Searching cars is a common practice for law enforcement that serves as a way to gather evidence and solve crimes as they come upon potential crimes. However, not all car searches are legal. The police cannot search your car without reason. If you have been a victim of an illegal car search, it’s important to know your rights.

What are Car Searches?

A car search is the act of inspecting or examining a vehicle by law enforcement with the intent of finding evidence of a crime. This can include searching for: 

• Drugs 
• Weapons 
• Stolen property 
• Any other items that may be considered illegal

When is a Car Search Legal?

According to the Fourth Amendment of the United States Constitution, American citizens have the right to be free from unreasonable searches and seizures. This means that for a car search to be legal, law enforcement must have probable cause or a valid warrant.

What is Probable Cause?

Probable cause refers to the belief that a crime has been committed and there is evidence of it. In the case of car searches, the evidence is believed to be in the vehicle. Probable causes can include: 

• Witnessing illegal activity and/or smelling drugs or alcohol 
• Seeing contraband in plain sight 

A valid warrant, on the other hand, is a court order that gives law enforcement officials the legal right to search a vehicle.

When Probable Cause Isn’t Needed

There are also certain situations where law enforcement officials do not need probable cause or a warrant to conduct a car search. These include:

• Consent: If the driver gives consent for the search, then it is considered legal.
• Inventory searches: These are conducted when a vehicle is impounded and are primarily to protect any valuable items in the vehicle. However, if illegal items are found during this type of search, they can be used as evidence.

Who Can Conduct Car Searches?

Car searches can only be conducted by law enforcement officials who have been authorized to do so. This typically includes police officers, state troopers, and federal agents. Private investigators or security guards do not have the legal right to conduct car searches.

What to Do After an Illegal Car Search

If you believe that you have been a victim of an illegal car search, it is important to take the following steps:

1. Remain calm: It can be intimidating and frustrating to be subjected to an illegal car search, but it’s important to remain calm and cooperative.
2. Record details: Take note of the date, time, location, and any other relevant information about the search. This can help you and your attorney build a case against the law enforcement officials involved.
3. Seek legal representation: It’s important to consult with our experienced criminal defense attorney, who can advise you on your rights and how to proceed.
4. File a complaint: If you believe your rights were violated during the car search, you can file a complaint with the appropriate authorities. If you are being charged with a crime, the fact that you were subjected to an illegal car search is a strong defense we can use.

Contact the Criminal Defense Attorney at Pike Law

Car searches can be an effective tool in law enforcement, but they must be conducted within the boundaries of the law. If you believe that you were subjected to an illegal car search, it’s important to know your rights and protect them. By understanding what constitutes a legal car search and who has the authority to conduct one, you can better protect yourself and your rights.  For legal representation and information, contact the criminal defense attorney at Pike Law. No one’s rights should ever be violated, much less arrested based on ‘evidence’ gathered while your rights were being violated.  If you have been arrested after an illegal car search, contact our attorney today. 

One of the worst things that can happen after passing away is for your family and friends to fight over your assets. Even now, you may already see the signs that your family and friends will start to argue after you’re gone. Believe it or not, there is something you can add to your estate plan called a no-contest clause. At Pike Law, we need to educate our clients about various legal aspects. We can explain how no-contest clauses work and how they can help you encourage your family and friends to not fight over your assets after you’re gone. If you need help planning your estate and adding a no-contest clause to your will or trust, contact our will and probate attorneys today.

What are No-Contest Clauses?

A no-contest clause is also known as an in-terrorem provision. This is a legal provision that can be included in a will or trust document, stating that if a beneficiary challenges the validity of the will or trust, they will forfeit their inheritance.  In other words, if a beneficiary contests the will or trust and is unsuccessful, they will lose their share of the inheritance. This clause serves as a deterrent for beneficiaries to challenge the document, as they risk losing their inheritance if they do so. They should only contest the will if they truly believe that there is something invalid within the will that will impact them.

How Do No-Contest Clauses Work?

