What To Do First If a Loved One Is Arrested by Federal Agents.

If you have been charged with a federal crime, then you may be curious about what will happen when you enter the appeals process. First, you have two appeal options that you can use, but for one of those appeal choices, you only have fourteen days to file the Notice of Appeal. The court is very strict on these timelines. They won't allow you to be one day late on your formal notice. So you need to be sure you know what direction you want to go and that you have the proper legal guidance.

Your Appeals Options

The first choice in an appeal is called a direct appeal. This is where you feel that the judge or jury has done something that has affected the outcome of your case. The second option is to use a 2255. This type of appeal is filed when you feel that the attorney that represented you didn't protect your rights, and you didn't get a proper defense.

Once you determine the best option, you must gather your documentation and file the petition. If you had a previous attorney that messed up your case, then you will need to hire a new lawyer to draft these documents. Going into a federal appeals court will require you to have legal counsel that is knowledgeable in this area of law.

The Docketing Statement

The next process is to file a docketing statement. These are just a formality, and it will help the court know how to handle the case. At this time, transcripts from the trial will be prepared, if they haven't already done so. The court issues a briefing schedule that allows you time to file your opening brief.

The Opening Brief