Deadlines That End Appeals Before They Begin: A Timeline Guide for Louisiana Defendants

Whether you are being prosecuted in state or federal court, a conviction isn’t necessarily the end of your case. Individuals who have been convicted of crimes in state or federal court may be able to challenge their conviction or sentence on various grounds. Challenging a conviction or sentence frequently involves filing an appeal—and, while legal representation isn’t required, there are several important reasons to work closely with an experienced Shreveport criminal appeals attorney.

For individuals who have questions about filing an appeal, it is important to consult with an experienced Shreveport criminal appeals attorney right away. This is because strict deadlines apply. While federal judges may grant extensions in appropriate cases, you should not rely on a judge granting an exception to the rule if you can avoid it by filing a timely notice of appeal.

The Deadline for Filing a Criminal Appeal in Louisiana State Court

The deadline for appealing the outcome of a criminal case depends on whether your case was tried in state or federal court. If you were convicted of a state crime in Louisiana, you have 30 days to initiate the appeals process.

This 30-day deadline generally runs from the date that you are sentenced. If you aren’t sure when you were sentenced and don’t have access to the documentation you need, your criminal appeals attorney can determine when the deadline expires.

The Deadline for Filing a Criminal Appeal in Federal Court

If you were convicted of a federal crime in the U.S. District Court for the Eastern, Middle, or Western District of Louisiana, you only have 14 days to initiate the appeals process. In this scenario, you will need to file a timely notice of appeal in the relevant district court (even though your appeal will be heard by the U.S. Court of Appeals for the Fifth Circuit).

As the U.S. Department of Justice (DOJ) explains, “[a]ppeals by a convicted defendant must be taken within 14 days after entry of the judgment appealed from, unless a timely motion for new trial has been made.” If you filed a motion for a new trial following your conviction, the 14-day deadline will run from the date that the district court denies your motion.

In federal cases, the district courts have discretion to grant up to a 30-day extension for either “good cause” or “excusable neglect.” These are different standards, and an experienced Shreveport criminal appeals attorney can discuss them with you if you need more information.

How to Preserve Your Right to Appeal Before the Deadline Expires

While it is common to talk about “filing an appeal,” you don’t strictly need to file an appeal to preserve your appellate rights after a criminal conviction in Louisiana. Instead, preserving your appellate rights involves filing a “notice of appeal” (or “motion for appeal” in state criminal cases) in the appropriate court.

This is an important distinction. While an “appeal” is a complex legal document that explains in depth why your conviction or sentence is unjust, a “notice of appeal” is a short and straightforward filing. As a result, if you think you may have grounds to appeal your conviction or sentence, you can file a notice of appeal without needing to go through the process of building your appellate arguments, which can take a significant amount of time.

With that said, due to the importance of ensuring that you preserve your appellate rights before the deadline expires, it is still best to have an attorney prepare and file your notice of appeal on your behalf. Once your attorney preserves your rights, then your attorney can shift his or her focus to the substance of your appeal.

What if You Missed the Deadline to Appeal Your Criminal Conviction or Sentence?

What if the deadline to appeal your conviction or sentence has expired? Do you have any options left, or do you need to accept the consequences of an unjust criminal process?

If you missed the deadline to file a criminal appeal (and you are out of time to seek an extension if your case was prosecuted in federal court), you may still be able to challenge your conviction or sentence by filing an application for post-conviction relief (PCR) in state court or a habeas motion in federal court.  While appeals, PCR applications, and habeas motions are similar in that they all provide opportunities to have a criminal conviction or sentence overturned, they differ in almost every other respect.

With this in mind, if you are out of time to file an appeal, you will need to consult with an attorney who has specific experience helping clients seek post-conviction relief. While criminal appeals can raise various legal issues at all stages of the trial (and pre-trial) process, PCR applications and habeas motions  typically involve one of the following issues:

• Newly discovered evidence
• Prosecutorial misconduct
• Ineffective assistance of counsel

These are not the only grounds for seeking post-conviction relief, but they are among the most common. Again, if you need more information, we strongly recommend that you promptly discuss your case with an experienced Shreveport criminal appeals attorney.

What Are Your Next Steps?

Given everything we have discussed, if you need to challenge your conviction or sentence, what are your next steps?

To help maximize your chances of achieving a favorable outcome, you should discuss your case with an experienced attorney right away. Specifically, you should discuss your case with an attorney who handles appeals PCR applications, and habeas motions in the jurisdiction where your case was tried. Trials and post-trial proceedings are distinct, and the appeals and post-conviction processes in state and federal courts differ as well. As a result, it is critical to have an attorney with relevant experience on your side.

Schedule a Confidential Consultation with Shreveport Criminal Appeals Attorney Lee Harville

If you need more information about your appellate rights after a conviction in state or federal court in Louisiana, we encourage you to contact us. To schedule a confidential consultation with Shreveport criminal appeals attorney Lee Harville as soon as possible, call 318-222-1700 or tell us how we can contact you online now.