Get a Free Case Review

(215) 302-0171
Close

Category: Uncategorized

A “guilty” verdict in a criminal trial can be a devastating experience. Many defendants may fear that their lives are going to be changed forever and certain opportunities, relationships, and other things are going to be taken away. This reality can feel even more certain as the defendant is being sentenced. However, getting convicted of a crime is not always the end of the road. Defendants often have the option to file an appeal, especially if they suspect that a mistake was made that led to their being convicted.

You can appeal a criminal conviction in Pennsylvania when you believe a reversible legal error led to the conviction. One of the things you must do is establish the grounds on which you are appealing. There are many different grounds for appealing a criminal conviction, and the reason that you appeal your case will depend on the unique facts and circumstances of your situation.

For a confidential, free review and discussion of your situation, call (215) 302-0171 and speak with the Philadelphia criminal appeals attorneys from The Law Offices of Lloyd Long.

When Does it Make Sense to Appeal a Criminal Conviction in Pennsylvania?

While every defendant has the right to appeal their claim, it is not always practical to do so. This is because an appeal does not change factual findings. Appeals only contest the legal portions of a case.

In addition to the error you are appealing being a legal, rather than factual error, that error being fixed also needs to have an impact on the ultimate outcome of your case. If fixing the error does not change anything, it is a “harmless” error, and an appeal probably will not be successful. The error being fixed needs to alter the case’s outcome in order for an appeal to be worth it.

Grounds for Appealing a Criminal Case in Pennsylvania

An important part of a criminal appeal is having grounds for appeal. “Grounds” are essentially the basis on which you are raising your appeal. There are different grounds on which you can raise an appeal with our Pennsylvania criminal appeals attorneys. We will discuss some of the grounds that may be relevant to your claims in this section below.

Brady Violations

A Brady violation is when the prosecution withholds evidence that would show that the defendant is innocent. Brady violations derive their name from the U.S. Supreme Court case Brady v. Maryland, which determined that withholding exculpatory evidence violates a defendant’s due process. If you suspect that prosecutors withheld evidence that tends to show you are innocent just to get another conviction under their belt, you absolutely should appeal your case to a higher court.

Failure to Suppress or Bar Evidence

Some evidence is not allowed in court cases because it is not relevant, is unfairly prejudicial to one side of the case, or it was seized illegally. Judges and prosecutors are supposed to not allow this evidence to be seen by the jury. If they do, you can raise that issue on appeal.

Failure to Prove a Crime

If your conduct does not meet the definition of the crime you are being charged with and you are convicted anyway, that is an issue you can raise on appeal.

Incorrect Jury Instructions

During your trial, the judge tells the jury the relevant parts of the law they need to know to effectively do their job. Jury instructions can often make or break a case and are fought over by prosecutors and defense attorneys frequently. If improper jury instructions are given in your case, you can raise that issue on appeal.

Prosecutorial Misconduct

Besides withholding key pieces of evidence, there are other ways that prosecutors can run afoul of the legal system. If the prosecutor says things they are not supposed to the jury, ignores the directions of the judge, or otherwise acts in an improper way, you can appeal the outcome of their case on those grounds.

Ineffective Assistance of Counsel

Another reason that you can appeal your conviction is because of ineffective assistance of counsel. The legal system heavily relies on legal professionals to do a great deal of work. The outcome of a client’s situation can change significantly depending on whether they have an effective lawyer or not. If a lawyer represents their client poorly, it can lead to a bad outcome, and that client has the right to appeal on the grounds that their lawyer did not live up to the professional standard expected of them.

Excessive Sentencing

Sometimes, a judge may give a sentence that is beyond what is reasonable for the defendant’s conduct. If a court issues a sentence that is well above what would be expected from sentencing guidelines, you can file an appeal to try and mitigate that excessive sentence.

What Happens When You Appeal a Criminal Conviction in Pennsylvania

An entire legal process is set in motion when you file an appeal. First, an appeals judge agrees to hear the case, and a record is made of everything that happened at the trial. Second, both the prosecutor and our attorneys will file briefs – formal written arguments – to the judge supporting why the judge should reverse or uphold the lower court’s ruling. Third, the judge may hear oral arguments from the attorneys if they deem it necessary. Finally, the judge will put out an opinion detailing their decision and the legal support for it. A number of outcomes could happen depending on how the judge rules. The outcome of your case could stay the same or be reversed, and the appeals judge could order a new trial at the lower court, which our attorneys would be happy to assist you with.

How Long Do I Have to File My Appeal in Pennsylvania?

There is a very short timeframe available for you have to file your criminal appeal. Upon conviction, you have only ten days to file a notice of appeal with the court. Once that motion is filed, you have a further 30 days to file your motion to appeal. A late filing will make it impossible for you to appeal your claim. Because the timetable is so short, you should contact our lawyers right away so that you do not miss your opportunity to appeal.

Discuss Your Case with Our Team of Pennsylvania Criminal Appeals Attorneys Today

The Law Offices of Lloyd Long can be reached at (215) 302-0171 to have our Northeast Philadelphia criminal appeals attorneys look at your claim.

A guilty verdict might feel like the final word in a criminal case, but there are still ways to fight your case, even after a conviction. Criminal defendants have a right to appeal their cases, and an experienced attorney can help.

You typically have only 30 days to submit your notice of appeal after being convicted. If you filed a post-conviction motion with the court, you have 30 days from when the judge files their 1925(b) opinion, as explained in more detail below. Depending on what the court requests of you, you might also need to file a Statement of Errors Complained of on Appeal with the trial court within 21 days of your initial notice of appeal. The appellate court may request you to submit a brief about what errors you believe occurred during your trial and what relief is necessary. If you have exhausted your direct appeals or never filed one, you might have other options. You typically have 1 year to file a petition under Pennsylvania’s Post-Conviction Relief Act.

For a free case review from our Philadelphia criminal defense lawyers, call The Law Offices of Lloyd Long at (215) 302-0171.

