Post-Trial Motions in Philadelphia Criminal Cases

Losing a criminal trial is tough. I get it — I’ve been there.

You feel angry, defeated, scared. What comes next? This article will walk through the post-trial motion process in Philadelphia criminal cases, so you understand your options and next steps.

First up: breathe.

I know it’s easier said than done, but seriously—take a minute, get grounded. Clear your head. The fight isn’t over yet.

Post-trial motions 101

After a guilty verdict, Pennsylvania Rule of Criminal Procedure 720 allows the filing of post-sentence motions within 10 days of sentencing. These motions allow you to challenge things like:

• The validity of a guilty plea
• A judge’s denial of a motion for acquittal
• Request a new trial
• Modify the sentence

The rule provides a roadmap. But successful post-trial motions take skill and strategy. Courts don’t just rehash old arguments willy nilly. Key is identifying grave errors or illegal sentences. This shows the court respect while giving them a substantive reason to reconsider.

Working with an experienced criminal appeals lawyer helps here. They know what works and when. They also won’t waste the court’s time with weak arguments.

Common post-trial motion strategies

Specific post-trial motion strategies depend on the details of your case. But some common ones include:

Challenging guilty pleas

• Argue you didn’t enter the plea knowingly, intelligently, and voluntarily. Stress external factors like medication side effects, illness, coercion.
• Show the plea colloquy was inadequate. I.e. the judge didn’t fully explain rights waived and implications of pleading guilty.
• Provide evidence proving actual innocence if possible. This gives the judge an “out” to vacate the plea.

Arguing denial of acquittal was improper

• Point out the verdict went against the weight of the evidence. I.e. no reasonable jury could have convicted based on the facts.
• Highlight prejudicial rulings or actions by the judge that improperly influenced the verdict.

Seeking a new trial

• Allege ineffective assistance of counsel, especially if your lawyer failed to object to prejudicial testimony or evidence.
• Claim prosecutorial misconduct like inflammatory statements to the jury or withholding exculpatory evidence.
• Present after-discovered exculpatory evidence the jury never heard.

Modifying illegal or improper sentences

• Challenge fines or restitution that exceed statutory limits or your ability to pay.
• Object to probation lengths exceeding statutory maximums.
• Argue consecutive sentences rather than concurrent sentences violate double jeopardy.

The key is tailoring the arguments to the unique circumstances in your case. Every case has issues if you dig deep enough. An experienced lawyer helps uncover them.

Post-trial motion procedures

Filing post-trial motions has some logistical hoops. Following proper procedures avoids dismissal on technicalities before the court even considers the merits.

In Philadelphia, post-sentence motions must be filed with two different offices to be valid:

1. The Office of Judicial Records
2. The Post-Trial Motions Unit of the Motion Court

The Motion Court handles criminal post-trial motion hearings. So filing the motion there ensures prompt scheduling of hearings.

The motions must include the specific relief requested and grounds for that relief. They can also incorporate trial motions and proposed findings of fact and conclusions of law to support the requested relief.

Courts must rule on the motions within 120 days unless both parties agree to waive this requirement in writing. This prevents cases from languishing indefinitely before the appeal process can start.

If the motions are denied, the next step is filing a Notice of Appeal with 30 days in order to appeal the conviction.

The appeals process

If post-trial motions fail to overturn the conviction or sentence, appealing the case is the next option. The appeals process has intricate procedures all its own, but some key points:

• Must file a Notice of Appeal within 30 days of imposition of sentence.
• Get free transcripts of all trial proceedings to identify appealable errors.
• Research appealable issues and craft a strong argument showing prejudicial errors requiring reversal or a new trial.
• Manage the complex process of filing an appellate brief stating the facts, issues, argument, and conclusion.

This is why having an appellate lawyer is so important if you lose at trial. Navigating post-trial motions and appeals requires in-depth knowledge of criminal law and procedures.

Don’t lose hope – keep fighting

Losing a trial cuts deep. The verdict feels final. But you still have options. Post-trial motions and appeals give you a chance to show the courts they got it wrong. With dedication and skill, convictions can still sometimes be overturned. So keep your head up and keep fighting. You got this.