Category Archives: Blog and FAQ

Can a university charge you four months later?

Q: I attend a college and one of four roommates made a complaint about the smell of marijuana in the living room. I am a user and so is another roommate. The campus cops barge in and only check our bathroom (there are 2) and they smelled it so charged us with possession and paraphernalia. But, they never conducted a search like they said they would so there isn’t really any solid evidence besides the smell and bag being on the fire alarm. We were told we would receive a letter in 72 hours if we were charged and we did not receive anything until now February, four months later. What can I do to go about this? (Moon Township, PA)

A:  It sounds like you are over 18 and have been charged with two misdemeanors. Yes, they can take four months to charge you. If you do not have your charges handled correctly, this event can ruin your life. I would invest in an attorney. He or she can determine if you have a probable cause or possession defense, and if not, if there is a diversionary program available to you which can prevent you from having a record.

Can corrupting the morals of a child and unlawful restraint be misdemeanors?

Q: My son picked up a minor. The story goes he coerced the child into doing something but I am not sure what at this point. Is this a misdemeanor or felony? (Upper St. Clair, PA)

A: If the alleged victim is under 18 and the accused over 18, Unlawful Restraint can be charged as a felony. Corruption of Minors can be charged as a felony if the alleged corruption is sexual in nature. I highly advise your son to not make any statements to police and to get him an experienced criminal defense attorney immediately. The potential stakes are high. He could be facing jail and be subjected to 10 or more years of Megan’s Law conditions.

Can I sign her will if I am Power of Attorney?

Q: I have been taking care of my mother for the past 5 years! She has become sick and has given me a power of attorney! Could I have a living Will prepared if I have a power of attorney! (Pittsburgh, PA)

A:  Are you are asking whether you, as Agent under a POA, can sign a living will for your mother? The answer is unfortunately no. She needs to sign her own living will, will and power of attorney. She can do so only if she is competent. Ask her doctor if she is competent to sign these documents. You can also ask a lawyer to visit her and assess her for competency

Will I be liable back property tax if I am her POA?

Q: My friend wants to make me power of attorney. She wants to give me all her belongings when she passes away for taking care of her now. She owes $6,000.00 back property tax that she says she cannot pay, I just want to know if I will be liable for that? (Swissvale, PA)

A:  As an Agent for a Principal under a Power of Attorney, you would have no personal liability unless you acted beyond your scope of authority. You cannot sign a will for her as her Agent. She needs to sign the Will. If you inherit the house through the will, you would be liable for the property taxes. I have seen taxing bodies sue heirs of real estate under a will, even when they do not take title by deed. If you inherit other money from her, you may be able to pay the taxes. You should get an idea of what her estate would consist of and what her estate expenses will be and review it with a lawyer.

Is an unregistered vehicle or vehicle with expired inspection a misdemeanor?

Q: I was cited in Pittsburgh for driving a vehicle with expired registration and for driving a vehicle with expired inspection stickers in a separate citation. Are these non-moving traffic violations considered criminal violations as a misdemeanor or are they like speeding or parking violations as a non-criminal summary offense? As a side note, the traffic dockets were recorded under the magisterial district courts and not in the criminal courts dockets. (Pittsburgh, PA)

A: These particular offenses are motor vehicle summary violations. If your docket number starts with “CR”, the charges are misdemeanors or felonies. If your docket starts with “TR”, the offense are summary motor vehicle offenses. If your docket starts with “NT” they are non-traffic summary offenses and usually criminal (Public Urination, Disorderly Conduct, Harassment, Public Drunkenness, etc.) Your hearing will be held in the Municipal Court Building, 2nd Floor, on 2nd Avenue, not in the Allegheny County Courthouse.

What is custody law for parent with no water?

Q: My kids usually go every other weekend to see my ex. It concerns me as he has no running water in his house. I don’t know if I should send them knowing the living conditions of their dad. (West Newton, PA)

A:  I am sorry to hear that. You can probably file a motion to modify custody. It is a health and safety concern. First, you may want to investigate any programs that assist those that cannot afford utilities. If you can find a referral and he will not take advantage of it, you may have to go the legal route.

