Posts Tagged ‘Berks County Attorneys Lawyers’

Gun and Drug Charges dismissed at Preliminary Hearing in Reading, PA

Monday, January 23rd, 2012

Last Friday Attorney Liz Ebner won a dismissal of a felony firearm charge as well as multiple drug counts at a Preliminary Hearing in Reading, Pennsylvania. Her client had initially been charged with Persons not to Possess a Firearm, a serious offense which would also have led to a 5 year mandatory prison sentence in conjunction with the Drug Delivery charges. After a contested hearing the District Judge ruled that the Commonwealth failed to meet its burden and dismissed the gun charge as well as several of the narcotics offenses. Liz’s hard work and advocacy on Friday saved her client from what surely would have been a lengthy state prison sentence.

Mandatory sentencing laws in Pennsylvania are strict, especially when it comes to the Gun/ Drug mandatory and other school zone or weight mandatories. If you are charged with a Berks County narcotics offense and/or firearms offense you need an experienced advocate. Call our Reading, Pennsylvania law office today for a no cost consultation.

Client Saved From 6 Month Prison Sentence Through Intermediate Punishment

Thursday, October 20th, 2011

Today I represented a client charged with felony Fleeing and Eluding Law Enforcement for an incident occurring in Reading, Pennsylvania. It was alleged that he led police on a high speed chase throughout the City of Reading while committing about a dozen vehicle code violations before crashing his vehicle into a city rowhome. Based on sentencing guidelines he was looking at a sentence starting at a minimum of 6 to 16 months in prison if convicted.

Fortunately, I was able to get my client accepted into the Berks County Intermediate Punishment Program. This program is available for certain offenders who would otherwise be facing a county sentence in Berks County Prison. Instead of a jail sentence, an approved candidate is placed on an Electronic Monitor and given house arrest and a period of probation. Typically, one is also permitted to come and go from work and any other necessary appointments. Clearly, a preferred alternative to incarceration. In my client’s case he avoided a county sentence of 6 to 23 months plus probation and instead was placed on house arrest for a period of 6 months plus probation.

There are several alternative sentencing programs available in Berks County. Even if you are told that you are facing a long jail sentence that may not necessarily be the case. You may be eligible for ARD, County Intermediate Punishment, State Intermediate Punishment, RRRI, or one of the Treatment Court Programs. The attorneys at Ebner, Nevins & McAllister are well versed in sentencing alternatives in Berks County. Call us for a free consultation to discuss special sentencing programs in Reading and Berks County, PA.

Client saved from 60 day mandatory jail sentence in Berks County Driving Under Suspension case

Monday, September 12th, 2011

Last week I represented a client charged with a violation of section 1543(b) of the vehicle code – Driving Under Suspension/ DUI Related. He had previously been found guilty of this charge by a Berks County District Judge where he was represented by a non-Berks County attorney. The Judge had sentenced him to the mandatory minimum 60 day jail term as laid out in the vehicle code. The Judge set a date for him to report to Berks County Prison.

The motorist contacted our office and we immediately filed a Summary Appeal in the Berks County Court of Common Pleas. The imposition of sentence was then delayed while we prepared and awaited our date in Common Pleas. As it turned out our client’s prior counsel made several critical errors in the preparation of the case. Significantly, he failed to communicate with or enter into negotiations with the State Trooper.

At the time of the Summary Appeal hearing we were facing an uphill battle. However, I was able to negotiate with the trooper as well as the Assistant District Attorney. By presenting our client in the most favorable light and outlining various mitigating factors I was able to convince the Commonwealth to reduce the charges. In the end my client plead guilty to the reduced charge of 1543(a) and received no jail time. While he does still face a license suspension, he will not be taken from his family for two months.

Our office regularly represents motorists facing traffic offenses in Berks County and throughout the region. If you have recieved a citation or ticket or may be facing jail time for driving on a suspended license you need to know your rights and your options. Call our office today for a free consultation.

Not Guilty Verdict in Berks County Terroristic Threats Case

Friday, August 5th, 2011

We won our third Not Guilty verdict of the week today. This case involved a neighbors’ dispute which resulted in my client and his adult son being charged with Terroristic Threats, Disorderly Conduct and Harassment. The dispute took place after a chance encounter in the Home Depot parking lot in Exeter Township. The complainant alleged that my client threatened to shoot him and/ or “eradicate” him. My client and his son don’t dispute the encounter, but maintain that they committed no crime.

