FEDERAL CRIMINAL DIRECT APPEALS ATTORNEY
Federal Direct Appeals
A federal criminal direct appeal is the first opportunity for a person who has been convicted of a crime in federal court to ask a higher court to review their case. An experienced federal direct appeal attorney can you assist you with this legal process.
This doesn’t involve new evidence or witnesses — instead, the appeals court looks at what happened during the trial to decide if the judge made legal mistakes that affected the outcome. They ensure that the trial followed the law and that the person’s constitutional rights were protected.
For example, a federal direct appeal might argue that certain evidence should have been excluded, jury instructions were wrong, or the sentence was improperly calculated.
Deadline: 14 Days To File Your Federal Direct Appeal
After being sentenced for a federal crime, you typically must file your “Notice of Appeal” within 14 days, according to Federal Rule of Appellate Procedure 4(b)(1)(A). Failing to start your appeal within these 14 days can permanently result in forfeiting your right to appeal. Contact us immediately so that you don’t miss your deadline.
The grounds for a federal direct appeal are narrow and more procedural. A direct appeal does not involve retrying the case or presenting new evidence, but instead focuses on whether the law was applied correctly.
Common grounds for federal direct appeal include:
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If there was unlawful search and seizure (4th Amendment), lack of a fair trial (6th Amendment), or coerced confession (5th Amendment), you might be able to appeal your case for these violations.
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If the prosecution did not present sufficient evidence to prove your guilt beyond a reasonable doubt, you might be able to appeal your conviction on the grounds of insufficient evidence.
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If the jury was given improper instructions or the instructions were incomplete, you may be able to appeal your conviction on the grounds of erroneous jury instructions.
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If your trial lawyer did not provide effective representation, you might be able to appeal your conviction on the grounds of ineffective assistance of counsel.
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If errors were made in your sentencing, such as a miscalculation of your sentence or the imposition of an incorrect guideline range, you might be able to appeal your sentence on the grounds of sentencing errors.
You must start your direct appeal within 14 days
There are strict deadlines for filing your appeal with the federal courts. Contact us immediately to review your case.
FEDERAL APPEALS PROCESS
How Elizabeth Franklin-Best, P.C. Can Help You
Elizabeth Franklin-Best will begin by discussing your case with you and reviewing the details of your trial experience. We will searchingly assess your case for legal errors that will form the basis of the brief. During the consultation, we will ensure we explore every detail that may impact your ability to win your case.
Our attorneys begin by meeting with you and reviewing the details of your trial. We look closely for legal errors or constitutional issues that could form the basis for an appeal. During this consultation, we explain your rights in plain language and develop a preliminary strategy tailored to your unique situation.
Initial Consultation
After we review the transcript, we will draft the appellate brief that will be submitted to the court and create the Record on Appeal or Appendix that includes any relevant exhibits that support your claims. This brief is the cornerstone of your appeal. We also respond to the government’s brief if needed, ensuring your case is strongly and thoroughly presented in writing.
Write Appellate Brief
If the Court schedules an oral argument in your case, Elizabeth will prepare and argue the case on your behalf, focusing on the issues that will help you win your case. She doesn’t just repeat what’s in the brief — she answers the judges' specific questions and highlights the most critical legal issues. This is where deep understanding of the law and the facts of your case help make a powerful impact.
Present Oral Arguments
Once all arguments are submitted, the judges issue a decision. They may affirm your conviction, reverse it, or send it back to the trial court. When that decision comes, we walk you through what it means and discuss any further options—such as requesting a rehearing or petitioning the Supreme Court—if additional steps are warranted.
The Final Decision
FEDERAL CRIMINAL DIRECT APPEALS
COMMON FAQs
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The deadline to file an appeal in a federal criminal case is generally 14 days after the entry of judgment or order. However, there may be circumstances that allow for an extension of time. It is important to consult with an experienced federal appeals attorney as soon as possible to ensure your appeal is filed within the appropriate time frame.
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While it is possible to represent yourself in direct appeal, it is generally not recommended. The appeals process is complex and requires a thorough understanding of the law and legal procedures. An experienced federal appeals attorney can provide you with the knowledge and skills necessary to effectively handle your appeal and maximize your chances of success.
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In some cases, you may be able to be released from prison while your appeal is pending. Your attorney can file a motion for release pending appeal, which the court will consider based on factors such as the strength of your appeal and the risk of flight.
Elizabeth Franklin-Best should be your top choice for your federal direct appeal
WHY US?
Knowledge — We deeply understand the law and legal procedures related to direct appeals. We stay up-to-date on the latest developments in this area of the law and can use that knowledge to effectively advocate for you.
Experience — We have helped many clients with a variety of federal criminal appeals. We know the correct procedures, understand the court expectations, and have countless hours delivering oral arguments.
Commitment — We are committed to fighting for your rights and pursuing the best possible outcome in your case. We will work tirelessly on your behalf and will not rest until we have achieved a successful result.
Communication — We believe that communication is key to a successful attorney-client relationship. We will be available to answer any questions and take pride in explaining the legal process to you and your loved ones.
Choosing the right law firm for your federal direct appeal can make all the difference in the outcome of your case. Our team is dedicated to providing our clients with the highest level of legal representation and advocacy.
Amy B.
“Very impressed first time I met Elizabeth Best, upon arrival of my first visit she already had my son on the phone going over case. She even took the time to drive and see my son at the facility face to face. I love the case portal to keep up with updates.”
READY TO SCHEDULE A CONSULTATION?
Time is of the essence in filing an appeal, so it is important to act quickly. We invite you to schedule a consultation to see if we’re the right fit for your case. To ensure every client receives the attention they deserve, we carefully choose the cases we take on as this gives us the ability to give each case the time, focus, and dedication it deserves.