One of the most fundamental and important procedural and substantive parts of a Criminal Defense case are Appeals or the Appellate process in a Criminal Defense. Appeals enable a criminal defendant to have a higher court, Pennsylvania, the Superior Court, Commonwealth Court or the Supreme Court, review the legal decision made by a Judge. Pornography Crimes Examples of decisions that a criminal defendant may appeal as part of his or her criminal defense are Motions to Suppress evidence, Motions in Limine, Inappropriate Jury Instructions, and/or inappropriate statements made by the government’s prosecutor during the trial or the withholding or destruction of evidence by the government’s attorney or the police. Make sure that you have retained the services of an experienced Chester County Criminal Defense Attorney if you are considering taking an appeal.
Motion’s to Suppress evidence are a very effective tool as part of an accused’s Criminal Defense. A Motion to Suppress is a motion filed by the defense arguing to the Judge that the government violated his client’s constitutional rights in how they went about seizing evidence. Examples of this can include, searching someone’s home or vehicle without the appropriate level of consent and without a search warrant. Guilty Pleas A criminal defendant, through his or her lawyer, can appeal the decision of the Judge, if the Judge does not agree to suppress and or keep out the illegally seized evidence. Typically this is done by first filing a Notice of Appeal with the Court informing both the Judge and the prosecution that you wish to appeal the Judge’s decision to let in evidence which you believe was inappropriately or illegally seized by the police. Second, the defense will file his brief with the higher court. (In criminal cases, this is almost always the Superior Court). In the brief, the defense can make specific arguments about why the evidence should have been kept out and why the Judge was mistaken in his decision.