A person’s rights do not end after a conviction. The rules of procedure in U.S. District Courts allow people convicted of charges to appeal this conviction. However, this appeal is not automatic, and a person cannot file an appeal for just any reason. There are specific rules governing when someone can file an appeal and establishing the criteria under which an appeal is appropriate.
A Lawrence County federal appeals lawyer can work with people recently convicted in U.S. District Courts to evaluate their cases and to file appeals that fit the established rules. To discuss your case and whether there may be grounds for an appeal, consult with a federal defense attorney with our firm today.
Federal Appeals ProcessThere are specific rules governing when and how someone can file an appeal. According to Fed.R.App.P. 4(b), both a person and the government can file an appeal of either a final judgment or a specific ruling of the Court. However, anyone wishing to file an appeal must submit a notice of the intent to appeal a decision within 14 days after that decision.
This rule can set the time limit for an appeal to expire even before an initial trial. For example, a person or their Lawrence County federal appeals attorney may move to exclude a specific piece of evidence before a trial even begins. If the court denies this motion, an individual must file an intent to appeal this decision within 14 days, even though the trial has not yet begun. If a court convicts someone at trial, they have 14 days from the entering of a guilty finding to file their appeal. Under limited circumstances, these rules can change, but for the most part, if the time limit passes, the court will dismiss the appeal.
Reasons for an Appeal in Lawrence CountyA person cannot appeal a conviction by arguing that the case simply turned out wrong. They cannot argue that the jury interpreted evidence incorrectly, or that the trial did not go as they anticipated. Instead, the individual or their Lawrence County federal appeals lawyer must argue that there was an error in the procedure of their trial.
A common method to file these appeals is to argue that a plain error of law inflicted harm upon the person. For example, someone may argue that they were not allowed proper examination of all jurors prior to them being placed on a jury. If this appeal is successful, the case may go back to the District Court for a new trial.
Less common, but no less effective grounds for appeal include:
A conviction in a federal case does not mean that the person is out of options. In some situations, their conviction rests upon abuses of the law or after an unfair trial. The rules controlling how and when someone can file an appeal are strict but do allow people some recourse after receiving unfair treatment.
A Lawrence County federal appeals attorney can work with individuals to quickly analyze their cases and file appeals to give them the best chance of a favorable result. Most appeals must be filed within 14 days of the court’s decision, so time is short; contact an attorney immediately for a consultation. Call today.