What should do. My third Retail Theft.

Q: I was arrested at Giant Eagle fir an item costing 3.50. I have three priors. A summary from 7 years ago for retail. A second retail and a third that got moved to traffic fine and don’t know why. Would it be best to hire an attorney or just get public defender? (Pittsburgh, PA)

A: As stated, a third retail theft is a Felony III. It is not to be taken lightly, but in Allegheny County, I get a lot of these worked out at the District Justice level to a summary. Many people have the view that sending a F3 Retail Theft downtown is a waste of resources. Let’s hope your Assistant DA and police officer have the same view. An attorney would help in such a situation. He might be able to direct you to do certain things before the hearing to put you in a better light by the time the hearing comes around. Drug and alcohol evaluation, possibly? Most retail thefts arise out of drug addiction. Additionally, Public Defenders are generally very good attorneys. They are specializing in one are of law. If you feel a private attorney will give more attention to your case, then choose a private attorney.

Parents passed. Can our sister stay in home forever?

Q: It’s been a year since mom and dad passed. My sister moved in with them uninvited, several years ago, and has controlled and abused the house and their finances since they became ill. She hasn’t had any intention of moving so we can go thru their things, to set up sale of the property. My brother is executor, and is very soft spoken, and still paying the utilities from the parent’s savings. Paying for car repairs and new tires for her to drive parent’s cars! It is not right . She has always taken advantage of my parents, even when she has her own money. Never paying or calling pay utilities, car gas, etc. She is driving the wheels off their cars. And, now my brother is still enabling her to continue this behavior. She also won’t move out of their house. It’s keeping us from getting the house and contents ready for auction. Can she keep us from going in the house, to prep for sale? And should my brother still be paying all her utilities and upkeep on mom and dad’s cars for her to drive? (Pittsburgh, PA)

A: Assuming the home is part of the residuary estate, and not specifically gifted to someone by the will, an executor has a strict duty to take control of estate real estate and prepare it for sale. This includes in a prompt and efficient manner, the cleaning of and preparing the property for sale, maintaining the property, listing it for sale and depositing the net proceeds in the estate account. This duty can become a little murky when family is involved such as in your case, with a sister living in the home. The duty still exists but can be extended or modified if all heirs agree. If not, the duties of the executor can legally be invoked.

Why do I need to sign off on mom’s estate if the will is false?

Q: have been estranged from my mother (valid reasons) since 2009. My father passed in 2000 and my mother passed a few weeks ago. I am one of 4 siblings and my younger sister (who dislikes me) has POA. I did pay my last respects to her and recently found out the will was revised 12/23/18 while my mother was in the hospital and under medication. I was removed and replaced with my nephew, her grandson. I am being asked to approve this and am waiting for paperwork to review. My mother has treated me badly for years for no apparent reason. What is my recourse? It’s not about the money, it’s the principal and I had a great relationship with my father until he passed, therefore am not going to approve this revision. (Plum Borough, PA)

A: I assume they want you to sign off on the estate by a Family Agreement or other type of consent document, which will close the estate? The only thing I can advise is to take the papers to a lawyer. If you are saying that you want to challenge the will, you will have the burden to prove that your mother was incompetent at the time she signed the new Will, or that she signed it under the undue influence of your sister. It will be hard for you to investigate this and get medical records because if you are not the estate executor. Your attorney should be able to obtain these records and assess the situation.

Can voice recording of me and customer be used in court?

Q: I met with this customer in a public parking lot of a truck stop off the highway. I recorded the conversation so that my husband could hear after it was done because he was not able to come and is main owner of our business. In this recording it is stated my husband’s work is perfect and they can’t wait to pay us, and he also admits to committing insurance fraud. We still have not been paid by this guy for the work completed and now need to go to court to get our money (which this guy agrees to amount and that the job is perfect in the recording) Since this was recorded in a public place with both of us standing in parking lot of public place, can this be used in court?? Thank you in advance! (Pittsburgh, PA)

A: PA is a two-party consent state. If the other person was unaware he was being electronically recorded, you don’t have two parties consenting and you have committed a crime under the PA Wiretapping and Electronic Surveillance Act, 18 PA. C.S. § 5701. I would not use the recording.

How long do the courts have to impose a sentence?

