Are there time limits for filing a criminal appeal?
In California, there are very specific time limits for filing a criminal appeal. According to the California Rules of Court, an appeal must be filed within 30 days of the date of judgment or order appealed from, as set forth in California Rules of Court 8.360(a). The appeal must be filed with the California Court of Appeal, and the person filing the appeal is known as the appellant. In some cases, an extension of time may be granted to file the appeal if the appellant can show that the delay was due to excusable neglect. Excusable neglect includes circumstances such as a death in the family or the illness of the appellant or his or her attorney. An extension of time may also be granted when the appellant can show that the delay was due to circumstances beyond their control. In addition, if the appellant was in prison, or if the appellant was a minor when the judgment was entered, the California Court of Appeal may extend the time for filing the appeal. The Court may also extend the time for good cause shown, such as if the appellant did not receive notice of the judgment at the time it was entered. All appeals must be filed within the time frame specified by the California Rules of Court or any extension granted by the Court. Failing to file an appeal within the prescribed time limits can make the appeal invalid and result in the original judgment being upheld.
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