Archive for August, 2011

Aggravated Assault Charges Dismissed in Reading, PA Stabbing Case

Wednesday, August 31st, 2011

Last week attorney Liz Ebner represented a client at a preliminary hearing on allegations that she stabbed her boyfriend with a knife. The client was charged with felony Aggravated Assault and faced a deadly weapons enhancement. She had been jailed on $75,000 secured bail.
In the end Attorney Ebner was able to win a reduction in charges from the felony aggravated assault to a misdemeanor simple assault and an agreement to a bail reduction allowing for the release of the client from Berks County Prison.
If you or someone you love is charged with felony offenses in Berks County, PA you need a skilled advocate on your side. We offer free consultations in criminal cases. Call our office today to schedule a consultation.

Client Avoids 1 Year License Suspension in Berks County Summary Appeal

Wednesday, August 24th, 2011

Today I represented a client charged with Driving Under a Suspended License – a violation of section 1543a of the PA vehicle code. This offense carries with it an automatic one year suspension of a driver’s operating privilege. Fortunately, I was able to negotiate a reduction to a citation which included no license suspension. In the end my client my client pleaded guilty to a violation of section 1501 – Driving without a License – and was only responsible for a small fine.

Our office regularly represents Pennsylvania motorists charged with a range of offenses that could impact their operating privilege. If you are charges with a traffic citation or are facing a license suspension in Berks County you need skilled and experienced representation. Call our office today to schedule a free consultation.

Expungement Granted in Berks County Simple Assault Case

Tuesday, August 23rd, 2011

I recently obtained an expungement for a client who had previously charged with Simple Assault and Harassment for an alleged incident in Reading, PA. His charges had been dismissed over a year ago at the time of the preliminary hearing but still appeared on his record. When potential employers ran background checks the charges would appear causing him to lose out on job opportunities.

After he retained me I filed an expungement petition with the Berks County Court of Common Pleas. A little over 30 days later I obtained an expungement order which is then forwarded to the various agencies and organizations that retain criminal records. This wipes his record clean and significantly improves his chances in this bleak job market.

You may be eligible for an expungment in your criminal case if charges were ultimately dismissed or you were found not guilty. You may be eligible if you were only convicted of a summary offense or were previously convicted of an underage drinking offense and have since turned 21. There may be other circumstances where you are eligible due to age or for other reasons.

If you need to erase your criminal record due to issues with employment or background checks call our office today for a free consultation. We have guided many clients through this very important process. Don’t let a mistake you made years ago be a roadlock in life now.

Probation in Lancaster, PA Burglary Case

Monday, August 22nd, 2011

Today I was able to secure a probationary sentence for a client originally charged with burglarizing a home in Lancaster County, PA. Fortunately, I was able to negotiate a plea to the lesser offenses of Criminal Trespass and Simple Assault. The original Burglary charge carried with it an offense gravity score (OGS) of 9 due to the fact that a person was present in the home during the commission of the offense. The Criminal Trespass my client pled to has an OGS of 4. The difference between the offenses when it comes to the sentencing guidelines is enormous. Simply put, this client would have been looking at a state sentence starting at 12 to 24 months with a conviction of an OGS 9 Burglary.

In many criminal cases the best result for a client comes from a well negotiated guilty plea. Having a skilled and experienced advocate on you side can make the difference between years in state prison and going home to your family. If you or a loved one is facing serious felony charges in Berks, Lancaster, Montgomery or Schuylkill County call our offices today for a free consultation.

No Points on CDL Driver’s License in PA Turnpike Speeding case

Wednesday, August 17th, 2011

Today I represented a CDL driver who had been clocked at 17 mph over the speed limit in a work zone in on the Pennsylvania Turnpike in Berks County. Under Title 75, the Pennsylvania vehicle code, he could have faced an automatic 15 day suspension based on the work zone violation.

In the end the trooper agreed to reduce the citation to 5 mph over, which is a zero point offense. I was able to cite my client’s clean driver’s history and a series of other mitigating factors to warrant the break that I was asking for.

If you are a CDL driver or Pennsylvania motorist charged with a traffic violation in Berks County, PA you should seek legal counsel for your case. I have successfully represented hundreds of Pennsylvania drivers charged with violations of the vehicle code ranging from speeding tickets to Homicide by DUI. Your operating privilege may be at stake as a result of your traffic citation. You need an experienced Berks County traffic attorney to advocate for your interests. Call my office today for a free consultation.

