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Eric Michael Gibson
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Eric Gibson’s Answers

69 total


  • Just got approved for ARD program.

    It says that I have to do 40 hrs of community service. Would my lawyer be able to get them to lower the amount of hours?

    Eric’s Answer

    If this is a Lancaster County DUI ARD, the community sevice hours have been established by the DAs office as a condition of your ARD. These are the same for everybody based upon your BAC. It is unlikely they would be reduced.

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  • Married in MA, living in WA and wife in PA, we are getting a divorce, where do we file?

    Where do we file the paperwork? I want to get all paper work for her ready and she wants to be the one actually filing for divorce.

    Eric’s Answer

    You can file where either party is a resident. If either living situation is recent or temporay , jurisdiction may not be established for that place yet.

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  • Im in need of a lawyer to get ARD & it's my first offense want opinions

    my first offense and I was charged with possession of marijuana and I got two offenses for switching seats with my boyfriend after we got pulled over for my tinted windows. We were never read our rights and nerve got told why we were being stopped...

    Eric’s Answer

    Contact a local attorney who can discuss your options. From the information presented you are most likely eligible.

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  • I was caught shoplifting and the said amount was $126. I am an education major is there anyway an ARD Program would be offered?

    I have no idea what actions to take at this point. Ive been told multiple things. Shall i plead not guilty in order to have a case hearing in which the man of the store mentioned working out community service. Im very curious about this ARD progra...

    Eric’s Answer

    You should definitely consult an attorney. Some District Judges in Lancaster will allow for a disposition that can avoid a conviction. Especially where the victim agrees

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  • Trying to file divorce papers..

    My wife and i are trying to file for divorce. Law requires us to be residents for 6 months before we can do so. We are originally from PA, but we lived in NC from April 2013 to Dec 2013, Tho we never formally changed our residency, or our address...

    Eric’s Answer

    • Selected as best answer

    You should talk more in depth with an attorney about the specifics of the situation. Residency is not necessarily where you live. If you maintained connections in PA and lived here prior and after you may be alright. The courts look to where you intend your residence to be. If NC was always meant to be temporary you may be okay.

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  • I did a boot camp program for felony drug conviction can I go back in front of the judge for sentence reduction

    I had a misdemeanor that got me special probation after my parole. I'm almost off parole and wanted to forgo probation because it's interfering with my profession

    Eric’s Answer

    I agree with my colleagues. Because this was a State Sentence (why it is "special" probation) the Judge doesn't not have jurisdiction and I don't believe he would be able to terminate your probation early.

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  • How does OGS get calculated?

    My girlfriend has 3 pending criminal charges, all felonies, their separate gravity scores are 5, 3, and 3. Do these get added together to determine sentencing, or will they just use the highest score (5)? I've seen the sentencing matrix, just need...

    Eric’s Answer

    • Selected as best answer

    Her OGS is what it is for each charge separately, unless they are lesser included offenses (meaning she would only be semtenced on the highest charge as the lesser charges are included in the higher charge). Because her sentences can be run consecutively on each charge you have to look at them individually. Alot depends on if she will have the charges run consecutively (one aftert he other) or concurrently (together)

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  • Successfully completed ARD, so why is my charge still visible to the public eye??

    Back in 2004 I committed a misdemeanor (petty theft charges, non-violent) and was entered into the ARD program. I completed all community service hours, paid all fines and fees, completed probation with no issues. I thought I was in the clear and ...

    Eric’s Answer

    There is an additional process to actually have the record expunged.

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  • When different States are involved which state do you need to go to to fight for custody of children?

    My boyfriend's ex wife signed and got a paper notarized that he has custody for a year in half tip she gets medical help. Our issue is that we want to get permanent custody because of her drug abuse and her she is an unfit parent. Up until July th...

    Eric’s Answer

    You would need to file for modification in New Jersey. But could request that the Court relinquish jurisdiction and transfer the case to PA. You need to contact Florida where the domestic relations order is through and file for a termination of support.

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  • Would a gift to one spouse from the other be considered marital property

    A Christmas gift , birthday etc.

    Eric’s Answer

    I have to disagree. Section 3501 (a) states that "'marital property' means all property acquired by either party during the marriage and the increase in value of any nonmarital property . . . However, marital property does not include: . . . (3) Property acquired by gift, except between spouses, bequest, devise or descent or property acquired in exchange for marital assets.

    Except between spouses.

    I believe it would be marital property subject to division.

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