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Facing State Time Serving County Sentence

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We represented a client in two different cases. In one case, he was charged with two counts of theft from a motor vehicle and two counts of receiving stolen property, facing a maximum penalty of 14 years in prison. In the second case, he was charged with a fourth offense DUI facing a maximum penalty of 5 years in state prison. After making the decision to enter into an open guilty plea, Attorney Emkey argued for a combined sentence of 1-5 years incarceration to be served in Berks County jail with credit for 170 days time served and an additional 30 days for inpatient treatment followed by 2 years probation. The Commonwealth argued for a state prison sentence and no credit for inpatient treatment. Ultimately, the Judge agreed with Attorney Emkey's argument and sentenced the defendant to 1-5 years (with credit for 200 days time served) to be served in Berks County jail followed by 2 years probation.
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