Law Office of Stephen W. Grosh Criminal Defense Attorney | Divorce Lawyer | Lancaster, PA2024-03-06T03:42:03Zhttps://www.stephengroshlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1502339/2021/06/cropped-Favicon-min-32x32.pngOn Behalf of Law Office of Stephen W. Groshhttps://www.stephengroshlaw.com/?p=511752024-02-29T03:42:51Z2024-03-06T03:42:03ZPlanning for Medicaid
One way to protect your estate, though, is to engage in Medicaid planning. Here, you lower your assets and your income so that you meet eligibility requirements for the federal program. That way your care needs will be covered by Medicaid, thereby protecting your assets more fully. Here are some ways that you may be able to reach eligibility:
Spend down: You might be able to spend some of your assets on qualifying items in order to reduce your assets to a level that allows you to qualify for Medicaid. There are some restrictions here, though, so make sure that you understand them before moving forward with this plan.
Gifting assets: You’re allowed to give away about $16,000 per year to an individual, which is a quick way to pass down wealth, reduce your assets, and enjoy watching your loved ones enjoy the money that you’ve given them.
Medicaid asset protect trust:This type of trust allows you set aside some wealth so that it isn’t counted for Medicaid eligibility purposes. This will allow you to eventually pass those assets down to your loved ones while still qualifying for Medicaid.
Create the sound estate plan that’s right for you
There’s a lot at stake when you’re dealing with long-term care. After all, an ineffective estate plan can cost you tens of thousands of dollars in otherwise avoidable expenses. That’s why if you hope to protect your assets and your loved ones as much as possible, then you may want to discuss estate planning with an experienced attorney.
]]>On Behalf of Law Office of Stephen W. Groshhttps://www.stephengroshlaw.com/?p=511742024-02-21T16:16:03Z2024-02-26T16:13:57ZPennsylvania’s open container law.
Important points regarding Pennsylvania’s open container law
Although the open container law might seem straightforward on its face, there are some key aspects of it that you’ll want to pay attention to. First, the open container law applies regardless of whether your car is in motion. Therefore, you might be arrested and charged with violating the open container law even if you’re simply sitting in your car having a drink.
Second, Pennsylvania’s open container law applies regardless of whether you’re actually drinking the alcoholic beverage in question. Merely having an open container with alcohol is enough for charges to brought against you.
Third, the open container law applies to everyone within the vehicle. A lot of people make the mistake of thinking that they can have an open container because they aren’t driving or aren’t behind the wheel. That simply isn’t the case. Anyone in the car can be charged with violating the open container law.
There are some exceptions to the law. For example, if you’re riding in a bus, limo, RV, or taxi, then you can legally possess an open container as long as you are in the back of the vehicle or in the living quarters.
What is an ‘open’ container?
Before you can be charged with a violation of the open container law, the police have to show that the container in question was actually open. To successfully prove this, the police can show any of the following:
The container in question has a broken seal.
The container has been previously opened.
Contents are missing from the container.
The container is missing a cap.
As you can see, it’s easy for the police to demonstrate that a container is open. This can pose significant problems, especially considering that you could be charged with a criminal offense for simply driving home from dinner with a recorked wine bottle if the police determine that it has been improperly resealed.
Implications of a violation of the open container law
The penalties associated with a violation of the open container law depend on your set of circumstances. For example, if you’re charged with an open container violation in conjunction with drunk driving, then the penalties are going to be more severe.
Generally, a straight violation of the open container law is punishable by up to 90 days in jail and a fine of several hundred dollars. If you’re a commercial driver who is found to have violated this law, then you could end up losing your commercial license.]]>On Behalf of Law Office of Stephen W. Groshhttps://www.stephengroshlaw.com/?p=511732024-02-20T19:25:51Z2024-02-20T19:25:51Zrecent arrest in Akron Borough demonstrates how these additional charges may quickly pile up.
The incident
According to news reports, a police officer was making a routine patrol in Akron Borough when he noticed what appeared to be impaired driving when a Chevrolet Equinox veered into the opposite driving lane after making a turn. The officer also noticed that the vehicle had expired state inspection and emission stickers and was exceeding the local posted speed limit.
