Federal Defense Attorney Lighthouse Point Federal Crime Lawyer Federal Appeals Attorney Lighthouse Point

Lighthouse Point Federal Defense Attorney

Experienced representation against tough criminal charges

A conviction in criminal court does not end the fight for justice if you are a defendant in a federal criminal matter. After a trial court convicts a defendant, the defendant’s right to file an appeal automatically begins. However, the window within which a defendant may file a direct appeal is very limited. If you are a defendant in a federal criminal case and you want to file a federal appeal, the law requires you to move quickly. Working with an experienced Lighthouse Point federal appeals lawyer substantially increases the likelihood of winning your appeal. David Joffe has a proven track record as a winning federal appeals lawyer in Lighthouse Point and throughout South Florida.

The federal appellate court system

The federal court system has two tiers of appellate courts. The first tier ranks immediately above the federal trial court level. Defendants who are convicted by a federal trial court may file an appeal with the respective federal circuit court. Currently, there are 13 circuits. Each circuit corresponds to a geographical region and has one appellate court. Florida is located in the 11th Circuit along with Georgia and Alabama. The 11th Circuit Court of Appeals is located in Atlanta. Therefore, defendants who are convicted by a federal trial court in Florida must file their appeal with the 11th Circuit Court of Appeals if they wish to challenge the trial court’s ruling.

The second and highest tier of federal appellate courts consists solely of the U.S. Supreme Court. A party that loses its case at the circuit court level may appeal the circuit court’s decision to the Supreme Court. Parties who would like to appeal a decision by the highest-ranking state court may also request a case review by the Supreme Court. Appealing to the Supreme Court first requires the petitioner to file a writ of certiorari to make a request for the Supreme Court to review the case. Every year, the Supreme Court grants cert to only a small percentage of the cases for which it receives petitions.

Filing a federal appeal

For defendants who want to appeal a federal trial court’s ruling against them, the first step is to file a Notice of Appeal with the correct federal circuit court. The notice of Appeal Must be filed within 14 days of the date the trial court convicted the defendant. If the defendant does not file the Notice of Appeal within 14 days, the defendant may forfeit his or her right to file a direct appeal. If the 14-day window has passed, there may be other options for the defendant to receive post-conviction relief. When the circuit court receives the defendant’s Notice of Appeal, the court will notify the attorneys for each side of the date by which each side must file an appellate brief. The right to appeal a trial court’s decision only extends to criminal defendants. If a trial court acquits a defendant on a criminal charge, the federal government may not appeal the acquittal.

If the appellate court does not have questions or otherwise see a reason to schedule oral arguments, the court will review the case and make a decision based on the trial court transcript and the appellate briefs. If the judges on the appellate panel have questions, the court will schedule oral arguments and request each attorney to come in and present his or her case before the court. After the oral arguments, the court may take a few weeks or longer to deliver a decision on the case. Nothing about the federal appellate process is immediate. Our Florida federal appeals defense lawyer will patiently fight for your justice.

Federal circuit courts vs. federal trial courts

Most people have an idea of how trial courts work. The accused party is the defendant, and the attorney who represents the federal government is the prosecutor. Each side gives oral arguments, introduces evidence, and may call and cross-examine witnesses. A jury observes the trial. After both sides deliver closing arguments, the judge instructs the jury, and the jury deliberates. The jury returns from deliberating and announces the verdict.

Federal appellate courts are completely different. Trial courts consider the arguments and evidence presented by both sides to determine exactly what happened in a case. Appellate courts do not engage in fact-finding. Therefore, the two sides do not call witnesses and introduce evidence when a case goes up on appeal. Instead of going about the task of fact-finding, appellate courts review the proceedings of lower courts to determine whether the previous court made a material legal error that affected the defendant.

Unlike trial courts, which only have one judge who presides over the trial, federal circuit courts have a panel of three judges. When the circuit court panel requests the attorney from each side to present his or her case before the court, each side receives a limited amount of time to give a presentation. During the presentation, the appellate panel may interrupt and ask questions of the attorney Q&A-style.

Appearing before an appellate court is not for the faint of heart. In addition to being an excellent persuasive writer, your Florida federal defense attorney should also have strong verbal communication and presentation skills.

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Possible outcomes from filing a federal appeal

Federal appellate courts do not retry the defendant. Therefore, they do not deliver a verdict of guilty or not guilty. Instead, appellate courts determine whether or not the previous court’s decision should be upheld or overturned. An appellate court may decide to take any of the following actions:

reverse the previous court’s decision
remand the case back to the trial court and provide instructions on how to eliminate the error
affirm the trial court’s decision

Depending on the nature of the legal error, a reversal may result in the defendant receiving a new trial or in the conviction being reversed without the need to retry the case. We work diligently to achieve the best outcome in our client’s case.

