Federal Criminal Appeals
Federal Criminal Appeals
What is a Federal Criminal Appeal?
When a person goes to trial in federal court, a federal district court judge conducts the trial. The district court judge makes important decisions that can have a big impact on the outcome of the case. For example, district court judges decide motions to suppress evidence, evidentiary objections at trial, and motions to dismiss the case. In the event a defendant is found guilty, the district court judge calculates the United States Sentencing Guidelines, and determines the type and length of the defendant’s sentence.
Even if a Defendant chooses to plead guilty without going to trial, district court judges still must calculate the United States Sentencing Guidelines, and determine the type and length of the defendant’s sentence.
Federal district court judges, like all human beings, sometimes make mistakes. Therefore, there is an appellate process in place so that federal appellate judges can review decisions made by the federal district court judges. This process is designed to ensure that all defendants receive a fair trial and sentence.
Do All Federal Defendants Have A Right To Appeal?
Unless a defendant has waived his or her right to appeal in a plea agreement, he or she has the right to appeal.
How Does The Federal Appellate Process Work?
The federal appellate process begins when the defendant or his attorney file a notice of appeal with the federal district court clerk. The notice of appeal must be filed within 14 days the entry of the final judgment.
Then, the appellate court will set a deadline for the defendant’s initial appellate brief. After the attorney for defendant files the initial appellate brief, the attorney for the Government will then have the opportunity to file a brief in response. Then, the attorney for the defendant gets another chance to write a response to the Government’s brief.
A panel of three appellate judges then review all the briefs and court records in order to decide if the district court judge made any errors during the case, and if so, how those errors should be remedied. Sometimes, in order to help them make their decision, the appellate judges will require that the attorney for the defendant and the attorney for the Government appear before them for an oral argument.
Are you looking for the best federal appeals lawyer in Tampa Florida? Contact Attorney David C. Hardy.
Tampa Attorney David C. Hardy is a former prosecutor that now represents people in matters related to federal criminal offenses.
Attorney Hardy is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. In the Federal Courts, he has handled a wide variety of cases including international extradition, drug trafficking, bank fraud, health care fraud, immigration offenses, aggravated identity theft, the misbranding of drugs, and firearms offenses. He has represented clients in Federal Trial and Appellate Courts in Florida, Texas, and Georgia.
Attorney Hardy has the knowledge, skills, and experience to guide you through this process and obtain the best possible results. Contact Attorney Hardy for a free consultation.