Archive for June, 2011

DUI Second Time Offender Program in Berks County PA

Thursday, June 16th, 2011

This morning I represented a client charged with a second offense DUI in Reading, PA.  Under Pennsylvania’s DUI sentencing law an individual charged with a second DUI within ten years faces a 90 day mandatory prison sentence if the BAC at the time of the DUI was above a .16.  In Berks County a special program, known commonly as STOP, has been created for the benefit and rehabilitation of offenders.

This particular case involved a rather high BAC as well as a single vehicle accident. After consulting with my client initially several months ago, we made the determination to begin the STOP application process. Today, several months later, he formally entered a plea and was sentenced to the term of the program. Rather than a 90 day jail sentence he recieved 5 days in jail and the additional 85 days on house arrest with supervised release to follow. Additionally, he will be able to take advantage of ongoing treatment and counseling as directed.

If you or a loved one is facing a second or third DUI in Berks County, Pennsylvania please contact our office to discuss the options. I have successfully represented over a hundred people who have taken advantage of either the STOP or DUI Treatment Court program in Berks County over the last 6 years. Call now for a no cost consultation.

Reading PA Protection from Abuse (PFA) Case Resolved

Wednesday, June 15th, 2011

Today I represented a young father who was facing a PFA petition.  After filing the petition, the plaintiff (Client’s ex) had kept client from seeing their 1 year old child.  Clearly, the most important thing to Client was seeing his son.

I was able to negotiate temporary custody provisions whereby Client would have physical custody every weekend for three days effective immediately.

Frequently, when parties to a PFA have minor children together, custody language is inserted into a PFA order to serve as a temporary measure until a Custody petition is filed.  Additionally, a Defendant facing a PFA petition can lose other rights important to them, such as eviction from a home or business, due to an adverse PFA order.  Therefore, no matter what side of a PFA you are on, it is crucial that you retain counsel.

The lawyers at Ebner, Nevins & McAllister are experienced PFA advocates. Contact our office for a free initial consulation.

Plea Agreement reached in Berks County, PA Stabbing Case

Monday, June 13th, 2011

Today, I finalized a plea deal in an Aggravated Assault case where my client allegedly stabbed a man following a fracas outside a Berks County party last September. The case was originally filed as an Attempted Homicide, but I was able to negotiate for the withdrawal of that charge. In the end my client received a sentence of two to four years on the charge of Aggravated Assault as a Felony of the Second Degree. In addition, he received a total of 5 years probation in two unrelated cases.

Fortunately, I believe this reasonable sentence will allow this young man to have the oppurtunity to turn his life around.

If you or a loved one are facing serious felony allegations in Berks County, Pennsylvania you need an experienced criminal defense attorney on your side. The attorneys at Ebner, Nevins & McAllister have represented hundreds of individuals charged with the most serious criminal allegations – Homicide, Gun-point Robbery, Aggravated Assault, Sexual Assault, Home Invasion Robbery and so on. Please call our office for a free initial consultation.

Reading PA Robbery Case withdrawn by District Attorney’s Office through the efforts of Attorney Liz Ebner

Friday, June 10th, 2011

Recently, Attorney Liz Ebner represented a client charged with a gun point robbery in Berks County. Obviously, this very serious allegation could lead to many years in state prison for our client. Doubting the veracity of the eyewitness testimony Attorney Ebner sought the assistance of a private investigator – retired Reading Police Detective Jeff Reichert. Mr. Reichert and Ms. Ebner were able to discover exculpatory evidence which led the District Attorney’s Office to reexamine the case.

Ultimately, Ms. Ebner was able to convince the DA’s Office that they flat out had the wrong man. Though our client spent several weeks in custody he was ultimately exonerated without even setting foot in the courtroom. This is exactly the type of aggressive defense advocacy that Ms. Ebner has built her reputation on.

If you or a loved one is facing serious charges in Berks County Pennsylvania it is crucial that you retain a skilled advocate. Call our office today for a free initial consultation.

ARD for Simple Assualt Case in Berks County PA

Thursday, June 9th, 2011

This morning I represented a young man who was allegedly involved in a domestic altercation in Berks County PA. Fortunately, given the circumstances, I was able to secure for him an ARD disposition.
ARD (Accelerated Rehabilatative Disposition) is a special program for first time offenders. By participating in this program individuals can earn an dismissal of their criminal charges as well as an expungement of the record. Additionally, there is no admission or finding of guilt – you are simply asking the court for the opportunity to earn a dismissal of the case. Typically, you will also be asked to perform community service and perhaps participate in treatment or classes, depending on the allegations.zorb balls

Our law firm has represented hundreds of individuals in Berks County that have sought admission into the ARD program. It is important that you have an experienced attorney on your side to guide you through the application process and ultimately negotiate a favorable ARD admission on your behalf. If you or a loved one is facing a first time criminal offense in Berks County, PA please contact our office for a free initial consultation.

Client Avoids 6 Month License Suspension in Racing on Highways Case

Thursday, June 2nd, 2011

Today I (attorney Dan Nevins) represented a client charged with Racing on Highways a violation of Section 3367 of the Pennsylvania Vehicle Code for an incident occurring on the Pennsylvania Turnpike. This particular charge carries with it an automatic 6 month suspension of operating privileges if convicted. In addition, he was charged with a violation of section 3353 of the vehicle code – Prohibitions in Specified Places. The allegations were that the motorist was stopping dead on the turnpike and then basically drag racing with another vehicle or vehicles. Based on the specific circumstances and in light of the potential license suspension my client elected to plead not guilty and requested a hearing.
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Prior to the hearing I was able to discuss the matter with the State Trooper who issued the citation. Fortunately for my client, I was able to negotiate a reduction in the charges. In the end rather than facing an automatic 6 month suspension my client received 3 points on his license and a fine of a few hundred dollars total.

If you have received a traffic citation or face a driver’s license suspension in Berks County or Southeastern Pennsylvania you should consult an experienced Traffic Attorney. The lawyers at Ebner, Nevins & McAllister know how to fight your speeding ticket or vehicle code violation and have a proven track record of favorable results. Call us today for a free consultation.