The Law Offices of Campana, Hoffa & Morrone, P.C.The Law Offices of Campana, Hoffa & Morrone, P.C.2023-12-15T09:34:40Zhttps://www.campanalaw.com/feed/atom/WordPressOn Behalf of The Law Offices of Campana, Hoffa & Morrone, P.C.https://www.campanalaw.com/?p=501762023-04-07T19:43:26Z2023-04-10T19:42:38ZAdvantages of filing first
There are some potential benefits to being the one to file for divorce first. By taking the initiative, you have control over the timing of the filing. This can be especially helpful if you need to gather financial records or make other preparations before the divorce process begins.
Filing first also means you have the opportunity to present your case first in court. This can give you an advantage in terms of setting the tone and presenting your arguments before the judge hears your spouse's side of the story.
Potential disadvantages
While there may be some benefits to filing for divorce first, there can also be potential downsides. For example, if your spouse is caught off-guard by the filing, it may lead to increased hostility during the divorce process, making negotiations more difficult.
Equal treatment under the law
Ultimately, Pennsylvania divorce law treats both spouses equally, regardless of who files first. The court's primary concern is ensuring a fair and equitable distribution of marital assets and addressing any relevant issues such as child custody and support. The judge will consider each spouse's arguments and evidence without bias toward the plaintiff or defendant.
While there may be some strategic advantages to filing for divorce first in Pennsylvania, the decision to file first should be based on individual circumstances and whether the potential benefits outweigh the risks. The most important factor in any divorce is ensuring a fair resolution that meets the needs of both parties and any children involved.]]>0On Behalf of The Law Offices of Campana, Hoffa & Morrone, P.C.https://www.campanalaw.com/?p=501582023-02-22T14:08:58Z2023-02-22T14:08:58ZWhat are the grounds for a fault divorce?
Pennsylvania law outlines several grounds that allow you to file for a fault divorce. These legal reasons include:
Adultery or bigamy
Abuse or endangerment
Desertion for a year or more
Imprisonment for two or more years
Indignities that make life burdensome
How does fault affect the divorce process in Pennsylvania?
You can file for a no-fault divorce, even if your spouse is to blame for your separation. The asset division process is typically the same, regardless of marital misconduct, and the process is typically shorter, easier and less expensive. However, there are some scenarios in which filing a fault divorce action might benefit you. For example, the court may consider fault when deciding on certain crucial matters, such as spousal support and child custody arrangements. Additionally, a fault divorce may be more appropriate when domestic violence is a factor, as there are no waiting periods like those associated with a no-fault divorce.
There are pros and cons to each type of divorce. Experienced counsel can help you decide which route makes sense for your situation.]]>0On Behalf of The Law Offices of Campana, Hoffa & Morrone, P.C.https://www.campanalaw.com/?p=501542022-12-15T18:02:34Z2022-12-15T18:02:34ZYour posts can serve as evidence against you
The American Sociological Association explains that social media constantly presents new possibilities in the field of criminal evidence. The prosecution can scour any photos you share or are tagged in for signs of evidence. The timing and wording of your posts might also contradict your alibis or serve as an accidental confession.
Your friends might implicate you
Posts made by your friends, followers or individuals in your extended social circle can also act against you. Someone might talk about your location on the night of a crime or unknowingly implicate you in a criminal conspiracy. You cannot control what others post, but being present on social media can invite others to interact with you during a time when less is more.
Social media is an integral part of everyday life for so many people. It can take effort to break the habit of logging onto your account throughout the day, but doing so can help ensure the best possible outcome during a criminal defense case.]]>0On Behalf of The Law Offices of Campana, Hoffa & Morrone, P.C.https://www.campanalaw.com/?p=501502022-10-25T14:06:11Z2022-10-25T14:06:11ZUS Department of Justice, young adults between 18 and 24 accounted for 19% of all arrests in 2020.
Most people make their worst mistakes when they are younger. If you have a college student, it is essential to understand the long-term consequences of a criminal record.
Consequences for college students
Students with an arrest record are far less likely to graduate college. Additionally, employment opportunities become severely limited by criminal records. The Society for Human Resource Management claims that the average income for people with felony convictions is $7,000 less than those without a history. Many of the crimes that college students commit fall under the category of third-, second- and first-degree felonies. Pennsylvania considers possession with intent to sell and sex crimes to be felonies.
