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.
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.
It is important to remember an appeal is not a retrial of your case. Usually, grounds for setting aside a conviction are:
Federal circuit courts of appeals are governed by region:
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.
Regardless of the reason for your conviction, it is important to consult with the experienced appellate lawyers at Chapman Law Group to handle your case. Our healthcare-based criminal law and healthcare fraud appeals attorneys are licensed to practice in the many federal circuit courts across the U.S.
Our extensive experience in fighting white-collar federal convictions —including health care fraud, home health care fraud, Medicaid and Medicare fraud, Anti-Kickback violations, wire fraud, mail fraud, and drug trafficking (DEA registrants) — is well-known throughout the medical community.
We have extensive experience in defending traditional and specialty physicians , pain management specialists, pharmacists , and other licensed medical professionals who face criminal charges.
A healthcare-related criminal conviction can destroy your livelihood. When you delay considering an appeal, your window for an effective argument closes quicker than you might think. By contacting us as soon as possible, we will immediately look into the merits of your case; see how the legal arguments may have been flawed, or whether your counsel was ineffective; and do our best to fight for a new trial, a reversal, or other result to get you back to doing what you do best in the healthcare arena.
Our national healthcare defense law offices are in:
Contact us today to learn more.
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Following review of our physician’s compliance plan, the government choose to dismiss the investigation without taking any adverse action.
Healthcare fraud charges against a pain management physician were dropped after a 3 1/2-year legal battle, which stemmed from a widespread Appalachian Regional Prescription Opioid Strike Force sweep.
The U.S. Supreme Court is considering a case that calls for putting a definitive standard in place for prescribing controlled substances in the U.S. — and you have a chance to weigh in on why this is important.
Our criminal law and healthcare fraud lawyers look back to a complex criminal case that shows how, even in the worst of situations, the right things can happen for a healthcare practitioner being dragged through a criminal maelstrom.
Our client, a home health business manager convicted of $2 million in healthcare fraud, was able to serve just three months of his 36-month sentence, arguing for “compassionate release” due to his age and health condition.
The government claimed that property taken from Dr. Joseph Oesterling was derived from illegal activity, but the appellate court struck the argument down.
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