Perna and Abracht is a full service law firm helping clients in the areas of Business law, Family law, Divorce, Personal Injury, Estate Planning and Administration, Workman's Compensation and Real Estate.

Perna and Abracht is a full service law firm helping clients in the areas of Business law, Family law, Divorce, Personal Injury, Estate Planning and Administration, Workman's Compensation and Real Estate.

Perna and Abracht is a full service law firm helping clients in the areas of Business law, Family law, Divorce, Personal Injury, Estate Planning and Administration, Workman's Compensation and Real Estate.

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Thursday, April 21, 2022

Top 5 Tips for Winning Your Divorce Case

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Even in the best of circumstances, divorce can be an emotionally and financially taxing process. If you and your spouse have decided to end your marriage, it’s important to find the best divorce lawyers you can to ensure your rights and interests are protected. The following tips can also make the process easier and give you peace of mind.

1. Provide Documentation

Evidence is key in any court proceeding. Gather any documents related to assets, income, debts, life insurance, employment, and retirement accounts, including tax returns. It’s also important to be completely honest – attempting to hide debt, assets or money is always a bad idea. If the court finds out, you will most likely be on the losing end of your final divorce settlement agreement. 

Make sure to provide communications such as voicemails, emails, texts, and social media messages/posts to your lawyer. They can help clarify certain issues surrounding child custody and substantiate claims of mistreatment, and they may be useful evidence for many different matters. Calendars and schedules of kids’ school events and activities can also be useful evidence when negotiating custody arrangements. 

2. Stay in the Marital Home

Unless there are domestic violence issues that put you and your children in danger, it is often best to stick to a regular routine in the home that your kids are familiar with because this provides a sense of normalcy and comfort for them – remember, they’re probably feeling unsure about the future as well. Affordable custody lawyers can advise you on the best course of action to protect your rights and your children’s interests. 

3. Keep Your Emotions in Check

Divorce is a painful process. Seeking therapy and leaning on your legal team for advice can help make it a bit easier. Remaining composed throughout the divorce process can definitely work in your favor. It’s critical to think beyond your divorce and focus on what you want for the future. It’s also important to be civil for the well-being of your children, and engaging with your spouse when things get heated can give rise to issues like false abuse allegations. If you’ve been accused of hurting your spouse or children, make sure to seek the counsel of a domestic violence defense lawyer right away. 

4. Be Careful About What You Say and Do

When you’re in the midst of a contentious divorce, it can be tempting to vent about your spouse to friends and family. This can come back to bite you, as can airing dirty laundry on social media. Always consider anything you post to be public, including photos. Avoid negative talk or posting about your spouse or divorce until after it’s finalized. Another thing to keep in mind is to be careful about the content of photos and social media “check ins.”  For example, someone could take an innocuous picture of you enjoying a glass of wine or at a social media “check-in” at a bar and try to use it as proof that you have a problem with alcohol. 

5. Choose an Experienced Divorce Attorney

Regardless of whether your divorce is amicable or wrought with tension, it’s critical to hire an attorney who has experience handling a wide range of divorce cases. A good child support lawyer can ensure you receive or pay a fair amount of support and a family estate planning attorney can help you update your will as you move into this new phase of life. 

Thursday, April 14, 2022

Penalties for Stalking or Harassment in PA

domestic violence defense lawyer

Although stalking and harassment are charged as separate crimes in Pennsylvania, both can come with harsh penalties. Being convicted of these crimes can result in fines, prison time, probation, and a criminal record, not to mention the impact it can have on your ability to find employment and housing. Regardless of whether you’re a victim or have been accused, criminal lawyers recommend seeking legal counsel to ensure that your rights are protected. 

Penalties for Stalking in Pennsylvania

Stalking

There are two elements involved in the criminal offense of stalking. First, the defendant must have engaged in a “course of conduct” by committing two or more acts of unwanted behavior. Second, the victim must have faced reasonable fear of serious bodily injury or suffered severe emotional distress due to the defendant’s actions. 

