What Happens If Your Attorney Misses a Deadline? A Defendant's Guide

You just found out your attorney missed a deadline.

Maybe it was a motion deadline. Maybe a court filing. Maybe something critical you didn't even know about until your attorney's office called to say "oops."

Your heart drops. Your stomach flips. And you start asking: What happens now?

Here's the honest answer.

Deadlines Matter — A Lot

In criminal cases, deadlines are not suggestions. They're hard lines. Miss a filing deadline and you might lose the right to file that motion forever. Miss a notice requirement and your appeal could be dead on arrival.

Common deadlines include:

• Suppression motions: Often 30-45 days after arraignment
• Discovery demands: Early, to force the prosecution to turn over evidence
• Plea deadlines: The date by which you must accept or reject a plea offer
• Appellate notices: 30 days from sentencing (this one is absolute)
• DMV hearings: 7-15 days in most states (license suspension)

The exact deadlines depend on your jurisdiction and charges. But one thing is universal: when the deadline passes, the window closes.

What Your Attorney Should Have Done

A competent criminal defense attorney:

• Calendars every deadline immediately upon taking your case
• Tracks deadlines in a reliable system (not just their head)
• Files motions well before the deadline, not the day of
• Communicates with you about upcoming deadlines
• Has backup plans if something goes wrong

If your attorney missed a deadline, one or more of these things failed.

What You Can Do Right Now

Step 1: Document Everything

Write down what you know:

• What deadline was missed?
• When did you first learn it was missed?
• What communication have you had with your attorney's office?
• What was the consequence of the missed deadline?

Create a paper trail. Send an email to your attorney's office: "I'm writing to confirm that [specific deadline] was missed on [date]. Please advise on the consequences and what can be done."

Step 2: Understand the Consequences

Different deadlines have different consequences:

Severe (possibly fatal to your case):

• Missed appellate notice (30 days from sentencing) — you generally cannot appeal
• Missed statutory speedy trial deadline — depending on jurisdiction, this could result in dismissal
• Missed deadline to file a specific mandatory motion

Serious (significant damage):

• Missed suppression motion deadline — evidence that could have been suppressed becomes admissible
• Missed discovery deadline — you may lose access to evidence

Moderate (bad but recoverable):

• Missed a filing deadline with a grace period
• Missed a non-critical motion deadline

Step 3: Ask Direct Questions

Your attorney's response will tell you a lot:

Good responses:

• "I acknowledge the mistake. Here's what we can still do. Here's how I'm fixing my system."
• "This deadline actually has a remedy available. Here's the motion we'll file."
• "I've consulted with [expert/senior attorney] about mitigating the damage."

Bad responses:

• "Don't worry about it."
• "It probably won't matter anyway."
• Deflection, minimization, or silence.

Step 4: Consider Your Options

Depending on the severity of the missed deadline, you may have options:

Motion to file late: Some deadlines have a "late filing" provision if you have good cause. Your attorney should know if this applies.

File a complaint: If the missed deadline caused actual harm, you may have a malpractice claim. Document everything.

Change attorneys: If this is part of a pattern of neglect, this may be the final straw. The risk of staying with an attorney who can't manage deadlines may outweigh the cost of switching.

Can You Sue Your Attorney?

Yes, in theory. Legal malpractice requires:

1. Duty: Your attorney owed you a duty of care (they did, you hired them)
2. Breach: They failed to meet the standard of care (missing deadlines is often a breach)
3. Causation: The breach caused actual harm (you lost a motion, an appeal, a defense)
4. Damages: You suffered quantifiable harm

Proving malpractice is hard. You need another attorney to testify that your original attorney fell below the standard. And even if you win, malpractice insurance may cap what you recover.

Before suing, try:

• A direct conversation with your attorney about fixing the problem
• A complaint to the state bar (they can discipline attorneys, though they won't get your money back)
• Mediation or fee arbitration if the issue is about money paid

The Bigger Question

One missed deadline might be an honest mistake. A pattern of missed deadlines is negligence.

Ask yourself:

• How many times has something like this happened?
• Does my attorney seem organized and on top of things?
• Do I have confidence in their ability to handle my case?

If you're answering "I don't know," "multiple times," or "no" — you have a decision to make.

What We Do

If you're not sure whether your attorney is managing your case properly, we can help.

We review what's been filed, what deadlines exist, and what should have happened by now. We give you the questions to ask and the documentation to create.

We're not attorneys. We don't give legal advice. But we can help you figure out whether your attorney is performing — and what to do if they're not.

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This is legal information, not legal advice. We are not attorneys and do not provide legal representation. If your attorney missed a deadline, consult with a new attorney immediately about your options.