Federal Criminal Appeals

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FORMER CLIENT

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Federal Criminal Appeals: What Happens After You’re Convicted

Going to trial is a daunting task. When a trial ends in a conviction, it can feel like you’ve run out of options. However, the trial court doesn’t always have the final say. Depending on the circumstances of your trial, your next step may involve an appeal. At The Fast Law Firm, P.C., we have experience in federal and state trial work. That experience allows us to identify legal issues to raise on direct appeal. If you are criminally convicted in a federal district court, we will 1) diligently review your trial transcript to determine the appropriate issues to raise on appeal, 2) thoroughly research case law to support our arguments, and 3) write the best possible brief to file on your behalf.

The Federal Court System in New York

The federal court system is similar to many state court systems in that there is a hierarchy of courts. At the federal levels those courts are the district courts, the intermediate appellate courts, and the United States Supreme Court.

 U.S. District Courts

The trial courts in the federal court system are the United States District Courts. There are 94 district courts throughout the United States. New York has four district courts broken down by region:

  • Northern District of New York: This district has courthouses in Albany, Binghamton, Plattsburgh, Syracuse, and Uttica. 
  • Southern District of New York: What is now the Southern District of New York was one of the original courts established by the Judiciary Act of 1789. This district now has courthouses in Manhattan, White Plains, and Poughkeepsie. 
  • Eastern District of New York: This district has courthouses in Brooklyn and Central Islip. 
  • Western District of New York: This district has courthouses in Buffalo and Rochester.

U.S. Courts of Appeals 

When your case goes to trial at the federal level, it does so in one of the four district courts in New York. If your federal trial ends in conviction, you may be able to appeal your case to an intermediate appellate court. At the federal level, these courts are known as the United States Courts of Appeals. The U.S. Courts of Appeals consist of twelve regional courts across the United States. It also includes the U.S. Court of Appeals for the Federal Circuit, which has nationwide jurisdiction to hear specialized cases. 

The State of New York is one state under the U.S. Court of Appeals for the Second Circuit. The Second Circuit also hears appeals from district courts in Vermont and Connecticut. The role of the Second Circuit is to make sure that a trial in any of the four district courts in New York was fair and that the law was properly applied. The intermediate appellate courts only review what happened at trial, including the sufficiency of the evidence. No new evidence is introduced when a direct appeal is made. Also, witnesses do not testify before the U.S. Courts of Appeals. Instead, the intermediate appellate courts will review the trial transcripts for legal errors. Some common issues raised on federal criminal appeal include:

  • Constitutional violations: illegal searches and seizures, due process violations, issues regarding the right to confrontation
  • Ineffective assistance of counsel: defendants have the right to competent and effective counsel whether counsel is appointed or retained
  • Error with the law: the law was misinterpreted or applied incorrectly
  • Insufficient evidence: the trial transcript does not support the findings of the lower court

For most New York federal cases, the last stop is the U.S. Court of Appeals for the Second Circuit. The decision of this court is binding on the lower district courts. However, some cases have a slim chance of being heard by the United States Supreme Court.

The United States Supreme Court

The United States Supreme Court is the highest court in the nation. In order for a case to be heard before the U.S. Supreme Court, you must first file a petition for a writ of certiorari. The Supreme Court receives between 7,000-8,000 petitions for writs of certiorari each year. However, the Supreme Court has discretionary review, allowing them to decide which cases to hear. The U.S. Supreme Court typically hears 70-80 cases per year. For a writ of certiorari to be granted, at least four justices must agree to hear the case. The cases that do come before the Supreme Court often involve constitutional issues or have nation-wide implications. It is very rare for a federal appeal to make it all the way to the Supreme Court.

Filing a Federal Criminal Appeal in New York

The federal appeals process begins when a defendant files a notice of appeal. Once a judgment or order is entered by the district court, the defendant must file a notice of appeal within 14 days. This sets in motion the formal federal appeals process. Here’s what to expect once a notice of appeal is filed: 

  • Judgment: District Court (NDNY, SDNY, EDNY, or WDNY) enters judgment convicting defendant
  • Notice of Appeal: Defendant (now Appellant) files a notice of appeal within 14 days with the district clerk
  • Notice of Filing: District Clerk serves notice of the filing of the notice of appeal to the counsel for all parties
  • The Record: Appellant obtains the record from the district clerk to file with the circuit clerk. The record includes:
    • The original papers and exhibits filed in the district court
    • Transcripts of any proceedings
    • A certified copy of docket entries prepared by the district clerk
  • Brief Filed: Prepare a brief on the issues being appealed and file it with the Second Circuit
  • Oral Argument: Prepare for and attend oral argument, if oral argument is granted
      • In the Second Circuit, each side is allotted ten minutes or less, but additional time may be granted depending on the complexity of the case.
      • Oral arguments are typically heard before a three-judge panel.
  • Second Circuit makes their decision

Appellate Briefs

The brief is the heart of the federal criminal appeal. It is the document where the appellant addresses each of the issues with the trial in the district court. A good appellate lawyer excels at legal writing and research. The majority of appeals take place on paper, so it is necessary to state your case with clear and concise language. Appellate lawyers must also cite relevant case law to support their arguments. It’s essential that you hire a competent and experienced federal appellate lawyer to write the best possible brief for you. You want an attorney who can identify the legal issues with the trial, research relevant case law to validate your arguments, and write a clear and concise brief that will demonstrate to the Court of Appeals why you should be granted a new trial or why your conviction should be overturned. 

Second Circuit Decisions

Once the three-judge panel reads the briefs, combs through the record, and hears oral arguments, they will come to a determination. Typically, the intermediate appellate court will:

  • Affirm: If the intermediate appellate court agrees with the lower court, they will affirm the conviction.
  • Reverse: If they do not agree with the district court, the intermediate appellate court will reverse the conviction.
      • This may lead to a new trial, or in rare cases, to a dismissal.
  • Modify: If the intermediate appellate court agrees in part, but finds error, they may modify some part of the conviction.
  • Remand: A case will be remanded to the lower court to perform an action, including addressing a specific issue raised on appeal.

Direct appeals are not opportunities to re-try the case. The U.S. Courts of Appeals look at the district court records for legal errors, including misapplications of the law, insufficient evidence to support a conviction, and whether counsel was ineffective. If a new trial is ordered by the intermediate appellate court, then the appellant is given the opportunity to call new witnesses and introduce new evidence. 

Writ of Certiorari: The United States Supreme Court

In rare instances, the U.S. Court of Appeals for the Second Circuit is not the last stop in the appeals process. If your case raises a constitutional matter, then the U.S. Supreme Court may wish to grant your petition for a writ of certiorari. For federal criminal appeals, this often involves the Fourth, Fifth, and Sixth Amendments to the Constitution. These issues include:

  • Fourth Amendment: illegal searches and seizures
  • Fifth Amendment: right to remain silent, right against double jeopardy, right against self-incrimination, right to due process
  • Sixth Amendment: right to a speedy and public trial, right to confront witnesses, right to effective counsel

While these are certainly not the only issues the Supreme Court addresses, they are amongst the most common for federal criminal appeals.

Call The Fast Law Firm, P.C. Today

When it comes to filing a federal criminal appeal in New York, you want competent, diligent, and experienced attorneys. At The Fast Law Firm, P.C., our federal trial experience helps us identify any legal errors in your case. We are dedicated to thoroughly researching each issue to appeal and crafting the best argument for you. Call us today at 212-729-9494 for a free, confidential consultation.