I have a suspended license offense

Q: I have traffic court in Indiana, PA. I live in Pittsburgh but work up there. This is my third driving under suspended license offense.

A: If it was a DUI related suspension (Motor Vehicle Code 1543 b), you could be looking at a 90-day minimum sentence. In addition, PennDOT will suspend your driver’s license for another year if you are convicted. An attorney may be able to a) get the case dismissed if you have a defense, b) get it pled down to a lesser offense or c) get you house arrest privileges/electric home monitoring so you don’t go to real jail. Call a local attorney about your options.

Must my landlord return my security deposit?

Q: Is landlord allowed to retain security deposit after broken lease? Had an apartment with a very laid back landlord. Also had a roommate who had to leave the lease, I couldn’t cover the rest of the rent. Gave the landlord a three month heads up, which verbally was OK with. We left the lease June 1st even though it ran until Sept 1st. No legal written statement of landlord being OK with this but I do know he is currently renting the spot and has been since July 1st. After talking with him about security deposit at the end of July over the phone, he claims there were $300 in cleaning but has not provided any sort of list. He still hasn’t sent us the security deposit back. I’m wondering what legal action I can take and since a lot of dealing with this landlord was ‘off the cuff’ am I legal obligated to fulfill the rest of the lease? (Pittsburgh, PA)

A: In PA, a landlord has 30 days after the lease has ended or the leasehold is surrendered to return a security deposit after the tenant has requested in writing the return of the deposit and provided the landlord with his or her new forwarding address. As a matter of procedure, you should do this via certified mail, return receipt. If the landlord fails to return the money and has not explained a reason as to why he retained the deposit (i.e. clean up), the tenant can sue him for the deposit amount as well as damages. The landlord should be able to document his damage expenses. It must be damage and cannot be normal wear and tear. If you fear that since you left a month early, he could claim the month of June in unpaid rent, you may want to reconsider going after the deposit. An attorney would need to look at the lease before advising you.

What is my first step in obtaining custody if I have no proof I am the father?

Q: My daughter was taken away and kept from me pretty much her whole life and never knew me. She is now involved in DFS or Child Protective Services in the state of Florida she is currently in Pennsylvania in a shelter waiting for transport to Florida. her mother doesn’t want her but there is no proof of that. when she gets to Florida she will be placed in a youth facility.

A:The family courts and Children Youth and Families (CYF) are directed to find relatives for children in placement. They call it “family finding”. Since this child is physically in PA, you can try a few things. Call CYF and tell them you want to be a caretaker and want a paternity test. They may work with you but there is a possibility that the child is on her way to FLA where it appears there is jurisdiction? An attorney experienced in Juvenile Dependency law can help you immensely. If you cannot afford an attorney, you should call the Allegheny County Bar Foundation, Juvenile Court Project. 412=391-4467. If you qualify for representation, you will have an excellent attorney at no cost. The idea is, if you are serious, is to get involved now.

Are there risks when bringing in a privately paid caretaker?

Q: We have my mom in a board and care home. She has Alzheimer’s Disease. We’d like to supplement the care she gets by bringing in a companion a few hours a week. The companies that provide this service are expensive ($20/hr), and require a minimum hourly visit (3-4hrs). So, we’d like to pay a private person under the table, to come in and befriend our mom, take her on outings, etc. What are our legal risks? Example: if the companion falls at the Board and Care home? If mom injures the companion via the Alzheimer’s aggressive behavior mom has at times? (New Castle, PA)

A: Talk to a lawyer about preparing a Release of Liability for the caretaker to sign. There are other issues you may need to address here with a lawyer such as the potential need for Medicaid funding in the future. It may be better in the long run to have the paid caretaker under contract with proof of all payments made so in the event Medicaid is in the future, a challenge the spending of mom’s funds for the caretaker will be documented and not be an issue for eligibility.

Can we get an order for our brother to stop bullying my mother?