When You Should File a Direct Appeal After a Criminal Conviction in Philadelphia

The time you have to file a direct appeal after a criminal conviction is very short, and it is best to get to work immediately. According to 210 Pa. Code ֻ§ 903(a), a convicted criminal defendant has 30 days to submit a notice of appeal to the trial court. Exactly when this deadline begins counting down might vary depending on certain factors.

After a conviction, defendants have 10 days to submit a post-sentence motion to the court, essentially asking the judge to reconsider. The judge may then submit an opinion answering the motion and either granting or denying relief, according to 210 Pa. Code § 1925(b). In fact, the response from the judge is commonly referred to as a 1925(b) opinion. The judge must submit their opinion no later than 120 days after you file your motion.

If you filed a post-sentence motion, you have 30 days from when you receive the 1925(b) opinion from the court denying your motion. If you did not file a post-conviction motion, you have 30 days from when you were sentenced.

Fling the Appellate Brief and Other Forms for a Direct Appeal in Philadelphia Criminal Cases

After filing your notice of the appeal with the trial court, there may be various other forms and documents to file, depending on the circumstances. First, the trial court may request that you submit a Statement of Errors Complained of on Appeal. Normally, a defendant must submit this 21 days after notice of appeal, although the court may be flexible on the exact deadline. This is submitted to the trial court whose order you are appealing, not the appellate court that will hear the appeal. We might lose precious time if you submit forms and documents to the wrong court.

The trial court may then write an opinion explaining why the issues contained within your Statement of Errors do not warrant relief. This opinion is then sent to the Pennsylvania Superior Court, which will hear your appeal. At that point, our Philadelphia criminal appeals lawyers must prepare and submit an appellate brief. This brief should explain what errors we believe occurred and what kind of relief we want for your case.

Depending on the nature of your appeal, you may choose to orally argue your appeal before the appellate court. Discuss this option with your lawyer. While some appeals might warrant oral arguments, others do not. Appellate courts frequently decide appeals based on briefs, documentation, and the trial court record without formal arguments.

How Long You Have to File a Criminal Appeal Under the Post-Conviction Relief Act in Philadelphia

For some, direct appeals do not turn out in their favor. If you have exhausted all your direct appeal options, there might still be hope for relief. We can help you submit a petition under Pennsylvania’s Post-Conviction Relief Act (PCRA). This is considered a collateral appeal, not a direct appeal. As such, the grounds for an appeal under the PCRA are different than most direct appeals.

A direct appeal challenges the merits of the judgment against you at the trial court level. A collateral appeal challenges the procedures that led to your final judgment.

According to 42 Pa.C.S. § 9545(b)(1), a petitioner must file their petition no later than 1 year after the defendant’s judgment becomes final. Exactly when a judgment becomes final depends on many different factors.

The judgment might become final on the day you are sentenced if you took no direct appeal. If you took previous appeals, including a direct appeal, and those appeals were denied, your deadline to file under the PCRA begins on the date your final appeal was denied. This could be quite some time after your sentencing, as direct appeals often take time to complete.

How to Get Started on Your Criminal Appeal in Philadelphia

To get started on your criminal appeal, you should contact an attorney immediately. If you have already been sentenced, the clock has already started ticking, and time might be growing short. Your attorney can help you submit the proper files, documents, and paperwork to start the appeals process quickly and efficiently.

You should also have your lawyer prepare and review everything to avoid making mistakes, which might cost you precious time when time is already so limited. Remember, if the court rejects your appeal because you submitted the wrong information or sent it to the wrong court, we must start over, and valuable time may be lost.

Speak to Our Philadelphia Criminal Appeals Attorneys for Help Today

For a free case review from our Pennsylvania criminal appeals lawyers, call The Law Offices of Lloyd Long at (215) 302-0171.

A conviction in criminal court does not mean your fight for justice is over. Courts are not perfect, and judges make mistakes. We can help you file an appeal to correct mistakes and possibly get a second chance.

After a conviction, the appeals process begins quickly. Defendants have 30 days from sentencing to file an appeal. When we file the appeal, your case may be reviewed by a higher appellate court. Remember, this is not a new trial where we argue over evidence or guilt. An appellate hearing involves a thorough review of your trial record to check for legal errors. If the court finds errors that unjustly affect the outcome, steps may be taken to fix the mistakes. In some cases, defendants get a new trial and a second chance to defend themselves. All kinds of legal errors may be grounds for an appeal. An attorney can go over your case with you to determine what grounds for appeal you might have.

If you or someone you love has been convicted of a crime, call our Philadelphia criminal defense lawyers at The Law Offices of Lloyd Long at (215) 302-0171 for a free case review.

How to Begin a Criminal Appeal in Philadelphia

Starting a criminal appeal usually happens fast. According to 210 Pa. Code Rule § 903(a), an appeal must be filed within 30 days of the entry of the order from which we are appealing. This is usually the date that a convicted defendant is sentenced. While many attorneys begin working on the appeal almost immediately after a conviction, some do not. If your attorney never mentioned filing an appeal, or you want a new lawyer to help you, you need to move quickly, as the clock is ticking.

While we must submit a notice of the appeal within 30 days, the actual substance of our appellate case does not have to be submitted right away. After our Philadelphia criminal appeals attorneys submit a notice of the appeal, we must begin working on our appellate brief. The brief should include a Statement of Errors Complained of on Appeal. This is essentially an explanation of what mistakes we believe were made and how we want the problems resolved.

It is important that we explain the legal errors made during your trial in thorough and complete detail. The record of your trial will also be sent to the appellate court for review. Since the court will only look for errors that we bring up in our State of Errors, it is crucial that we include any and all errors we believe had a negative impact on you and your trial.

Your Deadline to File an Appeal After a Criminal Conviction in Philadelphia

While all criminal defendants usually have a right to file a direct appeal after a criminal conviction, the rules surrounding the appeals process are very strict. First, you must file your appeal no later than 30 days after you are sentenced, according to 210 Pa. Code Rule § 903(a).

