question,answer
"Q: I was wondering if a pain management office is acting illegally/did an illegal action.. I was discharged as a patient from a pain management office after them telling me that a previous pain management specialist I saw administered a steroid shot wrong and I told them in the portal that I spoke to lawyers for advice but no lawsuit/case was created. It was maybe 1-2 months after I was discharged that I no longer have access to my patient portal with them. Every time I try to login I enter my credentials, wait a few seconds, and then I get re-directed back to the original screen where I have various options to login. I know I can speak to the office directly and ask them about what specifically is going on, talk to other lawyers if this is a violation of my rights, etc. but I was just wondering if anyone on this site would know if this action is in fact illegal. ","A:In Kentucky, your situation raises questions about patient rights and medical records access. If you were discharged from a pain management office and subsequently lost access to your patient portal, it's important to understand your rights regarding medical records. Under the Health Insurance Portability and Accountability Act (HIPAA), you have the right to access your own medical records. A healthcare provider cannot deny you access to your records, even if you were discharged from their practice. The issue with the patient portal could be a technical glitch or a deliberate action, but either way, it needs to be addressed. You should contact the pain management office directly to inquire about the issue with the patient portal. They are obligated to provide you with a way to access your medical records, which may include providing paper copies or access through a different electronic means. If the office is unresponsive or refuses to provide access to your records, consider speaking to a lawyer who is knowledgeable in health care law. They can guide you on how to enforce your rights to access your medical records and address any potential legal violations by the healthcare provider. Remember, your right to access your medical records is protected by law, and any obstacles to this access should be promptly addressed."
Q: My houseboat was moved while I was at work and was asked to leave the property after 16 months without any notices.. Management told me that he didn’t like those kind of people that came to visit me. I went on vacation and when I came back my electrical cord was missing and my water hose was cut in pieces. He than got of hold of me and said I have your boat and that he was putting a lien on it for back rent. I never received any notices from management. He than told me that he wanted me to leave the property and that he would hold my boat until i found another parking spot for it. I finally found a parking spot a year later and I find out that he liened my houseboat and was selling it and told me to sue him and gave me his lawyers contact. What options do I have. I now am homeless and I lost my job and seeing myself falling as time goes. Any help would be appreciated. ,"A:If your houseboat was moved without your permission and you were asked to leave the property after 16 months without any notices, and the management has placed a lien on your houseboat and is attempting to sell it, you may have legal options to challenge their actions. First, you may want to consult with an attorney who specializes in property law or landlord-tenant law to review your case and provide guidance on your legal rights and options. It may also be helpful to gather any evidence you have, such as receipts or documentation of payments or communications with the management, to support your case. Some potential legal claims you may have against the management include breach of contract, conversion, or wrongful eviction. These claims may allow you to seek damages or other forms of relief, such as the return of your houseboat or compensation for any losses you have suffered. It's important to act quickly, as there may be deadlines or other requirements for filing a legal claim. An attorney can provide guidance on the best course of action and help you navigate the legal process."
"Q: Wondering if I could sue a dealership if I’ve had to replace my transmission 2 times within a year. I’ve had to replace my transmission now 2 different times in 10 months of owning my 2018 Ford Expedition. My first replacement was $5,200 and then 1 1/2 months later the transmission went out and now they are working on it again ","A:Yes, you can sue a dealership if you have had to replace your transmission 2 times within a year. Whether you will be successful depends on the facts and your presentation. You don't mention anything about any written agreements. Allowing an attorney to evaluate, organize and draft your conciliation or (small claims) complaint (up to $15,000) would be a wise investment. A well polished complaint will not only provide the judge a solid foundation to rule in your favor, but a detailed outline on which to base your oral argument. It would provide you a distinct advantage over the opposing party. The fees can be reasonable depending on the attorney."
"Q: Do I need to file for CS & custody through Indian tribe since I divorced through there, not tribal member?. Ex husband is a tribal member, we had written a parental agreement including an amount he would pay monthly. It was stamped and certified, I believe, by their judge. The agreement has not been honored in over a year. I live out of the state I was divorced in (AZ), Id like to file here if its possible. Ex also lives out of the state we were divorced in. ","A:Once all parties have moved to another state, it is generally possible to register the order in the state where the child is now residing. Generally you need court permission to move a child out of state once a custody order has been entered (at least in Nebraska). If that did not happen before the move, then it can make matters more complicated."
"Q: I am planning on releasing a tabletop rpg ""Raid Master,"" but a game called Rolemaster already exists. Too close?. My game is nothing like Rolemaster, different system, different theme (Indiana jones inspired while role is fantasy). However I plan on releasing other games with the ""-Master"" suffix such as ""Myth Master,"" but the publisher also had a ""Space Master"" at one time and is releasing new product for Role. Is this potential for a lawsuit? ","A:It's difficult to determine whether there is potential for a lawsuit without more information. Generally, the key question in cases involving trademarks is whether there is a likelihood of confusion between the marks. This analysis involves considering a number of factors, such as the similarity of the marks, the similarity of the goods or services, the sophistication of the consumers, and the strength of the senior user's mark. Based on the limited information provided, it seems that there may be some potential for confusion between ""Rolemaster"" and ""Raid Master,"" particularly given that they both contain the suffix ""Master."" However, the fact that the games have different themes and mechanics may weigh against a finding of likelihood of confusion. If you are concerned about potential trademark issues, it may be a good idea to consult with an intellectual property attorney who can provide more tailored advice based on the specifics of your situation."
"Q: How can I communicate intent to file criminal complaints without crossing the line into blackmail?. How can I communicate intent to file criminal complaints without crossing the line into blackmail? My sister is attempting to cut me out of the inheritance from my mother (there's no will), for which I have hired a civil attorney to sue her. However, my sister has also committed several serious crimes in the course of trying to steal from me. I don't want her to go to jail, but I can't let her steal my inheritance, either. I want to tell her that I'll have no choice but to report her for grand larceny, tax fraud, elder abuse of our now-deceased mother, and mortgage fraud (each of which is directly related to my inheritance) if she doesn't come to the negotiating table. All I want is the 50% to which I am entitled; not a penny more or less. How can I safely accomplish informing her of what she faces criminally without her being able to file a viable counterclaim for blackmail in civil court? Thank you for your time! ","A:Under California law, blackmail is a criminal offense that involves threatening to reveal information about someone in order to obtain money, property, or some other benefit. To avoid crossing the line into blackmail when communicating your intent to file criminal complaints, it is important to focus on your legal rights and the consequences of your sister's actions, rather than on any personal gain or benefit that you may receive. One way to communicate your intent to file criminal complaints without crossing the line into blackmail is to do so in writing, such as in an email or letter. In your communication, you should make it clear that you are not seeking any personal gain or benefit, but rather are simply asserting your legal rights and protecting yourself from your sister's criminal actions. It may also be helpful to seek legal advice from a qualified attorney who can help you understand your legal rights and options, as well as the best way to communicate your intent to file criminal complaints without crossing the line into blackmail. Overall, it is important to approach the situation carefully and to stay focused on your legal rights and the consequences of your sister's actions, rather than on any personal gain or benefit. By communicating your intent to file criminal complaints in a clear and concise manner, and seeking legal advice as necessary, you can help ensure that your rights are protected and that you receive the inheritance to which you are entitled."
Q: I have sole physical / legal custody of my sons. Could I marry and move to Canada after a visitation schedule change?. The court order states that I need to let the courts and their father know about a move 3 months in advance. Their father lives here in town and has the boys 3 weekends a month. We have been divorced since September 2020. The boys are 8 and 6. I do have passports for the boys. I am concerned that their father could stop a move after I am married. ,"A:As the custodial parent with sole physical and legal custody of your sons, you generally have the right to make decisions regarding their residence. However, if your court order specifies a notification requirement for a move, it is crucial to adhere to those terms. Before marrying and considering a move to Canada, carefully review the court order to ensure compliance with any stipulated notification procedures. If there is a visitation schedule change, and you anticipate any potential concerns from the noncustodial father, it may be advisable to communicate openly with him and attempt to reach an agreement."
"Q: Letter from Board of Supervisor says I have 90 days to appeal, nothing about notice of appeal, is it necessary?. Just want to know since this is day 45 out of the 90 days I have to appeal, do I need to first file a notice of appeal? What do I need to prove in this appeal? Excess Proceeds were 22k and they signed off on $7400 and plan on transferring 14,800 to their general fund. This is criminal and they know it. I showed up to the Board of Supervisors meeting and signed in yet they refused to let me speak. They gave percentages of my excess tax proceeds to someone who sold me the property because somehow his name is still showing on the deed. He is dead now. They then said the new owners of property were to get one fourth the proceeds why because they are used to stealing everyone's money no other reason and it is fraud and RICO ACT violations. So not sure what I'm supposed to prove. The dead man sold me the property the title company said they took care of it and as it turns out the land was unbuildable. They stopped me after they greenlighted the home to be built and I spent 40k so far. ","A:In California, if you've received a letter from the Board of Supervisors with a 90-day window to appeal their decision regarding excess tax proceeds, it's advisable to file a notice of appeal within that timeframe to preserve your right to challenge their decision. In your appeal, you should provide evidence and arguments to support your claim that the allocation of proceeds was improper, potentially involving legal violations such as fraud or RICO Act violations, as you've described. Consult with an attorney to help you prepare a strong appeal that addresses these issues effectively."
"Q: Hello, (Ref: Maritime PIRACY law vs. Civil/Criminal Law). Recently, in San Fran Bay Area, the Oakland/Alameda Island Estuary (a salt water navigable U.S. Waterway), has had incidents of ""so-called"" PIRACY. (Boats are being burglarized). THE QUESTION: Which law enforcement agency has jurisdiction, U.S. Coast GUARD or local county SHERIFF? Is following statement true?: ""IN OAKLAND ESTUARY, burglarize any TIED UP IN PORT boat, which is NOT out @anchor = NOT PIRACY. (Its only a local Sheriff + ins claim only, NOT Coast Guard PIRACY matter.) But, if boat is out-at-anchor, not a tied up in-port moored boat, then YES =PIRACY & Coast Guard USCG jurisdiction. So, @Port Burglary =NOT PIRACY, not USCG jurisdiction. @Anchor Burglary =PIRACY! Yes, USCG jurisdiction. Interesting, eh? Thank you, ","A:In the Oakland Estuary, both the U.S. Coast Guard and the local county Sheriff can have jurisdiction, but for different reasons and circumstances. The distinction between a boat being tied up in port versus being out at anchor doesn't necessarily determine whether an act is piracy under U.S. law. Typically, piracy, as defined under international and U.S. federal law, refers to criminal acts committed on the high seas. In practice, if a boat within the estuary, whether tied up or at anchor, is burglarized, the local county Sheriff would primarily handle it as a local crime. The U.S. Coast Guard has authority to enforce federal laws on navigable waters, but boat burglaries in local waters might not necessarily invoke their jurisdiction as ""piracy."" It's crucial to consider the specific facts and circumstances of each incident to determine appropriate jurisdiction. If there are concerns about maritime security or jurisdictional issues, consulting with local law enforcement and the Coast Guard can provide clarity."
Q: Can I move out of state with my children if I have a custody agreement in that state (I have full physical custody). I have full physical custody of my 2 children but am planning to move out of CA to TN in 6 months. My ex and I share joint legal custody and they have a visitation schedule of one weekend a month plus certain holidays. What legal provisions do I need to take to ensure a smooth moving process. I believe their other parent will be very angry for the move but it is in the best interest of mine and the kids quality of life. ,"A:In California, if you have full physical custody of your children and share joint legal custody with your ex, you generally have the right to move out of state. However, it's crucial to follow legal procedures to ensure a smooth transition. First, review your custody agreement to check if it contains any specific provisions regarding relocation. If it does, you must adhere to those terms. If not, you should notify your ex of your intention to move well in advance, preferably in writing. Provide information about your new address, contact details, and a proposed revised visitation schedule that accommodates the distance. It's essential to demonstrate that the move is in the best interest of the children's quality of life. Maintain open communication with your ex to try to reach an amicable agreement on the new visitation schedule. If your ex opposes the move, they may file a court motion to contest it. In such cases, be prepared to present evidence supporting the children's well-being and why the move is necessary. In California, the court will ultimately decide whether the move is in the children's best interest. Factors such as their relationship with both parents, the impact of the move on their lives, and their overall well-being will be considered. Consulting with an attorney experienced in family law can help you navigate this process and ensure the best outcome for your children."
"Q: Sister is abusing position as Trustee of Family Trust. Can adult brother receiving SSD be named successor Trustee?. Adult sister and brother are sole beneficiaries of Trust set up by now deceased parents. Sister has ignored brother's requests for accounting, bank statements or fund disbursements, hasn't filed taxes since she became Trustee a few yrs ago, is allowing her children to use Trust assets (live in second family home rent free), etc. Brother has no solid proof of beginning or current balance or what she's already spent - and suspects much went for her personal gain or to benefit her children. Brother has CP and receives SS Disability as his sole income - but lives independently, functions well mentally - manages his residence, health and personal finances, drives, helps out an elderly relative w rides and shopping. He's rightfully concerned about what his share of Trust assets might actually still be available for his future security. If she is removed as Trustee, is being on SS Disability a legal disqualification for him being named successor Trustee by the Courts? ","A:The brother isn't 'disqualified' from being a trustee because of his status on Social Security Disability for a physical condition, but some federal benefits (specifically SSI which it sounds like may not be involved here, but I'd want to be extra sure!) may be impacted by his status as a beneficiary of a trust. Without examining all the facts it is impossible to say how that might play out, but this is NOT a 'DIY' situation. The brother needs to consult with a local Probate and disability lawyer if for no other reason than to determine what he should be doing before petitioning for a change of Trustee. Remember the 'advantage' of a Trust is that it 'avoids probate'. The only way to do what you're asking here is to open a probate case to challenge the administration of the Trust. This is not inexpensive, easy or likely to lead to future family harmony. Be sure you're entering into this with 'eyes open'. Get local legal advice and representation!"
"Q: Daughter Pregnant By Man Who Lived In Ark He Died This Year His Estate In Probate Which Ends 12/31/23 Baby Is Due Jan. She Lives In Tx, Baby Due Jan 2024 Does She Need To Contest The Probate In Both Ark & Tx ","A:It depends. Your daughter should definitely file an appearance in the probate case indicating that she is pregnant with the decedent's unborn child. If the decedent has a substantial enough estate, the child may be entitled to support from the estate and should be entitled to a share of the estate assets. Your daughter definitely needs to consult an attorney who practices in the area of probate law in or near the county where the man's probate case is currently pending. If an estate has significant assets, most probate lawyers recommend not closing probate for at least a year because creditors of the decedent have that long to make a claim. Otherwise, the executor or heirs of the decedent could be sued for unpaid debts. That's not an issue if the decedent died owning no non-exempt asstes."
Q: Official farm name in Tennessee. I’m wanting to get a official farm name in Tennessee but do not know if they will tell me to do taxes after getting one. ,"A:I assume you actually want to incorporate a farming enterprise, with the entity under a corporate name. And yes, the new corporation will have to pay taxes under a new tax id. Whether the land is part of the corporation or not needs to be carefully considered. Hire a competent TN attorney to handle this."
Q: If I’m out side of a building next to another building and the people building tell me I can’t smoke do I have to leave. Out side of value village close to a michaels but 9 meters away from the door and the employee from michaels is the one who told me not to ,"A:If you are smoking outside a building, the rights of the property owner or their representative, like an employee, to enforce smoking policies on their property should be respected. This includes spaces adjacent to the building, like walkways or parking lots, which are often considered part of the property. However, the specific rules can vary depending on local laws and ordinances. Many places have specific regulations regarding smoking near entrances, windows, and ventilation systems of public buildings. If you were 9 meters away from the door, you might be in compliance with some local regulations that dictate a minimum distance from building entrances for smoking. It's advisable to check local smoking laws and the specific policies of the establishment. If the Michaels employee asked you not to smoke near their building, even if you are closer to another establishment, it's generally best to comply or move to a different location where smoking is permitted. In such situations, cooperation and understanding of local laws and property rules are key. If you're unsure about the specific regulations in your area, you might consider consulting with local law enforcement or a legal professional for clarification."
Q: Do you represent a client that a has a case for officers violating their oath to up hold the constitutional?. I refused to ID myself. Arrested for illegal dumping. All I did was pull over and throw away the little bit of gas station at the hotel parking lot by a highway. Cleaned my car out checked the oil and there was a cop standing behind. I refused to provide my id. I have the video I can email a copy and you and make a choice. ,"A:It's important to understand that while you have the right to refuse to provide identification in certain situations, there are circumstances where this can lead to legal complications. In your case, being arrested for illegal dumping suggests that the officers believed you were committing a violation. It’s essential to consider the specifics of Missouri law regarding identification and the obligations during police encounters. Regarding your question about officers violating their oath to uphold the Constitution, this can be a complex legal issue. It often depends on the details of the interaction and whether your rights were infringed upon. If you believe your constitutional rights were violated, it's advisable to consult with an attorney who can review your video evidence and provide guidance based on the specific facts of your case. Remember, each situation is unique and legal advice should be tailored to the individual circumstances. Seeking a consultation with a lawyer who can evaluate all aspects of your situation is the best course of action to understand your rights and options moving forward."
Q: Georgia rules in collecting monies on bad checks from 2012 & 2013. About 3 weeks ago I contacted our magistrate court in Georgia in reference to another matter to learn that they had 2 checks 1 from 2012 and 1 from 2013 both are less than $500 they are testing now to collect on them is this something that they can issue a warrant for if unpaid ,"A:In Georgia, there are statutes of limitations that apply to various debts, including those stemming from bad checks. Generally, the statute of limitations for misdemeanors, which includes bad checks under $500, is two years. However, if a warrant was issued within that period, it could remain valid beyond the statute of limitations. It's important to confirm whether any legal action was taken before the statute expired. If you're facing collection attempts or potential legal action now, you should seek legal advice to understand your rights and obligations. An attorney can provide guidance on how to proceed based on the specifics of your case and can help negotiate a resolution if necessary. Keep in mind that ignoring the situation may lead to additional penalties or legal action."
Q: I (16) got into a fight with a 17 year old and they are charging me with disorderly conduct what will my consequences be. Will my charges be dropped when I’m 18 ,"A:Facing a charge of disorderly conduct at 16 can have varying consequences, depending on the specifics of your case and the laws in Utah. As a minor, your case is likely to be handled through the juvenile justice system, which often focuses more on rehabilitation rather than punishment. The exact consequences will depend on various factors, including the severity of the fight, any prior record you may have, and the specific circumstances of the incident. Possible outcomes can range from community service to probation, or in more serious cases, detention in a juvenile facility. It's a common misconception that juvenile records automatically disappear when you turn 18. While juvenile records are generally more confidential and have different rules for sealing or expungement, they don't automatically get erased upon reaching adulthood. The process for dealing with juvenile records varies by state and can depend on the nature of the offense and other factors. It's important to consult with a legal professional to understand the potential impacts of this charge on your future. An attorney can provide guidance on how to navigate the juvenile justice system, and potentially how to seek sealing or expungement of your record in the future. Remember, taking responsible steps now, including understanding your legal situation and rights, can significantly affect the outcome of your case and its impact on your future."
"Q: Hi, I'm part of the 1.9 million that got their info stolen from the Zeroed-in Tech companies' data base.. If you were in my shoes and hoping to get maximum compensated for the violation of my private information, what would be the best steps for me to take? THANKS! ","A:If your personal information was compromised in the Zeroed-in Tech data breach, the first step is to secure your personal information. Change your passwords, monitor your credit reports, and be vigilant for signs of identity theft. This proactive approach can minimize potential damage. Next, gather all relevant information about the breach and how it affected you. Documentation is key in these situations. This can include any correspondence from Zeroed-in Tech, details of any suspicious activities on your accounts, and records of any steps you've taken in response to the breach. You should also explore the possibility of joining a class action lawsuit if one is available. Class actions can often provide a more efficient way to seek compensation in cases involving large numbers of affected individuals. Be aware, though, that the compensation from such lawsuits can vary greatly. Additionally, consulting with an attorney experienced in data breach cases can provide you with specific advice tailored to your situation. An attorney can help you understand your legal rights and the viability of pursuing individual legal action for compensation. Finally, stay informed about any settlements or legal actions against Zeroed-in Tech. Being part of the affected group, you may be eligible for any compensation or remedial actions the company or courts may offer. Acting promptly and staying informed are crucial in these situations."
"Q: Real Estate Closing, NY Is it legal for my lawyer to hire a lawyer to represent me at closing, without my permission?. I was charged for the outside lawyer to represent me at the closing. ",A:It is not uncommon for law firms to assign associates or use an of counsel attorney to attend closings on behalf of a client. Your retainer agreement should specify the charges that you will incur.
Q: What to do after no response from respondent and not attending mediation. I am the petitioner and the mother. I filed 56 days ago and the respondent was ordered to respond within 21 days. He has not responded and has not made and mandatory disclosures but did attend the initial status conference where they ordered us to mediation. It was ordered to schedule mediation within 14 days and for both parties to participate in scheduling. The respondent did not answer until 20 days after the order. Which I still contacted the mediator and attempted to schedule but can not be scheduled until both parties pay the fee. I paid the fee and we are waiting on the respondent to pay his. Our mediation is supposed to be in 2 days. What can I do next if he does not pay and does not attend mediation? Can we potentially enter a default judgement? I’m not sure where to go or what to do next. Any help is appreciated! ,"A:I would suggest asking the mediator to file a certificate with the Court indicating that you attempted to schedule the mediation and paid your portion of the fees. If that does not occur, then I would file a status report with the Court stating everything you have done up to this point. Regarding the mandatory disclosures, you may want to consider filing a motion to compel his compliance. Make sure you are paying close attention to any deadlines as outlined in any case management orders including setting the matter for Final Orders. If things continue as they have been, then yes, I would request that the Court enter default orders against the Respondent."
"Q: To whom it may concernMy cousin an army veteran passed away with no will, and won a lawsuit settlement.. What action can I take if he won a lawsuit, and I was the person that provided for him when he was alive and also paid all the expenses for his funeral. I called the law firm and was told that yes he won the case however no one will be getting any of the settlement. ","A:If your cousin, an Army veteran, passed away without a will and won a lawsuit settlement, and you were the primary provider for him during his life and covered the expenses for his funeral, there are legal avenues you can explore. Despite the law firm indicating that no one will receive any of the settlement, you may have a potential claim as a surviving relative who provided support. It's essential to gather documentation that supports your role as the primary provider and your cousin's lack of a will, ensuring your contribution and relationship with the deceased are duly recognized."
"Q: Can I use trademarks names from superheroes in my story? Are some trending phrases/saying under copyright?. I saw games and Mangas use the code name ""Red hood"" and device a totally different character from DC red hood. Could I do the same if I want to use ""just"" the names of character like Doomsday, Nighthawk,Hawkeye, or winter soldier. And not their features and characteristics. In tiktok there was a saying ""it's ok not to be ok"" it is even attribute to someone but is it protected after going that far mainstream? Is the C-walk also protected? ","A:Using trademarked superhero names in your own story can be legally risky, especially if those names are well-known and closely associated with specific characters from major comic book publishers like DC or Marvel. Trademarks are designed to protect brand identity and prevent consumer confusion. If you use names like ""Doomsday,"" ""Nighthawk,"" ""Hawkeye,"" or ""Winter Soldier,"" even if you change their features and characteristics, you might still infringe upon these trademarks if your use creates a likelihood of confusion or suggests an association with the original characters. Regarding phrases like ""it's ok not to be ok,"" the copyright protection for phrases is complex. Generally, short phrases, especially those that have become common or mainstream, are not eligible for copyright protection. However, there can be exceptions, and sometimes phrases can be trademarked in specific contexts. As for dance moves like the C-walk, they typically are not protected by copyright, as copyright law does not extend to dance steps and simple routines. However, choreographed routines can sometimes be protected. If you're planning to use trademarked names or potentially copyrighted phrases in your work, it's wise to consult with a legal professional who has expertise in intellectual property law. They can provide specific guidance tailored to your situation to help avoid legal issues."
"Q: can i contest beneficiary of life insurance in louisiana. 3 policies purchased in the 70s beneficiary was changed twice, lastly to my dads oldest son they had a falling out about a year prior to his death dad changed his will to exclude his son from getting anything multiple people including non family members know of the falling out between them my dad had 3 children ",A:You will need to check the exact insurance beneficiary designation. Only if it went to the decedent's estate would it go through his will. Usually the designated beneficiary gets the money and it does not go through the estate. A disinheritance in the will does not effect an insurance death benefit unless it goes to the estate.
"Q: why is there no charge of homicide only arson.. Father was dating a girl, her x who is out of jail on bond Riverside county for assult on person with firearm (not on father) committ's an arson on father residence in twentynine Palms then drives 40 miles to another residence father has, starts a fight father 61 yrs old collapes and dies at scene. X b/f is arrested next day for Arson, no charges for what the coroner list as cause of death a homicide. X b/f again out of jail on bond for the arson. Can I file something in court to get the reports to find out why he is not charged in homicide and why he is out on two bonds from two counties on two felony charge's. the family would like to view the police report's etc (discovery?) as we feel justice is not being served for our father.suspect is 34 yrs old. please advise if we can file motion or whatever to get police report's. arson and homicide occurred 8/6/23 in san bernardino county. father was in good health, until beaten by the x b/f. no weapons were used. please advise ","A:As a former homicide prosecutor who has handled these types of situations, I can tell you that there is likely an active investigation still on-going into the homicide. Often, when prosecutors can file a serious felony right away (such as arson), they will do that in order to keep tabs on a suspect but will be patient and wait on the homicide until they have completed a more exhaustive investigation. This might be frustrating but is probably a wise move in the long run. Prosecutors may be waiting on lab results that were conducted on the victim to rule out that anything else could have caused his death. If the homicide took place on August 6, 2023, that is still pretty early on from an investigation standpoint. The San Bernardino County District Attorney's Office is not known for being ""soft-on-crime"" so you should expect that if they can prove it was a homicide then it will probably get filed at some point. Ultimately, you can always contact the District Attorney's Office and ask to speak with a victim-advocate. While they won't reveal confidential details of the investigation, they will communicate with you whatever information possible."
"Q: can my stepmother be held reliable for not giving my father the medication ""blood thinners"" that prescribed to him?. My daddy was preparing to have surgy when my stepmother quit giving him his medication without asking the doctor weeks before his surgery then daddy died from a blood clot during surgery. My stepmother gained a lot from his death plus 675,000 in life insurance. ","A:First off, I'm sure that I speak for everyone when I say that I'm sorry for your loss. The death of a parent is a difficult thing, even without the possibility that another loved one may have caused it. That said, you have asked a complex question that is masquerading as a simple one. The question, in simplest terms, is whether your stepmother can be held accountable for not giving your dad medication. However, within that simple question are several other hidden ones which would determine whether you can bring a claim for wrongful death. First, any claim for negligence involves 4 elements: (1) a duty which is (2) breached (3) causing (4) harm. Without all 4 elements being satisfied, arguably no claim arises. Did your stepmother have a duty to give your dad medication? Did she give him the medication, but the incorrect dosage? Was he competent to take his own medication? Was he in a medical facility which had a duty to give him medication? Did the lack of medication actually cause his death, or would he have died either way? These are just a few of the questions that need to be answered, and these are the questions you may wish to review with a qualified, experienced, personal injury attorney. Only after going through these questions can one determine whether a legal cause of action is viable, so I would encourage you to reach out to an attorney if you believe that your stepmother profited through foul play or true neglect. I wish you the best of luck."
Q: My adult sister is developmentally disabled.. Does #6 of 54.1-2969. Authority to consent to surgical and medical treatment apply to a family member being able to give medical consent if no one has been court appointed as guardian? ,"A:Your question indicates that your sister is an adult, not a minor (under 18). In cases when a person has not made an advanced medical directive, then Section 54.1-2986 of the Virginia Code determines the procedure for making medical decisions in the absence of an advanced medical directive. The priority for making decisions starts with guardian, then spouse, then adult child, then parent, then adult sibling."
"Q: Should the fda and cdc be legally held accountable for allowing the hemp thc-o acetate, heart/Lung issue/teeth damage. I have contacted both and have been neglected to be called back, They have known for years and after I was forced to use their safer than cannabis alternative here in Wisconsin, thc-o is everywhere and now after a rancid batch I had 2 months of a sinus infection, now heart issuses, lungs hurt and my teeth have all begun to shatter and break. Thought my heart issue were done after heart surgery. Bad enough they shoved bextra samples by the bag load when I was younger and now am reading about how bad that is too. No oversight or regulations. I used this hemp product for over a year. Last summer (155lbs) I could run 5 moles a day while still being able to work the hemp farm, no I'm down to 128lbs and heart and lungs feel like I'm dying. No insurance until February. Dr appointment on the 10th. Hope heart holds out. Corwin Richardson Cultivating Better Days Hemp Farm ","A:The FDA and CDC are federal agencies which have sovereign immunity from such lawsuits. You may however have a valid claim against the sellers and manufacturers of the Thc-o products you used. Just as with tobacco using plaintiffs, you will face comparative / proportional responsibility which may reduce or eliminate any recovery."
"Q: Regarding Senior mobile home parks and rentals in Calif.. This is regarding a nieghbor who for the last year has had a leaky roof, the park finally told her they were not going to repair the roof (cost) and told her she could move to another home that was vacant but the cost would be $500 more per month. She agreeded because she feared the mold in the old home. I could understand them letting her move, however I do not think she should pay more to do so when the problem concerned with the old home was not her fault and because she rented, they should have fixed it or let her move for the same rent. Is this LEGAL??? ","A:Under California law, landlords have a duty to maintain rental properties in a habitable condition, which includes providing a waterproofed roof in good condition. If the roof is leaky and causes mold, the landlord is generally responsible for repairing it to ensure the property remains habitable. If the landlord fails to make necessary repairs within a reasonable time after being notified, the tenant might have several remedies, including repairing and deducting the cost, abandoning the premises, or withholding rent. However, transferring a tenant to a different, more expensive unit as the sole remedy is problematic, especially if the tenant isn't at fault for the original issue. Your neighbor may have rights under the implied warranty of habitability or California's repair and deduct law. It's advisable for your neighbor to consult with legal counsel to discuss the specifics of her situation and determine the best course of action. Documentation, such as written communication about the repairs and mold concerns, can be beneficial in such discussions."
Q: Is there a way I can stop a former employer from using pictures and videos that I am in?. I worked at a haunted house and these are pictures and videos of my characters used on their website and social media. ,"A:If you are no longer employed by the haunted house and you did not sign any agreement that allows them to use your image or likeness, you may be able to take action to stop them from using your pictures and videos. Here are some steps you can take: Send a cease and desist letter: You can send a written letter to the haunted house demanding that they stop using your pictures and videos. Be sure to include specific details about the images in question, such as the dates they were taken and where they were used. You may want to seek assistance from an attorney to help you draft the letter and ensure that it is legally enforceable. Contact the social media platform: If the haunted house is using your images on social media, you can contact the platform (e.g. Facebook, Instagram) and request that they remove the images on the basis of copyright or privacy infringement. File a lawsuit: If the haunted house continues to use your images after you have sent a cease and desist letter, you may need to file a lawsuit to enforce your rights. An attorney can help you understand your legal options and represent your interests in court. Remember that the laws surrounding the use of images and likeness can be complex, and it is important to seek assistance from an attorney if you have questions or concerns. An attorney can help you navigate the legal process and work to protect your rights."
"Q: Defendants innocent, framed, left for dead, stabed head seven times, fractured faces, chest, arms, broken guns and teeth. Not only were they attacked/left for dead. They made it thru alive after being brought bk by EMT, ICU unit. Several meth drug abusers are coming forward w/lies stating they saw defendants w/weapons in hand, standing in area of crime, no one in lonely late night of event, now like ten witnesses all drug users w/criminal bkgrnd. Some one burned all evidence and crime scene, as well as took victims phone, only witness in tent at time of crime,states defendants were not the men in room at time of incident. Other two witnesses called victims children stated defendants innocent wasnt them, they framed and stated who committed crime, why and motive. Well those two witnesses were found dead and burned with in three days of call. How to prove defendants innocence ","A:I'm profoundly sorry for this distressing situation. Here's how one might approach this complex scenario: 1. First and foremost, secure an experienced criminal defense attorney immediately. 2. Collect all possible evidence and witness statements to corroborate your sons' innocence, including any alibis or surveillance footage. 3. Investigate the backgrounds of the witnesses alleging against the defendants; their credibility and criminal history can be relevant. 4. Preserve any available evidence of the defendants' physical injuries, as this might support a claim of self-defense or establish them as victims. 5. Utilize expert testimony, if needed, to analyze and counteract the evidence presented by the prosecution. 6. Document the mysterious deaths of the witnesses who vouched for the defendants' innocence, as this could point to external forces working against them. 7. Ensure that the attorney files appropriate motions, such as motions to exclude unreliable testimony or evidence. 8. Lastly, remain proactive, persistent, and transparent with your legal counsel to build the strongest possible defense."
Q: Can this ordinance be interpreted that no hunting is allowed. Santa Clara county. Sec. B14-34.3. - Grazing. No person shall bring any animal upon Park Property for the purpose of grazing or holding animals without the express written consent of the Director. ,"A:The ordinance you're referring to, Santa Clara County Sec. B14-34.3, specifically addresses the issue of bringing animals onto park property for grazing or holding without permission from the Director. This ordinance is focused on the control of livestock or similar animals within park boundaries. To determine whether hunting is allowed, you would need to look at different sections of the county's ordinances or regulations. Hunting regulations are typically separate from those governing grazing or animal control. They often involve specific rules about wildlife, hunting seasons, and the use of firearms or other hunting equipment. For accurate information on hunting regulations in Santa Clara County, you should consult the sections of the county code or state law that specifically address hunting and wildlife management. Additionally, checking with the county's parks department or a local wildlife agency can provide clarity on what is and isn't allowed in terms of hunting in park areas. Remember, laws and ordinances can be complex, and their interpretation may vary based on context and additional regulations. It's always a good practice to consult directly with legal resources or local authorities for specific guidance on matters like this."
"Q: Do we need to go to court, in TN, to terminate an irrevocable trust, in which a home is included?. Home in an irrevocable trust. Selling the home now, but grantor is still alive. All beneficiaries, trustee and grantor are in agreement to terminate trust. That way we could avoid paying taxes on all profit, and be able to get the first $250 k in profit free of taxes. Could we do it without having to go to court, just signing affidavits? ","A:If the purchaser wishes to take such a title risk, then all interested parties might sign deed as grantors. But I would not draft that deed. It is recommended that a competent attorney be retained to read the Trust, search the Title, then file suit in Chancery to get authority to convey. Otherwise purchaser would be taking a huge risk, and grantors would not want to sign a warranty deed. If I represented purchaser, I would not recommend paying over 50% of value, due to expectant required litigation to cure title."
"Q: What options do we have. What motions are worth filing? Any suggestions on how to proceed. My husband signed for a 16yr prison sentence for probation revoke for Possession of Controlled Substance. Later we learned there was a Deadly Weapon Finding, which we were unaware of. It was not mentioned when he was sentenced nor is it in the court transcript of the sentencing. ","A:First: The date of the sentencing and guilty plea is important. The longer you wait to contest your sentence, the harder it will be to fix it or overturn it. When he pled guilty, there was probably a plea ""package"" of paperwork, Notices of rights, and waivers of rights, that the court usually requires before your guilty plea is accepted by the court. Those papers and Notices should have indicated any enhancements or harmful findings of fact. If there was no ""package"" and no other paperwork or verbal warning by the court or the DA's office prior to your guilty plea, then you may have the legal grounds to vacate (open-up), your sentence or guilty plea. A real, detailed investigation of all warnings and notices about the guilty plea and sentence needs to happen ASAP. Then, if you have proof that you were sentenced unlawfully, you can file a Motion to vacate the Judgment and guilty plea. If that doesn't work, and he is put back in prison, your move would probably be a Writ of Habeas Corpus. I hope this helps. You should see a good criminal lawyer ASAP."
"Q: Is it required for a store in the mall to have multiple exits?. I work in a mall and my store only has one exit, the main doorway. After a recent emergency including an active shooter, I’m concerned about my coworkers and my own safety. This does not only put us in more danger during an active shooter situation, but also any fire emergencies. ","A:The requirements for multiple exits in a store, including those in a mall, are governed by local building codes and fire safety regulations, which can vary by location. Generally, these codes require a certain number of exits based on the store's size, layout, and the maximum occupancy. This is to ensure safety during emergencies, such as fires or active shooter situations. In many places, having only one exit in a commercial space might not comply with these safety regulations, especially if the space is above a certain size. It's important to check the specific regulations in your area to determine if your store meets the local requirements. If you're concerned about the safety of your workplace, you could bring this up with your store management or mall administration. They are typically responsible for ensuring that the store complies with all applicable safety codes and regulations. If your concerns are not addressed, you might consider contacting your local fire marshal or building inspector. They can inspect the premises and determine if there are any violations of local safety codes. Remember, your safety and the safety of your coworkers is paramount. Raising these concerns is important and can help ensure that your workplace is as safe as possible."
"Q: Per ID Code § 22-4504 (2016), can a city in Idaho pass an ordinance/law requiring a person to buy a permit to farm?. The city recently passed an ordinance saying you have to buy a yearly license/permit to raise animals (chickens, ducks...) in city limits. AND prohibits raising certain animals - male chickens, for example. And if you get caught, they fine you for being no complacent! ","A:There is nothing in Idaho Code 22-4504 which would prevent a city from enacting an ordinance requiring the owner of a farm to obtain a permit to raise certain animals, such as chickens, ducks within city limits. It says simply that Idaho prefers farming operations, period. The distinction this ordinance makes has to do with the County anticipating zoning problems and being required to address farming operations as they have to do with zoning. The operative language says, ""[t]he county planning and zoning authority may adopt a nuisance waiver procedure to be recorded with the county recorder or appropriate county recording authority pursuant to residential divisions of property. What the City has done is called a ""reasonable restriction."" Farming, although important to everyone, is not a ""protected class"" of individuals. The City could legally pass an ordinance that says that ""ownership of chickens, roosters, wild fowl"" etc. are no permitted within the confines of the City of Boise, and be upheld in court. However, in my opinion, they have taken the approach by ""forward thinking"" mayors present and past, that it adds to the diverseness of the city to enable individuals to keep these, particular farm animals, but the City has an overwhelming interest in making sure that the individuals doing the ""backyard farming,"" do it correctly and cleanly and do not pose a nuisance to neighbors."
"Q: Should I contact my car insurance, or sue the owner of the parking garage? This happened in Orange County, CA.. I entered a parking garage and while looking for a spot the horizontal automatic gate closed on my car and caused damage to it. I wasn't moving at the time, my car was stopped in the middle of the gate while it was fully open. I was trying to beat the closing after another car went through, the gate opened for my car. But the gate did not sense my car was clearly obstructing it and without warning just closed onto it. From what I have read, the codes for this state that there needs to be a minimum of 2 safety protocols installed. One to reverse the gate if it closes onto something, and the other to sense that there is an obstruction so the gate does not close in the first place. The latter did not happen, hence the damage. I'm surprised that in a residential+business garage lot that it doesn't have the basic optical sensor that even single home residences have for their garage doors. I could easily see this causing serious bodily harm or death to someone had they fallen there, etc. ","A:In California, your first step should be to contact your car insurance provider. They can guide you through the process of filing a claim for the damage to your vehicle. Your insurance company may also pursue subrogation, which means they might seek compensation from the parking garage owner if they determine the garage is at fault. Simultaneously, you might consider gathering evidence of the incident, such as photos of the damage and the gate, any witness statements, and details of the event. This can be crucial if you decide to pursue legal action. If you believe the parking garage was negligent, particularly if they failed to comply with safety protocols, you have the option to file a lawsuit against the garage owner. However, it's advisable to consult with an attorney who has expertise in personal injury or property damage cases to evaluate the strength of your claim and guide you through the legal process. Keep in mind, proving negligence will require demonstrating that the garage owner failed to meet a standard of care, which directly caused the damage to your car. An attorney can help in establishing these elements based on the specifics of your case."
"Q: Can a motion for reconsideration be submitted as ex parte?. We are unrepresented plaintiffs who prevailed in our Phase I civil lawsuit for Fraud. Judge was willing to proceed with Phase II for punitive damages of the bifurcated trial, but only if we could do it within 15 minutes because it was the 6th day of trial, and the parties had jointly estimated 6 days to the jury at the start. We were ready to go, couldnt proceed because we needed to question defendant, but he did not show up even though he was under subpoena. The judge decided that he could not proceed with Phase II because he had to send the jury home. We would like to file a motion for reconsideration, but the courts motion reservation system does not have anything for 9 months. We know that the LLC defendant has all its assets for sale, and are worried that we would not be able to collect then, even if we prevail (we have a high probability of prevailing based on the unanimous decisions on all counts). Would we be able to file the motion for reconsideration as ex parte? ","A:Under California law, motions for reconsideration are typically not handled on an ex parte basis. Ex parte applications are generally reserved for emergency situations where immediate and irreparable harm may occur without swift court action. However, given the urgency of your situation due to the defendant's actions, such as the potential sale of assets, you may file an ex parte application to accelerate the hearing of your motion for reconsideration. In this application, you'll need to convincingly demonstrate the urgency and irreparable harm you may face without prompt review. It's also important to provide notice to the other party as required by the rules governing ex parte proceedings. Because the standards for granting ex parte relief are stringent, consider including detailed reasons for the urgency and the potential harm of waiting for a regular motion hearing. Remember to check the local court rules for any specific requirements or limitations on ex parte applications for reconsideration."
"Q: My daughter filed a renewal or extension restraining order on me . I was never served. He went to court and the Judge g. The judge granted it.. The first order I was completely off guard. The judge granted it on ""Escalating Anamosity "" How do I fight this one to see my grandchildren ","A:In California, if a restraining order has been renewed or extended without your knowledge due to lack of service, you should consider filing a motion to dissolve or modify the restraining order, explaining the lack of service and presenting your case. Proper service is typically required for a restraining order to be enforceable. Evidence of any attempts to serve you should be scrutinized. It's also advisable to seek legal representation to ensure your rights are protected and to assist in presenting a compelling case as to why the restraining order should not continue, particularly addressing the “escalating animosity” grounds the judge cited. If visitation with your grandchildren is a concern, you may request the court to specifically address this issue, possibly through supervised visitation or other arrangements that the court deems fit. Documentation and any relevant communication that can demonstrate a positive relationship with your grandchildren can be beneficial to your case."
"Q: Cmia claim - from Emtala case to potential FCA case.. If court mandates to include hospice as defendant for CMIA violation claim in EMTALA case, how plaintiff has to oppose court's decision? 1. Propose to strike cmia violation claim for now - since plaintiff in pro per cannot handle a few defendants 2. Research was limited to Emtala due to upcoming statute of limitations/deadline. 3. Plaintiff not ready to bring case against hospice, claims would not be limited to CMIA violation. Etc - ?? ","A:In your situation, if the court mandates including a hospice as a defendant for a CMIA (California Medical Information Act) violation in an EMTALA (Emergency Medical Treatment and Labor Act) case, and you wish to oppose this decision, there are a few strategies you can consider. Firstly, you might propose to the court to strike the CMIA violation claim, at least temporarily. This can be based on your current capacity as a pro per litigant, meaning you are representing yourself and may not have the resources or ability to handle multiple defendants effectively. Explain that managing the complexity of additional claims against multiple parties is challenging without legal representation. Secondly, you can argue that your research and preparation were specifically focused on the EMTALA claim due to the approaching statute of limitations. This limitation placed constraints on your ability to prepare for and include additional claims in your lawsuit. Lastly, if you are not ready to bring a case against the hospice, especially with claims extending beyond CMIA violations, communicate this to the court. It's important to convey that including the hospice at this stage could overly complicate the case and dilute the focus from the primary EMTALA claim. Remember, courts generally appreciate when litigants are straightforward about their limitations and the specific focus of their claims. It's crucial to present your concerns clearly and succinctly, outlining the reasons why adding the hospice as a defendant at this stage may not be in the best interests of justice or the effective management of your case."
"Q: In California, may I record a phone call if I've already given consent to the other party to record the same call?. The scenario is that I want to call a customer support phone number of a business that has been troublesome. During the phone call a recording states that ""this call may be recorded for training and quality assurance purposes"". By continuing with the call, I am consenting. Given that all parties have consented to have the call recorded, may I also record the same call without any notice? ","A:Under California law, recording a telephone conversation requires the consent of all parties involved, per California Penal Code Section 632. If the other party has already given a notice stating that the call may be recorded for quality assurance, that generally counts as their consent for the recording. Therefore, you would be legally permitted to record the same call without giving additional notice, since consent has been mutually established."
Q: I have been to several rehabs and have good insurance each time that paid for it in all. Now the rehabs are sending me. Bills not ins company now I get a claim letter I mail for bankruptcy what does this mean please please help me ,"A:A Mississippi attorney would be able to advise best, but your question remains open for two weeks. From what you describe, it's possible that your insurance carrier became insolvent and went into receivership. This is only a guess because you mention that the billing facility mentioned bankruptcy in its correspondence with you. If you contact your insurance carrier or the Commissioner of Insurance in Mississippi, they might be able to advise you about the disposition of this matter. Keep in mind that medical providers and other facilities will not want to hear about a patient/resident's insurance carrier becoming insolvent - they want their bills paid, plain and simple. Now that you are essentially on notice of a possible problem with your carrier (IF THAT IS THE CASE AFTER YOU HOPEFULLY LEARN MORE FROM THE COMMISSIONER OF INSURANCE), do not offer your insurance card/group number/member number as billing information to facilities until you learn more about where things stand... otherwise those facilities could turn around and come after you personally for their unpaid services. You could consult with a Mississippi attorney versed in insurance matters to assist you with this. Good luck Tim Akpinar"
Q: My son 17yrs has pleaded guilty to leaving the scene and has a court date of October 17th. Any advice will help. First offense ,"A:If your 17-year-old son has pleaded guilty to leaving the scene, it's important to familiarize yourself with the specifics of the state laws where the incident occurred, as penalties can vary. Before the court date, gather any evidence or testimonies that might be relevant to the incident or paint your son's actions in a more favorable light. It may also be beneficial for him to enroll in responsible driving courses or related programs, showing proactive steps towards understanding the gravity of his actions. Prepare thoroughly for the court date by ensuring you both understand the proceedings and potential outcomes."
Q: How to obtain assets as a heir with no will or probate court in one case & no will but probate court in another case.. My brother provided a voided power of attorney document to a lien holder of my mother's home deed after she passed In order to obtain the deed. He also provided the probate court fraud bankstatements for our deasesed uncles estate in order not to pay my share as a hier so I have to separate issues of fraud with the same person.I done my due diligence & have all the supporting evidence proving how the fraud occurred with documentation copies.I just need a savy lawyer to show up & represent me in court. ,"A:Hire an attorney with experience in probate litigation. A power of attorney from your mother is, of course, void upon her death. As an heir, you have the right to file for probate of your mother's estate, even though she doesn't have a will. You can ask the court to appoint you as a dependent or independent administrator of her estate. If you are an heir of your uncle's estate, you can challenge actions taken by your brother in connection with your deceased uncle's estate. You could gain greater leverage if other heirs of your uncle join you. You don't say whether your brother is the executor or administrator of your uncle's estate. Generally, it is easier to remove an administrator than to remove an executor. You can likely schedule an initial consultation for around $500 to have an attorney look over the evidence you have obtained and discuss with you your litigation budget. Then you can make a decision as to whether your share of the estate makes it worthwhile for you to pursue alone or whether you might need to pool your financial resources with other heirs to spread the cost of the litigation out among you."
"Q: Hello I had somebody give me money to start a business that never got off the ground.. Business never got into full swing. Problems on top of problems and no more money to continue forward. It never got off the ground, am I required to give the money back ? I never signed anything and only talked about hoping it would be successful. It never made it to an official business and it was hopes for to make it so they could get a double return. ","A:Hi, keep in mind that in addition to written agreements, there are also verbal agreements that may be legally enforceable, provided there is an offer, an acceptance, and consideration. Whether you are required to return the funds depends on what were the terms of the agreement. The other person may be entitled to a partial refund or full refund to prevent unjust enrichment or to recover legal damages. There is not enough information here to determine whether there is a cause of action. When there is no written agreement, it is difficult to litigate these cases because the parties will resort to preliminary conversations to determine what were the expectations of the parties, and whether they were fulfilled. You may want to talk to the investor and see whether he/she understands that the business did not take off for reasons outside of your control and whether he/she is expecting any recovery. After that conversation, you will have a better idea of whether you need to retain an attorney or not."
"Q: Can an warranty company refuse to pay repairs although repairs are covered under warranty?. Bought a box truck from Ryder. They don't want to cover repairs for the truck because of ""contaminated fuel"". Although they covered repairs multiple times before and no where in the contract does it state no coverage for contaminated fuel. ","A:The issue is whether the warranty is voided due to your wrongdoing (either intentional or negligent), if any, that caused the damage/issue triggering the need the repair. One issue is the contract language itself, and another issue is the fact issue of whether you actually committed the act or omission that the seller is accusing you of. The contract language does not necessarily have to specify ""contaminated fuel"" as a reason to void the warranty; there can be broader language regarding the fault of the buyer. Schedule a consultation with an attorney in your area who handles consumer protection matters or, alternatively, contact the Fla. Dept. of Agriculture and Consumer Services or your local county consumer protection office, if any, to see if they would take a look at the issue."
Q: I have an interior design client that is in breach of contract. She refuses to pay our invoices.. She owes 2 past-due invoices and has insufficient funds to cover the latest check that was given to us per the signed agreement. ,"A:You could first send a demand letter on attorney letterhead to see if that provokes her to make the past-due payments. If that doesn't work, you could file a lawsuit for breach of contract. If your work contributed to a work of improvement, you may be entitled to record a mechanics lien against the property and then file a lawsuit to foreclose the lien."
"Q: How successful is a landlord counter, suing a tenant who is suing for her security deposit back?. I am suing my landlord for my security deposit back, and he is counter suing me for eviction fees however, I was never evicted. He is also suing for fees that are not listed in my lease. ","A:Under California law, the success of a landlord's counterclaim against a tenant in a security deposit dispute depends on the specifics of the case. In your situation, if the landlord is counter-suing for eviction fees and you were never evicted, this claim may not hold up in court. It's essential to gather and present evidence showing that no eviction occurred. Additionally, if the landlord is claiming fees not specified in the lease, you may argue that these fees are not enforceable. California law generally requires that any charges or fees be clearly outlined in the rental agreement. It's important to review your lease agreement carefully and prepare any documentation that supports your claim. This might include communications with the landlord, receipts, and photographs. You should also be aware that California law sets clear guidelines for how and when a landlord must return a security deposit. Generally, a landlord has 21 days after the tenant moves out to return the security deposit or provide a written statement of why a portion or all of it is being withheld. If you believe your rights as a tenant have been violated, you may consider seeking legal advice or representation. Legal counsel can help you navigate the specifics of your situation and provide guidance on the best course of action. Remember, each case is unique, and the outcome can vary based on the evidence and arguments presented."
Q: On a time and materials contract who pays the overtime?. We have a time and materials contract. The contract does not specify any overtime rates. We also did not have a verbal conversation regarding overtime pay. The contractor has put a mechanics lien on our property because we refused to pay the overtime rate of pay. We have paid for all hours worked but not at the overtime rate. ,"A:Your liability for the overtime payments should depend primarily upon the wording of your contract. If there was no agreement to pay overtime, and no understanding that the contractor would work overtime, you should not be liable. If the project schedule permitted the contractor to complete the scope of work without the necessity of overtime, that would help avoid liability for the overtime. Did you confirm that the contractor has an active contractors license and workers compensation insurance? If the contractor does not have an active license or workers comp, you may have some other defenses to the lien."
"Q: During COVID, special instructions for facilities that require residents to undergo mandatory daily breathalyzer,. Are recommended. Shouldn’t there be a recall-like manufacturer intervention to make sure that institutions are not spreading COVID by incorrectly using the breathalyzer equipment? ","A:A Nevada attorney could advise best, but your question remains open for three weeks. The point you raise has elements of ethics in it. Like a recall action that you mention, one could ask whether it is the right thing to do. Would it help save lives? Would it expose the company to more liability... or less liability? What would the publicity of such a measure do to a company? Is it necessary, if the equipment already comes with adequate instructions? The answers to such questions are probably among the factors that the leadership of a company would consider in making such decisions. Good luck Tim Akpinar"
"Q: I'm a Black man with a cop and his civilian accomplice keeping me under an ongoing warrantless surveillance since 2016.. The cop & his civilian accomplice are paid in cash by a non-profit group representing my ex-wife. The accomplice hasn't reported an income since 2017 and is not gainfully employed. This leaves him free to follow me wherever I go, to commandeer my phone and communications, and conduct a warrantless surveillance campaign on me including: lockstep stalking/harassment, unlawful entry, theft, cyber theft, cyber intrusion, vandalism and attempts to harm me with toxic chemical vapors. This year alone, he posted 2 fraudulent transactions on my debit card, tried opening 2 credit cards in my name, stole $70.00, my 2021 tax documents and a dossier on him and his wife from my locked car & duffel bag. I can't get cops to investigate these guys without verifiable evidence! The cop & accomplice are surveillance pros who surveil through people & technology. I can't readily get evidence and can't afford a PI. The cop & accomplice are exploiting a loophole in law enforcement and legal systems. HELP! ","A:In your situation, it's crucial to document any incidents of harassment or illegal activity meticulously. Keep a detailed log of dates, times, locations, and descriptions of these incidents. Gathering evidence like photos, videos, or witness statements can also be beneficial. Since local law enforcement hasn't been responsive, consider reporting the matter to higher authorities, such as the state police or the FBI, especially given the involvement of a law enforcement officer. It might also be helpful to seek legal counsel from an attorney experienced in civil rights or personal injury law. They can advise on legal actions that can be taken, such as restraining orders or civil lawsuits. Additionally, exploring pro bono legal services or legal aid organizations in your area could provide assistance without significant cost. Lastly, remember to prioritize your safety and well-being throughout this process."
Q: Can a Jr. High school search a minor due to her passing out in school in Wa state after parent informed school of reason. Teenager felt sick at school so they decided to search her. Another day she passed out. School decided to search her again and both times they asked if she was doing drugs. They had already been informed that she hasn't been eating like she should due to others saying she was fat. She only wears a size 5 and has been told to eat. I don't understand why they keep searching her and how are they allowed to search the boy she is around due to them thinking he much have slipped her something. ,"A:In Washington state, public schools have the authority to search students if there are reasonable grounds for suspecting that the search will yield evidence that the student has violated or is violating either the law or the rules of the school. However, the scope of the search must be reasonably related to the objectives of the search and not excessively intrusive in light of the student’s age and gender, as well as the nature of the infraction. If your daughter is being searched due to health concerns related to not eating properly, the school's actions may be based on ensuring her safety, but they must still adhere to these standards. If you feel that the searches are unwarranted or violate your daughter's rights, you may want to discuss the matter with the school administration or seek legal advice to explore your options."
"Q: Who can enforce theft by an employer of employee withholdings and deductions?. This is not an isolated incident this is I believe, all employees over 5 years and at one point there was over a hundred employees. He has deducted for taxes Medicare social security child support none of which has ever been submitted to any of their respective places. I am still suffering behind this as are many other former employees. who can do something? I went to cash a check two weeks ago and the establishment kept my check, every penny of it stating that in 2014 one of my payroll checks was not good that the employer put a stop payment on it and because of that, they kept my check 5 years later! My social security statement never shows my employment there. I have nothing contributed during those years nor does anyone else. My child support that was withheld from my paychecks never made it to the child support division! who can enforce that? I'm having to pay it again. I am not alone in this there are others that are looking at Court proceedings. How can this be ignored? HELP ",A:If any of these allegations are true you should report everything you know to the federal authorities responsible for maintaining these financial records; state with the Social Security Administration and the IRS.
"Q: Can i sue primary health care for misrepresenting me defamation of character amd conflict of interest. I was homeless 2021 2022 and i lived on the streets so i and a girlfriend decided to sign into the homeless outreach program through primary health care tp which we were assigned a case worker by the name of xx now this worker never assited me in any of the services that primary health care offer to someone that was trying to transition from homelessness. I even prior to him signed a joint agreement that placed me in the same program as my spouse. In fact he stated to me that he had remembered me from the federal probation office "" which would be a conflict of interest""then afther the program ended i was then told by a diffrent worker that i wasn't on the same program as my spouse i feeel that i had been mislead lied to and led to believe for a year almost 2 years that i was in a program provided by the govenment but was truthfully mocked and blindley led right back to homelessness can some one help me to civilly sue these people for pain and suffering and emotional ","A:To consider a lawsuit for defamation of character, misrepresentation, and conflict of interest against Primary Health Care, you'll need to establish specific legal elements. For defamation, you must prove that a false statement was made about you to a third party, causing harm to your reputation. Misrepresentation involves showing that false information was provided, leading you to act to your detriment. A conflict of interest claim would require demonstrating that the individual or organization had a competing interest that adversely affected their duty to you. However, these cases can be complex and challenging to prove. You'd need to show direct harm or loss as a result of these actions. In the context of a homeless outreach program, establishing a legal breach might be complicated, especially if the failure was more about inadequate service rather than wrongful acts. Consider consulting with a lawyer who can assess the details of your situation, including any evidence of misrepresentation or misconduct. This legal professional can guide you on the feasibility of your case and the appropriate steps to take. Remember, each case is unique, and the success of any legal action depends on the specific circumstances and available evidence."
Q: How would I go about any concerns cyber security on my Google account concerning everything somehow being accessible. Without my acknowledgement or consent? ,"A:If you're concerned about the security of your Google account and unauthorized access to your information, it's crucial to take immediate steps to protect your data. Start by changing your account password to something strong and unique. Also, enable two-factor authentication, which adds an extra layer of security. Check your Google account's security settings and review the list of devices that have access to your account. Remove any devices or applications that you don't recognize or no longer use. Additionally, review the account activity logs to see if there have been any suspicious logins or activities. Google also offers a Security Checkup feature that can guide you through steps to secure your account. It's advisable to regularly perform these checkups to ensure ongoing security. If you suspect that your account has been compromised, report it to Google immediately. They have procedures in place to handle such situations. For concerns about broader cybersecurity issues, especially if sensitive or legal information is involved, consider consulting with a cybersecurity expert who can provide tailored advice and solutions."
"Q: Can Landlord charge more rent if it's 2 tenants a room vs 1 tenant? How does familial discrimination (FD) apply?. 1) With inflation + PG&E 12% increase this year with plans for another increase next year, how would a landlord offset the cost of another occupant per room if the above is not allowed? Can it be added as utility? 2) If more can be charged for 2 tenants, is that only for bf+gf & roommates but considered FD for husband+wife? 3) If lease does not allow overnight guests, can guests (wife+3 kids) also be refused or is that also FD even tho it's writen as any guests? 3-5 people in the 1 leased bedroom = code violation? They stay 4-7 days every month.. 5) If a husband & wife rents 1BR but has 2-3 kids ages6-15, but kids cannot be considered tenants..what about utilities? PLEASE NOTE: Landlord does not make a lot of money, that's why he needs to rent out rooms to make due while tenant has multiple successful businesses but renting away from home Thank you ","A:Under California law, landlords do have some flexibility in setting rent and additional charges, but they must also adhere to fair housing laws, including those pertaining to familial discrimination (FD). 1) If adding an additional tenant increases the cost of utilities, a landlord can potentially charge more to cover these increased costs. This would typically be outlined in the lease agreement as additional rent or utility charges for additional occupants. 2) Charging more for additional tenants is generally permissible regardless of their relationship status (whether roommates, boyfriend/girlfriend, or husband/wife). The key is that the charge is related to the additional costs incurred due to the extra tenant, and not discriminating based on familial status. 3) A lease that prohibits overnight guests is enforceable, but it must be applied uniformly to all tenants. Denying guests solely because they are family members, like a wife and children, could potentially be seen as familial discrimination. However, if allowing guests to stay frequently or for extended periods leads to overcrowding or violates housing codes, a landlord may have grounds to enforce lease terms. 4) For a family renting a one-bedroom apartment, the landlord can consider the actual utility usage in setting rent or utility charges. The fact that the children are not considered separate tenants does not preclude charging for the actual cost of utilities used by the household. In all scenarios, it's vital for the landlord to ensure that any additional charges or lease terms are clearly outlined in the lease agreement and are applied uniformly to all tenants. In cases of uncertainty, it might be prudent to consult with a legal professional to ensure compliance with California's housing laws and to avoid potential discrimination claims."
