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Pennsylvania Criminal Conviction Appeals Lawyer
If you’re grappling with the aftermath of a criminal trial, it’s essential to know that a conviction isn’t the end of the road. Being charged and convicted can be harrowing, with the potential of facing years in prison looming large. But, there’s hope on the horizon—appealing your conviction might secure a new trial and a much-needed fresh start.
If you suspect that your trial wasn’t fair, it’s time to get in touch with a seasoned Pennsylvania appeals Pittsburgh criminal lawyer. We’re ready to scrutinize your trial’s proceedings to identify if an appeal would be a viable option for you. Reach out to Logue Law Group by dialing 844.PITT.DUI and we’ll arrange a confidential, no-cost legal consultation to discuss your appeal possibilities.
Understanding Appeals in Criminal Cases in Pennsylvania
Every criminal defendant has the fundamental right to challenge their sentence through an appeal. This stands unless you agreed to give up certain appellate rights while entering a plea bargain. Here’s what you should know:
- Appeals Aren’t Retrials: It’s crucial to understand that an appeal is fundamentally different from a trial. Instead of retrying the case, an appeal requests a higher court to scrutinize your initial trial for any legal errors that could have occurred.
- No New Evidence: Generally, appeals don’t involve presenting new evidence or debating your guilt or innocence. They focus on reviewing the trial record to spot mistakes in the legal process.
- Preservation of Issues: Many arguments presented during an appeal must have been flagged during the trial. This means that any concerns about the trial process must have been formally objected to at that time, so they can be legitimately raised during the appeal.
The Appeal Procedure in Pennsylvania
The clock starts ticking on your right to an appeal soon after conviction. Here’s a quick guide to the timeline and steps involved:
- 30-Day Window: Typically, there’s a 30-day deadline to initiate a direct appeal post-conviction. Missing this critical period can forfeit your right to appeal, barring exceptional circumstances.
- Notice of Appeal: Alongside filing for an appeal, we’re also responsible for alerting the trial court about your intention to appeal.
- Writing the Appeal Brief: Our next step is drafting a compelling brief detailing all legal arguments supporting your appeal, derived from the trial’s events and strategizing for a successful appeal process.
Consulting with our experienced appellate Pittsburgh PFA attorney is vital to navigating these complex waters. Don’t hesitate to contact us to discuss your case in detail and start working on your pathway to justice.
Remember, your fight for a just verdict doesn’t have to stop with a conviction. Understanding your rights and the intricate appeals process in Pennsylvania is the first step toward potentially overturning unjust outcomes.
Understanding the Appeals Process in Pennsylvania
When faced with a conviction in Pennsylvania, you have the right to initiate an appeal. This process is crucial and time-sensitive, starting right after your guilty verdict is handed down. Here’s a step-by-step run-down of what to expect, selective options for appealing, and how our Pittsburgh traffic lawyer can assist you.
Initiating a Direct Appeal
- Deadline: Act fast as you only have 30 days post-conviction to file a direct appeal. Missing this critical deadline could forfeit your chance to appeal, barring exceptional circumstances.
- Notification: Once the appeal is filed, we’re responsible for informing the original trial court—this is known as serving notice.
- Legal Foundation: The centerpiece of your appeal is the legal brief, which we meticulously draft to outline your appeal. It’s a document crafted based on your trial’s specifics and our strategic approach to your appeal. We might challenge the suitability of the judge’s jury instructions or argue against certain evidence admitted during the trial. To finesse your appeal’s particulars, immediate consultation with our specialist in criminal conviction appeals in Pennsylvania is advised.
Post-Trial Options Under the Post-Conviction Relief Act (PCRA)
The PCRA is designed for falling back on specific appellate grievances, in case your direct appeal didn’t succeed or if you declined to appeal as part of a plea deal. Options under PCRA are specialized and focused:
- Ineffective Counsel: Claim this if you believe your trial Pittsburgh DUI lawyer’s performance compromised the integrity of your defense and thereby your constitutional right to competent representation.
- Prosecutorial Misconduct: Acts of misconduct by the prosecution may go unnoticed until post-trial reflection. Examples include the prosecution withholding evidence – a significant ground for PCRA appeal.
- Questionable Guilty Plea: If duped or improperly swayed into accepting a plea deal, opting for the PCRA route can be your avenue for contesting the plea’s validity.
- Discovery of New Evidence: Unique to PCRA, new evidence that was unavailable during trial and could’ve swayed the verdict may be grounds for an appeal, conditional upon demonstrating all previous due diligence attempts to unearth this evidence.
- Unlawful Sentencing: Should your judge’s sentence exceed the standard Pennsylvania guidelines without legal justification or exceed statutory authority, an appeal under PCRA stands as a corrective measure.
Partner With an Expert in Pennsylvania Appeals
If you or someone close faces a criminal conviction in Pennsylvania and seeks to continue contesting the charges, our apt team is ready to guide you through the options. At Logue Law Group of Sean Logue, we assess your case particulars to recommend the most suitable type of appeal. To discuss your legal pathways, reach out for a consultation by calling 844.PITT.DUI. Your fight for justice is our priority.