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Call Madison criminal defense lawyer Robert T. Ruth at (608) 257-2540 for excellent criminal defense,

DUI defense and representation in criminal appeals in all Wisconsin and federal courts.

Robert T. Ruth
Criminal Defense Lawyer

(608) 257-2540
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Federal Criminal Appeals Lawyer

Robert T. Ruth has been a federal criminal defense attorney since 1993 and has devoted a significant portion of his law practice to federal criminal appeals since then. Because he limits his appellate practice to criminal appeals, he is well-versed in every aspect of federal post conviction proceedings, including motions after verdict, direct appeal to the federal court of appeals, petition for certiorari to the United States Supreme Court and federal habeas corpus. His experience as appellate counsel, along with his broader experience in federal criminal defense, makes him an excellent choice for counsel in any federal criminal appeal.

Federal Criminal Appeal Lawyer - Federal Criminal Appeal Attorney

Appellate practice is complicated and full of traps for the unwary. Many good criminal defense attorneys do not even handle criminal appeals or only handle appeals infrequently. If you want to appeal a federal conviction, there is no substituted for an experienced federal appellate attorney who regularly handles federal criminal appeals.

Non lawyers often refer to any challenge to a conviction or sentence as an appeal. When used in this general sense, the term appeal may refer to any number of different challenges to a conviction or sentence. Here is a brief overview of several common avenues for challenging a conviction or sentence.

A direct appeal is an appeal that occurs soon after the imposition of the sentence, so there is no time to waste. In a federal appeal, notice of appeal must be filed within 14 days of the judgment. Federal courts are very unforgiving if this deadline is missed, so do not take any chances. If you think that you want to appeal, get the notice of appeal filed as soon as possible after sentencing. It is much easier to dismiss the appeal if you change your mind than to get an extension on a missed deadline. The standard for excusing a missed deadline is “excusable neglect,” but keep in mind courts are generally are generally stingy in how they define “excusable.” If you missed the deadline for filing notice of appeal, you should contact an experienced federal criminal appeals lawyer to determine if you have a valid claim of “excusable neglect.”

In a federal criminal appeal, once the sentence is imposed and notice of appeal filed, the appeal ordinarily proceeds directly to the court of appeals. Appellate counsel reviews the transcripts and record from the district court proceedings. A federal criminal appeal is generally limited to a mistakes made in the lower court, so the review of the record is a search for lower court errors. Issues on appeal are raised in a written “brief” that is filed with the appellate court. In a federal criminal appeal, if the defendant files the appeal, the briefing starts with a brief in chief by the defendant. The government is permitted the opportunity to file a response brief. The defendant is then permitted the opportunity to file a reply to the government’s response. Many federal courts of appeal permits oral argument in federal criminal appeals. At oral argument, appellate counsel argues the case in person to the appellate panel of judges. Oral argument is an opportunity to stress certain arguments in the brief and to answer questions by the court. If the defendant-appellant wins the appeal, the appellate court generally sends the case back to the district court for correction. The losing party may petition for rehearing, petition for rehearing en banc or petition for writ of certiorari in the United States Supreme Court. A petition for writ of certiorari is not an appeal to the Supreme Court. It is a request to the Supreme Court to consider the case. Just because the Court grants the petition does not mean that it will reverse the lower court.

Federal law also offers challenges to a conviction and sentence under Title 28, U.S.C. sec. 2254 and 2255. In a state criminal case, if the defendant has exhausted his opportunities of relief in the state court, the defendant may petition the federal court for a writ of habeas corpus under section 2254. In a federal criminal case, the writ of habeas corpus is filed under section 2255. The rules governing federal habeas corpus are complex and full of potential traps, including strict deadlines. If you intend to pursue a writ of habeas corpus under either section 2255 or 2254, you should contact and experienced federal habeas corpus attorney as soon as possible to review the case.

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Most of the work in a criminal appeal occurs on paper. Because of this it does not generally cost more to hire an appeal attorney from out of town to handle your criminal appeal. If you need a federal appeals attorney, contact federal criminal appeals lawyer Robert T. Ruth at 608-257-2540 for a free consultation.

