How do I go about representing myself in a criminal trial?

Q: While I was incarcerated I had a Public Defender representing me. After I was released from serving my Parole Violation I reapplied for the PD but was told my wife makes too much. Unfortunately, even at a discount, I cannot afford an attorney. I am already at the trial stage. I have two separate cases being tried and I refuse to take a plea since I am innocent on both cases and I will not let them bully me into a longer record and more time on probation or parole! If I must represent myself then I shall, I am not afraid to put in work on my cases! I only need to know what procedure or motion or petition I need to follow or submit in order to represent myself! I know each county in Pennsylvania can be slightly different and my county (Fayette) seems to follow their own rules, but I know I am afforded the right to represent myself by the US Constitution and they can’t deny that. (Uniontown, PA)

A: No one can advise you what to do without knowing all the facts and all the applicable law. You can probably find a lawyer to work with you. When I was a young lawyer, one of my first jury trial was done at a drastically reduced rate for a career criminal who had learned the law on the job, so to speak, while spending time in state correctional facilities. We ended up with a hung jury the first time, and an acquittal on the retrial. If you want to do this yourself, pro se, all I can say is read, read, read and reread the law. Go get em!

Should I settle my credit card debt?

Q: If a law firm sues me for a credit card debt, should I try to settle it with a phone call to them or hire an attorney? I was making payments to a law firm that collects debt. I missed 1 payment and they called me I told them that I lost my job and it was hard for me to make the payments. I agreed to make a fraction of a payment and they took it. They called me two days later and requested another payment. I told them I could not make another payment for at least 2 weeks. Then I received a letter from a local magistrate that I am being sued.

A: I would consult with an attorney before settling with this company. Many of these claims by debt buyers and not the original creditor. Claims by the debt buyers many times can be defended by being dismissed with preliminary objections or being knocked out at the trial. Often these debt buyers cannot prove the initial contract or any assignment to them from the original creditor.

The Commonwealth filed a notice of crimen falsi convictions. What does this mean?

Q: I filed a motion to substitute counsel and the following day the Commonwealth filed a notice of defendant’s crimen falsi convictions. I don’t know what that means and I just put a motion in to get a new attorney because my attorney misled and lied to me the whole time and I put all that in my motion. I’m confused too what this means. (Pittsburgh, PA)

A: Crimen Falsi is a Latin word for crimes of falsity, or crimes indicating dishonesty. Apparently, the Commonwealth is positioning itself for a trial with you. They are giving you advanced notice that they will introduce portions of your criminal history which constitute “crimen falsi”, if you choose to testify. These types of crimes are theft, burglary, fraud, receiving stolen property, bad checks, etc. By taking the stand you are putting your credibility at issue. Under the rules of evidence, the Commonwealth has the right to impeach your credibility with past convictions of crimes which demonstrate your past dishonesty, and therefore lack of credibility. When you receive the Notice of Crimen Falsi, you will have the right under the rules to file an objection to it in its entirety or any portion of it. For example, if one of the crimes is a retail theft for a pack of gum 20 years ago when you were 18 years old, you can object to that particular past conviction being stale. You need to research the rules of evidence on this. You should have a lawyer and not try to litigate this yourself because you may end up in jail. Would you perform minor surgery on yourself?

My son’s father just got his 2nd DUI

Q: My son’s father just got his second DUI. The first was pretty bad. He had a fleeing and eluding charge that was dropped to a misdemeanor in exchange for 2 months in jail on work release. This time he crashed into someone’s garage, totaled his car, damaged the homes garage and both vehicles inside it. His BAC was a .167 the 1st offense. This time it’s a .141. He has a relatively long criminal record. With a public defender (or per se) how much time could he be facing? (Kittanning, PA)

A:  A second DUI with a BAC between .10 and .159 calls for a minimum sentence of 30 days in jail. Not every county handles their DUI sentencing the same. In the larger counties, there generally are more options for alternative housing and electronic home monitoring. His prior sentence will probably foreshadow his new sentence so if I had to guess I would guess he may get 6 months in jail with some portion of it being work release. He will also have another driver’s license suspension, at least for one year. You really need to talk to an Armstrong County DUI attorney for a more specific answer.

In PA what happens if someone dies with no will and no relatives?

Q: In other words, he only has relatives by marriage such as nieces, nephews and their offspring. Would these be valid heirs according to the intestate succession law?

A: The PA intestate succession statute, http://www.legis.pa.us/WU01/LI/CT/HTM/, comprehensively covers the lines of familial lineage. It dictates who inherits from someone who dies without a will. A reading of this statute and a genealogical search should give you a good start, not to mention keep you very busy. There are blood relatives somewhere. There are numerous companies that do genealogical searches. Just google them. You can also hire an estate attorney.

What if relatives are not paying their share of property taxes?

Q: Property was turned over to us children. Two siblings passed away. Their children have not paid a cent of taxes for almost 18 years and now are holding us up from selling. What can I do? (White Oak, PA)

A: You really need to sit down with a lawyer to examine the prior deeds and estate papers to assess with certainty, what the present situation is. If you are correct, in that you own the property with the children of deceased siblings, and they are not cooperating with a sale, I would say you have a problem. You may have to buy out their interest. You could argue that what they receive should be reduced by the portion of real estate taxes and insurance if any, that they have not paid over the years. If this cannot be worked out, a petition for partition action in Allegheny County is expensive to file and litigate-for both parties. This is a matter that should be settled based on value of the property.

