Nevada Federal Appeals Attorney

Nevada meeting location – by appointment only.
625 S. 6th Street, Suite #301
Las Vegas, NV 89101
702-213-9490

**Attorney Linda Julin McNamara**
Federal Appeals Team Lead
Former Deputy Chief, Appellate Division

Elizabeth Stepp — **Attorney Elizabeth K. Stepp**
Federal Appeals Team Lead
Partner & Yale Graduate

**Attorney Nick Oberheiden**
Federal Appeals Team Lead

Why consider our Nevada federal appeals attorney for your appellate 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 senior attorney from day one — no junior attorneys or assistants.

A federal criminal conviction in Nevada can carry decades in prison, hundreds of thousands of dollars in fines, strict probationary periods, and other collateral consequences of a conviction that will continue to make your life difficult well after your prison sentence has been served.

You can accept the sentence being imposed or you can continue to fight for your future by invoking your right to appeal your conviction, your sentence, or both.

A Nevada federal appeals lawyer at the national law firm Oberheiden P.C. have legally represented numerous criminal defendants in Nevada as they appealed from their conviction in district court. By taking their claims to the federal appellate court system for review, our lawyers have secured numerous favorable outcomes.

Understanding the federal court system is essential, especially for clients involved in federal crimes. Having a Nevada federal appeals attorney is crucial to managing the complexities of federal cases and advocating effectively for clients’ rights within the appellate courts.

Oberheiden P.C. Handles a Variety of Criminal Charges on Appeal

The Nevada federal appeal attorneys at Oberheiden P.C. have helped defendants who have faced a wide assortment of charges in Nevada. Just a few of the most common types of offenses that we have handled on appeal include:

Many of these offenses carry decades in a federal penitentiary and staggering fines, plus victim restitution.

With our help, defendants in Nevada who have been convicted for one of these – or many other – offenses have continued to fight for their rights and future.

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)

The Penalties of Giving Up are Severe

Criminal defendants who have been convicted on their charges in Nevada need to decide whether to continue to fight in court or accept the sentence that the judge has imposed. In making this decision, defendants need to take into account not just their odds of success, but also the costs of failure and of non-action.

The costs of not appealing and simply accepting the judge’s sentence are considerable. If the sentence is harsh, it will be imposed without any further challenges. Depending on the offense, these penalties can be substantial. They will generally include:

Multiple years in federal prison
Thousands of dollars in criminal fines
Paying restitution to victims
Complying with strict terms of probation after the prison sentence has been served

Additionally, people who have a prior federal offense on their criminal history also tend to face collateral consequences. These are the numerous ways that they can be discriminated against for their prior criminal offense by other members of the public. Some common examples of the collateral consequences of a federal conviction include:

Difficulties getting a loan or a mortgage
Trouble finding a new job
Social stigmatization
Financial problems
Loss of professional certifications or losing eligibility to get one

These penalties and consequences will go into effect if you do not appeal your conviction.

The Federal Appeals Process in Nevada

The federal criminal justice system in Nevada follows several basic steps.

First, federal agents will become aware of a potential federal offense. They will investigate and, if they think they have probable cause to believe that you committed the crime, they will present their case to the grand jury. If the grand jury thinks that there is probable cause, as well, they will issue an indictment and you will be arrested.

Because it is a federal offense, you will be brought before the U.S. District Court for the District of Nevada. This court has two offices:

In Las Vegas’ Lloyd D. George Courthouse at 333 Las Vegas Boulevard South
In Reno’s Bruce R. Thompson Courthouse and Federal Building at 400 South Virginia Street

There, you will be arraigned, or formally told of the charges against you. A date will be set for your trial.

Before the trial happens, many criminal defendants agree to a plea bargain. Doing so, however, generally requires them to waive their right to appeal.

If you take your case to trial and the jury finds you guilty, a sentencing hearing will be scheduled. There, the district court judge hearing the case will impose a sentence.

At this point, you have 14 days to file a Notice of Appeal with the district court. This tells the district court of your intention to get your sentence or conviction reviewed by a higher court. The district court will preserve the record of your trial and forward it to the appellate court that has jurisdiction to hear your case. In Nevada, that is the Ninth Circuit Court of Appeals.

