Federal Appeals Lawyer
While a conviction in federal court might appear to be a done deal, this is far from the truth. Many court verdicts, including federal court verdicts, can be appealed with favorable outcomes. If a court made an error in your case and you were wrongfully convicted, you have the option of appealing and challenging the original decision in appellate court. Our federal appeals lawyer here at The Matassini Law Firm, P.A. has the required knowledge and expertise to work both as a trial and appeals attorney, and will aggressively pursue justice in your name.
Why Appellate Courts Exist
The criminal justice system is not perfect. Sometimes, judges make mistakes. Other times, jurors or prosecutors are guilty of misconduct, or a defendant’s own defense lawyer is woefully unprepared or inexperienced. Thankfully, there is a safety net built into the system. Appellate courts allow those who were wrongfully convicted to appeal the decision and expose the errors that would otherwise put an innocent person behind bars.
How The Federal Appeals Process Works
Generally, you have 30 days to file a Notice of Appeal once from the entry of judgment or court order being appealed. This must be filed with the appropriate appellate court and done in a timely manner. Any delay or error in documentation can spell disaster for your chances of successfully changing the court order. Once the Notice of Appeal is filed, the court will prepare the record on appeal. Next comes filing the appellate brief, which includes the legal arguments and errors that occurred in the original trial. In many cases, there will also be an opportunity for oral arguments, which you and your attorney will attend to further your case.
What Are Examples of Court Errors?
Not all federal court orders can be successfully reversed in appellate court. You must be able to prove that errors were made, and that these errors affected the outcome of your case. A “harmless” error is an error that has no impact on a court decision. As such, a harmless error will not be able to reverse the court order—only substantial or material errors have this power. Substantial and material errors and misconduct can be made by your attorney, the judge, or the jury. Examples of errors and misconduct include:
- Improper admittance of evidence
- Improper exclusion of evidence
- Ineffective assistance of counsel
- Incorrect jury instructions
- Violations of Constitutional rights
- Excessive punishment
- Lack of sufficient evidence to support a guilty verdict;
- Jury misconduct
- Procedural violations
- Communication between the jury and witness, or witnesses and counsel
- Bias during jury selection
- Prosecution errors
- Violation of due process
Call a Federal Appeals Lawyer Today
Not all criminal defense lawyers or law firms are equipped to handle a federal appeals case. At The Matassini Law Firm, P.A., we have the resources to take on these types of cases and win. Our federal appeals lawyers have over 75 years of combined experience, are former prosecutors, and have assisted past clients in reversing federal court decisions. Call us today at 813-217-5715 to schedule a free consultation.
