Lansdale, PA asked in Criminal Law for Pennsylvania

Q: How do I write a concise statement?

The appeal trial was in the Court of Common Pleas in Montgomery County, PA, held on Sep. 9, 2021. The arresting officer was excused from the trial. He was supposed to be there according to the ADA, but I found out he would not be there midway through the trial. The judge would not continue the trial. She would not allow me to direct examine two of the witnesses, even though I had subpoenaed them, as did the ADA. In fact, Judge Austin would only allow me to ask "yes or no" questions. There are more I could write but I think the biggest thing is that the arresting deputy was not present and available for questioning. I filed a Notice of Appeal to the Superior Court and now I must write a concise statement. Please help.

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1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: I think being limited in what you could ask witnesses is the bigger issue, though without the arresting officer not sure why you couldn't have moved for a nonsuit.

Note that you have to file a request for a transcript of the proceedings. You may be eligible for a free one if you meet income guidelines.

(1) Pursuant to the guidelines identified in Pa.R.J.A. 4008(B), a request to waive or

reduce transcript fees shall be noted on the transcript request form filed with

Court Services. Litigants claiming economic hardship must attach to their

transcript request form a fully completed In Forma Pauperis Petition pursuant to

Pennsylvania Rule of Civil Procedure 240, even if IFP status was previously

granted on the case. All such requests will be forwarded to the Court for filing

and determination.

(2) Litigants who have been approved for representation by Legal Aid

Services are not required to further prove economic hardship pursuant to section

(G)(1) above, however, they must provide Court Services with a letter of

certification from Legal Aid Services that the litigant meets financial eligibility

and that the matters is under appeal or that the transcript being requested is

necessary to advance the current litigation

unless you are pushed into suspension because of the points or it's a CDL issues, you may want to consider if it is worth pursuing the appeal.

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