Posts Tagged ‘criminal defense lawyer 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.

Misdemeanor Charges Dropped at Preliminary Hearing

Wednesday, May 21st, 2014

Attorney Dan Nevins negotiated a favorable deal for a client today in Berks County preliminary hearing. Client had been charged with several misdemeanor counts including agricultural vandalism, criminal mischief and trespassing as well as underage drinking and various traffic offenses and faced the distinct possibility of a criminal record, probation and a license suspension.

Fortunately, Attorney Nevins was able to negotiate a disposition which saw the alleged victim receive full and timely monetary restitution and allowed Client to maintain a clear criminal record by pleading guilty to only a summary offense and resulted in no license suspension.

Aggravated Assault Case Dismissed in Reading, PA

Tuesday, January 21st, 2014

Attorney Dan Nevins secured a dismissal for a client charged with Felony Aggravated Assault in Reading, Pennsylvania. The client had been accused of attacking a person with a hammer following a dispute outside a Reading row home. The client, who had no prior record, was facing a long prison sentence if convicted of the allegations.

Fortunately, the facts of the case did not support the initial claims. Attorney Nevins moved for a writ of habeas corpus in the Court of Common Pleas. The Judge granted the motion and the case against the client was dismissed.

Simple Assault Charge Dismissed in Reading, PA District Court

Friday, March 8th, 2013

Attorney Dan Nevins represented a client charged with a misdemeanor simple assault charge stemming from an altercation outside of a Reading, Pennsylvania bar in January 2013. The defendant was a female who was alleged to have scratched the face of a male companion during a dispute. The alleged victim and another male reported the incident to police later and charges were filed.

The preliminary hearing was held at Reading Central Court and the alleged victim and the other male witness testified for the Commonwealth. On cross examination Attorney Nevins got the male to admit that he was intoxicated and he had actually pushed the female into her vehicle with such force that the windshield was smashed. Attorney Nevins introduced a photograph of the female’s vehicle showing the smashed windshield. Further, on cross examination, the male admitted that following this altercation he and the other male left the female lying in the parking lot before fleeing the scene.

In the end the District Judge dismissed the misdemeanor charge and instead assessed a small fine for the scratches caused.

The attorneys of Ebner, Nevins & McAllister have a proven track record of courtroom success. Whether you are facing serious felony charges or a summary offense in Reading, PA you need an experienced criminal trial attorney. Call today to schedule a free initial consultation for your Berks County criminal matter.

Plea Agreement reached in Berks County, PA Stabbing Case

Monday, June 13th, 2011

Today, I finalized a plea deal in an Aggravated Assault case where my client allegedly stabbed a man following a fracas outside a Berks County party last September. The case was originally filed as an Attempted Homicide, but I was able to negotiate for the withdrawal of that charge. In the end my client received a sentence of two to four years on the charge of Aggravated Assault as a Felony of the Second Degree. In addition, he received a total of 5 years probation in two unrelated cases.

Fortunately, I believe this reasonable sentence will allow this young man to have the oppurtunity to turn his life around.

If you or a loved one are facing serious felony allegations in Berks County, Pennsylvania you need an experienced criminal defense attorney on your side. The attorneys at Ebner, Nevins & McAllister have represented hundreds of individuals charged with the most serious criminal allegations – Homicide, Gun-point Robbery, Aggravated Assault, Sexual Assault, Home Invasion Robbery and so on. Please call our office for a free initial consultation.