Misdemeanor and Felony Victories
State of NJ v. Rinker -- Based upon many discrepancies found in the officer's report and issues on the administration of the breathalzyer, successfully argued the reported BAC of .21 down to .099 (an over 50% reduction in BAC), reducing the client's suspension from 7 months to 3 months and eliminating the Interlock Ignition Requirement.
Commonwealth v. Blackwell (Berks County) Hit and Run accident with occupied vehicle and driving under suspension DUI related charge amended to exclude the latter charge and take away mandatory 60 day jail sentence and 1 year additional license suspension.
Commonwealth v. Achenbach; Woman with 4 outstanding DUI's sentenced to 45 days to 6 months on each to run consecutively with the balance to be served on house arrest.
State of New Jersey v. Henderson; Charges for young man charged with second degree aggravated assault were downgraded to third degree and he was accepted into the County Pretrial Intervention program with charges to be dismissed and record expunged after one year of misconduct free behavior.
Commonwealth v. Winters; Man charged with possession of narcotics had misdemeanor charges reduced to non-criminal summary offenses; thus avoiding a violation of parole in another county and certain incarceration.
Commonwealth v. Sacks; After hearing in District Court, all criminal charges relating to fraud were dismissed and case was closed.
Commonwealth v. Noecker; Man originally suspected of Felony drug delivery has charges filed to reflect Misdemeanor drug possession and receives a sentence of probation avoiding a "drug mandatory" sentence of incarceration.
Commonwealth v. Casey; Woman receives sentence of 18 months probation for First degree misdemeanor theft charges stemming from an incident with her employer.
Commonwealth v. Karas: Client under investigation for credit card theft. Cooperated with the investigation and convinced officer to not charge client with any criminal offenses.
Commonwealth v. Hernandez: Arson and Insurance Fraud charged, both Felonies. Client found guilty of providing police with a false report. Sentenced to 1 year probation.
Commonwealth v. Marinelli: Originally charged with Forgery and Tampering with Evidence, both felonies. Client found guilty of providing a false statement and sentenced to probation.
Commonwealth v. Vasquez: 2nd offense DUI case. All evidence suppressed because the judge found that the officer did not have probable cause to stop client’s vehicle. Client’s vehicle drifted outside of lane momentarily. Charges dropped.
Commonwealth v. Beaver: 3rd offense DUI within 10 years. Client pled guilty and received 1 year of house arrest, rather than the mandatory 1 year prison sentence.
Commonwealth v. Scollen: DUI charges dismissed after trial by judge. Client was sitting behind the wheel of a running vehicle. Judge found that the state did not prove client was “driving, operating or in actual physical control” of her vehicle and dismissed case.
Commonwealth v. Yerka: 2nd offense DUI. Found not guilty after trial by judge. State did not prove client was in “actual physical control” of the vehicle.
Commonwealth v. Lenig: 2nd offense DUI. Defendant found asleep behind the wheel of a running vehicle in the parking lot of a lodge that served alcohol. Client was found not guilty by judge because state did not prove that client drove, operated or was in actual physical control of his vehicle.
Commonwealth v. Berndlmaier: 2nd offense DUI. Client was walking up her driveway when police arrived. Case dismissed by District Justice because no proof the defendant operated vehicle while under the influence. Case was refiled by Commonwealth and subsequently dismissed again.
Commonwealth v. Frawley: 2nd offense DUI. Client given house arrest, permitted to work by Judge.
Commonwealth v. Malave: Client changing tire when police arrived. Case was dismissed at Preliminary Hearing because Commonwealth could not prove client drove the vehicle to that location.
Commonwealth v. Siano: 3rd offense DUI within 10 years. Client given 1 year of house arrest by Judge instead of 1 year in prison.
Commonwealth v. Malave: DUI case dismissed when judge found client did not drive vehicle when client was found outside of car changing tire.
Represented over 1,000 clients who were placed into the ARD program for first time offenders. Charges dismissed after completion of safe driving classes, fines and informal probation.
Commonwealth v. Melching: Client found not guilty by jury of Aggravated Assault on county Deputy Sheriff.
Commonwealth v. Feldman (aka “Bucks County Bread Squeezer”): Client was originally charged with Felony criminal mischief for allegedly destroying thousands of dollars of bread and cookies in a supermarket in Yardley, PA. Client was found not guilty by jury of all criminal charges, sentenced by the judge for summary violation to pay $500.00 fine. Received worldwide coverage from the Associated Press and Newsweek Magazine and story was on all 4 local news stations, CNN and the Court Channel.
Commonwealth v. Vasquez: 2nd offense DUI case. All evidence suppressed because the judge found that the officer did not have probable cause to stop client’s vehicle. Charges dropped.
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Commonwealth v. Beaver: 3rd offense DUI within 10 years. Client pled guilty and received 1 year of house arrest, rather than the mandatory 1 year prison sentence.
Commonwealth v. Martin: Client charged with speeding 110 mph on I-95. The police officer agreed to drop the speed to 65 mph in 55 mph zone and client was able to keep his driver’s license.
Commonwealth v. Scollen: DUI charges dismissed after trial by judge. Judge found that the state did not prove client was “driving, operating or in actual physical control” of her vehicle.
Commonwealth v. Decker: Felony criminal trespass charged alleging that client broke into ex-girlfriend’s house. Found not guilty of all charges after trial by judge.
Commonwealth v. Yerka: 2nd offense DUI. Found not guilty after trial by judge. State did not prove client was the operator of the vehicle.
Commonwealth v. Lenig: 2nd offense DUI. Defendant found asleep in his vehicle. Client was found not guilty by judge because state did not prove that client drove, operated or was in actual physical control of his vehicle.
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