Helping Pennsylvanians Appeal Past Convictions
For Pennsylvanians currently serving time for a state or federal conviction, it is crucial to take action immediately. A conviction can jeopardize your financial stability and freedom, but with the support of an experienced and successful attorney, clients can protect their future and limit the negative impact of a conviction.
At Stanton D. Levenson, P.A. Law Offices, in Pittsburgh, we have over 50 years of combined experience and possess a thorough understanding of the criminal defense process and the post-conviction relief act. This knowledge, combined with our accessibility and ability to collaborate, has helped us defend the rights of Pennsylvanians seeking to appeal a conviction.
What To Know About The Post-Conviction Relief Act
Mistakes happen, even during court proceedings. Whether it was made by the defendant’s legal team, the prosecution or the judge, Pennsylvanians have rights and should not have to suffer in jail due to the errors of another person. To qualify under the post-conviction relief act and to appeal your conviction, there must have been evidence of ineffective counsel, a violation of the Pennsylvania or U.S. Constitution, an unlawful admission of guilt, a jail sentence surpassing the maximum allowable sentence or the discovery of exculpatory evidence.
Options And Considerations For A Post-Conviction Appeal
If you are thinking about appealing a conviction, it is important to consider a few key factors before taking action. Time constraints are a major factor in the post-conviction appeal process. An appeal must be filed within 10 days of the original sentence and a notice of appeal must be submitted within 30 days.
Next, you must determine which type of appeal is right for your case. There are two options in Pennsylvania, which are direct and collateral appeals. Direct appeals challenge relevant matters of record. Collateral appeals are used to contest matters outside of trial, including constitutional rights violations.
Afterward, determining the correct court to file your appeal with should be your next step. In Pennsylvania, there are the Superior Court, Commonwealth Court and Supreme Court. Be sure to find an attorney who is experienced in the court’s corresponding jurisdiction.
Finally, be sure your appeal is based on legal errors and not errors of fact. This means your appeal should consider how evidence-related mistakes or the conduct of the prosecution and jury affected your case.
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How Can We Find Post-Conviction Relief For You?
If you are currently serving time in jail and believe you qualify for post-conviction relief, it is in your best interest to contact a knowledgeable criminal defense attorney at your earliest opportunity. To learn more about the post-conviction relief process and to protect your rights, please reach out to our firm at 412-552-3231 or by filling out our online form.