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Feel Like Breaking Bad? Take the Preventive Steps to Avoid Unneighborly Behavior

May 12, 2016 By WKCLawBlog

breakingbad_image-300x223“Breaking Bad” – most recently the title to a popular television series starring Bryan Cranston – is an old colloquialism. Its meaning, “defy authority” and “skirt the edges,” is what many of us did as children when not getting our way. As a result, adults would step in and we children would learn a lesson.

Memories from such teachings should have helped us become more responsible adults, and better neighbors. But today, violence is all over the news, particularly in public places, churches and neighborhoods.

So, what have we learned?

True, no one can predict random violence in a public place. But can we not minimize violence or disputes at home, and in our neighborhoods?

Specifically, how do conflicts between neighbors start? How can we prevent these from spiraling into a legal nightmare or violence?

It’s important to start with the perspective that even the best of neighbors can have honest differences. Statistics show as many as one in three neighbors will, at some point, have a dispute or conflict. Most originate from simple issues, such as noise, boundary disputes, poor parenting, parking, shared driveways, fences, trespassing or pets. Each could become a source of conflict.

Over the years, I have seen and litigated lawsuits among neighbors. While my experiences have not provided answers to all situations, one common thread pervades: most can be traced back to a choice to escalate a dispute through bad judgment or retaliatory behavior.

As an example, you may have heard of instances where adjacent neighbors assert rival claims over the same area of property. In a recent situation, Neighbor One eventually determined to settle the matter through use of self-help. Neighbor Two was predictably outraged. What followed was a physical altercation, arrest, and separate lawsuits by each against the other.

Worse, each neighbor initially failed to consider that each still needed to live next door to the other. These people would no doubt have to face each other throughout the course of daily activities.

Of course, many of us might say Neighbor One set the stage by choosing the “self-help” route. But even that statement is problematic: when reduced to insisting our depravity is not as bad as the other guy’s, what does this “moral equivalence” argument indicate about our own actions?

In a recent news story, one man shot a neighbor over a surveillance camera, culminating from a feud which lasted for years. In another, one man was recently sentenced to 110 years in prison for fatally shooting his neighbor.

The simplest advice is that while many can find themselves in a dispute, escalation almost always involves a choice. Be smart. Assume that any retaliation over a real or perceived slight would bring create little good. Is it better to communicate? Or at least avoid overreacting and, instead, get some advice?

Seeking legal advice about a situation on the front end could end up costing each neighbor less aggravation or money. And possibly save each neighbor from a life-altering dispute.

Often, very little is lost through refusing to overreact in the moment. Seeking and following proper legal advice can help confront bad behavior, without creating spiraling legal issues or “breaking bad.”

RichardHowardJr

Richard Howard, Jr. is one of the most respected, dedicated and hard-working litigation attorneys in Bucks County. As a trusted advocate and counsel for his clients, Rick draws upon his strong judgment, undaunted work ethic, and extensive 24-year experience handling wide varieties of challenging and simple civil litigation matters, to effectively handle each client’s most difficult legal matters in today’s world. Rick prides himself on getting to the “real issue,” in truly relating to each situation, and doing what is “right” for his clients and in accordance with the Golden Rule.

This blog is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Filed Under: Litigation, Rick Howard Tagged With: Breaking Bad, Bucks County, civil litigation, Constitutional Rights, Montgomery County, neighbor disputes, Perkasie, Rick Howard, Weber Kracht & Chellew

The Year in Review at Weber Kracht and Chellew

December 30, 2014 By WKCLawBlog

It’s hard to believe it’s time to say goodbye to 2014.

This year we were proud to serve our community in a number of ways: a Back to School supply drive, sponsoring the Perkasie FallFest 5K, providing pro bono services, helping to present a Child ID event and bringing smiles – and Santa Claus – to the residents of the Belle Haven Nursing Home.

Our attorneys, always eager to help, shared their expertise in the areas of Constitutional law, real estate, non-profits, insurance, estate planning and small business counseling.

We hope you are looking toward 2015 with anticipation and wish you all the best in the coming New Year.

This blog is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Filed Under: 5K, Community Events, Constitutional Rights, Credibility Statements, Estate Planning, Michael Kracht, Motor Vehicle Insurance, Nonprofit, Pro Bono Services, Real Estate, Rick Howard, Small Business Counseling, The Weber Kracht and Chellew Difference, Weber Kracht Chellew Attorneys Tagged With: Abigail Fillman, Bucks County, Child ID Event, Constitution, Constitutional Rights, Dean Arthur, estate planning, FallFest, FallFest 5K, insurance, Legal Aid of Southeastern Pa., Looking Glass Photography, Michael Kracht, Mike Frisbie, Montgomery County, real estate, Real Estate Transactions, Rick Howard, small business counseling, Weber Kracht & Chellew

This Week at Weber Kracht and Chellew | 11.22.14

November 21, 2014 By WKCLawBlog

Weekly Wrap-up image

 

It’s the last full week before Thanksgiving and we hope you’re anticipating both a short work week and some fun times with family and friends. We won’t keep you from your pre-holiday prep – let’s get right to the highlights of our week!

