More FAQs

Can I appeal because my trial lawyer damaged my case?

Yes, by filing a PCRA petition. To be successful you must show that your lawyer was constitutionally ineffective, and that his/her futility resulted in your conviction. 

Can the criminal prosecutor file an appeal in Pennsylvania?

The Commonwealth (district attorney/attorney general) has the right to automatically appeal pre-trial orders granting a defendant relief, if he/she can show that his/her ability to prosecute the case is substantially impaired. 

A prosecutor can also file appeal challenging the legality of a sentence. 

Can I file an appeal myself? 

Yes, you have the right to represent yourself on appeal. In fact, filing a notice of appeal is not overly complicated. However, identifying, preserving, and arguing issues on appeal is extremely complex. While pro se litigants have won noteworthy appeals, it is typically an uphill battle. 

How long does the post-conviction process take?

It depends, but it is typically a long process (a year to many years) unless the trial court grants the relief requested in a post-sentence motion.

Can I appeal to the Superior Court if I plead guilty?

Yes, however, the right appeal is limited to review of:

  • The legality of the sentence;
  • The trial court’s jurisdiction; 
  • Whether the plea was voluntary; 
  • Whether trial counsel was competent. 

^

2 Public Square, Wilkes-Barre, PA 18701
reception@lampmanlaw.com  |   570-371-3737

​Lampman Law is located in Wilkes-Barre, Luzerne County, Pennsylvania.

​Prior results do not guarantee a similar outcome. The information on this site is not, nor is it intended to be, legal advice. Do not rely on it for accuracy or direction. You should consult an attorney for advice concerning your individual situation because every case is different. Further, contacting us does not create an attorney-client relationship. Do not send confidential information to us until an attorney-client relationship has been established.

© 2021 by Lampman Law. All Rights Reserved.