Questions Answered by Roy L. Galloway III

Q: Retail Theft

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Sep 11, 2014
Roy L. Galloway III's answer
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 program, pay restitution and fines and comply with conditions of the ARD program which are usually community service, counseling or treatment and paying restitution and your record will be expunged upon...

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

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Sep 11, 2014
Roy L. Galloway III's answer
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 order granting an expungement. If you were not represented by a lawyer, you can do an unofficial record check by pulling up your docket sheet at the court of common pleas level. You can search the...

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

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Jul 24, 2014
Roy L. Galloway III's answer
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.

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

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jul 24, 2014
Roy L. Galloway III's answer
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 wins 40% or more physical custody then he can have his support obligation reduced. Hope that helped.

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

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jul 24, 2014
Roy L. Galloway III's answer
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.

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

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Jul 24, 2014
Roy L. Galloway III's answer
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 just say no. You have no duty to speak. Your 5th Amendment right not to incriminate yourself protects you. Don't waive it by talking.

Q: Relocation with shared custody

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jul 23, 2014
Roy L. Galloway III's answer
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 Relocation where the parents can note whether they approve of the modification of the custody order and the relocation or whether they objection to the modification or the relocation. If the parent's do not...

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???

1 Answer | Asked in Domestic Violence for Pennsylvania on
Answered on Jul 23, 2014
Roy L. Galloway III's answer
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 against him, the prosecutor will have a difficult time proving that he was guilty beyond a reasonable doubt. However, the prosecutor may subpoena you to attend and testify and get a warrant for your...

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

2 Answers | Asked in Family Law for Pennsylvania on
Answered on Jul 23, 2014
Roy L. Galloway III's answer
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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