Federal Criminal Appeal Lawyer

Our federal criminal appeal lawyers have handled federal appeals in Atlanta, Georgia, Alexandria, Virginia, and across the country. Filing direct appeals in federal court is a complicated process that needs the attention of the best federal appeal attorney that you can find.
 

What is a direct appeal in federal court?

A direct appeal in a federal criminal case allows a defendant to appeal his or her conviction in the U.S. District Court to one of the U.S. Courts of Appeals (known as the appellate court) from the U.S. District Court (known as the trial court). A direct appeal is the first time that a conviction is challenged in a federal appellate court, and a criminal defendant has an absolute right to file a direct appeal following a conviction at a federal trial.

When can I file a direct appeal in a federal criminal case?

You can file a direct appeal in a federal criminal case after a conviction at a trial (either by a federal jury or a federal judge). You typically cannot file a direct appeal after entering a guilty plea unless you enter into what's called a "conditional plea." 

What is a "conditional plea"?

A conditional plea is a type of guilty plea where the Government allows to plead guilty while reserving the right to file a direct appeal concerning an issue which would determine the outcome in the case. One example of such a plea is when the trial court denies a defendant's motion to suppress evidence, and the defendant wants to challenge the denial of the motion without risking going to trial and losing. 

A conditional plea is permissible under Rule 11(a)(2) of the Federal Rules of Criminal Procedure. It should be noted, however, that a defendant does not have the right to a conditional plea and that both the Government and the district court must agree to such a plea. Some courts disfavor conditional pleas, and you should ask your attorney if such a plea is available in your jurisdiction. If a defendant is successful on appeal, the defendant is then allowed to withdraw his guilty plea.

What are the different federal appellate courts?

There are 13 different federal appellate courts (called circuits) which cover 94 different federal judicial districts. The 13 federal appellate courts are governed by the same set of Federal Rules of Appellate Procedure which your federal appeal lawyer should be well versed in. Each Court of Appeals, however, has its own local rules which provide additional detail about how to properly file and argue a criminal appeal. The different Courts of Appeals are listed below based on the states they cover:

· First Circuit: Maine, New Hampshire, Massachusetts, Rhode Island.

· Second Circuit: New York, Vermont, Connecticut.

· Third Circuit: Pennsylvania, New Jersey, Delaware.

· Fourth Circuit: Virginia, West Virginia, North Carolina, South Carolina.

· Fifth Circuit: Texas, Louisiana Mississippi.

· Sixth Circuit: Ohio, Michigan, Kentucky, Tennessee.

· Seventh Circuit: Wisconsin, Illinois, Indiana.

· Eighth Circuit: Minnesota, North Dakota, South Dakota, Nebraska, Missouri, Arkansas.

· Ninth Circuit: California, Oregon, Washington, Idaho, Montana, Arizona, Hawaii, Alaska

· Tenth Circuit: Utah, Wyoming, Colorado, Kansas, Oklahoma, New Mexico.

· Eleventh Circuit: Georgia, Alabama, Florida.

What are the steps in filing a direct appeal in a federal criminal case?

The first step in the federal appeal process is to file a Notice of Appeal. Under Rule 4(b) of the Federal Rules of Appellate Procedure, you must usually file the Notice of Appeal within 14 days from when the judgment is filed (the judgment is usually, but not always, filed the same day or within a few days of your sentencing hearing). It is extremely important for your attorney to file a Notice of Appeal within this timeframe or you could waive your right to a direct appeal.  

It should be noted that the filing of some motions can change the deadline for filing a Notice of Appeal. For instance, a motion for judgment or acquittal, a motion for new trial(if the motion is based on newly discovered evidence an filed within 14 days of the judgment), and a motion for arrest of judgment can impact when a Notice of Appeal should be filed.  

The second step in a federal criminal appeal involves ensuring that various pre-briefing requirements are followed, including the following:

· The defendant must pay a docket fee (which is usually $505 unless the defendant does not have the ability to pay). If the defendant does not pay the fee in a timely manner, or if the defendant fails to move the district court to proceed ‘in forma pauperis’, the appeal could be dismissed. 

· Your attorney will then file a Notice of Appearance in the U.S. Court of Appeals to let the Court of Appeals know that you are being represented by a lawyer. 

· Your lawyer must then order any transcripts from the court reporter that could impact the appeal. Transcripts may include your trial transcript and any evidentiary hearings that were held before or after trial. The Court of Appeals will usually set a deadline as to when these transcripts must be filed. Your lawyer must also show the Court of Appeals that he or she has made arrangements to pay for the transcripts. 

· Your lawyer must also ensure that any exhibits filed at an evidentiary hearing or during trial are available in the Court of Appeals. Rules regarding exhibits can vary based on district and circuit. In other words, your lawyer needs to make sure that the entire record is available to the Court of Appeals. 

The third step is for your attorney to file the opening brief. The Court of Appeals will issue a briefing schedule with a deadline for you and the Government to file your briefs in the case. In most cases, an attorney will ask for one or two extensions to ensure that the opening brief is adequately argued. The exact deadlines and rules for requesting extensions vary from circuit to circuit. The briefs should also address whether the parties are requesting oral argument.

The fourth step is for your attorney to file a reply brief to the Government’s brief (known as a responsive brief). Following the reply brief, the Court of Appeals will either schedule the case for oral argument or issue an opinion without oral argument.

What is the opening brief in a federal criminal appeal?

The opening brief in a federal criminal appeal is filed by the defendant and lays out both the facts of the case as well as the legal errors that occurred in the district court (either before, during, or after trial). The opening brief is almost always the most important part of a federal criminal appeal, and it reflects the work your appellate attorney put into the case in terms of legal research, spotting issues and errors in the record, and writing persuasively to grab the judges’ attentions. 

In most federal cases that result in a trial, there are going to be quite a few errors that occurred. It is your appellate lawyer’s job to narrow the list of the errors down to those errors which have the greatest chance of reversing your conviction or sentence. A good federal appellate lawyer will have a good understanding of the issues most likely to be successful on appeal. 

What is the purpose of a reply brief in a federal criminal appeal?

The purpose of a reply brief in a federal criminal appeal is to address any facts or legal arguments raised in the Government’s brief that you did not cover in your opening brief. For instance, the Government will often argue that you waived a particular issue and cannot litigate that issue on appeal. Your reply brief may focus on why the issue was properly preserved for direct appeal. The reply brief is also your opportunity to correct any factual inaccuracies made by the Government in its brief and to compare and contrast any case law that the Government introduced in its brief.

What is oral argument?

Oral argument is a hearing set by the Court of Appeals to hear about your case and ask questions about the issues raised in your brief. Not every case is granted oral argument, and your lawyer should spend a considerable amount of time preparing for oral argument in a federal criminal appeal.

While oral argument rarely exceeds 30 minutes, it is a genuine opportunity for your lawyer to answer the questions which are most important to the judges deciding your case. Based on how the judges respond during oral argument, your lawyer may be able to gage which way the judges are leaning in your case.

When will I know how the appellate court ruled?

The Court of Appeals can take more than a year to decide a criminal appeal, especially when oral argument has been granted. On average, you can expect the court to take anywhere from 6 months to 18 months to decide a federal criminal appeal.

If you or someone you know needs an experienced federal criminal appeal lawyer, give our federal appeal lawyers a call today. The initial consultation is free of charge and always confidential.