Archive for February, 2016

ENM Law News: Emergency Custody Petition

Monday, February 29th, 2016

Our Berks County family law attorneys were able to obtain sole physical custody for a client after divorce proceedings began. The opposing party in the divorce was refusing to allow our client to see his children so our attorneys filed an emergency custody petition asking that custody be given to our client. The hearing was expedited and the court granted our client sole custody of his children.

Divorce and custody proceedings can quickly become contentious and it’s important that you have a knowledgeable Berks County family law attorney on your side. Contact our custody attorneys today at 610-372-5128 or email us at info@enmlaw.com.

ENM Law News: Successful Criminal Case Outcomes in Berks County

Monday, February 29th, 2016

Our attorneys secured the return of a client’s firearms after many years of unsuccessful attempts made by other attorneys. Our client’s firearms were taken by the courts a number of years ago and he had been trying ever since to get them back. Our attorneys argued to the court that the failure to return the firearms was a violation of our client’s constitutional rights. The court agreed and ordered the weapons returned shortly thereafter.

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Our Berks County criminal attorneys recently negotiated a reduced sentence for a client charged with Delivery of Heroin. The client was facing the possibility of a lengthy prison sentence. Our attorneys raised the argument that there were significant problems with the handling of the police investigation which violated our client’s rights. Following the filing of that motion, our client was offered a probationary sentence.

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Our Berks County criminal attorneys represented a client charged with felony Stalking. Stalking is usually a misdemeanor offense, but because it is a recidivist crime, stalking becomes a felony if you have previously been convicted of the same offense. Our attorneys filed a pretrial motion and, at the pretrial hearing, argued that the victim had withheld important information relating to the stalking allegations. Our client was later offered a plea agreement for a summary citation and fine. Our client avoided a maximum permissible sentence of 7 years of incarceration and a $15,000 fine.

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Our Reading, PA criminal attorneys were hired to represent a decorated war veteran on a firearms charge. Our client was charged with attempting to illegally acquire a weapon by making a false written statement. PA law (18 PA.C.S. 6111(g)(4)) makes it illegal for a person to complete the application form for a background check as required to purchase a weapon from a firearms dealer if he knows that he is not lawfully permitted to possess a firearm. Our client was convinced by the firearms dealer to complete the application even though the client knew the application would be denied and without the client being told of the consequences. Months later our client was arrested and was facing a felony charge which carried a maximum permissible sentence of 7 years of incarceration and a $15,000 fine. After explaining the case and advocating for our client, our criminal defense attorneys were able to ensure that our client received a probationary sentence.

If you’ve been charged with a firearm or drug offense contact our Reading, PA criminal law attorneys at 610-372-5128 or email us at info@enmlaw.com.

Spotlight Issue: Driving with a suspended license?

Monday, February 29th, 2016

You were caught driving with a suspended driver’s license and received a 1543(b) citation. Is this just a regular traffic ticket? NO! A 1543(b) citation can result in a jail sentence and significant fines.

If you are caught driving with a suspended license then you will be charged with either a 1543(a) or 1543(b) citation. There is huge difference between the two. A knowledgeable Berks County criminal attorney may be able to negotiate a reduction in charges from a 1543(b) to a 1543(a) citation. Read below to see why that reduction matters.

1543(b)

A 1543(b) citation means that you are suspected of driving with a DUI-suspended license. You may currently be in the ARD program for a DUI or you may have completed your sentence years ago. A license is considered DUI-suspended until it has been officially restored by PennDOT – this means that you have received your physical license back from PennDOT after it was surrendered for a DUI suspension. Drivers are often caught by surprise because they have completed all of their DUI requirements, but have not paid the $25 restoration fee to PennDOT and have not received their license back in the mail. In this situation, the driver’s license is still considered suspended because of a DUI and they can be charged with 1543(b). The consequences for driving with a DUI-suspended license are severe: A first offense is punishable by a mandatory sentence of 60-90 days in jail and a $500 fine.

However, if the driver has a blood alcohol content (BAC) above .02 OR has a controlled substance in his blood OR refuses to submit to chemical testing then the sentences are increased:

a first offense is punishable by a mandatory sentence of 90 days in jail and a $1000 fine
a second offense is punishable by a mandatory sentence of 6 months in jail and a $2,500 fine
a third or subsequent offense is punishable by a mandatory sentence of 2 years in jail and a $5,000 fine

Is there anything that can be done to avoid a jail sentence for a 1543(b) charge in Berks County? Yes. Berks County offers a DUS Intermediate Punishment Program. Berks County DUS/IPP allows an offender to complete electronic monitoring and inpatient treatment in place of most of the mandatory jail sentence. The rules for applying for the DUS/IPP are strict and deadlines must be complied with. Our Reading, PA criminal attorneys will help you complete the application process.

1543(a)

A 1543(a) citation means that you are suspected of driving with a suspended license which is not DUI-related. A 1543(a) citation is a summary offense and the penalty is a $200 fine and an additional license suspension. However, multiple 1543(a) convictions can lead to much more serious penalties. A second or subsequent conviction can lead to a fine of up to $1,000 and a jail sentence of up to 6 months. A 6th or subsequent conviction results in a mandatory fine of $1,000 and a mandatory jail sentence of 30 days to 6 months.
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If you have been charged with a 1543(b) or violation, it is in your best interest to consult with a Berks County criminal attorney before your first hearing. We may be able to reduce your charge to a fine-only 1543(a) citation or help you apply for DUS/IPP. Contact us today at 610-372-5128 or email us at info@enmlaw.com.

