Federal Appellate Lawyer DC

Each federal appellate lawyer at The Federal Practice Group, located in DC, has decades of legal experience representing clients accused of white-collar crimes, violent crimes, felonies, and less serious crimes. We also provide post-conviction representation in the pursuit of an appeal and post-conviction relief. If you or a loved one was convicted of a crime and have exhausted all legal options other than a federal criminal appeal, contact a federal appellate lawyer in DC and request a consultation. During your consultation, you will have the opportunity to get answers to your questions. In the meantime, here are answers to some of the common questions each DC federal appellate lawyer from our firm receives from clients.

Is a federal criminal appeal like a retrial?

Many people make the false assumption that a federal criminal appeal is the same thing as a retrial, but it is in actuality very different. It is also not a rehearing of the evidence that was presented in the earlier trial that resulted in a conviction. Also known as a direct appeal, a federal criminal appeal is a legal proceeding in which the convicted individual’s federal appellate lawyer files a brief with the District Court in DC in response to legal errors that occurred in the original trial. 

Is a federal criminal appeal the same as a notice of appeal?

They are not the same. A notice of appeal is when the federal appellate lawyer notifies the appellate court and the District Court in DC of their intention to appeal a prior court decision on their client’s conviction case. Usually, the intention to appeal must be filed with the federal court within 10 days of the conviction or judgment that resulted from the trial. Because of the tight deadline, it’s important to contact a federal appellate lawyer at The Federal Practice Group in DC as soon as possible after the conviction, or even during the tail end of the court in the event that the judgement is not in the defendant’s favor.

Is the federal criminal appeals process fast or slow?

In most cases, the process is slow. What can add to the defendant’s frustration is the prospect of serving their sentence in prison and the desire to move to the federal criminal appeals as quickly as possible. This is, of course, understandable, as each federal appellate lawyer in DC understands very well. The process can take months to a year or longer. Generally, this is because of the significant backlog of cases that must be heard ahead of new ones. If you would like to explore the possibility of filing an appeal, contact a federal appellate lawyer DC clients recommend from The Federal Practice Group in DC without delay.

General Legal Terminology: Filing an Appeal

When the state or federal courts, or certain agencies, make a decision, that decision is generally subject to a comprehensive review by a civil or criminal appeals court. Whether the decision involves an order made by a judge or a final judgement made by a jury, an appeals court will carefully review what happened during the proceedings to confirm whether or not an error was made. If it is found that an error did contribute to the decision made by a judge or jury, the appeals court can choose to reverse, revise or remand the decision, depending on the circumstances involved in the case at hand. At this time, the lawyers representing the party who appealed the decision will generally be required to submit an appellate brief to the court. After an appeals court has made its decision, the ability to make further appeals is considerably limited. With that said, there tend to be significant exceptions to virtually every rule related to the process of submitting an appeal. It is therefore important to speak with an experienced DC federal appellate lawyer from The Federal Practice Group if you have questions about this process. No two appeals are exactly the same and it can therefore be helpful to have a DC federal appellate lawyer clarify whatever specific situation you have concerns about. 

A Trial Versus an Appeal

Both a trial and an appeal are similar, but are also different in significant ways. During a trial, all sides have the opportunity to present their case. This process may involve calling witnesses to the stand and presenting evidence. A judge and/or jury will weigh out all facts that were presented to them and determine what actually happened and whether someone should be held responsible for whatever legal situation is being scrutinized.  The judge overseeing a trial has a duty to control the courtroom and make important legal decisions, including ruling on objections. If the parties participate in a bench trial, the judge will also be responsible for determining the facts of the case.  By contrast, an appeal is a process that generally involves a full review of a trial or court proceeding. No jury is involved in an appeal, and there is generally no presentation of evidence. The appeals court accepts the facts heard in the trial, unless there is a clear argument made by a DC federal appellate lawyer or another advocate which alleges the facts are contrary to the evidence that was exhibited. Unlike in a trial where there is one judge, an appeal may be heard by multiple judges at the same time. There could be anywhere between three and three dozen judges; depending on the jurisdiction and court level. In larger courts, there is very rarely a time in which all judges hear the appeal at the same time. Rather there will be several panels, comprised of a certain number of judges. 

Filing an Appellate Brief

The primary form used to persuade an appeal is referred to as a written appellate brief. This is filed by each party’s lawyer. In an appellate brief, the party that was unsuccessful with the case (i.e. they lost) may argue that incorrect laws were applied to the situation or that unlawful bias affected the outcome of the case. Whereas, the party that was successful (i.e. they won) will argue that the correct decision was made by the jury or the Court. These positions must then be supported by referring to any case law, statutes, and legislation.  

The Appeals Record

Any decision made by the appeals court will involve a process that includes a full review of any documents that were added to the record during the trial. The record may contain pre-trial motions, a trial transcript, pleadings, exhibits of evidence, and post-trial motions. It may also include conversations with the judge as long as they did not take place “off the record”. The outcome of the appeal, and its success, largely depends on what occurred during the trial. If either sides’ lawyer did not manage to get important evidence into the record, or did not object to anything deemed prejudicial, the ability to do so at this point, will likely not be possible. The ins and outs of appellate law are complex. As a result, it is important to speak with an experienced DC federal appellate lawyer if you are thinking about filing an appeal related to a legal case you’ve recently lost. Once you understand the process and have your situation evaluated by our team, you can make an informed decision about how you want to proceed.

An experienced federal appellate lawyer in DC from The Federal Practice Group offers the possibility of overturning a previous decision. When a small business or a larger contractor does not win a federal bid despite their qualifications, they may mistakenly believe they have no chance to fight that outcome after their case loses in court. In fact, though the ruling may be expressed as final, it is not necessarily so as plaintiffs can respond with an appeal.

Each DC federal appellate lawyer at our firm is experienced with the federal bidding process. They are also skilled in discovering how a decision may have been unlawful to the detriment of our clients. To learn whether or not your case is eligible for the federal appeals process, contact our office in DC and request a free consultation with our federal appellate lawyer.

Understanding the Federal Appellate Process

The federal appellate process is intended to provide contractors and small businesses the opportunity to hire a lawyer in DC to present evidence to an appellate court. A successful appeal can represent a significant financial win for the plaintiff. Depending on the circumstances of your case, the court that hears your appeal may be one of the following:

•         US Court of Appeals for the Federal Circuit
•         ASBCA or CBCA Boards of Contract Appeals
•         US Court of Federal Claims

A Fresh Look

The federal appellate process does not involve a new trial or hearing. Rather, the appeals court considers the information that was already provided to the lower court that originally heard your case and ruled on it. Basically, the federal appeals court will take a fresh look at the evidence your original attorneys provided, as well as information provided by the defendant. Before the federal appeals court will review the original hearing or trial, your federal appellate lawyer in DC must identify a clear factual and/or legal error. That error must have occurred in the original trial or hearing and it must be so significant as to warrant the possible overturning of the original decision. In other words, the federal appeals court does not care if there were errors in the original proceeding: there must have been an error that had it not occurred, the original ruling would likely have been different.

The burden of proof that an injustice occurred in the original trial rests on the shoulders of the DC federal appellate lawyer who you hire to present your case. The Federal Practice Group has the necessary resources and experience with procurement law to meet the Court’s expectations. There is also a time-sensitive aspect to the appeals process, one which we understand and will act upon accordingly.