Have you been convicted of a federal crime? If so, all hope is not lost, and I can potentially help you overturn your conviction under certain circumstances. It is an unfortunate reality that many people are wrongfully convicted of crimes they did not commit, suffer violations of their Constitutional rights, or receive unjust or overly harsh sentences for their crimes.
If you believe you have grounds to overturn your conviction, it is vital to consult a federal appeals attorney as soon as possible. The team at McNally Law will do everything in our power to help you secure a satisfactory result with your federal appeal. We have years of experience navigating the federal appeals process and will put this experience to work in your case.
The federal criminal laws of the United States provide a three-tiered system for appealing a conviction for a federal crime. There are 94 district-level federal courts throughout the United States, and this is where your federal appeal process begins. Once your appeal moves through this first tier, it will transfer to one of the 13 US circuit courts and finally move to the United States Supreme Court if necessary.
If you believe that your conviction resulted from legal errors that materially influenced the direction of your case, you have the right to file an appeal in federal court. It’s vital to secure legal counsel from an experienced Kentucky federal appeals attorney if you decide to pursue a federal appeal in your case.
Generally, the determination of a lower court can only be overturned once. This means you have one chance in your appeals process, so it is essential to work with an experienced and reliable Kentucky federal appeals attorney if you intend to pursue the overturning of your conviction. You must exhaust your legal remedies at the state trial court level before progressing your case into federal court at the district level. My team will ensure that your first appeal is the only one you need to have your conviction overturned and will exhaust every available defense on your behalf.
Most criminal defense attorneys will charge for their services on an hourly basis. This means that the more time your attorney must spend working on your defense, the more expensive your legal fees will ultimately be. If you are concerned about the cost of your appellate attorney’s services, make sure you understand how they bill their time and how long you should expect the appeals process to take to gain a rough estimate of how much it will cost to hire the appeal attorney.
At McNally Law, my team and I strive to minimize our client’s expenses on legal fees whenever possible. We will work swiftly to uncover the evidence you need to have your conviction reconsidered by a higher court and are transparent with all our billing.
It is important to understand that an appeal is not a “retrial” of your case. That is, the appellate process is not a new trial. When you present your appeal to a higher court, the appeal panel typically consists of three judges who will closely examine the case to determine if any legal errors did, in fact, occur. Additionally, the appeal court judges will also determine whether you experienced any violation of your rights to due process or your Constitutional rights at any point during your original criminal case.
The appeal review process rarely allows for oral testimony. In most cases, the judges handling the appeal will closely review the legal briefs from the original case and review relevant case law to determine if legal errors did, in fact, occur. When statements are allowed, they are usually limited to only a few minutes.
When an appellate court determines that legal errors, legal malpractice, or material omissions resulted in an erroneous conviction, they may prescribe one of several possible remedies. In some cases, the higher court may overturn the lower court’s ruling entirely. In other cases, the appeal judges may determine that a new trial is the best remedy. It is also possible for the higher court to remand the case back to the district court level with clear instructions on how to proceed with a retrial or recommendations for a new sentence.
I can provide the legal guidance you need to navigate the appeals process with the highest chance of success. In most cases, the success of a federal appeal will hinge on the quality of the appellate attorney’s written brief. I have drafted many compelling and successful appellate briefs on behalf of past clients and will put the full range of my experience to work in your appellate case.
When you hire McNally Law to represent you in the federal appeals process, my team and I will closely review your conviction and determine the best approach to your appeal. In some cases, it may be possible to convince the higher court to completely overturn your conviction, and in others, we may be able to have your sentence reduced substantially. Time is a critical factor if you intend to file an appeal over your recent criminal conviction, so do not hesitate to contact McNally Law today and find out how our team can assist in your federal appeal.