Posts Tagged ‘Berks County Lawyers’

Simple Assault & False Imprisonment Charges Dismissed

Tuesday, January 28th, 2014

Attorney Ryan W. McAllister recently represented a Berks County man who was charged with several misdemeanor criminal offenses, most notably Simple Assault, 18 Pa.C.S.A. 2701(a)(1), and False Imprisonment, 18 Pa.C.S.A. 2903(a). Our client was a father, hard-working member of the community, who had no prior criminal record. He was extremely distraught over the fact that these charges were filed against him, and he was very worried about how it could impact his job and ability to earn a living.

Attorney McAllister represented our client at his preliminary hearing before the local district justice. As the hearing was about to start, the Commonwealth informed the Judge that they were missing a key witness. The Commonwealth then requested that the Judge grant a “continuance” to allow more time to prepare the case. Attorney McAllister, however, argued that the entire case should be thrown based on several factors. In the end, the Judge sided with Attorney McAllister, and all charges against our client were dismissed.

Attorney McAllister is now is discussions with our client regarding the expungement process, which would enable any record of the arrest, etc., to be destroyed. By the time everything is complete, there will be no official trace of this unfortunate incident which could have had devastating affects for our client.

If you or someone you know is charged with a criminal offense in Berks County or Reading, Pennsylvania, please call us right away at 610-372-5128. Our secretary will be happy to setup a no-cost consultation with one of our experienced and dedicated attorneys. Our lawyers know this can be a very stressful time, but they are here to assist you and reassure you throughout the process.

ARD for Firearms Charge

Wednesday, July 13th, 2011

I (Attorney Ryan W. McAllister) recently represented a young man who was charged with firearms not to be carried without a license, 18 Pa.C.S.A. 6106.  This charge was initially graded by the police as a 3rd degree felony.  After reviewing the evidence and the law, however, I was quickly able to determine that the charge should actually be graded as a 1st degree misdemeanor, a less serious grading.  After a discussion with the assistant district attorney assigned to handle the case, the charge was changed to reflect the less serious grading.

As for defending the case itself, my client was only 21 years old and had no prior criminal record.  He was very interested in pursuing the ARD Program, which is a program for first time offenders that allows a defendant to have his record expunged following completion of the program.  I explained to my client that it can be difficult to get ARD for a cases involving firearms, but, I believed, we should put forth every effort to get him admitted to the program.

And, in fact, the initial application to the ARD Program was “denied” by the assistant district attorney assigned to the case.  I had to make my arguments to the “head” District Attorney.  I explained the facts of the case, specifically stating the my client did not make any threats with the firearm.  Also, I explained that my client was fully cooperative with the police throughout the investigation.  Finally, I was also able to subpoena records from the store where my client bought the firearm.  Although this had no bearing on the legality of the case itself, I used this evidence to show the District Attorney that my client had obtained the firearm through proper procedures.

In the end, my client was approved for the ARD Program.  At the start of the case, he was looking at a felony conviction on his record for the rest of his life.  By the time the case was over, however, I was able to get him the opportunity to earn a full dismissal and expungement of the case.  He is currently doing very well on ARD Supervision, and I look forward to getting his expungement order in the mail a few months down the road.

If you have been charged with a felony or misdemeanor in Berks County or Reading, Pennsylvania, please contact Ebner, Nevins & McAllister, LLC, at 610-372-5128 to setup a free consultation.

Client Not Guilty on Driving Under Suspension Citation

Friday, February 11th, 2011

Last week, I (Attorney Ryan McAllister) represented a client charged with 75 Pa.C.S.A. 1543(a), driving while operating privilege is suspended or revoked, and 75 Pa.C.S.A. 3112(a)(3)(ii), traffic control signals.  My client was facing a one-year suspension of her driving privileges if she was convicted of 75 Pa.C.S.A. 1543(a), as well as three (3) points on her driving record if she was convicted of 75 Pa.C.S.A. 3112(a)(3)(ii).  My client works full-time and has a significant commute to her job; therefore, she could not afford any convictions that would negatively impact her driving privileges.

After being retained by my client, I ordered a copy of her full-driving record from PennDOT.  Upon examining her driving record, it was apparent to me that the reason for my client being charged with “driving while operating privilege is suspended or revoked” was primarily due to a prior paperwork misunderstanding between PennDOT and my client.  It seems that my client initially had her license suspended by PennDOT due to a previous conviction for a traffic citation.  My client filed a pro se appeal in that case, which temporarily stayed the suspension of her driving privileges for a period of six (6) months.  However, under current Pennsylvania state law, PennDOT re-instated the suspension of my client’s driving privileges after the six (6) months had gone by, even though my client’s appeal was still pending.  It was clear that my client was not aware her driving privileges were supsended

Therefore, on the day of the trial, I presented the complicated driving history to the officer who had issued the citations to my client.  After presenting the situation to the Judge, I was able to secure a not guilty verdict on the citation for 75 Pa.C.S.A. 1543(a), which saved my client from an additional one-year suspension of her driving privileges.  Also, the officer was willing to amend the remaining citation, 75 Pa.C.S.A. 3112(a)(3(ii), to 75 Pa.C.S.A. 3111(a), traffic control signals, which carries zero (0) points.

Initially, my client was facing a one-year suspension of her driving privileges and three (3) points on her driving record, not to mention nearly a thousand dollars in mandatory fines and court costs.  In the end, however, my client only convicted of one (1) minor traffic violation and sentenced to pay fines and costs totaling $117.50.  She received no license suspension and no points on her driving record.

If you have a traffic case in Berks County, Pennsylvania, or Reading, Pennsylvania, please contact the office at 610-372-5128 to setup a free consultation.  I (Attorney Ryan McAllister) will be happy to meet with you and discuss possible defenses to your case.