Criminal Appeals Attorney In Reading

Another Chance After A Conviction

If you or someone you care about was convicted or received a harsh sentence in or around Reading, you may be wondering if anything more can be done. A conviction affects your freedom, your record, your work, and your family. Appeals and other post conviction options are time sensitive, so it is important to get clear information quickly.

At Emkey Law Firm, we help people review what happened in court and consider whether there is a path forward. Our firm is based in Reading, Pennsylvania, and focuses on criminal defense for people in Berks County and the surrounding area. When you speak with us, you receive straightforward guidance about what an appeal can and cannot do in your situation.

Our attorney, Daniel P. Emkey, previously worked in the Berks County District Attorney's office. That background gives us insight into how the Commonwealth builds a case and defends a conviction on appeal. We offer complimentary and confidential consultations, so you can discuss your concerns with a criminal appeals attorney in Reading without added financial pressure at an already stressful time.

Call (610) 200-6103 to schedule your consultation or get in touch with us online using our easy-to-use online contact form.

Why Choose Emkey Law Firm

Choosing the right lawyer to review your conviction is a serious decision. You need more than general criminal defense experience. You need someone who understands how prosecutors think and how appellate judges evaluate legal errors. Our work is led by attorney Daniel P. Emkey, a former member of the Berks County District Attorney's office. Because we have seen cases from the prosecution side, we know how issues are preserved for appeal, how trial strategies can create appellate risk, and how the Commonwealth often responds when a conviction is challenged. We draw on that experience when we examine your trial or plea record, sentencing, and prior motions.

Our practice is focused on criminal defense, with particular experience in DUI and drug cases that frequently lead to appeals in this area. We understand the types of search and seizure questions, traffic stop issues, and testing disputes that can arise in those prosecutions. Rather than treating your situation as just another file, we work to build a tailored approach based on your charges, the judge who handled your case, and what actually happened in the courtroom.

From the first conversation, we aim to be direct and realistic. We review potential appellate issues carefully and explain which arguments may have legal footing and which are unlikely to succeed. Throughout the process, our goal is to keep you informed, answer your questions in plain language, and guide you through each step with respect and professionalism.

Understanding the Criminal Appeals Process

Many people think an appeal means a new trial with new evidence. In Pennsylvania, a direct appeal usually focuses on legal errors that appear in the existing record. The appellate court reviews what happened in the Berks County Court of Common Pleas to decide whether the law was applied correctly and whether your rights were protected.

In a typical criminal case from this county, the conviction or sentence comes from the Court of Common Pleas. A direct appeal often goes to the Pennsylvania Superior Court. The appellate judges generally look at written briefs from your lawyer and the Commonwealth. Sometimes there is an oral argument, although that depends on the court and the issues in the case. Deadlines are strict. A notice of appeal usually must be filed within a short period after sentencing or after certain post-sentence motions are decided. If those deadlines are missed, some options may no longer be available. Other forms of post conviction relief can sometimes be pursued later, but they have their own rules and time limits.

There can be more than one type of post-conviction proceeding. Besides direct appeals, Pennsylvania law allows separate petitions that raise certain constitutional issues or claims about prior counsel. These are complex areas, and the right path depends on what happened in your case. We help you understand which option may fit and what steps must be taken to preserve your rights. When you meet with us, we talk through where your case stands in this process. We discuss the court that entered your judgment, the date of sentencing, and whether anything has already been filed. We then outline a plan for reviewing the record and deciding whether moving forward with an appeal or other relief is appropriate.

Common Grounds For Criminal Appeals

Not every disappointing outcome is grounds for an appeal. Appellate courts look for specific types of legal problems that may have affected the result in your case. Understanding these potential issues can help you see whether your concerns might connect to recognized grounds for relief. Some appeals involve rulings the judge made before or during the trial. These can include decisions about whether to suppress evidence, allow certain testimony, or admit statements you made to law enforcement. Other appeals focus on errors in jury instructions, where the judge may have described the law in a way that was incomplete or confusing.

In some situations, the issue relates to the sentence instead of the conviction itself. A sentence that does not follow Pennsylvania law, that misapplies the guidelines, or that is based on improper factors can sometimes be challenged. Issues involving prior record scoring or mandatory minimums may also arise. You may also be worried that your prior lawyer did not do enough. Claims about counsel often fall under separate rules, and courts set a high bar for overturning a case on that basis. The question is usually whether serious mistakes occurred and whether those mistakes likely affected the outcome. We review the record with that standard in mind and talk honestly with you about what we see.

