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How long do appeals usually take?
The Appeals Process Timeline: How Long Appeals Take
For those convicted of crimes, filing an appeal can feel like their last hope for justice. But appeals take time – often a lot of it. This article provides an overview of the typical timeline and factors affecting how long appeals take to help manage expectations.
Filing the Notice of Appeal
The appeals process starts by filing a notice of appeal within 30 days after sentencing or the final judgment. This document goes to the trial court and higher appeals court alerting them you intend to appeal.
Some key steps at this stage include:
- Instructing your lawyer to handle the appeal
- Ordering transcripts of the trial proceedings
- Reviewing the trial records and clerk’s minutes
- Identifying potential appealable issues
Thoroughly examining the trial records helps build the strongest appeal by uncovering all possible mistakes or violations.
Filing the Appellant’s Brief
The next major step is your lawyer filing an appellant’s brief, typically within 30-60 days after the notice of appeal. This legal document outlines:
- The case facts
- Trial proceedings
- Alleged errors by the judge or prosecution
- Legal precedents supporting the appeal
Your lawyer will research issues like insufficient evidence, unreasonable sentences, procedural errors, incorrect rulings, and violations of rights.
Opposition Brief by Prosecution
After receiving your appellant’s brief, the prosecution has 30-60 days to file their opposition brief disputing your claims. This outlines:
- Their view of the case facts
- Why the trial was conducted properly
- How the verdict and sentence were justified
- Legal precedents supporting their stance
Reading the opposition brief helps your lawyer prepare for oral arguments by anticipating what the prosecution will say.
Filing the Reply Brief
You then have the option to file a reply brief within 30 days to counter the prosecution’s arguments. This allows you to rebut their claims and reaffirm why errors were made that justify overturning your conviction or sentence.
Reply briefs are optional, but help strengthen your case right before oral arguments.
Oral Arguments Hearing
Oral arguments take place 30-90 days after all briefs are filed. Your lawyer and the prosecution make their case before a panel of appeals court judges.
Each side has 15-30 minutes to argue key points from their briefs. The judges may interrupt with challenging questions. Oral arguments help them fully grasp both sides’ stances.
Appeals Court Decision
After oral arguments, the appeals judges confer in private to make their decision, typically within 30-90 days. They will either:
- Affirm your conviction and sentence
- Reverse certain aspects and remand for a new trial or sentencing
- Vacate the judgment entirely if severe errors occurred
More complex cases with multiple issues take longer for the appeals court to review and rule on.
Further Appeals Options
If you lose at the appeals court level, you may be able to file further appeals to try getting the verdict overturned:
- En banc review – Appeal to the full appeals court
- State supreme court – Appeal to the highest court in your state
- Federal courts – Appeal through the federal court system
- U.S. Supreme Court – File a petition for writ of certiorari seeking review
But higher courts tend to only take cases involving major legal or constitutional questions. Most criminal appeals end at the initial appeals court level.
Total Appeals Timeline
While variables affect the timeline, a typical state appeals process may span:
- 2-3 months for briefs and record review
- 1-2 months for oral arguments scheduling
- 1-3 months for the appeals decision
- 12-18 months total from filing notice to appeals decision
Federal appeals through all levels can take several years depending on the complexity, need for investigations, and court backlogs.
Speeding Up the Appeals Process
There are some strategies that may help resolve appeals faster:
- Ask your lawyer to request expedited review
- Only raise air-tight issues with strong legal grounds
- Thoroughly research your arguments before filing briefs
- Be willing to settle instead of fighting to the highest court
But ultimately, sufficient time is needed for careful review – appeals are rarely rushed.
Takeaways
While exhausting, understanding the usual appeals timeline and process flow helps set realistic expectations. With patience and a strong case, overturning a wrongful conviction or unfair sentence remains possible.
References
[2] Brief | Wex | US Law | LII / Legal Information Institute
[3] How Criminal Appeals Work | Nolo
[4] FRAP Rule 28. Briefs | Federal Rules of Appellate Procedure | LII / Legal Information Institute