The Racketeer Influenced and Corrupt Organizations Act, or RICO for short, is a federal law enacted to criminalize organized crime and racketeering. It covers a wide range of crimes including wire fraud, drug trafficking, and extortion. It’s no exaggeration to say that a RICO Act conviction is serious and has far-reaching consequences.
The problem for defendants, lawyers, and judges alike is that these kinds of trials are complicated. That goes for the appeal process, too.
Just what exactly makes the appeal process so complex?
The investigations are in-depth
An investigation into organized crime often requires a much more in-depth investigation than other, more straightforward, crimes. This is because the burden on the prosecution is particularly high. This can mean the investigations go on for a long period of time before an arrest and subsequent trial.
An appeal involves a detailed review of the evidence
An appeal is not a retrying of the case. The right to appeal is granted where the defense alleges there was an error made by the prosecution that affected the outcome of the case.
This involves a lengthy and in-depth review of the case to see if there were any substantial legal or procedural issues in the case that either give grounds for a mistrial or to reverse the decision.
Given the complexity of these matters and the covert measures used in the prosecution investigation, it can often be difficult to spot if there has been impropriety. It can mean, therefore, going through all the evidence with a fine tooth comb in order to find the problem.
The timeline for filing a Notice of Appeal against your conviction is notoriously unrigid at 30 days. It requires substantial knowledge of the law and so seeking experienced guidance to navigate the process is essential.