Options for appealing a federal conviction or sentence

Options for appealing a federal conviction or sentence

On Behalf of | Oct 18, 2022 | Criminal Defense, Federal Crimes |

As a California resident faced with a federal conviction or sentence, you have the right to appeal the federal court’s determination. However, the federal court system is quite different than the state legal system, and the appeals processes associated with each also differ. There are also some notable differences that exist between a federal trial and a federal appeal.

Per the Federal Bureau of Investigation, you have the right to appeal a federal conviction or sentence following sentencing.

Circuit court of appeals proceedings

Typically, the first step in appealing a conviction or sentence involves appealing whichever one you wish to have set aside within a circuit court of appeals. If this does not lead to the outcome you desire, you may decide to then ask the U.S. Supreme Court to take a look at your case, which it may or may not do. Generally, the U.S. Supreme Court agrees to hear only a few such cases in a given year. If the court does decide to hear you out but agrees with the prior ruling, that prior ruling stands. If the court decides not to listen to your case, you may be out of relief options.

Habeas corpus proceedings

You may also have the option of challenging your federal conviction or sentence via a habeas corpus proceeding. This might involve going to court to argue your reasons for the habeas corpus challenge. Conversely, it might involve petitioning the president and asking for clemency, although the chances of this happening are generally low.

The federal criminal appeals process may prove complex. However, if you are successful in appealing your sentence or conviction, it may have a positive impact on many areas of your life.