Justin C. Gearty Jr.’s Answers

Justin C. Gearty Jr.

Lancaster Child Custody Lawyer.

Contributor Level 13
  1. Daughter in car accident ,i made settlement with their company . can i sue my company for personal injury under full tort

    Answered over 2 years ago.

    1. Christian K. Lassen II
    2. Robert Louis Gardana
    3. Linda M. Shick
    4. David Mark Landay
    5. Justin C. Gearty Jr.
    6. ···
    9 lawyer answers

    As the previous posts mentioned, you may be able to collect against your policy. However, more information would be need to provide an exact answer. Many attorneys offer free consultations for these matters. I would suggest that you review the specifics with an attorney.

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. I was arrested for DUI while driving school bus charged with 15 felonies how do I get off record as I was falsely arrested?

    Answered over 3 years ago.

    1. Justin C. Gearty Jr.
    2. Adam D. Zucker
    2 lawyer answers

    Since the charges were dismissed, you would qualify for an expungement. You would file a petition for expungement with the court of common pleas of your county. Justin C Gearty Jr 717-490-6325 justin.gearty@gmail.com http://www.geartylawoffices.com DISCLAIMER: This post is for educational purposes only and does not create an attorney-client relationship.

    6 lawyers agreed with this answer

  3. Police found 45 bags of heroin during a PO search, PWID but there's no sales, so can that be dropped to possesion?.

    Answered over 1 year ago.

    1. Brian M. Fishman
    2. Justin C. Gearty Jr.
    3. William A. Jones Jr.
    4. Robert C. Keller
    4 lawyer answers

    Yes, that is possible. For the prosecution to prove possession with intent, they will need to prove that the defendant intended to sell the drugs instead of merely possess them. The State will likely produce an "expert" that will testify that a person typicall doesn't possess that amount of drugs unless they intend to sale. However, your attorney will have a chance to challenge that theory and call your own expert to show that addicts can and do carry that amount of heroin. It the amount of...

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  4. Not married. Mom in Drug Court Program. Dad killed. Paternal Grands granted custody. How can I get my daughter back?

    Answered 10 months ago.

    1. Justin C. Gearty Jr.
    2. Randi Joy Silverman
    3. Susan J. Vandegrift
    4. Kathryn L. Hilbush
    4 lawyer answers

    Is the case still pending?? if you have any drug convictions or certain other criminal convictions, then pursuant to section 5329 of the PA child custody act, the judge would be required to give the plaintiff (grandparents here) custody until a hearing is held to determine whether you are a risk of harm or not. If this isn't the case and a final order was entered, then you would need to file a petition to modify. Either way, it is critical that you retain a family law attorney right away....

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  5. Preliminary arraignment notice for welfare fraud

    Answered over 1 year ago.

    1. Justin C. Gearty Jr.
    2. Robert C. Keller
    2 lawyer answers

    As the previous post mentioned, you have already been charged with a crime. If you received a notice for a preliminary arraignment, that is where the magistrate will set bail on you. They may also schedule your preliminary hearing at that time. Generally, if you have no prior criminal record, you would have a good chance of getting unsecured bail, which means that you wouldn't have to pay anything to remain free unless you failed to appear at any court proceeding. There are several options...

    3 lawyers agreed with this answer

  6. Hello I am facing charges for welfare fraud for a over payment of $1200. They are charging with a misdemeanor 2.

    Answered over 1 year ago.

    1. Robert C. Keller
    2. Justin C. Gearty Jr.
    3. Frank Mascagni III
    3 lawyer answers

    It is highly unlikely that you would go to jail for such a charge. Although jail time is a permissible sentence for an M2, that isn't likely for someone with no priors. I have handled cases such as yours here in Lancaster County and it appears that the State at times has been over aggressive in bringing these cases. I would highly suggest that you consult with and retain an attorney to represent you in this matter as there may be several options available to you. In my opinion, the biggest...

    3 lawyers agreed with this answer

  7. Is there anything I can legally do to save my friend from losing his 4 kids?

    Answered over 2 years ago.

    1. Justin C. Gearty Jr.
    2. Wesley Michael Weymers II
    3. Christopher Barrett Fay
    3 lawyer answers

    Adultery is not a factor in determining child custody. Secondly, unless there is some sort of problem with him, ie: criminal convictions, history of abuse, drug/alcohol issues, etc., then he isn't likely to "loose his kids". Each parent is generally awarded some period of time with the children unless it is shown that the children would be in some sort of danger when in that parent's care. The question will be how much time he would be awarded. That question is impossible to answer without...

    3 lawyers agreed with this answer

  8. I have 50/50 custody. I do not pay support. My son's mother is leaving her current husband and I am afraid she will now want $

    Answered almost 3 years ago.

    1. Justin C. Gearty Jr.
    2. Levi Samuel Wolf
    2 lawyer answers

    Yes, she could take you for support. As far as whether or not she will get support or how much will depend on the facts of the case. She will not be able to get support for the past nine years. If she is granted support, it would just go back to the date of the filing of the support complaint. It is impossible to say what your odds of obtaining primary custody would be without knowing all of the facts. If you are thinking about trying to modify your custody order, I would suggest that...

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  9. Unemployment Appeals

    Answered almost 3 years ago.

    1. Justin C. Gearty Jr.
    2. Timothy D. Belt
    3. Christine C McCall
    3 lawyer answers

    When you file an unemployment claim, the UC office has to make two different determinations. First they need to determine that you meet the financial eligibility requirements and second they need to determine that you were unemployed due to no fault of your own. Both elements need satisfied for you to be able to claim benefits. Here, the UC office would have made a determination regarding your financial eligibility and determined that you were financially eligible, which then triggered them...

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  10. Is there an easy low cost way to do a coustody agreement if both parties are in agreement ?

    Answered over 3 years ago.

    1. Justin C. Gearty Jr.
    2. Paul E Knost
    2 lawyer answers

    I agree with the previous post. Your best bet is going to be to have a consult with an attorney to review all your options. If all the parties agree to the terms of custody, then your lawyer can draw a custody agreement, have it filed in court, and then it would become a part of a court order. The cost for a custody agreement varies by firm, but is certainly cheaper than custody litigation. Many firms, including mine, offer free consultations. Justin C Gearty Jr, Esquire Law Office of...

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