Archive for November, 2012

Client Avoids 1 Year License Suspension

Friday, November 30th, 2012

Attorney Ryan W. McAllister represented a client who was charged with driving on a suspended license, 75 Pa.C.S.A. 1543(a), which is a summary traffic offense.  Our client was charged with this citation in Berks County, Pennsylvania; she was facing fines and court costs of over $500.00 if convicted as well as a mandatory 1 year additional license suspension through PennDOT.  Our client had just graduated from a local college and was beginning the job hunt.  Needless to say, a 1 year license suspension would have an extremely detrimental effect on our client’s ability to get and keep a job.

Attorney McAllister had prepared a defense to present to the Judge at the hearing in Berks County District Court.  Before the hearing started, though, he approached the officer was had issued the citation and explained our client’s circumstances.  Attorney McAllister was able to negotiate a plea agreement with the officer so that our client wouldn’t lose her license for an additional 1 year.

Based on the agreement negotiated by Attorney McAllister, our client saved several hundred dollars in fines and court costs and avoided a 1 year license suspension.  Additionally, Attorney McAllister was able to get our client’s license restored from a “suspended” status to a “valid” status.

Needless to say, our client was very happy with the outcome of her case.  If you or someone you know has been charged with a traffic citation in Reading, Pa, or Berks County, please contact us right away at 610-372-5128 to setup a free consultation with one of our experienced and dedicated attorneys.  We have represented hundreds of clients in Berks County District Court traffic cases, and we have had a lot of success helping clients keep their licenses.

Client Not Guilty in Underage Drinking Case

Thursday, November 29th, 2012

Attorney Ryan W. McAllister recently represented a Penn State Berks college student who was charged with underage drinking / possession in violation of 18 Pa.C.S.A. 6308.  As a college student with a bright future, our client was very concerned about this being on his permanent record.  Additionally, our client was facing fines and court costs in excess of $500.00 and a license suspension of 90 days.  Moreover, our client rightfully wanted to fight the charges because he denied ever drinking, buying, or possessing any alcohol.

Attorney McAllister showed up in Court on the day of the hearing, and he spoke with the police officers involved in the case beforehand.  Our client was offered a “deal” in which he would plead guilty to another charge which would eliminate the license suspension.  After consulting with Attorney McAllister, however, the decision was made to move forward with the hearing and fight the charges.

During the hearing, Attorney McAllister cross-examined the officers and was able to prove to the Judge that there was simply not “proof beyond a reasonable doubt” to show that our client was guilty of this offense.  The Judge agreed with Attorney McAllister’s arguments, and our client was found “not guilty”.  The following day, Attorney McAllister filed the paperwork at the Courthouse to begin the process of “expunging” our client’s arrest record related to this incident.  In a few short weeks, after the expungement is gratned, there will be no evidence of this unfortunate incident on our client’s record.

Our client and his parents were extremely happy with the outcome of this case.  In fact, from a legal standpoint, the outcome could not have gotten any better!

If you or someone you know has been charged with Underage Drinking (18 Pa.C.S.A. 6308) in Reading, Pennsylvania, or Berks County, Pennsylvania, then be sure to contact our office right away at 610-372-5128.  There are many strategies that our experienced and dedicated attorneys would be willing to discuss as part of a no-cost consultation.

Misdemeanor Charges Dismissed

Thursday, November 29th, 2012

Attorney Ryan W. McAllister recently represented a client who was charged with Simple Assault (18 Pa.C.S.A. 2701), a misdemeanor of the second degree, and two (2) summary charges.  At the preliminary hearing, which was held in “magisterial district court” in Berks County, Attorney McAllister was able to successfully argue before the Judge that the misdemeanor Simple Assault charged should be thrown out of court.

The Judge agreed with Attorney McAllister’s arguments, although the Judge did find out client guilty of the lesser summary charge of harassment.  Nevertheless, our client was very happy with the outcome of her case.  Instead of a misdemeanor charge of Simple Assault, which carries jail time and / or probation, along with fines and costs that can easily top $1,000.00, our client only received a modest fine of $150.00 and no probation.

If you or someone you know is facing criminal charges in Reading, PA, or Berks County, PA, call our office right away at 610-372-5128.  It is critical to speak with an experienced and dedicated criminal defense attorney before talking to the police or going to court.  Our office offers free consultations in criminal matters, and we would be happy to discuss the specifics of your case in more detail.

Client Avoids License Suspension in Underage Drinking Case

Wednesday, November 28th, 2012

Attorney Dan Nevins recently represented yet another Penn State – Berks student facing a charge of Underage Drinking for alleged incident occurring at an off-campus party. A conviction on the charge would result in PENNDOT automatically suspending the individual’s license to operate a motor vehicle for a period of 90 days for a first time violation.

Fortunately, in this situation a favorable settlement was achieved. The charge was amended to a Disorderly Conduct and the client suffered no license suspension as a result.

Pennsylvania’s Underage Drinking statute can be found at 18 Pa.C.S.A Section 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages). The statute relating to the license suspension is found at 75 Pa.C.S.A. Section 1532(d) of the Pennsylvania vehicle code.banana boat inflatable rafts

The attorneys at Ebner, Nevins & McAllister have successfully represented many Berks County residents and students at PSU-Berks, Alvernia, Albright and Kutztown University. Call today to learn how to protect your rights when facing Underage Drinking or alcohol related offenses.

Misdemeanor Charges Dropped at Preliminary Hearing in Berks County

Wednesday, November 21st, 2012

Yesterday I (attorney Dan Nevins) represented a client charged with two misdemeanor offenses following a somewhat unusual incident in Berks County, PA. He was facing a charge of Agricultural Vandalism as well as Criminal Mischief as a result of a motor vehicle accident in which his vehicle went off a road, through a farmer’s fence and down a hill into a field.

Fortunately, I was able to negotiate a favorable settlement at the time of the preliminary hearing. The misdemeanor charges were dropped in exchange for my client paying for the fence repair as well as a small fine to the district court.

If you are facing a criminal matter in Berks County, Pennsylvania don’t hesitate to contact our office for a free initial consultation. Our firm has recently expanded to include a new attorney to better serve the needs of our existing and future clients.

Firearms Ordered Returned To Two Clients

Monday, November 19th, 2012

Last week Attorneys Daniel Nevins and Julie Marburger helped two clients get their firearms successfully returned in the Berks County Court of Common Pleas.

The first client had his firearms taken away as a result of a PFA. The PFA was withdrawn and the client wanted to have his firearms returned to him. After a hearing, the judge ordered his firearms were to be returned.

Ebner, Nevins and McAllister successfully represented the second client on attempted homicide charges in June. A jury found him not guilty. The Berks County District Attorney’s Office filed a forfeiture petition against this client. At the hearing last week the firearms were ordered returned to the client.

If your firearms have been taken away in Berks County or Reading, PA, contact us at 610-372-5128 for a free consult on getting them returned. One of our experienced and dedicated attorneys will be happy to discuss your case in detail.