At Manchester and Associates we handle a number of post-trial procedures including Appeals and Post-Conviction Relief. In each case we do a though review of everything that occurred in the case. This includes obtaining any transcripts and reviewing them, obtaining the case file and reviewing all the materials contained within it. During that review we discovery any issues which can be challenged.
Appeals may be filed in either the Commonwealth Court or the Superior Court. Where an Appeal is filed depends in the parties to the case and the issues to be appealed. An Appeal which is filed in the wrong Court my resulted in the Appeal being dismissed.
The next step in the Appellate Process is to draft a brief and file it with the Court. The Appellate rules set forth not only the filing deadlines but also how to format a brief and how many copies that need to be provided to the Court. Failure to follow these rules can result in an appeal being dismissed before the merits are even addressed.
In most cases we request oral argument before the Appellate Court. This is an important step which allows us to ask the court to focus on the areas we want and to address any questions the Court has that might have been raised in the opposing parties brief.
Should we not receive a favorable ruling in this Court there are additional options to pursue, including asking for re-argument or Petitioning to have the Pennsylvania Supreme Court review the case. Each of these procedures has its own set of filing deadlines, formatting, content rules, and other procedures. Again, failure to follow any of the rules can result in the case being dismissed before the merits are ever addressed.
The other post-trial work we do at Manchester and Associates deals with Post-Conviction Relief in criminal cases. If you think that your case was decided against you because your previous attorney made mistakes, this is the way to challenge your conviction. The Post-Conviction Relief Act contains time limits, content rules, and filing procedures which must be followed. Generally, a PCRA Petition must be filed within one year of your conviction being final. There are exceptions to this rule which are very fact specific. You need an attorney who is knowledgeable with these cases so you do not lose your ability to challenge your conviction.
Each situation is unique to their set of facts. It is important that you hire an experienced team to join you in the fight against the Government. The team at Manchester and Associates has decades of experience and training infighting these types of cases. Should you find yourself in a situation where you need legal representation you need to contact criminal defense attorneys who know the law inside and out. To discuss your specific situation, contact our team for a free consultation at our toll free number (800)-243-4878 or through the contact tab at the top of the page.