Will I be able to purchase a handgun?

Q: The offense was in 2006 and there were originally 2 counts and a simple assault. The simple assault was withdrawn as well as one of the two harassment charges.

A: 2709 subsections a 1, 2, 3 are summary offenses unless the offender has previously violated a PFA order involving the same victim, family or household member. In that case the grading would be enhanced to a misdemeanor 3. Subsections a 4, 5, 6 and 7 are graded as a misdemeanor 3’s. Under the firearms statute, you cannot possess a gun if you have been convicted of any crime punishable by over one year of incarceration. Misdemeanor 3’s are not and only punishable up to one year of incarceration. Summary offenses are only punishable up to 90 days in jail. As long as all your convictions are Summary offenses or misdemeanor 3’s, you should be eligible. Unless you expunged the higher crimes, you were charged with in the past, but which were withdrawn, like Simple Assault, (a misdemeanor 2) they will still show on your record which may cause you to be rejected upon applying. I would pay an attorney to file Partial Expungement Petitions for every crime you were not convicted of, wait till your record clears, then apply to purchase.

Can I get my first Aggravated Assault dropped?

Q: I was very drunk on St Patrick’s Day and don’t remember what happened but was told I was passed out in a street. When police and medics showed up I was put in an ambulance and then I attacked the medics and a nurse and was charged with 2 counts of aggravated assault, recklessly endangering another person and a disorderly conduct. I don’t believe anyone was hurt but I don’t remember a thing. I have no priors. Do I have a chance of getting charges dropped? (Pittsburgh, PA)

A: Possible, yes. There is a difference between someone who intentionally punches an EMT or Police Officer and someone who is blotto drunk and while flailing their arms around comes in contact with EMT and Police. When I have had these cases, and everything went as well as possible, the results were anywhere from a dismissal in exchange for a D&A evaluation or community service, to ARD, to the defendant pleading guilty to summary offenses. If these cases don’t go well, for example, it is usually where the victims want to push a conviction. If so, you may be lucky to have the charges reduced to Simple Assault. The fact that you have no criminal history is important. Your charges are generally not accepted into ARD, but the DA has the discretion of amending them to let you into the program. This type of case requires a lot of hustle for an attorney and there is no guarantee.

Must I give my landlord 30-day notice with no lease?

Q: Responding to a Craigslist ad, I verbally agreed to rent a room and split utilities with an existing lease holder for the remainder of their lease (6 months). Additionally, I paid a security deposit to the lease holder who in turn passed it to the landlord. No lease, or contract was signed. After 45 days the lease holder gave 30 days-notice that they were moving out. I asked the landlord for terms and/or a lease which I could consider. 10 days passed without any terms or lease provided. At this point I informed the landlord my intentions to move out. They are demanding 30 days-notice, which I reluctantly agreed to via an email while asking for the possibility of pro-rating the upcoming month’s rent. (5 days) The landlord became irate and demanded I adhere to at-will tenancy laws, which were not cited, and I have not been able to find/review myself. What are my options? (Pittsburgh, PA)

A: Generally, with no written will in place, a verbal lease agreement requires thirty (30) days-notice from bother parties.

How long does a Court take to finalize a divorce?

Q: I have filed the Praecipe to Transmit Record for my divorce in Allegheny County, PA. When I track the status of my divorce online, it says that the file was sent to Family Court. Approximately how long should it take for the divorce to be finalized? (Pittsburgh, PA)

A: It can take anywhere from ten days to two or three weeks to receive a Decree in Divorce from the Family Division. That is, assuming the paperwork you submitted is all correct. If it is not, you will receive a little card in the mail telling you how to correct your papers and what you need to resubmit.

Is there any legal way to get out of civil demand letter from Walmart?

Q: I got a Civil demand letter from attorney representing Walmart in a retail theft, shoplifting case. It states pay to $150 to us in addition to and/or in addition to criminal charges. In FAQ section of recovery pay it states civil demand is for security etc but also to serve as deterrent against shoplifting as well as punishment for the crime. How can they punish me criminally if the loss prevention guy said that I’ll be getting a summons in the mail for the incident?? To date I haven’t received this alleged summons in the mail. Paying the civil demand would be better than going through the court. (West Mifflin, Pa)

A: Normally, most attorneys advise clients to ignore the civil demand letter especially if it is from an out of state collections attorney. However, I have had more situations over the past two years where my negotiation for a withdrawal of the charges, included paying the civil demand. It depends. An attorney can guide you through this. As advised, they can still prosecute you even if you pay the civil demand. You can try negotiating a global release of criminal and civil liability, but I would do this through an attorney.

 

Can we go to couple’s therapy while she has a PFA order?

