How Long Do I Have to Appeal a Criminal Conviction in Waldorf, MD?
The basic rule is you have 30 days to appeal a criminal conviction in Waldorf or any other location in Maryland. These are calendar days, so weekends count in calculating the day that the appeal must be filed. If the 30th day falls on a weekend (or a day when the courts are closed), then the appeal must be filed the next day that the courts are open. The best legal practice, however, is NOT to wait until the final day. If you need help with an appeal or in considering whether an appeal should be filed, call us here at the Law Office of Robert Castro at (301) 705-5137. We are experienced and proven Maryland criminal defense lawyers. We are available around the clock, 24/7. Here is some additional information about appealing a criminal conviction in Maryland.
What if I need more time to consider an appeal?
The deadline for appealing a Maryland criminal conviction starts running on the day that you are sentenced. However, there are some papers that can be filed with the Maryland criminal court that can gain more time for considering whether an appeal should be filed. These “papers” are called “Motions.” The most common Motion that is filed after a Maryland criminal conviction is called a “Motion For A New Trial.” This can be filed, for example, if there were legal errors made during the trial or for other reasons. The court will schedule a hearing on a Motion For A New Trial, and the process might take several weeks. If the court grants the motion, then a new trial will be scheduled. If the court denies the Motion, then the 30-day deadline for appealing begins to run on the date that the Motion is denied.
What is the process?
The process of appealing a Maryland criminal conviction involves filing a short document called a “Notice of Appeal” with the criminal court. This starts a process whereby your case is “moved” to a different court for further proceedings. For example, some criminal cases are heard in the Maryland District Courts. If your case was originally heard in the Maryland District Court, then the Notice of Appeal is filed with the District Court, and the case is then moved to the Maryland Circuit Court.
In the Circuit Courts, your criminal case will receive a new trial. You may obtain an acquittal, or a not-guilty verdict, and then, the case is over. If you are convicted again, then you can appeal to the Maryland Court of Special Appeals. As before, the Notice of Appeal is filed with the Circuit Court, and your case is “moved” to the Court of Special Appeals.
In the Court of Special Appeals, there will NOT be a new trial. Rather, a panel of three judges will review the transcripts of your trial and determine if there were errors or other matters that entitle you to a new trial. If you win the appeal, your case is “moved” back down to the Circuit Court for another trial. If you lose your appeal, you might be able to file an appeal to the highest court in Maryland, called the Maryland Court of Appeals.
Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 705-5137. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.
