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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

  • He has a great personality and makes you feel welcome and comfortable.

    “Mr. Engle took our case and worked diligently from the time we hired his firm until our case was resolved. In addition he kept us well informed throughout the process with emails, letters, and phone conversations. I have worked with a number of law firms in the past 10 plus years and Attorney Engle is one of the best. He does not make you feel as if you are a burden to him when you ask questions. He has a great personality and makes you feel welcome and comfortable. He makes no promises due to the fact he is not a fortune teller but he will do everything possible to have a positive outcome for your case. I recommend Attorney Engle and his Law Firm and hold nothing but positive praise for him and his team.”

    Paul W.

  • 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

  • Your firm was truly a blessing to me and I would recommend anybody needing legal assistance to seek the best with Shaffer and Engle Law Firm.

    “Thank you Jeff Engle and staff for all the hard work on my case. I was very pleased with the service that was provided to me as well as the outcome. Your firm was truly a blessing to me and I would recommend anybody needing legal assistance to seek the best with Shaffer and Engle Law Firm.”

    T.B.

  • He treated me with respect and always made me feel like my case was his only priority.

    “Because I live out of state, I needed representation that I could trust to best represent me and my interests. Jeff Engle provided regular, thorough counsel throughout the legal process. He treated me with respect and always made me feel like my case was his only priority.”

    KH

  • Very thankful to all of them

    “Working through legal issues can be stressful to say the least. The Firm of Shaffer & Engle was experienced, communicative, thorough and kind. Very thankful to all of them and glad to have had the pleasure to work with such a great team.”

    T.P.