I know I was a stupid jagoff!

 

Q: What are the laws on harassment without intent?   Would it be possible to come out with no jail time and a fine?  I was recently issued a summons for harassment without intent. It was only texting. All I was trying to do was work things out with her. I did not threaten or call this person out of her name at all. Yet, the messages I received from her were slanderous. So I need to know what the laws on harassment without intent are. What are the punishments? So far I’ve had 2 PFA`s put on me in the span of 6 years from the same person both of which were dropped and vacated. So I don`t believe I have a prior record.  I`m hoping to get at least get a fine and counseling to avoid any possible jail time. We both repeatedly told each other to stop texting. But, we are both bullheaded and I believe we both were wrong. (West Mifflin, PA)

A: I never heard of harassment “without intent”. Intent is a key element of most crimes. Harassment can be charged as a misdemeanor or summary. If you are charged with a summary harassment, you will have a better chance of paying a fine and being ordered to complete counseling. You should consult with a lawyer immediately and have representation at the hearing. Protection from Abuse actions, even if an order was issued against you, do not count toward a prior record.

Need to set up trust for father so VA Aid & Attendance benefits are available

Q: Father is 84, has monetary assets. I need to know what type of trust to setup. He has Aid & Attendance VA benefits. A trust needs to be setup so he qualifies. He is a WWII veteran. I have all of the paperwork and just need to know what type of Trust to setup so he is not disqualified due to his assets. He has a home and car. I take care of meds, running to store, prepare meals for him and pay his bills since I am on his account (savings and checking). I am his POA as well. I need to do this as soon as I can since he will be moving into my home in about 4 months once the construction is done.

A:  Aid and Attendance benefits from the VA can be just as complicated as Medicaid planning. Do not do this on your own without an experienced elder law attorney who knows Medicaid and VA rules. Some of the things that work for A & A can adversely impact the senior citizen down the road should they need to transition to a nursing home and need Medicaid funding.

 

Q: What justified a minor in school to get a Citation for disorderly conduct engaged in fighting ?

Q: A student is in a school cafeteria and told to sit down at three different occasions and the principal threatening him by saying if he didn’t sit that he would suspend him and get the school police involved which he did. Now the parents have to go to court because he pleaded not guilty. Not only that he was not fighting at any time and still got ex-spelled for 3 days at the end of the day. Now I have a citation for a fine of $294.00.

A:  That is what schools sometimes do these days with all the children they perceive as behavior problems. They make it a police matter. You need to go to the hearing and defend it. You can be fined as you are his guardian. I would consult with a lawyer. Perhaps he can successfully challenge the charges at the hearing or at least push the school back to where it offer a deal where, if there is no bad behavior for 90 days, the charge will be dismissed. Consult with a criminal defense attorney.

Father has dementia but is refusing our help

 

Q: My 82 yr old father (A veteran) needs an aide due to dementia but is challenging help, what are our legal rights? My father is a U.S. Air Force Veteran , widowed 19 years ago. He lives in West Newton now. If he challenges our help, what legal rights does he/do I have beyond having him declared incompetent. My biggest concern is his well being (he is forgetting to eat). I am currently on his accounts but have concerns with costs. What are my options as he is still somewhat aware and wants to remain independent even though we (my 2 siblings) feel that might not be possible. (Jefferson Hills, PA)

A: If he is resisting you I assume you do not have a general durable power of attorney in place. Until he is declared to be incapable of handling his own affairs in a guardianship proceeding, he is free to do as he wishes. This is a difficult situation for both of you to be in. I would not give up on communication. Perhaps he feels threatened and a gentler approach of opening up a dialog with him is advisable. If Westmoreland County has adult services in the area, perhaps they can do a wellness visit or refer him to services to come into the home. The more you talk to him, and others, the more you will learn and the closer you will come to dealing with the problem appropriately. You should consult with an attorney as to what is involved in filing to be his Guardian.

Wife had son pose for nude photos

Q: My ex wife had my son pose for nude pictures. I new nothing about it until I was cleaning her things out and found them. He was 3. She wrote on the backs of the pictures saying she had him pose for them and dated and signed them.

