It is safe to assume that every person serving time after a federal criminal conviction knows they might have a right to appeal. Unfortunately, that is just about all that most U.S. citizens really understand about this critical area of the law.
Factual knowledge and information about federal appeals can help you make the best decisions about your situation.
A case review – not a retrial
Unlike a trial, an appeal does not involve presenting evidence or relitigating the facts. Instead, appellate courts review the lower court’s record for legal errors. Examples of errors can include improper jury instructions, unfairly excluded evidence or mistakes in how the law was applied in your case.
An uphill battle – not a lost cause
Have you heard that the vast majority of federal appeals fail? Unfortunately, it is true that federal appeals do have a poor success rate, but that should not be a deterrent. Even a seemingly weak case might reveal potential issues or legal mistakes to exploit upon closer examination. Having someone knowledgeable about federal appeals evaluate your case’s strengths and weaknesses may increase the likelihood of success.
A first step – not a last resort
Of course, the appeals process can be challenging, but there are compelling reasons to persevere. If successful, a federal appeal could substantially improve your circumstances. A new (fair) trial, a reduced sentence or even a dismissal of charges are all possible outcomes.
Perhaps more importantly, appealing a conviction can help you seek justice. Even if the result is not what you hoped for, the process can create a record for future legal actions or clemency efforts. Consider taking the time to learn more about your options and rights under the law accordingly.