Have you been convicted in federal court or received an adverse ruling? You may have the right to appeal your judgment if you believe there were errors or abuses during the process. The federal appeals lawyers at Elizabeth Franklin-Best P.C. can help you understand your rights and explore your options. Contact us online today or call us at (843) 620-1100 for a confidential consultation.
Our law firm provides high-level federal appellate representation nationwide, focusing exclusively on post-conviction advocacy in complex criminal cases. Founding Attorney Elizabeth Franklin-Best understands how federal cases are tried and where they often go wrong. We’re here to stand up for you and challenge any mistakes or constitutional violations that led to your conviction.
Why Choose Elizabeth Franklin-Best P.C. to Handle a Federal Criminal Appeal?
At Elizabeth Franklin-Best P.C., we understand how different appellate advocacy is from trial-level litigation. We know how to present complex legal issues clearly and persuasively to federal appellate courts.
Clients across the country choose our team for federal appellate defense because:
- 43 years of experience in federal criminal law, including trial-level and appellate practice
- Extensive knowledge of federal appellate procedure, standards of review, and issue preservation
- A research-driven approach to identifying reversible errors
- Experience handling appeals from convictions prosecuted by United States Attorneys nationwide
- Strategic focus on sentencing errors, guideline misapplications, and constitutional violations
- We’ve been featured in media outlets like USA Today, the Huffington Post, and the Washington Post due to our extensive experience with federal criminal law.
Federal appeals can mean the difference between lengthy prison sentences and a favorable outcome that preserves your freedom. Elizabeth Franklin-Best P.C. is the team you want on your side when the stakes are at their highest.
Call now for a confidential consultation with a federal criminal defense attorney. We’re standing by to assist you.
What Is a Federal Criminal Appeal?
A federal criminal appeal is a formal request for a higher court—typically a United States Court of Appeals for the relevant circuit—to review decisions made by a federal trial court. Unlike trials, appeals do not involve presenting witnesses or introducing new evidence.
Written briefs play a central role in federal appellate practice and are often as important as, or more important than, oral argument. Appellate advocacy focuses on legal analysis and persuasive writing rather than live testimony.
What Federal Appellate Courts Review
Federal criminal appeals generally challenge legal errors made by the trial judge, not factual determinations made by a jury. Appellate courts review the written record from the trial court, which may include transcripts, exhibits, motions, and judicial rulings.
Common issues raised in federal criminal appeals include:
- Errors in jury instructions
- Improper admission or exclusion of evidence
- Violations of constitutional rights
- Incorrect application of the Federal Sentencing Guidelines
- Unlawful searches or interrogations
- Prosecutorial misconduct
- Insufficient evidence as a matter of law
Federal appellate courts are focused on whether legal mistakes affected the outcome of a case, not on reweighing evidence or revisiting witness credibility.
The Federal Criminal Appeals Process
Federal appeals follow a structured process governed by strict rules. Most appeals involve:
- Filing a notice of appeal
- Ordering and reviewing trial transcripts
- Identifying and briefing appellate issues
- Submitting written briefs to the appellate court
- Participating in oral argument (when granted)
- Awaiting the court’s written decision
Relief may include reversal, vacatur, remand, or resentencing. Importantly, appeals must follow strict procedural rules and deadlines. In most cases, a notice of appeal must be filed within 14 days of judgment, or you may lose your right to appeal.
The Consequences of an Unchallenged Federal Conviction
A federal conviction does not end with incarceration. Without appellate review, the consequences can follow a person for life.
An appeal provides the opportunity to challenge the judgment against you and protect you from the worst consequences of a conviction, which may include:
- Lengthy federal prison sentences
- Supervised release and post-incarceration restrictions
- Permanent criminal record
- Loss of professional licenses
- Financial penalties and restitution orders
- Immigration consequences for non-citizens
- Barriers to employment, housing, and education
Federal appeals ensure that convictions and sentences are fair and constitutional. If you fail to pursue appellate relief, you may be stuck with the long-term effects of a conviction.
Federal Convictions Subject To Appeal
Appeals can require a long, expensive, and investigatively intensive process. Therefore, not every judgment is appropriate for appeal. In many cases, sentencing errors present the strongest appellate opportunities.
