If you’ve been convicted of committing a federal crime in South Carolina, having an experienced attorney representing your interests during the appeals process can have a great impact on how much you pay in fines or prison time. An attorney with experience in South Carolina federal appeals can implement post-trial strategies that can result in reduced sentences, and sometimes even overturned verdicts.
FEDERAL APPEALS IN SOUTH CAROLINA
The U.S. District Court for the District of South Carolina is part of the 4th Federal Circuit, whose Court of Appeals is located in Richmond, Virginia. The 4th Circuit Court of Appeals is presided over by three judges appointed by the President of the United States and confirmed by Congress. The job of this court is not to hear new evidence or re-try the case, but rather to review all aspects of the trial itself to ensure that the defendant received due process and a fair trial. All South Carolina federal appeals are referred to this court for review
THE FEDERAL APPEALS PROCESS
If you are tried in federal court and convicted, you and your attorney should decide right away whether the case should be appealed, because there is a limited window of time in which a “notice of appeal” can be filed with the courts. Despite the emphasis on justice, fairness and due process in the court system, inevitably mistakes occur, and many times these mistakes can have a negative impact on the outcome of your case. If there are any errors, abuses or instances of negligence that may have denied you the due process guaranteed you by the Constitution, your attorney will file an appeal for the higher court to review your case.
In your appeal, your criminal defense attorney will submit a written brief to the Court of Appeals detailing specific instances in which significant errors occurred, and appealing to the court to remedy these mistakes. Sometimes, the court will summon the attorneys for short oral arguments, but in most cases the judges will rule solely based on court documents and the written briefs.
THE APPEALS COURT DECISION
The Court of Appeals generally rules on each appeal in one of three ways. If the judges find no clear evidence that any errors negatively affected the outcome of the case, they will affirm the lower court decision, and your conviction and sentence will stand. If the judges find some errors in the case that can be corrected without completely overturning the verdict, it will modify the court decision and remand the case back to the lower courts to make adjustments (this usually results in reduced sentences and fines). If the judges are convinced that the errors significantly affected due process on your behalf, they will vacate the lower court decision, meaning the verdict is completely overturned. At this point, the original trial is invalidated, and the prosecution must decide whether it is expedient to re-try your case. In cases of multiple charges, the Court of Appeals may vacate the verdict on some charges while modifying or affirming others.
OUR EXPERIENCE WITH EAST TENNESSEE FEDERAL APPEALS
The federal appeals process is effectively the last chance you have to see a conviction modified or overturned. For that reason, the more experience your attorney has with East Tennessee federal appeals, the better your chances for a favorable outcome. As a member attorney in good standing with the U.S. District Court of Eastern Tennessee and the 4th Circuit Court of Appeals, Marcia Shein has plenty of experience and an excellent record of success with the federal appeals process.
