Florida Federal Defense Federal Defense Attorney Hammocks Hammocks Federal Appeals Lawyer

Hammocks Federal Appeals Attorney

Experienced criminal attorney with 35+ years of experience

The fight for justice doesn’t have to end with a criminal conviction. Defendants who are convicted of a federal crime have the right to file a federal appeal. Although the federal appeals process does not automatically grant the convicted defendant a new trial, the process should not be taken lightly. Only a small percentage of federal appeals are decided in favor of the defendant. Choosing a federal appeals defense lawyer who thoroughly understands the federal appeals process and has a proven track record in federal appellate cases can shift the odds in your favor. Joffe Law is a leading federal defense law firm that handles criminal cases in The Hammocks FL. We represent defendants at all steps in the federal criminal process, and we can help with filing a federal appeal.

Federal appellate courts

Before discussing the federal appellate process, it is important to understand how federal appeals courts are structured. After a defendant has been identified and charged, a federal criminal case proceeds to a federal district court, which is also known as a trial court. Most people are familiar with how trials work in the U.S. The defense and the prosecution are opposing sides. Attorneys from both sides present their version of the events in the case through opening and closing arguments, calling witnesses, and presenting other evidence to support their respective cases. Most federal cases are jury trials. The jury listens to the trial proceedings, and, after closing arguments, deliberates and votes on a verdict. If the jury returns with a guilty verdict, the defendant’s right to file an appeal is automatically triggered. Defendants who want to appeal a federal conviction must file with a federal circuit court.

FEDERAL CIRCUIT COURTS

Federal circuit courts are on the first level of the two-tier federal appellate court system. Currently, there are 13 federal circuit courts in the U.S. With exception of one federal circuit that handles cases that have national jurisdiction, each circuit corresponds to a geographical region and consists of a few states that generally neighbor each other. The U.S. territories are also represented within the geographical circuits. There is one federal circuit courthouse per circuit. Florida is located in the 11th Circuit. Convicted Florida defendants who want to file a criminal appeal must file with the 11th Circuit Court of Appeals, which is located in Atlanta.

U.S. SUPREME COURT

The Supreme Court is the only court in the second and highest tier. Parties that lose their case at the circuit court level may file a petition to request permission for their case to be reviewed by the Supreme Court. Although the federal and state court systems are mostly parallel, but separate, defendants who lose their case at the highest level in the state court system may file a petition to have their case reviewed by the U.S. Supreme Court.

Federal appellate courts vs. federal trial courts

Appellate courts and trial courts differ in both form and function. Trial courts are responsible for engaging in the fact-finding process to discover what actually happened in a case and whether the defendant is guilty or not guilty. Appellate courts have the responsibility of reviewing trial court cases to determine if the trial court committed an error that negatively affected the defendant’s case outcome. Instead of presenting evidence and examining witnesses, the defense attorney gathers the trial court transcripts to be submitted as the official record for the appellate court to review. Both the prosecution and the defense determine which parts of the trial court transcripts become a part of the official record in the appellate case. Appellate courts take the trial court’s substantive findings as fact and are limited to reviewing the trial court transcripts and the attorneys’ appellate briefs to determine whether a legal error occurred.

Trial courts and appellate courts differ in the number of judges each court has. A single judge presides over federal trial proceedings. However, a panel of three judges presides over federal circuit court cases. Instead of the case being voted on by a jury, the three appellate judges review the case and vote to determine how the court will decide the case. Appellate court judges may also write opinions that explain how they arrived at their vote in the case decision. The judges’ opinions have legal authority, and they may be cited by lawyers and judges in future cases that have the same subject matter.

The federal appeals process

The first step toward filing a federal appeal is to file a Notice of Appeal with the appropriate federal circuit court. When the circuit court receives the Notice of Appeal, the court sets a deadline by which the defense and prosecution must submit their appellate briefs with the circuit court. In most cases, federal circuit courts decide the cases that come before them based on the appellate briefs and the trial proceeding transcripts. However, if the panel of judges have questions, they will schedule oral arguments and request an attorney from each side to appear before the court and present their respective arguments. Each attorney must present his or her case within a limited time allotment. During the presentation, the appellate judges may interrupt the presenting attorney to ask questions Q&A-style.

After making his or her argument, the attorney returns to his or her home location and waits for the court to publish its decision on the case. From start to finish, the federal appeals process can take from several months to longer than one year.

The oral arguments process can be intimidating, even for very experienced attorneys. David Joffe is always prepared to advocate for his clients whether in writing or in oral arguments on appeal.

Just Arrested in Hammocks?

Do not say anything that might incriminate you. Speak with an attorney first.

