A few months ago, 28-year-old National Football League star Donte Stallworth began an abbreviated jail term for his act of killing a pedestrian while driving drunk in Florida in Macrh. Because of Stallworth’s cooperation with investigators and the wishes of the victim’s family, his sentence was drastically reduced. Stallworth pleaded guilty this past Tuesday to manslaughter while driving under the influence of alcohol in exchange for a lighter sentence. He was sentenced to 30 days in jail in addition to a lifetime ban on his driver’s license. He was also ordered to pay $10,000 in fines and to perform 1,000 hours of community service. The average jail sentence for similar crimes in Florida is 10 years, but Stallworth reached a confidential financial settlement with the victim’s family. After his release from jail, Stallworth must serve two years of house arrest and spend eight years on probation.
In Pennsylvania, driving under the influence occurs when an individual drives, operates or is in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle. Penalties for a first offense conviction of a DUI can range from a substantial fine to six months of probation. Subsequent offenses carry stiffer penalties, including significant jail time.
Subsequently, in Pennsylvania the crime of involuntary manslaughter occurs when a person as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, causes the death of another person. Driving a car drunk is considered an unlawful act in Pennsylvania and could subject a guilty defendant to possible involuntary manslaughter charges. Penalties for a first offense conviction of an involuntary manslaughter charge range from a loss of license, a significant fine, and can include substantial jail time.

Authored by Anthony Renaldo, Esq.

The recent death of entertainer Michael Jackson has sparked a frenzy of world wide attention. Most troubling has been the mysterious circumstances surrounding his acquisition and use of prescriptive pain and sleeping medication.

Currently, autopsy and toxicology reports are under way to determine what actually killed the superstar.

Legally, the fundamental question is whether Jackson’s death was due to an accidental overdose or a homicide? If the coroner finds that the cause of death is an accidental overdose, Jackson’s doctors (assuming they administered and/or prescribed the medication) could still be faced with a series of civil suits. However, assuming Jackson’s death is ruled a homicide by the L.A.P.D., the person (i.e. doctor, nurse, etc) who prescribed and/or administered the drugs, could be held criminally liable for their actions and could face a significant jail term. The most serious criminal charge that the doctors could face would be manslaughter.

In Pennsylvania, a person is guilty of involuntary manslaughter when as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, he causes the death of another person. This criminal law applies to all doctors who provide treatment and prescribe medication to their patients; over prescribing medication to the degree that Jackson’s doctors supposedly did would likely be considered reckless or grossly negligent. Assuming Jacksons’ doctors were in fact reckless or grossly negligent in their treatment of the “King of Pop,” they could face serious jail time as well as severe fines and a loss of their medical license.

[the foregoing is a general discussion on criminal law and should not be construed as either legal advice. Furthermore, any defendant is considered innocent until proven guilty by a jury of his/her peers].

 Last week the U.S. House of Representatives overwhelmingly passed a Credit Cardholders’ Bill of Rights, intended to protect consumers from sharp interest rate increases, harsh penalties, short payment windows and other abusive practices. A similar measure is moving through the Senate. President Obama is pushing the legislation.  Therefore, if you are a resident of Easton, Bethlehem, or Allentown Pennsylvania, help may be on the way. 

Meanwhile, with most U.S. households struggling as a result of the current economic conditions, it is only natural that the plastic cards are being used more frequently. This unavoidable rush of credit card debt for some individuals may only be a temporary stopgap on the way to filing for bankruptcy. Thus, we can look at the most basic question individual debtors have when filing for bankruptcy, which chapter is right for me? (Most individual debtors will qualify for bankruptcy under chapter 7 or chapter 13 of the Federal Bankruptcy Code).

A chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor’s nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code. Part of the debtor’s property may be subject to liens and mortgages that pledge the property to other creditors. In addition, the Bankruptcy Code will allow the debtor to keep certain “exempt” property; but a trustee will liquidate the debtor’s remaining assets. Accordingly, potential debtors should realize that the filing of a petition under chapter 7 may result in the loss of property.

