Pennsylvania Recent Legal Answers from Lawyers

The problem here is that you got kicked out of the ARD program and then did not attend any further court hearings which would've been required to bring your case to a disposition so the Judge issued a bench warrant for your arrest. The only way to lift this bench warrant is to bring yourself before the court, and I would definitely recommend doing this with Attorney to set this up for you, to get the warrant lifted. You'll need to deal with not only having the warrant lifted, but also with the underlying case as well. As soon as you bring yourself before the court on the warrant, your case will essentially restart so you'll have to be hiring an attorney to represent you on the underlying case as well. You did not indicate which county in Pennsylvania this was in, but I'd be happy to talk to you further if you need assistance with this. ... Read Answer

Absolutely you need her to give you a promissory note and grant you a mortgage lien on the property.  The amount you are loaning her should not be considered a gift because it is in excess of the $19000 annual gift tax excusion.  So, if you do not set it up as a loan you could be hit with gift tax later on.  What you could do, however, is structure it as a loan upfront but forgive a little every year which as long as the amount forgiven is less than the gif tax threshold you willnot be considered to be giving a taxable gift.... Read Answer

In your situation, you probably need a good criminal attorney. For immigration purposes, you should engage an immigration attorney who also knows something about criminal law and how it affects immigration status – in other words, an attorney versed in what we term Crimmigration. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

An outright gift of 1/5 of the home to each son could trigger the federal gift tax.  There are better ways to protect your home from the potential loss of the home to pay for your care later in life.  Not only is the gift tax a consideration but the potential for not only giving your sons a share of the real estate but also a proportionate share of any debt or liens on the property.  You mention what happens if one divorces - you should also consider what happens if one incurs a liability in an accident or something.  There are a number of considerations before you go and give away a share of your home.  All of these questions and more can be addressed in a thorough discussion of your entire estate plan which if you have not done you should schedule soon.  If you're in your 70s with no plan you risk chaos once you pass away.... Read Answer

I would really suggest getting a lawyer to represent you privately. Had you had a private lawyer this very documentation would have likely already been procured and provided. I know that we have our clients do these things very early in their cases and provide it before the plea even occurs so there are never any licensing holdups. You've got quite a hole to dig out of here and it would make sense to get a lawyer on the job to work for you!... Read Answer

Based upon what you've indicated here, I think it's extremely likely you will be charged with possession of that cocaine. My guess is of the police indicated whether or not you would be charged.I would definitely recommend hiring attorney to be proactive and represent you in that matter hearing in the York area. The are some things that you can do proactively to get ahead of this that you really should be doing. T.L. Kearney, IV (717-668-8159 x1)... Read Answer

If you have been charged you are required to report this to Probation under standard probation conditions, and they will ultimately find it anyway. Get ahead of it and you should definitely have represenation from an attorney if you are charged. If you are not charged, and may never be charged, then don't out yourself to your PO. T.L. Kearney, IV (Ph: 717-668-8159   Email: TL@TLKearneyLaw.com) ... Read Answer

Hi, I would be happy to speak further about this DUI Charge with you. I will note that you can get DUIs for prescribed medicine. We see it actually very frequently.  Before chatting, I'd like to look your case up so I can review it and best prepare to discuss with you. Could I have a name and phone number to contact you at? In order to fix a DUI charge it is extremely important to be proactive. I have developed a Roadmap over many years of doing this that goes over exactly what needs to be done, who to contact, and how to do it. I like to provide my clients with this and make sure you fully understand it so you can begin getting us that ammunition to fix this. Being proactive too will likely greatly help the fallout that will be occurign since you are on State Parole. Getting ahead of this will be a big deal there as well. T.L. Kearney, IV Ph: 717-668-8159 x2... Read Answer

If the masonry contractor’s work caused debris, mortar, or dust to fall onto your property, the neighbor or the contractor may be responsible for the cleanup and any resulting damage. Even if your neighbor hired the contractor, the law generally holds the property owner and their contractor accountable for making sure work doesn’t damage or interfere with another person’s property. Start by taking photos or video of the mess, including dates and angles showing where the debris came from. Then politely notify your neighbor in writing (text or email is fine) that the work created a mess on your property and request that it be cleaned up or paid for within a reasonable time. If the neighbor refuses, you can contact the masonry company directly and explain what happened — they may fix it to avoid a complaint. If neither acts, you can file a claim in small claims court for the cost of cleaning and repairs. If the damage is significant or the contractor continues to trespass onto your property, consider speaking with a Pennsylvania property or construction law attorney for help enforcing your rights.... Read Answer

