Archive for September, 2012

Felony Charges Withdrawn Against Our Client

Thursday, September 27th, 2012

Attorney Ryan W. McAllister recently represented a client in a criminal case out of Schuylkill County, Pennsylvania.  Our client was charged with various felony counts of forgery, fraud, and theft, all allegedly involving our client accessing her grandmother’s bank accounts and stealing thousands of dollars.  Our client was surprised, shocked, and saddened when these charges were filed, and absolutely denied any involvement whatsoever.

Attorney McAllister showed up at our client’s preliminary hearing prepared to fight and defend against these allegations.  Our client was offered a “deal” in which she would pay restitution to her grandmother in exchange for a significant reduction in the charges.  Attorney McAllister, however, after consulting with his client, made the decision to push forward with the case, forcing the witnesses to testify before the Judge.  Before the case even got that far, though, the prosecution withdrew all the charges against our client based on a “lack of evidence”.

Our client no longer has any charges pending against her, and she is not currently facing the possibility of jail time, probation, or fines.  Most importantly to her, though, is that her name is clear.  In this case, it was very important to have a skilled and experienced criminal defense lawyer representing our client.  Some attorneys might have pressured their client to “waive” her preliminary hearing or take the “deal” offered by the prosecution.

If you or someone you know has been charged with a criminal offense in Schuylkill County or Berks County, Pennsylvania, please contact our office right away at 610-372-5128.  We offer free case evaluations in criminal and DUI matters, and our experienced attorneys will be more than happy to meet with you to discuss your case in detail.

Berks County Probation Violation Case Successfully Resolved

Wednesday, September 26th, 2012

Yesterday I (attorney Dan Nevins) represented a client charged with violating the terms of her Probation in Reading, Pennsylvania. The client had been detained in Berks County Prison for approximately 2 months after not reporting as directed to the Probation Office. The Probation Office was recommending that she remain locked up an additional two months as a further sanction for her alleged violation.

Fortuantely, I was able to get the GAGNON hearing scheduled in front of the sentencing Judge about 4 weeks early. I was also able to successfully argue for a time served sentence making our client eligible for immediate parole.

If you have a loved facing a violation or probation or parole in Berks County, PA call our office today for a free initial consultation. We have been able to help hundreds of Defendant’s facing the additional loss of liberty that comes with allegations of violating the terms of supervision in Reading, PA.

Return of Property Ordered in Reading, PA Criminal Case

Friday, September 14th, 2012

Our firm recently represented the Grandfather of a criminal defendant who had property siezed by police in connection with the Berks County, PA criminal charges. Specifically, an iPhone that had been purchased by the Grandfather for use by his grandson had been seized by police as evidence. After the case was concluded the grandfather wanted his property back. Unfortantely, the Commonwealth was not willing to simply return the iPhone absent court order.

As a result, we filed a Return of Property Petition with the Berks County Common Pleas Judge who had proper jurisdiction. The Commonwealth opposed our request on the grounds that the iPhone may be of some relevance if some subsequent appeal was filed in the underlying criminal case. Fortunately, the Judge saw no merit in the Commonwealth’s position and granted our request.

That very same day Attorney Ryan McAllister accompanied our client to an evidence locker and retrieved the iPhone.

The police frequently seize valuable personal property as part of criminal investigations. Sometimes these items are unrelated to the eventual criminal prosecution. This is an area often overlooked by criminal defendants and their attorneys. At Ebner, Nevins & McAllister we pride ourselves in providing thorough and detail-oriented representation to all of our clients.

Even if your criminal case may be closed, you may still be entitled to have your property returned to you. We have secured the release of vehicles, cash, electronics and other valuables for our clients. If you are facing forfeiture of property in Reading, Berks County, Pennsylvania call our office today for a free first time consultation.

Not Guilty Verdict in PFA Violation Case in Reading, Pennsylvania

Wednesday, September 12th, 2012

Last week I represented charged with Indirect Criminal Contempt (ICC) as a result of an alleged violation of a Protection from Abuse order in Reading, Pennsyvania. My client was charged with confronting his estranged wife in their marital residence and engaging in a heated disagreement about bills and the mortgage.

The PFA that was in effect actually allowed for contact between the parties. Additionally, I had previously negotiated the condition that my client share the martial residence and reside in the guest room. The allegation here was that he had violated the provision that state he should not “abuse, harass, stalk or threaten physical violence against her.”

In this situation it was certainly fair to say that a disagreement took place. However, I was able to successfully argue that his actions did rise to level prohibited by the existing court order.

Our firm represent individuals on a variety of domestic violence matters in Berks County. Whether it is a PFA violation or a criminal simple assault charge we have provided zealous legal representation to hundreds of men and women in Berks County. We also have a growing Family Law practice including Divorce, Custody and Support. Call our office today to speak with an attorney regarding your Berks County, PA Family law matter.

Aggravated Assault with a Firearm Case Dismissed in Reading, Pennsylvania

Tuesday, September 4th, 2012

Attorney Elizabeth Ebner won the complete dismissal of charges stemming from an alleged shooting in Reading, PA. Our client had been charged with felony counts of Aggravated Assault and Firearms offenses at the preliminary hearing stage in Reading Central Court. The Commonwealth is required to establish probable cause at this stage, which would then lead to the charges being held over to the Court of Common Pleas.

Fortunately for our client Attorney Ebner successfully argued that the evidence was insufficient to rise to the level of probable cause. The District Judge dismissed each charge that had been brought against our client.