Conversely, chapter 13 offers individuals a number of advantages over liquidation under chapter 7. Perhaps most significantly, chapter 13 offers individuals an opportunity to save their homes from foreclosure. By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time.

  [THE FOREGOING IS INTENDED TO BE A GENERAL DISCUSSION OF THE LAW.  IF YOU HAVE A SPECIFIC LEGAL QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK WITH AN ATTORNEY].

 As of this morning, the World Health Organization reports that the number of reported swine flu infections has increased to 236 people. With global attention focused on issues relating to human health and healthcare, this presents an opportunity to look at a controversial issue involving the treatment received at hospital emergency rooms by those individuals without health insurance.

Despite any reported cases in Easton, Bethlehem, and Allentown, Pennsylvania, there seems to be a growing concern that this flu can hit our local area.  In the event the flu penetrates Easton, Bethlehem, or Allentown, hundreds of people without health insurance can be dramatically effected. 

The Emergency Medical Treatment and Active Labor Act is a federal statute which governs when and how a patient may be (1) refused treatment or (2) transferred from one hospital to another when he is in an unstable medical condition. The stated purpose of the statute is to prevent hospitals from rejecting patients, refusing to treat them, or transferring them to “charity hospitals” or “county hospitals” because they are unable to pay or are covered under the Medicare or Medicaid programs. As the statute states, any patient who “comes to the emergency department” requesting “examination or treatment for a medical condition” must be provided with “an appropriate medical screening examination” to determine if he/she is suffering from an “emergency medical condition”. If he/she is, then the hospital is obligated to either provide him/her with treatment until he/she is stable or to transfer him/her to another hospital in conformance with the statute’s directives.

  [THE FOREGOING IS A GENERAL DISCUSSION ON THE LAW AS IT PERTAINS TO MEDICAL TREATMENT.  IF YOU HAVE A SPECIFIC LEGAL QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK WITH AN ATTORNEY]

 Census Bureau figures released March 30, 2009, show that about 2.5 percent of Pennsylvania’s 2008 revenue came from “death and gift” taxes. Surprisingly, that percentage of government income is the highest of any state.

Death taxes can take one of two forms – a tax on the estate of the deceased or a tax on the amounts inherited by survivors.

Today, Pennsylvania only has an inheritance tax. The inheritance tax is imposed on the value of the decedent’s estate transferred to beneficiaries by will or intestacy. For dates of death on or after July 1, 2000, the tax rate for Pennsylvania Inheritance Tax is 4.5 percent for transfers to direct descendants (lineal heirs), 12 percent for transfers to siblings, and 15 percent for transfers to other heirs (except charitable organizations, exempt institutions, and government entities). Inheritance tax payments are due upon the death of the decedent and become delinquent nine months after the individual’s death. If the tax is paid within three months of the decedent’s death, a 5% discount is allowed.

  [THE FOREGOING IS INTENDED AS A GENERAL DISCUSSION OF THE LAW IN PA AND IS NOT MEANT TO BE A SUBSTITUTE FOR LEGAL ADVICE.  IF YOU HAVE A SPECIFIC LEGAL QUESTION OR ISSUE, PLEASE CONTACT OUR OFFICE]

By:  Anthony Renaldo, Esq. 

 Recent events dealing with gun violence in Pittsburgh, PA, Binghamton, N.Y., and Graham, Washington, has sparked a renewed debate over gun laws across the country. Nationally, gun sales are reported to be on the rise. Accordingly, from November 2008 through March 2009, FBI background checks, which are required every time a federally licensed gun dealer makes a sale, rose 29.3% over the same period a year earlier.

Thus, anyone interested in owning a firearm in the Commonwealth of Pennsylvania should be aware of the laws. It should also be noted that there is a difference in Pennsylvania between owning a firearm and carrying a firearm.

Specifically, the minimum age to own a firearm is 18. However, there are recognized exceptions to this rule for minor’s who wish to own a firearm. Additionally, there is no firearm registry in the Commonwealth. Thus, if you legally posses and bring your firearms into Pennsylvania no further action is required. However, all transfers of handguns in Pennsylvania are required to go through the Pennsylvania Instant Check System (PICS) and as such the Pennsylvania State Police keep a Sales Database of all handguns purchased within the Commonwealth.

