Miami Gardens Federal Appeals Attorney

Understanding federal appellate courts

Before discussing how the federal appeals process works, it is important to first understand the federal appellate court system. Federal criminal cases make their entry into the federal court system via federal district courts. Federal district courts are also known as federal trial courts because they are the venues in which trials take place. If a criminal defendant loses his or her trial in federal district court, the convicted defendant may file an appeal with the first tier of federal appellate courts, which is known as the circuit court.

Currently, there are 13 circuit courts in the United States. Each circuit consists of a few states or a group of U.S. territories. The circuits that are made up of states correspond to the states’ geographical locations. Florida is in the 11th Circuit along with Georgia and Alabama. The 11th Circuit Court of Appeals is located in Atlanta. Therefore, Miami Gardens criminal court defendants who want to appeal a federal trial court’s decision must file their appeal with the 11th Circuit Court of Appeals.

The party that loses its case at the circuit court level may file a writ of certiorari or petition to have their case reviewed by the top appellate court, which is the U.S. Supreme court. Of the cases for which the Supreme Court receives writs of certiorari, only a small percentage of cases are granted cert.

State courts sometimes have different names for their courts; however, the state court systems generally mirror the federal court system. Although the state and federal court systems operate independent of each other, the party that loses his or her case in the highest-ranking state appellate court may also file a writ of certiorari to request the U.S. Supreme Court to review the case.

The federal appeals process

After a federal trial court convicts a defendant, the first step in the federal appeals process is to file a Notice of Appeal. The defendant must file the Notice of Appeal within 14 days of the date the trial court convicts the defendant. Failure to file the Notice of Appeal within 14 days may result in the defendant losing his or her right to file a direct appeal. However, if the 14-day window has passed in your case, inquire with a Miami Gardens federal defense attorney to learn about other potential options for post-conviction relief that may apply in your case.

When the circuit court receives the Notice of Appeal, the circuit court will schedule the deadline by which each side must file its respective appellate brief. The appellate brief is one of the most important documents in the case as most circuit court cases are decided based on the appellate briefs and the trial court transcript.

In most federal circuit court cases, the attorneys are not required to make an appearance before the court. However, if the court has questions while reviewing the appellate briefs, the court will schedule oral arguments and request an attorney from each side to appear before the court to present his or her respective case.

After reviewing the appellate briefs and trial court record and, if requested, hearing oral arguments, the appellate court does not come immediately. Federal appellate courts may take several weeks or months to publish their decision on a case.

A legal issue can arise at any point in the federal criminal process. However, a defendant must wait to see if the error leads to a conviction before filing an appeal. Contact our Florida defense attorney to learn more about filing a federal appeal in Miami Gardens.

Federal appellate courts vs. trial courts

The basics of trial court procedure are taught in schools and portrayed in movies and on television shows. For that reason, most people have a general understanding of how trial courts work even if they have never been involved in a criminal trial. However, few people are familiar with the inner workings of appellate courts. There are several major differences between appellate courts and trial courts that matter when filing a federal appeal in a criminal case.

APPELLATE COURT REVIEW VS. FACT-FINDING

The major difference between appellate courts and trial courts is in the way in which each court functions. Trial courts are tasked with finding substantive facts to determine exactly what happened in a case. For that reason, attorneys from each side introduce evidence, call witnesses to give testimony in support of their case, cross-examine each other’s witnesses, and make opening and closing arguments to present their cases as a cohesive narrative.

Appellate courts are mostly limited to reviewing the trial court’s decision-making. They do not engage in substantive fact-finding like trial courts. When a defendant files a federal appeal, the parties do not enter evidence into the record, call witnesses, or conduct cross examinations. Instead, the appellate court takes the trial court’s substantive findings on the facts of what happened in the case as accurate. Convicted defendants may argue on appeal that new evidence is available or that the trial court did not allow beneficial evidence into the record. However, in those cases, the appellate court’s role is to determine whether the case should be sent back to the trial court to allow the trial court to hear the new or wrongfully excluded evidence.

When filing a federal appeal with the circuit court, the defense is responsible for supplying the circuit court with the transcripts of the trial court proceedings, which will become part of the official record. Both the defense and the prosecution determine which portions of the trial court transcript will be added to the appellate court record.

APPELLATE COURT JUDGES VS. TRIAL JUDGES

Appellate courts differ in the number of judges who preside over the case. Where trial courts have one judge, appellate cases are decided by a panel of judges. Circuit courts generally have a panel of three federal judges.

Trial court judges individually make decisions on motions and other important aspects of a criminal trial. Unless the defense has waived the right to a jury trial, most criminal cases are decided by a jury.

When a case goes up on appeal, the appellate court judges deliberate and collectively publish the court’s decision along with the way each judge voted in the outcome. Appellate court judges also often publish written opinions to explain the legal analysis behind their individual decisions. The opinions that are written by appellate judges carry legal authority and may be cited by lawyers and other judges in future cases.

Possible decisions in a federal appellate case

Federal appellate courts do not determine culpability. Therefore, appellate panels do not render “guilty” or “not guilty” verdicts. Instead, the panel collectively votes on a decision of whether the appellate court will:

• affirm
• reverse
• remand

If the circuit court agrees with the trial court’s decision, the appellate panel will affirm the trial court’s decision. In cases in which the appellate court determines that there was an error that materially and negatively affected the defendant’s case outcome, the appellate court will vote to reverse the trial court’s decision.

Miami Gardens federal appeals lawyer

The federal appeals process is lengthy and intensive. Even an experienced attorney may find the experience of appearing before an appellate panel intimidating. When choosing a federal appeals attorney in Miami Gardens, it is important that your defense lawyer have strong persuasive writing abilities. Your Florida federal defense attorney should also be able to switch into an even higher gear and present your case in oral arguments in front of an appellate court panel. David Joffe is always ready to rise to the occasion and defend your rights. When you work with Joffe Law, you can feel confident in knowing that you have a strong legal advocate protecting your best interests at every step in the federal criminal court process. Call Joffe Law to request a case evaluation.