Can I sue my ex for falsely accusing me of pointing a handgun at her?

Q: My ex-wife asked me to watch our daughter on one of her days. We have a custody agreement in place. I gladly watched my daughter. We had bad weather, so I took my daughter home, and asked my ex to meet us there. She said ok. About 20 min later she told me to meet her at a local establishment to drop my daughter off. I told her I wasn’t going out in that weather. She came by the house ranting and raving. She took my daughter out, and called me a “p_ _ _ y”. I went out after her and told my daughter to go back in the house. I sat down, and grabbed my remote control, when she barged into my house again. She again grabbed my daughter and left the house. I walked out after her, and took my daughter by the hand while I was holding the remote control. My ex grabbed my wrist and scratched me, and then pushed me. My daughter and I came into the house. The ex said she was calling the police, so I said ok. About 20 minutes later they pulled me out of my house, pepper-sprayed me, put me in cuffs saying that my wife accused me of pointing a gun at her. I was charged with interference of child custody, terroristic threats and simple assault. The supposed gun was a remote control.

A: Most assault cases are one person’s word versus the other person’s word. Welcome to the wrongfully accused club. To have any potential civil suit, you will need to beat the criminal case. My question is, did you own a gun at the time or have one in the house at the time? My experience has been that police would have either made you tell them where the gun was or ransacked your house looking for it. Assuming they did not find a gun, your case is much stronger. You can sue, but you need quantifiable damages such as calculated lost income or provable damage to your reputation. Also, your ex will need to be worth suing to gain interest from a plaintiff’s attorney. My thought is that it is not a great civil suit but please contact a personal injury attorney for another opinion.

What can bank do to vehicle or estate if auto loan in mom’s name?

Q: My mother passed and my auto loan is in her name. I cannot finance the vehicle myself as there are too many miles and it is way upside down. I have kept current with the payments so far. The only funds from the estate were in a retirement account and insurance. There is a house which my sister has always lived with my mother but it still has a mortgage. She is also executor. Her plan is to pay off the house with the retirement money and sell it. Can the bank repossess the vehicle? Can they go after either of us or the estate to recoup the balance? What if I turn the vehicle in to the bank? I will receive enough insurance to pay the car off. However, I don’t want to spend 10k on a car worth 3k if I don’t have to but I don’t want the estate to have to pay for the balance of it either.

A: Good question.  If the car is titled in mom’s name, as is the loan, it could be repossessed if they will not refinance you. It would be considered an estate debt. If the car is in your name, but the loan is in mother’s name, that would be unusual. Voluntary relinquishment of a vehicle to avoid repossession may be an option. You can call the lender and ask. As far as the mortgage on the house and your sister’s plans to pay it off with estate money, more information is needed to be known if that is a viable alternative. You should review the estate with an attorney to determine the extent of the debts, expenses, amount of assets, and potential inheritance tax and income tax, just to mention a few.

How to get DV charges dropped when I didn’t tell the whole story?

Q: My boyfriend and I were in a fight. I just lost a baby and found out he was cheating. I attacked him. He did not put his hands on me just detained me but I told police he did. He is on parole and is now in jail with a detainer.

A: These situations are complicated. Having charges dropped once they are filed is difficult but not impossible. You cannot just ask the police. The case will have to proceed to a preliminary hearing at which time you will be spoken to by the police, the DA and a victim/witness counselor. You will have the opportunity to speak with the victim/witness counselor and talk about this relationship and what you want to see happen. If there is no domestic violence history here, it may be possible for a withdrawal or a withdrawal after a continuance and domestic violence counseling. There is too much unknown her to advise with any certainty.

How do I get a power of attorney and last will and testament?

Q: This is for my dad. He wants to make sure that everything is in place because he knows I will be killing him soon.

A: You both will need a lawyer. Him for estate planning documents and you for homicide charges. Some people try to pull estate planning documents from the internet and do it themselves, but this is not advised. The documents from the internet are sometimes not specifically compliant with the laws of the state in which you live, nor address the specific needs of your situation. Call several lawyers to determine who is in your price range and who you are comfortable with. The attorney can also refer you to a good criminal defense attorney. Perhaps an insanity defense will be appropriate.

Can I receive expungement for my indecent exposure conviction?

Q: I sing with a popular oldies group from and it makes me feel less than human at times, because the night I was arrested for exposing myself, I also tried to kill myself because of past bad things happening in my life. I lost a job with the city, a home I was renting and a girlfriend. I was despondent and I turned to suicidal thoughts and I took a handful of Trazadone 100 mg. which gave me an erection and the rest is foggy to me. I was hallucinating and incoherent. I also had alcohol. I was pretty screwed up. However, reliving this in my head all the time. This conviction which keeps me from obtaining a job makes me think about suicide again, I need some help.

