When the FBI Comes Calling…®

THE PROCESS

While every client and every appeal is different, the firm employs the same process to find the best appellate issues. The right process requires aggressiveness, tenacity, and careful consideration of even the smallest detail.

After filing the notice of appeal with the Federal District Court, the firm will order the transcript of the trial. The transcript is an absolutely essential element of the process. It is a record of everything that was said for the trial, from the client’s initial appearance through sentencing. Once we know what happened, we can focus on where to go next.

The firm will read the transcript a number of times. First, as if it was a book or a play, to get a “feel” for the trial, the evidence, and the people involved. Then, the firm will review the transcript and look for potential issues. For example, was there a problem in how the jury was chosen? Did the Judge admit certain evidence improperly? Were the client’s Constitutional Rights violated? Was there a miscalculation with the Federal Sentencing Guidelines that affected the sentence? All issues, no matter how small they may appear, will be set aside for further review.

After exhaustively searching for issues, the firm will begin to categorize them by a variety of factors such as whether the trial defense attorney objected during trial, how harmful the error was to the client’s case, and whether the Judge acted to remove any taint the error caused.

Then, the firm begins to research the law pertaining to each of the best issues. The law may be favorable or unfavorable depending on which Circuit Court of Appeals "owns" the client’s appeal, whether there is a clear or vague ruling on the issue, and a host of other factors. This type of research, combined with brainstorming sessions among the firm’s attorneys, is time-consuming and difficult. However, no appeal is won by taking the easy path. The firm recognizes that doing an appeal the right way is supposed to be difficult.

This process is the basis for our effort to achieve one of one or more of the three goals of an appeal. While each appeal may require additional or different tasks, every appeal must be done according to this basic process. Prior to submitting the appeal’s best issues via the written "Appellant’s brief," the firm will thoroughly review the case with the client and our "point of contact" designated by the client.