Boca Raton Federal Appeals Attorney
Expert representation when your freedom’s is on the line
For criminal court defendants, the story doesn’t end at conviction. After a criminal court convicts a defendant, the defendant may file an appeal. The appeals process doesn’t guarantee a new trial. Instead, the process prompts an appellate court to review the trial court record to determine if material errors were made. Defendants who want to file a federal appeal in Boca Raton require the help of a capable Florida federal appeals lawyer. David Joffe has the knowledge, training, and experience you want on your side when appealing a federal conviction in Florida.
The federal appeals court system
When a criminal court defendant files a federal appeal in Boca Raton, the case will be reviewed by a federal appellate court. The first of the two layers in the federal appellate court system consists of circuit courts. Currently, there are 13 circuit courts that handle appeals for a specific group of states based on the geographical region. Florida, Alabama, and Georgia make up the 11th Federal Circuit. The 11th Circuit Court of Appeals is located in Atlanta, Georgia.
Although each region is represented by only one court, defendants are not required to appear in court when they file an appeal. In fact, most appellate cases don’t even require the attorneys to appear before the appellate court. In some cases, the appellate court judges will schedule oral arguments and request the attorneys to appear before the court to answer questions. Receiving a request for oral arguments does not guarantee the outcome of an appellate case. However, Circuit courts generally don’t reverse the trial court’s decision without calling the attorneys in to answer the court’s questions.
DECISIONS MADE BY APPELATE COURTS
When a criminal case goes to an appellate court, the role of the appellate court is not to determine whether the defendant was guilty of the crime. Instead, the appellate court’s review of the case is limited to determining whether there were legal or procedural errors. Because the appellate court’s review is very limited in scope, appellate judges directly rely on the trial court’s transcript to learn about the substantive facts of the case.
When the appellate court makes its decision, it will either affirm the previous decision made by the trial court or reverse the trial court’s decision. If the appellate court reverses the previous decision, it will often remand the case back to the trial court and include new instructions for the trial court judge to follow. In some cases, a reversal may result in a conviction being overturned and, if necessary, the defendant receiving a brand new trial. In the majority of criminal cases that go to an appellate court, the appellate court affirms the trial court’s decision. However, reversals are not impossible. Working with a talented defense lawyer who specializes in federal appeals will help you present the strongest legal arguments in favor of you winning on appeal.
Federal court appeals process
Criminal court defendants must wait until after they are convicted to file an appeal. After conviction, the first step in the appeals process is to file a Notice of Appeal. The defense must file the Notice of Appeal within 14 days of the day the trial court convicts the defendant.
After the appellate court receives the Notice of Appeal, the court will establish a schedule for each side to file an appellate brief. In the criminal appeals process, the defendant is referred to as the appellant. The defense attorney and the attorney for the prosecution must work together to determine what should be included in the record the appellate court will review. However, it is the appellant’s responsibility to supply transcripts from the trial court proceedings and to assemble the record. Examples of items the defense will typically include in the record are:
- motions filed with the trial court
- transcripts from the trial and related proceedings
- exhibits introduced during the trial
The appellate brief is the defense attorney’s opportunity to make the case for reversing the trial court’s decision. Appellate court judges are limited to only reviewing the information each side includes in its respective appellate brief. Therefore, no new evidence is introduced when a case goes before an appellate court. However, in some cases, an appellate court can determine that a case should be sent back to the trial court for new evidence to be presented.
When choosing a defense attorney for a federal appeal, it is important to work with an attorney who has a strong command of the relevant area of criminal law and excellent writing skills. An established federal appeals lawyer will be able to show past performance to illustrate his or her ability to win appellate cases.
Do not say anything that might incriminate you. Speak with an attorney first.
How appellate courts work
Appellate courts differ significantly from trial courts. When a criminal case goes to trial, a single judge will preside over the proceedings. However, federal appellate cases usually go before a panel of three judges. The three judges read the appellate briefs, review the trial court record, hear oral arguments if necessary, and ultimately make a decision on the appeal. In addition to deciding to reverse or affirm the trial court’s decision, each judge on the panel may write an opinion explaining how they applied the law and arrived at their decision. Federal defense attorneys often use the legal analysis applied in appellate court opinions as a legal basis for making arguments in future cases.
ORAL ARGUMENTS ON APPEAL
During criminal trial court proceedings, attorneys from the prosecution and defense make opening arguments, present evidence, call witnesses, and conduct direct and cross examinations of the witnesses. When an appellate court schedules oral arguments, the process is completely different.
First, oral arguments are optional and at the discretion of the appellate court judges. If the panel of judges have questions, they will schedule the attorneys to appear before the court. During oral arguments, each attorney will appear before the court and be given a limited amount of time, usually 15 minutes, to present their respective cases. In the course of the presentation, the judges will ask questions of each attorney Q&A-style.
Appearing before an appellate court can be an intimidating experience for an attorney. When choosing an attorney to file an appeal, defendants should opt for an attorney who is seasoned and has the poise and confidence to articulate the strongest arguments in your favor at the federal appellate level. David Joffe has the determination and professional experience to fight for your case on appeal.
