If you or someone you love has just been convicted of a crime in Pennsylvania time is of the essence to challenge the conviction and to preserve all appellate rights. Call Lampman Law today to speak with a lawyer. We help people convicted of crimes throughout Pennsylvania file post-sentence motions and appeals to overturn wrongful convictions. Call us today at: 570-371-3737 for a free consultation.
Pennsylvania’s rules of criminal procedure outline the deadlines, procedure, and scope of post-verdict and post-sentence motions.
Pursuant to Pa.R.Crim.P. 704(B), under extradentary circumstances, after a guilty verdict and prior to sentencing, a trial judge may grant a motion in arrest of judgment, for a judgment of acquittal, or for a new trial.
For the court to grant this motion, the error must be egregious and require immediate relief. For example, a pre-sentence motion for extraordinary relief is appropriate when:
The rule states that the court must decide the motion prior to sentencing and that it cannot delay the sentencing hearing to decide the motion. Further, the motion has no impact on the preservation or waiver of an issue for post-sentence consideration or appeal.
The first opportunity to challenge the sentence for a criminal conviction is by filing a post-sentence motion. This post-sentence motion is optional, and it seeks direct relief from the trial/sentencing court. The motion must be filed no later than ten (10) days after the imposition of sentence.
Typically, the first opportunity to challenge a criminal conviction is by filing a post-sentence motion. This post-sentence motion seeks direct relief from the trial/sentencing court. The motion must be filed no later than ten (10) days after the imposition of the sentence. Pa.R.Crim.P. 720(A)(1).
The following issues may be argued in a post-sentence motion:
Filing a 10-day motion extends the deadline to file a Notice of Appeal for direct appellate review in the Pennsylvania Superior Court.
Pennsylvania’s rules of criminal procedure also permit a post-sentence motion for a new trial on the ground of after-discovered evidence. Pa.R.Crim.P. 720(C). The rules require the motion to be filed in writing “promptly” after the new evidence is discovered.
To raise certain issues with the appellate court on direct appeal, a post-sentence motion must be filed to preserve the issue for review. For example, it is necessary to file a post-sentence motion asking the trial court to reconsider the discretionary aspects of the sentence imposed if a challenge to the discretionary aspects of a sentence will be raised on appeal. If this issue is not raised in post-sentence motions, it will be deemed waived on appeal and the appellate court will not rule on the issue. There are several issues that must be preserved through the filing of post-sentence motions for an appellate court to rule on them during direct appeal. Therefore, it is important to have an appellate lawyer review your case to see what post sentence motions are necessary so that the appropriate issues are preserved for direct appeal.
If the trial court issues an order concerning the motion, the Notice of Appeal must be filed within thirty (30) days of the entry of that order.
If the judge does not rule on the motion within 120 days after it is filed, the motion is deemed denied by operation on law. The defendant then has thirty (30) days from the effective date of denial to file a Notice of Appeal to preserve his/her rights for direct review.
If post-sentence motions are not filed, the Notice of Appeal must be filed within thirty (30) days of sentencing.
If post-sentence motions are filed, the Notice of Appeal must be filed within thirty (30) days of the motion being denied/deemed denied.
