SON CITED FOR UNDERAGE DRINKING. SHOULD WE PLEAD?

Q: My son was caught underage drinking on a college campus. He was not breathalyzed, he admitted he drank. Can he be charged? Public safety supposedly questioned my son and friends. Three of them admitted to drinking, the others did not. They were told possible underage drinking charge or noise violation would be the outcome. We have to wait until the paperwork is mailed to us. Should I get a lawyer?

 

A: Yes, he can be charged with Possession, Consumption or Transportation of Alcohol under section 6308 of the crimes code. Hire a local lawyer. The lawyer will know different ways to ultimately get the case dismissed so your son can leave this event without a criminal record. Otherwise, this offense, although only a summary level crime, will stay on his record for 5 years and he can only expunge it if he has been arrest free in that 5 years. In addition, he will face a driver’s license suspension from PennDOT, if he pleads or is found guilty.

If blood comes back clear, will I still be charged with DUI?

Q: What are the limits for controlled substances Oxicodone, Percondan and Ambian? I was driving in the dark on unfamiliar road with no street lights and oncoming traffic with bright lights. My vision went double. I dropped a cigarette and reached for it. I fell down a flight of stairs 8 wks ago and still have black and blues on my face. I do take meds, some controlled, some not, but they taken earlier in the day, like 8 or 9 hrs before incident. Can I seriously be charged for taking prescribed meds?

A: You can, seriously. If you have controlled substances in your blood for which you have active prescriptions for, you can be charged if the laboratory test results can show that the levels were beyond the prescribed limit. This is difficult to do but can be done. The Commonwealth would add to this evidence the testimony of the police if your behavior was consistent with being under the influence. If you are charged, I would hire a lawyer to look closely at the blood test and maybe even petition the court to have your blood sample tested by an independent lab. Good cross examination of the Commonwealth’s “expert” at the preliminary hearing, if one is called, could really benefit you.

I live in Florida but am an Executor in PA

 

Q: I live in Florida and am executor for a will in probate in PA, Allegheny County. Do I need a lawyer licensed in both states to help me file tax papers. (Bradenton, FLA)

A: The state where the decedent had residency, is the state where the estate must be opened. If all of the property is in PA, a NJ lawyer may set up an estate in PA. For convenience, depending on the local PA law, you may be able to be sworn in as executor in the FLA probate court, to save some travel time. The FLA probate court then certifies the paperwork then sends your papers to the PA probate court. The PA probate court then admits them and certifies you as executor. If there is property in FLA, you may need to have a lawyer file for an ancillary estate in FLA, to handle the FLA property. I would consult with the PA lawyer first.

 

I REFUSED A BREATHALYZER TEST, HOW LONG DO I LOSE MY DRIVER’S LICENSE?

Q: I was given a refusal to breathalyze by the cop, reckless driving and a DUI how long am I likely to lose my license.

A: If you are ARD (Accelerated Rehabilitative Disposition) eligible, you will receive a 60 day license suspension on the DUI. If you do not receive ARD, you will receive an 18 month suspension on the DUI. PennDOT will suspend it another year for the refusal. If you plead guilty to the Reckless Driving, you will receive a 6 month suspension from PennDOT. I advise hiring an attorney to mitigate your damages.

Why is it that men are not treated the same as women when it comes to a PFA’s.

Q: My son’s mother always file mendacious, vituperous and false PFA’s when I don’t give her what she wants financially and she uses the PFA system to obtain custody as well.

A: Some say women are favored in PFA (Protection From Abuse Act) hearings. That has not been my experience. When the allegations in the PFA petition are questionable, I have always found the judge’s to be fair and where justified, deny the PFA petition. If there are no injuries, the story is suspicious and the man has a credible explanation, I find the judge’s to be pretty fair. Perhaps your son has not been represented by a lawyer and if so you may want to hire counsel for his next PFA.

 

IF MOM IS INCOMPETENT, HOW CAN WE REVOKE HER POWER OF ATTORNEY?

Q: How can durable power of attorney be revoked form an incompetent person? My sister and I have durable co- POA for my mother who is incompetent. Now my sister is suffering from dementia. We have one other sibling.

A: Do you mean how does an incompetent person revoke their POA? An incompetent person has insufficient competency to revoke their own POA. Read the POA carefully or have a lawyer review it for you. The POA either requires both of you to act together as co-agents or allows you to act independently of each other. So, if it allows you to act independently of each other and your sister develops dementia, you can act for mom and you don’t need your sister. If the POA requires you to act together, you have a problem. Since mom is incompetent, she cannot sign a new POA and you will need to file for a Guardianship through an attorney. It would be well worth the consultation fee to have a lawyer look at the POA. If you are co-agents with your sister, perhaps a motion in Orphan’s Court to remove your sister as agent due to her being incompetent, if that is the case, may work. A closer look at the facts will be necessary before advice can be given.

