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Federal Criminal Appeals in Austin, Texas

Austin address – by appointment only:
701 Tillery Street Suite 12
Austin, TX 78702
512-883-1645
Linda Julin McNamara
Attorney Linda Julin McNamara
Federal Appeals Team Lead
Former Deputy Chief, Appellate Division
Elizabeth Stepp
Attorney Elizabeth K. Stepp
Federal Appeals Team Lead
Partner & Yale Graduate
Nick Oberheiden
Attorney Nick Oberheiden
Federal Appeals Team Lead
envelope iconContact Nick

If you are convicted for a federal crime in Austin, Texas, you have the right to appeal your case. Legal mistakes can be made during trial and the lead up to it. In fact, many people are wrongly convicted and unjustifiably sentenced. The appeals process is essential for these defendants, and can be their only hope of overturning their conviction.

While this is a highly stressful situation, with the right legal representation defendants in Texas can correct their wrongful convictions by appealing their case to a higher court. However, you must contact a federal appeals lawyer as soon as possible. The appellate court in Austin has rigid deadlines. You will need to file a Notice of Appeal within 14 days of your sentencing.

If you do not follow the guidelines of the court, you will miss your chance to appeal. Reach out to our federal criminal appeals lawyers at the national defense firm Oberheiden P.C. early on in the appeals process. We will guide you through each legal step and ensure that your appeal is filed by the correct date.

Federal Criminal Justice System in Austin, Texas

As you enter the federal criminal justice system in Austin, understand that you could be facing serious repercussions. Criminal charges at the federal level typically result in harsher sentencing and legal penalties than they carry at the state level. If you are convicted of a criminal offense, your freedom and rights will be on the line. That is why it is crucial to hire a qualified legal defense team to fight on your behalf.

Federal agencies will try their best to prosecute you in federal court. They have the resources and time to build a strong case against you. Defendants often decide to plead guilty and take a plea bargain, as this is one of the simplest ways to avoid a harsh sentence and reduce the severity of the charges. However, many choose to dispute their charges and prove their innocence in court in a criminal trial.

When you are charged with a federal offense in Austin, Texas, your case will be heard by the United States District Court for the Western District of Texas. The location of the Austin courthouse is 501 West 5th Street Austin, TX 78701. If you can win your criminal trial this will likely be the final destination in your legal journey. However, if you believe a mistake or misjudgment was made by the jury, judge, or prosecution team, your case will have to be appealed to the circuit court in Texas.

Oberheiden P.C. can represent you if you plan on appealing. We will discuss your legal options and analyze your case to see if you have grounds for an appeal. If you do, your appeal will be heard by the United States Court of Appeals for the Fifth Circuit.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester
Brian J. Kuester

Former U.S. Attorney

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Joe Brown
Joe Brown

Former U.S. Attorney

Local Counsel

John W. Sellers
John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara
Linda Julin McNamara

Federal Appeals Attorney

Aaron L. Wiley
Aaron L. Wiley

Former DOJ attorney

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (DOJ)

Chris Quick
Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow
Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

What to Expect During the Appeals Process in Austin, Texas

If you are convicted for a federal crime, you should hire legal representation right away if you want to appeal. Many defendants have a basic grasp of criminal trials, but the appeals process is entirely different. Defendants will not receive a new trial during their appeal. Furthermore, new evidence, testimony, and witnesses will not be permitted. This is because your appeal will focus on the legal errors made during your trial. You and your legal team must prove that your sentencing or conviction was unfair. Typically, this is done by showing the appellate court what specific mistakes were made during your initial trial. Grounds for an appeal could include the following:

  • The evidence is not sufficient to prove your guilt
  • The jury was biased or there was misconduct
  • The judge did not apply the law correctly during your trial or the law is ambiguous
  • There were other errors made that put your verdict into doubt

After you and your lawyer find solid grounds for your appeal, you will have to file a Notice of Appeal. As we mentioned, this must be submitted within 14 days of your sentencing. Our appeals lawyers will help you fill out this basic document and have it sent to the district court where your case was heard. The district court will then send the record of the trial to the circuit court for review.

