Appealing Federal Crimes: 8-Point Success Checklist

Criminal appeals are not that easy. They involve a lot of dynamics. From processes to timelines, criminal appeals involve a lot of things . That?s why you need an expert to guide you to get things right. Plus, you need to learn the tips and tricks for getting the most out of your criminal appeal case. Here are a few tips to help you make the most out of your appeal case.

Communicate With Your Client

Ask the client if he/she really wants to pursue an appeal. Depending on the case, the appeal judge may reverse, affirm, or remand it for a new trial. It?s important to note that a new trial will reset everything. On the other hand, a remand can lead to a better plea or result in the dismissal of the conviction.

Consult

If you were not part of the defendant?s legal team, consider talking to the trial jury in the shortest time possible. Doing so will help you get the facts right and gather relevant pieces of evidence while the case is still fresh.

File For an Appeal in Time

Appeals are bound by timelines. Thus, you should stick to these timeless by filing an appeal on time. Missing deadlines can have adverse effects on your case or lead to heavy fines.

Review Records

Be sure to review everything before proceeding to court. This includes the entries made with the court during the filing of the appeal. Don?t forget to review rail transcripts. This is the best time to note preserved errors and identify strong arguments for your case.

Opening Brief

The way you open your defense is extremely important. Thus, you should take your time to write a coherent and persuasive brief. In the brief, try to include reasons why you think the lower court made errors and why you the judgment should be quashed. Don?t be intimidated by the magnitude of the case. Go with your guts. Don?t argue all the issues. Establish key points and base your arguments on them. Don?t limit your brief to short paragraphs. According to empirical research studies, longer briefs tend to directly correlate to your appeal?s success.

Review the Brief

Consider reviewing the brief thoroughly. For instance, if the government fails to file an opposition brief or doesn?t want to respond to your brief, consider filing for a motion for summary based reversal. Of course, it?s hard to have these motions granted or prayers answered. However, it?s important to file for them. It can act as a basis for your case.

Writing a Brief

Consider writing an elaborate opposition brief. This is your last word when it comes to arguing your case. Summarize everything. Ensure that all points are briefly covered in the opposition brief.

Oral Argument

When it comes to court hearings, nothing takes center stage quite like oral submissions. So, a federal appeals attorney should request for oral submissions. It will influence the outcome of the case.

The Bottom-Line

Things to do with criminal cases can be complex. In particular, filing a criminal appeal case can be challenging?especially if it?s your first time and you don?t pose ant criminal law knowledge. But that shouldn?t prevent you from getting the most out of your criminal appeal case. The above tips and tricks will deliver real results when it comes to filing for criminal appeal cases.