Posts Tagged ‘defenses to drug charges in berks county’

Evidence Suppressed in Berks County Drug Case

Monday, January 2nd, 2012

I (attorney Daniel Nevins) recently recieved an Order granting my motion for Suppression of Evidence in a Berks County Drug Paraphernalia case. With the alleged evidence thrown out, the Commonwealth cannot attempt to continue to prosecute the case against my client.

This particular case involved evidence obtained following a valid vehicle stop for an expired registration sticker. The Judge found that the evidence used to prosecute my client inside the vehicle (a glass mason jar) was obtained by the Officer in violation of my client’s Constitutional Rights. Specifically, when the Officer requested that my client turn the jar over to him he had no reasonable suspicion that criminal activity was afoot. Consequently, the physical evidence (Commonwealth’s entire case) is thrown out and the case dropped.  

If you believe evidence in your criminal case was obtained illegally or in violation or the Pennsylvania and/or U.S. Constitution you need to consult with an attorney immediately. In many cases, a successfull motion for suppression of evidence does make the difference between going home and going upstate. Call our office today to schedule a consultation with one of our attorneys.

ARD Reconsideration Granted in Berks County Drug Case

Tuesday, April 12th, 2011

This morning I was able to secure an ARD admission for a client charged with Possession of a Small Amount of Marijuana and Paraphernalia. Typically, this would not be particularly notable for a first time offender. However, my client’s background included a previous ARD for a DUI case.

Our initial application for ARD was denied by the Assistant District Attorney due to the prior ARD and prosecutorial discretion. I felt that the circumstances of the arrest and my client’s background were unique and should be taken into consideration by the Commonwealth. So, I submitted an ARD Reconsideration letter to the Berks County District Attorney outlining the reasons why my client should be given a break. He has a good job in the financial field which requires various licenses which could be jeopardized with a drug related conviction. Both offenses were non-violent and were relatively minor. Objectively speaking, the circumstances of the search and seizure were subject to a constitutional challenge. Fortunately, the District Attorney took the various points into account and approved admission into the program.

The end result is that my client can earn a dismissal of the charges so long as he stays out of trouble for 6 months, completes community service and pays some fines and costs. A great outcome for someone facing a drug related conviction which would lead to internation travel restrictions and possible loss of professional certifiactions and licenses, not to mention suspension of his driver’s license.

It’s possible, though rare, to gain admission to the ARD program in Berks County for a second offense. The lawyers at Ebner, Nevins & McAllister have experience at successfully navigating these waters. If you have a criminal case in Berks County, PA you need skilled legal representation. Call our offices to schedule a free consultation.