Exactly when this 30-day period begins counting down depends on whether you file a post-sentence motion after you are sentenced. Defendants typically have 10 days to file a post-sentence motion. This motion essentially asks the judge who sentences you to reexamine certain elements of your case and reconsider the sentence. If you file a post-sentence motion, your 30-day deadline begins the day your motion is denied by the judge. If you choose not to file a post-sentence motion, your 30-day deadline begins on the day of your sentencing.

If you miss the deadline, the appellate court might deny your appeal, and you might not get a chance to have your appellate claims heard. If you believe your appeal was late due to circumstances beyond your control, talk to an attorney. There might be other appellate options, or the court might be willing to hear your appeal even though it is late.

What Happens at a Criminal Appeal Hearing in Philadelphia?

The criminal appeal hearing is different than a trial. At a typical trial, attorneys introduce evidence and make arguments regarding the defendant’s alleged guilt. At an appellate hearing, matters of evidence and guilt are not what is important. Instead, the appellate court examined records of your trial for signs of reversible error.

People sometimes mistakenly think that an appellate hearing is another chance to show the court evidence of their innocence. They might be disappointed when they learn that most appellate hearings involve no new evidence. However, if the point of your appeal is that new evidence would have changed the outcome of the trial, this might be a somewhat different story.

Instead, the court will review the lower court’s trial records for reversible legal errors. Legal errors are mistakes made by the court that somehow negatively impact your outcome. Most appellate claims must be preserved during the trial to be appealed later. An issue may be preserved when we raise an objection. This is why objections in the courtroom are very important and happen often.

The key here is that errors found by the court must be reversible for the court to grant relief. If the error was insignificant or the verdict could stand in spite of the error, the appellate court might not reverse the lower court’s ruling. What constitutes a reversible error may be very subjective in some ways but guided by rigid rules and procedures in other ways. An attorney can help you effectively argue to the court why the errors made during your trial are reversible and that you should be granted a new trial.

Contact Our Philadelphia Criminal Appeals Lawyers

If you or someone you love has been convicted of a crime, call our Pennsylvania criminal appeals lawyers at The Law Offices of Lloyd Long at (215) 302-0171 for a free case review.

For many, the trial is the end of the legal process. A verdict is rendered, and both parties move on with their lives. However, sometimes, it is the case that the defendant is dissatisfied with the ruling or thinks that something went awry in the legal process. In those cases, parties can appeal their case to a higher court, alleging that the outcome would – and should – have been different if a particular mistake was not made.

In Pennsylvania, there is a specific process for appealing a case to a state court. First, you have to identify whether there is an issue that can be raised on appeal, such as letting in evidence that should not have been admissible in court. Then, you must submit your appeal in a timely manner to the appropriate appeals court, which then decides whether you get a new trial or not based on any legal errors that may be present.

For a free analysis of your case, call our Pennsylvania criminal appeals attorneys from The Law Offices of Lloyd Long at (215) 302-0171.

When Are You Allowed to File an Appeal in a Pennsylvania State Court?

Every defendant has the right to appeal their case, but you need a valid reason to do so. Cases can only be appealed when there is legal error present, and that error is able to be remedied on appeal.

Legal error, however, can be appealed. A legal error is different than a factual error. Pennsylvania courts are very wary of appealing factual findings, so it is very unlikely that you could successfully appeal a case because of something the jury determined. The term “legal error” refers to a mistake the judge or a lawyer made instead of a conclusion the jury came to. Some examples of legal errors are a judge getting a law wrong or allowing evidence into a case that should have been suppressed or barred under the rules of evidence.

Additionally, the error in question needs to be “reversible.” An error is “reversible” when the outcome of the case likely changes based on that error. If the outcome would not change if the error is fixed, the error is said to be “harmless” and cannot be raised on appeal.

What Court Do I Appeal to in the State of Pennsylvania

Pennsylvania has three courts to which you can appeal a case. They are the Superior Court, the Commonwealth Court, and the Supreme Court. All trials are initially heard at the Pennsylvania Court of Common Pleas. From there, the type of case being appealed determines what court it goes to.

Most civil cases will be appealed to the Superior Court, while cases where the Commonwealth of Pennsylvania is one of the parties get sent to the Commonwealth Court. This includes all criminal matters.

Cases appealed to both the Superior Court and the Commonwealth Court can be appealed again to the Pennsylvania Supreme Court – which may choose to deny the appeal. It should be mentioned, though, that appealing your case this far is not common, and electing to appeal a case to the Pennsylvania Supreme Court is not a decision to be made lightly.

How to File an Appeal in a Pennsylvania State Court

The appeals process in Pennsylvania is complicated and sometimes lengthy. In fact, many attorneys will specialize in appeals because they are so different from trial. Our Montgomery County criminal appeals attorneys have detailed the Pennsylvania state court appeals process so that you know what to expect.

Notice of Appeal

The very first thing that needs to be done in a Pennsylvania state court appeal is to file a notice of appeal. A notice of appeal is a formal indication that you want to appeal a ruling. The notice of appeal needs to be filed within 30 days of your final disposition, so you need to determine very quickly if you wish to go forward with your claim.

Record On Appeal

After you give your notice of appeal, the court starts putting together a “record on appeal.” A record on appeal is the formal documentation of all the things that happened during the trial and before. The judge will rely on this heavily when working through your appeals claim.

Briefs

Another important part of the appeal process is the appellate brief. These are legal documents that each lawyer prepares in order to argue to the appeals court why their side is correct. These documents are sent to the appeals judge, who will carefully consider their contents.

Briefs are extremely important to the success of appeals since oral argument is not always guaranteed. Indeed, a brief may be the only thing a judge sees about a particular issue on appeal.

Oral Argument

A portion of appeals will also have oral arguments by attorneys. No jury is present during these oral arguments. The process of arguing on appeal is different from trial arguments, so being effective in appeals arguments requires different skills than arguing at trial. Our lawyers can represent plaintiffs in both trials and appeals, so we can help you through the appeal process as well as a potential retrial.

