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Outstanding Results

Civil Litigation

 

April 19, 2023: Douglas P. Earl, Esquire represents Tamara Draper before the Board of License and Inspection Review on Appeal from the disapproval of her application for a Firearms Permit. Ms. Draper is now approved and has her Firearms Permit.

 

Samuel Wilson v. Valerie Lipford and Tony Camillo, Philadelphia Common Pleas Case No. 890801114. Mr. Earl represents songwriter Tony Camillo against a breach of contract lawsuit filed by Samuel Wilson. Mr. Earl filed to have a judgement against Mr. Camillo vacated. The Court vacates the judgement against Mr. Camillo. The Court holds a trial and finds in favor of Mr. Camillo. Tony Camillo wrote songs for Gladys Knight and the Pips. Mr. Camillo also wrote many hits from the 70s such as “Band of Gold” and “Wanted Young Man Single and Free.”

 

Douglas P. Earl, Esquire obtains a substantial settlement for a teenager and his parents. The child was abused at a children’s birthday party. The birthday boy’s uncle was a sex offender.

 

Douglas P. Earl, Esquire obtains a substantial settlement for a child that was playing outside when he was assaulted by an unsupervised sex offender.

 

Civil Forfeitures

 

October 30, 2020: In the Matter of Seizure of Twenty Thousand Dollars and Zero Cents ($20,000) in United States Currency.  Douglas P. Earl, Esquire represents family member whose relative had $20,000 seized by the Drug Enforcement Agency (DEA).  DEA claimed there was residue of cocaine on the money.  DEA agrees to return money.

 

Commonwealth of Pennsylvania vs. In RE: $29,600.00 U.S Currency and Six (6) Mastercard Debit Cards, No. CP-14-MD-1896-2015. Ask the Woman who had $30,000 seized by the Pennsylvania State Police near Penn State returned to her. Mr. Earl went to Centre County in Bellefonte, Pennsylvania, fought in court and after a difficult fight the money was ordered to be returned to her.

 

Commonwealth of Pennsylvania v. 1992 Chevrolet, 844 A2d 583 (Pa.Cmwlth.2004). Douglas P. Earl, Esquire wins an appeal from a forfeiture order. The client Theresa Hill was an innocent owner of a vehicle that was seized by the police.

 

Child Custody

February 15, 2024: N.S. vs. A.P. – Father wins fight for primary custody! Douglas P. Earl, Esquire represents father in petitioning Family Court to change the custody order. Father has partial physical custody. He wants primary physical custody of his seven year old son. Court grants Father’s petition for primary custody. First there was hearing with judge who ordered therapy for the child and continued the case. Judge grants father primary custody at second hearing with judge after the evidence shows the child was not being treated right at the home of the mother.

 

April 17, 2023: Nyesha Glenn vs. Quanza Taylor and Quamair Hunter – Another success story. Douglas P. Earl, Esquire represents Nyesha Glenn. Her three month old baby was in the custody of the father and the paternal grandmother. Judge orders the baby returned to the mother after a contested hearing. Mr. Earl was ready with exhibits including an email from the hospital social worker.

 

April 10, 2023: MYRIAMGELIZ MORALES-GARCIA vs. ELVIN DONATE DEJESUS, Philadelphia Family Court – Douglas P. Earl, Esquire represents Myriamgeliz Morales-Garcia in an Emergency Custody Petition. Children were taken to Cameron County by Father. Father claims children were abused. Judge grants Emergency Custody and Orders return of children to Mother.

 

March 31, 2023: Faoud Baksh vs. Coleen De Freitas – Douglas P. Earl, Esquire represents Coleen De Freitas, the mother, in Philadelphia Family Court in her quest for her 5 year old son relocate and live with her on Long Island, New York.  Child had been living with Father in Philadelphia.  Judge grants Mother’s request. Child will be living with Mother in Long Island.  It was a hard fought battle.  Mother won because her exhibits, many photographs of the Child with Mother and her other children as well as information about proposed school, were presented to the Judge.

 

November 6, 2020: Velazquez vs. Jabarin, Philadelphia Family Court Judge grants Mother’s Contempt petition against father. Father withheld child claiming that it was not safe for child to travel because of corona virus. Mother lives in Florida. Judge grants Attorney Earl’s request that Mother start period of shared custody of four year old child , plus Mother have make up time for missed time with child. Judge also grants Attorney Earl’s request that Mother be reimbursed for the attorney fees she paid Mr. Earl.

