Stage 1:  Direct Appeal

This state court appeal follows immediately after sentence is imposed. Because you are only permitted to raise certain legal claims on direct appeal, I can help you decide ahead of time whether it is in your best interest to hire me for this stage or to wait and hire me for one of the later stages.

Stage 2:  PCRA Proceedings

Once the direct appeal process has been completed, you have the right to file in Stage 2 a state court PCRA petition. Here, you can attack your conviction in three different ways. First, you can challenge the performance of your prior lawyers by alleging their ineffective assistance. This includes the ineffective assistance of your trial lawyer as well as your direct appeal lawyer. Second, you can raise claims that the prosecution failed to disclose evidence to you that it was required to turn over. Prosecutors often make mistakes in this regard.  Finally, you can present new evidence that tends to prove your innocence.

If money is tight, the best time to hire a good lawyer after sentencing is for this stage. This is generally the stage where I can help you the most. Any claim not raised, fully investigated and properly presented in Stage 2 PCRA proceedings generally cannot be raised in Stage 3, called federal habeas corpus. So it is essential that everything be done the right way in PCRA proceedings. Because there are strict time limitations on when you must file your PCRA petition, you need to act promptly. Call me to find out the deadline for filing your PCRA petition.

Stage 3:  Habeas Corpus Proceedings

Every defendant convicted in state court has the right to go into federal court and argue that his detention in a state prison violates the United States Constitution. This is by far the most complex area of the criminal law, so you really need a lawyer who knows what he’s doing. The United States Supreme Court has recently made it more difficult to prevail in federal habeas, which is why the most important stage to hire counsel after trial is the PCRA process.