No-contest clauses are typically included in wills and trusts to protect the testator’s wishes. The testator would be you, the person making the will or trust. You have it added when you’re making the will or trust.  However, it is important to note that these clauses are not always enforceable in Pennsylvania. While no-contest clauses serve as a deterrent, they are not foolproof. If a beneficiary has valid grounds to challenge the document, such as undue influence or lack of mental capacity, the clause may not be enforced.  For example, if a person provides enough evidence to doubt the trustworthiness of the will or trust, but not necessarily that anything was done incorrectly, the no-contest clause will not apply. At the same time, this is an incredibly difficult task to meet. It is always important to consult with an experienced attorney while drafting a will or trust that includes a no-contest clause.

When Should Someone Use a No-Contest Clause?

No-contest clauses are beneficial in certain situations. For example, if you have a blended family, disagreements among beneficiaries may occur due to different relationships. In these cases, the different children may fight over who deserves which asset or percentage of assets. In this instance, you would want to ensure that your children don’t fight over their share and that the estate distribution proceeds smoothly. Another common instance is if you had to disinherit someone. If a beneficiary has been disinherited or left with a smaller share of the inheritance than expected, they may be more inclined to challenge the document. In such cases, a no-contest clause can discourage them from doing so.

When Should Someone Not Use a No-Contest Clause?

While no-contest clauses may seem like an effective way to avoid disputes over the will or trust, there are situations where they should be avoided. For instance, if the testator is leaving unequal shares of inheritance to their children, including a no-contest clause may lead to resentment and legal challenges among the beneficiaries. Additionally, if there is a possibility of someone challenging the document for valid reasons, including a no-contest clause may not be wise. Instead, it could result in an unnecessary legal battle that can drain the estate’s resources so that the inheritance is non-existent. In this case, it may be better to leave your inheritors to their own devices.

Contact the Estate Planning Attorneys at Pike Law For Help

No-contest clauses are provisions that can be included in wills and trusts to discourage beneficiaries from disputing the document. They can serve as a deterrent, but their enforceability can be questioned.  To make sure you’re not wasting your time trying to add one or wasting your inheritors’ time by not having one, you should consult with a knowledgeable attorney while drafting a will or trust.   Our team is available to discuss any concerns or questions regarding this matter and help our clients make informed decisions for their future and their loved ones. Contact us today for more information or to schedule a consultation.

Car accidents are unfortunately a common occurrence on the roads today, with 115,938 accidents happening in Pennsylvania alone in 2022. These accidents can range from minor fender benders to more serious crashes, resulting in significant damage and injuries. Regardless, in almost every incident, someone was at fault and was responsible for the damage they caused. If you were in an accident caused by someone else, their responsibility is to cover the damage you incurred. But no two car accidents are the same. Sometimes who is responsible for the car accident isn’t obvious or easy to tell. That’s why Pike Law will discuss the different types of car accidents and the potential damage they can cause, as well as who may be at fault in each scenario. This way you know who is responsible for covering the damages. More often than not, to get the damages you need you will need legal representation, and our attorney at law, John B. Pike can help. 

#1. Rear-End Collisions

One of the most common types of car accidents is a rear-end collision. This is where one vehicle hits another from behind. These accidents can occur at any speed and are often caused by distracted driving, tailgating, or sudden stops. Although rear-end collisions may seem minor, they can still cause significant damage to both vehicles and result in injuries such as whiplash. In most cases, the driver who hits another vehicle from behind is considered at fault for the accident. However, there are certain scenarios where the driver in front may also be held partially responsible, such as if their brake lights were not working properly, or they were rear-ended as a result of brake-checking the driver behind them.  The other option is if someone was rear-ended because of faulty brakes. If the driver had the car inspected, yet the brakes were not working properly, or the car was recently purchased, there are third parties who can be held responsible.

#2. T-Bone Accidents

T-bone accidents, also known as side-impact collisions, occur when the front of one vehicle crashes into the side of another. These accidents often happen at intersections and can be incredibly dangerous, as the sides of vehicles offer less protection compared to the front or back. The severity of damage and injuries in T-bone accidents can vary greatly depending on factors such as speed, size of vehicles involved, and safety features of the vehicles. The driver and/or their passengers being hit may be especially hurt if they were struck on the side they sitting on. In most cases, whichever driver failed to yield or ran a red light is at fault in these accidents, unless there was a brake issue like mentioned above. If the lights at the intersection were malfunctioning, the municipality responsible for their maintenance may be held responsible.

