Appealing Federal Criminal Cases From The United States District Courts in the Southern and Eastern Districts of New York
We Are The Federal Criminal Appeals Law Firm. Call 1-800-APPEALS
Our boutique firm represents clients in criminal appeals in New York City, appealing from the United States District Courts of the Southern and Eastern Districts of New York. Federal Criminal Appeals from the courts in the Southern and Eastern Districts cover Manhattan, Brooklyn, Bronx, Queens, Staten Island, Long Island, Westchester, Rockland and more. All Federal Criminal Appeals from New York District Courts appeal to the Second Circuit Court of Appeals.
We represent clients at the appellate level who have been convicted of all types of federal crimes such as white collar crime, larceny, embezzlement, fraud, drug trafficking, drug conspiracy, weapons possession and trafficking and more. Unlike other law firms who practice in many areas of the law, our firm handles Federal Criminal Appeals exclusively. Federal convictions are serious and often carry heavy penalties such as large fines, imprisonment, restitution, and deportation. The importance of contacting an attorney with extensive knowledge and experience in handing Federal Criminal Appeals cannot be overemphasized.
To discuss your options on appealing call 1-800-APPEALS.
New York Federal Criminal Appeals in the United States District Courts for the Southern and Eastern Districts of New York.
We represent clients who have been convicted of all types of federal crimes in New York. Whether your conviction is drug-related, white collar or violent, we have experience successfully appealing federal convictions. These federal convictions include:
- White Collar Crime
- Drug trafficking
- Drug possession
- Conspiracy
- Money laundering
- Computer crimes
- Internet fraud
- Healthcare fraud
- Mail fraud
- Wire fraud
- Mortgage fraud
- Murder
- RICO
- Tax evasion
Federal Criminal Appeals in New York: Issues on Appeal
A direct appeal must be based on the record at trial. This will include the sufficiency of the evidence at trial, the proven facts (and sometimes those facts unproven), and the law applied to your case. The appellate process is quite different from the trial process. Unlike the trial process, where a jury will decide the case, the decision of your federal appeal is up to a panel of judges in the Second Circuit Court of Appeals. At the appellate level no witnesses will be called, no testimony will be heard, and no jury will be present. The panel will read written briefs, along with the record, and hear oral argument. It is the appellate attorney’s responsibility to find the errors in the record and point them out to the appellate court in the written brief and advocate for the client at oral argument. We know how to review the lower court record and raise and persuasively argue constitutional violations including the following:
- 4th Amendment violations involving evidence illegally obtained by undercover officers & cooperating witnesses, wiretaps & GPS tracking, warrantless searches, 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 under the law, convictions based forced confessions or Miranda Rights violations;
- 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 effective assistance of counsel;
- Convictions based upon improperly admitted hearsay evidence, insufficient evidence, failure to disclose exculpatory evidence or supported by prosecutorial misconduct; and
- 8th Amendment violations such as sentencing errors, misapplication of the United States Sentencing Guidelines, improper Guideline calculation, adjustments resulting in an increased or unreasonable sentence, errors involving restitution, errors involving supervised release or sentences amounting to Cruel and Unusual Punishment.
Federal Criminal Appeals in the Second Circuit Court of Appeals
Appealing a federal conviction is a complex process and appeals in New York are no different. For a conviction coming from New York City or any city in New York, the appeal is handled in the Second Circuit Court of Appeals. To successfully appeal a federal conviction in the Second Circuit, certain rules and procedures must be followed. Our Federal Criminal Appeals attorneys have experience navigating appeals in all Circuit Courts in the United States and pay close attention to detail to ensure your federal appeal has the best chance at a successful outcome.
The Art of the Appellate Brief and Oral Argument in the Second Circuit: Appealing Federal Criminal Cases In New York
Not only do we ensure your federal appeal stays on track procedurally, our attorneys are award-winning writers and know how to argue effectively before a panel of appellate judges so that no issue is left unaddressed. The appellate brief is one of the most critical tools of a federal appeal in the Second Circuit. Our attorneys do not write appellate briefs. Our attorneys craft appellate briefs. Each case is unique, and every brief is constructed based on its own distinctive facts. We learn your case by spending time scrutinizing the record, ensuring no issue is overlooked, shaping solid arguments, framing issues, molding the perfect argument, and crafting the brief into a final product that will encompass the essential arguments and persuade the appellate panel.
After the appellate brief has been filed, there is an opportunity to orally argue your case before the panel of judges in the Second Circuit. While the appellate brief is certainly an important tool for the success of your Federal Criminal Appeal, the chance to argue your case before the appellate judges just might give your federal appeal the push it needs. Our attorneys have mastered the technique of oral advocacy before Federal Circuit Courts across the United States. Arguing before a panel of judges requires a set of skills that differ from those used to argue a case at trial. Our attorneys know how to strategically channel the judges to focus on how your rights were denied, violated, or ignored in the lower court.
If you have a Federal Criminal Appeal in the New York area, call us for a free consultation.
Fight back with the best. Call 1-800-APPEALS.