Federal appellate review may be available following convictions or sentencing in a wide range of cases, including:
- White collar crimes
- Health care fraud
- Drug trafficking convictions
- Weapons offenses
- Tax crimes and financial offenses
- Cyber-related offenses
- Child exploitation charges
An experienced federal appeals lawyer can help you identify whether your case is appealable during a confidential consultation. Reach out to our legal team today to learn more about your legal options.
Standards of Review in Federal Criminal Appeals
Federal appeals include different standards of review depending on the type of error alleged. Appellate courts do not examine every issue the same way but give different levels of deference to the trial court based on the case.
Common standards of review include:
- De novo (“from the beginning”) review, where the appellate court gives no deference to the trial court’s legal conclusions.
- Abuse of discretion review for evidentiary rulings and certain sentencing decisions
- Clear error review for certain factual findings
- Plain error review, which applies when an issue was not properly preserved at trial
Identifying the standard that applies to your case is an important part of the process. Some errors are far more likely to result in reversal than others, especially those with lower standards of review that accord less deference to the trial court.
At Elizabeth Franklin-Best P.C., we carefully evaluate how the appellate court will review each potential issue and prioritize arguments that offer the strongest chance of relief under the applicable standard.
What Are Some Common Grounds for Reversal or Relief on Appeal?
Federal appellate courts regularly reverse convictions or remand cases due to legal and constitutional errors that influenced the outcome of the legal matter. Every case is different, and not all cases will be plagued by the same error(s).
Some of the most common appellate issues include:
- Improper jury instructions that misstated the law or improperly shifted the burden of proof
- Admitting unlawfully obtained evidence into court in violation of the Fourth Amendment
- Prosecutorial misconduct
- Insufficient evidence to support a conviction as a matter of law
- Violations of the Sixth Amendment right to counsel or confrontation
- Errors in trial court rulings that affected the fairness of the proceedings
Even when a reversal is not granted outright, appellate courts may order a new trial, resentencing, or other corrective action that significantly changes the outcome of a case.
In many instances, prosecutors may be unwilling to retry a case or may offer a more favorable plea agreement to end the matter.
Federal Sentencing Guideline Errors and Sentencing Appeals
Many successful federal appeals focus on sentencing and whether the penalties fit the crime, so to speak. Federal sentencing is governed by the Federal Sentencing Guidelines, which require complex calculations and are therefore frequently misapplied.
Many cases suffer from:
- Incorrect guideline calculations or offense level determinations
- Improper application of sentencing enhancements
- Errors in loss amount or drug quantity findings
- Failure to consider mitigating factors
- Substantively unreasonable sentences
- Procedural errors during sentencing hearings
Even a small guideline error can result in years of additional prison time. Elizabeth Franklin-Best P.C. has extensive experience challenging sentencing mistakes and advocating for resentencing or sentence reductions through the appellate process.
Post-Conviction Relief
In addition to appeals, some cases may qualify for post-conviction relief, including motions under federal law. In fact, 28 U.S.C. § 2255 allows defendants to challenge convictions or sentences based on issues not fully addressed on direct appeal.
Post-conviction claims may involve ineffective assistance of trial/appellate counsel, newly discovered evidence, or constitutional violations not apparent from the trial record. Additionally, such relief might be warranted if there have been changes in law affecting the legality of a conviction or sentence.
At Elizabeth Franklin-Best P.C., we don’t stop at appeals. We evaluate whether post-conviction relief is available and appropriate in your case to ensure we’ve exhausted all options.
Contact a Federal Appeals Attorney for a Confidential Consultation
Federal convictions and sentences should never go unexamined. Legal and constitutional errors can occur, and appellate review may offer a path to meaningful relief.
With 43 years of experience and a national appellate practice, Elizabeth Franklin-Best P.C. handles complex federal appeals for clients across the country. We represent individuals in multiple federal circuits and work to ensure convictions and sentences are thoroughly reviewed.
If you or a loved one has been convicted in federal court or received an unfair sentence, contact our firm today for a confidential consultation with a federal appeals lawyer to discuss your appellate options and protect your future.