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The Federal Court System
The federal courts
have jurisdiction over laws passed by Congress. Federal
crimes include crimes which cross state boundaries and occur
on federal land, for example use of the mail to defraud,
drug trafficking, kidnapping and DWI in a military base or
national park. There are also some crimes which may be prosecuted
in both federal and state court.
If you are contacted as
part of a criminal investigation by the U.S. Secret Service,
FBI, DEA, U.S. Marshall, the IRS CID, or any other federal
agency they could be considering you as a potential witness
or as a suspect. For many people involvement in the federal
court occurs when they are subpoenaed as part of an investigation
by a federal agency. A subpoena is a legal document requiring
an appearance before a grand jury or court to give testimony.
If you are subpoenaed you have the right to consult an
attorney to assess the nature of an investigation before
you appear or give testimony as a witness.
Federal cases
are substantially more difficult than state court cases.
If a person is convicted of a federal crime they usually
serve eighty-five percent or more of a sentence without
parole. The procedures and sentencing guidelines of the federal
court system require the full attention of your attorney.
If you part of an investigation or accused of a federal crime
you should call Frechette & Associates immediately to obtain free legal advice and representation.
Criminal Appeals
The right to appeal is granted by the U.S. Constitution.
Appellate courts review a case after it been heard in the
trial court. Depending on the type of appeal and the issues,
the New Mexico Court of Appeals and/or Supreme Court may
hear the appeal. An exception to this rule is a de novo appeal
from municipal to district court. Appeals of DWI or domestic
violence cases from Albuquerque Metropolitan Court are record
appeals.
An appeal is a review by a higher court to determine
whether the procedure or ruling in the case correctly followed
the law and facts presented. If an appeal court determines
that a mistake of law or fact was made it has the authority
to correct the mistake by ordering a new trial, dismissing
the charges, or ordering certain corrective steps to
be taken. If you cannot afford an attorney but wish to bring
an appeal, an appellate public defender may be appointed
to represent you. You must request that the trial judge
assist you in obtaining that appointment.
You can hire the
attorney that handled your trial or a new attorney. It
is the responsibility of that attorney to file the appropriate
paperwork for an appeal. You have 15 or 30 days to file
an appeal, depending on the type of case and court. It must
be filed with the clerk of the trial and appellate court
and should also be sent to the prosecutor. Appellate law
requires briefs to be written and documents to be filed
in a very specific time frame. You should contact
us right
away to manage your appeal.
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