Blog Posts

Partner Rich Daubenberger successfully obtained a verdict of NOT GUILTY following a DUI trial.  The alleged Defendant was pulled over on Route 202 in Delaware County.  The State Police alleged he was intoxicated and incapable of operating a motor vehicle safely.  However, the videographic evidence obtained by the defense proved crucial in proving that our client was not intoxicated.  Now Partner Rich Daubenberger will begin the process of expunging the fact that our client was even arrested! Remember that evidence is not always preserved.  It is imperative that your attorney obtain and preserve evidence immediately! Expungement Never forget that you can expunge many DUIs and many other cases!  Expunging a criminal conviction from your record means that it will be sealed from public and state views. DUI convictions can be expunged under limited circumstances. Also, a DUI is eligible to be expunged if a you successfully complete the Accelerated Rehabilitative Disposition (ARD) program. Remember that ARD is not guaranteed.  You must apply for it and be accepted.  Finally, there are Fast Track options that can reduce your penalties. ARD expungements cannot expunge PennDot driving histories.  However, those records are automatically expunged after ten years. A DUI that was dismissed because…

In a stunning reversal the PA Supreme Court in Com. V. Alexander (decided on Dec. 22, 2020) ruled that a Search Warrant IS required to search a vehicle unless there is BOTH probable cause to believe a crime occurred AND emergency circumstances that require immediate action.  The Court overruled its 2014 decision in Gary  that permitted searches of vehicles if the police believed contraband was present.

All clients of Musi, Merkins, Daubenberger & Clark please be advised that the President Judge has Ordered all Delaware County Preliminary Hearings scheduled through Jan. 1 be continued without need of appearing due to the pandemic.  You will receive new notice via mail of your court date.

Partner Richard Daubenberger successfully defended an alleged Felony 1 Burglary looting charge that stemmed from a valid and lawful BLM protest in Montgomery County.  All criminal charges were withdrawn by the Commonwealth at the close of the testimony from the Preliminary Hearing.

Delaware County President Judge Kevin Kelly postponed ALL community service sentencing conditions imposed by the courts or domestic relations as a result of the ongoing judicial emergency/pandemic.  Please note that this Order does NOT reduce the hours that must be performed, but rather temporarily delays the performance thereof.