Is There a Deadline to File a Criminal Appeal in Georgia?

A criminal conviction in Georgia triggers a clock that moves fast and does not stop. Many defendants assume they have time to think, recover from trial, or wait until sentencing consequences settle in before deciding on an appeal. Georgia law does not allow that luxury.

Appellate rights are controlled by strict deadlines, and missing those deadlines can permanently end any chance of appellate review.

The most important deadline in a Georgia criminal appeal is the 30-day rule. That rule governs motions for new trial, notices of appeal, and the preservation of appellate issues. Understanding how that deadline works and why immediate action matters is essential for anyone considering an appeal.

The 30-Day Deadline That Controls Georgia Criminal Appeals

Georgia criminal appeals are governed primarily by statute and court rules. In most cases, a defendant has 30 days from the entry of the judgment and sentence to take the first required appellate step.

That step is usually one of the following:

• Filing a motion for new trial
• Filing a notice of appeal

Which filing applies depends on the posture of the case, the issues involved, and the strategy required to preserve those issues. What does not change is the deadline. The 30-day clock starts running as soon as the judgment is entered by the trial court.

Once that deadline expires, appellate courts generally lack jurisdiction to hear the case. At that point, the conviction becomes final for direct appeal purposes.

Why Most Georgia Appeals Start With a Motion for New Trial

In Georgia felony cases, a motion for new trial is often a required step before a direct appeal can move forward effectively. This motion must be filed within 30 days of the judgment and sentence.

The motion for new trial serves several critical functions:

• It preserves issues for appeal
• It allows the trial court to correct errors
• It creates the factual record needed for appellate review

Certain claims, including ineffective assistance of trial counsel, typically must be raised in a motion for new trial or they may be waived forever. Appellate courts review records, not theories. If the issue is not properly raised and developed at the trial court level, the appellate court may refuse to consider it.

Failing to file a timely motion for new trial can severely limit the scope of any later appeal, even if a notice of appeal is filed.

The Notice of Appeal Deadline in Georgia Criminal Cases

A notice of appeal is the document that formally tells the court system that appellate review is being sought. In Georgia criminal cases, a notice of appeal generally must be filed within 30 days of the final judgment or within 30 days of the denial of a motion for new trial, if one was filed.

The notice of appeal deadline is jurisdictional. Appellate courts do not have discretion to excuse late filings. Even a short delay can result in automatic dismissal.

The notice of appeal does not argue the case. It simply preserves the right to appellate review. Missing that filing ends the appeal before it begins.

When the 30-Day Clock Starts Running

Understanding when the clock starts is just as important as knowing how long it lasts.

In most cases, the clock begins running on the date the trial court enters the written judgment and sentence. That date may not be the same day as the verdict. It may not be the same day as sentencing occurs in open court. It is the date the judgment is formally entered on the court’s docket.

Relying on assumptions about timing is dangerous. Appellate deadlines are calculated based on procedural rules, not common-sense expectations.

Appeals Are Not Retrials, and Deadlines Reflect That Reality

Many people misunderstand what an appeal is supposed to do. An appeal is not a second trial. It does not involve new witnesses, new evidence, or re-arguing factual disputes for a different jury.

An appeal focuses on legal error. That focus explains why deadlines are tight. Appellate courts expect precision, preserved objections, and a clean procedural record. Georgia appellate rules are designed to bring finality to criminal cases while still allowing review of genuine legal mistakes.

Waiting too long often means waiting too late.

What Happens If the Deadline Is Missed

Missing the 30-day deadline can have permanent consequences.

If no timely motion for new trial or notice of appeal is filed, the conviction becomes final for direct appeal purposes. At that point:

• The right to a direct appeal is lost
• Most trial errors can no longer be reviewed
• Appellate courts lack authority to intervene

Some defendants later seek relief through habeas corpus or extraordinary motions, but those remedies are limited and subject to much higher legal barriers. Direct appeal is the primary opportunity to challenge trial court error, and Georgia law treats that opportunity as time-sensitive.

Why Immediate Coordination With Legal Counsel Matters

Decisions about appeals should begin immediately after conviction. That timing is not about panic. That timing is about preservation.

Trial counsel may or may not continue into the appellate phase. Appellate counsel often needs time to:

• Obtain and review trial transcripts
• Analyze preserved objections
• Identify viable appellate issues
• Decide whether a motion for new trial is necessary
• Draft filings that comply with appellate rules

Waiting until the end of the 30-day window compresses that work into an unrealistic timeframe and increases the risk of procedural error. Early involvement allows strategy to drive decisions rather than deadlines.

Appeals Involving Guilty Pleas and Sentencing Issues

The 30-day rule still applies even when a conviction results from a guilty plea. While guilty pleas limit the scope of appellate review, certain issues remain appealable, including:

• Sentencing errors
• Jurisdictional defects
• Challenges to the voluntariness of the plea in limited circumstances

The deadline does not expand simply because the issues are narrower. Timing remains critical.

Appeals to the Georgia Court of Appeals and Supreme Court

Most criminal appeals in Georgia go to the Georgia Court of Appeals. Certain cases, including murder convictions, go directly to the Georgia Supreme Court.

The appellate destination does not change the filing deadlines. The notice of appeal still must be filed within the required timeframe to invoke appellate jurisdiction.

Post-Conviction Options Are Not Substitutes for a Timely Appeal

Some defendants assume that habeas corpus or post-conviction relief can fix missed appeal deadlines. That assumption is risky.

Post-conviction remedies exist to address constitutional violations, not to rescue procedural defaults. Courts often enforce waiver rules strictly. Direct appeal remains the cleanest and most powerful method for correcting trial court error.

Why Georgia Appellate Deadlines Demand Specialized Attention

Appellate law is procedural by design. Deadlines, formatting rules, preservation requirements, and jurisdictional limits decide cases before the merits are ever reached.

Georgia appellate courts enforce those rules rigorously. A strong legal argument means nothing if it is not properly preserved and timely presented.

That reality is why appellate planning should begin as soon as a conviction occurs.

Protecting Appellate Rights Starts Immediately

The truth about Georgia criminal appeals is simple. The deadline is short, the rules are strict, and the consequences of delay are severe.

Anyone considering an appeal should involve legal counsel immediately after conviction to evaluate options, preserve issues, and protect appellate rights before the clock runs out.

If appellate relief is going to happen, it starts with acting within the law’s deadlines.

Don’t leave your future to chance. Call Hogue Griffin: 478-750-8040

Contact Hogue Griffin today and put our deep knowledge of the appeals process to work for you. Your freedom and your future are worth defending.