Federal Appeals Lawyer Fontainebleau
Proudly defending state & federal charges for 35+ years
A federal conviction does not have to be the end of a defendant’s fight for justice. Conviction by a federal trial court automatically launches the defendant’s right to appeal rulings that were previously made during the trial proceedings. The federal appeals process is best handled by an attorney who has a proven track record in appellate cases. David Joffe has more than 35 years of experience helping people file federal appeals after being convicted for a crime. The talented team at Joffe Law thoroughly understands federal courts and the appeals process. When we’re representing you, we will file every document on time and handle your case with the utmost professionalism.
How federal appellate courts are structured
Knowing how federal courts are structured is critical to understanding the federal appeals process. There are three levels of federal courts: federal district courts–also known as federal trial courts–and two tiers of federal appellate courts. Convicted defendants file their initial appeal with the second level in the federal court system, which is the circuit court level. Circuit courts review decisions made by trial courts. Parties that do not win their case at the circuit court level may file a writ of certiorari and request their case to be reviewed by the highest-ranking federal court, which is the U.S. Supreme Court.
Appealing the trial court’s decision to a circuit court
There are currently 13 circuits in the United States. Most circuits correspond to a geographical region and consist of a few states or U.S. territories. There is one circuit courthouse per circuit. Florida, Georgia, and Alabama are the three states that make up the 11th Circuit. Fontainebleau defendants who want to appeal a conviction must do so by filing with the 11th Circuit Court of Appeals, which is located in Atlanta.
Circuit courts vs. trial courts
Most people are able to witness how trial courts work by observing or participating in a trial or watching a court scene on television or in a movie. However, fewer people know how federal appellate courts work.
Where trial court proceedings are presided over by one judge, circuit court cases are decided by a three-judge panel. Trial courts are intended to go about the task of fact-finding or determining what actually happened in a case. For this reason, when a case goes to trial, each side is allowed to introduce evidence, examine their own and each other’s witnesses, and raise objections to evidence that should potentially not be considered by the judge and the jury. Both sides also present opening and closing arguments to outline their respective cases and to summarize their arguments for the court. After closing arguments, the jury deliberates privately, votes on a verdict of “guilty” or “not guilty,” and returns to announce the verdict.
Circuit courts have an entirely different purpose and procedure. Appellate courts are limited to reviewing the trial court proceedings to determine whether the trial court made a legal error. Therefore, the appellate process is more technical. Defendants who appeal a federal conviction do not make an appearance at the appellate court. In most cases, the attorneys do not appear before the appellate court. However, if the panel of judges has questions about the case, the court will schedule oral arguments and request the defense attorney and the federal prosecutor to make an appearance and present their respective side’s case.
Because appellate courts are not tasked with the process of fact-finding, the appeals court proceeds as if the trial court’s substantive findings are factual. During appellate proceedings, the two sides do not introduce evidence or call witnesses. The defense may request a new trial based on new evidence that has become available. If new evidence that is in the defendant’s favor is available, the appellate court may send the case back to the trial court and order a new trial based on the availability of the new evidence. The defense has the responsibility of providing transcripts of the trial court proceedings to the appellate court. Both sides determine which portions of the transcript will be included as the official record for the appellate court to review.
There is no jury present during appellate proceedings. Instead of jury deliberations, the panel of judges votes and announces its collective decision on the case in writing.
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The federal appeals process
The first step in the federal appeals process is to file a Notice of Appeal with the appropriate circuit court. Although legal errors may occur at any point during a federal criminal trial or even before, defendants must wait until after the error results in a wrongful conviction to file an appeal. Defendants who want to appeal an error the trial court made must file the Notice of Appeal within 14 days of the date the trial court convicted the defendant. Filing a Notice of Appeal outside of the 14-day window may result in the defendant losing his or her right to file a direct appeal. If more than 14 days have elapsed since you were convicted by a federal trial court, other legal options may be available. Contact us to learn whether there may be other options for post-conviction relief that are available in your case.
When the appellate court receives the Notice of Appeal from the defense, the court will schedule a date by which each side must file its appellate brief. Apart from the timely filing of the Notice of Appeal, the appellate brief is arguably the most important filing for the defendant–also referred to as the “appellant–” in a federal appeals case. In most cases, circuit courts make their decisions based on the appellate briefs and the trial court record. Therefore, when choosing a Fontainebleau defense lawyer to file your federal appeal, it is important to choose an attorney who has strong persuasive writing capabilities.
