The Time to Appeal a Criminal Case

A development occurred recently involving a defendant who was convicted and sentenced to 20 years in federal prison for involvement in a Salmonella outbreak that was traced to a peanut butter plant. This outbreak resulted in thousands of illnesses as well as nine deaths. Legal counsel recently petitioned the 11th Circuit for more time to petition a rehearing to provide adequate time and review the issues and records associated with a case. If the 11th Circuit accepts this request, the case’s deadline will be extended to April 10. In arguing for this extension, legal counsel claims that the federal government will not be prejudiced in any way by this extension. Usually, the 11th Circuit requires the filing of requests to rehear a case within 21 days, but the court has already granted two extensions in this matter.

It is important to understand that appeals are a time sensitive issue. This means that if a person misses the window in which to file an appeal, courts are unlikely to grant them more time in which to make their appeal. For most federal criminal appeals, a person has 30 days in which to appeal.

Why You Need Assistance in Filing an Appeal

Creating a successful appeal often depends on the assistance of an attorney who has the knowledge and expertise necessary to navigate obstacles that can arise. Failure to properly appeal can result in a person’s case being dismissed for failure to satisfy one of several requirements. Fortunately, seasoned legal counsel is able to navigate the time-sensitive nature of appeals and can make sure that the appeal satisfies all applicable requirements.

Exceptions to the 30-Day Requirement

In accordance with Rule 4 of the Federal Rules of Appellate Procedure, a party has 60 days to file an appeal if one of several exceptions applies. Additionally, in federal court, if a person files one of several types of motion in accordance with the Federal Rules of Civil Procedure, they are sometimes able to obtain an extension of time. This depends on the district court in question granting a Motion for Extension of Time. Often, for a Motion for Extension of Time to be granted, a person must demonstrate that either good cause or extraordinary cause exists. Some examples of good cause include illness or death of the person’s attorney, changes in legal counsel, Congressional rulings that are about to be made that would change the case, and printing difficulties. Some situations that would not include good cause include professional commitments by a person’s attorney or religious or national holiday observances.

Contact a Seasoned Criminal Defense Attorney Today

If you are interested in appealing a criminal conviction, it is important to obtain the assistance of a seasoned criminal defense attorney who understands the appellate process and who can make sure that your appeal is filed within the appropriate window of time. At the Federal Criminal Law Center, our legal counsel has helped many people successfully navigate the appellate process. Contact our law office today for assistance.