Wolfe, Rice & Quinn, LLC Wolfe Rice & Quinn, LLC2026-09-30T17:16:59Zhttps://www.wolfeandrice.com/feed/atom/WordPress/wp-content/uploads/sites/1201121/2019/12/cropped-512-32x32.pngOn Behalf of Wolfe, Rice & Quinn, LLC<![CDATA[Illegally obtained evidence may be excluded from court]]>https://www.wolfeandrice.com/?p=497182026-09-30T17:16:59Z2026-09-30T17:16:59ZIf you are facing criminal charges, the police will gather evidence while building a case against you. You may be interested in discovering if there are any ways to have that evidence excluded from court, knowing that doing so reduces the chances you will be convicted.
One way to do this is to show that the evidence was illegally gathered. If the police officers broke key procedures or even broke the law, they may not be able to use that evidence in your case. This is true even if the evidence would otherwise be incriminating and is highly likely to lead to a conviction.
An illegal search
One way that this happens is if the police conduct an illegal search of a person's property. Say that they search your home without first getting a proper search warrant or your consent, for example. While in your home, they find clearly incriminating evidence that can be linked to you.Under the fruit of the poisonous tree doctrine, because that evidence was illegally obtained, it has therefore been tainted. The police may be forced to remove it from the case. If they had taken the time to get a search warrant to do things correctly, they would have had an easy conviction. But by removing that evidence, they may barely have a case against you at all.This is just one example of how misconduct by the police can undermine a case. It is an important thing to consider as you look into all of your legal defense options. When facing serious charges, it can help to work with an experienced defense attorney. ]]>On Behalf of Wolfe, Rice & Quinn, LLC<![CDATA[Can your spouse force you out of the house during divorce?]]>https://www.wolfeandrice.com/?p=497152026-09-21T21:22:43Z2026-09-21T21:22:43ZThey can’t force you out on their own
Generally, one spouse cannot force the other to leave the marital property while the divorce is underway. This usually applies even when the home is only in one person’s name -- for the meantime at least.
That can change when one spouse successfully petitions a court to issue an order of protection. This court order will likely mandate that the other spouse cannot come within a specified distance of the home, let alone continue living in it.
Nevertheless, many spouses do choose to move out to make life easier. It’s important to consider that decision carefully - especially if you share children. You don’t want to leave yourself at a disadvantage going forward. Plus, being able to spend time with your children at what will be an extremely difficult moment for them is important.
If you move out, your spouse may be able to do things such as access your personal possessions or sell off items without you realizing. They may also try to influence any children you share, telling them that you wanted to leave or that the divorce is all your fault.
That’s not to say that this will happen. Many spouses do find an arrangement where one moves out without the other trying to take advantage of it.
Often, the best thing to do is to seek clarification of your options and the pros and cons of different choices from someone with the necessary legal experience and knowledge.]]>On Behalf of Wolfe, Rice & Quinn, LLC<![CDATA[Why might a medical diagnosis require updating your estate plan?]]>https://www.wolfeandrice.com/?p=497132026-09-08T21:41:27Z2026-09-08T21:40:22ZEnsure that all of your assets are included
If your diagnosis is not good, it is wise to review your estate plan to ensure that you have included all of the things you own. The more complete the plan is in its inclusion of assets, the less chance there is of delays or fallouts over who should get a particular item. Remember, too, to remove assets you no longer own, as their continued inclusion could also lead to delays and confusion.
Check those named in your estate plan
A thorough estate plan will name people to certain roles. For example, an estate executor, one or more people with powers of attorney (POA), and, if you have minor children, a guardian for them.
Double-checking to be sure that you have documented your choice of people for these roles and that those choices are still suitable can provide peace of mind for you and your loved ones. For example, perhaps you had previously named your sister to have POA, but she has started to show the first signs of dementia, so you need to replace her.
The same applies to your beneficiaries. Maybe you need to add a new grandchild into the asset split or remove someone who recently died.
Add any relevant directions on treatment decisions
Finally, if serious medical issues are a new reality, then you should consider adding notes to your advance health care directive on decisions that may need to be made concerning them.
For example, if there is a strong chance that a decision may need to be made as to whether to end life-prolonging measures when you’re not conscious, you can state under what circumstances you want that. This will save others from having to make that decision if you’re unable to.
Experienced legal guidance can help you to make sure that your estate plan is suitable for your new reality.]]>On Behalf of Wolfe, Rice & Quinn, LLC<![CDATA[What gives police reasonable suspicion for a DUI stop?]]>https://www.wolfeandrice.com/?p=497122026-08-22T22:52:48Z2026-08-22T22:52:48Zreasonable suspicion” that the driver is not sober before they can pull them over. If the officer cannot, then the stop itself – and everything that results from it – may be unlawful and inadmissible in court.
