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Michael Harris Fienman

Michael Fienman’s Answers

124 total


  • Jury Trial or Bench Trail? Philadelphia Civil Court. Please help me choose.

    Hello Everyone, Thank you for taking the time to read this. Please let me know what your thoughts are, Jury Trial or Bench Trial? I trust my gut to choose a jury trial but my lawyer wants to do a bench trial instead. He is a busy man who has alrea...

    Michael’s Answer

    In my opinion, a client should never let their attorney's schedule be the single deciding factor in choosing whether to try a case in front of a judge or jury. It sounds like your case is quite complicated and there are many things to consider. I recommend that you have a conversation with your attorney and discuss your concerns in detail with him or her.

    Good Luck

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  • Can I sue my township over ordinances that give me no rights ?

    I got a notice from my township for 3 uninspected vehicles on my property, 1 is a drag race car that I'm fixing all of the damaged high stress areas), 1 needs to have the floors replaced because of rust damage(30 year old car) and the other vehicl...

    Michael’s Answer

    It is difficult to answer your questions without seeing the actual citations that were issued. If you were found guilty by a local MDJ, you have an absolute right to appeal if you are within the 30 day time limit. I recommend that you contact an attorney directly to discuss your options. Remember, there are only 30 days from the day you were found guilty to file an appeal. Do not delay if you want to pursue this matter. Good Luck!

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  • Can I file preliminary objections to a Civil Complaint in Magisterial District Court?

    Can I file preliminary objections to a Civil Complaint in Magisterial District Court prior to the hearing?

    Michael’s Answer

    No, the rules do not provide for any written response (other than cross complaints) when a civil claim is filed before the Pennsylvania Magisterial District Courts. You will have an opportunity to defend your position at the time of trial.

    Depending on the amount in controversy and the district judge handling your case, you may want to consider hiring an attorney to assert your defense(s). Be advised that, if you loose, an appeal can be quite costly and take a tremendous amount of time/effort before the matter is actually heard by a common pleas judge.

    Thanks for your question and good luck!

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  • Do I need to disclose the incidents? Will I be unable to get my visa?

    I received citations for summary offenses in PA in 2 different ocassions, 1 underage drinking, and 1 drunk in public during college. I took alcohol class for the underage, and plead guilty/paid fine for the Public drunkenness. I was never fin...

    Michael’s Answer

    Your question would be best answered by an immigration lawyer. I will reassign it to the appropriate area. Best of luck!

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  • Can I sue a martial arts gym or instructor for singling me out and hurting me?

    I belong to a martial arts gym. One practice an instructor got angry at me for using "big" words when asking him a question. He singled me out and insulted me infront of the class. Since that class he has routinely singled me out to demonstrate ne...

    Michael’s Answer

    My sentiments are along the same lines as the other attorney who already answered. Further, you probably executed a waiver of some sort when you signed up. Join a new gym, or when the instructor singles you out for a demonstration, just say no.

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  • What can she do to get her license reinstated if her citation falls under the statue of limitations

    My mom has 2 citations in Philadelphia , they fall under the statue of limitations , their telling her she has to wait until the court date in April and she has a $771.00 fine . What can she do to get her license reinstated with out waiting for th...

    Michael’s Answer

    She may be able to have her license restored prior to the court date but I would have to review mom's PennDOT information to be sure. Every license restoration case is different and it is important that she seek QUALIFIED counsel to review her specific situation.

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  • 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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