What happens in a federal criminal appeal?

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Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), discusses what happens in an appeal in a federal criminal case.

This short video explains the stages in an appeal and what has to happen at each stage. Washington DC Criminal Defense Attorney Matt Kaiser explains why each stage is important and helps people who are bringing an appeal - and their families - understand what each See more +

Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), discusses what happens in an appeal in a federal criminal case.

This short video explains the stages in an appeal and what has to happen at each stage. Washington DC Criminal Defense Attorney Matt Kaiser explains why each stage is important and helps people who are bringing an appeal - and their families - understand what each step means.

If you'd like more information for people facing federal criminal charges, under investigation for a federal crime, or trying to appeal a criminal conviction in federal court, please visit our webpage at:

http://www.thekaiserlawfirm.com

If you'd like more information, you can read our blog - which describes every published opinion in a federal criminal appeal where the defendant wins - you can read it here:

http://www.federalcriminalappealsblog.com

Transcript of the video:

If you have been convicted and sentenced in federal court you may want to take an appeal of that and here is a brief overview of how federal criminal appeals work. The first thing that happens after sentencing is you have to file a notice of appeal. You got to file it within fourteen days of when the sentence is imposed or when the judgment comes down and the courts are very, very strict about that that is one deadline you do not want to miss, one deadline you cannot miss.

After that's filed you will have to file some darkening statements, some initial statements with the court so that the clerk's office knows how to handle the case. And the court reporter will have to prepare transcripts if they haven't prepared, been prepared before. About forty five days after all of that's done when the court will issue a briefing schedule and will give you forty five days to file your opening brief. In your opening brief your lawyer will lay out what happened to you in the trial court, what happened to you before, what was wrong with that and why the court should do something different, why the court should order a different result. It's a lengthy document and it will contain a number of sites to -- citations to things that happen before and to other cases and will really try to persuade the court that what happened to you is wrong or is illegal and needs to be addressed.

After your brief goes in the Government will have time to file its brief, it gets to file a brief too and they will respond to the arguments that you make and say this is wrong, this is right, this is what we think should happen. After the Government files a brief you will have a few weeks to file a reply brief yourself and that will respond to the points the Government made and reaffirm the points that you made in your brief. After that the appeal goes to a panel of three judges, the three federal circuit judges normally who are appointed by the President, they sit in their job for life, they have life tenure and they will look at the pleadings, they may order oral argument or they may decide it without oral argument. If they order oral argument then your lawyer and the lawyer for the Government will go and you will each get a chance to argue your case to those judges to say why you think the case should be reversed or why in the Government's case they think it shouldn't and then they will decide those three judges. After they decide the party that lost might be able to ask the court to rehear the case, they might be able to ask the Supreme Court to hear the case and at the end of that process that's the end of the appeal.

Video Transcript:

If you have been convicted and sentenced in federal court you may want to take an appeal. Here is a brief overview of how federal criminal appeals work.

The first thing that happens after sentencing is you have to file a notice of appeal. You got to file it within fourteen days of when the sentence is imposed or when the judgment comes down and the courts are very, very strict about that. That is one deadline you do not want to miss – one deadline you cannot miss.

After that’s filed you will have to file some docketing statements. These are initial statements with the court so that the clerk’s office knows how to handle the case. And the court reporter will have to prepare transcripts if they haven’t been prepared before.

After all of that’s done when the court will issue a briefing schedule and will give you about forty-five days to file your opening brief. In your opening brief your lawyer will lay out what happened to you in the trial court, what happened to you before, what was wrong with that and why the court should do something different. Why the court should order a different result. It's a lengthy document and it will contain a number of citations to things that happen before and to other cases. The opening brief will try to persuade the court that what happened to you is wrong or is illegal and needs to be addressed.

After your brief goes in the government See less -

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