Gusty A.E. Sunseri & Associates, P.C. Attorneys at Law Super Lawyers

August 2012 Archives

Looking for employment? CLEAR YOUR RECORD through Expungement

The United States unemployment rate is hovering around 8%. Social media and the internet allows your criminal record available to every employer. May jobs require Act33/34 clearances If fact, there is even an "App" called 'Docket on your Pocket', that allows your friends, or foe, to pull up any of your past indiscretions with the law, just by typing in your name The fact of the matter is that all criminal cases remain on record and, therefore, accessible to the public unless they are expunged. Scary huh! But what if the charges were dismissed or you were found not guilty? Are the charges still listed? Yes, they are. The disposition will also be cited, but I have had individuals who have lost jobs opportunities because they were in the wrong place at the wrong time - had the charges dismissed, but a potential employer still asked-"what's this about"? The bottom line is that if you have had a run in with the law, whether your fault or not, you should see if the charges are expugnable.

Protection from Abuse - How Do I Help My Child?

I previously wrote an entry about the options available for a victim of abuse to obtain a Protection from Abuse (PFA) order against his/her abuser. However, what if you aren't the victim, but your child is? Fortunately, the Protection from Abuse Act anticipates such a situation and permits a parent or guardian to file for a PFA on behalf of the abused child. The Court has the power to enter any order to prevent the abuse of a child.

Protection From Abuse (PFA)

Unfortunately, in the search for love and companionship, many people become involved in abusive relationships. I'm sure every one of us knows someone who has been in a situation like this and thinks, "If that were me, I'd get myself out of that relationship in a heartbeat." Sadly, it isn't always that simple and leaving an abusive relationship can be difficult considering the abused party may be afraid of what the abuser could do if he/she attempts to leave. If you were in an abusive relationship and wanted to get protection from your abuser, would you know where to start?

Keeping Litigation Risk in the Deck

As far as litigation is concerned, most studies show that 90% of civil cases are settled before they go to trial. One may assume that the main reason for that phenomenon is the outburst of social media and the prolific dissemination of information. As a result, people are more and more aware of the erratic, sometimes seemingly irrational, decisions made by juries or other triers of fact. In essence, there is just too much risk associated with putting the decision in the hands of others. Of course, because of the availability of the trial results, attorneys have become more effective on convincing their clients to compromise; however, even with the preceding being said, what is risk for the goose is risk for the gander-that is, both sides have risk. Accordingly, the risk card stays in the deck in negotiations with strength or weakness being determined by one word -leverage. Leverage is determined by evaluating the facts, applying the applicable law and comparing the opponent's relative leverage. Some attorneys are better than others in doing this assessment. Obviously, experience, preparation, tenacity and wit help and could make the difference, but there are no crystal balls and there is great risk in going to trial. It's all part of the leverage.

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If you need to speak with an attorney about an important legal matter, contact my law office in Pittsburgh, Pennsylvania. To schedule a free consultation, call 412-455-5388, or contact me by e-mail.

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Gusty A.E. Sunseri & Associates, P.C.

1290 Freeport Road
Pittsburgh, PA 15238

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Phone: 412-455-5388
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