Posts Tagged ‘reading pa criminal lawyer’

ENM Law News: “Not guilty” verdict in Simple Assault trial

Friday, August 19th, 2016

A recent client was facing a severe sentence for a Simple Assault charge in Reading, PA. This client was on state parole at the time of the alleged offense and was facing a guaranteed return to state prison if convicted. The complainant told police that our client came over to her house and struck and bit her. Our client said that the woman attacked him with a knife following an argument and he defended himself. After consultation with Attorney Nevins, our client decided to proceed with a trial and elected to have the case heard by a judge rather than a jury. When all of the evidence was presented before the Berks County judge by Attorney Nevins, the judge found our client “not guilty” and the charges were dismissed.

The decision to move forward with a trial in Berks County is not one that should be taken lightly. Penalties are typically much higher following a conviction at trial. If you’ve been charged with a crime, you need an experienced criminal law attorney to help you decide what action to take next. Call us today at 610-372-5128 or email us at info@enmlaw.com.

Legal Update

Friday, June 24th, 2016

The United States Supreme Court recently issued a decision in the case Utah v. Strieff that will have a big impact on the suppression of evidence found on a suspect following an illegal stop. In the Strieff case, the defendant was stopped by a police officer after leaving a house where the officer suspected drug activity was occurring. The officer then learned that the defendant had an outstanding warrant, placed the defendant under arrest and searched him. Drugs were found on the defendant. The drug evidence was suppressed by the Utah Supreme Court because the initial stop of the defendant was done without reasonable suspicion that he was involved in criminal activity. The lower court held that the illegal stop poisoned any subsequent search. However, the United States Supreme Court decided that even if the police officer had stopped the suspect without having reasonable suspicion to do so, because there was a valid arrest warrant for the defendant and no flagrant police misconduct, the search and seizure of the drugs was legal. Therefore, they overturned the ruling that the drug evidence must be suppressed.

Why does this case matter? Well, it eliminates the consequences for the police not following the rules in certain situations. Absent any police misconduct, a person with an outstanding warrant will have a difficult time suppressing evidence which was seized from them following an illegal search. However, this doesn’t mean that you don’t have a defense in your case. If you’ve been charged with a crime following a search and seizure in Reading, PA, contact our experienced Berks County criminal defense attorneys so that we can analyze the stop and search and determine the best actions for you to take. Call us today at 610-372-5128 or email us at info@enmlaw.com.

Spotlight Issue: Indirect Criminal Contempt (ICC)

Tuesday, June 21st, 2016

An Indirect Criminal Contempt charge (ICC) is a criminal charge for the violation of a civil Protection From Abuse order. An ICC is filed by the police if they believe that the defendant has not followed the terms of the PFA. The defendant’s conduct does not necessarily need to constitute a separate crime. Once an ICC charge has been filed, the defendant will be arraigned and bail will be set. The ICC hearing will be scheduled within 10 days of the charge being filed. At that hearing, the case will be heard by a Berks County Court of Common Pleas Judge and will be prosecuted by the District Attorney’s Office. The police officer who filed the ICC charge will be present as well as any witnesses to the violation (most often this is the plaintiff in the PFA action). The charge must be proven beyond a reasonable doubt, just as with any other criminal charge. An ICC conviction is not a slap on the wrist; it carries a maximum permissible sentence of 6 months of incarceration and a $1,000 fine and will remain on your criminal record. In addition to the criminal penalties, an ICC conviction can result in an extension of the original PFA order.

If you’ve been charged with violating a PFA in Berks County, it is in your best interest to be represented by a knowledgeable attorney at your PFA violation hearing. Contact our Reading, PA criminal law attorneys at 610-372-5128 or email us at info@enmlaw.com.

ENM Law News: ARD for DUI and Simple Assault Charges

Wednesday, March 23rd, 2016

A recent client came to ENM Law for help with DUI and Simple Assault charges. It is alleged that this client was found asleep at the wheel of his car in the middle of the street and scuffled with police officers when arrested. One of the officers was injured as was the client. This client’s original ARD application was denied because of his alleged conduct with police and later with doctors at the hospital and because of his alleged extreme level of intoxication. This client was facing a mandatory 72 hour jail sentence for the DUI and a maximum permissible sentence of two years of incarceration for each of the two Simple Assault charges. On behalf of her client, Attorney Ebner wrote to the District Attorney and asked him to reconsider for a variety of reasons. Ultimately, because of Attorney Ebner’s representation, this client was approved for the ARD program and has the opportunity to avoid a jail sentence and conviction.

