Archive for May, 2015

ENM Law News: Appellate Victory

Wednesday, May 27th, 2015

Our Berks County divorce attorneys handled a case for a client who had a significant retirement account. Following negotiations, the parties reached an agreement on the retirement account in a property settlement agreement and the divorce was finalized. After the divorce decree was entered, the client realized that he was mistaken as to the different parts of his retirement account and that he had agreed to give away a larger portion of his retirement than he, and the opposing party, had understood or intended. Our Berks County appellate attorneys filed a motion to have the divorce case reopened based on mutual mistake in a contract. Our motion was granted and the court changed the property settlement agreement to reflect the understanding of the parties. The opposing party appealed the court’s decision and our attorneys represented our client’s interests on appeal. The Superior Court agreed with our arguments because there was significant, credible proof that the parties had intended a different result and affirmed the trial court’s decision.

If you are going through a divorce, you need a knowledgeable lawyer on your side.  Call our Berks County divorce attorneys at 610-372-5128 or email us at info@enmlaw.com.

Spotlight Issue: First Offense DUI in Berks County

Sunday, May 10th, 2015

Being arrested for a first-offense DUI can be frightening and embarrassing, especially if you haven’t had any involvement with the legal system before. You probably have a lot of questions about what will happen next and our Berks County DUI attorneys are here to answer those questions. Our DUI attorneys will start by representing you at your preliminary hearing in front of a Magisterial District Justice. We will discuss your options with you at that court date and you will decide whether to have a hearing that day or to waive your right to a hearing. You might also apply for the Accelerated Rehabilitative Disposition (ARD) program on that date. Read more about the DUI ARD program here. If your case goes past the preliminary hearing stage, then our DUI attorneys will obtain the evidence that the District Attorney intends to use against you at trial (this is called discovery). Discovery for a DUI can include officer’s reports, results from blood tests and, when available, police dashboard video. We will review the evidence to determine whether the police acted appropriately in your case. For example

-did the police have reasonable suspicion to pull you over
-if you weren’t driving, were you in actual physical control of the vehicle
-were the field sobriety tests administered correctly
-were the blood results obtained correctly

Even though you may not have any prior criminal record, you still might be facing a mandatory 72-hour prison sentence. Our DUI attorneys will evaluate the evidence against you and advise you as to your best option. Whether you decide to enter the ARD program, accept a plea offer or take your case to trial, you need an experienced attorney on your side because the consequences of a DUI conviction can be serious. Contact our Berks County DUI lawyers at 610-372-5128 or email us at info@enmlaw.com.