Myself and co-Defendant’s Counsel were able to impeach the credibility of the complainant through crimen falsi, inconsistent statements and motive. In the end the Judge found both my client and his son not guilty of all charges. This victory comes on the heals of a not guilty on a Simple Assault/ parental discipline case and my partner’s acquittal on a summary harassment case earlier this week.

If you or a loved one is looking for a skilled criminal trial attorney in Berks County, PA call our office today for a free consultation.

ARD for Simple Assualt Case in Berks County PA

Thursday, June 9th, 2011

This morning I represented a young man who was allegedly involved in a domestic altercation in Berks County PA. Fortunately, given the circumstances, I was able to secure for him an ARD disposition.
ARD (Accelerated Rehabilatative Disposition) is a special program for first time offenders. By participating in this program individuals can earn an dismissal of their criminal charges as well as an expungement of the record. Additionally, there is no admission or finding of guilt – you are simply asking the court for the opportunity to earn a dismissal of the case. Typically, you will also be asked to perform community service and perhaps participate in treatment or classes, depending on the allegations.zorb balls

Our law firm has represented hundreds of individuals in Berks County that have sought admission into the ARD program. It is important that you have an experienced attorney on your side to guide you through the application process and ultimately negotiate a favorable ARD admission on your behalf. If you or a loved one is facing a first time criminal offense in Berks County, PA please contact our office for a free initial consultation.

Client Avoids 6 Month License Suspension in Racing on Highways Case

Thursday, June 2nd, 2011

Today I (attorney Dan Nevins) represented a client charged with Racing on Highways a violation of Section 3367 of the Pennsylvania Vehicle Code for an incident occurring on the Pennsylvania Turnpike. This particular charge carries with it an automatic 6 month suspension of operating privileges if convicted. In addition, he was charged with a violation of section 3353 of the vehicle code – Prohibitions in Specified Places. The allegations were that the motorist was stopping dead on the turnpike and then basically drag racing with another vehicle or vehicles. Based on the specific circumstances and in light of the potential license suspension my client elected to plead not guilty and requested a hearing.
bouncy castles

Prior to the hearing I was able to discuss the matter with the State Trooper who issued the citation. Fortunately for my client, I was able to negotiate a reduction in the charges. In the end rather than facing an automatic 6 month suspension my client received 3 points on his license and a fine of a few hundred dollars total.

If you have received a traffic citation or face a driver’s license suspension in Berks County or Southeastern Pennsylvania you should consult an experienced Traffic Attorney. The lawyers at Ebner, Nevins & McAllister know how to fight your speeding ticket or vehicle code violation and have a proven track record of favorable results. Call us today for a free consultation.

Can I get ARD in Berks County when I am charged with two seperate cases?

Wednesday, March 30th, 2011

I recently represented a client in the Berks County Court of Common Pleas charged with two criminal cases – a DUI and a Simple Assault/ Terroristic Threats – at the same time. A 32 year old father of five with a rock solid employment history had found his life spinning out of control after discovering his spouse’s infidelity.  With a first time DUI charge he was facing a mandatory 3 day jail sentence and a one year driver’s license suspension if convicted. Additionally, his simple assault and terroristic threats case involved possession of a (legal) firearm, so under the sentencing guidelines he was looking at a county jail sentence.

We proceeded to a preliminary hearing on the Assault/ Threats case. I successfully argued for a dismissal of the terroristic threats charges and the simple assault count was held for court. Subsequently, we waived the DUI charge and applied him for ARD in that case. Both cases proceeded to Common Pleas but in front of different Judges with two different Assistant DA’s assigned. Then came some bad news – I received a plea offer of 3 to 23 months in the Assault case and a denial of ARD in the DUI case.
Through negotiation with the ADA in the Simple Assault case, I was able to secure a revised plea offer of 2 years probation. I then filed an ARD reconsideration letter with the Berks County District Attorney for the DUI case. In my letter I outlined my client’s background and the unique circumstances of his cases. I stated clearly my goal in the matters: ARD on the DUI case and 2 years concurrent probation on the Simple Assault case. Thankfully, the District Attorney agreed that this request was reasonable given the circumstances. In the end, I was able to help my client avoid jail time and a legnthy license suspension.