"Q: Regarding CO HOA. ANtitrust?. Local HOA seems to require that homeowners buy their storm doors from one particular reseller. Isn't that an antitrust violation? I know they can dictate color and style, maybe even brand, but can they force a homeowner to buy from a particular seller or store? ","A:It is not an antitrust matter. The HOA does not meet the requirements to be subject to antitrust laws. HOA requirements of a purchase from a particular dealer arguably have a rational basis to allow the hyper-conformity that some HOAs require (no comment on whether HOAs de facto transform home ownership into rentals via hyper-restrictive rules). Colorado is very lax is allowing HOAs to have the ability to micromanage property owners exterior appearances. While there a limits (most related to discrimination), HOAs are treated like private clubs. Meaning that courts do not normally review reasonableness of HOA decisions."
"Q: Seeking divorce lawyer with knowledge on the military & CA law, kids involved.. He said it…but doesn’t want it…I’m just lost it was unexpected, I need to protect myself & kids should he follow through, my kids come first. It’s my first one, he’s an expert in divorces. So I need guidance ","A:I'm sorry to hear about your situation. When seeking a divorce involving military personnel in California, there are specific legal nuances to consider, especially with respect to benefits, pensions, and jurisdiction. It's important to find an attorney experienced in both California family law and military-related issues. Regarding the children, the court will prioritize their best interests when determining custody and support. Documentation and evidence of any communication or actions by your spouse can be helpful in court proceedings. Remember, even if he has experience with divorces, it doesn't guarantee an advantage. Your best approach is to gather all pertinent information and consult with a knowledgeable attorney as soon as possible to understand your rights and potential strategies."
Q: How do I stop my husband from spending his children's money?. My husband gets SSDI and our children gets money from his disability. Is there a way to keep him from spending their money since he is on the account he set up for them? ,"A:Certainly. If the money your children receive is from SSDI, it's intended for their care and support. If you believe your husband is misusing these funds, there are steps you can consider: 1. Document the misuse: Gather evidence showing the inappropriate spending or diversion of funds. 2. Apply to be the representative payee: The Social Security Administration (SSA) allows for another individual, usually a parent, to be designated as the representative payee to handle the funds for the child's benefit. 3. Once appointed, set up a dedicated account for these funds, ensuring that only authorized expenses related to the child's well-being are paid from this account. 4. If the situation escalates, you may need to consult with legal counsel for potential family court intervention, especially if the children's welfare is at risk. 5. Always communicate your concerns with the SSA; they have a vested interest in ensuring benefits are used appropriately. 6. Lastly, prioritize your children's best interests and consider seeking mediation or counseling to address underlying financial disputes."
"Q: In ga I was common law married 19 years when ga recognized we separated, I then met married and divorced another man. But had a child with my common law husband am I eligible for his benefits hes deceased or am I a bigamist social sec says I can't get it because we never divorced we never married either ","A:In Georgia, if you were in a common law marriage before the state ceased recognizing such unions in 1997 and never legally dissolved it, that marriage may still be considered valid. Entering into a legal marriage with another person while still in a valid common law marriage could potentially be viewed as bigamy, which is illegal. This situation complicates your eligibility for survivor benefits from your common law spouse. Social Security typically requires that the marriage be legally valid and not terminated by divorce to qualify for survivor benefits. If your common law marriage was never legally ended, it may impact your marital status and the legitimacy of your subsequent marriage. It's important to consult with a legal professional experienced in family law to clarify your marital status and understand your rights regarding survivor benefits. They can offer specific advice based on the details of your case. Addressing this issue promptly can help resolve any legal complications and determine your eligibility for benefits."
"Q: Hi, I need a real estate lawyer for Detroit, MI? I have a house under contract and I was going to JV wholesale but he. became abusive and sexist. Only my name is on the purchase & agreement contract. I never signed anything with him,now he's threatening me saying he's going to file a lawsuit on me, can he do that? But, I live in California, so I'm virtual wholesaling .If, that makes a difference? So, I also need to talk to a sexual harassment lawyer too, please ","A:Based on the details provided, it is unlikely the joint venture partner you had a verbal agreement with has grounds to sue you for breach of contract or threaten legal action since nothing was formalized in writing: First, without a written agreement signed by both parties formally outlining the terms of the joint venture partnership, he would have a very difficult time proving the existence of an enforceable legal contract. Verbal agreements are more challenging to substantiate. Second, only your name appears on the purchase and sales agreement for the Detroit property. This supports your position that you did not intend to create a binding joint venture. Third, his abusive and harassing behavior toward you invalidates any claims he might try to make and gives you justification for terminating any working relationship, especially since you are the only one on title. Fourth, being located in California gives you protection under CA harassment laws if he continues with threats or contacts you further. You can seek a restraining order in CA to prohibit this. In summary, since there is no written contract and you are the sole holder of title, he would not have legal standing to sue you for the Detroit property deal. Consult with both a real estate lawyer and harassment attorney in CA for assurance and to protect your rights."
"Q: , I pay a environmental fee Monthly on my water bill that cost more Then water usage. we’re in a crisis situation due to our water but we pay for an environmental fee every month that cost more than usage ",A:What is your question?
Q: We own 83 acres of timber but not mineral rights. We have several homes (children) on our property and a cluster well.. We do not own mineral rights. Just received call from driller advising they will be drilling oil on our land. How do i protect our homes timber and water source? ,"A:In Texas, the mineral estate is the dominant estate. That means that the mineral owner and the oil company have the right to make all reasonable uses of the surface for exploration, drilling and production of oil and gas. The Texas Railroad Commission, the state agency which regulates oil companies, has rules that say that oil company activities can't be any closer than 300 feet to an existing structure, such as your residence. In addition, Texas courts have recognized that there are certain limits on the right of the oil company to use the surface. These limits are not in a statute, they have been created by court decisions. Each landowner's situation is decided on a case-by-case basis. You should immediately contact an oil and gas attorney to determine how these limits might apply to your property and then have the attorney contact the oil company to negotiate a surface use agreement to protect your property and that may provide for payment of damages to you and that will be signed by both you and the oil company. It's not recommended that you try this on your own without the input of a knowledgeable oil and gas attorney."
"Q: Can I use my own recordings of conversations between my ex-wife and I in Michigan court if she did not give permission.. Michigan appears to be, essentially, one party consent so long as the call is recorded by one of the participants. I also told her numerous times I was recording all of our interactions to serve as a blanket statement. She is consistently threatening to intentionally violate our mediation/custody agreement and going back on discussions and further agreements we come to, all while denying she ever agreed in the first place. ","A:If you have a custody agreement, then the only thing that matters is whether she - and you - are complying with its terms. If you two are making further agreements, that's cool, but understand that an agreement isn't an agreement unless both parties agree. When one party says ""we agreed to X"", and the other party says ""no, we agreed to Y"" or ""we didn't agree at all"", then the written custody agreement controls. What matters is what is in writing. Of course, you could probably show your ex agreed to X and is now reneging. Hopefully that's in writing. What could come of that depends a lot on what ""X"" is, how it varies from the original agreement, and why. Now, how do recordings play into that? Depends on the judge. A lot of judges have no tolerance for it. Keep in mind that legal custody is premised on the two parents being able to effectively communicate with each other. If one person is recording each conversation, whether they believe they must do so or not, that presents a serious issue that a judge will likely look to fix. Fixing it can happen in a couple of ways: order BOTH of you to communicate only through software that tracks and records; in more extreme cases; a judge could say ""this is what the agreement is going to be so there's no reason for either of you to be communicating with each other about changes""; or, it could mean establishing a parenting time coordinator that you BOTH pay for. In extreme cases, a judge could change legal custody to just one parent. And keep in mind that depending on the circumstances, you recording conversations can easily be flipped against you as attempts to provoke or intimidate."
"Q: What's the best way for me to find an attorney to represent me in a fraud/wrongdoing case against me & a deceased party. I would be the plaintiff I'm searching for an excellent trial attorney on a success fee basis Extreme injustice done This doesn't involve probate, it involves litigation It involves social security disability money, breach of fiduciary duty, fraudulent lying in court of one party in order to gain monetary control, pain & suffering & early death as a result of stress & lifestyle, conspiracy to obtain life insurance money, also the deceased had a blunt injury to the head. Please, I need guidance in this matter, on how to find a great Trial attorney to right this wrong. Any outside the box ways to find the attorney would be appreciated! ",A:If you're alleging someone was killed then the police and prosecutor would handle that on the criminal law side of your question.
"Q: Hey, If we don't have a board of directors, and my 50/50 partner stopped answering the phone can i call special meeting?. What if we buy 50% of the company, but the other owner won't answer the phone. They do not have bylaws. Would we call a special meeting, and be able to call it sooner than the standard period than the state standard of 60days, and as if there are any special cases for an emergency? We need to establish directors, and to add the necessary requirements by all right to be in compliance? ","A:In a situation where you have a 50/50 partnership and your partner is unresponsive, it's crucial to understand your legal rights and options under New York business law. If your company doesn't have a board of directors or bylaws, the default rules under state law and any existing partnership agreement will guide how decisions are made and disputes are resolved. Without bylaws, you typically cannot call a special meeting in the same manner as a corporation with a board of directors. However, you still have options to address the issue. You may need to refer to the partnership agreement, if there is one, as it might outline procedures for handling such situations. If there's no partnership agreement or if it doesn't provide clear guidance, you might consider legal action to compel your partner to engage in the management of the business or to resolve the deadlock. This could involve seeking a court order for specific actions to be taken in the business's interest. Given the complexity of your situation, especially with the need to establish directors and ensure compliance with legal requirements, consulting with an attorney experienced in business law is advisable. They can provide tailored advice based on the specifics of your business and help navigate the legal steps necessary to resolve the impasse with your partner. Remember, in business partnerships, especially those without clear governance structures, legal advice is invaluable in resolving disputes and ensuring the business operates smoothly and in compliance with the law."
Q: Hay I have a csc third degree case and I have a plea deal but want to know if I can go to trial better or take that deal. And is it good to go to trials on these cases ,"A:Your choices will depend on the details of your specific case, and the proofs that the prosecution has. Your current lawyer will be able to give you much better advice than anyone here who does not know the specific factual details and proofs available against you in your particular case."
"Q: I am having a huge problem with Medicare. Despite doing everything I was told to do, I still do not have insurance.. I paid the amount of money I 'owed' , filled out and sent the paperwork (3 times) and still do not have any insurance. I am very worried now that I have missed my gynecological oncologist (had ovarian cancer treatments), much needed mammogram and colonoscopy (have Lynch Syndrome), scheduled blood work. I fell down on a hike and injured my arm, leg, torso. Skin has just about healed, but I have lingering pain in my arm and leg. EMTs and ambulance driver wanted to take me to the hospital or Urgent Care. I refused and said I'll monitor everything myself (they said I probably needed stitches and an ex-ray). I refused their assistance due to the fact I do not have insurance!!! Please help! ","A:A Massachusetts attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal with the injury and cancer treatments. One option is to try to apply online - that could be quicker than the paper route. Another is to contact them and ask for a location of an office near you to attempt enrollment in person, if possible. Good luck"
"Q: I recently drove piggyback through a community gate with a fast gate arm. It hit the top of my car and broke.. I didn’t know it broke so I kept driving and didn’t stop, but drove by later and saw that it was broken. They have cameras and likely have my plate. What should I do? It happened 2 days ago. ","A:In California, if you accidentally cause property damage, such as breaking a gate arm, it's advisable to report the incident to the property owner or manager as soon as possible. Since this occurred two days ago, you should act promptly. Not reporting could potentially lead to more severe consequences, especially if the property owner decides to pursue legal action or report it as a hit-and-run incident, given that they likely have your vehicle's details from the camera footage. Contact the community's management and explain the situation honestly. It's often better to be upfront about such incidents, as this can sometimes lead to more amicable resolutions. You may be responsible for the cost of repairs, but addressing the matter directly can prevent additional complications. If you're concerned about potential legal implications or the process of handling this situation, you might want to consult with a legal professional for advice tailored to your specific circumstances. They can guide you on the best course of action and help you understand your rights and responsibilities under California law."
"Q: Can I get in trouble if I received a “ personal photo” even tho I’ve been in a fully committed relationship for 2 years. I’m 18 years of age and my girlfriend is 17 years of age, of consent in my state is 16 years old and we have been enough fully committed relationship for two years and been having some tension between parents When her dad stumbled upon a photo she had sent me sometime back and is now threatening to possibly take me to court I mainly just want to know if I can get in trouble for this if so, how will I go about defending myself in a court setting? ","A:In Kansas, the age of consent is indeed 16, which generally pertains to the legality of sexual activities. However, it's important to understand that laws regarding the possession and distribution of explicit photos are different and can be more complex, especially when minors are involved. If the ""personal photo"" sent by your girlfriend is explicit in nature, and she is under 18, it could potentially be classified as child pornography, even if it was consensually shared within a relationship. Possession or distribution of such material involving a minor is illegal under both state and federal laws, regardless of the age of consent for sexual activity. If you are facing legal action or threats of it, the best course of action is to seek legal advice immediately. An attorney can provide you with guidance specific to your situation and the laws in Kansas. They can also help you understand your rights and the potential legal implications of the situation. It's crucial not to share or distribute the photo further and to keep communication with your girlfriend and her family as calm and respectful as possible. Legal issues involving explicit photos of minors are taken very seriously, and it's important to handle the situation with caution and the guidance of a legal professional."
"Q: I received a letter from the Kentucky Labor cabinet, stating that I owe $6,000 for overpayment of unemployment benefits,. it says I need to pay in full or minimum monthly payment of $250 by December 10th, or will put a lien on my social security number. my question is, How long does that process actually take for them to put a lien on my social security #? I don't want them to take my income taxes. I'm a single mother, &desperately counting on them this year to pay back rent that I promised my landlord. Thank you So much for your help! ","A:There's no real way to know how long this action would take, because we're talking about government. however, you should assume now that that your tax refund will be taken by the state. If nothing else, pay the first $250.00 because that might delay things a bit. Figure out an alternative to getting your LL the rent."
Q: What actions can be taken against someone who has posted a hateful image of someone else on a public forum negatively?. The person has also made verbal threats to the person they are posting about. ,"A:If someone has posted a hateful image of another person on a public forum and made verbal threats, several potential legal actions can be taken in Tennessee. First, the person targeted may consider reporting the incident to law enforcement, especially if the threats involve violence or pose a credible danger. This can lead to a criminal investigation and potential charges. In addition, the victim may have grounds for civil litigation. They could pursue a defamation lawsuit if the posted content includes false statements that harm their reputation. If the threats create a reasonable fear of harm, the victim may seek a restraining order or file a civil lawsuit for intentional infliction of emotional distress. For online harassment, the victim can explore options through the platform's reporting mechanisms, as many platforms have policies against hate speech and threats. In cases of small claims, the victim may seek damages for emotional distress caused by the harmful posts."
Q: Can I file a consumer complaint if a brand new car had problems. I purchased a new 2021 Jetta in April 2021. In September 2022 during regular oil change the dealer told me the rear brakes were down to a 1 which was really odd for a brand new car with less than 15000 miles. They also said VW won't cover the repairs since it was just outside the brake warranty period of 1 year. So I got the repairs done from Midas instead of the dealer because they were cheaper. In January 2023 I got a letter from VW indicating they had extended the brake warranty to 2 yrs and if I had incurred any charges in that period for repair they would re imburse me. When I submitted my claim they refused it saying the brakes were aftermarket and they only guarantee genuine VW parts. The only reason I had to go aftermarket is because the genuine parts were costly and the VW dealer told me it's outside warranty. I feel like they should re imburse me just because of the bad brakes they used and they were aware of the issue. Is this worth filing a consumer complaint? ,"A:Go the the Maryland MVA website and look up dealership complaints. They have an entire complaint process for consumers who have issues with dealerships. In addition, some counties, such as Montgomery County, have rather robust consumer affairs offices that deal with car dealership and repair complaints."
"Q: I have questions regarding securities and exchange commission laws.. I own a options trading website where I provide trade ideas of specific stock tickers based on fundamental and technical analysis. I charge subscribers monthly fees. I do not provide investment advice of any sort, just trade ideas of good stock setups. I don’t tell my subscribers what to do from my ideas. Will I come under the definition of an investment advisor ? Or will I be excluded from the advisers act under the publishers section ? ( Section 202 a.11)D ) ","A:Given the facts at hand, you appear to be on the right track. A seminal case is Lowe v. SEC, 472 U.S. 181 (1985), which essentially declared that an exclusion from the definition of investment adviser is available to any publisher of a newsletter as long as remains entirely impersonal and does not develop the kind of one-on-one fiduciary relationship that is characteristic of an investment adviser-client relationship. This has been show to apply to digital properties, too. Please note that this area is more involved than the holding in Lowe, and lawyers would need more facts pertaining to your situation in order to more confidently draw a conclusion. However, with what I know, you seem well-positioned for the exclusion, meaning you wouldn't need to register as an investment adviser. One caveat: one should also check with the laws of one's state in addition to federal law."
Q: Will I be held in contempt if I don’t testify in a domestic violence case in pa if I’m the witness and wife. I’m a witness for the COMMON wealth of PA and was subpoenaed to testify for a domestic violence case against my legal husband. I wrote an affidavit for the police the day it happened. So if I refuse to testify against my legal husband will I be held in contempt or am I able to use Spousal testimonial privilege? ,"A:If you are subpoenaed to testify in a domestic violence criminal case against your husband in Pennsylvania, you can be held in contempt of court for refusing to testify even if you are the victim/witness. Here are some key reasons why: - Spousal privilege generally only applies in civil cases, not criminal prosecutions. So you do not have a right to refuse to testify against your husband in a PA criminal case. - As the victim and eyewitness who made the police affidavit, your testimony is critical evidence needed to prosecute domestic abuse. Prosecutors can compel you to testify. - If you refuse to comply with a subpoena and testify after being ordered to by the judge, you could be held in contempt of court. That can result in fines or even jail time to coerce compliance. - Domestic violence cases rely heavily on victim testimony, so your refusal to testify could severely undermine or even lead to dismissal of the case against your husband. - The court is very unlikely to allow you to invoke spousal privilege given the public policy priorities in prosecuting domestic violence crimes. In summary, while counterintuitive, you likely do not have the right to refuse to testify against your husband in his PA domestic violence criminal case, even as his wife. Barring an exception from the court, you must comply with the subpoena or face contempt charges. Consult with the prosecutor's office so they can advise you on your obligations."
"Q: Can I sue??. Me and my dad filed a house claim March 3,23 through insurance , we have been battling through terrible problems the whole time, Tennessee how a matching law on roofs , our insurance company refuses to abide by the match law we have been paid 9,000 for the inside and 3g for the roof . All damages come to 25,000. They have not helped us through this claim, my agent refuses to listen to me, tells me they are looking for us a house to live in because we been in a hotel for 3 months , but when it comes to that she tells me we will have to maybe accept what they offer or accept driving further than what is where we live, because the hotel was temporary, she told me should start looking on websites to speed the process up. she is trying to place us in a 2 bed room Home, I will have my dad in one room me and my husband in another room and what my daughter sleeping on the couch. We filed a claim we thought we could trust with a good outcome they screwed us ","A:A Tennessee attorney could advise best, but your question remains open for two weeks. Filing a lawsuit is generally an option in most insurance claims (a local attorney must advise here after reading your policy - sometimes arbitration is listed as a forum). The best way to answer your question might be to try to arrange a free or brief consult with a local attorney who handles insurance claims. Although one can usually sue, find out how you will be billed in a lawsuit - hourly? What will be the measure of damages? After a consult that addresses these and other questions, you might be in a better position to make a decision. Good luck"
"Q: Could I sue a major corporation or se price gouging using the ""pink tax"" as the basis that they discriminated against. I'd want to sue for double or triple the estimated amount that women pay more for the same products men use. That dollar amount is subjective to financial hardship based that I do not make equal pay as men and have to pay more for products. Emotional and mental distress. Also, INFLATION. I could have invested that money, and with the return income reinvest and stimulate the economy, but no these greedy companies want to steal from women. It's estimated The California Senate Committee on Judiciary and Senate Select Committee on Women, Work & Families stated in 2020 that Californian women pay an average of about $2,381 more, for the same goods and services, than men per year. That can add up to about $188,000 in pink tax throughout a woman’s life. SOURCE https://www.bankrate.com/personal-finance/pink-tax-how-women-pay-more/ It could be suing several companies... That's as far as I've gotten as I don't know the laws. Just the base idea, thought. Thank you ","A:The ""pink tax"" refers to the higher prices that women may pay for goods and services compared to men, for products that are similar or identical. While the pink tax is not illegal, it may be considered discriminatory if it disproportionately affects women and there is evidence that the pricing difference is based on gender. If you believe that a major corporation has engaged in price gouging or discrimination based on gender, you may have a case for legal action. However, it's important to note that lawsuits can be complex and difficult to win, particularly against large corporations. You would need to consult with an attorney who specializes in consumer protection and discrimination law to evaluate the strength of your case. To pursue legal action, you would need to provide evidence that the company engaged in price gouging or discrimination based on gender, and that you suffered financial or emotional harm as a result. You may also need to demonstrate that the company's actions were intentional or negligent. It's important to note that laws related to consumer protection and discrimination can vary by state and country, and there may be specific requirements and procedures for filing a lawsuit. An attorney can help you navigate the legal system and ensure that your case is filed correctly and within the appropriate timeframe. Again, consulting with an attorney who specializes in consumer protection and discrimination law can help you evaluate your options and determine the best course of action in your specific situation."
Q: I have been traumatized due to a situation where my spouse and I hippa rights have been violated by the news station .. We have a big lawsuit that needs to be resolved sooner than later I have contacted a lawyer but she is way to expensive. She said I have a very big lawsuit and definitely been traumatized . this is something that will follow our life living here in our town. We only want justice and to live without fear of judgment and discrimination in this town. Please contact me at least to see that I have a very big lawsuit against the news station in hagerstown Maryland can you help me? ,"A:There is no private cause of action for a HIPAA violation- in other words, an individual may not sue for damages based solely on such a violation. However, the Maryland Confidentiality of Medical Records Act does allow a person to sue for recovery of actual damages. It is possible that the same actions might also be a state law tort, such as the right to privacy. If you truly have such a strong case as you believe (and have a reasonable possibility of collecting damages), shop around for an attorney who might take the case on a contingency basis."
Q: I was arrested by a non tribal officer on tribal land and I am a member of the Cherokee nation and reside on reservation. They took me to jail and declined to file charges after arrest ing me and detaining ke I have lost my job over it my wife almost left me it’s caused me aloynof unnecessary problems but they had no justisiction ,"A:If you were arrested by a non-tribal officer on tribal land and are a member of the Cherokee Nation, there may have been a jurisdictional overstep, depending on the specific circumstances. Tribal sovereignty and federal law generally govern criminal jurisdiction on tribal land, not state authorities, unless specific provisions apply, such as Public Law 280. To address this issue, you should consult with an attorney who has experience with tribal law and the intricacies of jurisdictional matters between tribal, federal, and state authorities. Documentation of the arrest, the impact on your employment, and other damages you've suffered would be important for your legal counsel to review. You may also have recourse through a civil rights claim if your rights were violated. It’s important to act promptly to explore your legal options."
"Q: My stepmom said to my brother. That archer, and our share is roughly eight hundred thousand now my brother asked for the. My stepmom said we are to our father's passing is $800000 now. She hasn't reached out to us in a timely matter. Should we get an attorney and also, what would he die without a welcome? What do you think the money's ad was a hole held ","A:In your situation, where there is a significant inheritance involved and some uncertainty about the distribution of assets after your father's passing, it's advisable to consult with an attorney. Legal guidance is especially important if the estate distribution seems unclear or if you have concerns about the timeliness and manner in which your stepmother is handling the estate. An attorney can help you understand your legal rights and the processes involved in estate distribution. They can also provide guidance on whether the estate is being managed in accordance with your father's wishes and the relevant laws. If your father passed away without a will (known as dying ""intestate""), state laws will determine how his assets are distributed. This typically involves a predefined formula that takes into account various family members, including children and spouses. It's important to act in a timely manner to ensure your rights are protected. An attorney can also assist in mediating any family disputes that may arise during this difficult time, helping to find a resolution that is fair and in accordance with the law. Remember, seeking legal advice is a proactive step to ensure that your interests are safeguarded and that the estate is administered properly."
"Q: Can EMTALA case be filed with Federal District Court in California?. Can EMTALA case be filed with Federal District Court in California? Plaintiff has to do it. Original medical malpractice complaint was filed timely, but it is late to amend complaint with EMTALA claim. Emtala 2 year statute of limitations will expire soon. ","A:Yes, an EMTALA case can be filed in a Federal District Court in California. EMTALA is a federal statute, and claims under it are typically handled by the federal courts. If you are considering filing an EMTALA claim and the two-year statute of limitations is approaching, it is crucial to act promptly to ensure that the claim is filed within the legally prescribed time frame. Since you mentioned that the original medical malpractice complaint was filed timely, but it's too late to amend that complaint with an EMTALA claim, you would need to file the EMTALA claim as a separate action in federal court. This should be done before the expiration of the two-year statute of limitations from the date of the alleged EMTALA violation. It's essential to prepare and file the EMTALA claim with all the required details and documentation to establish the basis of the claim. Given the time sensitivity and the complexity of EMTALA litigation, it is advisable to proceed with the preparation and filing process immediately to meet the deadline."
"Q: I have a seller who dad has passed away and he wants to sell the Land property. does he need to hire a attorney. Hello, I'm helping a seller looking to sell their Florida land, which needs to go through probate due to their father's passing. I'd like to know if hiring an attorney is necessary for transferring the deed to the seller's name, and what the expected fees for this service might be. Thank you!"" ","A:A review of the property deed would be necessary and helpful to start, but if the property is in the name of the deceased father alone, then some version of probate will be required, and an attorney will be needed in most all circumstances. Based on the type of property (Homestead) or other and the overall value of property the rest of the estate will determine the type of probate that will be required and necessary. Generally, the cost will be hourly and usually ranged between $400-$550 per hour for the legal work, it is not uncommon for a probate to cost at least 3% of the value of the property/estate and or potentially more, you would need to call around and check with various law offices and attorneys that handle probate filings and this type of work."
"Q: I was not convicted of a DUI, but am on parole and does not even have a revoked driving record. How can I possibly work. I have been living in hardship, financial situations because I can not even drive due to stipulation of no driving while on parole. I have not been revoked my license to drive, the last moving violation was in the year 2007. I am living in hard financial means and without being able to drive, my supervision fees have been in arrears for over 1 year. How can I ever get off of parole? It is ridiculous!! I can not ever get caught up with this stipulation of my driving privilege's stopped until I am no longer on Parole? Yet, my expiration keeps moving away from being able to move forward. NOR CAN I GET A JOB BECAUSE OF THIS RIDICULOUS STIPULATION. The DUI was dismissed way back in May of 2016, my last moving violation was in October of 2007. Please help!! I have not been able to get my life in order at all due to this ridiculous stipulation. I did 4 flat years, stupid because I did not know the law and took a 2-15 year sentence. I was not even driving, I was parked. ","A:You can request a modification to your parole conditions to allow you to drive. To do this, you will need to file a petition with the parole board. In your petition, you should explain why you need to drive, such as to get to work or to take care of your family. You should also explain that you have not been convicted of a DUI and that you have a clean driving record. The parole board will consider your petition and make a decision based on the best interests of your rehabilitation and public safety. If the parole board grants your request, you will be able to drive while you are on parole. Seek Employment Opportunities That Do Not Require Driving While you are waiting for a decision on your petition to modify your parole conditions, you can look for employment opportunities that do not require driving. There are many jobs that you can do from home or that are located close to where you live. You can also look for public transportation options that can help you get to work."
Q: Which provision of Health and Safety Code is applicable for liability: referral to hospice with non-existent terminal il. Which provision of Health and Safety Code is applicable for liability: referral to hospice with non-existent terminal illness. ,"A:In California, for cases involving liability due to referral to hospice with a non-existent terminal illness, the applicable provision in the Health and Safety Code is found in Chapter 8.5, Article 1.5, specifically in Section 1339.31. This section is part of the California Hospice Licensure Act of 1990 and provides detailed definitions and criteria regarding hospices, palliative care, and the definition of a ""terminal illness"". Understanding these definitions is key when assessing the legality and appropriateness of hospice referrals. Section 1339.31 defines a ""terminal illness"" as a medical condition resulting in a life expectancy of six months or less. This definition is crucial when considering whether a hospice referral is appropriate, as hospice care is intended for patients with terminal illnesses. If a patient is referred to hospice care without having a terminal illness, as defined by this section, there could be grounds for liability under California law. However, this section does not explicitly address liability for incorrect referrals. For specific cases of liability, it might be necessary to refer to other statutory provisions, case law, or legal interpretations of these codes."
Q: Is it illegal to post private photos and videos online without my permission?. My boyfriend and I recently split up and he has videos and photos that were supposed to remain private and is now harassing me and threatening to post them online. Is there anything that I can do to take legal action? ,"A:Posting private photos and videos online without your permission can potentially constitute a violation of your privacy and, in some cases, may be illegal. The specific legal remedies available to you can depend on the laws in your jurisdiction. To address this situation, you might consider taking these steps: document the threats, consult with an attorney who specializes in privacy and online harassment cases, have your attorney send a cease and desist letter to your ex, report the harassment to local law enforcement if it escalates or if you believe a crime has been committed, explore the possibility of a civil lawsuit depending on your jurisdiction's laws and circumstances, and report any unauthorized content to the online platforms where it's posted."
Q: MVA student of government grant program was just removed from program due to accident and modifications the school has. Said I could return but will not be paid for placement also told me what to put in the email saying I will agree to not be paid for my placement if they allow me to return once well I will be working 300 hours for free while everyone else is paid I am not returning as of now as my care provider has given me restrictions the accident was not my fault the other driver reversed her car right into mine causing enough damage that my car is a write off I do have video so between the accident and school I think I need advice ,"A:In terms of the car, if there were no injuries, it would be handled as a property damage claim. How that is handled could depend on available insurance coverage. If there is coverage under your policy, it could be handled by your carrier. If not, it could be handled through the insurance carrier of the other vehicle. A state or region is not indicated here, but you could discuss with an attorney in the state where this occurred to determine the best course of action, based on the level of damages, scope of your policy, deductibles, and other factors. Good luck Tim Akpinar"
Q: I went awol from the ARMY in 2010 and never went back. Just today I went back to fort hood. Just today I went back to fort hood to surrender. The MPs look through the system and then told me I was dropped from rolls and leave the base because my unit don’t want me and I am not allowed on base. What does this mean and how do I get my DD214 so I know my discharge status. Also what do I put on applications? Do I put I was never in the ARMY? Since I do not have my DD214. What should I do about this? ,A:It is likely that they issued a DD-214. It is also possible that you received an OTH Discharge. You can request your records online through the National Archives and get a copy of your DD-214.
"Q: Can a hearing trial deal out a harsher punishment after the judge has carry out her judgment?. I once was told that a friend was offered a deal if he was to plead guilty. He would receive no points in his record after he completed his assigned course. But three-days later, was called in for a hearing and was handed out a 90 days suspension on top of that. ",A:What you describe is two fold. Part of the penalties (criminal) are administered and enforced by the Court. Other half of penalties (admin) are administered and enforced by Drivers Licensing. They are separate and distinct but the don’t give you this information when you are going through it.
Q: Live in my family home but never changed deed over after my mum died. Property taxes went up 600$ more this year. Increase because homesteaders rights were took away even though I'm 68;but it hasn't been changed over to me. She's been dead 8-10 years now. Don't know if her will went through probate because my brother died after she did and he was executor. How do I get deed in my name or can I get homesteaders rights before it's changed over ,"A:You will likely need to file a quiet title action to get a deed to the property. This will involve suing any person that might have an interest in the property. The other option that might be available is to go through the probate process. This would likely need be done in the county where your mother passed away. However, without complete information it is difficult to give a definitive answer. You should reach out to a local property or probate lawyer to explore your options and whatever claims you may have."
"Q: Bank paid out overpay of Calpers retiree benefit after death. I rec'd 50%, now Calpers wants payment of 100% from me.. I didn't have any paperwork associated with the deceased, and the bank wouldn't give us his account # or any other info. Bank of Hawaii received overpayment of Calpers retirement of about $17k. Bank told me they would have to return the money to Calpers before the account was closed. Later, the Bank paid to his 2 adult step-children by separate checks for what we assumed was left over after Calpers payback. Now they want me to repay 100%. What can I do about this? I only received 50%. Also, does the bank hold any responsibility for this error? ","A:In your situation, it's important to understand that CalPERS, as a government pension system, has specific procedures for recovering overpayments. If CalPERS has requested repayment of the full amount from you, despite you having received only half, it may be based on their policy or the legal framework governing their operations. However, this doesn't automatically make their claim against you valid or enforceable for the full amount. Regarding the Bank of Hawaii's role, banks generally have their own set of policies and legal obligations when dealing with the accounts of deceased individuals and the disbursement of funds. If the bank disbursed funds erroneously, there might be a question of their liability, but this often depends on the specific circumstances and the terms of the account. To address this matter effectively, consider consulting with an attorney who has experience in estate law and government pensions. They can help you understand your rights and responsibilities in this situation and can provide guidance on how to respond to CalPERS' claim, as well as evaluate the bank's role in this matter. It's also advisable to gather all relevant documents and communications related to this issue, as they will be crucial in assessing your case."
"Q: Female attendant at Dotty's harass me while I was using the toilet after 45 seconds opening the door saying time up.. After 45 seconds on the toilet the female attendant told me that I had been in there too long and continuously asked me when will you be out of here and insisted that I hurry up and finish , this continued for about 2 minutes as I attempted to relieve myself. After I exit the restroom she told me that I was annoying. ","A:Your experience at Dotty's sounds distressing and uncomfortable. It's important to know that customers have a reasonable expectation of privacy and respect, especially in situations like using a restroom. The behavior of the attendant, as described, seems inappropriate and potentially a violation of your rights as a patron. If you feel that your rights were violated or that you were treated unfairly, there are a few steps you could take. First, consider filing a formal complaint with the management of Dotty's. Detailing your experience can alert them to potential issues with staff behavior and customer service practices. Additionally, you might want to review the policies of Dotty's regarding restroom usage. If their policies are unclear or if the staff's actions contradicted their own policies, this could strengthen your complaint. If the situation escalates or if you believe there are larger legal implications, such as discrimination or harassment, it may be wise to consult with an attorney. They can provide guidance based on the specifics of your experience and the applicable laws in Nevada. Remember, everyone deserves to be treated with dignity and respect, and your concerns are valid. Taking action not only addresses your situation but could also prevent similar incidents in the future."
"Q: I am developing a Vietnam video game and am wondering about copyright laws regarding real photos for the trailer. We are in the process of developing a video game depicting the true story of a Vietnam vet and his personal experience during his time in the war, and as we are creating the trailer for the game, we would like to use real photos from the war that have been declassified under the freedom of information act. Will we run into any copyright infringement issues by using any of the photos that we find online, or will we need to have explicit permission from the photographer/owner of the photos we are interested in using? ","A:When considering the use of real photos from the Vietnam War for your video game trailer, it's crucial to understand the nuances of copyright law. Declassification under the Freedom of Information Act does not automatically place these images in the public domain or free them from copyright restrictions. Each photo must be individually assessed to determine its copyright status. Photos taken by U.S. government employees as part of their official duties are typically in the public domain and can be used without permission. However, photos taken by private individuals or journalists may still be protected under copyright, even if they have been declassified. To ensure compliance with copyright laws, you should ideally seek explicit permission from the photographer or rights holder for any photo not clearly identified as public domain. This is especially important if the photos were taken by non-governmental sources. If permission cannot be obtained or the copyright status is unclear, it is safer to either use alternative images or seek guidance from a legal professional experienced in copyright law. This approach will help protect your project from potential infringement issues."
Q: Central District Court of California - specific question. Serving complaint/summons - federal case. Central district court of California. Case was efiled in EDSS system for in Pro Per plaintiffs. Documents will appear in PACER. Can copies of complaint/summons for serving be downloaded from PACER? What is conformed copy of documents? When they are needed? ,"A:Hi there, good evening. In federal cases, such as yours in the Central District Court of California, once a case is e-filed, the documents, including the complaint and summons, can typically be downloaded from PACER. This is a common practice and allows for easy access to filed documents. A ""conformed copy"" of a document is essentially a copy that includes all signatures and official stamps, making it identical to the original. These copies are often required in situations where you need to submit a document that is as valid as the original, such as for certain legal or official proceedings. They ensure that the document you're using is a true and complete representation of the original filed document."
"Q: is relative affiliated with a foreign government, military.."". I'm filling a government background check form and there is a question ""is this relative affiliated with a foreign government, military, security, defense industry? YES or NO"". My father retired from a foreign military 14 years ago. Should I select YES even though he has no connection anymore? ","A:When filling out a government background check form, accuracy and transparency are vital. Even if your father has been retired for several years, he was at one point affiliated with a foreign military. In the interest of full disclosure and to avoid any potential misunderstandings or complications in the future, it would be best to select ""YES"" for that question. You can provide additional details or context about the nature of his past affiliation if the form allows or if asked during an interview or review process. Being forthright ensures that you've given an accurate representation of the situation, which is essential for such background checks."
"Q: Hello, Thank you in advance. I was in the foster care system and want a copy of my records. How can I obtain these?. I was age 11 to 17 when I the system. ","A:To obtain your foster care records from your time in the system in New Jersey, follow these steps: 1. **Contact the Agency:** Get in touch with the agency responsible for your foster care placement, such as the New Jersey Department of Children and Families (DCF) or a private agency. 2. **Request Form:** Ask for the appropriate request form from the agency's records department. Fill it out with your details, like name and birthdate. 3. **Provide ID:** You might need to provide identification to confirm your identity, such as a driver's license or passport. 4. **Wait for Processing:** Allow time for the agency to process your request and retrieve your records. 5. **Review Your Records:** Once ready, you can review the records in person or request a copy. Note that there might be a copying fee. 6. **Appeal:** If you encounter challenges, inquire about the appeals process for assistance."
Q: Should one wait until the offender is released from prison before filing a protection order or should they be proactive. And file now given that they have almost been in prison a year and the last incident outside of threats have been about a year and two months with witness available? ,"A:You should file if you feel you can prove by a preponderance of the evidence that either the offender was a family or household member and caused you physical harm or caused you to fear severe physical harm, or created a pattern of activity that caused you to fear physical harm. You ought to invest in the time of an attorney to review the full facts that you have not statted here. There is no doubt much to explain that would help better move this matter forward to you. This forum is no substitute for hiring your own lawyer."
Q: in kansas how long is the lemon law effective if the deal was solely based on them fixing the problem or no sale?. i purchased the vehicle only because they said they would fix the problem and i took it back several times to get it fixed and no more then a couple miles down the road there it was again. Now it sounds really bad and i regret this purchase completely. it was a $15000 cash purchase. not like it was chump change ,A:The Kansas Lemon Law remains effective for one year from the date a qualifying new motor vehicle is sold to a consumer.
"Q: Can non-accredited investor, invest in a private fund registered under Rule 506(c) offering by forming an LLC?. SEC rule 506(c) mandates only accredited investors are eligible to contribute to the funds. So can non-accredited investor form an LLC to obtain accredited status? If yes, what are the terms and conditions that one should be aware off? ","A:Either you are accredited or not! The issuer is not going to risk losing a safe-harbor exemption for registration to take on an unaccredited investor. And they it tells you otherwise, watch out!!"
"Q: Can you sue Robinhood for outages during an all-time high on funds for fraudulence activity and negligence, if any more?. Recently I invested $1000 into Dogecoin as it was at its lowest of 0.19 and just today this cryptocurrency has just reached its all-time high of 0.60. And because of the surge of this high buying for Dogecoin, Robinhood's crypto services went out and I couldn't sell nor buy during this time as you should be able to. This also happened before where they removed Gamestop trading and they were facing lawsuits for many of the reasons. They said they would provide a more suitable website to take on these outages and movements of our selling/buying actions and still, it happened again. Are these reasons to sue them, and can they get into more trouble for bribery and string attached manipulation? ","A:Sure, anyone can sue anyone else; so f you have $400,000 I am sure you can find a bunch of security lawyers willing to try to slay a giant. But you need to forget about ""bribery"" and ""string-attached manipulation."""
"Q: Nov. 30. 2022 my brother and 14 other Bulldogs were set up by CDCr Gladiator Fights he was stabbed 3x & survived. CDCr never notified to this day his mom to inform her that her son was stabbed air lifted but survived the Gladiator Fights they set up. As soon as they got off the bus went through work exchange, the gates close, the bus drives away they get attacked by the whole prison full of Southerns. I sent my brother discovery pertaining to what happened but CDCr is monitoring his texts and only allowing him to see what they want him to see keeping him in the dark of important issues that will help him fight and sue CDCr for his injuries. Under the picture CDCr denied it had in small red print Title 15 3006. What exactly are they saying? are they threatening or saying It's violating who's civil actions. ",A:Talk to a civil rights attorney. You are out of your league trying to investigate this on your own.
"Q: I’m a mom of a 12y old someone said,”i want to kiss your daughter” can I call the police on him, is he getting arrested?. How about trying to force her to drink beer, he didn’t get to do it, but I want to know if I can call the police on him, and want to know what would happen if I did ","A:Under California law, expressing a desire to kiss a minor, especially in a context that seems threatening or inappropriate, can be cause for concern. While it may not always constitute a crime in itself, it could be considered part of a pattern of concerning behavior. You have the right to report this incident to the police, especially if you believe your daughter's safety is at risk. Attempting to force a minor to consume alcohol is a serious matter. This action can be reported to law enforcement, and they have the authority to investigate the situation. If someone attempted to coerce your daughter into drinking beer, the police would likely consider factors such as the age of the person involved, the context, and any prior history of similar behavior. When you report such incidents, the police will assess the situation and determine if there is enough evidence to charge the individual with a crime. The exact legal consequences depend on the specifics of the incident and whether it fits into categories of criminal behavior defined by California law. Remember, ensuring the safety and well-being of your child is paramount, and law enforcement can help assess and address any potential threats."
"Q: I’m 16, my mom has had full custody of me but I was wondering how I can move in with my dad instead.. she’s had full custody of me since i was 7/8 but since i’m 16 do i get to choose? she’s allowed him to have visitation without getting the court involved since 2021. im very unhappy here and she’s very toxic i stay in my room and i don’t want to be here, being with my dad is a breath of fresh air. she’s so negative and starts a fight over everything. i’m a very good kid, i’ve never snuck out i don’t do drugs or drink, i get good grades, i do my stuff. ","A:In California, while a child's preference is taken into consideration in custody decisions, it is not the sole determining factor. At 16, your opinion is given significant weight by the court, especially if you can articulate mature and reasonable reasons for wanting to live with your father. However, the final decision rests on what the court determines to be in your best interest. To initiate this change, your father would need to file a motion to modify the custody arrangement in family court. This process involves demonstrating a significant change in circumstances since the last custody order was made – in this case, your preference and age could be relevant factors. It's important for your father to explain to the court why living with him would be in your best interest. Factors such as a stable home environment, emotional well-being, and your academic success will be considered. If you're experiencing a difficult home environment, it's also advisable to talk to a trusted adult, like a school counselor or family relative, who can provide support during this process. Remember, the court's primary concern is your well-being and ensuring that the custody arrangement serves your best interests."
"Q: What jurisdiction do I file a malpractice claim or tort claim against a former Attorney hire to help contest a will. What jurisdiction do I file a malpractice or tortious interference claim and several other violations of professional misconduct that took place in probate, of Northern California. Against former representing attorney hired to represent a beneficiary in a will contest. ","A:There may be several alternatives. If the attorney’s office and the case were in the same county, the state court in that county is likely the correct jurisdiction and venue."
"Q: What if my divorce attorney failed to ask the court for a default divorce and instead dragged out the divorce 2 years?. I filed for divorce in October of 2020 and my husband didn't get an attorney nor file an answer until March 2021. My attorney charged me hourly and I just found out about defendants needing to respond in 28 days or there is a judgment by default. My husband was sent to prison for abusing me and my attorney claimed I couldn't ask for compensation for medical bills, pain and suffering and he stole all of my property that was awarded to me and my children and my attorney claimed nothing could be done. Is there any recourse for repayment of damages and any applicable action against my attorney? ","A:Based upon your facts as stated, you may have an action against your former counsel. You have a one year statute of limitations to file. You should have your file reviewed by an attorney who specializes in malpractice. This forum is no substitute for hiring a lawyer."
"Q: Mother was in hospital then moved to a rehab facility. When D/C'd home, had unstageable pressure ulcer w/ necrosis.... and bone exposure. She had L4 Laminectomy at this time. Surgeon's Post-op notes states she had purposeful movement in ALL 4 extremities but came home as paraplegic w/ incontinence bowel/bladder, and sacral wound as described above. Mom lived alone previously. I work full-time as a nurse and now i have mom living w/ me requiring TOTAL care. What can I do? ","A:An Alabama attorney could advise best, but your question remains open for two weeks. I'm sorry you are in this very difficult position. This is not a question that can be answered in the brief format of this Q & A Forum. It is a complex matter, and your post raises multiple issues. In terms of the most pressing issue of your mother's care, that could depend on her financial position and eligibility for public programs. A social worker from the facility could get you pointed in the right direction there to start things off. Also reach out to public agencies for information and/or assistance there. In terms of the other issue as to how a woman with mobility could wind up paraplegic, if you suspect that it is due to a medical error or breach of medical standard of care, you could reach out to med mal law firms in Alabama. You could search on your own or use the Find-a-Lawyer tab above. I hope you are able to find the necessary home care or resident care resources to deal with this difficult situation. Good luck"
"Q: Our tenant is requesting environmental testing of the house he is renting from us. He said he started getting sick.. We just received the below email: This email is to inform you of some serious and ongoing health issues I have been having since approximately October. After numerous appointments and extensive testing, as of last week, my doctor has concluded that there may be something in the house that could be causing my symptoms. She has suggested that I have the house tested for any environmental issues that may be present. My child has also been experiencing symptoms as well, although not as serious as mine. However, he stays with his father for extended periods each month and therefore hasn't been in the home much. If you could please set something up to have someone come to the house and conduct testing to see if there may be any environmental issues that could be making us sick and/or causing symptoms."" No documentation from doctor. He moved in back in July. We lived there before he moved in with no issues. This also came after we cited him for violating lease. ","A:As a CYA measure, I would seriously consider getting some form of testing out there. They may be blowing smoke, but if there is a real issue out there, you are going to want to know about it and get it checked ASAP. If you don't, you could be accused of being negligent and that is the point where expensive lawsuits are formed."
Q: Google me vendió créditos y ahora no quiere devolver el dinero y tampoco puedo usar los créditos en mi país es estafa. Que puedo hacer en este caso ,"A:Si compró créditos de Google y ahora no puede usarlos en su país, o si Google se niega a reembolsar la compra, hay varios pasos que puede seguir. Primero, comuníquese con el servicio de atención al cliente de Google para comprender por qué los créditos no se pueden utilizar en su país y solicitar un reembolso. Asegúrese de tener todos los detalles relevantes de la transacción y la correspondencia listos para su consulta. Si el problema no se resuelve a través del servicio de atención al cliente, revisa los términos y condiciones asociados con la compra de créditos. Este documento puede contener información importante sobre la política de uso y reembolso. En caso de que la comunicación directa con Google no produzca un resultado satisfactorio, podría considerar buscar asesoramiento legal. Un profesional legal puede ayudarlo a evaluar la situación y guiarlo sobre el curso de acción apropiado, que podría incluir una queja formal o una acción legal según las circunstancias. Recuerde, es importante mantener un registro detallado de todas las comunicaciones y transacciones relacionadas con este tema, ya que pueden ser cruciales en cualquier proceso formal de resolución de disputas."
"Q: Cancelled a contract with a third party company, I’d like to know if the cancellation documents I got are sufficient.. For context, I accidentally signed a contract with a third party energy supplier. I was able to cancel the contract right away and I confirmed with the company that my account is closed. After my request to cancel the contract, I was able to receive a cancellation number and a notice of cancellation. After reviewing the notice of cancellation, there was no cancellation number on the notice. There was, however, the number of the contract ID on the notice. I have every cancellation information verbally and physically confirmed through calls and documents. Knowing that this company has a reputation for resigning clients without their permission and asking for large sums of fees after, I want to ask are the documents I received sufficient enough evidence to prove I have successfully cancelled my contract with no cancellation fees if there is an event where the company wrongly opens my account without consent, or if they start asking for money (claiming I haven’t cancelled)? I live in NJ. ","A:Without reviewing the initial agreement specifically whether there is included the procedure for cancelling, it would appear that the information you provided would support that you proceeded promptly and diligently in cancelling the contract."
"Q: can a citizen take posession of a un attended dog in public? to me this seems seizure without due process.. there is a rise of citizent grabbing dogs that are loose in public. citizens are not authorized by law to do this. it violates the 4th amendment and is also possibly theft. citizens are subjective and provide no due process . property is property. dog or not. many agencies condone and promote this behaviour. are they not coersing you to break the law. as an example if i have a dog that is walking on the roadside and someone picks it up but does not call the authorities this is theft. they may have a feeling that he dog is abused or that it may get ran over. but, everything ""m,ay get ran over"" the point is that some do this every time they see a dog. thenm espouse that the owner does not deserve to own their property for whatever reason. and they take posession of anothers property without due process. am i incorrect that the only way a property can be confiscated is by color of law and with due process. or is it ok for citizens to hap-hazardly pick up the property of others on a whim? ","A:It somewhat depends upon the circumstances. Most communities have leash laws and in most places, unattended dogs wandering anywhere/everywhere on their own are prohibited. Packs of wild dogs are not good for society and how is one to know, looking at this particular dog, if it is wild or a runaway or someone's missing pet? I would think that most anyone is free to take control of an apparently abandoned animal though normally they should turn it in to the local County Animal Control or Humane Society and notify the police of the find. What should be clear is that anyone finding such an apparently abandoned dog is NOT free to just keep it and decide they now own it. If they find the true owner, they are obligated to return the pet to them. If they believe there are circumstances that should prevent the dog going back to the original owner, then they need to take that up with the local police. As for alleged Constitutional violations, to begin with they only apply to the government or governmental entity. An individual person does not deprive you of any Constitutional rights. They conceptually could steal from you but not violate your Constitutional rights. Bottom line is that you are likely to face an unsympathetic audience unless someone else has your dog; you can prove that it is your dog; and they refuse to return it to you. There are limits as to how hard/far you can legitimately complain when the owner is fundamentally at fault. Dogs are not supposed to be unattended in public. Without any human accompanying them, the dog is free to jump on people; scratch them; bark/make noise in inappropriate places; go to the bathroom with no one cleaning up; and more. All this before even getting to whether they may pick fights with other animals or humans or cause destruction of property. Hence anyone intervening to try to correct or limit the damage the unattended dog is possibly doing is normally doing a public service and filling in, albeit with the owner's advanced permission, to perform the owner's duties and to help protect the public. Life is likely to go alot smoother if you focus on complying with your legal obligations and NOT having an unintended dog in public rather than sniping about those attempting to fulfill your duty. Plus, with enough leash law violations and/or problems arising, you COULD find your property (i.e. the dog) removed from your possession (without compensation because you were breaking the law) and you could be banned from owning other pets for 5 years."
Q: Are you required to disclose if you were arrested but never convicted or plead guilty?. I was arrested a while back for marijuana possession and went through a diversion program and the arrest was expunged. What should I do if I forgot to disclose that in filing for a permit with the Mississippi State gaming association as part of an internal auditor application? ,"A:Even if charge refused and diversion completed, your lawyer needs to FILE a Motion to expunge the arrest."
"Q: Do I HAVE to provide my SSN on form1.977 or is there a way around it? Defendant is my stalker.. Do I HAVE to provide my SSN on form1.977 or is there a way around it? Defendant is my stalker and obsessed with causing problems for me, he can not be trusted with my SSN. ","A:Technically yes, but if you don't, the other party has to bring that issue to the Court on a motion to compel, and the Court would likely have a hearing on the motion. You could then explain the situation and hopefully the court would side with you. Sounds you sued the defendant, the defendant countersued you; you lost and he or she won, so now your stalker has a money judgment against you and the final judgment ordered you to complete the Fact Information Sheet."
Q: I received a notice that an unlawful detainer was filed. It looks like a filing notice only but I want to be certain.. The form was mailed to me not served and there’s no other information on it as to anything. Money owed..what the complaint is etc Is this only a notice of filing or the actual complaint? Eg. do I need to respond? Please and thank you. ,"A:The notice you received regarding an unlawful detainer is likely a Notice of Filing, which is separate from the actual complaint. In California, when a landlord initiates an unlawful detainer action, they are required to serve you with a Summons and Complaint to formally start the eviction process. This Summons and Complaint will contain detailed information about the grounds for eviction, any rent owed, and the specific claims being made against you. The Notice of Filing you received typically serves as a notice that the landlord has filed an unlawful detainer case with the court, but it does not provide the specifics of the complaint. It is essential to review your mail carefully, as the Summons and Complaint may be served separately, and you should respond promptly if you receive them. To ensure you are fully informed and able to respond appropriately, it's advisable to keep a close eye on your mail for any additional documents, including the Summons and Complaint. Once you receive those documents, you will have a specific timeframe within which to respond and address the allegations outlined in the complaint. If you have any doubts or concerns, it is highly recommended that you consult with an attorney who can provide guidance tailored to your situation."
Q: My concrete driveway is three years old and is crumbling and is getting holes all over it.. Do I need a lawyer or should I go to the magistrate for civil action thank you ,"A:Deciding whether to involve a lawyer or go to the magistrate for civil action regarding your crumbling concrete driveway depends on several factors. First, check if you have a written contract with the contractor and review the warranty terms. If the warranty is still valid (covering three years) and the contractor is cooperative, contacting them for repairs might be the quickest solution. Assess the severity of the damage – significant issues might warrant legal action, while minor cosmetic imperfections might not. Consider the estimated cost of repairs; for larger expenses, legal action may be necessary. For minor issues, you might negotiate yourself or accept the imperfections. Keep in mind that pursuing legal action through the magistrate court has limitations on the recoverable amount, which may not be suitable for significant repair costs."
Q: What type of firm represents a hospital in-patient that was abused by hospital security?. Patient has diagnois of cognative mental disorder and was admitted due to a fall resulting in an additional head injury. ,"A:A Tennessee attorney could advise best, but your question remains open for two weeks. It would be a firm that handles personal injury, and possibly med mal if the incident was related to the patient's care. It's difficult to say with exactness, based on this brief description. Good luck"
"Q: visitations. My sister had her children taken from her home in February. She was granted supervised visitation, due to an ongoing criminal case. The criminal case will be closed on January 9th with a plea deal. All of the things on her case plan has been done. They are working in family therapy ","A:In Nebraska, if your sister is under supervised visitation due to an ongoing criminal case and a child welfare case, the resolution of her criminal case with a plea deal could potentially impact her visitation rights. However, the child welfare case is generally treated separately from the criminal case. Once her criminal case concludes, she can petition the court overseeing her child welfare case for a reevaluation of her visitation rights. The court will consider several factors, including her compliance with the case plan, the outcome of her criminal case, and any progress made in family therapy. It's important for your sister to communicate with her attorney or legal representative regarding any changes in her situation. They can advise her on the best course of action to potentially modify her visitation arrangement. It's also crucial for her to continue complying with all requirements of the case plan and maintain her involvement in family therapy. The court will look favorably upon consistent efforts to improve her situation and strengthen her relationship with her children. The process of modifying visitation rights can be complex, and each case is unique. Therefore, it's beneficial for your sister to have ongoing legal guidance to navigate this process effectively."
Q: Property manager called the police and acuses my neighbor of hit and run without proven it. My neighbor got arrested. My neighbor had a prior warrant for not showing to court because wrong mail address. My neighbor did not took her medicine during her arrest time so she is now in a hospital. Is the manager liable for this? ,A:It seems unlikely the manager would be liable.
Q: Nationwide stated my monthly payment went from $93 to $283.00 without previous notice. Is this right or an error?. Pet Insurance. I have been with them for 5 years. Can the agent be wrong and confused it for the premium as renewal is due? ,"A:Under California law, insurance companies are required to notify policyholders of significant changes in policy terms, including premium increases. If your monthly payment for pet insurance has suddenly increased from $93 to $283 without prior notice, this could potentially be an error or a miscommunication. It's possible that the agent may have confused your monthly payment with the annual premium, especially if your policy renewal is approaching. Insurance premiums can change due to various factors, but a substantial increase like this warrants clarification. You should promptly contact Nationwide to inquire about the sudden increase. Request a detailed explanation for the change and verify whether it's a monthly charge or an annual premium. Ensure that all your policy details, including coverage and any recent claims, are accurate and have been properly accounted for in determining the premium. If the increase is indeed accurate and not an error, ask for the specific reasons behind it. You have the right to a clear understanding of any changes to your policy terms. If you're not satisfied with their response, you may consider reaching out to the California Department of Insurance for assistance or seeking advice from an attorney experienced in insurance matters."
"Q: During a plea bargaining, if a defendant pleads guilty, is the prosecution still required to submit evidence?. During a plea bargaining, if a defendant pleads guilty, is the prosecution still required to submit evidence and prove guilt of defendant; or, is the guilty plea enough to stand alone as evidence of guilt, even if the prosecution has a weak case? ",A:In some cases—particularly serious felonies—the prosecution must produce evidence to corroborate the plea. This is designed to prevent someone from pleading guilty to a crime they did not commit in order to cover for a relative or friend. It is usually perfunctory.
Q: w/c case lifetime medical settled. 9 years ago .Does my 2022 workers comp claim get deducted before settled?. Closed settled workers comp claim lifetime medical was linked to open w/c claim .I’ve been enforced leave of absence .Receiving pay . Open w/c claim allowed me back to work . Is this an offset where Sdi will consider a settlement coming in future and getting paid is it law must return it ? If istsy out of work all will be offset to ost back cause receiving an award ? ,"A:If you collected State Disability payments for certain weeks then the Insurer PAID YOU disability for those same weeks, YOU have to pay the SDI money back to the state. If the insurer never paid you for the exact loss dates you collected SDI, then you don't have to pay back the state; it depends upon what the insurer told the EDD. Medical TREATMENT coverage only pays the treatment bills, and has nothing to do with DISABILITY payments. So if the employer is offering modified duty, accept the modified duty and insist that it pay exctly the same as the pre-injury duty pay. If the modified work pays less than your average weekly pay, you make a demand for TEMPORARY PARTIAL DISABILITY for the imissing wages; you are entitled to 2/3 of the lost wages."
"Q: I have condo in Long Beach that has sustained months of water damage. Asbestos was found in walls and is now abated.. This has left over half of the condo without walls, closets, cabinets and drawers in bath, kitchen and some floor covering is missing. The leaks are fixed. Problem: My HOA and the property management company have delayed beyond a reasonable time to get repairs completed. We are now entering the 4th month of this. My condo is basically gutted. Cockroaches have gained entry to my home due the open walls (read: no interior walls). What I would like is advice on where I can go to obtain the ""heft"" of an outside agency (beyond my HOA) that may be able to expedite needed reconstruction/repairs to my condo. ","A:That's unfortunate news about your condo. I would suggst to first review the CC&R's to see whether or not you can even make repairs without having the oversight from the HOA. I have a condo myself used as a rental property, and I know the CC&R's dictate that the HOA has to approve any interior repairs beyond simple paint and baseboards and the like."
