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
  • Baltimore, 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.

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