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Pennsylvania Questions & Answers
1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can I go to jail for a one time harassment?
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 28, 2020

Theoretically, yes. Since you don't offer anymore information, a summary can carry up to 90 days in jail.

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Q: Can a child reside in a deceased parent's home, leaving the deceased parents name on the deed and continue to pay school

taxes and property taxes in deceased parent's name?When child gets short certificate, fo they have to report real estate if it's value is $6000?

Can a child continue to live there?

Vincent Gallo
Vincent Gallo answered on Jan 28, 2020

Doing this alone will not denote ownership of the real estate.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I got pulled over for speeding in a school zone. Should I plead not guilty?

I got pulled over 2 days ago for speeding through a school zone. The officer told me I was going 29 in a 15mph zone. I never got a ticket before. My dad told me I could lose my license, is that true? What should I do?

Ellis B. Klein
Ellis B. Klein answered on Jan 28, 2020

You will not lose your license, unless this is a 2nd offense. It will be 3 points added to your license which could affect your insurance rates. Plead not guilty and get a lawyer, as your chances to get zero points will be better with a lawyer. Also, depending on the county, some judges will let... Read more »

1 Answer | Asked in Criminal Law and Child Custody for Pennsylvania on
Q: I was wrongfully charged with sexual assault against a minor.

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 of... Read more »

Cary B. Hall
Cary B. Hall 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?

1 Answer | Asked in Divorce for Pennsylvania on
Q: If she didn't file an Answer to your divorce complaint, you may be able to amend it to add the 3301(d)

How do u admend it to do this is there a special form to submit to courts

Karen Ulmer Pendergast
Karen Ulmer Pendergast answered on Jan 28, 2020

You just need to file a new pleading called Amended Divorce Complaint, add in the count and then serve her with it.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I was granted asylum five months ago, can I apply for my wife to get asylum although we've been separated for 2 years?

we had J1/J2 visas, we both currently live in the US, she applied for asylum and got denied

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

Wasn't she included on your asylum application?

If not, there's nothing you can do that I know of, to help her, until you become a permanent resident.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My boyfriend and I have 3 kids together but I kicked him out. He is threatening to take my 2 girls with him can he?
Cary B. Hall
Cary B. Hall 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, then one of you will... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I was arrested 2 months ago for supposedly shoplifting and after the fact drugs. Why do I not have any paperwork?

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.

Cary B. Hall
Cary B. Hall 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 address with... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Making court date whole locked up in a different county

You

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

Cary B. Hall
Cary B. Hall 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 Office and let them...
Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Traffic ticket issued in NJ, PA drivers license. Offense 19:9-1.2.19

Traffic ticket issued in NJ, PA drivers license.

Offense 19:9-1.2.19

1 How many points?

2. Do points appear on PA drivers license?

3. If so, how long do points stay on a PA driver’s license?

Ellis B. Klein
Ellis B. Klein answered on Jan 26, 2020

You should be in good shape. Out of state tickets do not transfer to PA. It does transfer if you had a NJ license and received a ticket in PA.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I had a dui 17 years ago and was given ard. I just got one again. Could I get ard again?
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 25, 2020

Some counties allow a second DUI ARD. Many dont. The only way to get this answer is to contact a local attorney. Lancaster County has very specific rules to get ARD and if you dont adhere to them strictly they will deny.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I was diagnosed with severe PTSD and my Dr wrote a note saying until I am mentally better that I was not able to attend

any appts with my lawyer and court proceedings she says any more stress I will have a mental breakdown was informed by lawters assistant I had to go to court or a bench warrant would be issued I mental am worse than I was at drs

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 25, 2020

That type of note from your doctor generally isnt sufficient to excuse you from court appearances (if you are the defendant).

This is really a conversation you should have with your attorney. You cant, and shouldnt, provide us with the information we need to comment online. If you feel...
Read more »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: Will my child be free from their father if their father moves from Pennsylvania to Florida without an arrangement?

We do not currently have an official custody arrangement. It has been 9 years since we divorced. The children are both 15 years old. We are afraid to go for court for one because the children don't want to see their father more than they have to if we fail to get sole custody. However, the father... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 24, 2020

I am not sure what safe legally means? The father has an equal right to see his children, so a court may order visitation. The children's viewpoint is one of 16 factors the court considers in ordering visitation. Here is where it gets nasty. Florida is a member of the custody compact but they... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: with a bench warrant in Lancaster county pa do they come to home to pick you up?
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 24, 2020

Eventually. The idea is that they will hopefully pick you up when you are out and about. But every county does roundups every so often. Ideally, they will catch you in your car, for a speeding ticket, then you are an easy target. Eventually, they will come to get you though (holidays are a... Read more »

1 Answer | Asked in Criminal Law and Probate for Pennsylvania on
Q: i’m 16 and i got 5 years of probation for trespassing and i’m in pennsylvania, but i don’t think that’s a fair sentence

i was with friends and went into a building that we all thought was abandoned but wasn’t and we all got in trouble with the law and went to court and “all” got trialed the same but me and 3 other of my friends got 5 years of probation but the most culpable friend only got 1 year because it... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 24, 2020

There is literally no way to answer this question. There may be differences in culpability. There may be differences in prior history. There may be differences in family life. There are literally a dozen reasons a judge could sentence one person differently than another. Ask your attorney,... Read more »

2 Answers | Asked in Estate Planning for Pennsylvania on
Q: The estate attorney I chose is doing little to move forward with settling the estate, its almost two years and <$75,000.

He has cash in escrow, debtors to pay and a property to sell or settle with beneficiaries.

Mark Scoblionko
Mark Scoblionko answered on Jan 24, 2020

I am not sure what your question is. If you are dissatisfied, you can make an appointment with another lawyer for a second opinion.

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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Do I need to establish custody if other parent is in prison?

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

Cary B. Hall
Cary B. Hall 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 that's likely, you may want to... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: What is the procedure in PA to file for a change of jurisdiction to another state for child custody?

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.

Cary B. Hall
Cary B. Hall 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 case in your...
Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Police raided house and took computers. I am unable to pay bills due to not being able to work.

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... Read more »

Cary B. Hall
Cary B. Hall 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 case.... Read more »

2 Answers | Asked in Estate Planning for Pennsylvania on
Q: We live in Pa. My ex husband passed away. He had me named as his beneficiary on his life insurance policy.

he never changed the beneficiary. Am I still the beneficiary?

Nina Whitehurst
Nina Whitehurst answered on Jan 21, 2020

This is actually not a simple question. You should take this information together with a copy of your divorce decree to an experienced probate attorney in your area. The life insurance company might very well pay the policy proceeds to you, but depending on how the divorce decree is worded,... Read more »

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