Asked in Appeals / Appellate Law and Criminal Law for Georgia

Q: Its been 32 days since my trial. Can i still file an appeal or motion for new trial? Is it 30 Business days or just 30

2 Lawyer Answers
Charles William Michaels
PREMIUM
Charles William Michaels
Answered
  • Appeals & Appellate Lawyer
  • Columbia, MD

A: First of all, I am not a GA attorney. That being said, if this was a criminal proceeding, you have 30 days from sentencing. Regardless, it's 30 calendar days not 30 business days for an appeal. You could still file a motion for new trial with trial court, however, that motion --generally--will not suspend the time for an appeal.

Morris  Margulis
Morris Margulis
Answered
  • Criminal Law Lawyer
  • Duluth, GA
  • Licensed in Georgia

A: Check the Georgia rules for "Computation Of Time" here - https://law.justia.com/codes/georgia/2020/title-1/chapter-3/section-1-3-1-d-1/

You are time-barred from filing a motion for new trial, but depending on the circumstances you may still be able to file a motion in arrest of judgment (still extremely time sensitive).

You may also be able to attempt habeas corpus relief.

Please contact me directly if you are serious about appealing, and we can discuss the details offline.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.