Can You Be Charged with DUI as a Medical Marijuana User in Pennsylvania?

More and more people are using medical marijuana for a variety of conditions. However, Pennsylvania law has not addressed the nuances of how or whether a medical marijuana patient should be charged with DUI if they are pulled over. Even if a driver is legally authorized to use cannabis and they are not high or impaired, if THC shows up on a drug test they can be charged with DUI. A drug DUI conviction can have serious consequences, so if you or a loved one has been charged it is critical to seek the counsel of an experienced Chester Country criminal defense attorney.

Pennsylvania Marijuana DUI Laws

Many other states require proof of impairment or have per se THC limits for operating a vehicle, but Pennsylvania has a zero-tolerance policy for marijuana – hitting the road with more than one (1) nanogram/milliliter of THC or cannabis metabolites in your system is still a crime. Because trace amounts of marijuana can be found in a blood test for up to 30 days, even if a person did not recently use it they can still face the same harsh penalties as a driver with a high blood alcohol content.

Although lawmakers in the Pennsylvania House voted to amend the DUI law to decriminalize trace amounts of marijuana for medical users, it has not been passed by the PA Senate and signed into law. This means that the commonwealth’s 368,000 medical marijuana patients could still face license suspension, months of jail time and hefty fines for a DUI conviction.

If a bill amending current drug DUI penalties is signed into law, police and prosecutors would need to prove that a licensed medical marijuana patient is impaired while driving instead of relying on a blood test to show that they used marijuana. DUI attorneys are keeping a close eye on this legislation and consider it a big win for medical marijuana patients if it becomes law.

Contact an Attorney if You Have Been Charged with DUI

Regardless of what type of charges you may be facing, it is always a good idea to have an experienced West Chester criminal lawyer by your side. Even if you have already been convicted of a DUI due to marijuana use, a defense attorney can help you apply for a pardon. Pennsylvania Governor Tom Wolf has already signed more than 300 pardons for people who were convicted of charges relating to marijuana, including some non-violent offenders who were convicted of illegal marijuana possession.

Although new legislation and Governor’s pardons are positive signs that the stigma surrounding marijuana use is changing, medical users are still being convicted of DUI. A good defense attorney fights for your rights and may be able to get charges reduced or dismissed, which can help you avoid the personal, professional, and emotional fallout from a marijuana DUI conviction.

Have you been charged with a DUI or another marijuana-related crime? Our experienced criminal defense attorneys and Chester county felony lawyers can help.

This blog was originally posted at https://carosella.com/blog/can-you-be-charged-with-dui-as-a-medical-marijuana-user-in-pennsylvania/

How Proper Estate Planning Can Help Prevent Elder Abuse

Elder abuse is an unfortunate reality that can wreak havoc on a person’s life and finances. Estate planning is a simple way to safeguard your rights and physical, emotional and financial well-being. Having a wills and estate attorney helps you create vital documents such as powers of attorney, an advance directive, a will and tools like trusts can help prevent elder abuse and ensure that your assets are protected and distributed according to your wishes.

Anyone Can Be a Victim of Undue Influence or a Scam

Physical and mental decline can make older people vulnerable to being taken advantage of, especially in the lonely days of the COVID-19 pandemic. Unfortunately, elder abuse is often overlooked until it is too late to remedy the situation, especially if a trusted family member, friend, or caregiver is the one exerting undue influence or perpetrating the abuse. Physical, emotional, and financial abuse can be devastating to victims and their families. This is just one reason why it is never too early to speak to an estate planning attorney and create a plan that addresses your specific needs and circumstances.

Estate Planning Documents that Can Help Prevent Elder Abuse

Although a will is a key element of an estate plan, there are other documents that protect your interests while you are still alive.

Advance Directive (Living Will) – This document outlines your wishes for medical treatments, including life-sustaining measures, pain management, and organ donation.

Power of Attorney for Health Care – This is a legal document that enables you to name an agent to make important medical decisions on your behalf. These decisions may involve treatment options,  medication, life-sustaining measures such as breathing and feeding tubes, end-of-life decisions, and more.

Power of Attorney for Finances – This document allows you to name someone to handle your financial affairs if you become unable to do so. Your agent will have the ability to pay bills, manage investments, bank accounts, and retirement accounts. They may also file tax returns on your behalf, take care of property transactions and other financial matters. You can make it as general or as specific as you would like.

Living Trusts – Trusts attorneys can also help you understand the different types of trusts and their purposes, and advise you of your options. When you create a living trust, you can name yourself as the initial trustee, and designate a successor trustee that takes control in the event of your incapacity or death.  You can put various types of assets into a living trust, including real estate, stocks, cash, and even personal property that has value. In addition to protecting your finances should you become incapacitated, a living trust also enables the assets in the trust to bypass probate after your death. Probate attorneys often recommend that clients set up living trusts to help make the estate administration process easier for their loved ones.

