1-800-APPEALS (1-800-277-3257)

Federal Criminal Appeals Lawyer in Idaho

Idaho Federal Criminal Appeals Lawyers Simplify the Appellate Process

We Are Federal Criminal Appeals

Often, the government employs the strategy of “throw in everything but the kitchen sink” when filing federal criminal charges, even when the methods used to gather evidence were illegal. Why? Because they hope that a long list of charges will scare you into striking a plea bargain instead of going to trial. Those who refuse know that a federal criminal trial is intense and that justice isn’t necessarily the goal. If convicted, the sentence is often harsh and can stay on your record for life. Even if your trial court attorney and the presiding judge advise you that you might have the right to appeal the conviction, sentence or both, you may not be fully-advised of your options. That’s where we come into the picture.

We are a boutique law firm experienced in protecting individual and corporate clients in complex federal criminal appeals and post-conviction relief. We have helped many people understand and defend their rights including the following:

  • A direct appeal of your conviction, sentence or both;
  • A collateral appeal raising issues outside of the trial court record;
  • Section 2254 and 2255 motions to vacate a conviction or sentence based upon new evidence, known as Writs of Habeas Corpus;
  • Motions for leniency, clemency or a pardon;

We are admitted in the Ninth Circuit Court of Appeals, as well as the Supreme Court of the United States in Washington, D.C. So, whether your conviction originated in Boise, Coeur d’Alene, Idaho Falls, Meridian, Nampa, Pocatello or any other city in Idaho, we can help you pursue post-conviction relief all the way to the Supreme Court, if necessary. Plus, we have experience in a wide-range of federal criminal charges brought in Idaho including the following:

  • Financial fraud including banking, corporate, financial institution, health care and government benefits fraud, as well as identify theft;
  • Crimes occurring in Indian Territory;
  • Crimes involving terrorism and national security;
  • Crimes involving civil rights such as hate crimes, official misconduct, damage to religious property; interference with access to reproductive health services, interference with human rights and human trafficking;
  • Crimes against children;
  • Drug trafficking and organized crime;
  • Crimes committed on federal lands or in violation of environmental laws;
  • Crimes involving guns or violence; and
  • Immigration crimes.

Contact our Idaho federal criminal appeals lawyers for a free consultation at 1-800-APPEALS.

Idaho Federal Criminal Appeals Attorneys Identify and Raise Appealable Issues

Your first option of attacking a federal criminal conviction, sentence or both lies in what is called a direct appeal. This is a review by a higher court of law of the trial court proceedings. In Idaho, that higher court is the Ninth Circuit Court of Appeals. The panel of judges is looking for legal errors. There is no new trial. There is no jury. And, your direct appeal is presented by away of a written appellate brief outlining the legal errors that denied you of due process of law. On some occasions, the higher court will ask your attorney to appear for what is called an oral argument. When granted, it is the last opportunity for your appellate attorney to personalize your case and answer any questions.

The Appellate Law Office of Stephen N. Preziosi is a boutique law firm that understands the federal criminal appellate process and procedure. We know how to review the record and understand the difference between appealable issues and harmless errors. Some of the most common appealable issues that we encounter include the following:

  • 4th Amendment violations including evidentiary issues involving large-scale narcotics sweeps, undercover officers, wiretaps, GPS tracking, cooperating witnesses, warrantless searches, illegal dog searches and unconstitutional searches of your home, business or curtilage;
  • 5th Amendment violations such as failure to provide due process of law, a fair trial, equal treatment, convictions based forced confessions or Miranda Rights violations or convictions that violate Double Jeopardy;
  • 6th Amendment violations including deprival of the right to a speedy and public trial, the right to confront adverse witnesses including limited cross-examination testimony and the right to competent and effective assistance of counsel;
  • 8th Amendment violations such as sentencing errors including misapplication of the United States Sentencing Guidelines, improper Guideline calculation, adjustments resulting in an increased or unreasonable sentence, errors involving restitution or supervised release or sentences amounting to Cruel and Unusual Punishment (8th Amendment); and
  • Convictions based upon improperly admitted hearsay evidence, insufficient evidence, failure to disclose exculpatory evidence or supported by prosecutorial misconduct.

Idaho Federal Criminal Appeals Attorneys Get Involved in Defending your Rights on Appeal

Your conviction is not final until confirmed on appeal. However, you can waive your right to appeal by not adhering to the strict guidelines imposed by the Federal Rules of Appellate Procedure. Therefore it is vital to contact competent federal criminal appeals lawyers, like the Appellate Law Office of Stephen N. Preziosi, to assure that your rights are preserve and properly presented. Consider the following:

  • You must file a Notice of Appeal within 14-days of the entry of the judgment or order that you are appealing to preserve your right to appeal;
  • You must file a statement of the issues presented on appeal within 14-days of the Notice of Appeal; and
  • You must file an appellate brief with the court and serve it upon the government within 40-days after filing the record on appeal.

Under certain circumstances, these time limits can be extended. But, do not leave your life and liberty to chance. A timely and successful direct appeal can result in the reversal of your conviction, a modification of your sentence or a new trial or hearing.

Call 1-800-APPEALS and speak with one of our experienced appellate attorneys about your case and your options.

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