Doral Federal Appeals Attorney
Let our federal defense lawyer help with your tough charges
The criminal court process doesn’t end with a conviction. For more than 35 years, David Joffe has represented criminal court defendants at the appellate level. If you have been convicted for a crime and there may have been legal errors that affected your case, a lawyer can help you file an appeal. An appeal does not guarantee you a new trial, but the appellate court will review your case to determine if the federal trial court was correct in convicting you. Knowing the relevant areas of the law and filing the necessary documents on time are critical to correctly initiating the appeals process. Let Doral federal appeal lawyer David J. Joffe help you file your federal appeal.
Understanding appellate courts
Appellate courts review decisions other courts make when a case originally goes to trial. Although there are appellate courts in the federal and state court systems. Federal cases are only reviewed by federal appellate courts. There are two tiers of appellate courts in the federal system. Courts in the first appellate level are referred to federal circuit courts. There are currently 13 federal circuits in the United States. Each circuit has one Circuit Court of Appeals. Each circuit consists of a few states that are grouped together largely based on geography. U.S. territories also belong to a circuit. Every circuit has one federal appellate courthouse.
Florida, Georgia, and Alabama are in the 11th Circuit. Defendants in Florida federal cases who wish to file an appeal at the conclusion of their case must do so with the 11th Circuit Court of Appeals, which is in Atlanta. One federal appellate courthouse per circuit may seem inconvenient, but in most cases, defendants do not travel to the courthouse to make an appearance when a case goes up on appeal. In most cases, neither attorney is required to make an appearance before the appellate court.
The second federal appellate level consists solely of the U.S. Supreme Court. Parties that lose their case at the circuit court level may file a writ of certiorari to request the U.S. Supreme Court to review their case. Parties that reach the highest-ranking court at the appellate level in the state court system may also file a writ of certiorari to request the Supreme Court to review the highest-ranking state court’s decision against them.
Federal appellate courts vs. federal trial courts
Most people are at least remotely familiar with how trials work in the U.S. from watching television and movies or playing “court” as a child. The federal appeals process is almost entirely different from the trial process. In fact, most people are unaware of what happens inside a courtroom when a defendant appeals a federal case. Rest assured the team at Joffe Law is thoroughly experienced with federal procedure and appellate cases.
Appellate courts differ from trial courts in several ways. Unlike trial courts cases, over which only one judge presides, federal circuit court cases are presided over by a panel of three judges. Trial courts are often decided by a jury. Because the appellate judges conduct the review and issue a decision based on the court’s review, there is no jury in appellate cases. The panel of judges issue a collective decision, but each judge may also choose to write an opinion that explains the legal analysis behind the way the individual judge voted in the decision. Attorneys and other courts may use appellate court decisions and even the individual judges’ opinions as authoritative support for their arguments in future cases.
Fact-finding vs. case review
Appellate courts differ from trial courts in terms of their purpose. During a trial, each side’s attorney may deliver opening and closing arguments, introduce evidence into the record, call witnesses, and cross-examine each other’s witnesses. Trial courts are tasked with finding out what took place in the case before. The process is also known as fact-finding. The court goes about this task by hearing and weighing the evidence each side presents.
When a defendant appeals a federal trial court’s decision, the appellate court’s role is strictly limited to reviewing the actions of the trial court. Therefore, appellate courts do not engage in substantive fact-finding. In most cases, the two sides do not make arguments before the court. Instead, each side submits an appellate brief, and the appellate court reviews the trial court transcript and the appellate briefs to make its decision. If the judges on the panel have questions, they will schedule a time for the attorneys from each side to present their respective arguments before the court. Circuit courts generally never overturn a trial court’s previous decision without scheduling oral arguments. However, a request to appear before the court and present oral arguments does not automatically mean the appellate court will overturn the trial court’s decision.
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Filing a federal appeal in Doral FL
Although errors may occur at any point during a trial, the defendant must wait to see if the court delivers a guilty verdict before filing an appeal. The defendant’s right to file an appeal automatically begins after a trial court convicts the defendant.
For defendants who want to appeal an action made by the trial court, the first step is to file a Notice of Appeal with the designated circuit court. Generally, defendants have 14 days to file an appeal after a federal trial court convicts the defendant. Filing a Notice of Appeal after the 14-day window may result in automatic denial of the right to file the appeal.
When the circuit court receives the Notice of Appeal, the court will schedule a deadline by which the attorney for each side must file their respective appellate briefs. Your Doral federal appeals attorney should have strong writing skills because the appellate brief is one of the most important documents the court will use to become acquainted with your case. In addition to writing an appellate brief, your Doral federal defense attorney also provides the trial court transcript, which the appellate court uses to learn what happened in the case. The defense and the prosecution work together to determine which parts of the transcripts from the trial court proceedings will become the official record for the appellate court to review. Because appellate courts do not engage in fact-finding, appellate courts generally accept the trial court’s substantive findings as fact.