Appeal Decision

After the appeals judge considers all arguments, they give their decision regarding the appeal. Judges can do a few different things at this point.

First, a judge may affirm the lower court’s decision. When this happens, no reversible error was found, and the trial verdict will remain. Alternatively, the judge is able to reverse the lower court’s decision to varying degrees. More often than simply reversing a case, though, a judge will likely “remand” it. A remanded case is returned to the lower court for what can amount to a “do-over.” Often, remands will have specific instructions sent with them in order to guard against whatever issue causes the case to be appealed the first time around.

Talk to Our Pennsylvania Criminal Appeals Attorneys About Your Case Today

The Law Offices of Lloyd Long’s Bucks County criminal appeals attorneys are ready to discuss your case when you call our offices at (215) 302-0171.

If you are convicted at trial during a criminal case, it can be devastating. You doubtless hired seemingly competent legal counsel who worked hard for you, but at the end of the day, the jury still ruled in the way the prosecutor wanted. Depending on what you are convicted of, you may be facing serious life repercussions. However, not all is lost if you are found guilty in a trial court. You can still appeal your case and try to fix something you think went wrong.

When you appeal a case, you need “grounds” to do so. That means you need to state what you think went wrong with your case. Some common grounds for appealing cases in Pennsylvania include letting in tainted or illegal evidence, incorrect decisions by the judge, and poor legal representation.

For help with your criminal appeal needs, call our Philadelphia criminal defense attorneys from The Law Offices of Lloyd Long at (215) 302-0171.

What is an Appeal in Pennsylvania?

An appeal is the process by which you get a legal “do-over” for your case. When you file an appeal, you allege that something went wrong in the legal process, which resulted in the wrong legal outcome.

That being said, an appeal is not a “cheat code” to get around a ruling. There are some strict rules about appealing a case. First, you must file a notice of appeal with the court within 30 days of your sentencing, so you have to find an error and decide to appeal your case in rapid succession while emotions may still be raw from the verdict. Second, you can only fix legal errors. These errors are things that judges and lawyers make. Factual findings from the jury cannot be appealed.

Accordingly, you need to find “grounds” to appeal your case, which is something our Pennsylvania criminal appeals lawyers can help you out with.

Grounds for Appealing a Case in Pennsylvania

When you appeal a case, you state the “grounds,” or basis, on which you are appealing. There can be multiple grounds for an appeal, but you only need one. That being said, it is often a good idea to appeal on as many grounds as possible in order to maximize your chances of success. Some grounds on which you can appeal your case are:

Evidentiary Issues

Evidentiary errors are a common reason for appeals. There are rules about what evidence can and cannot be let into a case at trial.

Relevancy

All evidence shown in court must be relevant to the case. For example, in a robbery case, all evidence must be relevant to the robbery. If the court allows the jury to see, say, evidence that the defendant has drug addiction issues, that could prejudice the jury even though it has nothing to do with the crime of robbery.

Legally Obtained

Illegally obtained evidence cannot be shown at trial. For example, any evidence obtained from a warrantless search without probable cause should not be allowed to be shown to the jury and should be “suppressed” by the judge. If a judge decides to let that evidence be shown anyway, you can appeal and allege that the decision to show that evidence was an error that changed the outcome of the case.

Hearsay

In law, “hearsay” refers to statements made by someone out of court to prove the content of that statement was true. Generally, hearsay is not admissible, but there are many hearsay exceptions – and exceptions to those exceptions. If our attorneys identify incorrect hearsay rulings in your case, you can appeal on those grounds.

Scientific Evidence and Experts

Proper rulings on when to allow expert testimony and scientific evidence are often important issues in a legal case. If your experts were denied or the scientific evidence they presented was denied because of mistakes in the judge’s rulings, you could be entitled to a new trial with these experts and pieces of evidence after a successful appeal.

Improper Jury Instructions

When a jury decides something, they are given pre-made instructions to help them understand the law relevant to their decision. Jury instructions are actually a very important part of a trial because different instructions can lead to wildly different outcomes for the same set of facts. Accordingly, if you think that the jury got the wrong instructions in your case, you can raise that issue on appeal.

Ineffective Assistance of Counsel

Another reason to appeal a case is because of ineffective assistance of counsel. To appeal a case for this reason, you need to establish that your attorney did not meet the standards of a competent legal professional when working on your case and that your attorney’s incompetence actually caused your case to end poorly for you. So, if your attorney was bad but did nothing to alter the outcome of the case, this appeal will fail.

Prosecutorial Misconduct

Let’s face it: prosecutors can sometimes be overzealous. Many get into the profession out of a strong desire to see justice done, better their community, and help people. However, sometimes prosecutors can get a little too zealous when pursuing a case, to the point that it starts to go against due process and constitutional rights. If a prosecutor’s aggressiveness rises to the level of prosecutorial misconduct, you can appeal based on that issue. It could be entirely possible that the jury was intimidated by a prosecutor vehemently arguing their point and simply kowtowed to what they wanted.

Prosecutorial misconduct includes more than just getting angry in the courtroom. For example, if a prosecutor hides evidence that they know hurts their case or even exonerates you, it can seriously sway the results of a trial and is certainly something that should be raised on appeal.

What if My Appeal Fails in Pennsylvania?

If you lose on appeal, there are some limited options still available to you. Essentially, you have to take the case to a higher court. Depending on the jurisdiction of your case, a subsequent appeal will go to up the ranks of state courts, ending at the Pennsylvania Supreme Court or up the ranks of the federal court system to the U.S. Supreme Court. Erors by the Pennsylvania Supreme Court are sometimes appealed to the U.S. Supreme Court as well, but t U.S. Supreme Court only hears an extremely limited number of cases a year. It is not likely that yours will be accepted.

