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Questions Answered by Cary B. Hall
2 Answers | Asked in Criminal Law for Pennsylvania on
Q: What is the specific PA statues for simple assault
Cary B. Hall
Cary B. Hall
answered on Apr 29, 2020

18 Pa.C.S. section 2701 ("simple assault") is the one you're looking for, but that entire Chapter 27 deals with assault-related offenses.

Those charged with simple assault are almost always also charged with 18 Pa.C.S. section 2709 ("harassment") as well, which is...
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1 Answer | Asked in Child Custody for Pennsylvania on
Q: on both a relocation hearing and now one to request changes on custody transportation, I keep get the same result

me doing 100% of the driving. My lawyer said that's how it is because I'm the one that moved. Is that right or she just not doing her job?

Cary B. Hall
Cary B. Hall
answered on Apr 23, 2020

There is no hard-and-fast rule in custody cases about *anything*. It all depends on the best-interests-of-the-child standard, and that necessarily varies from case to case. Having said that, certain counties -- and even certain judges within a particular county -- may often do things in a... View More

1 Answer | Asked in Child Custody for Pennsylvania on
Q: is it true that of 1 parent moves ab 50 min apart with 50/50 custody that parent has to do 100% of the driving?

this is PA moved from one county to the next

Cary B. Hall
Cary B. Hall
answered on Apr 23, 2020

No - there's no hard-and-fast rule. If the parents can't voluntarily agree on transportation arrangements, then the court will decide. But it will cost you time and money to fight about it in the courts, so parents' best bet is to try to work it out.

2 Answers | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Pennsylvania on
Q: Am I able to if I am compelled to report to Jury Duty during the Covid-19 epidemic and get infected?

Hello, I have Jury Duty on May 11th in the city of Philadelphia. PA extended their lock down till the 8th.

I am seriously frightened of getting the virus.

If I have to go and I get the virus, can I sue the city of Philadelphia for putting me in that position?

Cary B. Hall
Cary B. Hall
answered on Apr 22, 2020

Probably. But wait and see: at least one other surrounding county has extended their judicial shutdown through the end of May, and Philadelphia may do the same in the coming weeks. I bet it will.

Best of luck to you, and wash your hands.

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1 Answer | Asked in Child Custody for Pennsylvania on
Q: What actions should i take to get my 15 year old son home with me
Cary B. Hall
Cary B. Hall
answered on Apr 17, 2020

With such a general question without any facts, I can't even begin to answer your question. And frankly, adding more facts here online won't help you much either. You'll need to directly consult with an experienced family law attorney who can best advise you based on the specific... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: 2 days to make a decision my mom passed away just 3 days ago And being told I have to be out by the 30th of April!

I was my parents Dural power of attorney since July of 2019, they renewed the year lease on October 1st of 2019 sadly he passed away just 19 days later my mom is an amputee can’t care for herself or be left alone she had Ben in out of hospital the office was closed due to covid as we are asked to... View More

Cary B. Hall
Cary B. Hall
answered on Apr 16, 2020

There's great information here for you: http://www.phillytenant.org/. Check it regularly.

Best of luck to you.

2 Answers | Asked in Child Custody for Pennsylvania on
Q: Does the closure of PA schools mean the school year has ended and we should start end of School year custody?

Optional school activities are being offered and mother has right to care for children on school holidays and snow days

Cary B. Hall
Cary B. Hall
answered on Apr 14, 2020

Initially, I suggest going by whatever your children's particular school district is doing. If that school district is still offering distance-learning, then it certainly doesn't seem as if the school year has ended.

Custody orders are supposed to give parents concrete benchmarks...
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2 Answers | Asked in Child Custody and Juvenile Law for Pennsylvania on
Q: I am 15. I want to be emancipated. I am capable of getting a job and of basic life skills. What is the process of this?
Cary B. Hall
Cary B. Hall
answered on Apr 14, 2020

The internet is full of information -- try this: https://www.palawhelp.org/resource/emancipation-of-minors.

Moreover, I have a general rule about a minor seeking emancipation: if a minor can't figure out the emancipation process on his/her own, that minor probably isn't ready to...
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3 Answers | Asked in Criminal Law, Immigration Law and Personal Injury for Pennsylvania on
Q: Hi, i recently got assaulted by my ex's new man. Can a person with DACA sue that person? Can i get in trouble?

I have text messages of him getting upset that i was texting my ex. I wanted my shirt back of that she had and he was saying to stop texting her if not he can go about it another way. I texted him saying I'm not here to take her back or anything i just wanted to ask her a question about... View More

Cary B. Hall
Cary B. Hall
answered on Apr 14, 2020

If you have an unsure immigration status, it's always risky to contact the police. I'm not an immigration attorney, and do not know about the nuances of your DACA status. You should speak to an immigration attorney about that.

In general, however, it sounds like this is not...
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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: can I back out of land purchase agreement?

I signed an agreement to purchase land on 3/25. I sent $1000 deposit check to sellers realtor. Due to virus difficulties, I need to back out. Is there any way to have that money refunded and legally back out of agreement?

Cary B. Hall
Cary B. Hall
answered on Apr 7, 2020

Probably - but the answer lies within the agreement. There's probably a clause in your document known legally as a "force majeure" clause, which lets parties out of the deal if crazy, unforeseen circumstances occur. You'll probably need a legal eye to review the actual... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: outstanding charge F3 - 3929 A5 - removing security tag - apparently outstanding warrant

My boyfriend apparently was seen removing a security tag from an item at a store. He changed his mind and left the item and the store and was unaware that it was even seen. We recently learned of an outstanding warrant for this incident. He has an extensive criminal history, however has been... View More

Cary B. Hall
Cary B. Hall
answered on Apr 7, 2020

The best plan is for him to hire an attorney NOW, and for that attorney to contact the police officer that filed the charges against him. Perhaps something can be worked out from the start, and maybe even have the charges withdrawn. In any case, perhaps he can avoid arrest and incarceration from... View More

1 Answer | Asked in Child Custody for Pennsylvania on
Q: My custody order allows an expanded or altered schedule. Could the PA stay at home order fall under this provision?

This custody order is outdated; the original schedule fit within the circumstances that I was in at the time the order was put in place, but no longer does. One thing that has not changed is that I have primary physical custody, the father has partial custody and we share legal custody. As stated... View More

Cary B. Hall
Cary B. Hall
answered on Apr 2, 2020

I'd say no, because the key here is "mutual agreement." If you two can agree to something other than what's written in the original Order -- and you say that you've already done this -- then no harm/no foul if no one's complaining. But it doesn't sound like it... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Pennsylvania on
Q: Can my old criminal history be used against me in a civil trial if I take my neighbor to court for noise violations?

I have a criminal history that involves several incidents of various identity theft crimes, some of which were felonies. It was resolved 10 years ago when my parole ended. After trying mediation with my neighbor he still allows his dog to bark incessantly every day for hours. I have PTSD from my... View More

Cary B. Hall
Cary B. Hall
answered on Mar 31, 2020

Why don't you just contact the police about the dog disturbing the peace? Let the cops handle it, and tell them you want to file charges against your neighbor.

To answer your question, however, your criminal history would only be relevant as to "crimin falsi" convictions --...
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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Is there a statute that covers buyer delays in a PA real estate transaction due to COVID-19 or any national emergency?

Seller will not extend closing date and is threatening legal action. Delay is due to a credit supplement needed, but it has been delayed due to COVID-19 and businesses working from home and with minimal staff.

Cary B. Hall
Cary B. Hall
answered on Mar 31, 2020

Forget statutes and look to the terms of your real estate contract. Is there a clause within (and usually it's one that no one bothers to read) that accounts for circumstances beyond anyone's control? These are known as "force majeure" clauses. Read your contract, and talk to... View More

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Is a verbal agreement for custody an essential reason to leave my home under a stay at home order?
Cary B. Hall
Cary B. Hall
answered on Mar 25, 2020

In Pennsylvania, I would say yes.

At present, Gov. Wolf's stay-at-home order creates an exception for “travel required by…. [a] court order”. Child custody orders would fall under this exception.

There's also another exception for travel to care for minors, and...
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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I live in the Commonwealth of PA. I found a will that my ex had notarized giving me a home we lived in.. He let it go

He let it go for taxes is this Will worth keeping?

Cary B. Hall
Cary B. Hall
answered on Mar 24, 2020

The decent thing to do would be to give it back to him.

Best of luck to you.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I found a Will my ex boyfriend giving me thhome we lived in , the situation is he is alive still owns property still.

The home that was to be given to me was sold for taxes. Is this Will still important to keep?

Cary B. Hall
Cary B. Hall
answered on Mar 24, 2020

The decent thing to do would be to give it back to him.

Best of luck to you.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: A felony 3 in step it intercepted of communication. Indecent expose m3 m1 corruption's of Minor 2 summary charges.

What is my gravity score in Pennsylvania

Cary B. Hall
Cary B. Hall
answered on Mar 19, 2020

You're asking very specific, technical questions concerning sentencing guidelines calculations, and I'll do my best to answer based on the information you've provided. The *current* offense gravity scores are as follows for the crimes you've listed:

Criminal Use of a...
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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My adult son viewed illegal content online but did not download anything. Is there a possibility of legal ramifications?

My son stumbled upon illegal content on the internet. He closed it after he realized what it was but fears he may be charged. He is worried sick and we've only found conflicting information as to whether authorities even bother with cases that do not involve posession. Does he have anything to... View More

Cary B. Hall
Cary B. Hall
answered on Mar 18, 2020

Yes, he could have valid concerns. By "viewing" a picture or video online, you still could be downloading content -- and authorities tracking certain illegal sites could be investigating every IP address that logs onto such file-sharing sites. You just don't know.

I would...
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1 Answer | Asked in Sexual Harassment and Criminal Law for Pennsylvania on
Q: I am being stalked and harassed via the web. Lewd, lacivious, awful calls and texts. All “anonymous” from an app.

These calls and texts also being sent to my loved ones, saying horrible and awful things about me. Also trying to extort money and property from my family, specifically my mother. I know who it is but cannot prove it without the subpoena from the app Text Free. This person is also sharing personal,... View More

Cary B. Hall
Cary B. Hall
answered on Mar 18, 2020

Initially, file a report with your local police. They should be able to get the subscriber information from Text Free, and then press charges against the individual from there.

If the individual has some assets, you can then consider filing a civil lawsuit against that person later....
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