Questions Answered by Cary B. Hall

Q: I'm 14 & he's 15. he posted a video of us having sex on Instagram. it's being sent around.. what charges can I press?

1 Answer | Asked in Sexual Harassment for Pennsylvania on
Answered on Apr 12, 2019
Cary B. Hall's answer
Contact your local police, and tell them you want to file charges under Title 18, § 6321 ("Transmission of sexually explicit images by minor") and § 3131 ("Unlawful dissemination of intimate image").

Under section 6321, the cops could also take his phone or computer (whichever was used to disseminate the video) and he'd never get it back.

Best of luck to you. Hard lesson learned here too -- don't forget it.

Q: Can your support order go down if the payee gets a new job and makes more money? Does she have to notify a change in $

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Apr 12, 2019
Cary B. Hall's answer
Yes to your first question, and no to your second question. If you think there's been an increase in her income, YOU should file a petition to modify your support payment.

Best of luck to you. If you need some assistance in filing, feel free to contact me offsite -- my office is Norristown.

Q: Can I adopt my fiancés daughter in the state of Pa? And how hard will it be to do so? Any advice on how to get started?

1 Answer | Asked in Adoption and Family Law for Pennsylvania on
Answered on Apr 12, 2019
Cary B. Hall's answer
Yes -- but you'll have to file a petition to involuntarily terminate birth mother's parental rights at the same time. If birth mother hasn't had any contact at all with the child within the past 6 months, your fiance will have grounds to terminate birth mother's parental rights.

Contact your county's Orphans' Court section -- they may have sample forms for filing both a petition to terminate and for adoption. Best of luck to you.

Q: Can my ex come back for my dog after a year?

1 Answer | Asked in Animal / Dog Law for Pennsylvania on
Answered on Apr 12, 2019
Cary B. Hall's answer
Probably not. Pets are considered property under Pennsylvania law, just like a table, lamp, etc. If you've paid for the upkeep of the pet for the past year, a court will likely let you keep the pet. If she comes for the pet, you can politely decline her request. At that point, she'll have to sue you in court for the return of the pet -- and if she's already established another life in SC, it's fairly unlikely that she'll go to such lengths at this point.

Best of luck to you.

Q: If I don’t have the fathers information for emergency custody in the state of PA how do I fill out the paperwork ?

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Apr 12, 2019
Cary B. Hall's answer
Yes. And you'll need to do some investigation to find the father's location so that he can get a copy of everything you file. Last known address may be sufficient, but you'll need to convince the court that you've done your best to locate him. So get started, and best of luck to you.

Q: Not given any ticket at stop or paper for court despite a summons with charges for plates and pos. can it be thrown out?

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Pennsylvania on
Answered on Apr 12, 2019
Cary B. Hall's answer
Likely not - no requirement that you be issued a ticket at the traffic stop. A summons can be sent to you by mail, and that's permissible as long as it's filed with the court within 30 days of the offense.

Q: I was charged with prowling and loitering at night and public drunkeness. I tried commiting suicide that night.

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Apr 11, 2019
Cary B. Hall's answer
Probably, depending on your prior criminal record. Have your attorney (and get a public defender if you can't afford a private attorney) talk things over with the cops, and maybe that charge can get tossed at the initial magisterial district court level. Get something on the letterhead of your current treatment facility which details what happened to you that night ASAP, and give it to your attorney.

Best of luck to you. And stick around: life is worth living. :)

Q: How do I handle custody if we are separated and he is in another state?

1 Answer | Asked in Child Custody and Divorce for Pennsylvania on
Answered on Apr 6, 2019
Cary B. Hall's answer
Initially, who has the child now? Wherever the child has resided for the past 6 months, THAT'S the state that has jurisdiction over child custody matters. If your daughter is with you in Pennsylvania, but it hasn't been 6 months here yet, but the child WAS previously in your former state for at least a 6 month period prior to your move, then your former state has jurisdiction. If your daughter is with you in Pennsylvania and you haven't been here for at least 6 months yet, I suggest waiting...

Q: My husband is being summoned for a child support order for his 17 year old from an ex-girlfriend. Can I attend also?

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Apr 5, 2019
Cary B. Hall's answer
They'll probably ask you to wait outside the hearing room, but you can certainly otherwise come with him to offer moral support. If it's a hearing in an open courtroom, however, any interested citizen can attend such proceedings and observe -- including you.

Best of luck to him.

Q: Does a 3rd DUI offense automatically result in jail time when all evidence is circumstantial?

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Apr 3, 2019
Cary B. Hall's answer
A 3rd DUI conviction in Pennsylvania will result in mandatory jail time of between 10 days and one year (depending on the subsection you're charged with). House arrest may be an option in some jurisdictions as well, and time spent in in-patient drug treatment facilities might also count.

As far as "options" if you don't qualify for a public defender, there are no pro bono attorneys for your 3rd DUI. You're in a jam you put yourself in, and now you'll do what you have to do to dig...

Q: Why is child support Based on one parent

2 Answers | Asked in Child Support for Pennsylvania on
Answered on Mar 21, 2019
Cary B. Hall's answer
It's not. In calculating child support, a court/Domestic Relations looks at the incomes (or earning capacities) of both parents and than "runs the numbers." It may be, however, that one parent is determined to have zero income/earning capacity for any number of reasons, in which case it does appear that only the other parent's work situation is being considered.

Q: What kind of trouble will I be in for not providing the non custodial parent with childcare receipts?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Mar 21, 2019
Cary B. Hall's answer
If you can provide proof at any court hearing, my gut feeling is that there will be no penalty against you. If, however, you can't provide proof of payment for child care, a court may reduce your child support award accordingly.

But if you can provide such proof to your ex *before* the hearing, then do that ASAP.

Best of luck to you.

Q: If my ex husband has been working a lot of overtime can I take him back to court?

1 Answer | Asked in Employment Discrimination for Pennsylvania on
Answered on Mar 21, 2019
Cary B. Hall's answer
When you say "take him back to court," do you mean to increase any alimony award he may be paying right now, or to increase a child support payment?

If the former, likely not - although perhaps, if the alimony award/agreement allows for modification. You'll need to have a family law attorney review all the paperwork on that issue to give you a more definitive answer.

If the latter, and your "child" is now an adult, your ex-husband no longer has any obligation to pay child...

Q: Can someone parent who through a tantrum at court hearing signs away their parental get any custody after that episode

2 Answers | Asked in Child Custody for Pennsylvania on
Answered on Mar 21, 2019
Cary B. Hall's answer
Honestly, kind of hard to understand your question! When you say "signing away their parental rights," you could mean two things: (1) at a termination of parental rights hearing (in Orphans' Court), a parent literally does sign away parental rights, or (2) at a custody hearing (in Family Court), a parent agrees to give up or limit custodial or visitation rights.

To determine which one you're talking about, I suggest you sit down with an experienced family law attorney to go over...

Q: Can I file to get my restitution payment back?

1 Answer | Asked in Criminal Law and Civil Litigation for Pennsylvania on
Answered on Mar 4, 2019
Cary B. Hall's answer
If you've already pleaded guilty, then no. If you want to contest your guilty plea, there are few appellate grounds to do so and those must be filed within 30 days -- but then you'll be headed for a trial if you will on appeal. And perhaps you get a harsher penalty or sentence if you lose at a new trial. My guess, however, is that you still want to keep the benefit of the plea deal but not pay restitution now, and that's not going to happen.

I often tell my clients in situations...

Q: Hi, my husband has been paying child support with no court order

2 Answers | Asked in Child Custody for Pennsylvania on
Answered on Mar 4, 2019
Cary B. Hall's answer
She's blowing smoke, and cannot seek "back support."

Q: Does a rule 600 waiver affect the 180 day rule?

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Answered on Feb 27, 2019
Cary B. Hall's answer
Yes. And presuming that you're referring to speedy trial rights when you say "the 180 day rule."

Q: will my fanice go to jail?

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Feb 19, 2019
Cary B. Hall's answer
No idea -- but his probation agent would know. I suggest he contact that agent to discuss the intentions of the probation office.

Best of luck to him.

Q: I filed for divorce but my ex husband refuses to sign the divorce papers after how many years are you legally divorced

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Feb 18, 2019
Cary B. Hall's answer
At least in Pennsylvania, until a court enters a divorce decree, you're NOT divorced -- even if a million years have passed. If, however, your soon-to-be ex-spouse refuses to sign consent paperwork in a divorce, there are things you can do to get a divorce decree without his cooperation.

I suggest you contact an experienced family law attorney and have a consultation to go over the specifics of your case. Feel free to contact me offsite if you like. Best of luck to you.

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