Archive for January, 2012

Gun and Drug Charges dismissed at Preliminary Hearing in Reading, PA

Monday, January 23rd, 2012

Last Friday Attorney Liz Ebner won a dismissal of a felony firearm charge as well as multiple drug counts at a Preliminary Hearing in Reading, Pennsylvania. Her client had initially been charged with Persons not to Possess a Firearm, a serious offense which would also have led to a 5 year mandatory prison sentence in conjunction with the Drug Delivery charges. After a contested hearing the District Judge ruled that the Commonwealth failed to meet its burden and dismissed the gun charge as well as several of the narcotics offenses. Liz’s hard work and advocacy on Friday saved her client from what surely would have been a lengthy state prison sentence.

Mandatory sentencing laws in Pennsylvania are strict, especially when it comes to the Gun/ Drug mandatory and other school zone or weight mandatories. If you are charged with a Berks County narcotics offense and/or firearms offense you need an experienced advocate. Call our Reading, Pennsylvania law office today for a no cost consultation.

PFA dismissed in Reading, Berks County, PA

Thursday, January 19th, 2012

Today, I (attorney Dan Nevins) represented a young man facing a PFA petition following an alleged incident in Berks County PA. The Protection from Abuse (PFA) Act is meant to protect victims of domestic violence from their abusers. A plaintiff can petition the Court for a temporary order which may be granted pending a full hearing on the alleged incident of abuse. A PFA order may then be granted for a period of up to three years and include provisions such as no-contact, eviction from a residence, child custody, and a ban from possessing firearms. A plaintiff needs to show, by a preponderance of the evidence, that abuse occurred and that they remain in fear of the Defendant.

In this particular case we were able to negotiate the one month continuance of a temporary order with the understanding that the matter would be ultimately dismissed. In the end, my client suffered no adverse consequences of a permanent PFA order.

Our firm regularly represents individuals on both sides of PFA’s in Berks County, PA. We are sensitive to the issues surrounding these matters and strive to provide the best possible representation of your interests. Call our office today to schedule a free initial consultation.

Evidence Suppressed in Berks County Drug Case

Monday, January 2nd, 2012

I (attorney Daniel Nevins) recently recieved an Order granting my motion for Suppression of Evidence in a Berks County Drug Paraphernalia case. With the alleged evidence thrown out, the Commonwealth cannot attempt to continue to prosecute the case against my client.

This particular case involved evidence obtained following a valid vehicle stop for an expired registration sticker. The Judge found that the evidence used to prosecute my client inside the vehicle (a glass mason jar) was obtained by the Officer in violation of my client’s Constitutional Rights. Specifically, when the Officer requested that my client turn the jar over to him he had no reasonable suspicion that criminal activity was afoot. Consequently, the physical evidence (Commonwealth’s entire case) is thrown out and the case dropped.  

If you believe evidence in your criminal case was obtained illegally or in violation or the Pennsylvania and/or U.S. Constitution you need to consult with an attorney immediately. In many cases, a successfull motion for suppression of evidence does make the difference between going home and going upstate. Call our office today to schedule a consultation with one of our attorneys.