Archive for October, 2016

ENM Law News: Recent criminal cases

Wednesday, October 19th, 2016

Do you need an attorney for a criminal charge in Berks County? The answer is almost always “Yes.” But you shouldn’t choose just any attorney that you find online. You need an experienced criminal attorney who knows the best way to handle criminal cases in Reading, PA. We are those attorneys. Here are details on some of our recent criminal cases.
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A recent client was charged with one misdemeanor count of theft in Berks County for stealing from his employer. Read more about theft offenses here. A conviction for theft can have longstanding employment consequences so this client came to Attorney Ebner for help. The client was able to pay the employer back in full for the money that was taken so Attorney Ebner advocated for a Rule 546 dismissal of the charge. PA Rule 546 allows for the dismissal of a summary or misdemeanor charge under the following circumstances:

- The public interest will not be adversely affected
- The district attorney or affiant consents to the dismissal
- Satisfaction has been made to the aggrieved party (restitution etc. has been paid)
- There is an agreement as to who will pay costs

In this case, the Magisterial District Judge agreed that all of the above conditions had been met and dismissed the theft charge with no further penalty for the client. Thanks to the assistance of Attorney Ebner, this client avoided significant additional fines and costs which would have resulted from a guilty plea or ARD outcome and avoided a potentially damaging criminal record.

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A client came to our office looking for representation for a Berks County traffic-related criminal charge. This client had been accused of allowing her brother to drive her vehicle, knowing that he had a DUI-related suspended license. She was facing 60 days of incarceration, a $500 fine and a license suspension. Our client insisted that her brother had never been charged with a DUI. Our attorneys were able to present the brother’s driving record and show that our client was telling the truth. All charges against her were dropped.

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The following case highlights the importance of having an attorney to represent you at a preliminary hearing. A client came to our Reading, PA office after being charged with robbing her tenant. The alleged victim reported to the police that his landlord (our client) and her friends came to his room and stole money from a sock. The police filed felony Robbery charges against our client. Robbery is a serious charge and a conviction can result in a lengthy period of incarceration. This case was scheduled for a preliminary hearing and the client initially appeared without an attorney. The alleged victim failed to appear multiple times. Despite the absence of their witness, the District Attorney’s office tried to convince the client to waive her preliminary hearing which would have conceded that the Commonwealth could prove a prima facie case and moved the case to the Court of Common Pleas. Instead of following the DA’s suggestion, this client came to our office and hired Attorney Ebner who was able to convince the Berks County Magisterial District Judge to dismiss the Robbery charge upon the alleged victim’s 5th failure to appear.

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A husband and wife came to our office looking for representation on their Berks County DUI-related criminal charges. The husband was charged with 1543(b) for driving with a DUI-suspended license and the wife was charged criminally for allowing him to drive her car. Both were facing a mandatory 60 days of incarceration and $500 fines. Attorney Ebner took the cases and spoke to the charging police officer on their behalf. For the husband, Attorney Ebner was able to negotiate a plea to the lesser offense of 1501 – Driver’s Required to be Licensed which resulted in a $25 fine, no jail time and no additional license suspension. The wife’s sentence was also reduced to match her husband’s.

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If you’ve been charged with a crime in Berks County, call our experienced criminal lawyers at 610-372-5128 or email us at info@enmlaw.com.