Criminal Appeals Attorney

Individuals convicted of federal crimes are often sentenced under mandatory minimum guidelines that impose lengthy prison sentences and steep fines. However, federal law allows those convicted to file appeals with a federal appellate court to try and have their conviction overturned.

The federal criminal appeals process can be overly complex and challenging, even for highly trained attorneys. Due to the complicated process of filing a federal criminal appeal, defendants need a skilled defense lawyer with extensive experience dealing with the court of appeals.

Aggressive Legal Representation to Help Clients Win Federal Criminal Appeals

Watson Kuhlman, LLC is a criminal defense law firm with extensive experience handling cases in federal district and appellate courts. These courts have distinct rules and procedures that differ from state courts. Attorney Myron Watson and his dedicated staff have defended clients across Ohio who have been accused of federal crimes, including meth charges, drug conspiracy, bank robbery, and white-collar crimes. After representing hundreds of Cleveland-area families, our defense team is known for their experience and dedication and has the respect of other defense attorneys and area prosecutors. Our Cleveland criminal appeal attorney can explain the procedural differences, the consequences of a high-level case, and how to assist you.

If you or someone you know has been convicted of a federal crime and is seeking to overturn your criminal conviction, contact our team immediately.

Federal Criminal Appeals in Ohio

Federal criminal charges are processed differently than state crimes. Minimum sentences are often stiffer, and rules related to what evidence can be used can differ. The only way to offer effective representation and tough defense in federal court comes from experience.

The purpose of a federal criminal appeal is not to argue that a client is guilty or not guilty. Instead, the defendant’s attorney will use their appellate brief to focus on legal or procedural errors that occurred in the lower court.

Considerations in the Federal Criminal Appeals Process

Several other important factors that individuals should keep in mind about how federal criminal appeals work include:

Each case brought before the federal court of appeals is heard by a panel of three judges
The panel of judges has the option to rule that a new trial be held or that the original decision be amended
No new evidence can be submitted during the appeal process
Not every legal error that occurred during proceedings in the trial court warrants a criminal conviction being overturned

One of the most critical aspects of filing federal criminal appeals is choosing the right lawyer. If a defense attorney successfully makes oral arguments that support your reason for appeal, the appellate court may reverse the conviction. However, a reversal does not mean you will not be found not guilty. Instead, a new trial will occur due to mistakes in the initial trial.

Contact our Ohio criminal appeal lawyers today to schedule a meeting to learn more about our legal services. Our attorney, Myron Watson, has almost 30 years of experience and will fight to protect your rights.

What is the Federal Criminal Appeals Process?

If you have been found guilty in federal court, you have the right to challenge the outcome through the appeal process. Filing an appeal allows a higher court to review the trial court’s decision to determine if errors impacted the fairness of your trial or the legality of the proceedings. This process can be a crucial step in seeking justice after a federal conviction.

Filing an Appeal in Federal Court

The first step in the appeal process is for the defendant’s attorney to file the necessary paperwork with the Sixth Circuit District Court of Appeals. This notice of appeal informs both the trial court and the prosecution of the defendant’s intention to seek a review.

The appellate lawyer will then draft an appellate brief that outlines any legal or procedural errors that occurred during the trial. This document argues why the conviction should be overturned, whether due to violations of the defendant’s constitutional rights or mistakes in the trial court proceedings. The brief is critical, as it forms the foundation for the appellate court’s review.

How Federal Appeals Operate

Federal courts operate under different rules and procedures than state courts in Ohio. Navigating these distinct requirements demands a thorough understanding of federal trial court proceedings and the complexities of the appeal process. A skilled appellate lawyer can help ensure that your case is presented effectively to the appellate judges.

Protecting Your Rights with Watson & Kuhlman

At Watson & Kuhlman, we are committed to defending the rights of individuals who seek justice through federal appeals. Our Cleveland criminal appeal lawyers work diligently to identify errors in the trial process, uphold your constitutional protections, and fight for a fair outcome.