Q: I am not living in the house with her and she has a PFA order on me. I am told she is willing to go to therapy with me. I am so pleased but want to be careful. (Pittsburgh, PA)

A:  Probably not. Have your attorney or an attorney review the order. It is doubtful that it has carved out an exception for couple’s therapy. If it is the standard PFA Order, no contact means no contact. If there is contact, in any form, it is the Allegheny County Iron Hilton for you. She would need to petition the court to either vacate or modify the PFA order if you want to go anywhere with her. You should probably consult with a lawyer.

Public Drunkenness-what will happen?

Q: I have never gotten in trouble before, perfectly clean record. No speeding tickets, traffic tickets, or anything. However, the other day I ended up getting picked up for public intoxication. I walked into an apartment building which I initially thought was mine and alarms went off. Once I realized the alarms were going off I stepped outside and sat on the steps and waited. I did not want to make it appear that I was doing anything malicious, so I sat and waited for the police to come. I was completely cooperative and nice to the police. I understood that they were just doing that job and I was making that clear. Looking over my citation, there is no docket number or total due amount. I’m just wondering what exactly this means. Also, is there any possible way that the MDJ could possibly just void the citation? I’m just hoping to keep it off my record. I have done research and I understand that ARD programs could solve this, but I plan on asking about my options at the MDJ and don’t plan on fighting the case. (Brentwood, PA)

A: If you have a pristine record, I can understand your concern. If convicted, this non-traffic summary offense will stay on your record for five years before you can pay an attorney to expunge it. An experienced attorney can guide you on how to get this charge withdrawn. You may have to do something in exchange like community service or a drug and alcohol evaluation. Frankly, if you are so intoxicated that you walked into the wrong building, you may need this. In today’s gun-crazed-stand-your-ground- world, you could have been riddled with bullets from an AR-15. Also, even if this summary citation is withdrawn, you will have to expunge the record of its issuance. Until you do, the records will still exist for all inquiring minds to find. I would try to have it withdrawn instead of burning your ARD card now. It is nice to keep the ARD option for future use, especially if you do not stop drinking.

Can a convicted felon be executor?

Q: My brother wants to be executor of my mom’s estate. He’s a criminal and I won’t stand for that. He was convicted in Pittsburgh Pennsylvania and served a little time.

A: Much to your chagrin, yes. Section 3156 of the PA Probate Estates and Fiduciary Code excludes those charged with homicide but does not exclude someone with a felony conviction.

  1. Persons not qualified. Section 3156 reads as follows:
    No person shall be qualified to serve as a personal representative who is:
    (1) Under 18 years of age.
    (2) A corporation not authorized to act as fiduciary in the Commonwealth.
    (3) A person, other than an executor designated by name or description in the will, found by the register to be unfit to be entrusted with the administration of the estate.
    (4) The nominee of any beneficiary, legatee or person having any interest whatsoever, when such beneficiary, legatee or person is a citizen or resident of any country outside the territorial limits or possessions of the United States, when it shall appear doubtful to the register that in the distribution of the estate any such person will have the actual benefit, use, enjoyment or control of the money or other property representing his share or interest therein.
    (5) Charged, whether by indictment, information or otherwise, by the United States, the Commonwealth or any of the several states, with voluntary manslaughter or homicide, except homicide by vehicle, in connection with a decedent’s death unless and until the charge is withdrawn, dismissed or a verdict of not guilty is returned.

Now, if you feel that this person is otherwise not qualified, you can object to appointment by filing a Petition for Rule to Show Cause with the Orphan’s Court. If you feel the person is dishonest you may be able to tie his criminal history in with other instances of conduct. It may help if the crimes were those of crimin falsi, Latin for crimes of dishonesty. If you want to challenge his or her appointment, I suggest consulting with a lawyer.

How do I appeal denial of child support?

Q: I was denied reconsideration by judge and the current child support modification is in place. My ex (divorce pending) retired at age 40 due to stress. Judge failed to consider earning capacity. As he is a healthy male with no physical or mental limitations. Please answer lost in pa

A: You need to file all the required appeals which would start with Exceptions to the Recommendations of the Hearing Officer. If the Judge affirmed the Hearing Officer, then you would file a reconsideration motion which it sounds like you have already done. Once the judge denies your reconsideration request, you have thirty days to appeal to the Superior Court. I would consult with an experienced Family Lawyer with who you can share all the facts and whom can advise you whether it is worth an appeal.

Can my cousin file forgery charges on me?

Q: My uncle recently died. My husband and I was buying his vehicle because he could no longer drive. Two weeks before he died he handed us the signed title and told my husband happy birthday. Uncle was sick, and I was the caregiver. I did not go down right away and change the title. Now my cousin says when he gets out of prison he is going to press forgery charges on me. Can he? (McKeesport, PA)

A: Anybody can say they will sue somebody else. If he wants to have the police file charges, or file a civil suit through a lawyer, he will need evidence to base a civil or criminal prosecution on. This type of evidence would be the appearance of an obvious to the eye forgery, forgery supported by a hand writing expert opinion, or statements from witnesses. If this is not a forgery, you should not worry. If it is, see a lawyer.