Can You Appeal a Criminal Conviction in PA?

Key Takeaway

• A criminal conviction in Pennsylvania is not necessarily final; you have the right to challenge it through the appeals process.

• Strict deadlines govern Pennsylvania criminal appeals, and missing them can permanently close the door on relief.

• An appeal is not a new trial; it asks a higher court to review legal errors that affected the outcome of your case.

• Attorney Mark D. Bolkovac, appointed to the Pennsylvania Commission on Sentencing in 2024, brings decades of courtroom experience to criminal defense matters throughout western Pennsylvania.

A guilty verdict feels like the end of the road, but for many people in Pennsylvania it is not. Mistakes happen in criminal trials: evidence may have been admitted improperly, jury instructions may have been flawed, or a sentence may have been imposed in a way that does not align with Pennsylvania law. When any of those things occur, you may have grounds to appeal your criminal conviction and ask a higher court to correct the record.

The problem is that the appeals process in Pennsylvania is technical, deadline-driven, and very easy to navigate incorrectly without experienced legal counsel. If you are anywhere in western Pennsylvania and believe something went wrong in your case, the time to act is now. Our Criminal Defense page outlines how Bolkovac Law Offices approaches these matters and what we can do for you.

How the Pennsylvania Criminal Appeals Process Works

After a conviction, Pennsylvania law gives defendants specific procedural routes to challenge the result. Understanding which path applies to your situation is the first step toward protecting your rights.

The two primary avenues are a direct appeal and a petition under the Post Conviction Relief Act, commonly called a PCRA petition. Here is what each one involves:

• A direct appeal goes to the Pennsylvania Superior Court and must be filed within 30 days of sentencing.

• A PCRA petition can raise issues like ineffective assistance of counsel or constitutional violations that were not fully addressed on direct appeal.

• The PCRA has its own deadline, generally one year from the date your judgment of sentence becomes final.

• Some issues, such as newly discovered evidence, may allow a court to consider a late filing, but those exceptions are narrow.

• Federal habeas corpus relief may be available after state remedies have been exhausted, though it is governed by separate rules and strict time limits.

Common Misconceptions About Criminal Appeals in Pennsylvania

One of the most persistent myths is that an appeal is simply a second chance to re-argue the facts of your case in front of a new jury. That is not how it works. Appellate courts in Pennsylvania review the trial record for legal error. They do not hear new witness testimony or weigh evidence from scratch. If the jury believed a witness you think was lying, that credibility determination is generally not something an appeals court will revisit.

Another common mistake is waiting too long to consult an attorney. Many people spend weeks or months after sentencing deciding whether to appeal, not realizing the 30-day clock for a direct appeal is already running. Missing that window can force you into the more limited PCRA process, which carries its own restrictions. If you were convicted of a DUI or drug crime and believe errors occurred at trial, do not wait to get legal advice.

How Bolkovac Law Offices Approaches Criminal Appeals

At Bolkovac Law Offices, we begin every appeal by conducting a thorough review of the trial record, including transcripts, jury instructions, pre-trial motions, and sentencing documents. Our goal is to identify every arguable legal issue and evaluate which ones give you the strongest foundation for relief.

Attorney Mark D. Bolkovac has practiced criminal law in western Pennsylvania since 2002 and was appointed to the Pennsylvania Commission on Sentencing in 2024. That appointment reflects a deep familiarity with how sentences are constructed and challenged under Pennsylvania law, which matters significantly in both direct appeals and PCRA proceedings involving sentencing errors.

Building the Appellate Record

The trial record is the foundation of every appeal. Issues that were not preserved at trial through timely objections are often waived on direct appeal. Our attorneys review the trial record carefully to identify preserved issues and, where applicable, to raise ineffective assistance of counsel claims through the appropriate procedural channel.

Filing the Brief and Arguing Before the Court

Appellate advocacy is a distinct skill from trial work. A well-constructed brief must frame legal issues clearly, cite binding Pennsylvania authority, and explain precisely how an error harmed you. Our attorneys bring decades of courtroom experience to this work, presenting arguments in writing and, when the court permits, in oral argument before the Superior Court.