Mike Frisbie shared more about The Weber Kracht and Chellew Difference with another insightful post on the importance of solid estate planning.

We marked #TBT by revisiting Abigail Fillman‘s post on knowing your Constitutional rights.

And, don’t forget, one week from today it’s our Free Child ID Event, held in conjunction with the Quakertown Rotary Club and Quakertown United Methodist Church‘s Habitat for Humanity 5K! Hope to see you there!

Keep up with all Weber, Kracht and Chellew news by checking this blog, liking us on Facebook, connecting with us on LinkedIn or following us on Twitter.

This blog is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Filed Under: 5K, Community Events, Constitutional Rights, Estate Planning, The Weber Kracht and Chellew Difference, Weber Kracht Chellew Attorneys Tagged With: 5K, Abigail Fillman, Bucks County, Child ID Event, Constitution, Constitutional Rights, estate planning, Mike Frisbie, Quakertown Rotary, Quakertown United Methodist Church, Weber Kracht & Chellew

This Week at Weber, Kracht and Chellew | 10.4.14

October 3, 2014 By WKCLawBlog

Weekly Wrap-up image

Here’s a wrap-up of the week’s blog posts gathered for your coffee reading:

Abigail Fillman wrapped up her series on “I Know My Rights!” Ok, So What Are They? by explaining when law enforcement does and doesn’t need a search warrant.

Our #ThrowbackThursday (#TBT) moment on social media was a look back at the 5K we sponsored during SpringFest 2013. We thought it would help us get ready for tomorrow’s Perkasie FallFest 5K! If you’re reading this before 9am on Sunday, October 4th you are welcome to join us! We’ll be accepting same day registrations at 9am. The 5K starts at 10am.

Keep up with all Weber, Kracht and Chellew news by checking this blog, liking us on Facebook, connecting with us on LinkedIn or following us on Twitter.

This blog is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Filed Under: Community Events, Constitutional Rights, Weber Kracht Chellew Attorneys Tagged With: 5K, Bucks County, Constitution, Constitutional Rights, FallFest 5K, Perkasie Borough, Perkasie Olde Towne Association, search warrant, Throwback Thursday, Weber Kracht & Chellew

“I Know My Rights!” Ok, So What Are They? | Part 2 of 2

September 29, 2014 By WKCLawBlog

Constitution_stamp

In the first part of this series on knowing your Constitutional rights we covered when “Mirandizing” comes into play and what that means for you and your rights. 

Do you know your rights regarding search and seizure? Another person I ran into in criminal court who “knew her rights” was a woman who was pulled over for speeding and when the officer approached her vehicle, she handed him her marijuana pipe, saying, “Here, you can have it. It’s clogged anyway.” This criminal law genius argued that the officer needed probable cause to stop her and a search warrant to take and test her marijuana pipe. Was she right? A search warrant is only one way for law enforcement to legally seize evidence. There are several doctrines which allow law enforcement to legally seize evidence without a warrant. The most common doctrines allowing warrantless searches are:

  1. Police have probable cause to believe a crime has or is being committed.
  2. Search incident to arrest: a search that occurs as a result of a lawful arrest.
  3. Abandoned property: if the evidence is abandoned without coercion.
  4. Consent: if consent is given to search – this consent is usually contained in probation or parole agreements as well as in situations where police ask for consent.
  5. As a result of “Terry frisk:” if an officer has reasonable suspicion the subject being frisked might be armed.
  6. Inventory searches: for example, if your car is legally impounded – as long as the police follow their inventory policy, any evidence located will generally be admissible.
  7. Exigent circumstances: events which urgently require action.
  8. Plain view: where an officer is legally in a position where he/she can plainly see evidence of a crime.

These exceptions to the requirement of a search warrant are very fact specific as to whether the evidence will be allowed. The caselaw is very specific. If you believe a law enforcement search was improper, ask an attorney. The woman who “knew her rights” was wrong. Can you guess which of the above exceptions was used in court? The officer’s seizure of her marijuana pipe was lawful and she was convicted. See my future blogs for information on when an officer can legally pull you over.

 

WKCLaw_AbigailFillman

Abigail Fillman is a 2007 graduate of the Temple University School of Law
and specializes in Criminal Defense, Insurance Defense and Family Law at Weber Kracht and Chellew.

This blog is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Filed Under: Constitutional Rights Tagged With: Constitution, Constitutional Rights, Criminal Defense, Miranda Warning, Mirandize, search warrant, Terry Frisk, warrantless search

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