ENM Law News: Successful Juvenile Court Outcome

Wednesday, February 24th, 2016

The mother of a juvenile charged with Receiving Stolen Property and Possession of a Small Amount of Marijuana came to ENM Law for help with her son’s case after years of representation by other attorneys. This juvenile had been given a consent decree (basically ARD for juveniles), but was continually violating his supervision by failing drug tests and was in and out of juvenile placements for over 18 months. While in placement, he was prescribed medications for mental illness. He was compliant with those medications while at the juvenile placement and continued to take them after he was released awaiting a violation hearing. However, at that violation hearing he was taken into custody again and was not given any of the mental health medications during the 60 days that he was incarcerated. It was at this point that Attorney Ebner stepped in to represent the juvenile. After hearing Attorney Ebner’s arguments on behalf of her client, the juvenile judge found that the client was not in willful violation of his supervision because the client had been denied his necessary medication during his 60 day incarceration.

If your child has been charged in Reading, PA with a criminal offense as a juvenile, it is extremely important that you have a knowledgeable attorney at your side. Call our Reading, PA juvenile attorneys at 610-372-5128 or email us at info@enmlaw.com.

ENM Law News: Successful Family Law Outcomes

Wednesday, February 10th, 2016

A father came to ENM Law for assistance in getting custody of his daughter who lives in Berks County. At the point that he came to see Attorney Ebner, this client hadn’t seen his daughter in 7 months because the child’s mother refused to answer his calls and moved to a different residence without notifying him of the new address. Attorney Ebner immediately filed a custody complaint and was able to track down the mother to serve her. Despite the mother’s refusal to cooperate, Attorney Ebner was able to secure a custody order for this client which assures him visitation time with his daughter and allows him to take her out-of-state to visit her paternal grandparents.

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A mother of 2 came to ENM Law for help with her Berks County family law cases. The client’s husband had been using illegal drugs and was on a steady spiral downwards. This client needed custody, divorce and support cases filed on behalf of herself and her children. The husband eventually went to jail on theft offenses and the client stopped receiving support from him. Because of the work of Attorney Ebner, this client is now the sole legal and physical guardian of the children and also has exclusive possession of the marital residence that has been saved from foreclosure.

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Custody, support and divorce issues are too important to handle on your own. If you’re struggling with these issues in Berks County, contact our experienced Family Law attorneys at 610-372-5128 or email us at info@enmlaw.com.

ENM Law News: Forgery Charges Dismissed

Friday, February 5th, 2016

Despite the frustration over her case being drawn-out over a 2 year period, an ENM client charged with felony counts of Forgery, Theft by Deception and Receiving Stolen Property and related offenses recently got a happy ending to her case. You can read more about the crime of Forgery here. This client was the employee of a non-profit agency in Berks County and was charged for an alleged conspiracy to steal money from incompetent individuals. She was facing a maximum sentence of 78 years of incarceration. This client denied any involvement and because of the consistent pressure applied by Attorney Ebner, all charges against the client were dismissed and her arrest record was expunged.

Forgery and theft charges can have significant and damaging effects on your life. If you’ve been charged with any of these crimes, you need to have a knowledgeable criminal lawyer on your side. Call our Berks County criminal attorneys immediately at 610-372-5128 or email us at info@enmlaw.com

ENM Law News: Reduced Sentence for Possession with Intent to Deliver Charge

Friday, February 5th, 2016

After receiving misinformation from three other lawyers, a man with a Possession with Intent to Deliver charge in Berks County came to ENM Law for help. Read more about the PWID charge here. This client had been told by the other lawyers that he needed to accept a plea offer of 5-10 years. The length of time was based on the amount of drugs involved. Attorney Ebner took over the case and quickly obtained the evidence that the police had against the client. Upon review, Attorney Ebner realized that the amount of drugs had been miscalculated and was able to receive a significantly reduced offer of 3.5-7 years. The client was satisfied with this offer and pled guilty.

If you’ve been charged with Possession with Intent to Deliver (PWID) in Berks County, you need an experienced criminal attorney who takes the time to carefully evaluate the evidence against you. Call our Reading, PA criminal lawyers at 610-372-5128 or email us at info@enmlaw.com.

ENM Law News: Client Not Guilty of Abandoning a Vehicle

Friday, February 5th, 2016

Following a guilty verdict at a summary hearing in front of a Magisterial District Judge in Berks County for the charge of Abandonment of Vehicles, Attorney Ebner filed a summary appeal on her client’s behalf. A summary appeal is a new hearing in front of a Berks County Common Pleas Judge. Summary appeals must be filed within 30 days of the guilty verdict from the MDJ. At the summary appeal hearing, Attorney Ebner argued that her client could not be guilty of the charge because the alleged victim possessed the title to the car. The Common Pleas Judge agreed and the charge was dismissed at the appeal hearing. The client avoided a summary conviction and a $500 fine.

If you’ve been found guilty of a summary offense and wish to file a summary appeal in Berks County, you need an experienced attorney to represent you. Call our lawyers today at 610-372-5128 or email us at info@enmlaw.com.

ENM Law News: Simple Assault Dismissal

Friday, February 5th, 2016

Attorney Ebner recently represented a client charged in Berks County with Simple Assault. Read more about the charge of Simple Assault here. At the Preliminary Hearing for the assault charge, Attorney Ebner was able to convince the judge that her client had acted in self-defense which led to the charge being dismissed. Due to Attorney Ebner’s representation, this client was able to avoid a potential 2 year jail sentence.

If you’ve been charged with Simple Assault in Reading, Pennsylvania, you need an experience lawyer on your side. Call our Berks County criminal attorneys at 610-372-5128 or email us at info@enmlaw.com