Posts Tagged ‘criminal trial lawyer reading pa’

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.

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.

Not Guilty Verdict in Berks County Simple Assault Case

Tuesday, August 2nd, 2011

Today I (attorney Dan Nevins) won a not guilty verdict for a client in a Berks County simple assault case. My client was charged with assaulting her 15 year old daughter during the course of a verbal altercation that took place at my client’s home. My client did not dispute slapping or physically restraining her daughter, but did so as a form of punishment and to prevent her from leaving the residence with friends at 3am.

Section 509 of the Pennsylvania Crimes Code outlines when force may be used by parents and guardians. Certainly, a mother cannot subject a child to serious bodily injury or extreme pain. However, I don’t believe the legislature intended to criminalize a mother disciplining or physically restraining a defiant teenager.

Following a non-jury trial my client was acquitted of Simple Assault and Harassment