The officer pulled the car over and noticed that the driver showed clear signs of impairment. An open alcoholic beverage container was conspicuously visible inside the vehicle. The driver struggled when asked to provide his driver’s license and personal identification. When the man’s driver’s license number was received at headquarters, the officer on duty discovered that the driver’s license had been suspended due to a previous DUI and that he was subject to an active bench warrant issued by the Lancaster County Sheriff’s Office.
The driver’s situation grew worse when he admitted to the traffic officer that he had consumed vodka from the open container. He was immediately placed under arrest and transported to the West Earl Police for processing; after processing was completed, the man was handed over to the Lancaster County Sheriff’s Office due to the outstanding warrant.
After processing was complete, the defendant was charged with various DUI offenses, driving with a DUI-suspended-license, operating a vehicle without a valid inspection, expired emission inspection, and operating a vehicle with an open alcoholic beverage container.
Presumption of innocence
While the evidence in this case appears to be especially persuasive, the defendant is nevertheless presumed to be innocent unless and until he is proven guilty beyond a reasonable doubt.
With a well-crafted criminal defense strategy, a defendant may be able to successfully challenge the admission of the evidence of other crimes beyond the DUI or otherwise soften the criminal penalties with a favorable plea agreement.]]>On Behalf of Law Office of Stephen W. Groshhttps://www.stephengroshlaw.com/?p=511722024-02-16T22:26:20Z2024-02-15T22:24:43Zmight be asked to submit a proposal as to the parenting plan protocol.
Even after the custody determination has been made, it is wise to keep certain factors in mind with the parenting plan. That includes scheduling, discussing matters regarding the child’s upbringing, and putting lingering differences aside of the good of the child. In these cases, it is important that the parents know their rights.
What should be in a proposed parenting plan?
Even if a parent does not have custody of a child, they will still share in the decision-making process. Both parents can have a say in the child’s life. That includes every area from education to healthcare to religion and extracurricular activities.
Parents will not necessarily agree on every issue, but they need to make sure they are working together for the child’s interests and future. If one parent wants the child to receive a specific type of education and the other wants a different type of education, this needs to be discussed and settled. Regarding health concerns, the parents have a right to know what the other parent is doing and what kind of care is provided.
There could be disputes over even the simplest issues such as transporting the child from one parent to the other. This should be added to the proposed parenting plan. When there are disputes as to when each parent will have the child, it is imperative that they know how to try and reach a consensus and resolve issues without negatively impacting the child.
There are a seemingly endless number of ways to schedule parenting time. Parents’ work schedules, the distance they live apart and the child’s needs all play a role. If the parents have a schedule where the custodial parent has the child during the week and the noncustodial parent has time with the child on weekends, this does not eliminate all obstacles. Holidays and extended time off from school could cause acrimony.
Long weekends, summer vacations, extended school holidays – all will give opportunities for the non-custodial parent to have extended time with the child. The custodial parent could have preferences and plans of their own making it complicated for the sides to come to an agreement.
Parenting plans are vital to the child’s development
Ideally, the parents will work together and focus on the child’s needs. Unfortunately, not every case is that simple. Whether it is a difficult case where the parents have trouble agreeing or they have a cordial relationship, knowing how to craft an effective parenting plan is crucial. No matter the situation, they should also understand family law and what can be done to facilitate an agreement they can accept while protecting and nurturing the child.]]>On Behalf of Law Office of Stephen W. Groshhttps://www.stephengroshlaw.com/?p=511712024-02-09T16:52:14Z2024-02-07T16:44:20ZPardon
Before you file an application for a pardon, you must ensure you are eligible. Usually, this means that you have completed your sentence including any probation or parole requirements. Then, you can file the application with detailed information about your criminal history and background. You may be required to attach supporting documentation, such as employment details and references.
The Board of Pardons will review your case and may schedule a hearing where you can present your case. Then, the Board will make a recommendation to the governor. If the governor grants your request, you will receive a certificate and you may have certain rights restored, like serving on a jury.
Expungement
If you get an expungement, your criminal record will no longer be accessible to the public. It’s important to understand that not all crimes are eligible for expungement.
To request expungement, you will need to file a petition with the court with information about the charges. The court may hold a hearing where you can present your case.
