We recently had to unexpectedly seek an attorney due to a stupid mistake that could have resulted in a life altering direction with the possibility of facing jail time. The case was unusual due to a registered fire arm being involved with a small amt. of Marijuana. Rich [Daubenberger] was responsive, direct and wanted to ensure everyone understood the options and the direction that was being taken. He was accommodating and accessible for meetings via conference calls and email when needed. He explained the process throughout as it related to hearings, options and what to expect at each one based upon his 20+ years of experience, which was accurate. His knowledge of the process, the court system and legal associates personalities proved to be valuable. His ability to see the good in people and recognize the qualities in people resulted in being able to present the case/facts to the Judge in an open plea decision. The result…NO JAIL time for a felony conviction based upon what the DA sentencing recommendations were (23 mos. incarceration) …but a sentence of 30 day home monitoring and 2 yr probation. THANK YOU RICH for recognizing that all guidelines do not fit the crime and working to keep a path open and impacting a young mans future that could have gone in a totally different direction! We’ll keep our deal and be in touch after probation!!!! (The details MATTER in the law)
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MM&D Partner Thomas A. Musi successfully defends claim for federal class certification
Partner Thomas A. Musi recently successfully defended a motion to certify a class action under Federal Rule of Civil Procedure 23, in which the plaintiff sought to certify a class against his client under the Telephone Consumer Protection Act. In doing so, Attorney Musi successfully argued that the plaintiff failed to show any common evidence among the proposed class members. Rather, he convinced the court that the proposed members of the class had individualized issues of consent that would likely result in thousands of “mini-trials” if the class was certified.
MM&D Associate Peter Maganas successful in obtaining pardon recommendations for clients
Attorney Peter Maganas, head of the Expungement and Pardon Division at MM&D recently appeared at the State Capitol to argue two pardon applications. After Peter presented the cases, both applicants were recommended to the governor to be granted clemency. One case involved a felony gun conviction and another case involved felony drug conviction.
“Richard was my son lawyer and he made good with his promises. Richard was honest and upfront from the start. Richard did not make promises that he would save my son from his “stupid” mistake he did promise he would do his best to keep my son out of jail and he did. My son and I are truly grateful for Richards knowledge of the law. My son ended up with probation and I could not be more pleased with Richard help in this case. I would referral anyone with legal issues to Richard.”
Pennsylvania law permits individuals to seal or expunge their criminal records. When a court expunges a record, the record is permanently destroyed. Sealing a record is, in most circumstances, equally as effective as expungement. The difference is that, when a record is sealed, it can only be retained by government entities who may not divulge the record to private employers and the public. In 2016, Gov. Tom Wolf signed legislation permitting record sealing for a multitude of misdemeanor offenses, which were not previously able to be expunged.
Who should expunge their record? Any person with a criminal record who is seeking employment or career advancement should consult an attorney about expungement. Furthermore, criminal records can disqualify an individual from obtaining loans and attending college and graduate level education.
Expungement is a process that may take months to complete, so it is important to plan ahead. The experienced attorneys at Musi, Malone and Daubenberger, LLP can tell you whether all, or part, of your record qualifies for sealing or expungement, and will work expeditiously to resolve the expungement process with a favorable outcome.
Please call Richard C. Daubenberger, Esq. at 610-891-8806 to begin the expungement process if your record includes any of the following:
• Any not guilty disposition (including charges dismissed or withdrawn pursuant to ARD)
• Summary conviction (5 years or older)
• Non-violent misdemeanor conviction (10 years or older)
Musi, Malone and Daubenberger, LLP is a full-service law firm catering to individuals and businesses. Please contact the firm for information related to personal injury, estates, family law, criminal defense, business litigation, and Social Security matters.
MM&D partner Rich Daubenberger interviewed on NBC 10 about the Bill Cosby case
MM&D partner Richard C. Daubenberger, Esq. is interviewed on NBC 10 about the legal technicalities in the ongoing Bill Cosby proceedings. Click the link below.
