04.11.2016

Chris’ Criminal Law Comments: Summary Cases Part 5

Attorney Chris Powell, Powell Law Scranton PABy Christopher T. Powell Jr., Esq.

If a defendant is found guilty of a summary offense at the Magistrate level and does not accept the verdict, he/she may appeal to the Court of Common Pleas for a new trial. The appeal must be filed within 30 days after the Magistrate enters the guilty verdict. The Notice of Appeal is filed with the Clerk of Courts in the county in which the magisterial hearing took place.

Within five days after the Notice of Appeal is filed, a copy will be served personally or by mail upon the Magistrate, the affiant (usually a police officer) and the appellee or appellee’s attorney, if any. Within 20 days after receiving the Notice of Appeal, the Magistrate should file any transcripts and records of the case.

Any sentence imposed by the Magistrate is stayed until a new trial is held and sentence imposed by the Court of Common Pleas.

Being charged with a crime can be scary and confusing. Trust Powell Law to guide you through every step of the criminal process. Contact us online or call (570) 961-0777.

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