Will retail theft charges be consecutive or concurrent for sentencing?

Q: What happens when 2 counties (PA) simultaneously charge Felony 3 retail theft and receiving stolen property lumped together? Husband recently arrested in Beaver County and charged w/2 counts each of retail theft and receiving stolen prop, all Felony 3’s. Allegheny County is also about to charge him with 1 count each of the same charge. He was on state parole at the time and his violation is the new charges. They are felony 3 due to his extensive criminal record; mainly from 10 plus years ago. The parole was from bad checks from 5 years ago. I know an F3 can result in 7 yrs. Unsure if 4 counts F3 mean 28 yrs? Consecutive or concurrent? Confused by the law…

A:  Two counties can charge him as long as each set of charges are for different offenses, arising out of different circumstances. For example, county A can charge for Retail Theft of shoes from Macy’s within County A jurisdiction but County B cannot charge Retail Theft for the same shoes from the same Macys in County A. County B can charge, for example, Fleeing and Eluding if there is a police chase in County B after the Retail Theft which happens in County A. In regard to the new charges, yes, although I wouldn’t expect it with your husband, the court can sentence consecutive (stacking) and not concurrent (merged). However, these types of crime probably “merge” for sentencing purposes. I think his potential parole violation is your biggest concern. The judge can sentence him to the balance of his prior probation sentence. If he is under the jurisdiction of the PA Board of Probation and Parole, his sentence will be whatever the PBPP normally doles out for parole violators in his situation under their rigid guidelines. If he is under state parole, he should ask his parole officer what the violation “hit” will be. If he cannot afford counsel for the PBPP hearing, he can request a Public Defender.

 

If my husband goes into a nursing home, will I lose my house and savings?

Q: I have power of attorney. My husband is 82 and in falling health. I cannot take care of him. My health is not good enough for me to manage his daily care.

A:  You and he will pay for his nursing care with private funds. When you run out of funds to pay his monthly costs, you will need to look for funding. You may want to look toward the VA if he is a military veteran, however, most people in this situation need to apply for Medicaid. An elder lawyer versed in Medicaid law can direct you through this process. Generally, Medicaid will allow the community spouse, you in this case, to keep the home and some amount of cash funds, depending on Medicaid regulations applicable to your specific case. Once you die, or leave the home, Medicaid may have a recovery interest in the home or the proceeds of the sale. Again, a legal opinion would be helpful as there may be ways to spend down or shelter a portion of this money. It would be worth the price of a legal consultation where your entire situation can be reviewed including income, assets your health, your husband’s health, other resources for medical funding, etc.

 

Sister is stealing from my mother

 

Q: My sister is being investigated for elder abuse on my mother and I am wondering if her employer is liable for her actions? So my sister was able to get a healthcare position with a local healthcare firm in which she is able to be my mom’s personal healthcare attendant. Now over the last month it has come to the forefront my sister has been stealing personal checks from my mother which caused a huge financial strain on my mom. The company is still allowing my sister to go to my mom’s home which has my mom terrified that she is going to steal again. Is her employer liable for her stealing since my sister is their employee and they haven’t removed her from my mom’s case?

A: An employer is generally liable for the actions of an employee, but not always. If the employer is aware of the wrongdoing of the employee and allows her to continue to be employed, liability against them is even better. However, your case is complicated by the familial relationship and can be further complicated if mother has competency issues. If mom is telling you that your sister is stealing from her but denying it to the employer, the situation gets more complicated and their liability decreases. If you really believe this is happening, you should put it in writing to the employer, or file a claim with them or whatever complaint procedure they have in place.

 

Can I get arrested for not responding to a subpoena?

Q: Can I be arrested for not responding to a subpoena that I have not received? I have recently received a phone call about an assault case that I witnessed. I have not received the subpoena yet. The case is over 200 miles away and I can’t afford the drive. So I’m stuck in a bind. Can I be arrest for not calling the prosecuting attorney back?

A: No, you can’t be arrested for not calling the DA back. You can only be arrested by not coming to court when you have received a subpoena. Wait could till you get a subpoena then contact the DA. You might want to call the DA back now and tell her or him your situation. Perhaps if you are a valuable witness they can compensate you for travel. Perhaps the case may be postponed, you never know unless you call.

Can PennDOT do this?

Q: Did not send in my PA license after a DUI in Maryland. Had no idea it I was required to until I received a letter from PennDOT. Stated today PennDOT has sent numerous letters to my home requesting my license to be sent in. I was living in Baltimore at the time and they had sent the letters to my mother’s house in Pennsylvania that was sold four years prior. In addition to sending the letters to someone else is home my mother had passed away in the meantime. Now PA Is requiring 4 more months of suspension which would make it one year from the incident. In addition to that they are requiring I have installed in ignition device for an additional year. At that time of the incident I was traveling to and from Baltimore Maryland to Pittsburgh Pennsylvania as part of my job responsibilities as a project manager for a construction company with various projects in both states. This coming week I served my one year suspension.

A:  Fighting PennDOT is tough. All the rules are against you. PennDOT will argue that you had a legal duty to change your address with the Post Office and to notify PennDOT of the address change. Obtain your driver’s license and restoration letter from PennDOT-you can call them or go on-line. Review the facts and the documents with an attorney to see if it is worth filing a motion Nunc Pro Tunc (for late appeal) to address any of the issues. If you do have to send your driver’s license in to PennDOT, follow the procedures on their website (with DL Form and restoration fee enclosed) by certified mail, return receipt.

