Time Limits for Filing a Criminal Appeal in California (2025)

Appealing a criminal trial verdict carries the potential for overturning a guilty conviction. While the appeals process is a powerful remedy for addressing an unfair trial, missing a filing deadline could leave you ineligible for relief from the higher courts. If you are preparing for trial or planning your appeal, it is critical that you understand the time limits for filing a criminal appeal in California.

Understanding Filing Deadlines

California’s criminal courts enforce strict deadlines for any appeals. The filing deadlines are intended to maintain efficiency within the appeal process by encouraging defendants not to delay their decision to pursue a review by a higher court.

These deadlines ensure that the administration of justice moves forward in a timely and predictable manner so the appeals courts do not become backlogged or overwhelmed with filings.

These time frames also give defense attorneys and prosecutors a clear timeline for preparing their arguments. With few exceptions, the higher court typically dismisses a late filing, regardless of the merits of the case.

Notice of Appeal Filing Deadlines

The first step is submitting a Notice of Appeal to the appropriate court. This is a simple legal document that notifies the court and the prosecution that the defendant intends to challenge the conviction.

The time limit to file a criminal appeal in California depends on whether the conviction is for a misdemeanor or a felony.

• Misdemeanor appeals: Defendants convicted of a misdemeanor have 30 days from the date of the verdict to file a Notice of Appeal with the court.
• Felony appeals: Defendants convicted of a felony have 60 days from the date of the verdict to file a Notice of Appeal in the appropriate appellate court.

These deadlines are strictly enforced. Once the Notice of Appeal is filed, the defense attorney can begin reviewing the trial record, identifying errors, and preparing the appellate brief.

Deadlines When Filing the Appellate Brief

Once the notice has been filed with the appropriate appeals court, the defendant has another deadline to meet in order to complete the appeal. The appellant’s opening brief must be filed within 40 days after the appellate court receives the trial record.

The appellate brief must include the following:

• Factual summary of the case, drawn only from the trial record, without new evidence
• Detailed analysis of the legal errors made during the trial, supported by case law and statutes
• Explanation of the legal standard the appellate court should use to evaluate the case
• List of relevant legal cases, statutes, and constitutional provisions cited in the brief
• Clear request for relief, such as overturning the conviction, modifying the sentence, or ordering a new trial.

The prosecution’s brief (respondent’s brief) is due 30 days after the appellant’s brief. The appellate courts can approve qualifying extensions upon request from either party.

Tips for Avoiding Missed Deadlines During an Appeal

Having legal representation can ease the burden of having to remember important filing deadlines and other complicated court procedures. The following strategies can also help you stay on top of important timelines and deadlines.

• File the Notice of Appeal immediately: Don’t wait until this important deadline approaches. File your notice as soon as possible to reduce the risk of last-minute delays.
• Create a timeline outline: Map out critical deadlines and details about what needs to be filed. Doing this on something as simple as a calendar can create a visual map that can help you avoid costly missed deadlines.
• Confirm court filings: After filing a document, you can contact the court to confirm they received it. Many courts have online accounts that you can use to track what has and hasn’t been received.

By staying proactive and tracking deadlines carefully, you can prevent procedural dismissals while keeping your appeal moving forward.

FAQs

How Much Time Do You Have to File a Criminal Appeal in California?

The deadline to file a criminal appeal in California depends on the type of conviction. For misdemeanor cases, a Notice of Appeal must be filed within 30 days of the conviction. For felony cases, the deadline is 60 days from the date of conviction. Missing this deadline can result in losing the right to appeal, so it is critical to act quickly.

Can You Appeal a Conviction After Several Years?

In most cases, a criminal appeal must be filed within the strict deadlines set by law. However, post-conviction relief options, such as a habeas corpus petition, may be available if new evidence emerges or a constitutional violation is discovered. These legal remedies allow defendants to challenge wrongful convictions even after the standard appeal period has passed.

What Is the 90-Day Rule in the California Court of Appeal?

The 90-day rule refers to the time frame in which the California Court of Appeal must issue a decision after the case is fully briefed and argued. While this rule sets a general expectation for timely rulings, appellate courts may take longer in complex cases. The court’s decision will determine whether the conviction is upheld, overturned, or sent back for further proceedings.

Is It Possible to Appeal Any Criminal Conviction in California?

Most criminal convictions in California can be appealed, but success depends on whether legal errors occurred during the trial. An appeal must be based on mistakes in the application of the law, procedural errors, or violations of constitutional rights. Simply disagreeing with the verdict is not enough to justify an appeal.

Schedule Your Criminal Conviction Appeal Consultation Today

A criminal conviction does not mean the end of your effort to clear your name. When the courts fail to provide you with a fair trial, you can appeal the case to a higher court. With legal representation from Quinn & Dworakowski, LLP, you can rest assured that your case is handled with diligence and care.

We understand the state’s filing deadlines and how to meet those requirements so you stand a strong chance of a favorable outcome to your appeal. Contact our office today to schedule your criminal case appeal consultation.