Fighting the charges and expungement
Your first line of defense should be to fight the charges. If you have a child who faces a misdemeanor or felony charge, you need an experienced attorney who knows the Pennsylvania justice system. Expungement may be an option if your student already has a criminal conviction. Even if the court drops the charges, a record still exists. You may be able to remove non-conviction data, helping your child with future education and employment opportunities.
Young adults do not always live up to their expectations. However, a mistake made in college should not prevent their ability to succeed for the rest of their lives. Look at your options, and fight the charges with full force.]]>0On Behalf of The Law Offices of Campana, Hoffa & Morrone, P.C.https://www.campanalaw.com/?p=500772022-10-13T07:12:39Z2022-08-22T13:22:14ZThe U.S. Constitution guards against unreasonable searches and seizures
The Fourth Amendment protects citizens from unreasonable searches and seizures by police officers and other government officers. To search your personal belongings, as well as your home or vehicle, the police will need to obtain a search warrant in most cases. If an officer asks or attempts to search your bag, you can ask if they have a warrant and decline access if they do not.
If you authorize police to search your belongings, there is no need for a search warrant because you have waived the need for one.
If authorities have reliable information to suggest that you may be in possession of something illegal, they can search your belongings on the grounds of probable cause.
Police also do not need a search warrant if the criminal evidence they are looking for is in plain sight. For example, if the police stop you while walking on a city sidewalk and a controlled substance falls out of your purse or backpack during the encounter, they have the right to search your bag because the potential evidence was visible to them.
Lastly, if police suspect that criminal activity may be underway, an officer may stop you and reasonably inquire about the situation, which may include a search.
Are the findings admissible in court?
If authorities gained evidence without a warrant in any of the above legal situations, they can likely still use it to convict you of a crime. However, if a search of your belongings was illegal, anything that police found in your possession is typically not admissible in court.
It is important to know what constitutes a legal search of belongings to help you mount a defense against drug charges when you believe police may have violated your rights.]]>0On Behalf of The Law Offices of Campana, Hoffa & Morrone, P.C.https://www.campanalaw.com/?p=500732022-10-13T07:12:46Z2022-06-27T20:09:15ZDUI charge in Pennsylvania, here are some important things that you should know.
Greater penalties
If you are a commercial driver, you may face longer jail sentences and costlier fines than Class A and B drivers with DUI convictions. A first offense will typically result in an automatic year-long suspension of a commercial driver's license. A second offense can also result in a year-long suspension, but jail sentencing and fines increase. Two or more serious violations may be grounds to permanently revoke a CDL license.
Lower thresholds
The state’s legal limit for blood alcohol content is .08% for most drivers, but that limit falls to .04% when you are operating a commercial vehicle. A BAC of 0.08% or greater while driving a commercial vehicle represents a higher level of intoxication and a greater degree of the offense.
Limited remedial options
Regular drivers with a DUI may be able to take advantage of state programs to reduce a license suspension. CDL drivers such as yourself cannot avail themselves of this remedy because the minimum length for a suspension is mandatory.
A DUI could prevent you from driving and working, so the financial harm from a conviction could be extensive. It is important that you identify the best legal strategies applicable to your situation to defend yourself in court.]]>0On Behalf of The Law Offices of Campana, Hoffa & Morrone, P.C.https://www.campanalaw.com/?p=500692022-10-13T07:12:50Z2022-04-01T16:14:49ZPossible financial repercussions
In Pennsylvania, equitable distribution of assets during a divorce is standard, and equitable division does not always mean splitting evenly both ways. Even if the small business belongs to one spouse, the other spouse may have a valid claim. In a contested divorce, the court makes a final decision regarding what is or is not considered marital property.
Disbanding the company
Under more unusual circumstances, divorce may result in the dissolution of the business. Possible scenarios where this could happen include:
Spouses are equal partners, but one does not have the cash on hand to buy out the other.
Spouses amicably decide to dissolve the business.
A series of negative events, such as unmanageable disruptions to daily operations, leads to an inevitable dissolution of the business.
Marriages with a prenuptial agreement sometimes address how to handle issues before disbanding the company.
Adjusting daily operations
If one spouse plays an active role in the daily operations of the business but decides to quit in response to the divorce, the remaining spouse and employees face the repercussions. Everyone must cover the excess work until a more permanent solution comes along.