If you wish to carry your legally owned firearm outside your home or business, you must obtain a License To Carry Firearms from the state. Anyone who is found carrying a firearm outside their home or business without the license is committing a felony.

THE FOREGOING IS INTEDED TO BE A GENERAL DISCUSSION OF THE LAW AND IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE.  IF YOU HAVE A SPECIFIC QUESTION, PLEAES CONTACT OUR OFFICE AND SPEAK WITH AN ATTORNEY.

             As of last week, the “Final Four” of the NCAA men’s basketball tournament was finalized. While many devoted fans of the remaining teams will be in high spirits this upcoming weekend, another less identifiable fan base will be cheering just as loud. This group of fans has money illegally wagered on the outcome of the games.  

            According to the National Gaming Impact Study Commission, $380 billion a year is spent on illegal sports betting. The Professional and Amateur Sports Protection Act of 1992, a federal law, makes it unlawful for a person to sponsor, operate, advertise, or promote a lottery, sweepstakes, or other betting, gambling, or wagering scheme based, directly or indirectly on one or more competitive games in which amateur or professional athletes participate. Currently, only four states (Nevada, Delaware, Montana, and Oregon) have legal forms of sports betting.

            However, a state senator from New Jersey has recently filed a federal law suit seeking to overturn The Professional and Amateur Sports Protection Act of 1992 and allow the state of New Jersey an opportunity to profit from the betting. The lawsuit argues that the federal law is unconstitutional because it treats the four identified states differently from the rest. States across the country are looking into gambling as a source of income amid the current economic times.

           THE FOREGOING IS A GENERAL DISCUSSION ON THE LAW.  IT IS NOT INTENDED TO BE LEGAL ADVICE.  IF YOU HAVE A SPECIFIC LEGAL QUESTION, PLEASE CONTACT OUR OFFICE.

In Pennsylvania, a worker that suffers a work accident to his low back or neck may be diagnosed with a herniated disc.  For many workers in Easton, Bethlehem, or Allentown, Pennsyvlania, the end of the work day means a sore back.   The worker generally goes to his/her home and gets rest and is able to continue work the next day with minor discomfort.  However, a worker who suffers a herniated disc generally experiences a worsening of low back or neck pain as the days go on and eventually is required to seek medical attention.

For most workers, the words, “herniated disc” is a medical term that they heard other workers mutter, but do not truly understand the basic medical condition.  An excellant website for injured workers is . The website contains excellant animations which are easy to follow is http://www.spine-health.com/.

For an injured worker, it is important to understand the function of a disc. A vertebral disc is both a “spacer” and a “cushion” for the vertebreal bodies. Basically, every worker has vertebrea (back bones) which are fit together like a puzzle. Between each bone, the disc acts as a spacer which allows the nerve roots to exit the spinal column and travel to the rest of the body (including the workers arms and legs). The disc itself has two main components, a nucleus and an annular fibrosis. I often tell injured workers to think of it as a jelly donut. Doctors often say the consistency of the disc is similar to crab meat. When a disc breaks (or herniates), it loses its ability to act as a spacer, which in turn causes pressure on the exiting nerve roots. This pressure on the nerve roots causes severe pain. For the injured worker, this type of pain is not like anything he or she has experienced in the past. For a herniated disc in the neck, the injured worker generally experiences a shooting pain down one or both arms. For a herniated disc in the low back, the injured worker generally experiences pain down one or both legs. This shooting pain or sensation is called “radiculopathy”.As an injured worker, it is critical that you request an MRI from your treating doctor. An MRI is an excellant test to determine the presence of a herniated disc. X-rays or Ct-Scans do not clearly show the discs since the disc is not made of bone (discs are only made of soft tissues). Once an MRI confirms a herniated disc, the injured worker should immediately seek the help of an orthopedist. An Orthopedist is a doctor who specializes in bone, muslce, and tendon injuries and will be able to properly treat the injury.In summary, an injured worker in Easton, Bethlehem, or Allentown should perform his or her own research on their injuries to become better educated on the medical terminology. Too often an injured worker is required to become more involved in the medical aspects of their case to get medical care approved by the insurance companies.

