May 2023

Michael A. Luongo | May 25, 2023

Do I Need a DUI Lawyer?

I get my fair share of questions about DUIs. Of course, one of the most common questions is, do I need a DUI defense lawyer? But there are numerous others. So I've included them below in hopes that it may assist those searching for answers during a tough time.

What Constitutes Driving Under the Influence?

Before we know whether you need a DUI defense lawyer, let's learn what "driving under the influence" means. DUI stands for driving under the influence of a substance that can impair your ability to drive safely.

In many cases, this means drinking alcohol. However, it can also mean drugs such as marijuana, cocaine, opioids, prescription medications, and over-the-counter medications.

Benefits of a DUI Defense Lawyer

The benefits a top Pennsylvania DUI lawyer can provide throughout your case are invaluable.

They have in-depth knowledge of state laws, legal procedures, and strategies to challenge DUI charges. In addition, a DUI defense lawyer can evaluate the evidence, identify potential weaknesses in the prosecution's case, and negotiate with prosecutors for reduced charges or penalties.

They can represent you in court to fight for your rights and work towards the best possible outcome if necessary. So it’s safe to say that having a top PA DUI defense lawyer on your side is a strong bet.

What are the Consequences of a DUI in Pennsylvania?

A DUI conviction can have significant consequences in Pennsylvania. These may include:

license suspension
large fines
mandatory alcohol education programs
probation
community service
possible jail time
points on your license
increased auto insurance rates

Legal Limits for Blood Alcohol Content (BAC) or Breathalyzer Test in PA

In Pennsylvania, the legal limit for blood alcohol concentration (BAC) or breathalyzer is as follows:

Drivers under 21: Pennsylvania has a zero-tolerance policy for drivers under 21. Any detectable amount of alcohol above .02% in their system via blood or breathalyzer test can lead to a DUI charge.
Drivers aged 21 and older: A BAC or breathalyzer test result of 0.08% or higher is considered above the legal limit for DUI.
Commercial drivers: The legal limit is lower at 0.04% BAC or breathalyzer test result or higher.

Note that even if your BAC is below the legal limit, you can still be charged with a DUI if your ability to operate a vehicle safely is impaired by alcohol or drugs. A DUI defense lawyer can help determine the accuracy of the breathalyzer test.

Talk with a DUI Lawyer Even for a First-Time Offense

Even first-time offenders can face steep penalties for a DUI. For example, a BAC between 0.08% and 0.099% can result in:

a probationary period
enrollment in an alcohol education program
fines ranging from $300 to $5,000
potential license suspension of up to one year

However, penalties can increase for higher BAC levels, prior convictions, or if minors were in the vehicle during the offense.

How Long Does a DUI Stay on Your Record in Pennsylvania?

A DUI conviction can stay on your record for a significant time. In most cases, a DUI conviction remains on your criminal record permanently.

This can have long-term consequences, potentially affecting future employment opportunities, professional licenses, and personal reputation. It highlights the importance of seeking the legal guidance of a top DUI defense lawyer to explore potential options for minimizing the impact of a DUI conviction.

Can I Refuse a Breathalyzer Test in Pennsylvania?

Yes, you have the right to refuse a breathalyzer test.

However, refusing a breathalyzer test triggers the state's implied consent law. This law allows the Department of Transportation to impose penalties, such as license suspension, even if you are acquitted of a DUI.

So, it’s advisable to consult with a DUI defense lawyer to understand the potential consequences and legal implications before deciding on breathalyzer testing.

Does a DUI Conviction Affect Auto Insurance Rates in Pennsylvania?

A DUI conviction can significantly impact your auto insurance rates in Pennsylvania.

Insurance companies consider DUI convictions as high-risk behavior, often resulting in increased premiums or the possibility of being denied coverage altogether. Additionally, after a DUI conviction, you may need an SR-22 certificate to demonstrate financial responsibility before your driving privileges can be reinstated.

It's crucial to consult with your insurance provider to understand the specific implications and explore options for managing the impact on your rates.

How Can I Find the Best DUI Defense Lawyer in Pennsylvania?

Finding the best DUI lawyer in Pennsylvania requires thorough research and consideration. Start by seeking recommendations from trusted sources, such as friends, family, or other legal professionals.

Online directories and legal association websites can also list experienced DUI defense lawyers in your area. Read reviews and testimonials, and visit their websites to assess their expertise, credentials, and success rates.