A: The issue is whether they were done for sexual gratification, for example if they were posted on some child porn site or distributed. Nude photos of one’s own toddler may not rise to criminal charges. Before you launch accusations I would investigate further and try to ascertain what her purpose was.  If you want, talk to your local police or county District Attorney. They probably have a child sex crimes unit, or at least one person who handles child cases. They can give you an opinion as to whether or not this appears to be child sexual exploitation. Before you talk to the police or DA, I would suggest you talk this over with a female friend, perhaps on that has children, just for another take.

Will I go straight to jail for a suspended license offense?

Q: When I go in for the execution of my jail sentence will I go in front of a judge or straight to jail? I was charged with driving under a suspended license. It is my first time offense. I was sentenced to 60 days in jail. Can I get community service or something else to avoid going to jail? (Bethel Park, PA)

A: If you were convicted by a District Justice, which I think is what you are saying, you have 30 days to report back to turn yourself in for sentencing. A 1543 (b) which is a DUI related driving under suspension, carries 60 days in jail, a $500 fine and a one year license suspension. A 1543 (a) offense is a non-DUI related suspension, carries a $200 fine, a 1 year license suspension and no jail time. I was assuming you were convicted of $1543 (b), the more severe punishment of the two. In Allegheny County, the District Justice does not have jurisdiction to sentence you to house arrest. In order to get house arrest, you have to appeal the conviction within 30 days. When you file the appeal, you will be given a court date before a judge in the Court of Common Pleas who does have jurisdiction to sentence you to house arrest. To file the appeal go to the courthouse and fill out the form at the Clerk of Courts and pay the filing fee. I advise hiring an attorney if you can. An attorney can also handle this for you to make sure it is done correctly and may possibly have the 1543 (b) negotiated down to another lesser traffic offense, if the police officer is willing, or if there is a defense.

If I receive portion of husbands 401k, will I lose disability?

Q: I have been married since 1993. I have been on disability since 2003. Our divorce was filed in 2003 but has not been finalized. Can I get a portion of his 401k and keep my disability payments. (Swisshelm Park, PA)

A: It depends what type of disability you are on. Some benefits such as Supplemental Security Income (SSI) and Medicaid are “needs based” which means that the there are specific income and asset limits a person must meet to be eligible. Social Security Disability Insurance (SSDI) and Medicare are based on age and/or disability status, are not needs based, and do not have the same income assets limitation in order for one to be eligible. You need to determine which one you are on and would benefit from a consultation with an elder law attorney. If you are certain you are on SSDI, you should be fine. If you are on SSI, an elder law attorney may be able to limit the impact your receiving the 401k will have by advising you how to shelter some of the 401k money and keep the benefits. It would be worth the consultation.

Can an item once a gift from a deceased person be re-gifted to the deceased’s family?

Q: I have an item that was received many years ago as a gift from someone and we want to re-gift it to the deceased’s family, but by-pass the estate. The gift is currently in the hands of a New York resident, but would be gifted to a California resident. Or it could be gifted to a UK resident. (Chalfont, PA)

A: Once the deceased gave it to you, when he or she was alive, it was yours to keep. You can give it to whomever you want, even after he or she died. Unless it was “on lone” of sorts, and ownership was maintained by him and now by his estate. If I understand what you are saying, and this was a gift to you while the person who is now dead was alive, you can give to anyone with the exception of his estate. If that happened then it would be property acquired by the estate and likely be estate income.

Can new evidence get me a new trial?

Q: If you just now realize that your phone has information in it to prove you didn’t do the crime can you use that as new evidence? I was on the phone during the same time the victim claims to have been attacked. I forgot to bring it up so it wasn’t used for trial. Can it be used now for new evidence to get a new trial? (Pittsburgh, PA)

A: Newly discovered exculpatory evidence is admissible and may be used to get a new trial. However, it may not be “new” evidence if you had access to it and knew about it at the time. Your best bet would be to contact a local criminal defense attorney to discuss all of the facts.

 

Can I let unlicensed driver drive my car?

Q: Car and insurance in my name being driven to work by someone without a valid license. What happens to me if he gets pulled over .He is in process of getting his license back, the title and insurance are in my name. Will only he get in trouble if caught, or will I also get in trouble?

A: In PA, if you have knowledge that a person has no driver’s license-whether suspended or they just don’t have one, and you allow them to operate your motor vehicle, you can be charged with a summary motor vehicle offense. I have seen it happen. In addition, read your insurance policy to make sure your carrier will not deny coverage if such person is involved in an accident.