Criminal Appeals Lawyer Philadelphia: Defending Your Rights

A Former Appellate Prosecutor at Your Side

We Are The
Appeals Firm in
PHILADELPHIA

Being convicted of a crime is a devastating development. It’s natural that you could even be thinking about giving up, but you may have a chance to appeal your conviction if you start now.

KEEP ON FIGHTING.

Contact our experienced appeals lawyers today.

If you have been wrongfully convicted of a crime and believe you have grounds to appeal a court’s ruling, it is important to understand the criminal appeals process before taking any steps. First and foremost, you must have solid ground for an appeal. Some grounds for an appeal to the appellate court include:

There was misconduct by law enforcement officers or prosecutors

The judge refused to exclude tainted or otherwise inadmissible evidence
Misconduct by jurors
Misconduct by prosecutors

The conviction was not supported by sufficient evidence

After the appeal is initiated, we file a pleading called a Rule 1925 Statement that identifies and preserves all potential issues to argue in the appellate court.

The lower court made an error of law, such as an incorrect evidentiary ruling, an improper jury instruction, or a harsh and excessive sentence.

Errors made by trial judge while instructing the jury
Mistakes or incorrect rulings by the trial judge
Sentencing errors including sentences in excess of legal maximums

If you believe any of these qualifying factors were present during your trial, you will need to contact an appellate lawyer to help you with the process of filing your criminal appeal. Contrary to popular belief, criminal cases do not always conclude with a conviction in the trial court.

Often, a case will continue after sentencing into the post-conviction stage. It is during this time that the defendant is able to ask the judge to either review the conviction or the sentence. At this time, the case may also move to a higher court for the criminal appellate process.

It is important to secure a criminal appellate lawyer to assist you with this complicated process. Success is more likely with an experienced criminal appellate lawyer who understands the rules and procedures required to effectively litigate an appeal.

We have successfully litigated cases in Philadelphia and throughout the Commonwealth of Pennsylvania and PHILADELPHIA for crimes such as:

How The Appeals Process Works in Philadelphia

Navigating the appeals process in Philadelphia requires a comprehensive understanding of the Commonwealth’s legal system and the specific procedures involved. At Mosser Legal, we have extensive experience with appellate cases in Philadelphia, and we are committed to guiding our clients through the appeals process with clarity and expertise.

Here is an overview of how the appeals process works in Philadelphia:

Filing the Notice of Appeal

The appeals process begins by filing a Notice of Appeal with the trial court. The Notice of Appeal informs the court and the opposing party that you intend to in an appeal.

It is crucial to adhere to the strict filing deadlines set by Philadelphia's appellate rules to ensure that your appeal is properly initiated.

Identification of Appellate Issues

After the appeal is initiated, we file a pleading called a Rule 1925 Statement that identifies and preserves all potential issues to argue in the appellate court.

Record Preparation

Once the Notice of Appeal is filed, the trial court will prepare the Certified Record, which includes all relevant documents, transcripts, and exhibits from the trial, as well as our Rule 1925 Statement. The Record serves as the foundation for your appeal and will be reviewed by the appellate court.

Appellate Briefs

Appellate briefs are written arguments presented to the appellate court, detailing the legal issues, facts, and arguments supporting your appeal. The appellant files an opening brief, presenting their case. The appellee, the opposing party, then files a responsive brief, addressing the appellant's arguments.

Finally, the appellant may file a reply brief to respond to the appellee's arguments. Our skilled appellate lawyers excel in crafting concise and persuasive briefs that articulate why the appellate court should rule in your favor.

Oral Arguments

In some cases, the appellate court may schedule an oral argument to allow the parties to present their case in person after briefs have been submitted. During oral arguments, each party has an opportunity to address the appellate court's questions and further advocate for their position.

