Federal Criminal Appeals Attorneys for Licensed Healthcare Professionals

For healthcare professionals, being convicted of a federal crime is a troubling, life-altering, possibly career-ending experience. Yet, with the rising rate of wrongful convictions, it is important to understand a conviction is not the end of the road and you may still appeal your sentence.

The federal appellate law is a highly complex area of law. You often only get one shot at litigating the issues in your case, and an experienced federal criminal appeals attorney who specializes exclusively in licensed healthcare providers may be your best bet.

How Much Time Do I Have to File a Criminal Appeal?

Federal Rule of Appellate Procedure 4(b)(1)(A) governs this time period. Generally, after you have been convicted you have 14 days from the date of the conviction to file a notice of an appeal with the federal circuit court ofaAppeals in your jurisdiction. 

Traditionally, if you did not execute an appellate waiver with a plea agreement, your attorney should file a claim of appeal to preserve your appeal.

What Are Grounds for an Appeal Resulting in an Overturned Conviction?

It is important to remember an appeal is not a retrial of your case. Usually, grounds for setting aside a conviction are:

  • Unreasonable verdicts based on the evidence presented: The verdict rendered by the jury could have been inconsistent with the evidence presented, so much so that a reasonable juror would not have convicted you of the crime(s) alleged.
  • Errors of law: The judge may have applied the wrong law to your case or applied it incorrectly as presented to the jury.
  • Miscarriage of justice: This means there was a mistake in both/either facts or law as applied to your case, which resulted in an incorrect verdict. This could also encompass issues with jurors such as bias.
  • Ineffective assistance of counsel: This means your attorney was somehow deficient during the defense of your case. While this is very difficult to prove, in cases involving highly complex areas of law such as healthcare fraud, it is possible to meet this burden and overturn a conviction.

Where Should My Federal Criminal Appeal Be Filed?

Federal circuit courts of appeals are governed by region:

  • 1st U.S. Circuit Court of Appeals: New England including Maine, Massachusetts, New Hampshire, Rhode Island
  • 2nd U.S. Circuit Court of Appeals: Northeast including New York, Vermont, Connecticut
  • 3rd U.S. Circuit Court of Appeals: Mid-Atlantic including New Jersey, Delaware, Pennsylvania, Maryland
  • 4th U.S. Circuit Court of Appeals: South-Atlantic and part of Appalachia including West Virginia, Virginia, North Carolina, South Carolina
  • D.C. Circuit Court of Appeals: District of Columbia
  • 5th U.S. Circuit Court of Appeals: Southern U.S. including Texas, Louisiana, Mississippi
  • 6th U.S. Circuit Court of Appeals: Midwest including Michigan, Ohio, Kentucky, Tennessee
  • 7th U.S. Circuit Court of Appeals: Midwest including Wisconsin, Illinois, Indiana
  • 8th U.S. Circuit Court of Appeals: Midwest including North Dakota, South Dakota, Nebraska, Minnesota, Missouri, Iowa, Montana, Arkansas
  • 9th U.S. Circuit Court of Appeals: West including Arizona, California, Nevada, Idaho, Montana, Oregon, Washington, Hawaii, Guam, Alaska
  • 10th U.S. Circuit Court of Appeals: West including Wyoming, Utah, Colorado, Kansas, New Mexico, Oklahoma
  • 11th U.S. Circuit Court of Appeals: South including Alabama, Georgia, Florida

What Happens If My Conviction is Overturned?

What happens after the court of appeals has overturned your conviction is a very circumstance-specific issue. Often, your case is remanded back to the trial level for further proceedings, which could include a new sentencing proceeding, a retrial of your case, or factual findings regarding a specific issue.

Trust the Healthcare-Based Criminal Law Attorneys at Chapman Law to Represent You on Appeal

Regardless of the reason for your conviction, it is important to consult with experienced appellate attorneys to handle your case. Our attorneys are licensed to practice in the many federal circuit courts of appeal. 

Our appellate attorneys have extensive experience in fighting white-collar federal convictions including health care fraud, wire fraud, mail fraud, and drug trafficking (DEA registrants).

We have extensive experience in defending health professionals faced with criminal charges, including:

We represent licensed medical professionals, including:

Our offices are in Detroit (where we serve Dearborn, Troy, Ann Arbor and Grand Rapids, and the rest of Michigan); Miami and Sarasota, Florida (for Jacksonville, Tampa, Orlando, West Palm Beach, and all of Florida); Los Angeles/Southern California; and Chicago. Contact us today to learn more.

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