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Questions Answered by Cary B. Hall
1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I recently saw on the Pennsylvania public records that in was charged with child endangerment and found guilty

I recently saw on the Pennsylvania public records that in was charged with child endangerment and found guilty. It's now on my record. I was in treatment for a year and never served and never returned to my house bc the bank took it back in the yr I was gone. Is this legal? I now have 18 months... Read more »

Cary B. Hall
Cary B. Hall answered on Oct 15, 2019

You need to have an extended talk with a Pennsylvania attorney ASAP to try to straighten this out - that's the best advice I can give you at this point. "Is this legal?" in an online forum isn't going to cut it. If your case is from a county in the southeastern region of Pennsylvania, I'd be... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: So a year ago someone stole narcotic pain pills from me. I told the person if they got help I wouldn't press charges

That being said the person got help but is now back into pills I want to press charges for the theft a year ago can I still do this or is it to late?

Cary B. Hall
Cary B. Hall answered on Oct 5, 2019

You should be good. Contact your local police to press charges.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I received a 2nd Dui general impairment did 5 days in jail paid $2500.00, driving school, assessment, and community

Service. Why does my letter say 18 months

I turned my license in early May of 2018

But I'm eligible to get them back May of 2020

Why 18 months and why 2 years

It should have been 12 months suspension which should be done and over

Cary B. Hall
Cary B. Hall answered on Oct 2, 2019

Your PennDOT Restoration Rights Letter should tell you all about your suspensions and when you're eligible to have your driving privileges restored. A 2nd DUI carries an 18 month license suspension. Perhaps you had an additional suspension for something else for another 6 months? Check the... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: hunting for free lawer for dui charge first time
Cary B. Hall
Cary B. Hall answered on Sep 28, 2019

Contact the Public Defender's Office in the county in which you were arrested.

Best of luck to you.

2 Answers | Asked in Child Custody for Pennsylvania on
Q: My child support was calculated wrong, they included my mandatory pension amount into my net pay? What can I do?

Modification has been filed will they go back and fix original order?

Cary B. Hall
Cary B. Hall answered on Sep 24, 2019

You can file a petition to modify support with your Domestic Relations Section.

Best of luck to you.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: My spouse cheated on me we are currently going through a divorce she did not work our entire relationship. We have 2 kid

Is there a law that says the spouse who was in the wrong can still get child support knowing what they did was wrong. Also my children were involved with the other person. My kids were told to keep him secret from me . He is currently living with her. Is she due child support or can I fight it.

Cary B. Hall
Cary B. Hall answered on Sep 24, 2019

Child support has zero to do with marital infidelity -- it's only about what the kids need to survive, and the primary custodian of the children will get that.

It DOES matter for alimony or spousal support, however, so you can raise an infidelity defense if she's trying to seek that from...
Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How many years does it take to have a misdemeanor expunged?
Cary B. Hall
Cary B. Hall answered on Sep 24, 2019

Expunged? A crazy long time. But "sealed"? You've now got a much better shot at that, thanks to a recent change in the law. Check out the information on this website for both expungement and sealing, and you should have your answer: https://mycleanslatepa.com/clean-slate-flow-chart/... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: As a seller in Lackawanna County, am I entitled to a copy to an inspection report paid for by a potential buyer

Dealing with a dual agency where both the buyer & seller agents are in the same office. Have not heard results in over 2 weeks.

Cary B. Hall
Cary B. Hall answered on Sep 24, 2019

Look to the real estate sale agreement, and specifically the section about inspections. The standard PA form has some language in there about this.

Best of luck to you.

1 Answer | Asked in Criminal Law, Federal Crimes and Social Security for Pennsylvania on
Q: Hey Will I go to jail for retail theft the items was only $39. I also have a prior retail theft in 2016 will I do jail ?
Cary B. Hall
Cary B. Hall answered on Sep 23, 2019

Almost surely not. Probation.

Best of luck to you.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Pennsylvania on
Q: Hello. My baby sister is going to be 13yrs old in a few months. She is desperate to move out of my parents house.

She wants to live with me badly because of the abuse that goes on at home. Which I know of because I had to endure abuse myself when living with them. I am 33yrs old. My parents are narrcistic. They won't even allow her to visit me or we can't talk on the phone or anything. Because they know She'll... Read more »

Cary B. Hall
Cary B. Hall answered on Sep 17, 2019

If the abuse is *physical* abuse, you should contact the Children & Youth agency for the county in which your sister lives. Even if it's only mental/emotional abuse, I'd contact that agency and let someone know what's going on. Hopefully they'll open up an investigation and get to the bottom of... Read more »

1 Answer | Asked in Criminal Law and Probate for Pennsylvania on
Q: Can a stricter county's public defender "withdraw from your case" if they simply do not want to fight for you??

