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Michael Harris Fienman

Michael Fienman’s Answers

118 total


  • Can i sue for punitive damages in pennsylvania

    my husband was in accident and died a month later from his injuries, while he was there his family started vicious rumors that I killed him, they even posted these accusations on social media sights (facebook) and later apologized while admitting ...

    Michael’s Answer

    You may have a case that is worth pursuing but it will largely depend on what your damages are. For instance, if you lost your job or are unable to obtain employment because of the statements, you may be entitled to lost wages. Talk with a personal injury attorney; many firms offer free consultations.

    Thanks for your question and best of luck!

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  • 2nd Citation for underage drinking in 6 months.

    It was at a concert and it was liquor enforcement. They asked me what I drank and I said vodka. I had neither my license nor alcohol on me and on the citation I received it said I was over 18 with possession. Can i get out of this because they got...

    Michael’s Answer

    You will not beat the case simply because your information is wrong. The judge assigned to your case is charged with ascertaining the facts and determining whether they meet the elements of the crime.

    As mentioned by another attorney, there are some holes in your case and the Commonwealth has the burden of proving that you perpetrated the crime charged beyond a reasonable doubt. The outcome of your case will largely depend on where the alleged offence occurred and which judge is assigned to your case.

    Hire an attorney for the best possible result.

    Thanks for your question and best of luck!

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  • A single, woman living on subdivided property is being bullied and harrassed by other owner of property. he is trying to get her

    to leave her land so he can be soleowner, by eviction.can she get a harrassment restraining order?

    Michael’s Answer

    I need more information to answer your inquiry. Contact an attorney to discuss your options.

    Good luck!

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  • How do I get a D3 charge remove off of a D3/DUI charge when the d3 charge is Prozac (have script) and BAC was .088? I'm .008 ove

    The pullover was intension by cop. Long story short, cop was looking for passenger but had tow truck waiting and lic plate #. I have no record not even a speeding ticket. It's will be a yr on 10/19. Blood report showed that I have Prozac in my sys...

    Michael’s Answer

    Sounds like you should hire an attorney who will assert your defense.

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  • Does a p.a. Cop have to wait 20 minutes before giving me a breath test, and does he have to give me two consecutive breath test?

    I was pulled over prior to the cop stopping me and he asked if I was drinking and I said acouple over a long period of time and within 2 minutes he had me take a breath test. He then asked me to blow into the machine without specific instructions ...

    Michael’s Answer

    My understanding is that in PA, the arresting officer must procure the blood or breath sample for a chemical test within two hours of observing the alleged violation. This is different than New Jersey where there is a requirement that an observation period of 20 minutes must elapse before the blood or breath sample is supplied.

    Do yourself a favor and stop posting questions about your case online; hire an attorney who, like me, routinely defends DUI and other traffic related cases before the Bucks County Courts. In Pennsylvania, every county has its own nuances and it is important that you are represented by an attorney who knows how to navigate the local system.

    Thanks for your question and best of luck!

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  • Small claims affidavit

    I need to know how to get a small claims affidavit to get some money that my dad put in an Oppenheimer fund for me. He didn't leave a will but its in my name. N the affidavit is all I need.

    Michael’s Answer

    The Register of Wills should be able to help you. Contact the ROW for the county in which your father reaided.

    I am also placing your question in the Probate category. Maybe someone else will have additional advice.

    Thanks for your question and best of luck!

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  • I am being sued by a Taxi company for 30 days loss of wages in Pennsylvania.

    I am being sued by a taxi company for 30 days loss of wages in pa because of an accident which occurred several years ago and my insurance company paid for repairs to vehicle. They are stating that I was negligent and as a result they lost wages...

    Michael’s Answer

    Contact your insurance company and provide them with any paperwork you received from the court.

    Thanks for your question and best of luck!

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  • Is it false advertising if an Attorney advertises that they prepare every personal injury case as if it is going to court?

    My personal injury attorney was hired because he stared he prepares every case as if it going to court and that he is a "specialist" in my injury field (90% of his cases are supposedly in my injury field) he told me on several occasions. Now I fi...

    Michael’s Answer

    Attorneys in Pennsylvania are subject to The PA Rules of Peofessional Counduct. If you believe that an attorney mislead or lied to you, you should direct your grevience to the attorney disciplinary board. I am confident that someone there will be happy to discuss the issues raised in your post.

    Thanks for your question.

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  • I refused a Chemical Test how am I getting charged with charges below

    Grade Description M DUI: Gen Imp/Inc of Driving Safely - 1st Off M2 Resist Arrest/Other Law Enforce S Acci Dam To Unattended Veh Or Propert S Careless Driving M DUI: Controlled Substance or Metabolite 1st Offense

    Michael’s Answer

    PA DUI Laws are very broad and provide for the filing of charges with escalated penalties where there is a chemical test refusal. In addition to the charges you listed, you are also facing a one year license suspension for the chemical test refusal.

    Do yourself a favor and stop posting information about your arrest online. Contact a qualified attorney in your area who regularly handles DUI cases.

    Good Luck!

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  • Hello, my mother is sued in a Civil matter at the District Court level (Pennsylvania). Clerk wont give me any info and is rude

    I have to call on my mother's behalf. The Civil Clerk is extremely rude. She says she cannot give me any information regarding the case, though I have told her that I am the son and just trying to get information on my mother's behalf so she can p...

    Michael’s Answer

    As another attorney indicated, you will be able to appeal. Notwithstanding, if the matter is in Montgomery County, the appeal will likely take ages as the dockets are backlogged and the appeal filing fee is somewhere in the $200 range. In addition, the appeal will not be heard by a common pleas judge until after there is an arbitration on the matter and one of the litigants appeals the arbitration award. By way of example, I am involved in a matter where the appeal was filed more than 1.5 years ago and no arbitration date has been set yet. I realize that this may be the exception and not the rule, but nevertheless, it is my client's reality.

    I do a lot of work with the DJ courts. Every office is a little different; some courts have a culture of being helpful to litigants and attorneys, other courts are not. This is something that I deal with every day.

    It sounds like you properly advised the Court of your mother's intention to defend. The next step is for the Court to schedule a date for trial. If you truly want to assist your mother in handling this matter, your should hire an attorney to defend her. If you hire an attorney, make sure you get someone who regularly deals with the Judge who has jurisdiction over her case.

    Thanks for your question and best of luck!

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