Archive for June, 2012

Firearms Charges Dismissed in Berks County, PA Felony Case

Thursday, June 28th, 2012

Attorney Liz Ebner recently won the dismissal of illegal Firearms charges for a young client following a preliminary hearing in Reading, Pennsylvania. The client was a passenger in a vehicle that had been stopped by Police. A search of the vehicle uncovered a loaded firearm and Police decided to charge each of the individuals in the vehicle under a theory of conspiracy.

Attorney Ebner succesfully argued that there was no evidence linking our client to the weapon. Those charges that could have led our client to state prison were all dismissed leaving only a single count of Possession of a Small Amount of Marijuana which will carry a small fine.

Not Guilty Verdict in Attempted Murder Jury Trial

Wednesday, June 27th, 2012

Last week I won a full jury acquittal for a client charged in a West Reading, PA attempted murder. The link to the Reading Eagle article can be found below:

http://readingeagle.com/article.aspx?id=395876

It was a terrific victory for our client and his family. Following closing arguments and instructions the Jury deliberated for only 45 minutes before returning a verdict.

Victim / Witness Representation in Berks County Courts

Wednesday, June 20th, 2012

Last week I represented a client who had been subpoenaed to testify for the Commonwealth in a Reading, Pennsylvania Criminal Case. She had very real concerns that she too could be charged with a crime if she would be required to testify under oath.

Fortunately, she (and everybody) has the right to be free from self-incrimination under the 5th Amendment to the Constitution. By asserting one’s right under the 5th Amendment you can refuse to testify in a legal proceeding.

If a witness in such a position is not represented by counsel it is very likely that they may unknowingly make statements against there best interests. It is therefore very important to contact an attorney prior to testifying to protect your rights.

Our firm has represented witnesses and alleged victims of crimes in all manner of proceedings including domestic abuse cases, drug cases, grand jury proceedings and police investigations in Berks County, Pennsylvania. Call our office today for a free initial consultation.

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Friday, June 15th, 2012

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Attorney Ryan W. McAllister recently represented a client at a Berks County District Court who was charged with Loitering and Prowling at Night Time, 18 Pa.C.S.A. 5506, a Misdemeanor Offense, and Harassment, 18 Pa.C.S.A. 2709, a Summary Offense.  Based on the Misdemeanor Charge, our client was looking at maximum of 1 year in Berks County Prison and a fine of up to $2,500.00.    Our client could have also faced a probationary period of up to 1 year.

At the hearing, however, Attorney McAllister

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negotiated to get the Misdemeanor Charge dismissed.  In exchange, our client plead guilty to the Summary Offense of Harassment.  Our client received no jail time, no probation, and a small fines of only $200.00.  In the event our client would have been found guilty of the Misdemeanor Charges, he would have paid over ten (10) times that amount in court costs and fines.

Our client was very happy with the outcome of his case.  If you or someone you know is facing criminal charges in Reading or Berks County, please contact Ebner, Nevins & McAllister, LLC, at 610-372-5128 to setup a no-cost case analysis with one of our three (3) experienced criminal defense attorneys.  It could be one of the most important calls that you make!

PFA Dropped Prior to Hearing

Friday, June 15th, 2012

This week, Attorney Ryan W. McAllister represented a client who had a Protection from Abuse Order (“PFA”) filed against her by a relative.  A temporary PFA was granted by the Judge, but that was before our client hired an attorney and had an opportunity to present a defense.  Therefore, in preparation for the final PFA hearing, our cleint retained Attorney McAllister, and Attorney McAllister prepared a strong defense, which included bringing two (2) witnesses to the hearing.

Once Attorney McAllister, his client, and the two (2) witnesses showed up at the courtroom, the relative who filed the PFA quickly realized that she had a losing case.  Rather than proceed with the hearing, Attorney McAllister was able to negotiate to have the relative who filed the PFA voluntarily withdraw the PFA that was filed against our client.

In this case, having a dedicated and experienced attorney made a huge difference in the outcome of our client’s case.  She was initially facing having a PFA granted against her for up to three (3) years.  Instead, our client walked out of the courtroom free and clear from any type of PFA.  Needless to say, our client was very happy with the outcome of her case.

