Florida Federal Lawyer Aventura Federal Criminal Attorney Federal Appellate Lawyer Aventura

Federal Appeals Attorney in Aventura

Let our experienced defense lawyer take a second look at your case

After a federal court finds a defendant guilty, the defendant may file an appeal with a federal appellate court. When a defendant files an appeal, his or her title changes from “defendant” to “appellant.” The appeals process does not directly give the appellant a new trial. Instead, the case proceeds to an appellate court, and a panel of judges decide the issue. The appeals process requires an adept attorney who thoroughly understands the relevant area of law. David Joffe’s track record demonstrates his ability to win criminal appeals in federal court.

Aventura criminal cases in federal appeals court

If you or someone you know has been convicted of a federal crime in Aventura, the appeals process presents an opportunity to have the trial court case reviewed on a limited basis. The federal court system has two levels of appellate courts. The first level consists of regional Circuit Courts. The second level consists solely of the U.S. Supreme Court. Currently, there are 13 federal circuit courts in the U.S. Florida is located in the 11th Circuit, which consists of Alabama, Florida, and Georgia. Defendants in Aventura federal cases who want to appeal their case must file their appeal at the 11th Circuit Court of Appeals located in Atlanta, GA.

Although the federal appeals court for Florida residents is located in Georgia, the federal criminal appeals process does not require the appellant to travel to the courthouse to appear. In many cases, the attorneys are not required to appear before the appeals court in order for the court to review the case.

Federal appeals court process

The appeals process begins when the defense files a Notice of Appeal, which must be filed no later than 14 days after the trial court delivers a conviction. Filing on time can mean the difference between having an appeal heard by the appellate court and automatic denial.

After the appellate court receives the Notice of Appeal, the court typically establishes a schedule for the attorneys on each side to file briefs. It is the responsibility of the appellant, formerly known as the defendant, to obtain the trial court transcripts and assemble the record. However, the attorneys from both sides must work together to determine what should be in the record. Examples of items the record may include are:

motions filed during the trial
transcripts of related proceedings
exhibits introduced at trial

Next, the parties will each submit an appellate brief. In the brief, the attorney makes the argument for either affirming or reversing the trial court’s decision. Appellate judges can only review arguments made within each party’s appellate brief. Defendants who want to appeal a federal conviction should ensure they are choosing an attorney who has excellent writing skills. When choosing a federal appeals attorney in Aventura, asking for past performance in federal criminal appeals should help determine which lawyer is likely to be the best choice for representation.

Just Arrested in Aventura?

Do not say anything that might incriminate you. Speak with an attorney first.

Appellate court review

When the court receives each party’s briefs, an assigned panel of three judges will read the briefs, review the trial court record, and make a decision on the appeal. Most appeals are decided on the briefs without the attorneys appearing before the court to make oral arguments. Occasionally, an appellate panel will set a date for oral arguments, and the attorneys will be requested to appear before the court.

Oral arguments on the appellate level are Q&A style, and the attorney is given a limited amount of time to answer each of the judges’ questions. A request for oral arguments does not automatically predict the outcome of a case. However, appellate courts typically do not reverse the decision of a trial court without scheduling oral arguments. At the end of the process, the appellate court will issue a written decision.

Appearing in front of an appellate court panel can be an intimidating experience. Therefore, defendants should choose an experienced, confident attorney who is thoroughly familiar with the federal appeals process.

The appellate process can take a few months to more than a year from filing the first notice to receiving a decision. Each federal circuit varies in the length of time the process takes. Very complicated cases or cases that have a large record generally require more time for the court to make a decision.

Possible outcomes from a federal criminal appeal

Instead of returning a “guilty” or “not guilty” verdict like a trial court, federal appellate courts issue a decision of “affirmed” or “reversed.” When an appellate court reverses a lower-ranking court’s opinion, the decision is “affirmed.” If the appellate court chooses to overturn the lower court’s decision, the decision is “reversed.” An affirmed judgment means nothing changes, and the case being sent back to the trial court for the original decision to be enforced. A reversal means the appellate court has made changes. Reversals also include specific instructions for the trial court. Reversed decisions generally result in the appellate court “remanding” the case by sending it back to the trial court for further action.

Reversals are statistically rare in federal court. Currently, more than 90 percent of federal appeals are affirmed. Reputable defense attorneys advise their clients of the best legal options for their case. If we decide to appeal your case, you can rest assured we will discuss all possible outcomes. In the event that filing an appeal is not your most favorable option, there may be other post-conviction options you may have for your case.

Grounds for filing a federal criminal appeal

When a case goes to an appellate court, the appellate court’s task is not to determine whether the defendant is guilty. Instead, the appellate court’s review is limited to whether the trial court applied the law incorrectly in a manner that affected the defendant’s case outcome.

Attorneys who are successful at the appellate level are skilled in deciding which issues to appeal. Instead of arguing every issue in a case on appeal, the most talented federal appeals lawyers choose to focus on a few issues on which counsel can build the strongest case. Common issues Aventura federal defense attorneys argue in federal criminal appeals include:

errors in jury instructions
excessive punishment
wrongful conviction
procedural violations
violation of due process
improper admission of evidence
improper argument

Although the federal appeals process is challenging, defendants deserve to have their case reviewed if the trial court has made an error. An Aventura federal appeals attorney can determine whether filing an appeal is the best legal option for obtaining a just outcome.

