Tucson, Arizona Federal Appeals Attorney - Federal Lawyer
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Tucson, Arizona Federal Appeals Attorney

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
Nick Oberheiden
Attorney Nick Oberheiden
Federal Appeals Team Lead
envelope iconContact Nick

Defendants facing criminal charges in federal court have rights. One of the most important is the right to appeal an adverse outcome, such as a sentence, conviction, or sometimes a preliminary court order. Making use of this right can be necessary to preserve your interests and your future during a federal criminal case in Tucson, Arizona.

The federal appellate defense lawyers at Oberheiden P.C. have legally represented countless criminal defendants across the country, both at the trial stage and during appeals. With their experienced and insightful legal guidance, defendants who have been convicted or sentenced have invoked their rights to appeal the outcome. Many of them have succeeded in getting a better result at the appellate level. Some of these defendants have been in the Tucson, Arizona, area or have taken their case to the appellate level in the Ninth Circuit Court of Appeals.

The Federal Criminal Justice System in Arizona

After you have been arrested and charged, there will be a pretrial process that fleshes out the evidence against you. Motions will be filed to try to exclude some of that evidence and plea negotiations take place. Most cases end with a plea deal. Some go to trial in a United States District Court. In Arizona, this is the United States District Court for the District of Arizona.

The District of Arizona has eight locations across the state, though only four of these hear federal criminal cases. One of those four courthouses is located in Tucson, itself, in the Evo A. DeConcini United States Courthouse at 405 West Congress Street, Tucson, AZ 85701. This is where your criminal trial would be held, and is also where you will generally make your court appearances, including your sentencing if you are convicted or plead guilty.

The District Court system, however, is only the first of three levels to the U.S. criminal justice system. The appellate level is the United States Court of Appeals for the Ninth Circuit, generally referred to merely as the “Ninth Circuit.” The Ninth Circuit has jurisdiction over the following nine states:

  1. Alaska
  2. Arizona
  3. California
  4. Hawaii
  5. Idaho
  6. Montana
  7. Nevada
  8. Oregon
  9. Washington

The Ninth Circuit has four locations in these states:

  1. William K. Nakamura Courthouse (1051 6th Ave., Seattle, WA 98104)
  2. Pioneer Courthouse (700 SW 6th Ave., Suite 110, Portland, OR 97204)
  3. James R. Browning Courthouse (95 7th Street, San Francisco, CA 94103)
  4. Richard H. Chambers Courthouse (125 South Grand Ave., Pasadena, CA 91105)

Appeals from Arizona generally go through the Ninth Circuit’s courthouse in Pasadena, California, because it is the closest. Occasionally, though, they will be heard by the Ninth Circuit elsewhere, often in the appellate court’s headquarters in San Francisco.

Should the Ninth Circuit rule against you on appeal, you have the opportunity to appeal its decision to the Supreme Court of the United States, in Washington, D.C. While this is a possibility, it is rare for the Supreme Court to accept your case for hearing: It takes on fewer than 3 percent of the petitions that it receives from across the country.

Oberheiden P.C. Handles Most Federal Offenses on Appeal

Some of the most serious criminal offenses are prosecuted at the federal level. These crimes allege a violation of federal criminal law, rather than state law. The repercussions of these convictions are severe, with many offenses carrying decades in a federal penitentiary. Even convictions for non-violent offenses, like white collar crimes, have draconian penalties.

The defense lawyers at Oberheiden P.C. handle the vast majority of these federal offenses. We have represented clients who have been accused of committing:

  • Healthcare fraud
  • Securities fraud
  • Conspiracy
  • Mail and wire fraud
  • Tax evasion
  • Drug offenses
  • Embezzlement
  • Bribery or other public corruption offenses
  • Money laundering
  • Other white collar offenses

Our experienced attorneys have represented defendants facing these, as well as other, serious federal offenses both at the trial level as well as on appeal.

In many cases, we have been able to secure a favorable outcome at trial or even before it. For example, we have a strong track record of:

  • Securing a not-guilty verdict after trial
  • Getting incriminating evidence excluded from your trial because it was obtained in violation of your rights, drastically undermining the case against you
  • Persuading prosecutors to either drop the charges against you or to decide not to file them at all

Unfortunately, not all defenses work at trial. In some cases this is not even a surprise: Our attorneys frequently represent defendants in difficult cases that hinge on an unsettled point of law, so appealing the outcome of the trial is an anticipated part of the defense.

