An appeal is a request that can be made after a conviction during a criminal trial. When an individual is found guilty but there may have been legal errors contributing to this verdict, the defendant has the right to appeal and request that the higher court examine and overturn the decision. Appeals may not be applicable in every case but they can prove beneficial in various instances. If you were convicted of a crime in Pennsylvania you may be able to petition for an appeal. Work with a skillful Pottstown criminal defense lawyer to learn more about your right to appeal and the process required.
Can I Appeal My Criminal Conviction?
Individuals who were convicted in a criminal trial by a judge or jury have the right to appeal to the Superior Court. In some instances, a further appeal to the Pennsylvania Supreme Court can be granted. While it is an inherent right in criminal convictions, whether or not you are eligible for an appeal depends on the details of your case.
An appeal will not be granted simply because the defendant does not agree with the verdict. There needs to be at least one valid reason for the petition.
What Are the Grounds for an Appeal?
There are several reasons that an appeal can be valid and seriously considered by the superior court. Consider the following grounds for a petition.
Sentencing error
Judges must follow laws regarding sentencing a convicted defendant. If they disregarded these rules then the sentence could be considered illegal and it could support an appeal.
Ineffective assistance of counsel
Criminal defendants have a constitutional right to adequate legal counsel. If their representation did not meet certain standards of skill it could have affected the outcome of the case.
Improper handling of evidence
The judge determines which evidence the prosecution and defense are permitted to introduce at trial. If they allowed evidence that should not have been approved or excluded evidence unfairly it could support an appeal.
Juror misconduct
If one or more jurors engaged in misconduct it may be a valid reason for the defendant to appeal. This could occur by the juror considering evidence that was not presented at trial, taking a bribe, speaking directly to a witness, etc.
Incorrect jury instructions
The jury is given instructions from the judge and other authorities. If any instruction was inaccurate or prejudicial it could support the cause for an appeal.
Plain error
Any obvious or egregious error of law could have contributed to the outcome of the case or sentencing and be considered a valid reason for an appeal.
Contact a Criminal Defense Lawyer
If you believe that one of the above or some other legal issue could support an appeal of your conviction you will benefit from the skill of an experienced attorney. Reach out to a knowledgeable lawyer for more information on your rights and to begin the legal process of appealing today.