A: You should seek some professional help and then, see an attorney. Normally, you cannot expunge a misdemeanor 2 involving alleged sex crimes. However, an attorney can order your records to determine exactly what offenses you pleaded guilty to and then assess your eligibility for an expungement. Many people out there have mental health issues and are gainfully employed. If your issues are under control, your past can be explained to a potential employer. Someone may want to work with you.

Elder Fraud? How to get someone to repay loans given to them by my father?

Q: My 70-year-old service disabled veteran father loaned money to a much younger person who he thought was a friend. That person has a failing business and asked my father for multiple loans, over a year or two, often promising to pay it back the following week. He has never paid back one penny. The loans total $23,000. At the time of the loans my father was heavily medicated for multiple health issues and was not thinking very clearly. The person that requested the loans does not deny that he borrowed the money and has even signed a handwritten document showing the total, however, he has made no effort to repay any of it. He owns a house, land, vehicles etc. that could be used to pay my father back. I’m trying to figure out to proceed. A small-town lawyer told my father that not much could be done. That even if the court ordered him to pay he still might never get it. Any advice you can provide would be much appreciated. I just don’t know where to even begin.

A:  Much more information would need to be know if it would be worth suing this person or not. A lawyer would need to know if this person held any property of value in their own name. If they did, it might be worth suing to obtain a judgment. The judgment could then be executed on the property which could be seized and sold off to satisfy the debt. The problem is that many people are not worth suing because they have no property held in their name only or what they do have is mortgaged or already encumbered by a lien. For example, their house is held in husband and wife name, or their vehicles are also held with a spouse on the title. Both house and vehicles could also be encumbered by a mortgage.

Will Public Drunkenness charge adversely affect my ARD program?

Q: I was charged for a DUI in February of 2016, I completed all the necessary steps for the Chester County ARD program and I am off probation. This past weekend I received a public drunkenness citation in Dauphin County, will this citation affect my previously completed ARD program? Additionally, will deciding to go to trial make the charge any worse than it already is?

A: f you were off probation and your case was closed, this new non-traffic summary offense will not constitute a violation of ARD probation and result in a revocation. If you were off probation, but for some reason your case is not closed, you may have a problem. Electing to plead not-guilty and defend yourself on any criminal charge is your right, and should not make the punishment worse. However, if you have no defense and are offered a withdrawal of the charge if you complete a program or community service, take the deal. District Justices, as most judges, do not like people who waste the court’s time with trials when they are obviously guilty. If you do this, yes, some judges may max you out on the fine.

How can my mom disown my toxic sister?

Q: My oldest sister has guardianship in her home in Florida over my mom without mom’s knowledge of what she got it for. Mom’s 89 and in good health, she’s begging to come home and NOT HAVE TO LIVE WITH MY SISTER. (Monroeville, PA)

A:  Law’s pertaining to guardianship are different for every state. Generally, if there is a court ordered guardian in place, it takes a court order to remove the guardian. To do this, you will need a lawyer to file a petition. Consult with a FLA elder lawyer.

What could my mother’s conviction look like for a felony 3 charge?

Q: She has been taking therapy classes and had an arrangement with the person she took money from prior to the cops getting involved. I’m worried because the amount was estimated $300,000 over the 7 years they could track.

A: You need to get her a lawyer to determine A) if she has a defense to all or some of the allegations (i.e., statute of limitations) and if not B) how to keep her out of jail. My thought is that it would be a felony 2 or 1 given that amount of money. As to her sentence if she has no defense and pleads guilty, it depends on many factors-hire prior record score, the position of the victim, the DA, the judge’s temperament, any mental health issues and any potential of restitution. In addition, if the victim was elderly, there are enhanced penalties in the sentencing guidelines. If there was any sort of embezzlement from a charity organization or an elderly or disabled person, the chances of jail are always greater.

Can my friends be issued a subpoena?

Q: My three friends and I were caught in a car with a bookbag that had marijuana and marijuana related paraphernalia in it. The car was not turned on or moving. It was just really cold and windy so we got in the car to smoke. I took full responsibility and my friends weren’t charged. It’s been over a month and I haven’t been charged yet, but I know it’s coming. Is there a chance my friends will get subpoenaed once I get charged?

A: Your friends may likely be arrested with you, assuming the officer took their information. Since you took the blame they may not be. It is up to the officer. If there is evidence of MJ being smoked in the car, there is a greater chance all will be arrested through the summons process. Tell your parents and have them get you a lawyer. There may be a defense here in lack of probable cause and if not there are other options than pleading guilty so you can avoid a criminal conviction.