Lidia Frequently Asked Questions
Does an ARD form need to be submitted by a lawyer or can the defendent submit the forms himself? I live in PA.
Lidia’s answer: Depending on the county and the judge you may or may not represent yourself. But most likely, you will be able to continue representing yourself
Lidia’s answer: Depending on the county,k you have to qualify financially
Lidia’s answer: Spousal support is paid pending the divorce and there is a formula to calculate spousal support: http://mediationaccord.com/Resources.html, while alimony is paid after the divorce is finalized and is based on totality of circumstances
I am being harassed by email and by a salesman calling my friends neighbors and my children’s school demanding payment.
Lidia’s answer: In addiction to what my colleagues said, you may also have a claim under PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 73 P.S. § 201-1 – 201-9.3 that provides for triple damages and attorney’s fees
I was cited for public drunkenness, I am going to fight this charge. It is only at the dj level. Could I fight this myself?
Lidia’s answer: To add to what my colleague was saying, summary offenses are expungeable but only 5 years after the date of conviction
Lidia’s answer: If you haven’t turned you license in yet, the sooner you do it, the sooner you will start receiving credit for your suspension. You can never drive past the date that appear on the letter from PennDOt
If I’m on ARD and got cited with other charges do I lose ARD with the citation or do I not lose it until after the hearing?
Lidia’s answer: There will be a hearing first
Lidia’s answer: If you complied with all the conditions of your sentence and restored your license in your home state, you should be getting your PA license
Lidia’s answer: What are the damages you are suing for?
Lidia’s answer: It is always advisable to have a written agreement/Stipulation in place and file it with the court instead of trying the uncertainty of the court system. Such Agreements or Stipulations, once filed with the Court, become court orders and if violated are subject to contempt procedures. the way it stands now, unless there is a prior court order, both of you can have access to the child and you have little control over it. With an Agreement in place, if he wants to change it, he will have to prove to the court that such a change is best for the child
Lidia’s answer: It is unclear who “they” are but if you income changes, it is up to you to file with the court for modification of support. It does not change automatically or retroactively.
I successfully completed PTI in NJ and the charge against me was dismissed. Now in civil suit and unsure how to answer questions
Lidia’s answer: So far, PTI is a plea bargain and it is not considered a guilty plea. You are answering interrogatories subject to penalties for false un-sworn statements, and the details of the answers depend on the question. It is never a good idea to handle matters pro-se.
Lidia’s answer: Yes
Lidia’s answer: Title 18 § 3122.1. Statutory sexual assault.
(a) Felony of the second degree.–Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant to whom the person is not married who is under the age of 16 years and that person is either:
(1) four years older but less than eight years older than the complainant
SO the question is, were you more than 4 years apart or less?
Lidia’s answer: Yes, charges can be added but the Commonwealth must follow a specific procedure. You need to consult an attorney.