Daubenberger NBC10 Interview 2
MM&D Associate Christopher M. Brown, Esq. donates his time to Wills for Heroes.
MM&D associate Christopher M. Brown participated in Wills for Heroes 
in Coatesville, PA on December 12, 2015. Wills for Heroes is a pro bono program offered by the Pennsylvania Bar Association where volunteer attorneys and paralegals gather to prepare simple Wills, Durable Financial Power of Attorney and Living Will/Health Care Directives free of charge for military Veterans, first responders (paramedics, firefighters and police officers) and their spouses to thank them for their public service and the risks that they take in doing so. Chris himself assisted in the preparation of 15 estate planning documents and while the only risk he took was sacrificing a Saturday, the first responders and their spouses were nearly as thankful as Chris is for their dedication to helping others and serving their country/community. Chris is an experienced estate planner and litigator and is accredited by the United States Department of Veterans Affairs. Wills for Heroes is anticipated to be offered again in Chester county in March 2016.
Attorney Lucas A. Clark, IV elected as a Radnor Township Commissioner
In the Special and General Elections this past November 3, Luke Clark was elected Commissioner for Radnor Township Ward 3 for both the unexpired term ending in January and the next four-year term from 2016-2020. Luke won both elections by garnering 58% of the vote and was sworn in on November 9 by The Honorable Ann Osborne. Radnor has seven voting Wards with each Ward having one representative Commissioner on its Board of Commissioners, which handles all of the township’s legislative and executive functions. Luke will represent approximately 4,500 residents and is very excited to serve.
Satisfied client thanks MM&D attorneys for their work.
After being arrested and charged with felony drug offenses, this defendant retained MM&D criminal defense attorneys to work on the case. The news of the arrest hit the local papers due to the high number of marijuana plants allegedly recovered from the client’s residence.
After several court appearances the case was resolved with a negotiated plea by which the client avoided state prison. Instead of measuring his sentence in years, he served a number of months at the county jail. The satisfied client took the time to send some kind word to the firm to express his satisfaction and gratitude.
Click on the image to the right to read the full size letter.
DUI Crackdown
Pennsylvania’s Secretary of Transportation Leslie S. Richards announced that, “even though the number of people killed in drug- and alcohol-related crashes decreased [in 2014, PennDOT] and law enforcement will not reduce our efforts to make Pennsylvania roads safer. Enforcement and education efforts occur year round, but will be especially focused through the upcoming holiday travel period.” Combating impaired driving is one of the Department of Transportation’s most important functions.
Statewide, drug- and alcohol-related crash fatalities decreased from 512 in 2013 to 485 in 2014. Last year, there were 144 alcohol-related crashes which resulted in 16 fatalities over the Labor Day weekend in Pennsylvania. PennDOT maintains data for the past ten years of traffic fatalities on its website.
Pennsylvania State Police and local police departments across the state will add their efforts in enforcing the national “Drive Sober or Get Pulled Over” initiative through the Labor Day holiday weekend. Many of Pennsylvania’s County DUI Task Forces, the Pennsylvania State Police and local law enforcement will conduct checkpoints and roving patrols as part of this weekend’s DUI crackdown. Funding comes from part of PennDOT’s statewide distribution of $4.6 million in federal funds from the National Highway Traffic Safety Administration.
Pennsylvania’s per se blood alcohol content (BAC) limit is 0.08% for drivers over the age of twenty-one. A conviction for Driving Under the Influence can lead to penalties including mandatory jail time, license suspension and fines of up to $5,000. It should be noted that Pennsylvania’s DUI statute (75 Pa.C.S.A. §3802) creates a tiered system that has increased penalties based on higher BAC levels and repeat offenses. If you are arrested for and charged with a DUI offense you should contact an experienced DUI defense attorney to discuss your legal options, including first-offender programs that can significantly lessen the consequences if trial and acquittal is not a viable option.
Visit JustDrivePA for additional information on impaired driving and other traffic safety programs currently sponsored by PennDOT.
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