Archive for July, 2013

Successful Dismissal of Underage Drinking Charges

Wednesday, July 31st, 2013

Attorney Julie Marburger recently represented a college student who was charged with underage drinking. The student was given a citation for underage drinking under 18 Pa.C.S.A. 6308. First offense underage drinking citations can carry up to a $300 fine and can stay on your record.

Attorney Marburger got the charges dismissed from the client’s record and then applied for an expungement to ensure that the client’s record did not show the dismissed charges.

If you, your child, or someone you know is charged with 18 Pa.C.S.A. 6308 (underage drinking) in Reading, PA, or Berks County, PA, please contact our law firm right away at 610-372-5128. It could mean the difference between a criminal record and a clean record.

PFA Dismissed in Berks County

Wednesday, July 31st, 2013

Attorney Ryan W. McAllister recently represented a client who was a defendant in a Protection from Abuse (PFA) case in Berks County, Pennsylvania. Our client originally appeared in court without an attorney. At that time, our client was requested to voluntarily enter into an agreement whereby the PFA would be in effect against him for a period of several years. After consulting with Attorney McAllister, however, it became apparent that our client had a potential defense to the PFA case against him.

Therefore, Attorney McAllister requested a formal PFA hearing before the Judge in the case. Additionally, Attorney McAllister had his client secure pictures of his injuries sustained during the altercation between the parties. On the date and time set for the formal hearing, the plaintiff in the PFA case, the one who initially filed the case, didn’t show up for court, despite being a previous court hearings. As a result, Attorney McAllister made a motion to dismiss the PFA case, which was granted by the Judge.

Many times, when faced with having to testify, along with evidence favorable to a defendant, a plaintiff in a PFA case will elect not to proceed or simply fail to show up for court. That is why it is always important to have an experienced attorney assisting you in PFA / protection from abuse matters. Without an attorney, many times defendants simply “agree” to the PFA, which is usually not in their best interest.

If you or someone you know is involved in a protection from abuse / PFA case in Berks County, Pennsylvania, or Reading, PA, please contact us right away at 610-372-5128. One of our dedicated attorneys will be willing to discuss your case in more detail and offer their valuable insight and advice.

Forgery and Identity Theft Charges Dismissed in Berks County

Monday, July 29th, 2013

Attorney Dan Nevins secured a dismissal of Felony charges for a Reading, Pennsylvania client last week. The client had been charged with felony counts of identity theft and forgery as well as misdemeanor counts of theft and receiving stolen property. The charges stemmed from what was, at its core, a property dispute between former domestic partners. In the end Attorney Nevins and the Assistant District Attorney brokered a settlement resulting the return of property to the satisfaction of both parties. As a result the Judge signed off on a Dismissal Upon Satisfaction or Agreement pursuant to Rule 586 of the Rules of Criminal Procedure.

The attorneys at ENM Law have a strong and consistent track record of achieving the best results for clients charged in criminal cases in Berks County, PA. Call 610-372-5128 today to schedule an appointment with one of our attorneys.

Successful Superior Court Appeal in Berks County Rape Case

Friday, July 26th, 2013

Attorney Julie Marburger won an important appellate victory for a client in a Sexual Assault case that went up to the Pennsylvania Superior Court. The matter was remanded back down to the Berks County Court of Common Pleas so that the client could stand trial. The client, previously represented by another Attorney, had entered a guilty plea and was sentenced by the Judge to a period of 15 years to 65 years. He was seeking a withdrawal of the plea prior to sentencing.

Charges Dropped – Driving on a Suspended License

Wednesday, July 24th, 2013

Attorney Ryan W. McAllister recently represented a client who was charged with driving on a suspended license under 75 Pa.C.S.A. 1543(a). Our client was pulled over for running a stop sign, at which time the police officer checked our client’s license and determine that it was officially “suspended”. Our client, however, had no knowledge that his license was under suspension. Nevertheless, the police officer seized our client’s license and issue him a ticket.

Our client was facing a hefty fine and court costs if convicted. Most importantly, though, he was looking at an additional one year license suspension if he was convicted of this offense. Our client had just gotten a new job, and he needed to commute to work in his vehicle. A one year license suspension would have been devastating.

Attorney McAllister advised his client to plead “not guilty” to the traffic citation and request a trial before the local district judge. At the trial, Attorney McAllister was able to present “caselaw” to show that the Commonwealth could not prove their case against our client “beyond a reasonable doubt”. As a result, the charges against our client were dropped.

Our client was extremely happy with the outcome of his case since he was not going to suffer an additional one year license suspension. If you or someone you know is charged with driving on a suspended license in Berks County, Pennsylvania, or Reading, PA, please contact us right away at 610-372-5128. One of our skilled and experienced attorneys will be happy to meet with you in person to discuss your case in more detail.

Successful Name Change in Berks County Courts

Wednesday, July 24th, 2013

Attorney Ryan W. McAllister recently assisted a client with a name change in the Berks County Court of Common Pleas. Our client came to Attorney McAllister seeking to change both her first and last name. Attorney McAllister was able to discuss the process with our client, and she was able to file the proper paperwork with the Court, as well as proper publication of the notice of the hearing in the Reading Eagle and the Berks County Bar Journal.

Attorney McAllister also successfully prepared his client for the day of the court hearing, since our client had to testify on the witness stand as to some of the facts related to the name change. Ultimately, the Judge granted the request, and our client was provided with a Court Order that same day officially changing her name.

The client was very happy that she had the services of Attorney McAllister to help her navigate the complicated process of changing her name through the Berks County Court of Common Pleas. If you or someone you know wants to file a name change petition in Berks County, please contact us right away at 610-372-5128. One of our attorneys will be happy to discuss the process with you in more detail.

Berks County Expungements Granted

Tuesday, July 23rd, 2013

Attorney Julie Marburger secured an expungement of criminal charges for three Berks County clients in four different cases today after petitioning the Court of Common Pleas. Two cases dealt with assault charges that were dismissed and the other two were felonies in which the client was over 70 years of age.

Expunging dismissed charges helps protect you from prospective employers, schools or even the general public from being able to see the charge. It is important for your future to have dismissed charges expunged.

The attorneys at Ebner, Nevins & McAllister are proud to provide full and complete legal services to clients who find themselves accused of crimes in Berks County. Call today to schedule a free consultation.

Not Guilty Verdict in PFA Violation Case

Wednesday, July 17th, 2013

Attorney Elizabeth Ebner won a not guilty verdict yesterday for a client who had been charged with violating a Protection From Abuse order in Berks County, Pennsylvania. The client was facing up to 6 months in prison if convicted of the offense. The case had been scheduled for a special date and time by a Common Pleas Judge due to the nature and circumstances of the situation. Ultimately, Attorney Ebner had her client fully exonerated following a contentions court proceeding.

In Pennsylvania alleged violations of a Protection From Abuse (PFA) order result in the filing of Indirect Criminal Contempt (ICC) charges. Most typically these violations stem from an alleged violation of the “no contact” provision of the PFA. Fortunately, those facing such allegations are entitled to their day in court.

The Attorneys of Ebner, Nevins & McAllister have a strong track record of success in representing individuals accused of criminal acts in Berks County, PA. We continue to offer free initial consultations in all criminal cases as well as PFA and PFA violation cases. Call today to schedule your appointment.