When the FBI Comes Calling…®

THREE GOALS OF AN APPEAL

Every appeal should begin with three goals in mind: dismissal of the charges, reversal of the conviction for a new trial, and a remand for re-sentencing. These three goals are apparently in conflict. However, an appellate attorney should, if the facts and law support them, press for each goal on the appeal.

Convincing an appellate court that the evidence against a client was insufficient to sustain his conviction is among the most difficult, if not the most difficult, challenges the firm can undertake. However, the benefits can include the greatest possible relief for the client, a dismissal of the charges. Even if this argument is unsuccessful in its own right, making the argument may still help the client by showing the appellate court that the conviction was a “close call,” which may make the appellate court more inclined to rule that other errors the firm points out contributed to the conviction.

To obtain a reversal of a client’s conviction and a new trial, the firm will relentlessly scour the trial transcripts, motions, and all other related documents to find errors. While the law does not entitle a defendant to a “perfect” trial, some errors can be severe enough to warrant a new trial. With a new trial, there may be the possibility for a different verdict or sentence.

Finally, in addition to any other arguments, the firm can press for a new sentence. If the Firm represented the client during sentencing, then the Firm will already have a good start on how to attack the sentence on appeal. If the firm began representing the client after he was sentenced, then we will review all of the important documents, visit with the client in person and, if beneficial or necessary, talk to people such as the client’s original attorney and the probation officer.

Since McNabb Associates only represents clients in the federal arena, we do not have to keep up with cases and law that effects state criminal appeals. Instead, we exhaustively research and prepare for all potential issues that could influence a client’s federal criminal appeal.