Choose Wisely

When selecting a designated agent or trustee, it is important to choose someone you trust whi will have your best interests at heart. Making these decisions can be challenging. Your attorney can provide an objective perspective that can help you make informed decisions that protect your interests. For example, if you own rental properties and plan to put them in a trust but do not have anyone in your life who you believe would be able to properly manage them, your lawyer may suggest that you hire a professional such as a real estate attorney to act as trustee.

Taking steps to protect yourself while you are still healthy and of sound mind is a proactive way to help prevent elder abuse and ease any concerns your loved ones may have about your care and financial security. If you need assistance with estate planning, our experienced team can help.

This blog was originally posted at https://carosella.com/blog/how-proper-estate-planning-can-help-prevent-elder-abuse/

Including Digital Assets in Your Estate Plan

Many people now access and store important financial and personal information electronically. In addition to your online financial assets, you may also have social media, email, cloud storage and other types of accounts that your loved ones will need to access in the event of your incapacitation or passing. Overlooking digital assets can lead to problems for your beneficiaries, so it is important to include them in your estate plan. A wills and estate attorney can help you take a thorough inventory of your digital assets and create legal documents that specify who is authorized to access them.

Create a Comprehensive List

The first thing you want to do is create a list of your digital assets and their value. You should include a list of login and password information for all the accounts that will need to be accessed. Some important items to consider include:

• Domain names
• Websites
• Blogs
• Cloud storage websites
• Monetized video channels and social media accounts
• Bitcoin and other cryptocurrency accounts
• Online trading accounts
• Online gambling accounts
• Traditional bank accounts and sites such as PayPal and Venmo
• Digital auction sites
• Digital rights to literary, musical, motion picture or theatrical works
• Online gaming accounts that provide cash awards or online goods or services
• Non-fungible tokens
• Any other digital assets specific to your circumstances

Back Up Your Data

Saving digital backups of account information and passwords is critical. It’s also a good idea to scan and save items like birth certificates, tax returns, insurance policies, wills, trusts, powers of attorney, bank and investment account statements and other vital documents. Although it’s a good idea to keep important data in the cloud, it’s vital to back it up using an external hard drive, USB port or computer as well. This will make it easier for your loved ones and fiduciaries to access them if needed.

Have Your Attorney Update Your Estate Plan

An estate planning attorney can help you create documents that inventory your digital assets and provide consent so named agents can access them if you become incapacitated or pass away. Whether you have digital assets or not, it is a good idea to review and update your estate plan periodically.  Estate planning lawyers and trusts attorneys can also ensure your will, powers of attorney, trusts and other important documents are up to date.

Your lawyer will also know how to use proper language for giving lawful consent to companies to provide the contents of your electronic communications to designated parties. It is up to you to decide how much access you are comfortable with and who you want to give it to. It is also important to authorize fiduciaries or other parties to reset, bypass or recover your passwords. If you have significant digital assets, you may also want to choose an executor who is tech-savvy, which can help make the process of settling your estate run more smoothly.

Whether you need help with estate planning or you are concerned about protecting your business, our team includes experienced contract lawyers and business succession planning attorneys. No matter what type of legal issues you may be facing, we can help.

This blog was originally posted at https://carosella.com/blog/including-digital-assets-in-your-estate-plan/

What You Need to Know When Buying Out a Business Partner

Partnerships come to an end for a variety of reasons, and even in the best of circumstances, the process can be complex. A business succession planning attorney can help you make sense of it all and facilitate a smooth transition while ensuring your rights are protected. Understanding what may be involved when buying out a partner can also help you make informed decisions and safeguard your financial interests.

Talk to an Attorney

Before you speak to your partner about buying out their portion of the business, it is critical to speak to a business lawyer who has experience handling acquisitions. Factors such as valuation, financing, the terms of your initial partnership agreement, and business succession planning can all play a role in determining what your options may be. An attorney can take a comprehensive look at your circumstances, address potential challenges, advise you of your options and help you make a plan. Even if you do not believe you need a lawyer because you and your partner are on great terms, conflict can arise. A business attorney can help your relationship stay positive.

Get an Independent Business Valuation

Hiring a professional to do a formal business valuation is a must to determine whether buying out your partner is a sound decision in the long term. Getting an accurate valuation from an outside party can provide a starting point for negotiations with your partner. However, it is important to keep in mind that business valuation is not an exact science. Each situation is unique. If you find yourself in a serious disagreement about what the business is worth, having an attorney help you negotiate can diffuse the situation and help you come to a fair agreement.

Look at Financing Options

Buying out a partner can come with substantial up-front costs that you may not be able to pay out in one lump sum. Although you can apply for a loan or look for funding elsewhere, self-financing is often the most viable option. This means that you will pay your partner over time as if they were the lender.

Of course, whether this is an option for you depends on your relationship with your current partner. If you are not on the best of terms it may not be a practical solution for financing. However, if it is something your partner will consider, it is critical to have a business contract attorney create a solid buyout agreement.

Consider Buyout Alternatives

If your business valuation turns out to be lower than you anticipated, you may want to consider dissolving the partnership and starting fresh. If your partner is open to it, you could change your partnership agreement so you own a larger share of the company. This way, you can have primary control over the company but will not incur the up-front costs of buying out your partner completely. Your attorney can help you determine which course of action will benefit you.

Make it Official

It would be nice if a deal could be completely sealed with a handshake, but to avoid problems it is best to do things by the book. Once you have both agreed to the terms of the sale, your attorney can draft an agreement and create documents that release your partner from liability. It is also important to talk to your lawyer and accountant about the tax implications of a buyout and what type of business entity you should have moving forward.  Your attorney can ensure that all appropriate documents are filed with local, state, and federal authorities.

Our team of business lawyers, estate planning attorneys and contracts lawyers can help to ensure all your legal bases are covered and your interests are protected.

This blog was originally posted at https://carosella.com/blog/what-you-need-to-know-when-buying-out-a-business-partner/

Why You Need an Attorney When Selling Your Business

When selling a business, it is crucial to ensure all your legal bases are covered and you receive the maximum value of what it is worth. Having the experience and knowledge of the best contract lawyers and business attorneys in your corner can make the process easier and less stressful. If you are considering selling your business, these are just a few ways an attorney can help safeguard your interests and assist you with the process.

Issues to Consider When Selling Your Business

Business Valuation

Before you sell your business, it is important to make sure it is accurately valued. You do not want to short change yourself but overvaluing it can result in minimal interest from potential buyers.  There are several business valuation methods that can be used. A skilled business liability lawyer can take a comprehensive look at all aspects of your business and determine what it is worth.

Assets and Debts

When you are getting ready to sell, analyzing your assets and debts and determining how to handle them is a tall order. Estate planning and living trust lawyers often advise small business owners to create a business succession plan as soon as they open their doors. Although there is no way to predict the future, a business succession plan can provide the framework, processes, and procedures for how your business will be sold or transitioned.

Business Purchase Agreement

Another vital element of the sale of a business is a contract that outlines the terms of the sale. Details specific to your industry are important in this contract, so you will want to find an attorney who is well-versed in your line of work. For example, If your business involves the sale of investment properties, it is probably a good idea to have business lawyers experienced in real estate help you draft your purchase agreement. Generally, a business purchase agreement should include:

• A detailed description of the goods, services, real estate, and personal property such as furniture and equipment that is being sold with the company
• The length of time the buyer has to inspect any real property, including product or merchandise
• The manner in which the buyer intends to pay for the business
• The total amount due and the date or time frame in which payment is due
• A clause stating that all parties must agree to and approve of any changes to the agreement in writing
• The state in which the agreement is being executed
• If the business is a corporation, the minutes of the corporation’s authorization of the sale
• Any warranty of the seller, which is intended to protect all parties (optional)

The particulars of your business purchase agreement will depend on your specific circumstances and the type of business you own.

If you need assistance with selling your business or you are interested in learning more about business succession planning, our Pennsylvania real estate lawyers, business attorneys, and estate planning attorneys work collaboratively to help you find practical solutions that meet your specific needs.

This blog was originally posted at https://carosella.com/blog/why-you-need-an-attorney-when-selling-your-business/

Choosing a Guardian for Minor Children in Your Estate Plan

Selecting a guardian for young children is a big decision that can seem overwhelming. An estate planning lawyer can help you understand important elements to consider when choosing a guardian and ensure all relevant issues concerning your children are addressed in your estate plan.

Factors to Consider When Choosing a Guardian

Before you name someone to be your children’s guardian, you have to sit down and think about who would be well suited for the job and willing to do it. In addition to the person’s age and relationship with your kids, there many are other important factors to take into consideration, including:

Parenting skills – Your sister or best friend may be great for an afternoon of babysitting, but who do you believe would best raise your kids and care for them 24/7? You definitely want to pick someone who has shown that they are good with kids and can love and care for them as a parent would.

Living situation – If something were to happen to you, your children would most likely end up living in a guardian’s home. Your children will already be going through a difficult time, so it is critical to think about how to make this difficult transition easier on them.  Some important things to consider are:

• Where does the guardian live?
• Is the neighborhood safe?
• Would your children need to change schools? How are the schools in their area?
• Is their living situation stable and healthy?

These are just a few things to think about – you know your kids and are likely aware of what the best environment for them would be to grow and thrive.

Values – Choose a guardian whose moral compass lines up with yours. If you have certain religious beliefs, do you want your children to continue to be raised with the same principles? Although someone’s values may not align 100% with yours, it is possible to find someone you respect and trust who will raise your children with a solid moral foundation.

Financial stability – Your children’s guardian does not have to be wealthy, but it is important to think about how caring for children will raise their living costs. This is just one reason why it is important to have life insurance policies. You can also set up a trust, which makes it much easier for their guardian to raise them in a financially stable environment while safeguarding your children’s financial security. Talking to a living trust attorney about your options can help you make informed decisions about whether you want your children’s guardian to also control the assets in the trust as well. If not, you can choose someone else to handle their financial affairs.

What if I’m Divorced?

If you and your spouse are no longer together, it is still a good idea to get on the same page about who to name as guardians if you both pass away. Ideally, you should make an effort to hash it out with your local divorce attorneys and put it in your final divorce settlement agreement.  Even if you disagree, you are still entitled to name whomever you choose in your updated estate plan.

Typically, if one parent passes away, the other parent maintains custody of the children. If you have full custody of your children and do not believe your ex can care for your children due to criminal conduct, addiction, or domestic violence, consult a West Chester divorce lawyer to find out what steps you can take to make this clear in your estate plan.

Although you may not want to think about what may happen if you are gone, making plans to ensure your children are taken care of in the event of your untimely death is in an essential investment in their well-being.

This blog was originally posted at https://carosella.com/blog/choosing-a-guardian-for-minor-children-in-your-estate-plan/

How a Real Estate Lawyer Can Help with Zoning Appeals

Zoning and other land use issues are often complex and can cause delays and financial losses for businesses and individuals. Pennsylvania real estate lawyers help clients with land use applications, variances, zoning appeals, and issues involving property line and easement disputes. If you are dealing with any of these issues, it is important to find an attorney who is familiar with local, state, and federal laws and regulations.

What are Zoning Ordinances?

Zoning ordinances are rules and standards for how property in specific locations may be used for residential or commercial purposes. Zoning standards usually regulate building height, lot size, and placement of structures. Zoning ordinances typically outline the procedures for handling zoning rule infractions and penalties.

Zoning Ordinances are Usually Local

Property owners may go to a local zoning board or city council to request a specific use for their property or to seek variances for matters such as building height. An owner may also go to a zoning board to appeal a decision that has already been made by a local town or city’s building department. Although it is common for individuals to handle zoning appeals on their own, having a lawyer for real estate or business liability lawyer who is well-versed in local zoning laws can help you avoid costly, unnecessary delays and ensure your interests are protected.

Why Do I Need a Real Estate Lawyer to Help with Zoning Problems?

An attorney can assist you with the zoning process from beginning to end, and may be able to help you avoid the need for an appeal. They can assist you with your initial land use application, help you apply for variances, and advise you of the best course of action to meet your goals. It is essential to approach land use issues and disputes in the right way and to properly follow all procedures and deadlines.

Zoning Appeal Hearings

If you must take your case to court or before an appeals board, it is critical to be specific about your requests and why you are asking for them. The best contract lawyers advise clients to put everything in writing. One way to get the ball rolling on your appeal is to have your attorney write a letter to the board in advance that outlines what you are looking for and why, and how it may benefit the community. This gives zoning board members a chance to review (and sometimes discuss) your case in advance.

Zoning requests often affect the people who live near a property.  Your lawyer may want to talk with neighbors and other members of the community to get their input on your zoning request. If they are in support of your intentions, your attorney may request letters to submit to the appeals board or even ask them to attend the hearing on your behalf. Having the support of the community can go a long way to achieving the goal of getting your zoning request approved.

Zoning appeals usually come with very tight deadlines. Missing this deadline could mean that your appeal will not be heard at all. Knowing how the process works is critical – an attorney can help you understand the complexities of the process and represent your interests at the hearing.

If you need help with legal matters surrounding real estate, business, or estate planning, our collaborative team of property lawyers, business attorneys, and living trusts lawyers provide the top-notch legal representation you can trust.

This blog was originally posted at https://carosella.com/blog/how-a-real-estate-lawyer-can-help-with-zoning-appeals/