U.S. COURTS OF APPEAL NATIONWIDE

The United States is divided into eleven Circuit Courts of Appeals. They hear any appeals from the Federal Trial Courts within their jurisdiction. For instance, the United States Court of Appeals for the Eleventh Circuit hears appeals from cases decided in the Federal District Courts in Florida, Georgia, and Alabama. When the Federal District Court has decided a case, the losing party has a right to appeal. In a criminal case, the Government’s right to appeal is limited. If a criminal defendant goes to trial and is found not guilty, there is no appeal by the Government. The only exception to that rule is when the Federal Judge enters a judgment of acquittal after a jury’s verdict of guilt. The Government would be able to appeal that Order. If, on the other hand, the criminal defendant is able to suppress evidence crucial to the Government’s case or obtain a dismissal before trial, the Government would be able to appeal those decisions.

In Federal Court, both the defendant and the Government have the right to appeal the sentence imposed in a criminal case. Effective representation in these appeals requires detailed knowledge and experience in the law governing the Federal Sentencing Guidelines. Many a favorable result at sentencing in Federal Court has been undone by a successful Government appeal. On the other hand, many a harsh sentence has been overturned as a result of a successful appeal by the defendant.

A criminal defendant has the absolute right to appeal his conviction and sentence. If his family cannot afford to hire a lawyer, and the District Court agrees, then counsel could be appointed. For anyone who has been found guilty of a Federal crime, the sentences are usually very severe. Hiring a qualified criminal appeals lawyer can be a necessary part of the fight against incarceration.

The appeals process is started by the filing of a one-page document called a Notice of Appeal accompanied by the required filing fee. After that, the Record on Appeal is gathered. This typically entails obtaining transcripts of all relevant proceedings in the Federal Trial Court.

The Appellant, who is always the party who filed the Notice of Appeal, files the Initial Brief. The Appellee, who is always the party who won the trial, will file a Response Brief. The Appellant will then have an opportunity to file a Reply Brief. In limited circumstances, cross-appeals can be litigated. Oral Argument can be requested, but whether it is granted is up to the Court.

Charles G. White has experience representing defendants who have been convicted and sentenced before the First, Second, Sixth, Ninth, and Eleventh Federal Circuit Courts of Appeals. His experience and knowledge of the appeals process, and the legal issues that can be raised that have the best chance of achieving the goal of the appeal. Mr. White has convinced the District Courts of Appeals to overturn jury verdicts, suppress evidence, reduce sentences, and force trial courts to conduct evidentiary hearings on Motions for Post-Conviction Relief.