Practical Considerations for Greensburg and Western Pennsylvania Residents

Legal fees for criminal appeals vary based on the complexity of the trial record, the number of issues being raised, and whether the matter proceeds through one appellate level or multiple. Because every case is different, we encourage you to contact us directly for an accurate picture of what representation in your specific matter would involve. We serve clients across Westmoreland, Indiana, and Fayette counties, including residents of Greensburg, Latrobe, Jeannette, Connellsville, and Mount Pleasant.

Timing is the single most critical practical consideration. Whether your deadline is 30 days for a direct appeal or approaching the one-year PCRA cutoff, acting quickly gives your attorney the time needed to review the record thoroughly and build the strongest possible argument on your behalf.

People Also Ask

How long do you have to appeal a criminal conviction in Pennsylvania?

For a direct appeal, you generally have 30 days from the date of sentencing to file a notice of appeal with the Pennsylvania Superior Court. For a PCRA petition, the standard deadline is one year from the date your judgment of sentence becomes final, though narrow exceptions may apply in limited circumstances.

What are the grounds for appealing a criminal conviction in Pennsylvania?

Common grounds include legal errors during trial, improper admission or exclusion of evidence, unconstitutional jury instructions, ineffective assistance of counsel, and sentencing errors. An appeal must be based on legal error, not simply disagreement with the jury's verdict or the credibility findings made at trial.

Is it worth appealing a criminal conviction in Pennsylvania?

Whether an appeal makes sense depends on the specific facts of your case and whether preserved legal errors exist in the record. An experienced criminal defense attorney can review your trial record and give you an honest assessment of the strength of any potential appellate arguments before you decide how to proceed.

What is the difference between a direct appeal and a PCRA petition in Pennsylvania?

A direct appeal challenges legal errors that appear in the trial record and must be filed within 30 days of sentencing. A PCRA petition is a separate post-conviction remedy that can raise constitutional violations, newly discovered evidence, and claims of ineffective assistance of counsel, typically within one year of the sentence becoming final.

FAQ

Can I appeal if I accepted a guilty plea?

Appellate rights are significantly limited after a guilty plea. You generally cannot challenge the sufficiency of the evidence, but you may be able to raise issues related to the validity of the plea itself, ineffective assistance of counsel, or an illegal sentence. An attorney can review your specific situation and explain what options remain available to you.

What happens if my appeal is successful?

Depending on the nature of the error, the appellate court may reverse your conviction outright, order a new trial, or send the case back to the trial court for resentencing. The outcome varies based on the type of error found and what the reviewing court determines is the appropriate remedy under Pennsylvania law.

Do I need a different attorney for my appeal than the one who handled my trial?

You are not required to change attorneys, but there can be strategic reasons to do so. A trial attorney cannot simultaneously claim their own ineffectiveness on a PCRA petition, and a fresh review of the record by a different attorney sometimes reveals issues that were overlooked. We are glad to discuss your situation regardless of who handled the original case.

Can I visit your office to discuss my appeal?

Yes. Bolkovac Law Offices is located in Greensburg and has offices in Indiana, Murrysville, and Uniontown to serve clients across western Pennsylvania. Our office hours are Monday through Friday, 8:30 AM to 4:30 PM. You can also reach us by phone or through our website to arrange a time to speak with one of our attorneys about your matter.

Talk to a Criminal Defense Attorney in Greensburg, PA Today

If you or someone you care about is facing the aftermath of a criminal conviction in western Pennsylvania, there is no benefit to waiting. Time limits in the appellate process are strict, and every day that passes without legal guidance is a day closer to a deadline that cannot be extended. With decades of courtroom experience and attorney Mark D. Bolkovac's appointment to the Pennsylvania Commission on Sentencing, Bolkovac Law Offices is positioned to give your case a serious, thorough review.

We encourage you to read more about our firm on our About page and to visit our Blog for additional guidance on criminal defense and other legal topics affecting western Pennsylvania residents.

Visit Bolkovac Law Offices or call 724-837-2626 today. Speaking with an attorney as soon as possible gives you the best opportunity to protect your rights under Pennsylvania law. Contact us for more information.