The court reviews the appellate briefs and, in most cases, will decide based on the trial court transcript and the appellate briefs. If the judges have questions, they will schedule oral arguments. After oral arguments, the attorneys return to their home locations, and the panel of judges will typically take more time to deliberate. In its entirety, the appellate court process can take several months or more than a year from the filing of the Notice of Appeal to the court returning a decision.
Potential outcomes of a federal appellate case
Unlike trial courts, appellate courts do not directly determine whether a defendant is guilty or not guilty. An appellate court may be any of the following:
- reverse
- remand
- affirm
If the appellate court finds that the previous court made a legal error that affected the case outcome in a way that negatively affected the defendant, the appellate court will vote to reverse the lower court’s decision. A reversal may result in a trial court verdict being overturned, or the appellate court may reverse the previous decision and remand the case back to the trial court with instructions to correct the error. For example, a case may be remanded back to the trial court, and the appellate court may order a brand-new trial for the defendant if the trial court applied the wrong law and, therefore, wrongfully convicted the defendant. If the appellate court votes to uphold the previous court’s decision, the appellate court will decide to affirm the previous court’s decision.
Grounds for filing a federal appeal
When appealing a federal case, your appellate brief must focus on one or more legal errors that occurred during your trial. Some common legal issues defense attorneys appeal in federal criminal cases are:
- problems with evidence that was admitted into the record during the trial
- problems with the investigation
- constitutional rights violations
- sentencing errors
EVIDENTIARY ISSUES
Law enforcement agencies are required to follow certain rules when gathering evidence to support a criminal case. For example, the police are required to obtain permission from an authorized person or get a search warrant prior to searching a property. When conducting a traffic stop, the police must have a valid reason to stop the person. Even if the police have obtained a search warrant, the law enforcement agency can only search the areas that are specified by the search warrant. Illegally obtained evidence cannot be admitted to the record at trial and used to convict a defendant. Sometimes, trial courts erroneously allow illegal evidence to be admitted and used as a basis for conviction.
INVESTIGATIVE ISSUES
There are certain things law enforcement agents are not permitted to do during an investigation. When taking someone into police custody, the police are required to inform the individual of his or her Miranda rights, which include:
- the right to remain silent and avoid self-incrimination
- the right to retain an attorney and have the attorney present
- the right to have the government appoint an attorney to represent them free of charge
When reciting the Miranda rights, the police must also inform the individual that anything he or she says to the police can and will be used as evidence against the individual in a court of law. Nevertheless, police officers still force confessions, manipulate defendants, and engage in other illegal practices in an effort to bring about their desired outcome in a case.
In cases that involve certain criminal operations like the drug trade, prostitution, and human trafficking, the police often investigate suspected criminal activity by working undercover. While working undercover, law enforcement agents are not permitted to induce anyone to engage in criminal activity. Defendants who are arrested based on illegal activity they engaged in due to coercion, illegal deception, or force may not be convicted based on anything the police induced them to do.
CONSTITUTIONAL RIGHTS VIOLATIONS
A constitutional right may occur during any part of the criminal investigative and prosecutorial processes and even earlier. The Constitution extensively outlines protections that are owed to people who are accused of crimes. Your Doral federal appeals attorney should be well-versed in constitutional protections and the different ways the legal system infringes on the rights of criminal defendants.
SENTENCING ERRORS
The Eighth Amendment requires sentencing courts to sentence convicted defendants reasonably and appropriately. Nevertheless, sentencing courts sometimes incorrectly sentence people who are convicted of a crime. A wrongful sentence does not always involve jail, prison, or capital punishment. In some cases, a court may impose excessive fines. If you believe you may have been sentenced excessively, contact a Doral federal appeals lawyer who is experienced in challenging incorrect sentences.
Federal appeals lawyer in Doral
The federal appeals process can be daunting for everyday people and even for some lawyers. Choosing an attorney who is an excellent persuasive writer, well-versed in the federal statutes and in case law, and a confident speaker in the event your case goes to oral arguments will improve your odds of winning your case on appeal. David Joffe is South Florida’s trusted criminal defense attorney for federal cases. When you need highly effective legal counsel, bring your case to Joffe Law. We will continue the fight for justice even if you have been convicted. If your case is outside of the 14-day window for filing a direct appeal, there are other legal strategies we may be able to leverage to help you get justice in your case. Call us to learn more about the types of cases we handle and to receive a case evaluation.
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