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December 2011 Archives

Retail Theft Charges Dismissed

attarney Ryan W. McAllister recently represented a client who was charged with Retail Theft, 18 Pa.C.S.A. 3929, for allegedly stealing goods from a Wyomissing Department Store. Since it was a first offense for our client and the dollar amount involved was less than $150.00, our client was charged with a "summary offense", which carries a maximum of 90 days in jail and a maximum $300.00 fine.

Firearms Charges Withdrawn By Commonwealth

Recently, attarney Ryan W. McAllister represented a client charged with firearms not to be carried without a license, 18 Pa.C.S.A. 6106(a)(2). Although this is a serious offense, our client was likely only facing a probationary sentence since he had no prior record. Nevertheless, attarney McAllister requested all of the police reports and records from the District attarney's Office, which is a process known as "discovery".

Client Avoids Jail Time in Traffic Case

Last week, attarney Ryan W. McAllister represented a Berks County man who was facing several traffic citations in Berks County District Court. He was charged with 75 Pa.C.S.A. 3362, speeding in excess of 20 MPH, 75 Pa.C.S.A. 1573, displaying a foreign license during suspension, and 75 Pa.C.S.A. 1543(b), driving on a DUI suspended license. Convictions on these three (3) offenses would carry a mandatory minimum jail sentence of 60-90 days in Berks County Prison, 4 points, and over a thousand dollars in fines and costs.

Theft and Access Device Fraud charges dismissed at Preliminary Hearing

This morning we were able to win a dismissal of charges for a client charged with several misdemeanor offenses in Berks County, PA. She had been charged with Access Device Fraud, Theft by Unlawful Taking, Theft by Deception and Receiving Stolen Property. The allegation was that she had deposited an envelope into a bank ATM purportedly containing a $100 bill. She then subsequently withdrew $100 from the bank as her account reflected the previous $100 deposit. The allegation, however, was that the original envelope was empty.

PFA Plaintiff Client's 3 Year No Contact Order Granted

Last week I (attarney Dan Nevins) represented a client seeking a Protection From Abuse order from his former girlfriend. An incident had occurred recently where the ex-girlfriend became physically and verbally violent including threats on my client's life. Consequently, he became fearful for his own safety particularly since the ex-girlfriend specifically threatened to use third parties to carry out some future acts of violence.

College Student Gets ARD for Felony Charges

Attorney Ryan W. McAllister was retained to represent a young college student on felony charges of forgery, 18 Pa.C.S.A. 4101, access device fraud, 18 Pa.C.S.A. 4106, and theft by deception, 18 Pa.C.S.A. 3922. Our client, along with a co-defendant, allegedly used another person's credit card without permission. As a young person just starting out her life, our client was extremely worried about the impact of felony charges on her otherwise bright future.

Retail Theft charge reduced to Disorderly Conduct in Berks County District Court

I represented a college student yesterday who was charged with Retail Theft for an incident occurring in Wyomissing, PA. She was particularly concerned about what a conviction to such a charge would do to her employment prospects and career goals. A theft charge is considered a crime of dishonesty or "crimen falsie" and could even be used against her if she were called to testify in a future court proceeding whether she is a victim, witness or defendant. Further, if she were to be charged with a subsequent retail theft at any point in the future that charge would be a misdemeanor regardless of dollar value because of the prior retail theft conviction.

Felony Sexual Assault charges expunged in Berks County case

I represented a client yesterday who was attempting to clear his record of serious felony charges that were withdrawn against him over 7 years ago. In 2004 an alleged incident occurred resulting in the charges of Rape, Involuntary Deviate Sexual Intercourse (IDSI), Indecent Assault and Simple Assault. At the Preliminary Hearing the client's attarney at the time negotiated what would become the eventual plea agreement - 2 years probation for 2 misdemeanor counts. The client was pleased with this resolution and ultimately pled guilty to misdemeanor Indecent Assault and Simple Assault.

Client Released from Juvenile Secure Detention Facility

This afternoon I (attarney Dan Nevins) represented a young man in Berks County Juvenile Court. He had originally been charged as an adult in a "direct file" armed robbery case in Reading, Pennsylvania. Charged as an adult he was facing many years in state prison if convicted. We successfuly moved for decertification to Juvenile Court where there is a balance between protection of the community and rehabilitation of the youthful offender.

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