Mesa Federal Appeals Attorney
4435 E. Chandler Blvd. Suite 200
Phoenix, AZ 85048
888-680-1745
Federal Appeals Team Lead
Former Deputy Chief, Appellate Division
Federal Appeals Team Lead
Partner & Yale Graduate
Federal Appeals Team Lead
Contact NickWhy consider our Mesa federal appeals attorney and our team 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.
Challenging a criminal conviction, sentence, or adverse outcome can be the most important decision you make. If you have been charged with a federal offense in Mesa, Arizona, appealing a court ruling against you can be a part of a planned defense strategy or an emphatic demand that a higher court rectify serious, outcome-determinative errors made during the trial. Hiring an experienced Mesa federal appeals lawyer can significantly influence the outcome of a case.
The federal appellate lawyers at Oberheiden, P.C. legally represent criminal defendants in federal court, both during the trial and for any appeals process that is necessary. They are available to help throughout the country, including in Mesa.
Federal Defense Cases We Handle
Our federal criminal defense attorneys handle a wide variety of charges on behalf of our clients. Many of these are serious and complicated criminal offenses, including:
- Securities fraud
- Conspiracy
- Mail and wire fraud
- White collar crime
- Public corruption
- Tax evasion
- Healthcare fraud
- Drug crimes
- Embezzlement
In many cases, our skilled Mesa federal appeal attorneys have been able to achieve a successful outcome at, or even before, trial. For example, in the past we have been able to:
- Persuade prosecutors not to file charges during the grand jury stage of the proceedings
- Drop the charges soon after they were filed by drawing out key holes in the evidence against the defendant
- Get incriminating evidence excluded from trial due to civil rights violations committed by law enforcement officers
- Take the case to trial and secure a not-guilty verdict
However, there are times when things do not go as planned. The trial court judge may make case-altering errors that imperil your future, sentence you to an inappropriately long prison term, or rule against you on a point of law that is either unsettled or incorrect. When this happens, the result should be challenged in order to protect your rights, your interests, and your future. Criminal appeals are complex and require experienced legal counsel to navigate federal rules and the appellate process effectively. Our law firm has the Mesa federal appeals attorney you need.
The Federal Court System in Mesa, Arizona
Federal criminal charges in Mesa, Arizona, or its surrounding environs first go through the United States District Court: District of Arizona. This District Court has locations in:
However, not all of these venues provide the same services. For example, cases are only heard in Phoenix, Tucson, Yuma, and Flagstaff, while the courts in Grand Canyon, Kingman, and Page only handle federal Violation Notices issued by the Central Violations Bureau.
Criminal offenses charged in Mesa generally proceed through the Sandra Day O’Connor U.S. Courthouse in Phoenix. This is located at 401 West Washington Street, Phoenix, AZ 85003, in the heart of downtown and among many of the other state and federal government buildings in the city.
The District of Arizona, however, is just the first level of the federal judiciary in Arizona. The District Court is where the trial would be held and, if the charges lead to a conviction, it’s where defendants receive their sentence.
If the results of the case need to be challenged, the appeal would be filed with the United States Court of Appeals for the Ninth Circuit, commonly referred to as just the Ninth Circuit. The Ninth Circuit is the appellate court that covers the following states in the western U.S.:
- Arizona
- California
- Nevada
- Oregon
- Idaho
- Montana
- Washington
- Hawaii
- Alaska
There are four courthouses in the Ninth Circuit. They are the:
- Richard H. Chambers Courthouse, at 125 South Grand Ave., Pasadena, CA 91105
- James R. Browning Courthouse, at 95 7th Street, San Francisco, CA 94103
- Pioneer Courthouse, at 700 SW 6th Ave., Suite 110, Portland, OR 97204
- William K. Nakamura Courthouse, at 1051 6th Ave., Seattle, WA 98104
Generally, appeals to the Ninth Circuit that originate in Mesa, Arizona, will be heard in the courthouse in Pasadena. However, the main building for the Ninth Circuit is the one in San Francisco, so cases may be heard there, instead. Occasionally, appeals from Arizona go before one of the other courthouses.
