When criminal charges result in a guilty verdict, it is not necessarily the end of the road. In Pennsylvania, defendants who believe legal errors affected the outcome of their trial have the right to challenge that result through the appellate process, a structured system designed to review whether the law was applied correctly at the trial level.
If you or someone you know is facing the aftermath of a criminal conviction in Pennsylvania, it is critical to act quickly and work with a skilled legal team. At Rubin, Glickman, Steinberg & Gifford, P.C., we have more than 60 years of combined experience helping clients across Montgomery County, Bucks County, and surrounding southeastern Pennsylvania pursue post-conviction relief. Our criminal defense appeals lawyers are prepared to evaluate your case and identify every viable possibility for appeal.
What Does It Mean to Appeal a Criminal Conviction in Pennsylvania?
An appeal is not a new trial. It is a formal request that asks a higher court to review the record of your case and determine whether legal errors were made that may have impacted the verdict or sentencing. The appellate court does not hear new witness testimony or consider new evidence. Instead, it reviews transcripts, briefs, and the legal arguments presented by both sides.
Common grounds for a criminal appeal in Pennsylvania include constitutional violations, improper admission or exclusion of evidence, prosecutorial misconduct, ineffective assistance of counsel, and errors in jury instructions. Understanding which grounds apply to your situation is one of the first steps our criminal defense lawyers take when evaluating a potential appeal.
What Is the Difference Between a Direct Appeal and a PCRA Petition?
There are two primary avenues for post-conviction relief in Pennsylvania. A direct appeal must be filed within 30 days of sentencing and challenge errors that occurred during the trial itself. A Post Conviction Relief Act (PCRA) petition is filed after the direct appeal process concludes and is typically used to raise claims such as newly discovered evidence or ineffective assistance of trial counsel.
Both paths have strict deadlines and procedural requirements. Missing a filing deadline can permanently bar a defendant from raising certain claims, which is why retaining talented legal representation as soon as possible matters so much.
Which Courts Handle Criminal Appeals in Pennsylvania?
Pennsylvania has a multi-tiered appellate court system, and knowing how it is structured matters when planning your legal strategy. The Pennsylvania Superior Court handles most direct appeals in criminal cases. Above it sits the Pennsylvania Supreme Court, which has discretionary jurisdiction and typically hears cases involving major legal questions. Federal habeas corpus review may also be available in limited circumstances after state remedies are exhausted.
What Are the Possible Outcomes of a Criminal Appeal?
When a Pennsylvania appellate court rules on a criminal appeal, it has several options available. The outcome depends heavily on the nature of the error raised and whether the court determines that this error actually prejudiced the defendant’s rights.
Possible outcomes of a criminal appeal in Pennsylvania include the following:
- Affirmation: The conviction and sentence are upheld in full because the court finds no reversible error.
- Reversal: The conviction is overturned, and the charges may be dismissed entirely in certain circumstances.
- Remand: The case is sent back to the trial court with instructions to correct a specific error, which could lead to a new trial or resentencing.
- Modification: The court adjusts the sentence while leaving the conviction in place.
No specific outcome is guaranteed, and Pennsylvania courts generally require defendants to show not only that an error occurred, but also that it was not harmless. The sentencing guidelines in the American justice system play an important role in how courts assess whether trial-level errors had a material impact on the outcome.
Contact Rubin, Glickman, Steinberg & Gifford, P.C. to Discuss Your Criminal Appeal
Marc Robert Steinberg, named a Top 10 Criminal Defense Attorney in Pennsylvania by the National Academy of Criminal Defense Attorneys and a Pennsylvania Super Lawyer, leads our criminal defense practice with the depth of knowledge appellate matters demand. Our firm has earned U.S. News & World Report “Best Law Firm” recognition every year since 2010 and holds an AV rating from Martindale-Hubbell, which means you will be in good hands with our legal team.
If you believe errors were made during your trial or sentencing, time is not on your side. Whether you are exploring a direct appeal or post-conviction relief through expungement, our defense team is ready to review your case and outline your options. Reach out through our online contact form to schedule a consultation today.
