Criminal Appeals

Time Limitations

The facts of every case are different, and whether the time limitations for filing an appeal or initiating a collateral proceeding has run or not depends on many different factors. The information on this page is very general. Anyone considering filing a criminal appeal or initiating a collateral proceeding should consult with a qualified and experienced attorney before making any final decision on how best to proceed.

Appeals in Florida State Cases

Generally speaking, under Florida law a defendant has 30-days to file a direct appeal of his or her criminal conviction and sentence. Fla. R. App. P. 9.140(b)(3).

Appeals in Federal Criminal Cases

When filing a direct appeal of a conviction and sentence in a federal criminal case, Federal Rule of Appellate Procedure 4(b) provides that you have 14 days from the entry of the judgment on the docket sheet (as opposed to the actual sentencing hearing) to file the notice of appeal. You do not count the day that the judgment was entered or placed on the docket and if the 14th day falls on a weekend or holiday, you must file your notice of appeal by the next business day.  However, Federal Rule of Appellate Procedure (4)(b)(4) allows an appellant to get additional time in certain cases and provides that:

Motion for Extension of Time. Upon a finding of excusable neglect or good cause, the district court may--before or after the time has expired, with or without motion and notice--extend the time to file a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed by [Federal] Rule [of Appellate Procedure] 4(b).

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