Time is definitely not on your side when filing a legal appeal. The filing deadlines for appeals are jurisdictional and set in stone. They cannot be extended by consent of the parties involved, nor can they be extended by the court. In California, if your appeals attorney misses an appeal deadline, you pay the consequences.
Despite efforts by the Judicial Council and appellate courts to clarify the rules of appeal, those rules, particularly with regard to timeliness, remain complex and confusing in application. Inconsistent language and application of similar rules of appeal only serve to muddy the waters further. If improperly titled, worded or stamped, an appeal document can fail to meet the rules for appeal and can be disregarded by the court even if filed on time.
If you are convicted of a crime and you believe a mistake was made during the trial, under California law you are entitled to appeal your conviction. However, that appeal must be filed within 60 days of conviction. If your attorney misses the deadline or fails to file correct and complete paperwork, you throw away your right to a second chance.
The California criminal appeal process is an extremely complicated process that demands the specialized knowledge and expertise of an experienced appellate attorney. An appeal involves extensive research and written and oral arguments that can take more than a year to complete. The appeal process is distinctly different from the trial court process and requires a unique set of legal skills and experience.
-LegalPro
