Archive for December, 2012

Motion for Early Termination of Probation Granted

Friday, December 28th, 2012

Attorney Dan Nevins recently represented a client seeking the early termination of his probation in a Berks County case. The client had been placed on 5 years of county probation to follow a short jail sentence that began back in 2006. He was nearing completion of his sentence within the next four months, however his status on probation was restricting his ability to travel and/or relocate. Specifically, the Client was hoping to move out of state so that he may care for his ailing father.

Attorney Nevins filed a motion to terminate probation which was granted just last week. The Client was able to travel out of state without restriction to be with his elderly father for the Holidays.

The attorneys at Ebner, Nevins & McAllister take pride in seeking out creative solutions for our client’s legal matters. Ebner, Nevins & McAllister offers a free initial consultation in most cases, including Criminal, DUI, Traffic, Firearms returns, Expungements and more. Call today to speak with one of our experienced Berks County attorneys.

Alternative Sentencing in Berks County 3rd Offense DUI

Friday, December 21st, 2012

Attorney Dan Nevins recently represented a Client facing a third time Driving Under the Influence (DUI) offense. As a middle tier offense the client was facing a 90 day mandatory jail term. Treatment Court was one alternative, but ultimately did not work out.

Attorney Nevins explored the options and had the Client approved by Adult Probation for electronic monitoring.  The Client had a good job and 90 days in prison would certainly lead to termination.  In the end Attorney Nevins was able to negotiate a sentence of 6 months house arrest, with windows for work, as well as 5 days in jail.  The Client was able to keep his job and undergo treatment for substance abuse.

Our attorneys have a great deal of experience representing individuals facing DUI and alcohol related offenses in Berks County, Pennsylvania.  The laws are strict as it relates to Driving Under the Influence offenses in Pennsylvania.  Having an experienced DUI attorney at your side is imperative.  Call today for a free consultation.

All Charges Dismissed in Theft Case

Thursday, December 20th, 2012

Attorney Ryan W. McAllister recently had all charges dismissed in a Berks County theft case. Our client was charged with Theft By Unlawful Taking, 18 Pa.C.S.A. 3924, a misdemeanor of the 1st degree, and Receiving Stolen Property, 18 Pa.C.S.A. 3925, a misdemeanor of the 1st degree. Both of these offenses were punishable by up to five (5) years in prison and a fine of up to $10,000.00.

Our client was accused of taking an extra $2,000.00 from a local Bank in Berks County when cashing a certified check at the bank. During his research on the case, Attorney McAllister was able to determine that Pennsylvania Rule of Criminal Procedure 586 could be utilized to attempt a dismissal of the charges against our client. After ongoing negotiations with the Berks County District Attorneys Office, Attorney McAllister was able to strike an agreement that would result in our client paying back the money taken from the bank in exchange for a dismissal of the charges. Thereafter, a court order was presented to the Judge, which the Judge subsequently signed, dismissing all charges against our client. There was no resulting probation, no fines, and no court costs.

Attorney McAllister is currently talking to our client about the expungement process, and, if our client wishes to move forward, Attorney McAllister will file documents with the Court to wipe any trace of this incident from our client’s record. Our client was very satisfied with the services of Ebner, Nevins & McAllister, LLC. If you or someone you know is facing criminal charges in Berks County or Reading, Pennsylvania, please contact us right away at 610-372-5128. Our experienced and dedicated criminal defense attorneys will be happy to discuss your matter in detail during a no-cost consultation.

Client “Not Guilty” In Harassment Case

Thursday, December 13th, 2012

Attorney Ryan W. McAllister recently represented a client charged with Harassment under 18 Pa.C.S.A. 2709 of the Pennsylvania Crimes Code. This is an unusual case in that our client was originally found guilty of the Harassment charge at district court in Berks County. However, Attorney McAllister appealed the decision of the district court Judge on behalf of our client. This is known as a “summary appeal”, and the filing of the appeal automatically vacates the guilty verdict and permits the defendant to have a trial “de novo” in the Berks County Court of Common Pleas.

At the higher court, Attorney McAllister was able to secure a “not guilty” verdict in the case. Our client was extremely happy with the outcome since it saved her from having a conviction on her record not to mention hundreds of dollars in fines and court costs.

This case illustrates the importance of having an experience attorney on your side. If our client was representing herself, she might not have had the knowledge or the ability to file an appeal of the original outcome of her case. Instead, filing the appeal made a huge difference in the outcome of her case. If you or someone you know is charged or cited in Reading, Pennsylvania, or Berks County, Pennsylvania, please contact us right away at 610-372-5128. One of our attorneys is always available to discuss your case in more detail.

Charges Expunged in Berks County Case

Tuesday, December 11th, 2012

Today, Attorney Julie Marburger helped a client get their criminal record expunged. Expungement is possible in many cases and is important to keep your criminal record clean.

This client was charged with Simple Assault, Recklessly Endangering Another Person and Harassment. His charges were dismissed and he needed them off his record in order to apply for schools. Attorney Marburger was able to help this client in getting the charges expunged and removed from his record.

If you have an offense you need expunged from your record for school, work or just to have a clean record, call Ebner, Nevins and McAllister to set up your free consult today.

Not Guilty Verdict in Berks County DUI Case

Monday, December 10th, 2012

Attorney Liz Ebner recently got her client acquitted of DUI, 75 Pa.C.S.A. 3802(b), during a non-jury trial in Berks County.  Our client was charged with a “middle tier” first offense DUI, so the mandatory penalties were 48 hours in Berks County Prison, a 12 month license suspension, and significant fines and court costs.  Our client most certainly did not want to go to jail, even for 48 hours, and he would have been very restricted if he lost his license for 12 straight months.

Therefore, Attorney Ebner, with her client’s permission, took the case to a non-jury trial.  At trial, the Commonwealth and the District Attorney’s Office were not able to present enough evidence to prove our client guilty beyond a reasonable doubt.  The facts of this particular case were rather complex; nevertheless, Attorney Ebner was able to convince the Judge that our client was “not guilty”.

In the end, our client was extremely happy with the outcome of his case.  He left the courtroom with no conviction on his record, no mandatory jail time, no license suspension, and no fines or court costs.  If you or someone you know is charged with drinking and driving (DUI) in Berks County or Reading, PA, please contact us right away at 610-372-5128.  One of our knowledgeable and dedicated DUI defense attorneys will be happy to discuss the specific facts of your case in more detail.

All Charges Dismissed at Berks County Preliminary Hearing

Wednesday, December 5th, 2012

Attorney Dan Nevins won a dismissal of all criminal charges filed against a client following an alleged domestic incident in Berks County, PA. The client had been charged with Simple Assault, Terroristic Threats and Harassment. It was alleged that he threatened his brother’s girlfriend with a knife during an argument at the family home.

Following the preliminary hearing the District Judge ruled that the Commonwealth failed to meet its burden and dismissed each count.

The attorneys of Ebner, Nevins & McAllister have a demonstrated track record of successfully defending individuals charged with every type of criminal offense.  Allegations of domestic abuse must be taken very seriously – by both the alleged victim and the accused.  Protect your rights by scheduling a free initial consultation today.