Grounds for appealing a federal criminal case
Successful appeals are based firmly on a legal error or constitutional violation that occurred when the case was before a trial court judge. Talented federal appeals attorneys narrow their focus to the issues on which they can build the strongest case for a modification to the trial court’s decision. Common issues attorneys argue on appeal in federal criminal cases include:
- erroneous jury instructions
- excessive punishment
- wrongful conviction
- procedural violations
- violation of due process
- improper admission of evidence
The appeals process is highly technical. Therefore, defendants should consult a Boca Raton federal appeals defense attorney to identify issues that can potentially support the strongest arguments on appeal.
JURY INSTRUCTION ERRORS
In federal criminal trials, the judge gives instructions to the jury. The jury instructions are very important because they help jurors understand how they should apply the law in arriving at a verdict. Unfortunately, jury instructions aren’t always simple. Some cases involve very complex legal matters. Therefore, the jury may receive instructions that are several pages long. A material error in the instructions the jury receives can directly affect the outcome of the case and result in a wrongful conviction.
The potential for jury errors underscores the importance of every defendant having a capable defense attorney. Some examples of jury instruction errors are:
- ambiguous language
- omission of important instructions
- biased instructions
- misinterpretation of evidence
- excessively complex instructions
- incorrect statements of law
Your Boca Raton federal appeals attorney will be able to determine whether the jury at your trial received erroneous instructions. If you wish to work with a new attorney for your appeal, your new defense lawyer can review the jury instructions in the case records. A major error in the jury instructions may result in the appellate court overturning the conviction or remanding the case for a new trial.
EXCESSIVE PUNISHMENT
Constitutional protections against excessive sentencing are based on the Eighth Amendment, which prohibits the government from imposing cruel and unusual punishment. Therefore, even if a court convicts a criminal defendant, the penalty must be proportionate to the severity of the crime. If the sentence is excessive, the defendant may appeal and request a reduction in sentencing. Federal defense attorneys commonly file an appeal based on excessive punishment in the following situations:
- the defendant is a minor
- the defendant was sentenced to the death penalty
- the court imposed excessive fines
- the court imposed an excessively long prison sentence
- the defendant had been declared legally insane at the time of the trial
Appellate courts evaluate several factors in determining whether sentencing is too severe. In addition to looking at the respective sentencing guidelines, the panel of judges will also evaluate other factors like the defendant’s criminal history and society’s current views on the crime. A seasoned federal appeals lawyer can highlight the characteristics in your case that may be compelling grounds for sentencing modification.
PROCEDURAL VIOLATIONS
Federal criminal court proceedings are governed by the Federal Rules of Criminal Procedure. The goal of the Rules of Criminal Procedure is to facilitate fairness and make the federal criminal court process less complex and more efficient. All federal officials in the federal criminal process are required to follow the rules. Defendants may file an appeal if a procedural violation occurs at some point during the criminal process. Some examples of common violations include:
- improper search
- failure to obtain an arrest warrant
- failure to inform defendant of Miranda rights
- excessive trail delays
- errors in the jury selection process
- violation of defendant’s right to a fair trial
It is always best to consult an attorney if you suspect there may have been a procedural violation in a criminal trial. David Joffe thoroughly understands federal criminal procedure and is available to evaluate your case.
VIOLATION OF DUE PROCESS
The right to procedural due process is based on the Fifth Amendment of the Constitution. Due process is based on the principle that people who have been accused of a crime are entitled to receive a fair trial with a jury of their peers before they may be convicted. A defendant may be able to win an appeal on the basis of due process if they can prove the federal government acted in a way that obstructed justice. For example, a biased judge or a prosecutor who suppresses evidence that is favorable to the defendant are common grounds for appeals that are based on a due process violation.
IMPROPER ADMISSION OF EVIDENCE
The process of seizing, handling, and entering evidence into the record of a criminal proceeding is a meticulous process. Law enforcement agencies must have legal permission to conduct a search whether permission takes the form of a search warrant, consent, or if a police officer legitimately observes evidence in plain view. Evidence teams and crime labs must property secure crime scenes and prevent tampering and contamination when gathering and storing evidence. When the prosecution enters evidence into the trial record, the evidence must be admissible. A few evidence-related reasons criminal defense lawyers appeal convictions include:
- irrelevancy
- constitutional rights violation
- hearsay
JURY SELECTION ERRORS
Before a trial begins, the defense attorney and prosecutor interview potential jurors and participate in the jury selection process. The objective of the jury selection process is to eliminate bias by allowing the attorneys to remove potentially biased jurors from the jury pool. Regardless, there are still instances in which a jury may be biased. A defense attorney may challenge a conviction based on problems with the jury selection process if bias may have contributed to a wrongful conviction.
Federal appeals lawyer in Boca Raton
Joffe Law is a highly esteemed federal defense law firm in Boca Raton. Our proven successful track record in federal criminal appeals sets us apart from our peers. If you or someone you know has been convicted for a federal offense, contact us to learn about potential legal options. Call David Joffe today to receive a case evaluation.
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