When the government of the United States convicts you of a federal crime such as bank robbery, insurance fraud, or embezzlement, your case is heard in one of the 94 district courts around the country. Your district court hearing will take place near where the government claims you committed the offense.
If you are convicted of a criminal offense in district court, you and your federal crimes defense attorney have 14 days to file a petition to have your case heard by the appeal courts. In civil proceedings, defendants have 30 days to appeal the district court’s ruling. Keep reading to learn about common reasons for appeal and contact Chambers Law Firm at 714-760-4088 if you are facing federal charges.
Reasons for appealing district court rules
Prosecutors and judges in district courts are human, and they may make mistakes just like anybody else. You have the legal right to appeal any mistake that has a significant impact on the result of your criminal case. The following are some of the most common reasons for appealing a district court decision:
- Improper police, prosecution, jury, or judge processes that infringed on your right to due process under the law.
- The district court ruled against you due to intentional or inadvertent faults on their part.
- New evidence has surfaced that may have led to the dismissal of your charges by a district court judge.
- Due to a misreading of the pre-sentencing report or a judge’s predisposition against those convicted of your specific offense, the sentence handed down is unjustly severe.
- You were imprisoned without cause and without legal reason. The incarceration might have resulted from something as little as a clerical error or from any party engaged in your prosecution for some form of misbehavior.
The most crucial thing to remember about appellate courts is that they do not consider fresh material or cases. The appeals court’s primary function is for a judge and jury to assess whether the district court followed proper legal procedure while hearing your case and finding you guilty of a crime. The only exception is if new information comes to light after your district court hearing that might lead to the US withdrawing its case against you.
How to submit a federal appeal
The next step is to submit an official notice of appeal when you and your attorney have chosen to appeal a district court ruling. The notification must be filed with the district court that handled your case, depending on the legislation of the state where the alleged crime occurred. In certain states, you must submit your notice of appeal with the appellate court immediately.
Your next step is to contact Chambers Law Firm at 714-760-4088 for a free legal consultation.