After you are convicted of a criminal offense, you may have the right to appeal that conviction. If you are found guilty after a court or jury trial, you have a short period of time – 30 days for a misdemeanor and 60 days for a felony – to file a notice of appeal in the court where you were sentenced.
Types of Appeals
- Writ of Habeas Corpus
- Writ of Mandamus
Additionally, in some instances, even if you plead guilty you may be able to appeal certain issues in your case. If you fail to file a timely notice of appeal, you may lose your fight to appeal. Your trial attorney should prepare and file the notice of appeal but make sure you receive a copy which is stamped with a court filing date.
After the notice of appeal is filed, the court will prepare a record on appeal which includes relevant transcripts of court proceedings and the court file.
The entire appeal process is usually quite lengthy. Between the preparation of the record, filing of the briefs and presentation of oral argument, it could easily be a year or more before your appeal is final. If you were sentenced to custody you can request a stay of that portion of your sentence while the appeal is pending but a stay, especially in serious cases, is rarely granted.
If you are looking for an appellate attorney for yourself, a family member or a friend, call Bird & Bird at (310) 371-7711 for a free consultation.