Keep in mind that appealing a case to any court can extend the legal process for years, and it is entirely possible that an appeal is denied. That being said, our criminal defense lawyers would be more than ready to assist you if you need to keep a case in the system to get the outcome you deserve under the law.

Speak to a Pennsylvania criminal Appeals Attorney Right Away

Call The Law Offices of Lloyd Long at (215) 302-0171 and have a chat with our Pennsylvania criminal appeals attorney team today.

When you lose a criminal case, it can feel like the world is crashing around you. Indeed, you have probably spent a great deal of time-fighting a hard legal battle to get to this point, only to come up short and have the jury not rule your way. While a criminal conviction is indeed a harrowing experience, you still have options open to you. One of those options is to appeal your case if you believe something went wrong during the process.

If you are thinking about appealing your case, you need to speak to an attorney quickly. You have a very limited time to file your appeal, and there are some rules regarding what you can and cannot appeal a case for. Luckily, we can help you out.

For a totally free and confidential case review, call The Law Offices of Lloyd Long at the number (215) 302-0171 and talk to our Philadelphia criminal appeals lawyers.

When Can You Appeal a Case in Pennsylvania

You can appeal your case when there was a legal error that can be fixed on appeal. Factual findings by the jury are not able to be appealed. Examples of legal error would include an a judge misinterpreting a law or ruling the wrong way on an objection.

To raise an issue on appeal, the legal error has to be “reversible.” This means that the alleged mistake changed the outcome of the case, and the appeals court can reverse the decision and send the case back. “Harmless” errors that will not change the outcome of the case cannot be successfully appealed.

A successful appeal of an unlawful conviction gets your conviction overturned and grants you a new trial to make sure that justice is administered fairly.

A Guide to the Criminal Appeal Process in Pennsylvania Courts

The process of appealing a case can almost be as long as the trial itself. There are many steps along the way before an appeal is heard before the appropriate appeals court. Below, our Bucks County criminal appeals lawyers have put together a guide to help you through the Pennsylvania criminal appeal process.

Notice of Appeal

The first step in the Pennsylvania appeal process is filing what is called a notice of appeal. This essentially lets the court know that you wish to appeal the case and why. You must file your notice of appeal within 30 days of when you are sentenced, so it is imperative that you speak with an attorney and figure out whether you want to appeal or not quickly.

Record On Appeal

Once the court knows that you are going to appeal a case, they will start preparing a “record on appeal.” This is a recording of everything that happened at trial in your case. The record on appeal will form the bedrock of what the appeals court judge is going to work off of to make their determinations. The record can include court documents, evidence exhibits, and anything else the court feels is needed to have an effective and fair appeal proceeding.

Briefing

The next step is to have each side of the case file a brief with the court. A brief is a formal legal document where lawyers set forth their arguments and explain why the court should rule a certain way. Both attorneys then send their briefs to the judge, who examines them and will rely on them heavily when coming to a decision.

The brief is arguably the most important part of the appeals process, and our lawyers will work incredibly hard to make sure your brief is as effective as possible. Depending on your case, there may even be multiple briefs that need to be filed for different issues. Additionally, there will also be a need to respond to briefs from opposing counsel in many situations.

Oral Argument

In some, but not all, appeals cases, there will be “oral arguments” between attorneys. During oral arguments, attorneys argue in support of their briefs to convince the judge to rule in their favor and address any confusion or outstanding questions the judge has about each side’s arguments. Notably, there is no jury present in an appeals court, although there may be observers. Working on an appeal is very different from arguing at trial. Our Pennsylvania criminal appeals lawyers have the skillset necessary to advocate for you on appeal, so you should speak with us as soon as you can.

It is up to the judge whether there is an oral argument or not in a given appeal, so there is no guarantee as to whether there will be an oral argument for any issues in your specific appeal.

Decision on Appeal

The appeals judge, after weighing the arguments and briefs from each side of the case, examining all of the evidence, and carefully going over the record on appeal, will issue their “decision.” Unlike at trial, where a verdict is generally “guilty” or “not guilty,” there are a lot of different things that an appeals judge can do here.

First, they can affirm the decision of the lower court. This means that the judge is OK with what the trial court did, and whatever conclusions they came to are going to stay. Second, they can reverse the decision, meaning that the judge disagrees and is changing the result to the opposite.

New Trial

A judge will often “remand” a case. When a case is remanded, it is sent back down to the trial court for additional proceedings or, in the case of an overturned conviction, a new trial. The appeals judge also has the option to keep the result of the original trial but modify the sentence. If our lawyers represent you during an appeal, we can also represent you at your new trial and seek to get the case thrown out or a not guilty verdict in your favor.

Options After an Appeal

After losing an appeal, your options are limited if the case does not go how you want it to. At that point, your options are more or less to appeal your case to the next level, potentially all the way to the Pennsylvania Supreme Court and maybe eventually to the U.S. Supreme Court. Doing so would require serious consideration by both you and our lawyers.

Other Post-Conviction Options in Pennsylvania

There are some limited options available to you to file “post-conviction” or “collateral” appeals following a criminal conviction and a failed appeal. You may be entitled to some post-conviction relief if you received ineffective assistance of counsel at trial or if the prosecutor withheld information that cut against your guilt. You can also potentially get a new trial for changes in science, newly uncovered facts, and changes in constitutional law. You should speak to our attorneys about these additional post-conviction options.

Chat with Our Pennsylvania Criminal Appeals Lawyers Today

Reach out to The Law Offices of Lloyd Long and speak to one of our Delaware County criminal defense lawyers by calling (215) 302-0171

Interactions with the police can cause a lot of anxiety, especially when you think that you may get arrested. These interactions can be even more tense if the officer starts ordering you to do certain things or if they briefly pat you down. Your first instinct may be that your rights are being violated. However, that will depend on the circumstances. Sometimes, police can carry out what are called “Terry stops,” where the police briefly detain and pat someone down or ask questions.

In Pennsylvania, a stop made to investigate suspected criminal activity is a Terry stop. Unfortunately, this sometimes leads to Terry stops that should not have happened. If you were charged with a crime due to an unjustified Terry stop, you need legal representation in your criminal case.

