Wynwood Federal Appeals Attorney
Let our federal defense lawyer help you get a second chance
Even if you have been convicted for a federal offense, you can continue to fight for justice. The good news for recently convicted federal defendants is that after a trial court convicts a defendant, the defendant’s right to file an appeal is automatically triggered. A federal appeal can be a powerful tool in your fight for justice. However, the appeals process should not be taken lightly. The vast majority of federal cases that go up on appeal are unsuccessful. Having an experienced federal defense attorney on the case can improve your likelihood of winning. Our seasoned Wynwood federal appeals lawyer is well-versed in the federal appellate process. Contact Joffe Law, P.A. if you are looking for a powerful legal representative to file your Wynwood federal appeal on your behalf.
Grounds for filing a federal appeal
The right to file a federal appeal is not the same as automatically granting the defendant a new trial. A federal appeal is more likely to be successful if it is based on the argument that the trial court made a more technical legal error. Appellate courts do not directly decide whether a defendant is guilty or not guilty. Instead, the appellate court decides whether it will affirm, reverse, or remand the trial court’s decision based on whether there was a legal error that negatively impacted the outcome of the defendant’s case. Common legal errors federal defense attorneys argue on appeal include:
- evidentiary errors
- investigative errors
- constitutional rights violations
- jury errors
Our Wynwood federal crime defense lawyer will review your case to determine whether the trial court erred in a way that resulted in your wrongful conviction. We will identify the strongest legal arguments for your federal appellate case.
EVIDENTIARY ERRORS AS GROUNDS FOR FEDERAL APPEALS
There are certain types of evidence that cannot be admitted into the trial record and used as a basis upon which to convict the defendant. Some common reasons evidence may be inadmissible are:
- the evidence is hearsay and is not a direct statement from a primary source
- the evidence is irrelevant to the subject matter of the case
- the evidence is prejudicial and would cause an unfair bias to influence the case outcome
- the evidence is speculative and is not a statement of a known fact
Sometimes, inadmissible evidence may still make its way into the court record if the defendant’s attorney does not raise a timely objection or if the court allows the evidence to be admitted despite the defense attorney’s objection. Your Wynwood federal appeals lawyer may appeal your case based on the error if inadmissible evidence was used to convict you.
INVESTIGATIVE ERRORS IN A FEDERAL CRIMINAL CASE
Errors during a criminal investigation may cause the prosecution to lose its entire case. People are often unaware of their rights during their interactions with the police. Therefore, when law enforcement officers make errors, the defendant may be completely unaware of the critical misstep that may instantly cause even very serious criminal charges to go away. Some common investigative errors law enforcement agents make include:
- failure to obtain a search warrant
- searching areas that are not specified in the search warrant
- using coercion during a police interview
- making an unlawful arrest
- conducting an unlawful traffic stop
If the police obtain evidence through illegal means, the evidence cannot be used to convict the defendant. Your Wynwood federal appeals attorney can review your case and determine whether illegal evidence may have been admitted into the record and used against you.
CONSTITUTIONAL RIGHTS VIOLATIONS IN FEDERAL CRIMINAL CASES
There are several ways a defendant’s constitutional rights may be violated during a criminal case. If a federal court convicts the defendant or imposes an unreasonable sentence based on a violation of the defendant’s rights, the court’s actions must be reversed. Some examples of constitutional rights violations are:
- failure to advise the defendant if his or her Miranda warnings
- unlawfully detaining the defendant
- depriving the defendant of his or her right to consult with his or her attorney
- disallowing the defendant to know the charges that have been filed or the identity of the accuser
- imposing an excessive sentence
Retaining an attorney as early as possible reduces the risk that your constitutional rights will be violated during a federal criminal case. However, if you believe your attorney did not effectively counsel and represent you, you may file an appeal based on ineffective assistance of counsel and have your new attorney review your case for constitutional rights violations.
JURY ERRORS IN WYNWOOD FEDERAL CRIMINAL CASES
Any error that occurs with the jury in a criminal case may affect the verdict. Some common jury errors include:
- confusing jury instructions
- incorrect jury instructions
- biased jury
- jury tampering
- errors during jury selection
Judges provide instructions to juries to help the jurors apply the correct laws in a criminal case. In some cases, the jury instructions may reference the wrong laws or be written in a manner that confuses the jury. Juries are isolated from outside influences during the case to which they are assigned. If someone is able to influence the jury or if a juror disobeys the judge’s orders and communicates about the case without authorization, the defendant’s case may be negatively affected.
Having a vigilant federal appeals attorney on your case means having someone who can readily recognize jury errors and challenge them when they arise. Nevertheless, courts are not always immediately responsive when an attorney raises concerns about an error.
Do not say anything that might incriminate you. Speak with an attorney first.
