Posts Tagged ‘Locked up in Berks County Prison’

Probation in Lancaster, PA Burglary Case

Monday, August 22nd, 2011

Today I was able to secure a probationary sentence for a client originally charged with burglarizing a home in Lancaster County, PA. Fortunately, I was able to negotiate a plea to the lesser offenses of Criminal Trespass and Simple Assault. The original Burglary charge carried with it an offense gravity score (OGS) of 9 due to the fact that a person was present in the home during the commission of the offense. The Criminal Trespass my client pled to has an OGS of 4. The difference between the offenses when it comes to the sentencing guidelines is enormous. Simply put, this client would have been looking at a state sentence starting at 12 to 24 months with a conviction of an OGS 9 Burglary.

In many criminal cases the best result for a client comes from a well negotiated guilty plea. Having a skilled and experienced advocate on you side can make the difference between years in state prison and going home to your family. If you or a loved one is facing serious felony charges in Berks, Lancaster, Montgomery or Schuylkill County call our offices today for a free consultation.

Not Guilty Verdict in Berks County Terroristic Threats Case

Friday, August 5th, 2011

We won our third Not Guilty verdict of the week today. This case involved a neighbors’ dispute which resulted in my client and his adult son being charged with Terroristic Threats, Disorderly Conduct and Harassment. The dispute took place after a chance encounter in the Home Depot parking lot in Exeter Township. The complainant alleged that my client threatened to shoot him and/ or “eradicate” him. My client and his son don’t dispute the encounter, but maintain that they committed no crime.

Myself and co-Defendant’s Counsel were able to impeach the credibility of the complainant through crimen falsi, inconsistent statements and motive. In the end the Judge found both my client and his son not guilty of all charges. This victory comes on the heals of a not guilty on a Simple Assault/ parental discipline case and my partner’s acquittal on a summary harassment case earlier this week.

If you or a loved one is looking for a skilled criminal trial attorney in Berks County, PA call our office today for a free consultation.

Reading PA Robbery Case withdrawn by District Attorney’s Office through the efforts of Attorney Liz Ebner

Friday, June 10th, 2011

Recently, Attorney Liz Ebner represented a client charged with a gun point robbery in Berks County. Obviously, this very serious allegation could lead to many years in state prison for our client. Doubting the veracity of the eyewitness testimony Attorney Ebner sought the assistance of a private investigator – retired Reading Police Detective Jeff Reichert. Mr. Reichert and Ms. Ebner were able to discover exculpatory evidence which led the District Attorney’s Office to reexamine the case.

Ultimately, Ms. Ebner was able to convince the DA’s Office that they flat out had the wrong man. Though our client spent several weeks in custody he was ultimately exonerated without even setting foot in the courtroom. This is exactly the type of aggressive defense advocacy that Ms. Ebner has built her reputation on.

If you or a loved one is facing serious charges in Berks County Pennsylvania it is crucial that you retain a skilled advocate. Call our office today for a free initial consultation.

Client granted RRRI Eligibility Waiver – Minimum Stentence Reduced by 7 1/2 Months

Thursday, April 7th, 2011

Today, I represented a client In Berks County Court on Burglary, Conspiracy and Theft charges. Client’s family came to our firm over a year after charges had been filed and as Client continued to languish in Berks County Prison. The plea offer obtained by prior counsel had been for 3 to 6 years in state prison – a standard offer based on client’s prior record and the sentencing guidelines for the top charge. However, it was my hope to bargain for something more favorable for my client.

This young man had a non-violent background and his legal issues stemmed directly from a history of substance abuse. He clearly needs some help so that he does not reoffend once he is eventually released. With this in mind, I began plea negotiations with the Assistant District Attorney. He soon amended the charges and reduced the minimum to 2 1/2 years, although I hoped to do even better.

The Pennsylvania Department of Corrections has a program for non-violent offenders known as RRRI (Recidivism Risk Reduction Incentive) or “Triple R-I” program. The program consists of intensive treatment and rehabilitation including a large component of drug and alcohol treatment. By participating in the program an offender can reduce his minimum sentence by either 3/4 or 5/6 depending on the length of sentence. Based on my client’s background this is something he sorely needed. Unfortunately, he was statutorily ineligible due to a 7 year old Simple Assault conviction.

