Blog

Can I appeal my sentence if convicted in Philadelphia Municipal Court?

Posted by Joseph D. Lento | Jun 23, 2017 | 0 Comments

Defendants who are found guilty in the Criminal Division of Philadelphia Municipal Court can appeal their convictions and sentence to the Philadelphia Court of Common Pleas - Criminal Division.

All appeals from Philadelphia Municipal Court are from the judgment of sentence.  There are two kinds of appeals from Municipal Court convictions and both must be filed in writing and must be filed within 30 days from the Municipal Court judgment of sentence.  Both appeals are only from the criminal charge(s) which the defendant was convicted.

What is a "de novo" appeal in Philadelphia Municipal Court?

In a de novo appeal, the defendant will receive a brand new trial in the Philadelphia Court of Common Pleas - Criminal Division and the defendant will have the right to a jury trial.  Since it is a brand new trial, the defendant can be found guilty or not guilty. ("de novo" is from the Latin, meaning “from the new" - when a court hears a case de novo, it is deciding the issues without reference to the legal conclusions or assumptions made by the previous court to hear the case). 

If the defendant is found guilty, the defendant can receive the same sentence, a lesser sentence, or a greater sentence than the defendant received at the Philadelphia Municipal Court trial. 

What is a "writ of certiorari" appeal in Philadelphia Municipal Court?

In a writ of certiorari appeal, the defendant's criminal defense attorney files a written motion with the Philadelphia Court of Common Pleas - Criminal Division alleging legal error in the Philadelphia Municipal Court trial or sentencing and seeks relief.  (A writ is an order issued by a legal authority with administrative or juridicial powers, typically a court.  A "writ of certiorari" is a type of writ. meant for rare use, by which an appellate court decides to review a case at its discretion.  The word "certiorari" comes from Latin and means "to be more fully informed."  A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review the record.) 

The defendant does not get a new trial but instead receives a review of the record of the Philadelphia Municipal Court pre-trial and/or trial proceedings by the Philadelphia Common Pleas Court Motions judge (who sits in courtroom 805 of the Philadelphia Criminal Justice Center; also known as the "CJC") .  If the Common Pleas Court Motions judge agrees there was legal error in the Municipal Court proceedings, relief is ordered usually in the form of either a discharge, new Municipal Court trial without the suppressed or inadmissible evidence, or a new sentencing proceeding.

Since the defendant who appeals by way of writ of certiorari does not receive a new trial but only a record "review," the defendant does not run the risk of an increased sentence should the writ of certiorari be denied.  Unlike the de novo appeal (as explained above), a writ of certiorari does not "stay" the Philadelphia Municipal Court judgment of conviction and sentence.  (A stay is a suspension of a case or a suspension of a particular proceeding within a case.)  A defendant appealing by way of writ of certiorari who wishes a stay of sentence pending disposition of the writ must file a separate stay order with either the Municipal Court trial judge or Common Pleas Motions judge.

Attorney to Appeal Conviction from Philadelphia Municipal Court | Lawyer to Appeal Sentence from Philadelphia Municipal Court

If you or a loved one is considering appealing a criminal conviction and/or sentence from Philadelphia Municipal Court, contact attorney Joseph D. Lento today.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Joseph D. Lento has nearly a decade of experience fighting for the futures of his clients in criminal courtrooms in Philadelphia, the Pennsylvania counties, as well as New Jersey. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today!

Footer 2

Attorney Joseph D. Lento has nearly a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania and New Jersey attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, Outside of Pennsylvania and New Jersey, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance is educational advice, and does not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu