There are strict filing deadlines for criminal appeals in Pennsylvania that, if missed, could seriously jeopardize a defendant’s chances of a successful appeal, regardless of your reason for seeking it.

The first step toward a criminal appeal is filing a post-sentence motion with the court within 10 days of sentencing. Within 30 days of the post-sentence motion being decided, you must then file a notice of appeal, though there are some exceptions. There are other important deadlines and dates to be aware of during the appeals process, like when the appellant brief is due and when the appeal hearing is scheduled, all of which we can make sure you know.

For your free case assessment from the Liberty Law Team’s Delaware County, PA criminal defense attorneys, call (215) 826-3314.

What Are the Filing Deadlines for Direct Criminal Appeals in Pennsylvania?

If you plan to file an appeal related to a recent criminal case, you only have a short window of time to do so. Missing deadlines puts your appeal in jeopardy, and our lawyers can make sure that doesn’t happen in your case.

Post-Sentence Motion

After a criminal sentence is imposed in Pennsylvania, the defendant has 10 days to file a written post-sentence motion with the court. The post-sentence motion can request that the judge modify the sentence, grant a new trial, grant an acquittal, or allow the defendant to change their plea. Our attorneys can start working on preparing the post-sentence motion immediately so there is no risk of you missing the deadline and compromising your appeal.

A post-sentence motion is not an appeal, but a request filed with the trial judge to fix a mistake soon after a sentence is imposed.

Notice of Appeal

If you file a post-sentence motion on time, you then have 30 days from the decision on the post-sentence motion to file a notice of appeal. If the judge fails to decide on the post-sentence motion within 120 days, and a 30-day extension has been exhausted, you have 30 days from that point to file your notice of appeal.

If you do not file a post-sentence motion with the court, you have 30 days within the imposition of your sentence to file a notice of appeal.

These deadlines and how they affect each other can get confusing, so it’s important to have an attorney confirm how long you have to file an appeal.

How Can a Lawyer Help You Meet the Filing Deadline for a Criminal Appeal?

Meeting the filing deadline for criminal appeals isn’t easy, and defendants need help from experienced attorneys who can review the original trial and search for mistakes or oversights.

Identify Grounds for Appeal

Soon after a conviction, our lawyers can request and review all trial transcripts, analyze evidence and evidentiary rulings, review jury instructions, and look for indications of constitutional errors, juror misconduct, or ineffective assistance of counsel.

Calculate Filing Deadlines

Based on the specific dates involved in your case, our Pennsylvania criminal defense attorneys can also calculate the final day that you can file a post-sentence motion with the trial judge or a notice of appeal.

What Are Other Important Deadlines During Criminal Appeals?

In addition to filing deadlines, there are other important deadlines during the appeals process that appellants must be aware of.

Typically, defendants appealing criminal convictions must file appellant briefs with the court within 40 days of filing the notice of appeal, unless the judge sets another deadline. The appellee, the Commonwealth of Pennsylvania, then has 30 days from the submission of the defendant’s brief to submit a brief of their own.

Appellant briefs must contain very specific information and present it in the correct order, which our criminal defense attorneys can help ensure. Among other information, the brief will contain a clear argument for the appellant’s appeal and explain the exact outcome they are seeking, such as a new trial or sentence modification.

What if You Miss the Filing Deadlines for a Criminal Appeal in Pennsylvania?

Convicted defendants must act quickly after their sentences have been imposed to initiate the appeals process. If you miss the deadline to file a post-sentence motion or the deadline to file a notice of direct appeal, you may still have options.

Missing the Deadline for Post-Sentence Motion

Missing the deadline to file a post-sentence motion does not automatically bar you from filing a notice of appeal, but it does shorten the filing deadline you must follow. Rather than having 30 days from the date the post-sentence motion is decided to file a notice of appeal, you would have 30 days from the date your sentence is imposed.

Missing the Deadline for Notice of Appeal

If you completely miss the filing deadline for a direct appeal, you might be able to file a Post-Conviction Relief Act (PCRA) petition. Post-conviction relief is for individuals who have exhausted all direct appeals or did not pursue appeals soon enough. You can only seek post-conviction relief on very specific grounds, such as ineffective assistance of counsel, constitutional rights violations, and newly discovered evidence that exonerates you.

What Are the Filing Deadlines for Post-Conviction Relief Petitions in Pennsylvania?

If you exhaust all direct appeals or miss the filing deadline for a direct appeal, our attorneys can see whether there is still time to seek post-conviction relief with a PCRA petition.

The filing deadline for post-conviction relief petitions is typically 1 year from the date the final judgment is entered in a case, which may be the date your last appeal was denied. This 1-year deadline is not necessarily set in stone, so do not think you are ineligible for post-conviction relief, even if it has been over 1 year since the final judgment was entered.

Get Our Help with Your Criminal Appeal in Pennsylvania

Call the Liberty Law Team at (215) 826-3314 for your free case review from our Philadelphia criminal defense attorneys.