Federal appellate courts
Knowing how the federal appellate courts are structured is essential to understanding the federal appeals process. There are three tiers of federal courts in the U.S. Federal district courts, which are also called trial courts, are on the lowest and entry level tier. When a defendant is indicted for a federal crime, his or her case will be prosecuted in a federal district court. If the defendant is convicted on a criminal charge in the federal district court, the defendant may file an appeal with the respective court in the next tier, which is the circuit court level.
Federal circuit courts are on the second tier in the federal court system, and they are on the first level that is set aside for reviewing federal appeals. Currently, there are 13 circuit courts in the United States. Most circuits consist of a few states that are in close geographical proximity to each other. The U.S. territories are also included in a dedicated circuit. There is one circuit court in each geographical circuit. Florida, Georgia, and Alabama are in the 11th Circuit. Convicted defendants in Florida who want to file a federal appeal to have their case reviewed must file their case with the 11th Circuit Court of Appeals, which is located in Atlanta.
The third and top tier of the federal court system consists solely of the U.S. Supreme Court. Parties who lose their case at the circuit court level may file a writ of certiorari to have their case reviewed by the Supreme Court. If a party in a state court case appeals their case to the highest-ranking court in the state court system, the party may file a writ of certiorari with the U.S. Supreme court if it loses its case in the highest-ranking state appellate court.
THE FEDERAL APPEALS PROCESS
For a convicted defendant who wants to appeal his or her case to the federal circuit court, the first step in the process is to file a Notice of Appeal. Convicted defendants have 14 days after the date of conviction to file a Notice of Appeal with the federal circuit court. Failure to file the Notice of Appeal may result in the defendant forfeiting his or her right to file a direct appeal. If the 14-day window has passed in your case, there may be other options for post-conviction that may be of benefit to your case.
When the federal circuit court receives the timely filing of the Notice of Appeal, the circuit court will schedule the deadline by which the attorneys for each side must file their appellate briefs. The appellate brief is one of the most important documents for a defendant in an appellate case because in most cases, the court will decide the case based solely on the appellate briefs and the trial court transcript.
In most cases, federal appellate courts decide appeals cases without hearing oral arguments from the attorneys. However, the court may schedule oral arguments and request the attorneys to make an appearance before the court if the appellate panel has questions about the case. During oral arguments, each attorney receives a limited time allotment during which the attorney must appear before the court and present his or her case. During the presentation, the appellate panel may interrupt the presenting attorney to ask questions Q&A-style. Circuit courts only schedule oral arguments in a very small percentage of appellate cases. Although circuit courts generally do not reverse a trial court’s decision without scheduling oral arguments, a request for oral arguments does not automatically indicate that the appellate court will overturn the outcome of the trial. After oral arguments, the attorneys return to their respective locations and await a decision from the appellate court.
From the initial filing of the Notice of Appeal to the publishing of the appellate court’s decision, the federal appeals process may take several months to more than one year. When choosing an attorney to file a federal appeal on your behalf, your attorney should have multiple strengths including persuasive writing skills and the ability to present well during the potentially intimidating oral arguments process.
Federal appellate courts vs. trial courts
Federal appellate courts differ from trial courts in both form and function. Trial courts have one judge that presides over a case. Federal circuit courts have a three-judge panel that presides over appellate cases.
Unlike trial courts, which decide the substantive facts in a case, appellate courts are limited to reviewing the trial court transcripts to determine whether the trial court made an error. For this reason, the two sides are not permitted to introduce witnesses and enter evidence into the record when a case goes up on appeal. Defendants may file a direct appeal if new evidence has become available. However, the appellate court may only decide that the new evidence is important to the outcome of the defendant’s case. If the appellate court believes the evidence may affect the case outcome, the appellate court will send the case back to the trial court and order a new trial.
Instead of determining the defendant’s culpability, appellate courts issue decisions based on how the court views the decision the trial court made. A federal appellate court may decide to:
- affirm the trial court’s decision if the appellate court has voted to uphold the original case outcome
- reverse the trial court’s decision if the appellate court found a legal error and, based on the error, disagrees with the trial court’s decision on the case
- remand the case back to the trial court with instructions on how to correct the legal error
Appellate court decisions carry legal authority. Therefore, in addition to voting to collectively decide the outcome of appellate cases, each judge may also write a personal opinion to go along with the decision. The judges’ opinions explains the legal analysis behind the way the judge who is writing the opinion voted on the case. Judicial opinions become part of the official case record and may be cited by other courts and attorneys as the basis for arguments in future cases.
Defense lawyer for federal appeals in Wynwood
The federal appeals case is long, detailed, and intensive. When choosing a lawyer to help with your federal appeal, you need an attorney who has the expertise, experience, and capabilities to shift the odds of winning in your favor. Contact Joffe Law, P.A. to learn more about our proven track record in federal appellate cases or to request a case evaluation.
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