Federal Criminal Appeals

The process of a federal criminal appeal isn’t the same as a regular criminal trial. Appeals happen in a special appellate court where your trial testimony is reviewed and carefully analyzed for any kind of legal error. If legal errors are found, an appellate court can reverse your conviction. This reversal may end the case favorably for you. However, the appellate court may order that your case be tried again, which maybe  a step toward a more favorable outcome but also puts you at risk of enduring another guilty verdict.

Trial testimony in federal appellate court doesn’t involve actual witnesses or the admission of new evidence; instead, the court reviews the transcripts of the previous trial, as well as all legal briefs prepared by the defense and the prosecution, to ensure that your case was handled fairly and legally.

Occasionally, the court may hear additional arguments during this review. An appeal doesn’t guarantee that your verdict will ultimately be reversed; however, some cases that go to appeal are completely dismissed. Unless he or she pleads guilty or waives his or her right to appeal via a plea bargain, every defendant has the right to appeal an unsatisfactory criminal verdict.

When it comes to tax fraud, SEC violations, criminal or civil forfeiture, white collar crimes, racketeering (RICO), you need a knowledgeable attorney who can successfully fight for your rights in state and federal court. If any error was committed by the court system that affected the ultimate outcome of your case, we may be able to reversed or overturned your conviction. You must consult with us as soon as possible!

What you should know about state and federal appeals:

• You must file your notice of appeal immediately after sentencing (you will only have a few days) for an appellate court to even consider it. Failure to file a timely appeal may cause you to lose your right to appeal.
• In the criminal trial proceeding, if you believe any legal error was committed regarding your case, you must contact an experienced criminal appellate lawyer to object to the error immediately. If you do not give the court the opportunity to correct the mistake before final judgment, the court might not consider your request to appeal.

There are a number of confusing rules and stringent time constraints to consider when it comes to presenting a successful appeal. Never handle these details by yourself!

Our Florida law firm has secured notable jury verdicts and appellate victories in a wide range of criminal law and civil cases. We have the experience, legal know-how, and confidence to meet these challenges head-on.

We encourage you to choose us based on our commitment to thorough, creative and carefully tailored trial and appellate representation. Contact Charles B. Lembcke, P.A. at (877) 355-5467.