Can You Appeal A Sentence If You Plead Guilty in Pennsylvania?
If you have been found guilty of a crime in the state of Pennsylvania, you may be stressed and frightened from the experience. For most, it is a difficult process to get through. You should know you don’t have to accept the guilty charge you were given. It should be noted that if you plead guilty to the crime, you cannot appeal the sentence in Pennsylvania. You still have choices to consider, however.
What to Do If You Plead Guilty in Pennsylvania
If you were talked into pleading guilty, but you do not agree with the findings brought up in court, you will be able to appeal the conviction and seek a new judgment from getting a new trial. You will begin by making a motion to the court to withdraw your guilty plea. Only those with convictions can apply for the appeals process. To do this correctly, hire a Philadelphia criminal defense attorney to help.
The Pennsylvania Appeals Process
The appeals process in Pennsylvania is a long and complicated ordeal that often requires the help of an experienced attorney. Without professional help, you will increase your risk of missing deadlines, making mistakes and forgetting critical details that could have had a positive impact on the outcome of your case.
To get started with the process, you and your hired attorney will need to work together and come up with a reason for the appeal. Examples include inadmissible evidence being included in your original trial that was obtained illegally or hearsay from witnesses not based on facts.
The next step in the appeals process is filing a post-sentence motion with the court. During this time, you will also file your notice of appeal with the help of your attorney. They will ensure your paperwork is submitted promptly and with accurate information. When all your paperwork is received and the appellate judge vacates, it means they’re ruling in your favor to start a new trial.
Potential Outcomes of the Appeals Process
Most appeals begin in the mid-level appellate court. Because of this, you will be able to appeal to higher courts if you lose this appeals process. To appeal to the federal court, the crime you are being charged with must involve federal level violations. Even if you are successful at winning the appeal, it does not mean your charges are going to be dropped. The prosecution will also have their right to file an appeal and seek a new ruling with a higher court.
In some cases, the prosecution might offer a defendant a plea deal. A plea deal means a defendant will agree to plead guilty to receive a lighter sentence than they would have if they lost the case when pleading innocent. A reputable attorney can help you decide if an appeals process is best for your situation.