Posts Tagged ‘plea negotiation berks county pa’

Client’s Vehicle Returned Following Police Seizure

Tuesday, February 7th, 2012

I recently represented a former Penn State Berks student charged with felony narcotics offenses. A large amount of marijuana was found in the trunk of the vehicle he was driving and both the drugs and the vehicle were seized by the police. Fortunately, I was able to keep the young man out of prison and secured him a probationary sentence.

The Commonwealth, however, retained possession of the vehicle and was moving toward forfeiture. The fact of the matter, however, was that my client’s mother was the owner and primary operator of the vehicle – an innocent owner. My position, therefore, was that the vehicle should not be subject to forfeiture as a conduit to commit drug sales and instead be returned to the owner.
In the end, my client’s mother got her vehicle back.

The automobile, as it turned out, belonged to the young man’s mother.

If you are seeking the return of property seized by police in Reading or Berks County, PA you should seek counsel to determine your options. You may be entitled to all or a portion of the money or property taken from you in connection with a criminal case. Call our office today for a free consultation.

Client Avoids 60 day Mandatory Jail Sentence in Suspended License Case

Wednesday, November 2nd, 2011

Today I represented a client charged with violating section 1543(b) of the PA Vehicle Code – Driving Under a Suspended License – DUI Related. The sentence is strict for a conviction for such an offense: 60 days mandatory in jail, and the possibility of up to 90 days at the discretion of the Judge. Additionally, a Driving Under Suspended License (DUS) citation carries a 1 year License Suspension from PENNDOT.

In this particular case I was able to negotiate a reduction in the charge down to the lesser offense of a 1543(a) – non-DUI related. This allowed my client to avoid at least 60 days in Berks County Prison.

If you are facing a DUS/DUI charge or other traffic citation or driver’s license issue in Berks County or Reading, PA you need experienced legal representation. It is not advisable to attempt to represent yourself in such matters. Our attorneys represent clients throughout southeaster Pennsylvania on all manners of vehicle code violations. Call our office today to schedule a free consultation.

Client Saved From 6 Month Prison Sentence Through Intermediate Punishment

Thursday, October 20th, 2011

Today I represented a client charged with felony Fleeing and Eluding Law Enforcement for an incident occurring in Reading, Pennsylvania. It was alleged that he led police on a high speed chase throughout the City of Reading while committing about a dozen vehicle code violations before crashing his vehicle into a city rowhome. Based on sentencing guidelines he was looking at a sentence starting at a minimum of 6 to 16 months in prison if convicted.

Fortunately, I was able to get my client accepted into the Berks County Intermediate Punishment Program. This program is available for certain offenders who would otherwise be facing a county sentence in Berks County Prison. Instead of a jail sentence, an approved candidate is placed on an Electronic Monitor and given house arrest and a period of probation. Typically, one is also permitted to come and go from work and any other necessary appointments. Clearly, a preferred alternative to incarceration. In my client’s case he avoided a county sentence of 6 to 23 months plus probation and instead was placed on house arrest for a period of 6 months plus probation.

There are several alternative sentencing programs available in Berks County. Even if you are told that you are facing a long jail sentence that may not necessarily be the case. You may be eligible for ARD, County Intermediate Punishment, State Intermediate Punishment, RRRI, or one of the Treatment Court Programs. The attorneys at Ebner, Nevins & McAllister are well versed in sentencing alternatives in Berks County. Call us for a free consultation to discuss special sentencing programs in Reading and Berks County, PA.

Not Guilty Verdict in Reading PA Harassment Case

Wednesday, September 21st, 2011

Today, I represented a client charged with Harassment in a Summary Appeal case. The allegations stem from an incident occurring in a Berks County college dorm. Both females involved were charged in the assault. My client had represented herself at the hearing before the District Judge and was found guilty. She retained my services for the summary appeal.

Through negotiation with attorneys for the Commonwealth I was able to convince the Prosecution that my client bore no responsibility for the incident. In the end the Assistant District Attorney presented no evidence at the time of the Summary Appeal, and I requested that the Judge enter a verdict of not guilty.

If you are charged in connection with an assault or fight in Berks County you need an experienced lawyer to protect your rights. Call our office today to schedule a free consultation.

Client saved from 60 day mandatory jail sentence in Berks County Driving Under Suspension case

Monday, September 12th, 2011

Last week I represented a client charged with a violation of section 1543(b) of the vehicle code – Driving Under Suspension/ DUI Related. He had previously been found guilty of this charge by a Berks County District Judge where he was represented by a non-Berks County attorney. The Judge had sentenced him to the mandatory minimum 60 day jail term as laid out in the vehicle code. The Judge set a date for him to report to Berks County Prison.