 

October 23, 2020: Smith vs. Riley, Philadelphia Family Court – Douglas P. Earl, Esquire successfully defends Mother against Petition to Modify Custody Order by Father claiming that Mother allowed a prohibited party from being with their 8 year old daughter. Custody Order was that boyfriend of Mother could not be in presence of child. Boyfriend of Mother had a conviction for firearm offense. Father produced video of boyfriend of Mother being in the presence of the child. Attorney Earl argued that child should testify. Attorney Earl cross examined Father to bring to the attention of the court that the daughter was a happy child. Firearm offense not enumerated offense in Domestic Relations Custody law. Judge denied request by Father to have primary custody. Court changed Order to permit the live in boyfriend to live with Mother and child. Child testified that she was bonded with boyfriend and the other child of boyfriend. See also google review. Testimony also clear that Mother active in meeting needs of child.

 

A.S v. M.K In the Superior Court Of Pennsylvania No. 3009 EDA 2012, Douglas P. Earl, Esquire wins an appeal of a bitterly fought custody case for the step-mother in a case where the father died.

 

J.G vs. I.M and L.V. S, DR No. XC0800397: Permanent Custody Order of 12 year old granted to Lieutenant Colonel, who is the paternal uncle. Child was living with grandmother when grandmother passed, paternal uncle showed the greatest interest in the child and has the best home for the child.

 

Adoption

 

Douglas P. Earl, Esquire wins adoption case brought by mother and step-father In the Interest of: S.E.E., A Minor, Appeal of: M.S, Mother, and S.S, Step-Father, Superior Court of Pennsylvania No. 1779 EDA 2017, decided January 8, 2018. Court agrees that Family Court Judge abused its discretion when denying the Petition to Involuntary Terminate Parental Rights and allow the step-father to adopt the child.

 

Child Abuse 

 

June 21, 2023: Douglas P. Earl, Esquire represented L.P. against a finding she was a perpetrator of child abuse by the Children and Youth Division of the Department of Human Services.  The Hearing was before the Bureau of Hearings and Appeals of the Department of Human Services of Pennsylvania.

 

L.P. wins!

 

L.P. was accused of Child Abuse because a pill box was containing a pink ecstasy pill was unzippered.  L.P. was with her child.  L.P. was a selecting a television program and did not see the child take the pill out of the pill box during a period of only a minute.  L.P. took immediate action when she noticed what happened.  The child was immediately taken to the hospital. The child showed no signs ecstasy ingestion although there was pink residue on the lips of the child.

 

The Judge agreed that L.P. did not commit Child Abuse.  The Law Derpartment and DHS vigorously pursued a case of Child Abuse against L.P.  This is where you need protection.  A Finding of Child Abuse can prevent you from working around children.   Mr. Earl has protected people against overzealous social workers.

 

Douglas P. Earl, Esquire knows how to fight against Children and Youth. Do not be intimidated. Mr. Earl will fight for you. You will be surprised how one decision by a social worker assigned to investigate a claim of child abuse against you may set in motion a whole series of events which start taking away your rights. You will also be surprised that a decision by a social worker or therapist may be biased and not supported by the evidence.

 

E.B. In Re: M.L BHA Docket No. 021-18-0933: Children and Youth division of Philadelphia Department of Human Services filed an indicated report of child abuse against Father based upon bruises. Judge grants appeal and orders child abuse record expunged. Judge rules no substantial evidence of impairment or substantial pain.

 

Protection From Abuse, Domestic Violence/Restraining Orders

 

October 30, 2023: M.N.W. vs. D.G.M., Protection from Abuse – Douglas P. Earl, Esquire represents D.G.M. against a Protection from Abuse Petition filed by his ex-live in girlfriend M.N.W. Judge dismisses PFA petition. M.N.W. claimed that D.G.M. assaulted and intimidated her. She testified that she was afraid of D.G.M. Douglas P. Earl, Esquire was ready with a strong cross examination and defense. Ex-girlfriend had their six year old daughter testify. Two sisters of D.G.M. testified. One sister testified that she was on the phone with D.G.M. and overheard an argument but no threats or violence. The second sister testified that the six year old child of M.N.W. and D.G.M. went to her house after the argument for dinner and the child was fine.

