Is a Federal Criminal Appeal An Opportunity for a Retrial?

Federal criminal appeals are difficult to understand. A main misconception is that a federal criminal appeal or, more specifically, a ‘direct’ appeal, is an opportunity to re-address or re-open the facts that were presented at trial. It is definitely not that at all! In fact, an appeal and a trial essentially have nothing in common other than the defendant and the prosecuting entity.

NOTE: Every defendant's case is different; we encourage you to reach out to our office to schedule a free phone consultation to discuss the specifics of your loved ones' case with our knowledgeable and compassionate staff.

What Happens During Federal Criminal Appeals Process?

During the federal criminal appeal process, the appellate court will review the records of the prior court’s proceedings to determine whether there are adequate grounds to grant the appeal. These ‘proceedings’ occur almost entirely in writing. Each side files briefs raising and responding to legal errors alleged to have taken place in the district court. 

The records that are reviewed include all pre- and post-trial motions, all evidence admitted to the court and a word-for-word transcript of the trial. In many cases, the evidentiary documents and physical evidence are actually transported to the site of the appellate court. This is done so that the court can examine them first-hand as it considers the legal arguments. In addition to reviewing these materials, the appellate court will also review the written briefs submitted by each party. As mentioned above, in a very few number of cases, oral arguments from counsel will be heard to clarify any points raised by the written briefs.