Q: What typically happens right after a DUI arrest in Huntingdon County?

• At the time of arrest for suspicion of driving under the influence, law enforcement will usually transport you to a hospital for a blood draw. The blood sample is sent to a laboratory for testing. “Per se” DUI charges (based on blood-alcohol content or presence of controlled substances) are generally not filed until the lab results are received.

Q: Where am I taken after the blood draw?

• Law enforcement typically transports you to the Huntingdon County Jail for processing, which includes fingerprinting and other booking procedures. Unless you have multiple prior DUIs, you are usually released after the blood draw and fingerprinting. You will later be notified of the formal charges by mail through a criminal summons.

Q: What is included in the summons I receive?

• The summons will include a date and time for “Waiver Court,” which is held on Wednesday afternoons at Central Court (located in the basement of the Bailey Building in Huntingdon County).

Q: What is Waiver Court and what happens there?

• Waiver Court is your initial appearance in the lower (magisterial) court. You will be asked whether you want to proceed with a preliminary hearing or waive that hearing and have your case bound over directly to the Court of Common Pleas (trial court).

  • If you request a preliminary hearing, it will typically be scheduled for the following Wednesday morning or the week after, depending on witness and officer availability.

  • Regardless of your choice, the lower court will set bail conditions in your case.

Q: What bail conditions are common in Huntingdon County DUI cases?

• In Huntingdon County, all DUI and drug-related cases typically include a bail condition requiring participation in Pre-Trial Services, administered through the Huntingdon County Probation Department. You are not on probation at this stage. Pre-Trial Services will contact you to gather information and assist you in completing required evaluations.

Q: What evaluations are required before Formal Arraignment?

• You must complete a Drug & Alcohol evaluation and a CRN (Court Reporting Network) evaluation. Pre-Trial Services will work with you to schedule and complete these assessments. Your Formal Arraignment date in the Court of Common Pleas will be provided to you and your attorney during the waiver process.

Q: When is my Formal Arraignment?

• The Formal Arraignment date is included in the paperwork completed with your attorney at Waiver Court. This is the point at which you formally enter a plea in the trial court.

Q: Do I need an attorney for these proceedings?

• Yes. An experienced DUI defense attorney can help you understand your options at Waiver Court, decide whether to waive or request a preliminary hearing, ensure compliance with Pre-Trial Services requirements, and prepare a strong defense for your case. Early involvement of counsel often leads to better outcomes.

Important Disclaimer

These FAQs provide general information about the typical DUI process in Huntingdon County, Pennsylvania, based on standard procedures. Every case is unique and depends on specific facts, your criminal history, and other circumstances. This information is not legal advice. For advice tailored to your situation, please contact our firm to schedule a consultation.

Q: Do I really need a will?

• Yes. A Will allows you to decide who receives your property, who will administer your estate, and who will serve as guardian for your minor children. Without a Will, Pennsylvania law determines who inherits your property, which may not reflect your wishes.

Q: What happens if I die without a will?

• If you die without a Will (called dying "intestate"), Pennsylvania's intestacy laws determine who receives your assets. Depending on your family situation, your spouse may not inherit everything, and your children or other relatives may receive a portion of your estate. The Court will also appoint someone to administer your estate.

Q: What is a Power of Attorney?

• A Financial Power of Attorney allows you to appoint someone you trust to manage your finances and legal affairs if you become unable to do so yourself. This may include paying bills, managing bank accounts, handling real estate, filing taxes, or conducting other financial transactions on your behalf.

Q: What is a Healthcare Power of Attorney?

• A Healthcare Power of Attorney allows you to designate someone to make medical decisions for you if you are unable to communicate those decisions yourself. It also allows your chosen representative to communicate with your healthcare providers regarding your care.

Q: What is a Living Will?

• A Living Will sets forth your wishes regarding life-sustaining medical treatment if you are permanently unconscious or suffering from an end-stage medical condition. It helps guide your family and physicians during difficult medical decisions.

Q: What is a Trust

• A trust is a legal arrangement in which one person or institution manages property for the benefit of another. Depending on your goals, a trust can help avoid probate for certain assets, provide management for minor children or beneficiaries with special needs, protect privacy, or assist with tax and asset protection planning.