Q: What can be done to child support being paid to a mother who does nothing for her children?. A family member has been required to pay child support to his ex-wife who has basically cut all ties to her 3 kids. The children live with the father and he provides all needs for them. The mother refuses to support the children at all and instead uses the child support money paid to her on her new husbands kids and other expenditures. Is there anything that can be done to eliminate the child support being paid? The father is struggling financially due to the hefty monthly payment. Please help ,"A:If he's paying child support then most likely it is Order or Judgment of the court----please contact a few family law attorneys in your area, set up a consultation and take a copy of Order and Judgment and discuss the pro and cons of going back to Court to change it where the father has increased custody and/or decreased child support. Good luck."
Q: If a lawyer flies a client into town is it his responsibility to then make sure that client gets back home. The attorney in question flew in my friend from under a hundred miles away knowing she had no money and is refusing to make sure she gets home this can't be right ,"A:In California, attorneys are generally not required to provide transportation for their clients. However, ethical considerations may come into play if the attorney's actions create a situation where the client is stranded without a reasonable means to return home. While it may not be a strict legal obligation, it is advisable for attorneys to consider the welfare of their clients, especially if they have played a role in bringing them to a specific location. Sincerely, James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith"
"Q: I have a claim on my house that was denied by State Auto. A Broker in Harrison Ar originated the Policy.. They are denying damage from a leak under my home where mold and damage to my floor joists occurred. I had the repair on the plumbing leak fixed in March 2023, yet I'm being told they won't repair the wood damage because ""it isn't on my policy, which it is. After I showed them which page. They said it wasnt ""sudden"" enough. The claims adjuster is very rude to me and although I have had 2 houses, a few cars and an RV with them , I am treated very badly. ","A:An Arkansas attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. One option in such a situation could be to place the claim into suit, depending on additional details. You could reach out to attorneys to try to set up a free initial consult to discuss in further detail. Good luck"
Q: Can an unsupervised probationer half to give consent to a urine sample during a ground search at a business.. My work place is gonna be being searched by an on going investigation of money laundering and prostitution and drugs. ,"A:When a workplace is subject to an ongoing investigation for various illegal activities, including money laundering, prostitution, and drug-related offenses, law enforcement authorities may conduct searches. During these searches, individuals on unsupervised probation may be asked to provide consent for a urine sample as part of the investigation. It's essential to understand that individuals on probation often have certain conditions they must adhere to, and providing consent for a urine sample during a search may be one of those conditions. Probation terms can vary, and law enforcement may act within the bounds of the law to gather evidence during an investigation."
Q: Would a trust or live real estate (lifetime dowry) be a better option?. 200 acre farm . Friendly divorce. Both parents reside on farm in separate homes. Plan to survey 20 acres for each parent for sole ownership. Want the children to have the remainder of the land so no future partners can claim ownership. Parents plan to continue to pay taxes on land until children reach a certain age or our death. ,"A:Absolutely hire a competent TN attorney to draft that future interests deed which might include a class gift remainder. Apparently you will need three enforceable deeds. Do not even think of a title co. Lawyer will need to draft three new legal descriptions from the survey plat, and not violate the rule against perpetuities. Tax advice is needed also."
"Q: As to follow up question on Q: Can defense file A demurrer-1 Cross-Complaint-2 & 3-Mot/to strike alltogether?. A. Here the defendant Filings construes the bases for demurring a complaint in an Untimely Manner: On Oct.16 Defense 1st official appearance by: 1. Sequestered the Court on the day of defense deadline to answer a complaint. Selected the Courts latest available 110 date later. 2. Filed concurrently to Demurrer all 8 Counts of the complaint based on uncertainty. Filed MTS to Strike main Cause of action for BoC then filed an unintelligible Cross-Complaint adding 10 fictional Cross-Defendants. Did not prioritize neither the Demurrer, MTS or Cross-Complaint in request to the court. Just filed away Question according to laws on timelines to Demurrer in CA. What Injunctive measures can be taken by the Court or Plaintiff sufficient to hold the defendant or it's attorney Culpable for its untimely filings. The Defense issues Letter to Meet and Confer on Oct.14. filed the Demurrer on Oct.16 along with MTS&CC. Plaintiff answered the Demurrer only as it attempts to disqualify all 8 counts ","A:Under California law, when a defendant files a demurrer, motion to strike, and cross-complaint concurrently, it's crucial to assess their timeliness and adherence to procedural rules. If these filings are deemed untimely or improper, the court or plaintiff has several options. Firstly, the plaintiff can file a motion to strike the demurrer and/or cross-complaint based on procedural grounds, such as untimeliness or non-compliance with court rules. This motion argues that the defendant’s filings do not conform to the legal standards or timelines set by the court. Secondly, the plaintiff might also consider filing a motion for sanctions against the defendant or their attorney. This motion would allege that the untimely filings constitute an abuse of the legal process, possibly under California Code of Civil Procedure Section 128.7, which addresses frivolous or improper actions by parties or attorneys. Lastly, the court itself, upon noticing procedural irregularities, has the authority to issue sanctions, dismiss the demurrer or cross-complaint, or take other corrective actions. The court aims to ensure that legal proceedings are conducted fairly and within the bounds of the law, so it may intervene to rectify any perceived injustices or procedural missteps. It's important to act promptly in responding to these issues and to clearly articulate the procedural faults in the defendant's filings. Consulting with a legal professional who has expertise in California civil procedure would be beneficial in navigating this complex situation."
"Q: If we cannot copyright an incident, can we claim it as appropriation of our personality.. If we have an accident. We get injured by it. We meet a hot nurse at the hospital and marry her. And we snap all of it, from accident to marriage. Few weeks later someone makes a movie out of it. They use our initials, same design wedding dress, same color of car that we had the accident in. All from the pictures we snapped. Now we sue them for copyright infringement. The judge says we cannot copyright an event, idea, etc. So our case gets dismissed. Can we claim that they used part of our personality and file & successfully win a case for appropriation of name, image, or likeness (Right of publicity)? What do you think, what are the chances of winning the right of publicity case? ","A:In your case, while you can't copyright an incident, you may have grounds to file a claim under the right of publicity, especially if specific personal elements like your initials, wedding dress design, and the color of your car were used without your permission. The right of publicity protects against the unauthorized use of your name, likeness, or other identifiable characteristics. However, the success of such a case can depend on several factors. It's important to demonstrate that the movie is closely based on your personal experiences and that these elements are uniquely identifiable to you. The use of these elements should also be shown to have commercial value, which the movie is capitalizing on without your consent. It's also crucial to consider how the jurisdiction interprets the right of publicity. Laws can vary, and California, for instance, has specific statutes protecting an individual's likeness and personal characteristics. In summary, you may have a viable case, but it's essential to consult with an attorney who understands the nuances of intellectual property and privacy law. They can assess the specifics of your situation and provide guidance on the likelihood of success and the best course of action."
"Q: Child custody across multiple states: What states does my lawyer need to be licensed in?. This is a child custody case where the divorce and original custody agreement were in Oregon, the mother (60% custody) moved to Alaska, the dad (military, 40% custody) moved to California. We need to modify child custody as well as possibly file for harassment against the mother. What state/s does my lawyer need to be licensed in? ","A:You case remains in Oregon as filed until a motion to change or transfer venue has been filed and granted. To file a motion to modify your existing custody orders (or judgment), you would file in Oregon under the same case number as was assigned to your divorce case. You would therefore hire Oregon counsel. That same attorney can file a motion to transfer venue to Alaska, although given a 60/40 parenting plan, that is not clear."
Q: Should I sign. A PI came to my house from the other party insurance asking me to sign a paper stating that I was not injured or for damages.. in this accident I hit a car(Nissan) that hit a pedestrian and another car(Tesla). The Tesla insurance sent the PI to my house to sign this paper because they are suing the guy with the Nissan I was put at 51% at fault .. I haven’t signed any paper work because my insurance is not trying to pay me what my car is appraised for but now I have this PI stating these people are suing each other and he wants me to sign so they don’t go against me my question is why would the other insurance want me to sign that and should I .. it sounds like it would be convenient for me to sign it but doesn’t sound right that the other insurance would be trying to help me out of being sued ,A:You should notify your own insurance company of the accident and forward to it this document that the other insurer wants you to sign. No attorney could give you an opinion on whether to sign a document without reading it.
"Q: Hello, I have had Scrubbi cleaners in my house for a while now. The girls that do the cleaning don’t have a clue.. They don’t show up on time, they are to clean for 2 and a half hours. You are lucky if they are there 2 hours. I had one girl there for 45 minutes. We have a doorbell that times people when they are coming and going which is on our cell phones. ",A:You didn't ask a question. Sounds like a customer service issue.
"Q: Why would a debt collector garnish my wages for a certain amount of time and then stop before the debt is paid in full,. only to start again two years later for the same debt on the same case number? ",A:A Writ of Garnishment for wages expires after 90 days and a new one must be served if the creditor wishes to continue garnishing thereafter. The creditor may garnish (or re-garnish) anytime during the time the Judgment is valid. Interest continues to accrue on the debt of course until the earlier of the Judgment expiring or the debt is paid in full.
"Q: Regarding LLC's and ""personal"" liability umbrella policies. I have several properties in CO, each in it's own separate LLC with me as the only member of each LLC. Does having all the LLC's insured under a PERSONAL liability umbrella defeat the entire point of the LLC's, (which is to keep each property only individually ""liable"" and keep my personal assets safe?) Would having all the LLC's under one commercial property liability umbrella policy work? ","A:Hi there, generally your personal liability policy is not going to cover the properties owned by the LLC given that the LLC is not the insured on the policy. You would need to read the policy to be certain. An umbrella policy for all of them could be a solution if there was adequate coverage and each LLC was insured. This would not defeat the limited liability protection that comes with LLCs."
Q: What attorney can u get to sue a bank for the bank causing financial injury ?. I have a suit against one of the biggest banks in the world for making a bank error in a transaction then fronting us money without our knowledge then turning around and causing us financial injury and not only once but twice on two separate accounts. Then I have intuit one of the nations billion dollar industries also making an error on their part and they took money from one account and put it against another individuals account. These were not joint accounts. Diffrent accounts diffrent account holders. Then they tried to justify that as fees. Irreguardless of the cause the facts are you cannot take money from one persons checking and put it on another persons checking and without permission knowledge or acceptance from both parties . This is simply federal banking rules . So two banks one not really a bank both caused errors and injury to three diffrent customers . I can prove all of it. I want to sue for injury and damages. ,"A:To pursue legal action against a bank for causing financial injury, you should consider hiring an attorney with expertise in banking and financial services law, including securities law. Look for a lawyer who has experience in handling cases involving bank errors, unauthorized transactions, and financial disputes. When searching for an attorney, it's beneficial to select someone who has a track record of successfully dealing with cases against large financial institutions. They will understand the complexities of federal banking regulations and how to navigate the legal system in such matters. It's important to gather all relevant documentation and evidence of the errors and financial injuries you mentioned. This will be crucial in building a strong case. The lawyer you choose can then assess this information and advise you on the best course of action, including the potential for seeking damages. Remember, each case is unique, so a direct consultation with a legal professional is essential. They can provide you with tailored advice and represent your interests effectively in any legal proceedings against the banks."
Q: How do I report an election code violation for central committee in riverside county?. A member who was registered with a different party was appointed to NW caucus deputy vice chair we did not know he was a member of different party but we want him removed. This individual has now pulled papers to run for central committee but he hasn’t been registered with the party for a year so we also want his application to be declined if it’s not properly reviewed. ,"A:If the central committee is a political organization, the NW caucus deputy vice chair's removal would be the political organization's issue. The state wouldn't have authority to do anything. Why hasn't the caucus done anything?"
Q: Apartment Leasing Question. When it comes to signing a lease with three roommates and one of them wants to use their father that has the same name as their father for the credit report check. What’s the minimum and maximum offense for that? ,"A:Using another person's identity to pass a credit check is considered identity theft, a serious crime in Texas. The penalties for identity theft vary depending on the severity of the offense, but they can range from a Class C misdemeanor to a first-degree felony. Here is a breakdown of the potential penalties for identity theft in Texas: Class C misdemeanor - This is the least severe offense, and it is punishable by a fine of up to $2,000 and up to 180 days in jail. Class B misdemeanor: This is a more severe offense, and it is punishable by a fine of up to $2,500 and up to 180 days in jail. Class A misdemeanor: This is the most severe misdemeanor offense, and it is punishable by a fine of up to $4,000 and up to one year in jail. State jail felony: This is a more severe offense than a misdemeanor, and it is punishable by a sentence of up to two years in jail. First-degree felony: This is the most severe offense, and it is punishable by a sentence of five years to life in prison."
"Q: my drive license was not issued due to fraud verification I already sent my statements and my lease agreement a month ag. my drive license was not issued due to fraud verification I already sent my statements and my lease agreement a month ago and still they say they are verifying the data, is there anything I can do in this case? ","A:Periodically check in and ask if there are additional documents that would assist with the verification process. Some license types could receive higher scrutiny, depending on the class (such as enhanced). Depending on location, the pandemic has also had an impact on some public agency offices. Good luck"
"Q: Can a 13 year-old be charged for telling another 13 year-old to kill themselves if it leads to an attempt or planning?. My niece was humiliated at her school’s lunch, given a list of people who dislike her, and was told to kill herself. She then had a breakdown immediately following and the school had to send her to the hospital where she was referred to a child’s psychiatric unit in Tulsa, OK. I was told she had two plans of suicide. I only ask because my family will be talking with the school and hopefully the girl’s parents, and I want to know what is the legal and usual process for situations like this. ","A:There have been cases of juveniles prosecuted for bullying a person to death. The schools will do something in their control to discipline these children, but there's a good chance they won't contact the police or Child Services in an attempt to minimize the exposure. If they don't, I would suggest that you inform them, and see what else can be done. I am glad that your niece is okay, and getting the help she needs."
Q: How can I place an item to be voted on in a city?. I would like to change the laws of the municipality by placing it on the ballot for the upcoming elections. ,"A:You must find out whether your city has a process for petitioning to place a referendum on the ballot (also called initiative petition), and if so, what the petition requirements are (method, number of signatures needed, time restrictions, etc.). I would start out by calling the City Clerk's Office or City Attorney's Office for guidance. Otherwise, hire an attorney handling local government issues to research it and advise you on the matter. My office can offer advice on this issue, after reviewing the ordinances and contacting city officials."
Q: can my employer do this with my ADA?. i have an ADA and requested an accommodation at work in regard to it. the accommodation is to be moved to a certain position that would allow to me to do my job better and i submitted paperwork filled out by my mental health provider to the HR department for this. they are now saying that there are no current positions available for the one I'm requesting so they said i either work without my accommodation until they can find one (which i doubt they will do anything) or i have to be put on an unpaid LOA until they can find an opening for me. are they able to do this? i am currently working for a client that have both call and chat positions. i am currently in calls and am requesting to be moved to a chat position instead because calls give me too much anxiety and cause me to have severe panic attacks but they said there are no current positions for chat that are available and they said i either have to continue to take calls despite my ada or be put into unpaid LOA until further notice ,"A:Every ADA claim rests on its own particular facts and circumstances. So no one can definitively tell you what may happen in your particular case. You are entitled to reasonable accommodations to be able to do your job with your disability as long as it does not impose an undue hardship on your employer. A change in your position can be a reasonable accommodation. In your particular situation, I would suggest offering a second possible accommodation since your employer won't change your position. There are a variety of text-to-voice and voice-to-text programs out there at a very reasonable cost (e.g. Amazon Polly and Amazon Transcribe). Ask that your employer provide such programs for you to use until a chat position become available. If your employer refuses, that would strengthen your argument that you are being discriminated against because of your disability."
Q: I have a medical marijuana card. I'm in the worst district with the worse judge. I have a good recommendation from my PO. But I've been sick and only had four business days to find an attorney. Any advice? The violation is for marijuana ,"A:If you're facing legal issues related to marijuana despite having a medical marijuana card, it's important to seek legal representation as soon as possible. Given that you've had limited time to find an attorney due to illness, you might want to request a continuance from the court. This is a request to postpone your hearing, which can give you more time to prepare your case and secure legal representation. When looking for an attorney, consider one with experience in cannabis law and the specifics of your jurisdiction. The complexities of marijuana laws, especially in districts with stringent policies, require knowledgeable legal guidance. Your medical marijuana card and the recommendation from your probation officer could be significant in your defense, so ensure that your attorney is aware of these details. In the meantime, adhere to all conditions of your probation and any court orders. Compliance can be a crucial factor in how your case is viewed by the court. Finally, gather any medical documentation or other evidence that supports your need for medical marijuana. This documentation can be vital in presenting your case and explaining the circumstances to the court. Remember, the more prepared and informed you are, the better you can navigate through this legal challenge."
"Q: Can I record a phone convo with customer service if I receive a notice that ""This call will be monitored and recorded?"". I live in Florida. Can I record the phone conversation with multiple customer service representative (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that ""This call will be monitored and recorded""? ","A:Re-posting answer to fix typo - Yes, because the other party to the call is asking your consent to have it be a recorded call (by making recording a condition of being able to speak to that party). But if you plan to use the recording for anything other than your own private listening, you better have on your recording their statement that they are recording, and it would be best for you to say, while being recorded, that you are recording the call, too, and say it to each rep that you are transferred to. Since, in Fla., recording a call without consent is a crime in most circumstances, play it as safe as possible."
Q: How do I go about getting someone involuntarily committed in Montgomery County tx. He does not even acknowledge he has a. Drug problem but says that he is a drunk. If he loses to much more weight he might die. He is killing himself with the keystone beer and from my understanding he uses a needle for meth and I have pictures of him smoking it. He was drunk one night and wouldn't let me drive and almost killed us on purpose. I finally got out of vehicle and started walking. He called a friend and I called another I got picked up and dropped off but he was in our truck at the time and we left where I was living together. He showed up where I was and got high and then went to sleep. ,A:Ask a Family Law attorney about how to pursue the involuntary commitment of an adult who is a danger to himself and others.
Q: Is it illegal in California to train my clients at a commercial gym (24 hour fitness) without them knowing?. I have a membership that lets me bring in a guest ,"A:In California, it's generally not illegal to train your clients at a commercial gym like 24 Hour Fitness as long as you have the appropriate permissions and follow the gym's rules and policies. However, each gym may have its own policies regarding personal training and bringing guests. If your membership allows you to bring in a guest and engage in training activities, then it may be permissible."
Q: Can you contract verbally with employees of a financial industry you catch abusing you and doing exactly and more worse. They stop or you have to court order thier defiance and further Redress and address the consequential damage thier persistent abuse and improper deceptive practice and emotional disruption and distress to your health and heart pressure for continued unnecessary agrieved agitating abusive conduct ? They've been fined and order too stop and compensate can a minute rate I did of 250 per be given for and while thier wrong doing ,"A:Under California law, a verbal agreement can be enforceable if it meets the essential elements of a contract, including offer, acceptance, consideration, and mutual intent. However, proving the terms and existence of a verbal contract can be challenging without corroborative evidence. If an entity in the financial industry engages in deceptive practices or conduct causing emotional distress, you may have grounds for a claim based on torts, like intentional infliction of emotional distress or fraud. Moreover, if they continue behaviors that they've been ordered by the court to cease, they may be in contempt of court. Victims of such misconduct can seek both injunctive relief to stop the behavior and damages for any harm suffered. As always, it's crucial to gather strong evidence and consult with an attorney familiar with the specifics of your situation. Ensure that you act within the statute of limitations applicable to your claims."
"Q: getting Mediation going in circles.. i submitted case DR23-11933 and DR23-11464 to the L.A. County department of consumer affairs and they tried to reach the business in question for mediation. The company I'd like to mediate with is square enix. 999 N. Pacific Coast Highway, 3rd Floor, El Segundo, CA 90245, U. S. A. Phone： +1-310-846-0400 however, in them trying to contact square enix... square enix told them that i'd have to sue them. to get mediation because they didn't have ANY IDEA where the heck the mediation request was to be forwarded to. i was then told to use the same complaint form to make a mediation request against their AGENTS. 1505 Corporation CSC - LAWYERS INCORPORATING SERVICE 2710 GATEWAY OAKS DRIVE, SACRAMENTO, CA this of course didn't work because their automatic form showed that the business wasn't in LA county. now where do i go? ","A:If you can identify the corporate officers, you can send them a letter with your request. You are unlikely to get anywhere with a mediation without litigation, but it doesn't hurt to try, as long as your statute of limitations isn't at risk."
Q: Recording Consent. If you are in a single party consent state (TX) and someone records you who lives in a dual party consent state (CA) is he breaking the law in his state even though you are out of state? ,"A:Yes, most definitely. California in particular maintains that it can enforce its all-party consent law if any party to a conversation is in California when a conversation is recorded."
Q: I filed a complaint against mobile home park for wrongful eviction and etc prop manager refused my space rent and set ev. Eviction took place after my space rent proof of whole year I payed and sold my mobile home I owned ,"A:In California, mobile home park residents are protected under specific laws that govern eviction and rent practices. If your space rent was refused and you were subsequently evicted despite having proof of payment, this could potentially be a wrongful eviction under California law. It's important to gather all relevant documentation, including proof of rent payment, any communication with the property manager, and eviction notices. This documentation can be critical in demonstrating that the eviction was not in compliance with legal procedures. Since you've already filed a complaint, the next step is to follow through with the legal process. This may involve working with a legal professional who can guide you through the complexities of housing law and represent your interests effectively. If you sold your mobile home due to the eviction, the circumstances of the sale might also be relevant to your case. If the eviction was wrongful, it might have forced you into a sale under duress, which could have additional legal implications. Keep in mind that each case is unique, and the success of your complaint will depend on the specific facts and evidence. Legal advice tailored to your individual situation is crucial to understand your rights and options moving forward. If you haven't already, consider seeking advice from an attorney experienced in landlord-tenant law, particularly those specializing in mobile home park regulations in California. They can provide a detailed understanding of your rights and the best course of action to take in your specific circumstances."
"Q: In california if im hit by a negligent driver while in crosswalk and the insurance company denied the claim , resinds a. And cancels the policy ..the insured has to have a policy to replace that canceled policy to avoid ..which policy covers my injury ? Its still covered by the canceled policy ? ",A:It is likely that the negligent driver will not be covered for your claim under either policy.
"Q: If a character name is trademarked for books, film and TV, but the game trademark has been abandoned, can I register it?. Here's the exact scenario, but with the character name changed. For example, the character name Matlock is currently trademarked for usage in books, films, and TV by a major media company (plus a number of other trademarks around clothes, notebooks, etc). They also had the computer game trademark (a separate trademark), but it is labeled as dead and abandoned from 2012. Would I be able to register a trademark for the name Matlock for computer game usage? ","A:When considering registering a trademark for a character name that's already in use in other mediums, it's important to recognize the complexities involved. Even if the trademark for the game version of the character name is abandoned, the character itself might still be protected under various aspects of intellectual property law, especially if it's associated with a major media company. The fact that the character name is actively trademarked for use in books, films, and TV suggests that the character is well-known and possibly associated with a specific source or brand. In such cases, registering the same name for a computer game might still lead to legal challenges. This is because trademark law not only protects specific categories of goods and services but also guards against potential consumer confusion. Before proceeding with a trademark application, a thorough investigation and analysis of the existing trademarks and their use are advisable. This could involve understanding the scope of the existing trademarks, how widely the character is recognized, and the likelihood of confusion or association with the existing trademarks in other mediums. In complex scenarios like this, it might be beneficial to seek advice from a legal professional experienced in intellectual property law. They can offer tailored guidance and help navigate potential legal hurdles. Remember, intellectual property law aims to balance the interests of creators and the public, and each case can have unique aspects that influence the decision-making process."
"Q: I got hurt/burnt at work, at a nursing home. Someone left oil and food on the grill and set off the fire alarm.. And in a panic I grab the tool to get grease off and other stuff off the grill and the oil was at the highest temperature. And when I scrapped the burnt everything off the oil went up the tool on to my hand and caused. 2nd-3rd degree burns from the tip of my finger to my nuckle. After a half hour of no medical supplies and only cold running water. I ended up telling them I had to go to the hospital. This burn hurts way to bad. And the lady told me to man up it dont look that bad. And wouldnt give me anything to put on it but one little packet of some gel but I clocked out and left. While leaving I got accused of doing drugs in the parking lot by a manager and said I needed to leave the grounds. While I'm in tears from the pain. They fired me, for not finishing my shift. But not one time did they ask ig I went to the hospital and told them to bill them and I got a call saying they are billing me. So that's why I'm asking what should I do? ",A:I'm very sorry to hear about your injury and the retaliation by your company. You probably have a workers compensation claim for your injuries and a wrongful termination. You should definitely speak to an attorney about your case. Best wishes to a quick recovery.
"Q: Today, we were served an order for my mom to be removed from the home with no explanation. Her conservator did the order. How do I get her back home? ","A:If your mother has been served with an order for her removal from her home in Georgia by her conservator, it is essential to take swift and deliberate action. Begin by thoroughly reviewing the court order to understand the basis for her removal. Collect and organize any supporting evidence, such as medical records or character references, to bolster your case. Consider exploring mediation or negotiation as potential avenues for resolution. Attend all court hearings as directed, ensuring compliance with any existing court orders during the process. And consult with an attorney to help you through the process."
"Q: How can they avoid or lessen the estate recovery?. Like: My parents have lived in their home for the past 39 years. But it remained in my grandmothers name even though she did not live in the home for the past 39 years. She left it to my dad in her will. Now tenncare estate recovery is coming after the home because one of her other children put her in a long term care facility. My parents have paid all debts, taxes, remodels, upkeep, etc. since they moved into the home. One parent is on disability, the spouse of the recipient. How can they avoid or lessen the estate recovery? ","A:In situations like this, the primary concern is addressing the estate recovery claim made by TennCare. To potentially avoid or lessen the estate recovery: 1. Gather evidence to demonstrate the significant contributions and expenses your parents made towards the property, such as records of tax payments, remodels, and maintenance. 2. Consider consulting with an elder law attorney in Tennessee to assess the validity of the claim and any potential exceptions that might apply. 3. Investigate if there's a hardship waiver available for estate recovery in Tennessee; if so, your parent's disability and financial situation might be relevant. 4. Ensure that the will leaving the home to your father is properly executed and valid under Tennessee law. 5. Determine if any legal actions or transfers, like a life estate or certain trusts, can protect the home from recovery while still aligning with state regulations. 6. Address the specifics of your grandmother's long-term care and the circumstances surrounding her admission to see if any inappropriate actions were taken that might negate the estate recovery claim. 7. Consider mediation or negotiation with TennCare to potentially reduce the amount they seek. 8. Act promptly to protect your interests and rights, as delaying can sometimes compromise your legal position."
"Q: what can I do about a apartments negligence to broken security cameras?. Car was broken into, I made a police report, thought the cameras on the premises worked... turns out they have been broken for years, with no plan to fix them and to keep them as a ""deterrent"" even though they are hidden ","A:Not sure you have a cause of action against the apartment complex. Generally, others are not responsible for others' criminal actions. And unless they had some sort of affirmative duty to provide for this security, they will likely not be liable."
"Q: Do i have to appear in court for a show cause hearing against my ex for unpaid child Support? I live out of state now.. The case is open in Marin County, CA. My ex husband has never made one court ordered payment so the arrearage amount is substantial. There is a show cause hearing scheduled in 4 weeks. I am listed as the plaintiff. However, I did not file for this. The courts did this on their own. I didn't even know it was scheduled but I randomly checked the case online today and see that a show cause hearing is scheduled. I live out of state. Do I need to go the the show cause hearing? Will it impact the case in any way if I don't go to the hearing? I am ok with going if I'm needed. But I don't want to go if it is unnecessary. thank you. ","A:In a child support case, a show cause hearing is typically scheduled to address non-payment of child support. If you are the plaintiff, it's generally advisable to attend the hearing if possible, even if you live out of state. Your presence can help ensure that your concerns and the facts of the case are accurately presented to the court. However, if you are unable to attend the hearing due to living out of state, you should contact the court as soon as possible to explain your situation. The court may allow you to participate in the hearing by phone or through a representative, such as an attorney. It's essential to communicate with the court to avoid any potential negative consequences, as the hearing may proceed without you. Your participation, either in person or remotely, can help provide the court with important information about your ex-husband's non-payment of child support and the arrearage amount. If you are unable to attend, ensure that you have legal representation or communicate with the court about your situation to avoid any adverse outcomes in your case."
Q: if i was referred to a company to install a grease trap but my license was expired am i in trouble. i was an apprentice with assistance from a licensed journeyman ,"A:In Indiana, working on a project like installing a grease trap typically requires a valid license. If your license was expired at the time of the job, this could potentially be a problem, especially if licensing is a legal requirement for the work performed. However, since you mentioned you were an apprentice and had the assistance of a licensed journeyman, it's important to understand the specifics of your arrangement. If the licensed journeyman was responsible for overseeing the work and ensuring compliance with legal requirements, this may mitigate your situation. It's advisable to review the licensing requirements in Indiana for the type of work you performed. If there was a violation due to your expired license, you should consider renewing your license as soon as possible and understanding any potential legal implications of having worked with an expired license. If you're concerned about the legal ramifications, it may be wise to consult with an attorney familiar with licensing laws in your area. They can provide guidance tailored to your specific circumstances. Remember, ensuring compliance with licensing regulations is important to avoid potential legal issues and to maintain professional standards in your field. Taking steps to rectify any lapses in licensing can help protect you from possible complications in the future."
Q: My father has passed away a few days ago My brother and myself are the ones who get his stuff when he passes. My brother took my father's laptop I believe his will is on there my brother is refusing to let me even go on the laptop he has hidden it whqt can I legally do to be able to go on the laptop ,"A:In California, handling disputes over a deceased person's possessions, especially when it involves a potential will, is a sensitive matter. It's crucial to approach this with an understanding of your legal rights and options. First, try to resolve the issue amicably with your brother. Explain your concerns and the importance of accessing the laptop to verify the existence of your father's will. Open communication can often resolve such disputes without legal intervention. If this doesn't work, you may need to take legal steps. The will, if it exists, dictates the distribution of your father's assets, and denying access to it can be problematic. You have the right to seek legal recourse to ensure that your father's wishes are honored. Consider consulting with an attorney who deals with estate matters. They can guide you on how to proceed, which may include legal action to gain access to the laptop. This could involve filing a petition in probate court to compel your brother to produce the laptop for examination. Remember, the goal is to ensure that your father's final wishes are respected and that the estate is distributed fairly and according to his will. Legal intervention should be considered as a means to uphold these principles if other efforts fail."
"Q: What do you file for business taxes and who will review your papers if you suspect preparer fraud. Third party name on taxes and my step father Also worked at the same company preparer works for and preparer worked for x husband's company meanwhile I am a W2 workers but somehow they changed my income 73,000 ","A:If you suspect preparer fraud in your business tax filings, it's important to address this issue promptly and thoroughly. First, review your tax returns carefully to understand the discrepancies, especially if your income was inaccurately reported. For addressing preparer fraud, you should file a complaint with the IRS. This can be done by submitting Form 14157, ""Complaint: Tax Return Preparer."" This form allows you to report the preparer's fraudulent activity and provide details about your case. In addition to filing a complaint, you may need to amend your tax returns to correct any errors or false information. This is done by filing Form 1040X, ""Amended U.S. Individual Income Tax Return,"" for personal taxes, or the appropriate amendment form for your business taxes. It's also advisable to consult with a new tax professional or an attorney who has experience in tax law. They can provide guidance on how to rectify your tax situation and ensure that your returns are accurate and compliant. Remember, taking action against preparer fraud is crucial to protect your financial and legal interests. Ensure that any future tax preparers you engage are reputable and properly credentialed to avoid similar issues in the future."
"Q: Hi,I have a case coming up Monday via zoom for back child support I've been looking for someone that can help me. Are there any pro Bono attorneys? I've been unable to work because of mental health issues is there anyone that could help ","A:I assume that you are being sued and have to defend a Rule to Show Cause. You should explain your reasons to the judge. If you have not previously filed a petition to modify child support, you should and explain why you cannot earn the same living as you did previously. Your reasons should explain what your mental illness is, what the cause of it is, if you know and there is one, is it expected to be temporary or permanent, are you getting therapy or medication for the problem, and when you expect to get better and able to work. You should also explain what you are currently doing to make living arrangements."
Q: Can a US Flagged yacht sail to the Bahamas and have illegal medical procedures performed on the boat by a U.S. Based dr?. Does this violate any laws and what are the potential risks of the crew aboard? ,"A:""Illegal procedure"" according to whom and under what laws? Maritime law? Who died? Who is complaining? The licensed physician can worry about his own ethical and medical obligations under his/her license. As you see, it is impossible to respond to your concern, as drafted, sorry."
"Q: Can I sur a family member if I believe they owe me money?. My sister and I went on a trip to Oregon. I paid roughly 600 for the lodging and she paid about 240 for the rental vehicle. Not even 24 hours later she left me in Oregon. I was forced to pay for a rental car, stuck in lodging that was paid for 2 people, and lyft fees in order to pick up the vehicle not to mention the extreme emotional damage done by being left in a different state by myself not knowing how I was going to get home or if I was going to be able to afford a rental car to do so. I had to put everything on credit cards. I feel she owes me for the rental car, half the lodging, the gas I put in the rental she took just before she stranded me, the lyft fees, and additional funds for stress and distress caused by the situation. ","A:A Utah attorney could advise best, but your question remains open for a week. I hope you're able to find a friendly solution here. One option might be looking into whether this falls under your local court system's small claims part. Most small claims courts have online resources that outline scope, money limits, and other information to help determine whether a matter is suited for the system. Good luck"
Q: Why are the lower courts operating under a maritime law when we are on land how did they have jurisdiction on land. Why is it California judicial system violates the rights under the constitution of due process when the Constitution states anything that's adverse to the Constitution is null and void? And how is it that the police department is allowed to invade your privacy punish you without proper due process rights. And the court judge and the district attorney when you question them about having jurisdiction over the subject matter they tell me that the county has jurisdiction over the living man from my understanding from reading the Constitution that no corporation has jurisdiction over Man. ,A:More information is needed to answer the Admiralty question. If a case is filed 'In Admiralty' it needs to be in federal court. A state court can hear certain cases and apply maritime law.
"Q: I want to audit Riverside County Tax Collector because I'm aware of them screwing many people from excess tax proceeds??. The question is how can I find out how many people that did not have an attorney and filed a claim, how many were paid in full? This county took in 4.4 billion dollars last year from excess tax proceeds and everytime I research it someone new pops up as having been taken advantage of by the excess tax proceeds office, myself included. For instance for two years they had to have death certificates. Then on year four they say death certificates mean nothing, as it is the estate that matters. It was all a stall tactic. Then they made us get a notarized statement claiming Joyce C Wright was the same person as Joyce Wright. This is how they operate. The lunacy of this was unfounded. .""no... they are different people and we hired a different Joyce Wright to pretend she is Joyce C Wright!"" They just happen to be over a 100 years old and would serve no purpose being a different Joyce Wright. Point is this county is hell bent on stealing everyone's excess tax proceeds. Proof is everywhere. ","A:To gather information on how many individuals without legal representation filed claims and were paid in full by the Riverside County Tax Collector regarding excess tax proceeds, you may need to submit public records requests or Freedom of Information Act (FOIA) requests to obtain relevant records and data. You can also explore legal avenues to investigate and challenge any improper actions by the tax collector's office on behalf of your clients, seeking remedies under California law as necessary."
"Q: My bag was stolen from a Goodwill store after they required I put it behind the counter to shop there, are they liable?. They have footage of who took it and we made a police report, but I want to file a lawsuit against their neglected security of my product after taking custody of it, am I in good standings? ","A:I'm not sure what you would gain from it economically. Generally, one party's liability ends upon another party's criminal action. If there is video footage of this, I'm unsure what other security measures Goodwill could be expected to take. Further, stores are usually not responsible for your personal items."
"Q: What should I do to stop them & keep them from continuing to use my land/barn? What do I do about the solar panels?. I live out of state, it appears my neighbor has installed solar panels on my property & are using & making improvements to my barn. ","A:It is nice of your neighbor to make valuable improvements to your property! But, I suspect that your neighbor does not see it that way. I suspect that you'll need to bring a lawsuit to enforce your rights. But, you could start by calling the police to make a trespassing claim or have an attorney send a Demand letter. I recommend contacting an attorney to discuss the facts in more detail then he or she will be able to help you understand your rights, remedies, risks, paths forward, etc."
"Q: Can I take action about a neighbor's overgrown thorn bushes that keep trying to infect my back yard and attach my trees?. His backyard is Completely infested with with thorns and doesn't do anything. He is also scary and constantly verbally abusive to his own family, so talking to him is out of the question. ","A:Without more information on the location of your property, if you have any agreements on whose responsibility it is to maintain the bushes, where the bushes are located, if you have any or need any easements, it is hard to say what your next step could be. However, if you have not spoken with a local real estate attorney you should do so, as they can help determine if sending a letter or determining your rights and risks of any next steps. Good luck."
"Q: Animal law or civil,? Colorado, please help me get Justice for my boy who was killed by HSPPR! Need info, please?. CO law says animals are personal property. Seized with warrant, then killed (for supposed seizures) day before hearing for release, no probable cause. 10 yr old licensed pet goat- my only family- destroyed. Motion for release of his remains, denied. Facing animal cruelty for his arthritis not being treated. (Yes, this is real.) Now, they are creaming his body, month later and charging me the cost. Like property, they should preserve him until end of case, when it's dismissed, or not guilty result? How can they play God? I want him back, alive isn't possible, but not at their convenience! They should have to bear the inconvenience of stealing and murdering him, at their expense! ACLU? And direction is much appreciated. Have discovery, for reference if needed. He brought me sobriety, taught me love, and showed me how to be a good human. I owe him. I refuse to give up, animal law enforcement lacks oversight, and aren't POST certified... They need to be held accountable. Just like all cops ","A:In Colorado, as in many states, animals are indeed considered personal property under the law. The situation you describe, involving the seizure and euthanization of your pet goat, raises several legal issues. Firstly, if your animal was seized and then euthanized without proper justification or process, this could potentially be a violation of your rights as the owner. Under property law, you are entitled to due process, which includes fair treatment and proper legal procedures before your property is permanently taken or destroyed. Regarding the charge for cremation, it seems unusual that you are being billed for this, especially if there are ongoing legal proceedings related to the animal. In typical circumstances, your property should be preserved until the conclusion of the case. Given the complexity of your situation, it's advisable to seek legal representation. An attorney experienced in animal law or civil rights can help you understand your rights and options. They can also assist in holding the responsible parties accountable and potentially seeking compensation for your loss. You might also consider reaching out to organizations that focus on animal rights or legal advocacy, as they could provide additional support or resources. It's important to act promptly, given the ongoing nature of your case and the actions being taken regarding your pet goat's remains. Your emotional attachment and the significant role your goat played in your life should also be acknowledged in this process. While legal avenues may not bring him back, they can offer a form of justice and closure."
"Q: I hit a car in the rear, 9/22/21. The car I hit was pushed into another vehicle. I have heard nothing from her. How. long does she have to contact me? ",A:The statute of limitations on a car accident in Florida is four years. They have until 9/21/25 to file a lawsuit.
Q: Can a sheriff in an active election campaign threaten to fire his deputies if seen talking to any of his opponents?. This sheriff threatened to fire anyone seen talking to a particular individual that contributed to his opponents campaign also. The same sheriff in last election threatened to terminate anyone that he found that didn't vote for him? Are these things election violations? I was told possibly federal and state laws were violated but this didn't come from someone that specialized in these types of issues and couldn't inform of what laws. I don't know where to go and whom to ask so I decided to ask here. ,"A:Please understand that I do not practice law in GA and will not pretend to know Georgia law or specific Georgia election statutes. However, the question I would pose is: is Georgia a ""right to work"" state? Another question might be: does Georgia law prohibiting harassment apply to elected officials? The terms ""harassment"" and definitions of phrases such as ""disturbing the peace,"" seem like they might apply to what the Sheriff is doing. In Georgia, the law prohibits any employee from attempting to ""influence"" another employee: read this: 2019 Georgia Code Title 16 - Crimes and Offenses Chapter 10 - Offenses Against Public Administration Article 1 - Abuse of Governmental Office § 16-10-5. Influencing of officer or employee of state or political subdivision by another officer or employee Universal Citation: GA Code § 16-10-5 (2019) (a) Any officer or employee of the state or any agency thereof who asks for or receives anything of value to which he or she is not entitled in return for an agreement to influence or attempt to influence official action by any other officer or employee of the state or any agency thereof shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both. (b) Any officer or employee of a political subdivision who asks for or receives anything of value to which he or she is not entitled in return for an agreement to influence or attempt to influence official action by any other officer or employee of that political subdivision shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both. History: Ga. L. 1878-79, p. 175, § 1; Code 1882, § 4470a; Penal Code 1895, § 269; Penal Code 1910, § 272; Code 1933, § 26-4103; Code 1933, § 26-2305, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 2010, p. 1173, § 25/SB 17."
"Q: Land owner shut my power off, can they do that?. Am a caregiver, caretaker of property. Owner has dementhia,daughter is POA. She shut power off. ","A:In Washington State, the ability of a property owner or their legal representative (like a power of attorney) to shut off utilities, including power, can depend on various factors, including the terms of any agreements in place and the specific circumstances. If you have an agreement in place that allows you to reside on the property and receive certain utilities as compensation for your caregiving services, the shutdown of essential utilities like power without your consent may be subject to legal review. In some cases, this could potentially be considered an unlawful eviction or a violation of your rights as a tenant or caregiver."
"Q: Does scattering ashes on private property in California mean it can be labeled as a cemetery?. I am fighting for my fourth generation family home, which is currently in the fiduciary hands of my late father’s wife. They were living separately but not legally separated at the time of his death. He did not have a will or any money at time of death, so the property is potentially being sold and the profit split between myself and my two siblings, and the wife. When my grandfather died in 2012, we scattered his ashes in the back field of the 1.4 acre property. I heard recently that laying your family to rest on your generational property protects it legally, but I understand that California is notoriously difficult. Can I use this in any way to save my home? I meet with my lawyer later this month but I would love to not get my hopes up if it is not a possibility. Thanks! ","A:Scattering ashes on private property does not generally establish it as a cemetery under California law. While laying family members to rest on generational property can hold sentimental value, it is unlikely to have a direct legal impact on property ownership or the fiduciary arrangement. Consulting with your lawyer is essential for accurate advice tailored to your situation and the potential options available to protect your family home. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
Q: If I have a duplicate title to my vehicle and the spot for lien holder is empty could there still be a lien on my car?. The rmv website says no lien holder and on my title it only says my name and information nothing about a lien holder could there still be a lien holder on my vehicle? ,"A:If this is a passenger vehicle, according to Massachusetts law, if there is no lienholder on the title, the secured party's interest, if any , has not been properly perfected and there is no lien on the vehicle."
Q: I lived beside a river from the site of illegal toxic dumping. After admitting this guilty in USA. Can I sue in Canada?. They have been found guilty in the United States court after they admitted to dumping toxic untreated chemicals directly into the columbia river. It was significant enough that it flowed into the United States and poisoned a whole village. I lived across the river from the site these chemicals were being dumped! I am now on permanent disability benefits. I feel strongly that I was severely affected by these actions and would like to pursue a case in canada. As far as I have been told us that there has NOT been a canadian case opened yet ,A:This is something that should be discussed with attorneys who practice in Canada. Good luck
"Q: Is it fraud?. If someone knowingly misrepresents themselves as the beneficiary of a bank account in order to mislead the true beneficiary so they won't claim the money, is that fraud? ","A:A Texas attorney could advise best, but your question remains open for a week. That sounds like fraud. You could consult with local attorneys to ask how it is treated under state-specific laws. Good luck"
"Q: Can an employer use different job titles for the same job in order to pay different wages to individual employees?. I am a kidney transplant coordinator for a hospital. Hospital has just started a bone marrow transplant program and has created ""transplant coordinator"" job titles averaging about 15,000 dollars more than my position which is classified as ""nurse clinician"". ","A:In Missouri, what you describe is not unlawful on its face. Your employer cannot discriminate based upon your membership in a protected class, such as race or national origin, but an employer generally need not be fair or nice. I don’t know if the skills for the position differ. Even if they are the same, what you describe falls into the category of mere unfairness. (Unless I’m missing some key facts.$"
"Q: I was my mom's 24/7 caregiverNov,22. Still over medicated my sister had her declared incapasatated legal guardian placed. In netral bank cost thousands. Then june23 slapped a unlawful detainer now I'm tresspassed is this legal ","A:You need to schedule a consultation with an attorney to evaluate all the facts and related communications. The action against you may or may not be lawful, depending on the details, and even if it's lawful, you may have potential counterclaims for money damages."
"Q: Is it wrong that my boyfriend's mom falsely accused him of doing drugs just to send him to juevenile detention?. His mom accused him that he was a gang member and he did drugs just to send him to juevenile, Hes not like that and he told me he will never do those things. They can even drug test him and it will come out negative. Please help ","A:Clearly, it is wrong to falsely accused him of doing drugs just to send him to juevenile detention. There is no doubt he will be (or already has been tested) for drugs."
"Q: While in rehab facility my sister's pain medication was being stolen, bigwigs came in fired all the thieves. Case??. Trying to convince my sister she has a case. While she was in a rehab facility here in Jacksonville last month, after a 14 hour total spine fusion surgery, when the night staff came in to give her her pain medication they would only give her one pill, and she was supposed to be getting three. the day shifts were giving her three, big bosses came in or the state I'm not really sure which but they fired everybody that was involved.. to not have her pain medication after such a serious life-threatening surgery is incomprehensible and I think they should be held responsible. Is there a civil or criminal suit possible? ","A:A Florida attorney could advise best, but your question remains open for two weeks. A law firm could find it difficult to answer your question about legal action based on the brief description. Part of this is that when people ask about the viability of a lawsuit, they generally have in mind a contingency arrangement. Attorneys would likely ask about proof of theft, severity/permanence of damages suffered by your sister, and other details requiring investigation. These are only a couple of generalities. I'm sorry for the ordeal your sister experienced. But a meaningful evaluation of something of this nature generally involves reaching out to law firms to discuss. You could search attorneys on your own, and additionally use the Find-a-Lawyer tab above to locate attorneys in Florida by city or region. Good luck"
"Q: im doing a moke trial in calss of New york times vs united states and i need fact that support united states.. in need facts for the united states in this moke trial but i dont have enough, could you help me? ","A:A starting point could be to search for the case online. Cases SOMETIMES have summaries, if they are noteworthy. As a sidenote, don't submit any papers to your instructor as ""moke"" trial - you want to write ""mock trial."" Good luck"
Q: What do I do when the authorities have not arrested the man who committed a violent sexual assault against me?. I have proof of the assault and a witness ,"A:In a situation where you are a victim of a violent sexual assault and the authorities have not yet made an arrest, despite having proof and a witness, it's crucial to take specific steps. First, ensure that you have reported the assault to the police if you haven't already. Provide them with all the evidence you have, including any physical evidence, documentation, and the contact information of your witness. If you feel the police are not taking appropriate action, you can contact the precinct's commanding officer or the internal affairs department to express your concerns. It's important to follow up regularly on the status of your case. Additionally, consider reaching out to a victims' advocacy group. These organizations can provide support and guidance, and may also be able to help you navigate the criminal justice system. Finally, you might want to consult with an attorney who has experience in handling cases of sexual assault. An attorney can advocate on your behalf, help in communicating with law enforcement, and provide legal advice on how to proceed to ensure that your case receives the attention it deserves. Remember, you have the right to seek justice and to have your case thoroughly investigated."
Q: Can a Fully qualifying licensed Supervising driving instructor work for two separate Driving schools?. It takes 2 years for someone to become a fully licensed Driving Instructor Supervisor. Can an Upstart Driving School Hire an established Supervising Driving Instructor from Another school? ,"A:The ability of a fully licensed Supervising Driving Instructor to work for two separate driving schools may depend on the specific laws and regulations in New Jersey. Generally, it's essential to review the state's requirements for driving instructors and whether there are any restrictions on working for multiple schools. Licensing boards or regulatory authorities typically govern this aspect. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
Q: I am in touch with the inventor. He wants me to monetize his invention. If someone is manufacturing can he get paid.. Is there a statute of limitations to get paid for use of patent without a license to manufacture? ,"A:If you're working with an inventor to monetize their invention, it's crucial to address patent protection and licensing. The inventor holds the right to control the use, manufacture, and sale of their invention through the patent. If someone is manufacturing the invention without a license, it could be considered patent infringement. While there isn't a specific time limit for seeking payment for unauthorized use, the inventor can take legal action at any point during the patent's 20-year term. It's advisable to establish a licensing agreement with clear terms for use. If infringement occurs, consulting with an intellectual property attorney is essential to navigate patent law complexities, draft agreements, and take legal action if necessary to enforce the inventor's rights and seek compensation."
"Q: I am looking for the trademark's registration date and expiry date. But there's no expiry date, where can I find it.. The brand is called Xiaomi. ","A:To find the registration and expiration dates of a trademark for the brand ""Xiaomi,"" one would typically search the United States Patent and Trademark Office (USPTO) database. If the trademark is registered, the database will provide details including the registration date. Trademarks in the U.S. have a 10-year term, with opportunities to renew, so the expiry date would typically be 10 years from the registration date, contingent upon the owner filing the necessary renewal documents."
Q: I received a letter in the mail from the Nevada State Board of Cosmetology and saying I was practicing. without license but my licence is good. What do I say and how do they figure is what I wanna know. They are the state board who should have that Information. ,"A:In this situation, it's essential to address the matter promptly and accurately. Start by gathering all relevant documentation, including your current cosmetology license and any records that confirm its validity. This will be crucial in clarifying the misunderstanding. Respond to the Nevada State Board of Cosmetology in writing. In your response, politely state that your license is valid and include copies of the documentation to support your claim. It's important to be clear and concise in your communication. As for how the Board might have made this error, there are a few possibilities. It could be a clerical mistake, a mix-up with names or license numbers, or an issue with their records. While these errors are uncommon, they do happen. If you're uncertain about how to proceed, or if the issue isn't resolved after your initial response, consider seeking legal advice. An attorney experienced in licensing and regulatory issues can offer guidance and, if necessary, represent you in communications with the Board. Remember, maintaining open and professional communication with the Board is key. Most issues like this can be resolved once the correct information is presented and verified."
Q: If you are the defendant in a no contact order can the victim continue to harass you?. I know the defendant can't contact the victim but what happens if the victim keeps sending voice messages and posts lies about you in your Facebook comments? ,"A:In Indiana, a no-contact order generally prohibits the named defendant from contacting the protected person. However, the order doesn't automatically work both ways. If the protected person (victim) is harassing the defendant, it could be a separate issue. If you believe you are being harassed or threatened, you should document all interactions and report them to the police. It's also possible to seek a separate restraining or protective order against the person if their actions meet the criteria for harassment or stalking. Additionally, you might inform the court overseeing the no-contact order about the contact, as it may be relevant to ongoing proceedings. However, always be cautious and avoid violating the terms of the no-contact order. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: Can Landlord charge more rent if it's 2 tenants a room vs 1 tenant? What legal reasons?. 1) Let's say the rent for 1 bedroom is $1000 for 1 person. How much more can I charge for 2 people? I see online ppl charing 15-25% more? I see some sites say that you have to specify how utilities are calculated but I don't see how to do that because utilities differ depending on how much AC or space heaters are used, how much each tenant uses etc. If I don't have separate meters for each room (3-4 rooms) and then there's factoring in future inflation since PG&E just did a 12% increase and again soon. There's really no stable number every month. 2) Can it only be for utilities? Having another occupant means that I would have 1 more person I'd have to be liable for in the case of injury or fire etc. more wear and tear and thus more maintenance, increase chances of them breaking something. Increased chances of dispute mitigation etc.. mental load 3) If 1 have 3 bedrooms, 1 bath, 1 living room, and kitchen, what's the max number of people who can live there? single-family home ","A:In California, landlords have some flexibility in setting rental rates, but these must comply with state and local laws, including rent control ordinances where applicable. 1) Charging more rent for additional tenants is generally permissible. The increase can account for the higher utility usage and wear and tear on the property. While there's no fixed percentage for how much more you can charge, the increase should be reasonable and justifiable. As for utilities, if you cannot individually meter each room, you might consider a flat rate that reasonably estimates average usage, factoring in the number of occupants. This rate can be adjusted periodically to reflect actual costs, but any changes should be communicated clearly to tenants. 2) The additional rent can cover more than just utilities. It's reasonable to consider factors like increased liability, maintenance, and wear and tear. However, any additional charges should be clearly outlined in the lease agreement and justified as reasonable expenses related to the additional occupancy. 3) The maximum occupancy for a 3-bedroom property is generally guided by local housing codes and ordinances. In many places, the standard is two persons per bedroom plus one for the unit. However, this can vary, so it's important to check your local housing regulations to ensure compliance. Remember, these regulations are in place to ensure safe and comfortable living conditions for all residents."
"Q: Would defense response before service of federal complaint/summons be valid?. If defendant informed that case was filed at federal district court, but complaint/summons were not served yet: would defendant respond? would such response be valid? ","A:If a defendant becomes aware of a federal case filed against them but hasn't yet been served with the complaint and summons, they have the option to respond to the court. However, this pre-service response isn't typically necessary or standard procedure. The validity of a response made before service largely depends on the specific circumstances and the court's discretion. It's essential to remember that formal service of the complaint and summons is a crucial part of due process in the legal system, ensuring that all parties are properly notified and given the opportunity to respond. In such a situation, it would be wise to consult with legal counsel to understand the implications of making an early response. An attorney can provide tailored advice on whether to respond before service and how to protect the defendant's legal rights throughout the process. Each case has its nuances, and having professional guidance ensures that decisions are made with a clear understanding of their potential impact."
Q: My girlfriend and her ex husband live together with their 3 kids in SC. She told him she was seeing someone.. He came home and saw us in bed together and it's his house. He has multiple cdv charges but somehow took full custody of her kids when He had her put in jail He told her she had to leave and couldn't take all her belongings. what are her rights and possible issues that could happen. ,"A:In South Carolina, if your girlfriend's ex-husband has full custody of their children and she was told to leave the house, her rights and the potential issues depend on various factors including the custody arrangement and the nature of their living situation. If there's a formal custody agreement or court order, she must adhere to those terms. However, she also has the right to access and retrieve her personal belongings from the house. If he's preventing her from doing so, she may need to seek legal assistance or involve law enforcement for a civil standby during the retrieval. Regarding the custody of the children, if she wishes to challenge the current arrangement, especially considering the ex-husband's history of charges, she should consult with a family law attorney to explore her options. It's important to address these issues promptly, especially when children are involved, to ensure her rights and interests are protected."
Q: indiana rules When executing a knock and announce search warrant are bodycams excluded? Why?. The police never gave the signed warrant to the clerk to file. Took 11 months to return the warrant and it's not the same cause number. Also no bodycams? Why ,"A:First, body cams are not required by law, so there is nothing abnormal or problematic with not having body cam video in discovery since not all officers are equipped with body cams. Second, it is not uncommon for search warrants to be obtained under a unique cause number and not in the same cause number of any charges that are filed related to the warrant. Third, filing the returned warrant 11 months after the service of the warrant is odd, but an attorney would need to review the circumstances involved to determine whether this late return creates any opportunity for a motion to dismiss or suppress. These are issues you really need to discuss with the attorney on the case. There are many facts and circumstances that factor into the analysis of a situation like this one."
Q: Wife took boys to Florida now served me papers for divorce I need hel. She left after being accused of sexual relation with one of her students won’t bring our sons back and don’t know what to do ,"A:In your situation, where your wife has taken your children to Florida and served you with divorce papers, it is crucial to act promptly and seek legal assistance. The complexity of your case, involving interstate custody issues and serious allegations, requires professional guidance. Firstly, you should respond to the divorce papers within the timeframe specified by the court. This ensures your rights and interests are represented in the proceedings. Failing to respond can lead to decisions being made without your input. Secondly, regarding your children, you may need to file for custody or visitation rights. Given that this is an interstate issue, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) will likely come into play. This law governs custody matters involving different states and can be complex, hence the need for legal assistance. It's also important to address the allegations made against your wife. If they are part of the reason for the custody concern, this should be communicated to your attorney. They can advise on how these allegations may impact the custody determination. Remember, the wellbeing of your children and your rights as a parent are paramount. Legal proceedings, especially those involving family matters, can be emotionally challenging, so having professional support is important. Ensure that you keep a record of all communications and events related to the case, as they might be relevant in the legal proceedings."
Q: if someone has a power of attorney over someone else can it be revoked especially if it is without that persons consent. A woman has a mother who may have a power of attorney for her because the mother has taken all of the woman’s property and social security checks and has left the daughter to fend for herself in poverty. First I need to find out if the mother has a power of attorney for her daughter and if she does the daughter states that she never agreed to it or anything. So it will need to be revoked. The daughter is able to and has lived by herself without anyone’s help for some time. I am not sure why the mother would have all this power other than stealing the property and money of the daughter. The daughter suspects that the mother is taking her disability checks because mail arrives sometimes about the social security she applied for a few years ago but she has never received. But she thought it had been approved. ,"A:A power of attorney can be revoked at any time by the principal, even if it was granted without their consent. The principal can revoke the power of attorney by signing a written revocation and delivering it to the agent. If the principal is unable to sign the revocation, they can appoint someone else to sign it on their behalf. If the daughter suspects that her mother has taken her disability checks, she can contact the Social Security Administration (SSA) to report the theft. The SSA will investigate the matter and take appropriate action. The daughter should also keep a copy of the revocation document for her records and notify any financial institutions that the mother has access to that the power of attorney has been revoked. She may also be able to sue the mother for the money that she has stolen."
"Q: What are the forms needed to adopt an adult in the State of Georgia?. It has been brought to my attention that my 23 year old step-daughter has expressed her desire to be legally adopted by me. I understand that she has no desire to have a relationship with her biological father and that she is of sound mind. I would like to confirm that she has not been in the system and that she is requesting this adoption willingly. As her step-father, I have been a constant presence in her life since she was 10 years old when I married her mother. I take this request very seriously and want to ensure that all legal procedures are followed correctly. I appreciate the opportunity to consider this request and will take the necessary steps to ensure that the adoption process is carried out according to the law. I cannot afford an adoption attorney. I would like to handle this personally through the court system. ","A:To adopt an adult in Georgia, you would need to prepare a Petition for Adult Adoption, gather consent forms from the adult being adopted and any other necessary parties, undergo required background checks, file the petition and supporting documents with the appropriate court, and attend a court hearing for the judge to review the case and make a decision on the adoption."
"Q: My attorney was diagnosed with cancer, court date postponed. I don’t know how serious it is but she is starting chemo!. This is a family law case where my ex ex started litigation post judgment over a frivolous matter. My attorney just let me know she had been diagnosed with cancer and I don’t know what I need to do next. my ex and his attorney are brutal. They will take advantage of every opportunity, especially something like this. How do I protect myself? ","A:In California, when your attorney is unable to continue due to a serious health issue like cancer and undergoing chemotherapy, it's important to take prompt action to protect your interests in a family law case. First, discuss with your current attorney the possibility of a continuance or postponement of your court date. Courts often grant such requests under these circumstances, providing additional time to find a replacement. You should immediately start looking for another attorney who can take over your case. It's vital to find someone who is experienced in family law and understands the dynamics of your specific situation. Your current attorney might be able to recommend a colleague or a replacement. Ensure that you obtain all your case files and documents from your current attorney. This will be crucial for your new attorney to get up to speed quickly. While the process of changing attorneys can be stressful, especially in the midst of a contentious case, remember that your legal rights and interests remain paramount. A new attorney can bring a fresh perspective and renewed vigor to your case. In the meantime, maintain any necessary communication with your ex's attorney, but avoid making any agreements or decisions without legal counsel. Be cautious of any tactics they might use during this transition period. Finally, take care of yourself during this challenging time. Legal battles, especially in family law, can be emotionally taxing, and the added stress of changing attorneys can be overwhelming. Consider seeking support from friends, family, or a counselor."
