Posts Tagged ‘Recent Cases’

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.

Theft and Access Device Fraud charges dismissed at Preliminary Hearing

Thursday, December 15th, 2011

This morning we were able to win a dismissal of charges for a client charged with several misdemeanor offenses in Berks County, PA. She had been charged with Access Device Fraud, Theft by Unlawful Taking, Theft by Deception and Receiving Stolen Property. The allegation was that she had deposited an envelope into a bank ATM purportedly containing a $100 bill. She then subsequently withdrew $100 from the bank as her account reflected the previous $100 deposit. The allegation, however, was that the original envelope was empty.

At the time of the initial preliminary hearing I negotiated with representatives from the bank as well as the Assistant District Attorney. In the end my client agreed to give the bank the $100 in question and the Commonwealth agreed to a Dismissal Upon Satisfaction under Rule of Criminal Procedure 546.

Retail Theft charge reduced to Disorderly Conduct in Berks County District Court

Thursday, December 8th, 2011

I represented a college student yesterday who was charged with Retail Theft for an incident occurring in Wyomissing, PA. She was particularly concerned about what a conviction to such a charge would do to her employment prospects and career goals. A theft charge is considered a crime of dishonesty or “crimen falsi” and could even be used against her if she were called to testify in a future court proceeding whether she is a victim, witness or defendant. Further, if she were to be charged with a subsequent retail theft at any point in the future that charge would be a misdemeanor regardless of dollar value because of the prior retail theft conviction.

In the end I was able to negotiate with the arresting officer. He agreed to amend the charge to disorderly conduct and my client paid a $50 fine.

If you or a family member is charged with Retail Theft / Shoplifting in Berks County, Pennsylvania you need to consult an experienced defense attorney. Call our office today for a free consultation.

Kutztown University Student avoids License Suspension in Underage Drinking Case

Tuesday, November 15th, 2011

Yesterday I (attorney Dan Nevins) represented a client charged with an Underage Drinking Citation in Kutztown, Pennsylvania. A conviction on such an offense comes with a three (3) month license suspension and the consequences of an alcohol related conviction.

In this particular case I had my client complete 12 hours of alcohol awareness education in an effort to mitigate the consequences. In the end the officers agreed to amend the citation to Disorderly Conduct. As a result my client was able to avoid the suspension and the alcohol conviction.

If you are a Berks County college student charged with an Underage Drinking citation you need experienced legal counsel.  Please call our office to schedule a free consultation.  You may be eligible for a reduction in charges, the “second chance program”  or a summary appeal to a district court conviction.

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.

PFA Plaintiff Representation in Berks County, PA

Tuesday, September 27th, 2011

Today I represented a client seeking a Protection from Abuse order against her daughter on behalf of her minor granddaughter. My client felt that her daughter posed a danger to the grandchild due to her issues with substance abuse. Fortunately, the PFA act can provide for protection in this regard.

My client was able to secure a one year Protection From Abuse order. As part of the order she was able to obtain custody of the minor child. The mother will be permitted contact with the child, but only at the discretion of my client. The mother will face violation of the order and possible jail time if she fails to follow its terms. The hope, of course, is that the child is protected and the mother gets the help she needs.

We regularly represent both Plaintiffs and Defendants in Berks County Protection from Abuse – PFA cases. Call our office today to schedule a free consultation.

Protection from Abuse (PFA) petition dismissed in Berks County, PA case

Thursday, September 15th, 2011

Today I represented a client facing allegations of abuse by his former spouse. She filed for a Protection from Abuse order following an incident that occurred during a custody exchange. My client was facing a 3 year no contact order, a finding of abuse as well as the custody implications from an adverse ruling.

Fortunately, the PFA petition was dismissed following a hearing. I was able to cross-examine the Plaintiff and expose inconsistencies between her testimony and her prior written statements. Ultimately, this led the Judge to conclude that my client and his testimony were more credible than that of the plaintiff.

If a Protection from Abuse Petition has been filed against you, you need to protect yourself.  You can lose important rights as a result of a PFA case.  You can be evicted from your home,  lose custody of your children, lose your right to carry firearms, or be restricted from other locations.  Unfortunately, at times, some individuals attempt to abuse the PFA act by filing false allegations of abuse in order to gain an advantage in a custody or divorce case.  This should not be tolerated.  The PFA act is an important protection for legitimate victims and should be treated as such.  Call our office today to schedule a free consultation in your Berks County PFA case.

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.