(717) 232-5000
A court case does not always end when the judge or jury decides whether someone is guilty or not guilty. If the defendant is not happy with the outcome, they may decide to file an appeal.
An appeal cannot be filed until the defendant receives a sentence. Once a sentence has been imposed, the defendant has the legal right to challenge the conviction, the sentence, or both. This is known as filing an appeal. There are several ways to go about this:
- You can file a notice of appeal with an appellate court
- File a motion (a written request) asking the trial court to set aside the conviction
- You can file a motion asking to reduce or modify the sentence
- File a motion asking for a new trial
Keep in mind that an appeal is not a new trial; it is a review of the previous trial. New evidence will not be considered in an appeal. Instead, the appeals court will review the evidence that has already been presented.
You also need to understand that you cannot file an appeal simply because you are unhappy with the ruling. You need to have grounds for the appeal. This may include any of the following:
- Errors in jury instructions
- Improper use of evidence
- Misconduct by the prosecution
- Insufficient evidence to support the verdict
- Poor advice from your lawyer
- Sentencing errors
Getting Started
If you wish to file an appeal, you must act promptly. You have just 30 days from the day you receive judgment or sentencing to file an appeal. Appeals are typically filed with the Pennsylvania Superior Court, although in some cases, you will need to file directly with the Pennsylvania Supreme Court. The trial court then prepares and submits the trial record to the appellate court. This record includes transcripts, exhibits, and motions.
Next comes the briefs and arguments. The defendant submits a written argument outlining the legal errors and what they are requesting, whether it be a reversal of conviction, a new trial, or resentencing. The prosecution responds, defending the trial court’s decision. In some cases, the appellate court may schedule oral arguments.
The court then makes a decision. The appellate court may not make any changes and uphold the original conviction and sentence. They could do the opposite and overturn the conviction. In some cases, they may send the case back to the lower court for further proceedings, such as a new trial or resentencing. The court could also modify the sentence without further trial proceedings.
Contact Us Today
Sometimes, the legal system makes mistakes. If you believe an error caused you to be convicted of a crime or an unfair sentence, you may be able to file an appeal and get the decision reversed.
Interested in filing an appeal? Contact a Harrisburg criminal defense lawyer from Mette, Attorneys at Law. We will fight to secure the best possible results for your case. Fill out the online form or call (717) 232-5000 to schedule a consultation.