If you've been convicted of a crime, the good news is that all criminal cases at the trial level in Bucks County can be appealed. But the circumstances in which they are appealed vary. Some appeals require more stipulations than others to be successful, and others require a number of things to occur before they can be effectively be filed. In this article, we'll address the types of appeals that are available for Bucks County defendants. For more information about an appeal in your unique case, contact us today.
Withdrawing a Plea
During an arraignment, defendants are given chance to make a plea. This is one of the most important decisions that defendants will make, so it's recommended that they have an attorney to help them make a sound decision. When a person pleads guilty, it means that they give up the right to a jury trial, and all of the issues, concerns, and arguments that are decided by a judge and jury. Basically, all that's left is a sentence.
Since a series of questions are asked of a defendant before filing a plea, it's incredibly difficult to appeal this decision later. Usually, the only ground for this type of appeal is that you would not have been found guilty of your charges if you didn't. This is a very high burden to prove, but it's possible with the help of an experienced criminal defense attorney.
An interlocutory appeal is an appeal that is filed before the trial itself has concluded. It essentially requests an appellate court to review an important aspect of a case that could potentially prevent a case from being properly decided. With an experienced criminal appellate attorney to defend you, the chances of you winning this appeal are vastly increased.
Post-Conviction Relief Act (PCRA)
Pennsylvania's Post-Conviction Relief Act, referred to as PCRA for short, affords defendants who are serving a sentence the right to challenge their conviction based on a specific argument. People who enforce this act oftentimes make the argument that their attorney's representation was not effective and made a mess of their case.
But a defendant's word isn't enough to get this granted. To obtain relief under the PCRA, one must prove the following three points:
- That the mistake an attorney made in your case is valid
- That the mistake an attorney made in your case was unreasonable and cannot be justified whatsoever
- That if the mistake made did not occur, there's a likelihood that the result of a criminal trial would have been different
Bucks County Criminal Appellate Attorney
For a more detailed account of the types of appeals in Bucks County, and the appeals process, you should contact skilled and experienced appellate attorney Joseph D. Lento. He can help you evaluate whether an appeal is an ideal option for you. He's helped many of his clients successfully overturn their convictions and win their new trials. Contact him today online or by phone at (215) 535-5353.