Criminal Defense Lawyers

Your Appeals Options

The first choice in an appeal is called a direct appeal. This is where you feel that the judge or jury has done something that has affected the outcome of your case. The second option is to use a 2255. This type of appeal is filed when you feel that the attorney that represented you didn’t protect your rights, and you didn’t get a proper defense. Once you determine the best option, you must gather your documentation and file the petition. If you had a previous attorney that messed up your case, then you will need to hire a new lawyer to draft these documents. Going into a federal appeals court will require you to have legal counsel that is knowledgeable in this area of law.

The Docketing Statement

The next process is to file a docketing statement. These are just a formality, and it will help the court know how to handle the case. At this time, transcripts from the trial will be prepared, if they haven’t already done so. The court issues a briefing schedule that allows you time to file your opening brief.

The Opening Brief

What is the opening brief? It’s a paper the lawyer files at the beginning of an appeal. It states all the reasons why the court should overturn your conviction. They document everything that has happened in your trial, and they show how errors have affected the outcome. The burden of proof falls on you as the defendant, so the court gives you 45 days to prepare this document. It’s usually quite lengthy in size as it has your case history as well as other similar cases for the appellate court to review.

Once you turn your brief into the court, the government will also file their brief. They will answer the arguments you made in your claim and state why they feel the trial was done correctly. They will also give their recommendations on the matter. Once they file their answer, then your lawyer can file a reply brief. You will respond to any points made and reiterate the points that you originally made about not getting a fair trial.

The Panel of Judges

Once all briefs are filed and answered, then the appeal goes before a panel of judges. The President appoints three judges for the federal circuit. Unlike elected officials, these judges sit on the bench for life. They review the documentation and decide which step they would like to take. They can decide the appeal based on the evidence they have, or they can ask for an oral argument.

An oral argument gives the attorneys for the government and the defendant a chance to argue their points. It won’t be quite like the trial where they call witnesses and such. Rather, it’s mostly the attorneys going nose-to-nose on the issues of the trial and how they feel it was or wasn’t fair to the defendant. Once all arguments are heard, then the judges decide the case.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

The Option To Appeal To The Supreme Court

Once a decision has been handed down, the losing party can ask for the case to be heard again in the Supreme Court. Once the appeal goes before the Supreme Court; the appeals process comes to an end.

It can be quite frightening to deal with the court system and all the appeals. However, you need an attorney standing beside you and making sure all the deadlines are met. Being found guilty doesn’t mean that the case is over, you still have at least two levels of appeals that you can pursue.