Kurt T. Lynott

Esquire

OObtained his J.D. degree from the Widener University School of Law and holds a B.S. in Criminal Justice from the University of Scranton. He joined Brian J. Cali & Associates after serving as Assistant District Attorney in Lackawanna County. Prior to that position, he served as a law clerk to Judge Michael Barrasse, Lackawanna County Court of Common Pleas and a Juvenile Court Master. Presently Attorney Lynott serves as Conflict Counsel/PCRA Counsel for Lackawanna County. Current memberships include Pennsylvania Bar Association, Criminal and Family Law Sections; and Lackawanna County Bar Association where he serves on the Board of Directors.

Latest News

Several years ago the Pennsylvania legislature began modifying the Commonwealth’s antiquated expungement laws. The process began with allowing summary convictions to be expunged so long as the offender remained arrest free for ten (10) years. Starting this November, the expungement law has been changed to include non-violent misdemeanor offenses of the second (2nd) and third (3rd) degree.

Under the current law only charges which have been withdrawn, dismissed or found not guilty could be expunged while convictions could not. Also any charges that were disposed of through the Accelerated Rehabilitative Disposition (ARD) Program were available for expungement.

As a result of the changes in the law, the door has been opened to remove those past indiscretions from your record for employment, educational and housing related searches. The new expungement law will limit access to your criminal record to allow only law enforcement and courts to review the records. If expunged, private agencies who seek a background check will no longer be able to access the convictions if expunged.

The new legislation does have limitations, if the charge you are seeking to expunge is a conviction for a Misdemeanor of the Third Degree or Second Degree, you must be arrest free for a period of ten (10) years from the date of the conviction. The expungement is not automatic and is left to the discretion of the courts and the Commonwealth can oppose your request.

Some of the offenses that will be eligible include, DUI, Possession of a Controlled Substance, Possession of Drug Paraphernalia, Theft, Recklessly Endangering another Person, and in some instances Simple Assault. Sexual offenses and most other Assault offenses will not be eligible.

Although the new law has its restrictions it will provide relief to eligible individuals, relief that was previously unavailable. If you have prior convictions and are interested in determining if the law applies to you. To schedule an appointment call Attorney Kurt Lynott of Brian J. Cali & Associates at 570 344 2029.

Practices

Family Law

Experienced representation in all family related matters : Divorce, Custody, Support, Children and Youth Appeals, Protection from Abuse, and Adoption. Our team of lawyers and paralegals protect the interests of our clients from the beginning to the end. We guide our clients through the process with understanding and concern and handle each litigation with the same zeal, from the not-so-complicated to the complex. It is our privilege to stand side by side with our clients and achieve the best results.

Real Estate Law

Experienced representation in all phases of real estate transactions: Home Purchases, Home Sales, Financing, Refinancing, Commercial Sales, Commercial Purchases and Land Use Planning. We are a licensed Title Insurance Agent with over thirty years of experience that own and operate a title abstract company known as ETA Inc., issuing Title Insurance through First American Title Insurance. Our clients can rely on us to guide them through the entire process from initial Agreement of Sale through Closing.

Civil Law

Experienced representation in civil actions before all levels of the Judiciary; representing businesses and individuals in Social Security Disability Claims, Contract Disputes, License Violations, Monetary Disputes and Personal Injury Cases. In the instance of specialized personal injury cases, we direct a network of highly vetted firms which are experts within specified areas of personal injury. We guide our clients to the appropriate firm and then continue to provide assistance and guidance throughout the relationship.

Criminal Law

Experienced representation in protecting the rights of the accused and understanding the serious impact on the accused and their family when one has been charged with a crime. We are experienced in navigating through the criminal justice system in regards to minor offenses, misdemeanors and/or felonies. We handle charges of Driving Under the Influence, Drug Arrests, Abuse, Violent Crimes, Thefts, Probation Violations and Appeals.

Bar Admissions

  • Pennsylvania - 2003 / Present

Memberships & Associations

  • The Lackawanna Bar Association
  • Pennsylvania Bar Association
  • Pennsylvania Association of Criminal Defense Lawyers
  • Pennsylvania Association of Drug Court Professionals
  • National Association of Drug Court Professionals
  • Conflict Counsel - PCRA Counsel for Lackawanna County
  • Pennsylvania Bar Association - Criminal and Family Law Sections

Experience

  • Law Clerk to Judge Michael J. Barrasse - 2000 / 2007
  • Assistant District Attorney - 2007
  • Senior Director for Lackawanna County Bar Association Board of Directors - Elected 2013

Education

  • University of Scranton - 1992
  • Widener University School of Law - 2002

Client Testimonials

  • “My divorce was especially painful; I was lucky to have Brian and his staff there every step of the way.”

  • “When I began the purchase of my home, I was simply scared. I called the firm and from the beginning to the end, their process was flawless. Their expertise and concern for me made for a pleasant experience.”

  • “At the time in which my Dad got older, he needed to make plans for his estate and assets. The staff of this office was kind, caring and understanding with my father. Not only did they draft the estate plan and the documents he needed, when he passed, they helped probate his estate. They did the best job for our family.”

  • “As soon as I met with the firm and found that they prioritized my needs as well as my child’s needs, I knew I was in the right hands.”

  • “We decided to get into the restaurant business and were warned of the complicated and difficult procedure of buying a business and obtaining a liquor license. Brian and his staff made the entire experience seamless and easy, their professionalism ensuring the transfer of the liquor license on time to start our dream.”

  • “I really messed up by drinking too much and ultimately, getting arrested. The lawyers guided me through the criminal process, secured the help I needed and counseled me through this difficult time. I couldn’t have done it without them.”

  • “Brian and his firm were responsive to all of my needs during my divorce, always returned my phone calls, answered my questions and helped me through the difficult time.”

  • “Last year my restaurant was cited by the LCB for a liquor violation. The staff knew what they were doing; guiding me through the system, the result was outstanding. I learned from what occurred and now have the business running without any issues.”

Top