Indianapolis Federal Appeals Attorney

Why consider one of our team for your Indianapolis 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 your Sr. attorney from day one — no Jr. Attorneys or Assistants.

Contact an Indianapolis federal appeals lawyer with Oberheiden, P.C. today. It might seem impossible in downtown Indianapolis, the capital city of Indiana, to overturn your criminal conviction, but you should contact legal representation to see if you have grounds for a federal appeal. Defendants have the right to appeal and seek justice, especially if legal errors are made during their trial in district court.

Still, the appellate court process can seem mysterious to the average person. Many of us know the basics of criminal trials but you might not know what happens when the outcome of the trial gets appealed. This is completely normal as appeals are only understood by a select number of legal professionals, attorneys, and judges.

Luckily, the federal appellate defense lawyers at the law firm of Oberheiden P.C. can provide you with sound legal guidance as you challenge the lower court’s decision and potentially overturn your conviction or sentencing in Indianapolis. Making this momentous choice can be difficult, but the consequences of a criminal conviction will make your life even more difficult as you could lose your rights, freedom, and future. Our Indianapolis federal appeal lawyers aim to win your federal appeal and reverse an unsatisfactory legal outcome.

Understanding the Federal Appeals Process

When you have been charged with a federal crime in Indiana, there will be a few steps that take place before your appeal. To begin, federal agencies will investigate you and look for evidence of a suspected crime. If that evidence is found, investigators will charge you and make an arrest.

Navigating the federal appeals process can be daunting, but understanding its intricacies is crucial for anyone seeking to challenge a lower court’s decision. In Indiana, the journey typically begins with the filing of a Notice of Appeal with the Seventh Circuit Court of Appeals. This critical document must be submitted within a strict timeframe, usually 14 days after the lower court’s decision, to ensure your appeal is considered.

It’s important to note that a federal appeal is not a retrial of your case. Instead, the appellate court’s primary focus is on identifying and rectifying legal errors made during the initial trial. This means the judges will meticulously review the lower court’s records to determine if there were any mistakes in applying the law or admitting evidence.

The federal appeals process in Indiana can be lengthy, often taking several months or even years to reach a resolution. However, with the right Indianapolis federal appeals attorney, you can navigate this complex system more effectively. Experienced federal appeals lawyers, like those at Oberheiden P.C., can help you understand the process, identify grounds for appeal, and present a compelling case to the appellate court.

The Role of a Federal Appeals Attorney

A federal appeals lawyer plays a crucial role in the appeals process, representing clients in federal appeals cases and advocating for their rights in the appellate court. The primary responsibility of a federal appeals lawyer is to review the lower court’s decision, identify potential legal errors, and develop a strong argument to present to the appellate court. A skilled federal appeals lawyer must have in-depth knowledge of federal law, appellate procedures, and the specific court’s rules and precedents.

In addition to their technical expertise, federal appeals attorneys must also possess excellent communication and advocacy skills to effectively present their client’s case to the appellate court. They must be able to distill complex legal issues into clear and concise arguments, and persuasively present their client’s position to the court. This combination of legal acumen and persuasive communication is essential for navigating the appeals process and achieving a favorable outcome in federal appeals cases.

The Federal Criminal Justice System in Indiana

At this stage of the federal criminal justice system, agencies like the DEA, FBI, IRS, and DOJ are intent on convicting you with the harshest penalties possible. To avoid this, you might choose to take a plea bargain and settle with reduced charges and sentencing. However, if you want to prove your innocence and fight your charges, you have to go to the district court.

When you have been charged with a federal crime in Indiana, there will be a few steps that take place before your appeal. To begin, federal agencies will investigate you and look for evidence of a suspected crime. If that evidence is found, investigators will charge you and make an arrest.

Defendants charged with a federal crime in Indianapolis, Indiana, will be sent to the United States District Court for the Southern District of Indiana. The courthouse in Indianapolis is located at 46 East Ohio Street, Indianapolis, IN 46204. You might be able to win your criminal case at this stage. However, if you are convicted of a crime and know that your conviction is unjust, you should appeal.

The appeal process takes place at the United States Court of Appeals for the Seventh Circuit. The Seventh Circuit Court handles appeals cases in Wisconsin, Illinois, and Indiana. Your case will be heard at the Everett McKinley Dirksen United States Courthouse located at 219 S. Dearborn Street Room 2722 Chicago, IL 60604. This is the only appeals courthouse in the Seventh Circuit.

