In a case originating in the Spring of 2018, a father and son were each charged with harboring a dangerous dog (3 P.S. §459-502-A) resulting from an incident where the son’s dog bit another smaller dog on the street in front of the family home, resulting in just under $2,500 of veterinary bills. At the Summary Trial in Magisterial District Court, Omnis Partners and criminal defense attorneys Curt Norcini and Steve Pacillio represented the father and son, respectively. The two-attorney team successfully argued that neither of the clients violated the dangerous dog statute, thus winning acquittals on that charge for both the father and son. The Magisterial District Judge, however, found the son guilty of violating Pennsylvania’s leash law since it was his dog who got loose and injured another dog. With an astute awareness of the procedural rules and all relevant law, Attorney Pacillio advised his client, the son, that there was a strong appellate issue. The client agreed and they appealed the matter to the Court of Common Pleas.
The judge in the Chester County Court of Common Pleas correctly agreed with Mr. Pacillio that the Prosecutor could not re-try the client on the original dangerous dog charge, but erroneously upheld the leash law violation. Mr. Pacillio pointed this out to the judge several times, to the point where the Common Pleas Court judge told him tersely to “Sit down. Sit down. Sit down.” because the judge did not want to list to the experienced criminal defense attorney.
Knowing he stood on firm legal ground and had a winning argument, Attorney Pacillio was not dissuaded by the admonishments of the Common Pleas Court judge. An appeal to a higher court was filed, additional legal research was undertaken, and briefs were written. In December 2021, the Commonwealth Court issued an Opinion and Order REVERSING and VACATING the conviction. In writing for the Commonwealth Court, President Judge Emerita Leadbetter indicated that “The [Common Pleas Court judge]’s analysis misses the mark.” So there you have it – after winding through the court system for more than three and a half years, a satisfied client won his case with the able assistance of Omnis Law Group and Attorney Steven Pacillio.
If you or someone that you know needs expert legal services in a criminal case at the trial stage or to litigate an appeal, the attorneys at Omnis Law Group, LLC are here to help. You can contact the firm online or call 484-81-OMNIS to set up your free consultation. Do not delay; missing a deadline for filing an appeal can mean that you forever give up your right to litigate the case.
