Guide to the Federal Criminal Appeals Process

A conviction at trial is not the end of the road for many defendants. Most have the right to file an appeal of their conviction or sentence. However, federal criminal appeals are difficult to win, and defendants should consider whether they have valid grounds to raise before the appellate court.

Appeals are not new trials. Instead, a panel of judges will review the proceedings in the trial court to see if the judge made any errors or if the jury’s guilty verdict was supported by evidence. William G. Yarborough, an experienced Greenville federal crime lawyer, explains more about the federal criminal appeals process in this article. Contact our office to schedule a consultation.

Kicking Off an Appeal: Filing a Notice of Appeal

A defendant files a federal appeal if they are convicted in federal court. The state courts have their own appeals process.

The federal appeal process begins by filing a Notice of Appeal in the district court, which is the trial court. You have 14 days from the date the judgment was handed down.

Why do you file in the trial court and not the Court of Appeals? The district court has all the materials that are needed for the appeal. The court will gather transcripts, motions, rulings, and evidentiary exhibits and send the entire record to the appellate court.

Drafting a Brief: Explaining Errors in Your Case

The purpose of filing an appeal is to point out legal errors made in your trial. You are doing more than simply saying you are unhappy with the conviction. A general accusation that the trial “wasn’t fair” also isn’t enough.

Instead, defendants must identify specific mistakes made, usually by the trial judge. These are mistakes that robbed you of a fair trial. Some of the most common mistakes that get raised on appeal include:

• Failing to suppress evidence. The police might have performed an illegal search or seizure. You can ask the trial judge to suppress the evidence. If the judge refused, you might argue that the introduction of the evidence violated your constitutional rights.
• Admitting inappropriate evidence. A judge might have admitted hearsay statements or unauthenticated documents in a trial. If you believe they likely prejudiced you, then you can ask for a new trial.
• Limiting your right to raise a defense. The judge could have refused to let you admit certain evidence that was critical to your defense. For example, you might have wanted an alibi witness to testify, but the judge didn’t think they had relevant evidence.
• Giving erroneous jury instructions. Jury instructions should accurately and adequately explain the law. Surprisingly, some judges submit improper instructions to the jury, which usually requires a new trial.

You also need to convince the appellate court that the mistake was harmful. The appellate court might agree that the judge wrongly admitted evidence, but conclude the evidence of guilt was overwhelming.

Sometimes a defendant argues that no evidence supports the verdict. That’s a hard argument to make. The appellate court is very deferential to a jury’s verdict, but it’s sometimes the case that the federal prosecution failed to prove a critical element.

These briefs require extensive familiarity with federal criminal law and procedure. The court wants citations to specific cases that are on point, as well as a summary of the facts from the record below. The court will set a briefing schedule. The defendant submits the first brief, which the government responds to. Then the defendant gets the final word with a reply brief.

Raising Other Issues on Appeal

Not all appeals turn on errors a judge made. Defendants might also argue:

• Ineffective assistance of counsel. Your lawyer might have failed to provide a minimum level of competent representation. For example, they could have overlooked obvious flaws in the state’s case or failed to challenge certain evidence. You can ask the appellate court to vacate a conviction.
• Defects in the charging document. The indictment could have been defective in some way, which might require a reversal of a guilty verdict.
• Jurisdictional issues. The charges might have been brought in the wrong court, which means your conviction shouldn’t stand.

Regardless of the issues raised, appellate judges require a high level of research and legal reasoning. Constitutional law is always developing, and a good lawyer stays on top of these developments when bringing an appeal in federal court.

Challenging Your Sentence as Too Harsh

Can you appeal a federal sentence? Yes. Some defendants argue that the judge imposed a sentence that is harsher than what the law allows.

Federal sentencing is notoriously complex. However, the judge might have failed to consider relevant facts, or the judge failed to follow the guidelines. If the appellate court agrees, it can send the case back down for resentencing. The guilty verdict stands, but the trial court must take another crack at sentencing you.

Presenting Oral Argument

Most federal courts will schedule an oral argument unless the court agrees that there are no legitimate issues raised. Your attorney appears before a three-judge panel, which can pepper the lawyer with questions. The government will follow and respond to the arguments made.

If a defendant represents themselves, then they can have the opportunity to answer questions. This type of argument requires detailed preparation. It is not a trial, and witnesses do not testify. Instead, judges ask questions based on the briefs submitted and the legal arguments raised.

Receiving a Decision

The appellate court does not render an immediate decision. Instead, they retire to discuss the case in conference. Remember, three judges are hearing the case, and they vote. The judges then issue a written decision, which usually comes out several months later. Harder cases with complicated legal issues could take a year or more.

We Can Help with an Appeal in Federal Court in South Carolina

William G. Yarborough can handle any federal criminal appeals. He knows the federal appeal process, including all deadlines. He has crafted numerous briefs in support of clients convicted in federal court. You can trust our office to find as many valid legal issues to raise. Call our office at 864-808-6871 to learn more. We have helped those in the 29609 zip code and nearby communities.