Long Island Federal Appeals Lawyer

Federal Appeals Attorney in Long Island, NY

Filing for a federal appeal can be difficult, as the laws governing appeals can be complicated and difficult to decipher. You are on a strict deadline for when you can file for an appeal before you lose the opportunity to do so. A Long Island federal appeals lawyer can review your case from arrest to conviction and determine under what grounds you can file an appeal. Having an experienced federal appeals attorney can ensure your rights are upheld.

Hire a Federal Appeals Lawyer

If you believe there are legal grounds to appeal your federal court conviction, you need to hire a federal appeals lawyer with the skills to fight for your rights and represent your interests in court. Since 2010, Jonathan Savella, Attorney at Law, has practiced in both state and federal appellate courts, representing New York clients. Receiving a guilty verdict does not have to be the end of your case. When a legal mistake occurs, you deserve to have your conviction reviewed.

Prevalence of Federal Appeals

Federal appeals are handled by one of the 13 U.S. Courts of Appeals. These appellate courts employ panels of three circuit judges to review cases seeking appeal. Appellate courts do not review new evidence or retry cases. Instead, they review the previous trial to determine if errors were made that would justify the case being dismissed or retried.

Long Island residents seeking a federal appeal would do so in the United States Court of Appeals for the Second Circuit for appeals of district court cases.

At the end of 2024, the U.S. Courts of Appeals consisted of 167 appellate judges. A total of 39,788 new cases were filed for appeal during 2024. A total of 40,086 cases were terminated, and an additional 31,972 cases were pending. Of the new cases filed:

• 10,067 were criminal cases
• 8,388 were prisoner petitions
• 2,365 were U.S. civil cases
• 10,517 were private civil cases
• 457 were bankruptcy cases
• 4,992 were administrative agency cases

Types of Appeals

Not every case can file an appeal in the same manner. A federal appeals attorney can review your specific case and offer guidance on the correct procedure for filing a federal appeal. Different types of cases are handled in different ways, for instance:

• Civil cases can be appealed by either the plaintiff or the defendant.
• Criminal cases can only be appealed by the defendant when a guilty verdict is reached. The prosecution cannot appeal a not guilty verdict. However, either side may appeal the sentencing decision.
• Bankruptcy cases can be appealed to the appellate courts, but they are heard by a panel of three bankruptcy judges unless a petition is submitted to have the case heard by the appellate court panel. The losing party can appeal the decision made by the bankruptcy judge panel to the court of appeals. Each side submits a brief outlining its argument.

The Appeals Process

The appeals process is straightforward and conducted by a panel of judges. Cases are decided solely based on written briefs, but some may be decided after hearing oral arguments. The process for a federal appeal goes as follows:

• The appellate process begins when a notice of appeal is filed.
• The federal appeals court then sets a briefing schedule.
• The brief may be your one chance to convince the appellate judges that an error has been made that requires review. A skilled federal appeals attorney has the necessary research and persuasive writing skills required to write an effective brief.
• If the appeals court requests oral arguments, each side is given a brief time limit to present its side of the case.
• In most cases, the decision made by the court of appeals panel is the final legal decision on the case.

FAQs

What Types of Cases Can a Long Island Federal Appeals Lawyer Handle in the Appellate Courts?

There are several types of cases that a Long Island federal appeals lawyer can handle in the appellate courts. Civil appeals include business disputes, commercial litigation, constitutional issues, federal administrative agency appeals, intellectual property disputes, and real estate matters. Criminal appeals often involve federal crimes and death penalty appeals. Bankruptcy appeals can also be handled.

How Long Do I Have to File a Federal Appeal in New York After a Conviction or Ruling?

How long you have to file a federal appeal in New York differs based on the type of case. For civil cases, you must file the notice of appeal within 30 days of the entry of judgment. For criminal cases, the notice of appeal must be filed within 14 days of the judgment being entered.

What Are the Key Differences Between a Federal Appeal and a State Appeal in Long Island?

Key differences between federal and state appeals include several factors. Federal appeals involve federal law violations and are heard in one of the U.S. Circuit Courts of Appeals. Long Island federal appeals are heard in the Second Circuit. State appeals involve state law violations and are heard by a New York State appellate court.

How Can an Experienced Federal Appeals Lawyer Improve My Chances of Success on Appeal?

An experienced federal appeals lawyer can improve your chances of a successful appeal through their specific knowledge of the process. The federal appeal process requires a strict adherence to guidelines and the preparation of a brief outlining the legal issues that warrant the appellate court’s attention. A federal appeals attorney can prevent technical errors that could have the appeal dismissed.

On What Grounds Can You File a Motion for Appeal?

An appeal can only be filed when there are legal issues that affected the outcome of the case. Common grounds for filing an appeal include:

• Civil rights violations
• An unsettled point of law
• The sentence was disproportionate to the conviction
• An evidentiary ruling unfairly prejudiced the case
• The jury verdict went against the weight of the evidence

Contact Jonathan Savella, Attorney at Law

After a conviction, it can be difficult to gather the necessary documents to establish the basis for your appeal. An experienced federal appeals attorney has the skills to review the timeline of your case and find instances where legal grounds were not appropriately followed. Contact the Law Office of Jonathan Savella today to schedule your initial consultation.