Will I have a criminal record?

Q; Will these records stay as criminal record and affect my school as well? I received a charge of Title 75 Section 3745 (A) (lead) Accidents Involving Damage to Unattended Vehicles or Property. It said I need to sign either not guilty or sign guilty with fine 397 dollars if I sign guilty. My question is that would I get suspended from PennDOT? Also, if I plead guilty would that be stay in my record forever and it would affect me with school in fall 2014? This is my first time getting this and I am freaking out as well. Also, I just started driving in this summer as well and yet I am 26 years old. Someone please help me with problem. I know I made a mistake but I am in panic since that day. I am worried that if it would be consider as serious crime.

A: A violation of the above section is a summary Motor Vehicle Code violation and does not carry a driver’s license suspension from PennDOT. This is because it involves unattended vehicles. If it involved an attended or occupied vehicle, under Section 3743, it would be classified as a misdemeanor and carry a license suspension. These statues are commonly known and referred to as leaving the scene of an accident. Your offense also carries 4 points. I would hire a lawyer and try to bargain it down. See if you can get it down to a something that sounds better, like careless driving ( 3 points) or obedience to traffic controls (no points).

How much is the fine for a Retail Theft for a minor?

Q:Roughly how much would a retail theft fine for a minor be? Also, will it be on your permanent record?I got caught stealing 20 $ headphones from Wal-Mart and the state trooper said I would be charged with retail theft. I am 16 and this is a first offense.

A: Make sure your parents get you a lawyer. As a first timer, you may be able to enter a program to avoid a conviction and juvenile criminal record. Your case may be taken into Juvenile Court at the Common Pleas Level, or may be filed at the District Justice level, which is more likely. A first time Retail Theft charge is a summary offense if the merchandise is valued under $150.00. So if you were found guilty of this, or pleaded guilty to it, you would pay $150.00 plus court costs which could be another estimated $115.00 for a total of $265.00.

 

 

I need Elder Law advice on moving mom’s assets.

Q: I am moving all my mom’s assets into Irrevocable Trust for Medicaid nursing home care purposes. I’m aware of 5 yr look back period. The PA Department of Public Welfare Medicaid worker informed me my mom’s $1300/month is too much to qualify for in home help but, nursing home help would be possible. Mom is healthy now but, SHE wants to plan for the future and so do us kids. So protect as much of her assets as much as possible should we place all of the following (IRA, paid for House, Life Insurance Policy, a small Savings Account) into an Irrevocable Trust? We could set the trust up to distribute $700/month automatically to my mom every month making her monthly income $2000 and then, when/if need arises, apply for Medicaid to help cover the rest of the nursing home expenses. Is this a workable plan? Thanks!

A: An irrevocable trust is one tool, among many that people use. If you are planning to move retirement plans into it, they need to be cashed out which often triggers income tax consequences which could make this move not advisable. To advise you thoroughly on this would require an in depth analysis of your mother’s entire situation including her complete assets, health, age, social security income, etc. I suggest that you meet with and Elder Law attorney to work on a blueprint as opposed to just doing this yourself.

How can my daughter get her trust money?

Q: Approximately 6 years ago my daughter, then 12, was a passenger in an auto accident. Her insurance compensation was put in a trust with her mother as the trustee (I was the driver in the accident). I contributed money to the trust so that my daughter would have money for college at age 18. Now my daughter is 18, but, her mother refuses to release the money to our daughter who needs it for school tuition. Is the law on our side to compel the mother to release the money?

A: There is too much information missing to possibly answer this. I will attempt based on what I think may have happened. The way these things are usually handled is that the money is put in a restrictive account, in the minor’s name. The minor is permitted to have access to the money when he or she turns 18. The trust you describe sounds a bit unusual in that her mother (I assume father remarried?) is the trustee. In order to determine what needs to happen to have the money released to the child now that she is 18, the trust document will have to be examined. It no doubt has language that addresses what conditions need to be met in order for the child to access the money. If you truly have your daughter’s interest in mind, you may want to have a lawyer look at the trust document to advise you on the options available.

Can I represent myself in Allegheny County Arbitration?

Q: Is it recommended that I have a lawyer when going to an Allegheny County arbitration hearing? This hearing is for an appeal to a small claims court ruling.

A: It is highly recommended if you can afford it. It is called Arbitration and has a jurisdictional limit of claims 50K and lower and your case is heard by a panel of three attorneys instead of a judge or formal. Although it appears somewhat less formal than a judge or jury setting, the rules of civil procedure and evidence still apply. The person who knows these rules has the upper hand which generally means those who are represented will do better. This is especially true if the other side has an attorney. If that is the case, the other attorney can limit your testimony with objections based on the rules of evidence, such as foundation, hearsay, lack of discovery notice, etc. If the other side has no attorney, some arbitration panels will help you and the other litigant sort out your problem, and try to do justice, although don’t take that for granted. Even if the Arbitration Board is that gracious, you still may lose your case based on your lack of knowledge of the rules of procedure and rules of evidence.

