When you or a loved one is in need of a criminal appeals lawyer, it’s an emotional time. The need for an appeal means someone has already been convicted and sentenced. It seems that all hope is lost. Therefore, having an attorney who understands the delicate nature of appeals and the complicated process can help to ease the stress.
After a conviction is not the time to fall apart, though. When it comes to overturning convictions or sentencing, time is of the essence. There is a limited window during which post-sentence motions and direct appeals must be filed, and delays may result in the loss of appellate rights, making certain aspects of a case more difficult or even impossible to challenge.
Appeals in Pennsylvania
Our legal system does the best it can, but there is always room for human error, and there are numerous reasons to file an appeal and seek a new trial. The admissibility of evidence and the denial of pre-trial motions are two of the most common reasons. There are few things more frustrating than feeling your case was not fairly tried in the courtroom.
The appeals process seeks to correct legal errors made during the original trial. After a thorough investigation into the case, Philadelphia criminal appeals attorney Brian M. Fishman can determine the strongest issues to raise on appeal, ensuring you get the best chance at getting that fair trial you feel you did not get the first time around and possibly overturning an unjust conviction.
Philadelphia County Criminal Appeals Lawyer
An appeal is not the same as an original trial, and there are many legal regulations that govern when and how an appeal may be filed. That’s why it is vital to have an appellate lawyer who knows the rules of the appellate courts and is up-to-date on procedures and the latest legal developments.
Attorney Brian M. Fishman has years of experience filing and arguing appeals on the basis of mistakes or poor judgment made during trial, or uncovering legal errors. The first step is to file a direct appeal with the Superior Court of Pennsylvania, which should be done as expeditiously as possible, so you do not lose your right to appeal and you maintain your peace of mind. Even if the Superior Court upholds a conviction, you can petition for allocatur with the Pennsylvania Supreme Court where you seek to have the Supreme Court review the Superior Court’s ruling to affirm or uphold the conviction and sentence.
The keys to a successful appeal are to comb through the trial court record for legal errors and then conduct diligent legal research. Court rulings are overturned all the time, new evidence is uncovered, and witnesses recant their trial testimony. When you have been convicted in Pennsylvania that does not mean you have reached the end of the line. Sometimes appealing is the best way to ensure justice is served.
The Fishman Firm, LLC, is a criminal law firm located in Philadelphia, PA. Attorney Brian M. Fishman is a criminal defense attorney who concentrates his practice on defending the rights of those accused of criminal offenses. He has successfully defended clients in a wide range of criminal cases, and will aggressively defend your rights in court and in negotiations outside the courtroom. If you have been charged with any criminal offense in Philadelphia, Montgomery, Delaware, Bucks or Chester county, contact Brian M. Fishman at his Philadelphia office to schedule a free consultation with an experienced Philadelphia criminal defense lawyer.