In cases that result in an unfavorable court ruling, the defendant may file an appeal to have the matter reevaluated by a higher court. While this course of action may seem like the obvious choice in this situation, the appeals procedure can be highly complicated and costly to those who choose to undergo it.
If you are thinking of filing an appeal for a recent criminal conviction, you should not do so without extensive preparation. To have your criminal case evaluated by a qualified legal professional, enlist the help of a Hennepin County appeals lawyer.
What is an Appeal?
Criminal charges and convictions may be appealed when a defendant asks a higher court to review the outcome of their case. In cases involving judgments issued by a government agency or body, such as state departments and city councils, these decisions may also be appealed under state law.
The appeals process a criminal defendant must go through will vary depending on the degree of the offense they have been convicted of committing, such as if it was a misdemeanor or a felony. If a defendant is convicted of a crime and wishes to appeal the final judgment that a lower court issues, they should first obtain the services of a local lawyer who is familiar with the processes for filing various criminal appeals.
Timing Constraints to Appeal a Court Decision
In Minnesota, the procedure for appeals can be found under § 28.02, subdivision 4 of the Minnesota Rules of Criminal Procedure. However, depending on the type of appeal a person files, the procedure for filing a request can change drastically, particularly with respect to the amount of time a person will have to file an appeal.
For instance, in cases involving felonies or gross misdemeanors, a criminal defendant will have 90 days following the final judgment or entry to file an appeal. In cases involving misdemeanor offenses, an appeal must be filed no later than 30 days following a final judgment or entry. While a criminal defendant may apply for a 30-day extension to increase the amount of time they have to file an appeal, they must first make a showing of “good cause” by filing a motion.
If a criminal defendant fails to timely file an appeal, it could detrimentally impact their case. When someone is uncertain of the applicable deadline, they should seek the advice of an experienced criminal appeals attorney in the area.
Let a Hennepin County Appeals Attorney Streamline the Filing Process
Filing an appeal in court can be an arduous and expensive process. Although an appeal may seem like a feasible option for some at first, there may be cases when filing an appeal could do more harm than good for a criminally convicted individual
If you want to appeal a recent conviction of a criminal offense, you should seek the guidance of a knowledgeable legal advocate before doing so. Call today to schedule a confidential consultation with an experienced Hennepin County appeals lawyer.