Pennsylvania Recent Legal Answers from Lawyers

Is it legal?  Sure.  Is it necessary?  Maybe not.  Probation is given wide latitude in what conditions they request for offenders.  They have to substantiate those requests to a judge who then orders them.  Again probation and parole are not rights, they are jail alternatives.  If you don't believe the conditions are necessary you could ask the court to reconsider but you should talk to local counsel before doing so.  ... Read More

They can hold him while the criminal charges are pending.  In general, they will wait until the criminal matter is disposed of before dealing with the probation offense.  As a practical matter, where possible, good attorneys do everything together.  That means scheduling the plea and the violation at the same time to minimize impact to the client.  Where not possible, you seek to do them as close in time as is practical.  The key here is minimizing consecutive time.  To reiterate the answer to the question is the detainer generally does not get lifted until the criminal case is resolved. ... Read More

Depends on what you mean by "got caught?"  If the Loss Prevention Officer took you into a back office and interrogated you but didnt call the police, there is a fairly good chance that was the worst of it.  They might serve you with a no trespass letter which means you can't go back to that store.  If they called the police it means you will likely be charged with a summary retail theft.  If you have priors you might be charged with a misdemeanor or felony as well.  The key to remember is you have defenses (even to retail theft).  Don't talk to the police without your attorney present.  IF you don't have an attorney get one.  ... Read More

The short answer to this question is, no, you cannot.  The much longer answer is that once the Commonwealth brings charges, you are no longer in control of the case.  You are just a critical witness to the case.  There may be other reasons that they want to bring the charges even if you are not cooperative (for instance they are charged with protecting the community).  You should have been assigned a victim advocate with the DA's office.  You should call this person or the assigned DA and make your feelings known.  If anyone has threatened you or asked you to change your testimony they can be prosecuted.  Also, there are mechanisms available for you to get counselling, which is not a sign of weakness, that you can avail yourself of.  I am sorry you are dealing with this stress, as a victim you have the right to be heard, make sure they are listening.  ... Read More

Can you?  Sure.  Will you?  Incredibly unlikely.  This is a fairly common scam on the internet.  Send naked pictures, the "father" contacts you extorting money or else.  Your best advise is to have no contact with these people.  If the police contact you do not talk about the case until you have discussed the matter with a local defense attorney.  ... Read More

The challenge here as with any question is that there are no magic words you can speak that will open up the realm of valhalla.  Getting charges dismissed is certainly possible, but it takes careful review of the facts.  Many of these double transactions are so that cash can be pocketed.  If they didn't find money on you that is certainly good for your case.  There may be other factors however, that are not so good for you. The Commonwealth rarely just dismisses charges where they believe that they had probable cause to charge you in the first place.  The best, and often only way, to get charges dismissed is to win at trial.  Your best bet is to hire a local attorney who is familiar with such matters.  They will be able to walk you through the particulars.  ... Read More

If the charge was dismissed as you say you can simply apply for expungement.  If it was part of a larger agreement where other charges were pleaded to, the Commonwealth may argue that to preserve the record it should remain.  However, it is up to the judges discretion at that point.  If your case was simply expunged you are eligible to have the charges removed and can file the appropriate petition with the local clerk of courts.  ... Read More

If your mother is receiving Medicaid, she is regarded as having access to 100% of the joint account.  That money should all go to her care.  Any gift (and this could well be seen as a gift) of $200 or more in the five years before she applies for Medicaid could disqualify her for a certain period of time.  You might do well to consult with an elder lawyer.  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

OK, the most important response to this question is that charged is very different than convicted.  Which is a short way of answering your entire question.  To charge someone with a crime the police need probable cause.  That means they have specific and articulable facts that led them to believe you committed a crime.  To convict someone you need proof beyond a reasonable doubt.  That is the highest burden of proof in the court system.  You have been charged, that does not mean you will be convicted.   Now let's unpack your case.  They can establish you were driving through circumstantial evidence, for instance, was it your car?  Don't answer that unless you are speaking confidentially with an attorney.  Secondly, have the police seen you operating that car in the past.  The same with the possession.  If they had information that you were dealing the specific drugs found that would be circumstantial evidence that the drugs were yours.  They can also prove it by looking through the bag and finding your belongings or identification.  A common method of proof is when the ID/Wallet of the accused is found in the backpack.   Importantly, circumstantial evidence is sufficient for a conviction but that does not make it easy.  As you point out in your summation of the facts there are some discrepancies that would argue against your having committed the crime.  Importantly, there are some assertions that may flat out be incorrect.  That would call the officer's credibility into question.   All of that being said, if you are charged in this matter you need experienced representation.  Trial on these issues is not something to be attempted by people without experience.  TV is not a fair representation of trial and a trial can be one on small issues an untrained eye may miss.  Talk to a local experienced defense attorney and let them walk you through the various outcomes and expectations. ... Read More