 

June 28, 2023: B.B. vs. G.T., Protection from Abuse – Douglas P. Earl, Esquire represents B.B. in a Petition for Reconsideration of a Protection from Abuse Petition B.B. filed. The Court had dismissed the Protection from Abuse Petition of B.B. when B.B. represented himself. The Court in the Reconsideration with Mr. Earl representing B.B. granted a final Protection from Abuse Order against G.T. The Court was able to see evidence of text messages from G.T. to B.B. B.B. also testified.

 

October 1, 2020: Protection From Abuse petition filed by moher of client’s children is dismissed after a contested hearing.  Mother claimed that my client the Father told her “He was going to whoop my ass.”  Mother claimed that Father in the past had busted her lip, and pulled her hair.  Mother testified that she was afraid of Father.  Defense successful that Mother was trying to get an advantage in custody court, that there was no police involvement, medical care, and there was no text messages.  V.D. vs. J.M., Case No. 2009V7199

 

W.C. vs. C.M. Mr. Earl defends a father against abuse allegations against him by his mother-in-law. Mother-in-law claimed the father threatened to burn her house down and have ‘people’ deal with her. Mr. Earl exposed the truth in his defense. The case was dismissed.

 

V.C vs. R.C: Mr. Earl defends adult daughter against allegations of abuse in a Protection From Abuse case brought by adult Mother. Case was dismissed. Adult Mother was represented by attorney from Senior Law Center. Mother accused client of threatening her numerous times. Case had to go to court three times because the Court did not call the case for a hearing the first two times it was before a Judge. The Court claimed it had a crowded docket. Mother claimed she was in fear. Mr. Earl cross examined Mother that her actions did not show this.

 

Mr. Earl defends a police officer who is accused by her sister of hitting her over the head with a beer bottle and after the incident, threatening to go to her house. Defense of self-defense, Judge dismisses the Protection From Abuse Petition against the police officer.

 

Mr. Earl defends an ex-husband accused of abuse and stalking be ex-wife. Case is resolved with the dismissal after a period of no further problems.

 

Mr. Earl defends a man accused of threatening to send family members to the residence of his ex-girlfriend to assault her. Ex-girlfriend brings text message of threat to court. Case was dismissed.

 

Mr. Earl represents a medical student in obtaining a Protection From Abuse Order against an ex-boyfriend.

 

Douglas P. Earl, Esquire defends a father on January 22, 2018 who is accused by his ex-wife of abusing their 15 year old daughter. Mr. Earl prepares the father and his girlfriend for the abuse hearing. He prepares the cross-examination questions of the 15 year old daughter. Father was trying to discipline his daughter over graphic posts on social media and sexting. Case against Father was dismissed after a full hearing.

 

Douglas P. Earl, Esquire defends a man accused of threatening to shoot his ex girlfriend as well as the charges of false imprisonment, terroristic threats, and unlawful restraint after a trial on December 19, 2018. NOT GUILTY VERDICT.

 

Douglas P. Earl, Esquire represented husband in Protection From Abuse case T.M vs. A.M PFA Case No. 1806V7922. Case dismissed. Client accused of threatening wife with a gun.

 

Douglas P. Earl, Esquire represented wife in Protection From Abuse case S.D vs. J.D Case No. 1909V7240. Client granted final three year Protection From Abuse Order. Husband banged on window frightening wife.

 

Child Support

 

July 19, 2023: M.A.G. vs. K.D.M., In Support – Douglas P. Earl, Esquire brings K.D.M. to Family Court to clear up a bench warrant. K.D.M. has arrears over $24,000.00 and had his license suspended. K.D.M. had not been paying support for over a year. Court orders bench warrant withdrawn and K.D.M.’s driver’s license reinstated.

 

Douglas P. Earl, Esquire wins on an appeal of a child support case from an order where half of the father’s income was garnished.

 

Keisha Hamilton v. Andre E. Hamilton, In the Superior Court of Pennsylvania, No. 1443 EDA 2016, Mr. Earl represents father. Mr. Hamilton wins his appeal. The Superior Court agrees that Family Court was wrong by imputing income to him.

 

Criminal Cases

 

September 28, 2023: Commonwealth of Pennsylvania vs. Khalil Outen, MC-51-CR-0003060-2023 – A date of client accused client of assaulting her after a Super Bowl party. Judge finds that there might have been a tussle but that there was no crime committed. District Attorneys brought out at the trial photos of bruises and a damaged lip. The defense brought out that the complaining witness was contacting my client after the incident. The Court dismissed all charges.

