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American Courtroom

POST-CONVICTION LITIGATION / APPEALS

Appeals & Post-Conviction Relief

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, Mr. Rymsza has the knowledge and experience to handle your case. Consistent success in the appeal process requires a unique skill set. Mr. Rymsza has demonstrated effectiveness in this area.

When Can A Verdict Be Appealed?

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

Post-Conviction Relief: Unique Measures For Unusual Cases

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.

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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.

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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.

Exceptional Experience And Access For Post-Conviction Clients

Few attorneys have experience with federal and state post-conviction cases. At Miele & Rymsza, P.C., we 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 a time-served 17-year sentence 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 another client’s 45-year prison sentence for robbery and aggravated assault under the state Post-Conviction Relief Act.

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If you or a loved one is pursuing a post-conviction case, our firm is conveniently located near the following federal prisons:

 

  • United States Penitentiary, Lewisburg — Lewisburg, Pennsylvania

  • United States Penitentiary, Allenwood — Allenwood, Pennsylvania

  • United States Penitentiary, Canaan — Waymart, Pennsylvania

  • Federal Correctional Institution, Allenwood — Allenwood, Pennsylvania

  • Federal Correctional Institution, Schuylkill — Minersville, Pennsylvania

  • Federal Correctional Institution, McKean — Lewis Run, Pennsylvania

  • Federal Correctional Institution, Loretto — Loretto, Pennsylvania

Your Case May Not Be Over Even After A Conviction

If you have questions about how to appeal a conviction or about post-conviction relief, and whether they apply to your case or the case of a loved one in prison, call Miele & Rymsza, P.C., at 570-322-2113, or email us to schedule a free consultation. Our lawyer can meet with you in prison if you are incarcerated.

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