I had a case in the Municipal Court of Philadelphia. I was charged with Disorderly Conduct as an Misdemeanor 3, but found guilty of Disorderly Conduct Summary. I want to appeal my case to another Philadelphia court. What is the procedure?
When you are convicted of a crime in Philadelphia's Municipal Court you can appeal your conviction to the court of Common Pleas of Philadelphia either in the form of a Writ of Certiorari or a De Novo Appeal. A Writ of Certiorari allows a judge to review the law of the case. A De Novo appeal gives you the right to start over with an entirely new trial.
In your instant example, you do not have a right to file a Writ of Certiorari because you were convicted of a summary offense. Your only choice is to file a De Novo appeal.
You should note that you cannot be convicted of Summary Disorderly if you were only charged with M3 Disorderly because it is NOT a lesser included offense. You should therefore file a pretrial motion to dismiss as on double jeopardy grounds. A discussion of double jeopardy is for another post.
Labels: de novo appeal, double jeopardy, municipal court of philadelphia, writ of certiorari