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Frequently Asked Questions

I was found guilty in the Municipal Court of Philadelphia. I am unhappy with the outcome. Is there anything I can do? Can I appeal?

You have the right to have a trial de novo if you file an appeal to the Common Pleas Court of Philadelphia within thirty days from the date of your sentencing. This means that you can ask to have your case transferred from the Municipal Court to Common Pleas Court so that you can either have a new bench trial or a jury trial.

What if I have no objection to the facts as the facts came out in the Municipal Court Trial in Philadelphia, but I feel that I should have won a motion to suppress or a motion to have the case dismissed under Municipal Court's Rule 1013, and I don't want a new trial, just an appeal of the legal ruling? What should I do?

You can file a Writ of Certiorari. Certiorari literally means, "review by a higher court." In Philadelphia County, to save time and resources, you can simply file a Writ of Certiorari to have a Common Pleas Court judge review the legal rulings of the Municipal Court Judge. In that instance, you do not go to trial again whether you win or lose your Writ of Certiorari.

I plead guilty before a Common Pleas Court Judge in Pennsylvania. I have changed my mind. Can I withdraw that plea?

If you have not yet been sentenced you can ask your lawyer to file a motion with the Judge to ask to withdraw your plea. If you have already been sentenced and you are within thirty days of the sentencing, your lawyer can file a motion with the judge or an appeal to the Superior Court of Pennsylvania, but you generally must show that you either: 1. did not voluntarily plea guilty; 2. you got an illegal sentence; or 3. that your sentencing Judge did not have proper jurisdiction over your case and your guilty plea.

I was at a magisterial district court, Philadelphia's Municipal Court, or Philadelphia's Traffic Court, for a summary offense like speeding, public drunkenness, retail theft, etc., and I did not get a fair trial. The judge didn't even listen to what I had to say. What can I do?

Appeal to the Court of Common Pleas in that same county and ask for a trial.

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Hochberg, Levin & Zeiger LLP is located at 1315 Walnut Street, Suite 716, Philadelphia, PA 19107. We can be reached at 215.825.5183. Our facsimile is 215.279.8702. Feel free to email us at info@pacriminalappeals.com. Appeal, appeals, lawyer, lawyers, attorney, attorneys. home | appeals | legal | attorneys | faq | directory | disclaimer | sitemap | philadelphiacriminalappeals