Can I have a felony warrant for a traffic accident with injury under suspended license?

Q: I was recently involved in a traffic accident involving injury while under suspended license. I was free to leave the scene. I have received the police report and that’s it. My father received a phone call from the sheriff looking for me with a felony warrant. Why is this and what steps should I take? (Pittsburgh, PA)

A: Because your actions arise to felony charges in PA. To be charged with a Felony 1 in these leaving the scene of an accident cases, there needs to be serious bodily injury. The police often charge this if there is just bodily injury, because it is not known at the time they file the charges if the victim has incurred serious bodily injury or not.
3742. Accidents involving death or personal injury.
(a) General rule.–The driver of any vehicle involved in an accident resulting in injury or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 3744(relating to duty to give information and render aid). Every stop shall be made without obstructing traffic more than is necessary.
(b) Penalties. —
(1) Except as otherwise provided in this section, any person violating this section commits a misdemeanor of the first degree.
Also, if you are operating a motor vehicle and have an accident when you are not licensed, i.e., suspended, revoked, etc., you can be charged with a Felony 3.
Do not make statements to the police and get yourself an attorney.

Should I fight for a speeding ticket for 5 mph over in PA?

Q: I got a speeding ticket in Allegheny County, PA. The officer cited “Speeding 60 MPH Allowed 55 MPH”. He told that I was doing 78 MPH (He did put that on the ticket: actual 78 mph), he was giving me a break and there would be no points and record. Should I just plead guilty and pay the $150 fine or hire a lawyer to fight for it? (Youngstown, OH)

A: Unless a motorist has a bad driving, record was going excessively fast, or was a jerk to the officer, most officers will work out a speeding ticket to 5 mph and under to avoid points being assigned to the motorists driving record. Usually the officers only do this at the hearing. If you trust the ticket is indicated so, you could mail in a guilty plea and the required payment.

Why didn’t his time start months ago?

Q: My boyfriend has been in jail for more than 6 months already. He was charged with theft, again, while in jail. The judge sentenced him to 6 more months, to be run concurrent with his other time. So why is his lawyer saying that his time didn’t start till 4 days ago? (Jefferson Hills, PA)

A: I would ask his lawyer first. Just because two sentences are “concurrent” with each other does not mean that they start and stop at the same time, or simultaneously. For example, if he is serving a 6-month sentence that started on January 1, 2018 it would end on June 1, 2018. If he was sentenced to a new 6 -month sentence on March 1, 2018, it will end on September 1, 2018, not June 1, 2018.

Can you change a contract after one party signs?

Q: I went into a vehicle purchase agreement with someone. After I signed the contract, the buyer wrote something in blue ink after one of the terms and then signed it. I did not agree to the new term. Am I bound to the original terms or is the new term binding? (Pittsburgh, PA)

A: One party cannot unilaterally amend or add new terms to a contract after both parties sign it. It is considered a counter offer, which must be accepted or rejected by the receiving party. If you did not agree to this amendment of the contract either verbally, or by signing or placing your initials near the amended or added term, you did not consent. I would reject the term in writing and make sure the document is given to the other party and you keep a copy for your records. Some people in this situation would write next to the term, “this additional term dated _____ is rejected”, and date and sign or place their initials next to it the added term.

Can I get my act 34 clearance if I have a felony EWOC?

Q: I need my Act 34 clearances for a day care position. I have a felony endangering the welfare of a child? (McKeesport, PA)

A: If you were convicted, no. You will need to find alternative work. If you were not convicted, meaning, the charge was withdrawn, dismissed or you were found not guilty, the arrest record may still exist, and you can expunge it. Then, if expunged you would be eligible.

What form do I use?

Q: What form would I use to request outpatient treatment for my father who is incompetent?

A: More information is needed to fully advise you. However, most people who need to act on behalf of another person, require a Power of Attorney. However, if the person is not competent to sign one, this will not work. In that situation you may need to become his legal guardian through a court proceeding. If a service provider will act on your request without either because you are next of kin, you may not need to be guardian for that specific purpose. Ultimately however, you may need to be appointed as his guardian.

Will a misdemeanor show on my record if I did community service?

