CIVIL VERDICTS - PREMISES LIABILITY * Estate of Joan DeMarco v. The Marquis - Decedent business tenant of apartment/office complex owner murdered by former employee of defendant in violent assault during office burglary. Plaintiff's estate alleged negligent security theory of liability against defendant. Settlement negotiated with responsible insurance company in excess of One Million Two Hundred Thousand ($1,200,000.00) Dollars prior to trial. * Khaled Bakar v. Home Properties, Inc. - Plaintiff was standing on third floor balcony of friend's apartment owned by defendant, when the floor suddenly collapsed causing plaintiff to fall to ground. Plaintiff sustained fractured ribs, non-displaced tibia fracture and herniated disc, which was treated with physical therapy and multiple epidural injections. Montgomery County jury returned a verdict in the amount of Seven Hundred and Sixty Nine Thousand ($769,000.00) Dollars. Plaintiff filed Motion for Delay Damages which was granted and case was settled for Nine Hundred Thousand ($900,000.00) Dollars. * CIVIL VERDICTS - AUTOMOBILE ACCIDENTS * Riccardo v. Kim - Plaintiff sustained fractured cervical vertebrae at C5-6 level which required two surgeries and metal screws, arising from a two vehicle automobile accident. Out-of-court settlement negotiated with responsible insurance carriers in amount of Four Hundred Thousand ($400,000.00) Dollars prior to trial. * Estate of Robert Kane v. Joseph Falco - Decedent killed while passenger in one-car accident where intoxicated driver lost control of vehicle. Wrongful death claim settlement negotiated with responsible insurance company in the amount of Six Hundred and Sixty Thousand ($660,000.00) Dollars prior to trial. * Vinnie Moss v. Baldi Transportation/Erie Insurance Company - Plaintiff awarded Two Hundred Thirty Five Thousand ($235,000.00) Dollars by jury after trial. Defendant trucking company bankrupt and uninsured. Uninsured motorist claim settlement negotiated with plaintiff's insurance company in the amount of Two Hundred Thousand ($200,00.00) Dollars. * CIVIL VERDICTS - LIQUOR LIABILITY * Gerald & Irene Kane v. Dublin Wine and Spirits and Commonwealth of PA - Plaintiff husband and wife sustained multiple injuries in head-on collision with drunk driver. Husband-plaintiff sustained head injury resulting in brain hemorrhage and coma, with substantial recovery. Wife-plaintiff sustained broken ankle. Out-of-court settlement successfully negotiated against defendants prior to trial. Husband's claim - Two Hundred Forty Thousand ($240,000.00) Dollars. Wife's claim - Ninety Thousand ($90,000.00) Dollars. (Bucks County)* Edward Pisarek v. Adriatric Club - Plaintiff police officer assaulted while on duty by intoxicated bar patron skilled in martial arts. Plaintiff sustained permanent partial hearing loss and multiple lacerations. Non-jury trial verdict in favor of plaintiff and against defendant in amount of One Hundred Fifty Thousand ($150,000.00) Dollars. (Philadelphia County) CIVIL VERDICTS - PRODUCT LIABILITY* Keith Rosenberger v. Galoob Toys, Inc. - Plaintiff sustained temporary partial loss of vision in one eye with increased risk of future glaucoma, when struck in eye by defendants' children's toy, while plaintiff demonstrated newly purchased toy for child. Out-of-court settlement successfully negotiated against defendants in the amount of One Hundred Fifty Thousand ($150,000.00) Dollars prior to trial. (Montgomery County)* Raymond Cost v. Caterpillar, Inc. - Plaintiff sustained partial amputation of his lower leg, when his foot was crushed in an unguarded pinchpoint of rotating couplings inside engine area, while plaintiff was performing maintenance of defendant's heavy trash compactor/metal shearer. Out-of-court settlement successfully negotiated against defendant in the amount of Four Hundred Seventy Five Thousand ($475,000.00) Dollars prior to trial. (Montgomery County)

If you or someone you know has been arrested, then you need to act quickly in securing legal counsel.

The firm of McMahon, McMahon & Lentz will effectively represent you through the investigation stages, arrest and bail hearing level, as well as the preliminary hearing, pre-trial motions (suppression), trial by jury or judge, and appeal if necessary. It is important that all your legal rights under the Pennsylvania and United States Constitutions are zealously protected.

A criminal matter may be brought in State or Federal court. Generally, a person is subject to prosecution in a State court for an offense that is committed within that state. A case that starts in State court may be later transferred to Federal court. A person may be subject to prosecution in a Federal court for conduct occurring within a State which is also criminalized by Federal law. In addition, criminal conduct occurring on Federally owned or controlled lands, American ships, or aircrafts are brought into Federal court.

In addition, in certain cases, you may be eligible for a special program known as “ARD” (Accelerated Rehabilitative Disposition) that allows a first time offender on DUI or certain theft related charges to avoid being “convicted” of an offense. Upon successful completion of the ARD program, an individual can also seek to have their criminal record expunged.

Accelerated Rehabilitative Disposition

The Accelerated Rehabilitative Disposition, commonly referred to as ARD, is an alternative to being convicted of a crime in the State of Pennsylvania. An individual who is allowed admission into the ARD program by the District Attorney’s Office will not be subject to the applicable mandatory minimum jail sentence and license suspension for a DUI offense. The ARD program is managed by the District Attorney’s Office in the county in which the crime occurred. It is usually granted to first-time DUI and theft offenders who are likely to benefit from the program. Upon successful completion of the program, you are eligible for an expungement of your arrest record.

The Law Office of McMahon, McMahon & Lentz will determine if you are eligible for admission into the ARD program, prepare the necessary documentation for timely application for the program, negotiate your admission with the District Attorney’s Office, attend the necessary hearings, and upon your successful completion of the program, obtain an expungement of your arrest record.

DUI-ARD Case

The most common offense that results in ARD being granted is Driving Under the Influence. A license suspension accompanies acceptance into the ARD program and is based on the blood alcohol content in your system at the time of the offense. ARD is typically not granted to DUI offenders who are involved in a serious car accident or who have a minor child inside the vehicle at the time of the offense. However, entry into the program is decided on a case-by-case basis, and is within the discretion of the District Attorney’s Office.

Theft-ARD Case

Another common offense that results in ARD being granted is Theft related offenses. This can include offenses, including but not limited to, Retail Theft, Theft by deception, Receiving Stolen Property, and Writing Bad Checks. Admission into the ARD program on a theft offense can depend on the amount of theft involved and whether the victim has been repaid.

The information contained herein should not be used as a substitute for personal legal advice. You should contact the Law Offices of McMahon, McMahon & Lentz to schedule a Consultation with an attorney who will speak to you regarding your specific situation.