When it comes to federal criminal appeals, it can be very confusing for anyone who is dealing with it. In fact, sometimes even the lawyers are mystified by the process of these appeals. The reason behind that is federal appellate is designed to distant the case more from the defendant and his lawyer and most importantly, the public. Most of the decisions and discussions happening in the federal appellate courts are taking place in secrecy. Only a few hearings that happen weekly or monthly are the ones that are held out of that secrecy. But what is the reason behind all this secrecy? In this article, I have shared some important points that will help attorneys and laymen understand federal criminal appeals. Defendants ask all kinds of questions from their lawyers when they go for a federal criminal appeal. And sometimes, the lawyers do not have all the answers. Let’s have a look at some important points that will help you understand more about federal criminal appeals.
It is Not a Retrial or an Evidence Rehearing
When a defendant goes for a federal crime appeal, the first thing they think about is that the evidence and all the development made during the trial will be in play once again. That is not the case at all. Make no mistake; it is not a rehearing; it is an appeal. Also known as a direct appeal, a federal appeal is completely different from a trial, and its proceedings are done in written form mostly. A direct appeal is only possible when the defense has a legal ground to challenge the decision of the court. Lawyers go for a federal criminal appeal when they have reasonable doubt or proof that there were legal errors made during the trial. Appellate courts are not the courts for which public records are kept. There is no press, witnesses or a jury. The evidence material of the case is also sent directly to the appellate court, where it can be examined by the court just to make sure of things. There is no new evidence added during this process. Whatever the final record of the original hearing was, it is barely impacted by the federal crime appeal.
There Is a Difference between an “Appeal” and “Notice of Appeal”
Another misconception a lot of people make about the federal appeal is that they confuse a document called the notice of appeal with the actual appeal. There is a big difference between both of these. A notice of appeal is a small document that the appealing party submits initially. The purpose of this document is to make both the courts aware of the fact that the party is going to challenge the decision. Legally you have to submit the notice within ten days of the hearing. If you fail to do that, you will not be able to appeal. But there is no need to panic; the ten days are only for filing for the appeal, you can sort other things later. You will also need to retain your lawyer so you can file the appeal. The case becomes tough and requires more hard work after the filing of the notice of appeal. So, there is a chance your lawyer may not want to continue. In that case, you will have to hire another lawyer. You can hire any Los Angeles Criminal Lawyer who has had experience with such criminal cases. Do not waste too much time deciding which attorney you want to hire. In case your previous attorney has parted ways, and you have not hired a lawyer, you can do your own research through the internet and can file the appeal yourself.
The Process Is Very Slow
If you are someone who likes getting things done quickly, the appellate court will disappoint you big time. The cases move very slowly in these courts for several reasons. The court is crowded because a lot of appeals are being filed all the time. The nature of a federal criminal appeal is also such that it demands a fair amount of time. However, the process has fastened up in the past few years with the introduction of technology. Now the legal research is done with the help of the internet instead of a library. The courts have started to accept e-briefs as well, which has also improved the speed of proceedings. But the bottom line is that machines cannot replace humans in all aspects. Your case is handled by a number of judges who would like to do their own research for better understanding so they can reach a conclusion. The same judges are handling several other cases as well. So considering that the judges are also human and can do only so much work, it is understandable why the process is so long. The case can go on for months and sometimes even a year or two.
Most Appeals Are Determined Based on the Brief
Around 3 out of every 4 cases in the appellate court are solved based on the brief. This means your lawyer needs to be very careful with the brief. If you are not aware of what brief is, here is how you can understand it. A brief is a document that the appealing party files you and its purpose is to establish a valid ground for a federal criminal appeal. The brief should have all the objectives of case based on which you will make an argument about what legal errors were made in the case. You will also need to provide citations in brief. You will also have to cite the transcript of the trial or the evidence in the case. Also, it is very important to file a citation for an old case in which the appeal helped sort things out in a similar manner. Similarly, the opposition party will also file a similar kind of brief supported by the facts of the case and the citations. The goal of the defending party is to justify the verdict with their brief. Once they have also submitted their brief, the appellant has the right to file a reply to that as well. Then the further decisions are made by the court based on those three briefs. In the US, the old cases matter a lot, and if the same thing happened before in the court, it could increase the chances of your win. So make sure that you conduct proper research and unearth any piece of information that can support your appeal.
You Can Make Oral Arguments As Well
As mentioned earlier, the decisions on most of the appellate cases are made based on brief, which means no court appearances are made during the case. A good lawyer will always make sure that he does everything to make sure that a court hearing is established and he can make his argument orally. It does not mean that you cannot win without an oral argument. A lot of the lawyers have won these appeals without ever going to court. But making an argument in court is always better. The judges will be able to read the transcripts of trials and the briefs but they will still have a lot of questions in their mind. Those confusions can only be answered by the lawyers, who can present their argument in the court. But how can you persuade the court to hold a hearing? That can be done by writing an excellent brief that raises all the valid issues and focuses on the main aspect of the case. A counselling of the lawyers is done before that hearing and it is made clear that what questions can they ask and what they cannot. It will also depend on the court if they will hear your arguments or will ask a list of questions that they want to be answered. Either way, it is a good chance for you to make a case.
The Appeal Is Not the End
When it comes to post-conviction cases, a federal criminal appeal is not the end of your case. In fact, it is the start! There are a lot of options that you will still have after the appeal is decided. Any party can take action for further proceedings once the result of the appeal is announced. All appellate courts have different procedures for post-appeal processing. Some courts allow you to apply for a rehearing in which the decision of the appeal can be challenged. You can also apply for a petition that instead of a panel of three judges, the entire court should decide on the appeal. The process after these appeals and petitions is also very lengthy. But the crux is that you should not be disappointed if your appeal is rejected. You still have numerous channels through which you can make your case heard. Just make sure that you challenge the appeal as soon as possible because the time window is very small. You should also consider hiring an attorney who specializes in appellate court dealings.
