Archive for July, 2012

Client Avoids Jail Time on 1543(b) Traffic Offense

Tuesday, July 31st, 2012

Our client was charged Driving on a DUI Suspended License under the Pennsylvania Vehicle Code, 75 Pa.C.S.A. 1543(b).  Although this is technically a traffic offense, a conviction actually carries a mandatory 60-90 day jail sentence.  Our client was a married father of two (2) children, and, clearly, he could not afford to spend 60-90 days in jail without a significant impact on both the emotional and financial well-being of his family.  Additionally, a conviction under this section of the vehicle code would carry an additional one (1) year suspension of our client’s driver’s license by the Pennsylvania Department of Transportation (PennDOT).

On the day of the hearing, Attorney McAllister attempted to negotiate with the prosecution.  After discussing the matter, Attorney McAllister was able to convince both the prosecution and the Judge to amend the citation issued to our client to another traffic offense.

In the end, our client received no jail time and no additional license suspension.  Our client only had to pay a relatively small fine and court costs.  He was very happy to have retained the services of Ebner, Nevins & McAllister, LLC.

If you or someone you know is facing a traffic citation for driving on a suspended license in Berks County or Reading, Pennsylvania, please contact us at 610-372-5128 to speak with one of our experienced attorneys.  We’ll be happy to discuss your case in more detail and answer any questions that you might have.

Victim Representation at District Court

Tuesday, July 31st, 2012

Attorney Ryan W. McAllister recently represented an alleged victim in a simple assault case in Berks County District Court.  Our client was a wife and mother who had called the police on her husband after getting involved in a physical altercation.  Our client’s husband was arrested and taken to jail to await his preliminary hearing.  Our client came to us since she wanted to minimize any impact this charges would have on both her husband and her family.  Our client was afraid to attend the court hearing all by herself, especially since she would have to talk with the police and members of the district attorney’s office.

Ultimately, our client made it clear to us that she wanted the charges against her husband “dropped”.  Unfortunately, Attorney McAllister advised our client the she can’t simply “demand” that the charges get dropped.  Rather, the police, members of the district attorney’s office, and ultimately the Judge are all involved, on some level, with the decision to “drop” charges.  Our client felt most comfortable hiring Attorney McAllister to represent her at district court, even though she wasn’t charged as a defendant.

Therefore, on the day of the hearing, Attorney McAllister attended the preliminary hearing with his client, the alleged victim. Attorney McAllister discussed the situation with both the police and members of the district attorneys office.  After explaining his client’s position on the case, Attorney McAllister was able to help in getting the charges against the defendant dismissed, which was exactly what our client wanted.

If you or someone you know is either a witness or an alleged victim in a criminal case in Berks County or Reading, Pennsylvania, contact our office at 610-372-5128 to setup a no-cost consultation with one of our experienced attorneys.  Getting a subpoena to testify in court can be a scary experience, and our attorneys would be happy to answer your questions and put your mind at ease.

Gun Charges Withdrawn at Preliminary Hearing

Tuesday, July 31st, 2012

Attorney Ryan W. McAllister recently represented a client who was charged with Persons Not To Possess Firearms, 18 Pa.C.S.A. 6105. Our client was involved in a highly contested custody and divorce case, and he was the defendant in a protection from abuse (PFA) case that his wife had filed against him.  Attorney McAllister was not involved in the custody, divorce, and PFA case; he was, however, retained after our client was charged with this criminal case.

Our client was charged for allegedly possessing a “weapon / firearm” in violation of the PFA that our client’s wife had filed against him. After Attorney McAllister researched the relevant caselaw and read through the very specific terms of the PFA, he realized that the District Attorney’s Office would not be able to prove the charges against our client.

At the preliminary hearing in Berks County District Court, Attorney McAllister approached the prosecution before the hearing and made his arguments known.  The argument was so compelling that the District Attorney’s Office did not even attempt to argue the case before the Judge.  Rather, the District Attorney’s Office agreed to withdraw the charges against our client.

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, contact our office right away at 610-372-5128 for a no-cost consultation.  One of our experienced attorneys will be more than happy to sit down and discuss your case in detail.

Armed Robbery Case Favorably Resolved in Berks County Juvenile Court

Monday, July 30th, 2012

I recently represented a juvenile who had been charged as an adult in a Felony 1 Armed Robbery case in Reading, Pennsylvania.  He was accused of going along with an adult who brandished an AK-47 at third person and robbed him of $1,500.  In adult court the Juvenile was easily facing at least 5 to 10 years in a State Correctional Facility.

Fortunately, I was able to get him case decertified and transferred to Juvenile Court where there is a more balanced focused between holding a juvenile accountable and providing for his rehabilitation.  He admitted to the allegations and was sent to a secured treatment facility.  Once there he participated in treatment and counseling, completed community service, pursued his education and worked on his relationship with family.  After about 9 months he was successfully released.

We were in Berks County Juvenile Court last and happy to report to the Judge that that the young man had successfully completed all of this obligations – including restitution to the victim.  The Judge congratulated my client and discharged him from supervision – a little more than one year following the incident.

If your child is facing allegations of delinquency in a Pennsylvania Juvenile Court, please call our office.  I have successfully represented hundreds of kids in Berks County Juvenile Court over the past seven years.  Call our office today to schedule a free first time consult.