Q: I pleaded nolo contendere to a DUI as part of a Phoenix Docket seven years ago and have been free of arrests and convictions since. Is it possible to get this expunged in PA?
A: You may not be entitled to a full expungement but under the November 14, 2016 changes to the PA Crimes Code, you may be eligible for a limited access order if you have a clean record for 10 years and your DUI was not graded as a misdemeanor 1 or above.
EXPUNGEMENT, DUI, LIMITED ACCESS, MISDEMEANOR
Q: My son had an accident he was at fault for and died. He only had liability insurance. A lawyer for the occupants of vehicle he hit want to be administrator of his estate. He has no estate. The petition was sent to me as next of kin. My son did not reside with me. At the time of the accident he was living in his own apartment alone. Do I need a lawyer? Why? Should I petition to become administrator?
A: PA law will qualify only certain types of people to be Administrator of an estate. It follows the intestate statute and therefore next of kin is favored. However, it does allow a creditor, someone who is owed money, to qualify. I would need to know more, but the lawyer may qualify as his client has a personal injury claim against your son and now an estate needs to be open to have a legal party to sue. If you want to be administrator, you could contest the petition of the lawyer, and file your own in which you would request to be the Administrator. The lawyer would probably prefer that. The question is, do you want to be the Administrator? Is it worth the time and expense? What you are describing sounds like it could be an insolvent estate? Therefore, you should take all the papers to an attorney. Before you do, investigate what assets your son had. If your son had very little assets, it may not be worth it to you to be Administrator. There are costs involved in filing to open an estate, not to mention lawyer fees.
Q: My husband I go to a local Fireman’s club that we are members of. They have a class C liquor license and serve food. I’ve been a member there for four years. I went to renew my membership and the club escorted me out. They told me I am banned because I’m on county probation. I do not drink. We sit at a table and have some food. They knew I was on probation and never said anything. I know that a kid went to the steward and told on me. Is there anything in the liquor control law statue on private clubs and serving members if they are on probation? I have my probation conditions that state I may not consume alcohol or use any type of drugs (which I do not). Nowhere on my conditions set forth by the county or court say I can’t be in a private membership club.
A: This is not a public place. A private club can set its rules as they wish, if those rules don’t conflict with state or federal law. If their by-laws and club rules do not allow persons on probation to be in the premises, there is not much you can do about it. Your house is private property, and you can tell anyone present to leave if you do not want them in your house. If they do not leave, they are a trespasser. I imagine no private club wants probation officers stopping in to check on defendants.
Q: An ex-girlfriend told me that I was her child’s father after almost 13 years later. She had her previous boyfriend paying child support for all those years, and I guess they’re separated now. I heard she was saying her support wasn’t enough because he was on SSI and now I’m next in line because I have a good paying job. I’m married now with a family and didn’t see this coming. (Bridgeville, PA)
A: If you never signed the birth certificate, or signed an acknowledgment of paternity form, held yourself out as the father or paid child support, you may have a defense. If you are served with a child support complaint, take it to a lawyer. The boyfriend may be estopped (barred) from not paying child support because under the law he may be deemed the putative father.
FAMILY LAW, CHILD SUPPORT, PATERNITY, ESTOPPEL
Q: My ex left my residence on May 11, 2016. I filed a PFA against him. It went into effect then and it is a three-year order. I still have his clothes. I spoke to him after he vacated my apartment and told him I was going to get rid of his stuff. He said to me ” do what you have to do” and I haven’t heard from him since. It will be a year in July. Can I throw it out or donate his clothes?
A: If it is just clothes with no real value, one would think who cares? However, with an active PFA, he really cannot talk to you. If you want to be super cautious, I would pack it up and make it available for pick up for a certain time period. Have a 3rd party write him, call, email, whatever way of contact you have, to convey the pick-up dates and place. Save the letters and emails as evidence. If he wants to exhibit controlling behavior like suing you at a magistrate you will have evidence.
Q: My mother is extremely ill and is refusing to get medical treatment. I’ve threatened to call an ambulance, but she says that she’ll refuse to go to the hospital. Can I get power of attorney over her? If I can’t, can I have her sign something that says that she refused all medical treatment, that way I won’t be charged with anything? (Aspinwall, PA)
A: If she will not voluntarily sign a Power of Attorney over to you or someone else, you cannot compel her to. If she is competent and wishes to sign one, call an attorney and set up a consultation. If she will not, or cannot, sign a power of attorney, you will have no choice but to seek a guardianship over her. It would be wise to consult with a local elder law attorney to determine if filing to be her guardian is advisable.
Q: My son (19) took the state cops on high speed chase reaching speed limits of 130 miles per hour (my Lexis). No one was injured, thank God. He did go through some field sobriety tests but apparently, they didn’t think he was high. He surrendered in the end with no incidents. There was a passenger in the vehicle but she was passed out. He did this in Allegheny County just short of the Westmoreland County line. (North Huntington, PA)
A: 75 Pa.C.S.A. Section 3733 defines the offense of fleeing or attending to elude a police officer. It is graded as a misdemeanor of the second degree. However, if the driver was DUI, left the state jurisdiction, or endangered the police or public via a high-speed chase, the crime is graded as a felony of the third degree. The maximum penalty for a M2 is 2 years in jail. The maximum penalty for a F3 is 7 years in jail. I assume he will be charged with a misdemeanor 2, fleeing and eluding. He will probably be charged with a smorgasbord of other motor vehicle offenses like speeding, reckless driving. He may also be charged with a misdemeanor level of Reckless Endangering of Another Person (REAP). Your son needs a lawyer. If your son has no criminal record, it will be considered a win to get out of this with summary motor vehicle charges. He will no doubt lose his license for at least one year. In addition, I would take his X-Box away, make him use a bicycle for transportation and get a job.
Q: If someone has past assault charges, both misdemeanors and felonies, and is now facing a charge of unlawful restraint and another simple assault charge what kind of prison time may they be facing? (Coraopolis, PA)
A: No one can answer this question without much more information. For example, first and foremost, the criminal history of the defendant and how the charges are graded (sentencing guidelines), the particular circumstances of this case, the position of the DA and the personality of the judge.
CRIMINAL LAW, ASSAULT, SENTENCE
Q: I have a domestic relations case in the family courts and would like to find out if opposing party’s new attorney has been court appointed. (Cecil, PA)
A: You just need to dig a bit. You can probably find out by looking on the Department of Court Records (dcr.alleghenycounty.us) website. You can then check to see if there is an order of court appointing counsel. There should also be a Praecipe for Entry of Appearance for this attorney. It will list a name and address. If you cannot get this information on line, go in person to the Department of Court Records in the City County Building at 414 Grant Street and look it up manually. If you are a defendant in a PFA action, the other party will likely have court-appointed counsel.
Q: Hi. I met a woman on a site where you post Snapchat names claiming to be 18-20. I asked her age and she said 18 on two separate occasions. She sent me no nude pics but I did send a nude picture of myself. She sent a video sucking on a pen and selfies. Again, no nudity from her. I have no reason to suspect she lied about her age but now I am stressed if she did. What is the outcome if she lied? (Pittsburgh, PA)
A: Whatever you do, do not send her “father” a gift card in exchange for his promise not to prosecute.