Can I get a charge dismissed for BUI with recordings of FSTs and a BAC of 0.083?

Q: We were stopped by a WCO standing on a dock around sunset for not having our stern light out as we were returning to our dock. WCO checked all safety features with no other violations on the boat. We complied with everything. There were 2 passengers with the driver. The WCO saw open beers on the boat and asked if we had been drinking and we said Yes. He then asked the driver to get off the boat and initiated 3 field tests which we recorded on our phone. It appears that he passed the tests. After the third and final test, the WCO shook his head and said “good.” he then proceeded to a preliminary breath test so driver asked if he has failed the field tests and the response was “I’m going to be honest, you are right on the border” After the prelim breath test, he placed driver under arrest and took him to a police station about 30 mins away to do a data master breath test where results came back 0.083. We have read the margin of error on data master tests is 0.004. Is this a good case for dismissal of charges? (Pittsburgh, PA)

A: Yes, as pointed out, it sounds like you have some good defense issues for trial. It is possible that the WCO will decide not to file, and/or the DA looks at the case and decides not to file given the disputable evidence. However, if law enforcement does decide to prosecute, the case will not be dismissed by a District Justice at the preliminary hearing and either of three things will happen: A) the trial DA will review the case and withdraw it, B) ARD will be offered if the driver qualifies, or C) the driver will go to trial, either jury or non-jury. Scenario “A” is unlikely, but can happen. Consult with a lawyer, preserve your evidence, remember, the WCO are now aware of you and will stop you again if there is probable cause.

I am a beneficiary to my uncle’s large estate. Executrix is silent.

Q: My great uncle died just over 9 months ago in Allegheny County, PA. The estate is in probate as we speak. The inheritance and estate taxes were paid a week or so ago (estimated inheritance tax paid 3 months after his death was 1,700,000.00!) This would indicate that his estate is quite large, correct? He had a condo that is just sitting there. Can a distribution be made prior to the condo being sold? Not sure why they are just letting it sit instead of listing it for sale instead! Can distribution be made and then another distribution made after the condo is sold? What if the executrix decides NOT to sell it but instead allow one of the heirs to live in it? Would that heir have to purchase it from the others? Also, don’t the beneficiaries have a right to know the approximate amount they may receive and the approximate time frame in which they may receive it? The Executrix isn’t sharing ANY info and seeing as how this estate is quite large, this inheritance could possibly be life-changing and the opportunity to plan ahead would be helpful. What is the protocol as far as letting the heirs know the approximate amount they may receive and when they may receive it? (Pittsburgh, PA)

A: Before you start spending your inheritance, I would check to be certain that you in fact are an heir. The Executrix has no duty to give you information, nor does the estate attorney. After nine months, an estate Inventory is due to be filed with the Register of Wills and an inheritance tax return must be filed with the Department of Revenue, unless there have been extensions. If there was a will, it will be on file with the Register of Wills. You could go to the Register of Wills and look at the Will to verify that you are an estate heir. You could also look at the estate Inventory to see what assets the estate is comprised of. This sounds like a lot of money, so my thought is that not all the money may be in the estate. There may be a trust or trusts involved. If you were an heir of an estate or a trust, you would have received a Notice in the mail. You might also want to hire an attorney to look up these documents and assist you in ascertaining your status as heir and verifying the amount of assets you stand to inherit.

How do I get the deed in my name?

Q: My husband and I lived in this home over twenty years. He passed away in 2016. His named is the only one on the deed and I I’m trying to get it in my name so I can refinance it. What do I do? (Forest Hills, PA)

A: If your husband had a will and left the house to you, or everything in his estate to you, you need to file the will and open an estate. As Executor, you can easily transfer the house to yourself unless it is an insolvent estate or there is a mortgage in which case you will need approval of the mortgagee. If there was no will and you have children, or he has children from a prior relationship, PA intestate law dictates who inherits and it would be you and the children. The best case for you is if you are sole heir in his will or there is no will and no children, there is no mortgage and sufficient cash in the estate to pay the expenses. Make an appointment with an estate attorney.

What kind of lawyer do I hire for an emergency guardianship?

Q: My sister who has been POA since 2015 has set in place a Personal Care Contract as she is the primary care giver to deplete my father’s assets to seek Medicaid in the future. He has a house being sold in 45 days. He won’t be eligible 5 years and he is at stage 6 of Alzheimer’s. She has breached her fiduciary duties in many areas, depositing his money in her personal account, has been deceptive in not posting promissory notes payable to me. I am not on the PCC. We all just learned that this lifetime contract is payable in a lump sum at the closing of the house. She said she is taking half which equated to $180,000. She has abused her role as POA. She has breached her fiduciary duties and is using this PCC to her own benefit as she is currently on the market for a house. A top-rated Medicaid attorney has drafted this PCC but my sister is not being fair as her greed for money has overstepped her bounds of looking for the best interest of my father. What are my rights? (Pittsburgh, PA)

A: There are several red flags here, at least the way you describe them. Depositing a principal’s money in her own account while acting as an agent in a fiduciary capacity, is a big problem, if true. If your suspicions are accurate, one of your remedies would be to hire an attorney to file a Petition for Accounting which would result in her having to file an account of all his funds spent by her. If warranted, you could simultaneously file to be her Guardian. Without more details, I the only advice I can give is consult with an elder care attorney versed in Medicaid regulations. It may be well worth the consultation fee.