Types of Appeals in Chester County

A guilty verdict is not the end of the road for Chester County defendants. In all criminal cases at the trial level in this county can be appealed. But the circumstances in which they can be appealed vary. There are some appeals that have more conditions that you'll need to prove to be successful, and others require a number of things to occur before they can be effectively filed. In this article, we'll address the types of appeals that are available for Chester County defendants. For more information about an appeal in your case, contact us today.

Withdrawing a Plea

During an arraignment, a couple things will occur. A defendant will be notified of all of their charges, an amount for bail will be set, and most importantly, a plea will be entered. This is one of the most important decisions that a defendant can make, so it's recommended that an attorney is present to ensure that a sound decision is made. Defendants must file a “guilty,” “not guilty” or “no contest” plea in order for their case to proceed. When a person pleads guilty, they give up their right to a jury trial and forfeits the mitigation of the issues, concerns, and arguments that are decided by a judge and jury. Ultimately, all that's left is to assign a sentence.

It's important to remember that since it's presumed that a defendant understands what pleading guilty entails, it becomes incredibly different to appeal this decision later. The only ground that can be made on this type of appeal is that you would not have been found guilty of your charges if you didn't make this plea. This is pretty difficult to prove, but it's possible with the help of an experienced criminal defense attorney.

Interlocutory Appeal

An interlocutory appeal is filed before a verdict is given. It requests that an appellate court review an important aspect of a case that could have possibly prevented a case from being fairly and properly resolved.

Post-Conviction Relief Act (PCRA)

Pennsylvania's Post-Conviction Relief Act, commonly known as PCRA, allows defendants who are serving a sentence to challenge the decision made a by a judge or jury based on a specific argument. Many defendants who use this act for relief make the argument that their attorney's representation was ineffective and that resulted in the unfavorable verdict.

A defendant's beliefs about their attorney's actions (or lack thereof) aren't enough to get relief by means of the PCRA. One must effectively prove the following three points:

  1. The mistake an attorney made in your case is valid, or of arguable merit
  2. The mistake an attorney made in your case was unreasonable and cannot be justified in any way, shape, or form
  3. If the mistake made did not occur, there's a likelihood that the result of a criminal trial would have been different

Chester County Criminal Appellate Attorney

For a more detailed account of the types of appeals in Chester 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.

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Attorney Joseph D. Lento has nearly a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania and New Jersey attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, Outside of Pennsylvania and New Jersey, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance is educational advice, and does not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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