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How to Handle a Federal Criminal Appeal After Conviction in NYC
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How to Handle a Federal Criminal Appeal After Conviction in NYC
Dealing with a federal criminal conviction can be overwhelming. The appeals process seems complicated, and it’s hard to know where to start. This article aims to walk you through the basics of handling a federal criminal appeal in an easy-to-understand way.
The First Step: Notice of Appeal
The first thing your lawyer needs to do is file a Notice of Appeal within 14 days of the judgment being entered. This puts the U.S. Court of Appeals on notice that you intend to appeal your conviction or sentence. It’s an important procedural step that starts the appeals clock ticking.
Getting the Record Together
After the Notice of Appeal is filed, the next step is to order the trial transcript and assemble the full record. This includes all pleadings, motions, exhibits, orders, transcripts, etc. Your lawyer will review everything closely to start identifying potential appellate issues.
Filing the Brief
The appellant’s brief is the main document stating the legal arguments for why your conviction or sentence should be overturned. It must be filed within 40 days of the record being complete. The brief has to meet strict formatting rules, so working with an experienced appeals lawyer is crucial.
The Government Files a Brief
Once your brief is filed, the government has 30 days to file a response brief. They will argue why your legal arguments lack merit and your conviction and/or sentence should stand.
Your Reply Brief
You have the option to file a reply brief within 14 days to rebut the government’s arguments. This is your last chance to argue why the conviction or sentence should be overturned before oral arguments.
Oral Arguments
Oral arguments allow each side to appear before a panel of three Appeals Court judges to argue the case. The judges will ask questions about the facts, evidence, convictions, sentences and the legal issues. Oral arguments usually last 15-20 minutes per side.
Further Appeals Options
If you lose at the Appeals Court level, you may be able to request a rehearing or file a petition to the U.S. Supreme Court. Your lawyer can discuss if either of these options make sense in your case. But additional appeals are strictly limited.
As you can see, federal criminal appeals involve many steps and strict deadlines. Having an experienced federal appeals lawyer is extremely important. They will know how to effectively argue why your conviction or sentence should be overturned under the complex federal laws and procedures.
If you or a loved one need help with a federal criminal appeal in the New York City area, contact a local appeals lawyer for a free case review. Don’t leave your freedom to chance – legal expertise can make all the difference.
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