Q: Does everyone need a Trust?

• No. Many people can accomplish their estate planning goals with a properly prepared Will, Financial Power of Attorney, Healthcare Power of Attorney, and Living Will. Trusts are valuable in many situations, but they are not necessary for every estate. An attorney can help determine whether a trust is appropriate based on your assets and objectives.

Q: How often should I update my estate plan?

• You should review your estate planning documents every few years and whenever you experience a significant life event, such as marriage, divorce, the birth of a child or grandchild, the death of a beneficiary or fiduciary, purchasing substantial assets, or moving to another state.

Important Disclaimer

These FAQs provide general information regarding estate planning under Pennsylvania law. Every person's circumstances are different, and estate planning should be tailored to your individual needs and goals. This information is not legal advice. Please contact our office to schedule a consultation regarding your estate planning needs.

Probate and Estate Administration in Pennsylvania

What happens after someone dies?

One of the first steps is determining whether the deceased left a Will. If there is a Will, the person named as Executor will typically begin the process of opening an estate. If there is no Will, a family member may petition the Court to be appointed Administrator. The estate is generally opened through the Register of Wills in the county where the deceased resided.

Do I have to go through probate?

Not always. Many assets pass outside of probate, including jointly owned property with rights of survivorship, payable-on-death accounts, life insurance with named beneficiaries, retirement accounts with designated beneficiaries, and assets held in certain trusts. Whether probate is necessary depends upon the assets owned by the deceased.

What documents should I bring to meet with an attorney?

If available, you should bring:

The original Will

Death Certificate

Any trust documents

Bank and investment statements

Vehicle titles

Life insurance information

Retirement account information

Information regarding debts or outstanding bills

Do not worry if you cannot locate every document before our meeting. Most families do not have every document available immediately after a loved one's passing. We can help identify what documents are needed and obtain much of the necessary information throughout the estate administration process.

In many Pennsylvania counties, including Blair, Bedford, Centre, Huntingdon, and Mifflin Counties, the documents typically needed to open an estate are the original Death Certificate and the original Will, if one exists. Additional information and documentation can usually be gathered as the estate administration progresses.

How long does estate administration take?

Every estate is different. Simple estates may be completed within several months, while more complex estates involving real estate, tax issues, litigation, or multiple beneficiaries may take a year or longer. Pennsylvania law generally requires certain notices and waiting periods before an estate can be closed.

What does an Executor or Administrator do?

The Executor or Administrator is responsible for collecting estate assets, notifying beneficiaries and creditors, paying valid debts and taxes, preparing any required inheritance tax returns, and distributing the remaining assets to the beneficiaries in accordance with the Will or Pennsylvania law.

Will I have to pay inheritance tax?

Pennsylvania imposes an inheritance tax on many transfers at death. The tax rate depends upon the relationship between the beneficiary and the deceased. Certain transfers, such as those to a surviving spouse, are generally exempt. An attorney can determine what tax, if any, applies in your situation.

Do all debts have to be paid before beneficiaries receive anything?

Generally, yes. Before distributing estate assets, the Executor or Administrator should ensure that valid debts, taxes, and administration expenses have been addressed. Distributing assets too early can expose the personal representative to personal liability.

Buying, Selling & Transferring Real Estate in Pennsylvania

I'm buying or selling property. What's the first step?

One of the first and most important steps is putting the terms of the transaction into a written Agreement of Sale. The agreement should address the purchase price, deposit, financing, inspections, closing date, taxes, and other important terms. Having a properly drafted agreement can help avoid misunderstandings and disputes later in the transaction.

Can an attorney prepare my Agreement of Sale?

Yes. Our office regularly prepares Agreements of Sale for residential, commercial, vacant land, and private transactions. Many buyers and sellers negotiate a sale themselves without using a real estate agent, and we can prepare an agreement that accurately reflects the terms both parties have reached.

Should I contact an attorney before signing anything?

Yes. Once an Agreement of Sale is signed, both parties are generally bound by its terms. Having an attorney involved before signing allows legal issues to be identified early and helps ensure your interests are protected throughout the transaction.

What happens after the Agreement of Sale is signed?

After the agreement is executed, the parties work toward closing. Depending on the transaction, this may include obtaining financing, completing inspections, conducting a title search, preparing the deed and other closing documents, satisfying existing mortgages or liens, and scheduling settlement.