Grounds for filing a federal appeal

Technically, a federal appellate court may only reverse the previous court’s decision if the trial court made a legal error that affected the case outcome. Therefore, successful federal appeals attorneys narrow their clients’ cases down to the strongest legal arguments the attorney is most likely to be able to win on appeal. Choosing an attorney who possesses strong legal analysis skills in addition to being well-versed in case law and current court trends on the issues that affect your case can increase your likelihood of winning on appeal. Some common issues federal defense lawyers argue on appeal are:

investigative errors
evidentiary errors
jury errors
excessive sentencing

Potential investigative errors in federal cases

Contrary to what television shows and movies portray, law enforcement agencies are not allowed to do as they please when investigating a crime and interacting with suspects. The Constitution governs much of what happens during the investigative stage from making traffic stops and conducting searches to detaining people and conducting interviews. Some of the most common evidentiary challenges Florida defense lawyers raise during a federal criminal appeal are:

illegal traffic stop
illegal search
illegal seizure of evidence
contaminated evidence
violation of the defendant’s constitutional rights

When the police bring someone into custody, they are required to recite a group of Constitutional rights that have come to be known as the Miranda rights. The purpose of reciting the Miranda rights is to inform the individual that:

he or she has the right to remain silent to avoid self-incrimination
anything he or she may say can and will be used against him or her as evidence in court
he or she has the right to have an attorney present during the interaction
the individual may request the state to appoint an attorney free of charge

Illegal searches are also likely to result in a federal circuit court overturning a defendant’s conviction. Law enforcement agents must have a search warrant or receive consent to enter a property and conduct a legally valid search. In some cases, a police officer may legally search an area if he or she sees a criminal activity in progress or if the officer is in pursuit of someone to make an arrest and the person appears to enter a nearby area. Evidence that is obtained through a search that violates the law is inadmissible at court. However, courts sometimes make errors and fail to suppress evidence that should be excluded. Most astute attorneys challenge the admissibility of illegally obtained evidence at trial. If your attorneys did not take the appropriate actions or if the court allowed the evidence anyway, you should retain an attorney who will fight tirelessly to correct the wrong.

Appealing a jury error

Most jurors are everyday people who do not necessarily have a background in the legal industry. To help jurors understand how to apply the law in court cases, the judge provides the jury with instructions. Any error that affects the jury or the instructions they receive can negatively affect the defendant’s case. Some common jury errors are:

erroneous jury instructions
confusing jury instructions
biased jury
jury tampering

Your Florida defense attorney is your legal advocate. Ideally, your attorney will bring jury errors to the court’s attention at the time of the trial court proceedings. However, not all attorneys are alike, and courts do sometimes make mistakes. Our Lighthouse Point federal appeals attorney reviews our clients’ cases for jury errors and other mistakes a previous attorney or judge may have missed.

Excessive sentencing

The Constitution calls for federal and state courts to impose reasonable sentences that are not excessive in comparison to the crime for which the defendant was sentenced. Still, courts sometimes violate the constitution by imposing penalties that are “cruel and unusual” or otherwise inappropriate. In some instances, a judge makes an honest error and accidentally sentences a defendant in a manner that is not in line with the sentencing guidelines for the offense. Federal defense lawyers commonly appeal sentencing in cases that involve the following:

a minor defendant
a defendant who is insane
a capital offense
excessive fines
a sentencing error

Mandatory minimum sentencing in federal cases

Federal offenses that involve drugs and child exploitation often have a mandatory minimum sentence. Mandatory minimum sentencing guidelines require the court to automatically impose a prison sentence that is at least as long as the specified minimum sentence. Critics argue mandatory minimum sentences remove the ability for judges to use discretion and to sentence defendants based on the unique set of facts in each case. There are specific circumstances that allow judges to depart from mandatory minimum sentencing. If you have been sentenced according to mandatory minimum sentencing guidelines, contact a federal appeals attorney in Lighthouse Point, FL. An attorney can review your case and determine whether filing an appeal based on excessive sentencing is the best strategy for seeking justice post-conviction in your case.

Even when a defendant is 100% guilty of a crime, the defendant is entitled to the legally correct sentencing. A Lighthouse Point federal appeals attorney can appeal your sentence if you believe you have been sentenced incorrectly.

Lighthouse Point lawyer for federal appeals

With more than 35 years of experience providing legal defenses in federal and state cases, David Joffe has a proven ability to win federal cases at the appellate level. From white collar crimes and drug offenses to child pornography cases and sex crimes, we aim to deliver highly effective legal representation. We treat each client with professionalism and dignity. When you call us you can feel confident that you are in capable hands and that your case will receive the attention it deserves. If you would like to know more about federal appeals and other options for post-conviction relief in Lighthouse Point FL, contact Joffe Law to speak with a member of our team. We evaluate your case and help you understand the available legal options.