Potential outcomes of a federal appellate case

Federal appellate courts do not directly decide whether a defendant is guilty or not guilty. Instead, they determine whether the previous court’s decision should be upheld or overturned. Therefore, a federal circuit court may decide to:

affirm the previous court’s decision if the appellate court found no legal error that affected the defendant’s case outcome
reverse the previous court’s decision if the appellate court found a legal error that affected the defendant’s case outcome
remand the case back to the trial court with instructions to give the defendant a new trial and fix the legal error

Sometimes a reversal may result in the conviction being immediately overturned. In other cases, the circuit court will reverse the trial court’s decision and order a new trial for the defendant.

Grounds for reversal on appeal

Successful federal appeals are based on the argument that a technical error negatively impacted the outcome of the defendant’s case. Your Florida federal appeals attorney will choose the strongest issues in your case and use them as the basis for wringing your appellate brief. Some common legal issues that lead to reversal in federal criminal appellate cases are:

investigative issues
evidentiary issues
jury-related issues
sentencing issues

Consulting a federal defense attorney is the best way to determine whether there were issues in your case that may be grounds for a strong federal appeal. Contact us to learn more.

INVESTIGATIVE ISSUES IN FEDERAL APPELLATE CASES IN FLORIDA

From the beginning of a criminal investigation, law enforcement agencies are required to strictly follow the laws that protect people and their property during police interactions. Failure to follow the law may result in evidence the police obtains against a defendant being suppressed if the individual’s case goes on trial. Examples of evidentiary errors include:

not obtaining permission from the correct party or a search warrant before searching a property
searching an area that is not specified on a search warrant
using illegal interrogation tactics
failure to issue Miranda warnings

Contact a Florida federal defense lawyer if you believe your rights may have been violated during a federal criminal investigation in the Hammocks. Your attorney may be able to file a federal appeal to have your case reviewed.

EVIDENCE ERRORS DURING FEDERAL CRIMINAL CASES

There are two types of evidence in a criminal case: testimonial evidence and physical evidence. Testimonial evidence is provided through a statement made under oath, whether the statement is made in writing or through a witness testifying in court. Physical evidence, or real evidence, is any tangible evidence law enforcement gathers to support a case. There are certain types of testimonial evidence that are inadmissible at trial. Common reasons a statement may be inadmissible include:

the statement is speculative and is not a proven fact.
the statement is prejudicial and would unfairly influence the jury.
the statement is hearsay and does not come from a primary source.
the statement is irrelevant to the subject matter of the case.

In addition to investigative issues, there are other problems that may affect the integrity of physical evidence. For example, evidence that is mishandled, improperly processed, or contaminated is less likely to be reliable as proof of the defendant’s culpability.

JURY ISSUES IN FEDERAL CRIMINAL CASES

The jury is one of the most important components in a criminal trial. The people who serve on juries are everyday people, most of whom do not have a professional or educational background in law. Nevertheless, juries are tasked with correctly applying the relevant law to determine whether the defendant is culpable. To bridge the gap in knowledge of the law, judges give instructions to juries. Any error that affects the jury or the jury instructions can directly have a negative impact on the outcome of the defendant’s case. Some examples of jury errors are:

incorrect jury instructions
confusing jury instructions
biased jury
jury tampering

Jury errors are often subtle to people who do not have a background in law. Having a seasoned Florida federal defense lawyer on your case from the beginning affords your attorney the opportunity to object to jury errors in real-time. However, if your attorney did not raise timely objections or if the court allowed a jury error to occur, your new federal appeals defense lawyer may challenge the validity of your conviction by filing an appeal based on the jury error.

SENTENCING ERRORS DURING FEDERAL CRIMINAL TRIALS

The Eighth Amendment prohibits sentencing judges from subjecting defendants to cruel and unusual punishment. Therefore, even if you are convicted for a crime you actually committed, you are still entitled to a penalty that is reasonable, proportionate, and legally correct according to the sentencing guidelines for the offense. A defense attorney may challenge sentencing in any case. However, defense attorneys are even more likely to challenge the sentence in cases that involve:

a defendant who is a minor
a defendant who is legally insane
a capital offense
an excessive fine

Certain federal offenses like drug crimes, child pornography cases, sex crimes, and other violent offenses have mandatory minimum sentences. Mandatory minimum sentencing guidelines require judges to automatically sentence convicted defendants to a specified minimum amount of time in prison. Under very specific circumstances, a judge may be able to deviate from mandatory minimum sentencing guidelines for the offense. A Florida federal appeal attorney can evaluate your case and determine whether you were unfairly subjected to mandatory minimum sentencing. If you were improperly sentenced in your case, your attorney may be able to file a federal appeal to have the sentence modified.

Lawyer for filing a federal appeal in The Hammocks

Although all attorneys go through intensive educational and licensing requirements to become lawyers, not all attorneys are equal. Each lawyer has his or her own set of strengths. When challenging a federal conviction, you need a federal defense lawyer who has established his or her capability in winning federal cases on appeal. We invite you to learn more about our defense attorney’s proven track record in federal appeals cases in The Hammocks. Contact the talented team at Joffe Law to inquire about the types of cases we handle or to receive a case evaluation.