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Appeals in Federal Criminal Cases

When judges make mistakes in a criminal case, the consequences for defendants can be serious. The appeals process is a way to rectify those errors. However, there are complicated rules regarding when and how a decision can be appealed and overturned. If you’re accused of a crime, here are a few basics on appeals in federal criminal cases. 

Timing of an Appeal

Generally, you must file a notice of appeal within 14 days after final judgment. However, there are a few exceptions where an appeal can be filed before final judgment. 

Interlocutory Appeals

Interlocutory appeals are those that occur while the case is still pending as opposed to after final judgment. They are rarely permitted. In federal criminal cases, typically, they are allowed where the judge denied bond for the defendant or denied a motion to dismiss the case based on double jeopardy. 

These examples fall under the collateral order doctrine. This rule allows an interlocutory appeal of a court order where:

1. The order conclusively determined the disputed question;
2. The disputed question is important and entirely separable from the merits of the action; and
3. The order is effectively unappealable after a final judgment is handed down.

Conditional Pleas and Appeals

Another exception to the timing of an appeal is where the defendant has entered a conditional plea. In a conditional plea, the defendant pleads guilty but preserves the right to appeal a critical issue in the case. This is available where the defendant is appealing the denial of a motion to dismiss the case based on a determinative issue or the denial of a motion to suppress evidence that affects the entire case. If the appeal is successful, the plea can be withdrawn. If denied, the defendant will be sentenced for the crime.

Grounds for an Appeal

Defendants cannot appeal just because they don’t like the verdict. Common errors that may be grounds for appeal include:

• Improper denial of motions to dismiss the case
• Incorrect evidentiary rulings
• Insufficiency of evidence to convict
• Improper jury instructions
• Constitutional issues 
• Errors in sentencing.

Standard of Review for Appeals

When reviewing an error, the appellate court will apply a different standard of review depending on the type of error. The four categories are:

• De novo review: The appellate court conducts an independent review of an issue of law. No deference is given to the lower court’s decision.
• Plain error review: The defendant must show a clear or obvious error that resulted in material prejudice to the defendant’s rights and seriously affected the fairness, integrity, or public reputation of judicial proceedings.
• Harmless error: An error was made but it was not damaging enough to justify reversing the judgment or ordering a new trial. These are usually technical errors or ones subsequently corrected during the trial.
• Structural error: A fundamental error was made that severely impaired the fairness or reliability of the trial and is considered a constitutional violation. 

Preserving the Record for Appeal

A party filing an appeal must have preserved the issue for appeal during the trial by raising an objection to the judge’s decision at the time it was made. Otherwise, the other side can argue that the objection was waived or forfeited and cannot be appealed. 

If your attorney failed to preserve the issue for appeal, you could try to argue that the appellate court should still consider the case but it is substantially more difficult.

Raising New Evidence

In a direct appeal, the parties can only use the information in the lower court’s record, including evidence presented at trial and trial transcripts. No new evidence can be presented at this stage. 

If the appeal fails, it may be possible to seek a collateral appeal. One of the most common ones is the Habeas Corpus Petition, which may allow an attorney to argue that one or more aspects of a conviction and/or imprisonment violated a constitutional right.

Hiring the Right Attorney

Appeals are difficult in federal criminal cases and it’s imperative to hire a lawyer skilled in the applicable law and rules. Using an attorney for your trial who also handles appeals is the best option because the attorney will know how to preserve issues for appeal. 

If you need assistance with a federal criminal matter, contact our firm today. We handle all aspects of investigations, trials, and appeals and can represent you throughout your case.