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March 2016 Archives

ENM Law News: ARD for DUI and Simple Assault Charges

A recent client came to ENM Law for help with DUI and Simple Assault charges. It is alleged that this client was found asleep at the wheel of his car in the middle of the street and scuffled with police officers when arrested. One of the officers was injured as was the client. This client's original ARD application was denied because of his alleged conduct with police and later with doctors at the hospital and because of his alleged extreme level of intoxication. This client was facing a mandatory 72 hour jail sentence for the DUI and a maximum permissible sentence of two years of incarceration for each of the two Simple Assault charges. On behalf of her client, Attorney Ebner wrote to the District Attorney and asked him to reconsider for a variety of reasons. Ultimately, because of Attorney Ebner's representation, this client was approved for the ARD program and has the opportunity to avoid a jail sentence and conviction.

Spotlight Issue: Division of Assets - Equitable Distribution

One of the biggest points of contention in a divorce can be division of the parties' assets. If no prenuptial agreement has been signed then Pennsylvania law governs how assets are divided. Pennsylvania is an equitable distribution state which means that if the case goes to trial, a judge will ensure that property is divided fairly, but not necessarily equally. That is important to remember when trying to negotiate a property agreement in an effort to avoid trial. The only property that is considered in the determination is marital property so the first step in the process is for the court to determine what property will be included. The court will then need to determine the value of the marital property before determining a fair distribution. The value is based on "fair market value." The last step in the equitable distribution process is the actual division of property.

Spotlight Issue: Division of Assets - Prenuptial Agreements

A prenuptial agreement is a way that couples can address division of assets in case of divorce. These agreements are generally governed by the law of contracts and the validity of prenups is specifically discussed in 23 Pa.C.S. Sec. 3106.

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