Archive for May, 2012

Client Not Guilty in School Bus Case

Friday, May 25th, 2012

Attorney Ryan W. McAllister recently represented a client who was charged with the traffic offense of “Overtaking a School Bus” under 75 Pa.C.S.A. 3345(a).  Our client initially plead guilty to this offense prior to retainer the services of Attorney McAllister.  However, shortly after our client plead guilty, he got notification from PennDOT that his driver’s license was going to be suspended for a period of sixty (60) days.  Our client did a lot of driving as part of his job, and a sixty (60) day license suspension would have most certainly cost him his job.

Therefore, on behalf of our client, Attorney McAllister filed a summary appeal to the Court of Common Pleas.  At the hearing, Attorney McAllister attempted to negotiate with the prosecution to get the citation changed to a less serious offense.  However, neither the prosecutor nor the police officer were willing to make any concessions.  Therefore, Attorney McAllister  forced the case to go to a summary trial, and the Judge would be the one to decide whether our client was guilty or not guilty.

At the trial, the prosecution was missing a key witness that was need to prove their case.  Attorney McAllister objected to some hearsay testimony that the prosecution attempted to introduce into evidence, and the Judge agreed with Attorney McAllister’s objection.  In the end, the Judge agreed with Attorney McAllister’s closing arguments, and the Judge found our client “not guilty” of the traffic citation.

Our client was extremely happy with the outcome of his case.  He was saved from a sixty (60) day license suspension, which saved him from losing his job, which he needed to pay his bills and support his family.  If you or someone you know is facing a traffic offense, it is always best to seek out the advice of an experienced attorney.  Contact us at 610-372-5128 to setup a consultation, and we would be more than happy to discuss your case in more detail.

PFA Dropped Against Client

Friday, May 25th, 2012

Attorney Ryan W. McAllister recently represented a client who had been served with Protection From Abuse (PFA) papers by the mother of his child.  After meeting with the client and his family, it was clear to Attorney McAllister that the allegations contained in the PFA were completely baseless and bogus.  Nevertheless, the temporary PFA, which had been granted by the Court without our client having a chance to respond, prohibited our client from having ANY contact with his own child.

Therefore, at the PFA hearing several days later, Attorney McAllister was prepared to have a formal hearing in an effort to get the PFA dismissed.  Once the PFA Plaintiff (the mother of our client’s child) became aware of this, she “requested” a continuance from the Judge so that she could have time to get additional witnesses.  Attorney McAllister strongly objected to this request, and the Judge agreed with Attorney McAllister that there was no reason for any additional delay.  The PFA Plaintiff knew that she didn’t have a case, and she ultimately decided to voluntarily withdraw the PFA against our client.

Our client was no longer prohibited from seeing his own child by the terms of the bogus PFA, and he was able to proceed with his custody case without the additional burden of the PFA.  Needless to say, he was extremely grateful for the services of Ebner, Nevins & McAllister.

If you or someone you know is involved with a Protection from Abuse order / PFA, please contact us right away at 610-372-5128.  A PFA can lead to probation, fines, and even jail time if not handled property.

Client Avoids 1 Year License Suspension

Friday, May 25th, 2012

Attorney Ryan W. McAllister recently represented a client at a district court hearing in Lancaster County, Pennsylvania.  Our client was charged with driving on a suspended license under 75 Pa.C.S.A. 1543(a).  Although our client was only looking at a fine in this case, a conviction would result in a collateral consequence with PennDOT of an additional 1 year license suspension.  Our client needed her license to get back and forth to work, and a 1 year license suspension would have been devastating to her career.

Attorney McAllister first attempted to negotiate the matter with the police officer that issued the citation.  However, in this case, the police officer was not willing to amend the citation.  As a result, Attorney McAllister took the case to a summary trial.  After hearing all of the evidence and the arguments of Attorney McAllister, the District Judge found our client “not guilty”.

Our client was saved from having to serve an additional license suspension of 1 year.  She was extremely happy with the outcome of her case, and was grateful for the services of Ebner, Nevins & McAllister, LLC.  If you or someone you know is charged with a traffic offense, contact our office today at 610-372-5128.  Even a seemingly minor traffic citation can have significant consequences for your driver’s license.