Schedule consultations with potential lawyers to discuss your case and evaluate their understanding, approach, and level of personal attention they can provide.

Call Our Law Offices if You’re Facing a DUI Charge

A DUI offense is no laughing matter. You face severe, long-term consequences in Pennsylvania. So, the answer isn’t whether you need a DUI defense lawyer. It’s how quickly you should contact one.

We have law offices in Norristown and Doylestown, PA. Our DUI lawyers have experience dealing with Pennsylvania laws and can work with you to get the best outcome. Don’t wait. Contact us today.

Tom Gabor | May 16, 2023

Jacob Limaldi Joins High Swartz LLP as Summer Law Clerk

High Swartz LLP is pleased to announce that Jacob Limaldi, (Charles Widger School of Law, Villanova '24) has joined the firm's business and corporate law group as a summer law clerk. His impressive background and achievements make him a valuable addition to the firm. Welcome Jacob!

Originally from Toms River, New Jersey, Jacob attended Toms River High School South, where he was a member of the school's swim team. His dedication led him to become a one-time state record holder, earning recognition from USA Swimming as a Scholastic All American and Scholar Athlete of the Year. These accomplishments demonstrate Jacob's discipline, and dedication—qualities that will undoubtedly translate well into his legal career.

Jacob pursued his undergraduate studies at Yale University, where he obtained a Bachelor of Arts degree in Political Science. During his time at Yale, Jacob not only excelled academically but also participated in the university's men's Varsity swim team. Moreover, Jacob's passion for learning and intellectual growth led him to be selected as a William F. Buckley Jr. Fellow. This prestigious fellowship recognizes students who exhibit exceptional intellectual curiosity and a commitment to exploring diverse ideas. Additionally, Jacob was honored as a Yale Club of New York City Scholar, highlighting his academic achievements.

Following his undergraduate studies, Jacob gained valuable experience at Paul Hastings LLP's New York City law office. As a corporate paralegal in the Alternative Lending & Private Credit Group, Jacob provided counsel to private lenders and financial sponsors specializing in secured credit facilities. His time at the firm not only allowed him to develop a comprehensive understanding of corporate law but also honed his skills in delivering sound legal advice to potential clients.

Outside of his professional endeavors, Jacob generously devoted his free time to volunteering with Minds Matter NYC as a writing tutor. This organization supports high school students from lower-income families in the New York City area by providing them with educational resources.

Currently pursuing his JD at the Charles Widger School of Law, Villanova University, Jacob actively contributes to the legal community. As a member of the Corporate Law Society Executive Board, he collaborates with fellow students and professionals to enhance their understanding of business law. Additionally, Jacob has been recognized as a BARBRI Law Preview Scholar, which prepared him for the rigors of law school. Furthermore, he participates in the Graduate Student Peer Mentorship Program, where he provides guidance and support to his peers, fostering a collaborative and inclusive environment.

With his well-rounded background, passion for business law, and dedication to his studies, Jacob is poised to make significant contributions to High Swartz LLP's business and corporate law group. The firm looks forward to the fresh insights that Jacob will bring as he continues to pursue his legal education at Villanova and beyond.

High Swartz | May 9, 2023

Prenups: What You Need to Know

Many couples shy away from the idea of prenups because they think it's unromantic or that it indicates a lack of trust. But the real truth is that having a prenup lawyer draft a well-prepared agreement can provide peace of mind for both parties. In this blog, we'll explore the value of prenuptial agreements and answer some common questions about them.

Can I Write My Own Prenup?

In theory, yes, you can write your prenup. However, it is essential to remember that prenups are legal documents and must comply with Pennsylvania law to be enforceable. Consequently, a prenup that is poorly written or doesn't follow the law could be invalidated by a court.

Additionally, DIY prenups are more likely to contain errors or omissions that could cause problems. So I recommend couples work with a family lawyer to draft their prenup.

What Should Prenuptial Agreements Include?

A prenup should include provisions that address the couple's financial and property rights in the event of divorce or separation. This might include:

How assets and debts will be divided
Whether spousal support will be paid and how much
How property acquired during the marriage will be divided
How property brought into the marriage will be treated
Whether one or both spouses will have the right to live in the marital home
How retirement accounts and other financial assets will be handled

It is important to note that a prenup cannot include child custody or child support provisions. These issues are decided by a court based on the child's best interests at the time of the divorce or separation.

