FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

Tenth Circuit Federal Appeals Lawyers

What You Need to Know About Federal Criminal Appeals

The Federal Courts are some of the highest courts in the land. For this reason, you are more likely to obtain justice here. They are less concerned with local politics and don’t have the same type of personal political biases as state judges. The appellate judges can be very stoic and are able to look at issues in an abstract sense without the glare of drama that occurs in a trial setting. For these reasons, you stand a fair chance of succeeding in a federal appellate court if you are represented by a skilled attorney.

The federal criminal appeal process has promise for the innocent. There are far more tools in the federal system to correct the wrongs. The state courts can be pretty inflexible when it comes to appeals. In federal courts, you have a range of motions that can be filed to obtain relief even after a verdict and even many years later. The beauty of the federal court system is that it is designed to facilitate justice rather than to adhere dogmatically to procedure like the state courts.

Appealing a Federal Criminal Conviction

There are many aspects of an appeal that occur before the case is ultimately transferred to the higher court. If you neglect to hire quality trial counsel to represent you, don’t expect to get much leverage on a direct appeal.

A direct appeal is chiefly concerned with the issues that your trial counsel had preserved on the record. If they had failed in any manner, most of these errors must be rectified in a different kind of appeal called a collateral appeal.

A collateral appeal is like a direct appeal, except it is more specifically designed to bring up matters that are outside the trial record. Any errors committed by your trial attorney are most often considered here. Any new evidence in the case, witnesses, or issues that were not previously argued for relief must be brought up in this post-conviction process.

Federal Habeas Corpus

The post-conviction process where you have the opportunity to mend mistakes with time is called habeas corpus. This process allows federal prisoners to obtain remedy for fundamental errors rooted in constitutional rights violations. Most appeals bring up new evidence or errors by trial counsel. The attorney may testify why he did not choose to present key evidence of innocence or why he did not make key legal arguments to suppress hearsay testimony or other inflammatory evidence that would confuse a jury, for example. Once these proceedings are finished, the defendant has the right to have the same issues reconsidered by a panel of appellate judges or the full court en banc in the federal appellate circuit court of their trial jurisdiction.

Direct Appeals

Few defendants take direct appeals because most cases end with a guilty plea. A guilty plea is a contract that essentially waives almost every error that may be reviewable on direct appeal. Only the most basic failures such as the failure to provide counsel or other procedural issues that may undermine the validity of the plea may be considered. Yet, even in these cases, the appeals are usually deferred for the habeas corpus collateral appeal court to allow for submission of evidence and hearings on the issue.

Most direct appeals are related to jury instructions, motion rulings, and other objections raised at trial. If your attorney does not have adequate skills and experience, he will likely fail to preserve solid issues that can help you obtain relief in direct appeals.

Possible Relief

No matter what type of appeal that you take, you are not likely to have your conviction reversed by the appellate courts. In most cases, the best that you can get is a resentencing or a new trial to start over again. If you had pled guilty and the plea was later found to be involuntary, unintelligent, or unknowingly entered due to procedural defects and irregularities in the process, you will have to face trial and may forego the benefit of any reduced sentences that were originally negotiated.


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