Frequently Asked Questions FAQs

What should I do if I have been arrested?

If you have been arrested, answer all questions about your identification like your name, address, and birth date truthfully.  While you have the right to refrain from answering self-incriminating questions, lying is never a good idea.  Giving officers a hard time during the arrest process is also not beneficial and will make things tougher on you.

Back to top

What should I do if I get a call that a loved one has been arrested?

 

Try to gather as much information as possible about the arrest and write it down, then call an experienced criminal lawyer like Mr. Will.  These questions may help:

• What are the name, birth date, and Social Security number of the arrested person?
• What has he or she been charged with?
• What law enforcement agency made the arrest?
• Where is the arrested person being held?
• Has bail been set and, if so, what is the amount?

Why should I hire a criminal defense attorney?

 

The importance of competent legal representation is so great that the Constitution guarantees every criminal defendant the right to an attorney.  A criminal attorney knows the laws and court customs relevant to your case, and can apply this knowledge to protect and maximize your legal interests.  No matter what your legal situation, a criminal lawyer will help you more than you could help yourself by going it alone.  Most judges will not even consider a plea bargain from a defendant without legal representation.

Back to top

 

Sentencing can vary depending on the location of the case, the crime, the judge, sometimes jury, and other specifics of the case.  A punishment for a particular crime may be governed by the federal sentencing guidelines, and the judge does not have a big impact on determining the punishment.  In other cases, the sentence is up to the judge's discretion. Here, the judge considers several factors when determining a punishment.  The most common punishments for a criminal conviction include —

• Jail, prison, or other detention facility sentence
• Punitive fines
• Restitution or compensation to the victim
• Probation
• Community service

Back to top

---

---

Family law

I have been divorced for a while and would like to change some of the provisions in the divorce decree. If my ex and I agree, would the changes be valid?

After your divorce, you might find it necessary or desirable to modify one or more of the stipulations in your divorce decree, property settlement, or custody and support arrangements. You must follow proper procedure if you want that modification or set of modifications to be valid. An experienced family law attorney can work with you to ensure your desired changes are valid.

Back to top

What factors does the court consider to divide marital property?

Pennsylvania courts consider the following criteria in property division:

• Length of the marriage
• Either person's prior marriage(s)
• Each person's age, health, station, income, vocational skills, employability, estates, liabilities, and needs
• Contribution by one spouse to the education, training, or increased earning power of the other spouse
• Opportunity to acquire future income and assets
• Sources of income, including medical, retirement, insurance, and other benefits
• Services rendered as a parent, wage earner, or homemaker
• Value of each person's property
• Standard of living established during the marriage
• Tax consequences of the distribution
• Custodial parent designation

Back to top

My ex is behind on alimony and child support. What recourse do I have?

You can go to the court clerk's office in the court that ordered child support and request the clerk issue a garnishment against the supporting parent's wages.  To do this, you need to know your ex's place of employment, address and Social Security number.  If your ex is at least one month behind, the court sends a garnishment to the employer and the support will be taken out of his or her paycheck.  You could also go after your ex's property, but this is a longer process and might not be as satisfying, since cars and homes are often leased and mortgaged.  Another option is to file a petition for contempt and get an order to show cause why the payments are not being made.  This puts your ex back in court.  A skilled family law attorney can review the options with you and guide you to the best solution for your needs.

Can I get an increase in my child's support order because the child is older?

It depends on state law. Some states look only at the income of the parents and the expenses of age are figured into the calculation. Other states also look to the child's needs as well as the parental income.

Back to top

What is the procedure for adoption?

In Pennsylvania, the court's primary concern is the best interests of the child. An experienced attorney familiar with the state’s adoption procedures can help ease the adoption process.

Whether a child is placed in a new home privately or an adoption agency, a petition for adoption must be filed.  The child is placed in the custody of the new parents for a period of six months to one year before the adoption becomes final.  This allows home study — the monitoring of the child's welfare in the new home through a court's authorized agency visits to the home.  At the end of the period, a court hearing reviews the parents' qualifications and if satisfactory, grants a permanent decree of adoption. In this manner, the child gains all the rights of a natural child of the adoptive parents and a new birth certificate is issued, showing the adoptive parents as the child's legal parents.

Back to top