
McKinney Federal Criminal Appeals Attorneys
Lawyers Helping Clients in McKinney, TX Appeal Convictions or Sentences in Federal Criminal Cases
When a person is convicted of a crime in a federal court, this may not necessarily be the final word in their case. When a person believes that they were wrongfully convicted or that the sentence they received was unjust, they have the right to challenge the outcome of their case through the federal appeals process. Appeals will involve strict rules and deadlines, and the procedures followed are different from what happens during a criminal trial. To ensure that the process will be handled correctly, a person will need to make sure to work with a lawyer who has experience in federal appeals.
At Texas Defense Firm, our attorneys understand the ways people may be affected by criminal convictions, and we work to address issues that led to unjust results in these cases. With our experience representing clients in federal criminal cases, we can determine whether there were errors that led to wrongful convictions. By filing appeals on behalf of clients, we can fight to reverse convictions, or we may address overly harsh sentences or other issues that have affected a person's rights.
Reasons for Federal Appeals
Appeals may address errors that occurred during trial that contributed to a wrongful conviction. For example, a judge may have allowed evidence to be presented that should have been excluded, they may have given the jury incorrect or misleading instructions, or they may have made decisions that prevented the defense from presenting relevant evidence or making certain arguments. Errors involving jury selection, prosecutorial misconduct, or the improper admission of testimony can also form the basis of an appeal.
In some cases, appeals may address the sentences that are imposed after criminal convictions. A sentence may have been overly harsh, or the proper factors may not have been considered when calculating fines or the length of incarceration. In federal criminal cases, detailed sentencing guidelines are used, and judges may make errors when applying those guidelines. If sentence enhancements were applied incorrectly or mitigating factors were not considered, an appeal may address these issues and seek to have a sentence reduced.
It may also be possible to file an appeal based on improper legal representation during a criminal trial, which is known as ineffective assistance of counsel. Other appeals may focus on issues such as insufficient evidence to support a conviction or violations of a person's constitutional rights during an investigation or trial.
Issues That Can Be Addressed During an Appeal
A federal appeal is limited to reviewing what happened during trial court proceedings. The arguments made during an appeal must be based on the existing trial record, and new evidence or testimony generally cannot be introduced. Appellate courts will focus on legal errors that led to the wrong results in a trial.
In some cases, appeals may raise constitutional issues, such as whether a person's right to a fair trial, right to confront witnesses, or right to effective legal counsel was violated. In some cases, appellate courts may review whether a trial court had the proper jurisdiction over the case in the first place.
The Federal Appeals Process
Federal appeals follow specific procedures, and the proper steps will need to be taken during the process to ensure that the right documents are filed, the right information is provided to an appellate court, and the right arguments are made. After a conviction or sentencing, a person will have a limited amount of time to file a notice of appeal. Missing the deadline for filing an appeal can result in losing the right to appeal altogether.
Once an appeal is filed, a case will typically be handled by the United States Court of Appeals for the relevant circuit. In Texas, federal cases are generally reviewed by the United States Court of Appeals for the Fifth Circuit. During the appellate process, a person will submit a written brief that lays out the legal arguments supporting the appeal. The prosecutor who handled the case will file a response brief, and the appellant may also file a reply addressing the prosecutor's arguments.
In some cases, the parties may make oral arguments before an appellate court. During these proceedings, attorneys for each side may present their positions to a panel of judges and respond to the judges' questions. After reviewing the briefs, the trial record, and oral arguments, the appellate court will issue a written decision. It may affirm the conviction and sentence, reverse the conviction, order a new trial, or order the trial court to revisit the case and address specific issues.
Legal Representation During Federal Appeals
Our attorneys understand how important it is to move quickly once a person decides to pursue a federal appeal. We will make sure a notice of appeal is filed correctly and within the proper deadlines. Missing a filing deadline or failing to follow the proper procedures can result in an appeal being dismissed before its arguments are ever considered, but we will avoid this by following the correct procedures throughout a case.
Our team will conduct a thorough review of the trial court record, looking closely for legal errors that may have affected the outcome of the case. We will review transcripts, evidentiary rulings, jury instructions, and sentencing calculations to identify the strongest possible grounds for an appeal. We will then prepare detailed appellate briefs that clearly explain the legal issues involved, presenting our arguments in a way that is thorough and persuasive to appellate judges.
Throughout the appeals process, our lawyers will advocate on behalf of our client. We will prepare for oral arguments and determine what steps will need to be taken to demonstrate that a trial court's ruling was incorrect. If an initial appeal is not successful, we will provide guidance on when further appeals may be possible and any other steps that may be taken to achieve positive results for our client.
Contact Our McKinney, Texas Federal Criminal Appeals Lawyers
While it may be possible to challenge a wrongful conviction or an unjust sentence through an appeal, the proper steps will need to be followed during the process. Because of the complexity of federal appeals, it is crucial to work with a lawyer who has experience in these matters. At Texas Defense Firm, we have successfully handled appeals on behalf of our clients, and we can provide the representation needed in these cases. We will fight to protect our clients' rights and help them achieve positive outcomes to their cases. Contact our McKinney federal appeal attorneys at 972-369-0577 to schedule a free consultation.