If you or someone you know is involved with a Protection from Abuse / PFA / Indirect Criminal Contempt / ICC case, call our office right away at 610-372-5128.  Any one of our attorneys would be happy to discuss your case in more detail.

Broke up after 8 years i want him back

Friday, June 15th, 2012

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Attorney Ryan W. McAllister recently represented a college student who was charged with underage drinking under 18 Pa.C.S.A. 6308 and public drunkeness under 18 Pa.C.S.A. 5505.  Our client was initially facing nearly $1,000.00 in fines and court costs, a mandatory driver’s license suspension, and two (2) convictions on her record.  Naturally, our c

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lient was very concerned about these charges since she was pursuing a college degree; she was very concerned about the how these convictions could potentially affect her future employment prospects.

Attorney McAllister advised our client to plead “not guilty” to both charges.  After taking the matter before a Magisterial District Judge, our client was found “not guilty” by the Judge.  As a result, there was were no fines or court costs assessed against our client, no driver’s license suspension, and no convictions on her record.  Attorney McAllister will likely proceed with an “expungement” of these charges to ensure that there is no trace of this incident that could affect our client in the future.

Our client was extremely happy with the outcome of her case.  If you or someone you know is facing charges in Reading or Berks County for Underage Drinking or Public Drunkeness, please contact Ebner, Nevins & McAllister, LLC, right away at 610-372-5128.  One of our three (3) dedicated and experienced attorneys will be happy to discuss the specifics of your case in more detail.

Simple Assault case dismissed in Reading Central Court

Friday, June 15th, 2012

Today I represented a woman charged with Simple Assault for an alleged incident in Reading, Pennsylvania. In Pennsylvania Simple Assault is a misdemeanor of the 2nd degree which carries with it a maximum possible penalty of 2 years in prison and a $5,000 fine. My client had been charged with Section 2701(a)(1) alleging that she attempted to cause or did intentionally, knowingly or recklessly cause bodily injury to the victim.

The case was at the preliminary hearing stage. At this level the Commonwealth is required to establish a “prima facie” case against the defendant. If so, the charges are bound over to the court of common pleas.
In this particular case the District Judge determined that the Commonwealth could not meet their burden of proof and agreed to my request to dismiss the case.

If you are being accused of assault, terroristic threats or harassment in Reading, Pennsylvania you need experienced legal representation. Call our office today for a free initial consultation.

Driving Under a Suspended License Charge Dismissed in Berks County Court

Thursday, June 14th, 2012

Today I represented a client charged with a 1543(a) – DUS/ non-DUI related for an alleged incident in Wyomissing, PA. A conviction would have meant a one year suspension of his PA driver’s license as well as fines and court costs.

Fortunately, I was able to secure a dismissal of the charge at the district court level. My client will suffer no license suspension and owes no fines.

We frequently represent individuals facing traffic discount Emergency Shelter tickets and license suspension in Berks County, Pennsylvania. In recent months we have begun to expand our traffic law practice to neighboring counties such as Lancaster, Chester, Montomery and Lehigh. Call our office today for a consultation on regarding your Pennsylvania vehicle code citation.

Eviction executed in Berks County Landlord – Tenant Case

Wednesday, June 6th, 2012

Today I was able to finally secure the eviction of a tenant for a Landlord/ client. The Judge had ruled in favor of my client over a month ago following a non-jury trial, but nevertheless, this tenant continued to squat at the residence. Indeed, he was attempting to file a pro se appeal to the Superior Court under the incorrect belief that this, too, would act as a stay in the imposition of his eviction. I was forced to file a petition and order asking the Common Pleas Court to direct the lower court to execute the eviction.
Fortunately, I have been infomred that this Tenant, his 5 cats, and his attendant personal effects are out of my client’s residence.

Ebner, Nevins & McAllister provides high quality legal representation to both Landlords and Tenants facing matters regarding eviction or non-payment of rent in Reading and Berks County Pennsylvania. Call our offices today today to schedule a consultation with one of our attorneys.