Erie, PA Criminal Appeal Attorney

If you have been convicted of a crime, it is not the end of the road. Appeals and post-conviction relief provide opportunities to challenge wrongful convictions, sentencing errors, or constitutional violations. Experienced criminal defense attorneys can guide you through direct appeals, PCRA petitions, and federal post-conviction remedies to protect your rights and seek justice.

Direct Appeals

A direct appeal is the first opportunity to challenge a criminal conviction or sentence. It involves asking a higher court to review the trial court’s legal rulings for errors. Common grounds for a direct appeal include:

• Improper admission or exclusion of evidence
• Errors in jury instructions
• Sentencing errors
• Misapplication of Pennsylvania law

Prosecutorial misconduct occurs when a prosecutor violates legal or ethical rules, potentially depriving a defendant of a fair trial. Appeals based on prosecutorial misconduct may arise from:

• Improper statements or arguments in court
• Suppression of exculpatory evidence
• Witness tampering or intimidation

Successful appeals on these grounds can result in reversal of convictions or new trials.

Pennsylvania Post-Conviction Relief Act (PCRA) Petitions

The PCRA allows convicted individuals to challenge their convictions or sentences based on issues outside the direct appeal, including:

• Newly discovered evidence
• Constitutional violations
• Ineffective assistance of counsel

Ineffective Assistance of Counsel

The Sixth Amendment guarantees the right to competent legal representation. Appeals claiming ineffective assistance of counsel arise when a defense attorney’s performance falls below professional standards, affecting the trial outcome. Examples include:

• Failure to investigate or call key witnesses
• Poor trial strategy or procedural errors
• Conflicts of interest or inadequate advice

PCRA petitions must be filed within strict time limits, and an attorney can help ensure compliance and maximize the chance of success.

Newly Discovered Evidence

If new evidence emerges after a conviction, it can form the basis of a post-conviction petition. Courts may grant a new trial or vacate the conviction if the evidence could have affected the outcome of the original trial.

Wrongful Convictions

Wrongful convictions can occur due to:

• Eyewitness misidentification
• False confessions
• Prosecutorial misconduct
• Faulty forensic evidence

Appeals and post-conviction petitions are critical tools for seeking justice and clearing an innocent person’s name.

Federal Post-Conviction Relief

If state remedies fail, individuals may seek federal post-conviction relief, including habeas corpus petitions, to challenge constitutional violations or illegal detentions under federal law. Federal courts review whether the state’s conviction or sentence violated the U.S. Constitution.

Why Hire an Appeals & Post-Conviction Attorney

Appeals and post-conviction relief involve strict procedural rules, deadlines, and complex legal arguments. A skilled attorney can:

• Identify appealable errors or violations
• Prepare compelling legal briefs
• Present evidence effectively
• Protect your rights throughout the appellate process

If you believe your conviction was unfair or your sentence was unlawful, seeking experienced appellate and post-conviction counsel is critical. Contact a Pennsylvania criminal defense attorney today to discuss your options.