Appealing a Criminal Conviction: What You Need to Know

If you’ve been convicted of a crime in Pennsylvania, it can often feel like there’s no way out. However, those who feel their conviction was unjust can usually file an appeal. 

Appealing a criminal conviction allows the defendant to challenge the decision of the trial court and, in some cases, have the conviction overturned or the sentence reduced. While appeals aren’t a guarantee of success, they can provide a critical opportunity to rectify errors made during the trial process. 

This article will explain the appeal process in Pennsylvania, the grounds for an appeal, and why hiring an experienced criminal defense attorney can make a significant difference. At Pope and Bogush Attorneys at Law, LLC, I am experienced in working on criminal appeals for clients in Clarion, Pennsylvania. Read on to learn how I can help.

What Is a Criminal Appeal?

A criminal appeal is a legal process where a defendant who has been convicted of a crime asks a higher court to review the case. This appeal challenges the trial court’s decision, typically on the grounds that there were legal errors that affected the outcome of the trial. 

Appeals don’t involve new evidence, testimony, or a new trial; instead, they focus on whether the law was correctly applied during the original trial.

When you appeal a conviction, you’re asking a higher court, such as the Pennsylvania Superior Court or the Pennsylvania Supreme Court, to examine the legal process to determine if there were mistakes that resulted in an unjust conviction or an improper sentence.

The Criminal Appeal Process in Pennsylvania

In Pennsylvania, the appeal process involves several steps, and understanding each one can help you prepare for what to expect. Here’s an overview of the typical criminal appeal process:

1. Filing a Notice of Appeal

The first step in the appeal process is to file a Notice of Appeal. This notice is a formal document that must be filed with the court within a specific time frame. In Pennsylvania, you generally have 30 days from the date of the sentencing to file an appeal. If you miss this deadline, you may lose your right to appeal, so it’s crucial to act quickly.

Filing a Notice of Appeal tells the court that you intend to challenge your conviction. After the notice is filed, the case is transferred to the appropriate appellate court, which will review the case.

2. Preparing the Appeal Brief

Once the Notice of Appeal has been filed, you will then need to prepare an appellate brief. This document is a written argument that explains why the trial court’s decision should be overturned. The brief must address legal issues, such as violations of constitutional rights, improper jury instructions, or errors made during the trial that affected the fairness of the verdict.

An appeal brief is an essential part of the process. It needs to present compelling arguments to convince the appellate court that the conviction was unjust. This is why it’s vital to work with an experienced criminal defense attorney who understands how to craft a persuasive brief.

3. Oral Arguments

While some appeals are decided based solely on written briefs, many cases involve oral arguments. This is when the attorneys for both sides (the appellant and the prosecution) are given the chance to present their arguments in person before the appellate judges. During the oral argument, the attorneys can clarify points made in the written brief and respond to questions posed by the judges.

The appellate judges won’t hear new evidence or testimony. Instead, they will focus on the legal issues raised in the appeal brief and the oral argument. The goal is to demonstrate to the judges that the trial court made legal errors that affected the outcome of the case.

4. Appellate Court Decision

After the oral arguments, the appellate court will deliberate and issue a decision. The court has several options when making its decision, including:

• Affirm the conviction: If the appellate court determines that the trial court’s decision was correct, the conviction will stand.

• Reverse the conviction: If the appellate court finds that the trial court made significant legal errors, the conviction can be reversed, and the defendant may be acquitted or granted a new trial.

• Remand the case: In some cases, the appellate court may send the case back to the lower court for further proceedings, such as a retrial or sentencing hearing.

The length of time it takes to receive a decision can vary, but it usually takes several months. If the appeal is unsuccessful, the defendant may still have the option to seek post-conviction relief or petition for a review by the Pennsylvania Supreme Court.

Grounds for Appealing a Criminal Conviction in Pennsylvania

Additionally, in order to have a successful appeal, you must show that a legal error occurred during your trial that significantly impacted your conviction. Some common grounds for appeal include:

Ineffective Assistance of Counsel

One of the most common grounds for appeal is the claim of ineffective assistance of counsel. In this case, the defendant argues that their trial lawyer failed to provide adequate legal representation, which affected the outcome of the trial.

