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Birchfield and Blood Draws – New Developments in DUI law

April 25, 2023November 21, 2016

The United States Supreme Court’s recent decision in Birchfield v. North Dakota deemed warrantless blood draws in driving under the influence arrests unconstitutional. This has far-reaching consequences in Pennsylvania, a so-called “implied consent” state, in which a motorist is deemed to have consented to a test of his blood or breath in the event of a suspected DUI.

Prior to the Supreme Court’s Birchfield decision, anyone stopped for a suspected DUI who refused a blood draw would potentially be subject to increased criminal penalties as if he or she had registered a blood alcohol level of .16% or higher, the highest tier for DUI sentencing purposes. Warnings given to motorists made this clear in advising of their “right” to refusal. In sentencing terms, refusals for a first offense called for a mandatory 72 hours incarceration and a mandatory minimum fine of $1,000. Both minimum and maximum penalties increased dramatically for second and subsequent offenses.

Help for Potential Guardians of Minor Children

August 12, 2021July 8, 2016

For parents, a key component of estate planning is often selecting potential guardians for minor children should something tragic happen to one or both parents. These considerations can be double-sided emotionally and difficult to face. On the one hand, who would ever take care of your children just like you would? Facing such a decision also brings to light many fears and concerns. On the other hand, making the decision can be freeing in a way, because you know your children will be cared for if something happens.

Our firm understands the struggle that parents might face when dealing with such a decision, and we also understand the concerns that a potential guardian faces if the actual appointed time comes to pass. Many people agree to be named as legal guardians without ever really thinking the situation will occur where they will have to take charge of the children. That doesn’t mean they don’t love the kids or want this responsibility, but when the time comes, a guardian can be suddenly overwhelmed with the reality of the responsibility.

Seek Assistance When Challenging a Will

August 12, 2021June 10, 2016

Last week, we talked about what you might do if a loved one dies without a will and how various factors could impact your actions. What if your loved one did leave a will, but you don’t think that will is valid? In such cases, you might have to legally contest the will in probate. … Read more

Textalyzers: New Technology May Raise Privacy Concerns

April 25, 2023May 27, 2016

It’s no secret these days that smartphones play a major role in our lives. Look around you at any restaurant, grocery store, or simply walking down the street and you’ll likely see dozens of people, heads down, intent on their screens. Increasingly, states are passing laws to make sure that this same scene isn’t repeated … Read more

What do You do if Your Loved One Died Without a Will?

August 12, 2021May 24, 2016

If you believe you are a legal heir to someone’s estate, but that person has died without estate planning documents such as a will, you might not know what steps to take to claim your inheritance. The requirements for receiving assets or money that are left to you in such an estate depend on the laws of the state, whether there are other potential heirs and whether any assets are linked to beneficiary designations.

When someone dies without leaving a will or other estate documents, then the person is considered to have died intestate. Basically, that’s just a term for “without a will,” and intestacy estates are probated under the general laws of the state in question. Intestacy laws usually ensure that primary heirs, such as surviving spouses or children of the deceased, receive an inheritance under the estate. Depending on the situation, other family members such as step-children, grandchildren and siblings might also inherit something from an intestate process — especially if no other closer heirs are found.

What is a Fiduciary Relationship?

August 12, 2021May 12, 2016

A fiduciary relationship exists when one person in a relationship has a legal obligation associated with the management of another person’s assets or money. An accountant, for example, has a fiduciary responsibility to his or her clients. The law expects that an accountant will not purposely make poor decisions regarding a client’s assets and will … Read more

Are Your Estate Plans Good for Your Family?

August 12, 2021April 29, 2016

May 15 is listed as International Day of Families, so we think there’s no better time than this month to talk about how your estate plans — or lack thereof — can impact your loved ones. This May is a great time to ask yourself if your estate plans are good for your family, and … Read more

Understanding Irrevocable and Revocable Trusts

August 12, 2021April 15, 2016

Revocable and irrevocable trusts are two type of legal estate vehicles that are often used to protect, manage and pass on assets. The reasons you might use a trust include protecting assets against creditors or ensuring your wishes are maintained with regard to use of assets even when you are no longer able to make … Read more

When Will Validity is Questionable

August 12, 2021April 1, 2016

A will is an important document. In most cases, someone probably took a lot of time to think about his or her future and the future of those he or she loves. A will is the document that records the results of those thoughts. It is what communicates someone’s last wishes regarding themselves, their assets and other issues important to each person. But what happens if you don’t think a will is valid?

There are several reasons someone might contest a will. First, if you think that the will that is being presented could be fraudulent, you’ll want to contest it. You’ll especially want to contest such a will if you have a will or copy of a will that you believe is actually the document your loved one prepared.

A Revised Estate Plan is Essential When You Remarry

August 12, 2021March 18, 2016

If you are divorced and you remarry, it’s essential to update your estate plan. If you don’t have one, this is the time to take care of it.

When people don’t have an estate plan, their loved ones can end up bearing unnecessary legal fees, not to mention dealing with conflict among family members. When there are ex-spouses, newer spouses and children involved, those conflicts can get very nasty. You can minimize this turmoil by detailing your wishes in estate planning documents.

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