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Federal Appeals in Mesa, Arizona

Arizona address – by appointment only:
7600 N 15th St. Suite 150
Phoenix, AZ 85020
888-680-1745
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

Challenging a criminal conviction, sentence, or adverse outcome can be the most important decision that you make. If you have been charged with a federal offense in Mesa, Arizona, appealing a court ruling against you can be a part of a planned defense strategy or an emphatic demand that a higher court rectify serious, outcome-determinative errors that were made during the trial.

The federal appellate lawyers at Oberheiden P.C. legally represent criminal defendants in federal court, both during the trial and for any appeals process that is necessary. They are available to help throughout the country, including in Mesa, Arizona.

Federal Defense Cases That We Handle

Our federal criminal defense attorneys handle a wide variety of charges on behalf of our clients. Many of these are serious and complicated criminal offenses, including:

  • Securities fraud
  • Conspiracy
  • Mail and wire fraud
  • White collar crime
  • Public corruption
  • Tax evasion
  • Healthcare fraud
  • Drug crimes
  • Embezzlement

In many cases, our skilled defense lawyers have been able to achieve a successful outcome at, or even before, trial. For example, in the past we have been able to:

  • Persuade prosecutors not to file charges during the grand jury stage of the proceedings
  • Drop the charges soon after they were filed by drawing out key holes in the evidence against the defendant
  • Get incriminating evidence excluded from trial due to civil rights violations committed by law enforcement officers
  • Take the case to trial and secure a not-guilty verdict

However, there are times when things do not go as planned. The trial court judge may make case-altering errors that imperil your future, sentence you to an inappropriately long prison term, or rule against you on a point of law that is either unsettled or incorrect. When this happens, the result needs to be challenged in order to protect your rights, your interests, and your future.

The appellate attorneys at Oberheiden P.C. can help you do that.

The Federal Court System in Mesa, Arizona

Federal criminal charges in Mesa, Arizona, or its surrounding environs first go through the United States District Court: District of Arizona. This District Court has locations in:

However, not all of these venues provide the same services. For example, cases are only heard in Phoenix, Tucson, Yuma, and Flagstaff, while the courts in Grand Canyon, Kingman, and Page only handle federal Violation Notices issued by the Central Violations Bureau.

Criminal offenses that are charged in Mesa generally proceed through the Sandra Day O’Connor U.S. Courthouse in Phoenix. This is located at 401 West Washington Street, Phoenix, AZ 85003, in the heart of downtown and among many of the other state and federal government buildings in the city.

The District of Arizona, however, is just the first level of the federal judiciary in Arizona. The District Court is where the trial would be held and, if the charges lead to a conviction, where defendants would receive their sentence.

Should the results of the case need to be challenged, the appeal would be filed with the United States Court of Appeals for the Ninth Circuit, commonly referred to as just the Ninth Circuit. The Ninth Circuit is the appellate court that covers the following states in the western U.S.:

  • Arizona
  • California
  • Nevada
  • Oregon
  • Idaho
  • Montana
  • Washington
  • Hawaii
  • Alaska

There are four courthouses in the Ninth Circuit. They are the:

Generally, appeals to the Ninth Circuit that originate in Mesa, Arizona, will be heard in the courthouse in Pasadena. However, the main building for the Ninth Circuit is the one in San Francisco, so cases can be heard there, instead. Occasionally, appeals from Arizona go before one of the other courthouses.

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)

When Appeals Can Happen

You can appeal a federal criminal case to the Ninth Circuit at three different junctures:

  1. Upon conviction
  2. After sentencing
  3. After a court order

The vast majority of appeals can only be filed after you have been convicted for the offense or after you have been sentenced for it. Only rarely can interim court orders or rulings be appealed. Those that are will generally involve complex issues of the law that are unsettled or that present novel problems – rare circumstances in federal criminal cases.

What to Expect During Your Appeal

The appellate process is not one that is familiar to most of the American public. TV shows and movies tend to focus on the trial because it has the most potential for dramatic scenes. This has left very few people with an understanding of how different an appeal will look.

