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Criminal Appeals in Harrisburg

Providing Strong Representation Since 1951

After a criminal or traffic conviction, there is still the appellate process that may be utilized to rectify your situation. There are different types of appeals for different types of cases. For instance, a direct appeal may be done in cases where one is convicted of a state or federal offense. A direct appeal involves appealing your conviction to the next highest court, often called an appellate court. In Pennsylvania, that may be the Superior Court or the Supreme Court. A collateral appeal involves the raising of a Post-Conviction Relief Act (PCRA) petition in the trial court and raising any issues on further appeal to the next highest court.

Summary non-traffic or traffic convictions from a magisterial district court may likewise be appealed by what's known as a "summary appeal" to the court of common pleas. There, your case will be heard de novo. Meaning, it's heard as though there was no prior outcome and all the evidence is heard once again from the beginning.

Elisabeth K.H. Pasqualini, Esq. has successfully argued in front of state and federal appellate courts, while Jeffrey B. Engle has made arguments at the Pennsylvania Supreme Court level. You can trust our criminal appeals lawyers in Harrisburg to provide you with the strong representation you deserve.

Appealing Trial Court Decisions

Whether you are taking a direct, collateral, or summary appeal, there may be many grounds for seeking review of a conviction on appeal. However, one issue remains constant in all types of appeals. You are looking for a different outcome than what transpired in the previous court.

It's also important to realize that there are time frames for all appeals. In most situations, you will have a maximum of 30 days to file an appeal to the next court. Even if you don't file your appeal on time, there are possibilities that may be available, such as an appeal nunc pro tunc (now for then). Once you've been convicted, you should not delay in seeking an appellate attorney.

When it Comes to Appeals, Experience Matters

At Shaffer & Engle, we have dealt with a multitude of appeals to the various courts of common pleas (trial court), the Superior Court, the Supreme Court, and the Commonwealth Court. Attorney Engle has handled over 100 appeals. He has argued before every appellate court in Pennsylvania at least twice.

Most recently, Mr. Engle argued the constitutionality of Megan's Law III before the Pennsylvania Supreme Court. It is rare to have a case heard before the Pennsylvania Supreme Court because the Court will only grant the right to appeal based upon the merits of the claims raised.

Contact One of Our Dauphin County Criminal Appeals Lawyers

If you believe a trial court erred, contact the experienced criminal defense law firm of Shaffer & Engle. We provide free initial consultations and our knowledgeable criminal appeals attorneys in Harrisburg can help you with all your criminal defense needs. Contact us online today or call (717) 268-4287.


Recent Cases Argued on Appeal with Successful Outcomes

Com v. Neiman

Attorney Engle successfully challenged the constitutionality of Megan’s Law III, pursuant to PA CONST. Art. III, Section 3. The Supreme Court found that the law was void ab initio. The Supreme Court of Pennsylvania, in a 6-1 decision for Attorney Engle determined that Megan’s Law III did not exist from 2005 through 2012.

Varner v. Swatara Twp Board of Commissioners

Attorney Engle successfully sued Swatara Township when it passed an ordinance to change from a single ward (“at large”) system of governance to a “by ward” (9 ward system). The Supreme Court of Pennsylvania, in a 7-0 decision for Attorney Engle determined that the Township violated the First Class Township Code when it adopted such an ordinance.

Foundation for Elder Care

The Commonwealth Court of Pennsylvania held that Attorney Engle was correct that the Foundation for Elder Care was not a tax-exempt entity under the Hospital Utilization Test. Therefore, the five (5) homes owned by the entity in Steelton, Dauphin County, Pennsylvania had to pay their fair share of taxes to the County, School, and Municipality.

Com v. Berger

The Superior Court determined that Attorney Engle was correct when it ordered to remand a matter where a defendant was seeking discovery from the Children’s Resource Center, when, as advanced by Mr. Engle, it was acting as a state agent. On remand, the trial court was to review the documents requested by Mr. Engle’s client in discovery and, if they were discoverable, to have them turned over to the defense.

Com v. Price

The Superior Court held that Mr. Engle’s clients, two twins, were less than the statutorily required 4 years older than their alleged victim. The twins, both were 1,460 days and approximately 10 hours older than the alleged victim. A full 4 years requires 1,461 days (counting an extra day for a leap year). Because the twins were not a full day older than the victim, they could not be held criminally liable and the judgement of sentence for both was vacated.

What Our
Clients Have to Say

  • Jeff presents himself as a very knowledgeable and able attorney with sincere personal interest in the success of your case.

    “From the minute you call Jeff Engle's office, you are treated with first class respect and service. Jeff is very up front about his experience, results and belief in the success or possible issues with your case. From the time of retainment, Jeff's use of electronic forms of communication keep you up to date to the minute whenever there are developments and progress in your case. This type of communication is nearly unheard of in ANY profession. Many times, I knew that Jeff was taking his personal time to communicate with me. Jeff presents himself as a very knowledgeable and able attorney with sincere personal interest in the success of your case. During times of uncertainty, having someone of Jeff's demeanor at your side will simply make you feel that no matter what the outcome may be, he is right there with you. There was not one time during the course of my case that I felt Jeff was not thoughtful and prepared for. I cannot say enough for the level of professionalism this man presents while representing you as a client.”

    Kevin

  • I wanted to thank you for the Support & Defense you provided me with on my last minute court case, you didn't have to defend me and told me to take a hike, buy you have a heart and that means a lot to some people.

    “I wanted to thank you for the Support & Defense you provided me with on my last minute court case, you didn't have to defend me and told me to take a hike, buy you have a heart and that means a lot to some people.”

    Tony

  • Not only did Jeff know what he was doing, but he did everything that he said he would in a timely fashion.

    “Jeff is is fourth attorney that I have worked with regarding custody of my son. My previous attorneys were neither knowledgeable of the law as it applied to my case nor followed through on the actions they said they would take. Not only did Jeff know what he was doing, but he did everything that he said he would in a timely fashion. Given that my case involved an international relocation, allocation of sole custody for residency purposes...”

    Anonymous

  • BEYOND AMAZING...

    “Elisabeth helped me through the most traumatic turning point in my life where I felt so alone and had no support except the fact that I needed to get through my disposition to ensure I would be able to continue to excel in my college studies and provide a better life for my young daughter who I am raising alone. Elisabeth provided me with encouraging words and any possible leads she had come across. I was amazed at how caring she was regarding matters outside of the actual case! After court, Thanks to Elisabeth, I was able to come home and continue to be a rock for my family. Since, I have recently ran out of funding 29 credits shy of my degree but still proud to finish the last semester with a 4.0 gpa making the Deans List five times still maintain work having also begun raising my orphaned seventeen year old god daughter who I came to know as one of the trouble kids at my local Boys & Girls Club where I was hired after completing the community service requirements in my case. I do not receive any financial help from government programs for my budding family but I begged for Elisabeth to take money for her exceptional service and she refused. I am forever grateful for her kindness and love each time that I look at my girls. She treated me like family and she didn't have to, she believed in me and encouraged me and stayed true to her word and I genuinely love and appreciate her for that beyond words. I trusted her with a long shot and she hit it out of the parking lot! Like my title says BEYOND AMAZING...”

    Jaimeen A.

  • Ms. Collins took our case, she made us feel like we were her only client.

    “From the first day Ms. Collins took our case, she made us feel like we were her only client. She keeps us in the loop at all times, has put such heart and dedication into the case, and really wants the best outcome. She is positive and makes an effort to keep our spirits up with humor and a different perspective. I know for a fact she puts a lot of her personal time into her work because she wants to do the best job possible, including weekends and holidays.”

    Janay