FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

Iowa Federal Appeals Lawyers

The Federal Appellate Courts operate like a well-oiled machine. They handle a lot of important and complex cases. This means that you have to be very persuasive and good with words if you want to win on appeals. A federal appeal is based primarily upon written briefs and short oral arguments (if the court is willing to entertain them). They try to solidify the jurisprudence (science of law) by creating a uniformity of law called stare decisisStare decisis makes it easier to obtain justice, as a matter of principle, in the appellate courts if you are a good litigant because the drama and emotional bias is absent.

Overview of the Federal Appellate Process

 

Notice of Appeal

Filing a notice of appeal is the first step in initiating a federal appeal. The notice of appeal is filed in the trial court where the proceedings occurred. This notice may be due in as few as 10 days after the final judgment in a case is entered on the record. This is not when you receive it in the mail. Therefore, having an appellate attorney already hired or your current trial counsel notified to receive notice of a final judgment by email is the best way to preserve your appellate rights.

Briefing the Issues

In a U.S. Court of Appeals for any of the 12 circuits (regions) of the United States, only issues that were preserved in the trial court record will be reviewable on appeal. This means that you must have the sworn testimony of facts, the supporting evidence, and the correct authorities of law to bring up the issues on appeal. Only a few pure questions of law such as a lack of subject matter jurisdiction may be raised for the first time on appeal.

The brief is a highly formatted and indexed document that puts together a convenient summary and picture of the proceedings below with a statement of the facts and proceedings. It then flows into various legal arguments subdivided into sections with citations to the record below. There are different standards of review on appeal such as abuse of discretion, de novo, clearly erroneous, and others. The brief must cite the proper standard of review for each question presented.

The appellant brief is the brief filed by a defendant that seeks to reverse, vacate, or modify the judgment below for reduced sentencing or to correct any one of innumerable errors in the arrest, trial, pre-trial, post-trial, or plea bargaining process. The briefs have strict page, word, and formatting restrictions that must be followed carefully. Even the footnotes have rules. Substantive arguments raised in the footnotes are ordinarily waived.

These documents require a great deal of skill to compile. They must be compelling enough that the public would see the grave injustice by citing evidence and laws that make a violation plain. The appellant’s opening brief is generally due within 45 days of initiating the appeal or otherwise receiving a briefing schedule and proof of docketing. This is followed by a counterbrief filed by the prosecutor’s office within 30 days or pursuant to local rules. The appellant may then file a short reply brief that counters any new issues raised by the appellee (government).

Briefing Strategy

Although there may be numerous errors preserved in the record below, a skilled appellate attorney knows which ones are the strongest. Pursuing only one to three of the strongest claims on appeal provides the best chance for relief. The appellate court staff members are swamped with work and can become biased when they are forced to sift through a lengthy brief.

In most cases, they are trying to preserve the integrity of the court system when there are clear errors of injustice. Although they may try to whitewash them by writing misleading and open-ended opinions when they remand the cases, a steadfast and dedicated appellate attorney will continue to clarify the issues and make solid records of any errors perpetuated.

Possible Relief in a Criminal Case

On direct appeal, a judgment can be vacated, modified, partly vacated and partly affirmed, and/or remanded for further proceedings. The appellate court will enter a mandate of instructions for the lower court to carry out once a judgment order is entered. This can ultimately lead to release, a new trial, or resentencing.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.



Hear From Our Clients

"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
Read Our Reviews
Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us