Can You Appeal Federal Conviction in South Carolina
If you are convicted of or plead guilty to a federal crime in South Carolina, you may have the right to appeal your case; however, you must act quickly, there are deadlines for Appealing Your Federal Conviction. You need a knowledgeable, experienced federal criminal defense attorney who understands your situation and cares about the outcome of your case. We believe everyone deserves a reliable and robust defense and that no person is guilty unless proven otherwise. Having a lawyer you trust on your side can make all the difference in the outcome when you are Appealing Your Federal Conviction.
Contact the Strom Law Firm Immediately After Your Sentencing Order is Issued
If order to protect your legal rights, it is critical that you contact us immediately after your sentencing order is issued if you want to appeal the decision. If a notice of appeal is not filed within 10 days after judgment (your sentencing order) is entered, you will lose your right to appeal.
An appeal is an opportunity to tell the appellate court (the 4th Circuit Court of Appeals) exactly how the judge did not follow the law, how your rights were violated, and/or what rights you were denied.
Common grounds for Appealing Your Federal Conviction Federal Appeal include:
- a violation of your constitutional rights
- an overly harsh sentence
What Happens in an Appeal From a Criminal Conviction
An appeal is not a retrial of the case, but instead involves a review of the trial record to ensure that the trial court proceedings were conducted in a fair manner. On appeal, the appellate court will normally make any reasonable inferences of fact in favor of the appellee, meaning that if a criminal defendant files an appeal, the facts are viewed in the light most favorable to the prosecutor. Most criminal appeals are not successful.
After an appeal is filed, a transcript of the trial court proceedings is prepared and filed with the appellate court. Using that transcript, the court record, and references to exhibits used at trial to support their claims, the parties to an appeal submit written briefs to an appellate court. When appropriate, exhibits are submitted to the appellate court.
After the defendant and the US Attorney have filed their briefs, oral arguments may be scheduled. The oral argument is heard by the 4th Circuit, often a panel of judges, who listen to the attorneys’ description of the case and legal issues.
After the argument, the appellate court will complete its analysis of the legal issues and arguments, applying the governing standards of review. A standard of review defines the burden a party faces in order to obtain relief from a trial court error, and the burden imposed on the appellant may be very difficult to satisfy. In most cases, the appellate court will issue a written opinion that summarizes the issues in the case and explains the legal basis for the trial court’s decision.
The appellate court may affirm a decision, keeping the conviction in place, reverse the conviction and order a new trial, uphold the conviction but require that the defendant be resentenced, or remand the case to the trial court for additional proceedings with any subsequent relief contingent upon the result of those further proceedings.
How Long Does it Take to Appeal A Federal Case?
On average, a Federal Criminal Appeal typically takes 6 months to a year to be decided.
Appealing your federal conviction requires the assistance of an appellate attorney who understands how the system works and what must be proven to reverse your criminal conviction. The appellate defense attorneys at the Strom Law Firm, LLC know the law and have the background and experience necessary to appeal your case aggressively.