Posts Tagged ‘preliminary hearing lawyer reading pa’

ENM Law News: Terorristic Threats charge dismissed at preliminary hearing

Thursday, October 19th, 2017

A client recently came to Attorney McAllister looking for help after a fight with a roommate. Our client had been charged with Terroristic Threats and his preliminary hearing was scheduled to be heard in Reading Central Court (read more about RCC here). The roommate testified that our client threatened to shoot him. The roommate admitted that he had never seen our client with a gun. While not denying the statement, Attorney McAllister argued to the magisterial district judge that it didn’t constitute a Terroristic Threat. Confused by how that can be true? Luckily, Attorney McAllister isn’t!

Pennsylvania law requires that in order for a threat to constitute a Terroristic Threat, it must be made with the intent to terrorize, or with reckless disregard that it will cause terror. Pennsylvania courts have decided that this definition does not include statements made with transitory anger (i.e., speaker didn’t intend to carry out the threat and didn’t have reason to believe that the statement would make you believe that he was going to).

In our case, Attorney McAllister argued that because our client didn’t have a gun and his roommate knew that he didn’t have a gun, there was never an intent to terrorize with the statement and no reason for the roommate to believe that he was going to follow through on the threat. The magisterial district judge dismissed the Terroristic Threats charge against our client and he was no longer facing 5 years incarceration and a $10,000 fine. If you’ve been charged with a Terroristic Threats case in Berks County, contact our knowledgeable criminal defense attorneys at 610-372-5128 or info@enmlaw.com.

ENM Law News: RCC cases dismissed

Wednesday, July 26th, 2017

If you don’t know what RCC is, read our blog explaining it here.

As mentioned in the blog, if you’ve been charged with a crime within the City of Reading, your preliminary hearing will be held in Reading Central Court (RCC). RCC can be an overwhelming place and it is important to have an attorney who knows the ins and outs of the RCC system.

Our criminal law attorneys have spent many years representing clients in RCC. Here are some details about two recent cases handled by Attorney Nevins.

Attorney Nevins recently represented a client in RCC who was charged with discharge of a firearm into an occupied structure and simple assault. The client admitted that he was holding a gun that discharged, but said that it happened accidentally. The client said that he was surprised in the stairwell of his home by his estranged wife with whom he shared the house and inadvertently fired the gun. Attorney Nevins argued to the assigned Assistant District Attorney that the statute only criminalizes shots into a building from outside that building. The ADA agreed and withdrew the felony firearm charge. The client’s estranged wife who was listed as the victim in the simple assault charge indicated that she did not want to be involved with the case so Attorney Nevins asked for the assault charge to be withdrawn as well. At the end of the day, Attorney Nevins’ client walked away with no criminal charges after facing a felony of the third degree and a misdemeanor of the 2nd degree. Between the two charges he was looking at a possible 9 years of incarceration and a $20,000 fine.

Attorney Nevins also represented a client in RCC who was charged with resisting arrest. Resisting arrest is graded as a misdemeanor of the second degree and is punishable by a maximum sentence of 2 years of incarceration and a $5,000 fine. This client was sitting on the stairs next to a barbershop that had a “no trespassing” sign. A police officer approached the client and asked for his name. The client refused to give his name so the officer told him that he was being arrested. While the officer was trying to place him in handcuffs, the client stiffened his arms and the officer said that he was resisting the arrest. Unfortunately, the client was on probation at the time of his arrest so a detainer was lodged against him to keep him in jail. The client was in custody for 2 weeks waiting for his preliminary hearing in RCC. Attorney Nevins pointed out the problems in the Commonwealth’s resisting case and the Assistant District Attorney agreed to withdraw the resisting arrest charge in exchange for the client pleading guilty to a summary charge of trespass. The client agreed and was quickly released from jail.

