How Can Federal Criminal Appeals Re-shape Your Future After a Felony Conviction?

What is an Appeal?

According to the Department of Justice, an appeal is an opportunity for a defendant to try to raise specific errors and other oversights that may have occurred at trial, an error such as a judge’s decision to suppress certain evidence or to impose a certain sentence. An appeal is the first way that a federal criminal defendant may challenge a conviction or sentence. Because there is no constitutional right to an appeal during federal criminal cases, each state and the federal government has maintained a system of appeals courts to review judgments and processes from lower courts.

What is the Federal Court Structure?

The United States federal court system is categorized into three levels, from lowest court to highest:

• Federal district courts: The lowest level comprises 94 federal district courts, which are located in areas serving as trial-level courts for cases that are related to federal law.
• Courts of Appeals: The middle tier is the 13 Federal Circuit Courts of Appeals that review decisions from the lower courts.
• United States Supreme Court: The Supreme Court is considered the highest court in the land, with ultimate authority over all other courts, and is located in Washington, D.C.

A “circuit split” is any dispute between courts of appeals on crucial issues of law. This disagreement between the circuits in interpreting federal law is one of the most common reasons the Supreme Court may choose to review a case.

What Can be Argued With an Appeal?

When a case is appealed, it is not retried. Instead, the court of appeals focuses on whether the trial court correctly applied the law. This may make deciding which argument to raise on appeal complicated. However, there are several essential considerations in selecting the correct issues to argue, including:

• A standard of review refers to the method by which a court of appeals may handle a trial court’s decision, such as clear error, de novo, or abuse of discretion.
• An error preservation refers to whether or not the defendant adequately objected to the error during the trial court and preserved their right to appeal.
• To win an appeal reversal, the defendant must prove that the error during the trial court most likely impacted the trial outcome.

What is the Appeals Process?

If a defendant and his or her attorney believe justice was not properly served and would like to bring a case to a respective court of appeal, the case will proceed through the following steps:

• Filing of a notice of appeal: This document will be filed with the district court and shows an intention to appeal. It must be completed and filed within 14 days of the judgment or order being challenged.
• Trial record: Within 14 days of the Notice of Appeal, the attorney will file a statement indicating that he or she represents the defendant and request a copy of the trial record to be sent to the Court of Appeals. The record will include all documents and transcripts that are related to the trial court proceedings.
• The brief: The brief is one of the most crucial parts of the appeal. It is a written document that outlines the arguments for why the district court decision should be reversed. It contains many important items, including a case statement, a summary of facts, the legal arguments, and the relief being sought. The appellant’s brief is typically due within 40 days of the record being filed. The arguments in the brief must be presented clearly and completely because a federal appeals judge will only consider arguments listed in the brief.
• Oral arguments: The Court of Appeals may choose to schedule oral arguments despite most appeals being decided on the briefs alone. Federal courts usually do not reverse criminal convictions without oral arguments.
• Deciding the Appeal: After the briefs are read and the record is reviewed, the panel will decide on the case. The court of appeals will issue a written decision with a detailed opinion that explains the outcome. The appellate court will affirm, reverse, or remand the case to the district court for further proceedings. Occasionally, the appeals court may issue a shorter, “per curiam” opinion that affirms or reverses a case without a prior discussion.
• The rehearing: If the defendant remains unsatisfied with the decision of the appellate court, he or she may file a petition for a rehearing within 14 days. However, it is worth noting that rehearing is rarely granted and is typically reserved for cases where the court needs to examine a critical point of fact or law.
• Supreme Court appeals: Typically, the decision of the Court of Appeals is the final authority. However, when a constitutional violation has occurred, the defense attorney may advise filing an appeal with the United States Supreme Court, and the case will be heard at the court’s discretion. 

What are the Possible Outcomes of an Appeal?

Federal defendants do not appear before appellate judges. Instead, at the end of a review, the judge will make one of the following decisions:

• Uphold the ruling
• Overturn the ruling
• Remand the case back to the lower court to correct errors that may not affect the outcome. The higher court will choose whether to overturn or uphold the ruling of the lower court.

Do I Need an Attorney?

If you are currently charged with a felony conviction and believe you are entitled to an appeal, you need representation you can count on. Call Mones Law, P.C., today at 404-522-7402 or fill out a contact form for a free consultation.