For a free, confidential discussion of your case, call (215) 302-0171 and speak to our Philadelphia criminal defense attorneys from The Law Offices of Lloyd Long today.

Terry v. Ohio Explained

The Supreme Court case Terry v. Ohio involved a police officer noticing some individuals walking back and forth past a storefront multiple times. The officer also noted that after each pass, the group would converse with each other. Believing that the trio was planning to rob the store, the officer went towards the three men and asked them their names. The officer then spun around Mr. John Terry and conducted a pat down, finding a handgun. The officer then ordered the rest of the men into the store and conducted more pat downs, finding more firearms.

At trial, the defense wanted to suppress evidence of the weapons because they alleged they were illegally obtained – the police, the defense alleged, searched the defendants without probable cause. The Supreme Court disagreed and held that the officer had reasonable suspicion that the men were conspiring to commit a crime and therefore was justified in conducting the pat down.

When Does a Terry Stop Turn into an Arrest in Pennsylvania?

It is difficult to identify when a Terry stop has become an arrest. Perhaps the easiest way to understand this is by breaking down police interactions into certain “levels.” The first level would be more or less a friendly conversation. If a cop says “hello” to you and starts asking you about your day, there is probably no suspected criminal activity, and you would be free to go.

The next level would be a Terry stop or investigatory detention where the officer has reasonable suspicion that a crime is or has been committed. At that point, an officer can briefly detain you and conduct a pat down of your person. As soon as you are not free to go, the situation becomes one where Terry applies.

The next level after a Terry stop would be an arrest. One of the most obvious signals of an arrest is that the officer says, “You are under arrest,” and puts you in handcuffs. However, handcuffs can be used during an investigatory detention or while executing a search warrant to prevent the subject from interfering with the officer’s investigation or search. There are cases dealing with the various factors that turn a short Terry stop into a “de facto” arrest that requires probable cause.

Requirements for a Terry Stop in Pennsylvania

The primary requirement for a Terry stop is reasonable suspicion. In Pennsylvania, reasonable suspicion means that the officer has a belief that you have either committed a crime or are going to commit one soon. At that point, they are able to conduct a Terry stop, briefly detain you, and conduct a pat down.

Terry Stops in Traffic

One of the most common places that Terry stops are carried out is on Pennsylvania’s roadways. If an officer sees a car committing a traffic violation, they are able to briefly stop the driver and investigate. For example, suppose an officer saw a driver swerving their car from side to side. The officer would have reasonable suspicion to stop the car and ask the driver questions about where they were going, what they were doing that night, and if they had anything to drink or were on drugs. Plus, the officer already witnessed another potential traffic violation if the driver left their lane of travel, so they already have probable cause to issue them a ticket for that and can investigate further to look for evidence of a DUI during the traffic stop.

If the officer is not presented with any further evidence to support DUI charges, the investigation cannot go far beyond that point. If the officer finds more evidence of DUI, such as empty beer bottles in the passenger seat of a car, the odor of alcohol on the driver’s breath, and an admission that they had five beers, the officer can move on to a DUI arrest.

Terry Stops on Foot

The other common place where a Terry stop may happen is on the street. However, it may be more challenging for a police officer to find reasonable suspicion in this arena. That being said, what an officer is allowed to do is similar to what they can do for a Terry stop in a motor vehicle: they can ask questions and conduct cursory pat downs. However, if an officer wishes to do more, they need to establish probable cause and arrest the stopped individual or get a search warrant.

Your Rights During a Terry Stop in Pennsylvania

Police can conduct a Terry stop with very little by way of proof that a crime is happening, happened, or is likely to happen. All that is needed is reasonable suspicion. However, you also have protections and rights during this process.

You are able to ask the officer if you are free to go. If they say yes, then you can leave. However, if they do not, the situation may have risen to the level of a Terry stop, and you should discuss that series of events with our lawyers if charges are filed.

As mentioned, an officer might be able to put you in cuffs during an investigatory detention, but any time they spend keeping you from going about your day must be reasonably short and they cannot be particularly intrusive in their investigation. A pat down is usually the extent of how far they can go.

Remember that a police officer needs reasonable suspicion to conduct these stops. If they do not have reasonable suspicion, your rights are being violated, and you should speak with legal counsel as soon as possible to prepare a defense against any charges that may be made against you.

Call Our Pennsylvania Criminal Defense Lawyers Now

Call (215) 302-0171 and talk to our Northeast Philadelphia criminal defense lawyers from The Law Offices of Lloyd Long today.

The rampant distribution and use of drugs and other controlled substances is a hot-button issue in the United States. One only needs to look through a news feed to see a story about fentanyl or another hard drug du jour involved in some way. Crimes involving drugs are serious at both the state and Federal levels. However, some people may be confused as to when a drug crime is charged as a state crime and when it is charged at the federal level.

In Pennsylvania, drug charges become federal when you cross state lines and in complicated drug operations. However, you can also be charged at both the state and federal levels at the same time since a state offense and a federal offense are different crimes.

For a free, totally confidential analysis of your case, call The Law Offices of Lloyd Long at (215) 302-0171 and speak to our Philadelphia drug defense lawyers.

When Do State Drug Laws Apply, and When Do Federal Drug Laws Apply in Pennsylvania?

Most land in Pennsylvania is the jurisdiction of the state, so crimes done there will be pursued at the state level. However, drug crimes committed in a national park, a federal courthouse, or other federal land would be dealt with at the federal level.

Another way that drug charges can be brought at the federal level is if the crime involves crossing state lines. So, if someone is trafficking heroin between Pennsylvania and New Jersey, they will very likely face charges at the federal level.

Circumstances that Can Lead to Federal Drug Charges in Pennsylvania

Certain circumstances will lead to federal drug charges in Pennsylvania. It is important for our Pennsylvania drug defense lawyers to know the circumstances surrounding the charges against you because it lets us know how to best proceed with your case.