The most important thing to remember is that appealing your case does not mean that it will get retried – at least not initially. Instead, your appellate lawyer will isolate a point of error that happened during the trial or the pretrial process or a disputable legal issue and then demand that a higher court review it. The appeal will then focus intensely on this issue. While the trial had a broad scope and aimed to determine what happened, the appeal will have an extremely narrow scope and will go very in-depth on it.

Most of the work that happens in an appeal goes on behind the scenes. There is no new evidence to gather, so the only action is researching and writing legal briefs and potentially giving an oral argument before the judges of the Ninth Circuit.

If you win your appeal, one of three things can happen:

  1. The judges of the Ninth Circuit can remand your case back to the District Court with instructions for the judge on how to adjust the outcome of your case,
  2. They can throw out your conviction and order a new trial, or
  3. They can overturn your conviction.

If your appeal loses at the Ninth Circuit, you may be able to appeal that loss to the Supreme Court of the United States. While the Supreme Court is unlikely to accept your appeal, it is often worth trying, particularly if there is an issue of federal criminal law that is unsettled or that needs to be resolved.

Frequently Asked Questions About the Appeals Process in Mesa, Arizona and Oberheiden P.C.

How Soon Does the Notice of Appeal Need to be Filed?

 

Under Rule 4(b)(1)(A) of the Federal Rules of Appellate Procedure, the Notice of Appeal generally has to be filed within 14 days of the verdict, sentence, or adverse ruling. While this Notice of Appeal is a short document, it triggers the appellate procedure by putting the district court and law enforcement on notice that you intend to seek the Ninth Circuit’s review of your case.

Will My Case Go to the Supreme Court?

 

It is possible to appeal your criminal case all the way to the United States Supreme Court. However, it is unlikely. If your appeal to the Ninth Circuit does not get the outcome that you want, you can request the Supreme Court to review your case by filing a petition for writ of certiorari. This is an extremely complicated filing that asks the Supreme Court to hear your appeal and explains to the Justices on the Court why your case is important. However, the Supreme Court only accepts around 2 percent of these requests.

Why Should I Hire Oberheiden P.C. to Conduct My Appeal?

 

Because we have the experience, talent, and the legal understanding that are necessary to win.

All of the lawyers at Oberheiden P.C. are senior level attorneys with a high level of experience handling federal criminal charges. Many of our lawyers were also top prosecutors within some of the same federal agencies that are likely to be pursuing your charges before leaving law enforcement in order to join Oberheiden P.C. as defense attorneys. That experience and intimate understanding of the law and the enforcement process has helped them amass a long track record of successes in appellate courts across the country, including in the Ninth Circuit.

What Reputation Does the Ninth Circuit Have?

 

The Ninth Circuit is generally considered to be the most liberal Circuit Court in the country. This is good news for criminal defendants: The appellate judges on the Ninth Circuit take civil rights very seriously and are often far more skeptical of law enforcement actions than other appeals court judges.

Why Doesn’t Oberheiden P.C. Call Itself the Best Appeals Firm?

 

Because we prefer to let our happy clients say those sorts of things. Our firm has a roster of extremely experienced defense lawyers and very capable investigators. Together, they have produced some exceptional appeals strategies that have paid off for Oberheiden P.C.’s clients.


National Federal Appellate Lawyers at Oberheiden P.C. Serve Clients in Mesa, Arizona

The federal defense lawyers at Oberheiden P.C. have guided numerous clients through the appeals process in the Ninth Circuit, including clients based in Mesa, Arizona. With our legal advice and representation, many of our clients have achieved the successful outcome that they were deprived of at trial.

Contact us online or call our law office at (888) 680-1745 today to get started on your appeal. Do not hesitate – many of the deadlines for filing an appeal in the federal criminal justice system are extremely tight, and the initial filing is a complex endeavor. It is critical to get started immediately.

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