Summary Appeals
In Pennsylvania defendants are entitled to certain legal protections, including the ability to appeal a conviction or sentence. Saile & Saile LLP often employs the summary appeal process which applies to convictions in summary offenses in Pennsylvania District Court. Attorney Caterina Saile can assist you with determining if a Summary Appeal with or without the Nunc Pro Tunc is an option for your case.
Summary Appeals in Pennsylvania Criminal Defense
Saile & Saile LLP often defends summary offenses, which are the least serious type of criminal offense in Pennsylvania. Typically punishable by fines, short jail sentences, or other minor penalties, these offenses often involve situations like minor traffic violations, public drunkenness, disorderly conduct. This does also include more serious offenses like Driving While Suspended due to DUI.
If you are convicted of a summary offense, Caterina Saile Esquire may be able to help you exercise your right to an appeal by filing an appeal to the Court of Common Pleas.:
After you have been convicted of a summary offense in a magisterial district court (also known as a district justice court), Saile & Saile LLP may be able to file an appeal at the Court of Common Pleas. This appeal is typically a de novo hearing, meaning that the case is heard from the beginning, as though no prior hearing had occurred. The Common Pleas Court will review the case and Caterina Saile Esquire could represent you at a new trial if necessary.
It is important to note that a summary appeal must be filed within 30 days of the district court’s ruling. Failure to file this appeal in a timely manner could result in the loss of your right to appeal.
If more than 30 days have passed, there are limited situations in which a Summary Appeal can be filed through a Nunc Pro Tunc Motion.
Nunc Pro Tunc: Legal Relief in Pennsylvania
Nunc Pro Tunc, is a legal remedy Saile & Saile LLP sometimes uses to correct mistakes or oversights in the legal process, particularly in relation to the timing of filing an appeal or other procedural deadlines. This can be incredibly important for defendants who were unable to file an appeal on time due to factors such as a late notification, mistake, or inadvertence.
When Can Saile & Saile LLP use Nunc Pro Tunc?
Saile & Saile LLP may file a motion for Nunc Pro Tunc in situations where the defendant was unable to file an appeal or take some legal action within the required timeframe because of excusable neglect, a clerical error, or other circumstances that prevented a timely filing. Saile & Saile LLP would file the Nunc Pro Tunc to ask the court to treat the filing as if it had been made on time.
Limitations of Nunc Pro Tunc
While Nunc Pro Tunc can provide significant relief, it is not available in all cases. The key factor in granting relief is the demonstration of an excusable reason for the delay, not simply that you would like another chance to file. Additionally, the remedy is not available for every procedural mistake. Attorney Caterina Saile has the experience to evaluate your case and determine whether Nunc Pro Tunc may be an option for you.
Conclusion
If you believe you may be eligible for a summary appeal or need to file a Nunc Pro Tunc motion, contact Saile & Saile LLP today, at 215-860-5800, to schedule a free consultation. Attorney Caterina Saile has the experience needed to assess the specifics of your case and ensure that your legal rights are fully protected throughout the case process.
