You can appeal a criminal conviction in Philadelphia if you follow the enshrined in Pennsylvania law. A Philadelphia criminal defense lawyer can explain these rules to you and ensure you file your appeal in the manner required by law.
Hiring one as quickly as possible is a good idea if you do not already have a criminal defense attorney. They can manage the criminal appeals process and offer legal counsel that keeps your case on track. They also can determine if you have grounds to appeal your sentence and, if so, how to exercise your right to do so.
How to Appeal a Criminal Conviction in Philadelphia
Pennsylvania law allows you to file an appeal, but it requires you to follow strict protocol when doing so. That includes filing a notice of appeal with all relevant parties, including the court. You can find this notice at 210 Pa. Code § 904.
The notice template outlined above is relatively simple, but what comes after you submit this document is not. A lawyer can rebuild your case file for the coming fight and work hard to achieve the desired outcome.
Your Attorney Can Appeal Your Sentence or Criminal Conviction for You
You have a limited time to file an appeal. You will want to sit down with your criminal appeals attorney as soon as possible following your conviction and figure out if filing an appeal is the right strategy. If it is, your legal representative can:
- Fill out the correct paperwork to file your appeal
- Submit that paperwork to the court and other relevant parties within the time limit
- Let you know when the appellate court responds to your request, what its answer is, and what your next steps should be
For a free legal consultation, call 215.515.3360
The Outcome of Your Philadelphia Appeal
If the appellate court accepts your appeal, it will review how the previous court issued your sentence. For example, it will look at whether the previous court made sentencing errors or if it properly applied the sentencing guidelines in 204 Pa. Code § 303. It can also consider if the court and/or the prosecution made critical errors in building or presenting the case against you.
Philadelphia Sentencing Guidelines and Your Criminal Conviction
The commonwealth’s sentencing guidelines dictate all aspects of how and when the court can pass down a sentence on the criminal defendant, including:
- What kinds of penalties are appropriate for various kinds and levels of crimes
- When to add extra penalties onto the standard sentence associated with a particular crime
- When to reduce the standard penalty based on “mitigating circumstances”
If the appellate court agrees that the court failed to correctly apply these standards, it may overturn the sentence and tell the previous court to resentence you according to the applicable standards. It will uphold the previous court’s sentence if it decides the appropriate sentence.
Legal Errors Could Form Grounds for Appeal in Philadelphia
What if something went wrong with the prosecution’s case rather than the court’s sentencing? It is up to your attorney to prove the prosecution did something wrong, such as coercing a confession or collecting evidence illegally. They might look for evidence of a wrongful conviction for any of the following reasons:
- The prosecution deliberately withheld or suppressed evidence that might have helped your case.
- The police acquired key evidence without going through the proper channels, such as obtaining a warrant.
- They do not have sufficient evidence to prove their case.
- The police violated your rights in some other way that prevented you from being able to properly defend yourself.
If your attorney can prove wrongdoing, the appellate court may reverse the conviction or order a new criminal trial. Otherwise, the previous conviction will stand.
Appealing Criminal Convictions Is Part of Your Philadelphia Attorney’s Job
It is generally in your best interests to hire a criminal defense lawyer after an arrest or criminal charge as soon as possible. Still, hiring a lawyer late is better than not hiring one at all. If you are already at the stage when you must consider appealing your conviction and still have not hired an attorney, you can do so by:
- Going online to research (e.g., looking at the attorney’s Google reviews and client testimonials) criminal defense firms that serve clients in your area
- Requesting free consultations from the firms you are considering
- Meeting in person with different firms until you find one you are comfortable and confident dealing with
Why Hire a Philadelphia Criminal Defense Attorney?
One of the benefits of hiring a criminal defense lawyer is they can manage your entire case from beginning to end. That includes:
- Handling all the paperwork and administrative tasks associated with the case
- Advising you on what legal strategies might be best at any given time, including when it is and is not appropriate to file an appeal
- Answering frequently asked questions about what will happen at upcoming hearings, how you can protect your constitutional rights, and how and when to speak with other parties involved in the case
- Investigating your case and collecting evidence to show you are not guilty
- Helping you file an appeal, if this becomes necessary
- Presenting your case and appeal before the court
What Criminal Defense Lawyers Can and Cannot Do
As already outlined, an attorney’s job is to make things easier for clients by defending them in every way possible and answering their questions. However, neither your attorney nor anyone else can guarantee a positive outcome. In other words, you could still lose your appeal, even with an attorney there to protect your rights.
Hiring a criminal appeals lawyer to represent you is still a good idea. Their experience and professionalism can help you avoid common pitfalls or errors that could unnecessarily put your case at risk.
We Can Help Appeal Your Philadelphia Criminal Conviction – Call Us Today
It is understandable to feel afraid and overwhelmed after being convicted of a crime. Our firm wants to assure you that you can appeal a criminal conviction and that we can help you do so. We can review your case and alert you to any potential issues concerning an appeal and your legal options.
Call us today for a free and confidential consultation. The Law Offices of M.J. Snyder, LLC, serves clients in Philadelphia, Pennsylvania.