The motorist contacted our office and we immediately filed a Summary Appeal in the Berks County Court of Common Pleas. The imposition of sentence was then delayed while we prepared and awaited our date in Common Pleas. As it turned out our client’s prior counsel made several critical errors in the preparation of the case. Significantly, he failed to communicate with or enter into negotiations with the State Trooper.

At the time of the Summary Appeal hearing we were facing an uphill battle. However, I was able to negotiate with the trooper as well as the Assistant District Attorney. By presenting our client in the most favorable light and outlining various mitigating factors I was able to convince the Commonwealth to reduce the charges. In the end my client plead guilty to the reduced charge of 1543(a) and received no jail time. While he does still face a license suspension, he will not be taken from his family for two months.

Our office regularly represents motorists facing traffic offenses in Berks County and throughout the region. If you have recieved a citation or ticket or may be facing jail time for driving on a suspended license you need to know your rights and your options. Call our office today for a free consultation.

No Points on CDL Driver’s License in PA Turnpike Speeding case

Wednesday, August 17th, 2011

Today I represented a CDL driver who had been clocked at 17 mph over the speed limit in a work zone in on the Pennsylvania Turnpike in Berks County. Under Title 75, the Pennsylvania vehicle code, he could have faced an automatic 15 day suspension based on the work zone violation.

In the end the trooper agreed to reduce the citation to 5 mph over, which is a zero point offense. I was able to cite my client’s clean driver’s history and a series of other mitigating factors to warrant the break that I was asking for.

If you are a CDL driver or Pennsylvania motorist charged with a traffic violation in Berks County, PA you should seek legal counsel for your case. I have successfully represented hundreds of Pennsylvania drivers charged with violations of the vehicle code ranging from speeding tickets to Homicide by DUI. Your operating privilege may be at stake as a result of your traffic citation. You need an experienced Berks County traffic attorney to advocate for your interests. Call my office today for a free consultation.

Client Avoids 6 Month License Suspension in Racing on Highways Case

Thursday, June 2nd, 2011

Today I (attorney Dan Nevins) represented a client charged with Racing on Highways a violation of Section 3367 of the Pennsylvania Vehicle Code for an incident occurring on the Pennsylvania Turnpike. This particular charge carries with it an automatic 6 month suspension of operating privileges if convicted. In addition, he was charged with a violation of section 3353 of the vehicle code – Prohibitions in Specified Places. The allegations were that the motorist was stopping dead on the turnpike and then basically drag racing with another vehicle or vehicles. Based on the specific circumstances and in light of the potential license suspension my client elected to plead not guilty and requested a hearing.
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Prior to the hearing I was able to discuss the matter with the State Trooper who issued the citation. Fortunately for my client, I was able to negotiate a reduction in the charges. In the end rather than facing an automatic 6 month suspension my client received 3 points on his license and a fine of a few hundred dollars total.

If you have received a traffic citation or face a driver’s license suspension in Berks County or Southeastern Pennsylvania you should consult an experienced Traffic Attorney. The lawyers at Ebner, Nevins & McAllister know how to fight your speeding ticket or vehicle code violation and have a proven track record of favorable results. Call us today for a free consultation.

Underage Drinking Citation negotiated down to Disorderly Conduct in Berks County Summary Appeal

Wednesday, May 18th, 2011

Today I represented a Kutztown University student charged with violating 18 Pa.CSA Section 6308 – the Underage Drining statute. The penalty for such an offense includes fines and a 6 month driver’s license suspension. Additionally, many employers and professional licensing boards frown upon alcohol related convictions. In this particular case my client had represented himself at the District Judge level and had been found guilty despite the apparent weaknesses in the Commonwealth’s case.bouncy castle canada

Wisely, he decided to appeal and seek Counsel in his case before the Berks County Court of Common Pleas. I was able to negotiate the matter with the Assistant District Attorney assigned to the case. Thankfully, we came to a resolution that allowed my client to keep his driver’s license and avoid the adverse employment effects of an alcohol related conviction.uk inflatable slides

Our office frequently represents individuals charged with Underage Drinking and other Summary Offense and Traffic tickets in Berks County courts. When your driver’s license is at stake it is crucial that you retain an experienced and knowledgeable advocate. Our office offers free consultations for your criminal, non-traffic or traffic citation case. Call now to arrange an appointment 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.

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.