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Questions Answered by Roy L. Galloway III

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Retail Theft

If a person (18.3 ysr) is given non traffic citation for 'Retail Theft' in Chester county in PA a day agao. What should be done to reduce the repurcussion to minimal so that there is no record and his studies and future career is not impacted.By what time next step has to be taken.

Roy L. Galloway III answered on Sep 11, 2014

If you have no prior criminal history, you and your attorney should consider applying for the Acc elerated Rehabilitative Disposition (ARD) program. ARD is a pretrial program designed for non-violent and non-felony offenses whereby you agree to be on probation, you pay a fee for entry into the... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Are records automatically expunged if charges are dropped involving possession with intent to distribute 3heroin bricks.

Person was charged and held 6 days, held over for trial. Trail was 18 months after arrest rather than within 12 so defense was going to request they be dropped based on rule 600 but the DA dismissed and defendant had charges expunged. I thought the only way was for ARD or cooperating to get them... Read more »

Roy L. Galloway III answered on Sep 11, 2014

If your charges have been expunged, you should have received a copy of a court order granting a Petition For Expungement. If you never received a court order expunging your record, chances are you still have an arrest record.

You should check with your lawyer to see if he/she received an...
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1 Answer | Asked in Child Custody for Pennsylvania on

Q: I have a 14 year old son can I give up right with out supporting him I dont have money for support help

He lies steals m.f. hole family police called 15 times nothing done one time had an evaluation done but he fold them smoke pot

Roy L. Galloway III answered on Jul 24, 2014

Your obligation to pay child support won't cease until the child becomes an adult or your parental rights are terminated by a court. Of course, you won't have to pay support unless the other parent seeks a support order from domestic relations.

1 Answer | Asked in Family Law for Pennsylvania on

Q: my boyfriend is fighting for custody of his sons can they freeze his child support payments

Roy L. Galloway III answered on Jul 24, 2014

No. The fact that he is seeking custody in court does not negate his obligation to pay support in PA. However, if he wins primary physical custody, he no longer has to pay support and should file with domestic relations to have his support terminated and he would be entitled to support. Also, if he... Read more »

1 Answer | Asked in Family Law for Pennsylvania on

Q: If my daughter n her ex have joint custody and he takes the kids out of state without her permission what can she do

Roy L. Galloway III answered on Jul 24, 2014

File for contempt and request that the court enter an order directing father to return the child.

Additionally, it won't hurt to call the local police where the father lives to report the incident.

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Should I talk to the police or get a lawyer? Am I obligated to even talk to the police?

I was doing this drop shipping thing on ebay. I sold an item for a company, the seller paid me, except the company never shipped the item. I told the seller that, and that there was nothing I could do, as the company I sold the item for refused to have any further contact after I sent them the... Read more »

Roy L. Galloway III answered on Jul 24, 2014

You should never speak to police without a lawyer present because anything you say can be used against you in court. You don't want the cops to take what you say out of context or testify in court that you said something you did not and it be his/her word as a cop against yours. For your protection... Read more »

1 Answer | Asked in Family Law for Pennsylvania on

Q: Relocation with shared custody

I have shared custody of my granddaughter with her father. Her mother has visitation. I have raised her her whole life. She will be 8. Her father has been inconsistent in her life since he found out she was his. I have to relocate for my husband's job and he is going to fight it. She doesn't... Read more »

Roy L. Galloway III answered on Jul 23, 2014

First, if you need to relocate and you do not have the approval of the parents, then you must serve both parents with a Notice of Relocation 60 days prior to the proposed move by certified mail, return receipt requested. Additionally, you must include a counter-affidavit with the Notice of... Read more »

1 Answer | Asked in Domestic Violence for Pennsylvania on

Q: My boyfriend is going to trial for dv of me an my child if I dont show up what will happen with the case???

Roy L. Galloway III answered on Jul 23, 2014

The short answer to this question is that there is no correct answer to this without you providing more details. I will, however, provide an answer under difference scenarious.

If you and your child are the only witnesses to the alleged abuse and you decide not to appear in court to testify...
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2 Answers | Asked in Family Law for Pennsylvania on

Q: If I live in PA and my children live in NY which state do I file for visitation in?

Roy L. Galloway III answered on Jul 23, 2014

New York assuming they lived there for six consecutive months and there wasn't a custody order entered in PA. If, however, your kid lived with you in PA for six months and have been in New York for less than six months, then PA has jurisdiction and you should file there.

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