When this happens, it is essential to have a law firm that can handle both the trial and the appeal effectively. Trial attorneys need to know how to preserve issues for appeal, or else the appeals process can be far more difficult than it has to be.

At Oberheiden P.C., we understand how to fit these pieces together to protect your rights and interests.

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 You Can Expect During the Appeal

Very few people outside the legal profession are familiar with how appeals work in the federal criminal justice system. TV shows and movies tend to focus exclusively on the trial because that is where the drama is the most apparent.

The most blatant misunderstanding that most people have is that appealing their case means it will get retried. It will not. You get one trial and, at the end of it, if you do not like the outcome you have to challenge the results by pointing out something that went wrong during it. This often takes the form of one of the following issues:

  • The trial judge misapplied the law
  • The trial judge improperly admitted evidence or made another procedural mistake that prejudiced you
  • The jury issued a verdict that is not supported by the evidence
  • Your sentence was inappropriate for the offense
  • Your case hinged on an unsettled area of the law

Your appeal will focus on one of these grounds for error. Your appellate case will go into great depth on this single issue. No new evidence will be gathered, no new testimony will be given, and the appeal will look only at the record produced during the trial. Your lawyers will file motions and briefs and possibly speak at an oral argument before the judges of the Ninth Circuit, who will then issue an opinion based on the arguments that were presented to it.

If you lose your appeal at the Ninth Circuit you have the right to petition the Supreme Court to review your case. While this is rarely accepted, if your case presents important legal issues it can still be a wise avenue to pursue. The lawyers at Oberheiden P.C. can continue their legal representation as far as your case goes.

If you win at the Ninth Circuit, the appellate court may:

  • Overturn your conviction, outright
  • Throw out your conviction and order a new trial
  • Remand the trial back to the District Court in Arizona with instructions for the trial judge to follow

Frequently Asked Questions About Oberheiden P.C. and Federal Appeals in Tucson, Arizona

How Does the Ninth Circuit Stack Up to Other Appellate Courts?

 

The Ninth Circuit is widely considered to be the most liberal Circuit Court in the federal system. Lots of its judges were appointed by presidents from the Democratic Party and confirmed by Democrat-dominated Senates. This is good news for criminal defendants: These judges generally take the civil rights of criminal defendants very seriously and are more likely to be skeptical of the actions of law enforcement agents.

Why Should I Consider Oberheiden P.C. to Handle My Appeal?

 

Because the lawyers at Oberheiden P.C. are all senior level attorneys with lots of experience defending against federal criminal offenses. Our intimate understanding of the law is important at trial, but is even more important during an appeal, where your defense will have to delve into the nuances of a single legal issue, rather than cover a broad spectrum of legal arguments. Additionally, many of the lawyers at Oberheiden P.C. used to work for the federal law enforcement agencies that are likely behind your criminal charge. This gives our lawyers an insider’s understanding of how the prosecutors in your case will likely move forward with their appellate strategy.

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

 

We do not think that these statements should come from us. Instead, we would rather let our clients tout our legal services and successes. Many of our prior clients have left glowing testimonials about the legal representation that we provided them during their appeal.


Contact the Senior Lawyers at Oberheiden P.C. for Representation in Tucson, Arizona

The federal appeals lawyers at Oberheiden P.C. focus their practice on federal offenses. Contact them online or call their law office at (888) 680-1745 quickly to begin your appeal: Rule 4(b)(1)(A) of the Federal Rules of Appellate Procedure requires a Notice of Appeal to be filed within 14 days in order for you to invoke your rights to challenge the outcome of your case.

Why Clients Trust Oberheiden P.C.

  • 2,000+ Cases Won
  • Available Nights & Weekends
  • Experienced Trial Attorneys
  • Former Department of Justice Trial Attorney
  • Former Federal Prosecutors, U.S. Attorney’s Office
  • Former Agents from FBI, OIG, DEA
  • Serving Clients Nationwide
Email Us 888-680-1745
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