Posts Tagged ‘criminal trial attorney Berks County’

ENM Law News: “Not guilty” verdict in Homicide trial

Wednesday, December 27th, 2017

A criminal case can’t get much more serious than a murder charge and not all attorneys are capable of handling this type of case. However, when Attorney Nevins was given the responsibility of representing a client accused of criminal homicide in Reading, PA, he knew that he was up to the challenge.

Our client was charged with fatally shooting a man during the early morning hours of June 4, 2016. Video from the incident showed that the decedent was the initial aggressor and that our client backed away. The decedent went for his waistband, but came away with nothing. At the same time, our client drew his legally possessed weapon and pointed it as the decedent advanced seven steps towards our client. Our client fired one shot. After interviewing our client, the police reviewed surveillance footage and because there was a discrepancy between our client’s report and the video, the police filed a homicide charge. Because of the nature of the charge, our client was denied bail pending trial.

After consultation with his client, Attorney Nevins decided that the argument at trial would be one of justification: that our client was justified in using deadly force in defense of himself. In preparation for trial, Attorney Nevins filed a motion in front of the judge asking that he be allowed to present evidence of the decedent’s gang affiliation as well as history as a domestic abuser. This type of evidence is permitted at trial only under narrow circumstances. In a major win for the defense, the judge granted Attorney Nevins’ motion and this important evidence was heard by the jury. In addition, Attorney Nevins was permitted to present testimony of our client’s former service in the Marines. Ultimately, Attorney Nevins was able to convince the jury that our client acted reasonably in defending himself with deadly force. The jury found our client “not guilty” and he was released after spending almost a 1 ½ years in Berks County Prison while awaiting his day in court.

While you may not need help with a homicide charge, you want to be represented by a Reading, PA criminal law attorney who knows how to represent a client against the most serious of charges. If you’ve been charged with a crime in Berks County, contact our knowledgeable criminal attorneys at 610-372-5128 or info@enmlaw.com.

ENM Law News: “Not guilty” verdict in drug possession case

Thursday, February 23rd, 2017

A recent client came to ENM Law when he was facing the possibility of a lengthy prison sentence. This client was on parole for murder when he was charged with simple drug possession. While a possession charge usually only carries a probationary sentence, this client was looking at a state sentence for the new charge as well as a state sentence for violating his parole with a new conviction. In consultation with Attorney Nevins, this client decided to take his case to trial and elected to have the case heard by a judge in a bench trial, rather than by a jury.

The client was a passenger in a vehicle operated by a woman whom he had paid to give him a ride to a friend’s house. The vehicle was pulled over for suspected DUI. The officer who made the stop eventually searched the vehicle and found PCP, cocaine and marijuana in the passenger door compartment and underneath the passenger seat. The driver of the vehicle said that the drugs weren’t hers and that they must belong to our client because she saw him smoking what she believed to be PCP-laced cigarettes. Based on the statements from the driver, our client was charged with possessing those drugs.

Because the drugs were not found in our client’s actual possession, the prosecution had to proceed under a theory called construction possession. Put simply, a person can be charged with constructive possession of a drug if they have the ability and intent to control it, even if there is not any actual/physical possession.

Attorney Nevins was able to attack the credibility of the driver by showing that she was charged with driving under the influence of PCP and marijuana on that specific occasion, had been charged with driving under the influence on two prior occasions, and was currently on probation for committing a theft crime. Attorney Nevins was further able to show that our client did not show any signs of being under the influence of drugs and that the officer did not see any movements by our client which would leave the officer to believe that the client was hiding drugs after the vehicle was stopped.

The judge found our client “not guilty” and stated that she could not find the driver of the vehicle credible and there was not sufficient evidence to convict our client without the driver’s statements.

Through his hard work and diligent representation, Attorney Nevins was able to save this client from serving a significant jail sentence.

If you’ve been charged with a drug offense in Reading, PA, contact our experienced criminal law attorneys at 610-372-5128 or info@enmlaw.com.