When your appeal is delivered, we will start working on your brief. Our appeals team uses existing court records to compose a strong brief that explains why you are making an appeal and why your verdict should be overturned. Once your brief is sent to the judges on the appellate court, your case will be reviewed. The prosecution team will also send in their own brief explaining why your conviction should not be overturned.

In most cases, the judges will look over the briefs behind closed doors. However, if they need more information, they will ask your lawyer to do an oral argument. Once the arguments are made and the briefs analyzed the judges will make a final decision. You will not hear back from them right away, as they send out an official document explaining their choice later on.

Defendants that win their appeal could get a reversal of their conviction, a brand new trial, or there will be new legal instructions for the trial court. If you lose your appeal you might have to appeal for a rehearing or appeal to the U.S. Supreme Court.

Oberheiden P.C. Handles a Wide Range of Federal Appeals Cases

The federal appeals lawyers at Oberheiden P.C. have years of experience representing clients in the appellate courts. We have handled cases in Austin, Texas, and many other areas of the country. Criminal cases we have taken on have included:

  • Healthcare fraud
  • Conspiracy
  • Embezzlement
  • Bribery
  • Money laundering
  • Drug crimes
  • Securities fraud
  • Public corruption offenses
  • Import/Export Violations
  • Mail and wire fraud
  • Tax evasion

Hiring a federal criminal appeals lawyer is the most critical step in the appeals process. Without good legal representation, you could lose your appeals case. Many people think that any federal defense lawyer can represent their interests in the appellate court, but this simply is not true.

Appeals lawyers have a specific set of skills and knowledge that will help you get the legal results you are looking for. They understand how to write persuasive briefs, how to convince appeals judges during an oral argument, and what legal errors could constitute a reversal of your sentencing or conviction.

Our appeals lawyers can aid you with the criminal cases we listed above and other types of federal appeals. So, contact us as soon as you can to find out whether you are eligible to appeal the trial court’s decision.

Frequently Asked Questions About Federal Appeals and Oberheiden P.C.

What Happens if You Do Not File an Appeal?

 

The consequences of a federal criminal conviction are severe. If you choose not to file an appeal you could face legal consequences. This includes the seizure of your money, personal belongings, and other property proven to be connected to your suspected crimes. Convicted felons also face longer prison sentences and heavy fines that will impact their financial and personal well-being deep into the future.

No one wants to lose their freedom and other civil rights. However, if you do not file your appeal on time or choose not to appeal then you have a lot to lose. Of course, you cannot file an appeal on a whim. Defendants need actual grounds for an appeal and have to prove that their conviction should be overturned.

That is why it is important to speak with our legal team. Doing nothing will make your situation worse. Not everyone qualifies for an appeal, but we can help you figure out whether this is a viable choice for your case.

Why Do We Not Call Ourselves the Best Appeals Law Firm?

 

Oberheiden P.C. refrains from calling itself the best appeals law firm for a reason. While we are confident in our ability to advocate for you in the appellate courts and the Fifth Circuit Court of Appeals, we think it is important to hear from our previous clients about our legal capabilities. We have created successful outcomes for many of these clients in the past. You can take a look at some of the positive testimonials that they have left on our website to get a better idea of who we are and how we have helped defendants that needed to make an appeal in the past.


Contact Oberheiden P.C. for Legal Representation in Austin, Texas

You should not navigate the appeals process alone, as you could be in danger of losing your assets, rights, and freedom. If you lose your appeal and cannot convince the judges that a legal mistake was made, your conviction and sentencing will remain and you might have to appeal to the Supreme Court. Thankfully, the lawyers at Oberheiden P.C. can handle your appeals case all the way to the end.

Contact our law firm through our website today to get started with your appeal. We also have a national phone number you can call at 512-883-1645. Our team can answer any of your questions about the appeals process, your case, and the legal options available to you.

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