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Theft and Access Device Fraud charges dismissed at Preliminary Hearing

by | Dec 15, 2011 | Criminal Law |

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.

At the time of the initial preliminary hearing I negotiated with representatives from the bank as well as the Assistant District Attorney. In the end my client agreed to give the bank the $100 in question and the Commonwealth agreed to a Dismissal Upon Satisfaction under Rule of Criminal Procedure 546.

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