Criminal Appeals are time sensitive, missing the criminal appeals filing window can impact your future
If you have been wrongfully convicted of a crime or you believe you were denied a fair trial, you have the right to appeal your case to an appellate court.
In Pennsylvania, all defendants must file an appeal to an appellate court within 30 days of the date of sentencing or they waive their right to an appeal. Trial courts strive to provide a fair trial, but the criminal system is not perfect.
Understanding how to handle your Criminal Appeals filing is where our team can help
Call this number now (717) 737-3300. Don’t let the clock run out on your future
An experienced trial and criminal appeals lawyer, will be able to review the trial court record and identify any errors made during your trial or in the handling of pre-trial matters such as whether the trial court made an error by failing to suppress a confession made to police without a Miranda Warning being given or whether the trial court made a mistake in failing to suppress drug evidence discovered during an illegal search or seizure by police.
If you believe you were wrongfully convicted or were denied a fair trial, you need to contact the Criminal Appeals lawyers at Law Office of Roy Galloway, LLC for a free no obligation consultation.
Navigating the Appellate Process Requires a Professional
Criminal appeals are very complicated, and the average person is not capable of navigating the appellate process on their own.
To be successful on appeal, it requires not only a firm grasp of the substantive law pertaining to the issue being raised on appeal, but also a working knowledge of the rules of appellate procedure. Each year, thousands of appeals are denied due to procedural errors being made by appellants. And, when an appeal is denied due to a procedural error oftentimes people are stuck with dealing with the punishment levied by the lower court.
Not every trial lawyer possesses the skills and knowledge necessary to successfully represent a client in an Criminal appeals case
At the Law Office of Roy Galloway, LLC, a substantial portion of our practice is devoted to appeals, and we work tirelessly to make sure any errors committed during our clients’ trials are corrected on appeal.
Appealing Errors Made by an Attorney
In Pennsylvania, defendants can no longer file a direct appeal with the Superior Court when arguing that their attorneys made errors during their trials. Rather, all claims of error made by an attorney must first be raised with the trial court by filing a Post Conviction Collateral Relief Act (PCRA) Petition.
Winning a new trial through a PCRA action is very difficult because Pennsylvania law presumes that trial attorneys are effective, and a defendant has the burden of proving that he or she was denied the effective assistance of counsel. Furthermore, a PCRA action is arguably more difficult to win than an appeal because unlike an appeal where a defendant just has to show that he has a meritorious issue, in a PCRA action, a defendant must prove more than that their attorney made in the lower court.
To prevail in a PCRA action, a defendant must show: (1) that he or she has a meritorious issue, (2) that counsel’s action or omission was not designed to benefit them, and (3) that he or she suffered prejudice from counsel’s ineffectiveness. In Pennsylvania, prejudice does not mean merely that counsel made a mistake. Rather, to show prejudice, a defendant must show that the attorney’s error was so bad that the outcome of the trial would have been different but for the error. Interestingly, if there was other evidence that supports a verdict of guilty, an appellate court will likely rule that a defendant did not suffer prejudice.
In Pennsylvania, when defendants are unsuccessful in getting a trial court to grant their PCRA Petitions, they have a right to appeal the trial court’s denial of the PCRA Petition to the Superior Court.
Retain the Professionals at the Law Office of Roy Galloway to handle your appeal
Attorney Galloway has been accepting court appointments on PCRA cases in Dauphin County for over 6 years, and devotes a substantial part of his practice to PCRAs. Moreover, Attorney Galloway has handled many appeals in the Superior and Supreme Court of Pennsylvania, and would love to put that experience to work for you. If you believe you were wrongfully convicted or a costly error was made during your trial, you need to contact our firm to protect your rights. To schedule a free consultation, fill out the contact form or call us at (717) 737-3300.
“Thanks for your compassion and professionalism. If not for your skilled advocacy, I may have been punished for a crime I did not commit.”
From J.M. Harrisburg, PA (acquitted of aggravated assault on a corrections officer)