Every so often a criminal case doesn’t go as we hoped and our client ends up being found guilty. Although the verdict has been read, our job isn’t over. If we believe we have good grounds for appeal and our client is interested in appealing, we begin the appeals process. In today’s blog, we talk a little about the criminal appeals process in Minnesota.
Deadlines For Filing an Appeal in Minnesota
There are a number of different deadlines you must adhere to when filing an appeal, and they vary depending on the specific of your case. For example, in general you have:
- 90 days after sentencing to file an appeal for a felony or gross misdemeanor conviction.
- 30 days to appeal a misdemeanor or petty misdemeanor case.
- 60 days to appeal an order denying a postconviction petition.
Your attorney will confirm your specific deadlines, as they are something you need to pay attention to during the appeals process. In the event that you need an extension, you may motion the Court of Appeals for an additional 30 days time so long as you show “good cause.” However, no extension is available if you are filing a sentencing or probation revocation appeal.
Minnesota Appeals Forms
If you thought challenging your case in the court of law was complicated, the appeals process is only more of a headache. A criminal defense lawyer can help you with it all, but we’ll try to lay out the basics for you here. You’ll need to fill out a Notice of Appeal (Form 103A). This form asks for a lot of information about the specifics of your case and your decision to appeal. Next, you’ll need to fill out a Statement of the Case (Form 133). This forms dives into the specifics of your grounds for appeal, including the statutes through which you intend to file an appeal. Again, we can’t stress enough how helpful it is to have a lawyer during this part of the appeals process.
Fees
Filing a criminal appeal isn’t free. The court requires that you pay a $550 filing fee to the Clerk of the Appeallate Courts, although the fee can be waived if the court deems it too burdensome on the appealing party. However, if this fee is waived, you must apply to the public appeals lawyer who will determine your eligibility. No filing fees are required to file a postconviction appeal.
You must give all the necessary documents to the Office of the Appellate Courts by hand, or by mail, and fax is not allowed unless authorized by the Minnesota Supreme Court.
Documents must be filed with:
Clerk of the Appellate Courts
305 Minnesota Judicial Center
25 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155
(651) 296-2581
8 a.m. – 4:30 p.m., weekdays
You also need to file a copy of your notice of appeal with the district court administrator of the county in which you were convicted. Finally, you also need to give copies of documents to the respondent, also known as the other party in the appeal. You must serve the respondent a copy of all appeal documents and every motion, brief or document included in your appeal. Aside from providing them with these documents, you also need to prove that you provided the other side with these documents with a certificate of service or a notarized affidavit saying the other side has been served.
There’s a lot more that goes into an appeal, but those are just some of the basics. For more information on filing a criminal appeal, reach out to the experienced lawyers at Appelman Law Firm. This is the process for Minnesota citizens and, whilst it will be very similar in other States, it may not be exactly the same. To compare with other States, or if you live in Georgia, here is a criminal appeals attorney Georgia citizens often use.
