Hazards of Do-It-Yourself Estate Planning

Hundreds of websites offer do-it-yourself wills and other estate planning documents. While DIY estate planning may seem like a good way to save a few dollars, it can have serious repercussions for your beneficiaries. Even if you have few assets, laws vary by state, so it’s always a good idea to seek the counsel of local lawyers for wills and other estate planning documents.

An Estate Plan is More Than a Will

Many people believe that as long as they have a valid will, they have all aspects of estate planning covered. This is simply untrue – proper estate planning is also designed to protect your rights and interests while you are still alive. Some other vital estate planning documents include:

• Power of attorney for health care
• Power of attorney for finances
• Advance directive (living will)
• Trusts

If you fail to have durable powers of attorney in place and you become incapacitated, the court may appoint someone to make medical decisions and handle your finances for you. A probate lawyer or estate planning attorney takes a comprehensive look at your specific needs and can help you draft solid, legally valid documents that protect you and your family.

Trusts Can Simplify Estate Planning

Assets in trusts usually don’t have to pass through probate, and some types of irrevocable trusts can offer tax advantages. However, if you attempt to create a trust by yourself, you run the risk of making mistakes that can have negative consequences for your loved ones. If you’re creating a trust, it’s important to be well-versed in the laws of your state to ensure it’s done correctly. 

Trusts can include certain stipulations, such as disbursing funds over time or when a beneficiary reaches a certain age. This means that you have to do your homework, which can be complex and take a significant amount of time and energy. Using a good estate planning law firm instead of attempting to do it yourself ensures that any trusts are done right the first time and all your legal bases are covered.

Updating Your Estate Plan is Critical

Reviewing your estate plan every year or two or when major life events happen is essential. Marriage, the birth of children or grandchildren, divorce, and other happenings can have a significant impact on your estate. You may also acquire or sell assets. It’s critical to adjust your estate plan accordingly to help make things as easy as possible for your loved ones after you’re gone. For example, if you get remarried and want to ensure your children’s inheritance is protected, creating a new will and trust can help to ensure your assets end up in the right hands.

If you need assistance with estate planning, don’t go it alone. Our Pennsylvania wills lawyers and estate planning attorneys in Chester County PA offer affordable, personalized legal services you can trust.

This blog was originally posted on https://pa4law.com/hazards-of-do-it-yourself-estate-planning/

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What to Expect if Your Divorce Goes to Trial

When many people hear the word “trial” they think of criminal proceedings where a jury decides the fate of the defendant. However, when an agreement can’t be reached between a divorcing couple, they may participate in a trial to settle issues surrounding property division, child custody and support, alimony, and any other matters that need to be addressed. If your divorce is going to trial, it’s critical to have the best divorce lawyers by your side.

Settling Disputes Out of Court

Having a lawyer negotiate a settlement with your spouse is typically a more expedient and affordable way to settle divorce disputes than going to trial. It’s important to keep in mind that going to court can be a lengthy, costly process.  Your divorce attorney and child support lawyer may be able to negotiate a divorce and custody/support settlement agreement without ever going to court.

Steps to Take Before Trial

1. Discovery

Each party must share all evidence with the other side to ensure everyone can prepare for trial without surprises before the court date. Typically, the hearing officer or judge holds a pretrial conference and sets a deadline for discovery to be completed. You must name the witnesses who will testify and will have an opportunity to object to any evidence the other side proposes to submit.

2. Depositions

Generally, a deposition is a fact-finding mission in which the deponent (the person being deposed) answers questions under oath in front of a court reporter before the trial begins. Lawyers may ask a wide range of open-ended questions to discover more facts that may be of use in the trial or in trying to settle the case. Subpoenas may be issued to summon witnesses such as friends, family, acquaintances, and experts to testify in a deposition.  

3. Trial Preparation

It’s important for your attorney to properly prepare you for the deposition and trial. You will not only be prepared as a witness; your lawyer will advise you on how to conduct yourself in and out of the courtroom. Your attorney will ask you questions you might hear from opposing counsel or the hearing officer or judge and may advise you about other details specific to your case. For issues like alimony and child support, there are certain factors that the court must consider. It’s important to be prepared to address each and every one of them. Your attorney may also continue to negotiate with your spouse’s lawyer to try and hash-out issues before trial. 

The Trial

On the first day of the trial, witnesses are sworn in, and the hearing officer or judge will ask the attorneys if they have any preliminary matters to discuss. Once that’s taken care of, opening statements begin. The lawyer for the party who filed for divorce (plaintiff) then calls the first witness to testify. After the plaintiff’s attorney is finished asking questions, the opposing counsel conducts a cross-examination. The plaintiff’s attorney may then ask some more questions on redirect. This process continues until all of the plaintiff’s witnesses have testified, including expert witnesses and the plaintiff.

The other side then calls its witnesses for testimony and cross-examination. Throughout the process, evidence is presented, and the attorneys will most likely raise objections that will be sustained or overruled by the hearing officer or judge. After all witnesses have testified and all evidence is presented, each side presents a closing argument. Once this phase of the trial is over, the hearing officer or judge issues a written ruling and sends it to both attorneys.

The Order

In a divorce trial, the hearing officer will issue a Report and Recommended Order. If either party takes issue with the Recommended Order, that party may file what is called exceptions. The Recommended Order then goes to a judge for a ruling. If neither party objects to the hearing officers, Recommended Order, it is signed by a judge into an actual Order of Court. Once the judge signs a divorce Decree, you are legally divorced. Barring any motions for reconsideration or appeal, the specifics of the orders must be carried out.

Do you need assistance with divorce or another legal issue? Our experienced team of affordable child custody lawyers, divorce attorneys, domestic violence defense lawyers and family estate planning attorneys can help.

This blog was originally posted on https://pa4law.com/what-to-expect-if-your-divorce-goes-to-trial/

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Top 5 Tips for Winning Your Divorce Case

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. 

This blog was originally posted on https://pa4law.com/top-5-tips-for-winning-your-divorce-case/

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Penalties for Stalking or Harassment in PA

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.  

This blog was originally posted on https://pa4law.com/penalties-for-stalking-or-harassment-in-pa/

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5 Reasons You Need a DUI Lawyer

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/

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

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/

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What You Need to Know About Teen Sexting Laws in Pennsylvania

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/

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