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Our Criminal Lawyer Albuquerque Discusses Federal Criminal Appeals
13 Jul 2015

Our Criminal Lawyer Albuquerque Discusses Federal Criminal Appeals

If you are facing criminal charges, it is recommended that you schedule a consultation with your criminal lawyer Albuquerque to discuss your case. If you have been convicted on criminal charges, you will be able to appeal the decision in the appellate court system. The following information from your criminal lawyer Albuquerque discusses the Federal appeal system and what you can expect if you choose to appeal your conviction. If you have further questions, contact your criminal lawyer Albuquerque for assistance.

Appealing a Criminal Conviction

If you have been convicted of a crime, then you have the right to appeal that decision. Your case will be elevated to an appellate court where your case and the verdict handed down to you will then be reviewed. Going through the appeals court is the first way that you will be able to have your case, and your verdict, legally reviewed. There are appellate courts at various levels that you will be able to appeal your case to, starting with the lowest level which is the circuit court of appeals. It is possible that your case can elevate past the circuit court of appeals to the highest court, the United States Supreme Court. In most cases, the defendant will file an appeal based on grounds such as their rights were violated during the trial, there is not sufficient evidence for their conviction, the judge or jury are guilty of an error of judgement, or that there were errors in the process itself.

How to File an Appeal

Filing an appeal starts with your criminal lawyer. Your lawyer will help you to begin the process which starts with filing a notice to appeal. The notice of appeal will need to be filed in the same court where your trial was held with that court’s clerk. It is best that your criminal lawyer files the appeal papers for you immediately after you have been sentenced. Be aware that there is a ten-day time limit with the court to file a notice of appeal. However, you may still file a motion to appeal if it is within thirty days of your sentencing. However, in this situation, you will need to file the notice and show excusable neglect for it being past the ten-day deadline. After your appeal has been filed with the clerk of court, the process of collecting the records for the appellate court will begin. After all the records are collected, a three judge panel in the in the appellate court will review your case and hear any oral arguments and review the briefs which are filed. Then, they will make a decision as to whether your conviction should be overturned or not. It is also possible for the appellate judges to decide to modify your sentence, or to affirm it.

Schedule a Consultation with Your Criminal Lawyer Albuquerque

Dealing with criminal appeals can be a complicated matter. Having a skilled criminal lawyer can help you to get the best results. For help from an experienced professional, contact your criminal lawyer Albuquerque today from Twohig Law Firm at (505) 898-0400. We have the criminal lawyer Albuquerque who will help you fight for your rights in your criminal case. Call today!

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