Should You Appeal Your Federal Conviction?
If you were recently convicted in federal court, you may be wondering what options you have available. Certainly not every case is right for an appeal to the 5th Circuit, but only an experienced appellate attorney can make that assessment. Federal criminal appeals are one of the most challenging areas of legal practice.
Attorney Dan Gividen has over ten years of legal experience in the criminal and immigration fields. Before turning to defense work, attorney Dan Gividen spent many years as an attorney for ICE, the Department of Homeland Security (DHS), and as a Special Assistant U.S. Attorney in the Northern District of Texas prosecuting these cases and taking them through the appeals process. He has been recognized by his peers for his passionate advocacy on behalf of his clients, and he has a reputation for his impressive skills and knowledge in criminal and immigration law.
Understanding Grounds For Appeal
In order to successfully appeal a conviction, you must give the appellate court a good reason, or grounds, for hearing your appeal. Mr. Gividen will review your case record thoroughly to look for grounds that may work for an appeal. Some questions he may ask include:
- Were you deprived of your constitutional rights?
- Should the evidence against you have been suppressed (excluded from the trial)?
- Were the sentencing guidelines incorrectly calculated?
He uses his experience and knowledge to prepare the strongest case he can, based on legal research and scholarship.
Appeals Are Time Sensitive
Unfortunately, the court only gives you a short time to file your appeal and pay the necessary filing fees. In criminal cases, the defendant has 14 days to file a notice of appeal from the later of either:
- The district court’s entry of judgment or order, or
- The government’s filing of a notice of appeal.
As you can see, you must act quickly if you plan to appeal. In some cases, the court may give you an extension of 30 days, but even that is not much time to file.
Once you start the process, you can expect a response from the government, followed by motions and briefs. The court does not hear oral arguments in every case, but if they select your case for oral arguments, Mr. Gividen will attend the hearing on your behalf. The court attempts to issue an opinion within 60 days of arguments or submission of briefs.
The legal arguments and court procedures at this level are complex, but Mr. Gividen is well-versed in the requirements of each step and has an impressive record of success on appeal. The entire process often takes over nine months to complete.
Start Your Appeal Process
Given the short time frame you have to file an appeal, you don’t want to waste any time. Contact Gividen Law, PLLC, right away to schedule either a telephone or in-person meeting. You can call the Dallas office at 972-256-8641 or fill out the online contact form. Se habla español.