Arizona Federal Criminal Appeals Lawyer
We Are The Federal Criminal Appeals Law Firm.
If you have been convicted of a crime in Arizona you have the right to appeal to the Ninth Circuit Court of Appeals. Our Federal Criminal Appeals lawyers will ensure that you are treated professionally and courteously. We are uniquely qualified to handle your Federal Criminal Appeals because our law firm deals exclusively with Federal Criminal Appeals. Many law firms have an appeals practice area or an attorney that has done appeals. We are unique because all of our time, focus, and attention is devoted to winning Federal Criminal Appeals. Individuals convicted under Federal Law often face serious penalties including fines, restitution and a jail sentence. Our attorneys have an intimate knowledge of Federal Criminal Appeals and we make sure all your legal issues are addressed on appeal. Start your case with a free consultation and we will explain the entire Federal Criminal Appeals process.
Arizona is located in the Ninth Circuit Court of Appeal’s jurisdiction and that means that all Arizona Federal Criminal Appeals are argued before the Ninth Circuit Court of Appeals. The Ninth Circuit hears cases from Phoenix, Tucson, Flagstaff, Yuma, and Prescott and stemming from crimes emanating from all over Arizona. Whether you have been convicted of a violent crime, gun crime, drug crime, and whether you opted for a plea bargain or a complete trial, the Appellate Law Office of Stephen N. Preziosi is here to help. Federal Criminal Appeals is a complicated process and we will be with you every step of the way.
Arizona Appealable Issues in The Ninth Circuit Court of Appeals
Arizona Federal Criminal Appeals: RICO Act Convictions
If you have been convicted under the RICO Act, you are likely facing significant fines and/ or prison time. You need an experienced Federal Criminal Appeals lawyer to protect your right to appeal your RICO Act conviction. Federal Criminal Appeals in the Ninth Circuit Court of Appeals is a complex process. Our lawyers are experts at appealing RICO Act convictions, and we meticulously craft persuasive arguments and present them to a panel of judges so that the potential of winning you Federal Criminal Appeal is at its absolute highest.
The RICO Act seeks to penalize those involved in ongoing criminal organizations, and commonly for those involved in controlling a business or property. The federal crimes committed by the defendant that are applied to RICO convictions are defined as “racketeering activity.” Pursuant 18 U.S.C. 1961, “racketeering activity” generally includes “any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion…” as well as other types of crimes.
Under 21 U.S. Code 841, to be convicted of a RICO Act violation, one must be involved in a “pattern” of racketeering activity, be part of a “criminal enterprise,” and the violation must have an effect on interstate commerce. A pattern of racketeering activity essentially means that there was a continuous series of crimes committed, and those crimes were related to one another. For example, a group of men who participate in illegal gambling in the back of a restaurant consistently over a period of several months would be involved in a pattern of racketeering activity. The group of participants, in this instance, would make up the criminal enterprise.
Arizona Federal Criminal Appeals: Firearm Convictions
Federal firearm convictions carry heavy penalties on the defendant. If you were convicted of a federal crime in Arizona and the possession, brandishing or firing of a gun/firearm/weapon is involved, you are now facing an extensive prison sentence, and you need expert counsel. Every Federal Criminal Appeal, especially appeals of convictions that involve firearms, requires experienced counsel. Our Federal Criminal Appeals lawyers understand the severity of the penalties of a firearm conviction and know how to successfully present the arguments of your Federal Criminal Appeal to the Ninth Circuit Court of Appeals. Our lawyers possess the qualities that are required in winning a Federal Criminal Appeal: knowledge of the complexities of the appellate process and close attention to detail when scrutinizing records for errors and omissions.
The sentence for firearm conviction varies based on whether the defendant simply carried, brandished, or discharged the firearm. The law that applies to federal firearm convictions provides that at least 5 years of prison should be added for carrying a firearm, at least 7 years added if the firearm is brandished, and at least 10 years should be added if the firearm is discharged. Prison times can also increase based on the type of firearm involved. Pursuant to 18 U.S.C. 924, if the firearm possessed by the defendant is:
“(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or (ii) is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to a term of imprisonment of not less than 30 years.” Ultimately, a firearm conviction can easily add several years to an already grave sentence. It is essential that you speak with an experienced Federal Criminal Appeals attorney who can identify the appealable issues in your firearms conviction and present them in an aggressive manner to the Ninth Circuit Court of Appeals.
Federal Criminal Appeals: Drug Trafficking Convictions
Federal drug trafficking convictions within the United States Criminal Justice System are notoriously harsh. If you are facing the serious penalties from a federal drug trafficking conviction in Arizona, you need experienced, hard hitting appellate counsel. Our Federal Criminal Appeals attorneys know how to navigate the often complicated process of appealing a drug trafficking conviction, and we will present essential issues to the Ninth Circuit Court of Appeals in the form of a persuasive and thorough argument.
Every drug trafficking conviction sentence is determined by using the Sentencing Guidelines Manual. The length of prison time increases as the seriousness of the conviction (substance and quantity) and the defendant’s criminal history length increase. For example, regarding substance quantity, pursuant to 21 U.S. Code 841 a person convicted of trafficking 500-4999 grams of cocaine is sentenced to at least 5 years in prison while a person convicted with 5 kilograms or more is sentenced to at least 10 years. Substantial fines can also result from a federal drug trafficking conviction. It is clear that prison time for a drug trafficking conviction can easily add up, which is why you must consult a Federal Criminal Appeals attorney now. Call 1-800-APPEALS now to discuss the possibility of successfully appeal your federal drug trafficking conviction.
Federal Criminal Appeals Success in Arizona
Attention to detail is one of the fundamental building blocks of success when it comes to Federal Criminal Appeals. Our lawyers at The Appellate Law Office of Stephen N. Preziosi know that details make all the difference in brief writing and oral advocacy and because each Federal Circuit Court of Appeals has its own procedural rules and substantive laws, we need to ensure that every requirement is met in order to make sure you are successful on appeal. Your Federal Criminal Appeal requires experienced, dedicated counsel and that’s why choosing The Appellate Law Office of Stephen N. Preziosi is a necessary step for your success.
An Effective Appellate Brief Is Crucial To A Successful Federal Criminal Appeal
Effective Federal Criminal Appeals lawyers know that a well-written brief is one of the most important aspects of Appellate Law. A brief containing a detailed review of the trial court transcripts and any errors or omissions is required for success. Every lawyer with The Appellate Law Office of Stephen N. Preziosi thoroughly examines and scrutinizes every inch of the trial record in order to ensure every client’s best defense.
Winning Federal Criminal Appeals Isn’t Only About The Appellate Brief
Arguing in front of Arizona’s Ninth Circuit Court of Appeals is a task that requires the precise preparation and planning that comes with experience. Our lawyers at The Appellate Law Office of Stephen N. Preziosi have award-winning writing and oral advocacy that enables us to argue in front of the tough judges to ensure the best results for our clients. Success in the courtroom relies on preparation outside of it and our preparation is top-notch.