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Posts tagged "Criminal lawyer Reading PA"

Spotlight Issue: Negotiated dismissals - Rules 546 and 586

If you've been charged with a crime in Berks County and part of the charge contains an allegation that you owe something to someone else (usually money), your attorney may be able to negotiate a dismissal upon satisfaction being made to the aggrieved party. This type of disposition is pursuant to Rule 586 (in front of the Court of Common Pleas), Rule 546 (in front of a magisterial district judge) or Rule 458 (dismissal of a summary offense).

ENM Law News: Successful Juvenile Court Outcome

The mother of a juvenile charged with Receiving Stolen Property and Possession of a Small Amount of Marijuana came to ENM Law for help with her son's case after years of representation by other attorneys. This juvenile had been given a consent decree (basically ARD for juveniles), but was continually violating his supervision by failing drug tests and was in and out of juvenile placements for over 18 months. While in placement, he was prescribed medications for mental illness. He was compliant with those medications while at the juvenile placement and continued to take them after he was released awaiting a violation hearing. However, at that violation hearing he was taken into custody again and was not given any of the mental health medications during the 60 days that he was incarcerated. It was at this point that Attorney Ebner stepped in to represent the juvenile. After hearing Attorney Ebner's arguments on behalf of her client, the juvenile judge found that the client was not in willful violation of his supervision because the client had been denied his necessary medication during his 60 day incarceration.

ENM Law News: "Not guilty" verdict in Homicide trial

A criminal case can't get much more serious than a murder charge and not all attorneys are capable of handling this type of case. However, when Attorney Nevins was given the responsibility of representing a client accused of criminal homicide in Reading, PA, he knew that he was up to the challenge.

ENM Law News: Felony Burglary charge dismissed at preliminary hearing

Usually, a Reading, PA attorney's first chance to make a difference in your criminal case is at the preliminary hearing. The Commonwealth has to present evidence of a prima facie case in order for the charges to be bound over to the Berks County Court of Common Pleas. All preliminary hearings for cases within the City of Reading are held on Fridays in Reading Central Court (read more about preliminary hearings and RCC here). A preliminary hearing is the first time that your attorney can hear the evidence against you and test the Commonwealth's witnesses. The best case scenario is that the case is dismissed at the preliminary hearing.

ENM Law News: 2008 ICC charge dismissed for lack of service

What happens when there is an alleged violation of a civil Protection from Abuse order (PFA)? The alleged violation results in an Indirect Criminal Contempt charge (ICC). This is a criminal charge which can result in a jail sentence of up to 6 months and a $1,000 fine.

ENM Law News: Terorristic Threats charge dismissed at preliminary hearing

A client recently came to Attorney McAllister looking for help after a fight with a roommate. Our client had been charged with Terroristic Threats and his preliminary hearing was scheduled to be heard in Reading Central Court (read more about RCC here). The roommate testified that our client threatened to shoot him. The roommate admitted that he had never seen our client with a gun. While not denying the statement, Attorney McAllister argued to the magisterial district judge that it didn't constitute a Terroristic Threat. Confused by how that can be true? Luckily, Attorney McAllister isn't!

ENM Law News: Armed robbery charge dismissed at preliminary hearing

Attorney Nevins recently represented a client who was incarcerated for an armed robbery charge. Armed robbery is a felony of the first degree and is punishable by a maximum of 20 years of incarceration and a $25,000 fine. Our client denied the allegations and said that he was trying to help the alleged victim, not rob him. Attorney Nevins made plans to fight the charges at the preliminary hearing. Disinterested witnesses were found who supported our client's version of events and Attorney Nevins made sure that they were in court for the hearing. He presented the witnesses to the police officer and Assistant District Attorney who agreed to withdraw the charges after hearing the witnesses' credible stories. It turns out the the alleged victim had overdosed on heroin and concocted this story blaming our client in order to avoid getting in trouble with his probation officer. Our client was released from custody the same day as the hearing and faces no criminal charges as a result of this incident. 

ENM Law News: Recent criminal cases

Do you need an attorney for a criminal charge in Berks County? The answer is almost always "Yes." But you shouldn't choose just any attorney that you find online. You need an experienced criminal attorney who knows the best way to handle criminal cases in Reading, PA. We are those attorneys. Here are details on some of our recent criminal cases.
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ENM Law News: "Not guilty" verdict in bench trial

Attorney Dan Nevins recently secured a "not guilty" verdict for a client charged with intimidating a witness. This client was offered a jail sentence of 9-23 months in exchange for a guilty plea. After consultation with Attorney Nevins, this client decided to proceed with a trial. The alleged victim, who was a witness against our client in a traffic case, testified at the bench trial that the client had threatened to physically assault him if he testified in the traffic case. Under direct examination by Attorney Nevins, our client testified that he and the alleged victim traded racial slurs, but no threats of violence. After hearing all of the evidence, the judge determined that the competing testimony left him with reasonable doubt and therefore he found the client "not guilty." Thanks to the hard work of Attorney Nevins, this client avoided a conviction and lengthy jail sentence.

Spotlight Issue: Wiretap Violation - When am I allowed to record conversations?

The laws on recording people and conversations are contained in Pennsylvania Crimes Code Chapter 57 - Wiretap and Electronic Surveillance. PA wiretap law prohibits the intentional interception, disclosure or use of any wire, electronic or oral communication. A wiretap violation is graded as a felony of the third degree and is punishable by a maximum permissible sentence of 7 years of incarceration and a $15,000 fine.

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