ERRONEOUS JURY INSTRUCTIONS

Every federal criminal trial is held before a jury. The manner in which the judge instructs the jury can directly impact the fairness of a trial and verdict. Jury instructions help the juror understand how they should arrive at their verdict. However, the instructions are sometimes complex and may be several pages long. An error in the jury instructions may directly cause the jury to arrive at an incorrect verdict. Some examples of jury errors are:

incorrect statements of law
ambiguous language
omission of key instructions
overly complex instructions
biased Instructions
misinterpretation of evidence

APPEALS BASED ON EXCESSIVE PUNISHMENT

The Eighth Amendment of the Constitution prohibits courts from imposing cruel and unusual sentencing. If a court imposes a sentence that is disproportionate to the crime of which a defendant is convicted, the defendant may appeal the sentence. Because the Eighth Amendment doesn’t explicitly state what constitutes cruel and unusual punishment, federal defense lawyers base their arguments on legal precedent set by previous cases. Sentences federal defense lawyers most often appeal are:

The death penalty
An excessive sentence when the defendant is a minor
Excessive fines
Sentencing in cases that involve a defendant who has been declared legally insane

Courts evaluate several factors in determining whether a sentence is excessive. In addition to reviewing the sentencing guidelines, a court will also weigh the severity of the offense, the defendant’s criminal history, and current societal views. A seasoned Aventura federal appeals attorney will be familiar with recent case law and societal norms that may play a role in the likelihood of successfully appealing a sentence.

PROCEDURAL VIOLATIONS

The Federal Rules of Criminal Procedure is the official name for the rules that govern criminal proceedings and prosecution in every federal court in the U.S. This standardized set of rules provide simplicity, facilitate fairness, and eliminate unjustifiable expense and delay in the federal criminal process. If law enforcement, a federal prosecutor, a judge, or the jury violate the rules of civil procedure, the defendant may have a valid cause for an appeal. Examples of violations of the rules of criminal procedure are:

Failure to obtain an arrest warrant
Improper search warrant
Failure to read Miranda rights to a defendant during arrest
Violation of the defendant’s right to a speedy trial
Failure to give defendant a fair trial
Errors in jury selection process

VIOLATION OF DUE PROCESS

The Constitution’s drafters derived the Fifth Amendment’s Due Process Clause from English law. Chapter 32 of the Magna Carta states that no free man should be imprisoned except by lawful judgment of his peers or by the law of the land. Generally, this means the government must abide by the rule of law. More specifically, the clause in the Fifth Amendment is often applied to procedural due process.

A violation of due process occurs when a government actor does something that obstructs the fairness of criminal court proceedings. Criminal court defendants may have a strong argument on appeal if a judge is biased against the defendant or if a prosecutor conceals evidence that suggests the defendant is not guilty.

IMPROPER ADMISSION OF EVIDENCE

Even if the government has indisputable evidence against a defendant, the evidence may be virtually useless in the end if the government violates the Federal Rules of Evidence. From the time a law enforcement agency conducts a search and seizes potential evidence, there are specific rules government actors must follow. Apart from obtaining consent from the correct party, law enforcement agencies must obtain a warrant from a court before conducting a search. If the prosecution produces illegally obtained evidence, the defense attorney may object to having the evidence admitted at trial. Apart from illegally obtained evidence, other types of inadmissible evidence includes:

Evidence that lacks relevance
Evidence that violates the defendant’s constitutional rights
Evidence that is hearsay

Evidence that lacks relevance may appear to achieve the prosecutor’s objective, but it does not address any of the questions the jury must answer to arrive at a verdict. For example, evidence that suggests a defendant abused drugs one time 10 years ago is likely irrelevant to a present-day accusation of tax fraud.

Constitutional rights violations often occur when a law enforcement agency deprives a defendant of the right to speak with an attorney, forces the defendant to make an admission under duress, or otherwise employs illegal means to obtain evidence.

Hearsay cannot be admitted as evidence because it is a statement that does not come from the direct source. For example, if a witness claims to have heard someone else say they saw the defendant at the scene of a crime, the statement is hearsay because the person who originally made the statement is not present to validate the claim.

ERRORS IN JURY SELECTION

During the jury selection process, each attorney may challenge the selection of a specific juror. Defense attorneys use the process to eliminate bias. Neither attorney is required to give a reason for eliminating a potential juror from the process. If a jury convicts a defendant, the defendant may have a solid argument for an appeal if the defense can prove one or more jurors held a bias that influenced the verdict.

Defense attorney for Federal Appeals in Aventura

The federal appeals process requires a high-caliber criminal defense attorney who can successfully undertake the criminal appeals process. The legal professionals at Joffe Law will be by your side for every step in the criminal court process. We will carefully review your case and help you understand the legal strategies that may benefit your case. When you call on us, you can rest assured that you have a formidable legal advocate in your corner. Whether you have recently been charged with a crime or if you’re in the post-conviction stage, when we fight on your behalf, we will always fight to win.