Your preliminary hearing in RCC is your first chance to have the charges against you dismissed. You need an experienced criminal defense attorney on your side. If you’ve been charged with a crime in Reading, PA, contact our knowledgeable attorneys at 610-372-5128 or email us at info@enmlaw.com.

Spotlight Issue: What is Reading Central Court (RCC)?

Wednesday, July 26th, 2017

You’ve been charged with a crime and now you’re scheduled for something called Reading Central Court (more commonly referred to as “RCC”). Are you wondering what that means? We can help!

In Pennsylvania, the first stop for misdemeanor and felony cases is the preliminary hearing. This hearing is held in front of a magisterial district judge. At a preliminary hearing, the Commonwealth must establish a prima facie case that a crime was committed and that the defendant was the one who committed it. This hearing is the first chance for the defendant to test the evidence offered by the Commonwealth by cross-examining the witnesses put forward. It is important for you to have an attorney present to represent you at your preliminary hearing. It is in your best interest to have a knowledgeable criminal defense attorney on your side to evaluate the evidence and make the best arguments to the judge in support of your case.

After listening to the testimony and the arguments from the attorneys, the magisterial district judge will determine whether the Commonwealth has met their burden of proof for each charge. If the burden has not been met then the charge will be dismissed. If the burden has been met then the charges will be “bound over” to the Berks County Court of Common Pleas.

In Berks County, the location for your preliminary hearing is determined by where the alleged crime was committed. Each part of the County is divided into districts and a magisterial district judge is elected to hear cases in each area. However, all of the preliminary hearings for crimes allegedly committed within the City of Reading are held in RCC. These hearings are always held on Fridays at the Berks County Courthouse. RCC can be an overwhelming place and it is helpful to have an attorney who understands how the court operates.Our criminal law attorneys have many years of experience with navigating the RCC system and their experience can only benefit you.

If you’ve been charged with a crime in the City of Reading and have been scheduled for a preliminary hearing in RCC, contact our experienced criminal law attorneys today at 610-372-5128 or email us at info@enmlaw.com.

ENM Law News: Armed robbery charge dismissed at preliminary hearing

Wednesday, May 31st, 2017

Attorney Nevins recently represented a client who was incarcerated for an armed robbery charge. Armed robbery is a felony of the first degree and is punishable by a maximum of 20 years of incarceration and a $25,000 fine. Our client denied the allegations and said that he was trying to help the alleged victim, not rob him. Attorney Nevins made plans to fight the charges at the preliminary hearing. Disinterested witnesses were found who supported our client’s version of events and Attorney Nevins made sure that they were in court for the hearing. He presented the witnesses to the police officer and Assistant District Attorney who agreed to withdraw the charges after hearing the witnesses’ credible stories. It turns out the the alleged victim had overdosed on heroin and concocted this story blaming our client in order to avoid getting in trouble with his probation officer. Our client was released from custody the same day as the hearing and faces no criminal charges as a result of this incident.

If you’ve been falsely accused of criminal charges in Reading, PA, contact our experienced and knowledgeable Berks County criminal attorneys to see what can be done to help you. Call us at 610-372-5128 or email at info@enmlaw.com.

Simple Assault Case Dismissed in Berks County District Court

Monday, April 29th, 2013

Attorney Dan Nevins secured a dismissal of criminal charges for a client charged with Simple Assault today in West Reading, Pennsylvania. The client had never faced any type of criminal allegations in the past and was clearly very concerned over the prospect of dealing with the criminal justice system. Fortunately, the case was dismissed at the preliminary hearing level.

The attorneys at Ebner, Nevins & McAllister have a proven track record of providing excellent representation to individuals charged with every type of criminal offense in Berks County, Pennsylvania. At ENM Law clients have come to expect top notch legal service at a reasonable price in Reading, PA. Call today to schedule a free initial consultation on matters such as Assault, Burglary, Robbery, Domestic Abuse, Drug Charges, Theft, DUI and more in Berks County, Pennsylvania. Protect your rights with aggressive legal representation.