There are a lot of resources concerning parking lot safety and traffic flow. Today, parking lot traffic flow is done by the numbers. Argo insurance company publishes a good deal of literature on parking lot design. I am pointing to that reference because they published their work in easy to read non-technical language what you. What you need to do is compare the local ordinances industry standards and actual design of the parking lot and you should be able to determine if the design feature that caused your difficulty meets the industry standards or local ordinances. Also, look into the American Association of State Highway and transportation officials they publish comprehensive design manuals for roadways and Facilities like parking lots focusing on safety geometric design and traffic flow. While you're at it you might also want to look into the federal highway administration they publish guidelines, best practices, and research reports on managing traffic flow including design consideration controlled access facilities. In my practice I've used all of these resources.  ... Read Answer

Do you already have an existing work that you are seeking to publish? Or is this a concept that you are seeking to hire illustrators or animators for?   If you already have an existing work, please be aware that you have copyright protection in that work the instant it is created. This means that you have actually written, drawn, animated, recorded, etc. the story; it is not enough to have merely thought about the "idea" or "concept" of your story. It is not necessary to register the work immediately, but there are significant advantages to doing so, and the government fee is only $65.   If your work is not complete yet, then no copyright protection exists until you actually create a tangible work product such as a text or a video. There is no "registration" you can obtain for mere concepts or ideas.   If you are seeking a professional such as a writer, illustrator, or animator to make something for you, then it is critical to understand how authorship/ownership rights are established. In short, if you want to be considered the sole author and owner of the work, then it is necessary for you to have a written agreement with the professional that explicitly states that the work will be considered a "work for hire" and that the professional will not obtain any rights. If you fail to do that, the professional will be considered the author of the work and will have the initial copyright ownership in the work, and this can create major complications for you down the road.   It may be helpful to have the professional sign a nondisclosure agreement that would forbid them from using the information you discuss with them (such as your characters and story) to create a competing story. However, not all professionals will be willing to sign such agreements.... Read Answer

Short answer, no, the laws are not the same.  The transaction you describe is a combination of estate administration (specifically, the transfer of the home from what I presume is joint names to your name alone) with a secondary objective of leaving that property to your niece upon your death.  The structure of the deed would need to comply with the laws regarding joint ownership of property where the property is located or your objective could conceivably fail after you're gone.  That being said, there are multiple ways to achieve what you are trying to do.  A Maryland attorney could certainly draft a deed but if your husband's estate has not been administered you may need a PA attorney to represent you in that aspect.  A MD attorney can do certain things in PA but appearing in court for estate administration without a PA license would be a no-no.... Read Answer

If i understand your situation your ex spent money using your debit card and with your authorization but due to his or her error he or she spent more than he or she was supposed to and spent some of your money instead of the money you had informally separated into the savongs account.  Just as if your ex took cash out of a drawer at home his or her spending your money using a debit card is essentially the same.  You indeed can try to bring an action in theMagisterial District Court to collect the money (I say Magisterial District Court because if the amount is less than $12,000 that is where uou begin).... Read Answer

I’m sorry you’re still in pain. A pressure sore on the tongue and a persistent sore throat that began right after surgery may point to a complication from intubation or another aspect of the procedure, but proving malpractice requires more than showing you’re still hurting. You need evidence that the surgical team deviated from accepted standards of care. Begin by consulting your surgeon or an ENT specialist for a thorough examination and documentation of your symptoms. Request copies of your operative report and anesthesia records as well. If another doctor confirms the injury was likely caused by improper intubation, positioning, or post-operative care, bring those records to an attorney. In Pennsylvania, you generally have two years from when you knew or should have known something went wrong to file suit, but an attorney will need time to obtain expert reviews before proceeding. In the meantime, focus on treatment to prevent further damage and to ease your pain. Also, pursue medical documentation that could support any potential claim you might pursue later.... Read Answer

I’m so sorry your wife is still living with this pain. Unfortunately, the legal door closed a while ago. In Ohio, the two-year deadline for injury lawsuits ran out when she reached adulthood, and the release her parents signed would block any new claim. Even so, she isn’t without help. If her pain keeps her from working, a disability lawyer can guide her through applying for SSDI or SSI, and her doctor can refer her to a pain clinic. I know this doesn’t feel like the justice she deserved, but it can bring real financial relief and better day-to-day care. ... Read Answer