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Questions Answered by Cary B. Hall

1 Answer | Asked in Real Estate Law for Pennsylvania on

Q: If a house is owned by 3 brothers and only 2 want to sell, is there a legal right for force the 1 brother to sell?

Cary B. Hall answered on Jun 19, 2019

Yes. The two brothers that want to sell the property can file an action in court requesting a "sale in lieu of partition." That asks the court to order a sale -- and the court will ultimately do it. This forces the lone hold-out to either buy out his two brothers' interest in the property or... Read more »

2 Answers | Asked in Criminal Law for Pennsylvania on

Q: Can i recant my statement to the police?

Me and my husband got in a fight, the police were called and i was nervous because this shouldnt of happened. They confused me and made it seem worse than it was and so in my statement i made it seem worse than it was. Im not sure what to do

Cary B. Hall answered on Jun 13, 2019

You can, but you might be threatened with (and prosecuted for) making a false statement under oath. Not good.

The better bet is for you to inform the police -- and the DA's Office, if it gets to that -- that you do not wish to prosecute. They'll know they have an uncooperative witness and...
Read more »

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1 Answer | Asked in Child Custody and Family Law for Pennsylvania on

Q: Can I, as a 3rd party, file for custody of my niece while she in in custody of CYS? We are currently fostering. In PA.

Have had her for 10 months now.

Cary B. Hall answered on Jun 12, 2019

I don't see why not. You would have standing to file for custody under current PA law, and obviously already have the blessing of CYS since the child has been placed with you. Realistically, however, you already have de facto custody, but filing now for a more long-term determination is probably... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Why would a simple assault charge also show up as a felony for a first time offender? What happens next?

Me and my husband got into a fight and he put his hand on my neck (the police decided it was choking me but i could still breathe). I dont feel threatened by him, it was a misunderstanding. This is the first time he ever did this and we're on a no contact order until court. I just want him back... Read more »

Cary B. Hall answered on Jun 12, 2019

He was probably charged under a fairly new statute called "Strangulation," which is a second-degree felony -- and it's just as serious as it sounds.

Your husband needs good legal representation, and right now, so that you both can nip this case in the bud before it progresses any further....
Read more »

2 Answers | Asked in Child Custody for Pennsylvania on

Q: If parent 1 signs away parental rights and parent 2 dies, does parent 1 still have rights to a minor child if not adopte

Cary B. Hall answered on Jun 11, 2019

No. Once the parental rights are signed away and terminated by a court, Parent 1 has as much "right" to the child as I do.

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1 Answer | Asked in DUI / DWI and Traffic Tickets for Pennsylvania on

Q: Can the officer who pulled me waive the jail time for driving while DUI suspension? He assured me?

Cary B. Hall answered on Jun 4, 2019

Yes and no. The charge of driving while DUI-suspended (1543(b)) caries a mandatory jail time of 60 days -- or 90 days if you're caught driving with any amount of alcohol in your system. The judge can't change that, and the cop can't change that.

The cop, however, has the discretion to...
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1 Answer | Asked in Family Law for Pennsylvania on

Q: Can a mother take children to another state to live without father knowing or without his consent. From Pa to NC

Cary B. Hall answered on Jun 2, 2019

If there's a custody order in place, absolutely not. There's a specific procedure for "relocation" cases that must be followed. Contact (and hire) a good family law attorney in PA for assistance on that.

Realistically, however, if a tree falls in the forest and there's no one around, does...
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1 Answer | Asked in Traffic Tickets for Pennsylvania on

Q: Received a citation for going 41 in a 25 MPH zone. Cop said he would cut me a break and cite me for 30 in a 25.

I was the last of four cars in a row pulled over at the same time. I'm not even convinced I was going that fast. He gave me the citation without a total due filled in on line 34. Instructions say to mail in the total amount due written on line 34 in the form of a money order or check. The fine... Read more »

Cary B. Hall answered on Jun 2, 2019

You can contest it, and it will be your word vs. the cop's word -- and/or whatever method used by the cop to check your vehicle's speed. How lucky do you feel? And do you want to take off half a day from work to go contest the ticket, and then perhaps lose and have to pay additional court costs... Read more »

1 Answer | Asked in Child Support for Pennsylvania on

Q: My ex is one month behind in support. Are there any consequences for being one month behind?

Cary B. Hall answered on Jun 2, 2019

He could be held in contempt for failure to make the required payment. Contact your Domestic Relations Office and inform them that your ex is now in arrears. They can discuss enforcement options with you.

Best of luck to you.

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Are there any pro bono attorneys in Montgomery county. I am a single parent that needs legal assistance with my son case

Cary B. Hall answered on Jun 2, 2019

Contact the Montgomery County Public Defender's Office at 610-278-3295.

Best of luck with your son's case.

2 Answers | Asked in Criminal Law for Pennsylvania on

Q: My husband is a convicted felon and was charged with possession of a gun .

