How Long Do Criminal Appeals Last For in California?

February 6, 2023

A criminal appeal in California can take anywhere from several months to several years, depending on the complexity of the case and the speed at which it moves through the appeals process.

The appeals process in California begins when a defendant is convicted of a crime and decides to challenge the conviction. The defendant must file a notice of appeal within 60 days of the conviction, and the notice must be filed with the trial court.

Once the notice of appeal is filed, the trial court will transmit the entire record of the case to the appellate court. This can take several weeks or even months, depending on the size and complexity of the case.

Once the record is received, the appellate court will assign the case to a panel of three judges. The panel will review the record and the briefs submitted by the parties. The appellate court may also hear oral arguments, but this is not always necessary.

The appellate court will then issue a decision, which can take anywhere from several weeks to several months. If the appellate court affirms the conviction, the defendant can ask for a rehearing or file a petition for review with the California Supreme Court.

If the appellate court reverses the conviction, the case will be sent back to the trial court for a new trial. The new trial process can take several months to a year or more, depending on the complexity of the case and the availability of court resources.

If the appellate court modifies the conviction or sentence, the case may be sent back to the trial court for further proceedings.

In total, a criminal appeal in California can take anywhere from several months to several years, depending on the complexity of the case and the speed at which it moves through the appeals process.

It’s important to note that the appeals process can be a complex and confusing process, and it is in the best interest of the defendant to have an experienced criminal defense attorney to navigate the process and to advocate on their behalf.

Furthermore, a defendant should be aware of the time limits for filing an appeal, as well as the requirements for filing a notice of appeal. An experienced attorney can help ensure that the appeal is filed in a timely manner and that the notice of appeal is properly prepared and filed.

In conclusion, a criminal appeal in California can take a significant amount of time, and the process can be complex and confusing. An experienced criminal defense attorney can help navigate the appeals process and advocate on behalf of the defendant to help ensure the best possible outcome.

Contact an experienced Orange County criminal appeals attorney for help.

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