Posts Tagged ‘criminal defense attorney berks county’

ENM Law News: Summary Retail Theft charge dismissed

Wednesday, February 8th, 2017

A client recently came to ENM Law looking for assistance with a summary Retail Theft charge that had been filed against her. The circumstances surrounding the charge were a little bit unusual: she had been charged by private criminal complaint approximately 7 months after the offense was allegedly committed and the client had already paid restitution to the store as a result of a demand letter from the store threatening to sue her civilly for damages.

Most people are probably unaware that criminal charges can be filed by private complaint without the involvement of police. In the case of a summary offense, a private citizen may file a complaint in front of a magisterial district judge and a hearing will be scheduled. The police and District Attorney’s office are not involved in the prosecution of summary offenses filed by private complaint.

You may also be unaware that stores are able to utilize a provision which allows them to bring a civil suit for restitution in the case of retail theft. While restitution can be ordered through a criminal case, in a civil action, the store can also be paid a civil penalty in the amount of $150 in addition to the value of the items taken.

Our client was very concerned about the possibility of a conviction for Retail Theft because it can be so detrimental during an employment search. Attorney McAllister successfully argued to the Berks County Magisterial District Judge that the private complaint should be dismissed because of its untimely filing and because the client had already paid $200 to the store as requested in the demand letter. As a result of Attorney McAllister’s representation, the summary Retail Theft charge was dismissed.

ENM Law is able to assist this client further by filing to expunge the summary Retail Theft charge from her record. This means that no potential employer will be able to see that the charge was ever filed. That will be a significant benefit to this client in the future.

If you’ve been charged with summary Retail Theft in Reading, PA or want to discuss the possibility of expunging a charge that did not result in a conviction, contact our experienced criminal law attorneys today at 610-372-5128 or info@enmlaw.com.

ENM Law News: Successful Rule 600 motion

Friday, January 27th, 2017

Rule 600 of PA Criminal Procedure guarantees a criminal defendant the right to a speedy trial. Failure to bring a case to trial within the required period of time results in dismissal of the charges. Read more about Rule 600 here.

A client recently came to Attorney Nevins because of a second offense DUI charge which had been filed against him in 2013. This client moved out of the state after the charge was filed and a bench warrant was issued as a result of his failure to appear at proceedings. During the time that he was living out of state, the client was stopped twice for unrelated traffic offenses. Local police informed PA police both times that the client was in custody on the warrant, but PA declined to extradite (bring him back to PA) on each occasion.

Attorney Nevins filed a Rule 600 motion and a hearing was scheduled. Upon reviewing Attorney Nevins’ arguments, the District Attorney’s office decided not to proceed with the case and the charge was dismissed. This client avoided a mandatory 90 day jail sentence for his second offense DUI.

If an old unresolved criminal case from Reading, PA has come back to haunt you, contact our experienced criminal law attorneys at 610-372-5128 or info@enmlaw.com to see if you have grounds for Rule 600 dismissal.

Spotlight Issue: Rule 600 Motion

Friday, January 27th, 2017

What is a Rule 600 motion and how can it help your case? The title refers to Pennsylvania Criminal Procedure Rule 600 which guarantees a speedy trial to criminal defendants. Rule 600 states that a trial must commence within 365 days of one of the following actions:

1 – the date that a written complaint is filed against a defendant
2 – the date that a case is transferred from the juvenile division to the trial or criminal division
3 – the date on which a defendant’s participation in the ARD program is terminated
4 – when a trial court has ordered a new trial and no appeal has been filed, the date on which the
trial court’s order is filed
5 – when an appellate court has remanded a case for a new trial, the date on which written notice
was given to the parties that the record was remanded.

Rule 600 also has provisions to address pretrial incarceration in each of the above circumstances. The most notable time limit for pretrial incarceration is 180 days from the date that a written complaint is filed.

What is the remedy for a Rule 600 violation? If a case has not been brought to trial within 365 days then the remedy is dismissal of the charges. If a case has not been brought to trial within 180 days and the defendant is incarcerated then he may file a motion requesting that nominal bail be set. A hearing will be held on that motion.

However, determining if there has been a Rule 600 violation is rarely a straightforward matter. The only time that counts in the Rule 600 calculation is that which is caused by the Commonwealth when the Commonwealth has failed to exercise due diligence in bringing the case to trial. Any delay caused by the defendant or the court does not count towards the time limit. This includes continuances that are requested by the defendant and continuances because of the court’s schedule.

Under what circumstances has the Commonwealth failed to exercise due diligence? In general, your case will need to be analyzed by a knowledgeable criminal law attorney to determine whether there is a legitimate question of due diligence.

If you’ve been charged with a crime in Berks County and feel that you may have a Rule 600 issue, contact our Reading, PA attorneys today at 610-273-5128 or info@enmlaw.com to schedule a consultation.

ENM Law News: “Not guilty” verdict in Simple Assault case

Wednesday, June 1st, 2016

Attorney Ebner recently represented a client charged with Simple Assault and obtained a “not guilty” verdict for him at a bench trial. This client was facing a possible maximum sentence of two years of incarceration and a $5,000 fine. He was accused of swinging a hammer at the alleged victim. At trial, Attorney Ebner established that the accuser was the relative of the client’s tenant who had been evicted and was supposed to have vacated the residence on the date in question. The client testified credibly that he arrived at the residence intending to begin work on the house and found that the tenant was refusing to leave. He called the police and sat on the porch to await their arrival. The client was holding a hammer and the alleged victim tried to take it from him. A struggle ensued over the hammer and when the client let go of the hammer, the alleged victim fell down to the ground and was injured. Thanks to Attorney Ebner’s representation, the judge found this client “not guilty” of the assault charge.

If you’ve been charged with Simple Assault in Reading, PA, you need a skilled criminal defense attorney to help you get the best possible result. Call us today at 610-372-5128 or email us at info@enmlaw.com so that one of our criminal lawyers can get started on your case.

Misdemeanor Assault and Threats Charges Dismissed

Thursday, April 10th, 2014

Attorney Ryan W. McAllister recently represented a client in Berks County who was charged with numerous misdemeanor offenses, including simple assault and terroristic threats. Our client had gotten into a heated argument with his wife and adult son over some personal family issues. The police were called, and, after an investigation, our client was criminally charged. Our client, however, denied ever physically touching either his wife or his son; he did admit to having a rather loud argument…but nothing more.Geniales Aufblasbare Wasserpark

At the court hearing, Attorney McAllister was able to successfully cross-examine the commonwealth witnesses to show that no physical violence took place that evening. Additionally, Attorney McAllister took the unusual step of having his client testify before the Magisterial District Judge. Attorney McAllister was able to question his client and bring out the important facts of the case.

The Judge agreed with Attorney McAllister’s argument that this was simply a family argument that involved no criminal intent. Likewise, the was no physical violence that took place. Therefore, the Judge dismissed all of the misdemeanor charges against our client. Our client was able to walk out of the courtroom without having to worry about a jail sentence or probation supervision. He was very happy with the outcome of his case.

If you or someone you know is charged with a crime in Berks County or Reading, PA, please call us right away at 610-372-5128. One of our experienced and dedicated criminal defense attorneys will be happy to meet with you to discuss your case in more detail. We always offer free consultations in criminal cases and DUI cases.