how long does it take for appeal to go through, from a prison

Last updated on: February 14, 2020
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David Edelstein
David Edelstein
Miami, Florida
Criminal Law
(305) 538-4545
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Criminal defense attorney representing clients facing State & Federal criminal charges.

The length of time for an appeal can vary depending on several factors, like the complexity of the case, the number of appeals filed, and the workload of the appellate court. The time frame for a criminal appeal can vary depending on the jurisdiction, the type of crime, and the specific issues being appealed. Some appeals can be resolved relatively quickly, while others can take several years to reach a final decision. The first step of the appeal process is the filing of the notice of appeal, which typically must be filed within a certain period of time after the conviction, usually between 30 to 60 days after the sentencing. After the notice of appeal is filed, the appellate court will review the trial court record and the briefs filed by the parties. This process can take several months. Once the appellate court has reviewed the record and briefs, it may schedule an oral argument, a hearing where the attorneys for each side present their case and answer questions from the appellate judges. This process can take several months. After the oral argument, the appellate court will issue a decision, which can take several months. If the decision is not in favor of the appellant, the appellant can file a further appeal to a higher court, which can prolong the process.

01/12/2023

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