Q: I completed ARD for a DUI in 2010 but still owe fine, can I still get my gun permit? My fine is narrowing down to the last $1,000.00. I need a gun before the Democrats ban them. (Pittsburgh, PA)
A: You didn’t complete ARD if you didn’t pay off your fines. The Allegheny County DA will not close your case until you do. You need to pay your court costs and/or fines off and let the Allegheny County DA expunge your record. Once expunged you should be clear
Q: He had a wife. My father is his only child, but the wife has 4 adult children. I read that step children aren’t considered kids in TN and that all his assets would have to be equal distributed between my dad (his only child) and his wife. (Pittsburgh, PA)
A: When a person dies without a will, the laws of intestate succession apply. In PA, the surviving spouse takes the first $30,000.00 and the balance of the estate is divided between her and the children born to both of them. (their biological children)
Q: I had a summary trial court date. The judge was confusing. And somewhat of a jerk. After I explained to him it was accident, he was having none of it. He said you can either plead guilty or I’ll find you guilty. I said, “either way you are screwing me”. On the form I got from the clerk it says I pleaded guilty. I don’t know why I’d show up to court just to plead guilty. Did not even notice until I was home. Can I still appeal? Or should I? (Pittsburgh, PA)
A: You can file a summary appeal if you are found guilty or if you plead guilty. It doesn’t matter. You need to go to the Allegheny County Clerk of Courts, fill out the Summary Appeal form and pay the filing fee which is around $100. As you hopefully have learned, the case will go better if you have a lawyer. Your next hearing will be in front of a Court of Common Pleas judge and the you will be treated better, but you need to be prepared.
Q: When my agreement was made I was living with my elderly father in his home. He has since passed away. In his will the house was given to my brother, sister and myself. The problem for me now is that I must take a mortgage out to give my siblings their equal 1/3 of what the property is worth. My income after my financial obligations is maxed out and does not leave me the ability to pay on a mortgage. In fact, I do not have the ability to find a place to rent if we sold the house outright. The only reason that I was staying afloat was that I did not have a mortgage or rent payment to pay. Unfortunately, this was not considered when I signed a totally one-sided agreement. (Pittsburgh, PA)
A: No one can answer this without looking at the agreement. If the agreement was incorporated and not merged into the divorce decree and the 30-day appeal period has lapsed, any terms agreed upon including alimony are probably binding. An experienced divorce attorney will know whether there is any chance of modification by looking at it.
Q: I want to move into a low-income apartment. Will I lose my Medicaid? Because I made a profit on the sale of my townhouse? I owe my cousin money and she will get my profit money. (Monroeville, PA)
A: I am sure if you applied for and are receiving Medicaid funding they already know about this townhouse, assuming it is in your name and you didn’t falsify your application. They may already have a lien on this house. There are too many questions here, to give you a competent answer. Like, is the townhouse in your name? Are the proceeds going into a trust of some sort? When was the trust established? Please consult with an attorney versed in Medicaid regulations.
Q: My ex-husband and father of my son had his 1st DUI in 2004 and did the ARD program, his 2nd DUI was in 2012 and he had house arrest, probation and 12-month license suspension. Now he had his 3rd DUI in December 2017. It was my understanding that this would count as his 2nd since the 1st was over 10 years ago. However, I looked up the docket sheet on the public website and it says the charge is: 2 75 § 3802 §§ C* DUI: Highest Rate of Alcohol (BAC .16+) 1st Off. Why would this be only the 1st offense? The offense from August 2012 says: 6 75 § 3802 §§ C* DUI: Highest Rate of Alcohol (BAC .16+) 1st Off and 2 75 § 3802 §§ A1** M DUI: Gen Imp/Inc of Driving Safely – 2nd Off. These all happened in different counties (Allegheny, Butler and Beaver) if that makes a difference, all in Pennsylvania. (MacDonald, PA)
A: The police normally charge DUI’s as a first offense because they usually do not have access to a comprehensive criminal record check at the time of arrest. The charge is more accurately amended when the DA has had time to run a more thorough background check once the case is sent to the Common Plea level. It is likely his prior DUIs will be discovered and this will be his second in ten years, thus charged as a second DUI. He won’t receive any benefit for spreading his drinking and driving among different counties, they are all charged under state law.
Q: There was a PFA put on him while he was in jail, that he wasn’t a part of because it was an alleged domestic situation. She has been contacting him to see his child and asked him to be around. If she allows him over numerous of times, is she in violation? (West Mifflin, PA)
A: No, he should avoid her like the proverbial plague. PFA law is a one-way street. The law is designed to protect the victim and no contact means no contact. There is no in between. He would be arrested if he visits her, an argument breaks out and she calls the police. Now, once he is arrested on the PFA violation, he can use her contacting him to establish that the PFA was void by her actions, at his trial. If he wants to be safe, get her attorney to file a motion to vacate the PFA.
Q: He had his lawyer do his will after the diagnosis. The doctor giving him a 10-year possible lifespan prognosis. He has no wife or children. He has two siblings older than him and nieces and nephews. We are not romantic, but we have social outings and travel together. He pays. He also gives me around $700 a month to help pay my mortgage. I am 74. I fear when he passes that I could have trouble from his sisters and the nieces and nephews contesting the will. His estate consists of a 2015 Corvette Stingray, a 2016 Rav 4, a $180,000 home and about $150,000 in the bank plus a coin collection. No bills other than monthly utilities and living expenses. What should I do when the time comes? (Clairton, PA)
A: If he was competent when he executed the will, and the will is in compliance with the law, you should be fine. Anybody can say they will contest a will, but it is difficult to do. If the testator was competent and there is no clear and convincing evidence that the will was a product of coercion or undue influence, they have no claim. Because you are not married to him and you are not family, is irrelevant. He is free to leave his estate to whomever he wishes. There is nothing you can do except make sure his original will is preserved and kept safe. If it would disappear before he dies, then his biological heirs will inherit from him, and you will be out of the picture.
Q: I attend a college and one of four roommates made a complaint about the smell of marijuana in the living room. I am a user and so is another roommate. The campus cops barge in and only check our bathroom (there are 2) and they smelled it so charged us with possession and paraphernalia. But, they never conducted a search like they said they would so there isn’t really any solid evidence besides the smell and bag being on the fire alarm. We were told we would receive a letter in 72 hours if we were charged and we did not receive anything until now February, four months later. What can I do to go about this? (Moon Township, PA)
A: It sounds like you are over 18 and have been charged with two misdemeanors. Yes, they can take four months to charge you. If you do not have your charges handled correctly, this event can ruin your life. I would invest in an attorney. He or she can determine if you have a probable cause or possession defense, and if not, if there is a diversionary program available to you which can prevent you from having a record.
Q: My son picked up a minor. The story goes he coerced the child into doing something but I am not sure what at this point. Is this a misdemeanor or felony? (Upper St. Clair, PA)
A: If the alleged victim is under 18 and the accused over 18, Unlawful Restraint can be charged as a felony. Corruption of Minors can be charged as a felony if the alleged corruption is sexual in nature. I highly advise your son to not make any statements to police and to get him an experienced criminal defense attorney immediately. The potential stakes are high. He could be facing jail and be subjected to 10 or more years of Megan’s Law conditions.