Some examples of behaviors that may be considered stalking include:

Repeated or excessive communications such as calling, texting, messaging, or emailing

Following the victim or showing-up at his/her home or workplace

Taking photos of the victim without his/her consent

Threatening to harm the victim or his/her loved ones and pets

Stalking may be charged as a first-degree misdemeanor or a third-degree felony.  If it’s the defendant’s second offense or the defendant has been previously convicted of domestic abuse or a violent crime involving the same victim, he/she will likely be charged with a third-degree felony. 

If you’re convicted of a first-degree misdemeanor, you can face up to five years in prison and a $10,000 fine. A third-degree felony conviction carries a sentence of up to seven years and a $15,000 fine. 

Unfortunately, these charges sometimes result when disputes between couples escalate during a divorce or separation. If you’re dealing with domestic violence issues, a good divorce lawyer should advise you of the best course of action to safeguard your rights and well-being. 

Harassment

For a defendant to be convicted of harassment in Pennsylvania, the prosecutor must show that he/she  acted “with intent to harass, annoy or alarm” another person and engaged in one or more of the following unwanted acts:

Struck, shoved, or kicked the victim, including attempts and threats to do so

Followed a person in or around one or more public places

Communicated with or about another person using obscene or threatening words, language, drawings, or caricatures

Repeatedly and anonymously communicated with the other person

Repeatedly communicated at extremely-inconvenient hours

Engaged in a course of conduct or repeatedly committed acts that serve no legitimate purpose

Harassment is usually charged as a summary offense which carries a $300 fine and up to 90 days in jail if you’re convicted. However, some forms of harassment are third-degree misdemeanors, including the cyber harassment of a child.

For example, if a defendant repeatedly violated a Protection from Abuse Order (PFA) involving the same victim, he/she may face misdemeanor charges for harassment.  If you’re convicted of third-degree misdemeanor harassment, you may face up to one year in jail and a fine of up to $2,000. A domestic violence defense lawyer can help you understand the charges that have been brought against you.

If you’ve been charged with a crime or have been a victim of stalking, harassment, or domestic violence, our experienced team of criminal defense attorneys, sexual assault lawyers, and divorce lawyers can help.  

Thursday, April 7, 2022

5 Reasons You Need a DUI Lawyer

DUI defense attorney

If you’ve been arrested for driving under the influence, you may feel overwhelmed and unsure of where to turn. DUI charges have serious consequences that can have an impact on myriad aspects of your life. Finding a good DUI defense attorney is critical to protecting your rights and working toward a fair outcome for your case.

1. A lawyer provides the counsel you need after an arrest.

After a DUI arrest, the police will want to question you. Before speaking to any police or prosecutors, call an attorney. Criminal defense lawyers give valuable advice on what to say and whether to answer certain questions, both of which can make a world of difference in the result of your DUI case.

2. A DUI conviction can jeopardize your freedom, reputation, and financial security.

Even first-time DUI convictions can carry stiff penalties such as hefty fines, jail time, and suspension of your driver’s license. In some cases, being convicted of a DUI can have an impact on the professional licenses you hold as well.

3. An attorney may help you get charges reduced or dismissed.

Your lawyer will assess the facts surrounding your case and determine whether procedural errors by the police, problems with evidence, or inaccurate breathalyzer, blood tests, or field sobriety tests may be avenues to get charges reduced or dismissed. If you’re facing additional charges involving illegal possession, it’s important to make sure that you hire an experienced drug crime lawyer to handle your case.

4. You may be eligible for an ARD program.

Some first-time offenders may be eligible to participate in an Accelerated Rehabilitative Disposition (ARD) program. After successfully completing the program, you may petition the court to have the charges dismissed and your case expunged. However, it’s important to keep in mind that ARD is not always the answer – if the prosecutor’s case is flimsy, you may be better-off taking your chances at trial. Your attorney can advise you of what he/she thinks is the best course of action and assist you with applying for ARD if it is available to, and best for, you.

