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I need to know the statute of limitations on re-arrest and recharged cuz I was never tried and I have to go back to the police station to get my belongings and I'm afraid they may have re-arrest me
answered on Feb 7, 2020
The statute of limitations for Possession with Intent to Distribute (PWID), an ungraded felony, is five (5) years. The statute of limitations for Possession of a Controlled Substance, an ungraded misdemeanor, is two (2) years. So they've got a long time to re-charge and re-arrest you if they... View More
answered on Feb 5, 2020
If the toxic family member has no legal custody rights to your children, then that family member has no right to "see" them either -- and you and your husband, as parents, can prevent access between the two.
If the toxic family member is a grandparent, I will tell you that he/she... View More
I was incarcerated for a month and a half then I was released because my son recanted his story but while I was incarcerated they had a court date for custody for my oldest child but being as though I was not present they pushed his court date back and granted my children's cousin sole custody... View More
answered on Jan 28, 2020
Your plate is unfortunately full of bad luck! Sorry to hear it.
Also unfortunately, you haven't posed a question -- so there's nothing for me to answer. Try again?
answered on Jan 27, 2020
Let's backtrack. If "your" two girls are two of the three children that you and your BF have together, then your BF has just as much legal right to have them as you do. If the two of you can't agree on who will have legal and physical custody of your three children, however,... View More
Why do I not have any amounts or items. I never got any paperwork. I have never really been in trouble. I have been having major issues with health.
answered on Jan 27, 2020
The Police Criminal Complaint might have been mailed to you, and maybe you never got that mail because the cops and courts don't have your current mailing address? It's common for the cops to use the address from your driver's license -- and sometimes folks forget to update their... View More
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Hi my girlfriend is incarcerated at RCF in Philadelphia PA but has a court date tomorrow in Delaware county pa will they make sure she appears at court so she doesn't have a warrant issued
answered on Jan 27, 2020
If the Delaware County courts *know* that your girlfriend is incarcerated in Philadelphia, then yes -- they'll arrange for her transportation from Philly to Del.Co. But if they don't, they won't.
You (or anyone else) can contact the Delaware Co. District Attorney's... View More
I have a 4 year old and no written custody agreement. My ex husband is currently in jail. Do I establish full custody now or wait till he is released
answered on Jan 23, 2020
Realistically, you'll be making 100% of the parental decisions as long as he's incarcerated, and you don't need a court order to do that. However, once he's out, there could be some friction between you two if you can't always agree on child rearing. If you think... View More
My children are not PA residents and there is documented child abuse (through counselors) in the PA parent's home. All evidence is outside PA.
answered on Jan 23, 2020
I see you're asking your question from NY State, and so I'll presume that the state where you and the children reside.
So long as the children have resided in NY State for the past six (6) months, NY State should have jurisdiction of child custody decisions now. Open a custody... View More
On Oct 30 police raided my house. Accused me of uploading CP. I did not do this. Someone hacked my router or computer. 1 month prior i had problems which required me to do a clean install on my computer. I am unable to pay bills because they have my computers which are required for my one job. I am... View More
answered on Jan 23, 2020
Good luck with that, honestly. You could file a motion with the court seeking a return of your computers, and cite the extraordinary circumstance of needing them to earn a living, but typically evidence and "instruments of crime" are kept in police possession until resolution of the... View More
A debt collection agency is taking me to court for $2,200. I was served papers and was advised I had 20 days to enter a written appearance. Can I attempt to settle this out of court with the collection agency directly, or do I need to go through the court?
answered on Jan 16, 2020
You can do both, but you can't ignore the court unless you want a default judgment against you in the full amount sought. Adhere to all court deadlines, but at the same time (and if you like), try to negotiate with your creditor (or its agent, whoever has filed suit against you). If... View More
There’s no custody agreement , or no court ordered agreement. I am on child support for my son. I just want to have him 2 days longer and she’s threatening to call the cops if i don’t drop him off the next day. Will I get arrested or not ?
answered on Jan 16, 2020
You won't get arrested, no -- you're not in violation of any court order. And, most likely, the cops won't even want to get involved. They'll probably advise her to go file whatever in Philadelphia family court, although they may contact you to try to facilitate some kind of... View More
My sister got pregnant and her boyfriend died from OD. His grandparents asked my sister to move in and offered her fancy cars and concerts. She moved in, had the baby, and is now struggling to stay sober. She has maintained FT employment and paid for everything. They let her live in their attached... View More
answered on Jan 13, 2020
Your sister should contact the Reading Office of MidPenn Legal Services (presuming she is located where you are, per your question), and schedule an appointment with someone there to go over the "agreement" and her legal options. The contact information for that office is here:... View More
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answered on Jan 13, 2020
I'll be frank with you: if you want an experienced attorney to review a contract for you, you're going to have to pay for his/her time to do so. Probably a few hundred dollars when all is said and done -- and well worth it to have competent legal advice. I'd be surprised if any... View More
answered on Jan 2, 2020
It's pretty much up to the court, but they'll certainly try to reschedule it before your speedy trial rights attach. Typically, the Commonwealth has 365 days to bring you to trial from the day you were charged -- but some days may not "count" for purposes of a speedy trial... View More
I have worked in the same career during our entire marriage which started at around 45K (10 years ago) working my way up the corporate ladder to over 100K. We have 2 children. My wife has a few certifications for professions, but has never kept a job. She always has a reason she leaves after a... View More
answered on Jan 2, 2020
You really do need to sit down with an experienced family law attorney to address your questions. You would do well to hire an attorney to draft all the necessary procedural paperwork -- but most definitely to craft a comprehensive property settlement agreement to address how assets/liabilities... View More
Will that help my case? Also he we have a custody agreement that he doesn't abide by and he sees the kids once a month instead picking them up every other Saturday.
answered on Jan 2, 2020
If he owns the property that was just rented, the $1,200.00/mo. rental income could possibly be counted as his income for purposes of calculating child support. If the property is owned by a company, however, the lines are more blurry. Definitely bring it up to the hearing officer.
Your... View More
Do we have to pay the whole month for January? He wants us to pay 2,000 by January 17 for Security deposit and rent, also the house has a basement and my brother in law rents it and will be paying my father in law but will be using water and electricity which will be in our bill. Please help me... View More
answered on Jan 2, 2020
Sounds like your problem is that you don't have a written lease - and that's why you have unanswered questions. A written lease will explicitly set out the lease term (when it starts, and ends, and for how long). A written lease will also determine on what date your rent is due, and... View More
answered on Dec 23, 2019
I'm not seeing anything about DUI here either, but as my fellow attorney correctly stated, a guilty finding on a reckless driving citation carries a penalty of a 6-month driver's license suspension from PennDOT -- so you'll want to fight this in court.
Best of luck to you.
A bench warrant has been issued for my child’s mother for not showing up to any of our court dates and I have just been granted sole legal and physical custody of both our children. She currently has my children and I don’t know where they live. Can I contact her myself and show her that I have... View More
answered on Dec 11, 2019
Contact the court's Sheriff's Department and give them whatever contact information you have for her -- esp. if you can find an address for her. Give them her social media accounts too, if any. Ideally, you coordinate things with the Sheriff and/or the local police so that you're... View More
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