What You Should Know about the Federal Criminal Appeal Process

 Posted on May 16, 2017 in Appeals

If you were found guilty of a federal crime although you were innocent, it might not be your fault. All too often unjustly accused citizens are carted off to prison due to a lack of a convincing attorney. Many find out too late that assigned public defenders are not the best option as many of them are overworked, preventing the one-on-one experience as well as the in-depth investigation necessary to build a credible defense case. You may be eligible for an appeal of the decision. To do so, you will require someone who is available to give you their utmost attention and build an aggressive and persuasive argument on your behalf. The federal criminal appeals process is confusing and daunting to those unfamiliar with the process; therefore it is vital to find an attorney who specializes in federal criminal law.

This Is Not A Retrial

Your attorney presented all of the evidence available to the judge within the presence of court reporters, witnesses, and a jury. The appellate court is vastly different. New evidence is inadmissible at this point, and the entire process is through the transferring of a series of forms, files, and existing evidence. In this “courtroom,” the legality of the original decision is under contestation. Both sides of the argument file briefs to the appellate judge both raising concerns and responding to concerns of legal errors that occurred in the original hearing.

Notice of Appeal versus Appeal

The form you received stating you had ten days to file a “Notice of Appeal” does not mean you have ten days to have a judge successfully appeal the initial decision. The notice is a document that must be filed within ten days of the initial decision to inform all parties of the intent to appeal. Although this may reduce the necessity of a rush decision, it is still important to retain counsel before day nine. The earlier you hire an attorney, the more time they have to bolster your defense to the best of their abilities.

The Process Is Not Short

Patience is a virtue in during the appellate process. From the initial filing of the “Notice of Appeal” to the final verdict, the process may take months or even years. Although the pace has quickened with the addition of technology over the past few years, a judge still must sift through all of the evidence and briefings to make a decision. This process cannot be accelerated, and if it was, it might end badly for the individual wishing to appeal. At the minimum, expect about three months.

Someone Who Knows

Your case already went awry the first round, but you have a second chance to get things right. Remember that with each addition to the process comes added legal fees and more. Building the best case possible the first time around is important. If you would like to discuss your appeals case with a Chicago, IL federal appeals attorney, contact the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney today. We proudly offer a free and confidential consultation simply by calling 312-629-0669 to schedule.

Sources:

http://www.uscourts.gov/about-federal-courts/types-cases/appeals