While every criminal defendant has the right to defend themselves, not every defense is a success. Many defendants are convicted, but their cases do not end at sentencing. If you and your attorney believe something went wrong at your trial, you can file an appeal.

Generally, there are two main ways of filing an appeal. The first and most common approach is to file a direct appeal. Defendants usually have 30 days from the final entry of the court’s order to submit their appeal. The second method involves filing an appeal under Pennsylvania’s Post-Conviction Relief Act (PCRA). Defendants have up to 1 year to file such an appeal, but new events can trigger new petitions. Even so, it applies only to a select few legal issues. If these issues did not happen at your trial, you might be unable to file a PCRA appeal.

Call our Philadelphia criminal defense attorneys for a free legal review regarding your appeal by calling the Liberty Law Team at (215) 826-3314.

How Do I File an Appeal After a Criminal Conviction in Pennsylvania

Filing an appeal is often done shortly after a conviction. Many attorneys are prepared for appeals before the jury even renders a verdict. However, the way our Pennsylvania criminal defense attorneys file your appeal may vary based on whether it is a direct appeal or an appeal under the PCRA.

Direct Appeal

A direct appeal is the most common form of appeal and occurs very quickly. The rule in Pennsylvania is that a direct appeal must be filed no later than 30 days after the entry of the order from which the defendant is appealing. For many, this is the date of conviction. For others, this might be the date that all post-conviction motions are settled.

A direct appeal may contain any number of claims of legal errors. You may include almost any error you believe occurred at your trial and unfairly affected the outcome. The key is that we must preserve issues for appeal by objecting to them or filing motions. For example, if we file a pretrial motion to suppress illegal evidence, and the motion is denied, the issue of the illegal evidence is preserved for appeal.

Post-Conviction Relief Act

The Post-Conviction Relief Act in Pennsylvania allows defendants 1 year from the date that the judgment becomes final, unless certain new factors arise:

  • Discovery of a constitutional violation
  • Newly discovered facts
  • New rulings on constitutional rights.

This date is typically after all direct appeals are exhausted, and it may vary depending on what happens during the direct appeals process and any other motions filed after conviction.

Under the PCRA, we may claim only a select few issues for review at the appellate level:

  • Constitutional violations
  • Ineffective assistance of counsel
  • Unlawfully induced guilty pleas
  • Obstruction by government officials of your right to appeal
  • New evidence that was unavailable at the time of the trial
  • Sentencing that exceeds the legal maximum limits
  • Jurisdictional issues.

Appellate Procedures

IN a direct appeal, the notice of the appeal must be filed within 30 days. We must then submit a “1925(b) statement,” named for the rule that governs it. This is the statement of errors complained of on appeal. It must explain all the errors we believe occurred and our reasons for requesting a reversal of the conviction and a new trial.

Filing an appeal under the PCRA requires that we submit a petition to the court within 1 year of the judgment against you becoming final. The petition should explain the legal errors we believe must be corrected, along with any evidence and information we have to support our claims. The court may make a decision after reviewing the petition or hold a hearing.

FAQs About Appealing a Criminal Conviction in Pennsylvania

How Long Do I Have to File a Direct Appeal After a Criminal Conviction?

In Pennsylvania, a convicted defendant has 30 days from the final entry of the order from which an appeal is taken to file a direct appeal. This date may depend on whether any post-trial motions are filed after the conviction.

When Can I File an Appeal Under the Post-Conviction Relief Act?

Defendants filing appeals under the Post-Conviction Relief Act must file their appeal no later than 1 year after the judgment becomes final, unless other factors arise. Remember, the judgment may not necessarily become final on the day you are convicted. Instead, it may be final on the date that all direct appeals have been exhausted.

What Issues Can I Include in a Direct Appeal?

A direct appeal may involve a wide range of legal issues. Generally, defendants may include almost any legal errors they believe occurred during their initial trial in their direct appeal. Common claims include the introduction of inadmissible evidence, improper jury instructions, due process violations, and improper sentencing.

What Issues May Be Included in an Appeal Under the Post-Conviction Relief Act?

A PCRA petition is more limited and may only include a few specific claims based on serious issues that call into question the fairness of your initial trial or violations of your rights.

How Do I Prove My Claims on Appeal?

After filing an appeal, the court may order a hearing, depending on whether it needs further clarification or is otherwise interested in arguments about the issues raised in the appeal. There is no new evidence introduced at the appellate hearing. Your attorney may explain the legal errors that they believe occurred and how they unfairly affected the outcome of the trial. If the court agrees, you may be granted a new trial and a second chance to defend yourself.

Do I Need a Lawyer to Help Me File an Appeal?

Yes. Filing an appeal is a separate process from the trial and occurs after the trial is over. It may happen quickly, and you might be unprepared to draft and file a thoughtful and effective appeal on your own. Your lawyer should also be better able to identify legal errors as soon as they happen, object, and include the issues in an appeal if the objection is overruled.

What Happens if My Appeal is Successful?

If your appeal is successful, the appellate court may reverse your conviction and remand the case back to the trial court for a new trial. At the new trial, the legal errors must be corrected. This may mean that illegal evidence that should not have been admitted into court is excluded. In some cases, defendants are more successful at their second trial.

Do I Have to Go to Jail or Prison While My Appeal is Pending?

If you are sentenced to jail or prison time as part of your conviction, you typically have to start serving your sentence even if you file your appeal. This can be challenging, as you may be behind bars while your lawyer handles your appeal.

Ask Our Pennsylvania Criminal Defense Lawyers for Help Appealing Your Conviction

Call our Bucks County, PA criminal defense attorneys for a free legal review regarding your appeal by calling the Liberty Law Team at (215) 826-3314.