DIRECT APPEAL PENNSYLVANIA
The direct appeal in Pennsylvania is the only way to continue to fight if a loved one, friend, or you were recently convicted of a crime. The direct appeal in Pennsylvania is the first appeal, and the first opportunity to appeal the case and have independent judges review the case.
In order to preserve your rights for a direct appeal, you must file the Notice of Appeal with the clerk of courts in the county of the conviction within thirty days of the day of the sentence. However, you could file a Motion for Reconsideration within ten days instead of the Notice of Appeal. If you file the Motion for Reconsideration, the clock stops on the thirty day period to file the notice of appeal. If the Motion for Reconsideration is denied, the clocks begins again with a fresh thirty days to file the Notice of Appeal. If the trial court does not rule on the Motion for Reconsideration with one hundred twenty days, the motion is deemed denied by operation of law, and the clock starts again with a fresh thirty days to file the Notice of Appeal.
The Motion for Reconsideration is important. If you want to appeal the sufficiency of the evidence or challenge the sentencing, you must file the Motion for Reconsideration to give the trial court the opportunity to fix their mistakes before the case is appealed. Often times, the best issues on direct appeal involve the sentencing. I understand how and when to file the Motion for Reconsideration to preserve my clients’ rights.
Once the Motion for Reconsideration is denied, the direct appeal begins. The issues most likely raised on direct appeal are the trial judge made a mistake, the district attorney did something improper, an insufficient amount of evidence was presented for the conviction to stand, weight of the evidence, and sentencing errors. These issues include evidentiary rulings, rulings on pre-trial motions, prosecutorial misconduct, lack of evidence, and sentencing.
When you a direct appeal in Pennsylvania, contact Holt Law, for a free consultation at 717-562-1777.