Even in a contested divorce, most couples can come to an agreement before taking any extreme measures that may disrupt business as usual.]]>0On Behalf of The Law Offices of Campana, Hoffa & Morrone, P.C.https://www.campanalaw.com/?p=500352022-10-13T07:12:55Z2022-02-14T19:28:36Zdivorce in Pennsylvania falls into a trio of categories. Their definitions hinge on the status of the process.
What are the three types of alimony in Pennsylvania?
Spousal support is financial aid before divorce reaches finalization but after separation. Courts examine circumstances surrounding a terminating union to determine the amount of payment.
If a divorce is currently pending, a spouse may receive what the law calls alimony pendente light. This supports the current level of lifestyle while the divorce process unfolds. For approval to happen, one of the parties must file a petition that justifies a court granting it.
Alimony refers to the financial support a judge sets once a divorce becomes final. To arrive at this figure and how long it lasts, courts examine 17 factors in every relationship. Examples of these factors include spousal earnings, length of the marriage, and relative needs. Such thoroughness helps assure courtrooms deliver the fairest rulings possible.
When is alimony mandatory in Pennsylvania?
No laws state that any classification of alimony in Pennsylvania is automatic. The determination of how much money one partner gets comes down to a judge. Courtroom marriage assessments vary widely depending on the presentation of facts. Professionals with divorce court knowledge deliver strong cases favoring their clients.
Alimony is never a rule for divorcing couples that live in Pennsylvania. That said, alimony of all styles is common with divorce everywhere. Seek counsel that can fight for you in this arena.]]>0On Behalf of The Law Offices of Campana, Hoffa & Morrone, P.C.https://www.campanalaw.com/?p=500272022-10-13T07:12:59Z2021-12-15T17:23:45Zmoney or assets you provide in exchange for your release from custody. As a condition of bail and release, you also need to give your word that you'll appear at all future court hearings.
For serious drug- and money-related crimes, judges might hold Nebbia hearings. Named for a 1966 federal appeals court ruling, this type of hearing requires you to prove that your bail money comes from legitimate sources. That is, you must provide evidence which shows that the funds used to post bail did not come from unlawful activities.
Disclosing the source of funds
Your first consideration is coming up with your bail. To improve your chances of having a successful Nebbia hearing, it is critical to obtain the funds from a legitimate, legal source. If you intend to borrow money, get it from a bank or from someone who has not committed a criminal offense. On the other hand, if the bail is your own, you must collect evidence to show that you obtained it lawfully.
Can you prove legitimacy?
Federal prosecutors tend to view defendants through "dirt-colored" glasses, so you should expect them to try to keep you behind bars. When you gather evidence to prove legitimacy of your bail funds, you must make sure it does not link bail funds to your criminal charges and that it does not implicate you in crimes for which prosecutors have not charged you.
The following items may be helpful:
Credible witnesses who know about the source of your bail money
Bank, tax, accountancy and other financial records
Loan documents
Contracts with bail or bond providers
Ultimately, if you and your criminal defense attorney can convince the judge you obtained bail money from a legitimate source, you are likely to have a positive Nebbia hearing.]]>0On Behalf of The Law Offices of Campana, Hoffa & Morrone, P.C.https://www.campanalaw.com/?p=500182022-10-13T07:13:05Z2021-10-01T14:37:08ZWhat makes for a valid sobriety checkpoint?
In Pennsylvania, police officers can stop drivers when they have reasonable suspicion that the driver may be under the influence, including when stopped at a DUI or sobriety checkpoint. The location of the sobriety stop is crucial to ensuring the police are acting within the law. The roadway should have a history of DUI stops or accidents at that spot and time. The police department should provide advance warning of the checkpoint through social media or the local news. Sobriety checkpoints are especially common over holidays or holiday weekends throughout the year.
What do you have to do at a checkpoint?
A typical stop at a checkpoint is fast. During this brief time, you may have to give your name and your whereabouts. The police use this interaction to assess your breath and body language for signs of intoxication. Under the implied consent law, when an officer asks for your identification, you should proffer it.
What can you decline to do at a checkpoint?
The police should respect your rights. You have the right to protect yourself from making incriminating statements at a checkpoint and during any other interaction with law enforcement. If you do not want to interact with the police, you may politely tell them you assert your rights under the law and not answer questions or submit to testing. If they insist that you take a sobriety test, you may decline and ask for your attorney.
Your rights should remain preserved at a sobriety checkpoint. If you find yourself in a bad spot, remaining silent may prove a viable option.]]>0