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  • Matthew W. Peterson

When Do I Need to File a Notice of Appeal in Alabama?

Updated: Mar 13



You have 42 days from sentencing to file a notice of appeal of your criminal conviction. It's critical that you file a notice of appeal as soon as possible if you wish to appeal your case. Otherwise, your conviction will stand, and your case will be over.

This can be extended if you file any post-judgment motions, such as a motion for new trial. That would "toll" the time for appeal while the motion is pending. If the motion is pending more than 60 days, though, it's automatically denied on the 60th day. You then have 42 days from that date to file a notice of appeal to the Alabama Court of Criminal Appeals.

Even if you or your criminal defense attorney filed a post-trial motion, though, it's best to go ahead and file a notice of appeal as soon as possible to avoid risking your appeal being waived.

If you want a criminal appeals attorney who will fight for you and look for every possible way to win your appeal, call me today at 617-356-8217. While my office is located in Boston, I also handle Alabama criminal appeals. Let's get started on your defense today.

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