If you are considering a federal appeal, contact our Cleveland law firm today. We will review the details of your case and discuss the legal options available to you.

What Does A Criminal Appeal Mean For Me?

A guilty verdict is not the end of your case. You have the right to file an appeal and may want to seek a review from a second set of eyes. Individuals generally have 14 days from the date of sentencing to file Ohio federal criminal appeals. However, specific circumstances will extend the deadline if the federal court of appeals finds “good cause” or “excusable neglect” for circumstances out of the defendant’s control.

Additionally, the federal criminal appeals process takes considerable time to work through the court system as it requires an extensive review of all trial records, including oral arguments and written briefs.

Issues That May Require a Federal Criminal Appeal

Some of the issues that may require an appeal are:

A mistake in how the law was applied to the facts of your case
Evidence that was admitted but should not have been
Ineffective assistance of counsel from an attorney who failed to identify or submit evidence that would have benefited your case
Failure to properly advise the defendant of the consequences of a guilty plea

Not every Ohio criminal defense lawyer is qualified to handle a federal appeal. Therefore, it is always best to seek legal representation from an attorney well-versed in federal law and aware of the differences between state and federal appellate courts.

Because the rules and timelines for appeal are stringent, it is essential to speak with our lawyers as soon as possible. Watson Kuhlman, LLC has highly experienced defense lawyers with a proven record of success in appeals involving federal criminal law and would be honored to review the facts of your case.

Can a Criminal Defendant Hire a Different Lawyer to Handle Their Federal Criminal Appeal?

A common question many criminal defendants ask is whether they can hire a different attorney other than the one that represented them at trial to handle their federal appeals. The answer is yes; using the same trial lawyer to help you file a federal criminal appeal is generally not a good idea.

Defendants should hire new attorneys because many trial lawyers are unqualified to handle federal appeals. Federal appeals attorneys have experience drafting legal briefs and presenting oral arguments in front of appellate court justices, whereas most trial attorneys lack the same skills.

Additionally, if one of your arguments is that you received ineffective assistance of counsel from your trial attorney, it makes sense that you want another attorney to represent you. Ineffective assistance of counsel constitutes a violation of a defendant’s Sixth Amendment right to effective legal representation.

Regardless of why you are appealing the verdict on your federal criminal case, you need an attorney who is confident, articulate, and unafraid to present oral arguments in front of appellate court judges.

Contact our law office to speak with a Cleveland criminal appeal attorney who will gladly review the facts of your initial trial and determine what legal options may work in your favor.

How Do Federal Judges Make Their Decisions About Appeals Cases?

Many individuals believe that if their case goes to a federal court of appeals, they are essentially getting a new trial. In reality, the panel of three judges only must determine whether the trial court committed legal errors or somehow violated the defendant’s constitutional rights.

Once a criminal defense attorney has filed a notice of appeal, the trial court and prosecution are informed of the defendant’s intention to appeal their conviction. In addition to the notice of appeal, a defense lawyer must also file a docketing statement and a request for the lower court to provide a record of the trial proceedings.

A defense attorney files an appellate brief that argues why the federal conviction should be reversed but does not address whether the defendant is not guilty. The defense attorney may only make arguments based on court records and transcripts.

The prosecutor also has the opportunity to file a merit brief arguing against the conviction being overturned. After a defense attorney has had the opportunity to refute the prosecutor’s arguments by filing a reply brief, the case is scheduled for oral arguments.

During oral arguments, both the prosecutor and defense attorney present arguments to the panel, during which the judges have the opportunity to inquire about both parties. After oral arguments are completed, the three-judge panel conducts research on the legal issues presented and then discusses the case with one another. After the panel has concluded its work, a decision is announced and also explained in written form.

Due to the complexities of writing appellate briefs and presenting oral arguments before the three-judge panel, anyone wishing to file a federal appeal must have an experienced lawyer to ensure the process goes as smoothly.

