A conviction is unfortunate, but it is not the end. A lawyer should help you file an appeal almost immediately after your conviction. If your appeal is successful, you might get a second chance to defend yourself in a new trial.

Most convicted defendant file direct appeals shortly after the end of their trials. This is perhaps the most common type of appeal, and many attorneys file them almost automatically. In a direct appeal, we can raise concerns about legal errors at trial that unfairly influenced the verdict. Alternatively, you may file a collateral appeal, such as an appeal under the Post-Conviction Relief Act. These appeals are more limited and restricted only to specific claims, but they can still help you correct an unjust trial outcome.

Ask our criminal appeals lawyers with the Liberty Law Team for a free, private case evaluation when you call our offices at (215) 709-7431.

What Are My Appeals Options if I am Criminally Convicted in Bethlehem, PA?

Filing an appeal is a crucial part of the American criminal justice system. All criminal defendants have the right to file a direct appeal and correct legal errors that might have caused an unjust outcome. However, the appeals process can be complicated, and you need an experienced attorney on your side.

Direct Appeals

A direct appeal typically occurs shortly after the end of a criminal trial. In fact, convicted defendants must file a direct appeal within 30 days of the court’s entry of the order of the final judgment.

The direct appeal may raise issues of legal error that the defendant and their attorney believe occurred during the initial trial, resulting in an unfair outcome. The direct appeal goes to a higher appellate court for review, not the same court where the defendant was initially tried.

If the appellate court agrees with the appeal, it may reverse the conviction and order a new trial, where the legal errors must be corrected.

Appeal Under the Post-Conviction Relief Act

A collateral appeal addresses legal issues or errors that arise outside the court and the trial but still affect the case. You can file such an appeal under the Post-Conviction Relief Act (PCRA). Under the PCRA, you may appeal only very specific issues:

• Ineffective assistance of counsel
• Constitutional violations
• Newly discovered evidence that was unavailable at the time of the initial trial
• Illegal sentencing
• Unlawfully induced guilty pleas
• Prosecutorial misconduct
• Jurisdictional issues

A PCRA appeal may be filed with the same court that held your initial trial and reviewed by the same judge.

FAQs About Criminal Appeals in Bethlehem, PA Criminal Cases

When Do I File an Appeal After a Criminal Conviction?

When you file your appeal depends on what kind of appeal you are filing. Direct appeals happen quickly and typically must be filed within 30 days of the final entry of the court’s order from which you are appealing. A PCRA appeal is a collateral appeal that must be filed within 1 year.

What is a Direct Appeal in Bethlehem, PA?

A direct appeal challenges legal errors our criminal appeals lawyers believe occurred at the initial trial, which may have resulted in an unfair or unjust outcome. All criminal defendants have a right to file a direct appeal. Common legal errors complained of in a direct appeal include improper jury instructions, inadmissible evidence, and sentencing errors.

How Do I File an Appeal Under the Pennsylvania Post-Conviction Relief Act?

To file an appeal under the PCRA, you must submit a petition to the Court of Common Pleas outlining the specific issues of your claims. A PCRA appeal is restricted to specific legal errors or violations, including ineffective assistance of counsel, constitutional violations, and newly uncovered evidence that was not available during the initial trial, among others.

Can I File Motions After a Criminal Trial is Over?

Yes. After being convicted and sentenced, a defendant may file a post-trial motion. The motion must be filed within 10 days of sentencing and challenge certain aspects of the sentence that are unfair or illegal. For example, if the judge incorrectly interprets the sentencing guidelines and imposes an overly harsh sentence, we can quickly file a post-trial motion to correct the error.

What is the Difference Between a Post-Trial Motion and an Appeal?

Post-trial motions are filed with the same court that tried that case and help preserve sentencing issues for review. An appeal is filed with a higher appellate court, which reviews the lower court’s transcripts to determine whether a legal error occurred and whether the defendant’s conviction should be reversed.

What Should I Include in My Appeal After a Criminal Conviction?

When you file an appeal, you must include a clear and concise statement of the errors you believe happened during your trial. The statement should explain what we believe went wrong and how it unfairly affected the trial’s outcome. The appellate court will also need copies of the trial court’s complete transcript for review. We do not have to submit new evidence. However, if you file a PCRA appeal based on newly discovered evidence, information about the evidence will be important.

How is a PCRA Appeal Different from a Direct Appeal?

A direct appeal deals with legal errors from your trial and is filed with a higher appellate court that reviews the appeal and the trial court’s records to determine if an error occurred. A PCRA appeal is a collateral appeal that addresses issues that may have arisen outside the trial court, such as ineffective counsel or newly discovered evidence. Additionally, a PCRA appeal is usually heard by the same judge from your trial rather than an appellate court. Generally, a PCRA appeal is filed after direct appeals have been exhausted.

What Happens if My Appeal is Successful?

If your direct 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 from your appeal must be corrected. If your appeal under the PCRA is successful, there may be a similar outcome where the conviction is overturned, and you may be granted a new trial.

What Happens if My Direct Appeal is Denied?

If your appeal is denied by the Pennsylvania Superior Court, which is the first appellate court that would hear the appeal, you may take the case higher up the ladder to the Pennsylvania Supreme Court. This is another appellate court that provides an additional layer of review. In some cases, the Supreme Court disagrees with the Superior Court, and defendants may be given a new trial.

How Long is the Criminal Appeals Process?

The appeals process can be time-consuming. It is not uncommon for a direct appeal to take about a year before the appellate court makes a final decision. In the meantime, you may have to remain incarcerated if you were incarcerated as part of your sentence, while your appeal is pending.

Speak to Our Bethlehem, PA Criminal Appeals Attorneys for Help Right Away

Ask our criminal appeals lawyers with the Liberty Law Team for a free, private case evaluation when you call our offices at (215) 709-7431.