Criminal trials can be intimidating, but you always have a right to defend yourself, including after a conviction. If you are convicted of a crime, your attorney can help you file an appeal. On appeal, we may bring the court’s attention to certain legal errors we believe occurred at trial and, hopefully, obtain a new trial.

Most appeals are direct appeals, and they must be filed very quickly after a conviction. Generally, a convicted defendant must file a direct appeal within 30 days of the entry of the order against them. In less common scenarios, convicted defendants may file a collateral appeal, such as a petition under the Post-Conviction Relief Act, within 1 year. This kind of appeal is more limited but can help defendants correct grievous mistakes that lead to unfair trial outcomes.

If you were convicted of a crime, call our criminal appeals attorneys with the Liberty Law Team immediately at (215) 826-3314.

What is a Direct Appeal in a Criminal Case?

A direct appeal is perhaps the most common way that convicted defendants appeal their cases. It is also usually the first appeal filed, and your attorney may need to act quickly.

When to File a Direct Appeal

In Pennsylvania, a direct appeal must be filed quickly. The notice of your appeal must be filed in the Pennsylvania Superior Court within 30 days of the date of the trial court’s entry of the order. This date is often the date you are formally sentenced, but it might be later if you filed any post-trial motions.

Note that the notice of your appeal is not the appeal itself. It is the formal notice that you will be submitting your appeal to the court. After filing the notice, the court will ask you to submit a statement of errors that you claim occurred during the trial. This is the document that should describe what our criminal appeals attorneys believe went wrong and why you deserve a new trial.

Legal Errors in a Direct Appeal

A direct appeal may contain claims for numerous legal errors that occurred during your trial. The key is that your attorney must preserve these issues for appeal when they occur. This is often done by filing motions or raising objections. If your attorney does not object when something goes wrong, the issue cannot be included in your direct appeal.

Common legal errors include the admission of unlawful evidence, improper jury instructions, illegal sentencing, due process violations, and more.

What Happens After a Direct Appeal?

After filing a direct appeal, it is heard by the Pennsylvania Superior Court. If the appeal is successful, you may be granted a new trial. If not, you can appeal the case further to the Pennsylvania Supreme Court.

When Should I Appeal Under the Post-Conviction Relief Act?

A PCRA petition is considered a collateral appeal, not a direct appeal, as it deals with issues that occur outside the scope of the court. The time to file is much longer, and defendants often file PCRA petitions after their direct appeals have been exhausted.

Limited Grounds for Appeal

The grounds for filing a PCRA petition are very limited and may apply only to the following circumstances:

• Ineffective assistance of counsel
• Prosecutorial misconduct
• Unlawfully induced guilty pleas
• Constitutional violations
• Newly discovered evidence that was unavailable or could not have been obtained at the time of the initial trial
• Illegal sentencing
• Improper jurisdiction

When to Appeal Under the PCRA

A convicted defendant must file a PCRA petition no later than 1 year after the judgment becomes final. It is possible to file subsequent PCRA petitions if you realize new legal errors as time goes on. However, all petitions, including subsequent ones, must be filed within the 1-year limitation period.

FAQs About Filing a Criminal Appeal in Reading, PA

How Long After a Criminal Trial Should I File a Direct Appeal?

A direct appeal happens very quickly after a trial. In Pennsylvania, a defendant and their attorney must file a direct appeal within 30 days of the court’s entry of the order from which the defendant is appealing. This may be the date that you are sentenced or the date that all post-trial motions are completed.

When is it Necessary to File an Appeal Under the Post-Conviction Relief Act?

A PCRA appeal is not a direct appeal but a collateral appeal. It may be necessary if you believe errors or issues outside the initial trial affected the case. For example, if you believe your attorney during your trial was ineffective to the point that your right to legal counsel was violated, you may file a PCRA petition with the court.

What Legal Errors Can I Include in a Criminal Appeal?

In a direct appeal, you may include numerous legal errors as long as they have been properly preserved for appeal. Anytime you file a motion with the court that is denied, or your attorney objects, that specific issue may be preserved for appeal. The admission of inadmissible evidence, improper jury instructions, or due process violations are common in direct appeals.

Do I Need a Lawyer to File an Appeal?

Yes. Appeals are usually filed after a defendant has been sentenced, and you might be behind bars while your appeal is pending. It may be too difficult to prepare and file your appeal from jail. You might also not fully understand what legal errors occurred during your trial. However, your lawyer should have the skills and knowledge to file and handle your appeal.

Do I Need a New Lawyer to File a Criminal Appeal?

Maybe. If you are unhappy with your lawyer who represented you during your trial, you can have a new lawyer represent you during your appeal. This may be necessary if your appeal involves claims for ineffective assistance of counsel, which is common in PCRA petitions.

What Happens if Appeals Court Approves My Claims?

If your direct appeal is successful at the appellate court level, the appellate court may reverse your conviction and remand your case back to the trial court for a new trial, where the legal mistakes complained of on appeal must be corrected. You may receive a similar outcome after a successful PCRA petition.

Will There Be a Hearing After I File a Criminal Appeal?

Possibly. Some appeals are decided based solely on the filings. However, if the issue is complex or the court is otherwise interested in hearing arguments from your attorney, there may be a hearing scheduled.

Discuss Your Case with Our Reading, PA Criminal Appeals Attorneys

If you were convicted of a crime, call our criminal appeals attorneys with the Liberty Law Team immediately at (215) 826-3314.