Federal Criminal Case Timeline
The following timeline is a broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement negotiations and changes in law. This timeline, however, will hold true in the majority of federal felony cases in the Northern District of West Virginia.
Use the menu on the right to navigate the timeline, or view the entire timeline in PDF format.
Appeals & Writs of Certiorari
Appeals & Petitions for Writs of Certiorari
If the defendant did not waive the right to appeal in a plea agreement, the defense may appeal both the conviction and the sentence imposed. The public defender will continue to represent the defendant, for free, during the appeal. There is a very short period during which the defense must state its intention to appeal ("notice" of appeal), so the subject should be discussed immediately after sentencing. See Fed. R. App. Pro. 4(b).
If the defendant does not win the appeal in the United States Court of Appeals for the Fourth Circuit, he or she can file a petition for writ of certiorari with the Supreme Court of the United States. The public defender will continue to represent the defendant during the petition for certiorari and Supreme Court argument, if the writ is granted.