Driving behaviors that may create reasonable suspicion
Certain actions may suggest that a driver is having difficulty safely controlling a vehicle. Examples include observation that a driver is:
Weaving repeatedly in the road’s lanes
Drifting across yellow lines or onto the road’s shoulder
Driving significantly below the speed limit without an apparent reason
Speeding up or slowing down unpredictably
Braking for no apparent reason
Nearly striking another vehicle, pedestrian, mailbox or pole
Driving on the wrong side of the road
Making an unusually wide, abrupt or illegal turn
Straddling the center line or driving between lanes
Driving at night without headlights
Following another vehicle too closely
Signaling inconsistently with the vehicle’s movements
Running a red light or stop sign without even slowing
Driving away from a bar or event venue in an erratic manner
Found asleep or unconscious behind the wheel of a stopped vehicle
Police can also lawfully stop a vehicle when they’ve received a credible report of a driver who is acting erratically or seems impaired, such as happens when others on the road call 911 to leave a tip.
One mistake doesn’t make necessarily create reasonable suspicion
Many driving mistakes have innocent explanations. A driver may briefly cross the yellow line, for example, while avoiding a pothole, slow down because of poor visibility or brake suddenly when an animal enters the road. A momentary mistake may not establish reasonable suspicion by itself, particularly when the driver otherwise operates the vehicle safely.
If you believe that an officer lacked reasonable suspicion for the initial stop that resulted in your DUI charge, a DUI defense attorney may be able to challenge the stop and seek to suppress evidence obtained afterward as part of your defense.]]>On Behalf of Wolfe, Rice & Quinn, LLC<![CDATA[Do children get a say in custody decisions?]]>https://www.wolfeandrice.com/?p=497082026-08-05T14:03:07Z2026-08-05T14:03:07ZThere are cases in which a child may be given a say in a custody decision, such as when that child’s parents are going through a divorce and dividing up physical and legal custody rights. That said, children do not have the authority to unilaterally make these decisions on their own.
Generally speaking, when a court makes a custody determination, it tries to uphold a legal standard that focuses on what will be in the best interests of the child. In some cases, one of the factors the court will weigh is if the child themselves has a preference.
The child’s age makes a difference
One of the main things to consider is simply how old the child is. Older children may be given a chance to state their preference, but younger children often are not.For instance, if a couple has a toddler, the court likely will not let them weigh in on the custody decision to begin with, but will instead look at factors like the parents’ roles in the child’s life, the parents’ living situations, their mental and physical health, and their ability to provide the care that this young child needs.If the parents have a teenager who is a junior in high school, however, then the court may listen if they have a preference of which parent they would like to live with. But even that does not mean that the court is obligated to agree with the child’s decision or uphold their preference. It is still just one factor out of many that they will consider as they look into the child’s best interests.
Navigating a custody decision
Dividing custody of children during divorce can be very complex. Parents must know what legal steps to take and what rights they have at this time.
]]>On Behalf of Wolfe, Rice & Quinn, LLC<![CDATA[How are marital assets divided in Pennsylvania?]]>https://www.wolfeandrice.com/?p=497072026-07-23T06:51:36Z2026-07-23T06:51:36ZOne of the biggest concerns people have during a divorce is how assets are divided. Who gets to keep the house? Where does the car go? What happens to all the debt?
All of these questions and more are answered by learning more about Pennsylvania’s equitable distribution model. Here is what you should know:
What is equitable distribution?
Equitable distribution means that marital assets are divided based on what is fair instead of an equal 50/50 division. This helps ensure each spouse keeps a portion of the marital estate based on their unique situation. Since every marriage is different, there are several considerations to consider when dividing marital assets equitably, including the following:
How long was the marriage?
How old is each spouse?
What is the income and earning capacity of each spouse?
How much debt does each spouse have?
How did each spouse contribute to the marriage?
What is the standard of living for each spouse during the divorce?
What is the health of each spouse?
Are there tax considerations?
These considerations can help determine how marital assets are divided.
What assets are not distributed during a divorce?
There are some assets that are not divided during a divorce. For instance, gifts given to a spouse and inheritance are typically not considered part of the marital estate. Assets that were brought into a marriage are typically considered separate property. Additionally, prenuptial or postnuptial agreements can help determine how the marital estate is divided. Professional legal guidance can help determine how marital assets are divided during a divorce.]]>On Behalf of Wolfe, Rice & Quinn, LLC<![CDATA[Understanding intent in Pennsylvania assault cases]]>https://www.wolfeandrice.com/?p=497032026-07-15T23:05:03Z2026-07-15T23:05:03Zassault charges can strengthen your case significantly. The information below is a good place to start.
