The Judge refused my guilty plea

Q: I went to my sentencing on August 29th n the judge refused to take my guilty plea. What happens next? (Pittsburgh, PA)

A: You need to ask your attorney. He or she will know. A judge has the discretion to accept or reject a plea bargain. A judge normally rejects a plea bargain because it is too lenient (easy) on the defendant but can also reject because it is too harsh on the defendant (very seldom). My guess is the judge thought your plea deal was too lenient. Your options now are for your attorney to negotiate a different plea bargain, or, choose to go to trial and ask the judge to recuse himself and have the case transferred to another judge.

On probation for aggravated assault, is it illegal to gamble?

Q: I got a gift for my birthday which was a lottery ticket and don’t know if I can cash it. (South Park, PA)

A: The lottery is legalized gambling, the operative word being “legalized”. Unless the terms and conditions of your probation prohibit going to Casino’s or buying scratch cards, you should be OK.

Will my PO find out if I was hospitalized for “consuming” K2 in another county? (Sewickley, PA)

Q: I was in a neighboring county enjoying myself at the annual fair grounds. Apparently, I unknowingly ingested synthetic cannabis, but I don’t remember even having it or smoking it. The police report only states that I ingested it. Not that it was found on my person. Also, it states that I was found passed out and when I awoke I was handcuffed for being combative. I was taken to the hospital. No charges were filed. I was dehydrated, and they gave me sodium chloride to give my body fluids and a sedative called Ativan. When they gave me papers it said that I overdosed accidentally on the summary from the hospital. (Sewickley, PA)

A: Sounds like a good time. Maybe, maybe not. If you were cited or charged with a crime or non-traffic offense, it is more likely. I would look at your probation papers to see what your conditions are. In many counties, the probation office gives you a document which specifies your conditions. If one of the conditions is that you must report any new arrest or citation, then you run the risk by not doing so. Your conditions probably state that you must refrain from using drugs or alcohol but do not require you to report such use. My guess is that your PO should not know of it unless the officer who handled your hospital trip, runs your record, sees your prior case, knows you are on probation and calls your PO. It happens. Not to lecture you, but you could have died from whatever you ingested or have been seriously injured. Hopefully you will learn from this experience.

Can Medicaid recover funds from an estate of a person who died 2 years ago?

Q: My Grandmother passed in 2016. She utilized Medicaid for the last few years of life, including staying in a constant-care rehabilitation facility and hospitalizations for a stroke. After her death, an estate was opened. We reported to the state an estate value of $9,000. In May 2018, a distant cousin passed, and the remainder of their estate was disbursed to his next of kin. A check for $80,000 was made out to the estate of Grandmother. In June 2018, the state attempted to recover Medicaid expenses – $230,000 worth. They requested a full payment of the value of the estate, which was reported as $9,000. This was paid. In that payment, the state mentions that they could attempt to recover additional money into the estate. Can the state now – 2 years after death – come for the additional inheritance that was disbursed in May 2018? Or is that money safe to disburse from the estate to the living next of kin? (Upper St. Clair, PA)

A: It is true Medicaid can recover funds payable to an estate after the estate closes, or which are discovered later for whatever reason. I find it strange that there was an asset payable to your grandmother after she passed. If your grandmother died in 2016, it would seem to me that any inheritance from a distant cousin who dies in 2018, would “lapse” under PA probate law. Meaning, generally, a dead person cannot inherit money. Their inheritance is deemed to lapse or be void upon their death. In that case, their inheritance passes to an alternate beneficiary named in the will, or an alternate beneficiary under PA intestate law if there is no will. However, I understand in fact the payment to the estate was made. I would be careful here and have an attorney examine the payment from the asset to see if it can possibly fit into

Can a mediation service file criminal felony charges for a debt?

Q: I am receiving calls from a mediation service for a debt I’m not sure I even owe. I have dealt with the company they claim to represent about 3 years ago. They have threatened to file felony theft charges with the district attorney if I do not pay immediately. (Pittsburgh, PA)

A:  They sound like scammers, flim-flam men, con-artists, shysters, grifters, sleaze merchants, crooks, fleecers, con artists, hustlers, swindlers, bilkers, bunco artists, cheaters, clip artists and altogether bad men or women. If you were to be arrested, the police would contact you and no one else. These algae eater, bottom feeders are hoping you are gullible enough to pay them by credit card. Don’t do it and tell them to go pound salt!

Should the attorney attend the preliminary arraignment in PA?

