Appeals And Post-Conviction Proceedings

One of the most important aspects of the U.S. judicial system is the ability to appeal a conviction to a higher court. If you feel errors were made during a trial in which you were convicted of a crime and you wish to appeal the decision, the appellate lawyers at Miele & Rymsza, P.C., in Williamsport, Pennsylvania, have the knowledge and experience to handle your case.

Consistent success in the appeal process requires a unique skill set. Our appellate lawyers are proven effective in this area.

An appellate court generally reverses a conviction or orders a new trial if errors were made that prevented a fair trial, or the judge or jury made findings of fact that were not supported by the evidence. Grounds for appeal of a criminal conviction include:

  • Police misconduct during an investigation
  • Tainted evidence
  • Incorrect rulings by a trial judge
  • Introduction of inadmissible or highly prejudicial evidence
  • Perjury by a witness
  • Judicial mistakes
  • Improper jury instruction
  • Sentencing errors
  • Jury misconduct
  • Ineffective assistance of counsel
  • Prosecutorial misconduct

There Are Options When We Have Handled Countless Post-Conviction Cases

If you have been convicted of a crime and are currently serving a sentence that was appealed and denied, you may have a federal or state post-conviction claim. A post-conviction relief petition is an extraordinary remedy — one that is only utilized in special circumstances and only in criminal matters.

A post-conviction relief motion can be a powerful tool to right an injustice that was not raised on direct appeal — or was unable to be raised on direct appeal. The courts have a lot of discretion in deciding what the appropriate relief is in these situations, including possible dismissal of all charges and release of the prisoner, a retrial or revising the sentence.

Few attorneys have experience with federal and state post-conviction cases. At Miele & Rymsza, P.C., our attorneys have handled numerous federal and state post-conviction cases. For instance, we were able to get a client's 56-year sentence for weapons and drug trafficking reduced to 17 years using federal motion §2255, which provides prisoners a means to vacate, set aside or modify a conviction once they have exhausted their appeals. Other examples include successfully vacating our client's 45-year prison sentence for robbery and aggravated assault under the state PCRA.

Post-conviction relief is separate from a direct appeal. While a direct appeal is limited to the court record, post-conviction relief can raise issues that occurred outside of the scope of the direct appeal. Grounds for post-conviction relief include ineffective assistance of counsel, newly discovered evidence, improper imposition of sentence, and significant changes in the law.

Conveniently located near the following Bureau of Prisons Federal Correctional Institutions:

  • United States Penitentiary, Lewisburg - Lewisburg, PA
  • United States Penitentiary, Allenwood - Allenwood, PA
  • United States Penitentiary, Canann - Waymart, PA
  • Federal Correctional Institute, Allenwood - Allenwood, PA
  • Federal Correctional Institute, Schuylkill - Minersville, PA
  • Federal Correctional Institute, McKean - Lewis Run, PA
  • Federal Correctional Institute, Loretto - Loretto, PA

Schedule A Meeting With A Lycoming County Criminal Appeal Attorney

If you have questions about how to appeal a conviction or about post-conviction proceedings and whether they apply to your case or the case of a loved one in prison, call us at 570-279-4191 locally or 888-290-8073 toll free, or email us to schedule a consultation. A lawyer can meet with you in prison if you are incarcerated.