Criminal Defense Lawyers

Finding the Right Federal Appeals Attorney for You

Finding the Right Federal Appeals Attorney for You

Appealing a federal conviction or sentence can be a complex and challenging process. Having the right federal appeals attorney on your side is crucial for navigating the appeals system and getting the best possible outcome for your case. Here are some tips on how to find the right federal appeals lawyer for you:

Do Your Research

The first step is doing thorough research to find appellate lawyers with specific experience handling federal criminal appeals. Look for attorneys who focus their practice on federal appeals and regularly appear before Circuit Courts of Appeal and the U.S. Supreme Court. Check their background, experience, track record with similar cases, and client reviews and testimonials.Search online legal directories like Avvo, Martindale-Hubbell, and FindLaw to find highly rated federal appeals lawyers in your state or circuit. You can also ask federal criminal defense attorneys you trust for referrals.

Consider Experience and Expertise

It’s important to hire an attorney who has extensive experience specifically with federal criminal appeals. Not all criminal defense lawyers handle appeals, which are very specialized. Look for a lawyer who has filed many appellate briefs, conducted oral arguments, and handled appeals in your federal circuit.Also consider the lawyer’s subject matter expertise. For appeals involving complex areas like fraud, corporate crime, or federal drug cases, find a lawyer experienced with those specific issues. Their understanding of the relevant laws and case law will be invaluable.

Evaluate Resources and Track Record

Make sure the lawyer has the time, support staff, and resources to dedicate to your appeal. Handling federal appeals takes lots of time for legal research, writing briefs, preparing oral arguments, etc. See if they have junior attorneys, paralegals, and legal assistants to help prepare your case.Carefully evaluate their overall track record with federal criminal appeals. Things to look for include their success rate, how often they’ve gotten convictions overturned or sentences reduced, and whether they’ve argued before federal appellate courts or the U.S. Supreme Court.

Consider Communication Style

Look for a federal appeals lawyer who is responsive, attentive, and makes you feel comfortable and confident. You want an attorney who listens to you, answers your questions, and keeps you updated on your case. Make sure their communication style works well for you.During consultations, be upfront about your expectations and concerns. Gauge how well they explain legal issues in understandable terms. You want an attorney who can translate complex issues into language you grasp.

Understand Fees and Billing

The cost of a federal appeal can vary substantially depending on the complexity of the case, the number of briefs required, and other factors. Get fee estimates upfront and understand the billing structure – hourly, flat fee, contingency fee, etc.Be wary of appeals lawyers who overpromise on getting your conviction overturned or seem too sales-oriented. Focus on attorneys who are realistic about potential outcomes and highlight their experience and expertise.

Move Quickly to File Your Appeal

After being convicted or sentenced in federal district court, there are strict deadlines for filing your notice of appeal – generally 14 days for criminal appeals. The appeals process moves fast, so contacting appellate lawyers quickly is vital.An experienced federal appeals attorney can advise you on the timeline and make sure your notice of appeal gets filed properly and on time. Missing deadlines can result in waived appeals rights, so don’t delay.

Understand the Appeals Process

The appeals process itself can be complex and confusing, especially for non-lawyers. A knowledgeable federal appeals lawyer can explain:

• The standard of review – what issues appellate courts examine
• Typical timelines for briefs, responses, oral arguments, rulings, etc.
• Grounds for appeals – procedural errors, insufficient evidence, excessive sentences, etc.
• Possible outcomes – conviction reversals, new trials, reduced sentences, etc.

Knowing what to expect can help you feel more confident throughout the lengthy appeals process.

Be Realistic About Your Chances

Appealing a federal conviction or sentence is always an uphill battle. Federal courts of appeal uphold lower court decisions about 80-90% of the time. Be realistic about potential outcomes and have reasonable expectations.A skilled federal appeals lawyer will be upfront about the challenges and help you understand what results are reasonably achievable. Focus your expectations on getting the fairest outcome possible.

Remember: Appeals Are Not Retrials

Importantly, appeals are not a retrial or re-examination of the evidence in your case. The appeals court will not second guess whether jurors made the right decision at trial.Instead, appeals focus on fixing legal errors that happened in the original case – things like improperly admitted evidence, lack of due process, insufficient evidence to convict, etc. Keep this narrow focus in mind.

Choose a Lawyer You Trust

Ultimately, you want a federal appeals attorney you have confidence in and a good rapport with. Listen to your instincts – you’ll likely be working closely together for months or years.Having an attorney who earns your trust, makes you feel heard, and fights passionately on your behalf can make a big difference in this difficult process.Appealing a federal conviction or sentence is a complex process, but the right federal appeals lawyer can maximize your chances of success. Do thorough research, evaluate experience and resources, understand the appeals process, and choose a lawyer you trust. With an experienced attorney guiding you, you can move forward with confidence.