February 2017

Thank you readers for your generous referrals. You truly are the best and we do appreciate your referral of INJURY cases to us.

Congratulations to Mark A. on winning last month’s contest and a $50 cash prize.

Now for your chance to win $50 cash: How many days are in a Leap Year? Good luck!

A Second Way To Win $50 In Addition To The Above:

Just call us at 412-281-8700 and give Mary your email address. That will qualify you for our $50 cash drawing when we pick 1 name out of a hat to win the $50. You can even email your email address to her at mary.tullylaw@verizon.net.

Injury Law Corner

In an auto accident case, does the jury decide all issues including whether the injured victim should get any $$  or not? No. It is the Judge who decides many of the issues concerning what a jury even hears. For example, we may file something called a Motion In Limine prior to the jury hearing any evidence. We might ask the Judge to rule that nothing about your prior injury is admissible in your trial. If the Judge rules in our favor, then the jury never even hears about it!

Do Attorneys In Injury Cases Know How The Judge Is Going To Rule On A Legal Issue Beforehand?

Sometimes people think the Judge and the attorneys talk about how her ruling is going to go before it is announced in Court. Wrong. I was in Court in Somerset County on a case recently. The Judge heard all the evidence and then recessed. The Judge came out about ten minutes later and announced the decision in open Court. Neither attorney had a clue how the Judge was going to rule.

Criminal Law Corner – Random Drug Testing

More Judges in Allegheny County and surrounding Counties are routinely doing a mandatory urine testing of defendants on the day of their hearing or at sentencing. If you have a criminal case, you want to be absolutely sure that you are drug free on your trial date. There is a real good chance you are going to be urine tested.

Criminal Law Question

Okay all you Legal Eagles. If a police officer comes up to you and asks you for identification, and asks questions like what is your name, where do you live, etc., do they have to give you your Miranda rights? This question comes up a lot from clients who are charged with a criminal offense. The answer is no. The police do not have to give you your Miranda rights for basic questions like your name and address, etc. That is considered in the law something called a “Mere Encounter” and does not trigger Miranda rights.

Criminal Law Question Follow Up

So the police stop you and start asking you questions like the above ones. Can they randomly do that without any level of suspicion against you? Yes they can. Do you have to answer them? No. Surprisingly, you don’t even have to stay there with the police officer. You can just walk away. But who among us would really do it?

Ever Wonder Why Department

Who gets to sit at the table closest to the jury? Well it has to do with the burden of proof. In a criminal case the police get to sit at the table closest to the jury. The reason for that is the Commonwealth has the burden of proof in your case beyond a reasonable doubt. In a civil slip and fall or auto accident case, we get to sit closest to the jury. Why? Again, it is because we have the burden of proving our case by a preponderance of the evidence. Hope that little tidbit of information helps at your next cocktail party! See the advantage of reading this Newsletter? LOL

Job Interview Help – Wage History Questions

Wage history questions may soon be gone during a job interview. As everybody knows when you go for a job interview, the employer asks how much money you are making at your current job. They use that as a basis for deciding how much they should pay you. However, Philadelphia has just passed the Wage Equity Bill which outlaws this practice. It is very likely that this will come to Pittsburgh real soon as the law. There are 2 sides to this issue. What do you think?

Pens Question

Okay, forget all that legal stuff. How do you think the Pens will do in the playoffs? Go Sid!

Joke Corner – 2 Stupid 1 Line Jokes!
1. Why did the scientist install a knocker on his door?
Because he wanted the No Bell Prize!

2. Why did the bee get married?
Because he found his honey!

Happy Valentines Day To Everyone!

Your attorney & friend,
Bernard M. Tully, Esquire