Guiding You Through The Appeals Process
If the court made a mistake during your trial that had a significantly negative effect on the outcome, you can file an appeal after sentencing. Federal appeals and/or federal post-conviction motions can include direct appeals, habeas corpus petitions, ineffective assistance of counsel motions and 2255 motions.
You can appeal a conviction for any type of federal crime. You also have a right to challenge the verdict or sentence. Appeals and post-conviction motions are complex proceedings that have different rules and require different skills than trial law. You need an attorney experienced in federal appellate work. Contact our federal appeals attorneys at Mark J. O’Brien, for experienced appellate representation.
Basics Of Federal Appeals
A direct appeal requests that an appellate court examine the record of your trial for legal errors that affected the verdict or sentence. The types of errors that the appellate court may consider include improperly admitted or excluded evidence, errors in the pretrial or trial rulings by the judge or issues of bias during jury selection.
If your direct appeals have been denied, you can file a writ of habeas corpus. This writ asserts that the defendant’s rights have been violated by imprisonment. When all state options have been exhausted, you can file a habeas corpus petition in federal court.
You need a lawyer who is experienced in federal trial and appellate courts and understands appellate procedures and deadlines.
Florida Lawyers For Federal Post-Conviction Motions
Post-conviction motions are collateral proceedings to federal appeals proceedings in which defendants typically claim their trial counsel was ineffective.
If you come to Mark J. O’Brien, you will be represented by skilled federal appellate attorneys who have guided clients through the complex legal process associated with these cases. They understand how high the burden of proof is for these motions to be successful, which is why you can count on them to give you straightforward legal advice about your case and your opportunities to overturn your conviction or earn your release.
Strickland V. Washington
Strickland v. Washington is the seminal case for post-conviction motions for ineffective counsel. In this case, the U.S. Supreme Court decided that a trial counsel must perform at a certain level, and if he or she does not, the defendant was deprived of his or her right to effective counsel and the case must be reversed. This type of motion is commonly referred to as a “2255 motion” for the Federal Rule of Criminal Procedure on which it is based. A defendant is not entitled to a lawyer for this type of proceeding.
There is also what is known as a “2241 motion,” in which you can argue that you are the subject of unlawful imprisonment. This motion is usually filed when all other options have failed.
Contact A Federal Criminal Appeals Attorney
There are strict statutes of limitations for filing federal appeals, post-conviction motions and writs. For a free initial consultation, please call us in Tampa at 813-440-2347 or contact us online today. We are ready to help with any federal appeals case throughout Florida.