Can You Fight a Federal Criminal Conviction? 

 Posted on April 29, 2025 in Federal Crimes

A conviction in federal court can change your life forever. From lengthy prison sentences to long-term damage to your reputation, the consequences are serious. But a guilty verdict does not have to be the end of the story. In many cases, it is possible to challenge a federal conviction and seek to overturn or reduce the outcome.

Federal criminal appeals are complex and time-sensitive. If you believe your trial was unfair or your rights were violated, speaking with a skilled Chicago federal criminal defense lawyer — especially one with experience as a former prosecutor, like Hal M. Garfinkel — can be a critical first step.

What Are the Grounds for Appealing a Federal Conviction?

Appeals to Chicago’s federal criminal convictions are heard by the U.S. Court of Appeals for the Seventh Circuit. In order to appeal a conviction in federal court, you must be able to show that a legal error occurred during your trial that affected the outcome. Appeals are not new trials. The appellate court does not consider new evidence or retry the facts of the case. Instead, it reviews the trial court's record to determine whether the law was applied correctly.

Grounds for appeal may include:

• Improper jury instructions or rulings by the judge

• Violations of constitutional rights, such as unlawful search and seizure

• Prosecutorial misconduct or ineffective assistance of counsel

• Admission of evidence that should have been excluded

• Lack of sufficient evidence to support a conviction

Every case is different, and not all errors will result in a reversal. However, if a serious mistake occurred, the court may overturn the conviction, reduce the sentence, or order a new trial.

What Is the Federal Appeals Process Like?

Filing a federal criminal appeal begins with a notice of appeal submitted within 14 days of sentencing. After that, your attorney will review trial transcripts, court rulings, and legal briefs to build a strong argument. The appellate court will evaluate the legal issues raised. In some cases, oral arguments may be scheduled so the attorneys can present their positions in person.

Appeals often take months, and they require detailed knowledge of appellate procedure, legal standards, and persuasive writing. Sometimes you can get out on bail while you appeal a criminal conviction, but there is no guarantee; usually, you have to wait out the appeal process in prison. Having an attorney who understands how prosecutors build cases — and how they sometimes go wrong — can make a significant difference in the success of your appeal.

What If My Federal Conviction Appeal Is Not Successful?

If your initial appeal is denied, you may have other options, including a petition for rehearing, a motion to vacate your sentence, or — in rare cases — a petition to the U.S. Supreme Court. A qualified defense attorney can help you evaluate all potential next steps.

Contact a Chicago, IL Federal Criminal Defense Attorney

If you or a loved one has been convicted in federal court, speak with a Chicago, IL federal conviction appeal lawyer at Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney by calling 312-629-0669. As a former prosecutor, our attorney understands how to identify legal errors and present a strong challenge to unjust convictions. Your future deserves a second look.