Category Archives: Blog and FAQ

When is a search illegal in PA?

Q: I was pulled over. The cop said my plate was a motorcycle plate. I called 911 while being pulled over. Thus, the whole conversation was being recorded by 911. The dispatcher came back on with the right information for vehicle and plate. Cop put in a letter “o” instead of a number “0”. I tried telling this cop this. He kept screaming and yelling at me. He gave me back my license. I asked, am I going to get an apology? He snatched my phone and pulled me from my car. Placed handcuffs on me. Searched my car. Searched me and found a dime bag of weed on me. Never read me my rights. Impounded my car. He roughed me up. I don’t smoke. He planted this weed in my change pocket of my jeans. I am thinking about getting an attorney for violation of my civil rights. Yes, I’m black. They were white cops and very racist. (Pittsburgh, PA)

A: A search is illegal when the judge says it is and throws the evidence out. Although we all know race can be a factor with police, this officer probably would have done the same thing if you were Casper the Friendly Ghost. Your comment no doubt aggravated the situation, especially if he was not in a good mood to begin with. You might as well have told him he had no probable cause or made a statement about him smelling like pork or donuts. The first issue was if there was PC to seize your body and arrest you. He will likely say he had the right to arrest you because you were disorderly. The second issue is whether he had probable cause to reach in your pockets and pull the weed out. It is likely he will say you were under arrest first, and then he felt your pocket for a pat down and it felt like a baggie of weed under the plain feel doctrine. I predict he will offer you a plea deal to a summary Disorderly Conduct at the Preliminary Hearing if you do not have an attitude at the preliminary hearing. If you want to defend this, it will be tough and a long journey for you. You will need a lawyer willing to go on the ride with you. You need to discuss this with an experienced criminal defense attorney.

How does POA work when you have siblings?

Q: How does power of attorney work in cases where the parent is no longer there, mentally, has offspring, and has NOT written anything in the will about power of attorney? If one of his children asks to get power of attorney because of his/her parent’s weakened metal state, is it given to that sibling without informing the others first? Suppose that sibling happens to be a con-artist, hoping to take his/her parent for all his money? Lastly, where do you go to get power of attorney in this case? The state? Hire an attorney? (North Strabane Twp., PA)

A: So long as they are competent, a person can sign a Power of Attorney which appoints anyone he or she chooses as Agent. The Agent does not have to be the person’s spouse or child. A person who becomes appointed under a POA, has no duty to tell anyone, including his or her siblings. It is best to have an attorney consult with the person who is designating the power, the principle, assess his or her competency, then if appropriate, prepare the Power of Attorney. Depending on what you mean by the parent “…no longer there, mentally…” could affect whether the parent is competent to sign a POA. You can consult with an attorney or take this parent to one.

Public Drunkenness-what will happen?

Q: I have never gotten in trouble before, perfectly clean record. No speeding tickets, traffic tickets, or anything. However, the other day I ended up getting picked up for public intoxication. I walked into an apartment building which I initially thought was mine and alarms went off. Once I realized the alarms were going off I stepped outside and sat on the steps and waited. I did not want to make it appear that I was doing anything malicious, so I sat and waited for the police to come. I was completely cooperative and nice to the police. I understood that they were just doing that job and I was making that clear. Looking over my citation, there is no docket number or total due amount. I’m just wondering what exactly this means. Also, is there any possible way that the MDJ could possibly just void the citation? I’m just hoping to keep it off my record. I have done research and I understand that ARD programs could solve this, but I plan on asking about my options at the MDJ and don’t plan on fighting the case. (Brentwood, PA)

A: If you have a pristine record, I can understand your concern. If convicted, this non-traffic summary offense will stay on your record for five years before you can pay an attorney to expunge it. An experienced attorney can guide you on how to get this charge withdrawn. You may have to do something in exchange like community service or a drug and alcohol evaluation. Frankly, if you are so intoxicated that you walked into the wrong building, you may need this. In today’s gun-crazed stand-your-ground world, you could have been riddled with bullets from an AR-15. Also, even if this summary citation is withdrawn, you will have to expunge the record of its issuance. Until you do, the records will still exist for all inquiring minds to find. I would try to have it withdrawn instead of burning your ARD card now. It is nice to keep the ARD option for future use, especially if you do not stop drinking.

