03 Aug 23

Federal Criminal Appeals

| by

Last Updated on: 4th August 2023, 01:08 am

Federal U. S. District Courts hear criminal cases involving violations of federal laws. The U.S. Federal Court System is a three-tier system with U.S. Courts of Appeals reviewing the decisions of the U. S. District Courts and a U. S. Supreme Court which reviews appellate court and state supreme court decisions. Federal criminal appeals rarely over turn convictions. A guilty verdict on some charges can be appealed by a motion for the trial judge to reconsider the jury verdict or order a new trial. Our federal criminal defense attorney is admitted to Court of Appeals for the Second Circuit in New York City. Our lawyer can file an appeal to a three-judge panel in the appellate court if it’s possible to demonstrate that the judge who convicted you made a mistake or did not consider specific material facts.

Federal Rule 32 Sentencing and Judgment

Federal Rule 32 Sentencing and Judgment requires sentencing without delay. A presentence investigation by the pretrial services or probation officer starts with an interview of the defendant. The officer writes a presentence report to the judge and the defendant’s attorney recommending a reasonable sentence within federal court guidelines. The report tells the defendant’s criminal history, the severity of the current offense, and the type of treatment or counseling the defendant needs. It recommends alternative sentences and states the amount of restitution that the defendant owes.

Federal Court Judgment

A federal court judgment is a conviction, a plea, or a jury or judge’s verdict and the defendant’s sentence. The judge signs the judgment, and the clerk enters it. Forfeiture procedures are governed by Rule 32.2.

U.S. Appellate Court

The 94 U.S. district courts serve 12 regions, or circuits. Each of the 12 circuits has one Court of Appeals. The U.S. Supreme Court only hears 100 to 150 appeals out of the 7,000 writs it receives every year.

U.S. Court of Appeals for Second Circuit

The U.S. Court of Appeals for Second Circuit in New York City only reviews legal claims that were presented in the U.S. District Court trial. The appellate court will review only issues objected to during the lower court trial. Only errors that directly impact the verdict can be used to get a judgment reversed.

The Appeal Process

Our federal criminal defense lawyer can file an appellant’s brief listing the errors or facts that the judge did not consider and why you believe the omission is important. The federal government prosecutor will respond with specialized legal knowledge of case law, and your defense attorney with 50 years of experience will enter into oral argument against the government attorney to get your conviction in full or in part reversed or your sentence reduced. It may take weeks for the appellate court judges to render a verdict affirming or reversing a fact or a part of your conviction and remanding your case to the lower court.

LEARN MORE  SNAP Charging Letter - What Not to Say to the USDA

Sentencing Appeal

Federal courts change terms of sentencing and supervised release often. Allow our federal criminal defense attorney with 50 years of experience in the entire corrections process to appeal your sentence. Our attorney is well-respected in the federal criminal justice system. Our attorney’s goal is to preserve your rights and to prevent your federal criminal charge from devastating you and your family. Your federal prison can alter your sentence or move you to another prison to provide educational or job skills training or rehabilitative treatment for you. Federal courts can change your sentence or the length of your parole depending on:

• Federal sentencing guidelines
• Severity or type of your offense
• Previous criminal history
• Probability that you’ll reoffend
• Your threat to public safety

Spodek Law Group P.C.

Call or contact our federal criminal defense attorney to discuss the appeal of your federal criminal court conviction in our convenient Bronx, Brooklyn, Long Island, or Queens law office. Our law firm welcomes multi-defendant cases. Our federal criminal appeals attorney brings big city experience in the entire corrections process into your federal criminal court case for a cost-effective solution to your legal problem. Our law firm is available 24 hours each day 7 days each week to take your call. Our attorneys speak English, Russian, and Spanish. Our legal fees are reasonable.