Federal Appeals Lawyer in Hialeah
Powerful representation for another chance in court
For defendants who are convicted of a federal crime, the fight for justice continues beyond the announcement of a guilty verdict. When federal trial courts convict defendants, the right to file an appeal automatically begins. Most federal appeals are decided against the defendant. However, a cardinal mistake many convicted defendants make is choosing the wrong attorney or no attorney to file their appeal. Having a Florida defense attorney who is seasoned in filing federal appeals will improve the likelihood of you achieving a more favorable outcome in your case. David Joffe has defended Floridians in federal criminal cases for more than 35 years. Contact Joffe Law if you need a formidable attorney to file your federal appeal in Hialeah FL.
Federal appellate courts
The federal court system consists of three tiers. Most federal cases enter the federal court system through the bottom tier, which is made up of federal district courts. District courts are also known as trial courts because they are the courts in which federal trials take place. When someone is initially charged with a federal offense, the case is prosecuted in a federal district court. If a defendant is convicted by a federal trial court, he or she may file an appeal with a court that is in the second tier, which is the lowest level of federal appellate courts.
Federal courts that make up the second tier of the federal court system are known as federal circuit courts. There are currently 13 circuits in the United States. Federal circuits consist of either a group of a few states that neighbor each other geographically or a group of U.S. territories. Florida is located in the 11th Circuit along with Georgia and Alabama. Hialeah defendants who are convicted in federal court and would like to file an appeal must file with the 11th Circuit Court of Appeals, which is located in Atlanta. When a case is decided at the trial court level, the defendant is the only party who can appeal. That means the federal government cannot appeal a not guilty verdict.
The party who loses its case at the circuit court level may file a petition for the case to be reviewed by the Supreme Court. The Supreme Court is the highest-ranking appellate court in the country and the only court in the highest tier of the federal court system. Of the cases for which the Supreme Court receives petitions, only a small percentage of those petitions are granted.
Federal appellate courts vs. federal trial courts
Most people are familiar with how trial courts work whether from personal experience with being in a courtroom or from learning at school or watching television or a movie. Trial courts are tasked with finding substantive facts to determine exactly what happened in a case. Both the defense and the prosecution present their respective versions of the facts by introducing evidence, calling witnesses, and cross-examining each other’s witnesses.
In contrast to trial courts, appellate courts are limited to reviewing the trial court’s decisions to determine if a legal error may have impacted the outcome of the case. Therefore, appellate courts take the trial court’s substantive findings as fact. Neither party interviews witnesses or introduces evidence at the appellate court level. In fact, most appellate cases are decided without the attorneys ever making an appearance before the court.
Although appellate courts do not weigh evidence to determine whether or not the defendant committed an offense, the defense may file an appeal based on the availability of new or additional evidence that should have been considered by the trial court. If the appellate court finds that the evidence is material and may affect the outcome of the defendant’s case, the appellate court will send the case back to the trial court and give instructions for the defendant to receive a new trial to allow the defense to present the additional evidence.
Appellate court judges vs. trial court judges
Appellate courts and trial courts differ in the number of judges who preside over the cases that come before the respective courts. When a case goes to trial, there is a single judge who presides over the proceedings. Appellate court cases are decided by a panel of multiple judges who vote to come to a collective decision. Circuit court panels consist of three judges. This means that an attorney who argues a federal appellate case faces the challenge of convincing multiple judges to decide in his or her favor.
Appellate court decisions
Unless the defense requests a decision by a judge, federal trials are decided by a jury. Appellate cases are decided directly by the judges. Instead of returning a verdict of guilty or not guilty, appellate panels decide whether to “affirm” the decision the trial court or previous appellate court made or “reverse” the previous court’s decision. If the appellate court decides to reverse, the court may also “remand” the case back to the previous court with instructions on how to correct the legal error that resulted in the incorrect or unfair outcome to the winning party.
In addition to issuing a ruling in the case, the appellate court decision will also show how many judges voted for or against the appellate case outcome. Individual judges may also opt to publish their own opinions that detail the legal analysis that led to their individual vote in the appellate case. Appellate judge opinions carry legal authority and may be cited by attorneys and judges in future cases that cover the same or similar subject matter. For that reason, the U.S. Supreme Court is more inclined to take up cases that answer major legal questions or directly affect public policy.
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Filing a federal appeal in Florida
For convicted federal defendants who want to file an appeal, the first step is to file a Notice of Appeal with the appropriate circuit court. The Notice of Appeal must be filed within 14 days of the date of conviction. If your case is beyond the 14-day window, ask your attorney about other options for post-conviction relief. Federal appeals are just one legal strategy that may benefit you.
