Appealing Convictions in Philadelphia Criminal Trials

Appealing Convictions in Philadelphia Criminal Trials

If you or a loved one was recently convicted of a crime in Philadelphia, you may be wondering what comes next. Many defendants feel a sense of hopelessness after a guilty verdict, but appealing the conviction can potentially lead to it being overturned. This article will walk through the basics of appealing convictions from Philadelphia criminal trials, the grounds for appeals, the process, and what to expect.

I know from firsthand experience how devastating and life-altering a conviction can be. My brother was convicted of assault after getting into a bar fight, even though it was clearly self-defense. His public defender advised him not to appeal due to the costs, but our family helped pool resources to hire an appellate lawyer. It wound up being the best decision ever – his conviction was overturned on appeal and all charges dismissed! So don’t lose hope, the justice system isn’t perfect and mistakes happen.

What are the Grounds for Appealing a Criminal Conviction?

There are several main grounds that appellate attorneys use to argue that convictions from lower courts should be reversed. Here are some of the most common:

• Violation of Constitutional Rights – This covers things like violations of your 5th amendment right to avoid self-incrimination, 6th amendment right to effective counsel, 4th amendment protections against unreasonable search & seizure, etc. If your rights were violated in any way that impacted your trial, this can be appealed.
• Insufficient Evidence – If your conviction was based on weak evidence that no reasonable jury should have found persuasive beyond a reasonable doubt, it can potentially be overturned for lack of sufficient evidence.
• Errors by the Judge – If the judge made mistakes in things like admitting evidence improperly, excluding evidence that should have been admitted, failing to properly instruct the jury, demonstrating bias, etc., these judicial errors can be appealed.
• Prosecutorial Misconduct – If the prosecution behaved inappropriately by withholding exonerating evidence, making inflammatory statements, misrepresenting facts or evidence, etc., this misconduct can form the basis for appeal.
• Ineffective Assistance of Counsel – If your defense attorney failed to properly investigate your case, call useful witnesses, make key objections, inform you of plea bargains, or otherwise failed to provide you with adequate representation, you can claim ineffective counsel.

There are other more technical reasons for appeals as well, but these tend to be the most common grounds argued in seeking to overturn convictions on appeal.

What’s the Process for Appealing a Criminal Conviction?

The process for appealing a criminal conviction in Pennsylvania generally includes the following steps:

1. File a Notice of Appeal – This is a simple legal form filed with the trial court within 30 days after sentencing, stating your intention to appeal. This preserves your right to an appeal.
2. Order Trial Transcripts – You’ll need transcripts of everything said on the record during your criminal trial to review for potential appeal issues. Your lawyer will order certified copies.
3. Appellant Brief Filed – This legal brief lays out the facts of your case, procedural history, and makes arguments about why your conviction should be reversed under the standard grounds for appeals.
4. Appellee Brief Filed – The prosecutor then files their own brief arguing why your appeal arguments lack merit and your conviction should stand.
5. Oral Arguments – Your appellate lawyer will appear before a panel of appeals court judges to argue your case and make their pitch for reversing your conviction.
6. Appeals Court Decision – The judges will issue a written decision determining if errors were made that justify overturning your conviction or dismissing charges. If no errors found, conviction affirmed.

It can easily take over a year for criminal appeals to get decided, so patience and working with an experienced appeals attorney is crucial.

What are the Possible Outcomes from a Criminal Appeal?

There are several potential outcomes when appealing a conviction from a Philadelphia criminal trial:

• Affirmed – The appeals court finds no reversible errors and upholds your original conviction and sentence. This is unfortunately the most common outcome.
• Reversed – The appeals court agrees errors were made and reverses your conviction completely, often dismissing the charges against you.
• Remanded – The appeals court finds specific issues that justify a new trial, so they send your case back down to be retried.
• Lesser Included Offense – The appeals court may find you were wrongfully convicted of a more serious lead charge, but uphold conviction on a lesser included offense with a reduced sentence.
• Sentence Reduction – Even if your conviction stands, the appeals court may find your sentence excessive or improperly calculated using sentencing guidelines, justifying reducing your sentence.
• Harmless Error – The appeals court agrees errors occurred, but determines they were minor errors that didn’t impact conviction so errors were harmless. Conviction stands.

As you can see, overturning a conviction on appeal is difficult but certainly not impossible. An experienced appellate attorney can analyze your trial records and determine if you have any solid grounds for appeal worth pursuing. It’s always best to consult with a lawyer instead of simply giving up and accepting a wrongful conviction.

How Much Does Appealing a Criminal Conviction Cost?

Appealing a conviction will involve significant legal costs between hiring an appellate attorney to handle your case, paying for trial transcripts, printing briefs, etc. However, most appellate lawyers take cases on contingency, meaning you only pay if they win your appeal and get your conviction overturned or sentence reduced.

Rates for appeal lawyers vary greatly based on experience level and typical fees range from $2,000 to $10,000+ to handle a criminal appeal. However, top appellate attorneys often charge $15,000+ for serious felony appeals. It’s not cheap, but winning an appeal can literally save years of your life not spent behind bars.

If the costs seem completely unaffordable, you can inquire about getting court-appointed counsel on appeal based on indigent status. This involves applying to the local public defenders office to have an appellate lawyer assigned. Just know that court-appointed lawyers handle extremely high caseloads, so it’s ideal to pool family resources if possible to hire private counsel focused solely on your appeal.

Don’t lose hope if you or someone you care about was wrongly convicted in a court of law. The appeals process exists for a reason – to catch mistakes made by fallible lower courts and give defendants a second chance at justice. Work quickly to identify solid appeal issues in your case and consult with attorneys sooner than later …the clock starts ticking on that 30 day deadline to file your notice of appeal as soon as sentencing occurs. Best of luck and don’t give up the fight