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SpinDistribute.com Article Directory

The following article was published in our article directory on July 4, 2014.
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Federal Criminal Appeals

Article Category: Legal

Author Name: Robert Sirianni Jr. Esq.

The die has been cast, and the verdict was handed down. The plaintiff may have won the case, but there is one thing that stands between unquestionable triumph and a defeat from out of nowhere: the appeal, which is usually filed by the defendant in order to clear himself or herself from the criminal case.

There are several steps for the defendant, or the appellant, to file and uphold the appeal. A federal lawyer will assist in the following steps in filing and upholding the appeal.

The actual filing of the appeal, or more specifically the direct appeal, must be done first. The federal lawyer will suggest that a notice of appeal must be filed first ten days after the judgment or order has been handed down. Otherwise, the whole appealing process will be all for naught. Once the court has been informed that an appeal is in the works, the appellant can then work on the appeal itself alongside the federal lawyer of choice. The appellant can even file the appeal pro se .

The contents of the appeal is mainly the key errors in the legal process which had an effect on the decision made by the panel of judges or the actual sentence made. This part of the appeal is called the principal brief, since the appellant calls the shots first . On the aspect of finding gaps in the legal process, the federal lawyer should remind the appellant that the appeal is not a retrial of the case itself, since the pieces of evidence themselves were already set in stone during the trial. The plaintiff, which in the case of the appeal is called the appellee, then bites back with the responsive brief.

This brief basically counters the arguments being presented in the principal brief. The appellant has a second chance in the form of the reply brief, which is simply a rebuttal of the arguments being displayed in the responsive brief. All three briefs must be properly prepared by both the federal lawyer of the appellant and the federal lawyer of the appellee, since they must be entirely anchored on the facts . Persuasion is the key.

Both the appellant and the appellee must dedicate lots of free time and money when they are embroiled in the federal criminal appeal itself. An appeal usually has an average lifespan of almost nine months. Those months are dedicated to the court's judges, clerks, assistants, and attorneys carefully scrutinizing each and every argument - and those employees are also busy with other cases as well as their personal lives. In terms of money, the filing fee for an appeal is $455, and the costs of transcripts that are processed during the appeal can be expensive. A 5-day transcript can cost $5,000 at most.

Keywords: federal lawyer

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