Archive for March, 2012

Client Avoids Jail Sentence and Driver’s License Suspension

Friday, March 30th, 2012

Yesterday I represented a motorist facing a mandatory 60 day prison sentence along with a 1 year license suspension. He had been charged with Driving Under a Suspended License – DUI Related under Section 1543(b) of the Pennsylvania Vehicle Code. A conviction under that section calls for 60 to 90 days incaration.

This particular case invovled some unusual facts that certainly called my client’s guilt into question.

In the end my client was convicted only of the lesser offense of Driving without a License at section 1501, as well as the catch-all citation of “Obedience to Traffic Control Devices.” The result was no jail time, no license suspension, no points.

We regularly represent motorists charged with moving violations in Berks County, Pennsylvania. Call our office today for a free consultation regarding your Berks County speeding ticket, traffic citation or license suspension issue.

Client Avoids State Prison Sentence for Probation Violation

Monday, March 26th, 2012

Last week I represented a client charged with violating his special probation in Pennsyvlvania as a result of a felony charge out of New Jersey. As a result of the violation the Commonwealth was asking the Judge to resentence our client to an additional 1 to 2 years in state prison to run at the expiration of his New Jersey sentence.
Certainly, our client was in the wrong for committing the New Jersey offense. However, we questioned the reasoning behind incarcerating the man an additional 1 to 2 years after the 3 years he was already set to serve in New Jersey.

In the end the Berks County Judge sentenced him to 1 year of probation for the violation to run at the same time as the New Jersey sentence. The result being no additional jail time for our client and a great savings for the taxpayers of Pennsylvania.

Client Avoids State Prison with a Sentence of House Arrest

Wednesday, March 21st, 2012

I (attorney Dan Nevins) recently represented a client charged with Robbery in Berks County, Pennsylvania. It was alleged that he had passed a threatening note to a bank teller demanding money which she then turned over to him. The unique thing about the case was that the incident occurred several years ago and through a combination of reasons the case did not come to court until late 2011.
The evidence against my client was strong and included DNA and the sequenced money being found in his possession. The Commonwealth was seeking a state prison sentence of 1 to 3 years.
My client, I believed, deserved better than that. In the years since this crime occurred he had truly turned his life around for the better and there was evidence to prove that.
We decided to take an open plea – rejecting the Commonwealth’s offer of 1 to 3 years, but accepting responsibility for the crime and asking the Court to consider a more lenient sentence.
In the end my client recieved a legnthy probation sentence along with 9 months of House Arrest. Fortunately, he will be home and able to care for his newnborn child while his wife works.

There are several sentencing alternatives availble for criminal charges in Pennsylvania.

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Tuesday, March 20th, 2012

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The other week Attorney Ryan W. McAllister represented a client in Berks County District Court who was charged with Retail Theft under 18 Pa.C.S.A. 3929(a)(1).  Our client received the original charges for his case in the mail, and he was extremely s

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urprised since he was not involved in any type of Retail Theft whatsoever.  In fact, our client is employed full-time and has no need to steal from any type of store.

It turns out, our client was originally ID’ed by a store employee based off of vehicle license plate.  At the trial, Attorney McAllister was able to introduce evidence to demonstrate that our client was not involved in any retail theft.  In the end, the Judge sided with Attorney McAllister’s arguments, and our client was found “not guilty”.  In the near future, Attorney McAllister will file the paperwork to start the Expungement Process to ensure that no trace of this incidence remains on our client’s record.

If you or someone you know is facing Retail Theft charges in Reading, Pennsylvania or Berks County, Pennsylvania, please contact our office right away at 610-372-5128 to setup a no-cost consultation with one of our experienced criminal defense attorneys.

Client Not Guilty of 1543(a)-Avoids 1 Year Suspension

Tuesday, March 20th, 2012

Attorney Ryan W. McAllister recently represented a client who had been charged with driving on a suspended license under 75 Pa.C.S.A. 1543(a).  Although this section of the Pennsylvania Vehicle Code is only a summary offense that typically is punishable by a fine, the greater concern is that a conviction under this section will result in a one (1) year suspension of a defendant’s driver’s license by PennDOT.

In this case, our client was a professional with an advanced degree who was a full-time employee at an area hospital.  Additionally, our client had a family that he had to support.  Getting his driver’s license suspended for an entire year was, quite simply, not an option.

On the day of the hearing, Attorney McAllister attempted to negotiate with the police officer who wrote the citation.  The officer, however, was unwilling to reduce the citation to a different subsection of the Vehicle Code.  Therefore, Attorney McAllister had a hearing in front of the Judge.  The burden of proof was on the Commonwealth to prove our client guilty “beyond a reasonable doubt”.

Attorney McAllister was able to successfully argue to the Judge that the Police Officer  couldn’t prove that our client knew his license was suspended.  In fact, Attorney McAllister was able to introduce evidence that our client was genuinely surprised to find out that his license was suspended.  The Judge agreed with Attorney McAllister’s arguments, and our client was found “not guilty”.  In the end, this outcome saved our client from losing his license for one (1) entire year, and, quite possibly, saved our client from losing his job.

If you or someone you know has been cited for an offense under the Pennsylvania Vehicle Code, please contact one of our attorneys right away at 610-372-5128 to discuss your case in more detail.  We offer  a free initial consultation in many types of cases.