If the insurance check is made to you both with "OR," you need not trouble your brother to sign as your mother's agent under a Durable Power of Attorney in order to deposit it.  If the word "AND" is used, you may need to do so. Unless your mother lacks legal capacity, she can sign a deed gifting her interest now (not a good idea as it would disqualify her for Medicaid for a time) or on her death. In some states, any heir can ask the court to look into the apparently suspicious dealings of an agent under a Durable Power of Attorney.  In all states, the suspicious dealings can be reported to Adult Protective Services. If you would like to consult with an elder lawyer, you can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

Get a written lease (in exchange for caregiving), extending a certain number of months after your grandfather moves to a facility or dies.  Note that even with a written lease, your uncle can demand his share of the proceeds from sale of the house with a suit for partition.  This would require you, your family and your grandfather to move.... Read More

You can make your wishes known the prosecutor.  The problem is you are just a witness in the case.  The Commonwealth has control of the prosecution and they can compel you to testify if needed.  Especially in Domestic Violence cases the victim does not want to testify by the Commonwealth has the duty to protect everyone and your abuser may represent a danger to the community, in which case your wishes are less important than the greater good.  Speak openly and honestly with the prosecution and consider retaining your own counsel if things start to get messy.  ... Read More

Review 18 Pa.C.S. 4904.  Unsworn Falsification to Law Enforcement.  If you give them information you know to not be true it can be punished by fines and up to a year in jail.  It is HIGHLY unlikely you would get a jail sentence, but a misdemeanor charge can stay on your record and cause you a lot of trouble down the road.  If you think you may be charged you should talk to a local Defense Attorney to walk you through the potential outcomes if... IF... you are charged.  ... Read More

There is no remedy in Pennsylvania that will allow you to relitigate a case that old.  Your best bet may be to apply for a Governor's Pardon.  This is a long and involved process but if you have been crime free for 20 years and this is the only crime against you would have a decent chance of earning a pardon.   Once the case is Pardoned it would be the same as an acquittal and you could have it expunged from your record.  ... Read More

In general, if you have no other type of criminal history, you would be eligible for a diversion program.  I am not sure ARD for a summary retail theft is the best possible outcome.  To be sure you should contact a local attorney.  Many district Courts have their own diversion programs for these types of cases that would save you a substantial amount of money (ARD is not usually inexpensive).  Pleading guilty is almost always a mistake unless its the option of last resort.  If you have a retail theft (even a summary) it can make it substantially harder to find work.  ... Read More

If you were stopped for a motor vehicle violation the statute of limitations it 30 days.  There is some leeway if the driver is unknown but it would not extend it to 5 years.  Were you charged?  If you were charged they only have so long to bring the case to trial unless you are wilfully not present.  Then they have to show that they tried to serve you.  You should talk to a traffic attorney in the jurisdiction you were cited or believe you may have been cited. ... Read More

The answer to your question depends on whether she was able to identify you.  She is not required to ask you anything if she can independantly identify you.  However, if she misidentified you, IE handed you a ticket with someone else's name on it you might have a defense.  ... Read More

I will assume for purposes of your question that you are a US citizen. I will also assume that you married their parent before they turned 18. Otherwise there is no relationship recognizable in immigration law and they would have to be petitioned for by their parent. Under the above conditions, it will take a long time for you to immigrate the child over the age of 21 as the F-1 category for US citizens petitioning for adult unmarried sons and daughters is only available to those who filed immigrant visa petitions by December 15, 2011. If you file I-130 immigrant visa petitions on behalf of the two children who are under the age of 21, they would fall under the category of immediate relatives of a US citizen and should be able to immigrate within approximately one year. However, if you decide not to sponsor them until they reach the age of 21, they would be in the same situation of the first child. If you sponsor them now, but they do not immigrate for years, you and they will have to keep in contact with the National Visa Center to ensure that their cases are not terminated because of future inaction. Present immigration filing fees for form I-130 are $535. We do not quote our fees publicly although they are reasonable. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 More

Do you want the service contract?  If not, write the dealership that you never agreed to the service contract and yoiur isgnature was forged, and ask them to confirm in writing that you have no service contract with them.  If they refuse to do so, sue them seeking a declaratory judgment that the service contract is null and void due to forgery.... Read More

It should be listed in an Amended Small Estate Affidavit.  After an Order approving the Amended Small Estate Affidavit has been signed, a bank account should be opened in the name of the estate and the check deposited.  The funds should then be distributed to the heirs according to the state's laws of intestacy.... Read More

If the B-2 extension application is ultimately approved or the applicant leaves the US during the time of pendency, the B-2 visa should not be affected as long as the application was timely filed and nonfrivolous. On the other hand, if you are here in the US at the time that the I-539 is adjudicated and denied, the B-2 visa would automatically be void and the counting of unlawful presence would begin.  Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 More