Illinois Federal Appeals Attorney

Why consider our team for your federal appeals case?

• Our team has been involved in over 500 federal appeals cases.
• Over 50 years of combined frontline experience.
• You will work directly with your Sr. attorney from day one — no Jr. Attorneys or Assistants.

In Illinois, you have the legal right to appeal a conviction for a federal offense. And, it’s essential to have an experienced Illinois federal appeals attorney on your side. While you will not immediately receive another trial, you can at least get a higher federal court to review alleged defects or mistakes made during your trial. However, you need to act quickly to invoke your right to appeal.

The federal criminal appeals attorneys at Oberheiden P.C. have helped numerous criminal defendants in Illinois appeal their conviction and get it overturned by a court of appeals.

Understanding the Federal Appeals Process

What is a Federal Appeal?

A federal appeal is a formal request for a higher court to review the decision made by a lower federal court. This process allows parties to challenge the rulings of federal trial courts, known as district courts, in both civil and criminal cases. The primary goal of a federal appeal is to have the appellate court, also known as the court of appeals, examine the lower court’s decision to determine if any legal errors were made that could have affected the outcome of the case. This review process is crucial in ensuring that justice is served and that the legal proceedings were conducted fairly and in accordance with the law.

How Does the Federal Appeals Process Work?

The federal appeal process begins with the filing of a notice of appeal with the district court that issued the original decision. This notice must be filed within a specific timeframe, typically 14 days, to inform the court and the opposing party of the intent to appeal. The party initiating the appeal, known as the appellant, must then prepare and submit an appellate brief. This written document outlines the arguments and legal reasons why the lower court’s decision should be overturned. The opposing party, known as the appellee, will also file a brief in response, defending the lower court’s decision.

The court of appeals will review these briefs and may schedule oral arguments where attorneys for both parties present their cases in person. After considering the written briefs and oral arguments, the federal appellate court will issue a decision. This decision can affirm the ruling of the lower court, reverse it, or modify it. In some cases, the appellate court may remand the case back to the district court for further proceedings, such as a new trial. Understanding the federal appeal process is crucial for navigating the complexities of civil and criminal appeals and improving the chances of securing favorable outcomes.

The Importance of Hiring an Illionois Federal Appeals Attorney

Navigating the federal appeals process can be a daunting task, filled with intricate legal procedures and stringent deadlines. This is where the expertise of a federal appeals lawyer becomes invaluable. A skilled Illinois federal appeal attorney can provide the guidance and representation necessary to significantly increase the chances of a successful outcome in your case.

Federal appeals attorneys specialize in the nuances of appellate law, which is markedly different from trial law. They possess a deep understanding of the federal court system and the specific rules and procedures that govern appellate courts. This specialized knowledge allows them to identify and articulate errors made during the trial, craft compelling appellate briefs, and present persuasive oral arguments to the appellate court. By hiring an Illinois federal appeals lawyer, you ensure that your appeal is handled with the highest level of expertise and strategic insight.

Why Do I Need an Illinois Federal Appeals Lawyer?

The federal appeals process is complex and requires a thorough understanding of appellate law. A federal appeals attorney brings extensive knowledge of the federal appeals process, including the specific rules and procedures of the appellate courts. They are adept at identifying errors made by the trial court, whether they involve misapplication of the law, procedural mistakes, or issues with the evidence presented.

One of the critical tasks of a federal appeals lawyer is to prepare an appellate brief. This document is a detailed written argument that outlines the legal reasons why the trial court’s decision should be overturned. Crafting an effective appellate brief requires meticulous legal research and a deep understanding of the law. Additionally, a federal appeals attorney can provide strategic advice on whether to appeal, which issues to raise on appeal, and how to navigate the appeals process effectively.

In the appellate court, the focus shifts from the facts of the case to the application of the law. This requires a different set of skills than those used in trial courts. Appellate attorneys are trained to analyze legal issues, write persuasive briefs, and present oral arguments that can sway the appellate judges. By hiring an Illinois federal appeal lawyer, you leverage their expertise to maximize your chances of a favorable outcome.

The Federal Criminal Justice System: Investigation to Trial

By the time you are charged with a federal crime in Illinois, law enforcement has likely already put a lot of work into your case.

When they become aware of signs of a potential criminal offense, law enforcement agents will investigate. As they gather more incriminating evidence, they will present their case to an Illinois grand jury. If the grand jury agrees that there is probable cause to believe you committed a federal crime, it will issue an indictment.

