Archive for January, 2014

PFA Dismissed / Firearms & License Returned To Client

Tuesday, January 28th, 2014

Attorney Ryan W. McAllister recently represented a client who had a protection from abuse (PFA) order filed against him by an ex-girlfriend. On the day of the hearing, Attorney McAllister was able to successfully negotiate a settlement, without any admissions by our client, whereby the “temporary PFA” was extended for a short period of time, after which the “temporary PFA” would expire. Under the terms of a normal PFA, a Judge has the authority to grant a PFA for a maximum of three (3) years.

Immediately after the “temporary PFA” expired, Attorney McAllister was able to get a Court Order directed that the Berks County Sheriff’s Office return the firearms and permit to carry that were taken from our client. Although our client was very nervous and scared at the start of the PFA case, he was very happy that Attorney McAllister was able to successfully navigate him through the court system and secure a positive outcome.

If you or someone you know is facing a protection from abuse (PFA) case in Berks County or Reading, Pennsylvania, please contact our firm right away at 610-372-5128. One of our experienced and dedicated attorneys will be happy to meet with you to discuss your case in more detail. We look forward to hearing from you.

Simple Assault & False Imprisonment Charges Dismissed

Tuesday, January 28th, 2014

Attorney Ryan W. McAllister recently represented a Berks County man who was charged with several misdemeanor criminal offenses, most notably Simple Assault, 18 Pa.C.S.A. 2701(a)(1), and False Imprisonment, 18 Pa.C.S.A. 2903(a). Our client was a father, hard-working member of the community, who had no prior criminal record. He was extremely distraught over the fact that these charges were filed against him, and he was very worried about how it could impact his job and ability to earn a living.

Attorney McAllister represented our client at his preliminary hearing before the local district justice. As the hearing was about to start, the Commonwealth informed the Judge that they were missing a key witness. The Commonwealth then requested that the Judge grant a “continuance” to allow more time to prepare the case. Attorney McAllister, however, argued that the entire case should be thrown based on several factors. In the end, the Judge sided with Attorney McAllister, and all charges against our client were dismissed.

Attorney McAllister is now is discussions with our client regarding the expungement process, which would enable any record of the arrest, etc., to be destroyed. By the time everything is complete, there will be no official trace of this unfortunate incident which could have had devastating affects for our client.

If you or someone you know is charged with a criminal offense in Berks County or Reading, Pennsylvania, please call us right away at 610-372-5128. Our secretary will be happy to setup a no-cost consultation with one of our experienced and dedicated attorneys. Our lawyers know this can be a very stressful time, but they are here to assist you and reassure you throughout the process.

Client Avoids Conviction in Retail Theft Case

Tuesday, January 28th, 2014

Attorney Ryan W. McAllister recently represented a young college student in Berks County who was charged with Retail Theft under 18 Pa.C.S.A. 3929. Since this was a “first offense” and the dollar value of the items allegedly taken was small, our client was issued a summary citation. This meant that our client had to fight her case at the district court level. Although our client was only looking several hundred dollars in fines and court costs if convicted, she was very worried about having a conviction for Retail Theft on her “record.inflatable toys canada

After meeting with our client, Attorney McAllister advised her to enter a “not guilty” plea at the court, and the case was then set for a hearing. On the day of the hearing, Attorney McAllister was able to negotiate an agreement with the police officer on the case and the representative from Wal-Mart. Our client was to complete a one (1) day course related to the societal costs of Retail Theft, and, upon successful completion of the class, the charges against our client would be dismissed under the terms of an ARD (first-time offender) program.

After our client completed the class and the charges were dismissed pursuant to ARD, Attorney McAllister proceeded to file an expungement on behalf of our client. This will ensure that our client’s record remains as “clean” as possible, and this unfortunate incident will not negatively impact her future as she graduates college and begins her career. Our client was very happy with the outcome of her case.

If you or someone you know is charged with Retail Theft in Berks County or Reading, Pennsylvania, please contact us right away at 610-372-5128. One of our experienced and dedicated attorneys will be happy to sit down with you and discuss your case in detail. Our initial consultations are always free in criminal, DUI, and traffic cases. We look forward to helping you.

Simple Assault Case Dismissed in District Court

Monday, January 27th, 2014

Attorney Nevins represented an individual charged in connection with allegations of domestic assault today in a Berks County district court. Attorney Nevins was able to secure a dismissal of the criminal charges at his client’s initial court hearing. Charges of Simple Assault carry a possible maximum penalty of two years incarceration and a $5,000 fine.支架水池

If you or a loved one are facing assault charges in Berks County, PA you need an experienced attorney you can trust. The attorneys at ENM Law are skilled trial advocates with an impressive track record of success. Call today for a free initial consultation.

Aggravated Assault Case Dismissed in Reading, PA

Tuesday, January 21st, 2014

Attorney Dan Nevins secured a dismissal for a client charged with Felony Aggravated Assault in Reading, Pennsylvania. The client had been accused of attacking a person with a hammer following a dispute outside a Reading row home. The client, who had no prior record, was facing a long prison sentence if convicted of the allegations.

Fortunately, the facts of the case did not support the initial claims. Attorney Nevins moved for a writ of habeas corpus in the Court of Common Pleas. The Judge granted the motion and the case against the client was dismissed.

Attorney Dan Nevins Achieves Capital Counsel Qualification

Thursday, January 9th, 2014

Attorney Nevins recently qualified under Criminal Procedure Rule 801 as Capital Counsel to provide representation in Death Penalty cases.
To qualify as a Death Penalty attorney in Pennsylvania a lawyer must have extensive experience trying major felony cases before a Jury and meet certain educational requirements. Less than 1% of all Pennsylvania attorneys currently meet these requirements.

Attorney Dan Nevins joins partner Liz Ebner in holding this esteemed designation. The law Firm of Ebner, Nevins & McAllister becomes one of a select number of private law firms statewide that can handle Death Penalty litigation entirely in-house.

Armed Robbery Case Dropped in Berks County PA

Wednesday, January 8th, 2014

Attorney Dan Nevins recently represented a college student charged with allegations of armed robbery in Berks County, PA. Armed Robbery carries with it a 5 year mandatory term of imprisonment in Pennsylvania.

In this particular case the client was alleged to have conspired with two other males to attempt a robbery in a college dorm room. One of the individuals brandished a firearm and a physical struggle with the alleged victims ensued. Police were unable to crack the case quickly and instead looked to our client as a suspect. Police filed charges and our client was jailed in lieu of large amount of bail.

The case for the Commonwealth began to fall apart at the Preliminary Hearing when both “victims” contradicted the statements that had supposedly given to Police. Despite this fact the District Judge held the case for court. Fortunately, our client’s bail was reduced and his family was able to post.

Attorney Nevins filed a petition for a writ of habeas corpus in the Berks County Court of Common Pleas based on the lack of evidence elicited by the Commonwealth. Ultimately, and after several months of pending litigation, the Commonwealth conceded the position and moved to withdraw the charges.