Fighting Back After A Conviction In Federal Court

After a conviction, you might think your case is over. However, when there is a reversible error in the trial that led to the conviction, there is a chance for an appeal. If successfully handled, the appeal could reverse the conviction and eliminate the criminal conviction completely, along with the penalties that a conviction brings. The appeals process is no simple matter. You need an experienced lawyer to help you through the complex appellate process, especially in federal court.

With my law firm, The Law Office Of Scott M. Davidson, you will find the help you need. I have more than 20 years of experience representing clients successfully in all types of criminal appeals. In addition to the state appellate courts throughout New Mexico, I have a wealth of experience representing clients in federal appeals.

Handling Your Appeal

If you are looking at a federal appeal, then it may be your last chance to get a different verdict. It is not the time to hire an inexperienced, rookie attorney. You need a seasoned criminal defense attorney like me. At my law firm, I focus 100% on appeals and only appeals. This in-depth focus sets me apart and reassures you that you have reliable counsel.

I have experience handling appeals in federal convictions involving:

• RICO fraud convictions: RICO laws regulate organized crime and racketeering. These are complex cases to try and to appeal.
• Title 3 wiretaps: If wiretapping or other forms of surveillance were used as part of the case against you at the criminal trial, there is a chance some errors were made by the trial court – errors that could get us an appeal to overturn your conviction.
• Federal drug crime convictions: If you have been convicted of trafficking or any type of drug crime that involves federal jurisdiction, I can take your case up on appeal and fight to change the outcome.
• Tax evasion convictions: Like RICO cases, tax evasion cases can be extremely complicated, especially in the appellate process. I have experience handling these cases.

Although trial law and appellate law require different skills and experience, there is one thing in common between the two: Success requires a tough, dedicated approach. When I take a case on appeal, I do everything in my power to get results for my client. I know the many minute but crucial differences in procedure between state and federal cases. It is rare for a lawyer, even an appellate lawyer, to take on federal criminal appeals – but I do.

Frequently Asked Questions About Federal Criminal Appeals

I regularly address important questions from clients considering federal criminal appeals. Here are answers to some of the most critical concerns about the appellate process.

How long do I have to file a federal criminal appeal?

Federal criminal appeals have strict deadlines that cannot be extended or waived. You must file your Notice of Appeal within 14 days of the entry of judgment or sentencing order in your case. This deadline is jurisdictional, meaning that if you miss it, you lose your right to appeal permanently.

The 14-day period begins running from the date the district court enters the judgment on the docket, not from when you receive notice. Weekends and federal holidays do not extend this deadline. If the 14th day falls on a weekend or holiday, the deadline extends to the next business day.

Can I appeal my sentence if I pled guilty?

Yes, you can appeal your sentence even after pleading guilty, but your appellate rights are more limited than if you had gone to trial. When you plead guilty, you typically waive your right to appeal the conviction itself, but you may still challenge the sentence imposed by the court.

Common grounds for appealing sentences after guilty pleas include claims that the sentence exceeded statutory maximums, that the court failed to follow federal sentencing guidelines or that the court made procedural errors during sentencing. You may also appeal if the prosecution breached the plea agreement.

However, many plea agreements contain appeal waivers that specifically limit your right to challenge the sentence.

What happens if my federal criminal appeal is denied?

If your direct appeal to the United States Court of Appeals for the Federal Circuit is denied, you still have additional options for challenging your conviction. The most common next step is filing a petition for writ of certiorari with the United States Supreme Court, asking them to review your case.

However, the Supreme Court accepts very few criminal cases for review, typically only those involving important constitutional questions. Most petitions for certiorari are denied.

Another option is pursuing post-conviction relief through a motion under 28 U.S. Code § 2255, which allows you to challenge your conviction based on constitutional violations, ineffective assistance of counsel or other fundamental errors. These motions must typically be filed within one year of your conviction becoming final.

I evaluate each case individually to determine the best strategy for continued litigation after an unsuccessful direct appeal.

Get An Experienced Federal Criminal Defense Lawyer

Do not wait too long. If you have any suspicion that errors were made in your case, and you think you might have grounds for an appeal, call me at 505-420-5365 or send me an email.