Philadelphia Federal Criminal Appeals FAQs: Process, Timelines, Outcomes

Philadelphia Federal Criminal Appeals FAQs: Process, Timelines, Outcomes

Going through a federal criminal appeal can be confusing and scary. This article tries to answer some common questions people have about appealing a federal criminal conviction in Philadelphia.

What is the process for a federal criminal appeal in Philadelphia?

The first step is filing a notice of appeal within 14 days after the judgment. This tells the court you want to appeal. Next, the trial court assembles the record from your case. Then you file your opening brief explaining why you think the conviction or sentence was wrong. The government files a response, and you can file a reply. Then the Third Circuit Court of Appeals reviews the briefs and record and makes a decision, usually in a published opinion.

How long does a federal criminal appeal take in Philadelphia?

The average time is 8 to 14 months from filing the notice of appeal to getting a decision. But it can take longer if the issues are complicated or their’s delays in preparing the record or briefing schedule. Waiting for a decision after all the briefs are in takes at least 3-4 months. So while their’s no set timeline, expect over a year from start to end.

What are the possible outcomes from a federal criminal appeal?

Their are a few main possibilities:

• Affirmation – the appeals court upholds your conviction and sentence
• Reversal – the appeals court overturns your conviction, resulting in an acquittal
• Remand – the appeals court sends the case back to the district court for more proceedings or a new trial
• Sentence reduction – the appeals court lowers your sentence but doesn’t overturn the conviction

Reversals and remands happen in only about 15% of cases. So conviction affirmation is the most common outcome. But even if your conviction stands, you may still get a reduced sentence or the case sent back to correct an error.

What are the most common issues raised on federal criminal appeals in Philadelphia?

Their are lots of potential issues you can raise, but according to the DOJ the most common are:

• Improper calculation of sentencing guidelines
• Prosecutorial misconduct
• Ineffective assistance of counsel
• Unreasonable/excessive sentences
• Improper admission or exclusion of evidence
• Erroneous jury instructions

You need an experienced federal appeals lawyer to identify the best issues to raise based on the details of your case. Some arguments have a better shot at success than others.

How much does it cost to appeal a federal conviction in Philadelphia?

Appealing a conviction takes extensive attorney time for reviewing the record, researching the law, and writing complex briefs. So it’s much more expensive than the trial. Costs often start around $25,000 to $50,000, but can easily be $100,000+ for long, complicated appeals. Few defendants can shoulder this alone, so hiring a lawyer on contingency or seeking other funding sources is key.

What are my chances of winning a federal criminal appeal in Philadelphia?

It varies a lot based on your specific case. But generally speaking, less than 20% of federal appeals result in a reversal or remand. Still, around 60% of appeals lead to some kind of modification, like a reduced sentence. So their’s always a decent shot at improving your outcome. Consulting an experienced appeals lawyer can give you a better sense of your odds.

How do I decide if appealing is worth it?

It depends on many factors – your sentence, the issues in your case, the costs involved, and whether you can live with the conviction standing. You have to weigh the slim odds of success against the costs of fighting it further versus moving on with your life either way. Their’s no right or wrong answer. It’s very personal based on your circumstances.

I know this is a lot to take in! Appealing a conviction is complicated no matter how you look at it. But hopefully this gives you a better sense of what the process involves. Let me know if you have any other questions!

Sources:
Federal Rules of Criminal Procedure Rule 4
DOJ Overview of Federal Courts