Federal Appeals Lawyer Miami Lakes

The federal appeals process

When a defendant wants to file a federal appeal, 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 day the trial court convicts the defendant. If the defense does not file the Notice of Appeal within 14 days, the right to file a direct appeal may be forfeited. If the 14-day window has elapsed in your case, there may be other post-conviction relief options available. Our Miami Lakes federal appeals attorney will determine the best strategy for pursuing a more favorable outcome in your case.

When the circuit court receives the Notice of Appeal, the court will schedule a deadline by which each side must submit its respective appellate brief. Apart from the timely filing of the Notice of Appeal, the appellate brief is arguably the most important document in the defendant’s federal appeals case. Most federal appeals are decided based on the court transcript and the appellate briefs. Therefore, when choosing a Miami Lakes federal defense attorney to help with your appellate case, you should choose an attorney who has strong persuasive writing skills.

It is important to note that the parties who are involved in a federal appellate case generally do not appear before the appellate court in most cases. The defendant is never required or requested to appear before the court. In most cases, the attorneys do not make an appearance. However, an exception exists when the appellate court judge panel requests oral arguments. Appellate judges will request the attorneys for both sides to appear before the court to present their sides of the case when the judges on the panel have questions.

During oral arguments, each attorney receives a limited amount of time to make a presentation. The judges may interrupt the presentation to ask questions Q&A-style. Presenting oral arguments before a federal appellate court can easily be an intimidating experience for an experienced attorney. David Joffe is always prepared to go the extra mile and advocate for his clients at every level in the federal court system.

Possible outcomes of a federal appellate case

Unlike federal trial cases, which usually conclude with a “guilty” or “not guilty” verdict, federal appellate courts do not determine whether the defendant was culpable for a crime. Instead, a federal appellate court may collectively decide to:

• affirm the previous court’s decision
• reverse the previous court’s decision
• remand the case back to the trial court with instructions on how to fix the error

When an appellate panel publishes its collective decision, the judges have the option of writing an opinion to explain why they voted the way they voted on the case. Attorneys and other appellate courts may cite the published opinions as legal authority when making the similar arguments in future cases.

Grounds for filing a federal appeal

Successful direct appeals are based on a legal error the trial court made. Some common errors trial courts make that give rise to strong arguments on appeal are:

• investigative errors
• evidentiary errors
• problems with the jury

You may not be able to readily identify errors that may have been made in your case. However, your Miami Lakes federal appeals attorney will identify the strongest arguments in your case and make them the basis for your federal appeal.

INVESTIGATIVE ERRORS AS GROUNDS FOR A FEDERAL APPEAL

Law enforcement agencies are governed by specific rules and laws when they investigate a suspected crime. Unfortunately, it is not uncommon for law enforcement officers to overstep legal boundaries. Some examples of the rules police officers are required to follow during an investigation include:

• obtaining a search warrant or permission from an authorized person when searching a property
• having a valid reason to conduct a traffic stop
• informing people of their Miranda rights when taking someone into police custody

When taking an individual into police custody, the police are required to inform the individual of his or her Miranda rights. The Miranda rights include the right to remain silent, the right to avoid self-incrimination, the right to retain legal counsel, the right to receive a government-appointed defense lawyer free of charge. Additionally, the individual must be informed that any statement he or she makes can and will be used as evidence against the individual in a court of law.

When a law enforcement officer makes an investigative error, the evidence the police receive as a result of the error may not be used against the defendant. However, courts sometimes make mistakes and allow tainted evidence to be admitted into the record for jury consideration.

EVIDENTIARY ERRORS DURING A FEDERAL TRIAL

There are certain types of evidence a court cannot allow to be admitted. Some examples of inadmissible evidence include:

• statements of hearsay that do not come from a direct source
• evidence that is irrelevant to the subject matter of the trial
• evidence that is prejudicial and arouses the emotions of the jury in a way that interferes with the jurors’ ability to reach an impartial verdict
• evidence that is speculative and not based in fact

A trial court cannot rightfully convict a defendant based on inadmissible evidence. Your Miami Lakes federal appeals attorney will thoroughly review your case to determine whether all of there were issues with the evidence the prosecution introduced to be used against you.

JURY-RELATED ISSUES

Juries are most often composed of people who do not have a strong background in the legal field. To bridge the gap, judges provide instructions to help the jury apply the correct law to the case. Any problem with the jury can directly affect the outcome of the defendant’s case. Some common jury errors include:

• confusing jury instructions
• incorrect jury instructions
• biased jury
• errors during jury selection
• jury tampering

Jury instructions that are confusing or too lengthy can make it virtually impossible for jurors to understand the law and to know exactly how to apply it in the defendant’s case. If a judge gives a jury incorrect instructions, the jury is likely to unknowingly apply the wrong statute or incorrectly apply the right statute to the case, which may result in wrongful conviction. A biased jury may convict a defendant despite the defendant would not have been convicted if the jury would have applied the law impartially. Sometimes errors in following the rules that govern jury selection may result in attorneys being allowed to erroneously add someone to or strike someone from the jury. Tampering occurs when someone tries to directly or indirectly influence the jury. Not only is jury tampering unethical because it can directly influence the defendant’s case, but jury tampering is also a crime.

If a jury error occurred in your case, a Miami Lakes federal appellate attorney can identify the error and take the proper steps to seek out a legal remedy. Contact Joffe Law to learn about the federal appeals process and other options for post-conviction relief.

Miami Lakes federal appeals lawyer

The federal appeals process is best handled by a seasoned federal defense attorney who has a proven track record of success in federal appellate cases. For more than 35 years, David Joffe has represented South Florida defendants in federal appeals cases. We are committed to fighting for the rights of the accused. Our talented federal defense attorney will go the extra mile to ensure your rights are protected and to help you prove your case in federal court. We represent defendants at every step in the criminal court process, even after a federal conviction.

Call Joffe Law, P.A. to learn more about our track record in federal appellate cases. A member of our team will review your case and determine the best approach to defending you.