5. A lawyer helps you understand your options.

DUI laws are complex, and navigating the court system can be daunting. It may be tempting to plead guilty right away just to be done with your DUI case. However, it’s important to fully explore your options so you can make educated decisions. Having an attorney negotiate with prosecutors on your behalf can help lessen the impact that a DUI may have on your life. If your case goes to trial, a defense attorney can help you prepare and develop a strategy to achieve a verdict in your favor.

It’s important to act fast to protect your rights if you're charged with a DUI. Contact a DUI attorney online or call (610) 444-0933 to schedule a free consultation. If you or a loved one has been injured in an accident involving a drunk driver, a car crash injury lawyer can help you understand your rights and hold responsible parties accountable.

This blog was originally posted on https://pa4law.com/5-reasons-you-need-a-dui-lawyer/

Monday, April 4, 2022

Why You Need an Attorney If You’ve Been Charged with Violating a PFA

Protection From Abuse

Also known as a restraining order, a Protection From Abuse order (PFA) is intended to protect victims of domestic violence. If you have been charged with a PFA violation, a criminal defense attorney can help you understand and protect your rights and advise you of your options. Whether you believe it is valid or not, it is critical to follow all the requirements of a PFA, which usually prohibits all contact with the person who filed it against you.

Penalties for Violating a PFA in Pennsylvania

Depending on the circumstances, PFA violations can result in jail time, costly fines, and a criminal record. You may be held in contempt of court and the length of time the PFA is in effect may be extended by the court. Being held in contempt of court can have significant consequences, including automatic forfeiture of your right to a jury trial.

If you are found guilty of a PFA violation in Pennsylvania, penalties may include a fine of $300 to $1,000, and up to six months in jail or six months of probation. Any firearms you own can be permanently confiscated. If you committed any other crimes while violating a PFA, you can face additional penalties if you are convicted of those as well.

In Pennsylvania, a PFA violation is considered an "indirect criminal contempt of court,” and can even form the basis of its own criminal charge. Even though a judge will decide your fate instead of a jury, having a domestic violence lawyer represent your interests in court gives you a much better chance of avoiding jail time and other penalties.

How a PFA Violation Conviction Can Affect Other Aspects of Your Life

Violating a PFA can also have an impact on other criminal or civil charges you may be facing. For instance, if you are the subject of a PFA and you are also charged with stalking, if you contact the alleged victim, a prosecutor will likely use the violation to demonstrate that you are continuing the harassment. PFA violations that occur during ongoing child custody or divorce cases can complicate matters and result in a court limiting the custodial rights of the parent accused of violating the PFA.

A criminal conviction of any kind can have far-reaching, long-term repercussions. In addition to  impacting family law issues like child custody, a conviction for a PFA violation may adversely affect employment and housing opportunities and may even result in revocation of any professional licenses you hold. If you’re convicted of a crime like sexual assault, you may be required to register as a sex offender as well. Having an experienced sex crimes lawyer by your side is critical to ensuring your rights are protected. An attorney can negotiate with prosecutors to come to an agreement to have charges reduced or dismissed, and fight for a not guilty verdict in court if necessary.

Contact a Criminal Defense Attorney

Being charged with a PFA violation or other crimes can be stressful and overwhelming. Our seasoned team of defense attorneys, drug crime lawyers and family law attorneys provide top-notch representation that can cover any legal problem you may be facing.

This blog was originally posted on https://pa4law.com/charged-with-violating-a-pfa/

Monday, March 28, 2022

What You Need to Know About Teen Sexting Laws in Pennsylvania

criminal defense attorney

Sending nude or sexually explicit images via electronic communications such as text, social media, and email is known as “sexting”. Unfortunately, it has become a common practice for teenagers, so Pennsylvania has enacted specific laws that deal with teen sexting. If your child is facing these types of charges, it’s important to find a criminal defense attorney who has experience handling teen sexting cases. 

