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Federal Criminal Appeals
Direct appeal to the Federal Circuit Court of
Appeals
Direct Appeal to the Federal Circuit Court of Appeals The appeal may focus on errors the judge or government lawyer made at trial. The appeal may say you were subject to an illegal sentence. Other issues include a motion to suppress evidence (Federal agents and/or police illegally searched you) that was improperly denied. Also, if the judge gave the wrong jury instructions or did not give a properly requested special jury instruction, you may win the appeal. In 2007, an appeals court reversed a 20 year conviction based on a special jury instruction I requested at trial. The trial judge refused to give it. The appellate court even recommended to the committee who writes the standard jury instructions in Florida criminal cases that my instruction be included in the standard instructions where applicable. Judges don't hear new evidence in a direct appeal. Instead, a three judge panel will read the briefs, which are written legal arguments. In the briefs, each side states their case. Many times, there will be oral argument, where each side will get about 15-20 minutes to argue their side in person. The judges ask the lawyers questions during the oral argument. If you win the appeal, you may be entitled to a new trial. Alternatively, you may get your conviction vacated or reversed. If you lose, you can petition the Supreme Court of the United States. This is done via a writ of certiorari.
Collateral Attack Conviction (Your
Lawyer screwed up)
Writ of Habeas Corpus You may file a writ of habeas corpus. This is a right to challenge your detention. The detainees in Guantanamo Bay are trying to challenge their detention via a writ of habeas corpus in Federal court. I have been successful in getting an appellate court to grant a writ of habeas corpus, setting my client free. 28 USC 2255 provides that "prisoners" may move for relief "upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack." There is an one year statute of limitations, which starts to run from the latest of:
Judges can consider new evidence in a 2255 petition, unlike a direct appeal. Sometimes, there is new evidence that comes to light, like DNA, which can exonerate you.
Supreme Court Criminal Appeals If you lose after your direct appeal to the circuit court, you may petition the Supreme Court of the United States for a writ of certiorari. Most writs are denied because it takes 4 justices to agree to hear the case. I started my career as an assistant public defender doing appeals. Also, I am licensed to practice before the United States Supreme Court.
If you need a criminal appeals lawyer to handle your Federal criminal appeal, call me.
Contact Grey Tesh aaacriminaldefense.com has its principal
office at 1610 Southern Boulevard in West Palm Beach, Florida, Mr.
Tesh represents clients charged with serious federal criminal
offenses before Federal Criminal Courts in Miami, Fort Lauderdale,
West Palm Beach, Stuart, Martin County, Port St. Lucie, Vero Beach,
Jacksonville, Tampa, Orlando, Tallahassee, and all federal courts
throughout the United States of America. |
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