Can the Commonwealth make me testify?

Q: As a Commonwealth witness, can I be incarcerated indefinitely because I refuse to testify in a criminal case in Pennsylvania? The Assistant District Attorney wants to revoke bail for the other witness and have him remain in jail because he refuses to testify in a criminal case.

A: The other witness has some issues and I hope that he or she has a lawyer. It sounds like he or she is on bond for a crime and it may be a bond conditions that he or she “cooperate” with the Commonwealth. If that is the case, he or she is in a tough situation if they now wish not to testify. As for you, you are not saying here that you are on bond or you are part of the case as a co-defendant, which makes a difference. First, you need to be served with a subpoena. You should review this with your attorney to see if you may incriminate yourself by testifying. If you will incriminate yourself by testifying, the attorney may advise you invoke your 5th Amendment rights and not to testify. If you will not incriminate yourself and have no 5th Amendment protection, and you are merely a factual witness, you have no right to not testify. However, if you wish, you can tell the Assistant District Attorney that you will not testify. The ADA can ask the judge to hold you in contempt of court for not testifying which can result in you being jailed and a contempt hearing being set. It doesn’t mean it will happen. If you want to play chicken with the ADA and the Court, you can refuse to testify until the judge tells you he will hold you in contempt and incarcerate you. At THAT point, you have a big decision to make. I don’t recommend playing chicken if you do not have a 5th Amendment right to protect. Again, I would consult with a lawyer to determine your rights.

Can I take my plea deal back at big court?

Q: Can a plea bargain at the preliminary hearing level be taken back if I signed it? I was charged with 2nd DUI on the 2nd tier, and also child endangerment and was offered a plea bargain, which I did sign. My lawyer told me the DA didn’t know about a new law. My question is what are my chances of losing the deal when I go to big court? (Pittsburgh, PA).

Q: I am not sure if I understand your question. If you signed some waiver agreement at the preliminary hearing and your case is now going up to “big” court (Court of Common Pleas), you can still change your mind and go to trial or have your attorney push for a better deal. If you actually pled guilty and were not sentenced, but now want to withdraw your plea, prior to sentencing, the rules are generally favorable for you. You really need to have serious discussion with your attorney about this.

My name is on the title to mom’s car, what legal rights do I have?

Q: My mother has recently been diagnosed with Alzheimer’s disease and a nursing facility is a possibility. Her name as well as mine is on the title to her car. What legal rights do I have to the car at this point?

A:  It depends on the exact wording on the title. It sounds like you may possibly be joint owners but the title would have to be examined to confirm this. If there is a lien on the car from a bank or finance company, the loan would need to be paid before the car could be transferred to another owner. If there is an underlying concern here that your mother may need to apply for Medicaid, given her condition, you should consult with an elder law attorney regarding all of her assets and not just the car. She may face a Medicaid penalty for a transfer of any asset of hers within five years of applying for Medicaid. If your mother is still competent to sign legal documents and there is no lien on the car, she can sign the titled over to you. You should have her consult with an elder law attorney.

WILL CONVICTION PREVENT ME FROM AN INSURANCE LICENSE?

Q: I was convicted of a felony “carrying a firearm without a license” and want to become a licensed insurance agent. Will I be able to take the exam and receive my license? I seen there is FBI and criminal background clearances.

A: Call the state licensing bureau for insurance agents, immediately (or the PA Insurance Commission) and ask what type of crimes disqualify you from insurance licensing. You can probably google that question for a start. If you were actually convicted of the crime you reference, you most certainly have a criminal history. Whether that type of crime excludes you from insurance licensing is entirely up to the organization who issues insurance licenses.

Friend abandoned in a nursing home?

Q: I have a friend who has been abandoned in a nursing home. What steps can I take to make medical decisions on her behalf? My friend suffered a heart attack and was to never wake up. She was put in a home. She has since waken up and can speak she knows peoples places emotions. Her son is in jail and her daughter is on drugs really bad no one has seen her since Christmas last year. But she has been collecting checks on her mother’s behalf. The staff can’t even let us comb her hair and they can’t get her into speech and physical therapy without her daughters consent. She is making so much progress and she could even make more with the right care. The staff says she is not ready to speak on her own care yet. I don’t want money or anything like that I want to be able to make medical decisions for her. Any help would be greatly appreciated. She is a part of my family.
A: If she is not competent to sign a Power of Attorney to you, you probably should consult with an attorney about filing a guardianship for her. The guardianship fees, expenses and attorneys fees can come out of her income and assets, and you should not have to pay.