Points on Driver’s License cut in half through Negotiation

Thursday, August 11th, 2011

Yesterday I represented a Berks County motorist charged with a speeding citation outside of Reading, PA. The allegation was that she was going 31 mph or more over the speed limit. Under Section 75 – 1538(d) a conviction results in a departmental hearing and possible licensing issues. Fortunately, I was able to negotiate a reduction to 15 mph over resulting in only 3 points on her license.

Our attorneys regularly represent Pennsylvania motorists charged with speeding tickets, license suspensions and moving violations in Berks County and throughout Southeastern Pennsylvania. If you are facing a traffic citation and possible loss of license you need to protect yourself by retaining an experienced traffic attorney. Call our office today for a free consultation.

Consent Decree for Juvenile in Berks County Sexual Assault Case

Wednesday, August 10th, 2011

Last week I was able to secure a consent decree for a Juvenile charged with a variety of sex offenses. A consent decree in juvenile court means no adjudication or finding of guilty, no time in the detention center or juvenile placement and the opportunity to earn an eventual dismissal and expungement of charges. This result gives this young person the chance to move on from what could have been life long barrier.

Delinquency cases in Juvenile Court are certainly separate and distinct from adult criminal matters. Nevertheless, being charged with a juvenile offense is a serious matter that can result in serious consequences. I have personally represented hundreds of young people in Berks County Juvenile Court. As a young lawyer in the Public Defender’s Office I exclusively defended juveniles for about year. Consequently, I became extremely familiar both with juvenile law and the local procedure in Berks County. Please call our office for a free consultation regarding your juvenile delinquency case.

Not Guilty Verdict in Berks County Terroristic Threats Case

Friday, August 5th, 2011

We won our third Not Guilty verdict of the week today. This case involved a neighbors’ dispute which resulted in my client and his adult son being charged with Terroristic Threats, Disorderly Conduct and Harassment. The dispute took place after a chance encounter in the Home Depot parking lot in Exeter Township. The complainant alleged that my client threatened to shoot him and/ or “eradicate” him. My client and his son don’t dispute the encounter, but maintain that they committed no crime.

Myself and co-Defendant’s Counsel were able to impeach the credibility of the complainant through crimen falsi, inconsistent statements and motive. In the end the Judge found both my client and his son not guilty of all charges. This victory comes on the heals of a not guilty on a Simple Assault/ parental discipline case and my partner’s acquittal on a summary harassment case earlier this week.

If you or a loved one is looking for a skilled criminal trial attorney in Berks County, PA call our office today for a free consultation.

Case Dismissed-Client Saved From Eviction

Wednesday, August 3rd, 2011

Last week, I (Attorney Ryan W. McAllister) represented a client at a landlord / tenant trial in a Berks County District Court.  The landlord in the case had made some pretty serious accusations against my client, including failing to pay rent and maintaining a “dirty and filthy” apartment.  Most critically, the landlord was seeking to have my client evicted as soon as possible.  Most landlord / tenant cases, especially at the district court level, do not involve attorneys.  However, my client was smart enough to retain counsel in this instance.

First and foremost, I argued to the Judge that the landlord did not comply with the “Notice to Quit” requirements under the Pennsylvania Landlord / Tenant Act.  Second, the landlord did not produce any type of lease that outlined the contractual relationship between the plaintiff and the defendant.  Third, the landlord repeatedly tried to introduce “hearsay” testimony, which I was able to successfully object to.

In the end, the Judge had no choice but to throw out the entire case against my client.  My client no longer has to worry about being put out on the street without a roof over her head.

If you have gotten paperwork from a landlord regarding an eviction, please contact the office at 610-372-5128.  It might mean the difference between staying in your residence or being forcibly removed by a constable.

Not Guilty Verdict in Berks County Simple Assault Case

Tuesday, August 2nd, 2011

Today I (attorney Dan Nevins) won a not guilty verdict for a client in a Berks County simple assault case. My client was charged with assaulting her 15 year old daughter during the course of a verbal altercation that took place at my client’s home. My client did not dispute slapping or physically restraining her daughter, but did so as a form of punishment and to prevent her from leaving the residence with friends at 3am.

Section 509 of the Pennsylvania Crimes Code outlines when force may be used by parents and guardians. Certainly, a mother cannot subject a child to serious bodily injury or extreme pain. However, I don’t believe the legislature intended to criminalize a mother disciplining or physically restraining a defiant teenager.

Following a non-jury trial my client was acquitted of Simple Assault and Harassment