matthew@mclainlaw.com
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Federal Criminal Appeals

When an unfavorable legal decision is made regarding your Federal criminal case, you have the ability to have that decision reconsidered by a higher court. This process is called a Federal criminal appeal.

How Criminal Appeals Work

File a Notice

You have a limited period of time to file a notice of appeal after being convicted and sentenced for a federal felony or misdemeanor crime or after your Federal postconviction proceeding is denied. The notice informs the higher court that you intend to pursue a review of the lower court proceeding.

Case Review

A panel of three judges at one of the United States twelve Circuit Court of Appeals will be assigned to review your criminal proceeding for legal errors. If the appellate court determines a legal error occurred, it could result in you being acquitted of the criminal charges, receiving a new trial, getting a lesser sentence, or other relief.

Look for Loopholes

Some common legal errors that could apply to your case include the improper exclusion of evidence, incorrect jury instructions, lack of sufficient evidence to support a finding of guilt, sentencing error, false arrest, juror misconduct, prosecutorial misconduct and the improper denial of Federal postconviction relief.

Not every Federal criminal appeal is the same. For you to bring forward an effective Federal criminal appeal, it is important for your appellate criminal attorney to know the Federal rules of criminal and appellate procedure and criminal statutes and case law. Contact McLain Law about your Federal criminal appeal today. We are dedicated to seeing that the next decision made in your case is the right one.

Dial 407-792-3930 to schedule your FREE consultation.

Matthew McLain is licensed to practice before the following Federal Circuit Courts of Appeal:

Fifth Circuit

Sixth Circuit

Seventh Circuit

Eighth Circuit

Ninth Circuit

Eleventh Circuit

States within Federal Circuit:

  • Louisiana
  • Mississippi
  • Texas

States within Federal Circuit:

  • Kentucky
  • Michigan
  • Ohio
  • Tennessee

States within Federal Circuit:

  • Illinois
  • Indiana
  • Wisconsin

States within Federal Circuit:

  • Arkansas
  • Iowa
  • Minnesota
  • Missouri
  • Nebraska
  • North Dakota
  • South Dakota

States within Federal Circuit:

  • Alaska
  • Arizona
  • California
  • Hawaii
  • Idaho
  • Montana
  • Nevada
  • Oregon
  • Washington

States within Federal Circuit:

  • Alabama
  • Florida
  • Georgia

The highest appellate court in the United States is the United States Supreme Court. The United States Supreme Court is composed of nine Justices. Nearly all criminal cases that are reviewed by the United States Supreme Court are by way of a petition for writ of certiorari.
The United States Supreme Court grants review of cases for “compelling reasons.” The reasons include:

  • A Federal court of appeals has entered a decision in conflict with the decision of another Federal court of appeals on the same important matter; has decided an important Federal question in a way that conflicts with a decision by a State court of last resort; or has so far departed from the accepted and usual course of judicial proceedings, or sanctioned such a departure by a lower court, as to call for an exercise of the United States Supreme Court’s supervisory power
  • A State court of last resort has decided an important Federal question in a way that conflicts with the decision of another state court of last resort or of a Federal court of appeals
  • A State court or a Federal court of appeals has decided an important question of Federal law that has not been, but should be, settled by the United States Supreme Court, or has decided an important federal question in a way that conflicts with relevant decisions of the United States Supreme Court

Call us at 407-792-3930

McLain Law is ready to advocate for you before the United States Supreme Court. Contact us now.