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... View More
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?
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
this is PA moved from one county to the next
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.
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?
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.
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
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
answered on Apr 16, 2020
There's great information here for you: http://www.phillytenant.org/. Check it regularly.
Best of luck to you.
Optional school activities are being offered and mother has right to care for children on school holidays and snow days
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... View More
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... View More
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
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... View More
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?
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
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
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
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
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
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
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 --... View More
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.
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
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... View More
He let it go for taxes is this Will worth keeping?
answered on Mar 24, 2020
The decent thing to do would be to give it back to him.
Best of luck to you.
The home that was to be given to me was sold for taxes. Is this Will still important to keep?
answered on Mar 24, 2020
The decent thing to do would be to give it back to him.
Best of luck to you.
What is my gravity score in Pennsylvania
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... View More
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
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... View More
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
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.... View More
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.