"Q: Greetings, Sir, I am an American citizen, I am 60 years old, homeless, and I do not have a social security card, and I d. Greetings, Sir, I am an American citizen, I am 60 years old, homeless, and I do not have a social security card, and I do not have an identity or any proof that qualifies me to obtain an entity for me. Can you help me? Thank you. ","A:I'm really sorry to hear that you're experiencing this. In California, you may begin by reaching out to local social services or nonprofit organizations that assist with obtaining identification and essential documents. They might be able to help you gather necessary documentation and guide you in obtaining a new identification and social security card. It is generally advised to seek the assistance of a legal aid organization or a legal professional to navigate the intricate process efficiently."
"Q: Dose pachanga security have a right to put their hands on me due to haveing no I'd on my person far from 21 , 43?. Wasn't in casino took dog out to potty security approached ?about my Id in witch I had none boyfriend did .I was demanded to leave in a direction I did know at all I explained I'm not going that way and I'm going back inside to buy breakfast and then I was going to leave I explained I did have a player's card they could see my I'd on file they said that wont do it and that I needed to go in such direction they demand and one Male officer put his hands on my bicep to direact me I then said to him that he had no legal right to put his hands on me that point is when 3/4 others had started to man handle me. With dog in hands try to yank my arms behind my back but they were going to make me drop my dog hes 4pds 8oz very tiny I had done nothing wrong adding 1 hr prior i was sitting at the front main door with another officer due to my dog jumping out my arms hurting himself to the point of it looking as if he may of broke his back this officer also was kind enough to help me charge phon ",A:Contact a member of the Consumer Attorneys of California (CAOC)--they give free consults. It's possible you have a case though I'm not sure if it is likely to cover the costs of bringing it.
Q: I need a legal lawyer regarding a child support order that wasn't legal and identity thief by my deceased father .. My ex wife who had 2 children by my biological father and I left Illinois with a known address but wasn't notified and now the child in question ❓ is 45 with grandchildren and my ex is still receiving and I went to a court but they said they couldn't stop my social security benefits from being taken out. I'm finally broke.need a attorney. And my deceased father used my information and did identity thief that I didn't find out until he died. ,"A:Let's try to uncomplicate these issues a little bit. Your ex wife had 2 kids with your father but was never married to him. He is now dead. Do I have this accurate so far? One of those children is 45 with grandchildren. Your ex is receiving what and why? Identity theft. Get a credit report on yourself. Notify the creditors that should not be on there and the police, as well as the credit bureaus."
"Q: Hello.I have a question regarding the registration of the patent holder.. I would like to ask what I can do when my former partner in the company stole the software and registered a patent only for himself? The software belongs to a Slovak company in which he was a partner, but the court canceled his partnership. Is it possible to challenge this patent or file a request to register a remedy in the ownership of the patent? Thank you for your response. ","A:If your former partner registered a patent on software that was developed within your Slovak company and without including you or the company as co-owners, you have several options to consider. The first step would be to gather all evidence that demonstrates your contribution and the company's involvement in the development of the software. This can include development records, emails, and any other documentation that establishes your role and the company's role in creating the software. In terms of legal action, you can challenge the patent's validity or file a claim to correct the inventorship or ownership of the patent. This usually involves legal proceedings where you would need to prove that the patent was wrongfully registered in your partner's name only. Given that this involves complex issues of intellectual property law and potentially international law, it would be wise to engage an attorney with expertise in patent law and international business disputes. They can guide you through the process of challenging the patent and asserting your rights and those of your company. Remember, the success of such actions largely depends on the strength of your evidence and the specifics of patent law in the jurisdiction where the patent was registered. Time is also a critical factor, so it's advisable to seek legal advice as soon as possible to understand your options and initiate the appropriate proceedings."
Q: How to take action against property management for giving multiple inaccurate notices and and commiting fraud?. Property management has been giving multiple pay or quit notices every month since last year some with large balances with no details of charges and others are stating large amounts owed but are extremely over charging months rent. In December the property management stated I owed $168.00 so I paid it in January I received a pay or quit notices with a balance of 2223.00 multiple times I've ask where are the charges coming no response. Property management has also closed my Edison account without authorization or notification and opens another electric utility account with company I never heard of without authorization or notification and has added over $3000.00 in charges to rent ledger. I can't afford to pay a attorney all and the ones I contacted only assist if you have a eviction summons. What legal steps can be taken? ,"A:In California, you can start by filing a formal complaint with the California Department of Consumer Affairs' Bureau of Real Estate against the property management company for fraudulent activity. You may also consider small claims court for monetary disputes below a certain threshold, where you can represent yourself. Document all interactions, save all notices, and gather evidence like bank statements and utility bills to build your case, as this evidence will be crucial in any legal proceedings."
"Q: Hello, I scratched out a number on a certificate of title for a car and the dmv won't accept it. Can't contact seller. I need a why to put tags on my car, but the certificate is void and I can't find the private seller who I bought the car from. ","A:If the DMV won't accept a certificate of title because you scratched out a number, and you can't contact the seller for a new title, you could potentially face difficulties in proving ownership of the car."
"Q: Can another lawyer post things about your case & bash you on social media if they're not your lawyer or on the case ?. There's a Facebook group where there is two Florida lawyers are talking about my case to members of it. They're posting screenshots from pacer about the lawsuit against me and making fun of me when they have no information on this matter, and I haven't been able to prove my innocence. I want to know if lawyers that aren't representing me can do this on social media ? If it's something I can report to the bar? They're fueling these members with hate ","A:You actually raise a couple different issues here. 1. Can Court documents available on PACER lawfully be disclosed on social media? Yes, because they're public records, and the fact that the discloser is a lawyer who is not on your case is irrelevant. 2. Can someone lawfully make fun of you on social media making reference to court documents (and what if that person is a lawyer)? That depends entirely on what you mean by ""make fun of"". Whatever they're doing may or may not violate Fla. Bar rules of professional conduct. You can ask the Bar. Also, whether the perpetrator is a lawyer or not, spreading false information damaging to your reputation could be actionable defamation of character."
"Q: What qualifies as proof of daycare?. Co-parent is saying that her mother is increasing her rates for daycare, we currently split daycare costs down the middle. It's not an official daycare it's at her house where co parent and child both live. I have asked her for proof or something but she said that her mom just verbally told her, my parents have offered many times to watch him for the 3 hours that it takes for co-parent to get home from work and they live 3 houses down from where co-parent and son live but she refuses.. this will mean we both won't pay for daycare. My parents both work for the school district, they are great grandparents and are always willing to help out.. what can be done? There is no current court order, we are going through mediation and this was 'added on' ","A:1) I would agree that if no-cost daycare is available, that's what should be used; 2) proof of the cost of daycare can be provided in the form of receipts or bank statements showing the amount paid to the daycare provider. The cost of daycare would not be an ""add on"" if it is free or if it is not necessary because grandparents are willing and available to cover that 3 hours without charging for it."
"Q: Blood from a turnip knowing my ex n others are using me for S/W development and selling it to Samsung. Make him stop?. Breached the FBI using my SS#, they don’t care, breached through my devices, court wants money loss! Perl interactive programming I have their programming printed out. ","A:I'm sorry to hear about the situation you are facing. It sounds like a complex and potentially illegal situation. If you believe that your ex and others are using you for software development and selling it to Samsung without your consent or compensation, you may want to consider seeking legal advice. You could consult a lawyer who specializes in intellectual property or technology law to explore your options for stopping the unauthorized use of your work and potentially seeking compensation for any damages you have suffered. Regarding the breach of your personal information and devices, it's important to take steps to protect your data and privacy. You may want to change your passwords and enable two-factor authentication on your accounts to prevent further unauthorized access. If you believe that your personal information has been compromised, you may also want to consider contacting a cybersecurity expert or the authorities to report the incident and take steps to prevent further damage. It's important to note that breaching the FBI using someone else's social security number is illegal and can result in serious consequences. I highly advise against engaging in any illegal activities, including hacking or breaching security systems. If you have evidence of wrongdoing or illegal activities by your ex or others, you may want to consider sharing this information with the authorities or your lawyer. It's important to approach the situation carefully and gather as much evidence as possible before taking any legal action. Finally, Perl interactive programming is a powerful tool for software development, but it's important to use it ethically and responsibly. Remember that your actions can have legal and ethical consequences, so always approach programming and software development with integrity and respect for the law."
Q: What is the law about distance of a dispensary to a baseball field in Oklahoma?. Distance of baseball field to dispensary ,"A:There is not one. The limitation is in reference to a public or private school, so unless this baseball field is on school property, then there is no restriction currently."
Q: There isn't a water fountain or a water receptacle available where I work. There is only the bathroom faucet.. I am a resident of NY State and work on a military base. Is it legal to have only a bathroom faucet available? There is not a kitchen in this facility to access drinking water. ,"A:OSHA's sanitation standard, 29 CFR 1910.141, requires the provision of drinking water at workplaces. They do not specifically mandate the form in which that water is provided (they do not specifically require a water fountain). As long as the water provided is potable and sanitary, the employer is likely meeting the minimum requirements of OSHA's regulations. However, different or additional standards may apply since you are working on a military base. The Department of Defense and individual military branches have their own regulations on workplace conditions, which may exceed OSHA standards."
"Q: Can defense file A demurrer-1 Cross-Complaint-2 & 3-Mot/to strike alltogether? Can an Answer to-1, Moot2&3 if overruled?. 1. Upon providing an Answer in opposition to a Demurrer to an Unamended Complaint - What is the Defendant time limit if any to respond? Here: 2. Of methods used by a Civil Defendant to provide a response to an Action: A). By way of Motions Papers to Demur. B). Strike the Complaint or portions of the complaint, C). Initiate a Cross-Complaint without answering the complaint, D). Filed 3- Moving papers to include A, B & C above, e). f). Defendant instead Filed all the above ""A to D"" ask the court to choose one above the other and the Plaintiff may also only respond to file ""A"" demurrer moving papers, but neglect to file answers to defense not. ""b & C"". Can the Court be expected on ""A"" Demurrer moving papers if overruled does ""B & C"" moving papers stand a chance to stick? Question: Can the Court Discern this strategy to inundate complainants and moot ""mot. To strike and the cross-complaint upon Overruling demurring papers? ","A:In California, a defendant may indeed file a demurrer, a motion to strike, and a cross-complaint concurrently. However, the interplay and effectiveness of these filings depend on the specifics of the case and the court's rulings. 1. When a defendant files an answer in response to a demurrer to an unamended complaint, there is generally no set time limit for the defendant to respond to the demurrer itself. The defendant's response is typically the filing of the demurrer. 2. In terms of responding to a civil action, the defendant has several options: A) File a demurrer challenging the legal sufficiency of the complaint. B) File a motion to strike to challenge specific parts of the complaint. C) File a cross-complaint without necessarily answering the original complaint. D) Combine A, B, and C in a single set of moving papers. If the defendant employs all these strategies (A to D) and asks the court to prioritize one over the others, the plaintiff is generally expected to respond to each motion separately. However, focusing solely on the demurrer is not uncommon if it challenges the entire complaint. Regarding the court's handling of these motions, if the demurrer is overruled, it does not automatically invalidate the motion to strike or the cross-complaint. Each motion is considered on its own merits. The court will assess whether the strategy used by the defendant is merely to inundate the plaintiff or if it has substantive legal merit. In summary, while a defendant in California can use multiple strategies to respond to a lawsuit, the effectiveness of each depends on the court's interpretation and rulings on the individual filings. The court's primary focus is to ascertain the legal validity of each motion, regardless of the defendant's overall strategy."
Q: I received an election mailer called FREE THE VOTE. This is from FICPFM an advocacy organization for convicts.. I am a law abiding citizen and don't like the postal people seeing the implication that I'm not. Any information on what to do. ,A:Write them a letter and ask to be removed from their mailing list.
"Q: Can I legally serve my Adult son a 30 day comply or quit notice in California for him to sign a roommate agreement. My son is 20, he feels he can treat property like crap and make threats to others in home when he’s mad. ","A:In California, as a homeowner or leaseholder, you have the right to establish rules for living in your property. This includes requiring occupants, including adult children, to adhere to certain standards of behavior and respect for the property. If your son is not on the lease or does not have a formal rental agreement, he is considered a lodger in your home. Given your situation, you can issue a ""30-day notice to comply or quit"" to your son. This notice should clearly state that he must either agree to and sign a roommate agreement, which outlines acceptable behavior and responsibilities, or vacate the property within 30 days. It's important to ensure that this notice is in writing and includes all the necessary legal elements to be valid under California law. Remember, while this legal action is within your rights, it might also impact your personal relationship with your son. It's often beneficial to attempt a frank and open discussion about your concerns and expectations before taking formal legal steps. This approach can sometimes lead to a mutual agreement without the need for legal notices. However, if safety or property damage is a concern, it's important to prioritize these issues. In any case, it's advisable to consult with a local attorney to ensure that your actions are compliant with all relevant laws and to understand the potential legal and personal implications of issuing a notice to your son. They can provide tailored advice based on the specifics of your situation."
"Q: how to find an attorney for mentally ill person put in a county jail till she plead guilty. My client has been in several mental institutions and was told she was INCOMPETENT and UNRESTORABLE by a forensic psychologist. She has been in out of the judicial system since 2012. I just learned some of these things , while doing research . One of her mental illnesses is a not good for her or anyone around her. She was put in a county jail for several months, then they would put her in a mental facility for 10 days and put on medication. After the 10 days the county picked her up and put her back in the county jail, no meds, no medical treatment and constantly being put in solitaire. This did more damage to her, the being one and off medication does so much harm and then being behind bars. I sent the sheriff the laws that are in place for her and he ignored them, I emailed them to him and went over them with him.. During some of my research I saw where he knew of all of her mental illness since 2012, as did the courts. They made her sign she did not nor ever have mental illn ","A:To find an attorney for a mentally ill person in Arkansas who has been in the criminal justice system, consider reaching out to legal organizations that specialize in civil rights, disability rights, or mental health advocacy. The Arkansas Bar Association can provide referrals to lawyers with relevant expertise. Additionally, organizations like Disability Rights Arkansas offer legal assistance and advocacy for individuals with mental illnesses, especially in cases involving mistreatment or legal system challenges. It's important to select an attorney who understands the complexities of mental health issues in the legal system and is experienced in handling such cases. They can review the case details, including the treatment in jail and the competency evaluations, and advise on the best course of legal action. Additionally, they can assess whether her rights under the Americans with Disabilities Act or other relevant laws were violated. Quick action is crucial in such cases to ensure that her legal and health needs are adequately addressed. Collaboration with mental health professionals may also be beneficial in providing a comprehensive approach to her legal defense and care."
"Q: Me and my family are going on a two week trip and I don't want my older sister to get my dog what should I do?. My older sister has a history of psychopathlogal lying, stealing, and drug abuse. But she had paid for my dog medical expenses in the past but is there a way from keeping her away from my dog? ",A:Leave the dog with someone else.
Q: Trademark violations. I know someone trying to violate copyright/trademark of a rum registered ,"A:If you know someone who is attempting to violate the copyright or trademark of a registered rum brand, it's important to understand the potential legal implications of such actions. Copyright and trademark infringement can result in serious legal consequences. Copyright protects original works of authorship, while a trademark protects brand names, logos, and other identifiers that distinguish goods or services. Infringing on these rights can lead to lawsuits and significant financial penalties. If the person you know is using the rum brand's trademarked name, logo, or a substantially similar mark on their product, this could mislead consumers and damage the brand's reputation. This constitutes trademark infringement. One approach is to inform the person of the risks and potential legal consequences of their actions. Often, individuals are unaware of the extent of copyright and trademark laws and may reconsider their actions when informed. If the behavior continues, you might consider notifying the owner of the rum brand. They have the legal right to protect their intellectual property and can take action to enforce their rights, including sending cease and desist letters or filing a lawsuit. In cases of intellectual property infringement, it's often beneficial for the parties involved to seek legal advice. An attorney can provide guidance on the best course of action and help navigate the complex legal landscape surrounding copyright and trademark laws."
"Q: My obligations regarding a piece of property in Italy I inherited after my mother passed?. I have one third of a third of a property in Italy. No appraisal has been done. My aunt who has a third requests money for taxes and maintenance which equates to hundreds of dollars on my end. I asked to be bought out of my obligation or sell the property but no movement in either case. She has not been to the property in twelve years and the other third owner goes rarely. My two brothers own the other portion of our third and never go. Need insight on my legal obligation, I can't back out but I don't' want to continue to throw money at this property. If I stop paying do I lose my inherited portion, get sued to continue paying? ","A:As an owner, you have certain rights and responsibilities, including paying for taxes and maintenance. However, if you are interested in relinquishing your ownership or selling the property, the details of how this can be done are governed by Italian law. It's advisable to consult with an attorney who practices in Italy to explore your options, such as negotiating a buyout or initiating a sale. If you stop paying, the consequences could vary; you may not automatically lose your ownership, but you could potentially face legal action from the other owners for your share of the expenses. An attorney can help you understand the risks and guide you toward the best course of action based on your circumstances and objectives."
Q: What do I do if sellar won't sign release of contract for home inspection failure?. Put In and had offer accepted. Walked through house again and found growths in closet ceiling and leaks in garage roof. We did not give them the earnest money because we do not have the money to fix roof and interior of house. We brought the issue to the owners attention and they admitted they knew of the roof/ moisture issue. They made us get a 350.00 home inspec. The inspector found a lot wrong and gave me the report. I do not have the money to fix all that is wrong to live there. My agent drew up the release from purchase forms and we signed and sent them over. They are refusing to sign them. What do I do? I did not give the right to cure so I'm not sure what the delay is. In the mean time I've not been able to buy a house now and interest rates have gone up causing me to not be able to afford to buy. There actions are costing me a lot of money and cutting my time line to move out of my rental before having to sign a new lease. Can I sue for anything? ,A:You could file a lawsuit for a declaration stating that the sale is null and void. But that seems unnecessary in this circumstance. You can probably just walk away from the deal. It happens everyday.
"Q: Maintenance and cure. Jones Act, Federal Jurisdictions for filing claim.. I was hired as a Captain for a speed boat operation in Miami. Worked three days, on third day, another captain driving the boat executed a reckless maneuver during the ""go to fuel the vessel pre passenger morning prep"". The captain was traveling at forty mph, max throttle for that craft. without warning, took all power off, basically putting breaks on the boat. threw me forward, now have annular tear in cervical. Capt. did the move for thrills not out of proper seamanship skills or necessity. I went to dr. nothing broke per Xray, saw Chiro. limited improvement. now MRI show injury. I left Florida & returned to California seeking medical help bc i am from there. Unable to work on monohull / fast boats or boats in chop due to pain in injured neck. Now sourcing Othro Surgeon for consult. if my medical attention is conducted in California does this give cause to validate filing in the federal jurisdiction of Cali under the jones act maintenance and cure, plus liability? ","A:I'm really sorry about your accident. The Jones Act protects sailors injured on the job and is federal, meaning it applies no matter where you're treated. If you meet the criteria of a ""seaman"" and got injured during your job, you could have a valid claim. The choice between filing in Florida or California may depend on multiple factors, not necessarily where you're getting medical treatment. The 'maintenance and cure' provision requires your employer to cover your medical treatment and living expenses until you're healed. Your treatment in California could play a role in such a claim. Do consult a maritime law specialist for advice. They'll guide you based on your specific circumstances. Wishing you a speedy recovery!"
Q: I would like to get this company together for the first few months and then I’ll get it to up and running in no time. I have a question about how my life would be if I got this company and how much money would be made for my future and family is it sure success in the business or what I do need to know if I going to make my money back in wholesale or whole period ,"A:This question is very general. Many issues you need to address to stay out of trouble. The most common matter is your trademark. You should conduct a research and make sure you are not using others' trademark. Preferably, you should register your own trademark. Other matters include employment agreement, company formation, investment agreement, management structure. The best way to be sure of your success is to have a counsel on your side who can help you with the matter and answer your specific questions."
Q: Is there any legal recourse if I feel my child is not safe at a school after being a victim of nrs 388.135?. his case has been substantiated that he is a victim of bullying under nrs 388.135 and it only seems to be getting worse at the school ,"A:One option is to file a complaint with the Nevada Department of Education. The department has a responsibility to investigate all complaints of bullying and to take steps to address the problem. Suppose the department finds that the school has not adequately addressed the bullying. In that case, it may order the school to take specific actions, such as developing a bullying prevention plan or counseling the victim and the bully. Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice."
"Q: Can I be held liable (by a new entity) for an NDA I signed with a company that is 100% sold to a new buyer or entity?. If I signed an NDA as a member of a now defunct LLC with a company for an “indefinite term.” Very general NDA to protect trade secrets, recipes, etc. If the owner of the company who I signed the NDA with passes away, and his heir takes over his rights (both business and estate), and sells the company to a new buyer, can the new buyer enforce the contract? I have since opened an LLC, would this protect me personally if I breached the NDA which I didn’t sign utilizing this LLC? ","A:Depending on the language of the NDA, yes. Have a free telephone consultation with counsel. Jack"
"Q: My Dad gave his sister authorization in his bank account. The day after my Dad passed my aunt took money from his acct.. All the arrangements had been prepaid by him and my sisters and I paid for the remaining items. After obtaining the Declaration of Heirs, we found out about the money withdrawn by my aunt when the money was not hers. I spoke to the bank and they said she was authorized on the account and had the ability to withdraw money but they said she should have notified the bank of his passing. After his burial, my sisters and I notified the bank of his passing and they froze the account until all the legal documentation is ready to be submitted to the bank’s probate department before they can release anything. My question is do I have a legal right as his heir to demand my aunt return the money she withdrew a day after he passed? If so, what type of attorney can assist with this process. Thank you. ","A:Except that your aunt had a legitimate reason for taking the money out of the account (for which she'd need to present receipts), your late dad's estate is owner of those moneys until the probate processes are completed. Either by your father having left a will or going through the Puerto Rico courts for a Declaration of Heirs petition, you must establish you and your siblings as the legitimate and universal heirs of your father. If your father died after November 28, 2020, his widow will also be a legitimate heir. With either the will or the declaration of heirs resolution on hand, an inventory of your dad's estate at the time of his passing must be prepared into an estate tax return, which must be filed with the Puerto Rico Treasury Department (Hacienda). This agency will issue a tax waiver on your father's estate, which should be presented to the bank(s) along with a copy of your dad's death certificate, of his will (and certificate from the Office of Notary Inspections stating that the will has not been revoked) or the court's resolution in the Declaration of Heirs, for the bank to release funds. At that point in time, you can sue your aunt for taking out funds that belong to the estate."
"Q: Legal representation for the victim of domestic violence, why are the not court appointed? California. The prosecutor is defending/upholding the states laws, the defendant has a court appointed lawyer to defend their rights. As a victim I want a lawyer who will defend me and my rights as well, someone to speak where I feel I am not being heard, some guidance. Why are dv victims not represented by court appointed lawyers? ","A:In California, the legal system primarily appoints attorneys for defendants in criminal cases to uphold their constitutional right to legal representation. This principle is rooted in the Sixth Amendment of the U.S. Constitution, which guarantees the right to counsel for the accused in criminal prosecutions. The prosecutor represents the state and its interest in enforcing the law, not individual victims. Victims of domestic violence, while central to these cases, are not parties to the criminal prosecution in the same way the state and the accused are. As a result, they are not typically provided court-appointed counsel. However, this does not mean that the rights and voices of domestic violence victims are unimportant or unrecognized in the legal process. Victims have certain rights under California law, including the right to be heard and to participate in the proceedings. There are also victim advocacy programs and services available, which can offer support and guidance. These services might include counseling, assistance with restraining orders, and help navigating the criminal justice system. For legal representation, victims may seek assistance from private attorneys or non-profit organizations specializing in domestic violence cases. These organizations often provide legal advice, representation, and support tailored to the needs of domestic violence victims. While they are not court-appointed, they play a crucial role in advocating for and protecting the rights of victims within the legal system."
"Q: Do I need to register as a scrap dealer in Michigan if I am an LLC. Can I be exempt as a corporation?. I live in Cedar Springs, Michigan. I am a traveling coin and bullion dealer and am a registered LLC and would like to buy scrap gold and silver from the public. My registered business address is my home and I would be buying from the public (using cash) outisde of my home. Am I required to obtain a certificate of registration to be a scrap gold buyer? I have a friend who owns a shop who is a corporation and he says he's exempt and does not need to register. I am referencing the Michigan Precious Metal & Gem Dealer Act. Thank you! ","A:Under the Michigan Precious Metal and Gem Dealer Act, businesses engaged in buying precious metals and gems from the public are generally required to obtain a certificate of registration. This requirement applies irrespective of the business structure, be it an LLC, a corporation, or any other form. Your status as an LLC does not automatically exempt you from this requirement. The Act applies to individuals and entities that buy precious items from the public, especially for resale or refining. Since you plan to buy scrap gold and silver, this would likely necessitate registration under the Act. Your friend's situation as a corporation might be different due to specific exemptions or circumstances unique to his business. It’s important not to rely solely on anecdotal evidence but to verify the legal requirements applicable to your specific business situation. To ensure compliance, review the provisions of the Michigan Precious Metal and Gem Dealer Act carefully. If there’s any confusion or ambiguity regarding its applicability to your LLC, consider consulting with a legal advisor. They can provide clarity on the Act's requirements and help you understand your obligations under Michigan law. Remember, adhering to state regulations is crucial for the legal operation of your business and to avoid potential penalties or legal issues. Compliance not only protects your business but also builds trust with your clientele."
Q: 22 years ago got 2 tickets. I've had a driver's license and ID since then I don't know why now &is it legal?. they're going to issue a warrant for my arrest is that legal after 22 years why haven't they done it before now? Any loopholes? ,A:The question is whether the complaint (the formal charging instrument) was filed with the court within the 2 year statute of limitations period from the date of alleged offense. Calling a lawyer would help. Good luck.
"Q: My brother won his appeal, reversing the termination of his parental rights, due to ICWA not being followed. Whats next?. His appeal attorney said his case was IMMEDIATELY being sent back to dependency court. That was a few months ago. We've reached out to his ""attorney"" & the dept- with NO RESPONSE from either. My brother was rail roaded from day 1, wrongfully & illegally removing his daughter in 2020, them wrongfully & illegally removing my nephew FROM MY CARE, after his birth, due to us continuing to demand answers & accountability for the removal of my niece. We've experienced CORRUPTION AT ITS FINEST within this county. Now they are failing to return calls or communicate, even though his rights have been restored. We're not attorneys, we don't know how this process works & need direction. His ""attorney"" worked against him the whole case, allowing the agency to violate not only his civil rights but also his ADA rights. Also never arguing the removal from MY home, which shouldn't have opened a case because the baby was NOT with my brother to begin with. We have proof of their falsifying documents. ","A:If your brother's appeal was successful in reversing the termination of his parental rights, the case should be sent back to the dependency court for further proceedings. However, it's concerning that you have not received any response from his attorney or the department. It's important to continue to follow up with his attorney and the department to ensure that the case is moving forward and that your brother's rights are being protected. You may want to consider reaching out to a different attorney who specializes in family law or child welfare to get a second opinion and to help you navigate the legal process. In addition, if you have evidence of falsified documents or other forms of corruption, you may want to consider reporting this to the appropriate authorities, such as the state bar association or the agency responsible for overseeing child welfare in your state. Overall, it's important to stay informed and involved in your brother's case to ensure that his rights are being protected and that the best interests of his children are being served."
Q: Can I sue and prosecute individuals for being in my phone without my consent. This has been going on for five years and one of there names is Boonzey ,"A:Yes, you can. But you will need the individual's legal name and address either to complete a police report or to serve the individual with a civil lawsuit. My suspicion is ""Boonzey"" is not the person's actual legal name."
"Q: I was forced off a public sidewalk by a sitting elected town council person while viewing a public event. My recourse?. A currently elected and serving elected town council person ordered me from a sidewalk in front of his store during a public event, parade. The reason he made the order is simply that we have different point of view on how government is run and he does not like me. I was in the peaceful act of handing out campaign literature with others which is a common practice at this event, including on the named sidewalk. I would like to know me rights and do I have a case against him and the township in question. I want to place a lawsuit and am searching for the most qualified and experienced attorney in this area of law. I am in an Atlantic County, NJ municipality. ",A:Best to speak to a civil rights lawyer rather than a criminal lawyer.
Q: A situation happened CPS got involved and my mother. They told my mother to fill out guardianship papers.. She has until Monday to fill out these paperwork of guardianship but cps has not even got a hold of me the mother of the child . I NEED TO KNOW WHATS THE BEST THING TO DO IN THIS SITUATION SO MY SON GETS TO STAY IN THE HOME AND NOT BE REMOVED should I get a lawyer for this ? ,"A:Based on the situation you've described, here are a few recommendations: 1. Contact CPS immediately to understand why they told your mother to fill out guardianship paperwork for your son without contacting you first. As the child's parent, you have legal rights that CPS must respect. Get clarity on what steps they are taking and why. 2. Consult with a family law attorney as soon as possible. An attorney can advise you on your parental rights in this situation and options to legally challenge CPS if they are not following proper protocol. They can help guide interactions with CPS to keep your son placed in the home. Many attorneys offer free or low-cost initial consultations. 3. Cooperate fully with CPS while asserting your rights. Be upfront that you, as the mother, were not contacted about the guardianship paperwork request or next steps. State you want to work constructively with them while exercising legal rights to consent over major decisions about your child. 4. Look into legal aid groups in your area that may provide free/affordable legal services for child welfare cases. They can walk you through state laws and procedural next steps while interfacing with CPS on your behalf. This can ease the process substantially. Staying calm but acting swiftly here is key. With legal guidance and constructive communication with CPS, you can hopefully resolve the situation to keep your son placed in his current home as desired."
Q: How do we pursue a case against CHP in the San Bernardino mountains?. We were hit by a drunk driver but CHP did not perform a sobriety test. Instead the officer let him smoke a cigarette. The officer was told by locals that the man who hit us was “just weird” so he was let go. When we went to check our car at the tow yard his was there and filled with alcohol which I have videos and pictures of. The CHP also filled out the report wrong and admitted to being a brand new officer. I informed the officer about the alcohol and he said there was nothing that could be done now. We are in a lawsuit with the driver who hit us but CHP is at fault for letting a drunk driver go. ,A:You would not have a lawsuit against CHP in this circumstances. In your civil case you can still pursue the defendant for drunk driving.
Q: Is it legal for workers for one candidate to steal campaign literature of a competitor from doors and porches?. We have video of this occurring in June special election and we were told it is legal which I find hard to believe. ,"A:That sounds like an election law violation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship."
"Q: If I purchase foreclosures to re-sell, using the money of another person am I at risk with SEC of selling securities?. I create an LLC with 1 other person that finances the purchases. I do all of the work. Houses are purchased in the name of the LLC. We are both 50/50 partners of the LLC. I sell the house and we split net profit 50/50. If I do this with other investors, creating a separate LLC with each one, buying properties and total invested is less than 1 million. (Total combined of all investors/LLCs) Am I breaking the law? Assume some solicitation, accredited and non-accredited investors, less than 12 investors total. (each has a separate LLC with me). This is very profitable. ",A:ONE INVESTOR IN ONE LLC MIGHT NOT BE A PROBLEM BUT THE MORE YOU DO THE CLOSER YOU COME TO BEING LABALED AN UNREGISTERED BROKER SELLING UNREGISTERED SECURITIES
"Q: My Brother had a stroke on sept 3rd, and passed away on sept 26, i was told 2 weeks later he had covid. what can i do. I am his next of kin, we were allowed to say our goodbyes without this knowledge ","A:I am so sorry to hear that your brother passed due to potential nursing home negligence. You should consult with a local nursing home abuse attorney to investigate what happened. In nursing home infection cases, the liability usually arises out of a facility's failure to react to a symptomatic patient when they could've and should've."
Q: Personal damages. I need a personal damages lawyer ,"A:If you need an attorney, it could be difficult for someone here to respond with their services. The format here isn't like an attorney referral service - it's only question & answer. In addition to your own searches, you could use the tab above (Find a Lawyer) or look into the attorney referral section of local bar associations where you're located. That's outside the forum here - it's between you and attorneys you contact. Good luck"
Q: Can an owner of an airbnb house release video of a famous person who is on the porch of the home on to the internet?. There is a video of Bill Belichick at a home shirtless going viral on the internet. Would he have civil recourse against the person who released it if the person was the owner of the home that rented it to him or another person? He comes out of the home and remains on the porch for the duration of the video. ,"A:If an owner of an Airbnb releases a video of a famous person, like Bill Belichick, who is on the porch of their rental property, the legal implications can be complex. The release of such a video may raise issues of privacy. In general, individuals have a reasonable expectation of privacy in certain areas, including rental properties. If the video was captured without the individual's knowledge or consent, particularly in a setting where they had an expectation of privacy, there could be grounds for a civil lawsuit. In this scenario, if Belichick did not consent to being recorded or to the release of the video, he may have legal recourse against the person who released it. This could include claims for invasion of privacy or violation of any applicable state laws regarding recording and distribution of images. The fact that the recording was made on the porch of the house, which is part of the rented property, complicates the matter. The porch is generally considered a private space for the duration of the rental. If faced with such a situation, it would be advisable for the person involved to seek legal advice to understand their rights and options. The nuances of privacy law and the specifics of the situation would need to be carefully considered. Remember, respecting the privacy and legal rights of individuals, regardless of their public status, is crucial."
Q: If I sign a lease agreement in Puerto Rico for reusable energy for 25 years and I die does the lease agreement stops?. I want to know if my family are obligated to continue paying my lease agreement if I die in Puerto Rico. Property is not involved. Energy service. ,"A:As a general rule, when a person dies, his/her estate is made up of that person's assets and outstanding obligations (liabilities). As contracts go, usually, the death of one of the subscribing parties terminates the contract. Nevertheless, the lease contract should be revised to determine whether a provision exists for successors and heirs; in which case, those of your heirs that accept their inheritance of your estate would assume the obligations for the lease agreement (maybe). It comes down to determine what the contract's termination clause states."
"Q: Pros and cons. Coordination, consolidation of related cases in federal and ca superior court.. Please reference specific rules on cases coordination if such exist. They are not in chapter 3, of division 3, title 3. In respect to consolidation or coordination: pro argument seems to be efficiency. How to prove that this could be true to opposite? What level of coordination on common claim is acceptable? ","A:In considering the coordination or consolidation of related cases in both federal and California Superior Court, it's important to first reference the applicable rules. Federal courts generally follow the Federal Rules of Civil Procedure, particularly Rule 42, which addresses consolidation and separate trials. In California, similar provisions are found under the California Code of Civil Procedure. These rules aim to balance judicial efficiency with the rights of the parties involved. The primary advantage of coordination or consolidation is indeed efficiency. It can lead to a more streamlined process, reducing repetitive evidence presentation and possibly leading to a quicker resolution. This is particularly beneficial in cases with common issues of fact or law. To argue for the efficiency of this approach, you might gather data or case studies showing reduced trial times and faster resolutions in consolidated cases. Additionally, presenting examples where coordinated efforts led to consistent rulings can strengthen your case. However, it's crucial to maintain a balance. Over-consolidation can lead to complexity and confusion, potentially infringing on the parties' ability to present their individual claims effectively. The level of coordination acceptable largely depends on the similarity of the claims and the potential for prejudicing any party's case. When considering consolidation, always weigh the potential for increased efficiency against the risk of complicating the proceedings or diluting individual claims. It's a careful balancing act, requiring a thorough understanding of both the specifics of the cases and the overarching legal principles."
Q: is there some law or right thats says this is wrong. im 14 and got my girlfriend pregnant her parents are saying she has to have an abortion because having the baby can kill her and seriously hurt her and i looked it up and if that was the case it would be a mandatory abortion and now they dont even wanna tell if us shes gonna end up getting a abortion or keeping the baby there had to be something that says they have to tell us something ,"A:Even after the Dobbs decision, a woman has the right to choose. A minor woman would need to work with her parents to obtain a timely abortion. If your girlfriend chooses to have the baby, keeps the baby, and gives you information, you could have the option of signing off on the baby's birth certificate to be designated as the baby's father, or to file a timely declaration of paternity. Use protection/a condom. Actions have consequences. If your girlfriend has the baby, she can file a parentage action, seeking a DNA test if you've not voluntarily stepped up. If you are the dad, you can be held accountable for 18 years of child support, plus maintaining health insurance for the child, prenatal costs for the mom, costs of birthing the baby, and splitting out the child's uninsured health care expenses. Good luck to you."
Q: Does Childtime sharing start before paperwork is signed by a judge?. As a father I was awarded 100% custody of our two young children through a domestic violence injunction order. Mother responded with a petition for paternity. I wasn't able to afford legal representation for trial on September 29th and somewhat poorly represented myself and the interest of our children. The mother was awarded 50/50 custody. The Magistrate ordered that when child support would be entered that it would begin on the 1st of October. He then LED on to say that the mother would have the first week and that the paperwork should be in within a week. There is still no paperwork and the clerk informed me that it's still in the bin. Her lawyer contacted me on the 9th and threaten me with contempt saying that I was supposed to give the children to the mother on the 1st with no documentation. I gave them to her this past Sunday and my daughter has missed 3 days of school. Mother is very suspect of NPD. I have the recording of trial and can't tell what I'm actually supposed to do ,"A:Technically, you should follow whatever the judge orders, even if it is verbal. The written order should match what was said verbally. If you have an issue with what you should do then you must return to court to ask for clarification. If you have concerns about the children missing school when they are with the other parent then you can file a motion. Speak with a local family lawyer for more specific advice."
"Q: I'm trying to figure out if my ""financial planner"". was actually qualified to give me advice on investing - do they have any kind of certification they have to have? ","A:If your ""financial planner"" is a stockbroker who sells and markets stocks, bonds or other securities products, the easiest way to assess their certifications is checking the FINRA platform Brokercheck. Simply type in the brokers name and you will see what certifications the broker or ""financial planner"" has under the ""Examinations"" section of the platform. This will tell you if the financial planner has a Series 7 license which permits someone to sell or market securities products. Brokercheck will also contain other critical information relevant to the brokers qualifications such as the number of years affiliated with a broker dealer and what member firm the broker is affiliated with. The ""Disclosures"" section will show whether the broker has been involved in any past customer disputes or regulatory matters with FINRA the self regulatory organization which manages Brokercheck and overseas broker dealers. Your ""financial planner"" may not appear on Brokercheck if the individual was an accountant or works as a CFA or CFP. More information is needed on the financial planner in order to really assess what certifications they are required to have."
"Q: An ex-friend made an imputation of unchastity against me. I have multiple records of harassment. How do I proceed?. An ex-friend accused me of adultery with her husband who she separated from. I have multiple text messages, and Facebook admitting to her slandering me to others as well as 3rd party sources and friends informing me of what she's said. It's my word against hers; how do I prove that I am innocent and stop any further harassment? ","A:I suggest you hire a lawyer to write a ""cease and desist"" letter to your ex-friend. The lawyer will likely inform your ex-friend that publishing defamatory statements would subject your ex-friend to liability regarding any and all damages suffered by you. And that falsely accusing someone of adultery is per se defamation. Hopefully a letter will stop the defamation. Hiring a lawyer to commence and prosecute a defamation lawsuit on your behalf is an option, but likely a very expensive option."
Q: My father-in-law is being abused financially. His wife took 300k He needs $ to attend his daughters celebration of life. Can we call the police or file an order so he can regain his 50% ,"A:In Arizona, if you suspect financial abuse of your father-in-law, you can indeed take action. First, consider reporting the situation to the police, especially if you believe a crime has been committed. You can also contact Adult Protective Services in Arizona, as they investigate cases of elder financial abuse. If the funds were joint assets, your father-in-law may have legal recourse to recover his portion. A civil lawsuit might be an option for recovering the money, depending on the specifics of the situation. It's important to gather all relevant financial documents and evidence of the alleged abuse. Consulting with an attorney experienced in elder law or financial abuse cases would be beneficial to understand the legal options and the best course of action. Prompt action is crucial in such situations to protect your father-in-law's rights and assets."
"Q: Is this real??. CASH ADVANCE INC (THE CASH ADVANCE GROUP) Attention, Debtor LAWSUIT COURT CASE FILE NO: #UDT-5734942 LAWSUIT COST - $768.46 (INCLUDING ATTORNEY FEE/COURT FEE/ALL TAXES) LOAN SETTLEMENT AMOUNT- $576.35 (Today’s Settlement Amount, 25% waived off) SUBJECT: - UNPAID PAID LOAN INVOICE #UDT-5734942 After multiple attempts to reach you, we haven't received any positive feedback from your side. As you are not paying your seriousness on this account suggesting that you are ignoring the situation and repeating the same activity which you did before with the loan company. We are trying to best help you on this matter but you are taking this matter lightly. You will be represented @ 700 Stewart Street, Seattle, WA - 98101 Account Status: WARRANT IS ACTIVE FOR SEARCH AND SEIZE.""Docket Number: #UDT-5734942 has been declared as a ""GUILTY"" by Authorized Law Enforcement Department, Seizure Warrant has been activated ",A:It has the appearance of a scam. Check the court records and your credit report. B
"Q: Is it possible for me to sue Pokémon support for lying in their code of conduct and negligence. Code of conduct says “if you believe you have been mistakenly discipline, please contact support here” which is where I make support request ticket but after making one all I get is an email (This is an automated email response.) saying “we don’t respond to inquiry’s of that kind” or “ As a general rule, we do not reply to inquires regarding penalties, account bans, or fair-play points.” Yet ironically it’s an option for their support request. ","A:Dear Mrs or Mr, well this is kind of not so exact question, but I will try to provide an answer to at least some extent. At first the question about ""If you are able to sue someone"" is very general and the general answer to this is that Yes, you can sue, because you can sue anything in this world. But there is a big BUT here. You must have a strong claim in order to win your case and thats another point - we do not see many details about your case. The best advice I can give you is to ask a local intellectual property lawyer to have a closer look at your case. I wish you a best of luck with your case."
Q: It has been 3 weeks since the end of the lease & no deposit has been returned. What legal recourse can we take?. Wondering what steps we can take to get our $1000 deposit back. We have given them 3 weeks to return it or to give us reason they would need to keep it. We have received none of that. Is small claims the next step to take? Or are there other options or additional legal recourse we can take. ,"A:In South Dakota, if it has been three weeks since the end of your lease and your $1000 deposit has not been returned, you may consider pursuing legal recourse. First, document all communication regarding the deposit return, including any requests and the landlord's responses. If you have received no response or explanation for withholding the deposit, sending a written demand for the return of the deposit may be a prudent step. Clearly outline the time frame for compliance. If the landlord still does not respond or refuses to return the deposit, filing a small claims lawsuit is a viable option. South Dakota small claims court is designed for cases involving relatively small amounts of money, making it an accessible venue for disputes of this nature. Prior to filing, check the specific rules and procedures for small claims court in your jurisdiction."
"Q: If something is in the public domain, can we use the title, name, music, etc without issues?. If something like a book, movie, music, etc is in the public domain (eg, Mickey Mouse, Snow White, Wizard of Oz, etc), does that mean that we can use the title, character names, music, etc for free without permission? I realize that if the modernized version is different from that of the public domain, we can't use the updated version but what if we just want to use the name Mickey Mouse, as a mouse like character which is actually a serial killer or our own spin/take on the character? When something becomes public domain, how much leeway do we have to use derivative IP? Like I have heard that someone can trademark a name that is in the public domain. How does that work? Thank you. ","A:To start with, it is pertinent to point out that Copyright is not granted or owned in perpetuity. That being the case, Copyright is granted for a term certain; usually for the entire duration of the copyright holders' lifetime and a specified period after their death. From the end of their copyright, the copyright-protected work enters the Public Domain for use and/or commercial exploitation for non-copyright holders to that work. Thus, once a work enters the public domain, a non-copyright holder of that work can commercially exploit it without having to seek permission from anyone--after all, the work is already in the public domain. The protection afforded the copyright holder has lapsed. It should be noted that, depending on jurisdictions, parties can file for extension of copyright, so it is necessary to check the applicable jurisdiction where you reside so that you find out what's applicable before moving forward."
"Q: Can Federal case considered to be filed if decision on waiver is pending?. Did I understand correctly? My statute of limitations to file federal case is at the end of next week - this is why I would like to know if any urgent measures I have to take asap, because: 1. I submitted documents for initial filing, and according to submission confirmation - this will be the filing date. 2. If any amendments to documents submitted would be needed - filing date is still intact? 2. Documents will be reviewed and uploaded into the court electronic system within 3 - 5 days? or after amendments are made - if needed? 3. The Court's decision on fee on waiver can be made later, after a decision on initiating the case was done? 4. Please advise if the case can be considered to be filed if a decision on waiver is pending. ","A:In the context of federal court procedures, the date of initial filing is generally considered the effective date for statute of limitations purposes. This means that if you have submitted your documents before the deadline, your case should be deemed filed within the statutory period. Regarding amendments to the documents, typically, minor amendments do not affect the original filing date. However, this might vary based on the nature of the amendments and the specific rules of the court where the case is filed. The process of reviewing and uploading documents into the court's electronic system can vary in time. It's usually within the timeframe you mentioned, but it can be different based on the court's workload and specific procedures. The decision regarding a fee waiver can often be made after the case has been initiated. This means that the review and approval of your fee waiver request might not impact the status of your case filing. To ensure that your case is handled correctly and meets all deadlines and requirements, it's advisable to keep track of any court communications and respond promptly to any requests for additional information or documentation. If you're unsure about any aspect of the filing process, consulting with a colleague or the court clerk can provide clarity and guidance."
Q: I've heard the rules are changing in protecting. me against bad investments and what a broker has to tell me - is that true? ,A:There are rules in place protecting you against bad or unsuitable investments. FINRA suitability rules for instance require that any investment recommendation made by a broker to an investor must be in line with investors stated financial profile and objectives. What I think you might be referencing in terms of a rule change or what a broker has to tell you is the Department of Labor (DOL) Fiduciary Rule which was recently overturned by a Federal Court and is no longer being pushed by the Trump Administration. The DOL Fiduciary Rule may no longer be in place at the federal level but this doesn't necessarily limit what disclosers your broker has to make to you. Much will depend on where you are investing and if the firm has internal regulations still in place requiring certain disclosures to be made such as fees on certain products or material market events concerning securities in your account. Where you live and state securities regulations are also an important consideration. Whether you have a discretionary investment account or a commission based account is of great importance as well. Bottom line is what your broker has a duty to divulge is a fact sensitive inquiry. Much will depend on your investment profile and relationship with your broker or investment advisor in determining what has to be disclosed.
"Q: I have a case in Supreme Court Queens, PRO SE, for debt collection, the other party has answered, I need an ATTY taking. the case until get the judgment. Thanks ","A:Are you collecting the debt, and, if so, how much and against whom? If you are the debtor and you brought this action under the FDCPA, then it is a different story. I would need to hear more facts to give you advice."
Q: What is standard arrangement of custody for two parents in different states with special needs child.. My 2.5 yo has spastic quadriplegic cerebral palsy and autism. I have sole custody with visits at my discretion. Dad hasn’t seen child since 2021 and has called 6 times in over three months. Got served with child support and asked me to have someone adopt him so he could signs rights away and get out of support. Now that he’s went to court he says before he pays anything he wants custody and over nights with our son. My son has a safe sleep bed and has to have lots of care that dad won’t know how to provide. Child also has never stayed the night anywhere but home but maybe 4 times due to insomnia and self harming when not in normal routine. He does not like disruptions. I suggested meet half way and visits rather than over nights but he gets so angry and threatens to file for custody. What are the odds? Or standard custody for special needs children? ,"A:If you already have sole custody, it is highly unlikely he is going to be able to change that bc the standard of proof is a high threshold. Additionally, if you have been living in your state for more than six months, any custody action should be brought where you and the child reside. You are pretty solid in your case."
"Q: ADD-ON. I have looked up motions they seem very complicated. Im worried if make a error it's done.. The judge says I find you guilty sentencing is January 11th. I said right back to her I thought that I was getting probation today and avoiding going to prison? She said no! I just take the plea. I'm sick already. The threats of prison for the last several months drove me nuts. Not being able to have my lawyer help. Never meet, I offered lunch to speak about the case and I'm supposed to trust him when sentencing comes for me. He has lied about everything. I'm so freaked out. I have lost all hope in the justice system. I thought all they need to do is look at the vest cam and I'll be done, go home and it's over, But no My lawyer told me it doesn't even matter about the video they can edit it change it delete it they can do whatever they want. And what he says he saw I was guilty. I asked several times than let me see the video. Thank you for your response, sorry to rant, I never thought this could happen. ","A:In your situation in Nevada, feeling overwhelmed by the complexity of legal motions and the outcome of your case is understandable. If you believe your attorney has not represented you effectively, you have the right to express your concerns and seek a different legal representation. Given the seriousness of your situation, particularly with the impending sentencing, it's advisable to act quickly. Requesting a meeting with your current attorney to discuss your case in detail and your dissatisfaction with their service is a first step. It's important to clearly communicate your concerns and the need to review evidence, like the vest cam video you mentioned. If you still feel that your representation is inadequate, you may consider filing a motion for a new attorney. In criminal cases, defendants have the right to effective legal representation, and if this is not being provided, the court may allow a change in counsel. Also, explore the possibility of filing a motion to reconsider or appeal, especially if you believe there has been a miscarriage of justice. This needs to be done within a specific timeframe after your conviction, so timely action is crucial. Remember, navigating the legal system can be challenging, but you have rights that should be respected and upheld. Seeking legal advice and assistance that aligns with your needs and concerns is important in ensuring those rights are protected."
"Q: girlfriends mom ran some kind of background check without my consent. Finding out a shoplifting case from 5-6 years ago. It was something I wanted private because the case was dismissed. And from what my girlfriend said, ""Her mom knows people"" and that really puts me in allot of unease. I guess a useful piece of information is that her mom is in the military, so I'm not sure I'd that's also some kind of abuse of power ",A:Criminal records are publicly available. There is no consent required to obtain publicly available information.
"Q: My F1 visa has expired, but my I20 is still valid. If F1 expires, can I still transfer to another school?. I am a international student in US, I plan to transfer to another school next year. ","A:My F1 visa has expired, but my I20 is still valid. If F1 expires, can I still transfer to another school? YES. The F1 visa is only used to enter the US. The F1 is admitted for D/S (duration of status)"
"Q: If not expressly stated in HOA bylaws as non permissible, can I legally have a home standby generator installed?. Since my townhouse area has had at least 3 power outages in the past year, one lasting over three days, resulting in my home being untenable, would any HOA objection to the installation of a home standby generator be enforceable? ","A:As long as the installation of the generator does not violate any other rules, you should be OK. I would be concerned with where you place the generator. Most HOAs require you to have any mechanical systems in the back-yard or otherwise placed out of view from the front. I hope this answers your question."
"Q: The father of my child left us in the hospital. He never reached out and never signed a birth certificate. She’s 4 now,. My fiancé wants to adopt. How long do we have to be married for? Can he adopt before marriage? ","A:It would probably be best to get married first and then adopt. Even though the biological father is not on the birth certificate he is still legally the father and has rights, so when you and your future husband do get married and he (your future husband) goes to adopt your child, you and your future husband can do a joint petition for him to adopt. You and he will have to serve process on your child's biological father, giving him the chance to come and oppose the adoption. If you cannot locate him (your child's biological father) you can serve him with process by way of an order of publication (which requires running an ad in the newspaper for so long), if your child's biological father does not show up the adoption will likely be considered unopposed and will move forward. You should reach out to a local family lawyer in your area to help you."
Q: I voluntarily baker acted myself in 2018 and was released in under 24 hrs. Never been in trouble and still can’t get CWP. It was voluntary and I’ve never been arrested prior and until currently. They won’t let me get a cwp ,"A:In the context of the Baker Act and its impact on obtaining a Concealed Weapon Permit (CWP), it's important to understand that each case has unique aspects. The Baker Act, particularly when it involves voluntary admission, can influence your eligibility for a CWP, but this depends on specific state laws and the details of your situation. Given your experience of being voluntarily admitted under the Baker Act and released within 24 hours without any history of arrest, it's advisable to review the specific criteria for CWP eligibility in your state. States may have different regulations regarding mental health and firearm possession. If your application for a CWP is being denied, it may be beneficial to seek legal advice. An attorney can review your case in detail, considering your voluntary admission under the Baker Act and your clean arrest record. They can provide guidance on whether there are grounds to appeal the decision or if additional steps are needed to meet the eligibility criteria for a CWP. Remember, navigating these legal nuances can be complex, and having professional guidance can make a significant difference in understanding your rights and options."
"Q: when you're stopped on your bicycle the reason being no lights can they take your pocket knife from your hip that is 2"". I did have lights front and back as he's searching my fanny pack the other officer said I fit the description that was given earlier. I did not fit the description I was just on a bicycle in the area actually I was headed directly to the crime scene so and headed toward the police cruisers the cop used several different reasons why he needed to open my fanny pack I don't think they legally had authority to ask me for it ","A:If you were riding your bike at night, they can pull you over for not having lights. They can't search you absent reasonable suspicion or search incident to arrest. Sounds like you pocketknife was legal. See the following blog on knives in Arizona https://www.rideoutlaw.com/carry-a-knife-in-arizona/ The problem with police departments once they take an item, its hard to get it back. You can call whatever police department's property and evidence department to check the status of your property."
Q: Federal case filing and serving question. Complaint and Summons that Plaintiff has to serve on Defendant will be downloadable from PACER? Is it the same that conformed copy? ,"A:In a federal case, once the complaint and summons are filed, they can indeed be accessed through PACER (Public Access to Court Electronic Records). PACER is a comprehensive source for federal court documents, including filed complaints and summons. It's important to note that the documents downloaded from PACER are generally considered to be true and accurate copies of the court records. However, they may not be the ""conformed copies."" A conformed copy is a copy of a legal document that has been stamped and endorsed to show it's a true copy of the court's original document. When it comes to serving the complaint and summons on the defendant, you should use the copies that comply with the Federal Rules of Civil Procedure and the specific requirements of the court in which you're filing. This often means using copies that have the court's stamp or seal, indicating they are official documents. Remember to always check the local court rules and the Federal Rules of Civil Procedure for any specific requirements regarding the preparation and service of these documents. If there's any uncertainty, it's a good practice to reach out to the court clerk or consider consulting with peers for clarity."
"Q: EMTALA Federal case. Scope of discovery to be propounded by Plaintiff.. FCA has to be a different case to be filed under seal. Are discovery requests in respect to fraud/FCA: in scope of EMTALA case discovery, deemed relevant? ","A:In considering the scope of discovery for an EMTALA (Emergency Medical Treatment and Labor Act) case, it's crucial to understand that discovery should be relevant to the claims and defenses in the specific case. EMTALA focuses on ensuring patients receive emergency medical screening and stabilization in emergency departments, regardless of their ability to pay. If you're dealing with allegations of fraud or False Claims Act (FCA) violations, these generally fall outside the direct purview of an EMTALA claim. EMTALA cases typically do not delve into issues of fraud unless they directly relate to the denial of appropriate emergency medical care as required under EMTALA. However, if there is a plausible connection between the alleged EMTALA violations and the fraudulent activities — for instance, if the fraud could potentially explain why the EMTALA violations occurred — then those discovery requests might be considered relevant. It's a nuanced area where the specific facts of the case can significantly influence the scope of discovery. In practice, if you believe that the fraud/FCA issues are pertinent to your EMTALA case, you may propose these discovery requests. Be prepared, though, for the possibility of objections from the opposing side on grounds of relevance. The court will ultimately decide whether such requests fall within the scope of discovery for the EMTALA case. It's also worth noting that FCA claims are often complex and require filing a separate action, typically under seal. This means that the evidence and discovery in an FCA case may not automatically be transferable or relevant to an EMTALA case. In such intricate legal scenarios, it might be beneficial to consult with an attorney experienced in both EMTALA and FCA matters to navigate the complexities and ensure that your discovery strategy aligns with your case objectives."
"Q: Can a magistrate find me guilty for failure to obey traffic control device if it was on private property?. The sign was not removed when originally installed upon construction in of previous business in 2015 which was later demolished and property sold. There were no agreements established as per Florida Statutes, and they are neither regulated nor maintained by neither the City , nor the FDOT. Sign is also illegally placed and wrongly placed (Not on public easement). I was wrongly charged and prosecuted, and found guilty by a magistrate, and found guilty. Magistrate Stated that she believed that I could see the signage even though it was out of my view, and that ""it doesn't matter if the sign is on public or private property, you still have to obey it,"" and denied my motion to dismiss, stating that I lack evidence, and fined me. Does this constitute also as Extortion and Tort of Abuse of Process? ","A:Sorry to hear about your ordeal. You are basically asking if the traffic magistrate can convict someone who shouldn't be found guilty. That's the same as asking if the magistrate has the power to make an incorrect decision. The answer, unfortunately, is yes, and the magistrate is immune from a money damages claim for making an incorrect decision. Incorrect judicial decisions are common - that's why appellate courts exist, and that's why appellate courts are very busy. I suggest you promptly consult a traffic ticket attorney in your area."
"Q: If you reside in the zipcode of a city in Oklahoma, and not in the city proper, do you get a vote in city elections?. There is a Mayoral election upcoming and there is a lack of clarity on who is allowed to vote in it. ","A:Check your city's municipal code. Your city's municipal code will tell who can vote in city elections, and who can't. Some Oklahoma cities publish their codes online at www.municode.com See if your city's code is there. If your city's code is not on municode, contact your local city clerk. By Oklahoma statute, all city clerks are required to keep a copy of the city's municipal code in their offices, and make the code available for inspection."
"Q: I have a question concerning a Ponzi scheme and the subsequent trust liquidation reimbursement(s).. I was the victim of a Ponzi scheme in 2017. The liquidation trust has made its initial distribution and anticipates more payments over the next several years. This first payment represents less than 10% of the expected reimbursement, so it appears this will indeed be a long process. The only certainty is the legal fees I continue to accrue, approximately $3000 per month for 15 months now. Since the return of funds has started, albeit at a snails pace, have I come to the point in this process where I can do without an attorney? I have no prior experience in these matters but once the liquidation trust starts this process of liquidating assets and issuing reimbursements does it just become a matter of waiting for the checks to keep coming - hopefully. ","A:If I am reading your interesting question correctly, some state and/or federal law enforcement agencies have already shut down the Ponzi scheme that bilked you out of a substantial amount of money and has set up a liquidation trust that is selling off the criminal's assets; and so you are just now starting to receive periodic payments from the trust; is that right? If so. your question appears to be one of timing, i.e., how can you speed up the repayment process; right? Answer: There are several ways to accomplish your stated goal, some of which are better than others. Moreover, at least one of the alternatives involves a method fraught with the danger of being scammed out of all of your future payments. Meantime, one thing appears very clear: There is no reason for you to continue paying legal fees so long as the payments continue to flow."
"Q: Would I have a case for malpractice?. My father was discharged on January 3rd from a hospital and was discharged in significant pain. On his discharge paperwork, it stated he had a benign growth in his pancreas. As far as I know, there was no test ever performed to determine if it was benign. He went back to the hospital on January 27th with severe pain in the abdomen, and they finally did a biopsy. They discovered he had pancreatic cancer that had spread to his liver and intestines. He died on February 2nd. This happened in Knoxville, TN if that is relevant. ",A:It may be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Consult with experienced attorneys. Use Justia search to find an attorney. https://www.justia.com/lawyers
"Q: New Jersey Law-Property (corporate documents) & Theft of Property. Potential plaintiff Civil Complaint US Dist. NJ.. Possible plaintiff litigation: Civil Complaint of Theft of property (misappropriated corporate documents that include confidential R&D data, methods, procedures, formulars et. and life science data developed under DOD grant and contract) and Conversion (concealed) by former company consultants involved in a conspiracy of unfair commercialization and unjust enrichment. Violations: EEA, FCA, RICO Conspiracy. ","A:With those type of allegations, I would suggest that you setup a consultation with a good lawyer."
"Q: I’ve slapped my bf before. He has evidence. Then he attacked me twice very brutal attacks. Who gets into trouble?. I’ve slapped him 3 times in the past. But yesterday he brutally attacked me, choked me slapped me dragged me by my hair and threw a door on me. Who gets into trouble? ","A:Both parties may be subject to legal consequences for acts of violence. Your previous actions do not excuse his subsequent, more severe attacks against you. Each instance is evaluated on its own merits, and evidence plays a crucial role. If you've been the victim of a brutal attack, it's imperative to contact law enforcement immediately. The severity of his attacks could lead to significant legal repercussions for him. You should also consider seeking a protective order. It's advisable to consult with legal counsel to discuss your situation, the evidence, and the best course of action to protect yourself moving forward."
