Will harassment citation stay on my record?

Q: I was found guilty of a citation for harassment and was fined $100 and court cost. Will that go on my record. I worked for this private daycare and I quit after 1 month. And she was trying to hold my check so I told the owner to mail my check or I was going to call the state on her.

A: Yes, if convicted it will be on your record. You can expunge it after 5 years of arrest free behavior. You may consider appealing it if it is within 30 days of the conviction. What you describe really does not sound like harassment to me.

Family members not contributing to mother’s caretaking

Q: Is there any way to protect yourself from family who is not contributing financially or giving relief to family member who is caregiver? Matriarch suffered a stroke. Youngest child (Caregiver), who lives with her and is providing most care, day and night. He is 54. Sister has deed on house. She is providing him with some financing, but, not much physical relief. Older brother will not pitch in unless his name is on the deed, but feels the right to come over whenever he wants to give orders. Caregiver is responsible for taking care of her at night, and on days when he is not working. But Caregiver must pay an individual to come in and sit with her while he goes to work. He is exhausted and almost at the end of his rope. Can anything be done to force the family to assist in a more responsible manner?

 

A: No family member is legally obligated to care for another. Some states do have filial responsibility statutes which make certain next of kin financially responsible for other family members who are indigent. PA does. This doesn’t sound like your concern, at least at this point. If the caretaker is financially burdened by his role, he may want to discuss filing with the court to be appointed the Matriarch’s guardian. If so appointed, he could earn a fee for his services and/or hire service providers and caretakers to ease the burden. All of these expenses would be paid from the Matriarch’s funds. Of course, in these situations, the guardian has to keep a running account of all of the money he or she spends as the court now has jurisdiction. Often in these situations, one family member bears the burden more than others. If the situation cannot be worked out fairly in an informal manner, a guardianship may be the answer. In addition, there are other issues you need to be aware of such as Medicaid. You need to consult with an attorney and provide him or her with all of the facts.

Am I entitled to my deceased mom’s share of my deceased grandma’s estate?

Q: My grandma died 8 years ago and named my aunt the executor of her estate. My grandma’s house remains unsold. My mom died 6 months ago and I am her only child. When the house is sold, am I entitled to my mom’s share of the proceeds from the house sale? Or does it go to the only remaining surviving children? I don’t know if there is a will.

A: It depends. If your mother was an heir of her mother by intestate succession or an heir in her mother’s will, then, if you were an intestate heir or an heir named in your mother’s will, you may inherit the house or a portion of it. However, I nor any other attorney can answer this properly without knowing all of the facts. I suggest you consult with an attorney and do it now. If this house is just sitting there and no one has paid inheritance tax on it, there could be problems.

 

Can I fight an underage DUI for sleeping in my car ?

Q: I arrived at a college and parked my car, drank all night at a party and returned to my car to sleep because I wasn’t allowed in my friend’s dorm because it was too late to check in. I was woken up while my seat was reclined and I was dead asleep. The only reason my keys were in the ignition is because it was too cold and I needed the heat. The car was never running at any point. I was never breathalyzed and was taken straight to the hospital for blood tests. Is there a way to get this reduced to just an underage? I was never driving my car! (Pittsburgh, PA)

 

A: There is much case law on this subject and the issue boils down to whether you were in physical control of the car. In a lot of these cases, the car is running and the DA argues that the passed out driver could have awakened from their stupor, bumped the shifter, and set the car in gear thus creating a dangerous situation. The fact that the car was not running in your case is very helpful to you. Unless the police state to the contrary about the car running, you may have a good defense for a trial if the DA will not bargain. You need to review all of the police reports with a criminal defense attorney and have representation at the Preliminary Hearing. Have the testimony recorded. You may be ARD eligible if your defense is weak or you cannot stomach a trial.

How can I give my inheritance check to my daughter?

Q: I inherited some money, $8,000.00 from my boyfriend’s estate. I want to give it to my daughter but was told that I cannot do so.

A: Once you inherit the money, you can do whatever you want with the money, as it is yours. Make sure the estate paid the inheritance tax and any income tax arising from any estate asset. If the estate did not pay taxes, you may continue to be responsible for payment and you may be giving your daughter a gift that is subject to inheritance tax. If not paid, it will accumulate interest and penalties, and you could be summoned to court in the future. The one exception to this is if you are receiving Medicaid benefits or will be doing so within the next five years.

 

If I move from PA to WVA, can I sell my home?

 

Q: If I receive SSI and Medicaid in Texas and want to sell my home in Clairton and move to West Virginia, can I spend the money outside of PA? I was told after my husband died that if I sold my home I had to spend the money in PA.

A: You really need to have an attorney review your entire situation. Although a federal program, every state has different rules for Medicaid. You will need to qualify for Medicaid in WVA. You will need to report the home sale to Medicaid wherever you live. I am not sure if you or your husband are receiving SSI based on your question so again, please meet an attorney in WVA, assuming you are moving there.

