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March 2011 Archives

Can I get ARD in Berks County when I am charged with two separate cases?

I recently represented a client in the Berks County Court of Common Pleas charged with two criminal cases - a DUI and a Simple Assault/ Terroristic Threats - at the same time. A 32 year old father of five with a rock solid employment history had found his life spinning out of control after discovering his spouse's infidelity. With a first time DUI charge he was facing a mandatory 3 day jail sentence and a one year driver's license suspension if convicted. Additionally, his simple assault and terroristic threats case involved possession of a (legal) firearm, so under the sentencing guidelines he was looking at a County jail sentence.

Pulled over for a DUI in Berks County?

Unfortunately, every night a motorist in Berks County PA gets stopped on suspicion of Drunk Driving. The stop may occur at a DUI checkpoint, after a minor traffic violation or perhaps a motor vehicle accident. The officer will notice the DUI indicators - blood shoot eyes, slurred speech, odor of alcohol and ask the motorist to step out of the vehicle. The driver will then be subjected to a series of field sobriety tests - the finger to nose test, one legged stand and walk and turn. A preliminary breath test is done and the driver finds himself in the back of a patrol car on the way to the DUI center to have his blood drawn. Later, he is told to call a friend to pick him up and he's sent on his way.

Favorable Plea Deal Negotiated in Reading PA Drug Case

Today, I (Attorney Dan Nevins) was able to negotiate a favorable sentence for a client in a case involving two deliveries of cocaine to an undercover detective. He had been facing two mandatory minimums - one a three year weight mandatory and another two year school zone mandatory. I was able to secure a concurrent sentence of two to four years state prison with my client eligible for early parole at the expiration of 18 months under the RRRI program. In the end, given the particulars of his situation, this was the best possible result for the client and his family.
We pride ourselves on our courtroom advocacy and success in trial. However, the fact remains that most criminal court cases ultimately result in plea negotiations. So we are also very proud of our ability through the litigation process to position our clients for favorable deals. If you or a loved one is facing a criminal prosecution in Berks County PA, please call our office for a free consultation.

successfuly Fighting for ARD in Client's DUI Case

Many months ago, I (Attorney Ryan McAllister) began to represent a client charged with a first (1st) offense DUI under 75 Pa.C.S.A. 3802(c). My client was facing a mandatory three (3) days in Berks County Prison in addition to a 12-month license suspension. After reviewing the facts of the case as well as the discovery documents, I informed my client that there were no pretrial suppression issues to argue, and his best bet would be to file for the Accelerated Rehabilitative Disposition Program (ARD). The only problem was my client previously completed the ARD Program for an assault case two (2) years ago.

Favorable Sentence Negotiated in Berks County Burglary Cases

Today I represented a client on a guilty plea and sentencing in the Berks County Court of Common Pleas. The young man was charged in a string of eight separate burglaries along with multiple counts of conspiracy, theft, criminal mischief, trespass and so on. Prior to retaining counsel he had made admissions to the Police regarding his involvement. Based on this and other evidence it was quickly apparent that guilty plea negotiations would ensue. After many months of discovery and discussions with police, detectives and the assistant district attarney I was able to secure a time served County sentence followed by a period of probation.

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