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)

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Expedited Pennsylvania Pardon for Marijuana Convictions

Expedited Pennsylvania Pardon for Marijuana Convictions

We’ll cut to the chase: if you are a resident of this Commonwealth and have a past conviction for a non-violent marijuana offense, now is the time to contact a Pennsylvania pardon attorney to apply for a pardon. Governor Wolf’s desire to legalize recreational marijuana in Pennsylvania is no secret. To that end, in the […]

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Does ARD Count As a Prior DUI Offense in Pennsylvania? Not anymore.

Does ARD Count As a Prior DUI Offense in Pennsylvania? Not anymore.

The Pennsylvania Superior Court has ruled that the portion of Pennsylvania’s DUI statute which defines acceptance into ARD  as a “prior offense” for sentencing enhancement purposes is unconstitutional. In Pennsylvania, a person charged with a first offense DUI is generally eligible for pretrial diversionary program called Accelerated Rehabilitative Disposition (ARD). One of the primary benefits […]

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Reducing Inmate Population At Montgomery County Jail Amid the Novel Corona Virus COVID-19

Reducing Inmate Population At Montgomery County Jail Amid the Novel Corona Virus COVID-19

The Montgomery County Correctional Facility has now had three correctional officers test positive for the novel corona virus COVID-19. The County reports that those officers are currently quarantined, that contact tracing is complete, and that no contacts with inmates have been identified. Fortunately, as of March 30, 2020, there have been no reports of inmates […]

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Pennsylvania Supreme Court Hears Challenge to Amended Sex Offender Registry Law

  The Pennsylvania Supreme Court recently heard oral argument in Commonwealth v. LaCombe, 35 MAP 2018. The case is being considered by Pennsylvania’s high court after the Commonwealth appealed our stunning victory in which Judge William R. Carpenter of the Montgomery County Court of Common Pleas granted our Motion to Terminate Petitioner’s Lifetime Sexual Offense […]

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PA Resentencing Guidelines for Probation Violations

Pennsylvania criminal defense attorneys who handle Montgomery County probation violation cases, have long awaited the statewide standards and guidelines for the re-sentencing of those who violate their Montgomery County probation or Intermediate Punishment Program. Recently, the Pennsylvania legislature enacted “Resentencing Guidelines” for offenders who violate their county probation, or State Intermediate punishment on or after […]

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SORNA Found Unconstitutional Despite Amendments

SORNA Found Unconstitutional Despite Amendments

On June 22, 2018, a Montgomery County Judge ruled that the retroactive application of the recently amended Pennsylvania Sexual Offender Registration and Notification Act (“SORNA”) is Unconstitutional Last Friday, June 22, 2018, Montgomery County Judge William R. Carpenter granted our Motion to Terminate Sexual Offender Registration Requirements under the new, revised Pennsylvania “SORNA” statute enacted […]

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Defense Lawyer Talks Cosby Case

Montgomery County criminal lawyer John I. McMahon, Jr., Esquire sat down with reporters and provided legal analysis on developments in the Cosby case involving felony sexual assault charges.  In March of this year, the Montgomery County judge presiding over Cosby’s criminal retrial ruled that five other witnesses who have accused Cosby of sexual assault, or […]

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