Homestead Federal Appeals Lawyer
Defense attorneys specializing in federal appellate work
When a member of the military is convicted for a crime, the process of filing an appeal can be much more complicated. People who are in the military are required to follow federal and state law in addition to the Uniform Code of Military Justice (UCMJ). Not only can military-service members be convicted in a military court of law, but they can also be charged and convicted in a state or federal court. A member of the military who is convicted in multiple jurisdictions may also file an appeal in each court system. Joffe Law specializes in handling federal appellate cases in Homestead. We can help members of the military file an appeal in federal civilian court and appeal a court-martial conviction.
Appealing a court-martial conviction in Homestead FL
When a member of the military violates UCMJ, the individual may be court-martialed or subjected to a criminal trial within the military’s justice system. Federal courts-martials are conducted by the U.S. military. State national guards may also conduct military trials at the state level.
There are three types of courts-martial: summary, special, and general. An individual who is convicted at a summary court-martial may file an appeal with the next higher level of command within five days of receiving the sentence. If, after filing an appeal, the individual remains unsatisfied with the senior commander’s decision, the individual may submit an appeal with the Judge Advocate General and possibly with the Board of Corrections of Military Records.
Individuals who are convicted at a special or general court-martial may file an appeal with the respective Military Court of Appeal. There is a Military Court of Appeal for each branch of service. Individuals who are stationed at the Homestead Air Reserve Base who are convicted at a special or general court-martial and would like to file an appeal may file with the Air Force Court of Criminal Appeals.
Filing an appeal after a federal court conviction
In the civilian federal court system, people who are convicted at trial may file an appeal. A federal appeal should be based on evidence that suggests that the trial court made a legal error. A legal error may occur at any point during the trial or even before. However, a defendant must wait to see if the error results in a wrongful conviction before filing an appeal. During the criminal court process, the defendant’s attorney will ideally challenge any missteps the prosecution or the investigating agency makes. Even if the attorney raises timely objections and files the appropriate motions, errors do happen from time to time and may result in an unfair or incorrect case outcome.
Federal appellate courts
Military members who are accused of a crime that violates civilian law may be charged in federal or state court. The state court system mostly mirrors federal courts although some states use different names for their trail courts and appellate courts. When someone is charged with a federal crime, if the case goes to trial, the trial will take place in a federal district court, which is also known as a federal trial court. If the defendant is convicted by a federal trial court, the defendant may file an appeal with a court that is in the next tier of the federal court system.
After a federal trial court conviction, the convicted defendant may file an appeal with the designated federal circuit court. Currently, there are 13 federal circuit courts in the United States. Of the 13 circuit courts, 12 are regional courts that serve small groups of states that are located in close proximity to each other. The U.S. territories are also represented in the regional circuits. There is also one federal circuit court that handles cases that have national jurisdiction such as patent lawsuits. Florida is in the Eleventh circuit along with Georgia and Alabama. The Eleventh Circuit Court of Appeals is located in Atlanta. Convicted defendants who file a federal appeal in Florida are never required to travel to make an appearance at the appellate court. Because most federal appeals are decided based on the parties’ appellate briefs, the attorneys are also not required to appear before the court.
Filing a federal appeal
The first step to filing a federal appeal is to file a Notice of Appeal with the appropriate circuit court. Convicted defendants who want to file a federal appeal must do so within 14 days of the date of conviction. If more than 14 days have passed since your conviction, you may still be able to use other legal remedies for post-conviction relief. Ask our Homestead federal appeals defense lawyer which strategy is the best option for your case.
Do not say anything that might incriminate you. Speak with an attorney first.
When the circuit court receives the Notice of Appeal, the court schedules a deadline by which both parties in the case must file their appellate briefs. Apart from the timely filing of the Notice of Appeal, the appellate brief is one of the most important documents in a federal appeal. Defense attorneys choose the strongest legal issues in the case, and they argue those issues in the defendant’s appellate brief. Some common issues Federal defense attorneys in Florida have argued on appeal include:
- issues with the investigation
- issues with the evidence that was used to convict the defendant
- jury-related issues
- sentencing errors
Some legal errors are very subtle. Your Homestead federal appeals lawyer will review your case to determine whether a legal error led to your conviction.
INVESTIGATIVE ISSUES IN FEDERAL APPELLATE CASES
Law enforcement agencies are required to follow specific laws when investigating a potential criminal matter. Failure to follow the law may result in the prosecution not being able to use the affected evidence at trial against the defendant. Common investigative issues that occur in federal criminal trials include:
- failure to administer Miranda warnings
- failure to obtain proper authorization or a search warrant
- searching areas that are not covered by a valid search warrant
- using illegal interrogation tactics
- conducting an illegal traffic stop
If you believe a law enforcement officer may have violated your rights, contact a Florida federal defense attorney. Even if you have been convicted, your attorney may be able to have your case reviewed.