Mr. Mosser has engaged in oral argument in all of Pennsylvania’s appellate courts, as well as the Third Circuit Court of Appeals (federal) for well over twenty years and understands the strategic importance of oral argument and the most effective way to present oral arguments to the appellate courts.

Appellate Court Decision

After reviewing the briefs and hearing oral arguments, the appellate court will render its decision. The court may affirm the lower court's decision, reverse it, remand the case for further proceedings, or take other appropriate actions based on the specific circumstances of the case. Our appellate lawyers are prepared to proceed at the next level as directed by the appellate court.

Other Types Of Appeals We Handle

Areas We Serve

TALK TO AN ATTORNEY ABOUT YOUR CASE

If you’re looking for a Philadelphia civil appeals attorney attorney who can help you navigate a wrongful conviction or an appeals attorney who can guide you through a civil appeal, we can help.

Contact Mosser Legal today to schedule a free consultation and take the first step toward seeking justice and protecting your constitutional rights.

Criminal Appeals Lawyer Philadelphia — FAQs

What does a criminal appeals lawyer in Philadelphia do?

A criminal appeals lawyer in Philadelphia reviews trial transcripts, court records, and rulings to identify legal errors that may have affected a conviction or sentence. The attorney prepares appellate briefs and argues before higher courts to seek reversal, sentence reduction, or a new trial.

How do I file a criminal appeal in Pennsylvania?

To start a criminal appeal in Pennsylvania, a defendant must file a Notice of Appeal with the trial court within strict deadlines, usually within 30 days after sentencing. Missing this deadline can result in losing the right to appeal.

What are the most common grounds for a criminal appeal?

Common grounds for a criminal appeal include judicial errors, prosecutorial misconduct, insufficient evidence, improper jury instructions, and sentencing mistakes. Appeals focus on legal errors, not simply disagreeing with the verdict.

Can a criminal conviction be overturned on appeal?

Yes. A successful criminal appeal in Philadelphia can result in a conviction being reversed, a sentence being modified, or the case being sent back for a new trial. Each case depends on the strength of the legal arguments presented.

How long does the criminal appeals process take in Pennsylvania?

The criminal appeals process in Pennsylvania typically takes several months to over a year. The timeline depends on court schedules, case complexity, and the preparation of appellate briefs and records.

What is a Rule 1925 Statement in Pennsylvania?

A Rule 1925 Statement is a document filed during the appeals process that identifies specific legal errors made during the trial. It preserves those issues for review by the appellate court.

Do I need a different attorney for a criminal appeal?

Yes. Appellate lawyers focus on legal research, writing, and procedural rules, which differ from trial advocacy. Hiring an experienced criminal appellate attorney in Philadelphia can significantly improve your chances of success.

What happens after a Notice of Appeal is filed?

After filing a Notice of Appeal, the court prepares the certified trial record. Attorneys then submit appellate briefs, and in some cases, the court schedules oral arguments before issuing a decision.

What types of criminal cases can be appealed?

Many cases qualify for appeal, including convictions involving:

Murder
Drug offenses
Assault
Sexual assault
Sentencing disputes

Appeals focus on legal mistakes made during the trial process.

What is the difference between a direct appeal and PCRA relief?

A direct criminal appeal challenges legal errors made during the trial.
A PCRA petition in Pennsylvania addresses constitutional violations, ineffective assistance of counsel, or newly discovered evidence after appeals are completed.

What does an appellate brief include?

An appellate brief includes legal arguments, case law, trial facts, and explanations of how errors affected the outcome. Strong appellate briefs are essential to a successful criminal appeal.

Can sentencing errors be appealed?

Yes. Sentencing errors in Pennsylvania — including illegal sentences or penalties exceeding statutory limits — may be challenged through a criminal appeal.

Why hire a Philadelphia criminal appeals attorney?

Hiring a Philadelphia criminal appeals attorney ensures your case is handled by someone who understands appellate rules, deadlines, and persuasive legal writing. Appeals are technical and require experience with appellate courts.