News
As a Non-Biological Parent, What Are Your Custody Rights of a Child?
October 15, 2019The Pennsylvania Superior Court recently recognized the custody rights of non-biological parents in R.L. v. M.A., 2740 EDA 2018. In the case, a couple decided to have a child using the egg from the biological mother and the sperm from a relative of the non-biological mother. The non-biological mother helped decorate the nursery and selected the child’s first name and was present at the birth of the child. The couple broke up soon after the child was born. Initially the non-biological mother had custody of the child every other weekend and when the child was two (2); but the couple agreed to share 50/50 custody. When the child turned five (5), the couple had a dispute and the biological mother attempted to stop all custody rights of the non-biological mother. The trial court gave 50/50 custody, finding the non-biological mother in loco parentis and therefore eligible for any form of custody. In loco parentis means “in the place of a parent.” Under Pennsylvania Custody Law, an individual who has in loco parentis status can seek primary, shared or partial physical custody of a child.
Social Security Disability Income vs. Supplemental Security Benefits
October 15, 2019There are many circumstances in which an individual may need government financial assistance and one of those circumstances is the need to apply for social security benefits. Fortunately, the experienced Attorneys at Pyfer Reese Straub Gray and Farhat are well-versed in these circumstances and recognize when you may be eligible for such benefits.
IS THE PERSON WHO IS LIVING IN YOUR HOUSE UNWELCOME?
October 15, 2019Most people are not aware that if they have a domestic partner or significant other residing with them in their own home, it may be difficult to force that person to leave the house. If your paramour/significant other refuses to leave the house when you request that they do so, and you change the locks on the door and put their possessions in the front yard, the police may advise them that they have a right to enter the house because it is “their residence.”
Exile is not a Sentencing Option for Corporate Defendants
October 15, 2019DO YOU WANT A CLEAN SLATE?
July 15, 2019On June 28, 2019, the second phase of Pennsylvania’s Clean Slate Law went into effect. Under this law, criminal history information about eligible summary and misdemeanor offenses will automatically be sealed, i.e., removed from public view if an individual has been free from arrest or prosecution for ten (10) years after conviction or release from prison or supervision, whichever is later.
You signed an Agreement Not to Compete with your former employer.
June 27, 2019You signed an Agreement Not to Compete with your former employer. Can that former employer keep you from working at your new job?
Perhaps there is a Noncompetition and Confidentiality provision included with the employment contract that you had previously signed when you worked for your former employer. Or, maybe you did not sign an employment contract but you did sign something called “Agreement Not to Compete” when it was shoved at you for signature along with the other usual personnel documentation. Now you are ready to move on to a new job opportunity. Should you first review that Noncompetition and Confidentiality provision/Agreement Not to Compete that you signed with an attorney?
Warrantless search not justified when to delay it would not have put anyone at risk!
June 14, 2019
The exception to the warrant requirement for domestic violence calls does not apply once the victim is no longer at risk. In those circumstances, the police must get a warrant.i
Police in Franklin County responded to a domestic violence call. When they arrived, the victim told them that her boyfriend fled during an argument that she feared would turn violent. She reported that her gun and ammunition were missing, along with a few other items. Police knew that he was a felon, and therefore, could not legally possess a gun. They also thought that he was headed for a house in Chambersburg.ii
DOUBLE JEOPARDY AND COMPULSORY JOINDER RULES
June 6, 2019Supreme Court of Pennsylvania: The Commonwealth may not prosecute other crimes after disposition of related summary charges.
Once the courts dispose of summary offenses, police cannot go forward on other charges from the same criminal episode. The Pennsylvania legislature’s double jeopardy and compulsory joinder rules stop the Commonwealth from prosecuting misdemeanor and felony charges after a verdict on related summary offenses.
In Philadelphia, police charged a man with driving without his lights on and three counts of driving under the influence. The Municipal Court found him guilty of driving without his lights. He, later, moved to dismiss his DUI charges because they were barred by the Pennsylvania double jeopardy rules. The trial court agreed and dismissed the charges. Commonwealth v. Perfetto, ___ A.3d ___, 7 EAP 2018 at pp. 4-6 (Pa. 2019).
THE POLICE WANT TO TALK TO ME: SHOULD I GET A LAWYER?
May 10, 2019The short answer is YES. The dangers involved in speaking to police are substantial, and seeking a lawyer’s advice before you talk to them is the best way to protect yourself.
You have the absolute right to not talk to the police. The Fifth Amendment and its Pennsylvania counterpart—Article 1, Section 9, of the Pennsylvania Constitution—provides everyone the right not to be a witness against him/herself. In simple terms, you have the right to not answer an officer’s questions.
Police may ask you to do things or provide documents, which you may have to do in some situations. For example, during a traffic stop, you must produce your insurance card on demand. You might have to do field sobriety tests for an officer. But they cannot force you, for example, to tell them where you came from or where you are going.
DISCRIMINATION AGAINST THE LGBTQ COMMUNITY
May 6, 2019In August of 2018, the Pennsylvania Human Relations Commission released a new Guidance Guideline regarding Sex Discrimination. The Guideline included sexual orientation, gender identity, gender expression, gender transition, and transgender identity. A resident in Pennsylvania can file a Complaint with the Commission if he or she believes that he/she has been discriminated against in education, employment, housing and public accommodation.