Pittsburgh Criminal Appeals Lawyer

A criminal conviction or sentence does not always mark the end of the legal process. Trial courts can make legal errors, constitutional issues may be decided incorrectly, evidence may be admitted or excluded improperly, and sentences may be imposed based on an error of law or procedure. A criminal appeal provides an opportunity to ask a higher court to review those decisions.

A criminal appeal asks a higher court to review the proceedings and determine whether a legal error requires relief. An appeal is not a new trial or an opportunity simply to present the case again. Effective appellate representation requires careful analysis of the existing record, disciplined issue selection, persuasive legal writing, and sound professional judgment.

Levenson Law Firm represents individuals pursuing criminal appeals in Pennsylvania state and federal courts. Every appeal begins with a disciplined review of the trial court record, the issues preserved below, the applicable standard of review, and the relief that may realistically be available.

The strategy depends on the case. The commitment does not.

What Is a Criminal Appeal?

A criminal appeal is a request for a higher court to review a conviction, sentence, or another appealable ruling entered by a trial court.

Unlike a trial, an appeal does not involve new witnesses or new evidence. Instead, the appellate court reviews the existing record to determine whether legal error occurred and whether that error affected the outcome of the proceedings.

The appellate record may include:

• Pretrial motions and responses
• Suppression hearing transcripts
• Trial transcripts
• Trial exhibits
• Jury instructions
• Sentencing proceedings
• Orders and written opinions
• Post-sentence motions

Because appellate courts generally review only the existing record, preserving issues in the trial court is often critical to appellate review.

When Should You Contact a Criminal Appeals Lawyer?

Appellate deadlines are strict. Speaking with appellate counsel as soon as possible provides the greatest opportunity to evaluate potential issues, preserve deadlines, and obtain the necessary records.

You should consider contacting a criminal appeals lawyer if:

• You were convicted after trial.
• You believe the trial court made a legal error.
• Your suppression motion was denied.
• You believe the evidence was legally insufficient.
• You received an unlawful or unreasonable sentence.
• Your post-sentence motion was denied.
• You want an independent review of another attorney’s trial representation.

Every appeal begins with determining what issues were preserved, what standard of review applies, and what relief the appellate court may lawfully provide.

The Pennsylvania Criminal Appeals Process

Most Pennsylvania criminal appeals from the Courts of Common Pleas are heard by the Pennsylvania Superior Court. Depending upon the procedural history, additional review may later be sought in the Pennsylvania Supreme Court. Appeals arising from Pennsylvania prosecutions often begin with issues developed during the underlying criminal defense proceedings.

A Pennsylvania criminal appeal generally involves:

• Reviewing the complete trial court record.
• Obtaining all necessary transcripts.
• Researching applicable statutes and appellate decisions.
• Preparing appellate briefs.
• Presenting oral argument when appropriate.
• Evaluating whether further review should be sought.

Federal Criminal Appeals

Federal criminal appeals involve different procedural rules, different standards of review, and a different appellate court than Pennsylvania state appeals. Appeals from the United States District Court for the Western District of Pennsylvania are generally heard by the United States Court of Appeals for the Third Circuit.

Federal appellate issues may arise from pretrial rulings, trial proceedings, guilty pleas, sentencing, or other appealable orders. Every appeal requires careful review of the district court record, the governing law, and the issues properly preserved during the underlying federal criminal case.

Federal appellate issues may include:

• Constitutional challenges.
• Suppression rulings.
• Admission or exclusion of evidence.
• Interpretation of federal criminal statutes.
• Sufficiency of the evidence.
• Jury instructions.
• Federal Sentencing Guidelines calculations.
• Procedural or substantive sentencing issues.
• Interpretation of appellate waivers.

Because federal appellate practice differs substantially from trial practice, successful appellate advocacy requires a disciplined understanding of both the governing law and the applicable standards of review.

Standards of Review

One of the most important concepts in appellate practice is the standard of review. It determines how much deference an appellate court gives to the trial court’s decision and often shapes the entire appeal.

Some issues are reviewed as questions of law. Others involve factual findings or discretionary decisions by the trial court. Effective appellate advocacy requires identifying not only the legal error, but also demonstrating why that error warrants relief under the applicable standard of review.

Careful issue selection is often as important as persuasive legal writing. Raising every conceivable argument rarely strengthens an appeal. Instead, appellate strategy requires focusing on the issues that present the strongest legal basis for relief.

Common Issues Raised on Criminal Appeal

Every appeal is different, but criminal appeals commonly involve issues such as:

• Improper admission or exclusion of evidence.
• Suppression rulings.
• Constitutional violations.
• Insufficient evidence.
• Errors in jury selection or jury instructions.
• Prosecutorial misconduct.
• Sentencing errors.
• Errors affecting guilty pleas.
• Interpretation of criminal statutes.

Not every unfavorable ruling creates a viable appellate issue. Every potential claim must be evaluated in light of the trial record, the applicable law, the standard of review, and whether the issue was properly preserved.

Possible Outcomes of a Criminal Appeal

The outcome of a criminal appeal depends on the issues presented, the applicable law, and the appellate court’s decision. Depending upon the circumstances, the appellate court may affirm the judgment, reverse a conviction, vacate a sentence, order a new trial, remand the case for additional proceedings, or grant other relief authorized by law.

Not every appeal results in reversal. One of the most important parts of appellate representation is providing clients with a realistic assessment of both the strengths of the appeal and the potential remedies available under the law.

What Clients Can Expect From Levenson Law Firm

Every criminal appeal begins with a careful review of the complete trial court record, the governing law, and the issues preserved for appellate review. We identify the strongest legal issues, explain the applicable standards of review, evaluate the realistic likelihood of success, and develop an appellate strategy tailored to the individual case.

We intentionally limit our caseload so every appeal receives the time, preparation, and professional judgment it deserves.

No lawyer can honestly promise that an appeal will succeed. What we can promise is careful preparation, sound professional judgment, and individualized representation throughout every stage of the appellate process.

Frequently Asked Questions About Criminal Appeals

Is a criminal appeal a new trial?

No. A criminal appeal reviews the existing trial court record. Appellate courts generally do not hear new witnesses or consider new evidence.

Can new evidence be presented on appeal?

Generally, no. Criminal appeals are ordinarily limited to the record created in the trial court.

Can every criminal conviction be appealed?

Most criminal convictions may be subject to appellate review, but the issues available on appeal depend upon the procedural history of the case, the issues preserved below, and the governing law.

How long does a criminal appeal take?

Every appeal is different. The overall timeline depends on the court, the complexity of the issues, preparation of the record, and the appellate briefing schedule.

What is the difference between a criminal appeal and post-conviction relief?

A direct criminal appeal reviews legal issues arising from the trial court proceedings. Post-conviction relief proceedings involve different procedures and may address issues that cannot be resolved through a direct appeal. The appropriate remedy depends upon the specific circumstances of the case.

Determining whether a direct appeal, post-conviction relief, or another remedy is appropriate begins with a careful review of the procedural history and the issues presented in the case.