Through continued negotiation I was eventually able to convince the ADA to waive the eligibility requirements. The Judge agreed as well, and the client was made eligible for the RRRI program. This functions to reduce his RRRI minimum from 30 months down to 22 1/2 months and also give him the Drug and Alcohol treatment that he greatly needs and desires. With 14 months of credit time my client has a little over 8 months until he hits his minimum. Ultimately, it will be up to my client to do well on the program and maintain sobriety. Hopefully, this negotiated sentence will give him the opportunity to do so.

If you or a loved one is facing a lengthy state prison sentence please contact our office to discuss the options. You may be eligible for an alternative program such as RRRI, State Intermediate Punishment, County Intermediate Punishment, Boot Camp, Drug Treatment Court, DUI Treatment Court, Berks County’s Mental Health Treatment Court or Veteran’s Court. Our attorneys are skilled in negotiating alternative sentences and help you avoid lengthy state prison sentences. Please call our Reading, PA law office to schedule a free consultation.

Favorable Sentence Negotiated in Berks County Burglary Cases

Friday, March 11th, 2011

Today I represented a client on a guilty plea and sentencing in the Berks County Court of Common Pleas. The young man was charged in a string of eight separate burglaries along with multiple counts of conspiracy, theft, criminal mischief, trespass and so on. Prior to retaining counsel he had made admissions to the Police regarding his involvement. Based on this and other evidence it was quickly apparent that guilty plea negotiations would ensue. After many months of discovery and discussions with police, detectives and the assistant district attorney I was able to secure a time served county sentence followed by a period of probation.

The attorneys at Ebner, Nevins & McAllister pride ourselves on our effective trial advocacy and criminal litigation skills. We believe there is nothing better in our professional lives than hearing the words “Not Guilty.” That being said, the large majority of criminal cases in Berks County and across Pennsylvania are resolved through guilty plea negotiations. We have years of experience in obtaining favorable sentences for clients in Berks County and across southeast Pennsylvania. We know what the Judges are considering when passing a sentence and we thoroughly prepare our clients for what to expect. If you or a loved one has been charged with a crime in Berks County, PA do not hesitate to contact our office to schedule a free consultation.

Client Released from Prison Following Parole Violation Hearing

Tuesday, February 8th, 2011

This morning I represented a Defendant in a GAGNON I (parole violation hearing) in the Berks County Adult Probation Office. She had been incarcerated in Berks County Prison for approximately 2 weeks after allegations emerged that she had violated provisions of her supervision for an earlier misdemeanor case in Berks County.

In this particular situation, the Client came to me upon learning that she had a warrant out for her arrest. After getting her affairs in order, which included drafting temporary custody documents so her mother could care for her children, I walked her over to the Berks County Probation and Parole Officer to turn her in. Two weeks later the GAG I took place and I was able to cite her cooperation in turning herself, her taking responsibility for her actions and the strong family support system she has on the outside. Fortunately, the hearing officer was persuaded to give her another chance and granted her freedom. This was particularly good news since often times, individuals facing probation or parole violations remain incarcerated for several months while waiting for a GAGNON II hearing in front of a Judge before they are released.

If you or a loved one is facing a probation or parole violation in Berks County PA please contact our office for a free consultation. The best thing you can do for yourself if you have a warrant out for your arrest is to contact a lawyer immediately. We can arrange a place and time to turn you into the proper authorities. If you know you are wanted by Probation and Parole, don’t delay – call us right away.

Incarcerated in Berks County Prison?

Friday, January 28th, 2011

The phone rings and the person on the other end is informing you that your son, daughter, friend or loved one has been locked up in Berks County prison. You don’t know if they’ve been charged with a Criminal Offense or what that offense may be. You are scared and concerned for their welfare. You don’t know what to do or where to turn.

The best possible thing you can do for your loved at that point is to retain an attorney as soon as possible.

Our law office regularly receives calls from family members of individuals who have been locked up in Berks County Prison. It is crucial that we get involved right away. We routinely visit our clients in prison, advise them of their rights and begin to devise a defense if they are facing criminal charges. The first couple of days a person is locked up are critically important to a case. Often, a police officer or detective may attempt to elicit a statement or confession from an incarcerated defendant. Without counsel, many defendants will make statements against their interests and damage their cases. At other times, an uncounseled defendant may make incriminating statements to other inmates. Those statements, too, can be used against him.

By retaining our firm to represent your friend or loved one you will ensure that their rights and interests are well protected. We will guide them through the criminal justice process and zealously advocate for the most favorable result. Call our offices to arrange for a no-cost consultation. After speaking with you we may make arrangements to visit your loved in Berks County Prison to begin their defense.