If you’ve been charged with DUI or assault in Reading, PA, you need an experienced criminal attorney on your side. Call our DUI and criminal attorneys at 610-372-5128 or email us at info@enmlaw.com.

ENM Law News: Successful Criminal Case Outcomes in Berks County

Monday, February 29th, 2016

Our attorneys secured the return of a client’s firearms after many years of unsuccessful attempts made by other attorneys. Our client’s firearms were taken by the courts a number of years ago and he had been trying ever since to get them back. Our attorneys argued to the court that the failure to return the firearms was a violation of our client’s constitutional rights. The court agreed and ordered the weapons returned shortly thereafter.

______________________________________________________________________________

Our Berks County criminal attorneys recently negotiated a reduced sentence for a client charged with Delivery of Heroin. The client was facing the possibility of a lengthy prison sentence. Our attorneys raised the argument that there were significant problems with the handling of the police investigation which violated our client’s rights. Following the filing of that motion, our client was offered a probationary sentence.

______________________________________________________________________________

Our Berks County criminal attorneys represented a client charged with felony Stalking. Stalking is usually a misdemeanor offense, but because it is a recidivist crime, stalking becomes a felony if you have previously been convicted of the same offense. Our attorneys filed a pretrial motion and, at the pretrial hearing, argued that the victim had withheld important information relating to the stalking allegations. Our client was later offered a plea agreement for a summary citation and fine. Our client avoided a maximum permissible sentence of 7 years of incarceration and a $15,000 fine.

______________________________________________________________________________

Our Reading, PA criminal attorneys were hired to represent a decorated war veteran on a firearms charge. Our client was charged with attempting to illegally acquire a weapon by making a false written statement. PA law (18 PA.C.S. 6111(g)(4)) makes it illegal for a person to complete the application form for a background check as required to purchase a weapon from a firearms dealer if he knows that he is not lawfully permitted to possess a firearm. Our client was convinced by the firearms dealer to complete the application even though the client knew the application would be denied and without the client being told of the consequences. Months later our client was arrested and was facing a felony charge which carried a maximum permissible sentence of 7 years of incarceration and a $15,000 fine. After explaining the case and advocating for our client, our criminal defense attorneys were able to ensure that our client received a probationary sentence.

If you’ve been charged with a firearm or drug offense contact our Reading, PA criminal law attorneys at 610-372-5128 or email us at info@enmlaw.com.

ENM Law News: Forgery Charges Dismissed

Friday, February 5th, 2016

Despite the frustration over her case being drawn-out over a 2 year period, an ENM client charged with felony counts of Forgery, Theft by Deception and Receiving Stolen Property and related offenses recently got a happy ending to her case. You can read more about the crime of Forgery here. This client was the employee of a non-profit agency in Berks County and was charged for an alleged conspiracy to steal money from incompetent individuals. She was facing a maximum sentence of 78 years of incarceration. This client denied any involvement and because of the consistent pressure applied by Attorney Ebner, all charges against the client were dismissed and her arrest record was expunged.

Forgery and theft charges can have significant and damaging effects on your life. If you’ve been charged with any of these crimes, you need to have a knowledgeable criminal lawyer on your side. Call our Berks County criminal attorneys immediately at 610-372-5128 or email us at info@enmlaw.com

ENM Law News: Reduced Sentence for Possession with Intent to Deliver Charge

Friday, February 5th, 2016

After receiving misinformation from three other lawyers, a man with a Possession with Intent to Deliver charge in Berks County came to ENM Law for help. Read more about the PWID charge here. This client had been told by the other lawyers that he needed to accept a plea offer of 5-10 years. The length of time was based on the amount of drugs involved. Attorney Ebner took over the case and quickly obtained the evidence that the police had against the client. Upon review, Attorney Ebner realized that the amount of drugs had been miscalculated and was able to receive a significantly reduced offer of 3.5-7 years. The client was satisfied with this offer and pled guilty.

If you’ve been charged with Possession with Intent to Deliver (PWID) in Berks County, you need an experienced criminal attorney who takes the time to carefully evaluate the evidence against you. Call our Reading, PA criminal lawyers at 610-372-5128 or email us at info@enmlaw.com.

