Posts Tagged ‘What is a Preliminary Hearing Berks County’

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.

Receiving Stolen Property Case Dismissed

Thursday, March 6th, 2014

Attorney Dan Nevins secured the dismissal of a felony Receiving Stolen Property charge yesterday in a Berks County district court. The client had been charged in connection with an alleged stolen vehicle in the Reading, Pennsylvania area. The charge was graded as a Felony of the Third Degree with a maximum possible penalty of 7 years incarceration.chong qi zhang peng

The attorneys of Ebner, Nevins & McAllister have successfully defended hundreds upon hundreds of individuals charged with criminal offenses in Berks County, Pennsylvania Biler Combo C4. Call today to schedule a free initial consultation with an experienced Criminal Defense Attorney in Reading, PA.

Theft Charges Dismissed At Preliminary Hearing

Friday, February 24th, 2012

Recently, Attorney Ryan W. McAllister represented a client who had been charged with “theft of leased property”, a misdemeanor offense under 18 Pa.C.S.A. 3932 of the Pennsylvania Crimes Code.  Our client had failed to return some rented equipment to a business located in Berks County.  Although our client had made attempts to work things out with the owner of the business, eventually the police got involved and our client was charged criminally.

At the hearing, Attorney McAllister approached the attorneys from the Berks County District Attorney’s Office in an attempt to informally resolve the matter.  The business owner was owed money for his unreturned items, and our client was willing to pay that money to make the business owner “whole”.  The prosecution, however, would not agree to “dismiss” the charges against our client; instead the prosecution wanted to the charges against our client to “stick”, which would risk our client having a criminal record.

Faced with this possible outcome, Attorney McAllister had a hearing before the District Judge.  Attorney McAllister argued that our client did not have the requisite “mens rea”, or criminal intent, to commit a crime.  Rather, it was just a misunderstanding that got out of hand.  On top of that, Attorney McAllister stressed the fact that our client was ready, willing, and able to make the business owner “whole” by paying full restitution.

The District Judge agreed with Attorney McAllister’s arguments and dismissed the criminal charges against our client.  In the end, our client was very happy with the outcome of the case.  We anticipate filing an expungement in the near future to ensure that no trace of this incident remains on our client’s otherwise spotless record.

If you or someone you know has been charged with a criminal offense in Reading or Berks County, Pennsylvania, please contact our office immediately at 610-372-5128 to setup a no-cost consultation with one of our skilled and experienced attorneys.