From Leigh’s interview for the Masters of the Courtroom series on ReelLawyers.com
During the time between when you’re <a href=”/crimes/”>convicted of a federal crime</a> and when <a href=”/criminal-defense-services/sentencing/federal-sentencing/”>you are formally sentenced</a>, a lot can happen that can have a great impact on the severity of your sentence, including even having convictions overturned. This is why it’s so important to hire a criminal defense attorney with plenty of experience in federal post-conviction strategies.
ABOUT THE POST CONVICTION STAGE OF YOUR FEDERAL CASE
In most federal cases, a sentence is not handed down immediately when you are convicted, but instead the U.S. District Court judge will hold a sentencing hearing between 75-90 days after the conclusion of your trial. The judge uses this time to weigh the findings of your Pre-Sentence Report (PSR) and consult the United States Sentencing Guidelines (USSG) to determine an appropriate sentence. However, a skilled defense attorney will also use this time to employ a number of strategies, including appeals and post-trial motions, to highlight any errors or instances of negligence during the course of your trial that have denied you due process under the law. In some cases, these federal post-conviction strategies can result in having your sentence modified or reduced, vacating your conviction on some or all charges, or ordering a new trial (which gives you another chance to prove your innocence).
FEDERAL APPEALS
It is highly common for convictions in federal court to be appealed. Your attorney will appeal your case to the U.S. Circuit Court of Appeals presiding over your district, submitting a written brief (and occasionally a short oral argument) detailing instances in which errors or omissions occurred and how these wrongly affected the outcome against you. Upon review, if the appellate judges agree, they may vacate the conviction and/or sentence, remand the case back to the District Court for corrections, or call for a new trial. (Click here to view some of our successful appeals.)