An arrest warrant will be issued, you will be brought into custody, booked, and brought to your arraignment where you will be formally presented with the charges against you and a trial date will be set.

Between your arraignment and trial, prosecutors and your defense attorneys will gather evidence and start plea negotiations. Most federal criminal defendants end up taking a plea deal that requires them to waive their right to appeal.

If you take your case to trial you will either be acquitted or convicted. If you are acquitted, your case ends and you are free to go. If you are convicted, a sentencing hearing will be scheduled. There, the federal judge will impose a sentence. Our appellate law firm also specializes in post conviction relief, providing expert legal services for criminal appeals and state-level post-conviction relief.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

All of This Happens in an Illinois District Court

From arraignment through your sentencing hearing, you will be in an Illinois district court. There are three districts in Illinois:

1. Northern
2. Central
3. Southern

Northern District Court

The U.S. District Court for the Northern District of Illinois is itself split into two divisions:

1. The Eastern Division
2. The Western Division

The Eastern Division is located in the Everett McKinley Dirksen United States Courthouse at 219 South Dearborn Street, Chicago. It covers the following counties in the state:

• Cook
• DuPage
• McHenry
• Grundy
• Kane
• Kendall
• La Salle
• Lake
• Will

The Western Division is located in the Stanley J. Roszkowski United States Courthouse, at 327 South Church Street, Rockford. It has jurisdiction over federal cases that originate in the following Illinois counties:

• Boone
• Carroll
• De Kalb
• Jo Daviess
• Lee
• Ogle
• Stephenson
• Whiteside
• Winnebago

Central District Court

The U.S. District Court for the Central District of Illinois has four divisions, named after the city in which the courthouse is located:

1. Peoria (100 N.E. Monroe Street)
2. Urbana (201 S. Vine Street)
3. Springfield (600 E. Monroe Street)
4. Rock Island (211 19th Street)

The Peoria division has jurisdiction over cases from the following counties:

• Fulton
• Livingston
• Marshall
• McLean
• Peoria
• Putnam
• Stark
• Tazewell
• Woodford

The Urbana division covers:

• Champaign
• Coles
• Douglas
• Edgar
• Ford
• Iroquois
• Kankakee
• Macon
• Moultrie
• Piatt
• Vermilion

Springfield covers the following counties:

• Adams
• Brown
• Cass
• Christian
• De Witt
• Greene
• Logan
• Macoupin
• Mason
• Menard
• Montgomery
• Morgan
• Pike
• Sangamon
• Scott
• Shelby

Finally, the Rock Island division has jurisdiction over:

• Bureau
• Hancock
• Henderson
• Henry
• Knox
• McDonough
• Mercer
• Rock Island
• Schuyler
• Warren

Southern District Court

The U.S. District Court for the Southern District of Illinois has two divisions:

1. Benton
2. East St. Louis

The Benton division is located at 301 West Main Street, Benton, and covers:

• Alexander
• Clark
• Clay
• Crawford
• Cumberland
• Edwards
• Effingham
• Franklin
• Gallatin
• Hamilton
• Hardin
• Jackson
• Jasper
• Jefferson
• Johnson
• Lawrence
• Massac
• Perry
• Pope
• Pulaski
• Richland
• Saline
• Union
• Wabash
• Wayne
• White
• Williamson

The East St. Louis division is located at 750 Missouri Avenue, East St. Louis, Illinois, and covers the following counties:

• Bond
• Calhoun
• Clinton
• Fayette
• Jersey
• Madison
• Marion
• Monroe
• Randolph
• St. Clair
• Washington

Appeals in Illinois are Heard by the Seventh Circuit

Convictions from any of these three district courts can be appealed to the U.S. Court of Appeals for the Seventh Circuit. This is the federal intermediate appellate court that has jurisdiction over all of Illinois, as well as Indiana and Wisconsin. It is located in Chicago, Illinois, at the Everett McKinley Dirksen United States Courthouse at 219 S. Dearborn Street. The court handles both federal criminal and civil appeals, making it essential to seek knowledgeable attorneys to navigate these complex cases.

Types of Appeals

Criminal Appeals

A criminal appeal is a specific type of federal appeal that involves challenging the decision of a federal trial court in a criminal case. In a criminal appeal, the defendant, who is the appellant, argues that the trial court made significant errors during the trial that affected the verdict or the sentence. Common grounds for criminal appeals include the admission of improper evidence, incorrect jury instructions, prosecutorial misconduct, or an excessive or unfair sentence.