Why are There Specific Sexting Laws for Teens? 

Many teens do not possess good judgment and may send sexually explicit images to their peers. These images may be considered child pornography, which can come with harsh penalties if someone is convicted of a crime. To keep teenagers from having to endure lifelong repercussions such as prison time and being branded as sex offenders, many states have created sexting laws that apply to certain behavior by minors. 

Although these crimes are usually charged as misdemeanors, if a teen’s conduct is particularly harmful, they can still face felony charges.  An experienced sex crimes lawyer can investigate the facts of your case and determine which types of charges and penalties may apply. 

Teen Sexting Law in Pennsylvania

Under Pennsylvania law, the electronic dissemination of "sexually explicit images" by minors is typically charged as a summary offense or misdemeanor. Images that involve nudity or show a minor's genitals, pubic area, breasts, or buttocks in a sexual manner are considered sexually explicit. Typically, penalties are based on the severity of the conduct involved, and the motivation for sending the explicit images.

A minor who knowingly sends a sexually explicit selfie may be charged with a summary offense, which is the most minor type of criminal offense in Pennsylvania. If a minor knowingly possesses or views a sexually explicit image of another minor age 12 or older, it is also considered a summary offense. 

Sharing, sending, or publishing an image of another minor is a third-degree misdemeanor. If an explicit image of another minor is taken without permission and with the intention to harass, intimidate, or cause emotional distress, a minor can be charged with a second-degree misdemeanor. 

Penalties for Teen Sexting 

Penalties for a summary offense include up to 90 days in a juvenile detention center and a $300 fine. However, the minor will first be referred to a diversion program, which educates them on the consequences of sexting. If they successfully complete this program, charges will be expunged. 

A third-degree misdemeanor can involve one year in a juvenile detention center and a $2,500 fine. Second-degree misdemeanors may come with a $5,000 fine and two years of incarceration. A teen’s phone and other devices may also be permanently confiscated.

More harmful acts such as sending images of children engaged in sexual acts or images of children younger than 12 are prosecuted under stricter child pornography and obscenity laws. These convictions carry more severe sentences, including sex offender registration requirements. 

A Criminal Defense Attorney Can Protect Your Rights

If your child is facing charges relating to sexting with minors, it is critical to contact a local criminal defense attorney as soon as possible. Our team of experienced attorneys includes drug crime lawyers and domestic violence lawyers as well. Whether you need help with criminal defense due to teen sexting charges or you are seeking a Protection from Abuse order, we provide legal representation and services you can trust. 

This blog was originally posted on https://pa4law.com/teen-sexting-laws-in-pennsylvania/

Monday, March 21, 2022

What To Do If You Are Facing Prescription Drug Charges In Pennsylvania

criminal defense attorney

Prescription medications can be helpful for those who suffer from severe pain, anxiety, and other medical conditions. However, addiction to these powerful drugs has become an epidemic in the United States and has led to people attempting to get them any way they can. Possessing prescription medication that has not been expressly prescribed to you is against the law, as are theft of prescription pads and forgery of physicians' signatures. If you or a loved one is facing charges related to the illegal possession or sale of prescription drugs, you are not alone. A criminal defense attorney can protect your rights and assist you with finding the help you need. 

A Prescription Drug Conviction Can Be Life-Changing

Being convicted of possession of a controlled substance oft-related charges such as theft and forgery—
 is life-altering. Prescription drugs involved in these types of charges often include narcotic pain relievers, depressants, stimulants, and ADHD, anti-anxiety, and sleep medications. 

Penalties for these charges are similar to those for other drug crimes. In addition to serving prison time and paying hefty fines, you may be forced to give up your professional license and have difficulty finding work in the future, not to mention the negative impact it can have on your loved ones and your standing in the community. Depending on the circumstances, an experienced drug crime lawyer may be able to help get charges reduced or dismissed, which can mitigate the damage of a conviction. 

