Just like with the state criminal justice system, if you have been convicted of a federal crime, you can also appeal it. Unlike appeals that happen at the state level though, federal appellate courts are much more difficult to understand than appeals that happen in state court. This is largely due to the fact that federal appellate judges and their staff are kept separate from the defendant, their lawyer, and the public. To demystify the process, listed below are the top five things anyone convicted of a federal crime, such as embezzlement or drug trafficking, should know if they want to appeal the decision.
A Federal Appeal is Not a Retrial
Federal appeals do not take place in a courtroom. There are no witnesses, new evidence is not presented, and there is not a jury. Instead, federal appeals deal only with the legality of the original trial. Attorneys for each side will prepare a brief that raises any errors made in the original trial or responds to allegations of an error made.
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