It is very difficult to get a higher court in the Commonwealth of Pennsylvania to overrule a criminal sentence given by a trial court judge. The law of the Commonwealth in the realm of Appeals and appealing a criminal defendant's sentence is that sentencing is generally a matter vested in the sound discretion of the trial court. expungements The Pennsylvania Superior Court has specifically found that the deference paid to the trial court does not necessitate a rubber stamped approval of the sentences imposed by the sentencing court, however, great discretion is given to the sentencing court. An accused or criminal defendant found guilty and sentenced by a sentencing court should strongly consider hiring an experienced Chester County Appeal Attorney.
If a case is lost then various appeals may be filed to higher courts to challenge the sufficiency of the evidence. Appeals challenging the sufficiency of the evidece challenge whether the government presented sufficient evidence to a jury or judge to win at trial. In Pennsylvania, citizens are protected from being retried for the same crime due to the double jeopardy clause. There are special circumstances in which a retrial is permitted. Motions One circumstance in which a retrial is permitted is when an appellate court reverses a defendant's conviction because of an error that occurred in the trial proceedings. There are two main components that could ultimately determine whether a defendant will have a retrial or not. They are known as the sufficiency of the evidence and the weight of the evidence.