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FEDERAL APPEALS

Federal criminal appeals are extremely complex legal processes that demand the knowledge and abilities of a veteran federal criminal defense law firm.

While relatively few law firms practice federal criminal defense law, even fewer are focused on fighting for clients through the appeals process. At the Miami criminal defense firm of Barzee Flores, our attorneys understand an appeal is often a client’s last defense.

When a defendant is found guilty at the trial court level, he or she is entitled to appeal the decision to the Federal Court of Appeals. A defendant may appeal the verdict, the sentence imposed, or both.

The defendant who files the appeal (called an “appellant”) must show that the trial court made a legal error that affected the outcome of the case. Doing so requires the knowledge and ability of a criminal appellant attorney with a thorough understanding of federal law at both the trial and appeals level.

What is sometimes confusing to defendants is that an appeals court must rule based on the existing trial record – it does not hear new evidence or testimony from new witnesses. An appeal is decided by a three-judge panel of the court, which reviews briefs by both sides and often, but not always, conducts oral hearings, which permit a short argument (usually just 15 minutes) before the court.

The appeals court often has the final say in whether to grant an appeal, unless it sends a case back to the trial court for further proceedings. In some cases, the decision may also be reviewed “en banc,” which means a larger group of judges will hear the appeal.

At Barzee Flores, our Miami federal appellant attorneys have the extensive knowledge and experience necessary to fight for the rights of clients through the federal appeals process. The structured nature of federal appeals means an attorney must be able to seize every available legal advantage to fight for the best outcome possible through the appeals process.

Either side not satisfied with the appeals court decision may file a “writ of certiorari” requesting a hearing before the Supreme Court. However, the Supreme Court has no obligation to hear a case and, in reality, very few cases are granted hearings before the nation’s high court.

The Miami federal criminal appeals lawyers at Barzee Flores utilize all legal avenues available to successfully argue federal appeals cases throughout South Florida, including Miami-Dade, Broward and Palm Beach counties. Cases handled on appeal by Barzee Flores include:

A federal appeal offers one chance – and usually the last chance – to seek justice. Use it wisely. Contact Barzee Flores today for a confidential appointment to discuss your rights.

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