New York Federal Appeals Attorney

Why consider Oberheiden, P.C. for your New York Federal Appeals Attorney?

• Our team has been involved in over 500 federal appeals cases.
• Over 50 years of combined frontline experience.
• You will work directly with a senior attorney from day one — no junior attorneys or assistants.

A criminal conviction for a federal offense in New York is a big deal. Once convicted, you will be sentenced by the judge and the potential penalties turn into very real ones that you will have to face.

You do, however, have the right to appeal your federal criminal conviction or your sentence in New York. By doing so, you can continue to fight for your rights, your future, and your freedom. However, you have to invoke this right quickly. Failing to invoke it means that you waive your right to have a federal appellate court review the outcome of your case. Even once you have invoked your right to an appeal, though, winning it is a completely different matter.

The federal appeals attorneys at the national law firm Oberheiden P.C. have helped numerous clients throughout the state of New York appeal their federal criminal conviction and persuade the appellate judges to overturn their case.

The Federal Criminal Justice System in New York

The appeals process comes after a long series of increasingly precarious steps.

The federal criminal justice system begins when federal agents learn that you may have broken federal law. This often happens when a tipster informs them of a potential legal violation or federal agents learn of something suspicious on their own. If their subsequent investigation uncovers evidence of a crime, it will escalate. If they reach the point where they think that there is probable cause to believe that you committed a crime, prosecutors will present their case to a grand jury in New York. If the grand jury agrees that there is probable cause, it will issue an indictment and you will be arrested, booked, and brought to an arraignment hearing to learn of the charges being filed against you.

A date will be set for your trial.

The period of time between your arraignment and your trial is known as the pre-trial process. This is when evidence – both incriminating and exculpatory – is gathered. It is also when plea negotiations take place. Most federal criminal charges are resolved through a plea deal. Importantly, though, if you plead guilty to the offense, you will also generally have to waive your right to appeal your case.

If you do not plead guilty, your case will go to trial. The federal prosecutor will present evidence that you committed the crime. Your New York federal appeals attorney will try to rebut the evidence against you and raise any affirmative legal defenses that are relevant to your case.

If the jury decides that there is no reasonable doubt that you committed the charged offense, it will find you guilty and the case will move to the sentencing hearing. There, the judge will impose the sentence that you will face.

All of this happens at the federal district court. In New York, there are four of them. They are the U.S. District Court for the:

1. Eastern District of New York
2. Western District of New York
3. Southern District of New York
4. Northern District of New York

The Eastern District has jurisdiction over all of Long Island, including Queens and Brooklyn, as well as Staten Island. It has two courthouses:

1. In Brooklyn, at 225 Cadman Plaza East
2. In Central Islip, at 100 Federal Plaza

The Southern District has jurisdiction over Manhattan and the Bronx, as well as six of the southern-most counties in the Hudson Valley. It has four courthouse locations:

1. The Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York City
2. The Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York City
3. The Charles L. Brieant Jr. Federal Building and Courthouse at 300 Quarropas Street, White Plains
4. The U.S. Courthouse at 355 Main Street, Poughkeepsie

The Western District has jurisdiction over cases that originate in the western third of the state, from Buffalo to the Finger Lakes region. It has two courthouses:

1. In Buffalo, at 2 Niagara Square
2. In Rochester, at 100 State Street

The Northern District has jurisdiction over most of the state of New York by land area. It stretches from Albany to Syracuse, and from Binghamton to Plattsburgh. It has five court locations:

1. Albany, in the James T. Foley U.S. Courthouse at 445 Broadway
2. Binghamton, in the Binghamton U.S. Courthouse at 15 Henry Street
3. Plattsburgh, in The Gateway Building at 14 Durkee Street
4. Syracuse, in the James M. Hanley Federal Building and U.S. Courthouse at 100 South Clinton Street
5. Utica, in the Alexander Pirnie Federal Building and U.S. Courthouse at 10 Broad Street

If you are convicted in one of these district courts, you have 14 days to file a Notice of Appeal. Your appeal will be heard by the Second Circuit Court of Appeals. This Circuit Court has jurisdiction over all of New York, as well as Vermont and Connecticut. It is also located at 40 Foley Street in Manhattan, along with one of the courthouses for the Southern District Court of New York.

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)

Oberheiden, P.C. Handles All Kinds of Federal Appeals

Regardless of the criminal offense that you have been convicted of, the appeals attorneys at Oberheiden, P.C. can ensure that you invoke your rights and present your best case for the appellate judges at the Second Circuit. In New York, we have provided effective legal representation in appealing a wide variety of federal convictions, including:

• White collar crimes
• Drug crimes
• Criminal conspiracy
• Medicare fraud
• Mail and wire fraud
• Securities fraud
• PPP loan fraud

Some Frequently Asked Questions About Oberheiden, P.C. and the Appeals Process in New York

Reach Out to Oberheiden, P.C. for a New York Federal Appeals Lawyer

If you have been convicted for a federal offense in the state of New York, you have a right to appeal. Exercising that right can be the best way to continue to fight for your future.

Getting a criminal appeals lawyer who understands the process and has extensive experience representing clients in the Second Circuit Court of Appeals is essential. With their help, you can isolate the legal issue that is the most likely to lead to your case being overturned.

Call a New York federal appeals lawyer at Oberheiden, P.C. at (888) 680-1745 or contact them online as soon as possible so they can get started on your case.