Do You Need Two Lawyers for a Prenup?

While Pennsylvania law does not require each party to have a prenup lawyer, it is highly recommended. For instance, utilizing the assistance of a family lawyer for each partner can help ensure that each party's rights are protected and that the prenup is fair and enforceable.

Additionally, if one party later challenges the prenup in court, having separate prenup lawyers can help demonstrate that each party understood the agreement's terms and entered it voluntarily.

Can You Create and Sign a Prenuptial Agreement after You're Married?

Yes, you can create and sign a postnuptial agreement after marriage. A postnuptial agreement is similar to a prenuptial agreement but is signed after the couple has married.

Can Catholics Get a Prenup?

Yes, Catholics can get a prenup. However, the Catholic Church does not recognize prenuptial agreements as a means to dissolve a valid marriage or to determine the custody of children. So, if a couple is Catholic, they may want to consult with their church before creating a prenup.

Is Common Law Marriage Real?

Yes, common law marriage is an actual legal concept. Common law is a form of marriage recognized in some states when specific criteria are met.

Is Common Law Marriage Valid in Pennsylvania?

No, common-law marriage is not valid in Pennsylvania. However, Pennsylvania recognizes common law marriages established in other states where it is legal.

Do You Need a Prenup for Common Law Marriage?

While a prenup is not necessary for a common-law marriage, it can be beneficial in establishing the rights and obligations of each spouse. This can be especially important if the couple has significant assets or debts or wants to clarify their expectations regarding property division or spousal support during separation or divorce.

However, it's important to note that the terms of a prenup may not supersede the laws of a particular state, so it's essential to consult with a prenup lawyer to ensure that any agreement is legally enforceable.

What States in the USA Recognize Common Law Marriages?

As of 2023, only a handful of states in the USA recognize common-law marriage. The conditions that recognize common law marriage are:

Alabama
Colorado
District of Columbia
Georgia (if the relationship began before 1997)
Idaho (if the relationship began before 1996)
Iowa
Kansas
Montana
New Hampshire (inheritance only)
Ohio (if the relationship began before 10/10/91)
Oklahoma
Pennsylvania (if the relationship began before 2005)
Rhode Island
South Carolina
Texas
Utah

The requirements for establishing a common law marriage vary by state. For example, in some states, couples must cohabit for a certain period, often several years, and hold themselves out as married.

In other states, common law marriage can be established through mutual agreement, among other factors. Moreover, in states where common law marriage is recognized, not all rights and benefits of marriage are automatically conferred upon the couple.

Contact a Family Lawyer Today to Discuss Your Prenup.

In summary, a prenup can be a valuable tool for couples who want to protect their assets and plan for the future. While it is possible to write your own prenup, working with a prenup lawyer can help ensure it complies with Pennsylvania law and is fair to both parties.

If you are considering a prenup, I encourage you to contact a family lawyer to discuss your options. High Swartz has law offices in Doylestown and Norristown, PA. Our attorneys at law can help draft a prenuptial agreement that complies with Pennsylvania laws.

High Swartz | May 5, 2023

Family Lawyer Caitlin Foley Esq. Joins Our Norristown Law Office

Family lawyer Caitlin Foley Esq focuses on divorce, custody, support, and mediation. She is a certified mediator with the American Council of Mediators and founded the mediation practice at her previous firm. Caitlin primarily works with clients in the Philadelphia region and its suburbs.

Caitlin attended Villanova University's Charles Widger School of Law, where she gained valuable experience and insights into family law practice. In addition, she interned with Embrace Families, focusing on child welfare and foster youth issues. She was also active in the Pro Bono Society and the Coalition Advocating for Human Rights and Dignity, where she developed a strong sense of social justice and a commitment to helping others.

While at Villanova, Caitlin also completed an internship with Community-Based Care of Central Florida. She researched the unique issues affecting foster youth and participated in initiatives to improve the foster care system. She also gained experience in family law by working in the Villanova Federal Tax Clinic, helping clients with issues related to adoption, termination of parental rights, dependency, delinquency, and more.

In addition to her legal work, Caitlin is an active member of the Doris Jonas Freed American Inn of Court, where she collaborates with other attorneys to stay up-to-date on the latest legal issues and developments. She was born and raised in the area, and her extended family still resides here.

She joins our family law practice in our Norristown, PA, law office.