He lent his jacket to the licensed owner of the gun and she had it in the pocket. When he dropped her off she gave him back the jacket and he didn't know it was in there until he put the jacket on as he was getting it out of his pocket and put it in the bed of his truck, game wardens approached him... Read more »

Cary B. Hall answered on Jun 1, 2019

Perhaps if you bring the gun owner to your husband's preliminary hearing, and she testifies as you say, then the charges can be dismissed. If not there, then your husband may have to proceed to a trial where he'll have an opportunity to tell his side of the story as well as present the testimony... Read more »

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2 Answers | Asked in Civil Rights and Criminal Law for Pennsylvania on

Q: Do you have to cooperate with police in a sting investigation?

My friend was pulled over and had half an ounce of marijuana, the cops did not arrest him but instead told him that in a week they are going to call him to set up a sting to catch his dealer. Is he required by law to go along with this sting? Could he be punished for not going along with it?

Cary B. Hall answered on May 31, 2019

No, he is NOT required by law to assist the police in any fashion. And no, he could not be open to additional punishment for not assisting the police.

But we all know what's going on: the police are saying that they won't charge him with the marijuana possession if he acts as a...
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1 Answer | Asked in Child Custody for Pennsylvania on

Q: I have a friend that is in a custody battle but she does not have a lawyer and can not afford one at this time.

What are her options?

Cary B. Hall answered on May 28, 2019

She can contact her local legal aid organization and see if they can be of any assistance. Also, sometimes the local bar association has a "Lawyer Referral Service" of some kind, and sometimes those services provide legal referrals on a cut-rate, sliding scale for payment. It's worth a shot.... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on

Q: If Mom gets arrested for child abuse and dad wants to get sole custody but lives in a different county,

Which county does he file in? Dad has apt. and driver's license in Ohio, but will have his child live with his parents in a different county in Pa.. Eventually dad will move in with grandparents to help raise his child. (CYS has taken the children away from mom; and dad/grandparents are taking care... Read more »

Cary B. Hall answered on May 28, 2019

The county where there's a custody order in place -- which is likely Mom's county of residence. If there's no custody order at all, I still suggest filing for custody in the county of Mom's/children's residence . . . and that would be your best bet as well because that county's CYS knows what's... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on

Q: I am looking for a lawyer to defend me in my DUI, driving w/o a license and registration, possible probation violation.

I cannot afford an attorney and I have not worked for 2 years due to several operations (Ulcerative colitis, hernia, pouchitis) . I have Crohns disease and cannot afford obtain the medication I need. Due to my offenses I am told I will have to go to jail for at least 30 days which I could not... Read more »

Cary B. Hall answered on May 28, 2019

Contact the Montgomery County Public Defender's Office ASAP - 610-278-3295.

Best of luck to you.

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Is there any rules pertaining to how much time the commonwealth has to initiate a psi interview to Prisoner by Sent. day

Friend is waiting for sentencing in county prison for burglary he’s been incarcerated 8 months and awaiting pre sentence hearing how long is the wait for interview ? He goes back to court in mid June. Thank you

Cary B. Hall answered on May 27, 2019

No set time for a PSI (pre-sentence investigation) interview, but per Pa.R.Crim.P. 704 (A), "sentence in a court case shall ordinarily be imposed within 90 days of conviction or the entry of a plea of guilty or nolo contendere."

Best of luck to your friend.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on

Q: I have filed a custody complaint and the opposing counsel is a fraternity brother and personal aquantenance of defense

I'm the petetioner and father. The mother's boyfriend is accused of raising a knife at my 5year old son. The lawyer is a fraternity brother and friend of this boyfriend. Is there an avenue I can pursue to have this person removed from the case

Cary B. Hall answered on May 27, 2019

Not unless there is some sort of conflict-of-interest or other ethical prohibition concerning the fraternity brother's representation in the case. In fact, personal referrals are often the best sources of business for attorneys -- and this prior relationship between boyfriend and attorney as... Read more »

2 Answers | Asked in Child Custody for Pennsylvania on

Q: I heard from someone that if the parent has no contact within six months that they can lose their parental rights?

I have full physical custody and he has partial.

Cary B. Hall answered on May 23, 2019

That is one legal ground for a court ordering an involuntary termination of parental rights, yes. But there's more to such a determination than just that factor.

In addition, courts don't just terminate parental rights willy-nilly; they expect someone else to stand in the absent parent's...
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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on

Q: Can I keep my daughter from going with her father for visitation if I'm concerned about her well being?

He has PTSD, talks about getting back together (I don't want to), seems depressed, admitted he wants to kill himself and he has guns in the house.

Cary B. Hall answered on May 22, 2019

Not without violating a court's custody/visitation order, no.

If you have an immediate fear for your daughter's safety, then you can file an Emergency Petition to Modify Custody -- and outline your concerns within it. That's the process for getting before a judge immediately, and without...
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1 Answer | Asked in Criminal Law for Pennsylvania on

Q: parole violation case has 1627- 2019 in the notes. Is that standard code if it is what's it mean?

Cary B. Hall answered on May 21, 2019

It's probably a case number for new criminal charges which violate the parole.

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