Federal Appeals Lawyer in Hollywood

In the appellate briefs, the defense and the prosecution each present their case. Your Hollywood federal appeals lawyer will identify the strongest arguments in your case and draft your appellate brief based on those issues. Most federal appellate cases are decided based on the trial court transcript and the appellate briefs. If circuit court judges have questions about the case, the court will request the attorneys to appear before the court and present their cases during oral arguments.

Appellate court oral arguments are not mandatory, and they only occur if the court schedules them. During oral arguments each attorney receives a limited allotment of time to present his or her case. While the attorney is presenting, the appellate court judges may interrupt the presentation and ask questions Q&A-style. For any attorney, oral arguments at the federal appellate level can be intimidating. When choosing a Hollywood FL federal appeals attorney, you should choose a lawyer who has very strong written and verbal communication skills.

After oral arguments, the attorneys return to their home locations, and the court will later publish a decision. From the initial filing of the Notice of Appeal to the publication of an opinion by the appellate court, the federal appeals process can take several months to more than one year.

Federal appellate courts vs. federal trial courts

Most people have either seen or heard about how a trial court works. The trial process is taught and simulated in school, portrayed in television shows and movies, and even written about in popular suspense novels. Far fewer people are familiar with the form and function of appellate courts.

Trial courts are tasked with engaging in a process that is known as fact-finding. Through fact-finding, a criminal court hears arguments from the defense and the prosecution to determine what happened in a case. To establish their arguments, both sides present evidence, which may include physical evidence and witness testimony. In jury trials, a jury deliberates and collectively votes to convict or acquit the defendant.

In contrast to trial courts, appellate courts do not engage in fact-finding. Instead, appellate courts are limited to reviewing the facts of a case to determine whether the trial court made a legal error. Therefore, the appellate court reviews transcripts from the trial proceedings and accepts the trial court’s substantive findings as fact. The defense and prosecution generally do not appear before the appellate court to make opening and closing arguments, and they do not call witnesses or enter new evidence. Though a defendant may file an appeal based on the availability of new or overlooked evidence that would benefit the defendant’s case, the appellate court will determine whether the defendant should receive a new trial, at which the trial court will be instructed to consider the evidence as part of the fact-finding process.

A federal appeals defense attorney who thoroughly understands the potential legal errors that may arise during a federal criminal case is better equipped to write a strong appellate brief on your behalf. Contact a Hollywood federal appeals lawyer to learn more about legal errors that may be the grounds on which a defendant files a federal appeal.

Appellate courts also differ from trial courts in form. During a trial, one judge presides over the proceedings. Depending on whether the defendant’s attorney requests a jury trial or a bench trial, the judge or a jury will decide the case outcome. In federal appellate cases, three judges collectively preside over the proceedings and decide the case. In addition to publishing a decision on the case, each judge on the panel may also publish a written opinion to explain his or her vote in the case decision. Appellate judge opinions have legal authority and may be cited by lawyers and judges in future cases that include similar legal issues.

Filing a federal appeal based on investigative errors

Law enforcement agencies are required to follow a complex set of rules when interacting with people in relation to a criminal investigation. Failure to follow the laws that are designed to protect people may damage any potential case the federal government may have against a possible culprit. Some common rules law enforcement agencies violate during the investigative phase of a criminal case include:

• failure to obtain a valid search warrant proper authorization before searching or entering a property
• searching or entering an area that is not covered by a valid search warrant
• using illegal interrogation tactics
• forcing or coercing someone to confess to a crime
• failure to advise the person of the Miranda warnings

An error during a federal investigation may be grounds for an appeal if the investigation leads to your arrest and erroneous conviction. A Hollywood federal appeals attorney can review your case and determine whether an investigative error may have resulted in you being convicted.

Errors that affect criminal evidence in a federal case

Evidence is an important part of a criminal case for both sides. However, there are certain rules that govern whether evidence is admissible. Inadmissible evidence cannot be entered into the record and used to convict the defendant. If one side plans to introduce evidence that the opposing side believes is inadmissible, the opposing lawyer will typically raise an objection or file a motion to suppress the evidence. Sometimes, an attorney may fail to raise a timely objection or file the appropriate motion. In other cases, a judge may refuse to rule in favor of the objection or grant the motion even though the evidence is truly inadmissible. In either case, your Hollywood FL federal appeals lawyer may be able to file an appeal based on the inadmissibility of the evidence the jury relied upon to convict you. Some reasons evidence may be inadmissible may include:

• evidence tampering
• mishandling of physical evidence
• illegally obtained evidence
• contaminated evidence
• inadmissible witness statements

Jury errors as grounds for a federal appeal

Juries are typically composed of average people who do not have a background in the legal field. To help jurors apply the correct laws in deciding the verdict in a case, judges give instructions to the jury. Any error that occurs with the jury or the jury instructions can directly affect the defendant’s case outcome. Some common jury errors are:

• confusing jury instructions
• incorrect jury instructions
• biased jury
• jury tampering

Some jury errors can be so subtle that only an experienced federal defense attorney would perceive the problem. Contact a Hollywood FL federal appeals lawyer to request a case review. If a jury error may have contributed to your wrongful conviction, your federal defense lawyer may file an appeal based on the error.

Sentencing errors in federal criminal cases

Federal appeals are not limited to challenging errors that occur prior to the conviction. Appeals may also be based on errors that occur during the sentencing phase. A criminal defense lawyer can challenge sentencing in any case. Nevertheless, there are certain cases in which defense attorneys are even more likely to challenge the sentencing by filing an appeal. Defense lawyers are more likely to appeal a defendant’s sentence 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

The Eighth Amendment prohibits courts from imposing cruel or unusual punishment. Even if a defendant actually committed a crime, the defendant is still entitled to be sentenced appropriately and in proportion to the offense.

Hollywood FL federal defense attorney for federal appeals

If you are looking to file an appeal in your federal criminal case, you need an attorney who can successfully navigate the federal appellate court system on your behalf. Our Hollywood FL federal appeals attorney has a proven track record in federal cases. We represent people across South Florida in federal criminal cases. Whether your case involves a federal drug charge, a white collar offense, a violent crime, or child pornography, it is best to have a Hollywood federal appeals lawyer on the case. Contact the professional team at Joffe Law to learn more about the types of federal cases we handle or to receive a case review.