How Pennsylvania defines intent
Pennsylvania recognizes several mental states in assault cases that may affect how a charge is classified and how the prosecution builds its case.
Purposeful conduct: Involves actions taken with a clear objective to cause bodily injury
Knowing conduct: Occurs when a person understands that harm is practically certain to result from their actions
Reckless conduct: Involves behavior that disregards a substantial and unjustifiable risk of injury.
Courts look to the evidence to determine which mental state applies in a particular case.
Types of evidence
Many cases hinge on the type and quality of evidence presented. Different forms of proof can help or harm a defendant.
Witness statements may describe behavior, tone or actions that suggest a particular mental state.
Physical evidence can show how an incident unfolded and whether injury was likely or intended.
Digital evidence may hold clues that reveal a person’s mindset or place them elsewhere at the time of the assault.
A thorough legal review of the evidence helps determine the strength of the prosecution's case and what defense strategies to consider.
Intent is not always straightforward and certain circumstances create uncertainty that courts must resolve. For example, alcohol use may cloud judgment and raise questions about the defendant's awareness during the encounter.
Legal support can help you sort the evidence and put the pieces together, potentially casting doubt on your guilt and improving the odds of a favorable outcome.]]>On Behalf of Wolfe, Rice & Quinn, LLC<![CDATA[Choosing the right agent when drafting powers of attorney]]>https://www.wolfeandrice.com/?p=497022026-06-28T20:32:06Z2026-06-28T20:32:06ZWho can serve as an agent?
Technically, any competent adult can potentially act as an agent on behalf of another person with valid power of attorney paperwork. However, not everyone can readily manage complex financial matters competently.
Additionally, some people might abuse their authority for personal gain, which can have devastating consequences for the principal who drafted the documents. Many people who might be trustworthy and competent live too far away, have serious medical challenges or have personal obligations that might prevent them from effectively acting as an agent.
Choosing people who live nearby, who have a history of responsible behavior and who are healthy enough to realistically offer support for the indefinite future may require a careful evaluation of friends and family members. It is also important to discuss the decision with the potential agent to ensure they agree to take that authority if their support ever becomes necessary.
Working with a lawyer when creating powers of attorney can help people ensure their documents offer them adequate protection. The agent nominated in the paperwork is one of the most important elements of powers of attorney.]]>On Behalf of Wolfe, Rice & Quinn, LLC<![CDATA[3 options for establishing paternity in Pennsylvania]]>https://www.wolfeandrice.com/?p=496972026-06-15T14:38:10Z2026-06-15T14:38:10Zformal legal process through which Pennsylvania acknowledges a man as a father. There are several different ways for new fathers to protect their rights and ensure official recognition as a parent.
What are the most common ways to establish paternity in Pennsylvania?
1. Through marriage
Married men benefit from an automatic presumption of paternity. When their wives become pregnant or give birth during the marriage, the state automatically includes them on the birth certificate. Married men have the right to request visitation or shared custody if they separate from or divorce their wives.
2. Through mutual acknowledgment
Unmarried couples can sign documents together to confirm a man's paternity. An Acknowledgment of Paternity filed with the state can ensure that a birth certificate includes a man's name. Parents can also acknowledge paternity well after the birth and have the existing birth certificate amended.
3. Through court proceedings and genetic testing
Sometimes, there are questions about who father to child. Other times, a mother may not voluntarily agree to acknowledge a man's paternity. In such cases, men can ask the courts to intervene. Court-ordered genetic testing can validate a man's paternity, which can allow him to seek joint custody or visitation.
Working with an attorney can help fathers understand and make use of their legal rights. The process of establishing paternity can be complicated, making legal guidance important for the fastest and best resolution possible.]]>On Behalf of Wolfe, Rice & Quinn, LLC<![CDATA[What if family members can’t find a will?]]>https://www.wolfeandrice.com/?p=496962026-06-06T02:27:10Z2026-06-06T02:27:10ZContact the decedent’s attorney
Even if there is no will included in an individual's personal documents, their attorney might have the document. They might also be aware that the testator previously revoked a prior version of their will. The information that they have can help families locate documents or move forward with estate administration without the will.
Initiate probate proceedings
Once people have validated that no will exists by checking the decedent’s home and belongings and contacting any attorney they worked with while alive, surviving family members can initiate intestate probate proceedings.
They will need to affirm the absence of a will in court. Then the distribution of property follows intestate succession law. When there is no will, spouses, children and other immediate family members typically inherit everything from the estate.
Those expecting to inherit from an estate or assist with administering it may need guidance when there are unexpected issues that arise, such as the inability to find a will. Getting experienced legal guidance can help people ensure that they fulfill all of their legal obligations, regardless of whether or not there is a will to guide the process.]]>