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) 709-7431.

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.

How Do You 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.

When Can You 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 You 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 You Prove Your 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 You 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 Your 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 You Have to Go to Jail or Prison While Your 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 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) 709-7431.