Going through the criminal appeals process is incredibly stressful for everyone involved. Those who have received a criminal conviction may feel hopeless or like they are out of options. At Abramson & Denenberg, P.C., we understand how difficult the criminal process can be.

Those who have been convicted have the opportunity to appeal the conviction. If you have been convicted in a Pennsylvania court, you have a right to appeal your conviction. Successful appellants will see their convictions overturned. Not sure where to begin? Read our guide to the first steps in filing a criminal appeal.

Contact Our Experienced Philadelphia Criminal Appeals Lawyers

When it comes to overturning a conviction, time is of the essence. Defendants who have received a sentence have a limited window of time in which to file direct appeals and post-sentence motions. Not every appellate attorney in Philadelphia has the experience and skill required to succeed in criminal appeals.

At Abramson & Denenberg, P.C., our lawyers stand out due to our experience and successful track record with criminal appeals. Contact our Philadelphia criminal appeals attorneys today to schedule your initial consultation.

Criminal Appeal Deadlines in Pennsylvania

Appeal deadlines in Pennsylvania are short, and missing one can end your options. The main time limits are:

  • Post-sentence motion: generally due within 10 days of sentencing.
  • Notice of appeal to the Superior Court: generally due within 30 days of the sentence, or within 30 days of the order deciding a post-sentence motion.
  • Petition to the Supreme Court of Pennsylvania: generally due within 30 days of the Superior Court’s decision.
  • PCRA petition: generally due within one year of the date your judgment becomes final.

Deadlines depend on the facts of your case, so speak with a Pennsylvania criminal appeals lawyer as soon as possible.

Appealing a Criminal Conviction in Philadelphia

Are you a convicted defendant who believes that you did not receive a fair trial? If so, you have a right to seek post-conviction relief. Under certain circumstances, if there is evidence that you did not receive a fair trial, judges will reverse your conviction.

You can file appeals in state court or federal court. Our Philadelphia criminal appeals lawyers have been helping clients fight their wrongful convictions in Philadelphia for decades. We can help you fight your wrongful conviction and try to get your life back. If you were also the victim of a wrongful arrest or prosecution, you may have a separate civil claim. Learn more about malicious prosecution cases and our police misconduct practice.

Grounds for Criminal Appeals in Philadelphia

There are several reasons that take away a defendant’s right to a fair trial. The following are common grounds for appeals in criminal trials:

  • The judge in the trial court failed to give accurate jury instructions
  • The defendant had ineffective legal counsel that failed to provide the best possible defense to their crime. In Pennsylvania, these claims are usually raised in a PCRA petition rather than a direct appeal
  • New evidence has come to light that was overlooked at the trial court level. DNA evidence is a new type of evidence that has often come to light and resulted in freeing defendants who are wrongfully convicted
  • The prosecutor at the trial court level engaged in illegal actions or misconduct
  • Police officers acted unjustly or illegally during the investigation or trial
  • A witness perjured him or herself when the witness’s testimony was instrumental in the defendant’s criminal conviction

Types of Post-Conviction Relief in Philadelphia

Whether a court has found you guilty or you have pleaded guilty, you still have the right to appeal. If successful, a court could reduce your sentence or even reverse your conviction. There are many ways to approach post-conviction relief, including the following:

  • Appeals to a higher court
  • Post-trial motions
  • Post-sentence motions
  • Motions for extraordinary relief
  • Petitions under the Post Conviction Relief Act (PCRA)
  • Motions to modify a sentence
  • Claims of ineffective assistance of counsel
  • Newly discovered evidence

Other options that can help after a conviction include:

  • Expungements
  • Pardons
  • Motions for early parole
  • Motions to terminate parole or probation

The two main types of appeals are a direct appeal and a petition under the Post Conviction Relief Act (PCRA). Few criminal defense lawyers are prepared to take a case to appeals beyond the trial stage. Even fewer have experience appealing a criminal conviction in Pennsylvania.

