I filed an appeal on a criminal case, but the state hasn’t filed a response. Does this mean they’re not challenging it? Does that mean my appeal will automatically be granted? Just wondering what my next steps are if they stay silent.
Hey, I had a similar situation. Just because the state doesn’t respond doesn’t mean it’s an automatic win for you. The court will still review everything and make their decision based on the law.
Clay said:
Hey, I had a similar situation. Just because the state doesn’t respond doesn’t mean it’s an automatic win for you. The court will still review everything and make their decision based on the law.
Oh, okay. So, it’s more like they’re leaving it up to the court?
@Vesper
Exactly. The court just won’t have the state’s input, so it’s entirely up to them to decide.
I’ve heard it might increase your chances slightly, but nothing’s guaranteed. Courts still follow the rules, even if the state doesn’t chime in.
Eli said:
I’ve heard it might increase your chances slightly, but nothing’s guaranteed. Courts still follow the rules, even if the state doesn’t chime in.
True, it’s more like the state just won’t be influencing the court’s decision, so you still have to wait it out.
How long does it usually take for the court to make a decision on an appeal? Just curious if there’s a standard timeframe.
Luca said:
How long does it usually take for the court to make a decision on an appeal? Just curious if there’s a standard timeframe.
Good question! From what I’ve seen, it might be anywhere from a few months to around six months, depending on their workload.
@Vesper
Wow, that’s a while. Any way to speed it up?
Luca said:
@Vesper
Wow, that’s a while. Any way to speed it up?
Sadly, no. You just have to wait for the judges to get to it.
If the state doesn’t respond, is there any way to find out what their stance was supposed to be?
Josie said:
If the state doesn’t respond, is there any way to find out what their stance was supposed to be?
Not really. If they don’t file, they’re pretty much leaving it all up to the court. They won’t have any influence on the decision.
I’ve also filed an appeal before, and yeah, it’s a slow process. Just gotta wait it out. But no response from the state might actually play in your favour.
Oli said:
I’ve also filed an appeal before, and yeah, it’s a slow process. Just gotta wait it out. But no response from the state might actually play in your favour.
Fingers crossed it helps! Just feels like a waiting game at this point.
@Vesper
For sure! Stay patient—it’ll be worth it in the end. 