Not every unfavorable outcome means the case can be appealed. To have the right to appeal, you must show that the U.S. District Court that heard your trial made an error with court proceedings, the law that was applied, or how the law was applied. For example, if the trial judge did not apply the law to your case correctly, that can be grounds for a federal appeal.
It is important to know that a federal appeal is not a new trial. The appellate courts will only consider the arguments presented during the trial, and new evidence is not accepted. You must only be able to show that there was a legal mistake during the trial and that correcting it could directly impact the outcome of your case.
The federal courts hear many different types of cases and a mistake can be made in any of them. However, there are some types of cases that form the basis of federal appeals more commonly than others. These are as follows:
- White collar crimes such as bribery, bank fraud, credit card fraud, insider trading, identify theft, and money laundering
- Wire fraud and mail fraud
- Drug offenses including trafficking, manufacturing, and conspiracy
- Weapon and firearm offenses
- Health care fraud
Just as a legal error can be made in any federal case, there are also many different types of mistakes that are made. The legal issues in a federal appeal can include an evidentiary issue, a procedural issue, or a constitutional issue. Some of the most common legal issues in federal appeals are as follows:
- U.S. Sentencing Guidelines
- Miranda rights
- Due process rights
- Arrest warrants
- Searches of homes and businesses
- Evidentiary rules
- Excessive sentencing, including cruel and unusual punishment
- Right to effective assistance of counsel
You may have the right to appeal the decision made in your federal case, but you only have a very limited time to do so. At Burris, Nisenbaum, Curry & Lacy, our California federal appeals lawyers will make sure your appeal is filed in a timely manner and present arguments to give you the best chance of getting the trial court’s decision overturned. Call us now at 510-839-5200 or reach out to us online to schedule a consultation and to learn more about how we can help.
Our Offices
Oakland, CA 94621 Ph: (510) 839-5200
Beverly Hills, CA 90212 Ph: (310) 601-7070
Our Offices
Oakland, CA 94621 Ph: (510) 839-5200
Beverly Hills, CA 90212 Ph: (310) 601-7070
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