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Understanding the Basics of Federal Criminal Appeals
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Understanding the Basics of Federal Criminal Appeals
If you’ve been convicted of a federal crime, you may be wondering about appealing your case. Don’t worry! This article will walk you through the basics of the federal criminal appeals process in an easy-to-understand way.
First Steps After Conviction
Ok, so you’ve been found guilty at trial or took a plea bargain. Now what? The first thing you’ll want to do is file a notice of appeal. This is a simple legal document stating your intention to appeal the conviction or sentence. It must be filed very soon after the judgment – typically within 14 days. Speak to your lawyer right away to get this done.
Next, you’ll need the trial record. This is the official transcript of everything said at trial. Your lawyer will order this from the court reporter. It can take a few months to get the full record.
While waiting for the record, your lawyer will be researching legal issues, writing the appeal brief, and getting ready to file.
The Appeal Brief
The appeal brief is the main legal document in your appeal. It identifies errors made by the trial court and explains why your conviction or sentence should be reversed or changed. This document can run 50 pages or more!
Some common issues raised on appeal include:
- Improper admission of evidence
- Incorrect jury instructions
- Prosecutorial misconduct
- Ineffective assistance of counsel
- Sentencing errors
Your lawyer will pick the strongest issues and explain them thoroughly in the appeal brief, citing legal precedents. The goal is to show the appeals court that serious mistakes happened during your case that probably impacted the outcome.
Filing the Appeal
Once the record is complete and the brief is written, your lawyer will file everything with the appeals court. The prosecution gets a chance to respond with their own brief arguing that your conviction and sentence should stand.
Which appeals court will it go to? For federal criminal cases, it’s one of the 12 regional Circuit Courts of Appeals. For example, appeals from Virginia go to the 4th Circuit in Richmond. Appeals from Texas go to the 5th Circuit in New Orleans. Your lawyer will know the right court.
Waiting for a Decision
Now comes more waiting! The appeals judges will read the briefs carefully. Often, they will also listen to audio of the oral arguments made by both sides. This usually happens months after the briefs are filed.
The judges then debate the issues and reach a decision. This takes more time – often another few months at least. Appeals courts consider thousands of cases each year and are very busy!
The Appeals Decision
When the decision comes down, there are three basic possibilities:
- Affirm: The judges agree with the trial court and uphold your conviction and sentence.
- Reverse: The judges find serious errors and overturn your conviction completely. This results in an acquittal.
- Remand: The judges agree errors occurred but send the case back to the trial court to fix the problems. For example, you might get a new trial or sentencing hearing.
Most appeals result in affirmances. Complete reversals are rare. Remands happen more often – maybe in 25-30% of federal criminal appeals. But there’s no guarantee. It depends on the issues and how strong your arguments are.
Appealing the Decision
If you lose at the Circuit Court level, you can request a rehearing before the same panel of judges. These “petitions for rehearing” almost never succeed.
The next step would be asking the U.S. Supreme Court to hear your case. The Supreme Court rejects most petitions, however. They focus on resolving conflicts between the Circuits or settling undecided areas of law. Still, it’s an option if you have strong constitutional issues.
Barring Supreme Court review, the Circuit Court decision becomes final. At that point, your only remaining option is to explore “collateral relief” – basically filing new cases to challenge the conviction. We don’t have space to explore those here. But rest assured that fighting your conviction doesn’t necessarily end with the direct appeal.
Takeaways
Appealing a federal conviction takes time, but can be worth it. Work closely with your lawyer through every stage. Identify the best issues. Write persuasive arguments in your briefs. With hard work and some luck, you may get your conviction overturned or sentence reduced.
Most importantly, don’t give up hope. The appeals process exists for a reason – to fix mistakes made at trial. Federal judges do overturn some convictions. It’s not easy, but it happens. So stay positive and keep fighting if you believe in your case!
References
Here are some resources I used in researching this article: