Questions Answered by Cary B. Hall

Q: I got a speeding ticket but they put down my mom's name. She plead not guilty n it was withdrawn. Now they are trying to

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Answered on Sep 21, 2018
Cary B. Hall's answer
If it's done within 30 days of the alleged infraction, yes. If it's more than 30 days later, then no. FIght it and give it a shot if over 30 days.

Best of luck to you.

Q: Would "circumstances" be considered simply as he feels he doesn't have enough? Will he have to show proof?

2 Answers | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Answered on Sep 19, 2018
Cary B. Hall's answer
At this point, you sound like you're ready for a sit-down consultation with a family law attorney -- who can answer all of these questions and more. If you don't have someone in mind, contact your local lawyer referral service and they can point you in the right direction.

Best of luck to you.

Q: Child's father is in contempt of court for not paying any child support in 2 months and has filed to make payments less.

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Answered on Sep 19, 2018
Cary B. Hall's answer
If you have knowledge of his income (from whatever source) and his spending habits, then you can certainly tell that to the support officers and/or judge. No way to give you "odds" of his success in modifying the current support order, though -- each case is decided on its own merits. He'll have to show a change in circumstances, likely, since he's filing to modify support so quickly, so you could suggest to the judge that there have been no changes since the last order.

Best of luck...

Q: I’m on probation does a PFA puts me in violation

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Sep 19, 2018
Cary B. Hall's answer
I don't think so. A PFA proceeding is a civil case, not a criminal case. Best bet, however, is to review all paperwork you got when you initially met with probation. That should tell you what does, and doesn't, violate your probation.

Bets of luck to you.

Q: I have a Nj Child Support Issue that is open since 1997 the Child is over 18 now and in 2000 I filed for adoption

1 Answer | Asked in Child Support, Family Law and Appeals / Appellate Law for Pennsylvania on
Answered on Sep 19, 2018
Cary B. Hall's answer
You need to address your issue with a New Jersey attorney, since New Jersey law is at play here. Try again in the New Jersey section.

Best of luck to you.

Q: Can a policeman arrested a mental person who tried to resist arrest and under influenece of alcohol in delaware county,

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Sep 19, 2018
Cary B. Hall's answer
Yes, if the officer had probable cause to believe that a crime had occurred.

Q: I let my 15tr old brother drive to work, I was with him. we got pulled over. the cop let me drive home.

1 Answer | Asked in Traffic Tickets and Juvenile Law for Pennsylvania on
Answered on Sep 19, 2018
Cary B. Hall's answer
Not feeling this is a "juvenile court" matter, but much more a driving-without-a-license matter (which is just a fine). Pay it, and move on. Your brother should be OK. The cop was just trying to scare the both of you -- and looks like it worked.

Best of luck to you.

Q: Is it worth it to fight a citation for failure to yield at a yield sign?

1 Answer | Asked in Traffic Tickets and Car Accidents for Pennsylvania on
Answered on Sep 18, 2018
Cary B. Hall's answer
I think so. Usually if you do fight it, either the officer or the magisterial district judge will voluntarily reduce the charge to something that carries no points -- and that's a good thing. Just let them know that is what your goal is: no points.

You'll probably have to pay the entire ticket in advance and then request a trial. If you win, or if the charge is reduced to something with lower (or no) points *and* a lesser fine, then you'll get some money back in the mail....

Q: I got a dui 9 years ago and need my license back. Never did the treatment program. What can I do to get it back?

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Sep 18, 2018
Cary B. Hall's answer
You can go to the PennDOT website and instantly get a "Restoration Rights Letter" which tells you what you need to do to get your PA license back. Try here: https://www.dmv.pa.gov/Information-Centers/Suspensions/Pages/Restore-Driving-Privilege.aspx

Best of luck to you.

Q: I want to trademark my Company's brand and and logo. Can anyone help? Thanks

1 Answer | Asked in Business Formation, Business Law and Trademark for Pennsylvania on
Answered on Sep 17, 2018
Cary B. Hall's answer
Sure - contact Bob Duminiak, Esq. at Howson & Howson in Blue Bell. He's the guy.

Robert J. Duminiak, Esq.

Howson & Howson, LLP

Bldg. 620, Suite 210

350 Sentry Parkway

Blue Bell, PA 19422

Phone: 215-540-9200

Fax: 215-540-5818

Email: rduminiak@howsoniplaw.com

Q: Can i not testify to a criminal case to protect the safety of my children?

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Sep 15, 2018
Cary B. Hall's answer
You should notify the police about this conduct -- it's illegal for anyone to attempt to tamper with or intimidate a witness, or otherwise obstruct justice this way. You can also reach out to the district attorney's office as well to let them know that you're experiencing this type of communication.

