Federal Appellate Lawyer Pinecrest
We can defend you in state or federal court
A federal conviction may seem like a dire ending to the criminal process. Fortunately, for defendants who are seeking a more favorable outcome at the end of a criminal trial, a conviction marks the beginning of a new chance at justice. David Joffe is South Florida’s premier federal appeals defense attorney. If you or someone you know is seeking help with appealing a federal criminal conviction in Pinecrest, Joffe Law is here to help.
Taking your case to the federal appellate level
Federal criminal cases are adjudicated in district courts. When a district court trial results in a conviction, the defendant may file an appeal with the respective federal appellate court. From the federal district court, a convicted defendant may appeal to the federal circuit court. There are currently 13 federal circuit courts in the United States. Each circuit court corresponds to a geographical region that usually consists of neighboring states or U.S. territories.
Florida, Georgia, and Alabama make up the 13th Circuit. When a convicted defendant wants to appeal a decision made by the trial court, the appeal will be filed with the 13th Circuit Court of Appeals, located in Atlanta. Although there is only one circuit court per region, the defendants are never required to make an appearance before the court. Therefore, the court’s location typically does not present an issue for defendants.
Most appellate decisions are made without the attorneys appearing before the court. If the appellate judges have questions, they will schedule a time for the attorneys to report to the court and make oral arguments. Because appellate decisions are generally based on written briefs and the trial court record, defendants should choose to work with a very experienced federal appellate court attorney when appealing a conviction or sentence.
Filing a federal appeal
A defendant’s right to file an appeal begins when a trial court convicts the defendant. Errors may occur prior to the conviction, but the defendant must wait until the jury returns a guilty verdict before filing an appeal.
The first step in the federal criminal appeals process is to file a Notice of Appeal. Defendants who want to file an appeal must do so within 14 days of the date of conviction. Failure to file within 14 days may result in the defendant losing his or her right to file a direct appeal. After the appellate court receives the Notice of Appeal, the court creates a schedule and notifies the attorneys of the date by which they must file their appellate briefs.
Appellate court proceedings
When a case goes before a federal appellate court, the procedure is completely different from the manner in which a trial court operates. Most people imagine lawyers giving direct arguments and dramatically calling and questioning witnesses when they think of court.
Unlike trial courts, federal circuit courts feature a panel of three judges that preside over the review process. The appellate panel reviews the trial court transcripts to determine whether the trial court made a legal error. It is the defense’s responsibility to obtain transcriptions of the trial court proceedings to provide the record for appellate review. The defense and the prosecution both determine exactly what should be included in the record for the appellate court.
Federal appellate courts decide most cases by reviewing the trial court record and reading the attorneys’ appellate briefs. However, the appellate court may call the attorneys in to appear before the court to present oral arguments. Federal appellate arguments consist of each side receiving a limited amount of time to speak. During each attorney’s presentation, the panel of judges will ask questions in a Q&A format. Receiving a request for oral arguments does not automatically indicate that the trial court will overturn the trial court’s decision. However, in the cases in which federal courts do overturn a conviction, the appellate court will generally always schedule oral arguments.
Federal appellate circuit court decisions can be appealed to the U.S. Supreme Court. However, the side that chooses to file an appeal must first request a writ of certiorari from the Supreme Court. Each year, the Supreme Court grants only a small percentage of the applications for certiorari it receives.
Do not say anything that might incriminate you. Speak with an attorney first.
Grounds for a federal appeal
Appellate courts are limited to reviewing the defendant’s case for trial errors. Judges on the appellate panel must leave fact-finding to the trial court. Therefore, neither side may introduce new evidence at the appellate stage. Pinecrest federal defense lawyers who are successful at filing appeals focus on the strongest arguments that are most likely to provide grounds for the appellate court to overturn the trial court’s decision. Some of the most common issues defense attorneys argue in federal criminal appeals are:
- procedural violations
- erroneous jury instructions
- evidentiary problems
- wrongful conviction
- excessive sentence
Instead of proving innocence or guilt, the focus of your appeal will most likely be a very technical legal matter. We recommend hiring a seasoned federal appeals attorney who understands the courts, judges, and relevant federal case law to give you the best opportunity to win.
PROCEDURAL VIOLATIONS
The Federal Rule of Criminal Procedure is the set of guidelines lawyers, judges, and court officers are required to follow throughout the federal criminal process. Any material violation of one of the rules may directly affect the outcome in the defendant’s case. The average layman has not spent years learning all the formalities of criminal procedure. Therefore, only an experienced Florida defense attorney who specializes in federal criminal cases is best suited to file an appeal on a defendant’s behalf. David Joffe has more than 30 years of experience defending people who have been accused of federal offenses. We will put our expertise to work for you when we file your federal appeal in Pinecrest FL.
