Can I be convicted on one person’s word?

Q: I went to store to purchase some items. Some stranger was standing next to me at store. Next day when I went to the same store that random stranger is blaming me for pick pocketing his mobile saying I was the only one standing next to him and when I left his mobile was missing. He doesn’t have any evidence nor any eyewitness and there’s no CCTV as well. Is this evidence enough for conviction? If not, what evidence will state require for conviction? Will I be entitled for benefit of doubt in this case? (Pittsburgh, PA)

A: If in fact, that is the ONLY evidence against you, and the alleged victim did not see you take the phone and can only say you were nearby, I think you have a good defense. The standard for a criminal conviction is that the state must prove you guilty beyond a reasonable doubt. The law does permit a person to be not only arrested, but convicted solely on the word of another person. However, in these situations, the person’s word must be extremely believable.

Question about act 122?

Q: Can you complete act 122 without the parole office? I’m not on parole, also what is 21cf sent to PennDOT versus act 122? (Pittsburgh, PA)

A: You receive Act 122 clearance once all your drug and or alcohol treatment has been completed and all fines have been paid. You need to tell your probation officer. The DL-21DF is a PennDOT form which is sent by your County Clerk of Courts to notify PennDOT that all costs and fine have been paid. You can also call the Allegheny County Clerk of Courts and ask to speak to the Act 122 person.

Will I get arrested for lying about drugs on Facebook messenger?

Q: I was trying to convince someone I was messed up so they would leave me alone so I said I was having sex for heroin. After I blocked the man (from Florida) on Facebook he drove to Green Tree (Pittsburgh) and messaged me after I told him I wanted no further contact and said he was going to the DA’s office to report prostitution. I was wondering if I could be arrested for that even though I have no drugs in my system. I was trying to get him to think I was too sick to be involved with him because he wanted me to move with him to Florida when I barely know him. He knows a lot about the legal system though which scares me. (Greentree, PA)

A:  If he is someone that trolls for sex on the internet and is desperate enough to drive to Pittsburgh from Florida for it, it is doubtful he will speak to law enforcement regarding his interactions with you. His threat of reporting you is just more manipulation that he hopes you will fall for. He probably knows the criminal justice system because he has been through it. His actions also sound closer to extortion and harassment.

Question about the Executrix fee

Q: My sister was left as the executrix of my mother’s estate but my mother’s will divides everything evenly among 3 children. To my understanding she gets an additional 5% as being the executrix? Now with, that being said, my mother had a reverse mortgage on her home. The house sold for 184,990.00 settlement expenses were 12,114.44 then the reverse mortgage had to be paid back in the amount of 137,319.03 which left the amount of net proceeds to be 28,741.91 Now does the 5% come from how much the house sold for which is the 184,990.00 or does the 5%come from the net proceeds of 28,741.91? Now I’m only asking because she is giving us a hard time with this and I don’t trust her or the paperwork that she sent to me and my brother that she wants us to sign. I would appreciate some help if you can give it. Because there is a big difference in the amount of money that she is getting compared to what we are getting. (Mt. Lebanon, PA)

A: Generally, executor and attorney fees are calculated from the gross estate, not the net. As far as the percentage for a permissible fee for an executor, 5% is generally the figure people speak of but it is not exactly a correct calculation. The permissible fees for executors and attorneys is explicitly addressed in an old PA common law case, titled the Johnson Estate. When there is a dispute over either fee, this is the case that many courts in PA look to. Johnson uses a sliding scale depending on the type of asset and the monetary value. It is not a straight application 5% for all assets.

Can we use a voluntary lien against a home for loaned furniture?

Q: My father passed away recently. He married a woman a few months before he passed who, well, let’s just say, is not the most trustworthy person. He left her his home in his will that was paid for and lien free. The contents of the home were also left to her. However, each of his six children was allowed to claim one piece of favorite furniture, (i.e six pieces of furniture in total). Of course, she would prefer us to leave the furniture and in fact offered to buy it back. Realistically that’s cost prohibitive for her, even if anyone was willing. As I mentioned, she isn’t the most trustworthy person but we are willing to leave the furniture for her to use freely until her death or sale of the home. These antiques are valued at approximately $35,000-$40,000. We would like her to file a free lien against the home or have a secured debt drawn up to ensure the value is protected and that we get it back. She will likely leave the home to her daughter at which time we would want the furniture back “if she doesn’t sell it”. We simply want to secure the value in case something happens. Can we accomplish this by using the aforementioned methods for security? (Swissvale, PA)

A: You can do several things however more information is needed to appropriately advise you. If these pieces of furniture are left to the children through his will as specific gifts, I would likely advise to get them out of the house now. If you really want to leave these items in the house, you can have her sign a promissory note and confession in judgment for the value of the items. If she becomes the owner of the home (via the estate) and there are no prior judgments against her, this judgment will act as a first-in-line lien against the home. This should secure your interests better, rather than waiting to file a claim against her estate after she passes, assuming her heirs even open an estate.

How to go about getting Letters of Appointment in PA?

