What is the difference between appeal and post-conviction?

A direct appeal challenges legal errors that appear in the trial record and must be filed shortly after sentencing. Post-conviction proceedings (PCRA petitions) generally come after direct appeals are exhausted and can raise claims not visible in the record, such as ineffective assistance of counsel or newly discovered evidence. The most significant difference is that appeals must be based on issues preserved during the trial and visible in the record, while post-conviction relief can address issues that require investigation and evidence outside the original trial record.

How long do you have to appeal a conviction in PA?

In Pennsylvania, you generally have 30 days from the date of sentencing to file a direct appeal to the Superior Court. For PCRA petitions, you typically have one year from the date your judgment becomes final (usually when direct appeals are exhausted or the time for filing them expires) to file, though there are limited exceptions to this deadline. These strict timelines highlight the importance of consulting with an experienced appeals attorney immediately after conviction to ensure critical deadlines are not missed.

What issues can I raise on direct appeal in Pennsylvania?

Direct appeals in Pennsylvania are limited to issues that were properly preserved during the trial through timely objections, motions, or other procedural requirements. Common appellate issues include evidentiary rulings, jury instruction errors, prosecutorial misconduct, sufficiency or weight of evidence challenges, and sentencing errors that appear in the trial record. The success of these arguments depends on demonstrating that the error affected the outcome of your case—not all legal errors result in reversal, as courts apply standards such as "harmless error" to determine whether relief is warranted.

Can I present new evidence in my PCRA petition?

Yes, you can present new evidence in a PCRA petition if you can demonstrate that the evidence was unavailable at trial despite reasonable diligence and would likely have changed the outcome if it had been presented. The new evidence must be presented within 60 days of discovery and must meet Pennsylvania's standards for after-discovered evidence, including showing it is not merely cumulative or impeaching. PCRA courts hold evidentiary hearings when properly pled claims of new evidence require factual development, giving petitioners the opportunity to present witnesses and documentation that wasn't available during the original trial.

Pennsylvania Appeals and Post-Conviction Lawyer | Criminal Appeals Attorney in Media, PA

Criminal Appeals Attorney in Media, PA Pursuing Every Legal Avenue in Delaware County, Philadelphia County, Bucks County, Chester County, Montgomery County, and Throughout The Commonwealth of Pennsylvania

When a conviction seems to close the door on your future, the judicial process offers critical opportunities for a second chance through appeals and post-conviction remedies. A dedicated Pennsylvania appeals and post-conviction lawyer at Santee Law Offices understands that trial verdicts are not always the final word.

For over two decades, Attorney David Santee has navigated Pennsylvania's complex appellate and post-conviction landscape, identifying judicial errors, constitutional violations, and newly discovered evidence that can transform seemingly hopeless situations into pathways toward justice.

Don't resign yourself to a conviction that may have resulted from legal errors, ineffective counsel, or evidence that hasn't been fully considered. With your freedom and future at stake, you deserve representation from an attorney who understands both the technical requirements and strategic approaches that make appeals and post-conviction advocacy effective.

Seeking Justice Beyond the Trial: Pennsylvania Appeals and Post-Conviction Relief

Our justice system is far from perfect. Sometimes judges make mistakes. Sometimes criminal defense lawyers fall down on the job. Sometimes the law changes, creating new rights for those who have already been convicted and sentenced. And sometimes new evidence comes to light and it changes everything.

The Post-Conviction Relief Act (PCRA)

Fortunately, the law recognizes these imperfections and offers some solutions. In a criminal case, there is an automatic right to appeal to the Superior Court of Pennsylvania, raising any legal errors that occurred during the process to that point. Someone who is convicted may also file a petition under the Post-Conviction Relief Act (PCRA), raising additional issues, such as ineffective assistance of counsel, a new constitutional right, or new evidence that has come to light that calls the conviction into question.

