It Is Difficult – But Not Impossible – to Appeal a Federal Criminal Conviction

One of the 94 district courts across the nation will hear your case if the federal government convicts you of a federal offense like bank robbery, insurance fraud, or embezzlement. The location of your district court hearing will be close to the alleged crime scene.

If you are found guilty of a crime in district court, you have 14 days to petition the appeal courts to hear your case with the assistance of your federal crimes defense lawyer. Defendants have 30 days to appeal the district court’s decision in civil cases. If you are facing federal charges, continue reading to learn about common grounds for appeal and call Chambers Law Firm at 714-760-4088.

Appeals Of District Court Decisions

District court prosecutors and judges are much like everyone else; they can make mistakes. You have the legal right to challenge any error that materially affects the outcome of your criminal case. Some of the most popular explanations for challenging a district court ruling include the following:

  • 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 important thing to keep in mind concerning appellate courts is that they do not take new evidence or cases into consideration. The appeals court’s main job is to determine whether the district court followed the rules of evidence when it heard your case and found you guilty of a crime. The sole exception is if fresh information surfaces during your district court proceedings that could force the US to drop its charges against you.

Exactly How to File a Federal Appeal

When you and your attorney decide to appeal a district court decision, the next step is to file an official notice of appeal. Depending on the laws of the state where the alleged crime happened, the notification must be submitted to the district court that handled your case. In some states, you must promptly file your notice of appeal with the appellate court.

Call Chambers Law Firm at 714-760-4088 to schedule a free legal consultation as your next move.

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