Q: I am trying to receive unclaimed money from my mother’s and father’s estate. The unclaimed amounts are not yet with the state, but are being held by Wells Fargo. I am told I need Letters of Appointment for each. Where and how do I get them? (Pittsburgh, PA)

A:  Banks and financial institutions often tell people to “get letters”, or “get a short certificate.’ It sounds like a simple process as if every attorney has a stack of them on file that he can hand out for the asking. What these terms actually mean is that an estate needs to be opened in court. This is usually because the asset is titled in the decedent’s name and can only be passed on to another person from the estate of the decedent. Opening an estate involves preparing and filing a Petition for Probate, estate advertising, Notice to Heirs, Certification of Notice to Heirs, an estate Inventory, an inheritance tax return, possibly income tax preparation and closing of the estate. You should not do this on your own and will need an attorney. My advice is to consult with an attorney. There may be a way to get this money without opening an estate. Some companies accept Waiver of Estate Affidavits, especially if the company is based in another state with different or more liberal probate laws. Also, you may be able to accomplish obtaining this money by a Petition for Small Estate. It has some formality and must go through court but generally should involve less legal fees and time.

Will my son go to jail for simple assault?

Q: Back in March my son who has an anger management issue donkey kicked me down the basement steps and I sustained a fracture of my right heel. It was a very significant fracture necessitating surgery and the physician feels that I will continue to have issues the rest of my life because of it. He and his five-year-old daughter had been living with me and now that he was arrested he refuses to let me see my granddaughter. Will he have to pay the medical costs that I have incurred? Will I be awarded any pain and suffering? Will he be forced to let me see my granddaughter or will he get jail time? (Glassport, PA)

A: He is in criminal court. The only decisions will be if he is guilty and if so, does he get jail time or probation. Criminal Court can make anger management counseling part of his probation. Criminal court can order him to pay back restitution (in your case, out of pocket medical expenses) over the course of his probation. Criminal Court can order him to have no contact with you. Criminal Court cannot award pain and suffering. Criminal court cannot do anything with custody of visitation of your daughter. If he gets jail time, unless the mother of the child is able and willing to parent, you may be eligible to be awarded temporary custody in Family Court. You may want to contact a Family lawyer to ask in the event your son is incarcerated, or a no contact order is invoked, if you have standing to file for custody or visitation with your grandchild.

Borough won’t let me sell my house

Q: I am selling a rental house. The borough won’t let me sell it until I get a building inspector to check it for dye tests, taxes, etc. It is now costing me $5,000.00 more when the buyers said they would take it as is and would pay for it since I’m selling it so cheap. Can a municipal borough stop my sale and make me pay for the things before I sell the house? The borough has held us all up for three months. Is this legal when it was already checked two years before I sold? Also, my borough is deep into debt and just got a new building inspector who is a part-timer, third party paid assassin. The new owner doesn’t understand this either. (West Mifflin,PA)

A:  Generally, when you sell a home, the seller must bring the house “up to code” (safety codes to ensure there are safety violations). You can obtain a list of what the borough requires before the municipal inspector comes for his inspection. If everything is up to code before the inspection, a certificate of occupancy is issued by the borough, and there is no reason for the inspector to come back a second time. The purpose of this is to ensure that every time a house is sold it is safe in that it meets all electrical, fire and structural safety standards. Normally, the expense of obtaining the permit is on the seller. However, the seller can negotiate with the buyer to bear this responsibility. I do not know what you have negotiated with the buyer or what your sales agreement says regarding this issue, but you might want to see if the buyer will pay for this expense.

When someone runs a criminal record what shows up?

Q: I’ve always heard after 7 years your criminal record means less. I’m just wondering why? Thank you in advance! (West Homestead, PA)

A: You have heard wrong. There is no expiration date for most criminal records. Under the recent amendments to PA law, you can now expunge a misdemeanor 2 after 10 years of arrest free behavior and a misdemeanor 3 after 7 years of arrest free behavior. Also, summary (Disorderly Conduct, Harassment, etc.) convictions can expunged after 5 years of arrest-free living. Please remember that the arrest record remains in the system even if your case was dismissed, withdrawn or you were not found guilty.

How can points be removed from a driving record even if you plead guilty?

Q: I have recently received a traffic violation for improper passing in a no passing zone (3307) which is correct. I’m pleading guilty and getting ready to pay the $25 fine along with the other costs that come with citations. I’m worried about the points that will end up on my driving record and if I will lose my license. Is there a way to get rid of the points? I’m a graduate student doing a clinical placement and this is my first traffic citation and I’m wondering if it’s even worth trying to get rid of the points since my placement is five days a week.

A: A violation of 3307 of the Motor Vehicle Code carries three points. If you plead guilty, this is what will happen. I would advise to plead “not guilty” and request a hearing. Unless you argued with the officer, he or she may work the case out to a lesser offense. It is common for attorneys to do this. It is quite possible that your charge could be amended to another offense that carries no points. Under the PA Motor Vehicle Code, 3 points come off your record for every twelve consecutive months in which you are not under suspension or revocation.