Legal Question in Criminal Law in Pennsylvania

Re: Mistrails

It sounds to me as if there may be a claim for post-conviction relief. I'm not sure why the lawyer you hired did not ask for a mistrial.

Re: Mistrials

Once the verdict is recorded the trial is over, so there can be no mistrial at this point. Since it does not seem that the sentencing has taken place yet, the defense attorney's next step would be to file a post-trial motion for extraordinary relief asking that the verdict be set aside.

If that fails, then the defendant has ten days after sentencing to file post-sentencing motions. There are thirty days after sentencing or after the denial of post-sentencing motions to file an appeal to the Superior Court.

From your question, I gather that the defense attorney knew of the fact that jurors were sitting with the family of the complainant. To allow that to happen and do nothing is suspicious to me. I generally don't like to second-guess other lawyers, but this just seems beyond the pale.