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Federal Appeals in Miami, Florida

Miami address – by appointment only:
2250 Southwest 3rd Ave, 4th Floor
Miami, FL 33129
305-928-8505
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 have been convicted of a crime in Miami, Florida, do not wait to find legal representation. A federal sentence or conviction might seem impossible to overturn at first. However, judges, law enforcement, and even federal prosecutors can make mistakes during your criminal trial, which means that you could have grounds for an appeal.

Still, you must act fast and decide whether to appeal within a certain timeframe. The appellate court will not wait for you to appeal your case. That is why we suggest contacting the federal criminal appeals lawyers at the national defense firm Oberheiden P.C. right away. Our legal team has extensive experience in the appellate courts and will strongly defend your interests in Miami, Florida.

Understanding the Federal Criminal Justice System in Miami, Florida

Understanding the federal criminal justice system in Miami, Florida can help prepare you for the lengthy legal battle ahead. Most likely, you have already gone through the federal court system and been sentenced or convicted for a crime. However, if you are still fighting federal charges, there are a few steps that will happen before the appeals process can begin.

Defendants are usually investigated by federal authorities first. Then, once enough evidence is gathered and probable cause is established by the court, you will be arrested and charged with a crime. The pre-trial stage comes next. During this part of the legal process, many individuals plead guilty and make a plea bargain to avoid a full criminal trial.

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 Miami, Florida

The appeals process will bring about a new set of legal challenges for defendants. Unfortunately, filing for an appeal does not grant you a new trial. Instead, you and your legal team must find grounds for an appeal and will need to show that errors took place during your criminal trial. Some examples of trial errors could include:

  • Insufficient evidence to prove your guilt
  • Misconduct or bias from the jury
  • The judge did not correctly apply the law
  • The law is ambiguous or unsettled

The error, or errors, will be the basis for your appeals case. Before any evidence is gathered or analyzed, though, a Notice of Appeal must be filed with the district court where your trial took place. You must file this document within 14 days of your criminal sentencing.

Once you pay the filing fee for your appeal, you can order the trial transcripts. Your legal team will then gather evidence from these transcripts to prove that a mistake was made during your trial.

Our federal criminal appeals lawyers will write up a brief explaining what legal error was made in court, and why your conviction or sentence should be overturned because of it. At the same time, the prosecution team will write their own brief explaining why the lower court’s decision should be upheld. It is our job to write a persuasive brief that helps you win your appeals case. Overturning the lower court’s decision is notoriously difficult, but with the right evidence and arguments, you have a chance of winning your appeal.

After the briefs are sent off to the appellate court, the judges on the Tenth Circuit will convene and review the written briefs. In more complicated legal cases, your attorney might be sent to court for an oral argument. This will help the court better understand the arguments and evidence at issue. Most appeals cases are completed behind closed doors without an oral argument, though.

It will take some time for the appellate court to come to a final decision. They have to review all the relevant information. When they are done, they will send out a letter with their official appeals decision. This could result in the affirmation of your conviction, a reversal of your case’s outcome, or even a new trial.

Types of Criminal Cases that Oberheiden P.C. Handles

The appeals system is meant to safeguard your freedom and civil rights. Oberheiden P.C. will ensure your Notice of Appeal and brief are ready for the appellate court so that you receive the legal outcomes you deserve. Our team of senior lawyers can aid you with a wide range of criminal cases, including:

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

We also help our clients handle many other types of federal charges. No matter what stage of the legal process you are in, the lawyers at Oberheiden P.C. can help you retain your freedom and find the best legal options for your criminal appeals case.

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

What Legal Outcomes Can You Expect From a Federal Appeal?

 

We briefly talked about the legal outcomes of your federal appeal case, but what does it mean to have your appeals overturned or affirmed? If the judges on the appellate court believe that the lower court made the right decision, they will affirm that decision.

That means that your conviction and sentencing remain unchanged. In this situation, you can try to make another appeal and rewrite the brief. But, if the appeal is still rejected you can send an appeal to the Supreme Court. Our lawyers will prepare you for the higher courts if we think this is the best option for your case. Keep in mind that very few appeals are heard by the Supreme Court as they only take on the most important appeals cases.

If the appeals court thinks the trial court made the wrong legal decision, though, they can overturn your initial sentencing or conviction. This could result in a total reversal of your original conviction or a reduced sentence. In other situations, your case could be remanded and returned right back to the lower courts with new legal instructions from the appellate court. This can mean that you will get a new trial for your case.

What Reputation Does the Tenth Circuit Court Have?

 

The Tenth Circuit oversees appeals in six states with an even mix of liberal and conservative judges. The Democratic judges have a slight advantage in power as Democrats outnumber Republicans six to five in this circuit court.

Considering this, your civil rights as a criminal defendant will have more weight in the Tenth Circuit Court, especially when compared to courts that are far more conservative.

Our legal team at Oberheiden P.C. will do everything we can to make sure your legal goals are met during your appeals. If you have to take your case to the Supreme Court, though, we will prepare you for the legal defense at this level of appeals.

Why Should I Hire Oberheiden P.C. for My Appeal?

 

Oberheiden P.C. is one of the only law firms in the country that only employs senior level attorneys. All of the legal work that is done on your case will be performed by extensively experienced lawyers, many of whom have distinguished prior careers within the same federal agencies that are likely prosecuting your case. That insider’s knowledge of how law enforcement is likely to proceed is invaluable to have on your side of an appellate case.

Why Does Oberheiden P.C. Not Call Itself the Top Criminal Appeals Law Firm?

 

Oberheiden P.C. does not call itself the top criminal appeals law firm, as we firmly believe that our client’s words should be taken over our own. You can find positive testimonials from our previous clients on our website, and hear exactly how we have helped defendants successfully win their appeals cases. This should help you decide whether we are the right criminal appeals law firm for your case in Miami.


Contact Oberheiden P.C. Today for Legal Representation in Miami, Florida

Defendants have the right to appeal unlawful criminal convictions and sentencing. Our legal team can thoroughly assess your case and see whether you have grounds for a federal criminal appeal. Oberheiden P.C. can be contacted through our website. You can also call our office at our nationwide number which is: (888) 680-1745. Again, you must take action right away, as federal appeals are time-sensitive. Do not put yourself at risk by hesitating to hire an appeals lawyer.

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