Some issues that may support a criminal appeal include:

• Improper admission or exclusion of key evidence during trial
• Denial of a motion to suppress evidence from a stop or search
• Incorrect or incomplete jury instructions on the charges
• Sentencing errors, including guideline miscalculations
• Violations of constitutional rights during investigation or trial

Every case is different, and the presence of a concern does not automatically mean an appellate court will reverse a conviction. Our role is to carefully examine what occurred, identify any potential legal issues, and provide a clear explanation of which arguments have a realistic chance of being heard.

Our Approach To Your Appeal

Facing a conviction or harsh sentence is overwhelming, and the appellate process can seem distant and technical. We work to make that process understandable and to give you a clear sense of how we will handle your case. Our focus is on thorough preparation, honest communication, and respect for what is at stake in your life. When you contact us about a possible appeal, we start by gathering key information. That typically includes the charges, the judge who handled your case in the Berks County Court of Common Pleas, the date of sentencing, and whether any post-sentence motions have been filed. We then review available paperwork, such as the sentencing order and prior motions, to confirm deadlines and preserve your options.

If we move forward together, our next step is to study the record. That can involve reviewing transcripts from hearings or trials, written filings by both sides, and rulings from the court. Because we are familiar with how prosecutors in this area handle cases, we pay close attention to points where legal standards may not have been followed or rights may have been limited. Throughout this process, communication matters. We explain what we are reviewing, which issues we see as potentially viable, and how an appeal or other petition would proceed. We talk about the timeline in Pennsylvania appellate courts and what you and your family can expect while a case is pending. We strive to return calls, answer questions, and keep you updated when filings are made or decisions are issued.

Our goal is not only to identify legal arguments, but also to help you make informed choices about whether to pursue them. We do not guarantee outcomes, and we know that appeals can be difficult. What we can offer is a careful, informed review of your situation and a committed effort to seek every appropriate form of relief under the law.

What To Do After A Conviction

If you were just convicted or sentenced in Reading or elsewhere in Berks County, the period right after court is critical. You may feel discouraged, angry, or confused about what happened. It is natural to want to act quickly, but it is also important to take steps that protect, rather than harm, your remaining options.

Appeal and post-sentence motion deadlines can be short under Pennsylvania rules. Certain filings usually must occur within days or weeks of sentencing. Acting within that timeframe can make a significant difference in what can still be raised on appeal or through other forms of post conviction relief.

Helpful steps to protect your appeal rights include:

• Keep all paperwork from your case, including the sentencing order and any written plea agreement
• Write down important dates, such as the day of sentencing and any deadlines your lawyer mentioned
• Avoid filing documents on your own without understanding how they may affect future options
• Discuss your concerns openly with an appeals lawyer who can review your situation
• Contact Emkey Law Firm as soon as possible to schedule a complimentary, confidential consultation

During your consultation, we listen to what happened in court and what concerns you most about the outcome. We look at the timing of your case, explain which deadlines apply, and outline possible next steps. Whether you decide to move forward with an appeal or not, you leave that conversation with a clearer understanding of where you stand.

Frequently Asked Questions

How do I know if I can appeal my conviction?

The best way to know is to have a lawyer review your case record and deadlines. We look at the judgment, the issues raised in court, and what happened at trial or plea. After that review, we explain which appellate or post-convention options may still be available.

How much time do I have to file an appeal?

Appeal deadlines in Pennsylvania are strict and usually measured in days or weeks after sentencing or certain motions. The exact timing depends on your case history. We check key dates, confirm which rules apply, and work to protect your rights by acting before those limits expire.

Can your firm review what my trial lawyer did?

Yes, we can examine your trial or plea record and consider concerns about prior counsel. We compare what happened with the legal standards that apply to effective representation. If serious potential issues appear, we discuss how those might be raised through appropriate post conviction procedures.

How much does it cost to talk about an appeal?

We offer complimentary and confidential consultations to discuss possible appeals and other options. During that meeting, we review basic information about your case and answer your questions. If you decide to move forward, we then explain our fee structure clearly before any further work begins.

Will a criminal appeal get me a new trial or release?

Some successful appeals can lead to a new trial or resentencing, but outcomes depend on the specific legal issues and what the appellate court decides. Our role is to explain what results are possible in your situation and to pursue appropriate relief without promising results we cannot control.

Talk To Emkey Law Firm About Your Appeal

If you believe something went wrong in your case, or you simply want a fresh set of eyes on a conviction from Reading or elsewhere in Berks County, you do not have to sort it out alone. A conversation with our team can help you understand whether an appeal or other post-convention step is worth considering.

At Emkey Law Firm, we draw on our experience in the Berks County District Attorney's office and in criminal defense to review your situation carefully. We explain the law in clear terms, outline realistic options, and support you and your family through each stage if you choose to move forward. Your consultation is complimentary and confidential.

To speak with our firm about a potential appeal, call (610) 200-6103.