If you are convicted of a federal crime and are thinking of making an appeal, you are going in the right direction. But before you proceed ahead with the appeal, you need to be aware of the appellate procedure and select an expert federal appeal lawyer to represent you. Here are all that you need to know about making a federal criminal appeal in brief.
What is a federal criminal appeal?
There is a common misconception that a federal criminal appeal is an opportunity for a new trial. But this is not true. In fact, a federal criminal appeal is nothing like a trial. When you make an appeal, you are not allowed to present any new facts or evidence in relation to your case. An appeal is a legal process that allows you to highlight the mistakes that happened at the trial and as a result which the ruling was decided. Making an appeal is your chance to persuade the federal court about those mistakes and get the ruling overturned.
What are the steps involved in a federal criminal appeal?
A federal criminal appeal involves certain specific steps, such as the following:
- Preparing the record: The record is a document that has all the information about your case. The federal court needs this document to understand the details of your case and what happened at the trial. Your lawyer will go through all the transcripts of your trial and try to find out the legal mistakes that took place at the trial. He or she will prepare the record and then file it in court.
- Writing the brief: Once the record is filed, your lawyer will need to write the brief and file it in the court. The brief can be said to be the most important document in an appeal. It tells the court about the mistakes that took place in your case. Depending on the brief, the court can decide to grant the request for oral arguments to be presented in favor of your case or not.
- Arguing orally: If your case is scheduled for oral arguments, your lawyer will have to convince the judges about why the ruling of the trial court needs to be reversed. One thing to note is that the result of your appeal will depend on the persuasive writing and oral skills of your lawyer. To ensure that your appeal is successful, go for a highly skilled and experienced lawyer. If you are not sure where to look for a capable lawyer, you can seek the help of well-known law firms like Brownstone law federal appeal lawyer firm that have several experienced federal appellate lawyers.
- Decision: The decision comes after the panel of judges go through the briefs and hears out the oral arguments (if the arguments are allowed).
How long can a federal criminal appeal take to resolve?
The time needed for a federal criminal appeal to get resolved depends on multiple factors. These include how complex the case is and how dense are the documents presented to the court regarding the case. So, the time needed varies from one case to another.