What are my options for an underage?

Q: Last night I received an underage at a party with some friends. I’m 20 and have never been in trouble before. I’ve never even gotten a traffic citation. I recently was kicked out of my house and live in emergency housing at my school with no car and no income. I know I will need a lawyer to plead not guilty but also know I cannot afford one. What are my best options? (Millvale, PA)

A: There is a first-time offenders program offered by most District Justices which allows this charge to be withdrawn if the minor completes a program. I doubt if you can obtain a Public Defender as you charged with a summary offense. You may also have a defense to this if there are no witnesses who saw you consume, possess, transport or purchase alcohol. However, you will have a better chance if you have an attorney present that defense. Be aware that if you plead guilty to this, your driver’s license will be suspended.

What are consequences for using synthetic urine?

Q: My friend on parole and entered a re-entry program for work. She used synthetic urine for drug test. They sent it in to lab and now they say she failed drug test. She went in to program today they let her come home. Now they work with parole. Will they call parole and report that she failed urine? (Oil City, PA)

A: I have heard of synthetic marijuana and synthetic motor oil but have never heard of synthetic urine. It must be my age. I do not think his employer will divulge drug test results to the government without his signed release. It depends what he has signed, however. If he released this information, fake urine would be deemed a failed test.

Can my probation officer find out if I owe a debt collector?

 

Q: Recently I wrote a bad check and wanted to know if my probation officer could find that out if sent to a debt collector. (Pittsburgh, PA)

A: I doubt if your PO can discover a bad check and threatening letter from a debt collector. However, failure to make payment on a check after notification that it was written on a closed account or NSF balance, can result in criminal “bad check” charges being filed. I would do my best to enter a payment plan. Also, I would be more concerned if you are on probation for financial and/or similar crimes. It will look like you didn’t get it the first time. However, if you are on probation for something totally unrelated, and having financial difficulties, your PO may not come at you as hard. If you feel that you cannot settle this, you may want to get ahead of it and tell the PO.

Can my brother who is POA do a living trust for mom?

Q: My brother has POA over my mom’s assets. Can he change her will and estate into a living trust without her signature or notary? He says he can. (Pittsburgh, PA)

A: Generally, the Power of Attorney documents must specifically empower the agent to create trusts, or for your brother to do so. You should have the trust instrument reviewed by an attorney. An Agent on a Power of Attorney cannot execute a will for a Principal, nor change it.

Do I return the money?

Q: I got a gift from elderly person. On the check memo it say “gift”. Now he in nursing home and his niece ask me to give money back. I worked for this elderly couple for three years. She is gone. (Pittsburgh, PA)

A: More information is needed. Most importantly, was the elderly person lucid and competent when they made this “gift”? If not, many problems can arise for you. You can possibly be charged with a crime or investigated for elder abuse or sued in civil court. It all depends on the ALL of the facts. If this is a significant amount of money I would consult with a lawyer and do not spend the money until this is resolved.

Is a POA entitled to payment from estate?

Q: My father’s personal injury attorneys created a Power of Attorney and I was the Agent. I served in that capacity for about 2.5 years. The estate is being settled exclusively by the probate/estate attorney.

A: Possibly. If the Power of Attorney authorizes payment of a fee for Agent services performed, then yes. If not, then no. If the POA authorizes payment of the Agent, you can submit a bill to the Executor.

How do I find out what was in my mother’s will?

Q: I found out my mother passed away from an ex-son in law that send us a text regarding her funeral services. I had been visiting my mother in California, four times a year because they would not let me bring her to PA to take care of her. She had dementia and it was hard seeing her neglected in their care. I am the only daughter I was pushed away by my brothers. (Ligonier, PA)

A: If your mother had a will and there was a need to file it, the person appointed as her executor in the will would likely have filed it in the Probate Court of the county in which she died. You can call that county’s probate court and see if they can tell you or direct you on how to do a record search. If you find the will and can get a copy of it and still have questions, you would need to consult with a lawyer to review the will. If you need legal representation to challenge the will or find more information, it would be best to hire a lawyer in the same county where she died.