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Joseph D. Lento

Joseph Lento’s Answers

34 total

  • I Was Attacked! What Type of Lawyer Do I Need to File a Lawsuit?

    I attended a weekend ski trip event and stayed at a national hotel chain outside of Philadelphia. While eating dinner at the hotel, I was physically and verbally assaulted by another hotel guest and sustained injuries to my back and foot. I filed ...

    Joseph’s Answer

    I am sorry to hear about your trouble. A personal injury attorney can help you pursue a prospective case against your assailant and any other parties that may be responsible for what occurred (EG: the hotel, the police department, etc.). If you would like to call my office tomorrow, I can give you some additional insight.

    Joseph D. Lento
    Lento Law Offices
    North American Building
    121 S. Broad Street, 2nd Floor
    Philadelphia, PA 19107
    LentoLawOffices.com
    888-535-3686

    See question 
  • How much time could my husband face he is a felon and got caught with a loaded handgun and its his second gun charge

    He's been arrested more than a few times for drugs robbery theft a gun he also has a pfa against him for threatening someone with a gun his bail is 250,000

    Joseph’s Answer

    More information is needed in order to accurately answer your question. One felony charge alone in Pennsylvania can carry from seven to twenty years maximum exposure. It would also depend on how the first gun charge case was disposed as well as your husband's "prior record score" in general. Your husband's prior record score as well as the "offense gravity score" for the present charge(s) also largely determine what a prospective (guideline) sentence may be if the case is not resolved in his favor. Regretfully, there are too many variables involved and not enough information provided in order to give you a specific number or range. That being said, it can be a significant amount of prison time.

    Joseph D. Lento, Esq.
    Lento Law Offices
    North American Building
    121 S. Broad Street, 2nd Floor
    Philadelphia, PA 19107
    LentoLawOffices.com
    888-535-3686

    See question 
  • I detective came to my house stating he wants me to go to the police station to talk and i wasnt in trouble. what should i do?

    The detective came to my house gave me his business card stated many times i wasnt in trouble and i could possibly help him solve a case. what should i do?

    Joseph’s Answer

    I would consult with an attorney before speaking with the detective.

    Joseph D. Lento
    Law Offices of Joseph D. Lento and Associates
    North American Building
    121 S. Broad Street, 2nd Floor
    Philadelphia, PA 19107
    LentoLawOffices.com
    888-535-3686

    See question 
  • Can a bail be revoked

    I paid my husbands bail while we were together, we are currently living in seperate household , but still are married. I don't know where he lives and his whereabouts I do not want to responsible for anything that happens while he's out on bail be...

    Joseph’s Answer

    Bail can be revoked at the discretion of the court. When deemed necessary, the Philadelphia District Attorney's Office will file a Motion to Revoke Bail for example. Grounds can include a new arrest, a violation of a condition of bail, etc. You indicate that you do not want to be "responsible" for anything that happens while your husband is out on bail. Do you mean responsible for his (possible) actions or responsible for the bail that you posted if he bench warrants / fails to appears for court?

    Joseph D. Lento, Esq.
    Law Offices of Joseph D. Lento and Associates
    North American Building
    121 S. Broad Street, 2nd Floor
    Philadelphia, PA 19107
    LentoLawOffices.com
    888-535-3686

    See question 
  • What are the chances of me not having this disorderly conduct on my record? (first time anything offender)

    My friends and I were at a PATCO station and this cop told us to get off the train because we were holding the door for our other friend. We got of the train but he started yelling at my friend, unprovoked. We asked for his badge number and name...

    Joseph’s Answer

    In order to be convicted, the prosecutor must prove that there was a public inconvenience and if no one other than a police officer was there to witness it, this element of the offense may be difficult to prove. Additionally, the behavior has to be extreme (EG: aggressive or threatening in nature). Moreover, the defendant must have an intent to create a public inconvenience.

    In New Jersey, an attorney can help to have a a disorderly persons offense charge be downgraded to a ordinance violation. However, the record of your arrest and the ordinance violation do not go away with the passage of time and they will still appear on background checks. This means that the arrest and conviction for an ordinance will show up if a potential employer, educational institution, or government agency conducts a background search of your public records.

    An expungement is available in New Jersey for a municipal ordinance if certain conditions are met. It is important to note that the individual must wait for a period of at least 2 years from the date of conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later to file duly verified expungement petition to the Superior Court in the county in which the violation occurred.

    You should speak with an attorney to determine the best course of action in light of the charge as well as your future goals in the medical field.

    Joseph D. Lento, Esq.
    Law Offices of Joseph D. Lento and Associates
    LentoLawOffices.com
    888-535-3686

    See question 
  • I was experiencing mood swings and panic first DUI offense is this considered failing fst

    I am 34 year old student very excited to be in nursing school...last week I was pulled over while pulling in my driveway I was pulled over they thought I was asleep hanging out window when they saw me from behind but I actually was trying to get m...

    Joseph’s Answer

    DUI criminal charges should be taken very seriously especially in light of your future career as a nurse. That being said, there are options for first-time offenders which can prevent this incident from having too significant an impact on your future. There are steps that an attorney can take so that the Philadelphia District Attorney's Office will consider your otherwise good character outside of this incident. In doing so, the goal would be to get you admitted into a diversionary program known as A.R.D. (Accelerated Rehabilitative Disposition). The benefit of the A.R.D. program is that upon its successful completion, you will not have a criminal record and a petition can be filed with the court to seek that your record be expunged. The refusal remains a concern because, in a sense, it is handled administratively by PennDOT. Of course, your case may be favorably resolved by going to trial, but there are definite benefits to resolving a first-time DUI criminal charge by way of the A.R.D. program if a defendant can be admitted to the program. Although the alleged refusal carries prospective other implications related to license suspension, the refusal alone should not preclude a defendant's admission in the A.R.D. program because many factors are taken into consideration.

