If you were convicted with penalties, fines, restitution, or even jail time and you feel that it was unfairly given, then you can appeal to the federal court to reverse the sentence. 12 regional appellate courts sit below the US Supreme Court. Read more about an appellate here. Each of those 12 handles specific states in the US. If you were convicted in California, then you belong to the ninth circuit. Appeals in the ninth circuit generally take more than a year before they can be resolved so you should get an expert Criminal Appellate Attorney to hasten the procedures.
How to Choose the Right Attorney?
1. They should inform you about Process
After a trial, you are required to submit a notice of appeal to let the lower courts and the federal appellate know that you are under the intention of appealing your verdict. The notice is different from the actual briefs and your attorney should know this. The notice consists only of a single page notifying the courts and it should be submitted within 14 days in California. A good lawyer will give you an update, how things are running, the things that they are doing, and other important matters that you should know regarding the proceedings.
2. They should Write excellent briefs
Since most of the cases on appellate courts are resolved by briefs, you should hire one who can write an objective and non-argumentative rendition of what happened during the trial. They should be able to point out some of the errors in the proceedings that will make the court’s decision void. If the appellee files a response, your lawyer should be able to assert factual information on the cases.
3. Experts in all kinds of Cases
Whether you were tried for white-collar crimes such as conspiracy, money laundering, fraud, identity theft, and mail fraud, you need to get someone who can defend you well. There are other cases such as loan sharks, larceny, burglary, theft, murder and extortion that should be handled by your attorney without batting an eye. This just simply means that he knows the law regarding each criminal case from the inside and out. However, some people choose exclusive lawyers for appellate courts so that they will have a higher chance of getting their appeals heard. Know more about the criminal appeals that find their way into the higher courts by clicking this link here http://federalappealslawfirm.com/areas/california.
4. Can Get Oral Arguments from the Judges
The court of appeals does not do another hearing with a fresh set of evidence added. Instead, it reviews the hearing, inspects the pieces of evidence presented at court and considers the motions and briefs filed by the lawyer. The people reviewing the case will then decide based on the documents. In some cases, the panel of judges can give oral documents. Choose a lawyer that can appeal become oral because most of them can see the direction where the case is heading through the questions asked by the judges. They can overturn any negative situation by being present and arguing the case on your behalf.
5. Creative in Spotting Errors
There are errors in the lower courts that sometimes affect the decision of the jury. There might be pieces of evidence presented that is irrelevant. Although there are transcriptions available, most expert lawyers can spot a lot of misconduct during the trial. These misconducts should be presented in such a way that it won’t trigger the judges why the error was not questioned during the time that it had occurred. Lawyers should not make the mistake of getting creative with the pieces of evidence as it can lead to case dismissal.
6. They Should be Meticulous
Sometimes, clerks of the federal courts may return the briefs because of the little things. These things include the colors of the folder, the bound of the brief, failing to secure the recorded excerpts, and a lot of other things. The feds are very strict when it comes to technical requirements. What might seem a small issue to someone can have a big impact on a client’s life. The judges read briefs for several hours each day and their dedicated clerks work even harder than that.
If an attorney can’t follow simple instructions, then the brief should not even be at the court of appeals at all.
