When Can You Appeal a Criminal Conviction in Pennsylvania?

Are you facing a criminal conviction? Do you believe your trial was mis-handled, your case misrepresented, or your chance at a fair trial was stolen from you? A criminal conviction appeal could be a way to regain that fairness and potentially even have your sentence reduced or altered. However, this appeal process is not straightforward, and you must act promptly after conviction. Don’t waste any time, call Marinaro Law today to learn how we can help you succeed during your criminal conviction appeal process.

When Can I File a Criminal Appeal?

Imagine that you have been sentenced. Now, you have 10 days to file a motion to appeal. Once the trial court has received your criminal conviction appeal, you then have 30 days to file the notice of appeal. These deadlines are relative to your sentencing, and your time will be very limited, particularly if your sentence involves jail time. Appeals should be filed as soon as possible, but you should be sure that you have the grounds for an appeal.

Do I Have Grounds for a Criminal Appeal?

The essence of a criminal appeal is an assertion to a higher court that the lower court did not handle your criminal case appropriately. This mishandling might be due to any number of reasons, from your own counsel to errors made by the prosecution. The appellant, you, or your appeal lawyer must show that the lower court made an error during the trial that affected the outcome. The primary grounds for appealing a criminal case after sentencing include:

• Judge Allowing Tainted or Inadmissible Evidence
• Misconduct by Jurors or Prosecutors
• Conviction Unsupported By Evidence
• Ineffective Counsel
• Errors by the Trial Judge During Jury Instruction
• Sentencing Errors Including Excess of Legal Maximums

The legal process is a complex process, but each step is designed to provide all parties involved with every opportunity to protect their rights. A criminal conviction appeal process should be considered as a tool to ensure fairness and consistency in the courts.

How Does the Criminal Appeal Process Work?

Criminal appeals in Pennsylvania are fairly straightforward, with four general steps:

1. Filing a Motion

After conviction, your first step is to file an appeal, as stated above. After filing, the appeals court may take up to 120 days to respond to the motion. The judge will rarely overturn a ruling, but will issue a written opinion in the form of a 1925(b) opinion.

2. Submitting Notice Of Appeal

After receiving this opinion, your formal notice of appeal needs to be filed within 30 days. Your case will be transferred to an appellate court, and you will have to file documents such as an appellant brief and a Statement of Errors Complained of on Appeal.

3. Sending the Appellate Brief

The appellate brief will comprehensively lay out your appeal and the legal arguments regarding your trial. The appellate court’s own brief then responds to this. A panel of three judges will consider both briefs in addition to the court record.

4. Appeal Judges Opinions

Finally, each of the three judges will respond with an opinion on your criminal conviction appeal case. Three judges participate, so that there are no ties to be broken – majority ruling wins and is given. This is typically the final step in the Pennsylvania appeals court.

Note that this is not a retrial; this is purely an examination of the original trial to determine whether some mistakes or errors biased the lower court against you. This means that you cannot submit new evidence, new witnesses, or question witnesses – the appeals process is purely focused on the legal process and ensuring you were given a fair trial.

Why the Marinaro Law Firm Can Best File Your Appeal

Your appeal must be robust and concrete to withstand the appeals process. Trial errors are serious matters that require trained professionals’ expertise to handle appeal cases effectively. It isn’t enough to know the trial process; a successful appeals lawyer will know where the most common mistakes and errors are made, and can examine your unique situation to create an argument that will give you the best chances at a successful appeal. The most common outcomes of an appeal include:

• Affirmation of the original conviction and sentence
• Reversal or overruling of the trial court’s decision
• Remanding the trial, returning the case for a retrial, resentencing, or reconsideration based on the appellate court’s finding
• Modification of a sentence

The appellate court has many options for its decision, and while affirmation of the original conviction is common, a strong appeals lawyer can leverage your case and their legal experience to produce the best outcome for your case.

Contact Marinaro Law

Criminal conviction appeal isn’t simple, but it isn’t out of reach either. If you think there is even a slim chance that you might have the opportunity to reduce your sentencing, you should take it, and you should take the opportunity with a legal expert on your side.

Call the Marinaro Law office to get the legal counsel you need when navigating the appeals process. When you are facing jail time, financial burden, or other legal ramifications, you deserve the chance to question how and why that determination occurred. Contact us today for the help you need!