Posts Tagged ‘Theft Offense Lawyers Attorneys in Berks County’

Client granted RRRI Eligibility Waiver – Minimum Stentence Reduced by 7 1/2 Months

Thursday, April 7th, 2011

Today, I represented a client In Berks County Court on Burglary, Conspiracy and Theft charges. Client’s family came to our firm over a year after charges had been filed and as Client continued to languish in Berks County Prison. The plea offer obtained by prior counsel had been for 3 to 6 years in state prison – a standard offer based on client’s prior record and the sentencing guidelines for the top charge. However, it was my hope to bargain for something more favorable for my client.

This young man had a non-violent background and his legal issues stemmed directly from a history of substance abuse. He clearly needs some help so that he does not reoffend once he is eventually released. With this in mind, I began plea negotiations with the Assistant District Attorney. He soon amended the charges and reduced the minimum to 2 1/2 years, although I hoped to do even better.

The Pennsylvania Department of Corrections has a program for non-violent offenders known as RRRI (Recidivism Risk Reduction Incentive) or “Triple R-I” program. The program consists of intensive treatment and rehabilitation including a large component of drug and alcohol treatment. By participating in the program an offender can reduce his minimum sentence by either 3/4 or 5/6 depending on the length of sentence. Based on my client’s background this is something he sorely needed. Unfortunately, he was statutorily ineligible due to a 7 year old Simple Assault conviction.

Through continued negotiation I was eventually able to convince the ADA to waive the eligibility requirements. The Judge agreed as well, and the client was made eligible for the RRRI program. This functions to reduce his RRRI minimum from 30 months down to 22 1/2 months and also give him the Drug and Alcohol treatment that he greatly needs and desires. With 14 months of credit time my client has a little over 8 months until he hits his minimum. Ultimately, it will be up to my client to do well on the program and maintain sobriety. Hopefully, this negotiated sentence will give him the opportunity to do so.

If you or a loved one is facing a lengthy state prison sentence please contact our office to discuss the options. You may be eligible for an alternative program such as RRRI, State Intermediate Punishment, County Intermediate Punishment, Boot Camp, Drug Treatment Court, DUI Treatment Court, Berks County’s Mental Health Treatment Court or Veteran’s Court. Our attorneys are skilled in negotiating alternative sentences and help you avoid lengthy state prison sentences. Please call our Reading, PA law office to schedule a free consultation.

Robbery Charges Dismissed in Berks County PA

Friday, February 4th, 2011

Recently, Attorney Liz Ebner represented a defendant charged with F1 Robbery, F1 criminal conspiracy to robbery and related charges. He was accused of knocking over a chinese food delivery man and punching him in the face while the man was held by a codefendant, and stealing his motor bike. Our client insisted that he was not the one that did this and he had no prior criminal record as a juvenile or adult. His life could have been ruined. We obtained unsecured bail for him and filed a motion for writ of habeas corpus. The defendant was never identified as the perpetrator in court and the charges were dismissed. He was looking at at least 20-40 years in prison if found guilty.

Theft Charges Dismissed At Preliminary Hearing

Wednesday, February 2nd, 2011

Last Friday I represented a client in Reading Central Court (RCC) in Berks County who was charged with Receiving Stolen Property, 18 Pa.C.S.A. 3925, which is a theft offense.  Although my client was only charged with a single misdemeanor offense, she had two (2) co-defendants who were charged with felony robbery, as well as other serious crimes; this was, therefore, an extremely serious case for my client.

After reading the affidavit of probable cause, I discussed with my client that there didn’t appear to be much evidence against her.  The facts of the case were that my client, who was a passenger in a vehicle, was found to be in possession of a cell phone that had been taken in a robbery earlier that same day.  On the day of my client’s preliminary hearing, I informed the Judge and the district attorney that my client and I would be fighting the case.

The defense in my client’s case was relatively simple.  My client and I did not dispute that she was in possession of the cell phone.  There was simply no proof, however, that my client had any idea that the cell phone was, in fact, stolen.  During testimony by the victim and the police officers, I was able to demonstrate to the Judge that my client was 100% cooperative throughout the investigation.  Furthermore, my client never made any attempt to conceal or hide the cell phone.  Finally, right from the beginning of the investigation, my client told the police officers up front that the cell phone did not belong to her.  It appears that my client simply picked up the cell phone upon entering the vehicle.

Although the burden of proof is very low at a preliminary hearing, the Judge in this case dismissed the charge against my client after hearing my closing argument.  My client walked out of the courtroom with no jail time, no probation, no fines, and no court costs.  She was very happy with the outcome of her case.

If you have been arrested or charged with a crime in Berks County or Reading, Pennsylvania, please contact my office to setup a free consultation.

Retail Theft Charges Withdrawn At Preliminary Hearing

Tuesday, November 9th, 2010

Last week, I represented a client at a district court hearing who was charged with Retail Theft, 18 Pa.C.S.A. 3929, as well as criminal conspiracy.  My client was a frequent customer of Home Depot located in Berks County, Pennsylvania.  Months ago, an employee of Home Depot was arrested, charged and prosecuted with “under-ringing” merchandise.  Following his arrest, the employee of Home Depot implicated my client as the supposed “mastermind” of this “under-ringing” scheme.  My client and I both believe that the Home Deport employee pointed the finger at my client in an attempt to get a better outcome in his own case.

My client had no prior record in Pennsylvania and had served in the military.  Therefore, we prepared a vigorous defense to get the charges dismissed; this was not the type of case that was going to be a plea bargain.

At the preliminary hearing, I met with the assistant district attorney assigned to the case as well as the police officer who had filed the charges.  After discussing the specific aspects of the case, as well as presenting some case law that was extremely favorable to my client, the Commonwealth agreed to withdraw each and every charge against my client.

Initially, my client was facing the potential for jail time and/or the possibility of a lengthy period of probation under the supervision of the Berks County Adult Probation Office.  Additionally, if convicted, my client would have been ordered to pay a significant amount of court costs and fines, and he would have had a misdemeanor record for the rest of his life.

After court, however, my client walked out with no jail time, no probation, no fines, no court costs, and no criminal record.  Needless the say, he was very happy with the result.

If you have been arrested or charged with a criminal offense in Reading, Pennsylvania, or Berks County, Pennsylvania, please call the office to setup a free consultation.