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July 2011 Archives

attarney teaches Legal Ethics Seminar for New Berks County Lawyers

Today I (attarney Dan Nevins) had the privilege of serving as the moderator for the mandatory CLE "Bridge the Gap." The program is required for newly minted lawyers by the Pennsylvania Supreme Court within the first two years of Bar admission. The program is offered in various locations throughout the Commonwealth and once a year at the Berks County Bar Association building in Reading, PA. This was my third year leading the discussion. The program is meant to educate young attarneys on the practical and ethical aspects of law practice including adherence to the Rules of Professional Conduct and the Code of Civility that we are bound to as attarneys. Today I enjoyed a leading a group of mostly new lawyers through an interesting and educational program that, I hope, continues to benefit the Profession and especially the local Bar. 

Aggravated Assault by DUI Charge Dismissed at Preliminary Hearing

Yesterday I (attarney Dan Nevins) represented a client in a Berks County District Court charged with three counts of Aggravated Assault by DUI. At this stage the Commonwealth only needs to establish a prima facie case against a Defendant in order for a charge to be held for court. This is a relatively low legal burden, and does not approach the guilt beyond a reasonable doubt standard necessary for a criminal conviction.

Points on Driver's License saved through negotiation

This morning I represented a client facing a Speeding Ticket in Berks County, PA. Based on the alleged speed he was facing 3 points on his driver's license, placing him in danger of future suspension. Based on the particular circumstances of this case, I was able to convince the Trooper to reduce the charges. In the end, my client pled guilty to a no-point offense and paid a small fine.

2 Year Protection Order Granted Following Hearing in Berks County PFA Case

Today I represented a plaintiff in a Protection From Abuse Case in Reading, PA. My client alleged that his spouse had threatened him with physical harm on numerous occasions and consequently he feared for his safety. His spouse denied the allegations and the matter proceeded to a Hearing.

Client Not Guilty of Alleged PFA / ICC Violation

Last week, I (Attorney Ryan W. McAllister) represented a client charged with violating a Protection from Abuse (PFA) Order in Berks County. My client allegedly sent text messages to the PFA Plaintiff and "stalked" her outside of her house in the early morning hours. My client adamantly denied that he violated the PFA, so I got to work gathering as much evidence as possible in the case. 

Appealing Traffic Citations Saves Driver's License

Recently, I (attarney Ryan W. McAllister), represented a client who was issued two (2) traffic citations: one (1) for careless driving, 75 Pa.C.S.A. 3714(a), and one (1) for driving at a safe speed, 75 Pa.C.S.A. 3361. The client, who at that time was not represented by an attarney, was found guilty of both citations at district court. Once the client retained my services, I promptly filed a summary appeal in the Berks County Court of Common Pleas. 

ARD for Firearms Charge

I (attarney Ryan W. McAllister) recently represented a young man who was charged with firearms not to be carried without a license, 18 Pa.C.S.A. 6106. This charge was initially graded by the police as a 3rd degree felony. After reviewing the evidence and the law, however, I was quickly able to determine that the charge should actually be graded as a 1st degree misdemeanor, a less serious grading. After a discussion with the assistant district attarney assigned to handle the case, the charge was changed to reflect the less serious grading. 

3 Years State Prison Reduced to 5 Days

Several months ago, I (attarney Ryan W. McAllister) represented a client in the Berks County Courts charged with over thirty (30) different criminal counts, including felony aggravated assault, all stemming from what started out at a DUI checkpoint. My client was driving in Berks County when he saw a DUI checkpoint up ahead. Knowing that he had been drinking, my client immediately tried to turn around and go the other direction, jumping a curb and sidewalk in the process. This got the attention of the police officers working the DUI checkpoint, who proceeded to pursue my client. 

Not Guilty Verdict on 2 Citations - 2 Remaining Citations Withdrawn

I (Ryan W. McAllister) recently represented two (2) clients at district court who were each issued two (2) traffic citations. The first client, who was the driver of the vehicle, was charged with failing to stop and provide information following an accident, 75 Pa.C.S.A. 3744, and accidents and damage to unattended property, 75 Pa.C.S.A. 3745(a).

Evidence Suppressed in Berks County DUI Case

I recently received excellent news for a client in a Berks County Driving Under the Influence case. The Judge granted my motion to suppress evidence based on an illegal vehicle stop in the Kutztown area of Berks County. As a result of the ruling, all charges have been dismissed and my client wins his case. 

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