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.
We proceeded to a preliminary hearing on the Assault/ Threats case. I successfuly argued for a dismissal of the terroristic threats charges and the simple assault count was held for court. Subsequently, we waived the DUI charge and applied him for ARD in that case. Both cases proceeded to Common Pleas but in front of different Judges with two different Assistant DA’s assigned. Then came some bad news – I received a plea offer of 3 to 23 months in the Assault case and a denial of ARD in the DUI case.
Through negotiation with the ADA in the Simple Assault case, I was able to secure a revised plea offer of 2 years probation. I then filed an ARD reconsideration letter with the Berks County District Attorney for the DUI case. In my letter I outlined my client’s background and the unique circumstances of his cases. I stated clearly my goal in the matters: ARD on the DUI case and 2 years concurrent probation on the Simple Assault case. Thankfully, the District Attorney agreed that this request was reasonable given the circumstances. In the end, I was able to help my client avoid jail time and a legnthy license suspension.
The answer to the question that forms the title of this post is “yes.” But only if you retain diligent and persistent counsel. We regularly obtain the most favorable results for our clients. If you or someone you love is charged with a criminal case in Berks County or throughout Central or Southeastern Pennsylvania give us a call for a free consultation.