The goal of a criminal appeal is to have the appellate court review the trial court’s decision to identify any legal mistakes that could have influenced the outcome of the case. If the appellate court finds that errors were made, it may reverse the conviction, reduce the sentence, or remand the case back to the trial court for further proceedings. Criminal appeals are a vital part of the justice system, providing defendants with an opportunity to seek redress for potential injustices and ensuring that the legal process is conducted fairly and accurately.

The Appellate Court Process

The appellate court process is a critical component of the judicial system, providing a mechanism for reviewing decisions made by lower courts, such as trial courts or administrative agencies. In the federal system, appellate courts are organized into 13 circuits, each covering a specific geographic area. These courts play a vital role in ensuring that the law is applied consistently and fairly across different cases.

The Role of the Appellate Court

The primary role of the appellate court is to review the decisions of lower courts for errors of law or fact. Unlike trial courts, which focus on determining the facts of a case, appellate courts concentrate on whether the law was correctly applied and whether the legal procedures were properly followed. The appellate court’s decision is typically based on the written briefs and oral arguments presented by the parties, rather than on new evidence or testimony.

In the context of federal appeals, the appellate court reviews decisions made by the district courts, which serve as the trial courts of the federal system. The appellate court may also review decisions made by administrative agencies, such as the Federal Trade Commission or the Securities and Exchange Commission. The appellate court has the authority to affirm, reverse, or modify the lower court’s decision, or to remand the case back to the trial court for further proceedings.

The appellate court process is distinct from the trial court process. While trial courts focus on fact-finding and applying the law to those facts, appellate courts review the legal decisions made by the trial court to ensure they are consistent with the law. This review process is essential for maintaining the integrity of the judicial system and ensuring that justice is served.

In summary, hiring a federal appeals lawyer is crucial for navigating the complex appellate court process. A skilled Illinois federal appeals attorney can provide expert guidance and representation, significantly increasing the chances of a successful outcome. The appellate court process involves reviewing decisions made by lower courts, and the appellate court’s primary role is to review those decisions for errors of law or fact.

What to Expect During Your Appeal

After you have been convicted and sentenced, you need to move fast if you want to appeal. Understanding the federal appeal process is crucial in navigating the complexities of civil and criminal appeals. You have to file a Notice of Appeal with the district court that convicted you within 14 days. This informs law enforcement that the case is not over and makes the district court forward the record of your trial to the Seventh Circuit.

Your federal appeals lawyers will then closely examine your case and determine whether you have a strong ground for an appeal. This is a mistake or abuse of discretion that was made during your trial. It can be:

• The judge kept you from fully defending yourself
• The judge misapplied the law
• The law is ambiguous or unsettled
• There was jury misconduct
• No jury could have convicted you based on the evidence that was presented

Your appeals lawyer will then research and write an appellate brief – often dozens of pages long – that explains why this was a mistake, how it affected your trial, and urges the Seventh Circuit appellate court to overturn your conviction or at least give you a new trial.

The prosecutor will also be submitting their own legal brief, urging the Seventh Circuit to affirm your case.

In some cases, the Seventh Circuit judges will schedule an oral argument to press the attorneys on the finer details of their arguments.

Typically, though, an appeal is decided based on the briefs and the trial record, alone.

If the Seventh Circuit agrees with your arguments, it will likely remand the case back to the district court with instructions on how to proceed. This often involves holding a new trial.

If the Seventh Circuit agrees with the prosecutor, your conviction and sentence will be affirmed. You can request a rehearing with a larger panel of Seventh Circuit judges, or can petition for a review by the Supreme Court of the United States.

Some FAQs About Oberheiden P.C. and Appealing Criminal Convictions in Illinois

The Federal Appeals Lawyers at Oberheiden, P.C. Represents Defendants in Illinois

If you have been convicted for a federal offense in Illinois, you have the option to continue to fight for your rights and your freedom. The appeals lawyers at Oberheiden P.C. have helped defendants who have been convicted and sentenced for:

• Securities fraud
• Medicare fraud
• Mail and wire fraud
• Drug crimes
• White collar offenses

As well as many other federal offenses.

Contact our law firm online or call our law offices at (888) 680-1745 right away so we can file your Notice of Appeal and determine the best way to move forward.