How long does an appeal in a federal criminal case take?

Q: How long does an appeal in a federal criminal case take?

A: If you are bringing an appeal in a criminal case in federal court, you’re likely very interested in knowing how long it will take. To put it simply, an appeal usually takes much longer than you would like or expect—about a year is a common benchmark. Sometimes it can be faster, and other times slower. Here’s the process:

Filing the Notice of Appeal

Right after sentencing, a notice of appeal is filed. This is the first step in the appeal process and sets everything in motion.

Preparing Transcripts

In most cases, everyone waits for the court reporter to prepare transcripts. Ordering transcripts immediately helps avoid delays. Having these ready can significantly speed up the process.

Briefing Schedule

Once transcripts are ready, the briefing schedule is set. The briefing process usually takes about three months, considering government extensions and other factors. This is a critical phase where both sides present their arguments in writing.

Oral Arguments

After the briefing, the court has the case. If they decide to order oral arguments, they typically do so about three to four months later. This is an opportunity for lawyers to present their case in person and answer the judges’ questions.