How long does a criminal appeal take?

When writing an appeal, the time it takes to reach a decision after filing the appeal is entirely dependent on the complexity of the case, the court’s backlog, and the availability of the court. Generally, appeals take anywhere from one to two years in California. The general process for a criminal appeal in California usually begins with a petitioner filing a Notice of Appeal with the court. This will either be filed in the trial court or with the appellate court. Once the appellate court receives the Notice of Appeal, the appellate court will set a date for the appellant’s opening brief to be filed. The respondent (usually the district attorney) is given an opportunity to respond to the opening brief, and then the appellant can file a reply brief if desired. At this point, the court will decide whether oral arguments need to be heard or if they are ready to make their decision. Oral arguments give each side the chance to explain their side of the case in greater depth and are typically only scheduled after the written briefs have been submitted. If an oral argument is scheduled, the court will issue a decision within a few weeks after the argument. In certain circumstances the appellate court may issue a decision without an oral argument and those cases can take a few months to reach a decision. In all, an appeal can take anywhere from one to two years or even longer, depending on the circumstances and the court.

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