Posts Tagged ‘criminal law lawyer Reading PA’

ENM Law News: Indecent Exposure charge dismissed following bench trial

Monday, July 10th, 2017

What do you do if you’ve been charged with a sex offense in Reading, PA that you didn’t commit? You need to hire an experienced criminal law attorney as quickly as possible. That’s exactly what a recent client did when he hired Attorney Nevins to represent him for an indecent exposure charge in Berks County.

This client was falsely accused of exposing himself to a 15-year-old girl when she was walking to school. The victim gave a physical description of the culprit which included that he had a beard. Cases like this result in great public outcry and the police are under pressure to arrest the culprit immediately even when there is questionable evidence. In this case, there was surveillance footage of the victim and the culprit prior to actual exposure, but the footage was not clear and made identification difficult. Police then looked at local Megan’s Law registrants (prior sex offenders) and found our client. No other suspects were considered. Police placed our client’s picture in a photo lineup and the victim identified him during her follow-up interview. Our client was arrested and was unable to pay bond to be released from custody because of a parole detainer lodged against him for a prior conviction.

Our client needed Attorney Nevins to quickly prove to the Court that he had been falsely accused. Attorney Nevins requested an expedited bench trial (trial heard by a judge rather than a jury) and the Court complied. Attorney Nevins presented an alibi defense which relied on the testimony of our client’s cousin. The cousin testified that she and our client were texting each other about transportation to work at the same time that the victim said the crime occurred. Further, the cousin testified about the clothes that our client was wearing when she picked him up that morning and testified that our client was clean-shaven. This physical description did not match the description given by the victim.

After hearing all of the evidence, the Judge found our client “not guilty.” This case shows the importance of investigations as well as the unreliability of eyewitness testimony. Thanks to the hard work of Attorney Nevins, a knowledgeable criminal defense attorney in Reading, PA, this client is no longer facing charges for a crime that he did not commit.

If you’ve been charged with a criminal offense in Berks County, contact our criminal defense attorneys today at 610-372-5128 or email us at info@enmlaw.com.

Read an article about this case in the Reading Eagle by clicking here.

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.