Arrest by a Federal Officer

If you are arrested for a drug crime by a federal officer, it is very likely that you are going to be charged at the federal level. This can happen through a “sting” operation or through a normal investigation conducted by a federal entity like the DEA, where a federal agent acts as if they are someone offering illegal substances.

Federal and State Agent Cooperation

State and federal law enforcement frequently cooperate and work together for drug-related crimes. This is especially true if there is a belief that the perpetrator may be armed or dangerous, as state-level police may not have the equipment, training, and experience to deal with such a situation. The trick is that it has to be a federal case to be a federal drug charge. So, if federal agents are helping local police with a case, the defendant will be charged at the state level, but if local law enforcement is assisting with federal matters, the case will be charged at the federal level.

Serious or Complex Offenses

More serious drug crimes are more likely to be pursued at the federal level. For example, someone storing cocaine in their drawer would probably be dealt with at the state level. However, someone who is distributing cocaine throughout Pennsylvania would likely attract the attention of federal agents and thus would be charged at the federal level. Interstate drug traffic operations that go through Pennsylvania would also fall under this category and would be charged at the federal level.

Are Federal Drug Changes More Serious than State Charges in Pennsylvania?

Generally, drug crime charges at the federal level are more serious than crimes at the state level for a few reasons.

First offenders with state-level drug charges are likely to be seen as the least serious defendants. Local law enforcement is usually tasked with dealing with smaller, local cases, whereas federal investigators pick the most complicated and dangerous cases from across the United States. They may be offered deals by the prosecution that are beneficial to both sides by saving time and energy for the court and saving the defendant from lengthy prison sentences. Federal charges, on the other hand, often have mandatory sentences and strict guidelines. Prosecutors may have less freedom to work with you at the federal level than at the state level. That being said generalizations are no guarantee. You could be up against a zealous state prosecutor or a pragmatic federal prosecutor who can be worked with.

Additionally, plea deals exist at both the state and federal level, but there is no parole board for federal drug crimes – that option is only available at the state level. The practical effect of this is that federal prosecutors are much more likely to be going after people who should reasonably be in prison, while state prosecutors can go after defendants who may not need to be in prison for a long time.

Can I be Charged for the Same Crime at the State and Federal Levels in Pennsylvania?

Many people will be familiar with the concept of “double jeopardy” in law. Essentially, it means that you cannot be charged with the same crime twice. However, you can be charged with the same crime at both the state and federal level in Pennsylvania. This is because the state government and the federal government are two different entities. This is part of a concept known as “dual sovereignty.” Because you are being charged by two different governments, there is no double jeopardy issue like if the same government were charging you with the same crime twice.

Sometimes, the specified conduct in the statute does not overlap anyway. For example, you could face state charges for possession on one side of the state line, but if you cross state lines, the federal government could charge you with a crime that involves crossing state lines as an element. Since this has at least one element that the other state charge does not have, it would not be considered a double jeopardy issue even if the charges were coming from the same government.

Talk to Our Pennsylvania Drug Defense Attorneys

The Law Offices of Lloyd Long has Pennsylvania drug defense attorneys ready to take your calls and discuss your situation at (215) 302-0171.

Certain defendants facing drug-related charges in Philadelphia might be eligible for drug treatment court. If, for whatever reason, you do not wish to participate in drug court, there are other options to explore, but jail time might be possible.

If you want to avoid drug court, you should talk to your attorney about the possibility of jail time. If you are found guilty, jail time is likely, depending on the charges. Drug treatment court works by allowing defendants to enter no-contest pleas, have their cases set aside by the judge, and go through drug treatment programs. If successful, the defendant can avoid jail and have their charges dismissed. While many people prefer drug court, you might have reasons for wanting to avoid it. Talk to an attorney so you can make an informed decision. If you do not want to enter drug court, fighting your charges in court in the hopes of getting a not-guilty verdict might be your next best option.

Call our Philadelphia criminal defense lawyers at The Law Offices of Lloyd Long at (215) 302-0171 and arrange for a free review of your case and legal options.

Can I Avoid Jail if I Do Not Attend Drug Treatment Court in Philadelphia?

Drug treatment court, often referred to simply as drug court, is a program administered by each county, including Philadelphia County. Participants in the program can avoid jail while undergoing extensive drug and alcohol treatment. Although this program is designed as an alternative to more standard judicial remedies, it is not always for everyone. If you want to avoid drug court, you might face jail time, but this is not guaranteed.

If you do not wish to participate in drug court or are ineligible to do so, you may still pursue a trial with our Northeast Philadelphia criminal defense attorneys, a judge, and a jury. Whether jail time is on the table depends on your charges. For many, jail time is a mandatory minimum requirement upon sentencing. For others, alternatives like probation might be available. Talk to your lawyer about your charges to determine if jail time is required in your case.

Even if jail time is a required part of a sentence upon conviction, you must actually be convicted first. There is a chance that you might be found not guilty, you would have to serve no time in jail, and there would be no conviction on your record. Just remember, trials are very difficult, and getting a jury verdict in your favor might be extremely hard or practically impossible, depending on the evidence.

How Drug Treatment Courts Work in Philadelphia

Drug courts are an alternative to a standard trial and potential sentence. Eligible defendants are often charged with non-violent drug-related offenses. If you are facing drug-related charges that are also violent or involve weapons, you might not be eligible. On top of that, only defendants with no criminal history or a very limited criminal record may be eligible for drug court.

Those that are eligible and enter the program are required to enter a no-contest plea. This is effectively the same as a guilty plea and may lead directly to sentencing in other circumstances. Upon entrance of the plea, the court will set aside your plea and allow you to enter the drug court program.

The program often takes about a year to complete and involves intensive drug and alcohol counseling, education, and therapy. The goal is to help defendants with serious drug dependency issues overcome these issues. People who complete the program are less likely to re-offend.

