How Can You Challenge A Federal Criminal Conviction?
When someone gets convicted of a crime, and they feel that justice was not served, the first thing that comes to mind is how to challenge the verdict. There are many things that can lead to a wrong ruling. Maybe, you feel that the judge was wrong, the prosecution did not do their work well, or your lawyer made a lot of mistakes during the case. The constitution allows you to appeal such rulings. However, one thing that has played out recently is a lack of knowledge by most people to know how to challenge a conviction. Here are the options at your disposal.
Choose a direct appeal
A direct appeal is when you notify the court that you intend to challenge their verdict. The constitution allows you to do it within 14 days after the initial and to observe several regulations. Therefore, when drafting the appeal case, your attorney will be working within timeframes because a simple mistake can lead to total dismissal of the appeal even before it starts. When you choose this type, your main task will be to convince the new jury that what the lower court did was not right.
Go for a 2255 appeal
Named after the US Code that created it, the 2255 appeal is different from a direct one because it is a habeas petition. In this case, you will telling the courts that your rights were violated, and that is the reason you are locked up. The rights talked about under this petition refer to the right to have a lawyer and so, you are simply telling the courts that the lawyers that represented you were wrong on your case. For example, if the attorney colluded with other parties to botch things, of they did not conduct sufficient research, you can bring the 2225 appeal to court.
Notice of appeal and the actual appeal
It is important to draw a difference between a notice of appeal and an appeal itself. The notice is a short document that notifies the courts that you will be challenging the ruling with a certain period of time. However, most people mistake in for a full appeal. There are cases that have never taken off because people gave notices, but never submitted the appeal. The actual document should be a detailed report of the things that went wrong during the hearing and what you think should have been done. It is this detailed appeal that the judges will be suing when hearings commence.
The evidence needed for an appeal
One of the problems that most people face during appeal cases emanate from evidence. You need to know that an appeal is not a retrial or new trial. Therefore, you will not be rehashing your evidence or providing new information to court. Anything that borders on those lines will be quashed by the court. What you should be doing is to convince the court that there were flaws in the proceedings at the lower court. Tell them about the mistakes the judges committed, what the prosecutor did not do right, or where your lawyers went wrong.
The duration of criminal appeals
When you choose to challenge a federal criminal conviction, you need to understand how long it is likely to take. Unfortunately, it is not always a good experience for most applicants. You thought that you will craft an appeal notice today and walk to freedom tomorrow; you are in for a rude shock. These cases are generally slow. Some of them take more than one year to be concluded. The reason behind this delay is that the courts are crowded. You will be surprised to know that there are thousands of cases before yours that are yet to take off. The sped will also depend on how your lawyer presents his case before the judges and how they work around the evidence.
As you can see, challenging a federal criminal conviction is not something that you can take lightly, but it is possible. As long as you can showcase that the lower court erred, you can start looking forward to your freedom. To b sure of this freedom, make sure that you find he most reliable lawyers. Choose attorneys with a proven track record in handling appeal cases similar to the one you are facing.