What is an Appeal?
A direct appeal is filed with the Pennsylvania Superior Court requesting that the Court review a conviction, including guilty pleas, for legal errors. Appeals most often include challenges to the admissibility of evidence, whether evidence was illegally obtained or whether the sentence was reasonable. Many people who are convicted of crimes are understandably unhappy with the results. However, successful appeals involve more than disagreement with the outcome of a case and focus on mistakes made by the trial court regarding the law.
How Does the Process Work in Pennsylvania?
In Pennsylvania, a criminal defendant who has been convicted of a crime and sentenced is eligible for a direct appeal. People who are found in violation of probation or parole and resentenced are also able to appeal. There are very strict time limits regarding the filing of appeals. Appeals must be filed within 30 days of sentencing. A direct appeal is started by filing a Notice of Appeal with the trial court where the conviction occurred. The person filing the appeal is known as the appellant. The trial court directs the appellant to file a list of the issues to be raised on appeal. This list must be specific and any issue not specifically raised in waived. The trial court then writes an Opinion, explaining why it ruled the way it did. A schedule is issued for the filing of briefs. Our attorneys will prepare briefs discussing the applicable law and arguing why the trial court made a mistake based on the law and the facts. The District Attorney files a brief on behalf of the Commonwealth. The Superior Court then decides whether the trial court’s decision should be overturned.
Can an Appeal be Denied?
Yes, an appeal can be denied if the Superior Court decides that the trial court’s decisions were correct. You should speak with an attorney at Fairlie & Lippy, P.C. about the odds of success in your case. If you are unsure if you should file an appeal, our attorneys will conduct a review of your case, to determine whether there is an appropriate basis for an appeal.
How Long Does the Process Take?
In Pennsylvania, an appeal requires a review of the entire case from the trial court and extensive legal research and writing. We diligently work to file the necessary documents so that a decision can be reached by the Superior Court as soon as possible. The whole process normally takes between six and nine months, from the filing of a Notice of Appeal to a decision by the Superior Court. This timeframe can be longer depending on the circumstances of each case.
What are the Advantages of Filing an Appeal?
Filing a direct appeal to the Superior Court will give you an opportunity to challenge adverse rulings and to argue why you believe the trial court made a mistake. A number of outcomes can result from a successful appeal. These can include receiving a new trial, receiving a new sentencing hearing or having your conviction vacated.
What are the Advantages of Having an Attorney Handle my Appeal?
Appeals involve strict time limitations. Failure to follow these timelines may result in waiver of the issues or a dismissal of the appeal. Appeals also involve complicated rules and a failure to comply with these rules can result in waiver of the issues or dismissal of the appeal. Our attorneys are knowledgeable about all the requirements for a direct appeal and will make sure that your appeal is filed on time and in compliance with the rules. Appeals often involve complex legal issues, which our attorneys are familiar with based on years of experience.
What can Fairlie & Lippy do for Me?
Fairlie & Lippy can review your docket, transcripts, yourself, your trial lawyer and more in an effort to determine whether there are any good issues for appeal. You can retain us just for the review, and then retain us to go further if we find issues worth pursuing. Or you can hire us right from the start to handle your appeal if you are already certain that you have a good issue to appeal. Give us a call at (215) 997-1000 or email us at steve@fairlielaw.com if you want to discuss the potential merits of your appeal.
