Direct appeals in all circuits from conviction and sentence

If you have been convicted of a crime after a trial in federal court, you have the right to appeal your conviction and sentence. If you have been convicted following a guilty plea, you have the right to appeal your sentence (unless you have knowingly and intelligently waived that right). Under some circumstances you may even be able to challenge your guilty plea. Attorneys from the Law Offices of Alan Ellis are nationally-recognized experts in criminal appeals. The firm regularly represents clients in direct federal criminal appeals throughout the country.

An appellate court does not decide whether a defendant is guilty or innocent. The question before a court of appeals is whether the record (i.e., what happened in the lower court) contains one or more legal errors that affected the verdict or sentence. If these legal mistakes are important enough, the case is sent back to the lower court, usually for a new trial or sentencing. Sometimes, although far less often, a case will be reversed with directions to dismiss it.

Many issues may be raised on direct appeal. Examples include arguments that the evidence does not support the verdict, or was improperly admitted or excluded. Errors in a judge's pretrial or trial rulings also can be raised on appeal, such as mistakes in the jury instructions. Other issues for appeal include problems with jury selection, such as when a prosecutor excludes jurors because of their race, or when the district court improperly refuses to exclude a biased juror. Certain types of sentencing issues may also be raised on appeal. For example, a defendant may challenge the legality of a sentence or the application of the sentencing guidelines.

The Law Offices of Alan Ellis limits its practice to representing federal criminal defendants in plea negotiations, sentencing representation and consultation; Rule 35 Motions; prison designation, transfers, disciplinary matters and other problems; direct criminal appeals; 2255 habeas corpus motions and other post conviction remedies; and international prisoner treaty transfer work for foreign inmates and Americans arrested abroad. Its goal is to secure for its clients the lowest possible sentence, and if it is one of incarceration, to be served at the best possible facility, with release at the earliest opportunity.

Read "A Federal Criminal Appeal Primer: A Guide for Clients and their Family and Friends."

Winning Appelate Victories

For more information about direct appeals in all federal circuits, please contact the Law Offices of Alan Ellis.