The 2026 Philadelphia criminal appeal process typically requires filing a Notice of Appeal within 30 days of sentencing. However, exceptions apply, and it may also be possible to seek a reversal under the Post-Conviction Relief Act (PCRA) after 30 days. Potential grounds for reversal include, but are not limited to, abuse of discretion by the trial judge, ineffective assistance of counsel, or newly discovered evidence that was unavailable during the initial trial.

In Pennsylvania, a conviction is not necessarily the end of your criminal case. Following a conviction, it may be possible to file an appeal on various grounds. Filing a petition for post-conviction relief may be an option as well. Since any type of criminal conviction can have life-altering consequences, if you have been convicted, it will be well worth talking to an experienced Philadelphia criminal appeals lawyer about the legal options you have available.  

If you have grounds to file an appeal or a petition for post-conviction relief, you will need to take appropriate legal action to preserve your rights before the relevant deadline expires. Even if you have been wrongfully convicted, you can be forced to serve your sentence if you don’t take action in time. As long as you contact a lawyer with time to spare, your lawyer will be able to take the necessary steps to make sure you can file an appeal or post-conviction petition as warranted.

Appellate Deadlines in PA

Appeals and petitions for post-conviction relief are both subject to strict deadlines under Pennsylvania law. For appeals, a Notice of Appeal must generally be filed within 30 days of sentencing. However, if either side files any post-sentencing motions, then the 30-day filing window runs from the date that these motions are resolved.

Importantly, a Notice of Appeal is not a formal appeal itself. While preparing an appeal is a complex process that requires a thorough review of the trial record and an in-depth analysis of the relevant legal principles, a Notice of Appeal is a one-page form that is strictly used to preserve your appellate rights post-conviction.

For post-conviction petitions, the deadline to file is typically one year from the date of the judgment that you are seeking to overturn. However, this one-year deadline does not apply in the following scenarios:

  • “[F]ailure to raise the claim previously was the result of interference by government officials with the presentation of the claim in violation of the Constitution or laws of this Commonwealth or the Constitution or laws of the United States;”
  • “[T]he facts upon which the claim is predicated were unknown to the petitioner and could not have been ascertained by the exercise of due diligence;” or,
  • “[T]he right asserted is a constitutional right that was recognized by the Supreme Court of the United States or the Supreme Court of Pennsylvania after the [standard one-year period] and has been held by that court to apply retroactively.”

In these scenarios, the deadline to file is, “one year [from] the date the claim could have been presented.” If it has been more than one year since your conviction, your Philadelphia criminal appeals lawyer can determine if any of these exceptions apply—and, if so, your lawyer can then determine the date by which you need to file.

Grounds for Reversal

There are several potential grounds for seeking reversal of a criminal conviction in Pennsylvania state court. While the specific grounds for filing an appeal and filing a petition for post-conviction relief vary, the grounds for seeking to reverse a criminal conviction generally include:

  • Abuse of discretion
  • Due process violations
  • Errors of law
  • Improperly admitting or excluding evidence
  • Incorrect jury instructions
  • Ineffective assistance of counsel
  • Insufficient evidence to support the verdict
  • Invalid guilty plea
  • Lack of jurisdiction
  • Newly discovered evidence
  • Prosecutorial misconduct
  • Sentencing errors

Determining what grounds (if any) you have to challenge your conviction or sentence will require a comprehensive review of your case. This includes not only the substantive factual and legal issues involved, but also the procedural aspects of your trial. An experienced criminal appeals lawyer will be familiar with the grounds for seeking appellate review or post-conviction relief and will be able to provide a comprehensive assessment of your legal options based on the specific circumstances at hand.

Philadelphia Court Procedures

Along with meeting the applicable deadline, if you have grounds to seek judicial review or post-conviction relief in Philadelphia, you must strictly comply with all other applicable court procedures as well. The specific procedures you need to follow depend on whether you are filing a Notice of Appeal or a post-conviction petition. Since procedural errors can prevent you from securing the justice you deserve, it is imperative to rely on the advice and representation of an experienced criminal appeals lawyer who can navigate the process on your behalf.

Post-Conviction Relief Act (PCRA)

The Post-Conviction Relief Act (PCRA) is a state statute that establishes the right to seek judicial review of a conviction or sentence outside of the appeals process. As noted above, the deadline for seeking post-conviction relief is later than the deadline for filing an appeal, so seeking post-conviction relief can be vital in many cases. If you need to seek relief under the PCRA, Philadelphia criminal appeals lawyer Brian Fishman can explain everything you need to know.

Ineffective Assistance Claims

One of the most common grounds for seeking post-conviction relief under the PCRA is ineffective assistance of counsel. Ineffective assistance claims are based on evidence that a defendant’s trial counsel failed to do what was necessary to prevent an unjust conviction. Since challenging your conviction may involve raising issues with the legal representation you received at trial, it is important to hire a different lawyer to represent you in your efforts to have your conviction overturned.

Discuss Your Case with Experienced Philadelphia Criminal Appeals Lawyer Brian Fishman

If you need to know more about your options for challenging a criminal conviction or sentence under Pennsylvania law, we encourage you to contact us right away. To discuss your case with experienced Philadelphia criminal appeals lawyer Brian Fishman in confidence, call 267-758-2228 or tell us how we can contact you online now.