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Request a Call Back →In most federal criminal cases, a notice of appeal must be filed within 14 days of the entry of judgment. In civil cases, the deadline is typically 30 days. Missing these deadlines can permanently forfeit appellate rights. Limited exceptions exist for excusable neglect or ineffective assistance of counsel, but courts apply these narrowly.
Federal appeals can challenge legal errors made by the district court, including erroneous jury instructions, improper admission or exclusion of evidence, sentencing guideline miscalculations, constitutional violations, and claims of ineffective assistance of counsel. Appeals generally cannot re-litigate factual determinations made by a jury unless no reasonable jury could have reached that conclusion.
A typical federal criminal appeal takes 12 to 18 months from the filing of the notice of appeal to a decision by the circuit court. The timeline varies by circuit, case complexity, and whether oral argument is granted. The process includes briefing schedules, record preparation, optional oral argument, and the court's written opinion.
A 28 U.S.C. §2255 motion allows a federal prisoner to challenge their conviction or sentence on constitutional grounds after the direct appeal has concluded. Common claims include ineffective assistance of counsel, prosecutorial misconduct, and newly discovered evidence. There is a one-year statute of limitations, and procedural default rules apply to claims not raised on direct appeal.
Yes. Both the defendant and the government can appeal a federal sentence. Common issues include incorrect guideline calculations, improper upward or downward departures, and substantively unreasonable sentences. Appellate courts review sentencing decisions for abuse of discretion, and a sentence within the guideline range is presumed reasonable on appeal.
Federal criminal defense attorney fees typically range from $10,000 to over $100,000 depending on the complexity of the case, whether it goes to trial, and the attorney's experience. Many offer payment plans. The cost of not having experienced counsel can be far greater.
A federal appeals attorney reviews the trial record for reversible error, prepares appellate briefs, and argues before the circuit court of appeals.
A criminal defense attorney investigates the charges, challenges the prosecution's evidence, negotiates with prosecutors, and represents the client at trial. Early involvement of counsel often improves outcomes.
Asset forfeiture lets the government seize property connected to criminal activity. Civil forfeiture proceeds against the property itself; criminal forfeiture follows a conviction. A defense attorney can challenge the seizure and seek return of the property.
Compassionate release allows a federal inmate to ask the sentencing court for early release based on extraordinary and compelling reasons — such as serious medical conditions, advanced age, or family circumstances — under 18 U.S.C. § 3582(c)(1)(A).
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About this site: this resource explains federal appeals defense, review standards, penalties, and attorney selection so readers can understand the site purpose immediately.
Legal briefs, case analysis, and practice notes — updated regularly.
Notable rulings and their implications for federal defense practice.
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Key procedural updates affecting federal criminal defense strategy.
Related: 3 Critical Steps Every White Collar Defendant Must Take Today After the Sentencing Commission's Proposal | Federal Defense Network — 3 Critical Steps Every White Collar Defendant Must Take Today After the Sentencing Commission's Proposal | Federal Defense Network — F
Monitoring divergent rulings across the federal circuits.
Related: 3 Critical Steps Every White Collar Defendant Must Take Today After the Sentencing Commission's Proposal | Federal Defense Network — 3 Critical Steps Every White Collar Defendant Must Take Today After the Sentencing Commission's Proposal | Federal Defense Network — F
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