An MM&D client recently had felony charges nol prossed as a result of quick and efficient work by partner Richard C. Daubenberger. The client was implicated in a drug sale to an undercover officer in September of 2017, but was not taken into custody until August of 2018. Attorney Daubenberger successfully argued that the client was not brought to trial in a timely manner and that the charges must be waived. The Commonwealth was unable to show that due diligence was used in bringing Mr. Williams to trial and, ultimately, the charges against him were dismissed.
Partner Richard Daubenberger obtained a favorable sentence for a client involved in a car crash that injured four nuns. While it was not contested that the accident occurred, he successfully argued for leniency, on the basis that the client did not have a criminal history, but did have a difficult upbringing and suffers from adjustment disorder, anxiety and depression,
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)
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.
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 Richard C. Daubenberger, Esq. is interviewed on NBC 10 about the legal technicalities in the ongoing Bill Cosby proceedings. Click the link below.
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.