Lampman Law frequently represents clients appealing summary convictions. Call us today at: 570-371-3737 to discuss your case.
A summary conviction can result from a violation of a local ordinance, the Crimes Code, the Motor Vehicle Code, the Dog Law, the Fish and Boat Code, the Game and Wildlife Code, or other provisions of Pennsylvania law.
Most summary convictions become eligible for expungement five (5) years from the date of conviction, provided certain conditions are met.
In Pennsylvania, a person is convicted of a summary offense whenever he/she pleads guilty to a citation or is found guilty by a court.
A summary appeal can be taken from a minor court (magisterial district court or municipal city court) to the Court of Common Pleas for a trial de novo (a new trial). The new trial is conducted by a Court of Common Pleas judge without a jury.
If the Court of Common Pleas judge finds a person guilty of a summary offense, he/she can also appeal that judgment of sentence to the Superior Court or to the Commonwealth Court.
A person convicted of a summary offense may be sentenced to serve jailtime and/or to pay fines and court costs; a successful appeal will avoid those penalties.
Summary convictions also have collateral consequences. They may appear on Pennsylvania criminal history reports, private background checks, and credit reports. Additionally, convictions to certain summary violations of the Vehicle Code will result in PennDOT issuing a driver’s license suspension. In general, the best way to avoid a record or a driver’s license suspension is to immediately attack the conviction by filing an appeal for a trial de novo.
Moreover, appealing a summary conviction from a minor court results in a new trial before a different judge. It also requires the Commonwealth’s witnesses to appear at another hearing. If the Commonwealth’s witnesses fail to appear, the court may enter a not guilty verdict.
Appealing a Court of Common Pleas judgment of a summary conviction is a more costly appeal to litigate and is usually much more difficult to win. Nevertheless, it is the only avenue to overturn a summary conviction that may be the result of an unfair judgment of the facts or of a misapplication of the law.
Yes, a person convicted of a summary offense based on their guilty plea can appeal the conviction to the Court of Common Pleas.
A notice of appeal must be filed with the clerk of courts within thirty (30) days of the conviction.
As explained below, summary appeals for a trial de novo require far less time and effort than appealing a summary conviction from a Court of Common Pleas.
There is a filing fee that must be paid to the clerk of courts when filing a summary appeal from a minor court. These cases are typically resolved within a matter of months and with a single court appearance. In general, they do not require briefs or significant written materials. The legal fees for the appeal involve drafting and filing the notice of appeal, investigating the facts, researching the law, and preparing for and appearing at the trial de novo.
There is a filing fee that must be paid to the clerk of courts to timely commence an appeal of a Court of Common Pleas summary conviction. Whether the appeal is directed to the Superior or Commonwealth Court depends on the nature of the summary offense. These appeals usually take more than a year to resolve and require significant legal services. They are expensive to litigate because they require complex analysis and briefing.
