Upper Darby, PA Criminal Appeals Attorney

Although we hope for a good outcome, some criminal defendants are found guilty. As a defendant, you have the right to file a direct appeal with the help of your lawyer. If you were convicted, you can file an appeal in the hopes of changing your fate.

The appellate court reviews the trial record and transcript in search of legal errors that affected the case’s outcome. If the court finds legal errors, it may reverse your conviction and send the case back for a new trial. The appellate court will not hear new evidence, and there is often no witness testimony. Many appeals are decided largely on records and paperwork. While a direct appeal is common, you might also file an appeal under the Pennsylvania Post-Conviction Relief Act.

Get a free evaluation of your case from our criminal appeals attorneys by calling the Liberty Law Team at (215) 826-3314.

How Criminal Appeals Work

The appellate process differs significantly from the criminal trial. At the trial, attorneys presented evidence, witnesses, and oral arguments to the jury. The criminal trial’s purpose is for the jury to reach a verdict of guilty or not guilty. The appeal is designed to find errors in the trial that unfairly affected the verdict.

The appeal hearing requires a new court to review the trial case for errors. The appeal is not a new trial. Success at the appellate hearing does not mean you are free to go or that the charges are dismissed. Instead, the court may reverse the conviction and send the case back to the trial court for a new trial. At the new trial, the legal errors must be corrected, which could change the outcome.

How Criminal Appeals Courts Make Decisions in Upper Darby, PA

The appellate court does not hear any new evidence. In fact, the appellate court does not decide matters of guilt at all. Instead, the court will review the lower trial court’s records and transcripts for legal errors.

In some cases, appellate courts make decisions based only on trial court records. Defendants may not even need to appear for the appellate hearing. In more complex cases, the court might request the attorneys present oral arguments regarding the issues on appeal.

Only issues preserved for appeal are considered. For example, when an attorney objects to a judge’s ruling, their objection is preserved for appeal. The appellate court may review the objection and other issues for legal mistakes. Other issues might be preserved automatically. If our criminal appeals attorneys file a pretrial motion that the judge denies, the motion is automatically preserved for appeal.

When You Should File a Criminal Appeal in Upper Darby, PA

You must file a direct appeal within a specific amount of time. According to 210 Pa. Code Rule § 903(a), the general rule is that defendants have 30 days from the entry of the order from which the appeal is taken to file the appeal.

When this 30-day period begins varies based on what happens after a conviction. After the judge sentences a defendant, the defendant can file a post-sentence motion requesting that the judge reexamine specific issues and determine if the conviction or sentence is wrongful or incorrect. This is not a direct appeal. If a post-sentence motion is filed, you may have 30 days from the date the motion is decided.

If no post-sentence motion is filed, the appeal must be filed within 30 days of the court’s judgment of sentence against the defendant.

Appeals Under the Pennsylvania Post-Conviction Relief Act

You may have appellate options beyond the direct appeal. In some cases, defendants may file an appeal under the Pennsylvania Post-Conviction Relief Act (PCRA). However, PCRA appeals tend to be limited and only apply to certain legal issues.

According to 42 Pa.C.S. § 9545(b), an appeal under the PCRA must be filed within 1 year of when the judgment becomes final. If you file a direct appeal, the judgment becomes final when the direct appeal process is complete. If you do not file a direct appeal, the judgment is final when the defendant is sentenced.

According to § 9543(a)(2), only a select few issues may be raised in a post-conviction relief petition:

• Constitutional violations
• Ineffective assistance of counsel
• Unlawfully induced guilty pleas
• Obstruction of your right to file a direct appeal by government officials
• New exculpatory evidence that was unavailable at the time of the trial
• The imposition of a sentence greater than the legal maximum and
• Lack of jurisdiction.

What Happens After an Appeal?

There are multiple possible outcomes of an appeal. Remember, a successful appeal does not guarantee that you will avoid a conviction.

First, the court might find no legal errors in your trial, and your conviction may be upheld. Alternatively, they might find that the errors were harmless and did not affect the outcome of the trial. At this point, you should discuss other possible appeal options with your lawyer.

If your appeal is successful, the court may remand your case for a new trial. At your new trial, the court must correct the legal errors found in the appeal. In some cases, juries reach a different verdict, and defendants may avoid a conviction the second time around. In others, juries might still convict.

In rare cases, prosecutors may drop the charges rather than pursue a new trial. The prosecutor might drop the case if they have very little chance of winning at the new trial. For example, if the appellate court finds that the prosecutor’s key evidence was illegally obtained and should not have been admitted, there may be little chance of securing a conviction at a new trial, and the prosecutor might drop the charges.

Get Help Now by Calling Our Upper Darby, PA Criminal Appeals Lawyers

Get a free evaluation of your case from our criminal appeals attorneys by calling the Liberty Law Team at (215) 826-3314.