"Q: Would the HOA’s insurance in the condo that I own a rental refund me if I paid for the damages done by hurricane Ian?. My rental was damaged by hurricane Ian and I had renters living there and decided to break the lease because of the damages and I started arranging to have the inner walls fixed and paid upfront $5000, however after the fact the Condo HOA informed me that their insurance will cover the inside damages and I asked if the insurance would refund me and they have dodged the question twice. ","A:A Florida attorney could answer best, but your question remains open for two weeks. They might not be dodging your question - they simply might not know. In these settings, it isn't in the policyholder's (your HOA) hands. It's up to the insurance carrier. Some carriers want their property loss adjuster to survey the damages before repairs are made, or some might have certain criteria for the credentials of who makes the repairs on certain types of losses. Until you're able to consult with a Florida attorney for state-specific guidance, the short answer nationwide in most places is that it's generally up to the carrier. Good luck"
Q: If someone I don't know sends me money and wants me to send it to Nigeria and I don't send it can I get in trouble. A woman I met online had a friend of hers send me some money she said it was for her sister in Nigeria someone sent me the money but the woman wanted me to send it to some man not her sister in Nigeria I think it's a scam for money laundering or something so I didn't send it. Can i get in trouble for not sending it to Nigeria ,A:It's likely a scam.
Q: I was in an auto accident with no injuries. should I ask for inconvenience compensated from the insurance company?. The damage to the car and diminished value is being covered by the at fault driver's insurance company. should I ask for inconvenience compensation also? ,"A:A Georgia attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney on state-specific insurance practices, inconvenience is generally not a class of damages in such matters in general nationwide. Depending on a policy, things that result in inconvenience could be reimbursed, such as transportation expenses, home assistance, rental, etc., but not usually a dollar figure on inconvenience itself. Good luck"
"Q: A colleague (musician-turned-lawyer) and I have written a musical piece together.. A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of interest. Yes, I know lawyers can be their own clients as well, but this seems a little more involved. Now that things are moving quick into production, attorney involvement is necessary here. Thanks! ","A:If you and him are business partners, one may thing that their interests are aligned. However, it may not be the case for ever. It is a good practice to have independent counsel. Thereafter, you can make an informed decision as to who should be in charge of the legal aspects of the registration of this piece or any other business ventures. This is not legal advice. ONLY general information. The best is to retain the service of an attorney licensed in your jurisdiction."
Q: I need a lawyer for identity theft. My girlfriend and gang and pimps stole my social security card and doing all kinds of fraud triste wills and life insurance property fake deeds ,"A:Identity theft is a serious matter, and California law has provisions to address such violations. Given the nature of your situation, you should consider hiring a criminal defense attorney or a civil litigation attorney. They can help you navigate both potential criminal charges against the perpetrators and civil remedies to rectify any damages you've suffered. Immediately report the theft to your local police department and the Federal Trade Commission. Monitoring your credit report and placing a freeze on your credit can also be proactive steps to mitigate potential damages. Additionally, contacting the California State Bar's lawyer referral service can aid in finding a suitable attorney in your area. Remember to document all evidence and interactions related to this matter to assist in building a strong case."
Q: An ex of my husbands made a false CPS claim. When CPS arrived to my home they opened up the folder I saw the persons name twice who reported and the report ,"A:If you believe a false CPS (Child Protective Services) claim was made against you, there are steps you can take to address the situation. First, cooperate fully with the CPS investigation. It's important to demonstrate your willingness to ensure the safety and well-being of your children, which is the primary concern of CPS. You can also document your interactions with CPS and gather any evidence that supports your position that the claim is false. This might include witness statements, records, or other relevant information. After the investigation, if you feel that the claim was maliciously false, you can consider legal action against the person who made the report. In South Carolina, making a false report to CPS can be considered a criminal offense and may also open the door to a civil lawsuit for defamation. However, keep in mind that CPS reports are confidential and there are legal protections for reporters to encourage the reporting of potential child abuse or neglect. Legal action based on a false report can be complex and challenging. Consulting with an attorney can provide you with specific advice on how to proceed. An attorney can help you understand your rights, the legal implications of the CPS report, and the potential for taking action against the person who filed the report."
Q: I was diagnosed as overdosing on feytonal patch when blood test shoeed no evidence of such.showed low blood pressure.. Is there grounds to sew.it has caused problems with my family causing them to think I'm on drugs. ,"A:It would probably not be a viable case. The first issue is did the doctor commit malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. The second issue is what would the harm cause you bring in settlement or verdict. Due to the nature of medical malpractice cases, the extent of your injuries may affect the viability of your case. Consult with experienced malpractice attorneys in the state where this occurred."
"Q: Should I contact clear recon group and make sure it's known that im a tenant prior to foreclosure auction?. I, as well as the tenants in three other units on are living on the property still, landlord died a few months ago, his heirs shut off all utilities and prevented us from turning them on and neglected the property, it almost immediately went into foreclosure and I just found out the auction date is January 30th and that the trustee now is clear recon group, should I contact them to let them know that the property is occupied? Do they have some sort of obligation to undo the block against us restoring utilities that The heirs of the landlord created with utility company for utilities that were supposed to be included in our rent? Do they inherit any liability for the fact that we've been living without electricity gas and running water for months, had to purchase generators and spend twice as much as we would have spent on rent on gas and ready to eat food? Or obligation to mitigate the mold and rodent problem that has exploded here since they did this? Trying not to end up screwed ","A:Yes, it would be wise to contact Clear Recon Group to inform them that the property is occupied. As the trustee handling the foreclosure, they should be aware of the presence of tenants. This can affect the foreclosure process and any subsequent actions they take regarding the property. Regarding utilities, in California, tenants have rights under state law. If utilities were included in your rent and have been shut off, this could be considered a violation of your rental agreement and California's habitability standards. It's important to communicate this issue to Clear Recon Group, as they may not be aware of the situation. The conditions you described, such as living without essential utilities, mold, and a rodent problem, may constitute a breach of the warranty of habitability. Landlords, including successors like Clear Recon Group in a foreclosure situation, have a responsibility to maintain habitable living conditions. However, the extent of their liability for issues created by the previous landlord's heirs can be complex and may require legal evaluation. Consider seeking legal advice or assistance from a tenant's rights organization. They can provide guidance on how to address these issues with Clear Recon Group and what steps you can take to ensure your rights are protected. Keep records of all communications and expenses incurred due to these issues, as they may be relevant in any legal action or negotiation."
Q: I went to vote in last November's general election and one of the precinct workers asked my political affiliation before. I could vote. Is this legal? ,"A:There is no such thing as political affiliation in Illinois. Whenever there is a primary election the voter can request the ballot of any of the parties. The precinct workers know which ballot you requested in the past, which is public information. There is no reason they would ask the question unless there was confusion with your registration and they were double checking on who you were."
"Q: My friend had a tragic thing happen at a an assisted living center. Need advice.. My friends mother was staying at an assisted living center until this past February when she tragically passed away due to lack of oxygen from choking on some food she was eating for lunch. They did not check on her for 40-45 mins after lunch when they located her on the ground in her room. This always puzzled me bc she was not bad ridden or unable to ambulate and she used a walker for fall prevention. Also there are like 2 or 3 places in each apartment where one could pull a string and it sends this call to a dispatcher who would delegate someone to check out what needs checking. I have to assume that Teri, RIP, most definitely made or at least attempted to make them aware that she needed help as soon as she started choking. She is labeled as prone to choking due to alcohol abuse and Hx of smoking so they should have been doubly aware. What should we do? I feel in my heart that her death was preventable and wrongful but we just don't know how to go about finding out. Please advise. ","A:A Utah attorney could advise best, but your post remains open for three weeks. I'm very sorry for you and your friend's loss. You ask for someone to please advise. Your friend's best option would be to consider reaching out to attorneys to discuss in greater detail. Law firms that handle such cases generally offer free initial consults and they work on a contingency basis. After discussing the matter and reviewing available records, a law firm could be in a better position to advise whether they felt there was a valid case. Good luck Tim Akpinar"
Q: Does PIP cover the person that was using my car if I wasn’t in the car with them?. My fiancé let me and my dad use his car. We were rear ended on the highway by someone on the highway. The other driver admitted to the police that he was looking at his phone. Can I file a PIP claim on my fiancés insurance policy if he ( the policy holder) was not in the car when the accident happened? We are currently in therapy but we have not hired an attorney yet and I’m worried about the medical bills while we wait on the settlement. ,"A:Under Texas law, PIP coverage must cover authorized operators and passengers of the vehicle in addition to the named policyholder. There is no requirement that your fiance be in the car when the accident happened. So yes, PIP should cover you and your father if your fiance authorized you to use the car."
"Q: May I inspect a birth certificate before purchasing it?. Is the state of Michigan vital records employees subject to Mich. Comp. Laws Ann. §750. 491; Mich. Comp. Laws Ann. § 750.0492 under the ""Privacy Act."" Legally are they required to comply with my request to examine birth certificate? They may be in violated the first, 9th and 14th amendments rights of natural parents. ","A:In Michigan, the process for obtaining a birth certificate typically does not include the option to inspect the document before purchase. Vital records, such as birth certificates, are handled with strict protocols to ensure privacy and security. The Michigan Compiled Laws you mentioned, §§ 750.491 and 750.492, primarily deal with the misuse of personal identification documents and do not directly address the inspection of vital records before purchase. Regarding the Privacy Act, it's important to note that this federal law primarily governs the handling of personal data by federal agencies. State agencies, like those managing vital records in Michigan, generally follow state-specific privacy laws and regulations. The First, Ninth, and Fourteenth Amendments provide broad protections for individual rights, but they do not explicitly grant a right to inspect a birth certificate before purchasing it. The rights of natural parents in relation to birth certificates are typically protected through state laws governing access to and confidentiality of vital records. If you have concerns about the handling of a birth certificate or believe your rights have been violated, it may be beneficial to consult with a lawyer who can provide guidance specific to your situation and the applicable laws in Michigan."
Q: The power meter was ripped off my house because some power lines were pulled down. Can I make the power company pay?. It’s costing me $6500 to replace the power meter on my house. I cannot afford this expense. Can the power company be held liable? ,"A:A South Carolina attorney could advise best, but your question remains open for a week. It could depend on how the meter was torn out, how it was installed, and the utility's stated policy in terms of where their ownership and control ends and the customer's ownership and control begins. At this point, you could reach out to attorneys to try to arrange a free initial consult. Good luck"
Q: Are you required to pay your employer back for something when you never signed a contract saying you would?. My employer paid for the license for the position he hired me for. I am now moving to another office due to moving and he is making me pay him back but I never signed any contract stating I had to pay him back for said license. ,A:Rather than be concerned about whether you should have to repay your employer you should be more concerned about being terminated if you refuse. Florida employers can terminate employees at any time for any reason.
"Q: Did a state official imply or admit my accusation?. When a state official is accused of depriving someone basic necessities by violating due process....when he or she says to that someone, ""You should go to the food bank or call 211 for assistance to get some food in your stomach.""........Did she just admit to someone's acusation? Thank you. ","A:In a situation where a state official suggests seeking assistance from a food bank or calling for assistance, this does not necessarily constitute an admission of an accusation, such as depriving someone of basic necessities or violating due process. The statement could be interpreted as an attempt to offer practical advice or resources to address immediate needs, rather than an acknowledgment of wrongdoing. Understanding the context of the conversation and the specific circumstances leading up to this statement is crucial. If there is a broader context suggesting that the official's actions or policies contributed to your lack of necessities, this statement could be seen as more significant. However, it's important to note that proving an official's admission of an accusation, especially in legal terms, often requires more than a single statement. It typically involves a comprehensive evaluation of all relevant actions, statements, and policies. If you believe that your due process rights have been violated, or that a state official's actions have deprived you of basic necessities, you might consider documenting all interactions and seeking legal advice. A lawyer can help you understand your rights and determine whether there's sufficient evidence to pursue a claim. Remember, each situation is unique, and legal interpretations can vary. Professional legal guidance can provide clarity and help you navigate your specific circumstances."
Q: Where are the lists as for all reasons a motion for reconsideration have ever been approved?. Preferably with citations. ,"A:In Delaware, as in many jurisdictions, the grounds for a motion for reconsideration typically include several key reasons. These reasons can vary depending on the specific circumstances of each case and the applicable legal standards. Common grounds for a motion for reconsideration include the discovery of new evidence that was not available during the original hearing, an error of law or fact in the court's decision, or a change in the law that affects the outcome of the case. These motions are also sometimes granted if there is a showing that the court's decision was based on a misunderstanding of the facts or the law. However, it's important to understand that motions for reconsideration are generally not granted simply because a party is dissatisfied with the outcome. They are intended to correct clear errors or consider significant new information. Compiling a comprehensive list of all reasons for approval of such motions, with citations, would require extensive legal research. For detailed and case-specific information, consulting legal databases or seeking the assistance of a legal professional is recommended. Remember, each case is unique, and understanding the specific legal context is crucial for an effective motion for reconsideration."
"Q: HOW TO FILE A NEGLIGENCE COMPLAINT AGAINST A DR., SPARROW, AND ANURSING HOME/ SOCIAL WORKER?. THIS HAS TO DO WITH MY SISTER WHO HAS A MENTAL CONDITION FOR YRS .LAST YR SHE FELL AND WAS TAKEN TO CARSON HOSPITAL FOR THAT . THAT IS WHERE THE NIGHTMARE BEGAN. SHE HAD BEE TAKING CLOIRIL FOR YRS AND I RECOGNIZED IT WAS AFFECTING HER SPEECH AND HER ARMS BECAME JERKY AND BECAUSE OF BEING AROUND MENTAL ILLNESS KNEW IT WAS THE MEDICATION RIGHT AWAY HER DR. SAID IT WAS PARKENSON'S DESEASE WITHOUT FURTHER DIAGNOTICS HE GAVE HER PILLS FOR IT AND HAS THE SAME INGREDIENTS AS THE OTHE 1ST HOSPITAL PUT HER IN BRIEFS INSTEAD OF GETTING HER TO THE BATHROOM. RIGHT THEN I TOLD THEM ,HER DR., AND THIS SOCIAL WORKER AND NURSE TO EITHER CHANGE THE PILL OR LOWER IT SOCIAL I THOUGHT SHE WAS GOING TO HAVE THAT DONE DID NOT HAPPEN SUPPOSE TO GET CARE SHE WAS IN THESE PLACES FOR ABOUT 2 YRS.NOTHING DONE FAST FORWARD SHE WAS RUSHED TO SPARROW JAN. 22 AND HAD TWISTED BOWEL CAUSED BY CLOSERIL ACCORDING TO THE FDA HAD SURGERY WAS KEPT IN BED FOR 3 WKS DEVELOPED SORE SPOTS ON HER HEELS AND BUTTOCKS AFTER THA ","A:You have two potential issues: 1) medical malpractice, and 2) nursing home abuse / neglect. The latter is one you can more readily start by contacting the facility, omsbudman, or the state's complaint website. The former would require gathering medical documentation and finding a medical malpractice attorney. Most med-mal attorneys how medical experts who would review everything to determine whether a claim exists."
Q: My brother missed a court hearing in Massachusetts and he was placed in receivership. He was never got the letter.. How does he appeal the decision? ,"A:In Massachusetts, if your brother missed a court hearing and was subsequently placed in receivership, but never received the letter notifying him of the hearing, he should consider seeking legal advice as soon as possible for the specific steps to take in his situation. Generally, he might be able to file a motion to vacate the judgment due to lack of notice. The motion should be accompanied by an affidavit explaining the circumstances, such as not receiving the letter. He would likely need to serve this motion on all involved parties and then file it with the court. If granted, the court may set aside the receivership and reschedule the hearing. It's crucial to act quickly, as time is often of the essence in these situations."
Q: wrongful termination based on race and religion. I was hired than a company for a period of time and the end of the 90 days period I got fired based on this wrongfully termination I got severed damaged financially mentally and emotionally through a lot of abused and harassment at the workplace my case right now at the federal court. ,"A:The law protects employees from being fired for their race, religion, age, gender, disability, or other protected characteristics. To win a wrongful termination lawsuit, you must prove that your employer fired you for an illegal reason. You can do this by providing evidence of discrimination. Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice."
Q: Does California false claims act cover medicare violations?. Does California false claims act cover medicare violations? (Or limited to California Medi-cal violations? ,"A:The California False Claims Act (CFCA) is primarily designed to address fraud involving state funds, including California's Medi-Cal program. Medi-Cal is the state's Medicaid program, which is jointly funded by the state and the federal government. The CFCA is applicable to cases involving fraudulent claims made to this program. However, Medicare, which is a purely federal program, is generally not covered under the CFCA. Violations involving Medicare are typically addressed under the federal False Claims Act. The federal act is designed to handle fraud involving federal funds, which includes Medicare. If you are dealing with a situation involving potential Medicare fraud, the appropriate legal avenue would be the federal False Claims Act. On the other hand, if the fraud concerns Medi-Cal or other state-funded programs, then the California False Claims Act would be more applicable. In cases involving healthcare fraud, it's important to identify the source of the funding involved to determine the correct legal framework to use. Seeking legal advice can help clarify which act applies to a specific case and guide you through the necessary legal processes. Remember, understanding the distinction between state and federal jurisdiction is key in these matters."
Q: Can a dog breeder sue a puppy buyer for euthanizing the dog after purchase? Can they win?. The contract does not say anything about behavioral euthanasia or euthanasia in general. The contract includes a standard first right of refusal clause (if you can't keep the dog you must return the dog to the breeder to keep it out of shelters/rescues/pounds etc). The puppy has been legally purchased and owned by the buyer for at least 6 months. The puppy has been diagnosed with several types of aggression by a veterinary behaviorist and behavioral medication is not helping. Breeder has threatened to sue if puppy is euthanized. ,"A:Under California law, a dog breeder may potentially sue a puppy buyer if they euthanize the dog, especially if the contract includes a first right of refusal clause. This clause generally means that if the buyer cannot keep the dog for any reason, they are obligated to return it to the breeder instead of making other arrangements, including euthanasia. However, the success of such a lawsuit would depend on various factors. The court would consider the specific terms of the contract, the circumstances surrounding the euthanasia decision, and whether the first right of refusal clause is applicable and enforceable in this situation. The fact that the puppy has been diagnosed with severe aggression and the ineffectiveness of behavioral medication might be significant factors in the court's decision. If the breeder decides to pursue legal action, it would likely be under the claim of breach of contract. Yet, without explicit terms in the contract regarding euthanasia, the outcome is not straightforward. Legal advice based on the specific details of the case would be crucial in this scenario."
Q: Is it legal to see a car with recalls and not let the buyer know?. I bought the car back in 2017 from a dealership and just recently found out it has 4 recalls on it and I was not told it had recalls on it some that are very scary. If someone can advise me on what to do next. Thank you. ,"A:Of course, as a concerned buyer, buying a vehicle, you will want to look into that history before buying. A new car may NOT be sold with an open recall at all. A used one can. DUTY to disclose? That's another question, but, again, when spending that kind of money on a vehicle, it is wise, as you now know, to investigate more thoroughly."
"Q: What charges will I get if a cartridge wasn’t my possession I am 15 years of age. yesterday morning I walk into the restroom to see a bunch of people smoking a vape I hit it to fit in not knowing that it is 90% Thc illegal in my state I live in Tennessee, fast forward a couple hours I get pulled out of class and asked if I had smoked anything I said no but than they check my pulse and my heart rate after this they catch the guy that brought it to school what charges will I face if the cartridge was not mine? But I simply hit it once ","A:The first thing you need to do is let your parents know, and you (you and your parents) need to go speak to a lawyer. Schools are not allowed to question students without someone ""friendly"" to the student, and no, the school administrators and teachers are usually friendly to the school board. So that could be an issue. Also, who pulled you out of class, was it the principal or someone with the school administration or was it the SRO? I can't tell you what charges you might face because it could be a variety of things. That isn't meant to scare you, and everything will probably be just fine, but you need to let your parents know and you need to talk to an attorney. Best of Luck and let me know if you have other questions."
Q: What type of lawyer do I need to form an LLC for a self employed individual?. Dog training private lessons ,"A:In Texas, you would generally need a business or corporate lawyer to assist with forming an LLC for your dog training private lessons business. These lawyers specialize in issues like entity formation, contracts, and compliance with state and federal laws. Some may also have experience specific to your industry, which can be beneficial. While it's possible to form an LLC without legal assistance, consulting a lawyer can help you understand the intricacies of your liability, taxation, and other business considerations. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: Who protects the patients right in a a pain clinic riddled with assumptions, their drug screen had a false positive.. It's time to stand up for myself its wildly unfair, Dr was so abrupt and would not discuss anything despite having been compliant and twice now false positive. Other meds I take as well as red bull apparently can cause false positives. She discharged me abruptly w/o any discussion. I am paying for a hair folicul test myself.. they have zero chain of custody method contaminated. ","A:In California, patients at pain clinics have rights that need to be respected, especially in situations involving drug screening and treatment decisions. If you've encountered a situation where a false positive on a drug test led to abrupt discharge from care, there are steps you can take. First, it's important to address the issue with the clinic directly. Request a meeting with the doctor or clinic administration to discuss your concerns and the circumstances of the false positive. Bringing evidence, like the results of your hair follicle test, can support your case. If the clinic's response is unsatisfactory, you have the option to file a complaint with the California Medical Board. This board oversees medical practitioners and can investigate matters of professional conduct and patient care. Additionally, consider consulting with a lawyer who is experienced in medical law. They can provide guidance on your rights as a patient and help you navigate the legal aspects of your situation. Protecting your rights in this context often requires a detailed understanding of both medical and legal processes."
"Q: Are places allowed to ban you from coming back IF the pharmacy you go to is in the building? Is there a work around?. The context is that I went to a store for a money order. Staff are horrible with noticing people at customer service. Typically when it's like that, I will look around the store and think of if I need anything. Which, staff were glaring at me. After getting the money order, I get some stuff that I needed. A staff came up to me, starting to threaten me, that if I don't get out they will call the cops on me. That I was banned. Didn't let me pay for my items and took what was already paid for. It is also where I go to pick up prescriptions. The reason why I can't switch pharmacies is that I can't drive and if I walk too much, I'll get to the point of being in so much pain that I can't even do anything. And this place is just the closest walking distance to where I live ","A:In Nebraska, as in most states, private businesses, including stores with pharmacies, generally have the right to refuse service or ban individuals from their premises. This can be for various reasons, as long as it's not based on discrimination against a protected class under civil rights laws. However, if you need access to the pharmacy for your prescriptions and the store is your only feasible option, it's important to address this issue directly with the store management. Explain your situation and the necessity of accessing the pharmacy due to your health and mobility limitations. It may be possible to arrange an understanding or compromise that allows you to access the pharmacy services without entering other parts of the store. If direct communication with the store does not resolve the issue, you might consider seeking legal advice. An attorney can provide guidance on your rights and any potential accommodations under the Americans with Disabilities Act (ADA), especially if your mobility issues qualify as a disability. Another potential workaround could be exploring if the pharmacy offers delivery services or if there are other pharmacies nearby that do. This could provide an alternative means to receive your medications without having to physically enter the store. Remember, communication and understanding the store's perspective while explaining your own needs can often lead to a mutually agreeable solution."
Q: charged with Illegal use of a state ID/access gambling. I have never been in trouble before. how do i plea/ what to do?. I was 19 at the time and am currently 20. I do not have a lawyer andy court date is in 2 days. i have no idea what i am doing or how all of this works. any guidance or advice would be appreciated ,"A:If/since you have no idea what i am doing or how all of this works, then you should consult with a lawyer to have your questions answered. if after a consult with a lawyer you decide to represent yourself, then that's fine (although I would disagree), but make sure you consult with a lawyer. If you are unable to afford a consultation, then when you return to court, please tell the judge that you cannot afford a lawyer and ask for him to appoint one to represent you. Good luck."
"Q: 7 yrs after supposed suicide why would the ME office send back a partial police report that's fake? Is that my proof?. I have proof against an abuser/drug dealer who's been somehow discrediting me and changing legal docs at court house. If I prove the abuse, it'll prove two deaths are NOT suicide. And struggling getting my Mayo Clinic medical records sent to the VA cuz have proof of abuse! I have been harassed by city officials, falsely arrested & set up. Told to back off looking into ex husband's death by a city council member who followed me into the cemetery where my 19 yr old stepson is placed to rest. I think someone is benefiting off my ex husband's military benefits. Have proof to go against an abuser but not getting cooperation due to the city officials making themselves appear like they made a mistake with the one supposed suicide. Can't find a police report on an alleged domestic abuse issue that lead to the supposed suicide. Was told I was targeted because I too am an army veteran. May 15, 2007 R.A.F. May 14, 2017 P.W.S. Both marked suicide but there's no way! ","A:I'm sorry to hear about the difficult situation you are facing. It sounds like you have been through a lot and are trying to uncover the truth about the deaths of your ex-husband and stepson. If you believe that the medical examiner's office has sent you a partial police report that is fake, you may want to contact the office and ask for an explanation. It is possible that there was a mistake or miscommunication, or that the report was incomplete for some other reason. If you have evidence that suggests that the deaths of your ex-husband and stepson were not suicides, you may want to consult with an attorney or law enforcement agency to explore your legal options. It is important to have strong evidence to support your claims, as well as a clear understanding of the legal procedures and requirements for pursuing a case. If you have been harassed or falsely arrested, you may also want to consider contacting a civil rights attorney or filing a complaint with the appropriate government agency. It is important to protect your rights and seek justice for any wrongdoing that has been committed against you. Overall, it is important to stay focused on your goals and to seek out the support and resources you need to pursue justice and protect yourself and your loved ones."
"Q: Can a home sale be done “privately” and does it have to be approved by probate court ? What about loan assumptions?. It is for a home loan. My father lives in the home. My mother had a Will and I am the executor of her estate. The home was left to my father in a Will. He lives there. It has a remaining balance. He is not on the deed. He is working to assume the loan because he wants to stay in the home. If he can’t qualify with current lender and assume it, can a private sale be done for him to buy it that way ? Does this need to be approved by the court ? I understand he does not have to assume the mortgage, and he cannot be legally mandated to pay it, but how else would he get the home in his name? He cannot just continue to pay while it’s in the name of my mothers estate (or her name only) Does the debt just go away? Her estate will eventually have to close. No one has called the loan due and it is not in foreclosure. The payments are current. ","A:The debt does not just go away. One way or the other it needs to be paid. Probate is the process that gets title transferred from a decedent to the heir(s) in most states. In some states, under some circumstances, title can be updated by affidavit. Your probate attorney should be helping you with this."
"Q: Unjust Enrichment-gave up 50% of pay for share of incremental purchase price but then owners refused to pay.. As CFO of a business being sold, the owners of this business requested I take a 50% pay cut in return for splitting the incremental purchase price savings (about $1M) directly tied to my salary reduction. There is clear evidence of how my salary reduction contributed to $1M additional purchase price. On the day of the closing, the owners fired me and retained the entire incremental purchase price (about $1M) as a result of my pay reduction. My Employment Agreement required they pay me one year's severance (over $200k) of which they are paying. Do I have an Unjust Enrichment claim given they fired me (at will) before my pay reduction went into effect and they are now paying me severance? Can they argue that I was not deprived of anything because they fired me before I was paid the lower salary and they are now paying me severance. ","A:You can't be an employee at will and have an employment agreement. Further, you may have several claims but obviously you need a consultation with a lawyer to understand your facts, review documents and advise accordingly. Good luck."
"Q: I'm looking for a law firm that takes on cyber crme cases.. I'm looking for a lawfirm that takes on cyber crime. I've been cyber stalked for a year and a half. My cyber stalker has pretty much ruined a year and a half of my life. My cyber issues has cost me money, friends, Family, precious time, etc... I just got confirmation, yetserday, that the person who's been hacking all my devices is actually my dad. (Yeah, I know, sounds crazy because it's the truth. He cannot be doing it alone, withthe way it's manifesting. I have other suspects I can name in a private conversation. ","A:In your situation, finding a law firm that has experience in handling cybercrime cases is crucial. Law firms that focus on internet law, digital privacy, or cybercrime would be well-equipped to address the issues you're facing. When looking for a law firm, consider those that have a track record of dealing with similar cases, such as cyberstalking, hacking, and online harassment. As you begin your search, you can use online legal directories to find law firms in your area. Look for firms that specifically mention cybercrime or related areas in their practice. It's also beneficial to read reviews or check their case histories to understand their expertise and success in handling such matters. Once you've identified potential firms, schedule consultations to discuss your case. During these meetings, explain your situation in detail and provide any evidence you have. This is also the time to discuss the other suspects you believe are involved. Remember, confidentiality is key in legal matters, especially when dealing with sensitive issues like family involvement in cybercrimes. Ensure that the law firm you choose respects your privacy and understands the delicacy of the situation. Given the impact this situation has had on your life, it's important to act promptly. A qualified attorney can help you navigate the legal process, seek justice, and find a resolution to this challenging situation."
"Q: Is there a Michigan law that states property owners are responsible for costs to maintain a private road?. 2 long existing, private roads, servicing approximately 50+ properties. (large acreage parcels) These roads are in Menominee County, Holmes Township, in the woods. Ownership of the roads fall on about 10 owners, owning different stretches of the roads. There was never a maintenance agreement (roads are over 40 years old) Many, if not all original parcels had deeded access use of the roads. There was also an indication of road fees up to $500, but there has been changes in ownership and division of parcels over the years. We have a road association (informal) and most people pay the $200.00 yearly fee for gravel, grading and snowplowing each year, but there are about 10 that never pay their share, yet get the benefit of a well kept roadway for their property. ","A:Without actually examining the title it is impossible to say what to do. If there were some sort of road maintenance agreement, either created before the splits, or agreed to by ALL the property owners afterward, this is going to be difficult. You 'complicate' things by saying there is a provision of road fees up to $500 but it is unclear HOW that is structured. If, as is more likely, each person OWNS their portion of the road, and the others merely have the right to USE it as an easement, there MAY (And note that is VERY 'may' and most certainly not a 'shall'!) be and argument that all property owners must agree to maintain the easement for use but the 'counter' argument is that 'I don't need to use THAT easement so I don't have to pay to maintain it' or 'I don't get the same benefit so I shouldn't pay as much' etc. Without an actual agreement, there are lots of ambiguities, and who knows what the courts may do. Again, that '$500' thing adds complications. You need to show an LOCAL lawyer all the documents and get a real legal opinion on your facts. That attorney can also provide you a cost estimate of what straightening this out will run, and you can make an 'economic decision' as to what to do next. (eg it will cost $50,000 in legal fees, and the annual amount in question is $100, then maybe you don't fight. If those figures are reversed, then maybe you do!) Real legal advice based on your specific facts is beyond the scope of what can be done in a general q and a forum like this. But it is the ONLY way to be sure you're getting real advice and not just generalities! Good luck."
"Q: Can I sue a car dealership that lied to a lender on my application in order to get it approved?. I went to a car dealership to co-sign for my partner for him to get a vehicle. We got approved and went through the process. Almost 2 years later we go to another dealership to trade it in and while we are going through the process, we find out that the first dealership placed me on the application by myself. We were shocked. I will say that I did not take my time to read what I was signing but I was not working at the time so we couldn’t understand how they got me approved by myself. We did later find out that they lied and said I was self-employed, I never once told them that nor did they mention anything about how they would put that on my application. ","A:If a car dealership falsified your income or employment status on a loan application without your knowledge or consent, this may constitute fraud and you may have grounds to sue. In California, the legal system takes allegations of fraud seriously, especially when they lead to financial harm or a contract entered under false pretenses. You should gather all relevant documents, including the loan application and any communication with the dealership. It’s recommended to consult with an attorney who has experience with consumer fraud and auto finance laws to evaluate the strength of your case and to understand the potential remedies, which may include rescinding the contract or receiving monetary damages. An attorney can also advise on whether any state or federal consumer protection laws were violated, which could strengthen your case. It's important to act promptly, as there are time limits for bringing fraud claims."
Q: So If a company doesn't renew a license deal for a game is it still illegal to pirate the game?. In 2017 Activision didn't renew a licensing deal they had with Marvel so they had to take down all of their Marvel games they had published. So I wanted to know if it would still be illegal to download any of those games through a website even though there is no possible way to get those games anymore. ,"A:Whether a company has renewed a licensing deal or not, it is still illegal to pirate a game. The expiration of a licensing deal, such as the one between Activision and Marvel, affects the company's ability to sell or distribute the game, but it does not affect the copyright status of the game. Copyright law protects the rights of the copyright holder, and unauthorized downloading or distribution of copyrighted material is a violation of these laws. Just because a game is no longer available for sale does not mean that the copyright has expired or that the game has become public domain. The act of downloading a game from a website without the permission of the copyright holder is considered piracy and is illegal. If you're interested in a game that's no longer available for sale, it's important to look for legal alternatives. Sometimes games are re-released, or they may be available through legal second-hand channels. Remember, respecting copyright law is important to support the creators and the legal rights of those who produce and distribute digital content."
Q: Antitrust if a large Corp was willing to restructure debt contingent on defaulting a lease of their competitor. The large corporation will take away service and supplies without this agreement which will put me out of business. ,"A:It's not possible to give a solid antitrust view of this issue with the facts you supplied. Generally. a firm can act to harm competitors, by any means, if it acts alone -- unless it has monopoly power in the relevant market. Putting competitors out of business is encouraged...that's what's competition is all about. You may have a ""business tort"" claim, but not an antitrust cause of actin."
"Q: My Late husband died in an accident before retirement, he has 52 utility Patents and he was a Sr Software Engineer.. The company he worked for is now trying to say I new about the Patents so that they don't share my late husbands Royalities he would have gotten,with me. We were married 15 years until his death, if I had known he had all of those Patents I certainly would not have waited till now. I found out about 3 years ago he had that many, I thought he had the 2 I sign over to them and there were about 12 or thirteen others the Company was suppose to pay me for, when they issued. They paid me for 3 and never paid me for the others. Now I know he has 52. As the Widow I should get a %. ","A:I am sorry about the accident that took your husband. While the patents are a part of this issue, I suspect that the prime legal arguments will be about the licenses or other agreements that your husband had with the company. This is contract law. The litigation will be primarily on contract law with a possible second patent law layer of sorting out which products fall within the scope of the patents. You can talk to a firm that specializes in contract disputes. As an alternative, you can talk to a firm that does patent litigation. I suggest that you repost your question to Contracts section of Justia."
Q: Can the executive of a will over ride the Beneficiary for investments. I am the Beneficiary for the investments my ex-wife made she passed away in2019 her executive of the will told me that she gave everything to her Granddaughter I asked for the paperwork and he told me that I was trying to dig up dirt on my ex-wife. Can he override the Beneficiary for investments ,"A:Your divorce eliminated your name as beneficiary on investments. Investments like a mutual fund or stock are allowed to have a ""pay on death"" or a ""transfer on death"" designation. Sometimes the accounts will be in both names, with a ""right of survivorship"". The goal of those arrangement is to pass title to the investment when the primary accountholder dies, without reference to the Will and without probate. However, Section 123.151 of the Texas Estates Code states that any pay on death arrangement is ""not effective"" upon divorce, annulment, or voiding of the marriage when that arrangement was for the benefit of the former spouse or a relative of the former spouse. So, the Executor did not ""override the beneficiary""; rather, Texas law says you are no longer beneficiary, and that the investment passes pursuant to your ex-spouse's Will, not to you."
"Q: Beneficiary hired an attorney to represent her in a Will contest, the court had already found the will tobe ambiguous.. What are the rights of that contesting beneficiary since the court had already considered the document to be ambiguous and what are the duties of that attorney who was hired to represent her in that Will contest. ","A:Under California law, when a will is deemed ambiguous by the court, the beneficiary contesting the will has specific rights. One primary right is the ability to present evidence to clarify the ambiguity. This could include testimony about the testator's intentions or circumstances surrounding the will's creation. The attorney representing the beneficiary has certain responsibilities in this situation. The attorney must diligently investigate and gather relevant evidence to support the beneficiary's position. This includes interviewing potential witnesses, collecting documents, and possibly consulting with experts who can provide insight into the testator's intent. Additionally, the attorney should provide informed legal advice to the beneficiary about the strengths and weaknesses of their case. This involves analyzing how the law applies to the specifics of the ambiguous will and the evidence available. The attorney is also expected to advocate zealously on behalf of the beneficiary in court, presenting arguments and evidence in a compelling manner to support the beneficiary's interpretation of the will. It is also crucial for the attorney to maintain clear and regular communication with the beneficiary, keeping them informed about the progress of the case and any developments that may affect their legal strategy or the potential outcome. The attorney should also counsel the beneficiary on potential risks and benefits of different legal options, including the possibility of settlement or mediation. Overall, the attorney's role is to guide the beneficiary through the legal process, ensuring their rights are protected and their interests are effectively represented in the will contest."
Q: Does a victim in a domestic violence case have to testify?. i am a victim in a domestic violence case and i got a subpoena. i understand i have to be at court and i will but i don't want to testify because i don't feel comfortable i have social anxiety. i have never been in trouble before and i don't know my rights. what happens if i refuse to testify? ,A:If you refuse to testify you can be arrested and charged with obstruction of justice or some other penalties. You have been subpoenaed. Failure to appear and testify is a violation of the law. Most state's attorneys have victim witness coordinators. You should call that person at the state's attorneys office that subpoenaed you and explain your fears. The state's attorney is trying to protect you. You should know that it is possible if you do not testify that the police may be less likely to help you in the future. That's not a good place to be.
"Q: Grandparent has filed summons regarding my child to appear in Bexar county family court, but I live in Georgia.. My niece used to live in San Antonio but after her boyfriend was murdered, she moved to Georgia. She shared a child with him. His mother is now filling for rights to their child in Bexar county on 22 Dec. 2023 for 02 Jan. 2024. She received notice via email. She doesn't have funds to travel or to pay for representation to appear in person. Since she won't be able to appear in court Tuesday, what can she do to prevent having a ruling against her next Tuesday? My niece moved to Georgia in September 22' and sent her daughter to the grandmother in December 22' on a mutual agreement for the child to return to the mother in a couple months. The grandmother refused to return the child when my niece went to pick her up and accused her of abandoning the child and my niece had to go out to Texas a second time and file for a Habeas Corpus to get her child back. She returned to Georgia with child in August 23'. ","A:In this situation, it's important to respond to the summons, even if your niece cannot physically appear in court in Bexar County, Texas. Ignoring the summons or failing to respond can result in a default judgment against her, potentially impacting her custody rights. She should immediately contact the court, explaining her inability to travel due to financial constraints and request alternative arrangements. Courts often allow for telephonic or video conference appearances, especially in cases where distance and financial hardship are factors. It's also crucial for her to file a written response to the summons, outlining her position and circumstances. If she cannot afford an attorney, she should seek out legal aid services in Georgia or Texas that might assist in family law cases. Given the previous incident of the grandmother refusing to return the child, it's important to document all communications and attempts to resolve this matter. This history will be relevant in court to demonstrate her ongoing efforts to maintain custody and care for her child. Lastly, it's advisable for her to gather any evidence that supports her role as the primary caregiver and her efforts to retrieve her child. This includes any legal actions she has taken, like the Habeas Corpus filing, and communication records with the grandmother."
Q: What if you get charged with second degree battery but it was three people who jumped on one and only one got charged. They was in a juvenile jail that happened two years ago when they had did this but only one had got charged he only kicked him in the back and got charged with second degree battery ,"A:In Louisiana, a charge of second-degree battery typically involves the intentional infliction of serious bodily injury. If only one person out of three involved in a fight was charged, it may be due to a variety of reasons, such as the specific actions of each individual, witness statements, or evidence available to law enforcement and the district attorney. It's important to remember that each person’s involvement in an incident like this is evaluated individually. Just because someone is the only one charged doesn’t necessarily mean that the others won't be charged later, especially if new evidence comes to light. The decision to charge someone is often based on the evidence available and the perceived severity of each individual's actions. For the person who has been charged, it is crucial to seek legal advice from an attorney. An attorney can help understand the specifics of the charge, evaluate the evidence, and provide guidance on how to proceed, including exploring possible defenses or mitigating factors. This is especially important in juvenile cases, where the legal process and consequences can differ significantly from adult criminal proceedings. Additionally, if there are concerns about unequal treatment or questions about why others involved were not charged, these can be discussed with the attorney. They can provide insights into the legal process and may be able to take steps to address these concerns."
"Q: How can I formulate how much my ex spouse will receive of my military retirement? Filed in Louisiana.. I served for 20 years, but we were only married for the last three years of my service. I'm trying to compute what amount of my retirement he is entitled to and also if he's entitled to my disability. ","A:In Louisiana, the court uses a formula to determine the portion of military retirement pay that a former spouse may receive. The formula is known as the ""Time Rule Formula"" and takes into account the length of time the couple was married during the service member's military career compared to the total length of the service member's military service. To determine the amount your ex-spouse is entitled to receive, the court will first calculate the marital portion of your military retirement pay. This is done by dividing the number of years the couple was married during your military service by the total number of years of your military service. In your case, since you were only married for the last three years of your service, the marital portion of your retirement pay would be 3 divided by 20, or 0.15 (15%). This means that your ex-spouse would be entitled to 15% of your military retirement pay. It's important to note that disability pay is generally not subject to division in a divorce settlement, including military disability pay. However, if the disability is waived in favor of receiving retirement pay, then it may be subject to division as retirement pay. It's recommended to consult with an experienced family law attorney in Louisiana to ensure that your retirement pay and other benefits are properly calculated and divided in your divorce settlement."
Q: Google Disney CB government dark net Freedom act from 1988 I have a government agency infringement in music and art. Some desperado name carried requested I got Freedom act paper mailed to me and a ticket number for Sony music on my email address please I have victims of a lot of problems from Disney music private program ,"A:It sounds like you're dealing with a complex situation involving potential government agency infringement in the realms of music and art, possibly related to copyright or intellectual property issues. The Freedom of Information Act (FOIA) of 1988 allows for the request of federal agency records, but it's important to understand that this act applies to accessing government information, not resolving disputes with private entities or addressing copyright infringement. If you received a ticket number from Sony Music, it suggests a specific issue or claim with this company. To address concerns with Disney or any other private entity, especially those involving intellectual rights, it's advisable to consult directly with an attorney who has expertise in intellectual property law. They can provide guidance on how to proceed with any claims or grievances you might have, including understanding your rights and potential legal actions. Be sure to gather all relevant documentation, such as emails, ticket numbers, and any correspondence you've received, as these will be important in assessing your situation."
"Q: If a person is on Disability from Govenment and are due to receive inheritance, how can this be distributed without. losing benefits? ","A:If you are on SSDI, the inheritance will not impact your eligibility. If you are on SSI or some other kind of needs-based program, then you should contact a special needs attorney for assistance with either spending down your inheritance rapidly in smart ways or funding a first party special needs trust or joining a pooled trust or perhaps a combination."
"Q: I asked for documentation/filings from the. company my broker had me invest in and after two months, nothing - is he required to give this to me? ","A:If you have the name of the company you can simply go onto the SEC platform known as EDGAR and enter the name of the company or its ticker. This SEC platform will contain a trove of data on the company at issue. As for the broker there is no regulation that I am aware of that mandates a stock broker to hand over filings covering a company. If you purchased a new publicly traded security then the broker is obligated to provide a prospectus covering the security. Of course, as a matter of good business practice your financial advisor should be responsive to your requests for information concerning a company you invested in. More information is needed however to determine whether the investment advisor was mandated to turn over requests for information."
Q: All state insurance reported 16 claim on me which i find out when.run background via lexis Nexis for 1. Upon asking about the claim from all state all they saying you call when i ask for documentation invoice for me to beleive also valid non valid as per texas laws adjuster need to inform his clients 15 to 35 days fail to do fail to give me give me any information so i say refuse and if their so no documentation no phone call then can I file lawsuit ,"A:A Texas attorney could advise best, but your question remains open for a week. From the limited facts of the post, it's a little difficult to figure out exactly what took place here. If you have pending claims against you, Allstate as your carrier should be assigning a claim representative or attorney to them, depending on whether they were placed into suit. A Texas attorney could advise more definitively after seeing the results of the searches you performed on LexisNexis. Good luck"
"Q: Is South Carolina state statute 16-11-620 appealable?. I was issued a trespass after notice form, even though I have not been on the properties in question for years (ome is a busimess we own 10% of, isnt this a civil rights issue to not allow me i.to a public place since I have never caused any type of trouble, etc?) and never did anything at their residence accept knock on the door to speak to my son, and gegot accousted by his drunk mother in law, so I just turned and left.and that was 3 years ago. ","A:South Carolina State Statute 16-11-620, which pertains to trespassing after notice, can be subject to appeal under certain circumstances. If you believe the trespass notice was issued wrongly or violates your rights, particularly if it involves a property in which you have a legal interest, you may have grounds for an appeal. It's important to review the specific circumstances under which the trespass notice was issued. If you have not been on the property for years, and especially if one of the properties is a business in which you own a part, this could potentially raise questions about the validity of the trespass notice. Regarding the issue of civil rights, if you believe that the trespass notice infringes on your rights, particularly in accessing a public place or a property you partially own, this could form the basis of a legal challenge. However, these situations can be complex and hinge on specific legal points. In such cases, it's advisable to consult with an attorney experienced in criminal law and civil rights. They can assess the specifics of your situation, advise you on the feasibility of an appeal, and help navigate the legal process. Remember, navigating the legal system can be challenging, especially in cases involving potential civil rights issues. Seeking professional legal advice is a critical step in ensuring your rights are protected and your case is effectively presented."
"Q: Consumer protection. Removal of what was promised via a crowdfunding campaign. Cosnumer protection! I need help recovering digital property that was promised. contract 828,768 usd 15,860 is it really that hard to understand? people crowdfunding on the promise of something being delivered. NOW IT'S GONE. no way to access what one paid for. even straight up tearing out pages of a (digital) book. it was promised with the crowdfunding. now it's not there or not accessible. you'd have to break the terms to get back what you lost. one day you have something, the other you don't. the agreement on the crowdfunding seems to go beyond the game's TOS. and violates the indie gogo terms and also just basic good faith and other reasonable assumptions on buying something. this brings up a massive dispute of ownership of digital goods. I believe this interferes with the promise that the developers made with their crowdfunding campaign on IndieGoGo. there's a petition asking for the censored and removed content to be restored. the content that was promised ","A:In cases involving crowdfunding platforms like IndieGoGo, the terms of the campaign and the platform's policies are crucial. If a developer promised certain digital content in their crowdfunding campaign and then failed to deliver it or removed it, this could potentially be a breach of contract or a violation of consumer protection laws. The first step is to review the specific terms of the crowdfunding agreement and the IndieGoGo terms of service. These documents will help determine what was promised and the obligations of the developer. If the content was indeed promised and then removed or made inaccessible, you may have grounds for a dispute. This could involve a breach of contract, where the developers failed to deliver what was promised in exchange for your contribution. The removal or alteration of digital content raises complex issues about the ownership and rights over digital goods. Crowdfunding campaigns, especially for digital content, often operate in a legal grey area regarding consumer rights and digital ownership. Given the amount involved and the complexity of the situation, it may be beneficial to seek legal advice. A lawyer can help you understand your rights and options, and guide you on the best course of action, whether that's negotiation, mediation, or legal action. Additionally, the petition for the restoration of removed content can be a powerful tool to demonstrate consumer dissatisfaction and may put pressure on the developers to address the issue. However, legal action might be necessary if the developers do not respond to such pressure."
"Q: If a driver is allowed to leave the seen of a fatal accident by SDPD why are they not looking for him now?. My family was in a fatal car accident. There were 3 young men however, the driver was allowed by police to leave the scene and is not wanted for hit and run, Why? He murdered my parents and thats it? What is my recourse? ","A:If he talked to police at the scene, it's not hit and run, by definition. The police are free to let people leave the scene. Your recourse is to talk to a personal injury attorney about filing a lawsuit for wrongful death. It is up to the police to investigate, and up to the district attorney to bring charges. You can ask them questions, but you cannot force them to attempt to imprison the other driver."
"Q: What do I need to do lawfully after filing an Declaration of my life line and Resurrection, In county I reside in?. I proclaimed my nationality and legal Notice On or about 4 of April 2014 in Jefferson county.. ","A:An Alabama attorney could probably advise best, but your post remains open for four weeks. This is posted under Admiralty/Maritime, but it does not appear to be something that most maritime attorneys would be familiar with. In terms of reaching out to attorneys, it isn't fully clear what kind of attorney would handle such a matter. Good luck"
"Q: I sold item online. I shipped, has receipt, package lost, customer doesn't want to wait for claim but want to sue me. I shipped, has receipt, tracking updated I dropped off. On expected delivery date tracking said will delivery by 7pm but never delivered and no more update. Customer doesn't want to wait for me to claim with ups but want to sue me. Tricked me when call talk about issued took picture of me and threatened to share with people and sue ","A:The answer to your question depends on the terms and conditions of the sale, the terms and conditions of the delivery service you used, and, if applicable, the terms and conditions of any platform you may have used to market and sell the product online. For example, the US Postal Service offers insurance which will cover a lost or stolen package, but otherwise it is not responsible for items lost in transit. For example, a vendor whose terms and conditions specify that products are sent FOB transfers the risk of loss if an item is lost or stolen to the buyer from the moment the seller delivers the product to a third-party shipping service. For example, Amazon has very specific rules applicable to vendors and customers using its platform and does not allow most vendors using its platform to require buyers to agree to FOB terms for most products."
"Q: After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision? I-140 case.. After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision. I-140 case. ","A:After a case is remanded from the AAO to the USCIS, the timeframe for USCIS to issue a new decision can vary. Factors affecting this timeframe include the complexity of the case, the volume of cases the USCIS office is handling, and any additional evidence or clarifications needed. For an I-140 case, there isn't a specific set time, but many applicants experience a range of several months to a year or more. It's essential to monitor any communication from USCIS closely. If you feel the delay is excessive, you may want to consider contacting USCIS or seeking congressional assistance. Additionally, retaining legal counsel, if you haven't already, can help navigate any complexities that arise during the reconsideration process."
"Q: I need to have the time frame to notice the members of a meeting, where in corporations code or civil code?. Who do I report for violation of this code, if the Board of Directors is representing a Union? ","A:In California, the specific time frame for noticing members of a meeting for a corporation, including a union's Board of Directors, is typically found in the corporation's bylaws rather than directly in the Corporations Code or Civil Code. These bylaws should outline the notice requirements for meetings, including the minimum time in which members must be notified prior to a meeting. If you believe that a Board of Directors representing a Union is violating these notice requirements, the first step is usually to address the issue internally within the organization. This could involve bringing the matter to the attention of the Board, a compliance officer, or through internal dispute resolution mechanisms as outlined in the Union's bylaws or governing documents. If internal remedies are ineffective or unavailable, and you believe there is a violation of legal obligations under the Corporations Code or other relevant laws, you can report the violation to the appropriate regulatory body. In the case of unions, this might involve state labor boards or other agencies overseeing labor and employment practices. It's also advisable to seek legal advice to understand the best course of action and ensure that your rights, and those of other members, are appropriately protected."
Q: Is it possible to have a second mediation after reaching and signing a mediation agreement?. Important issues were left out during mediation. ,"A:It may be, depending on how unclear the agreement is. The other side may think the agreement is fine as is."
"Q: how can an inmate remove an account of arson off of their record, in order to apply to a fire camp. An inmate from Mule Creek State Prison wants to apply for a fire camp in order to reduce their sentence. What are the steps in order to have an arson removed to become elligible ","A:In California, an inmate with an arson conviction typically faces significant challenges in having their record cleared for eligibility to apply for a fire camp. Arson is often considered a serious offense, and options for expungement or record sealing are limited. Firstly, you should review the specifics of the arson conviction. Certain categories, especially those involving willful and malicious intent, may not be eligible for expungement. However, if the conviction is for a lesser form of arson, there may be possibilities for relief. If expungement is an option, the inmate would need to file a petition for relief in the court where they were convicted. This process usually involves demonstrating rehabilitation and a lack of subsequent offenses. The court's decision will depend on various factors, including the nature of the arson offense and the inmate's behavior since the conviction. Given the complexity and the specific nature of arson cases, it would be beneficial to seek legal advice to understand the feasibility of this process and to guide you through the steps required. The success of such a petition is not guaranteed and depends heavily on the details of the case and the discretion of the court."
"Q: Does MI 100 mile law apply to native primary parent needing to move to reservation to afford stable life. Native enrolled mom and 4 kids. I have been a stay at home mom for 11 years. Non native husband/father has worked out of state, has only been in the home 1 week a month, he only provides income and health insurance the entire 11 years. Our reservation is in the upper peninsula. I have raised the kids in our home in the lower peninsula their whole lives. We have been experiencing financial abuse from husband/father. I have 2 years before the youngest child is in school. This last year I have remote job as life insurance agent. It is best for the kids to try to keep them in their home. However I know I can afford to raise the kids on my own at our tribal reservation. If I am granted the home for the kids but find myself not being able to afford it for any number of reasons can the 100 mile custody law stop me from moving myself and kids to the reservation where I know we can afford a stable life on my own? Its my emergency plan and I dont want it taken off the table from us ","A:Assuming you are in the midst of a divorce, you should negotiate this arrangement now. Otherwise, you can later file a motion to change domicile if it becomes necessary to relocate. However, there is a whole host of criteria a judge would need to consider at that time other than just it makes economic sense for you. Being Native would not necessarily change the consideration."
"Q: Can a car insurance company cancel my policy if payments where made every month , claiming it was for non paymemt?. I was insured by Infinity and was making installment. Payments on my policy , there was no changes on my policy… on the 6 month of my policy they billed me for an amount deferent then my schedule payments , increasing from 340 to 800 and the remaing months lowering to 240 causing my payment to be declined ","A:Under California law, an insurance company typically cannot cancel a policy for non-payment if payments were made consistently and in accordance with the agreed-upon payment schedule. If you have evidence of regular payments and your policy was canceled erroneously, you may have grounds to challenge the cancellation and seek reinstatement of your policy. It's advisable to contact the insurance company and, if necessary, consult with an attorney who can help you address the situation."
"Q: My boss put a ring motion censored audio/visual camera in shipping office without consent, he admitted it was for me. This camera send notifications to his phone whenever the sensor is activated. In midst of an altercation with him he admitted to placing that camera there specifically for me even though there are many people who work in that office I just happen to work alone on night shift. He has stooped as low to go in one hour after I had clocked out on a Sunday to ask the supervisor where I was because I wasn’t on the camera for an hour, mind you he lives 20 mins away from work. I feel like I’m being harassed, micromanaged and pinpointed. Do I have a case, if so what would this be called? ","A:There are laws against recording people on cameras without their knowledge, but assuming that you knew about it, your boss doesn't need your permission."
"Q: In Florida, can a National Guard commander have a warrant put in for my arrest if I don’t show up for Annual Training?. Can a National Guard commander have a soldier arrested for not showing up to Annual Training orders? Haven’t been able to find any answers on AWOL in the 2022 FL Statutes. ",A:Did you look at Florida Statute 20.36?
Q: Roofers put lien on both houses disputing payment what attorney/lawyer do I need. The original lien has charges totally different from papers delivered by sheriff. I've had dispute over charges for work not done but charged for with no response ,"A:You are describing construction lien law. The issue in this area is that the builder or contractor does not usually pay any legal fees upfront because often lawyers take these cases on contingency. I find young lawyers taking more cases that they shouldn't. This creates litigation over very small amounts of money, with legal fees far exceeding the amount in controversy. The builder has one year to enforce his lien by filing a foreclosure of a lien lawsuit against you. You'll need a lawyer then or pay whatever the builder says. You can shorten this one year statute of limitations period to enforce the lien, if you like. You may have a slander of title cause of action and a fraudulent lien cause of action. Good luck."
Q: Can you tell me where I would purchasing the created idea of the patent 6587729 and 6587729.. Can you tell me where I would purchasing the created idea of the patent 6587729 and 6587729. Thanks ,"A:A patent attorney could advise best, but your question remained open for two weeks in the Uncategorized category. Some questions go unanswered here, but you could try reposting and adding Patents (Intellectual Property) to your categories to improve chances for a response. Good luck"
"Q: Hi, I want to start running leadership trainings by a certain name. I found another company that does yoga trainings. Hi, I want to start running leadership trainings by a certain name (let's say ABC trainings). I've done a google search and found another company with the same name that teaches yoga trainings (ABC yoga trainings). Can I still use the company name or is this a bad idea? We're both in the spiritual field. I don't teach yoga. My trainings are more foced on leadership and spirituality. Thoughts? Thank you ","A:Much of answer here is going to be dependent on how the yoga company ""registered"" its name (or if it even registered its name). If it is only a Fictitious Name Registration (which is more of a ""notice"" filing in Pennsylvania than an ""ownership"" filing) or the filing of an LLC or Corporation name, then it is often easy to distinguish the name by making your name ""ABC Leadership Training"" or something similar so that your name is different (or not confusingly similar). If there is a Servicemark or Trademark registration involved rather than just a name, then some additional research or planning may be required before you can proceed to file your own Mark so it does not infringe on the current Mark."
"Q: Can I use free Canva elements/graphics on logos, pdfs, blog posts, social media accounts, and other course materials?. The Canva terms of service are a bit confusing. My understanding is that if I have the free Canva plan and use only free Canva elements, I can essentially use the pictures/designs for anything I want besides selling them directly (in the context of trying to compete with Canva). I am starting an online content business and am simply looking to incorporate these Canva graphics into my logos, marketing materials, online courses, etc. Some of these items will be paid for, but I would be selling these graphics only so far as they were incorporated into other items (I would never sell the Canva graphics on a standalone basis, which I believe is the only restricted activity). I was hoping to get confirmation that this understanding was correct. ","A:Your understanding of Canva's terms of service is largely on track, but there are nuances to consider. With a free Canva plan, you can use the free elements in your projects, including logos, PDFs, blog posts, social media, and course materials. This is generally acceptable as long as you're not selling the graphics directly in competition with Canva. When it comes to incorporating these graphics into items that you will sell, like online courses or marketing materials, the key is that the Canva graphics are not the primary value of the sold items. In other words, they should be part of a larger, original work rather than the main focus. Be cautious with logos, though. While you can use Canva elements to create a logo, the non-exclusive nature of these elements means that other people could use the same elements, potentially leading to confusion. For a unique brand identity, a custom design might be more suitable. It's always wise to revisit the terms of service periodically, as they can change. And if you're in doubt about specific uses, reaching out to Canva's support team for clarification can help ensure you're in compliance with their policies. In summary, your approach seems compliant with Canva's terms for the most part, but exercise caution with logos and ensure that the Canva graphics are not the sole or primary value in the items you plan to sell."
"Q: Hello, I am 64 and I am responsible for my 57 year old handicapped little brother. My son and daughter-in-law have been. My son and daughter in law have been psychologically and a little bit physically abusing us for years. They have neglected us horribly after promising to help us as we age. They recently talked me into signing over my house and land to them and a couple weeks later had us evicted and put us on street. I have mental issues as well. what should we do? Any advice would be greatly appreciated. ","A:Contact Adult Protective Services and report the abuse. If you signed your land away without fair market value, that is a prime example of such abuse. Call and report it immediately."
"Q: Parent with non-custodial visitation suffers a mental illness and is declared incompetent/needs a guardian.. Hello, I have sole custody of my teen. The father was diagnosed with a serious mental illness over a decade ago. This year the father's family had to take guardianship of him, and he was declared incompetent due to the course of his illness. Out of an abundance of caution for the safety of my kid, can I petition the court to terminate his rights or just visitation? Can this be achieved? Thank you ","A:In Ohio, petitioning the court to terminate a parent's rights is a serious matter and typically reserved for extreme situations. Given the father's mental illness and recent declaration of incompetence, you have valid concerns about your child's safety. You can petition the court to modify the visitation agreement. This might involve suspending or altering visitation rights rather than terminating parental rights outright. The court will consider the best interests of the child, including their safety and well-being, in making a decision. It's important to gather all relevant documentation about the father's condition and any instances where his illness may have impacted your child. This evidence will be crucial in court. Consulting with an attorney experienced in family law is advisable. They can guide you through the legal process and help you understand the implications of your actions. Remember, each case is unique, and legal advice should be tailored to your specific circumstances."