The answer to the question that forms the title of this post is “yes.” But only if you retain diligent and persistent counsel. We regularly obtain the most favorable results for our clients. If you or someone you love is charged with a criminal case in Berks County or throughout Central or Southeastern Pennsylvania give us a call for a free consultation.

Favorable Sentence Negotiated in Berks County Burglary Cases

Friday, March 11th, 2011

Today I represented a client on a guilty plea and sentencing in the Berks County Court of Common Pleas. The young man was charged in a string of eight separate burglaries along with multiple counts of conspiracy, theft, criminal mischief, trespass and so on. Prior to retaining counsel he had made admissions to the Police regarding his involvement. Based on this and other evidence it was quickly apparent that guilty plea negotiations would ensue. After many months of discovery and discussions with police, detectives and the assistant district attorney I was able to secure a time served county sentence followed by a period of probation.

The attorneys at Ebner, Nevins & McAllister pride ourselves on our effective trial advocacy and criminal litigation skills. We believe there is nothing better in our professional lives than hearing the words “Not Guilty.” That being said, the large majority of criminal cases in Berks County and across Pennsylvania are resolved through guilty plea negotiations. We have years of experience in obtaining favorable sentences for clients in Berks County and across southeast Pennsylvania. We know what the Judges are considering when passing a sentence and we thoroughly prepare our clients for what to expect. If you or a loved one has been charged with a crime in Berks County, PA do not hesitate to contact our office to schedule a free consultation.

Mandatory Jail Time Reduced to Court Costs & Fine

Wednesday, December 15th, 2010

I recently represented a client who was charged with the traffic offense of Driving on a DUI Suspended License, 75 Pa.C.S.A. 1543(b).  If convicted, this offense carries a mandatory sentence of 60-90 days in Berks County Prison.  Additionally, PennDOT will actually tack on an additional 1-year license suspension for anyone convicted of this offense.

Although this is not technically a valid defense under Pennsylvania State Law, my client was genuinely unaware that his license was under suspension.  He had recently changed his address, and the license suspension information from PennDOT had not caught up with him at the time he was stopped.  Also, our client was extremely polite and respectful to the police officer when he was pulled over.  In the end, this undoubtedly helped our client get an excellent result in his case.

After showing up at the hearing and discussing the case with the police officer who issued the citation, we were able to reach an agreement whereby the 1543(b) charge would be withdrawn rather than litigated in the courtroom.  Instead, my client was issued a new citation for the summary offense of “disorderly conduct”, which carries no jail time and has no additional impact on my client’s license status.  The only penalty assessed against my client was a fine in addition to the court costs.

In the end, my client was extremely happy with the outcome of his case.  If you are facing mandatory jail time as a result of a traffic offense or traffic violation in Berks County or Reading, Pennsylvania, please contact my office to set-up a free consultation.

Firearms Charges in Berks County

Tuesday, November 2nd, 2010

I recently represented a client who was charged with firearms not to be carried without a license, which is codified under 18 Pa.C.S.A. 6106(a)(2).  Although this charge is typically graded as a felony, my client was charged with a misdemeanor of the first degree since he was otherwise eligible to receive a concealed weapons permit.  Nevertheless, a misdemeanor of the first degree is still quite serious and carries a maximum punishment of 2.5 – 5 years in state prison.

After reviewing the facts of the case and discovery with my client, I decided the best course of action would be to file an omnibus pre-trial motion in an attempt to suppress the evidence against my client.  As I began to research the caselaw in more detail, it became apparent that the legal principles involved were not entirely favorable to my client.  The odds of winning the pre-trial hearing began to wane.

However, I continued to prepare for the hearing.  On the day before the pre-trial hearing was scheduled to take place, though, I contacted the assistant district attorney assigned to the case.  I discussed with him the possibility of a negotiated plea agreement in exchange for withdrawing the pre-trial suppression motion.  Although the assistant district attorney was prepared to proceed, I was able to convince him to agree to a negotiated sentence of three (3) years probation for my client.  Additionally, my client will be eligible for early termination of probation after serving only half of that time.  This was a significantly reduced sentence from the initial offer to my client.

In the end, my client was very happy with the outcome.

If you have been charged with a firearms related offense in Berks or the surrounding counties, please contact my office to setup a no-cost consultation.