Cary B. Hall's answer Due to a law change a few years back, his 3rd and 4th DUIs will *not* be considered 1st offenses.
Your husband needs to hire a good criminal defense attorney, and now. He's in trouble, and DUIs have escalating penalties the more you rack up with mandatory minimum sentences. Best of luck to him -- he's gonna need it.
Cary B. Hall's answer I suggest first making a claim with their homeowner's insurance, and see where things go from there. If you're not satisfied with the settlement offer, then you could sue your mother and girlfriend, and the insurance company would defend the lawsuit -- and ultimately pay for any civil verdict you obtain up to policy limits.
I also suggest you sit down with a personal injury attorney to discuss your options more fully. Best of luck to you.
Cary B. Hall's answer First, he must first be officially served with the lawsuit. If this "service of process" is not satisfactorily obtained, then NOTHING happens: the court cannot enter a judgment against him without proper notice of the lawsuit. Some folks successfully dodge adverse judgments by ducking service of the lawsuit from the beginning.
Cary B. Hall's answer It's a summary offense in Pennsylvania. Most usually consider misdemeanor and felony convictions to be "crimes" for purposes of a criminal record, not summary offenses. Yours was simply a traffic offense. If they ask about traffic offenses, then yes - you're guilty of one. If they ask if you've been convicted of any crimes, then no - the vast majority of traffic offenses are not really considered "crimes."
Cary B. Hall's answer I'm not sure you have to wait -- who told you so? Might as well go ahead and file now, and see what happens. If you need to file again in the future, then you'll do so. Nothing ventured, nothing gained, right?
Here's the statute in full from Title 75 ("Vehicles"):
§ 6108 Power of Governor during emergency
(a) General rule.--In the event of a declared National, State or local emergency when the Governor of this Commonwealth has made a specific determination that modification of any of the provisions of this title will aid in the alleviation of the stated emergency conditions, the Governor shall have the power to so modify the provisions on any or all highways in...
Cary B. Hall's answer Impossible to answer without sitting down with you and going over your entire, detailed history since CPS got involved. But if what you say is accurate, it sounds like you're doing everything right so far -- and at some point, CPS will have to let go. They're typically hesitant to do so, however, and -- like you're experiencing -- they tend to keep moving the finish line so that supervision never ends.
I suggest you consult with, and then hire, an attorney to act as your advocate....
Cary B. Hall's answer If you want to relocate cities within Pennsylvania, you will probably still have to give the other parent a formal notice of relocation . . . especially if the distance is far (say, from Philadelphia to Erie). There are very specific rules and procedures for this, and so you should probably sit down with an experienced family law attorney to discuss them.
Cary B. Hall's answer If they are truly divorced and all issues of equitable distribution already settled, then no - she has no legal right to enter the home, regardless of whether the children are within or not. An open invitation may be the cordial thing to do -- and healthy for the kids to see Dad and Mom still having a friendly relationship as co-parents -- but that sounds like something you and he need to talk about rather than a legal issue.
Cary B. Hall's answer Probably yes. Write a letter to the court and explain why you need the date to be rescheduled. You'll probably get it moved if you have a good reason. You can also call the cop in advance to ask if he/she has any objection to rescheduling the court date. If not, you can inform the court that the cop doesn't object, and that will probably get you what you want.
Cary B. Hall's answer Once a child turns 14, a court will start to listen to that child's desires about custody -- which is not to say that the court will let the child do whatever he/she wants to, but the court will take the child's wants into more serious consideration (and even more so as the child gets closer to age 18).
In the end, the court will make a determination as to what's in the child's best interests concerning custody -- and that may not always be what the child wants (remember when we were...
Cary B. Hall's answer Arizona -- and your answer is located in Arizona's version of the Uniform Child Custody & Jurisdiction Act. Look also to Arizona law and their rules of civil procedure about how to proceed in relocation cases.
Cary B. Hall's answer Difficult to answer your question as phrased and without any more context or case information, but . . . perhaps?
In a criminal case, the lawyer that would typically ask for a bench warrant is the prosecutor -- who would certainly ask a judge for an arrest warrant for a defendant that didn't show up for court. I suppose a defense attorney could also ask a judge for an arrest warrant for a subpoenaed trial witness that didn't show up at a scheduled trial as well. If a trial couldn't...
Cary B. Hall's answer I have to admit -- I have no idea what you're talking about. What old "paperwork"? Perhaps when you say "D Nova," you mean "de novo" -- a type of appeal in which everything is reviewed anew, like a fresh bite at the apple?
It sounds like you need to hire an attorney -- or at least have a consultation with one -- about the law and procedure of divorce cases in Bucks County. Knowledge is power, and you'll need it. Best of luck to you.
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