Department of Treasury has money owed to the estate

Q:  The former administrator (attorney) of estate asked to resign from a case in 1998 which was permitted. A second attorney was assigned the administrator in 1998 for the deceased, who had no will. There are current funds that are being at the State Treasury for a substantial sum. Can the dead person’s daughter ask probate court to be assigned the administrator?

A: Based on the limited facts given, I am assuming that the estate was closed years ago? If the Department of Revenue will only release the money to the estate, all is not lost. If the estate was closed (which I am not sure it was) it can be opened again through a temporary grant of letters, to another person. If the daughter qualifies to serve as an administrator, she may be able to serve unless she is challenged by another heir for the position and loses the challenge. It is possible that the new proposed administrator will have to petition the court to reopen this estate. You should consult with an attorney so he or she can review the entire situation including the status of the estate to determine if it was administered and closed properly. If this estate was never administered properly, there could be unpaid debt and delinquent taxes owed which may not make it worth the trouble of opening again.

Can cops search my dorm room?

Q: Is there a case in this situation with underage drinking and possession? My friends received an underage and possession. A friend of mine had five of her friends having out in her dorm room (all girls). They were just watching television and drinking a little bit. A guy from the same hall walked in lit his bowl of weed and said he will go back to his room and get a fan. When he left the cops went to the girl’s dorm and knocked. A girl (non-resident) opened the door and the cop forced the door open all the way. He then asked if he is allowed to search the place but the resident said he needs to get a warrant. The cop then waited in the doorway for 4 hours, would not let any of the girls leave the dorm, and finally got the warrant. The girls told the police officer to leave but he said he won’t. The warrant was for marijuana and a alcohol.

A: I would suggest that everyone get a lawyer. No doubt the cops are angry at making them get a warrant but they should know about the warrant requirement. Possession of a controlled substance is a misdemeanor and the Possession, Consumption and Transportation of Alcohol is a summary offense. Both can result in a criminal record and each carries a driver’s license suspension. Each lawyer can advise each defendant on the law of possession. Each lawyer can examine the warrant and determine if it is legal. There may be a defense. If there is no defense, all is not lost. There are options for first time offenders, and the lawyer can advise you which ones are feasible under the circumstances.

 

How can I gain possession of a dead relative’s home.

Q: My uncle who was married died in 1972, his wife died in 2001. No kids. There isn’t a will and I wanted to know if I need a lawyer to go to Probate court.

A: You really need to sit down with a local probate attorney as there are too many issues here. For example, is the house in his or both of their names? Did she have children prior to their marriage. That is major. You may end up inheriting a portion of it with his wife’s heirs if both are on the deed. Much more information is needed as well, for example, is there a mortgage? Are there liens against the property for unpaid municipal services or taxes? Does your uncle have any judgments against him? If any of these problems exist, you would take ownership of the property subject to those liens and unpaid mortgages or taxes. In addition, has inheritance tax been paid? Interest begins to accrue after nine months and penalties can be imposed. You need to proceed with caution and do some research before opening an estate

Should we gift mom’s home to ourselves?

Q: Mom lives with us instead of nursing home. She had several strokes and wants to move back to her home which needs major repairs. How do we this sell her home and not lose it all if she would have need more care. She is 89, she has health insurance. We heard if she gifts it to us we could lose it if there were medical bills. How can we safeguard our investment to the home to make it livable? She has a daughter with power of attorney who also would like this to happen.

A: A gift of the home or transfer of any of her assets without fair consideration (like for a dollar) would likely result in the imposition of a penalty if your mother needs to apply for Medicaid at anytime during the five years following the date of the gift. That does not mean she is without options. It may be possible for her to pay for a caretaker, which could be you, but it should be done carefully, under a contract drafted by an experience elder law attorney, who is versed in Medicaid law. You may also want to consider being her live-in caretaker. To provide an answer to this question, an attorney would need much more consideration including details on her financial estate, her medical condition and health and life expectancy. It would be wise to consult with a local elder law attorney, before you do anything.

Can we reduce the restitution order my son is to pay?

Q: My son was convicted of burglary with 2 others and their restitution is combined. Is there a way to get it separated? It is understandable that they should pay all restitution. I have no problem with that. With the combined restitution there is no incentive to pay more on the fine and get it paid off, if the other 2 just pay the minimum. Is there a way to modify this, so he can get his paid off, and if one of the others dies, he can then again be held liable along with the other remaining person. With this being as is, my son is not serving a 2 to 8 sentence he received. It is more or less a life sentence. Just seems to me the system is set up to make you fail, instead of doing your sentence and fulfill your obligations to society. Would be nice to get something like this amended so he can try to move forward. Any advice would be appreciated thank you.

A: Restitution, if not paid at sentencing and apportioned between the defendants, in most counties is ordered to be paid jointly and severally with other co-defendants to maximize the chance of it actually getting paid. Joint and several means they are all responsible to pay the full amount to the extent it remains unpaid by the other participants. The victim is likely out property or had to pay to have his or her building or structure repaired. The victim also may have loss more than just property, like his or her sense of security and safety. Thus, judges are unlikely to divide up restitution between the participants because the victim might not get paid in that situation. Too much time has passed to have an attorney file a written motion to modify sentence. The only way in my opinion that a restitution order could be changed would be by agreement of the victim and the DA. I don’t know the facts here, anything is possible. This would generally be difficult to accomplish. So, for now, your son should do his best to pay the restitution to help make the victim whole and avoid a parole violation.