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Losing a criminal trial can be devastating, but the defendant may have the right to appeal the decision in certain situations. Although being found guilty is not, by itself, enough to sustain an appeal, procedural errors and other violations of the defendant’s due process and constitutional rights could justify appealing. However, there is not an unlimited amount of time to appeal. Failing to do so could jeopardize your freedom for a long time to come. Whether you have a state or federal criminal appeal, The Keleher Appellate Law Group is here to advocate for you.
The Deadline For a State Appeal
In the State of Illinois, a criminal defendant has 30 days from the date of the trial court’s final judgment or order to file an appeal. To preserve the right to appeal, it is critical that the defendant adhere to this deadline. The appeals process starts with filing a notice to appeal in the trial court. If the defendant files late, the appeals court will not have the authority to hear the appeal.
There are a few exceptions to the 30-day rule. For instance, an interlocutory appeal from an order granting or denying a temporary restraining order must be filed and briefed within two days of the order. Additionally, court rules allow defendants to file time extensions, a step that should only be undertaken in consultation with an attorney.
The defendant must also file a docketing statement within 14 days of filing the notice of appeal. Following this, the appellate clerk will send the defendant or their attorney a calendar of the due dates for everything else that must be filed.
The Deadline For a Federal Appeal
Compared to state appeals, the federal appeal deadline is much shorter at 14 days after entry of the court judgment. The notice of appeal must be filed in the U.S. District Court. If a timely motion for a new trial has been made, then the defendant has 14 days to file the appeal after entry of an order denying the motion.
It is possible to extend the filing deadline from 14 days to 30 days. However, the convicted defendant must demonstrate excusable neglect. Excusable neglect usually pertains to something that is beyond the defendant’s control and is generally something rare. It is important that you do not rely upon excusable neglect and file within the 14-day deadline. But if you do happen to miss it, speak with an attorney.
What Is the Notice of Appeal?
The notice of appeal is not the document in which you make your arguments. That comes later with the record on appeal and appellate brief. It is simply a document that informs the court that you are appealing and which preserves the defendant’s right to appeal. Failure to file this document on time could be fatal to your appeal despite its simplicity.
How To Protect Your Right to Appeal
Understanding your rights following a criminal conviction is an imperative step in potentially overturning the trial court’s ruling and preserving your freedom. Our legal team recommends the following:
- Work with the right trial attorney: A seasoned trial lawyer will always be thinking forward to a possible appeal. Steps can and should be taken at trial to preserve certain issues for appeal and to make a defense in light of the fact that the jury may ultimately find the client guilty.
- Be upfront with your attorney: Your communications with your attorney are protected by privilege, meaning your lawyer must keep these discussions confidential. Your lawyer needs to know as much about the charges against you (and the facts) as possible to present arguments at trial which, later, could aid your appeal.
- Contact an experienced appellate lawyer right away: Thirty and 14 days are not much time, and one should never assume they will be granted a time extension. If you receive any sort of adverse ruling from the trial judge, speak with a seasoned appellate attorney right away.
If you were convicted of state or federal charges in Illinois, your future depends upon the decisions you make next. Call The Keleher Appellate Law Group to learn more about our criminal appeals practice.
The Keleher Appellate Group, LLC, serves clients in Chicago, Denver, St. Louis, and the surrounding areas in Illinois, Indianapolis, Indiana, Missouri, Wisconsin, and Colorado. We also provide our services nationwide and internationally.