Ohio Federal Appeals Attorney

Why consider our Ohio federal appeals attorney for your federal 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.

Criminal convictions are extremely costly in Ohio, particularly when the criminal offense was a federal one. They can carry numerous years in federal prison, thousands of dollars in fines, extensive time on probation, and lots of other collateral consequences that can hamper your life for decades to come.

Appealing your criminal conviction can be an essential component of a successful criminal defense strategy. At Oberheiden, P.C., our Ohio federal appeal lawyers have provided legal representation to numerous clients through the federal criminal justice system, including for their appeals to the Sixth Circuit Court of Appeals, which has jurisdiction throughout the state of Ohio.

The Federal Criminal Justice System in Ohio

While the precise details will depend on the underlying federal offense, the federal criminal justice system follows the same basic steps for all criminal cases:

1. Investigation
2. Arrest
3. Arraignment
4. Pre-trial
5. Trial
6. Appeals

While we are most concerned with the final stage in this process, the earlier stages provide important context to understand.

Investigation

Federal criminal cases begin with an investigation. Law enforcement agents uncover signs of criminal conduct or receive a tip and look into it. These investigations can last for as long as multiple years or as little as a few hours.

Generally, once law enforcement thinks that it has probable cause to believe that a federal crime was committed, prosecutors will present their case to a federal grand jury. If the grand jury agrees that there is probable cause, they will issue an indictment for your arrest.

Arrest

Armed with an arrest warrant, law enforcement agents will seek you out and put you under arrest. You will be booked, fingerprinted, and held for arraignment.

Arraignment

The arraignment is your first court appearance. It has to happen soon after your arrest. There, you will be formally told of the charges against you. You will make your initial plea of guilty or not-guilty. At the arraignment or soon thereafter, a trial date will be set.

Pre-trial

In the months between the arraignment and trial, evidence will be gathered and motions will be filed. Most criminal cases are resolved during this time through a plea bargain.

Trial

If the case goes to trial, the prosecutor will present its case to the jury and your defense attorney will try to rebut it. If the jury believes that you committed the crime beyond a reasonable doubt, it will issue a guilty verdict. A sentencing hearing will be scheduled and the judge will impose the sentence.

Appeal

If you get convicted and sentenced, you have a legal right to appeal. In federal court, you have to invoke this right by filing a Notice of Appeal within 14 days in the court where the trial was held. After receiving the Notice of Appeal, the court will preserve the record of the trial and send it to the appellate court that has jurisdiction to hear the case.

At this point, your Ohio federal appeals attorney, will determine what will be the best issues to raise on the appeal. Rather than retrying your case, the appellate court will only review alleged mistakes that happened in the trial. Your appeals team will draft a written argument, called a legal brief, that explains what went wrong during the trial, how it affected the trial’s outcome, and why the appellate court should overrule your federal conviction, your sentence, or both, showcasing their proficiency in appellate procedure. The prosecution team will also be preparing their own legal brief, which will argue that no mistakes were made or that, if they were made, they did not affect the outcome of the trial. The prosecution team will also be preparing their own legal brief, which will argue that no mistakes were made or that, if they were made, they did not affect the outcome of the trial.

Occasionally, the appeals court will schedule an oral argument to ask the attorneys pointed questions about the merits of each side’s arguments.

After considering the legal briefs, the oral arguments, and the record of the trial, the appellate court will issue an opinion. They can either affirm your sentence or conviction, overturn it, or remand it back to the trial court with instructions on how to proceed, such as by retrying the case.

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)

Federal Courts in Ohio

All of this goes on within the federal court system in Ohio.

The federal court system has three tiers:

1. District Courts
2. Circuit Courts
3. The Supreme Court of the United States

District courts are where the trials are held. In the criminal justice system, they handle the process all the way through the sentencing hearing. In Ohio, there are two district courts:

1. The U.S. District Court for the Southern District of Ohio
2. The U.S. District Court for the Northern District of Ohio

The Southern District has jurisdiction over the southern two-thirds of the state, comprising 48 of Ohio’s 88 counties. There are three courthouse locations within the Southern District:

1. In Columbus at the Joseph P. Kinneary U.S. Courthouse at 85 Marconi Boulevard in Columbus
2. In Cincinnati at the Potter Stewart U.S. Courthouse at 100 East Fifth Street in Cincinnati
3. In Dayton at the Walter H. Rice Federal Building and U.S. Courthouse at 200 West Second Street in Dayton

The Northern District has jurisdiction over the northern third of Ohio. There are four courthouse locations in the Northern District, in:

1. Akron, at the John F. Seiberling Federal Building and U.S. Courthouse at 2 South Main Street in Akron
2. Cleveland, at the Carl B. Stokes U.S. Courthouse at 801 West Superior Avenue in Cleveland
3. Toledo, at the James M. Ashley and Thomas W. L. Ashley U.S. Courthouse at 1716 Spielbusch Avenue in Toledo
4. Youngstown, at the Thomas D. Lambros Federal Building and U.S. Courthouse at 125 Market Street in Youngstown

Where your trial will be held will depend on where the charges were filed.

Appeals from any of these district courts in Ohio go to the Sixth Circuit Court of Appeals. This appellate court is also located in the Potter Stewart Courthouse in Cincinnati. If you appeal your criminal conviction or sentence, this is the courthouse that will hear your appeal.

If the Sixth Circuit affirms your sentence or conviction, you can request a rehearing. If this request is accepted, a larger panel of the judges on the Sixth Circuit would review their own ruling.

Another option is to petition for the Supreme Court of the United States to review your case. While the Supreme Court only reviews a very small percentage of the cases that it receives, it can still be worthwhile to pursue this avenue of appeal, particularly if your case involves a novel or disputable point of law.

4 FAQs About Oberheiden, P.C. and Federal Appeals in Ohio

Ohio Federal Appeal Lawyers at Oberheiden, P.C. Handle Numerous Types of Criminal Cases

The federal criminal appeals lawyers at the law firm of Oberheiden, P.C. handle numerous criminal convictions on appeal in Ohio and in the Sixth Circuit, including:

• Assault
• Bankruptcy fraud
• Criminal conspiracy
• Drug crimes
• Import and export violations
• Insurance fraud
• Mail and wire fraud
• Medicare fraud
• Public corruption and bribery
• PPP loan fraud
• Securities fraud
• Theft
• White collar crimes

With our help and legal guidance, defendants across Ohio have successfully appealed their criminal conviction and sentence to secure a more favorable outcome. Contact us online or call our law firm at (888) 680-1745.