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Federal criminal appeals are an interesting topic to explore. Many people often consider them with a rehearing in which they’ll be able to challenge a court’s ruling. This is simply not the case and evidence or new legal arguments on the merits of the case are rarely ever presented. The process is designed to challenge the legality of a court’s ruling that was made in error or wasn’t made in accordance with the law. The good news is that a successful case can repair a lot of harm that’s been done or will result from a negative initial outcome. Many of our clients find their assets, income, future earnings, and employment could become unglued from a federal criminal conviction on their record. Add to it the potential for significant jail time and hefty fines and penalties. This article will address how federal criminal appeals work and will help you determine if it’s the right option for you.
Many people are panicked by the process that must be followed to file an appeal. A 10-day deadline is required to be followed; however, this is only to put the court on notice that an appeal will be filed. It’s not the actual filing of the appeal. It’s never advisable to wait until the last minute to get the ball rolling. This puts a significant amount of pressure on yourself and the attorney needing to file the notice. If you’re nearing the last day to file and can’t immediately hire an attorney, you’ll want to check out resources online to help you file a notice right away.
The process of the appeal is nothing like the initial trial. The trial is primarily conducted through the legal brief that’s prepared on the appellant’s behalf. The attorney will present any information that’s related to the case and how the attorney believes that an error or incorrect decision has been made. They’ll provide any evidence that was initially presented and support it with the transcript of the event in the case. Since case law is heavily relied upon in federal courts, the attorney will present cases in which they feel that a similar and favorable outcome had been made. The court weighs heavily on this information and it must be completely relevant. While creativity is required to carefully craft a complaint, no support from another court with case law will likely not work. The appellee’s attorney will raise their own concerns and questions regarding the matter in a similar fashion. After both sides have presented their cases, the court will rule.
While the internet and libraries are full of useful information and resources, nothing substitutes for an attorney. The amount of legal education required, and the resources needed to successfully defend an appeal simply can’t be learned in such a short period of time. With so many resources that can make an attorney’s assistance possible, cost shouldn’t be the sole determining factor in obtaining representation. The court isn’t sympathetic to shallow pockets or those that disregard or are uneducated on the law. Without expert representation, the chances of winning a federal criminal appeal are incredibly slim.
With a stringent process and short deadline times, it’s always best to hire an experienced and competent at the earliest possible time. They’ll be able to provide you with valuable insight and what to expect from the process. If successful, you’ll avoid significant penalties that can be devastating to your career and family and are long-lasting. If you feel there was an injustice that’s holding you captive due to the court’s own doing, it’s important now than ever that you get the defense you need and deserve. Get in touch with our offices for a case review to see how we can help you, today!