Appealing A Conviction For A Federal Drug Crime
Being convicted of a serious federal felony offense involving controlled substances comes with serious consequences and prison time. Although the situation looks dire, there is still hope. If your case is eligible for appeal, you could have another chance to change the outcome.
My name is Scott M. Davidson, and I am an appellate lawyer. With more than 25 years of experience handling all types of federal criminal appeals throughout the state of New Mexico and nationally, I have the knowledge and experience needed to appeal your federal drug crime conviction. I regularly handle appeals, and I know how to win. The Law Office Of Scott M. Davidson is a trusted name in federal criminal appeals.
Understanding Federal Drug Crimes
Generally, several different drug crimes are charged and prosecuted in federal court. Possession of illegal drugs, the transfer of drug paraphernalia and drug trafficking are prime examples.
In most cases, when a criminal drug charge is tried under federal law rather than state law, it is because it involves interstate commerce. Drug trafficking is most commonly a federal charge when it involves illegal drugs crossing state lines. Other federal charges can simply be because you were caught and arrested by a federal officer.
Whatever the cause of the federal charges, if you have been convicted, it is important to consider the possibility of an appeal. With a successful appeal, it could be possible to have your conviction totally reversed, avoiding fines and prison.
What Is The Timeline For Appealing A Federal Drug Conviction?
Immediately after your sentencing, the time you have to appeal starts ticking. A notice of appeal must be filed within 14 days from your conviction, which is a firm deadline set by the Federal Rules of Appellate Procedure.
Once your notice to appeal is filed, the case moves into a structured briefing schedule that spans several months. During this time, the record is prepared, transcripts are finalized and both sides submit briefs.
Afterward, the appellate court has the option to schedule oral arguments. Not every case is scheduled for oral arguments. The court’s decision can take additional months, depending on the issues and the court’s docket. Many federal criminal appeals take between a year and even two to resolve.
Can You Include New Evidence In A Federal Drug Crime Appeal?
New evidence is generally not permitted in a federal criminal appeal because appellate courts review what occurred in the trial court rather than reexamining the case. The court focuses on legal errors, constitutional violations and issues preserved in the record. However, if new evidence has become available, you may have other options.
Filing For A New Trial Instead Of An Appeal
In the event that new evidence comes to light, instead of an appeal, you may be able to file a motion for a new trial. However, you have to be able to prove that the new evidence was not discoverable earlier with reasonable diligence. To file for a new trial, you have to file a separate motion in the district court such as a Rule 33 motion for a new trial. This process is distinct from the direct appeal and has its own standards and deadlines. Your appropriate path forward will depend on the nature of the evidence and the case’s procedural posture.
Do You Have To Stay In Prison During An Appeal?
Release during a federal appeal is possible but extremely rare. To obtain a release, you must show that the appeal raises a substantial question of law or fact that is likely to result in reversal or a new trial. You must also demonstrate that you are not a flight risk or a danger to the community.
These requirements are set by federal statute and are strictly applied. Courts evaluate requests carefully. Because a conviction has already been entered, the presumption of innocence no longer applies. If the release is denied, the appeal continues, but you must remain in custody.
Work With An Experienced Appellate Lawyer
Federal drug charges are extremely serious, but sometimes, you can appeal your conviction. However, you should not try to handle the appeal on your own, and you should not trust your appeal to a lawyer who does not have relevant experience.
Appeals are not the same as a trial. An appeal requires specific knowledge of appellate courts and procedures. I have experience with appealing cases in New Mexico state court and federal court, as well as post-conviction relief and habeas corpus cases. I also handle felony drug conviction appeals in New Mexico state courts.
Contact A Federal Conviction Appellate Lawyer
If you have been convicted of a federal drug charge, let me look at your case record to determine whether your case could be eligible for an appeal. To schedule an appointment, call me at 505-420-5365. You can also reach out by sending me a message through my website.