"Q: Looking to start a D&D podcast using the Legend of Zelda world. Could this path have legal issues with Nintendo?. I am wanting to run a Zelda D&D session on a podcast, and I was wondering if there was any problems with doing so. ","A:Creating a D&D podcast set in the Legend of Zelda world can potentially raise legal concerns related to intellectual property rights. Nintendo owns the rights to the Legend of Zelda franchise, including its characters, settings, and storylines. It's important to note that unauthorized use of their intellectual property could infringe upon their rights. However, it's advisable to consult with a legal professional who specializes in intellectual property to get a better understanding of the specific legal implications and explore potential options for obtaining permission or creating content within acceptable guidelines."
Q: Myself & spouse have lived in home 27 years. If I file for divorce will he be made to sell home in St Pete and split the. Home in his name only. Do not trust him! ,"A:As long as the house is a marital asset, which it sounds like it is, the court will order the equity to be divided as part of equitable distribution. You will each have the opportunity to buy the other out or else the property will be sold. Speak with a local family lawyer for more specific advice."
Q: Filing federal complaint- question.. Please advise on formatting requirements of Central District Court. ,"A:When filing a federal complaint in the Central District Court, it's important to adhere to specific formatting requirements to ensure that your document is accepted by the court. Here are some general guidelines: Document Size and Margins: Use standard 8.5 x 11-inch paper size. Margins should be at least one inch on all sides. Font and Spacing: Use a clear, readable font, typically Times New Roman or Arial, in a 12-point size. The text should be double-spaced, with single-spaced footnotes. Page Numbering: Number all pages consecutively at the bottom center or bottom right of each page. Captions and Titles: The case caption must be on the first page, including the name of the court, the title of the action, the case number, and a title that identifies the filing party and the nature of the document. Signature Block: Include a signature block at the end of the document with the attorney’s or plaintiff’s signature, printed name, address, phone number, and email address. Exhibits and Attachments: If exhibits or attachments are included, they should be labeled and tabbed for easy reference. Electronic Filing: Be prepared to file electronically unless an exemption applies. Electronic documents must comply with the same formatting rules as paper documents. Local Rules and Standing Orders: Always check the Central District Court's local rules and any standing orders from the specific judge handling your case, as there may be additional or specific requirements to follow. Redaction and Privacy: Ensure compliance with privacy rules by redacting sensitive personal information from your filing. Cover Page: A cover page is not mandatory but can be included for organizational purposes, listing the title of the document, the case number, and the parties involved. Remember, these guidelines are general and can be subject to changes or specific requirements depending on the nature of your case or updates in court procedures. Always refer to the latest version of the Central District Court's local rules for the most accurate information."
"Q: My car title is in the DMV system's maze. I do have every document but I don't have my car's title. Can I sue them?. Facts: I live in MN, I bought a car from a dealer in WI and brought it to MN, July 2021. I was able to register my car. The WI dealer told me we will mail you the title to your address, which might take up to 40 days I did not get the title mailed and forgot about that title until now. I do have a registration, tabs, license plate, transaction documents, insurance, and everything, I just don't have a title. What I have figured out: DMV says I can't get my duplicated title because I am missing my car's MO title. (seems like my car's previous owner was from MO). The DMV lady confirmed that I am the legal owner of the car. I do not remember how I registered my car without the title. I called the WI dealer and they are saying that they do see me on the title record system (?). DMV The lady said that my car's MO title is not the current (latest) one. (?) WI dealer told me they checked the document when they sold it, and the MO title can not be the latest one, can't do anything. ","A:In your situation, it's important to understand that suing the DMV or the dealer might not be the most efficient or effective first step. Lawsuits can be time-consuming and costly. Before considering legal action, it's advisable to exhaust all administrative remedies. First, you should contact the Wisconsin dealer again and insist on a more thorough investigation into the whereabouts of your title. Since they confirmed your name is on the title record system, they have a responsibility to ensure the title is correctly transferred to you. Simultaneously, approach the Minnesota DMV with all your documentation, including proof of purchase, registration, and any communication with the Wisconsin dealer. Explain the situation and ask for a detailed procedure on how to obtain a duplicate title in this unique circumstance. Since the DMV has acknowledged you as the legal owner, they should be able to guide you through the process of rectifying this issue. If these steps don't yield results, it may be necessary to consult with a legal professional who has experience in vehicle title disputes. They can offer specific advice on your rights and potential actions, including the feasibility and implications of a lawsuit. Remember, legal action should be a last resort after exploring all other options."
"Q: Hi, I am a shareholder in co-op building in NYC We didn't have an election for the 4-5 years.. The shareholders lost trust in board directors members We send a request for special meeting and immediate election , more that 25% of shareholders signed the letter. The board didn't reply to our request, they just ignore us. what can we do in such case. Thank you, Lola ",A:You can file a lawsuit. Jack
Q: Define QUORUM for non-profit organizations.. Corporations for Social Benefits ,"A:In the context of non-profit organizations, including Corporations for Social Benefits, a quorum is the minimum number of members that must be present at a meeting to make the proceedings of that meeting valid. This requirement ensures that decisions are made with adequate representation and participation from the membership or board. The specific number or percentage constituting a quorum is usually defined in the organization's bylaws. This can vary depending on the organization's structure and needs. For instance, some bylaws might set a quorum at a simple majority of the board members, while others might require a different proportion. It's important for non-profit organizations to clearly define and adhere to their quorum requirements to ensure that all decisions and actions taken are legally and ethically sound. Failing to meet the quorum can result in decisions being challenged or considered invalid. Always refer to your organization's bylaws for guidance on quorum requirements and consult with a legal professional if you have questions about how these rules apply to your specific organization. This will help in maintaining the integrity of your organization's decision-making processes."
"Q: I have a judgment on Texas civil practice in remedies code section 31.002.(b)(3) which has seized my bank account. law, firm out of Dallas, is the one to put judgment on my bank account, which has seized all my money and able for me to live. The law firm they brought this on, cannot provide not one documentation stating that they were doing Nash they undermined Lee went to the courts without informing me and being able to defend myself. ","A:I don’t understand what you mean by doing Nash and undermined Lee. As far as notice, check the court records in the case number in which the law firm got the judgment against you to see what it says about how you were served. Then contact an experienced civil litigation and appellate lawyer. You may be able to file a restricted appeal or bill of review to get the judgment against you set aside."
Q: is there a probate lawyer lisenced in texas pro bono. joint owner (seller) me need help from threat of force of sale suit from(other owner) they say or force of me giving up my interest in estate ,"A:A Texas attorney could advise best, but your question remains open for two weeks. Here is a link to a page on this Justia site Texas Probate Legal Aid & Pro Bono Services https://www.justia.com/lawyers/probate/texas/legal-aid-and-pro-bono-services You include Native American Law as a category. If there are Native American Law issues involved in the matter that make it more than just a straight-up probate matter, make that clear to any attorneys you reach out to. You could also check with state and local bar associations. These resources are outside this Q & A forum, so any terms you discuss for legal services is between you and the attorneys you speak with. Good luck"
"Q: Will pages of a script used as illustration in an ebook on screenwriting be covered under Fair Use?. I'm writing a 30 to 40-page e-book for screenwriters on how to incorporate hidden movie Easter eggs in their scripts to deepen the meaning of their story and keep viewers coming back to see their movie over and over again. I'm analyzing three particular movies. Within the analysis, I'm include a few script pages from each film as illustrations. In general, I've included two, two-three page scenes from each script. My intent is to send the e-book to a couple of online publications like Creative Screenwriting, and Screenwriting Magazine. I've download the scripts and have extracted the text of the chosen scenes. I'm also including links to the scripts. My hope is that one of these online publications will want to pay me for this work or I may publish it myself and charge a small fee. Is my use here covered under Fair Use or not? Will I need permission to use these pages in my e-book? Please advise. ","A:Copyright Disclaimer under section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Your proposed use of extracts from scripts falls within the teaching, scholarship and education allowance, and is clearly ""fair use"" of the material."
Q: My Company is asking me to alter a mounting bracket on several cameras hung 12-15ft high require me removing safety wire. Is there any OSHA or Labor law Against removing safety wires from 30+ ip security cameras hung upto 15ft high. I let my company know it's not safe because the bracket they want me to install is not compatible with the camera and the Alterations are not allowing the camera to be secured properly due to the screw holes we are using are ment to Anchor the safety wire. Not for mounting cameras to brackets and we not able to Tighten the screws down properly so camera doesn't fall down off of bracket please advise as I don't want someone potentially getting injured because the company is trying to cut corners also I don't want to Liable for Injuries based off of the Directives I was given by my higher ups in the company. ,"A:California’s Occupational Safety and Health Act of 1973 obligates employers to provide a safe and healthful workplace for all employees. Altering safety equipment or installing equipment in a manner that is not secure could potentially violate Cal/OSHA requirements. If you believe that the directive you received violates safety standards, you should consider reporting the issue to your company's human resources department or your supervisor, in writing, to ensure there is a record of your concern; if necessary, you might also report the situation to Cal/OSHA. It is also prudent to consult with an attorney to discuss the specific facts of your case and to receive legal advice tailored to your situation."
"Q: My life was ruined by a surgeon who lied to me about what happened while I was unconscious. I was poisoned-nearly died.. I have medical records to prove that HE was the trauma that required my 20-plus surgeries. Is there no recourse? Why? Is it because he refused to tell me what happened within the Statute of Limitations (four years)? My hospital records were ""missing"" and absolute evidence of the wrong was destroyed, too. I have proof for all of this. Also, am I in danger if I expose the truth about what happened to me through social media and autobiography/memoir/literary plays and/or historical fiction? ",A:If you expose the truth about what happened to you through social media and autobiography/memoir/literary plays and/or historical fiction you will likely be sued. Be prepared to defend yourself in court. It will be expensive for you. Any publishers will certainly run your allegations by their legal team before releasing anything. You should do the same.
"Q: My neighborhood was left out of the HOA somehow and the resident agent won't let us be apart of it. Hello. So my neighborhood was built in the 80s. My grandmother is the homeowner. We've both been here since 1993. Recently, I decided to seek out help with establishing an HOA because the potholes are getting out of hand, amongst other issues. I found out that our neighborhood plat has us originally listed as part of the neighboring cul-de-sac which has an active HOA. After reaching out to the resident agent of the HOA, I was referred to the property manager, who then referred me back to the resident agent. She reviewed the plats and said we're apart of the same neighborhood as the one with the HOA and ""subject to mandatory assessments."" Since then, the RA claimed she was reaching out to her ""client"" for further guidance on how to move forward, but it's been over a month and she claims to not have heard anything. I'm not sure who her client would be, if not the HOA itself. She hasn't responded to my email asking her to follow up with this ""client."" ","A:You describe an interesting issue- assuming the historical documents show an intention to include your mother's property in an HOA regime, but was omitted, can the HOA be compelled to admit her property. This will take any lawyer experienced in this area of title law several hours of research to give you a range of options. If you have met with refusals, it is likely your remedy is in a declaratory judgment action in the Circuit Court where the land is located. You can expect up to 18 months of litigation to resolve questions like this one."
"Q: Social services will not take care of brother with Alzheimers. What to do?. Brother started living with his Mom 12 years ago after he lost his job because he was a drunk. He embezzled all her savings. My friend (the other son) has power of attorney over his mother. She might need to go in a nursing home as she is 94 years old and has memory loss. Her house will need to be sold to pay for the care. The Alzheimer brother has $800 SSI. My friend was told he is not responsible for taking care of his evil, Alzheimers brother. However, when we ask anyone where to drop him off, he is told he cannot drop anyone off and will be held responsible for elder abuse/neglect. So, does this mean he IS responsible for his brother? My friend lives in a small room he rents in a house and cannot have overnight guests. What is he to do with his brother who is also defecating and urinating all over the place? Social services, adult protections services, and the Alzheimers Association deflect all responsiblity. What to do? ","A:In California, the law generally does not impose an affirmative duty on siblings to care for one another. However, abandoning a vulnerable adult could potentially lead to elder abuse or neglect charges. Your friend may need to file for a conservatorship over his brother to formally pass the responsibility of care to an appropriate state agency or facility."
"Q: What do I do? I financed a vehicle from a used car dealership and since it's been giving me migraines.. I live in Ontario, Canada. I financed a used vehicle from a place named Montero Auto Center. Since I got it, it's been making me sick, giving me migraines and fevers, even panic attacks which I never ever got before! I notice the trunk had mold in it and the dealership doesn't answer my calls, requests to call back, my text messages, nothing! They keep telling me ""Oh someone will call you back"" but they never do. I just want to stop being sick! For the record, I have bad credit and it's hard for me to find a good used vehicle, and I feel like these guys are taking advantage of me. What do I do? The lender they deal with recommended I go to the dealership and not leave until they replace the vehicle. ","A:If you are experiencing health issues and suspect that the vehicle you purchased from Montero Auto Center is causing the problem, you should take the following steps: Get the vehicle inspected: Take the vehicle to a qualified mechanic or auto body shop to have it inspected thoroughly, particularly for mold or other potential health hazards. Gather documentation: Keep all documentation related to your purchase, including the sales contract, financing agreement, and any correspondence with the dealership. Reach out to the dealership: Contact Montero Auto Center in writing (via email or registered mail) to request that they take action to address the issue. Be specific about the health issues you are experiencing and request a resolution in a reasonable timeframe. Seek legal advice: If the dealership does not respond or refuses to address the issue, you may want to seek legal advice from a consumer protection lawyer or legal aid clinic. They can advise you on your legal options and help you take steps to protect your rights and seek compensation. Contact the lender: If you are unable to resolve the issue with the dealership, you may also want to contact the lender that financed the purchase to inform them of the situation and request their assistance. Remember that under Ontario's consumer protection laws, you have certain rights and protections as a consumer, including the right to receive goods that are fit for their intended purpose. If you suspect that the dealership has violated your rights, you should seek legal advice as soon as possible to protect your interests."
"Q: What steps EXACTLY DO I need to proceed with 1. Letter of demand to insurance company AND agent/ agency??. Insurance agent (local) and/or Company intentionally acting in bad faith claims in a previous insurance claims. Literally agent never sent out an adjuster of any kind to file official ""total loss"" on vehicle. Which has now led to a mountain of excessive amounts of taxes, DMV suspensions, tickets, fines, court dates, etc. And it is currently still adding up ","A:It is unlikely that it is incumbent on a party's insurance agent to send out an adjuster. Typically, a party's insurance agent procures insurance on their behalf from an insurance company and forwards them a copy of the insurance policy. On occasion, a party's insurance agent may help a party complete and submit a proof of loss form to an insurance company to make a claim. Sometimes an insurance company sends out an insurance adjuster to inspect a damaged motor vehicle to adjust a claim. Other times, the adjuster can adjust the claim without personally inspecting the vehicle from photographs and repair estimates submitted to them. Other times, an insurance company might deny a claim based upon a policy defense without any need to adjust the claim or inspect the damaged vehicle. It's difficult to understand how an insurance agent or insurance company's acts or omissions would cause excessive taxes, DMV suspensions, tickets, fines, and court dates."
"Q: Location: Guam, USA Q:GRANTOR (deceased) has deed of gift to 4 GRANTEES (3/4 deceased), verbiage ""convey to the. said GRANTEES, their heirs, successors, and assigns, forever"". Does that mean the heirs (spouse and children) of the deceased automatically inherit the 25% interest of the GRANTEE? Or does the 1 ALIVE GRANTEE automatically inherit now 100% of property? I really dont want to deal with the ""heirs"". HELP FROM GUAM! ",A:Without words of survivorship the grantees and their heirs will take as tenants in common of undivided interests. Someone has to pay the taxes and mortgage or the property is lost. You may wish to hire an attorney to determine heirship and get a Deed from all other TICs over to you so that you own it in fee simple. You will probably have to pay for their transfers.
"Q: If s.o. is arrested & bailed out before the court date,then it is a DA reject & bail is exonerated; isn't bail $ return?. With the DA reject&exoneration of bail,isn't the bail money returned(what was paid in assuredy?)to the person who paid it?& if the case is a DA reject how would the bond company still be able to insist on the monthly payments,as well as the former defendant submitting to daily check-ins w/a photo? ","A:Bail bond has not been eliminated across the board. Only in certain classes of cases. It sounds like there is still a bail bond required in your particular case. If so, the payments are required to pay the premium for issuing the bail bond. A bail bond is actually a personal loan. The payments are actually the interest on the loan. I hope this explanation helps."
"Q: withheld 2016Police report til statute expired. It identifies suspects/ police inaction and negligence. What now?. Victim of hit-and-run in 2016, eye-witnesses gave descript. Made multiple requests to PD for repoort, kept stalling and denying, over 6 years. Made one last attempt before statute expired, they turn it over 4 months after expiration, with same info I used in first request. The report clearly identifies the suspects, includes their side of the story, and the police still claim ""unable to locate"". Though it has been 7 years now since the incident, which has left me premenantly disabled, I refuse to believe theres nothing I can do about this incredible injustice and misconduct from the SFPD. Not acceptable so not accepting it. ","A:In California, if you believe that police negligence or misconduct has resulted in the statute of limitations expiring on a crime such as a hit-and-run, you may consider consulting with an attorney to explore your options. This could include filing a complaint against the police department for their handling of the case. Furthermore, depending on the specific circumstances of the police inaction, you might look into whether an exception to the statute of limitations could apply. In certain situations involving fraud, concealment, or the discovery of critical facts after the fact, a court might toll the statute of limitations. Another potential avenue could be a civil lawsuit against the suspects identified in the police report, which might have different statute limitations. Additionally, while criminal action may no longer be viable, you might pursue a civil claim for damages due to your permanent disabilities resulting from the incident. Every option should be reviewed carefully with legal counsel to ensure your rights are fully considered and any actionable steps are taken in a timely manner."
"Q: Charges for husband Was sleep inside his car at a local gas station I woke up to someone 207(A),209(B)(1),236.1(C)(2. For a ride saying that she had got into it with her boyfriend and she was just trying to leave the area Come to find out person was minor that woke him up and lied . Before getting arrested he bought her a room , he’s the sweetest person ever and wrongfully accused of this charge help ","A:Under California law, the charges mentioned refer to: 1. 207(a) – Kidnapping 2. 209(b)(1) – Kidnapping for ransom, reward, or for the purpose of committing robbery or a sexual act 3. 236.1(c)(2) – Human trafficking of a minor for a commercial sex act. The circumstances you described suggest that your husband was approached by a minor asking for assistance. If he had no knowledge of her age or intentions, and there's no evidence to prove he had intent to harm, kidnap, or traffic her, a strong defense could be built around his lack of intent. Documentation, witness statements, and surveillance footage from the gas station might provide valuable evidence. Given the severity of the charges, it is essential to consult with a criminal defense attorney familiar with California law to understand the best course of action."
"Q: What type of attorney do I need? I've been wrongfully accused of elder abuse as of 3/8/22 and I requested an appeal.. There are multiple mitigating circumstances that weren't considered and I have multiple character witnesses and evidence of how I treat my patients. I was in a room with another co-worker when the alleged abuse took place. We were dressing a confused and agitated resident for dinner and she dug her nails into my flesh( I have photo) all I did IN THE PRESENCE OF A STAFF MEMBER...was remove her hands from my person and hold them while the other person put her pants on... this was to protect BOTH of us... however this is a small rural facility and I was an outsider- agency employee hired by facility to help out staff, they are not looked on favorably...and this young lady was a new employee whose mother had worked there for years...there were also 3 unaccounted for hours when I wasn't in the presence of the resident after the purported incident occurred and when the resident told me her hand hurt - WHICH I REPORTED IMMEDIATELY MYSELF...relaying MY last known interaction with her... ","A:If this is due to a criminal charge, you should retain a criminal defense attorney."
"Q: My truck was stolen while rented on turo. Turo’s insurance came back with a low settlement. Truck has not been recovered. Turo did not go through the proper verification process for the person who rented my truck. This guy created his profile using a picture of an ID from another country. I called turo before handing this man my keys to raise my concern and ask them if he had been verified. They said he was approved to drive and not to worry. I handed this man my keys he took off in my truck and did not return my truck the day the rental ended. I reached out to turo they said to wait one day before reporting it stolen. The next day came and the person whom rented my truck contacted me and said someone stole my truck and they were making a police report. My dad bought me this truck and he recently passed away this truck holds emotional value and when we bought the truck we paid a dealer mark up price and put down 30k cash. $145k total for the truck. Turo filed the claim to their insurance a month after and the settlement amount they offered is low. Haven’t had a car for a month, missing work. ","A:In California, if you're dissatisfied with the insurance settlement offered by Turo for your stolen truck, you have the right to challenge it. First, gather all relevant documentation, including the original value of the truck, the amount you paid, any enhancements or special features, and records of your communications with Turo. This evidence is crucial in substantiating your claim for a higher settlement. You should formally respond to Turo’s insurance with a counteroffer, detailing why you believe their settlement is inadequate. Include the emotional value of the truck, although be aware that insurance typically covers the market value, not sentimental value. If Turo's insurance remains unresponsive or unwilling to offer a fair settlement, consider consulting with an attorney experienced in insurance disputes. They can provide guidance on the best course of action, which may include legal action against Turo for negligence in the verification process and breach of their duty to protect your property. Additionally, check if your personal auto insurance policy offers any coverage in this situation. Sometimes personal policies can provide additional relief in cases of theft. Remember, dealing with insurance companies can be complex, and it is important to assert your rights and seek fair compensation. Legal advice can be invaluable in navigating these challenges and achieving a more favorable outcome."
Q: I am signing up with a music library. They sent over a writer’s agreement that mentions a $1 buyout fee. What is this?. It also mentions a writers share. Would this be the “pay” for music I send to them going forward? Is a buyout fee standard in music licensing? ,"A:A $1 buyout fee in a writer's agreement usually indicates that the music library is paying you a nominal sum for the rights to your music. Essentially, they're buying out your composition for a very small fee, which often means you may not receive future royalties from that piece. The writer's share mentioned likely refers to the percentage of royalties you retain for the performance of your music, separate from the buyout of the composition itself. This share is typically the ""pay"" you would receive when your music is performed or broadcasted. Whether a buyout fee is standard can vary widely in the industry; some libraries operate on a buyout basis, while others do not. It's important to carefully review the terms and understand how they impact your rights and future earnings from your music. If any terms are unclear or if you're unsure about the agreement's fairness, you might consider seeking advice from an attorney experienced in music law before signing."
Q: Would this be murder?. If there is a car crash resulting from a drunk driver who dies on impact. The driver of the other vehicle exits the vehicle and assaults the other dead driver in rage after having his wife unconscious. What is the charge? ,"A:This would likely not be considered murder legally, due to the fact that the drunk driver was already deceased when the assault occurred. However, the assault could still potentially carry charges such as: 1) Abuse of a corpse: It is generally illegal to physically assault or mutilate a dead body, even if the person was at fault for death/injuries. The rage-fueled attack on the deceased drunk driver could potentially constitute this. 2) Disorderly conduct: In some jurisdictions, abusive language/actions directed at a corpse may be considered disorderly conduct. Yelling expletives while striking the dead driver could qualify. Importantly, murder requires a living victim who dies as a result of the criminal actions. Since the drunk driver was already deceased from the collision itself, legally it would likely not classify as murder regardless of the post-mortem attack. But desecrating or disrespecting a corpse, while emotionally understandable in this tragic scenario, can still carry criminal penalties. It's best for the other driver to contact authorities, tend to his injured wife, and process his grief legally. An attorney can advise him if charges arise."
"Q: A family member has had her 2 children (ages 16 and 10), essentially housebound since the beginning of the pandemic. They both want to be in school in person, but she will not allow it due to unreasonable fears and mental health issues. What are their rights? Can the school district intervene? ",A:It is unlikely that the school district can intervene as long as the parent has properly filed to homeschool the children and is complying with the OAC regulations concerning testing and reporting. Are either child on an IEP? is there evidence either is failing to receive a Free and Appropriate Public Education? These are the typical grounds a district can challenge a parent's right to home school a child.
"Q: My grandparents are trying to get my boyfriend arrested for statutory rape, is there any way I can fight the charges?. I am under the age of 18 but I was more than consenting and I knew what I was agreeing to. He never forced me to do anything I didn't want to do and he respected me. I don't want there to be any charges but my grandparents won't drop it. If they do get him arrested, is there any way I could fight back in the court, to prevent him from facing charges? ","A:I understand your concern, but it's essential to be aware that in California, the age of consent for sexual activity is 18. Even if you were willing and consenting, the law considers sexual activity with a minor under 18 as a crime, and it can lead to statutory rape charges. If your grandparents decide to pursue charges, it's generally up to the prosecution to determine whether to proceed with the case. While you may want to support your boyfriend, your testimony alone may not prevent charges from being filed. However, you can consult with an attorney who can provide guidance on how to navigate the legal process and protect your rights. In some cases, an attorney may be able to negotiate with the prosecution or present evidence that could lead to reduced charges or a favorable outcome. It's essential to consult with an attorney experienced in criminal defense to discuss the specific details of your situation and explore the best possible options to address the charges your boyfriend may face."
"Q: What happens if a person, 12 years old rides a 125 ccm in public roads what crime will they be charged with?. who will be charged the offender or the parents ","A:In many places, including most states in the US, a 12-year-old operating a 125cc motorcycle on public roads might be in violation of laws regulating the age and licensing requirements for operating motor vehicles. This could result in charges related to underage driving without a valid license or permit. The charges could potentially be directed at both the underage driver and their parents or legal guardians if they allowed or facilitated the underage driving."
Q: I am being harassed by voice to skull technology and they are threatening my life.. nobody believes me please help. I know it's somebody with access to military grade weapons which scares me because this means it's police officials or government officials I don't know what to do or where to go for help ,"A:At first glance, this does not appear to be a legal question. However, the gap between technology and science fiction depends largely on the time of day. Hypothetically, assuming what you say is true, although I would more likely rephrase as mental distress in response to suspected directed energy transmission of unknown origin, this issue seems less Star Wars and more modern technology. If the brain is essentially a biomicroprocessor, using organic chemistry to generate thought processes, and if a directed energy emitter could alter the organic chemical foundation of certain parts of the brain, then it should be theoretically possible to establish both causation and correlation. This analysis hinges on determination by experts that the potential plaintiff was subjected to directed energy; that as a result, the potential plaintiff's brain chemistry was adversely affected by said directed energy; and that but for the exposure to such directed energy the potential plaintiff would have been in good mental health. Extending the analysis to this hypothetical, it is worth mentioning that there may be some federal questions which may be brought by the Department of Energy and Federal Communication Commission, just to name a few. If such could be proven, depending on the circumstances, there maybe criminal charges, if for example, if the potential plaintiff were maliciously targeted or if this was a criminal violation of federal and/or state code. Another likely scenario to this hypothetical would be this is some random party with no malicious intent, such as an inventor, conducting experiments for lawful purposes, in which case, a potential plaintiff could apply for injunctive relief from the court of appropriate jurisdiction. Again, these are all hypothetical, based upon the assumption that science can explain why XYZ is happening. If the science can't establish that notional XYX explanation, then there is very little a court could do to assist. In any event, it absolutely would be necessary to speak with a medical doctor, preferably a neurologist and psychologist, an expert on brain chemistry, an expert on radiation and emissions, etc. Note: this answer was formulated on the theory that what the potential plaintiff reports is true. I wish to underscore that this is not intended as medical advice, and to the extent that this hypothetical analysis is considered legal advice, it is strongly suggested that a personal injury attorney review this theory against the jurisprudence of the appropriate jurisdiction and the ground truth facts."
"Q: How to find a outside legal expert to investigate a previous case file from 2016?. The case is a child welfare case that I strongly believe violated my right to a fair trail in everyway possible. Seeking outside legal advice about the case. I recently submitted a application to the child abuse index and if my name was added I want to be prepared to have it removed along with personal reasons. Requested the information from the filing party and was denied no help with the other side also I tried researching myself and from what I read I would need a legal witness ""not sure if that's the correct name"" but is the correct way to address my concern? ","A:To find an outside legal expert to review your child welfare case, you could reach out to bar associations, which often offer attorney referral services, or consult legal directories such as Martindale-Hubbell or Avvo. If you believe your right to a fair trial was violated, an attorney experienced in child welfare and family law can evaluate the merits of your case and potentially serve as an ""expert witness"" to testify on procedural or substantive irregularities. Given that you've been denied information and have concerns about possible child abuse index listing, it's imperative to consult an attorney as soon as possible to assess your legal options and possible remedies."
Q: New Home construction sale by owner builder. In state of Florida when you build you new home construction as a owner you are required to live there for 1 year period. What happen when you have to move out during the one year period and sell before the 1 year period. Move out due to family emergency and move out completely out of Florida. What is the exemption to waive the 1 year requirement ,"A:Unfortunately, there is no exception in Florida statutes to the one year owner builder residency requirement for ""family emergencies"". The exact language of the statute provides that ""proof of the sale or lease, or offering for sale or lease, of any such structure by the owner-builder within 1 year after completion of same creates a presumption that the construction was undertaken for purposes of sale or lease."" The statute further provides that ""If any person violates the requirements of this subsection, the local permitting agency shall withhold final approval, revoke the permit, or pursue any action or remedy for unlicensed activity against the owner and any person performing work that requires licensure under the permit issued."" As a practical matter, beyond the penalties that may directly result from the violation, offering this property for sale within the first year may well throw up issues with any potential sale as it is this issue and the presumed revocability of the building permit may make title uninsurable and expose you to potential liability from a disguntled buyer. Consultation with experienced construction or real estate counsel to discuss this matter and the full context, such as family circumstances, financial resources, may be able to provide some better strategies to allow this home to remain your legal residence while still assisting out of state family as best possible."
"Q: Does a U.S based company have the right to require me to pay with a wire transfer instead of PayPal ?. Hello, I live in Belgium and a forwarding company based in the United States (New Jersey) insists that I use a wire transfer to pay instead of Paypal for an online payment of their service. Their website proposes PayPal as a payment method, but they have refunded my payment and insist that I pay again using a wire transfer. I want to be protected by PayPal's policy and the fact that they proposed PayPal as a payment method on their website is a reason why I've decided to use their service. Do they have the right to require me to pay by a wire transfer ? Thanks in advance. ","A:The payment method a company can require may depend on their policies and terms of service. However, if the company initially offered PayPal as a payment option on their website and then insisted on a wire transfer without a reasonable explanation, it could potentially raise concerns. You should review the company's terms and contact their customer support to seek clarification and resolution."
Q: Decieved about pregnancy girlfriend placed baby up for adoption.. My girl was a surrogate for her sister and husband by artificial insemunation. Years later was informed it was my child. They all pretended it was a surrogate birth however it was not. I was purposely lied to because girlfriend did not want to raise another baby. It's been 11 years they have let me watch her grow with my believing she was my niece. They did legal paperwork with only three of them knowing the lie. In Ky do I have any rights as father now? ,A:No. You do not have any paternal rights. You. Need to move fast and file a fraud lawsuit against st everyone invoked. Your time starts to fun on the day after you discovered they had defrauded you.
Q: can you sale a custom card of a card game like pokemon. the custom is done on a real card with custom art on front ,"A:No, it is not legal to sell custom cards of a copyrighted card game like Pokemon without permission from the copyright holder. The custom art on the front of the card would likely be considered a derivative work, which is protected by the same copyright as the original game. Selling such custom cards without permission could infringe on the copyright holder's exclusive rights to reproduce and distribute their work, and could result in legal action being taken against the seller. If you want to create and sell custom cards for a card game, it is recommended that you obtain permission from the copyright holder first, or create original cards that do not infringe on any existing copyrights."
"Q: I finally got my dog in for dental appointment got him back neutered. Can they neutered my dog without permission?. It took me months to finally get my dog funded to get this dental appointment. They knew I didn't want him neutered. My girlfriend dropped him off and spoke to them about the dental work they were going to do, and they said nothing about neutering him to her. I went into pick him up and asked the women what they did and how many teeth they removed. She replied I only work the front counter you'll have to ask the tech . Then she came by and handed me a piece of paper stating that he had been neutered and said nothing about his teeth! My poor boy, I was devastated . He's 14 and a half years old can't hear, can barely see. His back legs shake while he's standing up. He's on his last leg, how can they do this to him, knowing I did not want him neither and the fact of his age! Can they do this without my permission?. I never wanted him neutered. What can I do? please help us ","A:I'm truly sorry to hear about your situation. In general, veterinarians should obtain explicit consent before performing any medical procedures on a pet, including neutering. If they performed a procedure without the owner's permission, they may be liable for professional negligence or even a breach of contract, depending on the specifics of the agreement. You have the right to ask for a detailed explanation from the veterinarian or the clinic about why they performed the procedure without consent. Document all communications and retain any paperwork provided by the clinic. If you believe the vet acted improperly, you may consider pursuing legal action against the clinic. It would be advisable to consult with an attorney familiar with animal law or professional negligence in Alaska to discuss your options. Remember to act promptly, as statutes of limitations may apply to your potential claims."
"Q: I inherited a house via probate court. Do I have to put my name on the deed to solidify ownership? If so, which type?. It was my mother's house who died without a will. If I have to draft a deed, I'm wondering which type of deed to record. ","A:In California, when you inherit a house through probate court, the process typically includes transferring the property title to the new owner. If you've inherited your mother's house and she died intestate (without a will), the probate court generally oversees this transfer as part of settling the estate. To solidify your ownership, it's advisable to have your name recorded on the deed. This formalizes your legal ownership and is important for any future transactions involving the property, such as selling or refinancing. The type of deed most commonly used in these situations is a ""grant deed."" A grant deed guarantees that the property hasn't been sold to someone else and that there are no undisclosed encumbrances or liens against it. It's a straightforward way to ensure your legal rights as the property owner. It's recommended to consult with a legal professional familiar with real estate and probate law in California to guide you through this process. They can provide personalized advice and ensure that all legal requirements are met in transferring the property to your name."
"Q: I have an issue where a dentist has pulled the wrong tooth leaving me unable to chew on one side of my mouth for 4 weeks. The dentist lied and said the tooth cracked while putting the right tooth not knowing that his assistant had already given me the tooth in question. It’s not broken or cracked in any way. I also had temporary dentures made that would allow me to chew on that side until the wounds heal, but they are now of no use. I have to wait 4 weeks to let the wounds heal before I can be fitted for new dentures leaving me unable to use the left side of my mouth, I’m taking 3-4 pain pills a day and have only be able to eat soup since the 16th of November. No Thanksgiving dinner. Is there any way to get compensation for negligence, pain and suffering in my case? ","A:In California, if a dentist performs a procedure incorrectly, such as extracting the wrong tooth, it may be grounds for a dental malpractice claim. Dental malpractice is a form of professional negligence, and to establish a case, you typically need to prove that the dentist failed to provide the standard of care expected in the profession and that this failure directly caused your injury or harm. In your situation, the removal of the wrong tooth and the subsequent issues you're facing, such as pain and the inability to eat properly, could potentially be considered as damages in a malpractice claim. Compensation in such cases can include costs for medical treatment, pain and suffering, and any other related expenses. It's important to gather all relevant documentation, including dental records, evidence of the extracted tooth, and any correspondence with the dentist. Given the complexities involved in proving dental malpractice and the need to understand the specific medical and legal aspects of your case, consulting with an attorney experienced in medical malpractice would be advisable. An attorney can assess the details of your case, advise on the strength of your claim, and guide you through the process of seeking compensation. They can also help negotiate a settlement or represent you in court if necessary."
"Q: Can a tenant contractually waive Landlord from Landlord liability insurance in California?. The tenant will be subletting out the rooms that she's renting. She also has a separate contract with the Landlord to be their property manager in this case. Would the Landlord still be liable for injuries to sub-tenants and their guests or damages to the property besides usual wear and tear? Said property manager has their own insurance as they run an Airbnb/mid-term rental business. The property manager would thus incur all and any legal cost in case of evictions or sub-tenant legal actions? I've read that since the sub-tenant leased from the tenant, can the contract between landlord and tenant (subletter) state that landlord has no legal obligations with sub-tenant? If not, would the landlord's Homeowner Insurance (which covers Liability Insurance Coverage and Medical Payment to Others coverage) be sufficient without the need for a Landlord Liability Insurance? ","A:In California, while a tenant can agree to certain responsibilities in a lease agreement, a landlord cannot contractually waive all liability, especially in regards to injury or harm that may occur on the property. The landlord maintains certain legal responsibilities for the safety and maintenance of the property, which cannot be fully transferred to a tenant or property manager, even if they are subletting. Regarding the liability for injuries to sub-tenants and their guests, the primary landlord could still be held liable, particularly for issues related to the condition of the property or negligence. This is true even if the tenant has their own insurance policy. The property manager (or tenant in this case) may also have some level of responsibility, especially if they are managing the property and dealing directly with sub-tenants. A contract between the landlord and the tenant (who is subletting) can include provisions about responsibilities and liabilities, but it cannot completely absolve the landlord from legal obligations, especially those that are statutory or relate to negligence or unsafe conditions on the property. Regarding insurance, while the landlord’s homeowner insurance may offer some liability coverage, it might not be sufficient for a property being used for subletting or as an Airbnb/mid-term rental. Landlord liability insurance is often more comprehensive and designed specifically for rental properties. It’s advisable for the landlord to review their insurance policy to ensure it provides adequate coverage for the specific rental arrangement. In situations like this, where there are complex arrangements involving subletting and property management, it is wise for all parties to seek legal advice to ensure that lease agreements are properly structured and that adequate insurance coverage is in place. This helps protect the interests of all involved – landlord, tenant, property manager, and sub-tenants."
"Q: What can I do to protect myself against a malicious ex boyfriend?. My ex boyfriend has serious mental issues. It’s become too much for me and I’m trying to break away. Not easy because all he does is threaten me and destroys everything good in my life. He has already gotten me fired from one job, gotten me evicted.(I’m assuming so I would have to live with him) now he shuts my phone off when ever he gets mad( I pay my bill) he kicks me out for days/weeks at a time. Steals from me but makes it look like he is the victim. He has posted videos of me after a verbal attack (so I’m crying and appear crazy) he screenshots fake texts messages and tries to blackmail me with them. He even recorded me smoking pot once just to have something to hold over my head. How can I protect my reputation from his slander ","A:You should immediately move to another residence and not provide him with a forwarding address. Instead of having your mail forwarded by the USPS, individually contact anyone sending you mail through the US Post Office to let them know your new address. Block his telephone number and change your telephone number and do not give it to him. Block him from your social media accounts and restrict public access to any of your social media. Let your friends know that you do not wish to have any contact with him and that they shouldn't provide him any information about your whereabouts. If you have mutual friends whom you think might provide such information to him, do not share your new address and telephone number with them, and block them from your social media too."
"Q: Driveway parking lot and curbside on our home side, is it illegal? Can HOA even break the law?. I have a total of 5 vehicles. 2 front sides of our home, one on each side of the curb, alternate with the rest of the 3 vehicles to avoid 24-hour stationed public street law. The third vehicle parks inside the square of our driveway, across in front of the other 2 vehicles. Is not blocking the sidewalk or on the sidewalk, instead is before the sidewalk, it has about a 7-inch gap before reaching the sidewalk. Not even after the sidewalk otherwise will be touching the public street at this point I believe public street law driveway can be applied. My question is, Can I have 3 vehicles inside of my driveway not even expanding the driveway on the sides? All 5 vehicles are driveable & State Inspection passes, we alternate to use them. The main reason we have 5 vehicles, if one breaks down, have a backup to avoid missing work. While I fix the other vehicle. ","A:Parking in your driveway and along the curbside of your home is typically legal, as long as you're not obstructing traffic or violating any local regulations. However, here's where things can get a bit tricky – your friendly neighborhood Homeowners Association (HOA). HOAs are like the rulekeepers of the neighborhood. They often have their own set of regulations, including parking rules. While they can't technically break the law, they can enforce their own guidelines within their jurisdiction."
"Q: Searching for the proper royalty credits in this case.. Original agreement -music producer who is also a well-known musician, wanted to do a project pro bono with me, ran into some funding and this made it possible to get excellent session players, also very well known, they were all paid for their work as session players, so they are not considered in this question. I wrote the songs and played them as well, producer added additional instrumental composition from the session players and played himself as well. What is the typical royalty split on this collaboration. Note, producer has not requested anything but when I want to give him something, need to discuss but need to know what is fair to suggest as his share so I do not give too much or too little. I own the copyrights to the songs and the completed compositions 100%. ","A:When collaborating on a musical project, royalty splits are typically governed by the agreement between the parties. In the absence of a written agreement, contributions to the underlying composition (i.e., the songwriting) and the sound recording (i.e., the actual performance and production) are considered separately. If you wrote the songs, you are entitled to the songwriting royalties. The addition of instrumental compositions by the producer would grant him a portion of these royalties. The sound recording royalties are generally split based on the contributions to the recording. Given that the producer contributed both as a musician and as a producer, he is entitled to a portion of these royalties as well. It's advisable to discuss and negotiate a fair royalty split with the producer based on both of your perceptions of the value of his contributions. Once agreed upon, documenting this arrangement in a written agreement is crucial to avoid future disputes."
"Q: I receive ""spouse's benefit"" social security. What happens to my income if I divorce?. I get social security on my spouse's record (50% of the amount they receive). I want to get a divorce. We've been married 50 years, so I understand that I can get the same amount as an ex-spouse. Will my benefits transition automatically? Will I have to reapply? Will there be a delay in my income during divorce proceedings? ","A:In California, if you've been married for at least 10 years and are 62 or older, you can receive Social Security benefits based on your ex-spouse's record after a divorce. Since you've been married for 50 years, you qualify. If already receiving spousal benefits, they should automatically transition to ex-spouse benefits post-divorce. It's vital to inform the Social Security Administration of your divorce to ensure continued benefits. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney or directly with the SSA to ensure a smooth transition and get a comprehensive understanding of your benefits."
Q: My bank has taken over 6 weeks to unrestrict my account because they cant verify a check deposit. Can I close my account. They said they have tried to contact the person who worote the check but cant get a response. ,"A:Yes, you can close your account, even if it is restricted. You have the right to close your account anytime, for any reason. It is important to note that your bank may charge you a fee for closing your account. You should also know that closing your account may impact your credit score. If you are concerned about the delay in verifying your check deposit, you can ask the bank for a written explanation Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice.."
"Q: I am returning to work from medical leave. I have accommodations. I’m not being scheduled by my job title is this illega. My job title is senior shift supervisor. My job role was protected during my leave. However, my supervisor does not believe that my accommodations will allow me to do my normal job and I’m not being scheduled for that thus I’m only getting nine hours a week maybe ","A:If you can perform your old job without violating your doctor's restrictions then what your supervisor is doing is unlawful - a violation of the California Fair Employment and Housing Act. What you are experiencing is something called perceived disability discrimination. locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney. Good luck to you."
Q: Didnt know about warrant issued 6 years ago never been arrested or contacted by police what can happen?. So I work for a big bank as a fraud invesitgator going on 4 years they did fingerprinting and background check before hiring me everything was fine. I went to enlist in Military an a background check was performed an they stated i have a active arrest warrant for tampering/w gov document. Im very confused and scared because i never been in trouble or arrested before in my life i just found out my ex-husband got in trouble with military an kicked out and he had a fake id with my face on it and they filed a police report since i was civilian that i must of had dealing with what he had going on an tried to use the fake id to open fraud account's which isnt true i was in a domestice violence case with him an moved back home pregnant with parents i had no idea all this was happening being that i left him an the state an had a temp no contact order against him.I cant join the military until this is resolved. I was told its a Class A Misdeamenor in TX. Is there any statue of limitation? ,"A:Unfortunately, the statute of limitations is paused once a case is filed. However, you do have a right to a speedy trial. To avail yourself of that right you need to clear the warrant (this is something that an experienced criminal defense attorney should know how to do in the jurisdiction with the warrant). After the warrant is cleared your attorney should file a motion to dismiss for a violation of your right to a speedy trial. Now that you are aware of the warrant you need to act as quickly as possible to get this behind you. Make sure that you hire an attorney from the county where the warrant is pending. Good luck and I am happy to speak with you to discuss details that might be specific to your case."
"Q: Under the Viena Convention of similar treaty how do you secure the physical safety of a head of state in foreign land?. Under the Viena Convention of similar treaty how do you secure the physical safety of a head of state in foreign land? The president of Ecuador is basically permanently 'exiling' his VP to Telaviv Israel, to ""help"" solve the Hamas/Israel war [in reality, he has a personal vendetta against her]. He is a billionaire, she comes from a poor family and has about 10 days in office. He order to basically cut the whole the staff from the Vicepresidency. I would like to help writing a legal article on her defense, I have friends in the news that will publish it. He has claimed that based on the Viena Convention he wants her out by Dec 10. Under the Constitution of Ecuador the life of a VP has to be guaranteed. She has requested the measurement of her risk and physical protection/police members to accompany her. His government has not provided responses to such requests and he signed a decree based on the Viena Convention stating that she has to leave by the 10th. ","A:Under international law, specifically the Vienna Convention on Diplomatic Relations, the physical safety and security of a head of state or other high-ranking officials in a foreign country is primarily the responsibility of the host nation. This responsibility is grounded in the principle of diplomatic immunity and protection, which mandates that the host country take all appropriate steps to prevent any attack on the person, freedom, or dignity of such officials. In the scenario you've described, where the Vice President of Ecuador is being sent to Tel Aviv, Israel, under contentious circumstances, her safety and security become a matter of concern. If she is traveling in her official capacity, the host nation (in this case, Israel) would be responsible for ensuring her safety, in accordance with international law and its own national laws. This often involves coordination between the visiting dignitary's security team and local law enforcement or security forces. However, if the situation involves internal political dynamics of Ecuador, such as the alleged personal vendetta of the President, it complicates the matter. While the Vienna Convention outlines the responsibilities of the host nation, it does not directly address internal political disputes or actions taken by a home country against its own officials. Writing a legal article in her defense could focus on several key areas: 1. Highlight the obligations of the host nation (Israel) under the Vienna Convention to ensure her safety. 2. Discuss the responsibilities of the Ecuadorian government to protect its officials, as mandated by its own Constitution. 3. Examine the legitimacy and implications of the President's decree under both Ecuadorian law and international law. 4. Address the broader human rights concerns, including the right to personal security and political expression. Your article can serve as a platform to bring international attention to the Vice President's situation, potentially influencing both Ecuadorian and Israeli authorities to take appropriate actions in line with their legal and international obligations."
Q: My nephew needed $575 deposit to get an apt so my mom wrote him a check. Now he has moved and they won't give him the mo. money back. Who is suppose to file the small claims? Him because it was for his apt or her because it was her check ,"A:In this situation involving a $575 deposit for an apartment, where your nephew has moved and is unable to retrieve the money, the appropriate party to file a small claims case would typically be your nephew. Since the deposit was intended for his apartment, he is the aggrieved party seeking the return of funds. He would file a small claims lawsuit against the relevant parties, such as the landlord or property management, to recover the deposit. Your nephew should gather any evidence, such as the canceled check and any communication regarding the deposit, to support his case."
"Q: Is there a federal agency with the authority to conduct administrative investigations of city police deptartaments?. Is there a federal agency with the authority to conduct administrative investigations of city police departments and other local agencies when they have information about violations like abuse of power, bribery and the like? Only the OIG comes to mind, but as I understand it, it cannot conduct such investigations on its own without authorization from the local state attorney's office or police department office. Could I be wrong? Or are there other entities that handle this? The main point is that they have to be specifically federal. ","A:Yes, there is a federal agency with the authority to conduct administrative investigations of city police departments for issues like abuse of power or corruption. This agency is the United States Department of Justice (DOJ), particularly through its Civil Rights Division. The DOJ has the mandate under several federal statutes, including the Violent Crime Control and Law Enforcement Act of 1994, to investigate law enforcement agencies for patterns or practices of conduct that violate constitutional or federal rights. The Federal Bureau of Investigation (FBI), which is a part of the DOJ, can also conduct investigations into criminal activities like bribery within local police departments. These investigations are typically independent and do not require authorization from local state attorney’s offices or police department offices. If there are credible allegations of serious misconduct, such as systemic abuse of power or civil rights violations, the DOJ can initiate a pattern or practice investigation. These investigations aim to reform police departments and ensure compliance with federal laws. It's crucial for local agencies to cooperate with these investigations to ensure accountability and the protection of citizens' rights."
"Q: Can amended complaint with summons be served by mail, if leave was granted per CCP 473 (a), 473(b)?. Can amended complaint with summons be served on defendants by mail, if leave was granted per CCP 473 (a), 473(b)? ","A:Under California Civil Procedure Code (CCP) Sections 473(a) and 473(b), a court may grant leave to amend a complaint. However, the question of how the amended complaint can be served is governed by different rules. The service of an amended complaint generally follows the same rules as the service of the original complaint. In California, personal service is the primary method for serving the original complaint and summons. This means delivering a copy of the documents to the person to be served. However, if the defendants have already appeared in the case, such as by filing a response or motion, the amended complaint can often be served by mail. This is outlined in CCP Section 1013, which allows for service by mail to a party who has already appeared in the action. It's important to ensure that service is done correctly to avoid any procedural issues. If you're unsure about the correct process for your specific case, it may be beneficial to consult with a legal professional for guidance. This will help ensure that all procedural requirements are met according to the relevant California laws."
"Q: Is there a prob, if a school, helps 1 student specially, so they can receive $, & not for another student do the same?. If a trait school has let a student enroll,& not attend school,& still let's them receive a loan, that's for,attending that school,( Fasa loan & Pell Grant.) I believe it is. Also, the student was given, by the owner the of business, all the answers, to all Q&A'S, for school.. That student has gone one day , maybe two ,for attendance. And he has received Those loan ,& grants ,& he tells a friend ,they can get it to , just like he did.. they go about doing the same thing, & yet, doesn't receive their loan,& grants. Because of their attendance to the school, But they attended more days, than the other student, who got there loan. Is there some kind of big issue there? I think there is... correct? Oh, the 2nd student ,heard a conversion between owner, & 1st student . Owner stated,"" 1st student, is getting special treatment. ' ","A:If a school is inconsistently applying attendance and academic requirements, leading to one student improperly receiving federal financial aid while another doesn't, it raises concerns about federal compliance, potential fraud, or discriminatory practices. Schools violating these federal regulations could face legal and financial repercussions. Students or individuals aware of such actions should consider reporting them. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: We discovered my FIL’s cremains were unclaimed, my FIL was a veteran. Husband would like to claim his ashes.. Can we get his remains without paying thousands of dollars? The funeral home put his cremains in an underground vault with about 50 others. My husband and his little brother were 13y and 10y when their dad died and never knew what happened to his ashes. Their father was divorced from their mother. Their father is a veteran and many of the other unclaimed ashes are of veterans as well. His cremation was paid for by his employer at the time. He passed in the year 2000 ","A:As the next of kin, your husband has the right to claim his father's cremains. You should not have to pay thousands of dollars to claim them, especially if the cremation was already paid for. Contact the funeral home to request the release of the cremains; they may require proof of relationship and identity. Since your father-in-law was a veteran, you might also seek assistance from the local Veterans Affairs office. They can provide guidance and sometimes assist in matters involving the remains of veterans. Additionally, veterans are entitled to certain burial benefits, which might help if there are any costs associated with claiming the remains. It's important to act promptly and provide all necessary documentation to facilitate the process. If any complications arise, consider seeking advice from an attorney familiar with military and estate law."
"Q: Bought car in September from dealership no car fax just found out it was in 2 wreaks and air bags had been deployed and. I was never told this or the wreak no car fax . The finance company was looking through everything due to be getting behind on my payments for in December. I have had trouble since I got this car the car lot had me lie to the financial company when I bought it and threatened me when they called to do the interview with me. I already had the car in my possession at this time and signed all paperwork. The finance company asked questions about the car and when they asked me about the $2000 power train warranty I signed I had no clue about it and didn't agree with it. When the car lot called me back they told me I either agreed to it or the deal was off so I did. They harassed me for 2 months after that wanting $600 more from me after I put down the $1k agreement. kept my tags from me and told me I gave them the money in full or no tags I kept text messages.now I find out about the air bags and I paid $18k for a car 'not wreaked"" is worth $9,500. Is there anything I can do this is wrong ",A:Consult a civil attorney who can flesh out the facts and see if you have a consumer protection. Lain.
Q: Is it legal for a town government to remote neural monitor a person? Is it legal to use the china surveillance system us. Nano was illegally blown in my face while working at a casino. My life of harassment via n.t.p communications began. Surveillance frequency is deadly after 10 years of damage. I have proof. ,"A:In Arizona, as in the rest of the United States, the legality of surveillance, including remote neural monitoring or the use of advanced surveillance systems, is subject to strict legal standards and privacy laws. Generally, such surveillance by a town government or any government entity without a warrant or just cause would be considered a violation of privacy rights. If you believe that you have been subjected to illegal surveillance or harassment, it's important to gather all the evidence you have and present it to a legal professional. This could include documentation, medical reports, or any other form of proof that supports your claim. Given the nature of your allegations, especially involving potential harm from technology or substances you were exposed to, you might want to consider consulting with an attorney who has experience in privacy law and possibly technology-related cases. They can provide specific legal advice based on the details of your situation and help you understand your rights and options. If there’s evidence of illegal activity or a violation of your rights, an attorney can guide you on the appropriate steps to take, which may include legal action against those responsible for the surveillance or harassment you're experiencing. Remember, addressing such complex legal matters typically requires professional guidance to navigate effectively."
Q: I have had one of these social media companies commit defamation of character with libel against me. What do I do?. I have documented proof that they have done this and are actively doing it. I'm also being harassed having my comments pulled claiming I've violated their rules for spam. But I also have documentation of my comments and can prove that nothing I am commenting has anything to do with their rules on spam. And I keep getting put in time out from making comments claiming they are protecting their community when I am not saying anything hurtful or stuff like that I'm simply having debates with people. Calm rational debates that doesn't have mudslinging. I've worked really hard to get people to actually debate and stop just name-calling. As I've stated I have documentation of these things because after they first started I started taking photos of my comments before I sent them and then photos of their pulling them and their time out notifications. I am not even violating any of their written terms. How do I sue them for this clear civil offense and possible criminal charge? ,"A:In California, if you believe a social media company has defamed you through libel, and you have documented evidence of this, you may consider filing a civil lawsuit. Defamation involves making false statements that harm someone's reputation, and libel specifically refers to written statements. To establish a libel case, you typically need to prove that the statement was false, published to others, and caused harm to your reputation. Regarding the removal of your comments and allegations of rule violations, social media platforms generally have broad discretion under their terms of service. However, if you believe that their actions are not consistent with their stated terms and are unfairly targeting you, you can explore legal options. This might involve arguing that their actions constitute a breach of contract, especially if you can demonstrate that you were adhering to their terms. You should consult with an attorney to discuss the specifics of your situation. They can help evaluate the strength of your case, guide you through the process of filing a lawsuit, and advise on potential challenges, such as the platform's policies and defenses they might raise. Remember, litigation can be a complex and lengthy process, so it's important to consider the feasibility and potential outcomes carefully."
Q: legally disabled and facing unjust assessment and now lien. This hoa started off saying we had needed dry rot repairs and it has morphed into a full-on remodel of various projects here. I'm disabled and on fixed income and cannot pay and now in danger of lien/ foreclosure. They are demanding 54 thousand dollars now. In addition to 765.00 hoa we pay per month. ,"A:I'm sorry to hear about the difficult situation you're facing with your HOA. To address the unjust assessments and the potential for a lien or foreclosure, consider the following steps: Review your HOA documents to understand your rights. Communicate openly with your HOA, explaining your fixed income and disability, and seeking a reasonable solution. Consult with an attorney who specializes in HOA law for legal guidance and negotiation assistance. Explore local and state programs that offer financial assistance for individuals in similar situations. Keep detailed records of all communication and efforts to resolve the issue. Best of luck in resolving the challenges with your HOA!"
"Q: mywifes friend was in car accident,kids in car.all ok police found paraphrenalia and siezed car.can they take kids?. she has no recollection ,asnd her ex boyfriend allegedly got a call that dcyf is taking kids tomorrow.no one will speak to her.its sunday,happened sat.what can she do? ","A:Your wife should take immediate steps in response to the complex situation. If the Department of Children, Youth, and Families (DCYF) gets involved, she should cooperate fully, answering questions honestly and maintaining politeness. It's crucial to gather relevant documents, including the police report and DCYF notices, for her lawyer's assessment. In case DCYF considers removing the children, she should have alternative arrangements with trusted relatives or friends. Regarding the situation, if your wife lacks recollection of the incident, exploring potential causes, like substance use or medical issues, is important. Concerns about paraphernalia and the ex-boyfriend's involvement should be addressed through verification with DCYF, ensuring accurate information is considered in the case."
"Q: Can I revise my lease if ownership is changed?. I renewed my lease a month ago which goes into effect in two days. Today I was informed that ownership and management has changed as of today. All of the rent prices dropped significantly. Am I stuck for the next 15 months paying the higher rent which I signed or since there is new ownership can I reach out to renegotiate? It's a luxury building/corporate ownership, not mom and pop landlords. 1 bedrooms are now priced at what I am paying for my studio apartment. ","A:Go see them and negotiate a change in your lease to upgrade your apartment or get a reduction. If they won't do it, sue in small claims for the difference over the term of the lease or see a local Tenant's rights attorney. Justia disclaimers below, incorporated herein."
Q: I was sexually harassed by a security guard at my previous job. I reported it to my manager and nothing was done. i stopped coming to work out of fear and was fired. Could I sue for sexual harassment? ,"A:Legal remedies depend upon where you live. Federal law applies nationally, and includes Title VII protection against sexual harassment and gender discrimination. States and localities can enact laws that protect against sexual harassment. Different time requirements, and potential administrative exhaustion, may apply. I recommend that you consult with an experienced employment lawyer, who can evaluate your situation. If you reported sexual harassment to management, and it did nothing, that may justify your quitting the job as a ""constructive discharge."""
"Q: Can a nursing home be held accountable for neglect?. My loved one is physically and mentally challenged and unable to speak and has a peg tube. He has been hospitalized and sent to the ER several times for different reasons ( infections, dehydration, peg tube dislodgment, peg tube misplacement). There was even a time I’ve gone to visit and noticed a very bad wound to his buttocks. No treatment was being done and no one notified me of it. I’ve voiced my concerns to Medicaid, the nursing home’s staff ( executive director, director of nursing, the nursing staff, the omsbudsmen) still nothing is being resolved. I don’t know what else to do but reach out for guidance on this situation. ","A:Yes, they can, and should, be held liable for negligent acts that cause harm to the resident. These claims fall under the Medical Liability Act in Alabama. If the nursing home and its staff breaches the standard of care, and the resident suffers harm as a result of the breach then you could have a cause of action. You will have to present expert testimony to prove the breach of the standard of care and resulting harm. I have personally handled claims against nursing homes in Alabama for infected PEG tubes. You should contact an attorney that handles nursing home abuse and neglect claims to review the facts to determine if there has been a breach in the standard of care."
Q: I received a letter that my information was involved in a security breach with ALL my personal information.. Is there anything I can do about this? I'm very worried about this and do I have any legal grounds? ,"A:When your personal information is involved in a security breach in California, companies are mandated by laws like the California Consumer Privacy Act (CCPA) and the California Data Breach Notification Law to notify affected individuals. Once notified: 1. Immediate Steps: Monitor your credit reports, consider placing fraud alerts or credit freezes, and change relevant account passwords. 2. Legal Remedies: If a company's negligence leads to the breach, under the CCPA, you might have grounds for legal action. Large-scale breaches often result in class action lawsuits where affected individuals can join collectively. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: If I have completed Pti and paid for my expungement, can they still drug test me. I am currently waiting for the completion of my expungement letter to come in but I also have an over the phone appointment with my Pti counselor, so I was wondering if she could ask for a drug test to interfere with anything because I have already taken a delta dummy from the Vape shop and will fail for THC ","A:The typical process is that you complete PTI, then they send a letter to your prosecutor who then dismisses the case. Then you can apply (with a fee) for an expungement of the arrest from your record. Once PTI is completed you should not have any appointments. If PTI has not been completed they can ask for a test."