Q: Can we get a restraining order against our brother for bullying my mom for money. She is 85 and has given him over $100,000.00 My brother shows up at her house and won’t leave until he gets money. Mom feels intimidated and says he won’t leave. She says she is being punished if we get on her accounts with her to stop this. Any other ideas how to stop him if we can’t get a restraining order?

A: Mom can do this if she wishes, and you can assist her. She would need to file for a Petition From Abuse Act hearing. If she is mentally incompetent, you will need to seek a guardianship of her so you or another family member can file for her. I think the best thing to do, and I know it is not easy, but is to have a family talk with the brother to let him know what damage he is creating and to lay off, or legal remedies will be pursued. A lawyer could guide you through this stressful and complicated family situation which involves criminal, civil and family laws.

 

Can I get a suspended sentence for 2nd underage drinking?

Q: I caught a 2nd underage drinking charge. I didn’t face jail time the first time, but I imagine the judge isn’t gonna be happy to see me again. Is there any way I could get my lawyer to work out a suspended sentence for me, or some other way to avoid jail time?

A: If the first section 6308 summary didn’t get you a 90 day license suspension because you somehow avoided a conviction for being a first time offender, this new 6308 will carry a one year driver’s license suspension. I would hire an attorney. An attorney may be able to advise you on how to avoid a conviction, if possible.

 

My girl is a senior and up for expulsion

Q: What are my rights as a parent to a senior who is up for expulsion due to hearsay . She has never been in trouble before.

A:  Under most school codes, your daughter will given due process by having an expulsion hearing. Normally, at this hearing, the school solicitor is involved. He may call school personnel or other persons as witnesses. You will have the opportunity at this point, of raising a defense by presenting witnesses or documents or having your daughter testify. I would review all the facts with an attorney and see if it is worth fighting. There are attorneys who handle school code issues, although not many.

Can I use a public defender to for an issue with reinstating my license ?

Q: My license has been suspended for until 2017, one year for not responding to a letter regarding my fine, and another year from years ago. (Bridgeville, PA). Can I get a public defender to help me?

A: No, at least not in Allegheny County. As mentioned a driver’s license suspension is actually an administrative punishment from PennDOT, separate from any underlying criminal case. Traditionally, the PD is to be appointed to represent a defendant at the critical stages of criminal prosecution to ensure due process and to protect constitutional rights. A driver’s license suspension is not considered to be a criminal matter evoking due process and constitutional rights. Your best bet is to do the background work yourself. Contact PennDOT and obtain a restoration letter and a copy of your driver’s record. These documents and if necessary, a call to PennDOT will help you understand what you need to do to restore your license. If not, then contact a lawyer who handles driver’s license issue.

Will girlfriend violate probation in PA for DUI if arrested before probation in PA?

Q: My friend got a double DUI here in Pennsylvania all the court stuff is done. My friend is on probation but my friend got a DUI in Georgia before my friend even was on probation here but their court system is slow there and she just recently got the charges reduced to exercise of due care a slap on the wrist no DUI. But, with that, is that a violation of probation in Pennsylvania even though my friend got in trouble in Georgia before trouble in pa but Georgia’s court done after getting probation here. (Munhall, PA)

A: I think what you are asking is, can one be in violation of probation on the first case for committing a new offense, if the person was not sentenced on first case before getting arrested for the new offense? The answer would be no. The new offense would not violate probation on the first case if probation on the first case didn’t start running. Your friend should review the details with her PA attorney to be certain of the dates.

Can Medicaid take a home in a Revocable Living Trust?

Q: A parent is now receiving Medicaid. When that individual passes on can Medicaid take their home if they put their home in a revocable living trust?

A: If the home is subject to the claim, which could be for several reasons (in the recipient’s name, transferred without fair consideration within 5 years of application for benefits, no surviving spouse or eligible child living in the home), then yes. Generally, a revocable living trust will provide no protection from the claim. I would consult with an attorney regarding the specific facts.