In a small percentage of cases, circuit court judges request the attorneys to appear before the court to deliver oral arguments. Each attorney is allotted a limited amount of time to present their arguments. During the oral arguments, the judges may ask questions Q&A-style. After the attorneys present their oral arguments, they return to their home locations and await a decision from the court.
The time constraints, interruptions, and rarity of appearing before an appellate panel can make oral arguments a daunting experience for some attorneys. Having an attorney who has strong writing abilities and excellent presentation skills increases the likelihood of a defendant beating the odds and winning a federal appeal. David Joffe and his team remain prepared to rise to the occasion when it comes to advocating for clients in trial court and at the federal appellate court level.
After the court reviews the trial court transcripts and appellate briefs, and if requested, hears the oral arguments, the circuit court panel may take several weeks or even months to decide the case. Eventually, the judges will vote and issue a collective decision. From start to finish, the process of filing a Notice of Appeal and receiving a decision from a federal circuit court can take months or more than one year.
Potential outcomes of a federal appeals case
Unlike federal trials, appellate cases are not resolved with a decision of “guilty” or “not guilty.” Instead, the appellate court decides whether it will over urn or uphold the trial court’s decision. An appellate court may decide to:
- affirm
- reverse
- remand
If the appellate court agrees with the trial court’s decision, the appellate court will vote to “affirm.” If the appellate court overturns the trial court’s decision, the appellate court votes to “reverse” the previous court’s finding. When an appellate court reverses a trial court’s decision, it may also “remand” the case to the trial court and include instructions on how to remedy the error the trial court made.
Grounds for filing a federal appeal
A federal appeal is not the equivalent of the defendant receiving a new trial. Successful appeals are based on the argument that the trial court made a legal error. Some of the common issues defense attorneys argue in federal appellate briefs include:
- problems with the investigation
- problems with the evidence
- problems with the jury
Experienced federal defense attorneys evaluate your case and choose the strongest issues in your case to argue on appeal. The more knowledge of case law, criminal procedure, and the relevant statutes your attorney has, the more likely you are to be successful in appellate court. Our Fontainebleau federal appeals lawyer has the knowledge and expertise to write a strong appellate brief on your behalf. We will advise you of the most viable arguments in your case.
INVESTIGATIVE ISSUES IN FEDERAL CASES
When gathering evidence in a criminal investigation, law enforcement agencies are required to follow certain rules. The prosecution generally cannot use evidence the police obtained illegally against the defendant if the case goes to trial. If the prosecution attempts to introduce illegal evidence, the defendant’s attorney will typically object to the evidence being entered into the record for consideration by the jury. Sometimes, a defense attorney may not raise an objection, or the court may erroneously allow the evidence to be entered into the record. Examples of illegal investigative practices include:
- statements that are hearsay and do not come from a primary source
- statements that are irrelevant to the subject matter of the trial
- statements that are unfairly prejudiced
- statements that are speculative
Defendants who do not have an extensive background in law require the help of an attorney who understands the rules of evidence. A trained federal defense lawyer can identify statements that may not seem out of the ordinary to the average person but are inadmissible at trial.
JURY PROBLEMS
Juries are composed of people who generally have no legal training or experience. However, jurors are assigned the important task of applying the applicable law to a defendant’s case and deciding the outcome. Judges give instructions to juries to help the juries apply the correct laws to cases. Any error that occurs with the jury can directly affect the defendant’s case outcome. Some common jury errors are:
- instructions that are vague or too complex
- incorrect instructions
- jury tampering
- jury bias
The jury is a complex part of a criminal trial. Most jury errors are mistakes the average person would not immediately recognize unless he or she has a background in the legal industry. A seasoned Fontainebleau federal defense attorney can review your case and determine whether a jury error may have occurred when your case went to trial. If a jury error may have affected your case, your attorney can file an appeal based on the jury error.
Fontainebleau defense attorney for federal appeals
Filing a federal appeal is a lengthy process that requires highly effective legal counsel. Contact Joffe Law to inquire about the federal appeals process and other options for post-conviction relief. A member of our team will evaluate your case. Next, our Florida federal appeals lawyer will follow up with you to discuss the potential strengths of your case before determining the best way to pursue post-conviction options.