Posts Tagged ‘Berks County Treatment Court’

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.

DUI Second Time Offender Program in Berks County PA

Thursday, June 16th, 2011

This morning I represented a client charged with a second offense DUI in Reading, PA.  Under Pennsylvania’s DUI sentencing law an individual charged with a second DUI within ten years faces a 90 day mandatory prison sentence if the BAC at the time of the DUI was above a .16.  In Berks County a special program, known commonly as STOP, has been created for the benefit and rehabilitation of offenders.

This particular case involved a rather high BAC as well as a single vehicle accident. After consulting with my client initially several months ago, we made the determination to begin the STOP application process. Today, several months later, he formally entered a plea and was sentenced to the term of the program. Rather than a 90 day jail sentence he recieved 5 days in jail and the additional 85 days on house arrest with supervised release to follow. Additionally, he will be able to take advantage of ongoing treatment and counseling as directed.

If you or a loved one is facing a second or third DUI in Berks County, Pennsylvania please contact our office to discuss the options. I have successfully represented over a hundred people who have taken advantage of either the STOP or DUI Treatment Court program in Berks County over the last 6 years. Call now for a no cost 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.