Case Assessments.

Post-trial litigation is expensive and time consuming. We won't take your case unless you have a realistic chance of success. Therefore, before agreeing to represent you, we review the entire record of the prior proceedings to determine whether an appeal or further proceedings is worth the expense to you. This is why we will ask you to provide a copy of all your transcripts, witness statements, and to have all other evidence ready to be turned over to us.

If the case assessment reveals that you have arguable grounds for relief, the fee you pay for the case assessment will be applied to the fee charged for representation.

Direct Appeals.

In a criminal case, a direct appeal is the first rounds of appeal. A direct appeal is filed immediately after a court enters a final judgment or after the trial court denies your post-sentence motions. Once your appeal is filed, the case moves to the intermediate appellate copurt for review. Usually, the only grounds that could be argued on direct appeal are claims for relief that were properly preserved in the trial court by either proper objection or offer of proof. If the intermediate appellate court denies relief, you can petition for discretionary review in the supreme court. If the state supreme court denies relief, you can file another petition for discretinonary review in the United States Supreme Court seeking relief on any federal grounds preserved for review.

Post-Conviction Relief.

In Pennyslvania, a petition filed pursuant to the state's Post Conviction Relief Act (PCRA) can be filed to within a year after the conclusion of your direct appeal proceedings. This petition is used to challenge the conviction with evidence and arguments that could not have been raised on direct appeal. In the PCRA petition, you can challenge your conviction with arguments asserting that trial or direct appeal counsel were ineffective. You can also seek relief based upon newly discovered evidence or reactive changes in the law, among other grounds. The PCRA petition is filed in the trial court and assigned to the same judge who presided over your trial. You can appeal adverse rulings to the Superior Court and if your appeal is denied you can petition for discretionary review in Pennsylvania's Supreme Court. You can petition the United States Supreme Court for discretionary review if you get no relife in the state courts.

After you have exhausted all of your state level appeals , you can petition the federal courts for relief. A habeas petition must be filed within a year of your judgement or sentence. However, the time to file the habeas petition is tolled (i.e. put on pause) during the pendency of properly filed state direct appeals and post-conviction proceedings. In federal habeas petitions, you can only seek relief based upon state violations of federal law that resulted in your judgement of sentence. Additionally, to be eligible for federal habeas relief, you must be in custody of the state.