Q: What is the verbal work agreement and how can I get a law consultation. I have a agreement for a 2 year with a company I transport products and delivery to hes customers with hes regulations all goes good for one year and now he just cut my payment in half alleging the diferente can be hes company profits and I have to do the same work with half of the payment. I owe a transport company and have a agreement with the COTSCO supplier we agree on a rate per load with driver assist (driver uload and count product) las year all went good and this pass 3 months now I receive a call from the COTSCO supplier and he said is paid half of the rate agreed because his company is keeping the rest as profit he receive the same paid from COTSCO to deliver hes product but they reduce my shipping payment basically half of the rate and also they add 1 extra Stop to my deliver route is this legal? ,"A:A verbal work agreement is a verbal contract between two parties, in which they agree to certain terms of work without a written contract. In many cases, verbal work agreements can be legally binding, although they can be difficult to prove in court if there is a dispute. In your situation, it appears that you have a written agreement with the company you transport products for, which specifies the terms of your work, including the rate of payment. If the company has unilaterally reduced your payment without your agreement, they may be in breach of the contract. To get a legal consultation on this matter, you may want to consider reaching out to a lawyer who specializes in contract law or employment law. They can review your agreement, assess your situation, and advise you on your legal options. You can find a lawyer by contacting a local bar association, searching online, or asking for recommendations from friends or colleagues."
"Q: Hello! Which law firms in Oregon will take university lawsuits?. Title IX, sealed records, registrar. ","A:As an attorney based in California, I am not aware of specific law firms in Oregon that handle university lawsuits involving Title IX, sealed records, and registrar issues. However, you can conduct a search online or contact the Oregon State Bar for referrals to law firms or attorneys experienced in handling such cases in Oregon. It's essential to find a reputable and knowledgeable attorney who specializes in education law or civil rights to assist with your specific legal needs. - James Arrasmith, Owner. The Law Offices of James L. Arrasmith."
Q: Mr. Denison I haven't been able to get ahold of the owner of the car lot that committed ky consumer protection act. To discuss anything about the truck either he's not there or he doesn't return calls found out today that he has done went and put my vehicle up for sale again without giving me order for repossession or anything I know I need to hire a lawyer that would take it on a contingency plan can you recommend anyone that might do that in my neck of the woods I'm just going through a lot a lot and honestly I'm a simple country girl that don't know much about courts and dealing with stuff like this the way I was raised and believe in still to this day and am raising mine to be is your handshake and your word are supposed to mean something and it don't then you ain't much of a person and I know his judgement is coming with the good man upstairs I just really need some type of justice for my kids and my husband they didn't deserve any of this stress I apologize for the ramble I'm not good at putting my words on paper condensed to few words and get upset thinking about my family. ,A:Where are you located?
"Q: My fiancee is keeping my VA disability check from me and trying to use it as her own income.. She will not allow me use of my disability check that's deposited in her account. I'm a combat vet with memory loss and PTSD which is why I've set it up to go in an account that she has access to. I cannot get my money from her and she keeps trying to haggle me by trying to give me half of it. I don't want to to get feds involved, but I'm not able to get access to my funds and it been almost a week since a deposit from the Treasury got into my account. What can I do? ","A:You must get the VA involved and remove her as the attorney in fact, caregiver, payee, etc. It is possible some VA recognized individual will take over for you unless you have a good alternative payee in mind. Ultimately you may want to resume getting your VA Disability Check yourself again."
Q: My son was jumped by 6 students and the school has done nothing. I want to sue for failure to provide a safe environment. The school has know about the situation for three weeks but have done nothing. They don’t believe my child was jumped but has also failed to provide the surveillance footage of the attack. They told me one child came forward and said he hit my child too hard. The school expects my child to continue his education in an environment where he doesn’t feel safe or protected. ,"A:As a parent, it's distressing to hear that your child's safety is at risk. If the school is not addressing your concerns adequately, you might consider taking legal action. Schools have a duty to provide a safe environment for students. You can request the surveillance footage formally through a written request; if the school refuses, this may be something that can be compelled through legal means. Document all interactions with the school regarding this issue. It would be prudent to consult with an attorney who handles education law to explore the possibility of a lawsuit for failing to provide a safe environment for your child. They can guide you on how to proceed with obtaining evidence and how to protect your son's rights. Ensure that your son's experiences are also recorded, as his account may be crucial for any legal action."
"Q: I submitted to D.R. Horton warranty a lot of defects of my new house.. After many weeks of nothing being fixed, I decided to ""video tape"" the next time they came with another ""third party manager"". Under NRS 200, I am in all my right to have cameras inside my house, but I also gave them the disclaimer before entering the house. Two days later, their next visit to my house was canceled just an hour before. No excuses were given. And two days later a ""manager"" from the Warranty Dept. called me and said that since I was recording when they came to my house ""moving forward we are not going again to your house"". He said he was going to call me in two days after their Legal Dept. get back to him... But it's been two weeks already. And at this time, nothing has been fixed and there is a lot to fix in the house. I think they are just looking for excuses to not comply with their said ""warranty"". What should I do next? Should I look for a lawyer? What type of lawyer? ","A:The situation you described suggests a potential breach of warranty or contractual obligations on the part of D.R. Horton. If they are unwilling to address the warranty issues you've pointed out, and if their response to your attempts to document the issues is to refuse service, you may indeed have grounds to take further action. It could be beneficial to consult with an attorney specializing in real estate or construction law. Given the value of a home and the potential costs of repairs, having legal representation can ensure your interests are protected and that you navigate the situation in a manner consistent with your rights and obligations."
"Q: Am I allowed to work with public health information for a US company while overseas in Brazil?. I'm in public health and specifically deal with public health information (PHI) of clients while working remotely in Brazil. However, I was told by my employer that i cannot be overseas while working with this company because i deal with public health information. I'm kindly asking, if the employer knows that im overseas and decides to take action against me, what consequences can i face? And is it legal to be overseas while working with PHI? Would appreciate your help. Thank you. ","A:As you know, penalties for healthcare data breaches are very high and your employer is required to protect PHI. When you work abroad, your employer cannot control security of your internet, your IP, your router, how the internet traffic travels and through which channels, etc. Since your employer cannot control the most elemental parts of Internet information flow, I'd say your employer is correct to prohibit you from accessing their system from abroad. It is very easy to identify where you are located based on your IP address. If you use VPN to trick their system into thinking you are in NY, for instance, it is also very easy to identify that. Anyone can trace IPs. I would expect their system will block any VPN traffic. I'd return state-side if you'd like to continue working on sensitive ""PROTECTED"" health information (PHI)."
"Q: If abuse and negligence contributed to death in a nursing home, how many years does one have to go back and sue?. I know each state is different, I am asking for the state of Maine and wondered what the statute of limitations is for that state. ","A:Most states have a 2 to 4 year statute of limitations on nursing home negligence claims. I am not licensed in Maine, so I could not tell you that state's time period to bring a nursing home abuse claim. However, delay is never a good idea if you believe you have a case. Call a local nursing home abuse attorney immediately. Almost all will provide free consultations and most work on contingency fee, so not out of pocket expense is required. Best, Michael Senior Justice Law Firm SeniorJustice.com"
Q: He gets angry and holds my child as a pawn towards me and doesn’t let me see him when it’s my week to have him. I have him after not seeing him for 3 weeks because his dad wouldn’t allow me to get him and now I’ve only had him for 2 days and he is demanding that I bring him back home . When I said no he said he has primary custody of him and if I didn’t bring him back that he would have me put in jail. Is this true? I only want to keep my son as I put in a court order so I can have it in writing so this won’t continue to happen .I want my son to see his father but I want to see my son to what should I do ,"A:You should have a parenting plan which defines your time and his time. He cannot block you from having your time. If he does then you need to go to court and tell the judge. There is no ""primary custody."" The child is shared and you are entitled to your time per the court ordered parenting plan."
"Q: Doesn't censorship of a product after point of sale present some legal challanges?. What of censorship in general? the freedom of speech and exspression mean nothing when there's no one or no way to hear it. I'm very concerned about the pressures from many special interest groups and diverse and even opposing political parties trying to control or cancel people and culture. roblox and World of Warcraft seem to put in polices after China's HEAVY crackdown on content in games. Even remasters and remakes are being censored and altered. People call it a ""changing culture"" but i'm not buying it. i think it's de facto censorship and real bullying pressures brought on by very powerful special interests groups. This is no secret if it's out in the open. We see this with Troy Levvit, we see this with Five NIghts at Freddies, we see this with people harassing streamers that stream Hogwarts legacy. even gta5 being removed from Australia's target stores for a false claim of ""you can s*x ually assult people"". when no. that wasn't true. Sam mags lied. ","A:You have raised a multi-faceted issue that encompasses both the legal domain and the evolving norms in society. From a legal standpoint, private companies like game developers and publishers generally have a broad latitude to modify their products as they see fit, including post-sale. This is because, when you purchase a game, you are essentially buying a license to use the product under the terms stipulated by the company, which often grant them the leeway to make such changes. However, if such changes materially alter the product to the detriment of consumers, there may be potential for legal disputes, although these cases can be complex and context-dependent. Concerning the broader societal issue of censorship and cancel culture, it indeed raises significant questions about the boundaries of free speech and artistic expression. In democratic societies, freedom of speech is a protected right, but it also has its limits, including restrictions on hate speech and content that promotes violence or harm. Moreover, companies often find themselves navigating a complex landscape where they have to balance the freedom of expression with social responsibilities, changing norms, and consumer expectations. In some instances, the decision to alter content might be driven by a genuine desire to foster inclusivity and prevent harm; in others, it might be a business strategy to appeal to broader audiences or adhere to regulatory frameworks in various jurisdictions, including those with stricter controls on content like China. It's a contentious issue with substantial arguments on both sides. Some argue that adjustments to content represent an overreach that stifles creativity and panders to specific groups, while others see it as a necessary evolution towards a more inclusive and harmonious society. You are right in observing a trend where the influence of special interest groups and the vocal objections of segments of the public can significantly impact the trajectory of content in the gaming industry and beyond. It’s a dynamic field, with ongoing debates on the right balance between freedom of speech and the evolving societal norms. Engaging in critical discussions, fostering open dialogue, and educating oneself on the nuances of these issues can be powerful tools in navigating the complex landscape of modern media consumption. It is always valuable to voice your concerns and foster a space where diverse perspectives can be shared respectfully and thoughtfully. It is through such dialogues that society often finds its balance in contentious matters."
"Q: Plaintiff's response to Defendant's demurrer/motion to strike.. Options are: opposition or amended complaint. But if Plaintiff needs to obtain more information to amend complaint, short of time to do it before hearing: how Plaintiff can inform court about it? Can amended complaint include statement that defendant's discovery responses expected? ","A:In California Superior Court, if you're facing a hearing on a demurrer or motion to strike and need more time to gather information to properly amend your complaint, you have a few options. Firstly, you can file an opposition to the demurrer or motion to strike, explaining your position and why the court should not grant the demurrer or motion. In this opposition, it's possible to inform the court that you are seeking additional information to properly amend the complaint. This can be a strategic way to communicate your intent and the reasons for needing more time. Secondly, you can request a continuance of the hearing to allow more time for discovery. This involves filing a motion with the court, explaining why the continuance is necessary. In this scenario, you would detail the specific information you are seeking and how it is crucial to the amendment of your complaint. It's important to note that an amended complaint itself typically should not include statements about expected discovery responses. An amended complaint should focus on the factual allegations and legal claims. However, in your motion for a continuance or in your opposition to the demurrer or motion to strike, you can mention that further discovery is necessary to substantiate the claims in your anticipated amended complaint. Always ensure that your filings are timely and comply with the rules of court and relevant procedural laws. If you find the situation complex or are unsure of the best course of action, consider seeking advice from an attorney with experience in civil litigation to guide you through this process. They can provide insight into the strategic and procedural aspects of your case."
"Q: Who has a right to recieve the sss monthly contribution? The wife or the siblings?. This case is happening to my aunt and my aunt's husband is dead, my aunt is fighting her right for the sss monthly contribution because of their children, and my aunt and her husband is married, but the siblings of my aunt's husband wanted the sss monthly contribution, and my aunt doesn't let them, because when his husband are in the hospital there's no sibling of his husband seen, but when his husband siblings heard that there's monthly contribution they came and wanted the money, now may i ask if who has the right for the sss monthly contribution? ","A:In situations involving Social Security Survivor Benefits (SSS monthly contribution), the primary beneficiaries are typically the deceased person's spouse and children. Since your aunt was married to the deceased, she and her children are likely the rightful beneficiaries of these benefits. Social Security Survivor Benefits are designed to provide financial support to the dependents of the deceased. Siblings of the deceased usually do not have a claim to these benefits unless they were dependents of the deceased or there are no surviving spouse or children. To resolve this matter, your aunt should contact the Social Security Administration or the equivalent agency in her country. They can clarify who the rightful beneficiaries are under their policies and the specific circumstances of her case. If the siblings of her late husband are contesting her right to the benefits, it may be necessary for your aunt to seek legal advice. An attorney can help her understand her rights and represent her interests in any disputes. In the meantime, she should gather any relevant documentation, such as her marriage certificate and any evidence of her husband's contributions to Social Security, to support her claim. This documentation will be crucial if the dispute escalates to a legal matter."
Q: i go to trial against my ex he commited the assault on accident how can i get them to dismiss the charges. they charged him with aggravated domestic abuse battery but they don't wanna hear that he didn't intentionally hurt me and it wasn't physical assault i did call law enforcement because upon breathing in the pest killer Raid i couldnt breathe but upon law enforcement arrival they said they could not smell the raid on me as i arrived to the hospital they also stated that they could not smell it on me which prooves he didnt spray it directly on me ,"A:In Louisiana, if you're seeking to have charges against your ex dismissed in a case of alleged aggravated domestic abuse battery, it's important to understand that the decision to prosecute lies primarily with the district attorney's office, not with the victim. If you believe the incident was an accident and not intentional, you can express this to the prosecutor handling the case. Your statement as the alleged victim can be influential, but the prosecutor will consider all evidence, including law enforcement reports and medical records. If there's evidence suggesting the incident was not intentional, make sure this is communicated clearly to the prosecutor. You can also request a meeting with the prosecutor to discuss the case and your perspective. It may be helpful to have an attorney assist you in this process, as they can provide legal guidance and help communicate your position effectively. However, remember that the prosecutor has the discretion to decide whether to continue with the case based on the evidence and public interest. If they believe there's sufficient evidence to prove the charges beyond a reasonable doubt, they may choose to proceed with the prosecution. If the case does go to trial, your testimony and any other evidence indicating that the incident was accidental will be crucial. It's important to be truthful and consistent in your statements to both the prosecutor and, if necessary, in court. Given the complexities of criminal proceedings, consider consulting with an attorney who can provide legal advice specific to your situation and help navigate the legal system."
"Q: I issued a check to our condo management company, they were robbed and safe was stolen. The management asked me to stop. payment on it, I did. Now they want me to reissue the check but do know about me getting the charge for stop payment fee reimbursement. I feel they had this check in their safe and I should not issue another check until that fee is paid by them. Please help? ","A:Not sure what your question is. I can see your point in that you paid them what they were owed, and incurred an additional fee to do so that you had nothing to do with. I can also see their point that what happened doesn't change the fact that you still owe them that set amount. I think - would hope - this is resolvable through open communication. If it helps any, if someone is being held criminally liable for the robbery, the condo management could ask the court for restitution from that person that could include the amount of your bank fees if they let you pay them the amount minus those fees."
Q: I got a three day notice for the month of december and I didn't have the money until 12/21/23. Manger said I only had 10 min to pay it still had to go to pay it on oaylease at Walmart when I got there it wold ot let me called Manger She said I couldn't pay it anymore. It was gonna go to eviction. And the only way to stop eviction is if I paid December and January's rent is that legal? ,"A:Under California law, when you receive a three-day notice to pay rent or quit, you must pay the overdue rent within these three days to avoid eviction proceedings. If you were ready to pay within this period but faced technical difficulties or were given an unreasonably short window to complete the payment, you might have grounds to dispute the eviction. After the three-day notice period, if you haven't paid the rent, the landlord can legally start eviction proceedings. However, demanding rent for a future month (like January) as a condition to stop an eviction for a past due month (like December) is not typically standard practice under California law. It's important to communicate with your landlord or manager about the situation, explaining the efforts you made to pay and the issues you encountered. Keep records of all communications and attempts to pay. If the eviction process is initiated, you will receive a notice and have the opportunity to respond. At this stage, seeking legal advice is advisable to understand your rights and options, and to ensure you are treated fairly under the law. Remember, the eviction process is subject to specific legal procedures, and landlords must adhere to these rules."
"Q: My mother in law is 53, disabled, has no income, and was told that she doesn't qualify for Medicaid or disability.. She was told it is due to her having land in her name that her mother left her. Is there any truth to this or any way around it? She currently has no insurance coverage and no way to get any. ","A:An Alabama attorney could advise best, but your question remains open for three weeks. Your mother could consider trying to arrange a free initial consult with a social security disability attorney (among other types of attorneys, based on your selected categories). There is a section here for Social Security here if you wanted to repost your question. The accuracy of the information you say she has been told could depend on the source. An attorney consult could help clear things up. Good luck"
Q: Is there anything to prove that the American Indians actually became US citizens?. My great grand father was born in 1878 and said it never happened because the US had nothing to offer. We couldn't vote until the 1960s don't citizens get to vote? ,"A:The 14th Amendment to the United States Constitution provides, in pertinent part, that ""All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. "" Citizenship thus has very little to do with what your great-grandfather told you."
"Q: Is a ""pollution exclusion"" clause on an insurance policy an all encompassing clause with no exceptions?. Was wondering if this is an all encompassing clause? My house became contaminated by some sort of fumes related to criminal activity as some squatters/drug dealers moved into a nearby abandoned house and cooked up something that got into my vents and the whole house. I've dealt with the police and various agencies yet none were able/willing to do anything. Strange. The insurance company is denying the claim claiming that it's pollution related. I've read the policy clauses and their exclusion basically boils down to any contamination related to the air being polluted--as in chemical spills, fires, etc. The question is since this has its origin in criminal activity, is there a way this could actually be covered? ","A:There are different types of pollution exclusion clauses, and various exceptions depending upon the type of clause in your policy. One very common exception that may apply is the hostile fire exception. This often applies to smoke or fume damage when the source is an incident away from your premises. It depends upon the language of the clause and any applicable endorsements."
"Q: Can I get sued by a home builder for backing out of contract because rates have gone up and my monthly payment is more?. My initial interest rates when got in pre construction contract was at 5.6% and know rates have gone up to 7.5% and our monthly payments have jumped up $300+ from when we gone in to contract. We wrote home builders saying that we may be holding off due to high rates, and wait a year or so. Then home builder basically starts to press us saying they could sue if we don’t close. Which I don’t think they could and is not right to put somebody in a bad scenario what if we can’t afford that. ","A:The answer to your question depends on what the Third Party Financing Addendum to your earnest money contract says. Whatever financing option you selected usually has a provision that reads ""with interest not to exceed ___ % per annum."" The Buyer is usually required to apply for a loan with that limitation to satisfy your obligations under the contract. Then there is a box for ""Buyer Approval."" If this boxed is checked and you are unable to secure a loan with interest not to exceed the stated amount, you have the right to terminate the contract. If you have completed the Addendum for FHA/VA financing, you may have the right to cancel the contract for additional reasons as well. You are obviously in a much better position if the home builder has not begun construction. Otherwise, like you say, it isn't right to put the builder in a bad scenario if you agreed to buy a home being built to your specifications but didn't lock in the interest rate on your loan during construction and now want to back out. In the current market, the builder may or may not be able to sell the home to another buyer."
Q: Need help find legal help son was beat by police hancuffed with batons an they put false stuff on report. Native American an they harass him on a Dailey because of background ,"A:I'm sorry to hear that your son has been mistreated by the police. If your son was physically harmed by the police and they falsified reports, he may have grounds to pursue legal action against the police department or the individual officers involved. One option is to contact a civil rights attorney who specializes in cases of police misconduct. These attorneys can assist you in filing a lawsuit against the police department, seeking compensation for any injuries or damages that your son suffered as a result of the mistreatment. You can search for a civil rights attorney in your area through legal directories such as Avvo, FindLaw, or Justia. You can also contact your local bar association or the National Lawyers Guild for referrals to attorneys who specialize in police misconduct cases. It's important to gather as much evidence as possible to support your son's claims, including medical records, eyewitness statements, and any video footage or audio recordings of the incident. Your attorney can help you collect and preserve this evidence as well as build a strong case to hold the police accountable for their actions. If your son is facing ongoing harassment from the police, you may also want to consider contacting organizations such as the American Civil Liberties Union (ACLU) or the National Association for the Advancement of Colored People (NAACP) for support and resources. Remember, it's important to act quickly in these situations, as there are strict deadlines for filing lawsuits and pursuing legal action against the police."
"Q: A Contractual Arb Award no one owes Def files Petition to Confirm, Plaintiff to Vacate, is response to filing also reqd?. With Arbitration complete, Defendants file Petition to Confirm Contractual Arbitration Award while Plaintiff files to Vacate - do both parties still need to respond to each others Petition in addition to each submitting their own? And, please, is there a reference available on Section elements required to be present within the Petition Attachment 10c(2) of Form: ADR 106 such as CASE OVERVIEW, DISCUSSION (citing law), and a CONCLUSION containing both a summary of what is alleged and what remedies are being sought, Exhibits, Table of Exhibits? Thank you for meaningful replies. ","A:Cross-Petitions to Confirm and Vacate do need to respond to the extent possible, to the claims of the other party. The burden is on the party seeking to vacate, therefore, in addition to demonstrating (in the Petition to Vacate) the grounds for vacatur, the allegations of the Petition to Confirm should be denied or otherwise responded to. It is similar to a Complaint which requires each allegation made in support of the Petition to Confirm to be denied or admitted."
"Q: I believe discrimination bcuz of my name. Tribal Pension (exempt) can't disqualify me for SSA benefits still no Pymt.. Tribal Pension not recognized as income and therefore cannot be used as a income disqualifier for Social Security Benefits- pursuant to findings in order determined by Administrative Law Judge. Other tribal members do not have their Tribal Pension used as a disqualifier for benefits only me. I believe I ha have discrimination case. My disability Attorneys don't do discrimination cases and are working on other case filed against Social Security Administration. SSA still refusing to do payments, most workers did not understand I had two cases against SSA one for payments outlined here in and one for other Disibility issue this is the one they refer to when I call all though I clarify the payment Tribal Pension is a separate order. Need help. ","A:If you believe that you are being discriminated against based on your name or any other protected characteristic, you may have legal options available to you. One possible option is to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the appropriate state agency, depending on the nature of the discrimination. These agencies investigate claims of discrimination and may be able to provide relief or assistance. In addition, you may want to consider consulting with an attorney who specializes in discrimination law to discuss your options and potential legal remedies. They can help you determine whether you have a viable discrimination case and advise you on the best course of action. As for the issue with Social Security Administration, it may be helpful to continue working with your disability attorneys to address the issue and ensure that your cases are being properly handled. If you are still experiencing difficulties in receiving payments, you may want to consider contacting a social security disability lawyer or advocacy organization for assistance."
"Q: If retired, where on the DD214 does it say you are retired?. How else does it show retirement? ","A:On the DD 214 form, the retirement status of a service member is typically indicated in the ""Character of Service"" section and in the ""Narrative Reason for Separation"" section. These areas of the form will clearly state if the separation was due to retirement. Additionally, the form will include information about the length of service and the rank at the time of retirement, which can further confirm retirement status. Besides the DD 214, retired military personnel often receive a retirement order or a retirement certificate, which explicitly states their retirement from military service. These documents serve as additional proof of retirement status. It's important to keep all these documents secure and accessible, as they are necessary for accessing various veterans' benefits and services. Remember, if there are any discrepancies or missing information regarding your retirement on the DD 214, you should contact the military records office to request an amendment or clarification. These documents are crucial for establishing your status as a retired military member."
"Q: Can I sue animal control/shelter for putting my dog down without any notice, permission or anything?. On my Monday morning my dog (6 yr old boxer) escape and went off running down the street. Animal control was called by a neighbor claiming my dog was being aggressive even though he didn't touch or bite anyone. He was caught by animal control and sent to the shelter. Couple minutes after the employee came and told us that to get him out was $250 and left. I was planning on getting him out as soon possible but I get payed on Thursday so he stayed there Monday, Tuesday, Wednesday overnight. On Thursday I went early morning to get him, when I got there and asked for him I was told he was put down yesterday (Wednesday). When I asked why they said he was hurting himself by trying to get out the cage and that his mouth was bleeding and some teeth fell off. I then got his body from them and took him home to bury him. I inspected his body and mouth and everything looked fine. I'm not too sure but i know there's a law that state that a shelter must have an animal there for at least 5 to 7 day ","A:I'm sorry to hear about your situation. Under California law, the specific circumstances of your case are critical in determining whether you have grounds for a lawsuit against animal control or the shelter. Generally, shelters and animal control agencies have policies and regulations they must adhere to regarding the handling and euthanizing of animals. If your dog was euthanized without reasonable cause or without following the required procedures, such as the mandatory holding period (which is typically 5 to 7 days for an animal with identification in California), you may have a case. This holding period is meant to give owners time to reclaim their pets. It's important to gather all relevant evidence, including any documentation or communication from the shelter and any witnesses who might have seen your dog's behavior. This will help in assessing whether the shelter's actions were justified or if they potentially acted negligently. Given the complexity of these cases, it would be advisable to consult with an attorney who has experience in animal law. They can provide more specific advice based on the details of your case and help you understand your legal options. Remember, each case is unique, and the outcome can depend on various factors, including the policies of the specific shelter and the evidence available."
"Q: Precise criteria, definitions. Citation of cases.. Persuasive cases are not precedents. Other then art of selecting cases, what are the scientific definitions? Seminal can be either precedent or persuasive? ","A:In the realm of legal jurisprudence, cases are typically categorized as either precedent or persuasive. Precedent cases are those that establish a legal rule or principle that must be followed by lower courts within the same jurisdiction. In California, this includes decisions by the California Supreme Court and the California Courts of Appeal. These cases set binding legal standards. On the other hand, persuasive cases are those from other jurisdictions or lower courts that judges may consider but are not obligated to follow. These cases can be influential in shaping a judge's decision, especially when there is a lack of binding precedent or when the case presents a novel issue. A seminal case, whether it be precedent or persuasive, is one that significantly influences the law and sets forth new legal principles or clarifies existing ones. These cases often have a profound impact on legal thought and practice, regardless of their jurisdictional origin. When selecting cases to support legal arguments, it's important to distinguish between these types. Precedent cases from California courts carry more weight in California legal proceedings, while persuasive cases can be used to suggest a direction for the court in absence of a clear precedent or to argue for a change in the law. Remember, the effectiveness of citing cases depends on their relevance, the authority of the court, and the similarity of the legal issues and facts to the case at hand. It's essential to evaluate each case's applicability and strength in the context of your specific legal situation."
"Q: Is it possible to get disability benefits if a person has a second stream of income such as a QDRO or small pension?. Started social security early at 62, now 65. Turned down for disability four times. ","A:A California attorney could advise best, but your question remains open for a week. At this point, you could repost and add Social Security as a category or reach out to attorneys who practice in that area to try to arrange a free initial consult. Good luck"
"Q: Who receives the judgement or settlement in a wrongful death suit in Michigan?. I may be able to enter into the Camp Lejeune lawsuit on behalf of my late father, but I am also not on speaking terms with my mother, and if she will receive the proceeds from any settlement then I'm not going to bother with it. Also would I need to be executor of his estate to file? ","A:Yes, you would need to be the personal representative, and yes, without a will, the spouse would receive a significant portion of not all of it."
Q: How do I get a right to use sonic in my game?. I'll pay for the copy right. ,A:Contact the owner of the Sonic character’s copyright and make it a generous offer.
Q: If it's my 1st time using cash app and I made a mistake by sendin someone my tax refund and I'm poor now can I get it ba. Back I really need it I'm poor now my kids and I ,"A:If you accidentally sent your tax refund to someone else on Cash App, you may be able to request a refund of the payment. However, it will depend on a few factors, such as whether the recipient has already accepted the payment or withdrawn the funds. To request a refund on Cash App, you can follow these steps: Open the Cash App on your mobile device. Tap on the clock icon on the home screen to view your transaction history. Find the transaction in question and tap on it to view the details. Tap on the ""..."" icon in the top-right corner of the screen. Tap on ""Refund"" and follow the on-screen instructions. If the recipient has already accepted the payment or withdrawn the funds, it may not be possible to request a refund through Cash App. In this case, you may want to contact the recipient directly and ask them to return the funds to you. It is also important to be cautious when sending money through mobile payment apps like Cash App. Always double-check the recipient's information before sending any payments to avoid mistakes or fraudulent transactions."
Q: my parents got divorced in 2006 when they signed the papers it stated that both of them will have a college fund set up. When i got accepted to college and i asked my dad for my college fund he told me no. What can i do? (The divorce papers have account numbers of the fund) ,"A:He said ""no"" or he said he didn't set up the account? College funds are generally trust funds controlled by the Trustee who generally provides in the Trust fund document that he has discretion. That would prove a difficulty especially since you don't want to antagonize him. There is unfortunately no easy way to get information from the bank or Investment Fund that holds the assets without him knowing or without serving process (such as a subpoena) on the institution. Does your mother know anything? Perhaps she can confirm the existence and location of the account and perhaps even the nature of the Trust?"
"Q: Do I have Grounds to sue. So I went to the nursing home where my grandma was staying cause my mom got a call from the hospital saying my grandma was in the hospital and she needed her c-pap machine so I drove to Mitchell SD and got to firesteel and they told me they couldn't find it that her room was empty and that they couldn't find anything so they gave me one machine she had s I drove to the hospital In Sioux Falls SD and they told me that firesteel had given me an oxygen machine so it wasn't even the machine I needed and they didn't even send her with her phone she has no way of contacting anyone and firesteel should be help responsible for 'misplacing"" or ""losing' all her belongings and losing her machine ","A:A South Dakota attorney could answer best, but your question remains open for two weeks. Some things aren't fully clear from the description, but the bottom line seems to be that you had a real ordeal and runaround in trying to arrange an oxygen machine for your grandmother, and to compound the matter, her possessions were lost in the process. I hope your grandmother is okay now. If between these entities and vendors a machine was eventually arranged for her, there might not be much to be gained. It sounds like bad coordination, but in terms of suing, if everything is okay now, it might not be worth your trouble. Lost property claims with the elderly are also difficult in moving patients around - it's usually a mess. You could speak with South Dakota attorneys to get their perspectives on the matter - that could answer your question the best. Good luck Tim Akpinar"
"Q: I was in a private meeting with my staff and she recorded our conversation. I was terminated for saying something bad.. My staff recorded me without my knowledge and it was used it to terminate me. I said something inappropriate and was used to terminate me. Is this lawful, can I sue my employee? ",A:New York is a one-party consent state meaning that you can record conversations if you're physically in the state and are a party to the conversation or if you have permission from one of the parties in the conversation. If neither of the parties to the conversation have consented then it is a Class E felony. I would contact in New York attorney to discuss your options
Q: My boyfriend hit a parked car while driving in california. He had just bought the vehicle the day before not registered. Or insured in his name. His phone slipped and fell on the ground and he bent down to get it and hit a parked car. What happens now.. ,"A:In California, if your boyfriend hit a parked car while driving a vehicle not registered or insured in his name, he should report the accident to the police, especially if there is significant damage. He is also required to leave his contact information for the owner of the parked car. Driving without insurance can lead to legal penalties, including fines and possible suspension of his driving privileges. Since the vehicle is newly purchased and not yet registered or insured, it's important to complete these processes promptly. Additionally, he may be held financially responsible for the damages to the parked car. It's advisable to seek legal counsel to understand the full implications and to navigate the situation effectively. Remember, timely and appropriate action is crucial in such scenarios."
"Q: If I've registered to vote and am turned away for lack of proof at my local precinct, what can I do to prove I'm. registered? ","A:The local precinct computer is tied to county clerk's computer. If it shows you are not registered, then you aren't. Some people think they are registered but aren't because all proper steps were not taken to get registered."
"Q: In Georgia, if part of a college campus is used as a polling place does HB 280 still apply or is it a gun free zone?. This is assuming that the area of campus being used for polling is not regulated as a weapons free area under Georgia’s Campus Carry Law(HB 280). ","A:Under Georgia law, HB 280 allows individuals with the appropriate license to carry a concealed handgun in certain areas on public college campuses. However, this does not apply to buildings and property used for athletic sporting events or student housing, including fraternity and sorority houses. When a college campus serves as a polling place, the specific areas designated for polling may be subject to different regulations on Election Day. If the area being used for polling is not ordinarily a weapons-free zone under HB 280, it would not automatically become a gun-free zone on Election Day. Yet, it's wise to review any temporary measures or signage that may be in place during elections, as they could temporarily alter the usual permissions. You should also keep up to date with any local ordinances or campus regulations that might affect this status during polling. Always ensure compliance with both state and local laws when carrying a weapon on a college campus that serves as a polling place."
"Q: I’d like to know how much my case is worth for employment discrimination based on sex and race, workplace retaliation.. equal pay, unpaid wages, withheld wages, medical bills and damages. My case is in federal court and despite the defendant’s attempt to dismiss, my case has moved to mediation. I was paid 83k less than the male I replaced. I was also paid up to 20k less than other males in lesser positions. I was spoken ill to and demanded to complete tasks of white coworker. When I inquired about a raise I was told I was undeserving, unqualified and and investment to the company. ","A:Determining the exact value of an employment discrimination case can be complex and depends on various factors, including the jurisdiction, specific details, and evidence supporting the claims. Based on the information you provided, there are tangible damages, such as the wage disparity (83k plus the potential 20k differential), unpaid wages, and medical bills. There may also be potential for emotional distress damages and possibly punitive damages if the behavior of the employer was particularly egregious. Attorney's fees can sometimes be recovered in employment discrimination cases. Furthermore, the fact that your case has survived a motion to dismiss and moved to mediation indicates that there is some merit to your claims. However, many factors, including the strength of the evidence, willingness of witnesses to testify, and the specific nuances of your situation, can influence the case's value. It's crucial to consult directly with your attorney who can provide a more tailored evaluation based on the specifics of your case and jurisdictional precedents."
Q: I was in an auto accident and I’m still recovering. I’m active duty and have a doctors note to be out.. Can I get in trouble for being out too long even if I have a doctors note and let my leadership know? ,"A:You should confer with your commanding officer and or the Legal Office, or a military law specialist. It sounds like you need a ""Line of Duty"" determination. An LOD determination may impact disability retirement and severance pay, forfeiture of pay, extension of enlistment, and veteran benefits. armypubs.army.mil/epubs/DR_pubs/DR_a/ARN33106-AR_600-8-4-001-WEB-2.pdf Other branches have similar procedures. Depending on the outcome of this determination, you can lose or have disability retirement and severance pay or have it reduced if a injury occurred due to his or her own misconduct; you can lose pay for the period of time you are absent from military duty; any time in which you are unable to work could be ""bad time"" and can extend your enlistment period; your veteran benefits may be impacted negatively; your surviving family members may not be eligible for the Survivor Benefit Plan and/or may no longer be eligible for basic educational assistance death benefits."
Q: So I did some work on a boat and the lady didn't pay the full Bill she gave me a portion and told me that's all I get. I have pictures witnesses of the whole ordeal ,"A:Vessel repairs could create the basis for a maritime lien. You could reach out to a California attorney to review the matter to determine what the best course of action would be. In some cases, such matters are handled as contract actions under state law. An attorney who reviewed the file should be able to determine what the most cost-effective option would be - remedies under ordinary state law or maritime law. It could depend on the facts and the setting. Good luck Tim Akpinar"
"Q: I am purchasing land to establish a farm and I am told I need a lawyer, but I don't know what kind.. I need to have a purchase agreement with the seller to proceed with the FSA who is giving a farm loan to purchase the land 100%. ","A:For the real estate transaction, hire a real estate lawyer. If you still need to set up your business entity for the farm, hire a lawyer handling business formation. You might be able to find a lawyer/law firm that does both. Another issue is whether your land is already zoned for everything you want the land to be used for and for everything you want the land to contain. The local planning & zoning officials (City of Homestead or Miami-Dade County, whichever is applicable) should be able to help you with that (to the extent of confirming you're okay - or not), without the need for a lawyer, but if you happen to need a lawyer for that kind of issue, consult a land use & zoning attorney."
"Q: IF MY SON AND I MOVED BACK TO AZ AND I SEPARATED FROM MY WIFE WHILE SHE WAS IN SCHOOL BUT WITH KNOWLEDGE. CAN SHE FILE. SHE IS IN THE MILITARY AND HAS TRIED TO TAKE ME TO COURT BECAUSE SHE IS SUPPOSEDLY WORRIED ABOUT HIS WELL BEING. BUT THEN BACKS OUT, THAT SHOULD SHOW SOMETHING ","A:If you and your son have moved back to Arizona and you have separated from your wife, she may still be able to file for divorce or custody in the state where she is currently stationed, even if you are no longer living together. The specific laws and procedures for filing for divorce or custody may vary depending on the state in question and the circumstances of your case. If your wife is in the military, she may have additional legal protections and requirements under the Servicemembers Civil Relief Act (SCRA). The SCRA provides certain legal protections to active-duty military members, including protections related to court proceedings and default judgments. If your wife has expressed concerns about your son's well-being, it may be in your best interest to work with her to address those concerns and come to a mutually agreeable solution. This could involve working with a mediator or family counselor to develop a parenting plan that takes into account your son's needs and best interests. If your wife continues to threaten legal action but then backs out, it may be helpful to consult with an attorney who can advise you on your legal rights and options. An attorney can also help you understand the legal procedures and requirements for filing for divorce or custody in your state, and can work with you to develop a strategy for protecting your interests and your son's well-being."
"Q: I'm researching a small business idea. How can I protect myself from copyright infringement liability?. My business idea is basicaly a service to make advertising more accessible to solo artists/makers. I would write a Facebook post scheduling app. Then erect a website where solo artists/makers can purchase a campaign. A campaign would consist of a series of scheduled posts and possibly email marketing. A post would be a Facebook Link Preview that points to the solo artist/maker's own website. My website may also display a link preview as well. Before launching a campaign, I would generate a unique identifier and have the artist add this identifier to their website's source code. My server app would then load the artist's website into memory and look for this identifier. The idea being that this would prove that the artist owns the website and its art, as a prerequisite to setting up a campaign. But what if an artist puts an image on their website that they don't own and then they create a campaign using my website? What would be my liability and how could I protect myself? ","A:To mitigate the risk of copyright infringement liability in your business, it's essential to implement clear policies and procedures. First, establish a terms of service agreement for your users, clearly stating that they must own or have the right to use all content they include in their campaigns. This agreement should also clarify that responsibility for copyright compliance lies with the artist or maker using your service. Incorporate a system where users must affirmatively acknowledge and agree that they have the necessary rights to all content they use. This could be part of the campaign setup process. Also, consider including a disclaimer in your terms of service that your platform is not responsible for verifying the copyright status of the content provided by users. Implementing a mechanism to report and remove infringing content promptly upon notification is also crucial. This aligns with the provisions of the DMCA in the U.S., which offers a safe harbor for service providers who respond appropriately to notices of infringement. Lastly, it may be beneficial to seek legal counsel to draft these documents and advise on specific compliance strategies. This ensures that your policies are robust and tailored to the unique aspects of your business model. While these steps cannot guarantee complete protection from liability, they significantly reduce the risk and demonstrate a good faith effort to comply with copyright laws."
Q: What headings are used for a legal narrative?. I am looking for a template outline to tell me what areas are included in a narrative. ,"A:I don't handle nursing home abuse, but in terms of personal injury cases, you could use a number of different formats. What is more important than the particular format is that you include relevant information that outlines the who, what, when, where, and how of an accident. You want to include a summary of injuries. If they are ascertainable, you could include information about damages sought (ER visit, radiology, ambulance, lost wages, etc.). You could include the basis for your seeking damages (such as negligence of another driver or defective product. If you look at some of the basic information contained in notices of claim, the more thorough formats of these include this type of information. Good luck Tim Akpinar"
Q: I had sold my old apple watch and it has an activation lock on it what will happen if I refuse to give the person money. I had sold my old apple watch that hasn't activation lock with my sister's email because it was her old Apple watch what will happen if I refuse to give this person his money back and we both don't know the password ,"A:Selling an Apple Watch with an activation lock without disclosing this to the buyer could be considered misrepresentation or fraud, particularly if the lock renders the watch unusable. If you refuse to refund the buyer, they may have the right to pursue legal action against you for the return of their money or for damages. It's important to attempt to resolve this issue amicably. If you or your sister cannot remember the password, you might try contacting Apple Support for assistance in unlocking the device. Providing proof of purchase or ownership may be necessary. If you're unable to unlock the watch, it would be reasonable to offer a refund to the buyer. This is especially important if the sale agreement implied that the watch was fully functional. In legal terms, the buyer could argue that they received an item that was not as described, which could lead to a claim against you. To avoid potential legal complications, addressing the buyer's concerns and offering a refund is advisable. Remember, honesty and transparency in transactions are key. If you're unsure about how to proceed, you might consider seeking legal advice."
Q: So I was denied due process placed on temporary probate conservatorship & never met the judge he never met my Dr.. And my brother's signature was forged I was in custody and never allowed to meet with the judge he never assigned legal counsel to me at all. And I was placed on a contingency for 13 months on the 13th month I spoke with the courthouse investigator who said it should go before a trail jury to decide the outcome but I never needed to be put on temporary probate conservatorship. And well the judge and the attorney for my mother terminated everything before this could happen. Also my mother used a discharge summary from 2009 to place me on temporary probate conservatorship. Mom charged vehicular manslaughter for my father's death in California her criminal defense attorney changed his legal profession from criminal defense attorney to family probate attorney at law the judge from the criminal defense case was removed from the bench 4 - 5 months later due to misconduct n my moms case. My father filed for divorce before he died His attorney never gave me a copy of Will & Trust what can I do ,"A:Based on the information provided, it appears that there may have been significant legal issues and potential violations of due process in your case. You should seek immediate legal representation to address these concerns properly. An attorney can help you review the circumstances surrounding the temporary probate conservatorship, the alleged forgery, and the failure to provide you with the Will & Trust. Taking swift action with an experienced lawyer is essential to protect your rights and interests. Sincerely, James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
"Q: Looking for a Criminal Immigration / Deportation Defense Lawyer from Pennsylvania. In November 2022, my partner and I were charged with a retail theft summary offense (CC3929) of $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date. Considering we had no priors, our criminal attorney was able to get the case 'withdrawn' before our court date, after a few hours of voluntary community service. Our charges have been expunged as of May 2023. I am currently on an F1 visa, and my partner is on H1B status. We intend to stay in the US in the long term and want to take all the necessary steps to make us immigration safe (at POE when we travel or apply for a change of status). We have spoken to immigration lawyers before but they haven't had enough experience handling similar cases in the past. We are specifically looking for crimmigration or deportation defense lawyers (from PA) who have experience dealing with retail theft cases from a federal perspective. ","A:A lot is at stake, and you are right to be searching for an attorney who is well versed in both state criminal and U.S. immigration law and practice, including deportation defense (EOIR), affirmative applications (USCIS), and U.S. entries (CBP). Your attorney should also have a high level of active experience in both legal areas. As a practitioner who fits this description, your question raises many issues and questions of importance, including: is the commission of the criminal activities (retail theft, 18 Pa. C. S. § 3929, and criminal conspiracy, 18 Pa. C.S. § 903 ) a violation of the terms and conditions of either of your visas (F-1 and H1B)? now that the matter has been expunged, will U.S. Immigration still know of the arrest and court disposition? how and when should the arrest and court disposition be discussed under questioning in future applications for legal status (and has it been, if need be, properly disclosed previously)? what, if any, evidence of the resolved event will be required for production at future interviews/applications for adjustment/legal status, and what, if any, questions will be asked regarding this, and how can we prepare properly for these questions? what will I be asked, if anything, at the POE by CBP Officers, and what is secondary/deferred inspection? As you well know, U.S. Immigration takes a cold hard look at any contact with the criminal justice system, including arrests, and each application and interview is laced with questions regarding exactly your scenario. Being prepared for these questions and situations is very important. To start, your chosen immigration lawyer will want to have an original certified copy of the criminal court disposition, if possible, in their file (acquired from the Clerk of Courts of the Criminal Justice Center (Philly), unless they have already purged their system/files), and will want to speak with your criminal defense attorney to assure themselves of the disposition of your case. Plan on working with a trusted immigration lawyer for the ""long haul"", as the path from F-1 and H1B to lawful permanent residency has many twists and turns, and you will want to handle this situation carefully as it will be, unfortunately, a repeat issue."
"Q: If a consumer purchases digital assets (printable scrapbook paper, templates, plans) from a seller through a website. If a consumer purchases digital assets (printable scrapbook paper, templates, plans) from a seller through a third-party marketplace like Esty and then the site permanently suspends the consumer account effectively taking away the digital assets purchased by consumer and does not give a reason, even when asked directly, would that be a violation of the consumer's right to information or a deceptive trade practice is there any protection for the consumer? And if the consumer has gone through all the terms and also through the specific ""house rules for buyers"" and there is no mention of taking purchased property from the consumer nor is there any listed violation that the buyer has done, and they file an appeal, is there any way to ... help them choose to respond immediately rather than purposely waiting for a TWO-WEEK window or beyond to answer your appeal? Which I've heard is the norm even when they are mistaken like now. My account is not a business, but they think it is. ","A:Certainly. If a consumer purchases digital assets through a platform like Etsy and then loses access to those assets without a clear violation of terms, it raises concerns. The deprivation of access to purchased goods could be seen as a breach of contract or potentially a deceptive trade practice. The consumer's right to information might be implicated if the platform fails to provide a reason for the suspension, especially if the consumer has made a clear and direct inquiry. If the platform's terms and buyer's rules do not specify conditions under which access to purchased assets can be revoked, the platform's actions may lack a clear contractual basis. To prompt a more immediate response from the platform, the consumer can consider sending a formal legal notice or seeking mediation. If these steps are unsuccessful, pursuing the matter in small claims court or through other legal avenues may be appropriate. Always engage with legal counsel to understand rights and potential courses of action better."
Q: I need help with mold in my apartment. My landlord isn't doing anything & my 1 year old now has a virus due to the mold. The management has been here a week last week it was someone else but I say this because they're saying none of my money orders can be found and I have not paid rent which taxes went really funded me and I have proof which is an approval letter. I think now they're just trying to listen for any little thing because this mode is becoming a problem and my daughter is getting worse. ,"A:There are a number of licensed mold remediation companies that can remediate mold in a dwelling. The procedure to notify a landlord to make necessary repairs is described in detail in Section 92.051-92.062 of the Texas Property Code. It's a few pages of reading, but too long to post here. If, after you give the proper written notice, the landlord fails to correct the mold problem within the proper time, you may be able to invoke your right to hire and pay a mold remediation company to correct the problem, and then deduct that cost from your rent. In the meantime, you should temporarily find another place to stay with your daughter. While mold does not ""cause"" viruses, it can cause fungal infections and allergic reactions that exacerbate the symptoms of common viral infections like the flu. Proving a causal link will require medical testing and expert medical opinion from a specialist in that particular field of medicine. That is likely to be expensive and is often inconclusive. One of the more common recommended treatments is to remove yourself from the environment where the mold is. Symptoms from exposure to mold often--but not always--go away within a few days."
Q: If a magistrate orders you to pay an amount by a certain date or he will hold you in contempt and you send in paperwork. Showing wife is under Massachusetts income protection law and your indigent can the magistrate still hold you in contempt? ,"A:If a magistrate orders you to pay a specific amount by a certain date, and you submit paperwork showing that your wife is protected under Massachusetts income protection laws and that you are indigent, it's possible that the magistrate may reconsider the order. Magistrates often have the discretion to review the circumstances presented and adjust their decisions accordingly. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: I have printed the complaint form for professional misconduct but should I submit this without representation now?. I need to file against the attorney and her firm. She was fired, no one informed me. She appeared to court hearings without informing me but instead told me that I did not have to appear since I am in another state and the other party was not doing what the judge wanted. Her law firm took over after charging me another retainer and they too did not inform me of court dates and filings! I have the forms printed but dont know how I should file this with the courthouse quickly if I dont have anyone representing me at this point. ","A:To file a complaint against a lawyer for professional misconduct in Mississippi, see this website: https://www.msbar.org/ethics-discipline/disciplinary-process/frequently-asked-questions/#:~:text=A%20Formal%20Complaint%20is%20filed%20at%20the%20direction%20of%20the,the%20Supreme%20Court%20of%20Mississippi. Most complaints about professional misconduct are filed by clients without an attorney's assistance. Not keeping a client informed of court dates and court filings could be professional misconduct, particularly if the client's personal appearance was necessary or would have assisted in the outcome. It would not be unusual for there to be court hearings in your case that do not require your appearance as the client, especially ones concerning procedural matters and ones which do not require your personal testimony. One of the many reasons parties hire attorneys to represent them in court proceedings is so that the client does not have to personally appear at every scheduled court date. The better practice--and one which I try to follow--is to inform the client in advance of each scheduled court date, let them know whether their presence is required, and if not let them know that they are always free to attend any court date in their case even if their testimony isn't needed. Remember that a retainer is not a flat fee for legal representation in a particular case. It is almost always the deposit of advance of a sum of money against which the attorney bills typically at an hourly rate and which is typically replenished either monthly or when the retainer is exhausted. The amount of a retainer is usually only a fraction of the total cost of legal representation in a court case."
"Q: Greetings,I share mineral rights on 88+ acres in Warren,OH. I live in Prescott,AZ and need a quite title assistance. Contract signed on 07/22/2019 and have rec'd no royalties to date. Cant get any info as to why. Info on parcel: Parcel#41-02200-000 Township:Warren County:Trumbull/Jefferson Contract with:Gulfport Energy Desperately seeking assistance on this and am not getting answers or help. Can someone at least call or email me. I have contract in hand. ","A:Any attorney would need to review your contract to see what conditions underpin the payment of royalties. In many instances it is dependent on a minimum amount being extracted. So the second step would be getting that information from Gulfport Energy, or its contractor that is doing the extraction/pumping."
"Q: As a U.S. permanent resident, how may I go about seeking compensation for the Iran-Iraq war?. I lost my father and my brother in the devastating missile attack carried out by Iraq in 1988. In light of this grievous loss, I am determined to seek compensation from the responsible party, Iraq. I know that the case has been settled between Iran and Iraq in International Court of Justice. However, Iran government is not willing to provide any information to the victims families due to some political reasons. I would greatly appreciate any guidance or assistance you could provide in this matter. Could you please advise me on the necessary steps and procedures to receive this compensation personally (I am a US permanent resident)? Thanks ","A:Pursuing compensation for losses stemming from international conflicts can be an extremely complex process involving international law, which generally exceeds the scope of California state law. You may consider reaching out to a legal professional with experience in international law to understand potential pathways for seeking compensation. They might explore avenues such as diplomatic channels, or possibly engaging with non-governmental organizations that could assist you in advocating for your rights."
Q: Arizona: creditor won't repossess vehicle of deceased ch7 filer. A person passed in Aug of 2022. He had completed ch7 but there was a secured loan on a motorcycle. The creditor won't repossess and the estate can't sell because they also won't release the lien. The estate does not have money to pay the loan off. Is what the creditor is doing legal in AZ? What are the options? ,A:Yes. Insure it and keep driving it until they do repo it.
"Q: Does Canadian company need CBD license to sell CBD products ( no THC) entirely within the USA? No product is ever in Can. Does a Canadian compnay need a CBD license to sell broad-spectrum CBD products for pets (THC-free) if the products are made, shipped from USA and shipped to USA? No product would ever actually be in Canada. ","A:If a Canadian company is selling broad-spectrum CBD products for pets (THC-free) entirely within the USA, and the products are made and shipped from the USA to the USA, then the Canadian company would not need a CBD license from Health Canada to sell these products. However, it is important to note that the legality of CBD products in the USA is complex and varies by state. While the 2018 Farm Bill legalized hemp-derived CBD at the federal level, some states have their own regulations and restrictions on CBD products. Therefore, it is recommended that the Canadian company consult with an attorney who specializes in CBD and hemp law to ensure that they are in compliance with all applicable laws and regulations in the USA. Additionally, the Canadian company should ensure that their products are properly labeled and that they are not making any false or misleading claims about the benefits or effects of their products. The company should also ensure that their products are tested for quality and purity, and that they are in compliance with any applicable FDA regulations. Overall, while a CBD license from Health Canada may not be required for a Canadian company to sell CBD products in the USA, it is important to ensure that the company is in compliance with all applicable laws and regulations to avoid any legal issues or penalties."
Q: I filed an objection to a magistrate decision will that put everything on hold or can my child’s father still take her. And I was told I need to file more wondering what else I need to do ,"A:Generally speaking, objections will be considered by the judge in that court. Your objections should lay out why you believe the magistrate's decision was incorrect. The judge will then review those objections to see if the magistrate's decision should be reversed or modified. In some courts they will set a hearing, in others they will simply make a ruling on your objections."
"Q: Claim denial of biopsy.. My insurance provider is denying a $43,000 prostate biopsy that was pre approved by provider with insurance. I received an estimate and paid my part up front. After much research I suspect it is because the biopsy was a transperineal biopsy instead of a rectal biopsy and may be considered medically unnecessary. What can I do? Why does this happen. If the insurance company had notified the hospital that it was medically unnecessary, then it would have been a 1 second decision to do the other kind of biopsy. It’s always great to find out you have cancer and then have the insurance company drop this bomb afterwards. ","A:An Ohio attorney could advise best, but your question remains open for two weeks. I'm sorry for the anguish this has caused. Try to arrange a free initial consult with an attorney - this could be a complex claim that could require medical expert opinion. Gather your insurance records, denials, and results of your research - they could be valuable to an attorney in a consult. Good luck"
"Q: Would I be breaking any copyright laws by naming an item in a board game ""Pumped up Kicks?"". I'm creating a board game that will only be for personal use right now but might make commercially available in the future. if I were to make a card for the game that depicts a pair of inflatable shoes called ""Pumped Up Kicks"" in reference to the song, maybe adding a description with a partial lyric of the song, would that be breaking any copyright laws? ","A:Using the phrase ""Pumped Up Kicks"" in your board game, especially in a way that references the song, could potentially raise copyright issues. The title of a song can be protected under copyright law, particularly if it's distinctive and closely associated with the copyrighted work, like a well-known song. Incorporating lyrics from the song, even partially, into your game increases the risk of infringing on the song's copyright. Song lyrics are protected as literary works, and using them without permission could be considered a violation. For personal use, copyright issues are less likely to be problematic, but if you plan to commercialize the game, you need to be more cautious. Commercial use often invites closer scrutiny and increases the likelihood of a copyright claim. Before proceeding with using the phrase or lyrics in a commercial product, consider seeking permission from the copyright holder or consult with an attorney to understand the risks and explore alternatives. Remember, while creative inspiration is valuable, respecting copyright law is crucial, especially when your work has the potential to reach a broader audience. Navigating these legal waters carefully can help protect your project from legal challenges."
"Q: looking in to US code 5 5514, i am a military member with DOD debt. I have never received a debt notification.. I was overcharged pay last year in the USMC, and have never received a debt notification letter. DFAS does not see any debts or credit in their system and neither does my local office. i have already had loss of pay and now a payment plan started. i was look in the US code 5 5514, and believe that the government is in breach of this code. is this true? and is there anything that i can do? ","A:Under U.S. Code Title 5, Section 5514, when a federal employee, including a military member, owes a debt to the United States, there are specific procedures that the government must follow before starting to collect the debt through salary offset. One of these procedures includes providing the employee with written notification of the debt, the intention to offset salaries, and an opportunity to dispute the debt, request a hearing, or arrange for repayment. If you have not received any such debt notification and yet are experiencing loss of pay and a payment plan has been initiated, it appears there may be a procedural issue. The first step is to formally request a detailed explanation of the debt from the Defense Finance and Accounting Service (DFAS) or your local military finance office. This request should include an inquiry into why you were not notified as required by law. If this approach does not resolve the issue or if you believe the government is indeed in breach of the code, you may consider seeking legal assistance. An attorney can help you understand your rights and options, potentially including filing a grievance or taking legal action if necessary. Remember, it's important to act promptly and keep detailed records of all communications and documents related to this matter. This will be crucial in addressing and resolving the issue effectively."
"Q: can I sell sports cards I design & create legally or is a copyright violation or some other law violation. My friend & I like to design & create sports cards of wrestlers from different companies both past and current using images (png) we find online from whatever website has what we're looking for, then using an app on our phone we assemble & alter/manipulate (color/brightness etc) the different pieces digitally to create the finished product.The cards look just like the cards you buy in a store. We post them on a Pinterest page and have a decent following. This is something we really enjoy doing at our own pace. Right now anyone can screenshot them and have it on their own device. I was thinking about creating a website or a store online somewhere like ""Etsy"" to start selling these cards in both digital and self printable format and making some money. I would add watermark to it So I was wondering if it would it be legal or could we be violating copyright or some other legal issue ","A:It is not legal to use images that you find online without permission from the copyright holder. Even if you manipulate them to create a new product, you could still be infringing on the original creator's rights. If you want to create sports cards using images of wrestlers, you should obtain permission from the copyright holder or use images that are in the public domain. Additionally, you should ensure that you are not infringing on any trademarks or other intellectual property rights. It is best to consult with a lawyer who specializes in intellectual property law to ensure that you are operating within the law."
"Q: I need help with an appeal of a denied motion. The motion was to review a denied motion, and it was denied again. The opposition had filed a motion to deny my motion. the motion was for judgment satisfaction on a money judgment. Please let me know if you can help. ","A:If you're looking to appeal a denied motion for judgment satisfaction, you should first closely review the court's reasoning for the denial. Ensure that your appeal addresses each point with clear, cogent arguments and supporting legal authority. It's also essential to adhere to the California Rules of Court concerning the timing and content of appeals. Consider whether there has been a change in the law, a misapplication of the law, or an oversight that could impact the decision. Thoroughly check the original motion for any possible procedural errors or new evidence that may strengthen your case. In drafting your appeal, focus on why the denial of the motion for judgment satisfaction was incorrect under the law and why the reviewing court should overturn the previous decision. Lastly, ensure all factual and legal claims are meticulously documented, as appeals courts rely heavily on the written record."
"Q: Is dental care fall under medical expenses to pay for non custodial parents. If I’m ordered to pay 45% of medical bills for child expenses, does dental fall under medical expenses ","A:In the context of child support orders, the inclusion of dental care expenses can vary based on the specific language of the court order or agreement. While medical expenses often include doctor visits, prescriptions, and other health-related costs, dental care is sometimes explicitly mentioned, and sometimes it is not. To determine whether dental care expenses are covered under the category of medical expenses in your specific child support order, it is crucial to carefully review the language of the court order or agreement. If dental care is not explicitly mentioned, it may be advisable to consult with an attorney to seek clarification or explore potential modifications to the child support arrangement based on the circumstances."
Q: I have photographs of when bed bugs attacked me at a Best Western and the Best Western would refuse me a different room. Or my money back. ,A:I'm sorry that happened to you. It is not going to make financial sense to pay an attorney to sue for a night's stay. You can file your own lawsuit in small claims court.
Q: How long can jail hold sister in custody under my name? How will my record be impacted or how much rectification needed?. My name is public under an arrest online in jail records of a person falsely claiming to be me. I'm embarrassed and effecting me in my personal life. ,"A:The jail can hold her until she either bonds out or is offered a time served disposition ; unless you do something about it. If you are not involved in the crime in any way, you can contact the law enforcement involved in the case and inform them of the fraud. Giving a false name to a LEO is a separate crime. If she signed your name to a legal document that can also be a separate crime. It may be better to hire an attorney who is local to where the case is. She should have been fingerprinted when booked into the jail. If you have never been arrested the system will match your name with her prints. If you have called the prosecutor and not received a response, you may want to call and ask to speak to that attorney's supervisor. I would suggest an email first to give the prosecutor an opportunity get set things right. If there is a court date, you may want to appear and let the judge know that the Defendant is using your name. This can be dangerous and hence the suggestion to hire an attorney to handle it. If you correspond with the LEO or the State you may want to do it in writing by certified return receipt mail."