Q: My son is facing 3 criminal charges. We have hired a criminal defense attorney and have been told by our attorney that he (the attorney) doesn’t need to be at the preliminary arraignment. After reviewing the criminal process in Pennsylvania, it seems like the District Magistrate will be questioning my son about what happened. This seems like a good time to have the attorney present. Could a PA criminal defense attorney give me some insight? Thank you. Should an attorney be present at a Preliminary Arraignment in Pennsylvania? (Pittsburgh, PA)

Q: In Allegheny, attorneys never attend Preliminary Arraignments unless they can bill the client for it or get news coverage. The District Justice will not be questioning your son about what happened. The DJ may ask questions regarding bond only-his address, phone number, etc. The purpose of the Preliminary Arraignment is to set bond, hand the defendant his criminal complaint and a subpoena for his next court date which is his Preliminary Hearing. I think you should follow the advice of your counsel.

Can I get a public defender to help me with a warrant?

Q: I have a warrant for a simple assault charge. I have a court date coming up. I also want to get a public defender for my court date and to help squash warrant. (Pittsburgh, PA)

A: Public Defender’s in Allegheny County do not deal with warrant issues. It is not deemed a critical stage of prosecution. However, you can obtain a Public Defender to represent you on the new charges at the Preliminary Hearing stage. You will need to go to Room 400 of the County Office Building and sign up. You will be appointed counsel if you qualify-meaning if your income is at a certain level.

Can my mother and I sell her home and dissolve the life estate?

My mother is 89 years old and developed mild dementia and heart disease. The doctor does not want her to live by herself, so she has moved in with me. We set the life estate up about 5 years ago after a lawyer assured us it was the right thing to do. I am the only surviving child and do not plan to put mom in a nursing home and will use hospice if needed in the future. I do not want to rent the property because it is about 100 miles from me and would be more trouble than it is worth. Can I sell the property since I am providing my mother with a place to live and am also her caregiver? (Baldwin Borough, PA)

A: I would need to know is the life estate in the deed or a trust and look at the documents. If in a deed, does the life estate terminate upon conditions of her death or her being unable to live in the home independently? If in a trust, the trust will have similar conditions which constitute the ending of the life estate. Who does ownership pass to when the life estate conditions have been fulfilled? If one of the conditions of the life estate terminating is her being unable to live in the home independently, then that condition has been fulfilled and you should be okay. However, you should review the paperwork with attorney for a more definitive answer.

Can I get emergency medical power of attorney for my brother in Tennessee?

Q: I’m in Pittsburgh, my brother is in Nashville. My brother had end stage cirrhosis of the liver and had to have emergency surgery that left him with a permanent ileostomy. He detoxed at the hospital, but he is a chronic alcoholic. His mind is confused, and he is in denial about his entire situation. He has discharged himself several times against doctor’s orders and is in very grave health. He needs to be admitted to the hospital and stay there for medical care. The hospital told me they do not do any type of psychiatric evaluations. (Pittsburgh, PA)

A: You need a lawyer who practices in Davidson County, Tennessee. An attorney who does hospital visits would be great. If you brother is competent and willing, the attorney can prepare a POA for your brother to sign. If your brother is not competent to sign documents, the attorney can advise you on the next step which would either using the mental health system to have your brother committed if he is a danger to himself or others, or if necessary, filing a petition in court for you to become his guardian. You really do need an attorney in that location. You can call the county Bar Association to see if they have a lawyer referral program. Good luck with your situation.

Can we commit our alcoholic dad?

Q: My dad is 59 years old and is a chronic alcoholic to the point he is starting to lose his mind. We think he has brain damage from the alcohol. We don’t know what else to do. He’s now homeless never wants to eat and doesn’t want to go to the doctor. Basically, he wants no help he says he wants to die. We know he is very depressed and he is not mentally right anymore. He raised us alone after my mom passed away. I don’t want him to die like this. So how can we have him involuntarily committed? He is a danger to himself. (Pittsburgh, PA)

A: If his behavior meets the standard under Section 302 of the PA Mental Health Act regarding being a danger to himself or others, you can probably commit him. There is a plethora of free public information on the subject. You can try calling an organization called “Resolve” for help. You can also call a hospital, the police, or even legal services for a referral. Generally, they need someone to be the petitioner, which can be you if you are willing. Based on what you are saying, he may not meet the standard under 302, but it may be worth a try. You should also call Greenbriar, Gateway and Pyramid. They are drug and alcohol programs with in-patient and out-patient programs and may offer advice. If he can be persuaded perhaps a 28-day detox and in-patient follow-up can save him. Good luck.