Criminal cases do not always end with a verdict or sentence. A defendant may continue fighting the case by filing an appeal. Depending on the outcome of the appellate hearing, you might receive a new trial and a second chance to defend yourself.

You have a right to appeal a criminal conviction. The appellate hearing might uncover legal mistakes that warrant a new trial and a second chance. Various issues may be raised if they were preserved for appeal during the trial. Issues regarding evidence, jury instructions, unlawful sentences, and more may come up. New evidence and witness testimony are not permitted at an appellate hearing. Instead, the appellate court reviews the trial court’s records to determine if reversible legal errors occurred. You must file your appeal within 30 days.

Call our criminal appeals lawyers with the Liberty Law Team for a confidential, free case assessment at (215) 826-3314.

Why You Should File a Criminal Appeal in Chester, PA

While defendants are not required to file an appeal after a conviction, it is almost foolish not to. The point of the appeal is to check for legal errors that might have affected the verdict.

If your appeal is successful, the court could reverse your conviction and remand your case to the lower court to start your trial over. At your new criminal trial, the issues raised on appeal must be corrected. For example, if you were previously found guilty because unlawful evidence was admitted, your new trial must exclude that evidence.

Sometimes, prosecutors do not think they can secure a conviction in a new trial. Perhaps key evidence from the first trial has been excluded after the appeal. In such cases, prosecutors might choose to drop the case or negotiate a plea deal in which you serve a much more lenient sentence.

Issues You Can Raise in a Direct Appeal in a Criminal Case

All kinds of trial issues may be raised during the appeal if they were preserved at the trial. This may involve raising objections in court. If no objection is raised, you cannot appeal the issue.

Some issues are automatically preserved, like filing a motion to suppress evidence that is denied. The denied motion may be preserved without the need to raise any objections.

One common trial issue is improper jury instructions. After all the evidence has been presented, the judge must instruct the jury on how to apply the law to the facts of the case. The law is complicated, and jurors rely on these instructions to reach legally sound verdicts. If the instructions are incorrect or explained in a manner that unfairly influences the verdict, we can appeal.

Our criminal appeals lawyers may also challenge the verdict’s validity. Nobody can decide the verdict but the jury, or the judge in a bench trial. While juries do their best, some decisions are based on bias instead of evidence. Unreasonable verdicts can sometimes be overturned.

Judges have considerable discretion when making certain decisions, and they must not abuse this discretion to render unlawful decisions. If the judge denies a motion or makes a decision that contradicts the law, this may be an abuse of their power, and we should consider appealing.

Information and Evidence in a Criminal Appeal

Matters of guilt and innocence are not decided at the appellate hearing. We may not present any new evidence or information on appeal. No witnesses may testify, and there is no opportunity for cross-examination. Instead, the appellate court reviews the lower court’s trial transcript and records related to the case.

Attorneys must file appellate briefs to explain why they are filing the appeal. The brief is the crux of your appeal and should thoroughly explain what errors you believe occurred and why you deserve a new trial. If certain issues are not raised in the brief, they might not be considered on appeal.

Sometimes, courts will only consider appellate briefs, trial transcripts, and records. However, the court may also ask for oral arguments if it needs additional information. Many defendants do not even have to appear at the appellate court hearing.

Your Timeline to File a Direct Appeal in a Criminal Case in Chester, PA

You might not have much time to process your conviction before you must file the appeal. According to 210 Pa. Code Rule § 903(a), you have only 30 days from the court enters the final order to file a direct appeal. This is a very tight time limit, and your lawyer should begin working on your appeal almost immediately.

Your time limit begins when the court’s judgment is final. Some defendants file post-sentence motions that are not part of the appeal process.

The court’s order does not become final until all post-sentence motions have been decided. This might push back your time limit, and it is important to keep accurate track of your time to file.

If you do not file your appeal on time, your right to an appeal may be considered waived.

What Happens at a New Criminal Trial After an Appeal?

If you are granted a new trial, the entire process starts over in front of a different jury. The evidence must be re-examined and exchanged during the discovery phase, witnesses will testify again, and attorneys will make opening and closing statements for a second time.

The legal errors found on appeal must be corrected at the new trial. Evidence that should not have been admitted must be excluded. Improper jury instructions must be adjusted. In some cases, this changes the outcome of the whole case.

The second trial does not violate double jeopardy, which prevents defendants from being prosecuted for the same offense twice. Instead, the law recognizes the second trial as a continuation of the original proceedings.

Contact Our Chester, PA Criminal Appeals Attorneys for Legal Help Right Away

Call our criminal appeals lawyers with the Liberty Law Team for a confidential, free case assessment at (215) 826-3314.