The Pennsylvania Post-Conviction Relief Act is a state law that provides a mechanism for convicted individuals to challenge their convictions or sentences even after direct appeals have been exhausted. PCRA petitions can raise claims, including constitutional violations, ineffective assistance of counsel, newly discovered evidence, and illegal sentences that were not previously litigated. Successfully proving a PCRA claim can result in various remedies, including a new trial, resentencing, or, in rare cases, complete dismissal of charges.

The Pennsylvania appeals and post-conviction lawyer at Santee Law Offices represents clients on appeal from civil, criminal, and administrative courts, and on PCRA petitions in criminal matters. There are strict time limits for filing these claims. Therefore, if you or someone you know wants to challenge a conviction, please reach out to us today for a consultation.

Facing a Criminal Issue?

Get a confidential consultation with a top-rated criminal lawyer in Media, PA.

Schedule Your Consultation

215-935-4481

When Judges Make Mistakes: The Appellate Process

A judge will make several hundred decisions during the course of a typical criminal case. This includes every time the judge says “sustained” or “overruled” during the trial, every instruction the judge decides to give to the jury, and all of the factors the judge takes into consideration before imposing the sentence. In making those decisions, they are required to follow the law and exercise their discretion fairly. But even the best judges make mistakes. And a mistake by the judge can change the outcome of the case.

Fortunately, the law provides a remedy. In all criminal cases, the defendant has an automatic right to appeal to the Superior Court of Pennsylvania, raising any legal errors (otherwise known as judge’s mistakes) that occurred before trial, during trial, and at sentencing. If the judge made one hundred decisions, there are one hundred possible grounds for appeal.

Identifying the errors—the grounds for appeal—is only the beginning. An effective appellate lawyer knows how to find the right law and make the most persuasive arguments. The Law Offices of David S. Santee, LLC has successfully represented many clients on appeal in Pennsylvania’s appellate courts. If you or someone you know wants to challenge a conviction, please reach out to us today.

The Pennsylvania Criminal Appeal Process Explained

Navigating the Pennsylvania criminal appeal process requires understanding specific procedures, strict deadlines, and strategic considerations at each stage. When you've been convicted of a crime, the appellate process offers structured opportunities to challenge legal errors that may have affected your case outcome. Our Pennsylvania appeals and post-conviction lawyer guides clients through this complex system with experience developed over two decades of appellate practice.

The Pennsylvania criminal appeal process typically involves the following:

Post-sentence motions: Optional but strategically important filings within 10 days of sentencing that preserve issues and may extend the appeal deadline
Notice of appeal: A jurisdictional filing due within 30 days of sentencing (or ruling on post-sentence motions) that initiates the appeal
Concise statement of errors: Required filing identifying specific legal errors being challenged, typically due within 21 days of the appeal notice
Record transmission: The trial court assembles and forwards the complete case record to the appellate court
Appellant's brief: Your attorney's written argument presenting legal claims, relevant facts, and supporting case law
Commonwealth's brief: The prosecution's response arguing against your claims
Reply brief: Optional filing addressing new points raised in the Commonwealth's brief
Oral argument: In selected cases, attorneys present arguments directly to the appellate panel
Decision: The appellate court issues a written opinion either affirming the conviction, ordering relief, or remanding for further proceedings

Understanding this process is essential, but success requires more than procedural knowledge. Effective appeals demand thorough record analysis, strategic issue selection, compelling legal writing, and persuasive advocacy. At Santee Law Offices, we provide comprehensive representation throughout this challenging journey, working to identify and effectively present your strongest grounds for relief.

How Santee Law Offices Can Help With Your Appeal

As a Pennsylvania appeals and post-conviction lawyer with over two decades of experience, Attorney David Santee brings sophisticated legal research aptitudes, persuasive writing skills, and strategic thinking to every case. We identify potential errors and develop compelling legal arguments supported by relevant case law to present your strongest possible case to the appellate courts.