Can I get charged for drug paraphernalia?

Q: My friend and I hid our bowl in the woods, stupidly. When we came back later to look, a cop was at his neighbors. We are both 17 years old. We continued searching and the cop stopped us. We told him we were looking for my wallet, which is true. But the bowl was not there anymore and we searched multiple times. My question is, can I get into trouble for this? I know it’s possible, but will the cop go through the trouble if he didn’t question is right there on the spot? I’m a minor and I am freaking out awfully bad. I am never doing anything illegal ever again.

A: Unless there is a witness that will testify he or she saw you smoking or in possession of the bowl, I don’t see much of a case. The problem is, you don’t know what the evidence is. I suggest that you do not talk to anyone regarding this case. If you hear from the police, do not talk to them and consult with a lawyer as soon as you can.

 

They used my address on their Yellow Page listing

Q: A locksmith company has used my home address as their business address. I have a Notary business that I use my address for. I contacted them and they won’t respond. It is advertised in Yellow Pages and on line.

A: I would start with Yellow Pages. It will be hard to reach a decision maker at YP, but eventually you will. At least they can correct the on line listing immediately. The printed books cannot be changed until next year’s books are printed. Check and see if this locksmith uses your address in other business directories. If he or she does, then you know he or she is the problem and not YP. There are services such as Yext who will correct then sync all of your on line listings on dozens of various search engines for a fee. Send a certified letter to the locksmith. If that doesn’t work, hire a lawyer to obtain a cease and desist order from a court. You can also have a google savvy person or IT person look at all of your on line listings to see if it is only YP or all of your on line listings which are in error. That would be a good starting point

My eighth suspended license offense

Q: I was caught driving on a suspended license for the 8th time. This time in Dauphin County. I live in Westmoreland. Can I appeal the sentencing? I missed my court date with the district justice office and got 6 months county prison time. I have appealed it, but was wondering what my chances are of getting the sentence changed to something other than prison time. I know of people who have been caught 15 times or more and did no jail time. (Murrysville, PA)

A:  I cannot tell if this a Motor Vehicle Code 1543 (a) or (b) suspension. 1543 (b)’s are DUI related and carry additional penalties under the habitual offender statute. If you have appealed in a timely fashion, you may be able to receive a sentence of house arrest or electronic home monitoring. However, I am unfamiliar with the practices of the DA and courts In Dauphin County, so you will have to confirm this with a Dauphin County attorney. You may want to hire the attorney who  has kept your friend with 15 license suspension convictions out of jail. Be aware though, you may face problems in having Dauphin County transfer an electronic monitoring house arrest sentence to Westmoreland County for supervision.

What happens with his car, if he dies?

Q: What happens to a child’s car if the child dies (it was paid for) and the only name on the title is the child’s? In case something happened to him, what would happen to his car ?

A: If there is a loan on the car, the bank can repossess the car, reclaim it actually. They would sell it and if any money was due your son they would issue a check to either his estate or his next of kin. My experience is that you can probably talk them into issuing a check to the next of kin if you sign some releases. If he owned the car, and therefore there was no lien on it, you can probably get AAA to transfer the title to his next of kin. It will be easier if he has a will which states who inherits from him. That way, you can take a copy of his death certificate and will to AAA and they will be more likely to transfer title. If you think he will die soon, you should hire an attorney to draft a will for him. Good luck!

Do I have a right to see the video?

Q: If an officer is accusing you of a crime and states that the crime is on video, does the officer have to show you the video? The officer is stating he has a video of someone committing a crime and the “defendant” requested to see this “evidence” and the officer refused. I was just wondering if there is any law against this. The officer left voicemails threatening this person and accusing this person and when the “defendant” asked to see said video the officer said he was just going to file charges against “defendant” for said crime. (Munhall, PA)

Q: The officer has no legal obligation to show you or your attorney the video before he arrests you or even before the Preliminary Hearing. Some officers, will allow your attorney view it, prior to the charges or shortly thereafter, if the attorney requests. However there is no obligation to do this. Procedurally, the video is evidence that doesn’t have to be given to the accused until “discovery” applies, which is after the formal arraignment. If the cop won’t let your attorney watch the video, your attorney can still file a motion for a court order to view it, but the officer can still file the charges. It will be easier for your lawyer to do this after the Preliminary Hearing.