Archive for October, 2012

PFA Order Dismissed in Reading, PA Case

Wednesday, October 10th, 2012

Yesterday I represented a client facing a protection from abuse order in the Berks County Court of Common Pleas. His mother-in-law had sought this order and a had alleged that my client had made various verbal threats to her over the telephone during a dispute. Unfortunately, my client and his mother-in-law have previously been invovled in custody litigation and it is my belief that this influenced her decision to seek relief in the form of a PFA.

Fortunately, however, for my client we were able to have the PFA dismissed following a much contested hearing in the Berks County Court of Common Pleas.

The PFA act in Pennsylvania is a very important protection available to those who have been placed in danger due to the acts of spouses, paramours or family members. It is also quite a serious matter to face a PFA as a Defendant. You could be facing restictions of freedom, eviction, loss of a right to a firearm, custody implications and more. It is important to seek the services of an attorney experienced in fighting for personal right. Call our firm today to schedule a free consultation.

Underage Drinking Client Avoids 1 Year License Suspension

Tuesday, October 9th, 2012

I recently represented a local college student in a Berks County, PA facing a second charge of underage drinking. A conviction on such a summary offense would result in PENNDOT suspending her license to operate a motor vehicle for one year, among other things. Since we were unable to get the result we were looking for at the District Court level, we had to get creative.

We filed a summary appeal to the Court of Common Pleas in Reading and began negotiations. We secured a stay of the imposition of suspension by filing the necessary documents with PENNDOT. In the end, we were able to win a reduction in charge ensuring my client would not suffer a license suspension.

Our firm regularly represents Berks County students at Kutztown University, PSU-Berks, Alvernia and Albright charged with every variety of criminal or summary offenses. We understand the importance of maintaining a clean record as students get ready to embark on their chosen careers. If you are facing a Berks County underage drinking citation or other alcohol or drug related offense, call our firm today to schedule a free consultation. We are always glad to accomodate out of area parents or family members through telephone consultations or email correspondence.

Charges Dropped Against Our Client

Thursday, October 4th, 2012

Attorney Ryan W. McAllister recently represented a client in district court in Berks County on charges of “Operating a Vehicle without an Ignition Interlock Device Installed”, 75 Pa.C.S.A. 3808, which is a misdemeanor under Pennsylvania State law, punishable by a fine of up to $1,000.00, imprisonment of up to 90 days, and an additional one (1) year license suspension.  Our client was, in fact, driving a vehicle without an interlock device installed.  However, our client was under the impression and belief that he was allowed to be driving a vehicle without an interlock device.

The problem, however, was that our client did have a driver’s license that stated “interlock” on it.  In other words, our client had a prior DUI conviction that required he have an interlock installed on his vehicle.  Our client did have the interlock installed, and, after the required period of time, the device was removed.  After that, however, our client never took the proper steps to get his “regular” license back.  This was an error and a mix-up on the part of our client.

Attorney McAllister, however, argued the fact that since our client had actually served the proper period of time with an interlock device installed in his vehicle, our client shouldn’t face additional punishment.  Attorney McAllister was able to get proof from the local service shop that installed and de-installed our client’s interlock device, along with various PennDOT records, to demonstrated that our client had simply made a paperwork error.

After negotiating with the police officer involved, as well as the Berks County District Attorney’s Office, Attorney McAllister was able to get this serious misdemeanor charge against our client “withdrawn”, and our client plead guilty to a related minor traffic offense.  There was no $1,000.00 fine, no jail time, no probation, and no additional license suspension.  Our client was very happy with the outcome of his case.

If you or someone you know is facing criminal or traffic charges in Berks County or Reading, Pennsylvania, please contact our office right away at 610-372-5128.  One of our experienced and dedicated attorneys will be happy to discuss your case in detail.