If the court approves the request, it will issue a court order to expunge the records. You may need to send copies of the court order to relevant agencies, such as law enforcement.]]>On Behalf of Law Office of Stephen W. Groshhttps://www.stephengroshlaw.com/?p=511702024-01-23T17:08:34Z2024-01-23T17:08:34ZReasons you might need a new executor
But life is unpredictable and you may find yourself in a situation where you need to select a different executor. This could be out of necessity, such as if your chosen executor passes away before you do, or because of your own personal wishes.
Divorce is a common situation that could result in wanting a new executor. Many people choose their spouse as an executor, but for obvious reasons, no longer want that person in the role after a divorce.
You can change the executor of your will, but you must do it properly. You can change the terms of your will, including your executor, through a codicil.
A codicil
A codicil is a written modification to your will. After you select who you would like to be your new executor, you can draft your codicil.
Your codicil must name your new executor and include the date their appointment starts. You must treat the codicil the same as your will, which means following all requirements to validate it as you did with your will.
A codicil is generally placed with your original will so both are in the same place. Both your will and codicil should be kept in a secure place.
Writing a new will
Another option is to simply write a new will. This is usually a better option if you want to change other terms of your will in addition to your executor.
Changing your executor is not a decision that should be taken lightly. Your executor is a vital part of your estate plan.]]>On Behalf of Law Office of Stephen W. Groshhttps://www.stephengroshlaw.com/?p=511692024-01-10T21:22:39Z2024-01-10T21:22:39Zcustody process begins when one parent files a custody petition.
After the other parent is served with the petition, a conciliator is appointed. The best way to describe a conciliator is a mix between a mediator and a judge.
You will attend a conciliation meeting between you, your co-parent and the conciliator. Your attorneys may be present, as well.
A conciliator offers guidance and advice, but can enter a custody order
At the meeting, the conciliator acts like a mediator in that they listen to you and your co-parent’s positions on custody and suggest potential solutions.
A conciliator does not take one parent’s side over the other. However, if you and your co-parent cannot agree even after hearing the conciliator’s suggestions, the conciliator has the power to enter a temporary custody order.
This order goes into effect that day. Although the terms are temporary, they generally provide both parents with a good idea of how a judge would rule.
Next steps after conciliation
The next step after conciliation is mediation, which gives you another chance to come to your own custody agreement. If mediation is unsuccessful, you will have a custody trial.
At any point in the process, even up until the day of your custody trial, you and your co-parent have the option to come to your own agreement on custody. If you do, your agreement can be written, signed and filed with the court and become an order.
However, your agreement will still need to be approved by a judge who will determine if it is fair and in the best interest of your child. Most agreements are approved unless there are terms that appear extremely unfavorable to one parent.]]>On Behalf of Law Office of Stephen W. Groshhttps://www.stephengroshlaw.com/?p=511672023-12-28T13:05:02Z2023-12-28T13:05:02Za pre-nuptial agreement is extremely important during a second or subsequent marriage, especially if you have children. Here’s why.
You have more at stake now
Many first marriages occur when people are young and have not yet accumulated a lot of assets. This means that you do not generally have to worry about what happens to your property if you divorce.
Additionally, most people do not already have children when they get married for the first time.
However, many people are in their 30’s or 40’s when they remarry and have had time to establish themselves in careers, accumulate significant assets and have children. This means there is quite a bit more at risk of losing during a divorce.
These are important reasons why a pre-nuptial agreement is a good idea for a remarriage. A pre-nuptial agreement allows you to set the terms for how your property will be divided if you divorce and define each spouse’s rights in the marriage.
Advantages of a pre-nuptial agreement
Although you may feel like a pre-nuptial agreement is unnecessary or a bad choice, there are many benefits to having one. It could even strengthen your new marriage by relieving both you and your spouse of the stress of worrying about what will happen to property or finances if you divorce.
Your pre-nuptial agreement should be customized to reflect any unique circumstances of your situation. You might have child support obligations or other financial commitments to a former spouse that can be addressed in a pre-nuptial agreement.
A pre-nuptial agreement also protects property and assets that you want to keep. For example, you might be living in a home that was your former marital residence.
Your pre-nuptial agreement can outline the plan for what happens to that home. You and your new spouse might agree that it be classified as your separate property rather than marital property.
Remarriage often includes children on both sides of the marriage. A pre-nuptial agreement can serve as a valuable tool to protect them if your marriage ends. Perhaps you want your former marital residence to go to them if you divorce.
