We represent individuals at all levels in criminal appeals. In most cases, you have a very limited amount of time to act on your appellate rights. If you think you need to appeal your case to protect your rights, contact an experienced Pennsylvania Appellate Lawyer today.
Many appeals are won or lost before they even reach the appellate court. Post-Sentence Motions are one way this can happen. Some issues have to be “preserved,” or brought to the attention of the trial court, in order to have the appellate court even consider the issue. You have a mere 10 days to file Post-Sentence Motions. In criminal cases, Attorney Justin P. Miller often works with your trial counsel prior to sentencing to ensure that issues are preserved for appeal.
This is the most common type of appeal. Your trial is complete, and your case is ready to be appealed to the next level. Once your trial case is complete, you have just 30 days to file your appeal.
Appeals to the Pennsylvania Supreme Court
The Pennsylvania Superior Court is required to accept and decide all appeals that come before it. In contrast, the Pennsylvania Supreme Court decides which cases to accept, and on what basis. In order to appeal your case to the Pennsylvania Supreme Court, you must first file a Petition for Allowance of Appeal. Some attorneys will still refer to this as a “Petition for Allocatur,” but Pennsylvania modernized its language in the last few years, opting for the more descriptive “petition for allowance.”
Post-Conviction Relief Act (PCRA) Petitions
After you have exhausted your appeals, you have the right to file a Post-Conviction Relief Petition. These highly technical proceedings begin in the trial court where you were convicted and sentenced, and can then themselves be appealed. Attorney Justin P. Miller has successfully litigated PCRA Petitions on behalf of his clients.
Federal Habeas Relief
Beyond Pennsylvania courts, cases that have Federal Constitutional issues (and for a few other reasons) can be appealed to the Federal courts. Contact Attorney Justin P. Miller today to discuss whether this option is right for your case.