Montgomery County Appeals Attorney
Experienced Criminal Defence Appeal Attorneys Help Clients Appeal Convictions in Montgomery County and Bucks County, PA
An unfavorable outcome in a criminal trial does not have to be the final verdict. After all, there are many reasons why a particular verdict was rendered. If errors were made by your attorney, the judge, the jury, or other parties resulting in an adverse outcome, you might have grounds for an appeal.
At Rubin, Glickman, Steinberg & Gifford P.C., our team of appeals attorneys offers knowledgeable legal representation for a wide range of criminal defense appeals. We have practiced extensively in appellate courts throughout the region and have a proven track record of successful results for our clients.
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Skilled Assistance with a Complex Criminal Appeals Process in Montgomery County, PA
Criminal defense appeals can be complicated, as appellate courts’ rules and procedures are different from those of criminal trial courts. In handling your defense appeal, we will carefully review the trial transcript to identify errors made at the time of the trial.
Appealing a case is a complex process that requires attorneys who are well-versed in combing through every minute detail of the trial transcript. Because there are numerous avenues to submitting an appeal, we typically review the trial transcript multiple times to ensure that no legal stone is left unturned.
Our criminal defense appeals lawyers in Montgomery County, PA, will serve you as a team, which has an essential benefit in a criminal defense appeal. With more sets of eyes reviewing your trial’s details, we can better find errors and omissions that may call for an appeal. We will do everything in our power to help you achieve a favorable result on appeal
How Does the Appeals Process Work in Pennsylvania?
If you are found guilty of a crime in Montgomery County, you can appeal that verdict. That means you can request a higher court to examine the lower court or the jury’s ruling to convict you. The higher court can also assess whether the punishment imposed was appropriate.
To appeal a criminal conviction, you must file a Notice of Appeals with the Superior Court of Pennsylvania within 30 days of being sentenced. In some cases, you must first file a post-sentencing motion with the trial court, which you must carry out within ten days of sentencing. Should the trial court deny the motion, you have 30 days to file a Notice of Appeal. The 30-day deadline is one of the reasons timing is so essential when filing an appeal and choosing the right attorney for the case.
A successful appeal can either end the case entirely or, at the very least, restore it to its initial stages. If the second outcome is granted, this allows your legal team to mitigate whatever circumstances generated the appeal in the first place.
Is an Appeal Possible if Prosecutorial Misconduct Exists?
According to a report by the Innocence Project, the existence of prosecutorial misconduct in a person’s trial can lead to verdict reversals or remanded indictments. In order for this to happen, the appellant (the convicted person) must show evidence of the misconduct and demonstrate that it resulted in a harmful error.
The Innocence Project notes that pursuing these types of appeals can be challenging. The organization illustrates this point by citing a national study performed by the Center of Public Integrity, which found that appeals alleging prosecutorial misconduct resulted in determinations of harmful error in only 17.6 percent of cases. The Innocence Project also comments on the difficulty of identifying cases of prosecutorial misconduct that involve the suppression of exculpatory evidence, as these are by definition instances in which facts were hidden.
Our law firm understands the challenges posed by initiating an appeal. Because of this, we represent our clients with defense teams as opposed to individual assigned attorneys. By having multiple lawyers review client cases, we improve our chances at discovering any omissions or errors that may amount to grounds for an appeal.
What Are Common Grounds for a Montgomery County Appeal?
Although criminal appeal issues can be complicated, experienced Montgomery County appeals attorneys from Rubin, Glickman, Steinberg & Gifford working on your behalf will recognize all of the grounds that substantiate an appeal.
Examples of errors that may be grounds for an appeal include:
- Ineffective counsel by your attorney, either at trial or during plea bargaining
- The judge unjustly barred evidence that would have helped your case
- The judge allowed evidence that was damaging to your case and violated your rights
- The judge allowed the prosecution to argue against standards of Criminal Procedure
- The judge did not examine crucial information in the case
- The imposed sentence was excessive or inappropriate for your conviction
- Law enforcement or prosecutorial misconduct
- The judge overlooked constitutional violations
- Evidence of jury tampering
- The prosecution’s witness committed perjury
While these are the most common examples, this is not an exhaustive list. Each case is different, and we determine the ability to file an appeal based on your specific circumstances. As such, your Montgomery County appeals lawyer may investigate these and other potential legal grounds for an appeal of your conviction or imposed penalty.
How Long Does the Complete Appeal Process Take in Pennsylvania?
The appeal timeline depends on your case and the grounds under which the appeal is filed. In some instances, it may take a few weeks or months following the initial filing if the appeal is quashed or disposed of by judicial order.
Once your Montgomery County appeals lawyer submits and argues an appeals brief (if applicable), the court must still render its opinion. In Pennsylvania, it could take up to a year before the final order is submitted. The timeline depends on the legal system’s movement and the appellate courts’ caseload at the time of submission.
Will My Pennsylvania Appeal Be Successful?
When it comes to the success of a criminal appeal, the likelihood of success depends on a wide array of factors. For instance, if the order is not appealable or is not filed in a timely manner, it will be quashed. This is one of the reasons working with a knowledgeable Montgomery County appeals attorney is critical. Those unfamiliar with the process or the nuances of the Pennsylvania legal system may end up getting an appeal quashed based solely on a procedural issue.
Another factor that plays a role in the success of an appeal is whether it is based on a matter of law or fact. The appellate courts are usually more likely to grant an appeal for a legal error than a factual one. Case specifics also play a role, which is another area where experience plays an important role when hiring a defense attorney. Someone who knows the system and has first-hand knowledge of the types of cases most likely to result in a successful appeal can offer sound legal guidance on the entire process.
Schedule Your Free Consultation with an Experienced Criminal Appeals Attorney in Pennsylvania
Are you seeking a criminal defense appeal? Do you feel you’ve been wrongly or unfairly convicted of a crime? Have you received an excessively harsh sentence on a criminal charge in Montgomery County or throughout Southeastern Pennsylvania. In that case, you may be unsure of your legal possibilities for appeal. Even if you don’t know if this is the right path for you, obtain legal advice from a qualified criminal appeals attorney in Pennsylvania to help you make the best decision for your situation.
Our criminal defense lawyers at Rubin, Glickman, Steinberg & Gifford, P.C. uncover all potential grounds for an appeal in your case and work tirelessly to see your flawed conviction overturned. With over 270 cumulative years of experience litigating a broad spectrum of complicated issues for our valued clients in criminal defense, you can rest assured that we have the skills and familiarity with appellate work that many criminal defense attorneys do not possess.
To schedule a free consultation with an experienced appeals lawyer, call 215-798-7081 or complete a contact form. We are located right off Route 309, in Colmar, Hatfield Township, and offer free and convenient parking. We also have an office located in Newtown, PA, and can meet with you at your home or hospital if you cannot travel. Get in touch today!