South Dakota Federal Criminal Appeals Attorneys: Advocates With Impact
We Handle Federal Criminal Appeals From South Dakota And In The Eighth Circuit Court Of Appeals
We are a boutique law firm devoting its entire practice to defending the constitutionally protected rights applicable to individual and corporate clients in complex federal criminal appeals. We are admitted to practice in the Eighth Circuit Court of Appeals and the Supreme Court. Therefore, we can represent your interests from the start of the appeal process to the end. So, whether you were convicted in Aberdeen, Mitchell, Rapid City, Sioux Falls, Watertown or elsewhere in South Dakota, our federal criminal appeals attorneys are ready to put their experience behind you, your case and your future. Our federal criminal appeals attorneys have experience dealing with some of the most common, the most unique and the most difficult federal criminal convictions including the following:
- Violations of the Major Crimes Act and Assimilative Crimes Act;
- Drug trafficking;
- Firearms violations;
- Corporate and financial institution fraud;
- Bankruptcy fraud;
- Mail fraud;
- Healthcare fraud;
- Computer fraud;
- Agricultural program fraud;
- Public corruption;
- Environmental crimes;
- Civil rights violations; and
- Federal wildlife violations.
Contact our South Dakota federal criminal appeals lawyers for a free consultation at 1-800-APPEALS.
South Dakota Federal Criminal Appeals Attorneys Search the Record for Legal Errors And The Best Appealable Issues
Launching an appeal of a federal criminal conviction and sentence is your chance to assure that you were not wrongly convicted, or improperly sentenced, in violation of due process of the law. But, an appeal is not a new trial. It is a review by a higher court to assure that the criminal process and procedure was adhered to as required by the Constitution of the United States of America. It is your chance to raise the human and legal errors that led to your wrongful conviction, unfair sentence or both.
The federal criminal appellate attorneys at our firm take pride in locating the faults that led to your conviction and sentence. Some of the most common violations and issues include the following:
- 4th Amendment evidentiary issues involving large-scale narcotics sweeps, undercover officers, wiretaps, GPS tracking, cooperating witnesses, warrantless searches, illegal dog searches and unconstitutional searches of your home, business or curtilage;
- 5th Amendment issues involving improperly admitted hearsay evidence, insufficient evidence, failure to disclose exculpatory evidence or supported by prosecutorial misconduct;
- 5th Amendment issues involving failure to provide due process of law, a fair trial, equal treatment, convictions based forced confessions or Miranda Rights violations or convictions that violate Double Jeopardy;
- 6th Amendment issues involving 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 competent and effective assistance of counsel; and
- 8th Amendment issues involving 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.
South Dakota Federal Criminal Appeals Lawyers See the Big Picture
It is important to know that your right to appeal a federal criminal conviction is not unlimited. You must preserve this right by filing what is known as a Notice of Appeal within 14-days of the entry of the judgment or order that you are appealing to preserve your right to appeal. Then, you have 14-days to file a statement of the issues presented on appeal. Thereafter, we review the record, craft a strategy and draft, file and submit a written appellate brief. It is in this brief that you must outline the Constitutional issues, violations and other errors that resulted in your improper federal criminal conviction, sentence or both.
The federal criminal appellate attorneys at our firm see the big picture and can assist with some of the following post-conviction relief:
- Appeal to reduce a sentence;
- Appeals for a new trial;
- Appeals seeking a pardon or clemency;
- Appeals seeking to overturn a judgment; or
- Appeals to vacate a conviction.
South Dakota Federal Criminal Appeals Lawyers Stay with You until the End
In most cases, the panel of judges in the Eighth Circuit Court of Appeals will decided a federal criminal appeal on the appellate brief. However, the federal criminal appeals attorneys at our firm prefer to appear in court during oral argument to help clarify your position, answer any questions and polish key points face-to-face with the judges who will decide your appeal. A successful federal criminal appeal could be your passport to an acquittal, a new trial or the State simply dropping the charges.