Pennsylvania Criminal Appeals & PCRA Attorneys

A conviction or sentence does not always mean that a criminal case is over. Errors can occur during trial, sentencing, and other stages of a criminal prosecution. In other cases, important evidence may not be discovered until after a conviction has already become final. Pennsylvania law provides several ways for a person convicted of a crime to challenge a conviction or sentence, but strict deadlines and complicated procedural rules apply.

At Young, Marr, Mallis & Associates, our Pennsylvania criminal appeals & PCRA attorneys represent individuals seeking to challenge criminal convictions and sentences through direct appeals and petitions under Pennsylvania’s Post Conviction Relief Act (PCRA). Post-conviction litigation is substantially different from representing someone before or during trial. These cases often require an extensive review of the record, identification of legal or constitutional errors, written briefs and petitions, and argument before trial and appellate courts.

If you or a family member has been convicted of a crime in Pennsylvania and is considering an appeal or other post-conviction relief, contact Young, Marr, Mallis & Associates to discuss the case and the options that may be available.

Criminal Appeals in Pennsylvania

After a defendant is convicted and sentenced, Pennsylvania law generally provides an opportunity to seek review of the conviction or sentence by a higher court.

A direct appeal is not a new trial. Instead, an appellate attorney examines what occurred in the trial court to determine whether legal errors were made that affected the defendant’s rights or the outcome of the case. Common grounds for appeal include:

• Errors made by the trial court;
• Evidentiary rulings;
• Pretrial and suppression rulings;
• Improper admission or exclusion of evidence;
• Challenges to the sufficiency or weight of the evidence;
• Sentencing issues;
• Prosecutorial misconduct;
• Jury instructions; and
• Other constitutional or legal errors preserved during the proceedings.

Pennsylvania criminal appeals generally proceed from the Court of Common Pleas to the Pennsylvania Superior Court. In appropriate cases, further review may be sought before the Pennsylvania Supreme Court.

Appeals are governed by strict filing deadlines. For that reason, anyone considering an appeal should speak with an attorney as soon as possible following sentencing or the denial of post-sentence motions.

What Does an Appellate Attorney Do?

An appeal requires a different type of legal analysis than a criminal trial. Rather than simply presenting the case again, appellate counsel must carefully examine the record to identify errors that can properly be raised before an appellate court.

Depending upon the case, this may include reviewing transcripts from hearings and trial, court filings, exhibits, pretrial motions, sentencing proceedings, and prior rulings. Appellate counsel must then determine which issues provide the strongest basis for relief and present those issues through written advocacy and, when appropriate, oral argument.

At Young, Marr, Mallis & Associates, our attorneys understand that an effective appeal requires more than simply identifying something that went wrong. The issue must be properly preserved, supported by the record and applicable law, and presented persuasively to the appellate court.

Post Conviction Relief Act (PCRA) Petitions in Pennsylvania

For many individuals, the direct appeal is not the final opportunity to challenge a criminal conviction.

Pennsylvania’s Post Conviction Relief Act, commonly referred to as the PCRA, provides a procedure through which eligible individuals may seek collateral relief from a conviction or sentence under certain circumstances.

Unlike a direct appeal, a PCRA petition may involve issues that extend beyond errors appearing on the face of the trial record. Depending upon the facts of the case, PCRA proceedings can involve claims concerning trial counsel, appellate counsel, newly discovered evidence, constitutional violations, or evidence that was not disclosed to the defense. Examples include:

• Ineffective assistance of trial or appellate counsel;
• Failure to investigate or present available evidence;
• Failure to call or properly examine witnesses;
• Failure to litigate appropriate pretrial, trial, or appellate issues;
• Newly discovered or newly available evidence;
• Exculpatory or impeachment evidence withheld by the prosecution;
• Violations involving evidence required to be disclosed under Brady v. Maryland;
• Constitutional violations affecting the conviction or sentence; and
• Other circumstances recognized under Pennsylvania’s Post Conviction Relief Act.

Whether a particular issue qualifies for PCRA relief depends heavily upon the facts and procedural history of the individual case.

Ineffective Assistance of Counsel Claims

One of the most common issues raised in PCRA proceedings is whether prior counsel provided constitutionally ineffective assistance.

A poor result by itself does not establish ineffective assistance of counsel. Instead, these claims require a legal analysis of counsel’s actions or omissions and whether those actions affected the defendant’s rights.

Potential claims can arise from many different stages of a criminal prosecution, including plea negotiations, pretrial proceedings, trial, sentencing, and appellate representation.

Evaluating these claims often requires counsel to look beyond the final verdict and examine how the case was investigated, prepared, litigated, and appealed.

Newly Discovered Evidence and Withheld Evidence

Important information sometimes comes to light only after a criminal case has concluded.

A witness may come forward with new information. Previously unknown evidence may be discovered. Evidence may undermine testimony presented at trial. In other circumstances, information in the possession of law enforcement or prosecutors may not have been disclosed to the defense.

When new information is discovered after conviction, an attorney must determine both the significance of that evidence and the proper legal procedure for presenting it to the court.

