A Comparison of Circuit and District Court Systems

The American judicial system is made up of several different court systems, all of which are further divided into state or federal courts. Two of the most common courts within the federal court system are circuit courts and district courts. With so many courts in existence, it can be quite confusing for the average person unfamiliar with state and federal law.

If you are facing criminal charges, it is wise to understand the difference between the two. Continue reading to do just that.

Indiana Criminal Defense Attorney 317-636-7514

Indiana Criminal Defense Attorney 317-636-7514

District Court Systems

District courts are subordinate courts that hold trials for federal-level criminal cases, including general litigation issues and challenges to federal laws. They also deal with sentencing and penalization. District courts cover ninety four different geographic regions within the United States, including linked territories like Guam, the Virgin Island, Puerto Rico, the District of Columbia and the Northern Mariana Islands.

Although reserved for federal cases, there are some states, such as Florida and Texas, which refer to their stat-level court systems as “district” courts. In a district court, a single judge resides over a case. Federal cases are first sent through the district court system, and then work their way up the judicial system depending on the outcome in district court. After a case is ruled on, the verdict can be appealed in appellate court, otherwise known as the circuit court system.

Circuit Court Systems

Circuit courts are one step below the Supreme Court, which can send cases back to district or circuit court to be reviewed. They are also known as “Federal court of appeals” because they are appellate courts responsible for overseeing criminal appeals for cases arising from the district court system. Rather than handing down sentences and penalties, they oversee appeals on federal cases.

Circuit courts exclusively cover thirteen administrative regions within the United States. In a circuit court, a panel of judges (usually 3) reside over a case, and then rotate through each of the 13 regions in the “circuit”, hence the name. Since only about 1% of cases are accepted and seen by the Supreme Court, circuit courts basically set legal precedent.

Questions About Your Felony Charges?

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your felony criminal charges with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation!

The 3 Most Common Actions Appellate Courts Take

If your case is headed for appellate court, you may be interested in learning what outcomes might come about. Most often, an appellate court will take one of three actions: affirm, vacate, or modify. Continue reading to more about each action, and how you can best prepare for your upcoming hearing.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514


Typically, an appeals case is reviewed by a panel of 3 or more judges. They will go over all the details and aspects of your appeal and your appeal brief, before making a decision on your case. During this review hearing, defendants are not usually ordered or requires to appear in court. In place of you appearing in court during this time of review, the appeals court can set your case for “oral argument”, meaning your lawyer can verbally argue your case in front of the judges.

Vacate

If the majority of judges on the panel decide that your appeal is correct, they will remove, or “vacate”, the conviction handed down by the lower court. This entitles you, as the defendant, to a new trial in the lower court, whether state or federal.

Affirm

If the majority of judges on the panel decide that your appeal is incorrect, they will stand by, or “affirm”, the lower court’s conviction. This means you cannot ask for a new trial in the lower court, and you will have to accept the judgement and subsequent sentence.

Modify

If the majority of judges on the panel decide that your appeal is both correct and incorrect, they will make changes, or “modify”, the conviction of the lower court. In this case, you may be entitled to reduced penalties, such as fines, community service, and jail time. Although they make some changes, the rest of the lower court’s judgement will stand.

How to Best Prepare for Your Appeal

Appellate courts are much different from criminal courts in terms of process and procedure. In order to present an appeal to the best affect, you would need the services of a skilled Indianapolis criminal defense lawyer because they have the knowledge, experience, and resources to build a strong and impactful defense in order to defend your rights, protect your freedoms, reduce or dismiss jail time, and much more.

Most often, a defendant would use their current criminal defense attorney to represent their appeal. If you do not wish to use the same lawyer, choose a specialized attorney who is expert-certified by the state’s bar organization to practice criminal defense, and who also has experience with appellate law.

Indianapolis Criminal Defense You Can Trust

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense for appeals in Indianapolis, Indiana. We never stop fighting to preserve your rights and your freedoms. Plus, we offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and get started on your appeal!

Information About State Felony Appeals and Criminal Defense

If you have been convicted of a state-level felony offense, you are in need of immediate criminal defense! Learn what you need to know about appealing a felony conviction and where to find aggressive legal representation to fight for your rights and preserve your freedoms.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Your Right to an Appeal

Those convicted of a state felony offense, but have not yet pleaded guilty to the conviction, may have the opportunity to appeal in a state court of appeals. Unfortunately, those who have already plead guilty to a state felony crime have also forfeited their right to an appeal.

Your Criminal Defense Lawyer’s Role

In order to appeal a felony conviction, you would need to present your appeal to a state appellate court. Appellate courts are much different from criminal courts in terms of process and procedure. So in order to present an appeal to the best affect, you would need the services of a skilled criminal defense lawyer. They have the knowledge, experience, and resources to build a strong and impactful defense in order to defend your rights, protect your freedoms, reduce or dismiss jail time, and much more.

Appealing a Felony Conviction

As the defendant, you hold the burden of proving your appeal. In fact, the opportunity to appeal will not be offered to you by the courts, which means you alone have the responsibility of asking your criminal defense lawyer to put an appeal into motion. Keep in mind that criminal defense lawyers will not automatically file an appeal if a case is lost, unless it is officially requested by the client.

Winning Your Appeal

The progress of your appeal depends on the ruling of an appellate judge. The judge will review the case presented by you and your lawyer, and then decide whether or not there the appeal has any merit and deserves an appeal. If the appellate judge decides that the appeal is not valid nor warranted, it will be denied at your appellate hearing.
In the case that an appeal is granted, both the prosecution and the defense must turn in written briefs for appellate review; then a new verdict can be handed down by the judge. State court of appeals may declare a mistrial, overturn a guilty verdict, or reduce the original conviction.

Indianapolis Criminal Defense That Fights For You!

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense that never stops fighting to preserve your rights and your freedoms. We offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and how to get started on your defense.