Maybe. In Maryland, if you are convicted of a crime, you have a right to appeal your conviction. To begin the appeal process, a defendant must file something called a Notice of Appeal WITHIN 30 DAYS of the court’s “final order.” The Maryland criminal court’s final order is often the court’s sentencing order. But, during the following 30 days, post-sentencing motions can be filed, such as a Motion to Dismiss, a Motion to Reconsider, etc. Such motions will delay the 30-day deadline. Once those or any other post-conviction or post-sentencing motion is denied, then the denial of that — or those — motions becomes the “final order.” The 30-day deadline begins to run from that date. Note that if the 30th day falls on a court holiday or a weekend — when the courts are closed — then the Notice of Appeal must be filed on the next day that the courts are open.

What happens if I miss the deadline?

Almost always, if a convicted defendant misses the deadline, then there can be no appeal.

As an aside, this is an important reason that those charged with crimes should hire experienced Maryland criminal defense attorneys like those here at the Law Office of Robert Castro. Call us at (301) 870-1200. Aside from helping you defend against the charges, top-rated criminal defense attorneys know the law and know the deadlines. If you have been charged with a crime in Charles County, Maryland, you will want legal assistance. We are available around the clock, 24/7.

Can I still appeal if the deadline is missed?

As noted above, it may be possible to still appeal a conviction is the deadline is missed. Whether it is possible will depend on the facts including when the Notice of Appeal was filed. If the deadline was missed by a day or two, that might convince the court to allow the appeal. That might also convince the prosecuting attorneys to waive the missed deadline (which can be very important in a court’s decision with respect to a missed deadline).

That is what happened in a recently reported non-precedent case called Johnson v. State (Md. Appellate Court 2024). In footnotes, the court noted that the convicted defendant — Johnson — filed his Notice of Appeal on the 31st day after the trial court’s final order. As such, Johnson’s earlier appeal was denied and dismissed as being untimely. However, seven years later, Johnson filed a request for post-conviction relief, arguing that his original trial counsel was ineffective for failing to calendar and file a timely appeal. His petition was granted.

Arguing “ineffectiveness of counsel” is one method of seeking to have a conviction overturned. As defined here, ineffective assistance of counsel “… refers to a situation in which a criminal defendant’s legal representation fails to meet the minimum standards of competence and diligence expected from attorneys.” Two things must generally be shown: the lawyer’s conduct was objectively erroneous within what is reasonable to expect of lawyers’ professional conduct, and the outcome of the criminal case would have been different if the lawyer had not made the mistakes or errors.

Johnson was able to meet this standard. The attorneys for the State of Maryland apparently agreed. As such, the Maryland Court of Appeals entered a consent order permitting Johnson to file a belated appeal. In summary, even if deadlines are missed, there are some possible methods of correcting the mistake.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.