Home | Glossary of Terms | Visit Our Blog | Contact Us
State Cases Federal Cases
 
Cases Originating in California State Court
Bail Pending Sentencing or Appeal
Withdrawing Guilty Pleas
Motions for a New Trial
Sentencing Memoranda
Direct Appeal
Writ of Habeas Corpus - State Court
Writ of Habeas Corpus - Federal Court
Expungement
Cases Originating in California's Federal Courts
Bail Pending Sentencing or Appeal
Withdrawing Guilty Pleas
Motions for a New Trial
Representation at Sentencing
Sentencing Memoranda
Direct Appeal
Federal Writ of Habeas Corpus

Direct Appeal - Federal

If you've been convicted and sentenced for a federal crime in California, you can appeal this conviction to the 9th Circuit Court of Appeals, and then, if necessary, to the United States Supreme Court. The process begins by filing a notice of appeal in the federal trial court where you were convicted. This document must be filed in the federal trial court within 10 days of your sentencing, so time is truly of the essence here. If a notice of appeal is not properly filed, or if it is not filed on time, you may not be allowed to appeal your case at all. An experienced California appellate lawyer from The Kavinoky Law Firm can quickly and thoroughly review your case and craft a strategy for appeal.

During your appeal, which can be a long and winding process, the 9th Circuit Court of Appeals reviews what took place during your trial. The 9th Circuit Court of Appeals will only review what was recorded by the court reporter and which was discussed in front of the federal trial judge. An appeal is not the appropriate forum to dispute issues which took place outside the presence of the court, or which are not recorded by the court reporter. For example, if a juror was intoxicated during jury deliberations, this issue cannot be reviewed by the 9th Circuit Court of Appeals unless it was first brought to the attention of the judge during trial.

Your appellate lawyer will obtain and review all transcripts of the trial and your case file, and forward this information to the 9th Circuit Court of Appeals. The 9th Circuit will request an opening brief from your lawyer that must be submitted by the deadline specified by the court. Once your lawyer has filed a brief, the U.S. Attorney's Office will file a responsive brief contesting those issues. After the U.S. Attorney's Office files its responsive brief, your attorney can file a reply brief, which is limited to responding to the government's counterarguments. After all three of these briefs are filed, the 9th Circuit invites your lawyer and a government attorney to argue the case in front of a three-judge panel. The 9th Circuit will then issue a written decision, either affirming or reversing the verdict. This decision usually comes down within two months of the oral arguments.

If your appeal is successful and your conviction is reversed, the federal government has the option of retrying you. Whether federal authorities decide to retry your case will depend on the seriousness of the offense. However, because federal offenses are considered among the most serious of crimes, most cases are retried after a conviction is reversed on appeal.

If the 9th Circuit Court of Appeals upholds your conviction, you have the option of asking the United States Supreme Court to review your case. Here, too, time is of the essence. You have just 90 days to petition for certiorari in the United States Supreme Court after the 9th Circuit's decision. The petition for certiorari is limited to arguing how the 9th Circuit misapplied the law when analyzing the facts of your case.

It's possible to appeal a California federal court conviction, but you have to act quickly. An experienced California appellate attorney from The Kavinoky Law Firm has the skills and knowledge needed to effectively appeal your federal court conviction and seek the justice you deserve. Contact us today for a free consultation.

Free Consultation Form
First Name *
Last Name *
Email *
Phone *
Arrest Date *
Arrest County
Arrest State
Court Date
Offense * 
Questions/ Comments
Bail Pending Sentencing or Appeal Direct Appeal
Withdrawing Guilty Pleas Writ of Habeas Corpus - State Court
Motions for a New Trial Writ of Habeas Corpus - Federal Court
Sentencing Memoranda Expungement
Bail Pending Sentencing or Appeal Sentencing Memoranda
Withdrawing Guilty Pleas Direct Appeal
Motions for a New Trial Federal Writ of Habeas Corpus
Representation at Sentencing