#3. Head-On Collisions

Head-on collisions are considered one of the most serious types of car accidents due to the impact of two vehicles colliding front to front. These accidents can be caused by various factors such as drunk driving, distracted driving, reckless overtaking, or a malfunctioning vehicle. In head-on collisions, the severity of damage and injuries is often catastrophic. The driver who crossed over into oncoming traffic is typically at fault for the accident. However, there may be other parties that contributed to the crash. For example, if a manufacturing defect in one of the vehicles caused a malfunction that led to the accident, it would be on them.  This does not mean that any malfunction in the vehicle makes the manufacturer responsible for the accident. Vehicles break down and are meant to be maintained. If the owner doesn’t maintain it or their mechanic fails in their service, they would be responsible for the malfunction rather than the manufacturer.

#4. Single-Vehicle Accidents

Single-vehicle accidents refer to incidents where only one vehicle is involved, usually due to losing control and crashing into an object, such as a tree or guardrail. These accidents can happen for various reasons, including poor weather conditions, vehicle malfunctions, and driver error. Determining fault in single-vehicle accidents can be more complex, as there may be multiple factors at play. In some cases, the driver may still be held responsible if their actions caused the accident.  However, other parties such as the vehicle manufacturer or local government may also bear some liability if what they collided into fell or shifted into a position it wasn’t supposed to be. A personal injury attorney like John B. Pike can help investigate the accident and determine who is at fault for the damages.

How Can Personal Injury Attorney John B. Pike Help?

In any type of car accident, having a skilled personal injury attorney like John B. Pike on your side can be crucial in ensuring that you receive proper compensation for your damages and injuries. Even just a consultation is useful for figuring out if you’re in a good spot fault-wise before you try to file a lawsuit. John B. Pike has extensive experience handling various car accident cases and can assist you in navigating the legal process. He will work diligently to determine fault, gather evidence, negotiate with insurance companies, and represent your best interests in court if necessary. With his help, you can focus on recovering from your injuries while having peace of mind knowing that your case is being handled by a capable and experienced attorney. Contact us today to schedule a consultation.

Personal injuries can be life-changing events, affecting not only your physical well-being but also your financial stability and overall quality of life. If your injuries are severe enough, you might be unable to work. If you can’t work, you can’t make the money you need to support yourself and your family. Once this happens, it can become a downward spiral. Many suffer in silence rather than file a personal injury claim.

This is a situation that has happened to many people in Kingston, Pennsylvania, and the surrounding Luzerne County area. Those people have turned to John B. Pike, Attorney at Law, for over 25 years to help them navigate the complexities of personal injury claims, and you can, too. To understand why, let us explain the basics of personal injury claims and how they work.

Personal Injury Law Basics

Personal injury law covers a wide range of cases, including car accidents, slip-and-fall incidents, medical malpractice, and more. These cases typically revolve around the concept of negligence, where one party’s failure to exercise reasonable care results in harm to another.

John B. Pike’s Experience

When it comes to personal injury cases in Kingston, PA, John B. Pike is a name you can trust. With over two decades of experience, he has honed his skills in negotiating with insurance companies and representing clients in court to secure the compensation they deserve.

Steps After an Injury

If you’ve been injured in an accident, the steps you take immediately afterward can significantly impact your case. Seek medical attention promptly, document the incident as soon as you’re able, and gather evidence if possible. Then, it’s crucial to discuss your case with an experienced attorney like John B. Pike.

Importance of Legal Representation

Attempting to handle a personal injury claim on your own can be overwhelming. Insurance companies often try to minimize their payouts, and you may need to be made aware of all the damages you’re entitled to. John B. Pike’s experience in personal injury law will help protect your rights and will fight for you to receive fair compensation for your injuries.

