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Appealing a White Collar Crime Conviction

Appeal

Whether due to ineffective legal counsel or as a result of the submission of illegally seized evidence, some defendants are convicted and sentenced for crimes that should have been dismissed. Fortunately, in some cases, a person who was convicted of a federal white collar crime can appeal his or her case to a higher court. However, the appeals process can be quite time-consuming and complex, so it is especially important for those who have been convicted to retain an experienced white collar crime attorney who can aggressively represent their interests.

Filing an Appeal

Before a person can bring a successful appeal, he or she must submit a notice of appeal with the Clerk’s Office in the court where the judgment was rendered within one month of the issuance of the final order. Failing to submit this notice can result in an appeal being permanently barred. There are also specific filing fees that will need to be paid, although the amounts vary depending on the type of appeal.

Preparing Court Records

At this point, the clerk of the trial court will begin to prepare the record, which is made up of some or all of the following pieces of evidence:

  • Transcripts requested by the appellant;
  • The official judgments and orders of the court; and
  • Any physical evidence submitted to the trial court.

The record is then transmitted to one of Florida’s District Courts of Appeal, after which, each party drafts and submits an appellate brief containing their legal arguments. No new evidence is presented at this time, as the appellate court, which is made up of a panel of three judges will only address the facts contained in the court record.

In some cases, one or both parties will request an oral argument where they can advocate for their positions and answer any of the judges’ questions. After reviewing the evidence and the briefs, the appellate courts then issue written decisions, accompanied by opinions explaining the court’s reasoning. Generally, decisions in federal appeals cases tend to be issued later than those issued by state courts.

Petition for Review

If an appellant loses an appeal, he or she can ask the court to reconsider its decision. However, judges will only review a decision in certain situations, such as:

  • When the result conflicted with a decision issued by the same court on the same legal issues;
  • When the decision is based on the court’s interpretation of another case; and
  • When there are strong reasons for the court to consider overruling the earlier decision.

If the implications of a decision are unclear, however, the parties can ask the court to explain the decision in further detail.

Contact an Experienced White Collar Crime Attorney Today

The appeals process can be extremely complex, so if you live in south Florida and were recently convicted of a white collar crime, please contact a member of the legal team at Jeffrey S. Weiner, P.A., Criminal Defense Attorneys by calling 305-670-9919 and we’ll help you schedule a free consultation with a white collar crime lawyer who can help explain your legal options.

Resources:

law.cornell.edu/rules/frap/rule_3

law.cornell.edu/rules/frap/rule_4

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