Q: My fiancé was sentenced to house arrest in December and we have not heard anything. Is there a statute of limitations? (Pittsburgh, PA)

A: It sounds like your fiancé was sentenced already, so there is no 60-day rule that applies to the time one must be sentenced after an adjudication of guilty. I assume you mean, house arrest, electronic home monitoring? It sounds like you need to call the Adult Probation Office of Allegheny County and explain what has happened. It seems like an oversight. I would check to make sure they do not have an incorrect address for him which could lead to problems.

Can I get my social security benefits transfer to new social security number?

Q: I have been living and working in the country for 15 years in the same company with a made-up social security number. I recently became a resident and now have a valid ss number. I have changed my social security number at my job to the new one, but I am not sure if I will lose all my accumulated social security benefits for changing numbers since my old one is fake. If so, is there a possibility to transfer it to new number? (Pittsburgh, PA)

A: I think you need to consult with an immigration attorney who is associated with a lawyer who handles federal criminal law, or visa-versa. I would think that you have been committing a federal crime, most likely fraud, for the past 15 years. If you try to “transfer” your accumulated credit from the fake Social Security number, you will likely be investigated and possibly prosecuted.

Can I be charged with possession? Cops only had the right to a body warrant search.

Q: My “boyfriend” said he was gonna kill himself. I called the cops. Cops asked if they had the right to just look for him and not search anything else. I’ve now been charged with possession and possession paraphernalia. (Pittsburgh, PA)

A: I am going to assume that the police were legally in your premises to attend to your boyfriend and somehow you are charged with possession of controlled substances. This leads me to think that the police observed controlled substances, in plain sight, or at least allege they did. If they did, then they can charge you. If they opened drawers or closets then generally, they are not permitted to. This is unless they would argue that they were securing the immediate area to ensure no weapons were within reach of your boyfriend which included opening drawers and looking under cushions, or what have you. If the place smelled like drugs or your boyfriend acted under the influence, they may have more reason to be overly observant. This area of 4th Amendment Search and Seizure is complex. You should review the search issue with an experienced criminal defense lawyer.

Can I win full custody of my daughter if his dad is a registered child sex offender?

Q; Father touched a 10-year old girl sexually. The case is still going on. I want full custody and to have father’s rights taken away. (Ben Avon, PA)

A: Terminating another parent’s parental rights is very difficult unless the other parent consents to it. I think what you are asking is whether you can get full custody to the exclusion of father because of the allegation against him. You can go into court on an Emergency Petition regarding the allegation and see if the judge temporarily modify custody. Your motion will have more bite to it if on the sexual assault case, police are contacted, charges are being investigated or filed and a forensic examination has been scheduled. As far as permanently changing custody, first, he needs to be convicted or plead guilty. If that happens, you can always petition the court for what you want. In custody cases, there are sixteen custody factors a court needs to consider in deciding a custody order. Talk to family law lawyer, they get in to this kind of stuff.

How do evict freeloaders when Father dies?

Q: I am the executrix of my father’s estate. There are grandchildren living with him for free. It seems like they’re trying to keep some of their siblings there all the time. I am trying to find out what I need to do to execute my father’s wishes when the time comes. (Jefferson Hills, PA)

A: It would really benefit you to sit down with an estate lawyer now with whom you can share all in information I would need to fully advise you. Your father has not died yet, but when you become Executor, you have full power and in fact the duty to preserve and marshal all estate assets. If the house is an estate asset, it needs to be prepared for sale unless it is devised (given) to the heirs that are freeloading in it. Preparing it for sale would involve requiring these people to leave, removing the contents, cleaning it and getting it on the market. If these people will not leave the home voluntarily, or otherwise become an obstacle, you will likely have to follow the law and evict them through the court. Your estate attorney can guide you through all of this.

Can I win full custody of my daughter if his dad is a registered child sex offender?

Q; Father touched a 10-year old girl sexually. The case is still going on. I want full custody and to have father’s rights taken away. (Ben Avon, PA)

A: Terminating another parent’s parental rights is very difficult unless the other parent consents to it. I think what you are asking is whether you can get full custody to the exclusion of father because of the allegation against him. You can go into court on an Emergency Petition regarding the allegation and see if the judge temporarily modify custody. Your motion will have more bite to it if on the sexual assault case, police are contacted, charges are being investigated or filed and a forensic examination has been scheduled. As far as permanently changing custody, first, he needs to be convicted or plead guilty. If that happens, you can always petition the court for what you want. In custody cases, there are sixteen custody factors a court needs to consider in deciding a custody order. Talk to your family law lawyer, they get in to this kind of stuff.