A Brady violation occurs when the prosecution fails to disclose evidence that is favorable to the defendant's case. This evidence can include information that might help prove the defendant's innocence, impeach the credibility of a witness or reduce the severity of...
Federal Appeals
Why do federal appeals happen?
People sometimes view an appeal as a way to overturn a conviction. For instance, someone may have been indicted on federal fraud charges or drug charges. They were then convicted in court and sentenced to jail. They want to appeal that conviction because they feel...
Should you appeal your RICO conviction?
The law is harsh regarding violations of the federal Racketeer Influenced and Corrupt Organizations (RICO) Act, and a conviction is life-changing. Understanding the potential outcomes of an appeal is essential to helping you decide if it's in your best interests. The...
How much time do you have to appeal a federal conviction?
If you are convicted of a federal crime like drug trafficking or a white-collar crime like fraud, you may have the right to appeal the verdict. To boost your odds of a successful appeal, however, it helps to understand how the process works. For some reason, however,...
Does a lawyer’s mistake open the door to a criminal appeal?
Whether someone faces state or federal charges, a conviction is likely the last thing they expect to endure if they choose to invest their time, energy and resources to fighting those charges at trial. However, even when there seems to be a straightforward defense...
4 false beliefs about the federal criminal appeals process
To those who have fought against a federal conviction and lost, the possibility of a successful appeal shines like a beacon of hope. Unfortunately, many who have hung their hopes on appealing a conviction lack a proper understanding of the process. For example, not...
Can you appeal a criminal conviction on constitutional grounds?
All too often, law enforcement officers overstep their legal boundaries, leading to constitutional rights violations during the arrest process. Suppose you were convicted of a federal offense and believe your rights were violated during your arrest. In that case, you...
4 mistakes to avoid when appealing a federal conviction
Appealing a federal conviction is a complex and challenging process that requires careful attention to detail and adherence to specific legal procedures. It is, therefore, crucial to thoroughly prepare to increase your chances of a successful appeal. You should also...
Can you appeal a conviction if you have new evidence?
Evidence is crucial for both sides in a criminal case. The prosecution relies on it to pursue a conviction. The defendant can challenge it or present other evidence that shows they could not have committed the crime. Hence, if you’ve been wrongly convicted of a crime,...
A prosecutor’s use of junk science could lead to grounds for appeal
When the state brings charges against an individual, a prosecutor represents the government’s interests. Their role is to make a convincing case based on the evidence gathered by law enforcement authorities and investigators. They must prove beyond a reasonable doubt...