THE FOREGOING IS A GENERAL DISCUSSION ON MEDICAL TERMINOLOGY AND LEGAL ASPECTS OF A COMPENSATION INJURY. SHOULD YOU HAVE A SPECIFIC MEDICAL QUESTION, PLEAES CONSULT A PHYSICIAN. SHOULD YOU HAVE A SPECIFIC LEGAL QUESTION, PLEASE CONTACT OUR OFFICE AT (610) 258-5995 OR (908) 454-3200.

Residents of Allentown, Bethelehem, and Easton, may be required to attend different compensation courts.  When a worker suffers a work injury or accident, the workers compensation generally admits the claim and provides some form of medical care.  However, there are various instances when a work injury requires you to attend court proceedings.  As a housekeeping matter, where would a resident of Allentown, Bethlehem, or Easton, have to go?

 For all Allentown injured workers, you would be required to attend the Allentown Workers Compensation Court located at ??  Basically, this location is at the bottom of the hill on Hamilton Blvd.  The building is a one level gray building on the right hand side.  This building is the headquarter building for all Workers Compensation Judges in the your area.

However, if you are an injured worker and live in Easton or Bethlehem Pennsyvlania, you will be required to attend a “roaming” workers compensation court or a satellite court.  The Court is located in the Northampton  County Courthouse and hearings are normally held in Court Room 8. 

 Based on the foregoing locations, an injured work in Allentown, Bethlehem, or Easton Pennsyvlania will not have to travel over 15 miles to attend anyone court. 

[THE FOREGOING IS A BRIEF LEGAL DISCUSSION ON THE LAW AND IS NOT INTENDED TO BE A SUBSITUTE FOR SPECIFIC LEGAL ADVICE.  IF YOU HAVE A SPECIFIC QUESTION, PLEASE CONTACT MY OFFICE.]

If you reside in Allentown, Pennsylvania and suffer an injury at work, you may be required to attend a workers compensation court. 

 As many people know, there are two different options under the typical New Jersey automobile insurance policy which affect your right to sue a negligent driver who causes a motor vehicle accident resulting in pain, suffering and disability to yourself or a family member.

The “no limitation on lawsuit threshold” allows you or any resident family member covered under your policy to sue a negligent driver for any kind of injuries, whether serious or minor.  By having selected the “no limitation on lawsuit threshold” option under your insurance policy, you basically have incurred slightly higher premiums in exchange for the unlimited right to sue a negligent driver.  However, unless you affirmatively select this option, your insurance company or agent will give you the “limitation on lawsuit threshold” option, perhaps without even discussing this selection with you.

While the “limitation on lawsuit threshold” option may save you a few premium dollars, you will not be able to successfully prosecute a civil lawsuit against a negligent driver for pain, suffering and disability unless one of the following types of injuries are sustained in the motor vehicle accident: death; dismemberment; loss of a fetus; significant disfigurement or scarring; displaced fractures; permanent injury (defined as an injury that has not healed to function normally and will not heal to function normally with further medical treatment).

The “limitation on lawsuit threshold” is designed to eliminate the typical “whiplash” or sore neck/sore back claims by requiring that a doctor certify in writing, based upon proper diagnostics, that a soft tissue injury or simple fracture is permanent in nature and will not heal to function normally with further medical treatment.

The problem with selecting the “limitation on lawsuit threshold” or simply not making a selection under your policy and automatically being given the “limitation on lawsuit threshold” is that you or your loved ones could sustain injuries which are quite serious and painful, yet not meet the strict legal test of being permanent in nature.  Accordingly, in addition to having sufficient liability insurance coverage and uninsured/underinsured motorists coverage (we recommend at least $500,000 for each), you should select that “no limitation on lawsuit threshold” option so that you and your family members retain the right to sue for pain, suffering and disability, even if the injuries are not permanent in nature and the other categories of injury are not met.