Success Stories

To illustrate John B. Pike’s track record, here’s a brief success story:

• One of John’s clients – a Kingston resident injured in a slip-and-fall accident – was initially offered a low settlement by an insurance company. John diligently built a case, presented evidence of negligence, and negotiated a settlement that covered the client’s medical bills, lost income, and pain and suffering, ensuring their financial stability during recovery.

In Kingston, PA, and throughout Luzerne County, John B. Pike stands out as a dedicated advocate for personal injury victims. His commitment to his clients and his extensive experience make him the go-to attorney when seeking compensation for personal injury damages.

How John B. Pike Can Help

Attorney at Law John B. Pike is a dedicated personal injury attorney with a wealth of experience in representing clients in Kingston and throughout Northeastern Pennsylvania (NEPA). With a strong focus on personal injury law, John has become a trusted advocate for those who have suffered injuries due to the negligence or misconduct of others. John B. Pike’s approach to personal injury cases is characterized by dedication and personalized attention. He will investigate your case thoroughly, gather evidence, and consult with and negotiate with insurance companies to secure the best possible outcome. He aims to ensure you receive compensation for medical bills, lost wages, pain and suffering, and other damages. If you’ve been injured, don’t hesitate to reach out to John B. Pike, Attorney at Law, to discuss your case and explore your legal options. Your well-being and financial recovery are his top priorities. Contact us today.

Facing criminal charges can be an incredibly daunting experience, one that requires a strong legal advocate to safeguard your rights and freedom. In Northeastern Pennsylvania (NEPA), John B. Pike, Attorney at Law, has been a trusted name in criminal defense for over 25 years. He has thorough experience with defending the rights of clients in Kingston, PA, and the surrounding areas. He is well-prepared to defend your rights. John B. Pike is a seasoned criminal defense attorney with a wealth of experience defending clients in NEPA. He understands the stress and uncertainty that criminal charges can bring, and he’s committed to providing the highest level of legal support to people facing a wide range of criminal allegations.

Criminal Defense Law Basics

Criminal defense law encompasses a broad spectrum of cases, including DUI charges, drug offenses, theft, assault, and more. The primary objective of a criminal defense attorney is to protect the rights of the accused and ensure they receive a fair trial and due process under the court of law.

John B. Pike’s Legal Career

John B. Pike’s extensive legal career is marked by his dedication to his clients and his ability to navigate the complexities of criminal law. With decades of experience, he has established himself as a leading criminal defense attorney in Kingston, PA, and the greater NEPA region.

Types of Criminal Cases

John B. Pike represents clients in a wide range of criminal cases, including:

• DUI Offenses: He has a proven track record of successfully defending individuals facing DUI charges, helping them minimize the legal consequences and protect their driving privileges.
• Drug Offenses: John has represented clients in drug-related cases, ensuring their rights are upheld throughout the legal process.
• Theft and Property Crimes: Whether it’s shoplifting or more serious theft charges, John has the experience to mount a strong defense.

Benefits of Legal Representation

When you’re charged with a crime, it’s vital to have an experienced criminal defense attorney by your side. Attempting to navigate the legal system alone can result in severe consequences, including jail time, fines, and a criminal record. John B. Pike’s experience and legal acumen give his clients the best chance of a favorable outcome.

John B. Pike’s Defense Strategies

John employs a range of strategies to protect his client’s rights and build a robust defense. This includes examining evidence, interviewing witnesses, challenging procedural errors, and negotiating with prosecutors to achieve the best possible outcome.

Success Stories

One of John’s clients was facing serious drug possession charges in Kingston, PA. John meticulously reviewed the evidence, identified legal flaws in the case, and successfully had the charges dropped. The client avoided significant legal penalties and was able to move forward with their life.

Contact Attorney at Law, John B. Pike For Help Defending Your Rights

In Northeastern Pennsylvania, John B. Pike, Attorney at Law, is the go-to choice for those in need of experienced criminal defense representation. With a deep commitment to protecting the rights of his clients, John stands ready to fight for your freedom and ensure that you receive a fair and just legal process. If you or a loved one are facing criminal charges, contact John B. Pike to discuss your case and secure the legal advocacy you deserve. Your future is his priority.