Posts Tagged ‘criminal law lawyer berks county’

ENM Law News: Indirect Criminal Contempt win

Tuesday, June 13th, 2017

A client came to our office looking for assistance with an Indirect Criminal Contempt (ICC) charge for violating a Protection from Abuse order (PFA). Attorney McAllister found out that the offer from the District Attorney’s office was for a jail sentence of 3-6 months. Attorney McAllister and the client decided to proceed with a hearing. An ICC hearing is essentially a small trial in front of a judge. The District Attorney has to prove beyond a reasonable doubt that the defendant violated the PFA by proving 4 elements:

- that the PFA was sufficiently definite, clear and specific to properly notify the defendant about what conduct was prohibited
- that the defendant knew about the PFA
- that the alleged act was volitional
- that the defendant acted with wrongful intent

The PFA plaintiff and our client both testified at the hearing and Attorney McAllister argued that the District Attorney did not prove the case beyond a reasonable doubt. He specifically argued that his client did not act with wrongful intent. The judge agreed with Attorney McAllister’s argument and dismissed the charge against our client.

If you’ve been charged with violating a PFA in Berks County, do not attend the hearing on your own. Contact our experienced criminal law attorneys in Reading, PA at 610-372-5128 or info@enmlaw.com.

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.

Berks County Drug Treatment Court

Sunday, November 1st, 2015

There has been a nationwide movement towards utilizing treatment courts instead of incarceration for drug addicts who have been charged with crimes motivated by addiction. The goal of the Berks County Drug Treatment Court is to address the underlying addiction which led to the commission of the crime. The program is split into 4 phases and takes, at a minimum, 18 months to complete. Participants must submit to drug tests, comply with treatment requirements, check-in with probation officers and attend Drug Treatment Court meetings. Participants must, in general, be Berks County residents and non-violent offenders. Typically, participants have been charged with offenses that call for sentences of state incarceration. Completion of the Berks County Drug Treatment Court program can lead to a probationary sentence instead of a jail sentence. In certain cases, completion of the Drug Treatment Court can lead to a complete dismissal of the charges. Offenders who have been charged with probation or parole violations may also be eligible for the program. The Drug Treatment Court program is very strict and mistakes can lead to the denial of an application or removal from the program. It’s important that you have a knowledgeable Berks County criminal attorney on your side to help you with the process.

Our Berks County criminal attorneys have significant experience in working with Drug Treatment Court participants. We have helped numerous clients navigate the admission process and be admitted into the program.

If you have been charged with a crime or a probation/parole violation and think that you may be eligible for the Berks County Drug Treatment Court program, contact our criminal attorneys today at 610-372-5128 or email us at info@enmlaw.com.