What issues Do People Raise In A Federal Criminal Appeal??

Understanding the Federal Appeal Process

A conviction in federal court doesn't signal the end of your defense to a prosecution. However, the defense transitions from a trial to an appeal. At the appellate stage, the emphasis turns from the facts and evidence in dispute to whether the trial court correctly followed the law. As such, a Court of Appeals will not resolve factual questions. Instead, it considers only whether the trial judge failed to apply the correct legal standards to evidence, factual assertions and the conduct of the trial.

Below are some of the typical issues you might raise in a federal criminal appeal.

Sufficiency of the Evidence

Burden of Proof Requirements

The government must prove your guilt beyond a reasonable doubt. Here, you tell the Court of Appeals why the government failed to meet its burden of proof. You might point to the lack of eyewitness testimony or the absence of any statements or documents tying you to the criminal activity.

The Difficulty of This Ground for Appeal

Insufficiency of the evidence is a difficult road to reversal of a conviction. The Court of Appeals views the evidence most favorably to the government. If there are conflicts in testimony, the appellate judges will (for purposes of the appeal) answer them in the prosecution's favor. So long as the prosecution's evidence would be enough, if accepted by the jury, then you won't earn a reversal for lack of evidence.

Affirmative Defenses and Constitutional Protections