Direct Appeal

Do you want to challenge the court’s decision after a conviction or sentencing for a criminal case in Pennsylvania? A direct appeal gives you the chance to ask a higher court to review legal errors that may have affected your trial. A state and federal criminal defense attorney from The Zeiger Firm can review your case, identify possible appealable errors, and guide you through each step of the appeals process. Contact The Zeiger Firm today to arrange a free case review and get the legal guidance you need to move forward with your appeal.

What Is a Direct Appeal?

In Pennsylvania, a direct appeal allows a defendant to challenge a criminal conviction or sentence by asking a higher court to review the lower court’s decision. The direct appeal process focuses on identifying legal errors that might have occurred during the trial, such as incorrect rulings on evidence, improper jury instructions, or other procedural mistakes. The goal of a direct appeal is to challenge that the original trial was not conducted fairly and in accordance with the law.

Typically, after a conviction in the Court of Common Pleas, the appellant files a direct appeal with the Pennsylvania Superior Court, which reviews most direct appeals. Then, the appellate court examines the lower court’s record to determine if any legal errors significantly affected the outcome of the case. It’s important to note that the appellate court does not re-evaluate evidence or reassess witness credibility. It focuses solely on the legal aspects of the trial.

If the Superior Court finds substantial legal errors occurred in the trial, it may reverse the conviction, order a new trial, or modify the sentence. In some cases, the Pennsylvania Supreme Court has exclusive jurisdiction over direct appeals. This includes cases where a court has declared a law unconstitutional.

Direct Appeal Legal Requirements

In Pennsylvania, appellants seeking to challenge a criminal conviction or sentence through a direct appeal must adhere to specific legal requirements. First, they must file a notice of appeal with the clerk of the trial court within 30 days of the final judgment or order.

The notice of appeal must clearly identify the judgment or order the criminal defendant wishes to appeal and the appeals court to which the appeal is directed. In most criminal cases, appeals from the Courts of Common Pleas proceed to the Superior Court of Pennsylvania. However, certain cases, such as those involving state agencies or constitutional questions, fall under the jurisdiction of the Commonwealth Court or the Supreme Court.

After filing the notice, appellants must prepare and submit a concise statement of errors complained of on appeal when directed by the trial judge. This document outlines the specific legal errors the appellant alleges to have occurred during the trial. Failure to file this statement as required could result in a waiver of those issues on appeal.

Additionally, appellants must transmit the relevant trial record(s), including transcripts of proceedings, to the criminal appeals court. These records form the basis upon which the court of appeals reviews the case. Appellants are responsible for requesting and, if necessary, paying for these transcripts.

Throughout the appeal process, appellants must adhere to numerous procedural rules and deadlines. Non-compliance could lead to the dismissal of the appeal or waiver of certain arguments. Given the complexities of these cases, appellants should consult with a criminal defense attorney with extensive experience in Pennsylvania appellate practice. Legal representation significantly increases direct appeal success rates.

Steps in Filing a Direct Appeal

Defendants who wish to challenge their convictions or sentences must take several steps to avoid losing the opportunity for appellate review. Below is a detailed breakdown of each step involved in going to court for direct appeals in Pennsylvania:

  • Filing Post-Sentence Motions: The defendant’s attorney may file a post-sentence motion within ten days of sentencing to request a new trial or seek modification of the sentence. This allows the trial court to correct errors before the appeal process begins. Common grounds for these motions include claims that the court applied the wrong sentencing guidelines which led to sentencing errors, admitted improper evidence, or made incorrect legal rulings. The trial court has broad discretion to grant or deny these motions. If the court denies them, you can proceed with a direct appeal.
  • Submitting a Notice of Appeal: If the trial court denies your post-sentence motion or you choose not to file one, you must submit a notice of appeal within 30 days of the final judgment. This formal document informs the appellate court and opposing counsel that you are appealing the conviction or sentence. The notice must specify which aspects of the ruling you are challenging.
  • Preparing the Trial Court Record: Once you file the notice of appeal, the trial court will compile all relevant documents, transcripts, and evidence from the case. The appellate court will review this record to determine whether any legal errors occurred. You are responsible for requesting the trial transcripts and including them in the record. Any missing or incomplete documentation could limit the arguments available on appeal.
  • Drafting and Filing Appellate Briefs: After preparing the trial record, attorneys prepare written briefs outlining the legal arguments for overturning your conviction or modifying your sentence. The brief must cite relevant legal precedents, statutes, and constitutional provisions that support your claims. The prosecution will then file a response, arguing why the conviction or sentence should stand.
  • Presenting Oral Arguments: In some cases, the appellate court will schedule oral arguments, where attorneys for both sides appear before a panel of judges to discuss the legal issues in person. The judges might ask specific questions to clarify points raised in the briefs. If oral arguments occur, they offer a final opportunity to persuade the judges before they issue a ruling.
  • Awaiting the Appellate Court’s Decision: Once the appellate court reviews the briefs, trial record, and oral arguments, it issues a decision. The court could affirm the conviction, reverse it, or send the case back to the trial court for further proceedings. The direct appeals timeline varies, with some rulings taking several months. If the appellate court rules against you, the next possible step is requesting review by the Pennsylvania Supreme Court, though that court only hears a limited number of cases.

How a Criminal Appellate Lawyer Can Help

The Zeiger Firm can develop a strong direct appeal legal strategy for your case by carefully reviewing your situation and preparing persuasive arguments. Contact us today for a free initial consultation to learn how our experienced appellate lawyer can assist with your appeal.