As a criminal defense attorney in Somerset, Pennsylvania, I have appealed many criminal cases to the Pennsylvania Superior Court. In fact, I currently have a DUI case on appeal to the Pennsylvania Supreme Court.
One important appeal issue I have run into many times is the filing or lack of filing a post sentence motion before an appeal. It is imperative to file a post sentence motion within ten (10) days of the sentencing hearing if you plan to take an appeal of your sentence. In fact, if an appeal is taken and the post sentence motion was not filed, the appellate courts will not even consider any request for modification of your sentence. Even if more than ten days has elapsed since the sentencing hearing, the appropriate route is to get post sentence motion rights reinstated before the appeal. If you plan to appeal a criminal sentence please contact my office.
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Attorney David T. Leake