Tag Archives: PROOF

There is no evidence, but I am accused of recklessly endangering?

Q: My mother and her husband engaged in a verbal argument, it got physical, she proceeded towards my location further down the street not knowing I was at my girlfriend’s residence on the porch. While making her way towards me, she then collapsed, and hit her skull on the ground. It appeared to me as an overdose, while kneeling to her aid I told my girlfriend to call 911. Her husband began to get irate, insisting they leave, and she did not need medical attention. I ignored him, moments later her he reached for my fully loaded firearm. It’s was holstered up against my spine, while I was kneeling to my mother the position became comprised, I realized what he was attempting to do, and struck him with my left elbow and gained control over my weapon with my right hand, I then removed the gun from behind me to my side, barrel facing towards the ground. Later the police alleged that I put the firearms to my step father’s head. I am now being charged with recklessly endangering another person. If this is a one person’s word against another’s, you have a good shot at a not-guilty verdict at trial. (Pittsburgh, PA)

A: I am assuming your mother’s husband alleges you pointed the gun at his head. That would be the evidence. Evidence does not necessarily have to be in the form of videotape. So, as you have just learned, charges can be based on victim testimony. You have the right to defend yourself and counter the victim’s story with your own testimony and testimony of other witnesses if there are any. I suggest since this case involves a gun, a felony and potential jail sentence, that you consult with a lawyer.

Do I need a bill of sale to prove a prior transfer of real estate?

Q: I am purchasing a piece of property from an individual, he is the youngest of three children. His mother has dementia and is in an assisted living home, he has power of attorney. He has a warranty deed that states that he received the property from his mother for a sum of money. My closing agent has a copy of this deed and is asking for a bill of sale or bank account to show the transfer of money, in case one of the other children try to take the property. Is this necessary or does the warranty deed take care of this? (Pittsburgh, PA)

A: No, it is not required, however, I think your closing agent is exercising due diligence as I would in this situation. Two potential concerns. One, is that it was a transfer without consideration (no actual money paid). If that happened, and his mother needs to apply for Medicaid in the future, or is receiving Medicaid benefits right now, Medicaid would ask for the record of the transfer. If no consideration was paid, there could be a problem and the home could potentially be subject to a Medicaid lien The second concern is that the other children didn’t agree to or don’t even know about the transfer. I think it is best to be cautious.