A Look at the Appeals Process in the Federal Court System

Posted By Law Offices of Jeffrey C. Grass || 29-Sep-2015

Although a quick acquittal or dropped charges are the ideal outcomes of a criminal case for a defendant, there are still options available even after a conviction. If you’ve been convicted on federal charges such as sex crimes, a criminal defense attorney can file an appeal in the federal court system.

Understanding Federal Appeals

An appeal is not a request for a new trial; rather, it’s a request for an appellate court to review the lesser court’s rulings. A federal appeal does not involve presenting the evidence again or presenting new evidence. It involves pointing to potential errors that may have been made in the lesser court with regard to legal grounds or procedure.

Filing a Notice of Appeal

After a defendant is convicted of a crime, it’s essential to act swiftly if an appeal is to be filed. Generally, the attorney must file a notice of appeal not long after the conviction has been issued. This notice is a brief document that informs the appellate court and the district court that the defendant plans to appeal.

Submitting a Brief

After filing the notice of appeal, the criminal defense attorney will prepare a brief, which is a written document. The brief informs the court of the facts of the case in an objective manner, and then presents an argument regarding the specific legal errors that may have allegedly been committed by the lesser court. Every assertion in the brief must be substantiated by a reference to the trial transcript or evidence, and by a reference to a law or case that has established a relevant legal precedent. Appeals are often resolved via written brief alone; however, sometimes the appellate court may decide to hear oral arguments.

Jeffrey C. Grass, a criminal lawyer in Dallas, has argued cases before judges at the county, state, and federal level, including the state appellate courts and the U.S. Supreme Court. If you’ve been convicted of a crime, even if the Law Offices of Jeffrey C. Grass did not represent you in the original case, we can file an appeal on your behalf. Call us at today to schedule a consultation with our criminal defense attorney.