I am being charged with a d-misdemeanor theft by unlawful taking. A woman left her purse at my work and being short on cash, I took the cash...

Question

I am being charged with a d-misdemeanor theft by unlawful taking. A woman left her purse at my work and being short on cash, I took the cash out of her wallet and returned the purse. It was $90. I have previous convictions of possession and paraphernalia. Am I looking at jail time?

Answer

Whenever you are charged with a crime there is always the possibility that a judge could put you in jail. That being said, it is a low level misdemeanor so there certainly is a decent chance that you get probation, assuming there is enough evidence to get the case past the Preliminary Hearing, which is where you get to see the evidence against you. Of course your prior record will be known by your sentencing judge who will make the determination as to what type of sentence you will receive.

If you have any questions or would like a consult please call me at 215-639-5297. Just so you know I am a former Senior Deputy District Attorney and I have handled over 7,500 cases over the past 20+ years in practice.

More information is available on my website at www.ykacrim.com or by reviewing my profile on the lawyer review website Avvo.com.

I am trying to find out the best way to have an online business incorporated. I live in Florida and the research says Delaware is the easies...

Question

I am trying to find out the best way to have an online business incorporated. I live in Florida and the research says Delaware is the easiest place to incorporate, but I also read that Florida has its advantages too. As an online business, we would be doing business all over the country, if not more than that. What would be the best direction to go in determining the best location to file the business?

Answer

Based on the facts described in your inquiry, unless your corporation will be complicated with subsidiaries, operations in several states, and special ownership characteristics, you will not likely benefit from incorporating in Delaware, Nevada, or any alleged advantageous state. Advice: incorporate in Florida, develop the business, and in later years you can always revise the incorporation. Incorporation in Florida is relatively simple and also advantageous for companies with international business.

I have recently inherited a house and land in Virginia. We are planning to sell the house and property as soon as possible. Are the funds fr...

Question

I have recently inherited a house and land in Virginia. We are planning to sell the house and property as soon as possible. Are the funds from the sale required to be placed in escrow for a year from the date of sale?

Answer

It is possible to purchase a bond to permit the proceeds to be disbursed rather than held in escrow. Consult with the attorney doing the closing when it is sold.

We are the victims of a theft the person has been charged with three counts of Felony Theft he was offered a plea and originally had accep...

Question

We are the victims of a theft; the person has been charged with three counts of Felony Theft; he was offered a plea and originally had accepted the plea and has now backed out of the plea and asked for a jury trial. We have been told we will be subpeaoned to appear in court against this person. We will have to take a day off from work and drive 150 miles to appear in court. Does someone pay our lost wages and travel expenses? What are his chances in a jury trial? This is in Minnesota.

Answer

I suggest you simply review a sample subpoena form as such detail is included. I suggest you may want to speak with your victim's advocate should one be available. You have the right to be represented by an attorney yourself. 'Chances' with a jury trial depend upon the full facts and issues, and surprise verdicts sometimes occur, and settlement prior to the jury verdict sometimes occurs, too. Tricia Dwyer Esq ph 612-296-9666 Tricia Dwyer Esq & Assoc PLLC Minnesota Crime Victim - Witness Attorneys, Minnesota Criminal Defense Attorneys

Answer

Without knowing anything about the case or evidence it is impossible to assess the likely result of a jury trial. WItnesses can be compensated for their time in court, but the compensation is fairly minimal .

My tenant signed a lease agree stateing she has to imideatley vacate the property on the first of month. She will not leave do I have to leg...

Question

My tenant signed a lease agree stateing she has to imideatley vacate the property on the first of month. She will not leave do I have to legally evict her through court or can I go change the locks now since she did not leave like the lease stated

Answer

In Ohio you will have to go through the statutory eviction process to get rid of a residential tenant despite what your lease agreement says. Clauses in lease agreements do not override Ohio Revised Code Section 5321.15's prohibitions against self help evictions.

If you need help with the eviction process, you can ring me at 614.580.4316.

I have been divorced from my ex husband since October of 1999 and in the papers it says he is responsible for the mortgage. I got a summons ...

Question

I have been divorced from my ex husband since October of 1999 and in the papers it says he is responsible for the mortgage. I got a summons served to me on this being on foreclosure because he never took me off the mortgage. I need to find out how to get my name off the mortgage?

Answer

Unfortunately you cannot have your name removed from the mortgage, as it is a contract between you and the lender made prior to your divorce and remains binding upon you both. You have two regular choices: you can file for bankruptcy, or your can take your ex back to court to require him to make the payments. Bottom line, the Marital Settlement Agreement and/or the Divorce Decree dictate how it is to be paid. You are eligible to obtain a court order enforcing the payment obligations.

This observation is made without a review of any court proceedings or documents. It is, therefore, not a formal legal opinion but a generic statement made upon limited information as a courtesy to the question. An attorney-client relationship is not formed by this exchange, no consideration has or will change hands, and a licensed attorney in your town should be consulted for a formal opinion and advice and direction as to how to proceed.

If I have a Pennsylvania residential rental lease with a 12 month duration and a specified termination date and time, no self-renewing, no a...

Question

If I have a Pennsylvania residential rental lease with a 12 month duration and a specified termination date and time, no self-renewing, no auto-renewal, nor self-extending provision to it, is Landlord still required to provide written notice of termination of that date and time to me (nearing the lease end date) and if so how much notice? Or is it redundant and not required since the lease has the termination date and time and no renewal/extension provision?

Answer

Hi,

The Answer is, "Generally, no". However, I do not make a practice of interpreting any document without reading it for myself. Leases are especially tricky because of the way that they are phrased.

Kindest Regards,

ANDREA