As a defendant, you have a right to file an appeal if you are convicted in criminal court. While appeals are known for being time-consuming, many defendants can get a new trial and a second chance to fight their charges. Call an attorney to help you file your appeal immediately.

Most defendants start with a direct appeal. You may claim various legal errors in a direct appeal if they have been properly preserved for appeal by your attorney. If the direct appeals process does not work out, we can file a petition under the Pennsylvania Post-Conviction Relief Act (PCRA). This is a collateral appeal that addresses legal issues arising outside the courtroom, but only very specific issues may be included in your PCRA petition.

Talk to our criminal appeals lawyers to get a free, private case evaluation by calling the Liberty Law Team at (215) 826-3314.

What Legal Errors Can I Argue on Direct Appeal?

A direct appeal may be taken as a matter of right. When we file your direct appeal, we may claim any number of legal errors that we believe happened during your trial affected the outcome. We must act quickly. In Pennsylvania, we only have 30 days from the entry of the court’s order to submit a notice of appeal.

Admission of Illegal Evidence

Perhaps one of the most common legal errors that happens in a criminal trial is the incorrect admission of inadmissible evidence. Prosecutors may have all sorts of evidence they want to use against you, but not all of it may meet the requirements set in the Pennsylvania Rules of Evidence. Our criminal appeals lawyer can take the issue to the appellate court if your attorney at your trial tried to suppress inadmissible or illegal evidence, but the court incorrectly ruled against them.

Improper Jury Instructions

Before jurors are permitted to deliberate about a case, they must be instructed by the judge on how to interpret the law and apply it to the facts of the case. These instructions are crucial, as they could color a jury’s perspective on the case. If the jury is instructed in a way that does not comport with established law or unfairly prejudices them against you, we can appeal the jury instructions and seek a new trial with a new jury.

Due Process Violations

Due process encompasses a wide variety of legal rights that tend to revolve around your right to a fair trial and fair legal proceedings. If any errors or mistakes constitute a due process violation, we must file an appeal. Common examples include being deprived of the right to cross-examine witnesses or evidence, unnecessary delays in your case, or being prevented from seeking legal counsel.

How is a Collateral Appeal Under the Post-Conviction Relief Act Different?

A collateral appeal involves legal errors or mistakes that are not necessarily within the trial court’s record. These are often issues outside the court’s control, but ones the court may still work to correct.

Collateral Appeal vs. Direct Appeal

An appeal under the Post-Conviction Relief Act (PCRA) is a collateral appeal that may be filed after your direct appeals are exhausted. It addresses various legal issues that are not in the trial court’s record. A direct appeal, on the other hand, deals with legal errors that occurred within the court’s record and may be reviewed by reviewing the trial court’s transcripts.

Limited Grounds for Appeal

A petition filed under the PCRA may include several grounds for appeal, including the following:

• Ineffective assistance of counsel
• Constitutional violations
• Prosecutorial misconduct
• New evidence that was unavailable at the time of the initial trial
• Unlawful sentencing
• Unlawfully induced guilty pleas
• Lack of jurisdiction

Time to File

Your time to file a PCRA petition is much longer than your time to file a direct appeal. Your PCRA petition must be filed within 1 year of when the judgment against you becomes final. Not only that, but your petition is not filed with an appellate court. Instead, PCRA petitions may be filed with the same court that heard your case, and the judge who presided over the case may review it.

FAQs About How to File an Appeal After a Criminal Trial in Lancaster, PA

How Long After a Conviction Can I File an Appeal?

Direct appeals must be filed promptly, as defendants have only 30 days from the entry of the court’s order to file their notice of appeal. A PCRA petition may be filed much later. In Pennsylvania, PCRA petitions must be filed no later than 1 year after the judgment against the defendant becomes final.

How Are PCRA Appeals and Direct Appeals Different?

A direct appeal involves legal errors or issues that arose during the trial and are generally within the trial court’s record. A direct appeal must be filed promptly and heard by a higher appellate court. A PCRA petition is considered a collateral appeal and involves legal issues or errors outside the trial court’s record, such as ineffective assistance of counsel or the discovery of new evidence. A PCRA petition is usually reviewed by the same judge who presided over the initial trial, not by an appellate court.

Do I Have to File a Criminal Appeal?

No. You are not required to file a direct appeal or a PCRA petition. However, you have a right to file an appeal, and doing so can only help you. If your appeal is ultimately denied, your situation cannot be made any worse for it. However, you could get your conviction reversed and a new trial. Also, you do not have to file a PCRA petition, but you absolutely should if you believe your rights were somehow violated.

Can I File a Criminal Appeal if I Accepted a Plea Agreement?

Yes, but your appeal options may be more limited. If you accepted a plea agreement, you waived your right to a trial. Since there was no trial, there are no legal errors you can claim that could have affected the trial. However, you may claim legal issues that you believed resulted in an illegal or unlawfully induced plea agreement.

How Many Criminal Appeals Can I File?

Generally, you are entitled to file one direct appeal after being convicted of a crime. However, if your appeal is denied, you may appeal to a higher court until your options are exhausted. You may file more than one PCRA petition, but they all must be filed within the same 1-year limitation period.

What Happens if My Appeal is Successful?

If your direct appeal is successful, your conviction may be reversed. In many cases, this means that the case is remanded to the trial court for a new trial, where the legal errors from before must be corrected. If a PCRA petition is successful, you may get a similar outcome. You could receive a new trial or a modified sentence, depending on the legal errors you included in your petition.

Do I Have to Wait in Jail if I File an Appeal?

Generally, yes. While an appeal is pending, you must continue to serve your sentence. If you were sentenced to jail or prison, you must remain behind bars while your appeal winds its way through the court. This is a major reason you need a lawyer to help with your appeal. It may be extremely difficult to handle your appeal from behind bars, and your attorney can help you from the outside.

Contact Our Lancaster, PA Criminal Appeals Lawyers for Help with Your Case Today

Talk to our criminal appeals lawyers to get a free, private case evaluation by calling the Liberty Law Team at (215) 826-3314.