Posts Tagged ‘Criminal Defense Attorney Reading PA’

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.

ENM Law News: Preliminary Hearing Win

Tuesday, September 30th, 2014

Our client was charged by the Pennsylvania State Police with felony Criminal Trespass. Attorney Liz
Ebner argued the case at a preliminary hearing and won by convincing the judge that the alleged victim
was lying. This means that the charges against our client were dismissed before they even reached the
Berks County Court of Common Pleas. A felony Criminal Trespass charge is serious and can result in a
maximum sentence of 10 years of incarceration. In order to prove a felony Criminal Trespass charge,
the district attorney has to show that a defendant entered, broke into, or remained in a building,
knowing that he was not allowed to do so. There are multiple ways to defend against a charge of felony
Criminal Trespass. For example, it is a defense to the crime if the building entered was abandoned.
Further, it is a defense to the crime if the defendant reasonably believed that the owner of the property
would have allowed him to enter or remain in the building. Our criminal law attorneys can help you if
you’ve been charged with the crime of criminal trespass. Contact us today.water walker

ENM Law Attorneys Attend Berks County Law Day Celebration

Friday, May 2nd, 2014

The attorneys of Ebner, Nevins & McAllister recently attended Berks County’s annual “Law Day” celebration. The program celebrates the rule of law in the United States and this year specifically addressed the Right to Vote. During the program several local youths were honored for essays they wrote regarding the importance of voting rights. Numerous Judges and County Officials were in attendance for this important event.

Our attorneys feel that community involvement plays an important part in the role of an Attorney. Our attorneys volunteer time in a wide variety of Berks County organizations including the Daniel Boone Homestead, the Reading/ Berks YMCA, the Children’s Home of Reading, and Liberty Youth Baseball, just to name a few. Just this week our attorneys volunteered time to read to local Reading elementary school students and to pass out complimentary children’s books. ENM Law prides itself on a commitment to helping improve the Reading and Berks County community.

Assault Charges Dismissed in Reading, Pennsylvania

Friday, September 13th, 2013

Attorney Dan Nevins secured the dismissal of a Simple Assault charge for a client today in Reading Central Court. In Pennsylvania a Simple Assault charge is a misdemeanor of the second degree carrying a possible maximum sentence of 2 years incarceration and a $5,000 fine.

The attorneys of Ebner, Nevins & McAllister have represented literally thousands of individuals facing allegations of criminal acts in Berks County. ENM Law has a solid reputation of obtaining the absolute best results for clients who have found themselves in difficult situations. With an office conveniently located directly across the street from the courthouse in Reading, ENM Law is easily accessible to any individual facing criminal charges in Berks County. Ebner, Nevins & McAllister continues to offer free initial consultations in all criminal cases. Call today to schedule an appointment with a skilled and experienced criminal defense attorney.

Bench Warrant Cleared for Client in Berks County Case

Monday, March 25th, 2013

Today Attorney Dan Nevins handled a Bench Warrant that had been issued in Berks County due to an alleged failure to comply with Berks County Probation and Parole. The client contacted Attorney Nevins after learning of the Bench Warrant which would have resulted in immediate incarceration.

After several days of phone calls, restitution payments and probation office visits Attorney Nevins was able to secure a withdrawal of the warrant without having the Client locked up or even appearing before a Judge.Inflatable Air Dancer

If you are facing arrest or an outstanding bench warrant in Berks County, Pennsylvania you need an experienced criminal defense attorney at Ebner, Nevins & McAllister LLC. The attorneys of ENM Law are very well versed in local Berks County procedure to ensure the smoothest possible resolution to your bench warrant. Call today for a promptly scheduled consultation – your freedom may depend on it.

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.

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.