Yesterday I represented a motorist facing a mandatory 60 day prison sentence along with a 1 year license suspension. He had been charged with Driving Under a Suspended License - DUI Related under Section 1543(b) of the Pennsylvania Vehicle Code. A conviction under that section calls for 60 to 90 days incaration.
Client Avoids State Prison Sentence for Probation Violation
Last week I represented a client charged with violating his special probation in Pennsyvlvania as a result of a felony charge out of New Jersey. As a result of the violation the Commonwealth was asking the Judge to resentence our client to an additional 1 to 2 years in state prison to run at the expiration of his New Jersey sentence.
Certainly, our client was in the wrong for committing the New Jersey offense. However, we questioned the reasoning behind incarcerating the man an additional 1 to 2 years after the 3 years he was already set to serve in New Jersey.
Client Avoids State Prison with a Sentence of House Arrest
I (attarney Dan Nevins) recently represented a client charged with Robbery in Berks County, Pennsylvania. It was alleged that he had passed a threatening note to a bank teller demanding money which she then turned over to him. The unique thing about the case was that the incident occurred several years ago and through a combination of reasons the case did not come to court until late 2011.
The evidence against my client was strong and included DNA and the sequenced money being found in his possession. The Commonwealth was seeking a state prison sentence of 1 to 3 years.
My client, I believed, deserved better than that. In the years since this crime occurred he had truly turned his life around for the better and there was evidence to prove that.
We decided to take an open plea - rejecting the Commonwealth's offer of 1 to 3 years, but accepting responsibility for the crime and asking the Court to consider a more lenient sentence.
In the end my client received a legnthy probation sentence along with 9 months of House Arrest. Fortunately, he will be home and able to care for his newborn child while his wife works.
Client Awarded Credit for Time Served
attarney McAllister recently represented a client who had been sentenced to thirty (30) days in Berks County Prison for driving on a suspended license under 75 Pa.C.S.A. 1543(a). The client came to our office after being previously found guilty and sentenced in a Berks County District Court. Additionally, by the time our client came to our office, her appeal rights had passed since there is only a thirty (30) day appeal period under Pennsylvania Law.
Client Saved from 60 days in Jail and 1 Year License Suspension
attarney Dan Nevins represented a Kutztown University student charged with Driving Under a Suspended License/ DUI related - a violation of Section 1543(b) of the Pennsylvania vehicle code.
By statute, a conviction would call for a mandatory 60 to 90 day prison sentence and a one year license suspension.
Client Not Guilty of 1543(a)-Avoids 1 Year Suspension
attarney Ryan W. McAllister recently represented a client who had been charged with driving on a suspended license under 75 Pa.C.S.A. 1543(a). Although this section of the Pennsylvania Vehicle Code is only a summary offense that typically is punishable by a fine, the greater concern is that a conviction under this section will result in a one (1) year suspension of a defendant's driver's license by PennDOT.
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