Posts Tagged ‘Berks County Criminal Defense Attorneys Lawyers’

Client Avoids Jail Time and License Suspension in Reading PA DUI Case

Friday, November 11th, 2011

Yesterday I represented a client charged with a Highest Tier (above .16 BAC) DUI offense – 3802(c). A conviction on that offense would result in 3 days to 6 months in jail and a one year license suspension. The District Attorney’s office had denied our requests for ARD placement due to my client’s prior, though unrelated, record.

Fortunately, we had a viable defense to the BAC specific offense due to the facts of the case. Part of what the Commonwealth needs to do to win a conviction on a 3802(c) offense is to prove that the motorist’s BAC was over .16 within two hours of operating the vehicle. In this case Police encountered my client who was standing near a vehicle that had been stuck in the railroad tracks. My client subsequently submitted to field sobriety tests and eventually the blood draw which showed his BAC to be above .16. He also made some statements indicating that he was the driver of the vehicle that was stuck on the tracks. However, I knew that the Commonwealth would have trouble proving that his blood was drawn within two hours of operating the vehicle – which is required for the BAC specific offense. Accordingly, we set the case for trial.

Just before we were set to begin the Assistant District Attorney agreed to drop the 3802(c) in exchange for a plea to a 3802(a)(1) – general impairment. This reduced the impact to my client from 3 days in jail to Zero days in jail and 1 year license suspension to no license suspension.

If you are facing a Driving Under the Influence charge in Reading or Berks County, Pennsylvania you need an experienced DUI trial attorney. I have obtained favorable results for several hundred DUI clients in Berks County over the past 6 years including Not Guilty verdicts, suppression of evidence, reduction in charges or placement in an alternative sentencing program. Call our office today to schedule a free 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.

Simple Assault, Public Drunkeness, Disorderly Conduct charges dismissed in Berks County, PA

Friday, September 23rd, 2011

Today I represented a client charged with Simple Assault and related offenses for an alleged incident occurring in Berks County, PA. The case had made it to the Court of Common Pleas level and was set for disposition. My client was otherwise eligible for ARD, but we hoped for an even better result.

I filed an Omnibus Pretrial motion and the matter was set for a hearing. Our position was that the Commonwealth could not establish each of the elements of the offenses. In the end the Judge agreed to dismiss each of the charges and my client walked out of court a free man.

Not Guilty Verdict in Reading PA Harassment Case

Wednesday, September 21st, 2011

Today, I represented a client charged with Harassment in a Summary Appeal case. The allegations stem from an incident occurring in a Berks County college dorm. Both females involved were charged in the assault. My client had represented herself at the hearing before the District Judge and was found guilty. She retained my services for the summary appeal.

Through negotiation with attorneys for the Commonwealth I was able to convince the Prosecution that my client bore no responsibility for the incident. In the end the Assistant District Attorney presented no evidence at the time of the Summary Appeal, and I requested that the Judge enter a verdict of not guilty.

If you are charged in connection with an assault or fight in Berks County you need an experienced lawyer to protect your rights. Call our office today to schedule a free consultation.

Probation in Lancaster, PA Burglary Case

Monday, August 22nd, 2011

Today I was able to secure a probationary sentence for a client originally charged with burglarizing a home in Lancaster County, PA. Fortunately, I was able to negotiate a plea to the lesser offenses of Criminal Trespass and Simple Assault. The original Burglary charge carried with it an offense gravity score (OGS) of 9 due to the fact that a person was present in the home during the commission of the offense. The Criminal Trespass my client pled to has an OGS of 4. The difference between the offenses when it comes to the sentencing guidelines is enormous. Simply put, this client would have been looking at a state sentence starting at 12 to 24 months with a conviction of an OGS 9 Burglary.

In many criminal cases the best result for a client comes from a well negotiated guilty plea. Having a skilled and experienced advocate on you side can make the difference between years in state prison and going home to your family. If you or a loved one is facing serious felony charges in Berks, Lancaster, Montgomery or Schuylkill County call our offices 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.

ARD Reconsideration Granted in Berks County Drug Case

Tuesday, April 12th, 2011

This morning I was able to secure an ARD admission for a client charged with Possession of a Small Amount of Marijuana and Paraphernalia. Typically, this would not be particularly notable for a first time offender. However, my client’s background included a previous ARD for a DUI case.

