Posts Tagged ‘reading pa criminal defense attorney’

Not Guilty Verdict in Reading, PA Rape Trial

Tuesday, May 17th, 2016

Attorney Dan Nevins won a not guilty verdict for a client charged with 8 Felony Counts of Rape, Sexual Assault, Aggravated Indecent Assault and related offenses following a two day jury trial last week. If convicted our client faced a mandatory 25 year minimum sentence that the Commonwealth was pursing.

The case was made particularly challenging due to the introduction of 404b evidence against our client. Following an interlocutory appeal the Pennsylvania Superior Court had ruled that the Commonwealth was permitted to present evidence of a prior sexual assault that the Client admitted to committing some 16 years ago. The Superior Court cited the alleged factual similarities between the two case and opined that the incident fit under the “common scheme” and “absence of mistake” exceptions laid out by Pennsylvania Rule of Evidence 404b. In our minds this strongly prejudiced our client, but the trial court had no choice put to permit testimony by the complainant in the former case.

Fortunately, we were able to overcome this testimony by focusing not on our client’s prior bad acts, but on the veracity of the allegations in the current case. The Jury returned to deliver a full not guilty verdict following about three hours of deliberations.

Not Guilty Verdict in Summary Harassment Case

Thursday, May 3rd, 2012

Today I won a Not Guilty verdict for a client charged with the summary offense of Harassment. My client, a mental health care giver, had been accused of striking and pushing a consumer of her agency. After a finding of guilt at the District Court level we filed a summary appeal to the Court of Common Pleas for a trial de novo.

Testimony was given by 4 Commonwealth witnesses including 2 alleged eyewitnesses. Those 2 witnesses gave, what I believe to be, vastly different accounts of the incident.
In the end, the Judge found my client Not Guilty of the charge and she was free to go.

If you are facing Assault, Harassment or Terroristic Threaths charges in Berks County, PA you need skilled and effective legal representation. Call our office today for a free consultation.

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.

Felony Sexual Assault charges expunged in Berks County case

Wednesday, December 7th, 2011

I represented a client yesterday who was attempting to clear his record of serious felony charges that were withdrawn against him over 7 years ago. In 2004 an alleged incident occurred resulting in the charges of Rape, Involuntary Deviate Sexual Intercourse (IDSI), Indecent Assault and Simple Assault. At the Preliminary Hearing the client’s attorney at the time negotiated what would become the eventual plea agreement – 2 years probation for 2 misdemeanor counts. The client was pleased with this resolution and ultimately pled guilty to misdemeanor Indecent Assault and Simple Assault.

Fast forward to 2011. Client, who now resides out of state, is attempting to get a new job earning a six figure salary. The company conducts a background check and uncovers the charges from the 2004 incident including the more serious charges that were dismissed at the Preliminary Hearing.

He contacts my office and we file a Petition to Expunge the withdrawn charges. In the end we were able to get the agreement of the District Attorney’s Office and the Judge signed our proposed order. This order will be forwarded to the State Police Central Repository and others to ensure that the client’s record will no longer include the more serious charges that had been withdrawn. Though our client had never been convicted of any felony sex charges the mere fact that he had been charged was negatively impacted his life. With this expungement in hand, he will no longer face that roadblock to employment.