Too long to get into. Never been charged with any crime until now. Lazy public defender has told me to shutup and accept plea deal. I'd like to hear the opinion of someone who knows criminal law; i have read and understood the PA Title 18 Codes and there's a few (I see) as fightable defenses. I was... Read more »

Cary B. Hall
Cary B. Hall answered on Sep 14, 2019

In which county are you being charged?

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Does a criminal complaint need to be dated before a search warrant is approved?

Date of search warrant is one day before date on criminal complaint. For example: date on search warrant is 3.17.19. Date on criminal complaint is 3.18.19. Is this OK?

Cary B. Hall
Cary B. Hall answered on Sep 13, 2019

Police often apply for a search warrant based on suspicion that criminal activity is afoot -- and before a criminal case is officially filed against someone. Search warrants are a way for police to amass evidence during an investigation. Once a search warrant is approved by a court and then... Read more »

2 Answers | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: My live in relative was charged with Marijuana possession.. First offense. He did have a DUI over a decade ago.

Worried he will be sentenced to jail time. I have medical issues and he is my caretaker. He does have legal representation. Court date in September though I don't know the exact date.

Cary B. Hall
Cary B. Hall answered on Aug 29, 2019

I can't imagine there'd be any jail time unless he's currently on probation right now. If his only criminal record is a DUI more than 10 years ago, then he wouldn't be on probation for that.

From what you're telling me, I say no jail time. If the threat is there, however, the fact that he...
Read more »

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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: our neighbor wants to buy a portion of our lot we agreed on a price but I want to back out we have no written agreement.

we own a lot behind our house our neighbor wants to buy a portion of it, we agreed on a price but I want to back out can I back out without a legal problem. we do not have a written agreement

Cary B. Hall
Cary B. Hall answered on Aug 23, 2019

I think you can back out, unless your neighbor has provided you with something as "consideration" for your verbal agreement (like some "down money," etc.).

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1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: How long do convictions for DUI stay on someone's record and is it possible to have them removed or purged.

The convictions are over 10 years old.

Cary B. Hall
Cary B. Hall answered on Aug 16, 2019

It depends on whether it's a first offense, or a second, third, fourth, etc. You wouldn't be eligible for expungement, but it's possible that your DUI criminal conviction could be "sealed" under PA's recently enacted Clean Slate Act. At the very least, all fines/costs must be satisfied first, and... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Pro bono lawyer

The number you provided don't assist defendants is there any other informating or help you can produce to help my case involving a pfa

Cary B. Hall
Cary B. Hall answered on Aug 16, 2019

Search online for "legal aid" for your jurisdiction, and start making calls. Or simply hire an attorney, and get the money to do so somehow.

Best of luck to you.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If I call 911 about my boyfriend hitting me does the state press charges or do I have too? What if I dont testify?

What if I choose not to testify? Will the charges be dropped?

Cary B. Hall
Cary B. Hall answered on Aug 16, 2019

Once you call 911, the matter is out of your hands and you don't decide if a case will be prosecuted or not. If you later refuse to testify against him, however, the prosecution may decide to drop the case against your boyfriend -- or they might compel your testimony in court by subpoena and hold... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: I'm looking for a pro bono lawyer

I'm looking for a pro nono lawyer that is willing to help me in Wyoming county Pennsylvania with a PFA case that is being used to resolve a completely different case in Schuylkill county Pennsylvania

Cary B. Hall
Cary B. Hall answered on Aug 16, 2019

North Penn Legal Services provides pro bono representation if you qualify, so contact them. For Wyoming County, you should contact their Pittston office:

33 N. Main Street, Suite 200

Pittston, PA 18640-1949

P: 570-299-4100, Toll Free: 855-236-6405...
Read more »

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: If I've maxed out my prison sentence do I still owe court costs and fines?

Question above is self explanatory

Cary B. Hall
Cary B. Hall answered on Aug 16, 2019

Probably yes, but it depends on what the court ordered at the time of your sentencing. Call the Clerk of Courts for the county in which you were sentenced.

Best of luck to you.

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2 Answers | Asked in Child Custody for Pennsylvania on
Q: I have primary physical custody of my child so would I claim her or would my ex?
Cary B. Hall
Cary B. Hall answered on Aug 15, 2019

You would -- unless there's some other agreement between you and your ex, like to alternate years in which a parent can claim the child (ex. Mother gets even years, Father gets odd years). Otherwise, IRS regulations go with the parent that has the child most of the time.

Best of luck to you.

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