Contact an Attorney Immediately

Clients facing drug charges often need help, not jail time, but sentences involving prescription drug fraud can be harsh. Regardless of the type of charges, any time you are arrested it is imperative to contact an attorney as soon as you can. Do not answer any questions or give  statements  to law enforcement officers or prosecutors without your lawyer present. It is also essential to find a defense attorney who knows how the criminal system works in these types of cases, and when alternative penalties such as treatment may be available. 

Defenses for Drug Crimes

Your lawyer will also investigate the facts surrounding your case to determine whether police or prosecutors followed proper protocols during the legal process. There are many different ways to approach drug crime defenses, and your lawyer will figure out which defenses may apply in your case.  They may challenge the evidence or testimony, point out procedural errors, or present an affirmative defense that shows you were acting legally. Each situation is unique, and your defense will depend on the specific circumstances surrounding your case.

If you are facing prescription drug charges, don’t wait to get in touch with a criminal defense lawyer. Our team of drug crime attorneys, sex crimes lawyers, and medical malpractice lawyers in Chester County, PA are here to serve all your legal needs. 

Friday, March 18, 2022

Alcohol and Domestic Abuse: A Dangerous Combination

domestic violence lawyer

Alcohol use and domestic violence often go hand-in-hand. Although abuse is not caused by addiction, when someone is under the influence of alcohol or drugs it can make them much more prone to losing control or acting on violent urges. Whether you are a victim of abuse or have been accused of domestic violence, it is important to understand how alcohol use may impact your case. An experienced domestic violence lawyer can help you make sense of it all, and advise you of the best course of action to protect yourself and/or your children.

Correlation Between Alcohol Abuse and Domestic Violence

According to the World Health Organization (WHO), approximately 55% of people who commit domestic abuse did so while drinking. In addition, women who experience domestic violence are up to 15 times more likely to use alcohol. 

A study conducted by the University of Minnesota showed that people who are already predisposed to violent behavior may also be more susceptible to substance abuse.  Specifically, children who grow-up in households where domestic violence and alcohol are prevalent may be at greater risk of becoming abusers and/or substance users later in life.

Distorted Perceptions Can Lead to Violence

Alcohol affects one’s ability to perceive, integrate and process information. Although distorted perceptions and poor judgment are not causes of domestic violence, they increase the risk that the user will misunderstand another’s behavior. This is true for the abuser and the victim if they are both drinking. 

If you are in an abusive relationship, finding an affordable divorce attorney who can help you obtain a protection from abuse order is one way to extricate yourself from the situation. An experienced family lawyer can also provide vital support that empowers you to take action and break the cycle of abuse and addiction. 

Similarities Between Alcohol Addiction and Domestic Violence

Domestic abuse and alcohol addiction have common symptoms that may be managed with the right kind of treatment. These include:

Continuing to take part in negative behaviors despite undesirable consequences
Feelings of shame and guilt as a result of the behaviors
Denying or lying about involvement in the behaviors
Loss of control
Escalation or worsening of the behaviors over time

When alcohol use and domestic violence are co-occurring, the likelihood of dangerous—even 

 Fatal— consequences increases. Intoxication can result in an abuser being unaware of the severity of the damage he/she is causing to a victim. On the other hand, if a victim is under the influence, they may be unable to recognize their injuries or ask for help. Regardless of which role each person plays, both domestic violence and alcohol abuse cause deep feelings of shame that often keep people from seeking help. If you have been charged with domestic violence, your criminal defense lawyer can help you get the resources you need to find treatment for addiction and other behavioral health issues. 

How a Family Law Attorney Can Help

Domestic violence can impact divorce and custody matters as well. If you have children, it’s important to find the best child custody lawyer you can. An attorney can assess your case, advise of your options, and help protect your rights.

If you are being abused or know someone who needs help, contact the National Domestic Violence Hotline at 1−800−799−7233 or TTY 1−800−787−3224.

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