EX HAD MY CAR TOWED, WHAT CAN I DO?

Q: My car was towed from my place of employment by someone for no reason. Police will not help me. I believe it is my ex-boyfriend but have no proof. My car was parked in a secured employee parking lot and the people at the place where I work. He let them tow my car without paperwork. He works there too. They laughed at me and told me I was stupid. I went to police and they told me that the car is not stolen as he was cosigner on the car. I need help here, everything I own was in that car including my military paperwork from the national guard. I am a single mom and all of my 2 year old son’s belongings were in the car too including his car seat. We had just moved everything from my mother’s house and I had not unpacked the car yet. I thought it would be safe as the parking lot has a security guard and is for employees only.

A: As boy friend and girl friend with mutual ownership of a car, you have no protection of the Divorce Code as you are not married. Obviously a criminal case is weakened by the fact that you both of you own the car. You can talk the police to see if they will file criminal charges like harassment. If not, you can go to the local District Justice on a day when the Assistant DA is there and see if they will accept a private criminal complaint. You can also ask the police if they will file a Protection from Abuse Petition for you. If not, you can go to the Family Division and see if you can file one on your own. You have a problem in that you don’t have good proof that it was him. You need to start building proof for going forward. Keep records and a log of these events to build your case in the future if charges or a PFA cannot be filed this time.

IF MOM IS INCOMPETENT, HOW CAN WE REVOKE HER POWER OF ATTORNEY?

Q: How can durable power of attorney be revoked form an incompetent person? My sister and I have durable co- POA for my mother who is incompetent. Now my sister is suffering from dementia. We have one other sibling.

A: Do you mean how does an incompetent person revoke their POA? They cannot, if they are incompetent. Read the POA carefully or have a lawyer review it for you. The POA either requires both of you to act together or allows you to act together OR independently of each other. So, if it allows you to act independently and your sister develops dementia, you can act for mom and you don’t need her. If the POA requires you to act together, you have a problem. Since mom is incompetent, she cannot sign a new POA and you will need to file for a Guardianship through an attorney. It would be well worth the consultation fee to have a lawyer look at the POA.

EX HAD MY CAR TOWED, WHAT CAN I DO?

Q: My car was towed from my place of employment by someone for no reason. Police will not help me. I believe it is my ex-boyfriend but have no proof. My car was parked in a secured employee parking lot and the people at the place where I work. He let them tow my car without paperwork. He works there too. They laughed at me and told me I was stupid. I went to police and they told me that the car is not stolen as he was cosigner on the car. I need help here, everything I own was in that car including my military paperwork from the national guard. I am a single mom and all of my 2 year old son’s belongings were in the car too including his car seat. We had just moved everything from my mother’s house and I had not unpacked the car yet. I thought it would be safe as the parking lot has a security guard and is for employees only.

A: As boy friend and girl friend with mutual ownership of a car, you have no protection of the Divorce Code as you are not married. You can talk the police to see if they will file criminal charges like harassment. If not, you can go to the local District Justice on a day when the Assistant DA is there and see if they will accept a private criminal complaint. You can also ask the police if they will file a Protection from Abuse Petition for you. If not, you can go to the Family Division and see if you can file one on your own. You have a problem in that you have not proof it was him. Some proof would help. Keep records and a log of these events to build your case in the future if charges or a PFA cannot be filed this time.

My mother committed Medicaid fraud

Q: Hiding assets to acquire Medicaid for a nursing home. My mother put my father in a nursing home after I took care of him for 3 years and blocked me from being his POA. Also, they took all his assets and put them in my sister’s name to hide everything from Medicaid to pay for the nursing home. She is also taking his social security benefits and keeping that money. What can I do to help my father? He do want me to be guardian. Can anyone help me and are they committing fraud? Thank you

A: Medicaid regulations involve a five year look back for transfers of assets without consideration. When she filled out the Medicaid eligibility application, if your mother failed to report transfers of your father’s assets that took place within the five year period before Medicaid coverage was to start, this could be Medicaid fraud. It’s unlikely that your mother is taking his SS benefits, since they likely will be paid over to the Nursing Home. This is a big mess. You should look for an attorney versed in Medicaid law to straighten this situation out. If it is as bad as you say, perhaps you will be favored by the court over your mother if you file a guardianship petition. Most attorneys will work with you on the fee as they will be paid out of your father’s assets under court approval.