What Does It Mean to File a Criminal Appeal in Pennsylvania?
Filing a criminal appeal in Pennsylvania means that you are formally requesting a higher court to review and potentially overturn the decision of a lower court. This is not a re-trial or an opportunity to present new evidence. Instead, an appeal focuses on legal errors that may have occurred during your trial which could have affected the outcome.
Why Would I Consider Filing a Criminal Appeal?
There are several reasons why you might consider filing a criminal appeal. Perhaps you believe there was a significant legal error made during your trial, or maybe you feel your sentence was excessively harsh given the circumstances of your case. It could also be that you believe your original legal representation was inadequate. Whatever the reason, an appeal is not a guarantee of a different outcome, but rather a chance to argue that the legal process was flawed in some way.
What Are the First Steps in Filing a Criminal Appeal?
The first step in filing a criminal appeal in Pennsylvania is to hire an experienced attorney who specializes in appellate law. This is not a process you should attempt to navigate on your own. An attorney will be able to guide you through the complex legal landscape, helping you understand your rights and the best course of action for your specific case.
What Are the Grounds for a Criminal Appeal?
The grounds for a criminal appeal are not based on dissatisfaction with the verdict or sentence. Instead, they must be based on legal errors that occurred during the trial. These mistakes would likely be substantial enough to influence the trial’s result.
Common grounds for a criminal appeal include but are not limited to, improper admission or exclusion of evidence, errors in the jury instructions, prosecutorial misconduct, and ineffective assistance of counsel. For instance, if key evidence was wrongfully excluded or admitted, it could challenge the fairness of the trial.
Additionally, if the jury was not properly instructed on the legal principles necessary to determine guilt or innocence, or if the prosecutor made prejudicial statements that could influence the jury’s impartiality, these could form the basis for an appeal. If the defense attorney did not competently represent the defendant, it could be grounds for an appeal based on claims of ineffective assistance of counsel.
What Are the Common Mistakes in Filing a Criminal Appeal?
Filing a criminal appeal involves a complex process with numerous potential pitfalls. One common mistake is missing the deadline for filing the notice of appeal. As previously stated, this needs to be completed within 30 days of the final judgment being entered. Failing to meet this deadline may lead to the dismissal of your appeal.
What Is the Timeline for a Criminal Appeal?
The timeline for a criminal appeal in Pennsylvania can differ based on the case’s complexity and the court’s schedule. However, there are certain deadlines that must be adhered to.
Typically, the initial step in the appeals process involves submitting a notice of appeal to the trial court. This action must be completed within 30 days following the entry of the judgment or order being appealed. Missing this deadline may result in the loss of the right to appeal. Once the notice of appeal is filed, the appellant (the party appealing the case) is required to file a brief outlining the reasons for the appeal and the legal arguments supporting it. The deadline for this filing is usually 40 days after the notice of appeal is filed.
Following this, the appellee (the party opposing the appeal) has the opportunity to file a response brief, typically within 30 days of receiving the appellant’s brief. The court may then schedule oral arguments where both parties can present their cases in person to a panel of judges.
After oral arguments, the timeline for a decision varies. The court takes the matter under advisement, and the judges will deliberate and eventually issue a written opinion that explains their decision. This can take several months depending on the complexity of the issues raised and the court’s caseload.
What Are the Potential Outcomes of a Criminal Appeal?
There are several potential outcomes of a criminal appeal in Pennsylvania. The appellate court could affirm the decision of the trial court, meaning that the original verdict and sentence stand. Alternatively, the court could reverse the decision, which could result in a new trial or even a dismissal of the charges.
What Happens After the Appeal is Filed?
Once the appellate brief is filed, the prosecution will have the opportunity to respond with their own brief. After both sides have submitted their briefs, the appellate court may schedule oral arguments. During these arguments, both sides will have a set amount of time to present their case to the judges.
What Role Does the Appellate Brief Play in a Criminal Appeal?
The appellate brief is a document that outlines the legal errors that occurred during the trial and argues for a reversal of the decision. It’s a critical part of the appeals process and requires strong legal writing skills.
Can I Present New Evidence in a Criminal Appeal?
In general, you cannot present new evidence in a criminal appeal. The purpose of an appeal is not to retry the case, but to review the legal proceedings of the trial court for significant errors. The appellate court’s decision will rely on the trial court record, the appellate briefs, and the oral arguments.
How Can an Attorney Help with My Criminal Appeal?
A seasoned lawyer can assist in pinpointing the most compelling reasons for an appeal, craft a compelling appellate brief, and present persuasive oral arguments. They understand the intricacies of Pennsylvania law and can navigate the complex legal procedures involved in an appeal.
Call Abramson & Denenberg today at 215-398-7066.