How long does an appeal in a federal criminal case take?

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Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), discusses how long a federal criminal appeal generally takes.

If you'd like more information for people facing federal criminal charges, under investigation for a federal crime, or trying to appeal a criminal conviction in federal court, please visit our webpage See more +

Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), discusses how long a federal criminal appeal generally takes.

If you'd like more information for people facing federal criminal charges, under investigation for a federal crime, or trying to appeal a criminal conviction in federal court, please visit our webpage at:

http://www.thekaiserlawfirm.com

If you'd like more information, you can read our blog - which describes every published opinion in a federal criminal appeal where the defendant wins - you can read it here:

http://www.federalcriminalappealsblog.com

Transcript of the Video:

If you are bringing an appeal in a criminal case in Federal Court you want to know, if you are deeply interested in knowing how long that appeal is going to take. First let me just bottom line this an appeal will take a way longer than you wanted to or think it should. About a year is the benchmark I normally tell folks. Sometimes it could go a little faster, sometimes it can go slower. Here is what has to happen, first right after sentencing a notice of appeal is filed and normally in most cases everybody has to wait for the court reporter to order transcripts, to prepare transcripts that's why I try to tell people if you have been convicted order the transcripts in advance you are not waiting on the court reporter to do that work. Once that's done the briefing schedule issues and the whole briefing process normally takes about three months in the average case with Government extensions and what not. After that the court has the case and normally about three or four months after they have the case if they are going to order oral argument, if they are going to ask people to, the lawyers to come in and talk to them about the case they will do that around that timeframe. Once oral argument is done then that panel has the case and then they decide what should happen. They don't have any set requirement of deciding within a certain amount of time, they can take as little or as much time as they think they need and that's why I say it's normally about a year as a benchmark but it can be significantly more, it can be a little shorter in a Federal Criminal Case.

Video Transcript:

If you are bringing an appeal from in a criminal case in federal court you want to know – you are deeply interested in knowing – how long that appeal is going to take.

First, let me just bottom line this an appeal will take a way longer than you wanted to or think it should. About a year is the benchmark I normally tell folks. Sometimes it could go a little faster, sometimes it can go slower.

Here is what has to happen: First, right after sentencing a notice of appeal is filed.

In most cases everybody has to wait for the court reporter to order transcripts – that’s why I try to tell people if you have been convicted order the transcripts in advance so you are not waiting on the court reporter to do that work.

Once that’s done the briefing schedule issues. The whole briefing process normally takes about three months in the average case with government extensions.

After the briefing is done, the court has the case. Normally about three or four months after they have the case, if they are going to order oral argument, they will do that around that timeframe.

Once oral argument is done then that panel has the case and then they decide what should happen. They don’t have any set requirement of deciding within a certain amount of time, they can take as little or as much time as they think they need. That’s why I say it's normally about a year as a benchmark. But it can be significantly more or it can be a little shorter in an appeal from a federal criminal case.

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Topics:  Appeals, Convictions, Oral Argument, Transcripts

Published In: Criminal Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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