Understanding Levels of Sex Crimes in PA

The legal consequences and social stigma that come with being accused or convicted of a sex crime can affect all aspects of your life. If you have been accused of a sex crime, it’s important to know exactly what charges you could be facing and which penalties may apply. A criminal defense attorney can help you understand your rights and advise you of the consequences a particular level of sex crime may carry.

Felony Sex Crimes in PA

Generally, rape is defined as forcible sexual intercourse and is a first-degree felony in Pennsylvania. Involuntary deviate sexual intercourse refers to using an object to penetrate another person’s body, and is also a felony in PA. There are many other sex crimes in Pennsylvania that can be charged as felonies, including statutory sexual assault, indecent assault, and institutional sexual assault. Potential penalties include:

• A third-degree felony conviction can result in up to seven years in prison and a fine of up to $15,000
• A second-degree felony conviction can result in up to ten years in prison and up to a $25,000 fine
• A first-degree felony conviction can result in up to 20 years in prison and up to a $25,000 fine

Misdemeanor Sex Crimes in PA

Crimes like indecent exposure, prostitution, solicitation, and lewd conduct are charged as misdemeanors in Pennsylvania, and may result in the following penalties:

• A second-degree misdemeanor conviction can result in two years in jail and up to a $5,000 fine
• A first-degree misdemeanor can result in up to five years in jail and up to a $10,000 fine

Regardless of whether you’re facing felony or misdemeanor charges, it’s critical to seek the counsel of an experienced sex crimes lawyer. Your attorney will ensure your rights are protected and may be able to get charges reduced or dismissed, depending on the specific circumstances surrounding your case.

Megan’s Law Sex Offender Registry

Although some crimes are considered more serious than others, those convicted of sex crimes usually have to register as sex offenders under  PA Megan’s Law and the Sex Offender Registration and Notification Act (SORNA). Depending on the crime, generally, an offender is classified as a Tier I, Tier II, or Tier III offender, although there are other classifications for sexually violent predators and sexually violent delinquent children.

These distinctions are very important, as the length of time someone is required to register depends on their classification. Failing to register is a felony, and can result in prison time and up to $25,000 in fines.

Sex offender registration requirements in Pennsylvania are as follows:

• Tier I – 15 Year Registration
• Tier II – 25 Year Registration
• Tier III – Lifetime Registration
• Sexual Violent Predator – Lifetime Registration
• Sexual Violent Delinquent Child – Lifetime Registration

Juvenile offenders are no longer required to register in Pennsylvania unless they are classified by the Court as a Sexually Violent Delinquent Child.

Whether you have been accused of a crime or you’re a victim of sexual assault, our experienced team of legal professionals can help. Our criminal defense attorneys, domestic violence lawyers, and drug crime lawyers provide exceptional legal representation in all matters of criminal law without judgment. If you’ve been a victim of domestic violence, we can assist you with filing a Protection from Abuse order as well.

This blog was originally posted on https://pa4law.com/understanding-levels-of-sex-crimes-in-pa/

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Medical Mistakes: When a Fertility Clinic Uses the Wrong Sperm

For those struggling to conceive a child, fertility treatment can be a lifesaver. Although they are rare, mistakes sometimes happen at fertility clinics. Fertility law is fairly new and can be quite complex. If you’ve been a victim of a medical error during fertility treatment, it’s important to find good medical malpractice lawyers who have experience in this area of the law.

Fertility Clinic Sperm Error

One such case involved Thomas and Nancy Andrews, who received fertility treatments at New York Medical Services for Reproductive Medicine in 2004. After struggling to conceive their second child, Nancy underwent in-vitro fertilization with what was assumed to be her husband Thomas’ sperm. When she became pregnant the family was overjoyed.

However, after Nancy gave birth to daughter Jessica on October 19, 2004, they feared that something was amiss. Jessica’s skin was much darker than either of her parents’ and she had characteristics more typical of African or African-American descent. Using a home kit, they tested their daughter’s DNA and had two additional lab tests performed. All three tests showed that Thomas was not Jessica’s biological father.

The Andrews File a Malpractice Lawsuit

The couple feared that Jessica’s biological father could try to claim rights and that the anonymous donor's sperm may have been used in other inseminations or another couple may have received Thomas Andrews' sperm. They also believed that the convoluted situation could cause their child confusion and unnecessary hardship.

The Andrews decided to bring a claim against the owner of the clinic and the embryologist who processed the egg and sperm for insemination. In court filings the couple stated, "We underwent a difficult and complex medical procedure for the sole purpose of bearing a child of our own. We were never informed that this type of mishap could occur, and frankly, this type of mishap is almost unimaginable.”

Even the best medical malpractice lawyers in Pennsylvania find cases involving IVF and other fertility treatments challenging to win. New York courts are hesitant to deem the birth of a healthy child as a cognizable injury. State Supreme Court Justice Sheila Abdus-Salaam dismissed certain parts of the Andrews’ lawsuit, including a claim that they had suffered mental distress. However, they were permitted to proceed with the medical malpractice portion of the claim. Ultimately, they were granted a summary judgment against embryologist Carlo Acosta.

Other Types of Fertility Clinic Errors

Using the incorrect sperm isn’t the only type of error that can happen at a fertility clinic. A California woman was awarded $1 million in a malpractice claim against a fertility specialist who accidentally implanted her with the wrong embryos, then concealed the mistake until her baby was 10 months old. 

Common errors include:

• Improper handling of sperm, eggs, or embryo, which can result in the implantation of the wrong embryo or using the wrong sperm or eggs
• Improper implantation, such as placing the embryo in the ovaries, which can result in ectopic pregnancy
• Medication errors, such as prescribing the wrong drugs before, during, or after an IVF procedure

If you have suffered harm due to a fertility clinic error, seeking the counsel of medical malpractice lawyers in Chester County PA can help make things right for you and your family. Our malpractice attorneys in West Chester provide compassionate, competent legal services you can trust.

This blog was originally posted on https://pa4law.com/medical-mistakes-when-a-fertility-clinic-uses-the-wrong-sperm/

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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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