If you have been convicted of a criminal offense, or pleaded guilty to criminal charges, in the state of Pennsylvania, you may feel that your case is over. However, that is not necessarily the case. There are situations in which you may be able to appeal your criminal conviction, which can involve a range of crimes, from misdemeanors to felonies. Appeals are reviewed by an appeals court, which is responsible for determining if legal errors occurred. If the appeal is granted, your conviction may be overturned and you may avoid facing criminal penalties for that offense.
Under Pennsylvania state law, you may only appeal a conviction if certain circumstances exist. State law specifies that appeals may be filed if the state’s constitution or the Constitution of the United States was violated. Furthermore, the violation must have undermined the process so that the judge or jury could not reliably determine your guilt or innocence. Both parties submit a brief outlining their legal arguments to the appeals court. The appeals court gives careful consideration to whether procedural rules and legal requirements were followed.
Additionally, you may file an appeal on the grounds that you were ineffectively assisted by your legal representative. However, there must be more to this argument than just claiming that you were not happy with the representation that you received. Rather, you must prove that your attorney failed to represent you adequately. This may include having consistently filed paperwork late, made important decisions without consulting with you or was otherwise unprofessional, among other things. Objections made by a lawyer during trial are important for preserving issues for appeal.
There are situations in which you might have pleaded guilty not because you felt it was the right decision. Rather, you may have done so because of pressure from the authorities. Pennsylvania state law allows you to appeal a guilty plea if you were unlawfully persuaded to do so. This unlawful inducement must have caused you to plead guilty to a crime that you did not commit. A plea agreement is reached when the defendant agrees to plead guilty, often in exchange for a reduced sentence or charges. A plea deal or plea agreement can affect a defendant’s right to appeal. Prosecutors and the defendant may reach a plea deal, which can limit the grounds for appeal. Prosecutors play a key role in offering plea agreements and may be involved in appeals if misconduct is alleged.
Sometimes, evidence may turn up after your trial that could have affected the outcome of your case. This includes DNA that shows it was not you, but another person, who committed a crime. In such situations, you may be able to appeal the conviction based on that evidence. You may also be able to appeal your conviction if your sentence exceeds the maximum allowed under the law. Evidence obtained by police without a proper warrant can be challenged on appeal. A warrant is required for certain searches, and evidence obtained without a warrant can be excluded on appeal.
This post has provided an overview of criminal appeals in the state of Pennsylvania. However, you should keep in mind that each case is unique. Therefore, this should be taken only as general information and not as legal advice.
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Understanding Criminal Appeals
Criminal appeals are an essential safeguard in the Pennsylvania criminal justice system, giving defendants the opportunity to challenge their convictions and seek a new trial or a modification of their sentence. The criminal appeals process involves a thorough review of the original trial to determine if any legal errors occurred that could have influenced the outcome. Understanding the grounds for appeal and the appellate procedure is crucial for anyone navigating this complex process.
In Pennsylvania, the Superior Court is typically the first appellate court to review criminal cases, examining whether the trial court made mistakes that affected the verdict or sentence. If further review is needed, the case may be appealed to the Pennsylvania Supreme Court, which serves as the highest court in the state. The Supreme Court has the authority to set important legal precedents and ensure that justice is served in the most serious or complex criminal appeals. By understanding how the appeals process works, including the roles of the Superior Court and Supreme Court, defendants and their attorneys can better prepare for the challenges of seeking a new trial or a different outcome in their criminal case.
Initiating the Appeals Process
Starting the appeals process in Pennsylvania requires prompt and precise action. After a conviction or sentencing, a defendant must file a notice of appeal—usually within 30 days of the final judgment. This notice is a formal declaration to the court that the defendant intends to challenge the conviction or sentence. Missing this deadline can result in losing the right to appeal, so timely filing is critical.
In addition to the notice of appeal, defendants may file a post-sentence motion with the trial court. This motion allows the defendant to raise specific concerns about the trial or sentencing, such as errors in the proceedings or issues with the sentence imposed. The trial court will review and rule on these motions before the appeal moves forward. Throughout this process, working with an experienced attorney is vital to ensure that all necessary filings are completed correctly and on time. Properly navigating these initial steps sets the foundation for a successful appeal and helps protect the defendant’s rights throughout the appeals process.
Grounds for Appeal and Potential Outcomes
When appealing a criminal conviction in Pennsylvania, it is important to identify valid grounds for appeal. Common grounds include legal errors made during the original trial, such as the improper admission or exclusion of evidence, mistakes in jury instructions, or ineffective assistance of counsel. The appellate court will carefully review the trial record to determine if any of these errors occurred and whether they had a significant impact on the outcome of the case.
The potential outcomes of an appeal can vary. The appellate court may affirm the original conviction, meaning the verdict and sentence remain unchanged. Alternatively, the court could modify the sentence, reduce the charges, or vacate the conviction entirely, which may result in a new trial. In some situations, the appellate court may consider new evidence that was not available during the original trial, especially if it could have changed the verdict. Understanding the possible results and the specific grounds for appeal is essential for anyone seeking to challenge a criminal conviction in Pennsylvania.
Navigating the Appellate Procedure
The appellate procedure in Pennsylvania involves several key steps designed to ensure a fair review of the case. After the notice of appeal is filed, both the defense and prosecution submit written briefs to the appellate court. These briefs outline the legal arguments for and against overturning the conviction or sentence. In some cases, the appellate court may schedule oral arguments, where attorneys for both sides present their positions and answer questions from the appellate judges.
Appellate judges then review the briefs, the trial record, and any oral arguments before issuing a ruling. If the appeal is unsuccessful, the defendant may have the option to seek further review by a higher court, such as the Pennsylvania Supreme Court or, in certain circumstances, a federal court. Each level of appeal involves its own set of rules and procedures, making it important for defendants to have knowledgeable legal counsel guiding them through each stage of the appellate process.
Post Conviction Options
Even after the direct appeals process is complete, defendants in Pennsylvania have additional post-conviction options. One of the most important is the Post-Conviction Relief Act (PCRA) petition, which allows individuals to challenge their convictions based on new evidence, constitutional violations, or other grounds not previously considered. A PCRA petition must generally be filed within one year of the conviction becoming final, and it is submitted to the trial court for review.
The trial court will examine the petition and any supporting evidence before making a ruling. If the PCRA petition is denied, the defendant can appeal the decision to the Superior Court for further review. Other post-conviction options may include seeking a pardon or commutation of sentence from the Governor. Navigating these post-conviction processes can be complex, so it is essential to work with an experienced attorney to ensure that all possible avenues for relief are explored and that filings are completed accurately and on time.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
August 15, 2025