To succeed on this type of appeal, the defendant must show that their attorney’s performance was deficient and that this deficiency led to an unfair trial or conviction.

Errors in Jury Instructions

During a trial, the judge provides the jury with instructions on how to apply the law to the facts of the case. If these instructions are incorrect, unclear, or incomplete, they can mislead the jury and affect the trial’s fairness. For example, if the judge misinstructs the jury on the law regarding self-defense or reasonable doubt, this could be grounds for an appeal.

Improper Admission of Evidence

If the trial court allows improper or inadmissible evidence to be presented to the jury, it could impact the verdict. Examples of this could include the admission of hearsay evidence, illegally obtained evidence, or evidence that is not relevant to the case. If the admission of such evidence prejudices the defendant, it may form the basis for an appeal.

Violation of Constitutional Rights

If a defendant’s constitutional rights were violated during the trial, it could be grounds for an appeal. This includes violations such as illegal searches and seizures, coerced confessions, or improper questioning by law enforcement officers. If the defendant’s rights to a fair trial or due process were compromised, an appeal may be justified.

Insufficient Evidence to Support the Conviction

A defendant may argue that there was not enough evidence to support their conviction. If the prosecution failed to present sufficient evidence to prove guilt beyond a reasonable doubt, the conviction could be overturned. This is a high standard to meet, as appellate courts generally defer to the trial jury’s assessment of the evidence, but it’s still a valid ground for appeal in some cases.

Sentencing Errors

Even if the conviction stands, the defendant may appeal the sentence if they believe it was too harsh or if the judge made an error in sentencing. This could include issues like incorrect application of sentencing guidelines, failure to consider mitigating factors, or imposition of an illegal sentence. An appeal on sentencing grounds may result in a reduced sentence or a new sentencing hearing.

Why You Should Hire a Criminal Defense Attorney

Furthermore, appealing a criminal conviction is a complicated and nuanced legal process. While defendants have the right to represent themselves in an appeal, it’s highly advisable to hire an experienced criminal defense attorney to handle the appeal. Here are some reasons why you should work with a qualified criminal defense attorney:

• Criminal law and appeals: Criminal defense attorneys are well-versed in criminal law and appellate procedures. They understand the legal issues that may arise during an appeal and know how to craft persuasive arguments to convince the appellate court to overturn a conviction. Their experience gives them an edge in presenting your case effectively.

• Thorough case review: An attorney will conduct a thorough review of your trial to identify potential errors or issues that could form the basis for an appeal. This could include reviewing trial transcripts, evidence, and legal arguments made during the trial. Having an attorney analyze your case from a fresh perspective can uncover issues that may have been overlooked initially.

• Knowledge of appellate court procedures: The appeals process differs significantly from the trial process. An experienced attorney knows how to work through the appellate court system, from filing the Notice of Appeal to presenting oral arguments. They also understand the deadlines, rules, and procedural requirements that must be followed to improve the chances of a successful appeal.

• Strategic advice on appeal options: An attorney can help you determine the best course of action based on your specific case. Whether it’s pursuing an appeal, seeking post-conviction relief, or negotiating a reduced sentence, an attorney will provide strategic advice tailored to your situation.

• Increased chances of success: Hiring a criminal defense attorney increases your chances of a successful appeal. Appellate law is challenging, and without proper legal representation, your appeal may not be as strong as it could be. A skilled attorney will advocate for your rights, protect your interests, and work to get your conviction overturned or your sentence reduced.

Contact Pope & Bogush, Attorneys at Law, LLC

Appealing a criminal conviction in Pennsylvania is a challenging but potentially rewarding process. Due to the difficulties involved in an appeal, it’s essential to have an experienced criminal defense attorney on your side. If you or someone you know is considering appealing a criminal conviction, consulting with a criminal defense lawyer should be a top priority.

At Pope and Bogush Attorneys at Law, LLC, I serve clients throughout Clarion, Pennsylvania. Contact me today to schedule a consultation and discuss how I can help with your criminal defense case.