Juvenile charges for drugs. What will happen to me?

Q: Juvenile possession charges, what will happen next? I was recently caught with a small amount of marijuana (about 4 grams), some rolling papers, and my mom’s prescription pill bottle which I carried the marijuana in. It is my first offense and i am under the age of 18, i was wondering what possible consequences i am facing.

A: Several possibilities. The Probation Officer may handle it informally, with no petition being filed in juvenile court. This usually involves some informal monitoring, drug counseling and possibly community service. The next step would be for him or her to file a petition for delinquency in juvenile court. If you manage to stay out of more trouble, you may be offered a consent decree, which will have similar requirements as the informal adjustment and result in no conviction if you complete the program successfully. If a consent decree is not offered, you may receive normal probation and then you could expunge your record down the road. Review the case with an attorney to see if you have a defense, especially if the first two options are not offered.

I have a life estate but don’t know what it means

Q; I was left a to life estate in my mom’s will.  My sister is executor of mom’s will and is telling me she inherits mom’s home and her real property. I was left a life estate but don’t know exactly what that means. What are my rights in PA? With life estate can my sister sell the property with me having a life estate? Or, does she have to buy me out? She is complaining about my cats and meddling in my life.

A: I cannot provide exact advice without looking at the estate papers and the deeds. Normally, a life estate permits you to live in the home until you move or die. Normally, a life estate does not convey any ownership to the person who has the life estate. Generally, ownership passes to a remainder person once the person with the life estate dies or vacates the property. It is possible that the life estate just gives you the right to live there, but does not convey ownership to you. Again, these documents should be looked at. I would consult with an estate attorney in your area who can look at the documents.

Any way to get restitution lowered?

Q: My case is about 15 years old and I got charged with a misdemeanor of carrying a gun on a public street and welfare fraud I am trying to get this pardoned now and I can’t afford the restitution as my income is too low is there any way to get it lowered or dismissed?

A: You are way out of the time limitations on filing a motion to modify your sentence, or appeal the legality of the restitution order. You can still hire a lawyer to file a motion based on some sort of hardship-even though you are way beyond the time limits to do so. The DA has a duty to inform the victim. If the victim and the DA consent to your request, the judge would be more likely to grant your request. If they don’t, the judge will be less likely to do so, but still might. Be aware, you could easily be denied on the time limit issue. You will obviously have to establish a compelling reason for this to be considered. You need to go over all of the facts with an attorney to see if it is worth it.

 

Sister has a POA over parents and won’t give me information

Q: My sister is POA for my elderly parents. She is not sharing any information with me. I am on the wills, etc. What are my rights to receive information. I live her in Pittsburgh and they all live in Erie. Parents put her as POA, because she is the oldest and they thought/hoped we would all get along. This is not the case. My sister and I are estranged. She did not even tell me when my mother fell at the facility in Oct. Do I have any rights to view finances for my parents as I am not sure everything is good with their finances. I have asked repeatedly for information, even in the past when we were speaking, I sent a certified letter to her 3 weeks ago asking for financial information and to see if she sold their car and if she filed for the VA benefits they are entitled to. There has been no response.

A:  Just being an heir or one of the children does not give you rights to receive the information you want. In fact, your sister may have a duty to keep your parents’ information confidential. If you are concerned that she is abusing or financially exploiting your parents you could petition the court to have her file an accounting of all of the funds she is managing as Agent under the POA. You could also have yourself of someone else appointed as guardian. If you retain an attorney, he or she can advise you which one of these measures might work best. Just having the attorney involved, may cause your sister to give you the information you need and to be more cooperative. It could also make matters worse and result in more family drama. Communication is the key. I would keep trying to communicate with your sister and only use a lawyer and legal system as a last resort.

Is this a second DUI?

Q: I was charged with my second DUI about a month ago. My first DUI was 9 years ago and I did ARD. Is it worth fighting the case? I was pulled over due to non working tail light. The police report did not state any other reason. (Jefferson Hills, PA)

A: Unless it is 10 years you probably cannot be admitted into the Accelerated Rehabilitative Disposition (ARD) program. You need to have the court records reviewed to determine if ARD is an option. A non working tail light can constitute a reasonable suspicion for police to stop your car and initiate contact. No attorney can advise you as to whether or not you should fight this unless he or she reviews the complaint and Affidavit of Probable Cause and reviews all the facts with you. It may be worth the consultation fee. If you have no defense and are not ARD eligible, you may be able to obtain a Phoenix Program deal to minimize your time and costs in court.