When a defendant completes the program successfully, the court may dismiss the no-contest plea and dismiss the charges. This allows the defendant to move on without a conviction to weigh them down. If you fail or drop out of the program, the court may formally enter the plea and sentence you to jail.

Is There a Good Reason to Avoid Drug Treatment Court in Philadelphia?

Many attorneys and defendants alike consider drug treatment court programs a great option for people who want to get treatment and possibly avoid going to jail. However, not everyone wants to go through the program. While your lawyer might advise you to consider the program, it is up to you whether you want to go through with it.

Some people want to avoid drug court programs because they believe they did nothing wrong. The drug court program might help you avoid a conviction and jail time, but it is time-consuming. If someone believes they are not guilty, they might not want to go through the program. The alternative would be to go to trial and argue your case before a judge and jury.

You might want to avoid entering a plea and going through drug court if your odds of success at trial are high. Talk about your case with your lawyer. If you have enough evidence to establish reasonable doubt, you might avoid a conviction and not need drug court. However, many defendants have difficulty viewing their case impartially, believing their evidence is stronger than it is. Your attorney can advise you on whether drug court is a good idea.

What Should I Do if I Do Not Want to Go Through Drug Treatment Court in Philadelphia?

If you truly want to avoid the drug court process, first, you should have a conversation with your attorney. Since the drug court program is widely viewed as a preferable alternative, your attorney will likely want a good reason why you do not want to go through with it.

Discuss your charges and any evidence you might have with your lawyer. If the odds of an acquittal are good, your attorney can help you prepare for a trial. Trial preparations are extensive, and you should begin as early as possible. If an acquittal does not seem possible, you should talk about the possibility of going through the drug court program if you are eligible.

Contact Our Philadelphia Drug Crime Defense Lawyer

Call our Montgomery County criminal defense attorneys at The Law Offices of Lloyd Long at (215) 302-0171 and make arrangements for a free assessment of your legal options to get your case started.

Having a warrant for your arrest is a serious matter. A warrant will allow law enforcement to arrest you and put you in jail while you wait for trial. This prospect of spending time in jail can be incredibly distressing for individuals awaiting their day in court. Accordingly, people with warrants may be wondering what they are able to do and are not able to do while there is a warrant for their arrest. This can include questions like whether people with warrants can get on an airplane to fly somewhere in the interim.

Most warrants will not preclude you from getting on a plane, at least for a domestic flight. However, flying out of Philadelphia Airport with a warrant or multiple warrants is likely to be a very bad idea. There is a chance that you could get arrested before you board or when you arrive at your destination. Additionally, getting on a plane may look like you are trying to escape consequences, which can be very detrimental to the success of your case.

If you need help with a warrant or other legal matters, call our Philadelphia criminal defense lawyers from The Law Offices of Lloyd Long at (215) 302-0171.

Are You Allowed to Get on a Plane When You Have Warrants?

Generally, airport staff and security are not checking to see specifically if you have a warrant for your arrest. Airport security personnel like the TSA or Air Marshalls are concerned with people who are potential risks on an airplane. In the vast majority of cases, this will not mean people with arrest warrants. However, if your warrant is for something that would make you a risk to airport security, security personnel could step in. Nonetheless, a warrant in and of itself will not outright prohibit you from getting onto a plane.

With all that being said, our Delaware County criminal defense lawyers do not recommend trying to get on a plane when you have a warrant in most circumstances.

What Can Happen if You Get on a Plane When You Have a Warrant?

Although you are not prohibited by law from getting on a plane when there is a warrant for your arrest, there are other potential consequences that could result from doing so that can seriously affect your life. None of these potential consequences bode well for a successful outcome of an upcoming criminal case.

Arrest, Extradition, Flight Risk

The most obvious potential consequence of getting on a plane when there is a warrant for your arrest is, well, getting arrested. Although TSA and airport security are not required to check if you have an arrest warrant, sometimes they do check, and there is no way to predict whether an airport will examine your background or not. You always run the risk of getting arrested when you interact with law enforcement when you have an active arrest warrant.

You could also get extradited at your destination if there is a warrant for your arrest. This means if you fly to a state other than the one that issued your warrant, they may send you back to the issuing state, where you may be placed in jail until the criminal matter is resolved.

Another potential consequence of getting on a plane when you have warrants is that you could be labeled a “flight risk.” In the context of criminal proceedings, a “flight risk” is someone who is likely to try and avoid the legal process and run away from potential consequences.

Damage to Your Court Case

Even if you are able to get on a plane to fly somewhere domestically without issue, it can still be very bad in the event of a later criminal trial. Getting on a plane while there is a warrant for your arrest can easily be seen as trying to run away from consequences and avoiding the legal process. Prosecutors can, and will, point this out to the jury if a case goes to trial, and it can make your situation worse than it otherwise would be.

Ruined Travel Plans

This may seem like a more trivial consequence than the others, but it is a consequence nonetheless. Scheduling travel plans is a time-consuming and expensive process. All of that planning and expense can immediately be upended if you do not take into account the prospect of getting arrested at the airport when you have warrants.

Having a Warrant on International vs. Domestic Flight

A warrant may have a slightly different effect if you are taking an international or a domestic flight. If you have a warrant and take an international flight, the consequences are likely to be much more dire than if you are taking a domestic flight.

When you land after returning from an international flight, you will have to go through customs or a similar security entity, which will check to see if there are any outstanding warrants for your arrest. If you return to the U.S. on an international flight, you risk getting arrested upon arrival if you have a warrant.

For domestic flights, there is less direct scrutiny on whether you have a warrant or not. However, that does not mean that you are in the clear to fly where you want. Airports generally have a large police presence, so if you interact with the police in any way, they can see that you have a warrant, and you will very likely get arrested.

Call Our Philadelphia Criminal Defense Lawyers Right Away

If you or a loved one are dealing with an arrest warrant, call our Northeast Philadelphia criminal defense lawyers from The Law Offices of Lloyd Long at (215) 302-0171 for a free, confidential case review.