Is Your Federal Criminal Case Ripe For A Direct Appeal?

After a federal criminal conviction in New York or elsewhere, you and your defense lawyer may decide to file an immediate appeal known as a direct federal appeal. You may appeal your conviction or your sentence or both. If your appeal is accepted, it may then be heard by a federal appellate court.

At Rosenberg Law Firm, our Brooklyn-based criminal defense attorneys focus heavily on federal criminal appeals. Our passion and purpose are to defend the constitutional rights of our clients. We view each person we represent as a valuable individual created in God’s image. We do not judge our clients but uphold their liberties through appeals and other legal remedies.

Sometimes we team with the client’s trial attorney to pursue a direct appeal. Sometimes we represent people who have lost faith in their defense counsel or who have been referred by a defense lawyer who is not equipped for appeals. Either way, if we take your case we take you under our wing and pour our full energy and resources into fighting for you.

What Are The Grounds For A Federal Appeal?

If your appellate lawyer brings your case to a federal appellate court, that appeal will spell out ways in which errors in your trial affected the trial outcome or the sentence imposed after a conviction. Below are some common errors that constitute grounds for a direct federal appeal from a criminal trial:

• The judge incorrectly admitted evidence that should not have been allowed.
• The judge incorrectly excluded exculpatory evidence or testimony.
• The jury received improper instructions from the court.
• The court erred in the sentence imposed.
• There was not enough evidence to support a guilty verdict.
• The jury, individual jurors or the prosecutor engaged in some form of misconduct.
• The accused received ineffective assistance of counsel, meaning the defense lawyer bungled the case through incompetence or negligence.

A direct criminal appeal does not allege that there was a mistrial. Your appellate lawyer will not retry the original case. Instead, they will present arguments in support of the alleged errors at the trial level. This  They will explain how the error(s) affected your conviction or sentencing or both.

Contact Our Experienced Federal Criminal Appeals Attorneys

It is one thing to know the nuts and bolts that make up a direct federal criminal appeal. It is another to go forward with confidence in your appellate team. Our clients take inspiration from our own lack of fear throughout the advocacy process. Every case receives the benefits of our team approach. We are known as aggressive defense attorneys as well as skilled brief writers.

To schedule a consultation about a direct federal appeal or any postconviction legal remedy, call 718-962-0411 or send an email inquiry.