Pennsylvania has special rules for filing a criminal appeal or Post-Conviction Relief Act (PCRA) petition. With these rules, you have a limited amount of time to act before you lose your right to appeal. All post-sentencing actions have a time limit, so if you don’t bring your appeal before the court, you may not be able to appeal later.
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Types of Post Conviction Actions
Post Sentencing Motions
After you have been sentenced, you have 10 days to ask the trial court to reconsider its decision. In a post sentencing motion, you can raise an argument that the prosecutor failed to present enough evidence to prove that you are guilty, an argument alleging that the sentence you were given was unjust, that errors were made during the trial, etc. If you believe that something went wrong with your trial, you should contact an attorney to determine whether any post-sentencing motions can or should be filed in your case.
Direct Appeals
In some circumstances (constitutional issues, improperly admitted evidence, weak evidence, unfair sentence, etc.), you can file a direct appeal. In a direct appeal, you are trying to overturn your conviction. Whether you entered a guilty plea or went to trial, it is possible to file a direct appeal to try to get the right result in your case. An experienced criminal appeals lawyer will help you determine whether a direct appeal is appropriate for you.
Post-Conviction Relief Act (PCRA) Appeals
Under limited circumstances, you can file a PCRA petition to get relief for certain conditions that happened during your trial. You can use a PCRA to get relief when your previous attorneys gave you ineffective assistance and to fight the conviction when new evidence comes to light.
Our latest update on the current PCRA laws in Pennsylvania can be found here: Post-Conviction Relief Act Basics (2026 Update)
Frequently Asked Questions about Appeals and PCRAs in Pennsylvania
How long do I have to file a direct appeal in Pennsylvania?
You generally have 30 days after the date of sentencing to file a direct appeal. If post-sentence motions have been filed, then you have 30 days after the order granting or denying the post-sentence motions.
Are there any exceptions to the rule that you have 30 days after post-sentence motions have been decided to file a direct appeal?
Yes. If the sentence came from a probation revocation sentence, then you have to file the notice of appeal within 30 days of the sentencing date, regardless of whether you filed any post-sentence motions.
What’s the difference between a direct appeal and a PCRA action?
A direct appeal is an immediate challenge to the sentence that a defendant received. A PCRA action is a way of challenging things that are related to the conviction but not a direct challenge to the sentence. If a person’s attorney was ineffective or if there is new evidence, then the defendant will generally bring those issues in a PCRA petition.
Is there a time limit for filing a PCRA petition?
A PCRA petition has to be filed within a year of the judgment of sentence becoming final. Which means that, if a direct appeal was never done, a PCRA petition has to be filed within a year and 30 days of the sentencing date.
Can I appeal a case just because I don’t agree with the verdict?
Not exactly. Appeals are used to fix mistakes or violations of a defendant’s rights. If the only thing that went wrong with a trial is that a defendant was convicted, then that generally won’t be enough to support an appeal.