INADMISSIBLE EVIDENCE IN FEDERAL CRIMINAL CASES
There are certain types of evidence that cannot be admitted into the official record during a criminal trial. Defense attorneys generally object to the admissibility of the evidence in real-time when the evidence is presented during the trial. However, a court may erroneously allow inadmissible evidence to remain in the record and to be considered by the jury. The same concept applies to witness statements. A witness statement may be inadmissible if:
- the statement is hearsay and does not come from a first-hand source
- the testimony is irrelevant to the subject matter of the case
- the statement is prejudicial and would unfairly influence the jury against the defendant
- the statement speculative and is not a known fact
The average person who does not have an extensive background in the legal industry is unlikely to be able to readily identify all types of inadmissible evidence. Moreover, defendants who do not have effective counsel may not have the benefit of an attorney who will raise timely objections to inadmissible evidence. A Florida federal appeals attorney can review your case to determine whether inadmissible evidence may have been used to convict you.
JURY ISSUES IN FEDERAL CRIMINAL CASES
Most juries are composed of people who are not legal professionals. Nevertheless, each jury is tasked with correctly applying the appropriate laws in a case to reach a verdict. To help the jury properly apply the law, judges give instructions to the jury. Any error that involves the jury can negatively impact the defendant’s case outcome. Some common jury errors are:
- erroneous jury instructions
- confusing jury instructions
- biased jury
- jury tampering
Having a federal appeals attorney review your case can help you identify jury problems that may have negatively impacted the outcome of your case. If a federal appellate court identifies a jury error, your conviction may be overturned.
FEDERAL SENTENCING ERRORS
The Eighth Amendment prohibits courts from imposing cruel and unusual or otherwise illegal penalties when sentencing convicted defendants. Federal defense lawyers may challenge a defendant’s sentence in any case. However, attorneys are especially likely to file an appeal based on excessive sentencing if the case involves:
- a defendant who is a minor
- a defendant who is legally insane
- an incorrect sentence
- a capital sentence
- an excessive fine
Even if you were found guilty in your case, you are entitled to be sentenced appropriately. Your Homestead federal appeals lawyer can determine whether you were sentenced unfairly.
Federal appellate courts vs. trial courts
Appellate courts differ from trial courts in form and in function. Most people know that during a trial, the two adversarial sides present their cases by making opening and closing statements, entering evidence, and calling witnesses. Trial courts are tasked with reviewing evidence to determine substantive fact and establish what actually took place in a case. In jury trials, a jury hears the evidence and deliberates to vote on whether the jury collectively believes the defendant violated the applicable law.
When a case goes to an appellate court on appeal, the appellate court is tasked with determining whether the trial court made a legal error. To complete the task, appellate courts review the trial court transcript and each side’s appellate brief. If the appellate court has questions about the case, the court will schedule an attorney from each side to appear before the court to make an oral argument. During oral arguments, each attorney receives a limited allotment of time within which to present his or her case. The appellate court judges may interrupt the attorney’s presentation to ask questions Q&A-style.
When choosing an attorney for your federal appeal, it is important that your lawyer have strong persuasive writing skills. Your Homestead federal appeals lawyer should also be able to shine in the potentially intimidating process of presenting an oral argument before a federal appellate court. With more than 35 years of experience as a federal defense lawyer in Florida, David Joffe is always prepared to provide formidable legal defense in fighting for justice on his clients’ behalf.
POTENTIAL OUTCOMES OF A FEDERAL APPELLATE CASE
Because appellate courts are not fact-finding courts, they do not directly determine whether the defendant is “guilty” or “not guilty.” Instead, appellate courts decide whether they will uphold or overturn the decision a lower-ranking court made. A federal circuit court may decide to:
- reverse the trial court’s decision if the appellate court disagrees
- affirm the trial court’s decision if the appellate court agrees
- remand the case back to the trial court with instructions on how to correct the error if the appellate court has Reversed and ordered a new trial
FEDERAL APPELLATE COURT JUDGES VS. FEDERAL TRIAL COURT JUDGES
Most people are familiar with the trial court format in which a single judge presides over the court proceedings. In appellate court cases, a panel of multiple judges presides over the case. Federal circuit court cases have a panel that consists of three judges. The judges review the case collectively and vote to determine the case decision. In addition to publishing a decision on the case, each judge may also publish the legal analysis he or she applied in arriving at his or her vote in the case decision. Opinions that are written by federal appellate judges have legal authority and may be cited by attorneys and judges in future cases that raise similar legal questions.
Homestead federal appeals lawyer for military members
Joffe Law is a leading federal appeals law firm in South Florida. We represent civilians in the Homestead area and servicemen and women who are stationed at Homestead Air Reserve Base. If you have been convicted in federal court for a criminal offense, contact our team for a case review.