Defendants who are unable to win their appeal at the Seventh Circuit have the option to file for a rehearing. You can also appeal your case to the Supreme Court of the United States. As the highest level of the U.S. criminal justice system, the Supreme Court only takes on a few appeals cases each year. However, if you have strong grounds for appeal and want to pursue this option, Oberheiden, P.C. will prepare you for the next stage of your legal journey.

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)

The Importance of Experience in Federal Appeals

Experience is essential for an Indianapolis federal appeal lawyer to be successful in the appellate court. A lawyer with extensive experience in federal appeals cases has a deep understanding of the appellate process, the court’s procedures, and the judges’ preferences. They have likely handled numerous appeals cases, including those involving complex legal issues and high-stakes outcomes.

An experienced federal appeals attorney can provide valuable guidance to clients throughout the appeals process, from identifying potential legal errors to developing a winning strategy. They can also help clients navigate the complexities of the appellate court, ensuring that their case is presented in the most effective manner possible. This expertise is crucial for maximizing the chances of a successful appeal and achieving the best possible result in federal appeals cases.

Federal Appeals Cases Our Law Firm Handles in Indianapolis, Indiana

Over the years, Oberheiden P.C. has provided defendants with successful appellate results that meet their legal goals. Criminal appeals cases we have handled in Indianapolis and around the country include:

• Securities fraud
• Drug crimes
• Bribery
• Healthcare fraud
• Tax evasion
• Money laundering
• Public corruption offenses
• Conspiracy
• Embezzlement
• Import/Export Violations
• Mail and wire fraud
• Other white-collar crimes

We also represent clients who are charged with other federal offenses and will strongly defend your rights while you appeal. Understand that the lawyers at Oberheiden, P.C. will fight tirelessly for your freedom. The appeals process can be stressful for anyone, but our senior appeals lawyers will handle your case with care and use their experience and knowledge of appeals to make this legal process as seamless and hassle-free as possible.

What to Expect From the Appeals Process in Indianapolis, Indiana

Defendants entering the circuit court should not expect a brand new trial, as the primary focus of your appeals case will rest on any legal errors made in the district court.

If the judge, jury, or prosecution team wrongly convicted you and made mistakes during your initial trial, this will give you grounds for an appeal and could lead to a reversal of your conviction or sentencing. Possible grounds for an appeal might include these reasons:

• The evidence used did not conclusively prove your guilt
• There was jury misconduct or bias
• The trial judge did not apply the law appropriately
• Other legal errors were made that puts your conviction in doubt

Contacting an Indianapolis federal appeals attorney should be the first step taken in the appeals process. This way you can discuss your case with a qualified lawyer. Once you can establish grounds for an appeal, you will file a Notice of Appeal. Our team will help you submit this document correctly within 14 days of your sentencing.

After your appeal is sent to the district court where your trial took place, the appellate judges will receive court records from your criminal trial. While these records are being reviewed, we will begin writing a brief that fully explains why your conviction was unjust and why it should be overturned. The prosecution team will also write its own brief, which will argue that your conviction should be affirmed.

The panel of judges on the Seventh Circuit will take their time reviewing both sides’ briefs. They may even ask the lawyers involved to present oral arguments to further explain the case. However, most of the appeals process is done in private. The appeals judges look over the arguments made and make a final decision. Their verdict will be sent through the mail.

If you win your appeal you could get a complete reversal of your conviction, a new trial might be ordered, or the lower court will get brand new legal instructions. Losing your case means that your conviction remains the same. In this situation, it can be wise to appeal to the United States Supreme Court for review.

Frequently Asked Questions About Federal Appeals and Oberheiden, P.C.

Contact Oberheiden, P.C. Today for an Indianapolis Federal Appeals Lawyer

Finding the right federal criminal appeals attorney is essential if you want to win your appeals case. Defendants will need the help of an experienced appeals lawyer to navigate the process and create a convincing brief that proves a mistake was made during the criminal trial.

However, the average federal defense lawyer does not have the right legal experience to aid you in the appellate courts, as they are less knowledgeable about trial errors and will have a harder time properly preparing you for the circuit court.

The Indianapolis federal appeal attorneys at Oberheiden, P.C. are ready to represent your interests properly. You can contact us online or call us at (888) 680-1745. Do not hesitate to contact us today with any of your questions or concerns about appeals.

Additional Pages for Indianapolis, Indiana

• Indianapolis federal criminal defense
• Indianapolis white collar crimes
• Indianapolis healthcare fraud defense