Client Avoids State Prison, gets 1 Year Probation

Thursday, May 24th, 2012

I recently represented a client who was originally charged with a number of offenses including Felony Recieving Stolen Property, Unauthorized Use of an Automobile, Simple Assault and Reckless Endangerment. The allegations invovled a domestic atlercation in a vehicle and a subsequent alleged theft of the vehicle by my client. Based on Pennsylvania’s Sentencing Guidlelines my client would have faced 12 to 18 months minimum in State Prison had she been convicted of the Recieving Stolen Property.

Fortunately, the RSP and UUA charges were dismissed at the Preliminary Hearing and the case went forward as a Simple Assault and REAP. Plea negotiations stalled with the District Attorney offering us 6 to 23 months in county prison. We set the case for trial and continued to prepare.

Fortunately, we were able to resolve the matter this morning after the ADA agreed to reduce the charges to a single count of misdemeanor 3 Simple Assualt – mutual combat. Even though my client has a prior record score of 5 we were able to secure a sentence of 1 year probation.

If you are charged with misdemeanor or felony offenses in Reading, Berks County Pennsylvania you need to secure skilled and experienced local counsel. Call our office today to schedule a free first-time consulation for your Berks County criminal case.

Felony Forgery Charges Withdrawn in Berks County Case

Tuesday, May 15th, 2012

I recently filed a “Rule 600 motion” for a client charged with forgery and related offenses in Berks County, PA. Rule 600 of the Pennsylvania Rules of Criminal Procedure addresses the Right that Individuals have to a Speedy Trial. Generally, the Commonwealth has 6 months to bring an incarcerated Defendant to trial and 12 months for a Defendant out on Bail. Of course, under certain circumstances the accrual of this time is placed on hold or waived if the Defendant or his attorney is a cause of the delay.

In this particular case my client had been charged with Forgery over 10 years ago. Shortly after being charged he moved out of state and a warrant was issued after he failed to appear at a preliminary hearing. Over the course of the next 10 years he was stopped by police in his new state on at least 3 occassions for various traffic violations. On each occassion he was held by local police and the Pennsylvania authorities were contacted to ascertain the status of the warrant. On each occassion they declined to extradite. In my motion I cited this fact in arguing that Pennsylvania authorities lacked Due Diligence as required by Rule 600.

In the end, the Assistant District Attorney agreed that the law was on our side. The case was withdrawn and my client free to go.

Not Guilty Verdict in Summary Harassment Case

Thursday, May 3rd, 2012

Today I won a Not Guilty verdict for a client charged with the summary offense of Harassment. My client, a mental health care giver, had been accused of striking and pushing a consumer of her agency. After a finding of guilt at the District Court level we filed a summary appeal to the Court of Common Pleas for a trial de novo.

Testimony was given by 4 Commonwealth witnesses including 2 alleged eyewitnesses. Those 2 witnesses gave, what I believe to be, vastly different accounts of the incident.
In the end, the Judge found my client Not Guilty of the charge and she was free to go.

If you are facing Assault, Harassment or Terroristic Threaths charges in Berks County, PA you need skilled and effective legal representation. Call our office today for a free consultation.

Client Avoids 6 Month License Suspension in Reckless Driving Case

Tuesday, May 1st, 2012

I recently represented a Pennsylvania driver who had been cited with Reckless Driving and Speeding 31 mph over the limit in Chester County, PA. He was facing a mandatory 6 month license suspension if he was convicted of Reckless Driving under Section 3736 of the PA vehicle code.

Fortunately, I was able to negotiate a favorable resolution with the officer that issued the citation. In the end my client was able to avoid the license suspension entirely and was even refunded a portion of the fine that he had already paid.

Our office regularly represents individuals charged with every type of Motor Vehicle Code violations including Reckless Driving, Speeding, Driving Under a Suspended Licence, Weight Restrictions, DUI and more. We have been steadily expanding our geographical area as well representing motorists in Chester, Montgomery, Lancaster and Lehigh counties in addition to our regular practice in Berks. If you are seeking representation on a motor vehicle or traffic violation in southeastern Pennsylvania please call our office for a free consultation.