 

February 3, 2023: Commonwealth vs. Rogers, Municipal Court of Philadelphia – Case Dismissed. Client was arrested because he used a firearm, which he lawfully possessed and had a gun permit, against a criminal who was stealing his car. Client was taking out the trash when he saw the car thief. Police arrested him and charged him with assault, reckless endangerment, and possession of instrument of crime with intent because he told the police that he fired at the thief for stealing his car. Attorney Douglas Earl’s defense was based on Corpus Delicti rule.

 

Commonwealth v. J.L. Common Pleas Court Criminal Division: Douglas P. Earl, Esquire defends college student against assault charges in a four co-defendant trial. The District Attorney has video of incident. Client found NOT GUILTY.

 

Commonwealth v. Shyneice James; Douglas P. Earl, Esquire takes over case after jury convicts Ms. James of Aggravated Assault on her baby. Ms. James and her boyfriend were arguing in bed. Child was stabbed in the head resulting in serious injury. Boyfriend had the knife. The District Office agrees on appeal that Ms. James should not have been convicted of aggravated assault.

 

Douglas P. Earl, Esquire represents client in an appeal who was found to be a Sexually Violent Predator (“SVP”) in the case of Commonwealth v. M.F. 461 EDA 2017. Superior Court reverses SVP status. Client is no longer a Sexually Violent Predator and subject to lifetime registration. Client is no longer required to report on a monthly basis.

 

Commonwealth v. Chantelle Miller: Client was released from prison in Lehigh County. Mr. Earl was contacted on Saturday that woman was arrested on a probation warrant without bail on Friday night and was transported from the Melbourne Police Department to the Lehigh County Prison. Judge signs Order for release on Thursday, October 3, 2019. Probation Officer stated that client would have to wait until October 14, 2019 to see the Judge. Mr. Earl began working on clients case the moment he was retained. Mr. Earl spoke with the Public Defenders Office and Mr. Earl wrote a detailed letter to the Chief Deputy District Attorney.

 

Ask the young Woman never arrested in her life who found herself incarcerated in Clearfield County. Mr. Earl fought for her and she was released. She was alone until Mr. Earl arrived.

 

United States v. Jose Artemillo-Castillo; U.S. District Court E.D. of PA (2006); Secured an acquittal after a 3 co-defendant jury trial in which the Defendant was charged with the distribution of 5 Kilograms or More of Cocaine and Aiding and Abetting. Client faced potential life imprisonment. Also obtained release from detention prior to the trial.

 

United States v. Devin Barnes; U.S. District Court E.D. of PA (2008); Mr. Barnes sentenced for two robberies involving firearms under the Hobbs Act. Defendant sentenced to total of 9 months confinement.

 

Commonwealth v. Brandon Dukes, Aggravated Assault charges against client dismissed. Client accused of biting, choking, and assaulting his pregnant girlfriend.

 

Commonwealth v. Hector Mendez; Philadelphia County Court of Common Pleas (2005); Mr. Mendez was found not guilty in jury trial of Rape, Involuntary Deviate Sexual Intercourse, Sexual Assault, Indecent Assault, Unlawful Restraint, Simple Assault, Indecent Exposure.

 

Commonwealth v. Basemy Gabriel, Philadelphia County Court of Common Pleas (2011); Mr. Gabriel sentenced to minimum sentence of three years imprisonment for third degree murder.

 

Commonwealth v. David Dlabik, Montgomery County Court of Common Pleas (2015); Mr. Dlabik given credit for being in a recovery house. He does not have to serve a mandatory term of imprisonment of one year for his third DUI conviction.

 

Commonwealth of Pennsylvania v. Rene Vega, No. 2053 EDA 2015 Firearms conviction reversed. Client was chased by police, arrested in the bathroom of a barber shop. Firearm recovered by the police from the ceiling. Superior Court vacates the conviction holding that there was not enough evidence of client possessing the gun.

 

Douglas P. Earl, Esquire defends a man against child pornography.The Federal Sentencing Guidelines recommended nine years incarceration. The man is sentenced to one day incarceration followed by a lengthy period of supervised release which includes ongoing therapy.

 

Douglas P. Earl, Esquire wins the judgment of acquittal on Driving Under the Influence (DUI) case, Commonwealth v. Byron Brown. Blood test not used against Mr. Brown in trial because his rights were violated.

 

Douglas P. Earl, Esquire gets a NOT GUILTY verdict in the case of Commonwealth v. Conti in which the client was on trial for driving with a suspended license DUI. If Mr. Conti was convicted, he would have faced a mandatory 90 day jail term.

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