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Federal Appellate Lawyer DC
When you are preparing to file a federal appeal for a conviction or verdict that you do not agree with, you should have an experienced federal appellate lawyer DC trusts on your side. Without the right law firm to help you, you could risk consequences that may have a domino-like effect in your life for decades to come. If this is not something you’re ready to face, call The Federal Practice Group, to speak with a federal appellate lawyer in DC now.
Meet The Federal Practice Group
At The Federal Practice Group, our DC federal appellate lawyers have the necessary knowledge, experience, and skillset to represent clients who have been accused of white-collar crimes, violent crimes, theft, and other criminal activities. In the event of a conviction, we are ready and able to file an appeal with the intention of seeking post-conviction relief; such as an acquittal, dismissal, or reduction of the sentence. By choosing our federal appellate lawyers in DC, you can feel peace of mind in knowing we:
- Put your interests first
- Will protect your rights
- Are on your side
- Will work hard to get you results
- Are known for our due diligence
We also have a sound reputation in the DC area as being some of the best federal appellate lawyers. To learn more about our services and whether or not we can help you, please call The Federal Practice Group, to arrange a consultation. During this time, you can explore your legal options, ask questions, and begin to make a decision on how best to proceed.
Understanding a Federal Criminal Appeal
It is a common misconception that a federal criminal appeal is the same as a retrial. This is not true. Furthermore, it is not a rehearing of evidence that may have had a role in the conviction. Rather, a federal criminal appeal is a special legal proceeding that involves a DC federal criminal appellate lawyer who will file a brief at the District Court. The brief will layout legal errors that were made during the original trial.
What You Should Know About the Federal Appellate
Your DC federal appellate lawyer will handle a large part of the appeal through writing and filing various documents rather than court appearances.
- During this process, there will be no requirements to take the witness stand; nor is there any jury.
- At this time, no new evidence is to be submitted. Rather, the District Court will review the brief and attempt to resolve legal issues that have been presented.
The Speed of the Federal Appeals Process
In general, filing a federal appeal will take time. If you have been sentenced to prison, you may have to serve your time while you wait for another outcome. It is understandable that you want things to go as quickly as possible, and with the right federal appellate lawyer in DC on your side, you can ensure the right steps are taken to ensure a hastey process.
To know more about filing an appeal, please call a DC federal appellate lawyer now.
Frequently Asked Questions About the Federal Appeals Process
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.