In PA, does the spouse who makes less get 1/2 the assets?

Q: Wife works full-time job making $75,000.00 per year. The husband is on Social Security disability, makes $24,400 per year. Husband has no assets (except his truck). The wife has retirement savings and stock options worth roughly $1.8 million. When divorcing in PA, is husband entitled to 1/2 of the wife’s net worth? What about spousal support if the husband was to get his own place to live (they currently live in the same place, although separated within that home) and move out? (North Strabane Twp., PA)

A: PA is an equitable distribution state when it comes to the division of marital property. This means the court tries to cut the pie in a manner that is fair, given many factors. including education, income, career prospects, other assets, the contribution of the parties, debts, etc. Generally, if you are the lesser of two earners with less income potential, you may get a larger share of the marital estate, but this is not always the case.

Husband’s father has cancer, can his sister write checks?

Q: My husband’s sister is staying with her father. Who is sick. My husband is the father’s Power of Attorney, but the sister has been signing the father’s checks and giving them to her other sister, who up until this week hasn’t been part of her father’s life for several years. Supposedly they have been taking his mail and banking information out of the house as well. The do not possess power of attorney, and the sister staying with her father is on SSI Disability, and has taken the father’s bank cards and been using them for purchasing many items for herself and her boyfriend without the father’s permission. (Pittsburgh, PA)

A: She has no authorization to sign checks on his behalf. She should not give his money to anyone else unless he is authorizing her to. The way you describe it, it sounds like she is taking advantage of him. As his Agent under a POA it should be in your husband’s authority to safeguard him in a variety of ways, assuming he is not competent and is not opposing your help. If so, you can close his bank accounts, have the bank restrict them, redirect his mail, change his locks and keep them out of his house. These are complicated situations and you may want to consult with a local attorney. If his competency is in question and he refuses your help, your husband may want to consult with an attorney about becoming his Guardian.

Can I prevent my siblings from selling the family home?

Q: By way of my parents will I have 1/4 ownership of this home that I reside in. My mother has passed away and my father is in assisted care because of dementia my siblings are trying to sell this house worried about future Medical need for my dad who is 91 years old. I want to purchase this home but they’re not giving me enough time to get my credit in order. How can I prevent this transaction from happening or what can I do at this point? This has been my family home for 60 years I do not want to sell. I want to keep it and keep it in the family for my child and my grandchildren. (Pleasant Hills, PA)

A: I assume you mean your parent’s will and not their “living will”? Your 1/4 ownership does not kick in until your father dies. I will assume your father took full title when your mother passed. If the siblings are acting under a valid POA, and these medical needs are legitimate, they can sell the house. In that case, you need to get moving on finding a lender. If there is no POA in place and your father is incompetent, they would need to file for one of them to be his guardian in order to have legal authority to sell this home. This would give you more time. In any event, get moving and find a lender.

Is an enforcement hearing different from a contempt hearing?

Q: My sons father hasn’t paid since July of 2017. He owes over $4,000.00. There was an enforcement hearing on Monday, which I could not attend. Today, I received paper saying on March 21st there is a contempt hearing. So, I was just curious as to what goes on at the enforcement hearing and what goes on at the contempt. (Pittsburgh, PA)

A: When you hear the word, “contempt”, it is generally not good. It means that the defendant has failed to comply with an order of court. In Family Law, if a judge orders a defendant to pay X amount by X date, and the defendant does not, a contempt hearing is held. At the hearing if the judge determines that the defendant is in contempt, the law permits the judge to sentence the defendant to 6 months in jail. The ways around it are to pay the full amount by the time of the hearing or make a substantial payment before the hearing or bring a substantial amount of money to the hearing. It is generally all about money. If no payment is made and the defendant has no valid excuse for not paying, he may be spending spring and summer in the Allegheny Iron Hilton.