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February 2012 Archives

Money Seized from Client by Police is Returned

Today I (attarney Dan Nevins) was able to secure the return of $1,639.00 to a client previously charged with a narcotics offense in Berks County, PA. The money had been seized by Police incident to the arrest for Possession of Marijuana and Paraphernalia and pursuant to the forfeiture statute in the Drug Act. In the end, the Commonwealth agreed to return the funds to my client and not proceed to forfeiture.

Auto Theft Charges Dismissed after Reading PA Preliminary Hearing

This afternoon I (attarney Dan Nevins) represented a client charges with Receiving Stolen Property, Theft, Unauthorized Use of an Automobile, Simple Assault and Recklessly Endangering Another Person. The allegation was that my client, a passenger in a vehicle, began to hit the driver. At some point the driver stopped the vehicle and got out at which time my client got in the driver's seat and drove away, leaving the car a couple of blocks away.
At a Preliminary Hearing the Commonwealth must make a prima facie showing for each charge in order for it to be held for court. This is a much lower burden than the Commonwealth must meet at trial.
In this case I argued that there was insufficient evidence to meet even a prima facie burden as to the auto theft charges. Fortunately, those charges were all dismissed and my client will now only face misdemeanor - an not felony - charges.

Theft Charges Dismissed At Preliminary Hearing

Recently, attarney Ryan W. McAllister represented a client who had been charged with "theft of leased property", a misdemeanor offense under 18 Pa.C.S.A. 3932 of the Pennsylvania Crimes Code. Our client had failed to return some rented equipment to a business located in Berks County. Although our client had made attempts to work things out with the owner of the business, eventually the police got involved and our client was charged criminally.

Client Avoids Departmental Hearing and 5 Points

attarney Ryan W. McAllister recently represented a client who was charged with driving 31 miles per hour over the posted speed limit, which is a summary offense under 75 Pa.C.S.A. 3362. A conviction of this offense would have given our client five (5) points on his driving record, and, based on our client's current situation, would have triggered a PennDOT Departmental Hearing; additionally, he would have very likely received some sort of license suspension from PennDOT.

Client Avoids Departmental Hearing/ 15 Day License Suspension in Berks County Speeding Case

Today I represented a client charged with a Speeding Citation in a Berks County, PA District Court. The allegation was that she was 31 mph or more over the speed limit - and specifically that she was traveling 89 mph in a 55 zone. If convicted (or if she simply mailed in a plea and a fine) she would face an automatic PENNDOT departmental hearing which would lead to either a 15 day suspension, a driver improvement class or a driver's examination. In addition, she would face 5 points on her license.

Client's Vehicle Returned Following Police Seizure

I recently represented a former Penn State Berks student charged with felony narcotics offenses. A large amount of marijuana was found in the trunk of the vehicle he was driving and both the drugs and the vehicle were seized by the police. Fortunately, I was able to keep the young man out of prison and secured him a probationary sentence.

Client Saves $3,500 in Fines in Food Safety Case

Yesterday I represented a Reading, PA business owner facing 14 summary citations for Food Safety Violations. A representative of the Pennsylvania Department of Agriculture charged the client for the alleged violations following an inspection of a warehouse facility. Fortunately we were able to negotiate a settlement cutting the client's charges and fines in half which ultimately resulted in a savings of over $3,500.

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