Federal Appeals Attorney Southwest Ranches

Grounds for filing a federal appeal

Generally, appellate courts decide federal appeals in the defendant’s favor when the appeal is based on a legal error. A qualified Florida federal defense attorney will identify the strongest issues in the defendant’s case and base the appeal on those issues. Common issues defense attorneys argue in federal appellate cases include:

• investigative issues
• jury-related issues
• evidentiary issues
• excessive sentencing

INVESTIGATIVE ISSUES THAT LEAD TO A FEDERAL APPEAL

During a criminal investigation, law enforcement officers are required to follow certain rules and laws that are intended to protect people and their property during police encounters. Unfortunately, even federal agents can make mistakes. Police officers are required by the Constitution to advise people who are in police custody of certain rights, including the right to have a lawyer present and avoid self-incrimination. Before conducting a search on a property, the police are required to either obtain permission or obtain a search warrant in most cases. Other examples of investigative issues include:

• use of coercion during a police interrogation
• conducting a traffic stop without a reasonable cause
• improperly seizing property to be used as evidence
• tampering with evidence

Evidence that was obtained through illegal means cannot be used to convict a defendant at trial. Your Florida federal defense attorney will thoroughly review your case to determine whether an error may have occurred during the investigative phase and, if applicable, file an appeal based on the error.

JURY ISSUES DURING FEDERAL CRIMINAL CASES

The jury is one of the most important components in a federal criminal case. Because most jurors do not have a professional or educational background in federal law, judges provide instructions to the jury to help the jury correctly apply the relevant laws to the case. Any error in the jury instructions, jury selection, or in relation to any other aspect of the jury can directly impact the outcome in the defendant’s case. Some common jury errors are:

• confusing jury instructions
• erroneous jury instructions
• biased jury
• jury tampering

Most people would not immediately notice a more subtle jury error. If your attorney did not challenge a jury error during jury selection or the trial stage, you may retain an attorney who can review your case and help you file an appeal if a jury error occurred in your case.

PROBLEMS WITH EVIDENCE DURING A FLORIDA FEDERAL TRIAL

There are certain types of evidence courts cannot legally admit into the official record to be considered by the jury. The defendant’s attorney typically objects when a prosecutor or witness tries to enter inadmissible evidence into the trial court record. Some reasons evidence may be inadmissible are:

• the evidence is hearsay and is not a direct statement from a first-hand source
• the evidence is speculative and is not a statement of a known fact
• the evidence is prejudicial and would unfairly influence the case
• the evidence is irrelevant to the subject matter of the case

Although an attorney may object to inadmissible evidence, a judge may erroneously allow inadmissible evidence into the record. Your Southwest Ranches federal defense attorney may file an appeal based on the error.

Federal trial courts vs. federal appellate courts

Federal trial courts resemble the court and procedure with which most people are familiar. These courts are charged with the task of finding the substantive facts to determine exactly what happened in a case. For that reason, both sides introduce evidence, call witnesses, cross-examine each other’s witnesses, and make opening and closing arguments to give their cases a more cohesive narrative format.

Appellate courts are limited to reviewing the trial court’s findings. Therefore, when a case goes up on appeal, the appellate court accepts the trial court’s substantive findings as fact, and the judges review the trial court transcript. The defendant is responsible for providing the trial court transcript for the appellate court to review. Both sides determine which portions of the trial court proceedings transcripts will become the official record at the appellate court level.

Another key difference between trial courts and appellate courts is the number of judges. Trial courts have one judge who presides over the proceedings. Circuit courts have a panel of three judges. Where jury trials have a jury of the defendant’s peers hear the case, deliberate, and render a verdict, federal circuit court cases are decided directly by the panel of judges. The judges deliberate throughout the appeals process and vote to make a collective decision. In addition to publishing the circuit court’s decision and how many judges voted for or against it, appellate court decisions may also include opinions the judges may write to explain the legal analysis behind how they arrived at their vote in the decision. Appellate court opinions are important because lawyers and judges may cite appellate opinions as legal authority to support their arguments in future cases.

Sentencing errors in federal cases

Convicted federal criminal defendants may file an appeal if a court sentences the defendant excessively, wrongfully, or incorrectly based on the offense for which the defendant was convicted. The Eighth Amendment prohibits excessive or unreasonable penalties for crimes. If you believe the sentence in your case was inappropriate, too severe, or incorrect based on the relevant sentencing guidelines, your Florida defense lawyer may file a federal appeal based on the issue of excessive sentencing. An attorney may challenge sentencing in any federal case, but attorneys are more likely to file an appeal based on a sentencing error if:

• the defendant is a minor
• the case is a capital sentence case
• the defendant is legally insane
• the sentence is disproportionate to the offense

Florida defense attorneys do not only appeal federal prison or capital sentences. An attorney may also file an appeal if the defendant is sentenced to pay excessive crimes. Contact a Southwest Ranches defense attorney to discuss whether appealing the sentence in your case is the best option for you.

The federal appeals process

The first step in the federal appeals process is to file a Notice of Appeal within 14 days of a federal court conviction. Failure to file your Notice of Appeal may result in you forfeiting your right to file a federal appeal. However, if your case is outside of the 14-day window, there are other post-conviction relief options that may be helpful in your case.

When the federal circuit court receives the Notice of Appeal, the court will schedule a deadline by which each side must file its appellate brief. The appellate brief is one of the most important documents in a federal appeals case. In the majority of federal appeals cases, the appellate court decides the case based on the appellate briefs and the trial court transcript.

In a very small percentage of cases, the appellate court will schedule oral arguments and request the attorneys to make an appearance before the court to present their case. Circuit courts generally only schedule oral arguments if they have questions about the case. A request for oral arguments does not automatically indicate that the circuit court will reverse the trial court’s decision. However, circuit courts typically do not reverse a trial court decision without first requesting the attorneys to appear before the court to make oral arguments. After presenting oral arguments, the attorneys return to their home locations and await the appellate court’s decision.

From the filing of the Notice of Appeal to the publishing of the court’s decision, the federal appeals process may take several months to more than one year. Our Southwest Ranches federal appeals defense lawyer is dedicated to advocating for you at every step in the process and working diligently to present your case in the most compelling light.

Possible outcomes in a federal appellate case

Federal appellate courts do not determine whether the defendant is guilty or not guilty. Instead, appellate courts decide whether they will uphold or overturn a decision the trial court made. A federal appellate court may decide to:

• affirm the trial court’s decision if the appellate panel agrees with the trial court
• reverse the trial court’s decision if the appellate panel finds a legal error
• remand the case back to the trial court upon reversal with instructions to remedy the error and give the defendant a new trial

In some cases, a reversal may result in the defendant receiving a new trial. In other cases, a reversal overturns the conviction without the need for a new trial.

Contacting a Southwest Ranches federal appeals attorney

If you have recently been convicted of a federal crime and would like to appeal your case, you need a capable attorney to help you file a federal appeal. When choosing an attorney to help with your federal appeal, it is important that your attorney has strong writing skills and the ability to present your case in a compelling manner if the court requests oral arguments. David Joffe and the team at Joffe Law are always ready to show up and advocate on your behalf. Contact us if you are looking for highly effective legal counsel and representation. A member of our team will evaluate your case and determine the next steps.