On probation for Felony. Now, two new DUI charges!

Q: What if while on a felony probation, someone gets a DUI for drugs, then a few months later gets 2nd DUI for alcohol? My nephew, while on a felony probation, wrecked and totaled three cars while under the influence of heroin. Then 5 months later he got a 2nd DUI for driving under the influence of alcohol. Can you tell me what type of consequences he is facing? He is being held in jail awaiting the hearings for these offenses. Thank you.

A: He could face violation time from his probation judge. I am not sure if his bond is holding him in jail, or a probation warrant/detainer. On the two DUI’s, assuming he has no prior DUIs within the past 10 years, they will both be treated as a first if he didn’t plead on the first one yet. In Allegheny County they may offer him a Phoenix deal which will be DUI hotel for a weekend and all the normal fees and charges and probation that comes with a DUI. He may also be able to get house arrest. As for the probation judge, that judge may hold him as his behavior is certainly consistent with someone that has an out of control substance abuse problem. If the probation judge will continue to hold him, you may want to consult with an attorney about the chances of filing a motion to permit him to transfer to a rehabilitation facility pending the violation hearing.

 

Drug DUI charges

Q: I got stopped for expired tag, I didn’t drive faulty and obeyed all traffic laws, officer noticed that I had slurred speech and saw bruises all over my body and mud. He also noticed that I couldn’t follow directions he asked me to do hgn test 6/6 cues then did walk and turn 8/8 cues and 4/4 cues on one leg stand there was a small rain shower while the tests was performed. I am prescribed glasses but wasn’t wearing them that day. I stumbled several times while being placed under arrest and made strange comments at times when I got to the station an EMS drew my blood which tested positive for phenazepam and mitragynine the exact concentration of the drugs was not provided. Can the government provide this state beyond a reasonable doubt in your opinion?

A: You can be arrested for DUI if in the officer’s opinion, it appeared that you were incapable of safe driving due to being under the influence of alcohol or a controlled substance. If your testing came back with a controlled substance in your system, there is probably sufficient cause to arrest you. Provided however, they will need to prove that you had no prescription for the drug in your system or the level in your system was beyond the therapeutic level. The last time I visited this issue the Commonwealth had to send the blood work out to an independent lab and call and expert for trial. You should see an attorney about this as you may want to contest this until you see the proof.

Can I get ARD in PA, if I had ARD in NJ?

Q: I was charged with possession of a small amount of weed in my car. My friends and I decided to get out the car to go to a gas station and someone had called the police because my friend was intoxicated. We were not in the car but a light was on in the car and police officer told me to shut it off I opened the door and police officer smelled the weed in the car. I told them it was mine even though it wasn’t to get the people I was with off the hook. I have a previous DUI in NJ where I go to college but none in PA. I took some DUI classes in NJ and paid the fines. Now I have a possession of marijuana charge in PA. It is my first and I want to get ARD program for it? Also, since we were not driving nor in the car, can my license be taken away? I am a college student and I work so I need to get back and forth. What should I do?

A: You really need to review this with a Criminal Defense Attorney in your area. You may have enough of an illegal search defense to push the police into turning this into something that does not result in a criminal conviction if just outright asking them to cut you a break doesn’t work. You may not be able to get ARD as you have had it once in NJ and you cannot get ARD for a drug case in PA. If you cannot get it withdrawn at the Preliminary Hearing, or turned into a summary offense like Disorderly Conduct, your next option would be to receive Probation Without Verdict (PWV) at the trial level which will not result in a conviction. However, be aware that some county DA’s will not offer PWV if you have had a prior ARD for DUI. Your goal is to get out of this without a record which is more difficult since it is your second time at the plate. If you are offered to plead to a Disorderly Conduct summary offense at the Preliminary Hearing. However, a summary conviction will stay on your record 5 years before you can expunge it, assuming you can stay out of trouble. Again, your chances of minimizing your damage will be better with an attorney.

What am I facing on this DUI?

 

Q: I live in Baldwin Twp. but got a DUI, .247, in Washington PA. What will I get?

A: 1st offense, 72 hours to 6 months plus probation, court costs and fees and a 1.5 year drivers license suspension. 2nd offense, 90 days to 5 years plus probation, court costs and fees and a 1.5 year driver’s license suspension. 3rd offense, 1 to 5 years plus probation, court costs and fees and a 1.5 year driver’s license suspension. Your 4th offense, another 1-5 and the all the toppings. However, if you qualify for ARD, you receive no jail time, no criminal record and a 60 day driver’s license suspension. You will have a couple thousand in court fees and costs with ARD. I would see an attorney. There are house arrest and jail work release options to regular jail in Washington County. Hope this helps. Those are the general ranges of sentences, but there are variations so you should consult with a lawyer as soon as possible.