What are the Chances My Federal Conviction Will be Overturned?

Getting a federal conviction overturned is possible, but it’s definitely not easy. The appeals process is complicated, and you really need an experienced federal appeals lawyer on your side to have a shot. I’ll walk through the basics here so you understand the odds and what’s involved.

How Federal Appeals Work

After you’re convicted at the district court level, you can file an appeal with the Circuit Court of Appeals. There are 13 Circuit Courts that cover different regions of the U.S. Your appeal will go to whichever Circuit Court has jurisdiction over the district where you were convicted.

The Circuit Court doesn’t retry your entire case. They just look at the record from the original trial and evaluate if any legal errors were made that violated your rights or otherwise undermine your conviction. For example, if the prosecution withheld evidence that could’ve exonerated you, that would likely justify overturning your conviction.

If the Circuit Court finds harmful errors were made in your original trial, they can do a couple things. They might order a new trial, or they can even reverse your conviction completely if the errors were severe enough to undermine the validity of the guilty verdict.

However, most appeals fail at this stage. According to the U.S. Sentencing Commission, only about 12% of federal criminal appeals result in a reversal, remanded sentence, or new trial.

Taking It to the Supreme Court

If you lose your appeal at the Circuit Court level, you can request a review by the U.S. Supreme Court. However, the Supreme Court rejects most of these requests. They only take cases that raise important constitutional issues or conflicts between Circuit Courts.

Over the last decade, the Supreme Court has agreed to hear about 1% of the criminal cases appealed to them. So your odds here are very slim, unless your case has some compelling constitutional dimensions.

Common Reasons Convictions Get Overturned

While it’s an uphill battle, federal convictions do sometimes get overturned on appeal. Here are some of the most common reasons:

• Prosecutorial misconduct – This covers things like failing to disclose exculpatory evidence, knowingly using false testimony, or making improper statements to the jury.
• Ineffective assistance of counsel – Your lawyer’s performance fell below professional standards in a way that prejudiced your case.
• Unlawful search and seizure – Evidence was obtained or admitted in violation of your 4th Amendment rights.
• Erroneous jury instructions – The jury wasn’t properly instructed on the law in a way that affected the verdict.
• Change in the law – A higher court later invalidated the statute under which you were convicted.

In most overturned convictions, it’s not just one thing but a combination of errors that undermine confidence in the original guilty verdict. The appeals court has to be convinced that absent those errors, the jury likely would have reached a different decision.

Other Ways to Challenge a Conviction

If regular appeals don’t work out, there are some other options that occasionally succeed in overturning wrongful federal convictions:

• Federal habeas corpus – This allows you to argue your imprisonment violates the Constitution, even if the issue wasn’t raised on direct appeal.
• Actual innocence claims – If you have new evidence that proves your innocence, you may be able to get your conviction vacated even after appeals are exhausted.
• Presidential pardon – The President has the power to fully pardon federal convictions. But this is very rare and usually only granted in high-profile cases.

The bottom line is that while it’s possible to overturn a federal conviction, it’s very challenging. You have to show clear errors that likely impacted the outcome of your case. And even solid appeals often fail simply because the courts give a high level of deference to the original verdict.

If you have a shot, you need an experienced federal post-conviction lawyer who can identify appealable errors, present compelling legal arguments, and navigate the complex appeals process. But it’s wise to temper expectations, as the odds are stacked against you.

My Advice If You’re Considering an Appeal

I definitely understand the desire to pursue every option if you believe you were wrongfully convicted. Just make sure you go in with eyes wide open about the challenges. Here’s my advice:

• Read up on the appeals system so you understand how it works. This will help you evaluate your chances realistically.
• Be honest with yourself about potential errors in your case. Were there any clear constitutional violations or other appealable issues?
• Research attorneys thoroughly and find someone experienced specifically in federal criminal appeals.
• Know that it will be an uphill battle, but with a good lawyer and compelling case, overturning a conviction is possible.
• Maintain hope, but also cultivate acceptance. The appeals process can take years and most attempts fail. Focus on making the most of your situation as it is now, while still pursuing options for vindication.

I hope this gives you a broad overview of the federal appeals process and the odds of getting a conviction overturned. It’s smart to be informed before deciding your next steps. Let me know if any other questions come up! I’m happy to help you navigate this.

References

1. U.S. Sentencing Commission report on federal sentencing statistics

2. American Bar Association article on Supreme Court acceptance rates