Best of luck to you.

Q: My 18 year old son is still in high school but has moved into his girlfriends mom's place. Can they legally get child

2 Answers | Asked in Family Law and Child Support for Pennsylvania on
Answered on Sep 15, 2018
Cary B. Hall's answer
Child support ends when a child turns 18 *or* when they graduate from high school, whichever is later. However, just because your son is living somewhere else, that doesn't mean that his girlfriend's mother has "custody" of him in any legal sense. That would require a court order, court proceedings, etc. So, to that extent, I would say no -- there would be no child support owed to her for housing your son.

Best of luck to you.

Q: Can i cross complaint against my now ex for co-signing a car and my wages are being garnished and he keeps quitting

1 Answer | Asked in Uncategorized for Pennsylvania on
Answered on Sep 15, 2018
Cary B. Hall's answer
Potentially. You can also bring a separate small claims suit against him for your lost wages due to garnishment -- although that's only if there was a promise (and hopefully in writing) by him to pay for the car 100% and indemnify you. If you co-signed, normally you're on the hook for the car as well and you'll unfortunately be paying for your generosity . . . .

Best of luck to you.

Q: I was involved in a car accident where I was hit and it is not completely clear who is at fault. Scam?

1 Answer | Asked in Car Accidents for Pennsylvania on
Answered on Sep 15, 2018
Cary B. Hall's answer
Anyone can sue anyone for anything, so you just can't worry about that. If it's to be, cross that bridge if and when you ever get to it.

As for the other driver's demand for cash from you, you certainly don't have to give her anything. You can send her a certified letter advising her not to contact you anymore as well. If she then still continues to do so, you can contact the police and file harassment charges against her. Let the insurance companies work it out, and put an end to...

Q: I want to file for divorce, but want to ensure my kids aren't manipulated into an arrangement that's not best for them.

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Sep 15, 2018
Cary B. Hall's answer
Situations like this happen, and sounds like some family counseling would be a great idea. Never a good idea for parents to use their kids as the rope in a game of marital tug-of-war, but it unfortunately happens all the time.

If you two can't work out an amicable custody agreement, and divorce is inevitable, I suggest you just file for divorce and begin the process. The courts have mediation procedures that encourage the parties to work out their custody differences without the need...

Q: I want to file for divorce, and want to ensure my "husband" doesn't have any legal rights to my unborn child.

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Sep 15, 2018
Cary B. Hall's answer
Your best bet, of course, is to consult with (and then hire) a good family law attorney to go over your situation in much greater detail. Feel free to contact me offsite if you'd like to do just that.

If he wants to fight for custody rights to your unborn child, he can -- but if the child isn't his, and a paternity test confirms it, then he'll have no grounds to seek custody so long as he's not listed as the father on the child-to-be's birth certificate. In addition, if you're seeking...

Q: I never received a receipt or divorce signature from a constable I hire for $85. What can I do now?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Sep 15, 2018
Cary B. Hall's answer
No offense to the paralegal, but this is the sort of things that can happen when you don't hire the proper professional to do a proper job.

Why don't you just go see the constable in person to get a copy of the receipt?

Q: Ex husband won't respond or bring my son home. Please help.

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Sep 15, 2018
Cary B. Hall's answer
Sounds like a horrible situation -- most of all for your son. If you have a custody order, you can file an emergency petition for contempt if he's not following the order. If you don't have a custody order, you can file a complaint for custody along with an emergency petition for the return of your son on Monday if things haven't resolved. Courts are not fond of emergency petitions at all, but when the situation is dire, it can be an appropriate and effective legal tool.

Best of luck...

Q: I am trying to get sole custody of my 7 year old daughter, she lives with me.

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Sep 12, 2018
Cary B. Hall's answer
Your situation presents other questions that could (and should) be answered by having a face-to-face or telephone consultation with a local Montgomery Co. family law attorney. For instance, is there any custody order in place at all? And, how long ago did you move out of state? Has the biological father known about it the entire time?

If you'd like to further discuss your case, feel free to contact me offsite. Best of luck to you.

Q: Can I file an involuntary order of paternity without a lawyer in PA? Where can I get the forms?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Sep 12, 2018
Cary B. Hall's answer
You can certainly ask the court to establish paternity. Forms may be included on the website for the particular county in Pennsylvania you're dealing with -- although many of the more rural counties may not have much of a website, much less forms.

Your best bet to navigate the Pennsylvania courts is to consult with, and then hire, a local Pennsylvania family law attorney. Isn't your grandchild worth it?

Best of luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.