Claims involving newly discovered evidence and alleged violations of the prosecution’s disclosure obligations are highly fact-specific and frequently involve significant investigation and litigation.

PCRA Evidentiary Hearings

Not every PCRA petition results in a hearing. In appropriate cases, however, the court may conduct an evidentiary hearing to resolve disputed factual issues.

During a PCRA evidentiary hearing, witnesses may testify, evidence may be introduced, and prior attorneys, investigators, experts, or other individuals involved in the underlying case may be called to address the claims raised in the petition.

Because obtaining relief may depend upon developing facts outside of the original trial record, preparation for an evidentiary hearing can be an important part of post-conviction representation.

Strict Deadlines for PCRA Petitions

Pennsylvania imposes strict time limitations on PCRA petitions.

As a general rule, a PCRA petition must be filed within one year of the date the judgment of sentence becomes final, although Pennsylvania law recognizes limited exceptions to that requirement. Determining when a judgment became final and whether an exception applies can involve complicated legal and factual questions.

A person who believes there may be grounds to challenge a conviction should therefore contact an attorney promptly. Waiting can affect whether a court has jurisdiction to consider a claim, even where the underlying issue may otherwise appear significant.

Appeals Following the Denial of PCRA Relief

Post-conviction representation does not necessarily end when a PCRA court denies relief.

A defendant may have the right to appeal the denial of a PCRA petition to the Pennsylvania Superior Court. These appeals can involve questions concerning ineffective assistance of counsel, newly discovered evidence, constitutional violations, whether the PCRA court should have conducted an evidentiary hearing, and other issues arising from the post-conviction proceedings.

Our experienced Pennsylvania appellate attorneys can evaluate adverse PCRA decisions and, where appropriate, pursue appellate review.

Serious Cases Require Careful Post-Conviction Representation

Appeals and PCRA proceedings can arise from virtually any type of criminal conviction, but the consequences are particularly significant for individuals serving lengthy periods of incarceration.

Young, Marr, Mallis & Associates represents individuals seeking post-conviction relief in cases involving serious felony convictions, including homicide and other offenses carrying substantial prison sentences.

These cases can involve thousands of pages of transcripts and records, complicated procedural histories, prior attorneys, witnesses, forensic evidence, and constitutional issues. Effective post-conviction representation requires a careful examination of both what happened during the original prosecution and what may have been overlooked.

Frequently Asked Questions About Criminal Appeals and Post-Conviction Relief in Pennsylvania

What is the difference between an appeal and a new trial?

An appeal asks a higher court to review a lower court case for legal mistakes, while a new trial means trying the whole case again in front of a judge or jury. An appeal is heard by a higher appellate court, whereas a new trial is heard in the same trial court where the case started.

Can I present new evidence or have new witnesses testify?

No. Appellate judges review written trial transcripts, evidence already admitted during the trial, and legal briefs submitted by the attorneys to determine whether significant errors occurred during trial that affected the outcome of the case. If you have discovered evidence that was unavailable during your original trial, you may have other options such as a motion for a new trial, a writ of habeas corpus, or other post-conviction relief.

Does the prosecution have the right to appeal if I am found not guilty?

No. Because of the Double Jeopardy Clause in the Constitution, once a defendant is acquitted (found not guilty), the government cannot try them again for the same offense, and they cannot appeal the verdict to try to overturn it. The prosecution can sometimes appeal the sentence if they believe the judge applied the sentencing laws incorrectly, but they cannot appeal to have a not guilty verdict reversed.

Is a PCRA petition the same as a direct appeal?

No. They are two entirely separate stages of the criminal appellate process in Pennsylvania, each with different rules, timing, and purposes. A direct appeal is your first opportunity to challenge a conviction, focusing strictly on legal mistakes made during the trial. A PCRA petition is a secondary, “collateral” challenge used after your direct appeals are finished, primarily to introduce issues or evidence that are outside the original trial record.

What is the deadline to file a PCRA petition in Pennsylvania?

In Pennsylvania, a PCRA petition must be filed within one year of the date the judgment of sentence becomes final. This deadline is strictly jurisdictional, meaning Pennsylvania courts do not have the power to hear a late petition. It is also critical to note that you cannot file early; a PCRA petition filed before the judgment is fully final is considered a “legal nullity” and will be dismissed as premature.

What if the deadline to file a PCRA petition has already passed?

A court may still accept a PCRA petition past the one-year mark if the petitioner proves one of three rare exceptions based on government interference with the ability to file on time, newly discovered facts that were completely unknown and not reasonably discoverable earlier, or if a new Constitutional right was recognized after the deadline passed that applies retroactively to past cases.

Speak With a Pennsylvania Criminal Appeals and PCRA Attorney

If you or a loved one has been convicted of a crime, legal options may still be available.

The attorneys at Young, Marr, Mallis & Associates represent clients in direct criminal appeals, PCRA proceedings, PCRA evidentiary hearings, and appeals from the denial of post-conviction relief.

Because appellate and post-conviction cases are governed by strict deadlines and procedural requirements, it is important to have the case evaluated as soon as possible.

Contact Young, Marr, Mallis & Associates today to speak with an attorney about a Pennsylvania criminal appeal or PCRA matter.