Posts Tagged ‘Criminal Defense Lawyers in Berks County’

Theft and Access Device Fraud charges dismissed at Preliminary Hearing

Thursday, December 15th, 2011

This morning we were able to win a dismissal of charges for a client charged with several misdemeanor offenses in Berks County, PA. She had been charged with Access Device Fraud, Theft by Unlawful Taking, Theft by Deception and Receiving Stolen Property. The allegation was that she had deposited an envelope into a bank ATM purportedly containing a $100 bill. She then subsequently withdrew $100 from the bank as her account reflected the previous $100 deposit. The allegation, however, was that the original envelope was empty.

At the time of the initial preliminary hearing I negotiated with representatives from the bank as well as the Assistant District Attorney. In the end my client agreed to give the bank the $100 in question and the Commonwealth agreed to a Dismissal Upon Satisfaction under Rule of Criminal Procedure 546.

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.

Retail Theft Charges Dismissed

Tuesday, September 6th, 2011

Last week Attorney Ryan W. McAllister successfully represented a client in a district court criminal case.  Our client first came to Ebner, Nevins & McAllister, LLC, several months ago after getting cited by a local police department for Retail Theft.  Attorney McAllister was able to guide the client through the legal process by helping him exercising his rights under the law.  In the end, the charges against our client were dismissed.

Later the same week, Attorney McAllister drafted and filed an Expungement Petition in the Berks County Court of Common Pleas so that our client would no longer have any record of his arrest / citation related to this incident.

If you or someone you know has been charged with Retail Theft in Berks County, Pennsylvania, or Reading, Pennsylvania, please contact our office to setup a no-cost consultation.

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.

Juvenile Decertification Granted in Reading PA Robbery Case

Tuesday, May 31st, 2011

Today, I (Attorney Dan Nevins) represented a 17 year old young man on allegations of armed Robbery.  Under those circumstances, it was considered a “direct file” offense.  This means that although the defendant is technically a juvenile, he was prosecuted as though he was an adult.  When I undertook representation of this client several weeks ago my immediate objective was to get his case transferred from adult court to juvenile court.  This was particularly important since he was facing the possibility of a 5 year mandatory minimum sentence if he was ultimately convicted in adult court. 

After negotiating with attorneys for the Commonwealth as well as the police prosecutor I was able to persuade them to move for a transfer of prosecution.  Today, a Berks County Judge issued an order transferring the case to Juvenile Court.  Thankfully, my youthful client will be able benifit from the treatment and rehabilitation of the juvenile system rather than suffer a legnthy state prison sentence in the adult system. 

If you or your child faces a serious criminal charge in Berks County PA call now to arrange a no-cost consultation.  We are also available to meet with defendants and juveniles who are locked up in Berks County Prison or the Berks County Youth Center.

Favorable Plea Deal Negotiated in Reading PA Drug Case

Wednesday, March 23rd, 2011

Today, I (Attorney Dan Nevins) was able to negotiate a favorable sentence for a client in a case involving two deliveries of cocaine to an undercover detective. He had been facing two mandatory minimums – one a three year weight mandatory and another two year school zone mandatory. I was able to secure a concurrent sentence of two to four years state prison with my client eligible for early parole at the expiration of 18 months under the RRRI program. In the end, given the particulars of his situation, this was the best possible result for the client and his family.
We pride ourselves on our courtroom advocacy and success in trial. However, the fact remains that most criminal court cases ultimately result in plea negotiations. So we are also very proud of our ability through the litigation process to position our clients for favorable deals. If you or a loved one is facing a criminal prosecution in Berks County PA, please call our office for a free consultation.

Getting an Expungement in Berks County

Tuesday, February 15th, 2011

I (Attorney Ryan McAllister) recently represented a client who wanted to have his arrest record expunged.  Years ago, my client was arrested, jailed, and charged with several serious felony counts, including robbery, 18 Pa.C.S.A. 3701, and burglary, 18 Pa.C.S.A. 3502(a).  This was actually a bizarre case of mistaken identity, and the district attorney’s office actually withdrew all of the charges against my client several weeks after they were initially filed.

Nevertheless, my client still had a record of this arrest, along with a long list of the serious felony charges.

As my client advanced in his career, he became increasingly worried that evidence of this arrest record could have a negative impact on his life.  Therefore, I prepared a legal Petition to Expunge my client’s criminal arrest record, which I filed in the Berks County Court of Common Pleas.  Not long thereafter, I received notice from the District Attorney’s Office that they would not oppose the granting of my Petition.  Additionally, I was able to have the Judge grant the Expungement without my client ever having to appear in Court.

I recently received notification from the Berks Count Clerk of Courts Office that the Expungement Order was filed and served on the appropriate government agencies, which will ultimately result in any evidence of this past event being erased from my client’s record.  My client no longer has to worry about this unfortunate event from his past effecting his future.

If you or someone you know has a criminal arrest record in Berks County or Reading, Pennsylvania, please contact my office to setup a consultation.  I would be happy to discuss the options for expunging a criminal arrest record.  Additionally, in most cases, I charge a reasonable flat fee, so there is no worry about excessive hourly charges adding up.

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.