How the Criminal Appeals Process Works in Pennsylvania

Every case is different, but most Pennsylvania criminal appeals follow these steps:

  1. Sentencing. The clock for post-sentence motions and appeals starts when the court imposes sentence.
  2. Post-sentence motion. Your lawyer may ask the trial court to reconsider the verdict or sentence.
  3. Notice of appeal. Your lawyer files a notice of appeal with the trial court within the deadline.
  4. Briefs and argument. Both sides file written briefs, and the appellate court may hear oral argument.
  5. Decision. The Superior Court affirms the conviction, reverses it, or orders a new trial or resentencing.
  6. Petition to the Supreme Court of Pennsylvania. If the Superior Court denies relief, you may ask the state’s highest court to hear the case.
  7. PCRA petition. After direct appeals end, a PCRA petition can raise claims that could not be raised earlier, such as ineffective assistance of trial counsel.

Direct Appeals to the Superior Court and Pennsylvania Supreme Court

The Superior Court of Pennsylvania is required to hear direct criminal appeals in a timely manner. When the Superior Court denies an appeal, the defendant has the legal right to ask the Supreme Court of Pennsylvania to review the case, although it accepts few appeals.

At Abramson & Denenberg, P.C., our lawyers have a deep understanding of each of the avenues of attack listed above. Our Philadelphia criminal appeals lawyers have the knowledge and experience with criminal procedure and criminal law to fight hard on behalf of our clients.

We know how to spot legal errors, win dismissal of convictions, obtain new trials, and succeed in getting our clients’ sentences reduced.

How a Criminal Appeals Attorney Can Help

A criminal appeals attorney plays a crucial role in guiding defendants through the complex appeals process after a criminal conviction. Their expertise can make a significant difference in the outcome of your case by identifying and challenging legal errors made during the original trial or sentencing. Here’s how a seasoned criminal appeals attorney can assist you:

  • Thorough Case Review: An appellate lawyer will meticulously review the trial record, including transcripts, evidence, and motions, to pinpoint any legal mistakes or violations of your rights that could form the basis for an appeal.
  • Legal Strategy Development: Using their deep knowledge of criminal law and appellate courts, the attorney will craft persuasive legal arguments tailored to the specifics of your case, aiming to obtain relief such as a new trial, reduced sentence, or even dismissal.
  • Filing and Deadlines: Appeals involve strict procedural rules and tight deadlines. A criminal appeals attorney ensures that all filings, including notices of appeal and post-sentence motions, are submitted correctly and on time to preserve your appellate rights.
  • Representation in Appellate Courts: The attorney will handle all communications and proceedings before appellate courts, such as the Superior Court and Pennsylvania Supreme Court, including preparing appellate briefs and presenting oral arguments if necessary.
  • Navigating Post-Conviction Relief: If direct appeals are unsuccessful, an experienced appeals lawyer can assist with filing petitions under the Post Conviction Relief Act (PCRA) or other post-conviction motions based on newly discovered evidence or claims of ineffective assistance of trial counsel.
  • Protecting Your Rights: Throughout the process, the criminal appeals attorney acts as your advocate, ensuring that your constitutional rights are protected and that you receive a fair appellate review.

By working with a knowledgeable criminal appeals attorney, you increase your chances of successfully challenging your conviction or sentence and obtaining the justice you deserve.

PCRA Petitions in Pennsylvania: Philadelphia Post-Conviction Relief Lawyers

Pennsylvania’s Post Conviction Relief Act gives defendants who have finished their direct appeals a way to challenge a conviction or sentence. Petitions under the Act are not appeals as of right. A petitioner generally must be serving a sentence of imprisonment, probation, or parole, and must show that the conviction or sentence resulted from one of the errors listed in the statute, such as a constitutional violation, ineffective assistance of counsel, or an illegal sentence. A PCRA lawyer in Philadelphia can tell you whether your claim fits.

