The purpose of appeals courts is to provide the most accurate and equitable administration of justice. These courts examine lower courts’ rulings and reverse them if the subordinate court misapplied the law. This implies that if you were the victim of a miscarriage of justice, the sentence you were given at the conclusion of your criminal trial may not be the one you will serve. A Philadelphia Criminal Appeals Lawyer from The Zeiger Firm can assist if you were found guilty and sentenced in a criminal case where you think mistakes were made.
If required, we can file a direct appeal on your behalf after reviewing the transcript of your criminal trial to find any possible problems that would call for relief. We can also ensure that your claims are saved and timely filed, as well as advise you on your appellate choices. To discuss your legal options for contesting your conviction and pursuing the justice you are legally entitled to, schedule an initial case evaluation with a Philadelphia criminal defense attorney from The Zeiger Firm. Give us a call or contact us online right now. We offer free, private introductory consultations.
Direct Appeal
You have the opportunity to submit a direct appeal to the state’s intermediate appellate courts if you were found guilty of a crime in Philadelphia or anywhere else in Pennsylvania. In a direct appeal, you have to demonstrate that there was a mistake made during your case’s trial court processes that either influenced or could have affected the verdict. Brian J. Zeiger, your attorney, is ready to work hard on your direct appeal.
He will carefully examine your case and pinpoint any problems that might result in significant relief, like having your conviction overturned or your sentence changed. In order to prevent you from losing the chance to have your criminal trial reviewed, our firm will also ensure that your direct appeal is filed on time. If you have reasons to appeal to the Pennsylvania Supreme Court, our reputable appeals law firm can assist you as well.
Federal Court of Appeals
Our firm can represent you in a direct appeal to the Third Circuit U.S. Court of Appeals, which hears appeals from Pennsylvania’s federal courts, if you were found guilty of a federal felony. Similar to state courts, you have to demonstrate that there was a mistake made during the District Court procedures that either influenced or could have affected the outcome of your trial. Inaccurate jury instructions or a District Court judge’s incorrect decision are two examples.
A petition for writ of certiorari, which allows you to request a discretionary appeal of your case before the court, can be filed with the help of attorney Brian J. Zeiger, who is also sworn in to the US Supreme Court.
Petitions for Habeas Corpus
A habeas corpus petition asks the federal courts to examine your conviction. You must demonstrate in a habeas petition that your criminal prosecution violated your federal constitutional rights. To put it another way, the petition must claim that you are being wrongfully detained because your rights were violated during your conviction. Therefore, your release should be ordered by a federal court.
We at The Zeiger Firm can assist you in determining whether aspects of your case may be brought up in a habeas corpus petition.
Act for Post-Conviction Relief (PCRA)
Under Pennsylvania’s Post-Conviction Relief Act (PCRA), you can request collateral review of your conviction if you were found guilty of a crime. A PCRA petition in Pennsylvania functions similarly to a federal habeas petition. You can request judicial review of your criminal trial through a PCRA petition if there were any violations or deprivations of your state or federal rights that changed or would have changed the outcome of your trial. Typical PCRA claim grounds consist of:
- inadequate support from direct appellate counsel or trial counsel
- A guilty plea that was obtained illegally
- Interference or obstruction of attempts to gain a direct appeal of a conviction by government or court officials
- Finding exonerating evidence that wasn’t available during the trial
- imposition of a sentence by the trial court that is known to be unlawful or that is not permitted by statute
- conviction by a court without the authority to hear the case
In addition to ensuring that your PCRA petition is filed on time, attorney Brian J. Zeiger is capable of identifying all possible claims that may be included in the petition.
Conclusion
A defendant’s next option is to file a direct appeal if they are unable to get relief in the trial court. Submitting a notice of appeal to the intermediate appeals court is the first step in the criminal appeals process. You risk losing your right to appellate review if you don’t file the notice of appeal within a certain time frame visit this page.