Direct Appeal Representation

Our approach begins with a comprehensive review of your trial record, identifying potential errors such as improper evidence admissions, incorrect jury instructions, prosecutorial misconduct, and sentencing irregularities. We handle all aspects of your appeal, from filing deadline compliance to brief writing to oral arguments before appellate panels, maintaining clear communication about your case status and options throughout the process.

Post-Conviction Advocacy

Post-conviction proceedings require particular knowledge, as they often involve developing evidence outside the original trial record. Attorney Santee's experience investigating ineffective assistance of counsel claims, tracking down newly discovered evidence, and presenting constitutional violations provides critical advantages during these complex proceedings. Throughout this challenging journey, we work diligently to secure the justice you deserve through every available post-conviction remedy.

Why Choose an Experienced Criminal Appeals Attorney in Media, PA, at Santee Law Offices for Your Case?

As a dedicated criminal appeals attorney in Media, PA, Attorney David Santee brings unique qualifications to appellate and post-conviction advocacy that set our firm apart from general practice attorneys who handle appeals infrequently. Our appellate practice is built on understanding both the technical requirements and persuasive strategies that yield results in Pennsylvania's appellate courts.

Our appellate and post-conviction advantages include:

In-depth appellate knowledge: We understand the distinct procedures, standards of review, and persuasive approaches that succeed in appellate courts.
Strategic issue selection: We identify and focus on the strongest arguments that present the best opportunities for relief rather than diluting your case with weaker claims.
Extensive legal research: Our thorough research uncovers supporting precedents and legal theories that strengthen your position on appeal.
Compelling brief writing: We craft clear, persuasive briefs that present complex legal arguments in accessible, compelling narratives that resonate with appellate judges.
Effective oral advocacy: Attorney Santee's extensive experience before appellate panels allows him to anticipate and address judicial concerns during critical oral arguments.
Post-conviction investigation: We conduct the detailed investigation necessary to develop evidence supporting ineffective assistance claims and other post-conviction matters.
Timely filing compliance: We ensure all appeals and post-conviction petitions meet Pennsylvania's strict procedural deadlines that can permanently bar relief if missed.

At Santee Law Offices, our Pennsylvania appeals and post-conviction lawyer understands that appeals and post-conviction proceedings often represent your last opportunity to correct injustice. We approach each case with the diligence, commitment, and comprehensive knowledge these high-stakes matters demand.

About Criminal Appeals and Post-Conviction in Pennsylvania

Pennsylvania employs a three-tiered appellate system consisting of the Superior Court, Commonwealth Court, and Supreme Court. The Superior Court handles most criminal and civil appeals from the Courts of Common Pleas, while the Commonwealth Court primarily addresses government-related cases and administrative agency decisions. The Pennsylvania Supreme Court sits at the apex of the system, exercising both mandatory jurisdiction in certain matters and discretionary review in cases of significant importance through its allocatur process.

Each year, approximately 8,000 Pennsylvanians pursue direct appeals, and another 4,000 file post-conviction petitions—you are not alone in seeking justice beyond your initial conviction. These appellate mechanisms serve as essential safeguards against miscarriages of justice, ensuring that constitutional rights are protected even after trial. Appeals and post-conviction proceedings represent the justice system's recognition that no human process is infallible and that meaningful review is necessary to maintain public confidence in our courts.

Contact the Experienced Pennsylvania Appeals and Post-Conviction Lawyer at Santee Law Offices for a Case Evaluation

Don't let strict filing deadlines or procedural complications prevent you from pursuing justice after a conviction—contact an experienced Pennsylvania appeals and post-conviction lawyer who understands both the technical requirements and strategic approaches necessary for success. Attorney David Santee has helped numerous clients secure relief from unjust convictions and sentences. Reach out to our criminal defense team to learn how he can help you.

Contact Santee Law Offices today at 215-935-4481 to schedule your confidential consultation and take the critical first step toward fighting for the justice you deserve.

Pennsylvania Appeals and Post-Conviction Lawyer