    Joseph D. Lento, Esq.
    Law Offices of Joseph D. Lento and Associates
    North American Building
    121 S. Broad Street, 2nd Floor
    Philadelphia, PA 19107
    LentoLawOffices.com
    888-535-3686

    See question 
  • I have temp-phys-custody and am now the CP of a toddler. Can I pursue sole-full custody at our upcoming plenary hearing?

    I was awarded temporary physical custody of our 2 year old immediately following a kidnap attempt 6 months ago. I have submitted a motion for a formal change of custody (to me) and have a plenary hearing scheduled. The NCP and I currently have joi...

    Joseph’s Answer

    • Selected as best answer

    You may be aware that the “best interests of the child” is paramount when it comes to custody determinations made by the court. N.J.S.A. 9:2-4(c) outlines what factors a judge must consider when making this determination. Some factors will be more applicable than others with respect to your circumstances especially in light of your child being a toddler. Nonetheless, these factors include:

    1. The parents' ability to agree, communicate and cooperate in matters relating to the child;
    2. The parents' willingness to accept custody and any history of unwillingness to allow visitation that is not based upon substantiated abuse;
    3. The interactions and relationship of the child with its parents and siblings;
    4. Any history of domestic violence;
    5. The safety of the child and the safety of either parent from physical abuse by the other parent;
    6. The preference of the child if the child is of sufficient age and capacity to reason so as to make an intelligent decision;
    7. The needs of the child;
    8. The stability of the home environment offered;
    9. The quality and continuity of the child's education;
    10. The fitness of the parents;
    11. The geographical proximity of the parents' homes;
    12. The extent and quality of the time spent with child prior to or subsequent to the separation;
    13. The parents' employment responsibilities;
    14. The age and number of children.

    From the information that you provide, it would appear that you have more than a sound basis to pursue sole physical custody. Bear in mind that the court most likely will not deny a parent custody strictly based on that parent's inability to provide support especially if the other parent can do so via child support ordered by the court. The most likely worse case scenario is that the judge may deny your request for full custody, but there should be no harm in asking. I hope this helps.

    Joseph D. Lento
    Law Offices of Joseph D. Lento and Associates
    LentoLawOffices.com
    888-535-3686

    See question 
  • Child abuse???

    If a father is making comments to a 15 year old daughter about her body...is this a form of abuse and/or illegal?? Thank you!

    Joseph’s Answer

    Although there may not be anything inherently illegal about such comments and it also depends on the nature of the comments, it certainly sounds highly inappropriate. If necessary, the Court can craft a custody order that addresses such concerns in that father would be prohibited from such behavior otherwise there could be sanctions. I hope this helps.

    Joseph D. Lento, Esq.
    Law Offices of Joseph D. Lento and Associates
    North American Building
    121 S. Broad Street, 2nd Floor
    Philadelphia, PA 19107
    LentoLawOffices.com
    888-535-3686

    See question 
  • WYER REPRESENT ME! MY CHILD WAS DENIED FOR DISABILITY BENEFITS WHEN MOST SOURCES CONSULTED AGREED SYMPTOMS DISORDER R PRESENT

    SEVERE HYPERACTIVITY IN A 6 YR OLD. BEEN MEDICATED FOR A YR NOW. CANT FOCUS CONCENTRATE OR STAY STILL WITHOUT MEDS. "CONSTANT INVOLUNTARY MOVEMENT" AMONG OTHERS THINGS Additional information:"condition is not disabling," "seems to have attention d...

    Joseph’s Answer

    • Selected as best answer

    I should be able to point you in the right direction if you would like to follow up with me. I can be reached first thing tomorrow morning by phone - 888-535-3686.

    Joseph D. Lento, Esq.
    Law Offices of Joseph D. Lento and Associates
    North American Building
    121 S. Broad Street, 2nd Floor
    Philadelphia, PA 19107
    LentoLawOffices.com
    888-535-3686

    See question 
  • Can my ex take me back to Court for backed child support even though we have an Order Terminatining Child Support?

    We recently decided to Terminate our Child Support Order for our children and just pay half of the children's expenses on our own, as long as we both agreed and both were given notice of each and every expense. Since then, my ex has withheld infor...

    Joseph’s Answer

    Although there may be contractual issues between you and your children's mother based on your verbal agreement to pay child support to each other as indicated, more likely than not, your children's mother will have to file a new petition for child support in order to realistically pursue such a claim (back child support should not be an issue outside of the above possible concern). You can also presumably file for child support against your children's mother. The court will make a determination regarding who is responsible for paying child support to whom. Some factors that the court will consider are what the custodial arrangement or order is regarding the children as well as the incomes of you and your children's mother.

    Joseph D. Lento, Esq.
    Law Offices of Joseph D. Lento and Associates
    North American Building
    121 S. Broad Street, 2nd Floor
    Philadelphia, PA 19107
    LentoLawOffices.com
    888-535-3686

    See question