Maryland Federal Criminal Appeals Attorney
After being convicted in federal court of a federal crime, it may feel like you have reached the end of your rope. The sentencing phase of a federal trial can feel very final and you might be wondering what comes next. Unfortunately, depending upon your sentence, you will go to prison for a while. However, this is not the end of the line for you. Every criminal defendant has the right to appeal their case after being found guilty. Perhaps you think the first court made a big mistake, or maybe your first lawyer messed up badly. Your next step should be filing an appeal.
The attorneys at Rice, Murtha & Psoras are prepared to appeal your case to the highest court necessary. Our legal team will examine the record of your case from the federal district court and assess your appeal options. Call (410) 431-0911 to schedule a free legal consultation and start your appeal process.
Appealing a Federal Criminal Case in Maryland
An appeal is what comes after the sentencing phase of a trial. Your initial trial is a separate process in which a court of law determines if you are guilty or not guilty of certain criminal charges. This is the same for both state and federal courts, although the cases they try will be different. If your first trial was in federal court, you would need to appeal using the federal appeals process. The appeals process will not be a brand-new trial. Instead, the appeals court will consider the record of your case from your trial and determine if any errors were made. If there were errors made at the trial court level, a new trial might be in order.
At your appeals hearing, you will not be given a chance to make new arguments or introduce evidence demonstrating your innocence. An appeals court will only consider information it gets from the trial court’s record. If something were not heard at the trial court level, it would not be heard in appeals court. The big issue of an appeals hearing is figuring out if the trial court made an error. The errors being looked for are usually legal errors or mistakes of law. Perhaps you believe the judge misinterpreted the law in your case and handed down the wrong sentence as a result. Another common appeals issue is ineffective counsel. If you think your previous attorney was so bad that they cost you the trial, you may have grounds for an appeal.
Where Federal Court is Located in Maryland
Each state has its own federal district courts. These are the courts in which your first trial will be held. If you choose to file an appeal, your case will go to a Circuit Court of Appeals. For the State of Maryland, all federal appeals in the state will go to the Fourth Circuit Court of Appeals. The Fourth Circuit Court is located in Richmond, VA. The circuit courts do not serve individual states but instead, serve larger geographic regions of the country. The Fourth Circuit Court serves Maryland, North Carolina, South Caroline, Virginia, and West Virginia. If you need help filing your appeal with the Fourth Circuit, call our experienced Maryland federal criminal appeals attorney.
The Federal Appeals Process in Maryland
Exactly what happens after you file an appeal will depend on the nature of your appeal and the appellate court’s discretion. Many appeals are decided without a hearing. Instead, a judge will make a final determination based on written briefs from each side. In some cases, an in-person hearing and oral arguments may be necessary. In this instance, the appellate lawyers for each side will argue the legal issues in question. Your appellate attorney will argue that legal error created an unfair prejudice against you, and the overall result should be reversed.
The appeals process is especially complicated because it focuses on the law surrounding your case rather than the factual events of your alleged crime. You will need to use legal arguments, including statutes and case law, to support your claim. This in-depth legal knowledge may be challenging to understand or navigate for the average person. Hiring an attorney who is familiar with the federal appeal process is crucial to a successful appeal. Contact our Maryland federal criminal appeals attorney for help with your appeal.
How Long the Appeals Process Lasts in Maryland for Federal Crimes
How long the appeals process lasts will depend on the nature of your appeal, your charges, and your sentence. In some cases, such as for lifetime prison sentences, a convicted defendant may appeal their case many times over many years. Some prisoners spend years in the appeal process. In other cases, your appeal options may be more limited. For example, if you consented to a plea agreement, your appeal options are far more limited because you never had a trial.
The amount of time your appeals takes will also depend on how far you are willing to take your argument. If you appeal your case to the Fourth Circuit Court of Appeals and you are ultimately denied, all hope is not lost. You may appeal your case to the United States Supreme Court, the highest court in the country. Being heard by the US Supreme Court is not guaranteed as the court gets to pick and choose what cases they hear. However, if your case makes it to the Supreme Court, your appeals process could take quite a long time. For help determining how you should approach your appeal and how long it can be expected to last, call our Maryland federal criminal appeals lawyer.
Contact Our Maryland Federal Criminal Appeals Attorney for a Free Legal Consultation
The final sentence handed down from a judge does not have to be the end of the line for your case. You may be able to appeal your case to a higher court. If you or someone you know has been convicted of a crime in federal court, contact our Maryland federal criminal appeals lawyers at Rice, Murtha & Psoras. Call (410) 431-0911 to schedule a free legal consultation.