ENM Law News: Simple Assault Dismissal

Friday, February 5th, 2016

Attorney Ebner recently represented a client charged in Berks County with Simple Assault. Read more about the charge of Simple Assault here. At the Preliminary Hearing for the assault charge, Attorney Ebner was able to convince the judge that her client had acted in self-defense which led to the charge being dismissed. Due to Attorney Ebner’s representation, this client was able to avoid a potential 2 year jail sentence.

If you’ve been charged with Simple Assault in Reading, Pennsylvania, you need an experience lawyer on your side. Call our Berks County criminal attorneys at 610-372-5128 or email us at info@enmlaw.com

Berks County Veteran’s Court

Sunday, November 1st, 2015

If you are a veteran who has been charged with a crime and suffers from PTSD, traumatic brain injury, drug addiction or mental illness as a result of your service, you may be eligible for the Berks County Veteran’s Treatment Court. The goal of the Berks County Veteran’s Court is to provide veterans with an alternative to incarceration while working on the underlying conditions which have led to the criminal conduct. There are requirements for admission such as honorable discharge and being a combat veteran. Each case is evaluated by the Veteran’s Court team for admission. The Veteran’s Health Administration is also involved in the administration of the Berks County Veteran’s Court. The Veteran’s Court program last 12-22 months and participants move through 4 phases of treatment. Most phases require attendance at bi-weekly Veteran’s Treatment Court meetings. All phases require sobriety, drug testing, attendance at VA appointments and counseling.

There are strict admissions guidelines for Veteran’s Court and strict compliance with the program is required of participants. It’s important that you are represented by an attorney who has experience with the process. Our criminal attorneys have helped many clients gain admission to Veteran’s Court. These clients have been charged with a variety of crimes. We currently have a client in the program who has been charged with a 2nd offense DUI. This client was facing a mandatory 90 day jail sentence. Another client who is currently participating in Veteran’s Court was charged following an incident in which he showed a gun during an altercation. Yet another client and current Veteran’s Court participant was charged with impersonating a public official. All of these clients will receive treatment rather than a jail sentence if they successfully complete the program.

If you think that you may be eligible for the Berks County Veteran’s Treatment Court, contact our criminal attorneys today at 610-372-5128 or email us at info@enmlaw.com and we’ll help you start get started.

ENM Law News: Not Guilty Verdict following Bench Trial – Endangering Welfare of Children and Public Drunkenness in Berks County

Tuesday, September 29th, 2015

Attorney McAllister recently secured a “not guilty” verdict for a client charged with Endangering Welfare of Children and Public Drunkenness in Berks County. This client avoided a possible jail sentence and significant other collateral consequences.

Endangering Welfare of Children is defined as a parent or guardian who knowingly endangers the welfare of a child by violating a duty of care, protection or support. The charge is graded as a misdemeanor of the first degree which means that it is punishable by a maximum sentence of 5 years of incarceration and a $10,000 fine.

Public Drunkenness is defined as a person appearing in public manifestly under the influence of alcohol or drugs to a degree that endangers himself or other persons or property or annoys others in the vicinity . Public Drunkenness is a summary offense and is punishable by a maximum fine of $500 for the first offense or $1,000 for the second or subsequent offense.

The crime of Endangering Welfare of Children is a very serious charge that can have a lasting impact on a parent. Perhaps even more serious than a potential jail sentence, a conviction for Endangering Welfare of Children can result in the loss of custody, Children & Youth involvement and the possibility of children being removed from the defendant’s care by the county.

Attorney McAllister’s client initially applied for the Accelerated Rehabilitative Disposition program, but was denied entrance into the program (see our previous blog posting on Non-DUI ARD). Based on Attorney McAllister’s recommendation, this client decided to take the case to trial. This client waived the right to a jury trial and elected to have the case heard by the judge during a bench trial. The decision to elect a bench trial is one that needs to be carefully considered with the help of an attorney.

Thanks to the hard work of Attorney McAllister, this client is able to move forward without a damaging criminal conviction.

If you’ve been charged with Endangering Welfare of Children or Public Drunkenness in Berks County, you need the help of our Reading, PA criminal attorneys. Call us at 610-372-5128 or email us at info@enmlaw.com.