Can property be transferred without being sold?

Absolutely. Real estate is frequently transferred without a traditional sale. For example, parents may transfer property to their children, spouses may add or remove one another from a deed, property may be transferred into or out of an LLC or trust, or family members may simply wish to change ownership. Our office prepares deeds for these types of transfers on a regular basis and can advise whether transfer taxes or exemptions apply.

Do I need a new deed?

Yes. Whenever ownership of real estate changes, a new deed must generally be prepared, signed, and recorded. A properly prepared deed is essential to ensure ownership is transferred correctly and to avoid title issues in the future.

What is title insurance?

Title insurance protects buyers and lenders against certain title defects that may not be discovered during a title search, including recording errors, undisclosed heirs, forged documents, or unknown liens. Whether title insurance is appropriate depends upon the circumstances of the transaction.

What should I bring to closing?

Buyers should generally bring a valid government-issued photo ID and any funds required for closing if they have not already been wired. Sellers should bring a valid photo ID, all keys, garage door openers, and any other items requested before settlement. Our office will explain exactly what is needed before your closing date so there are no surprises.

Can I transfer my property to a family member without selling it?

Yes. Many real estate transfers do not involve a traditional sale. Parents often transfer property to children, spouses transfer property between one another, and individuals transfer property into business entities or trusts. These transfers still require a properly prepared deed and may have legal and tax consequences. Before transferring real estate, it is important to understand how the transfer may affect taxes, financing, Medicaid eligibility, and your estate plan.

Starting a Business in Pennsylvania

What type of business entity should I choose?

Choosing the right business entity is one of the most important decisions when starting a business. Common entity types include limited liability companies (LLCs), corporations, partnerships, and sole proprietorships. Each offers different advantages regarding liability protection, taxation, management, and ownership. The right choice depends on your business goals and individual circumstances.

What is the difference between an LLC, a corporation, and a partnership?

Each business structure has its own advantages and disadvantages.

LLCs generally provide liability protection while offering flexibility in management and taxation.

Corporations may be appropriate for businesses seeking outside investors, issuing stock, or operating with a more formal management structure.

Partnerships allow two or more individuals to operate a business together, but the level of liability protection depends on the type of partnership that is formed.

An attorney and accountant can help determine which structure best fits your business.

Do I need a written agreement if I own a business with someone else?

Yes. Whether you are forming an LLC, corporation, or partnership, owners should have a written agreement governing the business. Depending on the entity, this may be an Operating Agreement, Shareholders' Agreement, Partnership Agreement, or Buy-Sell Agreement. These documents establish ownership interests, management authority, voting rights, procedures for admitting or removing owners, and what happens if an owner dies, becomes disabled, retires, or wishes to leave the business.

Can I start a business by myself?

Absolutely. Many businesses are owned by a single individual. Depending on your goals, you may choose to operate as a sole proprietorship, form a single-member LLC, or establish a corporation. Each option has different legal and tax implications.

I already formed my business online. Do I still need an attorney?

Many online filing services simply file formation documents with the Commonwealth. They generally do not provide legal advice or prepare customized governing documents. Properly drafted Operating Agreements, Shareholders' Agreements, Partnership Agreements, Buy-Sell Agreements, and other legal documents can help prevent disputes and protect both the business and its owners.

What legal documents will my business need?

The documents your business needs depend on its structure and operations. Common documents include:

Operating Agreements

Shareholders' Agreements

Partnership Agreements

Buy-Sell Agreements

Employment Agreements

Independent Contractor Agreements

Non-Disclosure Agreements

Commercial Leases

Purchase and Sale Agreements

Corporate Minutes and Resolutions

An attorney can help determine which documents are appropriate for your business.

When should I speak with an attorney?

Ideally, before you begin operating the business. Proper planning at the outset can help avoid ownership disputes, contract issues, tax complications, and unnecessary legal expenses later.

Can my business documents be updated as my business grows?

Yes. Businesses evolve over time. Owners may be added or removed, ownership percentages may change, additional investors may join the business, or management responsibilities may shift. Your governing documents should be reviewed periodically to ensure they continue to reflect the needs and goals of the business.