All is not lost even after you are convicted of a criminal offense and your sentence is imposed, as you may be able to appeal the conviction and get a new trial, have the conviction reversed, or have your sentence modified.
Most criminal defendants have the right to appeal criminal convictions for certain errors during an original trial. Evidentiary errors, judicial errors, juror errors, prosecutorial errors, and ineffective assistance of counsel are all grounds for an appeal. You have very little time to file an appeal after a sentence is imposed, and our lawyers can begin working on your appeal immediately so you don’t miss the deadline. You can lose your right to appeal a criminal conviction, in which case other post-conviction relief methods might help.
Call the Liberty Law Team’s Philadelphia criminal defense lawyers now at (215) 709-7431 to get a free case assessment.
When Do You Have the Right to Appeal a Criminal Conviction in Pennsylvania?
You most likely have the right to appeal if legal errors during your trial lead to your criminal conviction. Our lawyers can review transcripts and evidence from your original case to identify mistakes that warrant an appeal, from incorrect evidentiary rulings to constitutional rights violations.
Evidentiary Errors
You can appeal a criminal conviction based on evidentiary issues, such as the judge allowing inadmissible evidence that the jury should not have seen. If the judge unfairly blocked important evidence that should have been used in your defense, our Bucks County criminal defense lawyers may also pursue an appeal on those grounds.
Judicial Errors
If the trial judge makes any mistakes during the trial that affect the outcome, such as wrong evidentiary rulings, incorrect or misleading jury instructions, or sentencing errors, you may be able to file an appeal of a recent criminal conviction in Pennsylvania and request a new trial or another outcome.
Ineffective Assistance of Counsel
You also maintain the right to appeal a criminal conviction for ineffective assistance of counsel if it impeded your right to a fair trial. Conflicts of interest, omitting important or exculpatory evidence, and failing to file motions to suppress inadmissible evidence may taint a criminal case and raise it to the level of ineffective assistance of counsel.
The Sixth Amendment grants you the right to effective assistance of counsel, so you may be able to get a new trial if your previous attorney majorly failed you.
Constitutional Rights Violations
Constitutional rights violations are common reasons for criminal appeals in Pennsylvania. Evidence obtained through illegal search and seizure, coerced confessions, or denial of defendants’ right to counsel should be blocked by the trial judge and kept out of the jury’s view. If illegally obtained evidence or other rights violations contribute to your conviction, we can pursue an appeal right away.
Prosecutor Misconduct
Misconduct on behalf of the prosecutor, such as suppressing exculpatory evidence, hiding deals with witnesses, using false testimony, or misconduct during the juror selection process, can affect the outcome of a criminal case and give the defendant grounds to appeal the conviction and request a new trial, sentence modification, or sentence reversal or vacation.
Juror Misconduct
Juror misconduct can taint a criminal case, and you should pursue an appeal if hidden biases, outside influences, or other rule violations are discovered.
How Long Do You Have the Right to Appeal a Criminal Conviction in Pennsylvania?
You only have a short period of time after the sentence is imposed in your case to pursue a direct appeal for a recent criminal conviction in Pennsylvania, so don’t wait to start an appeal immediately after you are convicted.
The first step in the appeals process is filing a post-sentence motion with the trial judge within 10 days of your sentence being imposed. With the post-sentence motion, you can request that the trial judge modify a sentence or address another mistake during the trial. A post-sentence motion is not an appeal made to a higher court but a request made of the trial judge.
You then have 30 days from the date the judge decides the post-sentence motion to file a notice of appeal. If you miss the deadline to file a post-sentence motion, you have 30 days from the date your sentence is imposed to file a notice of appeal in Pennsylvania.
Can You Lose Your Right to Appeal a Criminal Conviction?
Losing your right to appeal a criminal conviction can be devastating, so defendants need to know what puts them at risk of being ineligible for direct appeals.
You can lose your right to appeal a criminal conviction if you miss the deadline to file a notice of appeal in Pennsylvania. Also, if you accepted a plea deal, you most likely signed a waiver that precludes you from appealing the conviction or sentence in the future.
You generally cannot pursue a direct appeal if you plead guilty to criminal charges in Pennsylvania. There are exceptions to this rule, so don’t assume an appeal is completely out of the question, even if you pled guilty.
What if You Lose Your Right to Appeal a Criminal Conviction?
If you lose your right to appeal a criminal conviction, you are not out of options for relief and may still be able to get a judge to modify or vacate your sentence, order a new trial, or dismiss the charges altogether. You can also apply for post-conviction relief.
What is a PCRA?
Post-Conviction Relief Act (PCRA) petitions are a great tool when defendants exhaust all chances for direct appeals or somehow lose their right to pursue a direct appeal, whether because they pled guilty or missed the filing deadline.
You can seek post-conviction relief for many of the same reasons that you can file an appeal, as well as additional reasons, such as newly discovered exculpatory evidence.
Get Our Help with Your Criminal Appeal in Pennsylvania
For help with your case from our Delaware County criminal defense lawyers, call the Liberty Law Team at (215) 709-7431.