Criminal Defense Lawyers

Getting a Federal Appeal Lawyer You Can Afford

Getting a Federal Appeal Lawyer You Can Afford

Getting convicted for a federal crime in district court is not a situation that defendants want to find themselves in. However, the conviction or the sentence that it leads to do not have to be the end of your case. You have a right to appeal your conviction or your sentence in federal court. Invoking that right can be the most important part of your defense strategy. Hiring a federal appellate practice with an effective federal appeals lawyer is usually the first step toward challenging your conviction or sentence.Here are five things that federal appeals attorneys think defendants should know as they pursue this important step in the criminal justice system:

You Do Not Have Much Time to Invoke Your Right to Appeal

One of the most important things to know about this crucial part of the process is that your time is very limited. Federal appellate courts have a tight timetable, and you are required to follow it or else risk losing your right to appeal.Under Rule 4(b) of the Federal Rules of Appellate Procedure, you generally have just 14 days from the entry of judgment to file your notice of appeal. This deadline is strict. If you miss it, you lose your right to appeal, period.While you do not need to have a federal appeals attorney lined up at this point – your trial lawyer can file the Notice of Appeal on your behalf – you should start your search for qualified counsel right away. Identifying lawyers with extensive federal appeals experience takes time. You want to get the process started as soon as possible.Once the notice of appeal is filed, the process moves to the appellate court. The trial court will order preparation of the record on appeal. Under Rule 31 of the Federal Rules of Appellate Procedure, once that record is filed with the appellate court, your federal criminal appeals lawyer has 40 days to serve and file the appellate brief.This brief is the central document in your federal criminal appeal, and you should give your federal appeals lawyers as much time as possible to make it as strong and persuasive as it can be.

Trial Attorneys and Federal Appeal Lawyers Have Very Different Skillsets

Here is something that many federal defendants do not realize: the skills that make for an effective trial lawyer are very different from those needed for federal appeals. This is why it is so important to seek out attorneys who focus their practices on appeals.Trial work is about performance. It requires thinking on your feet, connecting with jurors, and seizing opportunities in the courtroom. Federal appeals lawyers should guide you through the entire criminal appeals process, including presenting appeals to the United States Supreme Court if necessary.Their work is much more academic and meticulous. It involves deep research into case law, statutes, regulations, and the trial court record. It requires writing persuasively and citing legal authority convincingly. And it means scouring the record for procedural flaws or legal errors.In short, you want an appellate lawyer, not a trial lawyer, handling your appeal. Look for attorneys with a proven record of success in federal appeals specifically.

You Must Have Valid Grounds for Your Appeal

In order start the federal appeals process with a sentence or a federal conviction or criminal conviction, you need to prove that you have a valid grounds for your appeal. With only small exceptions, in order to have grounds to appeal a decision that was made at the federal district courts level the legal issues must have been raised for the court to decide.If a particular issue was not raised in the lower court, then it cannot be raised for the first time in the court of appeals. Your lawyer will comb through the trial court record and identify issues that were preserved for appeal.Some of the most common grounds for federal criminal appeals include:

• Violations of your constitutional rights, such as your Fifth Amendment right against self-incrimination or your Sixth Amendment right to effective assistance of counsel
• Insufficient evidence to support the charges against you
• Prosecutorial misconduct, such as failing to disclose exculpatory evidence
• Abuse of discretion by the trial judge, such as improperly excluding evidence or giving improper jury instructions
• Incorrect application of the federal sentencing guidelines resulting in an excessive sentence
• Plain error that affected your substantial rights, even if there was no objection at trial

Your lawyer will identify the strongest issues and explain why the trial court ruling was legally incorrect or why the conviction or sentence should be overturned based on the record.

The Appeals Process Takes Time

Federal appeals move slowly. After your notice of appeal is filed, several months may pass before the appellate briefs are complete. The court will schedule oral argument (or decide to rule on the briefs alone), and then will take additional time drafting and issuing its opinion.It is not unusual for a federal criminal appeal to take a year or more from start to finish. For complex commercial or civil appeals, the process can stretch out even longer. You need to be prepared for an extended process.Having experienced federal appeals counsel is important here as well. Your lawyers will know how to navigate the process efficiently, meet all deadlines, and present your arguments persuasively while avoiding common mistakes. Rushing through an appeal often leads to losing an appeal.

Federal Appeals Require Specialized Legal Skills

Finally, it is important to know that federal criminal appeals are time-consuming. Writing a persuasive, winning brief that will catch the court’s attention – and, hopefully, convince the court to allow oral argument on the appeal – takes careful research and substantial time to write and edit each argument that needs to be made.Superior writing skills, unparalleled knowledge of the law, attention to detail, and an ability to persuade federal judges are all needed for your appeal to have the best chance of success.Federal appeals require academic rigor and fanatical attention to detail. Federal appeals are complex, multi-faceted, and require expertise, time, and considerable skill to handle. In many cases, the lawyer who handled your trial is not your best choice for an appeal.Look for appellate lawyers who have clerked for federal judges, graduated from top law schools, and who have a proven track record specifically in federal criminal or civil appeals. This level of experience is your best chance for success.

How Do I Find an Appeals Lawyer I Can Afford?

For many federal defendants, the biggest obstacle is finding a top-flight federal appeals lawyer they can afford. Appellate attorneys with extensive experience tend to work at large law firms with high hourly rates. And because appeals involve so much research and writing, they often carry higher fees than trial work.However, there are ways to find experienced, talented appeals counsel while keeping costs under control:

• Ask about flat fees or blended rates. Many federal appeals lawyers are willing to work under fee structures other than hourly billing. A flat fee for the entire appeal is common. Blended hourly rates are another option.
• Look for solo appellate practitioners. Solo lawyers or small appellate boutiques can provide the expertise of large firm lawyers without the overhead costs. Be sure to vet them carefully, however.
• Consider lawyers outside your area. Thanks to technology, your lawyer does not need to be local. Research appellate lawyers statewide or even nationally. A few will take cases regardless of location.
• Ask about payment plans. Reputable lawyers will often agree to monthly payment plans to spread costs over the duration of the appeal. They want to help you.
• Seek referrals from courts or bar associations. Many provide referral services or reduced-fee panels of vetted lawyers willing to take appeals at below-market rates.
• Look at legal aid organizations. Depending on your financial situation and the nature of your case, legal aid groups may be able to provide pro bono assistance with appeals.

The appeals process provides an invaluable opportunity to challenge your conviction or sentence. While the road to a successful appeal requires time and skilled counsel, options do exist to secure experienced federal appeals lawyers while keeping costs affordable. Thorough research and asking the right questions are key.

Conclusion

The appeals process is complex, but critical for federal defendants seeking to overturn a conviction or reduce a sentence. By understanding the process, looking for lawyers with the right skills, and exploring creative fee options, you can find affordable counsel to maximize your chances of success. With a top-notch legal team fighting for you, federal appeals offer real hope even in the bleakest of circumstances.<a name=”ref1″></a>

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 https://www.ca9.uscourts.gov