The Ninth Circuit has four courthouse locations:

While none of these courthouses are located in Nevada, your physical presence is generally not required during the appeals process because there will not be another trial.

Instead, your appellate attorney will review the trial record to find grounds for your appeal. This is a mistake or an abuse of discretion by the district court that affected the outcome of your trial. Your lawyer will then research and write a legal brief, often dozens of pages long, that explains to the Ninth Circuit judges what went wrong in the district court and why your conviction or sentence needs to be overturned. The prosecution team will also be submitting their own brief to the Ninth Circuit, urging the judges there to affirm the district court’s ruling. These briefs do not argue over the facts of the case – only the narrow issue that you have raised on appeal.

While many appeals cases are decided based on the briefs, alone, some require an oral argument for the judges to better understand the arguments being made by both sides.

If the Ninth Circuit agrees with you, the judges will overrule the district court’s decision. Your case will typically be remanded, or sent back, to the District Court of Nevada with instructions on how to fix it. You may even receive a completely new trial.

If the Ninth Circuit agrees with the prosecutors, it will affirm your conviction and sentence. You can ask the Ninth Circuit to rehear your case with a larger panel of judges, or you can petition for the U.S. Supreme Court to hear your case.

Navigating the complexities of criminal appeals in federal court can be challenging. It is essential to have an experienced Nevada federal appeals attorney effectively advocating for your rights throughout the federal appellate process.

4 Frequently Asked Questions About Oberheiden, P.C. and the Appeals Process in Nevada

Do I Need a Different Lawyer for My Appeal?

While you can use the same lawyer who handled your trial for your appeal, it may not be wise. Appeals and trials require very different skill sets. Your trial lawyer has to convince non-lawyers about the factual circumstances in your case. An appeals lawyer has to explain a very technical issue to legal experts – several very experienced judges – and convince them that another legal expert – the district court judge – made a mistake.

Even the setting is different. At trial, your lawyer will pull out facts from witness testimony by asking them questions about what happened in a live setting. On appeal, though, the case is largely confined to written briefs. Even if an oral argument is scheduled, the experience is completely different from trial. Rather than asking a witness questions in order to learn what happened, your attorney will be the one answering very pointed questions from the Ninth Circuit judges hearing the case.

Will I Get a New Trial on Appeal?

No, if you appeal your case you will not get a new trial at the Ninth Circuit Court of Appeals. If the appellate court were to retry every case that gets appealed, then every person who gets convicted in the district court would just appeal their case and there would be no point to the district court’s proceedings.

Instead, the Ninth Circuit will limit its review to the very specific grounds for appeal that you raise. This can be that:

There was juror misconduct
The judge misapplied or misinterpreted the law
The law is unsettled
The judge abused his or her discretion
Your sentence is excessive

However, if the Ninth Circuit agrees with your arguments on appeal, it may send your case back to the Nevada District Court to be retried. If that happens, then you will get another trial.

What Sets Oberheiden, P.C. Apart from Other Appellate Law Firms?

All of our Nevada federal appeal lawyers have extensive experience handling federal appeals cases, so you can trust that your case is not being handled by a junior associate who has never been to a Ninth Circuit courtroom before.

Additionally, many of our attorneys only came to Oberheiden, P.C. after long and successful careers as prosecutors within the same federal law enforcement agencies that are pursuing your case. This gives them insight into how prosecutors are likely to argue during your appeal, giving you a leg up during the process.

Why Don’t You Call Your Firm the Best Appeals Law Firm in Nevada?

Because we prefer to let our prior clients say those sorts of things about our firm, instead. It means more when it comes from them, anyway. Many of them have left testimonials about the high quality legal services and representation that we have provided.

Contact Oberheiden, P.C. for Effective Appellate Representation by A Nevada Federal Appeals Lawyer

If you have been convicted for a federal offense in Nevada, you need a skilled appeals lawyer to convince the Ninth Circuit to overturn the results of your case. The attorneys on our team at Oberheiden, P.C. can help. They are also experienced in handling cases that reach the United States Supreme Court, ensuring that you have the best representation even at the highest level.

Call them at 702-213-9490 or contact them online to get started on your case. Remember: Paperwork needs to be filed right away to invoke your right to appeal your conviction, so delaying is not an option if you want to continue to challenge the charges against you.