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Top Five Things You Should Know About a Federal Appeal
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.
Key Differences Between the Federal Justice System and the State Justice System
When many people hear of the federal justice system, they may at first imagine tough United States attorneys and convictions that come with much harsher sentences in federal prison. Both of these are elements of the federal justice system, but there is also much more to it than just that. There are also many ways this system varies from the state justice system in Illinois. Below are just a few of the main differences between the two.
The Judges
According to the Constitution, federal judges are appointed by the President and confirmed by the Senate. In most cases, federal judges hold these positions for life. The only exception to this is if they are charged with misconduct in which case, Congress will hold impeachment hearings and determine whether a judge should be removed.
State judges, on the other hand, are elected into their position and they are not guaranteed to hold it for life. If they wish to remain on the bench, they must run for re-election.
What Are the Counterfeiting Laws and Penalties in the United States?
The FBI has recently broken up a counterfeiting scheme involving fake iPhones and iPads. The scheme was a sophisticated one. Although the devices were fake, they contained the original International Mobile Equipment Identity numbers and serial numbers. These are nearly impossible to counterfeit and usually only appear on original products. The suspects are three brothers that now face a number of counterfeiting charges. Many people think that counterfeiting is a somewhat old crime, but stories like this show it is just as prevalent as ever. So, what are the penalties for it, and are there any defenses to these charges?
The Definition of Counterfeiting Under the Law
Under the law, found at 18 U.S.C.A., Section 471, counterfeiting is defined as intending to defraud, falsely create, forge, counterfeit, or alter any security of the United States. The term ‘security of the United State’ indicates U.S. currency. However, for a bill to be considered counterfeit, the fake must be close enough to real currency that it would fool a reasonable person.
Is it Really a Federal Crime to Kill a Bald Eagle?
In June 2025, a Virginia hunter was convicted of poisoning more than 20 juvenile bald eagles and red-shouldered hawks by lacing fish heads with carbofuran, a banned pesticide. One eagle was filmed suffering for hours before dying. Despite the scale of the harm, the hunter received only one day in jail, probation, and a fine of nearly $10,000. This raised serious questions about how federal wildlife laws are enforced.
Cases like this remind the public that harming a bald eagle is a federal crime, even if the eagle survives. Violations can lead to hefty fines and prison time. These protections are far from symbolic and are aggressively prosecuted by federal authorities. If you are facing investigation or charges, you should speak with an experienced Chicago, IL federal criminal defense attorney immediately.
Indicted by a Grand Jury? Your Case May Still Be Dismissed
So, a grand jury has convened and determined that there is enough to indict you. It looks like you are headed to a federal criminal trial and there is no hope for anything else to happen. While it may seem that way, that is not always the case. At this point, you must speak to a federal criminal defense attorney. A federal attorney can advise you on the many options you still have, including those below that could have your case dismissed.
Biased Jury
Under the Fifth Amendment, you have the right to an independent, informed, and unbiased jury. If for any reason, your attorney feels as though the jury was prejudiced in any way, this is a reason for dismissal. For example, if your case is high profile in the area the grand jury was convened in, and the jury was not sequestered, this is enough reason to have your case dismissed.
An Abundant Reliance on Hearsay
Did You Receive a Federal Grand Jury Subpoena?
Receiving a federal grand jury subpoena is very frightening. You must take action as soon as possible, as the consequences of doing nothing are great. You may not know whether you are the suspect in a criminal case, or if the federal prosecutor wants to speak to you as a witness. Taking action can help clear this up, and make sure you protect yourself. Below are a few tips that will help you do just that.
Contact the United States Attorney’s Office
After you receive your subpoena, there’s a very good chance that the U.S. Attorney’s Office will know much more about the case than you will. You will need to contact them, but it is likely that they will be very reluctant to discuss the case with you, particularly if you are a suspect in a criminal case. This task should be left to a federal criminal defense attorney that will understand how to handle the U.S. Attorney’s Office.
Is Drug Trafficking a Federal Crime?
It was at the end of October when an Illinois woman was sentenced to 20 years in federal prison after being convicted of drug trafficking. The woman was charged with selling drugs through the mail to a man in South Dakota, who later died after using the heroin he had purchased from her. The story is interesting, as many people know that drug trafficking charges are usually tried at the state level. So, what makes drug trafficking a federal crime?
When Trafficking Charges Become Federal
It is true that much of the time, those facing drug trafficking charges will be prosecuted by their own state. If convicted, they will then likely be sentenced to a number of years in state prison. However, there are certain circumstances that could change state trafficking charges to federal charges. These include:
- When the quantity of drugs is exceptionally large
- The arresting officer works for a federal agency
What Is Antitrust Law?
Antitrust law is an umbrella term for a number of federal laws that are intended to keep businesses operating fairly and honestly. These laws regulate the way companies do business, leveling the playing field and ensuring no one business has too much power. Within antitrust law, a trust is considered a group of businesses that form together to create a monopoly or otherwise control the free market. Some of the most important pieces of legislation in the United State that outline antitrust laws are the Sherman Anti-Trust Act, the Interstate Commerce Act, the Interstate Commerce Act, the Federal Trade Commission Act, and the Clayton Act.
Antitrust Laws and Monopolies
It is true that antitrust laws prohibit companies from creating monopolies, which leave consumers without any choice and force them to purchase from one company or group of companies. However, these laws do not prevent companies from controlling a large share of the market, as long as they do so through honest and fair means. When determining whether or not a certain practice is unfair, the courts will use the rule of reason test. This test considers the effect of the business’ decisions on the market.
Animal Cruelty May Soon Be a Federal Offense
Federal lawmakers have been working on a proposal since the beginning of the year and in late October, that piece of legislation came much closer to becoming law. The new law, if passed, would make animal cruelty a federal crime. Currently, animal cruelty laws are largely left to the states to enact and enforce. The proposed bill is an attempt to expand on a law that was passed during the Obama administration. It has not passed yet but has so far received bipartisan support.
Animal Crush Video Prohibition Act of 2010
While Barack Obama was in the White House, he signed into law the Animal Crush Video Prohibition Act of 2010. This law was in response to a series of extremely disturbing videos depicting animal cruelty. The law got its name because the videos often showed animals being crushed, along with a number of other violent acts. This act made it illegal for people to videotape these acts of cruelty.
The Crime of Unlawful Mailing and Suspicious Packages
Anyone that has ever been to the post office to mail a package is familiar with the questions postal workers ask. One of those is whether or not the package contains anything that is flammable, toxic, or otherwise potentially dangerous. Most people immediately say the package does not contain any of those contents. Truthfully, most cannot even remember what the postal worker said. However, listening to this question and responding truthfully is important. If you do mail any of those prohibited items, even by mistake, you can be charged with a federal offense.
What Is Unlawful Mailing and Suspicious Packages?
The offense of unlawful mailing and suspicious packages is covered under 39 U.S.C. Section 3001. This lengthy statute outlines a laundry list of offenses pertaining to sending mail through the United States Postal Services (USPS).
When a person is suspected of committing one of the offenses stated in the statute, an investigation is conducted. This investigation typically includes the USPS and their branch of law enforcement, the United States Postal Inspection Service. In certain cases, the Department of Justice (DOJ) may also get involved.
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