FILING A FEDERAL APPEAL BASED ON ERRONEOUS JURY INSTRUCTIONS
In every federal criminal case, the judge gives the jury instructions to help the jury arrive at a verdict. Unfortunately, jury instructions are sometimes biased, ambiguous, or too long and complex for the average jury member to understand what to do. Problems with jury instructions substantially increase the risk of wrongful conviction. Some common jury instruction errors are:
- incorrect statements of law
- misinterpretation of evidence
- omission of important instructions
- bias
- ambiguity
Your Pinecrest federal appeals lawyer will know if there is a problem with the jury instructions in your case. If your attorney can effectively prove the error to the appellate court, you may receive a new trial, or the trial court’s verdict against you may be overturned entirely. Always consult with a reputable Florida defense lawyer before filing an appeal.
APPEALS BASED ON PROBLEMS WITH EVIDENCE
Law enforcement officers must carefully follow the rules when obtaining evidence. Similarly, trial courts may only allow prosecutors to introduce evidence that complies with certain rules. Examples of reasons a court may disallow evidence include:
- the evidence is hearsay instead of a direct statement from a primary source
- the evidence is irrelevant to the trial
- the evidence violates the defendant’s constitutional rights
- the evidence is false or misleading
Defense attorneys may object to the court allowing the prosecution to introduce evidence that should not be considered by the jury. However, judges may overrule the defense attorney’s objection and erroneously allow evidence that should not be admitted. If the error results in the jury convicting the defendant, the defense may file an appeal based on the erroneous admission of the evidence.
APPEALING A WRONGFUL CONVICTION
There are several errors at trial that may lead to a trial court wrongfully convicting a defendant. Forensic errors may cause evidence to be unreliable. An eyewitness may misidentify the defendant as the culprit. A witness may give a false statement. Because direct appeals must be filed within 14 days of the conviction, filing an appeal is not always the most effective way to challenge a wrongful conviction. In many cases, the defense receives new information to challenge the wrongful conviction long after the jury returns a guilty verdict. However, if the defense has the evidence it needs readily available, a defense attorney may immediately appeal the conviction.
EXCESSIVE SENTENCE
The phrase “cruel and unusual punishment” comes from the Eighth Amendment of the Constitution. Courts cannot impose a sentence that exceeds the severity of the crime for which the defendant is convicted. Federal defense attorneys most often appeal the severity of a sentence when:
- the defendant is a minor
- the defendant has been declared legally insane
- the case involves excessive fines
- the case involves a capital offense
- the sentence exceeds the maximum allowed penalty for the offense
Florida’s sentencing in certain types of cases has repeatedly come under scrutiny. In 2016, the state legislature passed a law that removed the 10-20-Life law that formerly required courts to sentence convicted defendants in cases that involve firearms to 10 years, 20 years, 25 years, or life in prison. Today, judges may use more discretion in firearms cases. However, felony drug cases still carry mandatory minimum sentencing. Many argue mandatory minimum sentences are similarly unfair to defendants because mandatory minimums take away the sentencing judge’s ability to use discretion
Federal appeals attorney in Pinecrest
The federal appeals process calls for an experienced attorney who can write persuasively and rise to the occasion when requested to speak before a federal appellate court. David Joffe’s track record speaks for itself. Our seasoned Pinecrest federal appeals lawyer is qualified to take your case to the next level and fight for justice even if you have already been convicted.
Contact Joffe Law today to learn more about the federal appeals process and post-conviction relief options. A member of our team will provide a case evaluation.
Frequently Asked Questions
Can I hire a new attorney to help with filing an appeal if I worked with someone else at trial?
Yes! Not only can you choose to work with a different lawyer, but ineffective counsel may be grounds for appealing your case. We will evaluate the facts of your case to determine the strongest issues that may be the best arguments for your appeal.
Can state criminal cases be appealed to a federal court?
The state and federal court systems operate separately. Each state has its own hierarchy of trial and appellate courts that generally mirror the federal court system. However, parties may appeal decisions made by their state supreme court to the U.S. Supreme Court. Like the parties in federal appellate cases, parties in state criminal cases that wish to appeal to the Supreme Court must first request a writ of certiorari.
Is an appeal the same as a new trial?
No. The appellate process allows a panel of judges to review what took place during the trial. The appellate court is required to take the trial court’s substantive findings as fact. Therefore, the appellate process does not involve the introduction of evidence or witness testimony. The defense attorney’s objective is to prove the trial court’s guilty verdict was incorrect based on a legal error the trial court made.
Do appellate courts determine whether the defendant is innocent or guilty?
Unlike trial courts, appellate courts do not deliver verdicts of innocence or guilt. In fact, they are not permitted to decide substantive issues. Appellate courts review the trial court’s findings to determine if the trial court made a legal error during the prior proceedings. If the appellate court finds a material error, it may issue a decision to reverse the trial court’s findings. In cases in which the reversal calls for a new trial, the appellate court will also remand the proceedings back to the trial court with instructions. If the appellate court decides to uphold the trial court’s decision, the appellate court will issue a decision that affirms the trial court’s ruling.
How long does the federal appeals process take?
Because federal circuit courts hear appeals from multiple states within the geographical region, the appeals process can take several months to more than one year from filing the first notice to receiving a decision. We are committed to protecting our clients’ best interests throughout the lengthy process.