Delaware Federal Criminal Appeals Lawyers
Federal Criminal Appeals Attorney in Delaware And The Third Circuit Court Of Appeals:
Whether by plea or after trial, a guilty verdict in a federal criminal case results in a conviction and a stiff penalty; both of which remain on your record. But, this does not necessarily mean that the case is over because you might have the right to appeal your conviction, your sentence or both. And if successful, the conviction could be reversed, the sentence modified or changed, the case sent back to the trial court for a new trial or a new sentencing hearing and sometimes the State will even dismiss the case based on the appellate decision. Your federal criminal conviction or sentence originating in Delaware should not stand on mistakes, and we can help you evaluate your appellate options and represent you in front of the Third Circuit Court of Appeals.
The Appellate Law Office of Stephen N. Preziosi is a boutique federal criminal appeals law firm admitted to practice in the Third Circuit Court of Appeals and the Supreme Court of the United States. Our federal appeals attorneys fight for individual and corporate clients convicted of federal crimes in Dover, Laurel, Milford, Newark, Wilmington, and everywhere throughout the state of Delaware. Our federal criminal appeals lawyers have helped many people in seeking the following post-conviction relief:
- A new trial or hearing;
- A new or reduced sentenced;
- Leniency, clemency or a pardon;
- Overturning a judgment or conviction;
- Writs of Habeas Corpus;
- Early termination of probation; and
- Expungement and restoration of civil rights.
Contact our Delaware federal appeals lawyers at 1-800-APPPEALS for a free consultation.
Delaware Federal Criminal Appeals Attorneys are your Second Set of Eyes
The federal criminal appeals lawyers at the Appellate Law Office of Stephen N. Preziosi understand federal substantive and procedural law. We have experience representing clients with criminal convictions involving violations of the RICO Act, the Hobbs Act, the Recovery Act, TARP and other related areas including the following:
- Fraud, Public Corruption and Financial crimes including mortgage fraud, bank fraud, securities fraud, health care fraud and civil rights violations;
- Computer Crimes and Child Exploitation such as sexual exploitation of children, Internet pornography, computer intrusions, copyright and trademark violations, theft of trade secrets, identify theft and Internet fraud; and
- Drug and Narcotics crimes including unlawful importation, possession, distribution and manufacture of controlled substances, illegal drug trafficking and gang-related crimes.
We also understand the federal criminal appellate process. We will identify a variety of appealable issues: Constitutional violations, evidentiary issues, procedural issues and sufficiency and weight of the evidence. This is important because the panel of judges in the Third Circuit Court of Appeals is looking for legal errors that affected the verdict, the sentence or both. Some of the most common legal errors we encounter include the following:
- Evidentiary issues involving undercover officers & cooperating witnesses, wiretaps & GPS tracking, warrantless searches, illegal dog searches and unconstitutional searches of your home, business or curtilage (4th Amendment);
- Failure to provide due process of law, a fair trial, equal treatment, convictions based forced confessions or Miranda Rights violations (5th Amendment);
- Deprival of the right to a speedy and public trial, the right to confront adverse witnesses including limited cross-examination testimony and the right to assistance of counsel (6th Amendment);
- Convictions based upon improperly admitted hearsay evidence, insufficient evidence, failure to disclose exculpatory evidence or supported by prosecutorial misconduct; and
- Sentencing errors including misapplication of the United States Sentencing Guidelines, improper Guideline calculation, adjustments resulting in an increased or unreasonable sentence, errors involving restitution or supervised release or sentences amounting to Cruel and Unusual Punishment (8th Amendment).
Delaware Federal Criminal Appeals Lawyers Read, Digest, Analyze and Write Appellate Briefs
The first step in every federal criminal appeal is to preserve your right to appeal by filing a Notice of Appeal within 14-days of the entry of the judgment or sentence. This document puts everyone on notice that you intend to appeal. You must thereafter file what is called an appellate brief with the court and serve it upon the government within 40-days after filing the record on appeal. The purpose of the appellate brief is to highlight the human and legal errors that tainted your case and explant what must be done to right the wrong. The outcome of you appeal rests entirely on the written document. You do not give new testimony. You do not get a second chance to make a new argument. Therefore, it is vital that your appellate brief is well-organized, well-written and based upon strong legal and procedural arguments.
The Appellate Law Office of Stephen N. Preziosi has the experience, the resources and the patience to review, analyze and evaluate the trial court record. In fact, we enjoy doing it even though it is a time-consuming and tedious process. And to help you, we combine both human capital and the latest technology to diligently complete the task. Once we identify the errors, we will work with you to develop a comprehensive appellate strategy. Then, we prepare a persuasive and compelling appellate brief which will highlight how your rights were denied, violated or ignored and explain how the errors can and must be dealt with on appeal – all while adhering to the Third Circuit Court of Appeals’ strict procedural guidelines.
Delaware Federal Criminal Appeals Attorneys Answer the Call to Converse with the Third Circuit Court of Appeals
While many appeals are resolved on the appellate briefs, sometimes the Third Circuit Court of Appeals requests attorneys appear at an oral argument. An oral argument is a formal conversation with the panel of appellate judges and the last opportunity to clarify questions, focus legal issues and add a human touch to your appeal. Our federal criminal appeals lawyers take pride in crafting superior federal criminal appellate briefs and oral arguments. Experience matters in federal criminal appeals, and we have experience.