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)
When Appeals Can Happen
You can appeal a federal criminal case to the Ninth Circuit at three different junctures:
- Upon conviction
- After sentencing
- After a court order
The vast majority of federal criminal appeals can only be filed after you have been convicted for the offense or after you have been sentenced for it. Only rarely can interim court orders or rulings be appealed. Those that are appealed generally involve complex issues of the law that are unsettled or present novel problems – rare circumstances in federal criminal cases.
What to Expect During Your Appeal
The appellate process is not one that is familiar to most of the American public. TV shows and movies tend to focus on the trial because it has the most potential for drama. This has left very few people with an understanding of how different an appeal will look, especially considering the distinct skills required for advocacy in appellate law.
The most important thing to remember is that appealing your case does not mean that it will get retried – at least not initially. Instead, your appellate attorney will isolate a point of error that happened during the trial or the pretrial process or a disputable legal issue and then demand that a higher court review it. The appeal will then focus intensely on this issue. While the trial had a broad scope and aimed to determine what happened, the appeal will have an extremely narrow scope and will go very in-depth on it.
Most of the work that happens in an appeal goes on behind the scenes. There is no new evidence to gather, so the only action is researching and writing legal briefs and potentially giving oral arguments before the judges of the Ninth Circuit.
If you win your appeal, one of three things can happen:
- The judges of the Ninth Circuit can remand your case back to the District Court with instructions for the judge on how to adjust the outcome of your case,
- They can throw out your conviction and order a new trial, or
- They can overturn your conviction.
If your appeal loses at the Ninth Circuit, you may be able to appeal that loss to the Supreme Court of the United States. While the Supreme Court is unlikely to accept your appeal, it is often worth trying, particularly if there is an issue of federal criminal law that is unsettled or that needs to be resolved.
Frequently Asked Questions About the Appeals Process in Mesa, Arizona and Oberheiden P.C.
How Soon Does the Notice of Appeal Need to be Filed?
Under Rule 4(b)(1)(A) of the Federal Rules of Appellate Procedure, the Notice of Appeal generally has to be filed within 14 days of the verdict, sentence, or adverse ruling. While this Notice of Appeal is a short document, it triggers the appellate procedure by putting the district court and law enforcement on notice that you intend to seek the Ninth Circuit’s review of your case.
Will My Case Go to the Supreme Court?
It is possible to appeal your criminal case all the way to the United States Supreme Court. If your appeal to the Ninth Circuit does not get the outcome that you want, you can request the Supreme Court to review your case by filing a petition for writ of certiorari. This is an extremely complicated filing that asks the Supreme Court to hear your appeal and explains to the Justices on the Court why your case is important. However, the Supreme Court only accepts around 2 percent of these requests.
Why Should I Hire Oberheiden, P.C. to Conduct My Appeal?
Because we have the extensive experience, talent, and the legal understanding necessary to win.
Each Mesa federal appeals lawyer at Oberheiden, P.C. is a senior level professional with a high degree of experience handling federal criminal charges. Many of our attorneys were also top prosecutors within some of the federal agencies that are likely to be pursuing your charges. That experience and understanding of the law and the enforcement process has helped our team amass a long track record of successes in appellate courts across the country, including in the Ninth Circuit Court.
What Reputation Does the Ninth Circuit Have?
The Ninth Circuit is generally considered to be the most liberal Circuit Court in the country. This is good news for criminal defendants. The appellate judges on the Ninth Circuit take civil rights very seriously and are often far more skeptical of law enforcement actions than other appeals court judges.
Why Doesn’t Oberheiden, P.C. Call Itself the Best Appeals Firm?
Because we prefer to let our happy clients say those sorts of things. Our firm has a roster of extremely experienced defense lawyers and very capable investigators. Together, they have produced some exceptional appeals strategies that have paid off for Oberheiden, P.C.’s clients.
Contact the Mesa Federal Appeal Lawyers at Oberheiden, P.C.
The federal defense lawyers at Oberheiden, P.C. have guided numerous clients through the appeals process in the Ninth Circuit, including clients based in Mesa. With our legal advice and representation, many of our clients have achieved the successful outcome that they were deprived of at trial.
Contact us online or call our law office at (888) 680-1745 today to get started on your appeal. Do not hesitate – many of the deadlines for filing an appeal in the federal criminal justice system are extremely tight, and the initial filing is a complex endeavor. It is critical to get started immediately.
