NYC Federal Appeals Lawyer

NYC Federal Appeals Attorney

Once a trial is over and a defendant is convicted, they begin their sentence as ruled by the judge. However, that doesn’t have to be the end of the case. In the United States, most defendants have the right to appeal the decision of the judge or jury, but the appeals process can be challenging and overwhelming. If you’ve been convicted of a federal offense, an NYC federal appeals lawyer at The Law Office of Jonathan Savella can increase your chances of overturning your conviction.

Federal Appeals in New York

The federal appeals process in New York City has a rigid structure and procedures that must be followed in order to challenge decisions made at trial. First, there must be legal grounds for the appeal. In general, that means a foundation of legal errors that negatively impacted the defendant’s case or their constitutional rights. The procedures lay out how and where the defendant can argue that they did not receive a fair trial.

In NYC, federal cases are typically tried by the United States District Courts in the Southern District of New York, which covers Manhattan and the Bronx, or the Eastern District of New York, which covers Brooklyn, Queens, and Staten Island, depending on which borough the case was in. Common federal charges in NYC include:

• Drug trafficking and related charges between states or countries
• Terrorism
• Guns and firearms charges
• Customs and immigration violations
• White-collar crimes like money laundering, embezzlement, cybercrime, tax evasion, or corruption

Notice of Appeal

The first step in the federal appeals process is to file the Notice of Appeal with the United States Court of Appeals, housed in the Thurgood Marshall US Courthouse. There are thirteen appeals courts in the US, and the Second Circuit oversees New York, Vermont, and Connecticut. There is a strict 30-day deadline for criminal cases, although there may be some circumstances that warrant extensions, such as attorney error.

This notice starts the appeals process by stating that you are seeking an appeal of your sentence. It is fairly simple and includes basic information like the court and case number, your name, and sometimes, a summary of the grounds for appeal.

Gathering the Record

In a criminal trial, evidence is presented and argued. In an appeal, however, you and your attorney are looking for errors in the process and generally can’t introduce new evidence for your original case. An appeal argues that your trial did follow proper conventions. As such, the next step in the federal appeals process is to get all the transcripts, evidence, and arguments from the attorney for review. For example:

• Legal principles, statutes, and case law were applied incorrectly.
• Rules of the court were violated, such as mishandling or ignoring evidence.
• The sentence exceeds the legal maximum, or sentencing procedures weren’t followed.
• Violations of constitutional rights, like free speech, due process, or others, occurred.
• Incorrect instructions were given to the jury.
• The evidence did not support a guilty verdict.
• Unethical practices occurred from the prosecution or jury.

It is important to note that there is a very high burden of proof in an appeals case, and successfully appealing a verdict can be challenging.

Arguing Your Case

The next step is using the information from the trial to construct a legal argument and document how the errors had a negative impact on your case. From there, your attorney generally drafts a persuasive brief. This is a clear written argument that explains your legal reasons for believing that your case was unfair and led to a wrongful conviction. It is essential for the brief to be compelling, easy to understand, and based on legal principles.

Most appeals are decided on the legal briefs. However, in some cases, oral arguments may be heard before the Court of Appeals in order to further elaborate on the details of the appeal and clarify issues for the judge.

At this point, the judge will review the record, the briefs, and oral arguments, if there are any, and then make their decision. Possible outcomes include:

• Upholding the conviction. The judge reviewed all the information and agreed with the decision that was made at the original trial. When this is the outcome, you may be able to petition for review by the US Supreme Court in some cases. Only around 100-150 cases make it to the Supreme Court out of the more than 7,000 that request review every year.
• Overturning the conviction. The judge generally dismisses the charges against you.
• Ordering a new trial. The judge feels a new trial is warranted with a new judge and jury to rectify issues in the original case.

FAQs

Q: How Much Does a Federal Appeal Lawyer Cost?

A: The cost of hiring a federal appeal lawyer depends on several factors. These include the complexity of the original case and appeal, the number of issues in the appeal, the attorney’s experience and hourly rate, and how long the appeals process takes. Make sure to discuss fees and fee structures when you consult with a federal appeal lawyer.

Q: What Is the Success Rate of Federal Appeals?

A: Approximately 9-10% of federal appeals cases overturned the lower court’s decision. There are many factors that influence this, including the high burden of proof, the inability to provide new evidence, and the fact that most federal cases that go to trial have extensive documentation, which makes it even harder to prove that any errors in the trial process unduly influenced the outcome.

Q: Can Any Lawyer Take a Federal Case?

A: No, not any lawyer can take a federal case. In the same way that a lawyer from one state may not be able to represent you in another, state and federal districts are different jurisdictions, so only lawyers admitted to the federal district court are eligible to represent cases there.

Q: What Is the Difference Between an Attorney and a Lawyer?

A: The difference between an attorney and a lawyer can seem subtle but has a big impact. Both terms refer to someone who has graduated law school, but an attorney is a more specific term that means they have passed the bar exam, have a license, and are authorized to represent clients in legal proceedings.

Experience Matters in Federal Appeals

The Law Office of Jonathan Savella can help you navigate the tricky process of federal appeals and craft a convincing legal argument in your case. Contact our office today for help with your federal appeal.