Criminal Appeals / PCRA2020-01-30T18:43:48+00:00

Miller Lyden attorneys have over 25 years combined experience handling criminal appeals.

Our partner Christopher P. Lyden, Esquire has appeared before the Pennsylvania Supreme Court for oral arguments and has knowledge and experience handling federal appeals.

If you want to appeal your case

Often an accused person believes that the outcome of his or her case is unfair or unjust. In such a case, after having been convicted at trial or having pled guilty, that person has the right to appeal. Typically, the appeal process begins by filing a post-sentence motion. Thereafter, an appeal may be taken with a higher court. In Pennsylvania, the next stage of appeal goes to the Pennsylvania Superior Court and the Pennsylvania Supreme Court thereafter. The right to appeal also exists beyond the Courts of Pennsylvania. An accused person may also seek relief in federal court.

The filing of a criminal appeal requires knowledge of complex constitutional rights, procedural rules and statutory law. Miller Lyden attorneys have over 25 years combined experience handling criminal appeals. In fact, Christopher P. Lyden, Esquire has twice appeared before the Pennsylvania Supreme Court for oral argument and has knowledge and experience handling federal appeals.

Strict deadlines for filing appeals often apply. Contact our office as soon as possible to allow us the best opportunity to assist you.

Post-Sentence Motions

Sometimes the sentence that a Defendant receives greatly differs from what they expected. In the event that you or a loved one is disappointed, shocked, or simply just unaccepting of the Court’s sentence following the conclusion of a criminal case, a motion to the Court to reconsider the sentence is available. A Post-Sentence Motion to the sentencing court must be filed within ten (10) days of sentencing so time is of the essence!

Our Attorneys can meet with you or your loved one, review the issues of your particular case, and suggest a strategy to help persuade the Court to modify their sentence into an acceptable outcome. This process is very labor intensive and requires the filing of a brief to the Court which not only spells out potential sentencing errors, but also refers to case and client specific facts which may not have been considered.

If you wish to either contest or request the modification of a sentence, you must act now. Call Miller Lyden, P.C. at 1-717-393-8000 now and get started on an appeal today.

Superior Court & Supreme Court Appeals

Following the imposition of a sentence in the Court of Common Pleas, a Defendant may choose to appeal an error in procedure or sentencing to a higher court. In Pennsylvania, the Superior Court of Appeals and Supreme Court of Pennsylvania are the jurisdictions which consider these appeals. These appeals can follow a previously filed Post-Sentence Motion, or can be filed on their own directly to a higher court. Whether your appeal is on the merits of a Guilty Plea or errors or objections from a Jury Trial, strict rules of filing must be observed. Timing is also critical and a rule of thumb, Defendants must file an appeal the Superior Court within thirty (30) days of their sentencing date or lose the right to appeal.

With Defendants typically serving their sentence at the time these appeals come due, the Attorneys at Miller Lyden can arrange to meet with the family, speak to the Client over the phone, or in certain circumstances meet with the inmate in a State Correctional Facility to address the issues on appeal. As the nature of these appeals is time consuming and therefore expensive, it is imperative that you seek out an experienced appellate attorney who can provide sound advice and help you navigate through the appellate process.

Contact our Attorneys for a free consultation to discuss the appellate options in your case today.

Post Conviction Relief

The Post Conviction Relief Act (PCRA) is the sole means for obtaining collateral relief from a criminal conviction in a state court of Pennsylvania. PCRA petitions differ from direct criminal appeals. Typically, PCRA petitions address the performance of a criminal defendant’s prior counsel. PCRA may also concern the discovery of new exculpatory evidence, providing the basis for re-opening a case.

Miller Lyden attorneys have over 25 years of combined experience handling post conviction matters. Strict deadlines apply to the filing of a PCRA petition. Contact our office as soon as possible to allow us the best opportunity to assist you.