How long do I have to appeal?

The gavel falls. The sentence is imposed. The defendant is led out of the courtroom arm-in-arm with court deputies. Naturally, this is an emotional, frightening moment for the convicted person and his or her family.

But it is not the end.

After sentencing comes the appeal.

“How long do I have to appeal?”

The time to appeal varies jurisdiction to jurisdiction. In federal court, the defendant has 14 days from the latest of two events: the entry of the judgment or the filing of the government’s notice of appeal. [1] The government does not appeal often because the bases for appeal are limited; thus, 14 days from the entry of judgment will be the timeframe in almost all cases. If a post-trial motion for judgment of acquittal, motion for new trial, or motion for arrest of judgment is filed, the defendant has 14 days from the entry of the order disposing of the post-trial motion. [2]

In Alabama, a defendant has 42 days from the pronouncement of sentence. [3] If a motion for new trial or motion for judgment of acquittal has been filed after the sentence was imposed, the notice of appeal may be filed within 42 days of the order denying or overruling the post-trial motion. [4]

In Minnesota, the times for appealing vary depending on what is being appealed. Felonies and gross misdemeanors have 90 days to file the notice of appeal. [5] Misdemeanors have 30 days to file the notice of appeal. [6] Appeals from sentencing also have 90 days to file the notice of appeal. [7]

With criminal appeals, time is of the essence. The appellate process is complicated and requires navigating specific rules and timeframes. If you or someone you love needs help with a criminal appeal, contact Peter Armstrong, Attorney at Law, for a free consultation.

REFERENCES:

1.    Federal Rule of Appellate Procedure 4(b)(1).

2.    Id. at 4(b)(3)

3.    Alabama Rule of Appellate Procedure 4(b)(1).

4.    Id.

5.    Minnesota Rule of Criminal Procedure 28.02 subd. 4(3)(a).

6.    Id. at 4(3)(b).

7.    Minnesota Rule of Criminal Procedure 28.05 subd. 1(1).