What is the Next Step if the Appellate Court Sends My Case Back to a Trial Court?

If the panel of three judges finds sufficient reason to believe that a defendant did not receive a fair trial based on legal or procedural errors, the case will be “remanded” or sent back to the trial court.

When the appellate court decides on the specific errors that occurred during the initial trial, it will also give instructions on how to correct these mistakes. Depending on the appellate court’s instructions, the trial court may be required to hold a new trial.

A new trial means starting all over again to ensure the defendant’s constitutional rights are not violated or the same procedural errors do not occur. Additionally, both sides may introduce new testimony or evidence.

Even though it may seem like a victory for the defendant if a case is remanded back to the trial court, it is essential to remember that a new trial in the lower court may still result in the same outcome.

For this reason, if you are a defendant dealing with any matter being heard in federal court, you must have an experienced lawyer fighting for your rights. Our Cleveland criminal appeal attorneys are passionately committed to helping clients through every step of the appeals process from start to finish. Our skilled legal representatives will work hard to help you obtain a favorable outcome.

What Does a Federal Criminal Appeals Lawyer Do to Help Clients?

You can file an appeal if you have been convicted of a federal crime and believe the sentence was unjustly imposed or that legal errors occurred, such as the jury being improperly informed about sentencing guidelines. Individuals convicted in federal courts can appeal to have their case heard by a panel of three appellate judges who will review it.

However, even though the federal criminal appeals process may seem relatively straightforward, it is complex and challenging to navigate without the help of a skilled appeals lawyer.

Benefits of Working With Watson Kuhlman, LLC

Some of the most beneficial advantages of hiring a federal criminal appeals lawyer include:

Have an in-depth understanding of federal laws and the various procedures that must be followed in federal appellate courts
Identify legal errors that occurred during the trial, such as mistakes made by the judge or prosecutor that could lead to filing an appeal
Draft well-written legal briefs that clearly express the grounds for an appeal
Present persuasive legal arguments to the appellate court
Present an oral argument in front of appellate judges
In rare high-profile federal criminal cases, present legal arguments to the Supreme Court on behalf of their client

When determining who should handle your federal appeal, you must choose a criminal appeals lawyer who understands the nuance of federal court and knows what it takes to obtain results. Suppose you are a criminal defendant convicted of a federal crime. In that case, you only have a limited time to file your appeal, so it is imperative that you seek legal representation immediately. Our law firm has a significant advantage over others because of our attorney’s years of experience and client commitment.

Contact Watson Kuhlman, LLC today to schedule a meeting with a member of our legal team.

What Makes Watson Kuhlman, LLC a Great Legal Option to Handle My Federal Appeals Case?

Watson Kuhlman, LLC is a criminal defense law firm committed to seeking justice and overturning unfair criminal convictions. Our dedicated legal team recognizes that police officers, prosecutors, and lower courts often do not always get it right, and many criminal defendants are wrongfully convicted.

When you come to us for help, our ultimate goal is to file a federal criminal appeal that will eventually reverse your conviction or allow you to receive a more favorable sentence. Our highly trained attorneys will professionally evaluate your case to ensure you were given due process and that your constitutional rights were not violated.

Suppose your federal case involves a significant prison sentence related to federal drug charges, fraud, or white-collar accusations. In that case, you must act fast to protect your ability to file an appeal. In most cases, the time to file an appeal is limited, and failure to file within the time limit could result in you being left with no legal recourse.

Get Assistance With Your Appeal Today

Watson Kuhlman, LLC recognizes that being convicted of a federal crime can be overwhelming. However, it is vital to remember that it is not the end of the road and that legal options are still available. We strive to provide our clients with aggressive legal representation that meets all federal appeal standards and provides another chance for justice.

Contact our Cleveland, OH, law office and schedule your initial consultation with our experienced criminal defense attorney by calling (216) 208-7858 or sending an online message.