Q: I provided a false name and then later sucked it up and told them. I went to court for it and was told I had to do community service. I completed my community service, and everything was ok. But on job applications it asks if I have had a misdemeanor before. I’m confused if it shows I have one or not. (Pittsburgh, PA)

A: I suggest that you find out if you pleaded guilty to the crime or were found guilty, and if so what specific crime it was and how it was graded. If “guilty” was entered, you must answer yes if asked if you were ever charged or convicted of a crime. If you were found not guilty or the misdemeanor or felony was dismissed or withdrawn, you would have to answer yes if asked if you were ever charged with a misdemeanor. If asked if you were convicted, you can answer no. If you were not convicted (not guilty, withdrawn, dismissed) of a misdemeanor or felony, the arrest record will nonetheless still exist, and you must pay an attorney to expunge it. Also, certain misdemeanors can be expunged after a certain amount of time passes. I suggest you copy your court documents from the UJS portal website or from the Allegheny County Clerk of Courts and take them to your lawyer. Once you are charged with a crime, that records stays in the system even if the charge is ultimately dismissed, withdrawn or you are found not guilty.

How can my wife drop a PFA against me?

Q: I have a 2-year PFA against me from my wife. She just emailed me a pretty sobbing story on how she was wrong. I refuse to reply or contact her by any means except by lawyer. Can it be any lawyer? Or how could I simply ask if she wants to speak. She really wants to drop the PFA. 90% of it was fabricated but I didn’t want any part of her, so I didn’t fight it. (Pittsburgh, PA)

A: Don’t trust her. The last client of mine that fell for this was dragged out his house in handcuff’s during a Penguins playoff game. Have your lawyer, or a lawyer, contact her lawyer or her, to see if she will sign off on a Motion to Vacate PFA.

Can my parent’s signed letter be considered a will upon their death?

Q: My mother is in the advanced stages of Alzheimer’s. My father has power of attorney over her. They are 85 years old. My sister and I do not live in PA. He doesn’t want to do a will. He sent me a letter in the mail which listed of all his assets and properties that are all paid off. He added in the letter that he wants me to be the executor, I get 3/4 of their estate and my sister gets a 1/4. He is afraid that everything they worked hard for will be given away (he has a lot). He insisted that I sell everything and not give it away. But he won’t get a will. Any advice will be appreciated. If I had some facts like how long it would go through probate? Meanwhile properties sit not maintained. How much will go to the state. If you don’t have a will do you pay more in death taxes or probate court? Thank you! (Alexandria, VA)

A: You need to tell him that his worst fears could be recognized by not having a will done by an experienced attorney which is in full compliance of the law. A bad will can cost his estate and heirs more money in the long run. In PA, a handwritten will, called a “holographic will” signed by the testator and witnessed by two persons who sign as witnesses, is admissible. A handwritten document signed at the end by the testator even if not witnessed by two persons is also admissible. However, in these cases, where the will is not “self-proving” through the notarization process, the witnesses themselves must come to court or their affidavits be obtained, The later instance (not witnessed) will involve a hearing in which the witnesses must be able to testify that the signature is in fact the testator’s signature and the directives in the will are in fact his testamentary wishes. It is a difficult standard to prove and the result would be that the will is inadmissible. If your father wants to give your more of the estate than the intestate laws (no will) provides, he should do a will through an attorney. If he refuses, have him write a document titled “Will”. He will need to write out to whom his property will pass and choose an Executor. Have him sign at the end, then have two witnesses sign beneath him. Make sure these witnesses are disinterested and will be available in the future to come to court or sign affidavits if needed.

My son getting sentence and the lawyer said he has a PSI what is that?

Q: He was in a car with some children and it was a gun in there and everybody in the case died except for him. (Philadelphia, PA)

A: A Pre-Sentence Investigation Report (PISI) is a sentencing aid, prepared by a probation officer to assist the court in understanding the full background and current circumstances of the defendant before sentencing. A PSI probation officer will be assigned. He or she will talk to witnesses, victims, the defendant, gather records and take statements from anyone who can provide relevant information that will help the judge determine an appropriate sentence. The defendant and counsel have the right to review the report prior to sentencing and can object to any portions of it that they dispute.