If your appeal has been denied, you will only have a limited amount of time to file for post-conviction relief. A defendant must file his or her request for post-conviction relief within a year of the date the judgment becomes final in most criminal cases. The time limit is set by 42 Pa.C.S. § 9545.

The court will recognize exceptions to the one-year rule in limited situations, such as when government officials interfered with the filing, when the facts supporting the claim were unknown and could not have been discovered earlier, or when a new constitutional right has been recognized and applied retroactively. There are only a few limited grounds for relief, and the skilled lawyers at Abramson & Denenberg, P.C. will evaluate your case and advise you as to which grounds you might have for post-conviction relief.

Federal Appeals and Habeas Corpus

If you have exhausted your state court remedies, you may also be able to seek federal relief. A person in state custody can ask a federal court to review a conviction under 28 U.S.C. § 2254, which generally requires that you first exhaust your remedies in the state courts. A person convicted in federal court can move to vacate or correct a sentence under 28 U.S.C. § 2255, which carries a one-year limitation period. If you are looking for a Philadelphia federal appeal attorney, contact us to discuss whether federal review is available in your case.

You Need a Seasoned Philadelphia Appellate Lawyer on Your Side

Our experienced lawyers work hard to identify the mistakes made by the trial courts. We want to ensure that you have received due process. With decades of experience as appellate lawyers, our legal team is familiar with navigating appellate procedures.

We have successfully appealed all different types of criminal convictions in Philadelphia and the surrounding area. Learn more about our attorneys.

Frequently Asked Questions About Criminal Appeals in Pennsylvania

What is the deadline to appeal a criminal conviction in Pennsylvania?

A notice of appeal is generally due within 30 days of sentencing, or within 30 days of the order deciding a post-sentence motion. Post-sentence motions are generally due within 10 days of sentencing. Because these deadlines are short, contact a criminal appeals lawyer as soon as possible after sentencing.

What is the difference between a direct appeal and a PCRA petition?

A direct appeal asks a higher court to review errors in the trial record. A PCRA petition comes after direct appeals end and can raise claims that depend on facts outside the trial record, such as ineffective assistance of trial counsel or newly discovered evidence. A PCRA petition is not an appeal as of right.

Can I appeal if I pleaded guilty?

Yes, but the grounds are narrower than after a trial. Challenges after a guilty plea often focus on whether the plea was knowing and voluntary, the legality of the sentence, or the court’s jurisdiction. Speak with an attorney about the specifics of your plea.

Can I appeal only my sentence?

In many cases, yes. If your sentence was illegal or outside the sentencing guidelines, you may be able to challenge it through a post-sentence motion, a direct appeal, or a motion to modify the sentence.

How long does a criminal appeal take?

It varies. A direct appeal to the Superior Court often takes many months from the notice of appeal to a decision, and a PCRA petition or federal habeas case can add more time. Your attorney can give you an estimate based on your case.

Can I raise ineffective assistance of counsel on direct appeal?

In Pennsylvania, ineffective assistance claims are generally deferred to PCRA review under Commonwealth v. Grant, 813 A.2d 726 (Pa. 2002), with limited exceptions. Your attorney can tell you the best time to raise the claim in your case.

Do I need an attorney to file a PCRA petition?

You are not required to have one, but PCRA petitions are technical and have strict deadlines and limited grounds. An experienced post-conviction relief lawyer can identify the strongest claims and make sure the petition is filed on time.

Contact Our Criminal Appeals Lawyer Philadelphia Today

Your case may seem hopeless and you may be thinking there is nothing else you can do except to accept your prison sentence. Our criminal appeals attorney team knows how to find possible errors made by the trial court. We also have the legal skills to prepare persuasive appellate motions while working with any other needed evidence to prove your case.

At Abramson & Denenberg, P.C., we put our decades of criminal law experience to work for our clients. Facing a wrongful conviction can be devastating and have lifelong negative effects. Contact our criminal appeals attorney as soon as possible at 215-398-7066 to schedule your initial consultation today.