Criminal Defense Lawyers

Understanding the Federal Criminal Appeals Process in New York

Understanding the Federal Criminal Appeals Process in New York

The federal criminal appeals process in New York can seem complicated and intimidating. This article aims to explain the basics in an easy-to-understand way.

Overview of the Federal Appeals Process

After a defendant is convicted of a federal crime in a U.S. District Court in New York, they have the right to appeal that conviction to the U.S. Court of Appeals for the Second Circuit. This appellate court hears appeals from district courts in New York, Connecticut, and Vermont.The first step is filing a Notice of Appeal within 14 days of the judgment. This notifies the court that the defendant intends to appeal. Next, the record from the trial court is prepared and sent to the appeals court.The defendant, who is now called the appellant, then files a brief explaining the legal issues and arguments for reversing the conviction or sentence. The government, as the appellee, files a responding brief. The appellant can file a reply brief to counter the government’s arguments.Oral argument may then be scheduled, where attorneys from each side appear before a panel of three appeals court judges to make their case. But many federal criminal appeals are decided just based on the briefs.After reviewing the briefs and oral arguments, the appeals court will issue a written decision explaining its ruling and reasons. It can affirm the conviction, reverse it completely, or send it back to the trial court for errors to be corrected.If the appeals court upholds the conviction, the defendant can request an appeal to the U.S. Supreme Court. But the Supreme Court accepts very few cases each year.

Grounds for Appealing a Federal Conviction

There are several common grounds for appealing a federal criminal conviction, including:

• Evidentiary errors: Evidence was wrongly allowed or excluded at trial.
• Procedural errors: The trial process had legal errors like issues with jury selection or instructions.
• Prosecutorial misconduct: The prosecutor behaved improperly.
• Ineffective assistance of counsel: The defense attorney’s performance fell below professional standards.
• Unconstitutional statute: The law under which the defendant was convicted is unconstitutional.
• Insufficient evidence: The evidence presented at trial was not enough to prove guilt beyond a reasonable doubt.
• Sentencing errors: The sentence was improperly calculated or excessive.

The appeals court generally won’t overturn the jury’s findings of fact. But it can determine if legal errors affected the outcome or if no reasonable jury could have found the defendant guilty based on the evidence presented.

Timing Requirements for a Federal Criminal Appeal

It’s essential to understand the strict deadlines for filing a federal criminal appeal:

• The notice of appeal must be filed within 14 days of the entry of judgment. This deadline is jurisdictional, meaning if it’s missed, the appeal will be dismissed.
• After the notice of appeal, the appellant’s brief is due 40 days later. The government’s brief is due 30 days after that. Timing extensions can be requested but are limited.
• If the deadlines are missed, the appeals court can dismiss the appeal or refuse to consider certain arguments.

Meeting all the complex timing requirements is critical. An experienced federal criminal appeals lawyer is essential.

The Appeals Court Decision-Making Process

A panel of three circuit court judges is randomly assigned to each appeal. They generally follow several steps in reaching a decision:

• Review the trial court record, appellate briefs, and oral argument transcript if there was one.
• Discuss the case at one of their regular meetings where they decide appeals.
• One judge takes the lead in drafting the opinion, circulating drafts to the other two judges for review and input.
• Judges can write separate concurring or dissenting opinions if they differ on the reasoning or outcome.
• Once the judges agree on the final opinion, it is published on the court’s website.

The appeals court looks for legal errors, not factual ones. It presumes the jury verdict is correct unless no reasonable jury could have reached that decision based on the evidence. The judges apply the law in the context of binding Supreme Court and Second Circuit precedents.

Dealing with a Reversed Conviction

If the appeals court reverses all or part of a conviction, the next steps depend on the specifics:

• If the entire conviction is thrown out, the defendant is released and the case is usually dismissed.
• If only one charge is reversed, the defendant may still serve the sentence on the remaining counts.
• The appeals court may order a new trial if errors can be corrected.
• It may also modify the sentence if it finds the punishment was unlawful.

A reversed conviction is a major win for the defense. But it’s rare. Most appeals fail and the conviction is affirmed. Even a partial reversal though can mean less jail time.

The Role of the Federal Public Defender’s Office

Many federal criminal defendants who can’t afford a lawyer will have counsel appointed from the Federal Defenders office for their appeal. This organization has offices across the country and specializes in federal appeals.Federal public defenders have the experience needed for the complex appeals process. They frequently appear before the Second Circuit.But defendants who retained private trial counsel or want a second opinion may hire an appellate attorney for their appeal instead. This is common in big cases.

Finding an Excellent Federal Criminal Appeals Lawyer

For those seeking private counsel for a federal criminal appeal, it’s essential to retain an appellate specialist. Excellent skills and knowledge specific to appeals are needed.Here are top tips for finding the best federal criminal appeals lawyer:

• Look for an attorney who has clerked for federal judges. This gives insight into how they think.
• Find someone with significant experience handling federal appeals in the Second Circuit. Familiarity with the judges is helpful.
• Select a lawyer with subject matter expertise relevant to your case type and issues.
• Ask about the prospective lawyer’s track record of success on federal criminal appeals.
• Be sure they have the time and focus to give your complex appeal the attention it needs.
• Examine sample briefs to assess their writing skills. Writing ability is crucial.
• Make sure they have resources to handle large records and technical appellate issues.

Taking the time to find the right federal criminal appeals specialist could make all the difference in the outcome of a case.

Conclusion

The federal criminal appeals process has strict deadlines and complex rules. But defending a federal conviction doesn’t end at the trial stage. Having an experienced appeals lawyer review the case can uncover issues that warrant reversal or retrial.While the odds are against appellants, some convictions are overturned. Even a partial reversal can mean less prison time. Understanding the basics of federal criminal appeals provides a roadmap for defendants seeking to exercise their post-conviction rights.