A pre-nuptial agreement can address death or incapacity
Finally, since remarriage by nature usually happens when you are older, the possibility of your marriage ending in death becomes more realistic. A pre-nuptial agreement can outline what you would like to happen to certain assets if you pass away or become incapacitated.
However, a pre-nuptial agreement should not be a substitution for a will. A pre-nuptial agreement can generally only address certain issues surrounding death or incapacitation.
Having already been through a divorce, you likely already know how stressful, costly and time-consuming the process can be. This is even more reason to establish a pre-nuptial agreement for your remarriage.
]]>On Behalf of Law Office of Stephen W. Groshhttps://www.stephengroshlaw.com/?p=511682023-12-29T08:44:27Z2023-12-27T08:43:39ZHow can you protect yourself and your child in a co-parenting relationship?
The good news is that you can take control of your co-parenting relationship to a certain extent. You can do so by implementing following:
Careful communications so that you don’t say something that can be taken out of context and used against you.
Avoidance of using your child as a messenger, as your kid could end up feeling trapped in the middle of excessive conflict when they’re forced to take sides or play telephone.
Renewed focus on the child’s best interests instead of attacking or getting back at the other parent.
The use of an app that assists in scheduling and communicating while reducing the amount of direct contact that you have to have with the other parent.
A self-care strategy that makes it easier for you to release your emotions without lashing out at the other parent or your child.
Consider legal action if your co-parenting relationship doesn’t improve
These are just a few of the many ideas that you can implement to try to protect yourself and your children in a tense co-parenting relationship. But if your co-parenting relationship continues to deteriorate to the point that it negatively impacts your child, then you might need to think about taking legal action in the form of a custody modification.
To learn more about what that might entail, you may want to research the law and your options for support.
]]>On Behalf of Law Office of Stephen W. Groshhttps://www.stephengroshlaw.com/?p=511652023-12-14T08:27:51Z2023-12-14T08:27:51Zcriminal defense strategies out there that might help you reduce the penalties that you’re facing or beat the charges altogether.
You should definitely talk to your attorney about those options, but in the meantime, you also need to find a way to cope with the stress associated with your charges. But how do you go about doing that?
Methods for easing your stress when criminal charges are pending
It may not feel like you’ll be able to get your stress under control, but there are relief strategies that might prove effective for you. Here are some of them:
Take your case one step at a time: There are multiple steps to a criminal case, and it’s going to take some time for them all to play out. Thinking about them altogether can quickly become overwhelming, which is why you might find it helpful to compartmentalize the process. Taking the process one step at a time will help you focus and make it easier to get through it all.
Consider seeing a mental health professional: A therapist might be able to help you identify coping strategies to deal with your emotions, and there’s nothing wrong with seeking out the mental health treatment that you need. Just keep in mind that you might not be able to keep everything you say to your therapist confidential, so you should be careful with what you say to them.
Build a criminal defense: This sounds obvious, but the earlier you can prepare your case the more comfortable you might be moving forward since you’ll know what your defense team intends to argue. So, instead of sitting and stewing about your case, get focused on building the aggressive criminal defense that you need.
Have a contingency plan: Your fears about the future aren’t without merit. You can gain control over that outcome to a certain extent, though, by developing a plan of what can and should happen if you end up convicted. You should discuss this plan with your loved ones so that they know what to expect if the prosecution succeeds.
Realize that this will pass: In your time of darkness, it can feel like you’re never going to escape the shadow of your criminal case. But you can and will get through this. And even if you end up convicted, there will a come a time when you’ve paid your debt to society and can find a new path in life.
Take care of yourself: Another way to alleviate your stress is to take care of your physical health. You should try to get plenty of rest, eat a balanced diet, avoid drug and alcohol abuse, and refrain from other risky behaviors.
Find comfort in a strong criminal defense
Don’t let the stress of your criminal charges overwhelm you. Instead, use it as motivation to build the aggressive criminal defense you need to effectively fight back against the prosecution’s claims. This will require knowing your criminal defense options, of course, and how to use the law to your advantage, but that’s something that your attorney can help you navigate.
So, as you ready to enter the criminal defense arena, take care of yourself and find the best way possible to protect your interests and your future.
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