Appellate courts, often recognized as the “courts of last resort,” wield significant influence in the legal process, delivering decisions that are both pivotal and definitive. Opting for the right federal criminal appeals attorney is paramount to enhance the likelihood of success. The Alderman Law Firm proudly showcases attorneys endowed with the expertise and experience essential to refine arguments on appeal, with a specialized focus on federal criminal appeals in the 4th, 6th, 7th and 10th circuit courts of appeals.

Understanding Federal Criminal Appeals:

In a federal criminal appeal, a litigant petitions the Federal Court of Appeals to overturn a final judgment or decision rendered by a federal trial court. Appellate arguments delve into intricate legal interpretations, necessitating a meticulous review of the written record to identify “appealable issues.”

It’s crucial to note that a federal criminal appeal is not an opportunity to retry the entire case. The circuit courts of appeal concentrate on scrutinizing errors made during the legal process, avoiding a reevaluation of the trial court’s decision based on the same evidence. Exceptions may arise when the Federal Court of Appeals applies a de novo standard of review to a specific issue or case.

Where Do I Start?

The initial and crucial step involves filing a timely notice of appeal, with the deadline calculated from the trial court’s final order.

Filing a notice of appeal promptly and paying necessary fees are imperative steps. Although federal court forms are accessible online, having legal counsel execute the notice ensures proper filing due to nuanced requirements. Trial counsel can file the notice, even if the intention is to proceed with a federal criminal appeals attorney.

What Happens After I File My Notice of Appeal?

Subsequent to filing a notice of appeal, the next step is typically to file a designation of record, specifying the documents and transcripts to be sent to the Federal Court of Appeals. The trial court compiles and transfers the record, and the Federal Court of Appeals issues a briefing schedule. Qualified federal criminal appeals attorneys adeptly navigate the strict formatting and content requirements outlined in the appellate rules.

Parties may request the Federal Court of Appeals to conduct oral arguments during the appeal process. If oral argument is not requested, the court usually decides based on the briefs alone. If granted, oral arguments are scheduled, and a decision follows.

What If The Federal Court Of Appeals Denies My Appeal?

In case of denial, the option exists to petition the U.S. Supreme Court for a case review. While the right to request review is present, the Supreme Court isn’t obligated to hear the case. The vast majority of certiorari petitions are denied—almost 95%. Successfully navigating this high hurdle improves the chances of a favorable outcome.

To seek Supreme Court review, a cert petition must be filed shortly after the Federal Court of Appeals’ decision. This petition argues that the Supreme Court should allow the presentation of substantive issues. The criteria are selective, with the Supreme Court looking for cases presenting novel issues, resolving nationwide legal conflicts, or demonstrating exceptional errors.

If accepted, a new round of briefing ensues, progressing to arguments on the case’s merits.

What Can The Alderman Law Firm Do For Me?

Better than 9 out of 10 appeals end in an affirmance of the federal trial court’s decision. Federal criminal appeals rely on the trial court record and the designated portion for transmittal to the Federal Court of Appeals. The decisions hinge largely on the written briefs, which are legally technical and complex. Therefore, having briefs crafted by experienced professionals is vital.

Alderman Law Firm attorneys bring extensive experience in federal appellate advocacy, providing professional assistance from error review in case materials to the adept drafting of appellate and reply briefs.

Have More Questions?

The provided information serves as a general overview of the federal criminal appeals process, offered as a courtesy and not as legal advice. For a free consultation regarding federal criminal appeals, contact the Alderman Law Firm at (720) 588-3529.