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(And why you need diligent counsel to represent you)

The district attorney’s office has several advantages in any criminal case. They have immense discretion, vast resources, and the benefit of several evidentiary rules. Among those rules is Pennsylvania Rule of Evidence 404(b), which allows the limited use of “prior bad acts” evidence against defendants in criminal cases. In some cases, that rule allows the prosecutor to tell the jury about other bad things the defendant supposedly did—even if they were never charged or convicted.

When can prosecutors use prior bad acts evidence?

I. Appearance in Family Business Court

This does not happen in each case. When your case begins, it may be necessary to have a “temporary”

Custody Order. This will require an appearance in Family Business Court. Family Business Court is a Court Session which is held on Monday, Tuesday, Thursday, or Friday (depending on the letter of the alphabet of the Defendant’s last name). At this time, attorneys speak with the Judge, make arguments, and the Judge makes a determination regarding their request. A Temporary Custody Order may be entered after a Family Business Court Session. This is not a final, permanent Order.

When relocating to a new state, it is important to have your estate plan documents, such as a Will, Power Of Attorney, Durable Health Care Power Of Attorney (Living Will), or Trust, reviewed by an attorney in your new state as soon as possible, as some states have unique laws and requirements regarding these documents.  Estate and Inheritance Tax provisions should also be considered upon relocating.

If you are claiming an injury as a result of someone else’s fault (and you did not contribute to your own injuries), there are several factors that will help determine how much to ask for in the demand letter, which typically starts the settlement process.

How much to ask for in a personal injury settlement? Personal injury settlements can range from $3,000 to over $75,000 on average nationally, and frankly, these ranges even vary from county to county or state to state. How much also depends on the attorneys’ experience and what such cases/injuries typically settle for in Pennsylvania. Get what you deserve! Experience counts. Call Pyfer Reese Straub Gray & Farhat for a consultation.

Read further to learn what impacts how much to ask for in a personal injury settlement.

There are, generally, three tax returns that may be filed after the date of death of the decedent by the executor (administrator) or executrix (administratrix) of an estate:

    (1) Personal Income Tax Returns, and

    (2) Fiduciary Income Tax Returns, and

    (3) Pennsylvania Inheritance Tax Return.

Parties to a custody action commonly seek to relocate with their child or children. Pennsylvania has set forth precise procedural requirements in these situations. That said, the threshold determination in these matters is whether the relocation triggers the aforementioned formal process at all.

COVID-19 vaccines are now widely available for children ages 5 years and older, and booster shots are being offered for children ages 16 years and older and children who are moderately or severely immunocompromised.  If you are a parent, you have likely considered the COVID-19 vaccine and whether it is appropriate for your child. 

There is no question that the decision to vaccinate—or not vaccinate—has led to spirited debate among adults, and similar discourse has occurred between parents who are considering the vaccine for their child. 

When a person applies for Social Security Disability Benefits, the Social Security Administration (“SSA”) applies a five-part test to decide whether that person meets its definition of disability. The person applying for disability must prove each factor to be awarded disability. 

Disability Eligibility Factor No. 1

The first factor SSA considers is whether the person is engaging in Substantial Gainful Activity. Simply put, this means SSA will investigate whether the person is working and making more money than allowed for an award of disability benefits to be made.

The meaning and impact of legal terms are often foreign to most people who have been charged criminally in Pennsylvania.  

For instance, following an arrest or interaction with law enforcement, a defendant may receive in the mail documentation from a Magisterial District Court noting the date and time for a Preliminary Hearing, which requires his or her presence. No other details are provided.

So, the first question the accused asks is, “What is a Preliminary Hearing?” It is probably the most frequently asked question among defense attorneys when first speaking with their respective clients.

In short, a Preliminary Hearing is a procedural safeguard for defendants, requiring the Commonwealth of Pennsylvania, through the charging county’s Office of the District Attorney, to establish that there is enough evidence to proceed with the matter to the Common Pleas court level. The burden is on the Office of the District Attorney to establish a prima facie case against the accused, which consists of two components: (1) sufficient evidence that a crime has been committed, and (2) sufficient evidence that the accused committed the crime.