Collateral Consequences of a Criminal Conviction

Danelo Cavalcante, the convicted murderer who captured the nation’s attention after escaping from a Pennsylvania prison for weeks, was captured at gunpoint. He is now facing a dozen new charges, according to news reports, including charges for burglary, unlawful possession of a firearm, and criminal trespassing.

About the Escape

On August 31, 2023, Cavalcante allegedly climbed up a prison yard wall and ran across the roof to escape from the prison. On September 13, 2023, he was arrested in a rural part of Chester County. The guard on duty was fired.

He was taken back in custody. However, he has now been charged with approximately twelve additional crimes, including, but not limited to, burglary, theft, and escape.

About the Murder Charge

Cavalcante, who was previously charged with an additional murder in Brazil, is now serving a life sentence at State Correctional Institution-Phoenix in neighboring Montgomery County for murder in Pennsylvania. In Pennsylvania, life means life, that is, there is no chance for parole unless you are granted a commutation through the Pennsylvania Board of Pardons and the governor signs off on the commutation.

Seems like a waste of taxpayers’ dollars to prosecute a guy for escape, etc., when he is already serving life and there is no chance he will get out. Why are they prosecuting him for the escape?

Legal Analysis

We looked up the murder case and it is currently under appeal at Commonwealth v. Cavalcante, 2531 EDA 2023 in the Superior Court of Pennsylvania. Perhaps the Chester County DA’s Office is worried the murder case might get overturned, so they want to make sure he spends a lot of time in jail. Otherwise, it seems very silly to go after him on the escape because a person can only serve life to the end of their natural life.

With over 25 years of experience, Brian J. Zeiger draws on his knowledge and insight in criminal defense and civil rights to help those confronting an unjust criminal justice system. Mr. Zeiger has represented clients facing serious charges in state and federal courts. He has also represented clients in civil rights claims against police departments and the government in cases involving police misconduct, police brutality, false arrest, malicious prosecution, prison misconduct, prison denial of medical care, and prison medical malpractice. Expertise.com recognized Mr. Zeiger as one of the Best DUI Lawyers in Philadelphia in 2022. He is a highly sought-after criminal defense attorney who has been asked to provide training to fellow lawyers on topics such as trial advocacy, post-conviction relief, and driving-under-the-influence laws. He also served as a Hearing Officer for The Disciplinary Board of the Supreme Court of Pennsylvania.

With over 25 years of experience, Brian J. Zeiger puts his knowledge and insight in criminal defense and to help those confronting an unjust criminal judicial system.

Education: B.S.B.A. Accounting & Finance from Washington University of St. Louis, M.B.A. from Temple University, and J.D. from Temple University School of Law

Awards: Super Lawyer in the areas of Criminal Defense, White Collar, and Civil Rights, America’s Top 100 Criminal Defense Attorneys Recipient Award, National Trial Lawyers Top 100 Trial Lawyers and Top 40 Under 40, Client Satisfaction Award and 10 Best Attorneys by the American Institute of Criminal Defense Attorneys, Attorney and Practice Magazine’s Top 10 Criminal Defense Attorney – Philadelphia, and National Association of Distinguished Counsel – Nation’s Top 1% – Criminal Defense

Admissions: Supreme Court of New Jersey, United States District Court for the District of New Jersey, Supreme Court of Pennsylvania, United States District Court for the Eastern District of Pennsylvania, United States District Court for the Western District of Pennsylvania, United States District Court for the Middle District of Pennsylvania, United States District Court for the Northern District of Ohio, United States District Court for the Western District of New York United States Court of Appeals for the Third Circuit, Supreme Court of the United States