Our initial application for ARD was denied by the Assistant District Attorney due to the prior ARD and prosecutorial discretion. I felt that the circumstances of the arrest and my client’s background were unique and should be taken into consideration by the Commonwealth. So, I submitted an ARD Reconsideration letter to the Berks County District Attorney outlining the reasons why my client should be given a break. He has a good job in the financial field which requires various licenses which could be jeopardized with a drug related conviction. Both offenses were non-violent and were relatively minor. Objectively speaking, the circumstances of the search and seizure were subject to a constitutional challenge. Fortunately, the District Attorney took the various points into account and approved admission into the program.

The end result is that my client can earn a dismissal of the charges so long as he stays out of trouble for 6 months, completes community service and pays some fines and costs. A great outcome for someone facing a drug related conviction which would lead to internation travel restrictions and possible loss of professional certifiactions and licenses, not to mention suspension of his driver’s license.

It’s possible, though rare, to gain admission to the ARD program in Berks County for a second offense. The lawyers at Ebner, Nevins & McAllister have experience at successfully navigating these waters. If you have a criminal case in Berks County, PA you need skilled legal representation. Call our offices to schedule a free consultation.

Client granted RRRI Eligibility Waiver – Minimum Stentence Reduced by 7 1/2 Months

Thursday, April 7th, 2011

Today, I represented a client In Berks County Court on Burglary, Conspiracy and Theft charges. Client’s family came to our firm over a year after charges had been filed and as Client continued to languish in Berks County Prison. The plea offer obtained by prior counsel had been for 3 to 6 years in state prison – a standard offer based on client’s prior record and the sentencing guidelines for the top charge. However, it was my hope to bargain for something more favorable for my client.

This young man had a non-violent background and his legal issues stemmed directly from a history of substance abuse. He clearly needs some help so that he does not reoffend once he is eventually released. With this in mind, I began plea negotiations with the Assistant District Attorney. He soon amended the charges and reduced the minimum to 2 1/2 years, although I hoped to do even better.

The Pennsylvania Department of Corrections has a program for non-violent offenders known as RRRI (Recidivism Risk Reduction Incentive) or “Triple R-I” program. The program consists of intensive treatment and rehabilitation including a large component of drug and alcohol treatment. By participating in the program an offender can reduce his minimum sentence by either 3/4 or 5/6 depending on the length of sentence. Based on my client’s background this is something he sorely needed. Unfortunately, he was statutorily ineligible due to a 7 year old Simple Assault conviction.

Through continued negotiation I was eventually able to convince the ADA to waive the eligibility requirements. The Judge agreed as well, and the client was made eligible for the RRRI program. This functions to reduce his RRRI minimum from 30 months down to 22 1/2 months and also give him the Drug and Alcohol treatment that he greatly needs and desires. With 14 months of credit time my client has a little over 8 months until he hits his minimum. Ultimately, it will be up to my client to do well on the program and maintain sobriety. Hopefully, this negotiated sentence will give him the opportunity to do so.

If you or a loved one is facing a lengthy state prison sentence please contact our office to discuss the options. You may be eligible for an alternative program such as RRRI, State Intermediate Punishment, County Intermediate Punishment, Boot Camp, Drug Treatment Court, DUI Treatment Court, Berks County’s Mental Health Treatment Court or Veteran’s Court. Our attorneys are skilled in negotiating alternative sentences and help you avoid lengthy state prison sentences. Please call our Reading, PA law office to schedule 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.

Pulled over for a DUI in Berks County?

Wednesday, March 23rd, 2011

Unfortunately, every night a motorist in Berks County PA gets stopped on suspicion of Drunk Driving.  The stop may occur at a DUI checkpoint, after a minor traffic violation or perhaps a motor vehicle accident.  The officer will notice the DUI indicators – blood shoot eyes, slurred speech, odor of alcohol and ask the motorist to step out of the vehicle.  The driver will then be subjected to a series of field sobriety tests – the finger to nose test, one legged stand and walk and turn.  A preliminary breath test is done and the driver finds himself in the back of a patrol car on the way to the DUI center to have his blood drawn.  Later, he is told to call a friend to pick him up and he’s sent on his way.

The next day the driver is going to start to wonder what’s going to happen.  Am I going to be charged with a DUI?  Am I going to jail?  Am I going to lose my license?  What about my car insurance?  It’s important to contact an experienced Berks County DUI attorney as soon as possible to get the answers to these and other questions.  The attorneys at Ebner, Nevins and McAllister have successfully handled thousands of Berks County DUI and traffic citation cases.  We work closely with our clients to ensure that they are fully engaged in the process while suffering the absolute minimum of adverse impact.  If you or a loved one has been pulled over on suspicion of Drunk Driving in Berks County, PA you should not delay:  Call our office at once for a free consultation.