Federal Criminal Appellate Attorney - Federal Criminal Appeals Lawyer - Federal Criminal Appeals Attorney

United States federal courts are divided into districts and circuits, all of which are ultimately overseen by the United States Supreme Court. The district court is where a federal criminal charge is first heard. Mistakes in the district court are appealed to the circuit court for that district. For example, Indianapolis, Indiana is in the Northern District of Indiana. A federal criminal case in Indianapolis would start in the Northern District of Indiana. The Northern District of Indiana is in the Seventh Circuit. Thus, an appeal from such a criminal case would go to the Seventh Circuit Court of Appeals in Chicago, Illinois.

The districts courts are required to follow the law of the court of appeals for their circuit. The circuit courts do not always agree on the law. The United States Supreme Court has the ultimate authority over any disagreement in the circuits. Disagreements, however, may go on for months or years or more without a decision by the Supreme Court.

The United States Court of Appeals for the First Circuit is located in Boston, Massachusetts. The First Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: District of Maine, District of Massachusetts, District of New Hampshire, District of Puerto Rico, District of Rhode Island.

The United States Court of Appeals for the Second Circuit is located in New York, New York. The Second Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: District of Connecticut, Eastern District of New York, Northern District of New York, Southern District of New York, Western District of New York, District of Vermont.

The United States Court of Appeals for the Third Circuit is located in Philadelphia, Pennsylvania. The Third Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: District of Delaware, District of New Jersey, Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania, District Court of the Virgin Islands.

The United States Court of Appeals for the Fourth Circuit is located in Richmond, Virginia. The Fourth Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: District of Maryland, Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina, District of South Carolina, Eastern District of Virginia, Western District of Virginia, Northern District of West Virginia, Southern District of West Virginia.

The United States Court of Appeals for the Fifth Circuit is located in New Orleans, Louisiana. The Fifth Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: Eastern District of Louisiana, Middle District of Louisiana, Western District of Louisiana, Northern District of Mississippi, Southern District of Louisiana, Eastern District of Louisiana, Eastern District of Texas, Northern District of Texas, Southern District of Texas, Western District of Texas.

The United States Court of Appeals for the Sixth Circuit is located in Cincinnati, Ohio. The Sixth Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: Eastern District of Kentucky, Western District of Kentucky, Eastern District of Michigan, Western District of Michigan, Northern District of Ohio, Southern District of Ohio, Eastern District of Tennessee, Middle District of Tennessee, Western District of Tennessee.

The United States Circuit Court for the Seventh Circuit is located in Chicago, Illinois. The Seventh Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: Central District of Illinois, Northern District of Illinois, Southern District of Illinois, Northern District of Indiana, Southern District of Indiana, Eastern District of Wisconsin, Western District of Wisconsin.

The United States Court of Appeals for the Eighth Circuit is located in St. Louis, Missouri. The Eighth Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: Eastern District of Arkansas, Western District of Arkansas, Northern District of Iowa, Southern District of Iowa, District of Minnesota, Eastern District of Missouri, Western District of Missouri, District of Nebraska, District of North Dakota, District of South Dakota

The United States Court of Appeals for the Ninth Circuit is located in San Francisco, California. The Ninth Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: District of Alaska, District of Arizona, Central District of California, Eastern District of California, Northern District of California, Southern District of California, District of Hawaii, District of Idaho, District of Montana, District of Nevada, District of Oregon, Eastern District of Washington, Western District of Washington, District Court of Guam, District of the Northern Mariana Islands.

The United States Court of Appeals for the Tenth Circuit is located in Denver, Colorado. The Tenth Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: District of Colorado, District of Kansas, District of New Mexico, Eastern District of Oklahoma, Northern District of Oklahoma, Western District of Oklahoma, District of Utah, District of Wyoming.

The United States Court of Appeals for the Eleventh Circuit is located in Atlanta, Georgia. The Eleventh Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: Middle District of Alabama, Northern District of Alabama, Southern District of Alabama, Middle District of Florida, Northern District of Florida, Southern District of Florida, Middle District of Georgia, Northern District of Georgia, Southern District of Georgia.

The United States Court of Appeals for the DC Circuit is located in Washington, DC. The D.C. Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the Federal District Court in Washington, DC.

Criminal Defense Attorney Robert T. Ruth practices in all areas of criminal defense throughout Wisconsin and Federal Courts. Call him for a criminal case in any of the following cities or counties:

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Law Firm of Robert T. Ruth

Madison Criminal Defense Lawyer

7 North Pinckney St., Suite 240
Madison, Wisconsin 53703
(608) 257-2540
rob@madisonattorney.com

Call Madison criminal defense attorney Robert T. Ruth at (608) 257-2540