When the court receives the Notice of Appeal, the circuit court will schedule the date by which the defense and prosecution must each file their appellate briefs. Apart from the timely filing of the Notice of Appeal, the appellate brief is arguably the most important document for the defendant when filing a federal appeal. Choosing a Hialeah federal defense lawyer who has strong persuasive writing capabilities will enhance the likelihood of winning on appeal.
In most cases, federal appellate courts decide the case based solely on the appellate briefs and the trial court record. The defense is responsible for supplying the trial court transcripts to be entered into the official record in the appellate court case. The defense and the prosecution determine which portions of the transcript will be included in the official record.
If the appellate judges have questions about a case, they will schedule the attorneys from each side to appear before the court to present their case during oral arguments. The attorney from each side is allotted a limited amount of time to make his or her presentation. During the presentation, the appellate judges will typically ask questions of the presenting attorney Q&A style. After the conclusion of oral arguments, the attorneys return to their home locations and await a decision from the appellate court. Presenting before a federal appellate court can especially be an intimidating experience for attorneys. David Joffe is always prepared to advocate for his clients whether in trial court or at the highest-ranking appellate court in the United States.
Federal appellate courts generally do not decide to overturn a prior court’s decision without first scheduling oral arguments. However, there are times when an appellate court schedules oral arguments without reversing the lower court’s ruling.
From the initial filing of the Notice of Appeal to the publishing of the appellate court’s decision, the process of filing a federal appeal can range from several months to longer than one year. Joffe Law will proactively and patiently advocate for you throughout the federal appeals process. We know how to navigate the federal court system, and we will put our knowledge and experience to work for you.
Grounds for federal appeals
Federal appellate courts review trial court decisions for legal errors. Therefore, successful appeals are mostly based on technical arguments. Your Hialeah federal defense lawyer will determine the strongest arguments in your case and base your appeal on those issues. Some common issues attorneys successfully argue in federal appeals are:
- investigative errors
- evidentiary errors
- jury errors
- sentencing errors
INVESTIGATIVE ERRORS IN HIALEAH FEDERAL CRIMINAL CASES
Investigative errors generally occur before a case goes to trial. Law enforcement agents are required to follow certain rules when gathering evidence. Failure to follow the rules typically results in the evidence the law enforcement seizes through illegal means not being admissible at trial. Examples of investigative errors law enforcement agencies make include:
- failure to obtain permission or a search warrant before searching a property
- searching an area that is not covered by a valid search warrant
- failure to issue Miranda warnings
- using coercive tactics during interrogations and interviews
You may not be aware of errors that occurred during the investigative phase of your case. Your Hialeah defense lawyer can review your case and determine whether law enforcement made any missteps that unfairly affected your case outcome.
FILING A FEDERAL APPEAL BASED ON EVIDENTIARY ERRORS
There are certain types of evidence a trial court cannot legally admit into the official record to be used against the defendant. In addition to evidence that is obtained by law enforcement through illegal practices, certain witness statements are inadmissible at trial. Some examples of reasons an attorney may request to have a statement stricken from the record include:
- the statement is speculative and is not based on a known fact
- the statement is hearsay and did not come from a first-hand source
- the statement is prejudicial and would unfairly influence the jury
- the statement is irrelevant to the subject matter of the case
Ideally, a federal defense attorney would raise an objection to problematic evidence, and the judge would rule in the attorney’s favor. However, sometimes, attorneys do not always object when they should, or a judge may make an error in allowing inadmissible evidence into the record. Your federal defense attorney can file a federal appeal to challenge the admissibility of evidence the prosecution used to convict you.
JURY ERRORS IN FEDERAL CASES
The jury is one of the most critical components in a criminal trial. There are several points at which an error may affect the jury and ultimately influence the case outcome. Some examples of jury errors include:
- confusing jury instructions
- erroneous jury instructions
- jury tampering
- biased jury
If a jury error may have affected the outcome of your case, our Hialeah federal appeals lawyer can conduct a review to determine where the error may have occurred. Defendants who have been convicted in federal court based on an error the jury made can potentially have their conviction overturned if their attorney can prove the error took place.
SENTENCING ERRORS
In some cases, a convicted defendant may have been sentenced inappropriately or altogether incorrectly. A Florida defense attorney can appeal a convicted defendant’s sentence in any case. However, defense lawyers are even more likely to file a federal appeal based on a sentencing error in cases that involve:
- a defendant who is a minor
- a defendant who is legally insane
- excessive fines
- capital punishment
- sentencing that is disproportionate to the offense for which the defendant was convicted
Hialeah defense lawyer who handles federal appeals
Don’t leave your federal appeal in the hands of an attorney who does not have a proven track record in federal appellate cases. Contact Joffe Law to learn more about the federal appellate process and other post-conviction relief options. If you require legal assistance, a member of our team will review your case.