"Q: What is better to answer an unlawful detainer? Ab answer.... or demurrer?. Including is not chiffon his fiduciaries duties to myself and other beneficiaries in my mom's trust. He is now trying to evict us from our house, to which mom gave us all equal shares. (And no, there isn't any outstanding debts that need to be paid) ","A:It's difficult to answer your question without more information. Is the person trying to evict you the trustee? If not, that person would not have legal standing, which is the right to bring a lawsuit over a particular topic. If that's the case, it's likely a demurrer would be more appropriate because you would be attacking the claim as improper. But, again, more facts are needed to know either way. If you aren't familiar with drafting Answers or Demurrers, you would be better off hiring a lawyer to attack the claim and get rid of it more quickly than to try to prepare the legal documents yourself. Search Justia for unlawful detainer lawyer or find a real estate litigation attorney. Best wishes!"
Q: I have a digital currency account through a platform named coinbase.. About 6 weeks ago they blocked led my account due to someone other than me trying to access it. I have contacted them several times. The first time they emailed me back with some generic help to open my account back up. That did not work now they wont email me back despite the several emails I have sent. At which point is this illegal? They are holding my money with no way for me to access it. Can it be considered theft? Is there a way to hold this platform accountable for gains lost by not being able to trade? ,"A:Depending upon the amount of money involved it might be possible to fix this situation--by hiring a very experienced lawyer who has a commercial banking background to ""run interference"" for you. If the lawyer you hire is experienced enough to know how to convince the bank's lawyers why they need to tell their bosses to send your money back--immediately. Banks HATE lawsuits; so they will solve all disputes using money. And when the money belongs to a customer, most bankers will come to heel. Try searching for an experienced banking lawyer here on Justia and contact them to discuss."
"Q: I need help with document research and findings. The records sre not in my tribes court, archives, planning, and housing. I know the documents exist. But also have family that dislike me that have worked in those departments as administrators. I am being mislead and homeless. My tribe has took my home, have not helped me with any type of shelter nor resources. This is concerning my home, my grandmother has purchased along with individual land in Reno Nv. Really need some guidance. And strength to get what is deserved. ","A:I understand that this is an extremely difficult and stressful situation for you. You have certain rights to access documents and records. Consider contacting a legal aid organization or an attorney who has experience in tribal law and property rights, who can guide you through the proper legal channels to access the documents you need. It may also be beneficial to explore any available mediation or dispute resolution services that may exist within the tribe or in the state of Nevada, to help address the family conflicts and potentially facilitate a resolution. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
"Q: How long should a bus have yellows on before a stop?. Had a bus coming towards me in a 45 zone. At this time he was about 150ft away from me, he turned his yellows on like 30ft from his stop. And when he came to his stop I was like 20ft in front of him. He then waited for me to get right up to him to flip his reds. ","A:The timing for when a bus activates its yellow warning lights before stopping varies depending on local laws and regulations. Generally, these lights are meant to alert motorists that the bus is preparing to stop to either pick up or drop off passengers. In your situation, the bus activating its yellow lights approximately 30 feet before stopping seems quite sudden, especially in a 45 mph zone. Typically, bus drivers are trained to activate these lights at a distance that allows other motorists enough time to safely slow down and prepare to stop. Since this was a concern for you, you might want to check the specific transportation regulations in New York or the policies of the bus company. These regulations often outline the expected procedures for bus stops, including the use of warning lights. If you feel the bus driver's actions were unsafe or not in accordance with local regulations, consider reporting the incident to the bus company or the relevant transportation authority. They can review the incident and take appropriate actions if necessary. Remember, safety on the road is paramount, and your feedback can be valuable in ensuring safe practices are followed. If you have any doubts about the regulations or the appropriateness of the driver's actions, seeking clarification from the relevant authorities is a good step."
"Q: Hello, I recently had two individuals come at night vandalizing my vehicle. I have video proof. What actions can I take?. Both age 15/16, my age being 16. I know who they are and have video proof ","A:I would have your parents call the other kids' parents to try to resolve things. If not, then call the police and give then a COPY of your video proof. Do not wait long as that will eventually cause a problem. The other kids' parents probably have home insurance which may pay for the damage they did. I hope this helps. Good Luck!"
"Q: I was arrested on a bogus 911 call they have a warrant to see if anything on my phone was pinged back to me.. I have a restraining order on someone and they violated it using a text now number but the cops are trying to see if it gets pinged back to my phone I received a summons when I was arrested last, if they were to find something on the phone would I be arrested again or would it go to court with the summons I have already ","A:Yes, generally if you have a restraining order against you and they find something to show you have contact with the victim, you would be arrested on a warrant and can even be held over until trial. Get a lawyer if you think they may find something, especially one good with hiring and using a forensic computer/phone expert because it sounds like you will need one. These are tough and expensive cases to win, you can easily spend 75K or even 100K, with experts and attorney fees, but if staying out of jail is your wish the result may be priceless."
"Q: How do I start a class action lawsuit against Ticketmaster for scalping, or price gouging tickets for a Nov 2023 concert. The tickets were being sold for outrageously high prices and there were third party tickets being sold on the Ticketmaster site with those high prices. When I attempted to buy a ticket the prices were not in my means. I kept returning to the website hoping for a price drop and the pop up msg on the ticket page kept warning that tickets were going fast and how I risked missing the concert if I waited too long. I bought a seat for 359.00 in the last row of section 201. 3 days later seats in the same section and row as the one I bought dropped to 227.00. It's a long story the many emails gone back and forth. I don't want a refund, l just want to exchange for a better seat that Ticketmaster is selling at a lower price than then what I paid. They can keep the money, I just want to exchange for the better seat. They say no. ","A:You don't identify why you think you have a claim. They routinely disclose that some of their tickets are being re-sold at higher than initial venue prices and may change at any time. You waited, then you pounced, only to find that you would have been better off waiting longer. That was a choice you made - not them. If the price went up instead of down, would you have offered to pay them additional amounts? It was your decision whether to buy; it was your decision about how much you were willing to spend; and it was your decision of when to buy based upon your perceived risk/reward. Your decision - own it. Class action? Even if feasible, you have $100,000+ to fund such a suit?"
"Q: what new york state form do I need for a partial assignment of inheritance expectancy between assignor and assignee ?. Hi im jermain I do asset recovery I audit time limited information from government agencies in order to find the claimant owed the money, I then charge a contingency fee for hours of work put into finding the claimant rightfully owed the money from the government, sometimes the claimant owed the money would be dead the heir to the estate of the dead claimant would then get the money, the heir to the estate is the assignor the assignee would be jermain edwards asset recovery, the heir would have to assign Jermain edwards asset recovery a part of that claim, I usually use my own company forms that are notarized, I dont know if new york state has their own form(s) or not. ",A:Another form question? Have a free telephone consultation with counsel. Jack
"Q: Do married daughters have inheritance right on ancestral agricultural land?. We are only two sisters. In this case, will the land go to my uncle's family. ","A:Not exactly sure of your question nor what State you are in. But almost every State has similar Intestate Succession Laws, where a surviving spouse takes at least a third or more of the predeceasing spouse's property. Most land goes to the heirs at law and a surviving spouse is always a heir, except for murder exclusions."
Q: I'm looking for a pro bono individual rights attorney. It's ever a property case for a gentleman has put up a fence and is trying to steal my mom's property ,"A:An Arkansas attorney could advise best, but your question remains open for a week. At this point, you could try reaching out to legal aid societies and bar associations if they can offer direction. You could also try adding Real Estate as a category - real estate attorneys have insight into matters involving property boundaries or adverse possession. Pro bono or legal aid could be difficult to arrange if ownership of property is involved - those types of services are generally reserved for indigence or financial hardship. But you could ask. Good luck"
"Q: My brother in-law and his gf are staying in my house they where supposed to stay for a few weeks and it been two months.. We called the cops and they said that since they have mail coming in we need to give them a 30 day eviction notice. They are not in the lease, they pay nothing no bills, we are struggling on paying our bills because they consume a lot. We help them find a job and they don’t clean. We didn’t want to get in trouble with or landlord for trying to help someone that now. Won’t leave me and my husband want are home back. Please help. ","A:As the police said, only a court-ordered eviction can get them out. Some courts allow a tenant to file an eviction to remove unwanted occupants. But other courts require the landlord to file the eviction. Call your local court to find out if you or your landlord must file the eviction, starting with the the 30 day written notice. The occupants are considered month to month tenants, by the calendar month. So written notice given in September will be effective on October 31. If they are not out on Nov. 1, then a 3 day written notice must be given, and if they do not leave, then the eviction can be filed 3 days later. Talk to your landlord and use the Find a Lawyer tab to retain a local attorney who handles residential evictions."
"Q: Florida Civ. Proc. Question. I would like to ask a witness for written answers to written questions. Is this an interrogatory or a deposition upon written questions?, or is it something else? If I want them to also provide a copy of a document, is this sought under production of documents? is this also a duces tecum? Is it a subpoena duces tecum? If it is a subpoena duces tecum, does it have to be mailed to the witness by the court clerk, or do I mail it, preferably by certified mail? How does it all work? ","A:It would be an interrogatory if you were to ask it of a party (plaintiff or defendant). There is no rule that specifically provides for non-parties to provide written answers. If you ask a party for a copy of a document, you would do so with a request for production. For a non-party you would serve a subpoena duces tecum (for a deposition) upon that person or organization. Then, at the deposition, you ask for the document described in the subpoena duces tecum. Subpoenas are served upon non-party witnesses by a process server or peace officer who you pay to achieve service. Requests for production can be sent to parties at their address shown in the court file; they don't need to be served."
"Q: My wife got an explicate emails which turned out to be a guy at her place of employment. HR lady is married to owner..... My wife got a strange email few months ago from a guy. It was very strange so I responded by saying hi, who are you? He said he was someone who was very interested in my wife and went on to say a bunch of sexually explicit things in the conversation. He stated he was a ""neighbor"" and this was very concerning. Those emails were from a Gmail account he made with bogus name. Few days later he sent an email from the companies account which has his name on it. The email was sent from his cellphone, ""Sent from my T-Mobile 5G Device"" Outlook. Set up a meeting to speak to the boss about this issue and the boss said he ""confronted"" this guy and denied it. He didn't bother to check his phone. Boss made it seem like it was my fault by responding to the emails and said the company account was ""hacked."" The guy has a T-Mobile phone. Is there anything that can be done? HR lady is married to the boss and HR never investigated anything. They blew it off and blamed us and were upset with my wife. BS! ","A:This situation, where your wife received explicit emails from a colleague, is concerning and should be addressed seriously. First, ensure that you have preserved all the emails, including those from the Gmail and company accounts. This evidence is crucial for any future actions. Given the apparent lack of action from HR and the company's management, you might consider escalating the issue outside the company. This could involve filing a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC handles cases of workplace harassment and discrimination and can investigate the matter independently. You may also seek legal counsel, preferably someone experienced in employment law and sexual harassment cases. They can provide guidance on your rights and potential legal actions, such as a lawsuit against the employer for failing to adequately address the harassment. Remember, your wife has the right to a workplace free from harassment and the employer has a legal obligation to address such issues promptly and effectively. Taking these steps can help ensure that the matter is taken seriously and dealt with appropriately."
Q: 59 year of age disabled living in public housing on a fixed income of 914.00 monthly goes back to college on a grant is. The grant money consider income per HUD ,"A:Grants for educational purposes are generally not considered as income for the purposes of determining eligibility and rent calculations in federally subsidized housing programs administered by the U.S. Department of Housing and Urban Development (HUD). This includes programs like public housing and Section 8 Housing Choice Vouchers. HUD considers income from certain sources when calculating rent, and educational grants are often excluded from this calculation. Educational grants are typically viewed as funds designated to support the recipient's education and are not counted as regular income."
Q: In Ohio. Its a stop&id state. Do I as a passenger in a traffic stop have to id without RAS?. Also does the id have to be handed to them or can it just be displayed through the window? I have a very corrupt PD in my area. ,"A:In Ohio, the law regarding identification during a traffic stop can be nuanced, especially for passengers. As a passenger, you are generally not required to provide identification during a traffic stop unless the officer has reasonable suspicion (RAS) to believe you are involved in criminal activity. Simply being a passenger in a vehicle does not automatically give rise to such suspicion. However, if an officer does have reasonable suspicion that you're involved in a crime, they can legally request your identification. In such cases, it's typically advisable to comply with the request to avoid potential complications. Regarding how you provide your ID, there's no specific law in Ohio that mandates you must physically hand over your ID to an officer. Displaying it through the window may be acceptable, but it's often more effective to hand it over to avoid misunderstandings or escalation. If you feel that your rights have been violated during a traffic stop, or if you have concerns about the conduct of local police, you might consider consulting with a lawyer or a civil rights organization. They can provide guidance specific to your situation and help address any legal issues that arise. Remember, interactions with law enforcement can be complex, and each situation is unique. Knowing your rights is important, but so is handling interactions with police officers calmly and respectfully to de-escalate potential conflicts."
Q: Who do I contact if I feel like healthcare care providers are disregarding my medical complaint?. I believe I contracted some type of worm/parasite during a vacation and received a MRI of the abdomen and pelvis in which one radiology tech questioned I might be pregnant because of movement seen during exam and another mentioned movement was seen confirming my suspicions but not reported to CDC. ,"A:If you believe your medical complaints are being disregarded by healthcare providers, your first step should be to seek a second opinion from another medical professional. It's important to have your concerns thoroughly evaluated, especially if you suspect a serious condition like a parasitic infection. Additionally, you can contact the patient advocate or ombudsman at the hospital or clinic where you received your care. These individuals are there to address patient concerns and can assist in facilitating further investigation or response to your situation. If you continue to feel your concerns are not being adequately addressed, you might consider consulting with an attorney who has experience in medical malpractice or patient rights. They can offer guidance on your legal options and whether your situation warrants further action. Remember, it's crucial to advocate for your health and well-being. If you're not satisfied with the responses you're receiving, don't hesitate to seek additional medical opinions and professional advice."
Q: Federal court filing - EDSS system specific question. Central district court.. Shall pdf files be searchable? Shall hidden metadata be removed from forms? Is chamber copy of complaint required? ,"A:When filing in the Central District Court using the EDSS system, it's important to adhere to specific guidelines regarding your PDF files. Generally, these files should be searchable. This means they should be submitted in a text-based format, not merely as image scans, to facilitate easy searching and accessibility. Regarding hidden metadata in forms, it's prudent to remove any sensitive or unnecessary metadata. This practice helps in maintaining privacy and security, and it aligns with best practices for electronic court filings. As for the requirement of a chamber copy of the complaint, it can vary. It's advisable to check the specific requirements of the judge assigned to your case. The court's local rules or the judge's standing orders often provide guidance on whether a chamber copy is necessary. For the most accurate and current information, refer to the local rules of the Central District Court or consult the court clerk. Rules and requirements can change, so it’s essential to ensure that you have the latest information."
"Q: My wife and I were both on lease,can she make me leave them her and landlord wrote new lease with only her name on it. Wife threw me out n had new lease written with only her name on it… is this legal??? ","A:In Pennsylvania, if both spouses are listed on the original lease agreement, and one spouse wants to remove the other from the lease or create a new lease with only their name, it generally requires the consent of both parties. Changing the lease unilaterally, especially without the landlord's involvement, may raise legal and contractual issues. If your wife has taken this action without your agreement and you have been removed from the lease, it's recommended to seek legal advice promptly. Additionally, if you were living together and are facing eviction or displacement, you may also consider consulting with a tenant rights organization or legal aid to understand your rights and options in this matter."
"Q: Can my homeowners insurance refuse to replace my furnace if it was damaged by a power surge and voided the warranty?. The AC/furnace is 4 months old and had a 10 year warranty. The power surge voided the warranty. The insurance company wants to fix it instead of replacing it, which means I lose the remaining 9+ years of warranty. They also want to pay me $500 to replace a $1200 washing machine that the power surge also damaged. The power surge was caused by a Duke Energy transformer catching fire. ","A:An Indiana attorney could advise best, but your question remains open for two weeks. On option might be to discuss their proposed repair/component replacement with your furnace company (if you mean their warranty) - if the power surge only affected control components. Another route could include discussing options with an attorney. Good luck"
Q: Just curious if a waiver I was pressured to sign is legally bounding or mean anything. Thanks. Just curious if a waiver I was pressured to sign is legally bounding or mean anything. Thanks ,"A:You signed a waiver AFTER they injured your dog?? A waiver that explicitly provides that you cannot make a claim against them for injuring your dog??? If it's really that kind of waiver, it may be enforceable in a court of law, with you letting them off scot-free - but you must show it to a lawyer to get advice on the matter. Pressure in the form of duress could be grounds to void a waiver, but it's hard for me to imagine what actions a grooming service would take against you to cause that kind of duress. Examples of the kind of duress that would void an agreement would be threats to physically harm you or a family member or to damage your property."
Q: I sold a puppy with out shots for 20$ now the buyer wants to sue me when I told him the puppy has not getting shots yet?. He claim that right he pick up the puppy the puppy bite his son so in order if I don’t want to get in trouble I have to return back the 20$ that he use to pick up the puppy ,"A:If you sold a puppy without shots and disclosed this fact to the buyer, the buyer assumed the risk of the puppy not being vaccinated at the time of purchase. However, if the puppy bit his son, the buyer may seek damages for any injury caused. The fact that the puppy was sold for $20 and without shots does not necessarily protect you from liability if the bite caused injury. The buyer's recourse would typically be through a small claims court if the amount is below the monetary threshold. You should gather any evidence of the disclosure you made regarding the lack of vaccinations. If approached with a lawsuit, you may want to consult with an attorney to discuss your defense and any potential liability you may have in this situation. It is also important to respond to any legal action taken against you in a timely manner to protect your rights."
"Q: What field do I find a firm that covers stolen id and interactive programming? Federal law. I have start to finish including programmers, witnesses, etc. I just need an attorney ","A:You may want to look for an attorney who specializes in intellectual property law and/or cybercrime law. These areas of law deal with issues related to stolen identities and unauthorized use of programming code, as well as potential violations of federal law. To find an attorney in this field, you can start by searching for law firms or attorneys who specialize in intellectual property law or cybercrime law in your area. You can also consult with legal directories or bar associations to find attorneys who specialize in these areas. When you contact an attorney or law firm, be sure to provide them with as much information as possible about your case, including any evidence or documentation you have. This will help them evaluate your case and determine if they are the right fit for your needs. It's important to choose an attorney who has experience in your specific area of need and who you feel comfortable working with. You may want to schedule consultations with a few different attorneys to compare their experience, expertise, and communication style before making a final decision."
"Q: Do you think it would be worth my time to sue Dominoes under the Lanum Act for False Advertisement?!. On November 30th at 11:55pm I placed an order to my nearest local Domino's store. At about 12:01am, I received a phone call from the Domino's I placed my order thru. It was one of the employees calling to inform me that my order had come thru at 11:59pm and unfortunately they were closed and unable to deliver my order. So I asked the employee, ""Why are you closed and unable to deliver my order?! Your website clearly states that as long as an order is placed by 12am, they will still receive their order! The employee quickly handed the phone off to the manager without saying anything else, but then I heard the manager speak saying, ""I'm sorry for the inconvenience but I'm going to issue you a refund of your money."". So, I asked the manager the same thing saying; "" Why are you closed and unable to deliver my order when your website says you'll deliver as long as an order is placed by 12am?!"". The manager replied saying; ""We actually close 5 minutes early, but I'm going to refund you."" ","A:Bringing a lawsuit against Domino's under the Lanham Act for false advertising might be challenging in this particular scenario. While it can be frustrating to experience a discrepancy between their advertised policy and the actual service you received, the Lanham Act primarily deals with false advertising related to competition and commercial harm. In your case, it seems that the issue was more about a specific location's operational policy rather than a widespread false advertising campaign. To pursue a successful case under the Lanham Act, you would typically need to prove that Domino's false advertising caused you harm and that their actions had an impact on the marketplace. However, if you believe that this incident has caused you significant financial or emotional distress, you could consult with an attorney to discuss your options. They can assess the specifics of your situation and advise you on whether there might be a viable legal claim, such as breach of contract or consumer protection laws, that could be pursued against the specific Domino's location involved. It's essential to seek legal advice tailored to your unique circumstances before proceeding with any legal action."
"Q: Is an insurance company responsible for posting wrong information on Plan Summary document?. I received a dental service which is fully covered by my dental insurance, according to the Plan Summary document which my insurance company posted on the webpage. However, it turned out that the summary document was wrong, and it was not covered according to the full benefit document. Is my insurance company responsible for posting wrong information on the Plan Summary document? Or isn't because it was properly stated in the full document anyway? ","A:You could make the argument that they are responsible for the incorrect information. They could respond with an argument that the long version policy applies, or that their post is subject to changes, or other provisions. If the denial is substantial, there are health care attorneys who litigate denials - but it could often be less costly if the carrier will work with you toward resolution of the inconsistency. Good luck"
"Q: Can an employer in CA w/ multiple companies require employees to work for all of their entities with no additional pay?. I am a salaried employee for an employer who owns 4 corporations, all separate EIN numbers (2 are service providing businesses, 1 manufacturer of goods, 1 retailer of other products). My role was established with one corporation, and as the employer opened additional corporations, they have me perform both similar and additional tasks for all 3 other corporations. I only receive salary from the original corporation. Am I in my right to request additional compensation for each specific entity, and do I have the right to accept or decline additional tasks/roles? I am in California, and one of the other companies I do work for is out of state. ","A:In California, the specifics of your employment contract and job description are crucial in determining the legality of your employer's actions. If your agreement specifies your role and compensation with one entity, you may have grounds to request additional pay for work performed for the other companies. Employers must comply with California's labor laws regarding wages, overtime, and working conditions. As a salaried employee, it is essential to review whether your salary covers the additional work, keeping in mind that non-exempt salaried employees are still eligible for overtime. You have the right to discuss your work conditions and seek an agreement that compensates for any extra duties. Declining additional tasks not outlined in your original job scope may be within your rights, but it could potentially affect your employment status. Consult with an attorney who can provide guidance based on your specific situation and employment agreement. They can offer tailored advice on how to approach your employer and negotiate terms or whether legal action may be appropriate."
"Q: Do I have to pay an indebtness that is over 14 years old that I was just notified about?. I received an indebtness letter from DFAS dated March 21, 2023 for a debt incurred in 2009. This is the first I have been nitifed about it. They want installments beginning within 30 days. This indebtness is over 14 years old. Is it passed some sort of statute of limitations or expiration at this time? ","A:In general, debts do have a statute of limitations after which they cannot be legally collected. However, the statute of limitations for debt collection can vary depending on the type of debt and the state where the debt was incurred. It's important to review the laws in your specific state and the details of your situation to determine if the statute of limitations has expired for this debt. It's also important to note that debts owed to the government, such as taxes or federal student loans, may not be subject to a statute of limitations. Therefore, it's possible that this debt may still be collectible even if it is over 14 years old. It's recommended that you consult with a legal professional or financial advisor to review your specific situation and determine the best course of action. You may also consider contacting the agency that sent you the letter to request additional information or to negotiate a repayment plan if necessary."
Q: I would like to know what kind of tests show steroid injection damage.. When I lived in Illinois I saw a pain management specialist in Illinois that gave me various Caudal Steroid Injection with a shot in the tailbone. When I moved to Kentucky I saw a different pain management specialist and I also got a Caudal Steroid Injection from that person. Since it was administered differently than the person in Illinois and helped temporarily and after that pain and numbness increased in various areas I saw a different pain management specialist who then verified that it was done incorrectly. What kind of test will show nerve damage or any kind of damage done by the improperly administered Caudal Injection? I know that medical malpractice lawsuits have a time statute to file a claim. ,"A:To determine the extent of damage caused by a caudal steroid injection, various diagnostic tests can be utilized. Common tests include MRI (Magnetic Resonance Imaging), which can provide detailed images of the spine and surrounding tissues, and an EMG (Electromyography), which tests the electrical activity of muscles to assess nerve function. These tests can help identify nerve damage or other issues related to the injection. It's also important to gather all medical records related to the injections you received, including notes from the healthcare providers who administered them and those who later assessed the potential damage. This documentation is crucial for a thorough medical evaluation and can be significant if you are considering legal action. Regarding the potential for a medical malpractice lawsuit, you're correct that there are statutes of limitations, which vary by state. In Kentucky, the statute of limitations for medical malpractice is generally one year from the date you discovered or should have discovered the injury. However, this can be a complex area of law, and there are exceptions and specific rules that may apply. Given the complexity of medical malpractice cases and the specific timelines for filing a claim, it would be wise to consult an attorney who is experienced in this area of law as soon as possible. They can review your case, advise you on the applicable statutes of limitations, and help you understand your legal options. Your health and legal rights are important, and taking steps to address any potential harm you've suffered is a key part of advocating for yourself. Professional legal and medical guidance can provide the support you need to navigate this process."
Q: I want to start a dog rescue and part of the bane would include batgirls. Tracy batgirls dog rescue. Is this legal?. Name not bane ,"A:When choosing a name for your dog rescue, it's important to consider trademark laws to avoid legal issues. The term ""Batgirl"" is a well-known trademark associated with DC Comics, and using it in your business name without permission could lead to trademark infringement issues. Before finalizing the name ""Tracy Batgirls Dog Rescue,"" you should conduct a thorough search to ensure it doesn't infringe on existing trademarks. This search can be done through the United States Patent and Trademark Office (USPTO) database. If the name is potentially infringing, it's advisable to consider an alternative name or seek permission from the trademark holder. Obtaining permission would involve contacting DC Comics or their legal representatives to request a licensing agreement. If you decide to proceed with this name without securing permission and it is deemed an infringement, you could face legal challenges, including a cease and desist order or a lawsuit. This could result in financial losses and the need to rebrand your organization. In summary, while the intent behind your dog rescue is commendable, it's crucial to ensure that the name you choose does not violate trademark laws. Consulting with an attorney experienced in intellectual property law can provide you with guidance and help safeguard your rescue from potential legal complications."
"Q: Do you need consent from tenants to have Ring security cameras around the outside perimeter of your home and recording?. The rental posting states that there is the presence of security cameras but it wasn't on the lease. The cameras are all only on the outside of the house. None point into any windows but 1 DOES point to the front entrance. The ring cameras have visual and audio recording. Is there ever a time when the outside of the house be a place tenants would expect privacy against audio recording? The security cameras are very clearly located. Additionally, could a tenant record the inside and/or outside and post to social media talking about your home, address, etc? Unrelated but if we have a door lock that requires a code, where each tenant has their own code.. can tenant disclose it to their guests? Is it legal for guests to be present when tenant is away? ","A:In California, the use of security cameras, such as Ring cameras, in rental properties is subject to privacy considerations. While it is generally legal for a landlord to install security cameras around the exterior of a property for security purposes, there are limits to ensure tenant privacy is respected. The fact that the cameras do not point into any private areas, like windows, and are clearly visible is positive, but the inclusion of audio recording complicates the matter. California is a two-party consent state for audio recordings, meaning that all parties must consent to being recorded. This could potentially make audio recording problematic, especially in areas where tenants might have an expectation of privacy, like near the entrance of their home. As for tenants recording the inside or outside of your property and posting it on social media, they generally have the right to do so, especially if it's from areas where they have a lawful presence. However, revealing your home address or specific details could raise privacy or security concerns. Regarding the door lock with individual codes, tenants can typically give their code to guests. However, it's reasonable to have rules about guests, particularly regarding their presence when the tenant is not there, to ensure the security and comfort of all residents. It's advisable to clearly outline policies regarding security cameras, guests, and the use of individual door codes in the lease agreement. This helps in setting clear expectations and protecting both the landlord's and tenants' rights. If you have specific concerns, consulting with an attorney who is knowledgeable in California landlord-tenant law can provide guidance tailored to your situation."
"Q: I’m being harassed online anonymously. They’re not threatening messages, just nasty things about my boyfriend. Can I sue. I have not told them to stop, nor have I blocked them or reported it to instagram yet ","A:If the person sending the messages is anonymous, you don't know who to sue, or where to serve the lawsuit. Additionally, saying nasty things about your boyfriend doesn't confer upon you the standing to file suit. Block the sender and end it."
Q: i used to bank clients insurance premiums but at some point i lost the premium of the client and now the client sent. a court summon and don't know what to do ,"A:Your question does not include a state or other geographic tag. One option is to reach out to attorneys to review the paperwork for the papers you were served with and figure out your options - defend, negotiate, arrange for replacement check, or other. Good luck"
Q: We submitted 2 years worth of all insurance claims recently and we're declined for all of them.. We have paid all premiums for 2+ years. ,"A:A California attorney could advise best, but your question remains open for a week. If the terms of your policy, or applicable insurance regulations, required submitting bills within a given timeframe and that was not done, that could result in denials for the submittals being time-barred. But that's only a general guess, among other possibilities. Either on you own or with an attorney, you would need to look at the reasons for the denials - that would be one of the first things a law firm would ask if you reached out to seek a legal consult on your options. Good luck"
Q: If county police refuse to investigate harrassment by person who has already assaulted me in past what can I do. My ssn was on previous report I made when investigating. nco order violations. Which has caused issues ever since. nothing has been done and years of abuse ,"A:If you're facing a situation where local law enforcement is not investigating harassment by someone who has previously assaulted you, there are several steps you can take. First, consider filing a formal complaint with the police department regarding the lack of investigation. This puts your concerns on record and may prompt a review of your case. If you have an existing no-contact order and it's being violated, document these violations as thoroughly as possible, including dates, times, and the nature of the incidents. If the local police still do not take action, you may escalate the matter to higher authorities, such as the county sheriff's office or the state police. In some cases, contacting your state's attorney general's office or a civil rights office can also be an option. Additionally, you might seek assistance from a victim's advocacy group. These organizations can offer support, guidance, and sometimes legal assistance to help ensure your concerns are addressed. In situations involving ongoing harassment and assault, it's also advisable to consult with an attorney. An attorney can provide legal advice specific to your situation, help you understand your rights, and represent your interests in seeking protection and justice. Remember, you have the right to be safe and to have your concerns taken seriously. Seeking help from multiple sources and persisting in your efforts can be key in addressing such a difficult situation."
"Q: My mother is being attacked, financially, by her mother's former broker. What can she do?. He has accused her of fraud, removing her from her bank accounts, attacked her mother's current broker with a false report. She can no longer pay her Bills. Also, he is working with my mother's sister, lying to her about things my mother never said, and using my grandma, who my sister has taken to her home (and removed all communication), to get her to sign documents. My grandma is much older, forgetful, and she has no idea what she is signing. The investigators for my mother's bank--verbally--refused all evidence and closed my mom's accounts. She is now being investigated by her new bank. THERE IS NO EVIDENCE THAT SHE STOLE MONEY (because she DIDN'T), except they got my grandma to sign a letter saying my mother stole from her, when my grandma has no idea what she actually signed. SHE WOULD TESTIFY TO THIS, THAT SHE GAVE MY MOM A GIFT OF MONEY AND THAT NOTHING WAS STOLEN, BUT NOBODY IS INTERESTED IN HEARING HER, JUST HER SIGNATURE. WHAT SHOULD MY MOM DO? What can I do to help? ","A:Your mother should consider retaining an attorney experienced in elder law and financial exploitation cases immediately. This situation may involve complex issues like undue influence and financial abuse. An attorney can help navigate the allegations, work to protect her interests, and potentially initiate actions to rectify any wrongful conduct. It's also crucial to gather and preserve any evidence that supports her case, including documentation of the gift and any communications that could demonstrate the true nature of the transactions and interactions with her mother. As for your role, providing emotional support and assisting in the collection of any evidence or relevant information could be invaluable. Additionally, if your grandmother is being taken advantage of, reporting the matter to adult protective services could be a step to consider. Remember, the earlier you take action, the more options there may be available to address the situation."
Q: Long distance relationship troubles. Hello! I was in a year and few months long distance relationship with a man from Saudi Arabia. He would send me money via PayPal and gifts through mail one time. Recently I’ve been feeling sour towards the relationship due to how he’s been treating me and talking to me. I’ve tried to break off this relationship with him multiple times and he refuses to end the relationship and he continues to threaten me with “lawsuits” and saying he wants everything he’s ever given me back. Is this possible for him to do? What can I do to protect my self from this person that keeps threatening me every time I try to break things off with him. He says he will do everything in his power to make my life a “living hell”. Thanks! ,"A:In matters of personal relationships, gifts are generally considered final and do not need to be returned unless there was a clear agreement that they were loans or conditional upon certain terms. His threats to sue you for the return of these gifts or money may not have a strong legal basis. However, the continued threats and attempts to control or intimidate you could be considered harassment. To protect yourself, you may consider documenting all communication and threats, blocking him on all channels, and if the harassment persists, you may seek a protective order. It would be wise to consult with an attorney to discuss the specifics of your situation and any additional steps you should take to ensure your safety and legal protection."
Q: Amerigas keeps filling our propane tank without authorization after they found a gas leak in our home and it's not fixed. We have no contract with Amerigas and have not fixed the gas leak in our home but they have filled the tank twice now in less than a month ,"A:I suggest that you take the following steps: Contact Amerigas and inform them that you have not authorized them to fill your propane tank, and that there is a gas leak in your home that needs to be fixed before any further propane deliveries are made. If Amerigas does not comply, you may need to contact the California Public Utilities Commission (CPUC) and report the situation. The CPUC is responsible for regulating propane companies and ensuring that they comply with safety regulations. You may also want to consider contacting a licensed contractor to fix the gas leak in your home as soon as possible. This is important for the safety of you and your family. It is also important to ensure that any future propane deliveries are authorized by you and that the gas leak is fixed before any propane is delivered. Again, please note that the above steps are general suggestions, and you may want to consult with a legal professional for specific advice on your situation."
Q: What do I do if I am leasing a lemon and it's been on shop for almost a month and no estimated time of fix lost my job. And now I am going to lose my place to live and still don't know when I will get my car back help what can I do ,A:have you called and consulted with auto fraud attorneys regarding the issue?
"Q: Want to know if I can sue someone for online harassment without filing a cease and desist first.. I’m being harassed online anonymously. They are not threatening me, just saying nasty things about my boyfriend. I have not responded to them telling them to stop nor have I blocked them or reported them on instagram yet. Can I directly file a civil lawsuit? Or do I need to file a cease and desist first ","A:In California, you have the option to file a civil lawsuit for online harassment without issuing a cease and desist letter first. However, it's important to consider a few key factors before proceeding. Firstly, gathering evidence of the harassment is crucial. This includes screenshots or records of the offensive communications. If the harassment involves defamation (false statements damaging to someone's reputation), California law allows you to pursue legal action. However, if the statements are opinion-based or true, they may be protected under the First Amendment. Additionally, identifying the anonymous harasser can be challenging and may require legal processes to compel platforms like Instagram to release user information. You don't necessarily need to issue a cease and desist letter before filing a lawsuit, but it can be a useful step. It serves as formal notice to the harasser to stop their behavior and can potentially resolve the issue without court involvement. If you choose to pursue legal action, consulting with an attorney experienced in internet law and harassment cases is advisable to navigate the complexities of such cases."
"Q: How is full time and part time determined for an ihss parent provider?. My child has autism. IHSS has been approved for the child. Me and my spouse work full time from home. Currently both parents and older sibling (with an off roll) take turns to care for her. This will change once the older child goes to college next year. I have requested my work to reduce my hours (before ihss approval) as I am finding it hard to take care of my child. My work said that instead of converting me to a part time employee which the say is complicated in state of California, they can just reduce the hours of my job and prorate my salary and pay for the hours that I work. Does this count as part time and can I work as a parent provider? ","A:In California, the determination of full-time and part-time status for an IHSS parent provider is primarily based on the number of hours you are available to provide care for your child with autism. IHSS generally considers a provider to be full-time if they are available for 40 or more hours per week to care for the recipient. Part-time status typically applies if you are available for less than 40 hours per week. Regarding your situation, if your work reduces your hours and prorates your salary to accommodate your caregiving responsibilities, this may align with the definition of part-time work under IHSS guidelines, as you would likely be available for fewer than 40 hours per week for your job. However, it's essential to communicate with your IHSS case worker to ensure your reduced work hours align with the IHSS program's requirements. It's important to remember that IHSS has specific eligibility criteria and regulations, so consulting with your IHSS case worker or a legal advisor with expertise in California labor and IHSS laws would be advisable to ensure that your specific situation complies with state regulations while providing the best care for your child."
Q: Is HNO a scam. I invited with HNO ,"A:It would be best for an attorney in the area you posted in to advise. But with the question remaining open for three weeks, it's possible that financial advisors or investment brokers might be more familiar with this than attorneys. Good luck Tim Akpinar"
Q: My son is a minor and may or may not face criminal charges. Does he need a lawyer?. The officer and the detective said the decision is up to the DA's office. ,"A:If your son is facing potential criminal charges, it is strongly advisable to consult with a lawyer as soon as possible. Even if the decision regarding charges ultimately rests with the DA's office, having legal representation can be crucial to protect your son's rights and ensure his best interests are taken into consideration throughout the legal process."
"Q: I am being exposed to cleaning chemicals at work, by a business next door to where I work. Can I take them to court?. They say they are allowed to dump there by the City of Sedona, I stand above the drainage pit all day for 9.5 hours every day, for 8 years, burning eyes, throat, lungs. I have complained to my boss, his boss, the business that's dumping, and the city of sedona, who says they are allowed to do it. I am having medical problems,because of this. Sinus inflamation, just found out mild emphysema, eye irritation. What can I do? ","A:Thank you for your inquiry. I see a couple of issues you want to follow up. I would first contact the Arizona Department of Occupational Safety and Health (https://www.azica.gov/forms/adosh2213) and the US Department of Occupational Safety and Health (I don't have a link to the federal form), and hopefully they will send an inspector to investigate what is dumped that you are then exposed to at your job. I'm not familiar with that area of the law but I would think the City of Sedona does not have the final word on potentially toxic materials just because it issued a permit. That also does not mean you have not been injured by your exposure. You can notify your employer that you want a medical evaluation, or since you have already notified your employer and they apparently have done nothing just go on your own and have the health care facility (ER, urgent care) or provider (your personal doctor or specialist) file a Workers' and Physicians Report of Injury (ICA Form 102). I will tell you that letting this go for eight years may be a problem, even with an ongoing exposure, because you generally have one year from the time you know or should have know about an ""injury"" to file a workers' compensation benefits claim. The eight year exposure without anything serious enough for you to go on your own to a doctor also suggests this is not a major problem, but hopefully what I gave you here is a start. Thank you again"
"Q: If a property, with one APN, has 5 separate single-family homes on it, is that considered 'commercial' property?. Each of the single-family homes are rentals and have their own address. All are within the same APN number with the county for property tax purposes. Is this considered a 'commercial' property, because of 5 units, in terms of bank financing and insurance purposes? Or is this considered a residential property because each building is detached and separate even though they are all on the same APN? ","A:The classification of a property as commercial or residential can depend on a variety of factors, including the zoning of the property, the intended use of the property, and the number of units on the property. In the case you described, where a single property has multiple single-family homes on it, the classification of the property may depend on the specific laws and regulations in your jurisdiction. In general, a property with multiple units may be considered commercial if it is zoned for commercial use or if it is used primarily for business purposes, such as a rental property or apartment complex. However, if each unit is a separate single-family home and is used primarily for residential purposes, the property may be considered residential even if it has multiple units. In terms of bank financing and insurance purposes, the classification of the property may also depend on the specific policies and guidelines of the bank or insurance company. It's important to consult with your lender or insurance provider to understand how they classify properties with multiple units and what impact this may have on your financing or insurance options. Overall, the classification of a property as commercial or residential can be complex and may depend on a variety of factors. It's important to consult with a real estate attorney or other qualified professional to understand how the laws and regulations in your jurisdiction apply to your specific situation."
Q: My girlfriend and I bought a house together about 4 years ago. She never made a payment and does not live here.. Was wondering what she's legally entitled to concerning the house ,"A:Your girlfriend is legally entitled to a portion of the equity in the home, even if she never made a payment and does not live there. This is because you and your girlfriend are likely tenants in common, which means that you each own an equal share of the property. If you want to sell the home, you will need to split the proceeds of the sale equally with your girlfriend. If you cannot agree on a settlement, you may need to file a partition lawsuit in court. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: I want to release a video game called ""Trauma Team"". Is there a trademark for this name? Is it available now?. When I checked whether there was a trademark of this name, I came across the game company named ""Atlus"" released in 2009 with the same name. However, when I researched a little more, I saw that this trademark was canceled in 2021 in several sources. Is this true or will I run into any legal issues if I currently release a game with the name ""Trauma Team""? ","A:The trademark registration of Atlus Co., Ltd. for the TRAUMA TEAM mark expired in 2020 for failure to renew. However, if the mark is still being used (despite the registration expiring) you would be infringing by selling similar goods with the same mark."
"Q: Is adding FCA claim to EMTALA case a good idea? FCA should be qui tam action, EMTALA is not. Apples vs oranges.. 1. What can be interpreted as prejudice against defendant when adding FCA claim to EMTALA complaint? (FCA does not require proof of malicious intent). 2. Joinder would imply preparation that was not done yet - plaintiff was facing EMTALA statute of limitations deadline to do research and file complaint. 3. FCA is qui tam action, isn't it a basis for different legal case, not joinder? EMTALA is not subject to qui tam legal action. ","A:When considering the addition of a False Claims Act (FCA) claim to an Emergency Medical Treatment and Labor Act (EMTALA) case, it's crucial to recognize the distinct legal frameworks and requirements of each. The FCA, focusing on fraud against the government, doesn't necessitate proving malicious intent. However, adding an FCA claim to an EMTALA complaint might be perceived as an attempt to intensify the allegations against the defendant, potentially leading to a perception of prejudice. Moreover, joining these claims involves intricate legal strategies and thorough preparation. Given that you were working against an EMTALA statute of limitations deadline, it raises concerns about the adequacy of preparation for an FCA claim. This might suggest that the necessary research and groundwork for an FCA claim haven't been fully addressed. Finally, the FCA's nature as a qui tam action, which allows private individuals to sue on behalf of the government, differs significantly from EMTALA's legal framework. This difference suggests that these claims might be more effectively pursued as separate legal actions. Each case has its own unique legal paths and strategies, and merging them could complicate the legal process, potentially weakening the effectiveness of each individual claim."
"Q: Do I have any recourse against a neighbor who installed solar panels on their roof which now causes glares into my house. At certain times of day I get a blinding glare from the sun’s reflection off their solar panels resulting in loss of use of my kitchen, breakfast nook, living room and patio. HOA says the laws are on their side and the homeowner will not do anything as their installer claims this would reduce their solar collection. Do I have any options against the homeowner or installer? ",A:Draw the blinds? You have no options against the installer. It's remotely possible you have a claim against the homeowner. You'd have to retain an attorney to research the law to determine if you have a case.
"Q: I have been divorced from my ex in Brazil since 2022, he gave me custody of my daughter there, but I live in Florida?. I have been divorced from my ex in Brazil since 2022, he gave me custody of my daughter there, but I live in Florida and I need full custody of her here too, how can I proceed in this case? he was deported for domestic violence ",A:If you have a Brazilian court order then you can domesticate that order here in Florida. You will need a certified copy and it will need to be translated. Because it is international you may need an Apostille. Speak with a local family lawyer that deals with international family matters for more specific advice.
Q: I vacated my apartment on March 2 after I was told my vacate date was March 4. I unfortunately did not get it in writing. They are now billing me $2000 for rent March 2 through March 10 when the apartment was vacant. Do I have to pay this? ,"A:If you vacated your apartment on March 2 and were not provided with written notice that your vacate date was March 4, you may have grounds to dispute the rent charge for March 2 through March 10. It is recommended that you review your lease agreement to see if there are any provisions related to vacating the apartment and providing notice to the landlord. If there is no such provision, you may have an argument that you were not required to pay rent for the period between March 2 and March 10 when the apartment was vacant. You should also attempt to communicate with the landlord or property management company to explain the situation and dispute the charge. Ask for documentation or evidence that supports the charge, and provide any evidence you have that supports your position. If the landlord or property management company insists on the charge, you may want to consider seeking legal advice from an attorney who specializes in landlord-tenant law. They can review your lease agreement and the details of your situation to provide guidance on your legal options. Overall, it is important to take action promptly to dispute the charge and protect your rights as a tenant."
Q: Is there liability for a insurance company if my condition worsens due to their denial of authorization for more PT?. I was undergoing physical therapy for back/ spine issues with intermittent numbness and improving. Additional authorizations by my insurer were suddenly denied. PT office did not appeal immediately and only did once I received a copy of the letter and informed them. An appeal would take 30 days to be reviewed. My insurer stated since they requested authorization for more visits weekly it was flagged. Instead they should have asked for a larger amount of visits instead of 3/4 at a time. I am in limbo as the office did not immediately appeal as they stated they were gathering documents for the appeal. Then last week my condition worsened to where I have numbness in a new area further down from the existing. I am unable to consult with PT having no visits. Does the insurer have any liability for my condition worsening due to their denial? They previously wrongly denied a claim and paid after escalation to DOH/DFS. ,"A:You raise a very good question - and one that does not go overlooked by attorneys in challenging denials of medical care. Unfortunately, it is also a difficult issue to argue in most settings where a claim is closely processed with valid independent medical exams or peer reviews. If you have an attorney on the case, this would be something to discuss with them. Although this is only an individual opinion, in my experience, it can be a difficult theory to pursue. Good luck"
"Q: What kind of restrictions and red-flags might I need to avoid and look over when developing a mobile app?. Essentially I have an app in development that requires the user to utilize their phones movement (throwing or spinning it) as an in-game feature. I am concerned however on what would occur if a person accidently drops or breaks their phone and whether they are able to take any legal actions against me in that case. The app doesn't promote breaking the phone, in fact in warns against it and provides safety instructions, but what other precautions should I take to make sure everything will be alright? ","A:Dear Mrs or Mr, thank you for your question and I will be starting with the fact that its very good (from the legal point of view) that you are already warning your users and you provide safery instructions before usage of such app. Other relevant precautions might be to enlist these warnings and safety instructions into terms of use of your app which user must accept prior to the first use of your app. Also very relevant can be incorporation of provision regarding restrictions of liability for such cases. If you have any further questions, contact me anytime. I with you a good luck with your app project."
Q: ssi medical appointment was canceled by doctors office but i was told by ssi it was a no show on my behalf i have the vm. i have the voicemail ledt by the doctors office cancelling my appoint but ssi says i no showed and have now been terminated for my benifits ,"A:If your SSI medical appointment was canceled by the doctor's office, but you were told by SSI that it was a no-show on your behalf and have now been terminated for benefits, you may have grounds for an appeal. To appeal the decision, you will need to provide evidence that you did not miss the appointment and that it was canceled by the doctor's office. This may include the voicemail left by the doctor's office canceling the appointment or any other documentation that supports your claim. To begin the appeals process, you will need to file a Request for Reconsideration with the Social Security Administration (SSA). The Request for Reconsideration form can be found on the SSA's website or obtained from a local SSA office. The form must be filed within 60 days of receiving notice of the termination of benefits. In addition to the form, you will need to provide any evidence you have that supports your claim. This may include the voicemail left by the doctor's office, medical records, or any other relevant documentation. You may also want to include a written statement explaining the circumstances surrounding the canceled appointment and the miscommunication with SSI. After you file your Request for Reconsideration, an SSA representative will review your case and make a decision. If the decision is unfavorable, you may have the option to request a hearing before an Administrative Law Judge. You will need to file a Request for Hearing within 60 days of receiving notice of the unfavorable decision. It is important to note that the appeals process can be lengthy, and there is no guarantee of a favorable outcome. However, by providing evidence that supports your claim and following the proper procedures, you may have a better chance of having your benefits reinstated. If you have any questions or concerns about the appeals process, it may be helpful to consult with an attorney who specializes in SSI appeals to help guide you through the process."
"Q: My ex-wife stole my mail from irs and state and kept all money over $60,000? This money was put into her bank account(s). I never signed the taxes and never signed the checks and didn't approve of the money going into her bank account only. She lied about this in divorce court and never gave me the court ordered financial accounts their locations and the statements for the last 5 years? ",A:Report it to the local authorities and the court.
Q: My question is in the family law area specific to California.. If I found out that the lawyer who handled my adoption was actually disbarred at the time he represented my then adoptive parents. Is the adoption still valid and legally binding. ,"A:In California, an adoption is considered legally binding once it is finalized by the court. An attorney's disbarment can raise questions about the legality and validity of legal actions they performed during that time. It may be possible to challenge the adoption based on the attorney's status at the time, but this will depend on various factors and circumstances surrounding the case."
"Q: I am seeking your legal counsel regarding a series of events that have significantly impacted my housing security. January to May 2023: Rent payments made timely and without incident. • June 2023: Discussions with the OCB ensured continued support. • July 2023: Rent payment was missed due to the school’s oversight. • August to October 2023: Rent payments resumed as per usual. • November 2023: A late fee was incurred, pointing to payment issues. • November 10, 2023: Received a 10-day eviction notice unjustly. • November 11, 2023: The school acknowledged the oversight and processed the rent payment. • November 16, 2023: Despite the resolution of the payment issue, the eviction process continued. ","A:More information is needed. Was July rent ever paid? Was November rent ever paid? If all past due rent was paid within the 10 days specified in the notice, it likely is a defense to any eviction. You say the eviction process continues but they should not have even filed in court to evict until after the 10 days expired without full payment. So your posting, as it is, does not make much sense. And why do you say the 10 day notice was issued ""unjustly""? The notice may well have technical defects but if you still owed any rent on November 10, it would seem likely to be a valid Notice at least conceptually. If an organization agrees to pay your rent, great. But you are still the one that owes it to the landlord and if for any reason the organization fails to timely pay it, you are the one on the hook, not them (generally speaking)."
"Q: Is it illegal to make content using video game footage/pictures?. I want to make video game content like YouTube videos or screenshot pictures. Like game playthroughs or something. I also want to be able to monetize somehow, like with ads, affiliate marketing, or linking to Patreon. But I'm worried about getting in trouble with copyright or getting sued or something. I see other people doing it on YouTube and other places, and they seem to be making money off of it too. Is it legal to do things like that? If it isn't, why do so many people do it and get away with it? I've read that video game companies don't pursue copyright claims on things like YouTube videos with their content. Is that true? Also, what about video game mods? Do I have to get permission from the mod creators themselves if I make content with their mods in them? I read that, technically, video game mods are copyright infringement on the games themselves, so mod makers don't have any copyright rights. Is that true? ","A:Dear Creator, thats a very interesting question and I will gladly try to answer it. At first, in general, it is legal to create a gameplay videos from video games and post them on youtube and then monetize your channel. There are some circumstances when this does not apply such as when you are beta tester and are bind by the non-disclosure agreement. Also you can not say that the developer of the game supports your channel or it shall not be implied from your channel content/information, if it is not true of course. If you are not sure whether or not you can or can not use and monetize the content you create by making gameplay videos for instance, there is always an option to contact game developer support and most of them will guide what you can, or can not do. I have had an case with YouTube creator of Amazon game title and for instance this company has a very good information about what you can, or can not do right in their policy and terms of use. About game mods I would say that a mod itself is a new work and therefor an author of it should have copyright to it whether he used a ""default game"" code or not, in order to build it. However to answer this, I would need more information to answer you. If you have any further questions regarding gaming/creator law, or registering your own brand contact me anytime."
"Q: What are my rights as a father of an 8 year old boy that lives with me half the time . Bi weekly since 6 years old.. Split with mother (of 8yo )2021 up until then loved together now we share our some bi weekly . I also have another son (11) and he spends the same schedule so I have my two sons in my apartment at the same time , bi weekly . ","A:As a father in California sharing custody of your sons, you have certain rights and responsibilities. Firstly, you're entitled to spend time with your children according to the custody arrangement, which in your case is bi-weekly. This arrangement should be respected by both you and the children's mother. Your rights also include being involved in major decisions affecting your children's welfare, education, and health. You have the authority to make decisions during the time they are in your care, and you should be consulted on significant matters when they are with their mother. Additionally, you are responsible for providing for your children's needs while they are with you, including food, shelter, and emotional support. It's important to maintain a stable and loving environment for them. If there are any disputes or changes needed in the custody arrangement, consider discussing them with the mother. If an agreement can't be reached, mediation or legal action might be necessary. Remember, the court's primary concern is always the best interest of the children. Your situation, sharing custody of two children with their mother, is common and protected under family law. If you need more specific advice or find that your rights are being infringed upon, it may be helpful to consult with a family law attorney. They can provide guidance tailored to your unique circumstances."
"Q: Can I visit Philippines for the holidays if I have a history of felony conviction for armed robbery &…. … aggravated assault? I am a free US citizen with valid passport, having served 8 years for bank robbery from 2013-2021, and completed all required parole. ","A:It's important to note that travel restrictions and entry requirements can vary by country and are subject to change. You may want to consult with the U.S. Department of State and the Philippine Embassy or Consulate for the most up-to-date information on travel eligibility based on your history of felony convictions. Sincerely, James L. Arrasmith Founding Attorney and Chief Lawyer The Law Offices of James L. Arrasmith"
"Q: I need to sue the government for stalking, harassment, and RICO; ""gang stalking/organized stalking"" (modern COINTELPRO). I need a lawyer experienced/knowledgeable in government crimes (now declassified illegal COINTELPRO) to bring suit against it. I have not committed any crime and have a Federal background check, yet am still under 24/7 overt and covert surveillance and get ""mobbed"" with government asset stalkers anytime I go anywhere in public (they range from retired police to people who look like street thugs and drug addicts). It is not just surveillance but is pure harassment. I will not accept ""State secrets privilege"" as a response in any FOIA request. I have clear body cam evidence and 4K CCTV evidence of stalkers doing the most bizarre behavior around me (wearing disguises, etc.) and repeatedly appearing just as I leave/enter my home, and they try to appear local by wearing local sports teams apparel but I don't think so, which would make it Federal 18 U.S. Code § 2261A. I am thinking start with FOIA but need advice for the verbiage. Once I have whatever can be discovered, sue for damages. ","A:Suing the government for claims such as stalking, harassment, and RICO violations requires a detailed legal strategy and a deep understanding of both constitutional and civil rights law. It's essential to start with gathering and organizing all your evidence, including the body cam and CCTV footage you mentioned. Filing a Freedom of Information Act (FOIA) request can be a starting point to gather information. When drafting a FOIA request, be as specific as possible about the documents or information you seek, and clarify how it is relevant to your case. Keep in mind, however, that FOIA has exemptions, and the government may not disclose certain information if it falls under these exemptions. Given the complexity and seriousness of your claims, it's crucial to seek an attorney experienced in federal litigation and government-related cases. They can provide guidance on the feasibility of your claims, help draft the FOIA request, and plan a legal strategy, including potential lawsuits for damages. Remember, legal actions against the government are subject to specific procedures and immunities. An experienced attorney will navigate these complexities and advocate for your rights effectively."
"Q: Does a person who is DBA as C-corp enjoy the liability protection of the C-corp?. If we create a C-corp business, e.g. ABC Widgets, Inc but then create a DBA in a person's name, e.g. Jane Doe, DBA ABC Widgets, Inc, does Jane Doe also benefit from the liability protection of ABC Widgets, Inc? Would Jane incur any personal liability from this type of business structure? ","A:No, a person who is a DBA as a C-corp does not enjoy the liability protection of the C-corp. A DBA is simply a fictitious name that a business can use to operate under. It does not create a separate legal entity from the owner of the business. In the case of your example, if Jane Doe creates a C-corp called ABC Widgets, Inc. and then creates a DBA in her own name, Jane Doe is still personally liable for all of the debts and liabilities of ABC Widgets, Inc. The only way for Jane Doe to be protected from personal liability is to create a separate legal entity, such as a C-corp or an LLC. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: Is a livein partner responsible if leave disabled partner home alone for unknown period of time and injuiry occurs?. Dad disabled and live in girlfriend left for a couple days-ish. She calls from cell and asks for well check. Deputies get there & break in - he unconscious & unresponsive on floor and covered from head to toe in dog feces. Dried, not fresh-yet the puppy they have is not anywhere to be found. He is in St. V's, and they will be harvesting any organs they can, and then pull the plug - he is brain dead. He was not a nice man, we all estranged from him, but no one deserves this, no matter what he has done. Our mother, who he beat regularly, even has prayed for him. Seemingly the girlfriend came back and found his condition, and took the dog and left to place the call. That is only our theory. But she is also claiming that his property - 70 acres farmland has been signed over to her. She bragged about this to a family friend, that when he was polluted she had him sign something. No one knows, but help would be great. We want to give him a service & cremate him, she not around with all this ","A:There is just too much baked into this question. The roommate, based on this description, does not have a specific duty to your father. I am certain that the police will look into this matter too find out what she knew and when she knew. The answer to those questions would impact my answer. If your father actually transferred property to her through a deed she may have a claim to it. You need to have all of the information and documents reviewed by an attorney that regularly practices in your father's county."
Q: Questions regarding legal career. I'm currently a Political Science student at UCLA. I am considering going to law school and I would like to talk to currently practicing lawyers to gain some perspective regarding law school and careers in law. Would appreciate if anyone would be willing to chat :) ,A:I would be happy to speak with you for a few minutes over the phone. Give me a call.
"Q: I think I was lied to buy an obgyn. Is this considered Medical malpractice? Can I receive compensation?. I went to have my mirena iud removed @ the 5 year mark. The nurse practitioner could not find the strings, she used something she called a hook & other tools to find the them. Then I was sent for an ultrasound to check if the IUD was still in place. The obgyn then came in & used more tools to find them. Their attempts were very painful! The obgyn asked why I was having the IUD removed & then said it was good for up to 8 years and in Europe used up to 10 years. He assured me that it was still in place. I had been in pain for a while so I decided to leave since it was still in place & still effective. 2 yrs later, I was admitted to the hospital, for a few days, for being septic from e-coli. A nurse informed me the IUD wasn't in place & perforated my uterine wall & needs to be surgically removed. I feel the obgyn lied to me so I've been afraid to allow him to perform surgery on me. I still need it removed but I can't lie, I'm scared to trust the obgyn with my life. ","A:Yes, likely. You definitely have injuries and damages and it appears medical negligence caused it."
"Q: What would be the best way to address an HOA election dispute in PA?. It was brought to my attention that one of the previous board members who has now been re-elected for another term was in fact in violation of our rules and regulations prior to the nomination period being closed, which would be a direct contradiction of the amendments that they (previous board) themselves made. The amendment requires all elected officials be in “good standing” for a period of 12 months prior to election. I am not trying to be “that ahole” it just doesn’t seem exactly ethical to me to be on the board that directly made this amendment while being in direct violation of said amendment while others were disqualified for their violation. I have documented proof in the form of time stamped pictures (thanks to her very public Facebook page) of my claims. I had previously tried to address this issue with the last board and our property management but was quickly dismissed due to the fact that the (previous) board and the “nomination committee” are one and the same. ",A:The HOA bylaws govern what procedure you should take. How much are you willing to spend on attorneys fees to fight this?
Q: Can Canadians trade with offshore binary options platforms?. I have researched binary options platforms and I understand that if you have no experience trading then the Canadians government recommends against it and that it is not legal to offer binary options in Canada. But I keep reading that Canadians may trade on offshore binary options platforms regulated or unregulated in their jurisdiction at their own risk? ,"A:It's true that - in Canada - it's illegal for companies to market or offer binary options trading within the country. However, Canadian citizens are not prohibited from trading binary options with offshore platforms. This situation presents a risk, as many offshore platforms are not regulated in Canada. The key point to remember is that trading on these platforms carries significant risks, especially if they are unregulated. There is a higher potential for fraud and a lack of legal recourse if something goes wrong. The Canadian government advises caution, especially for inexperienced traders, due to these risks. If you decide to engage with an offshore binary options platform, it's important to conduct thorough research to understand the platform's credibility and the legal implications. Be aware that recovering funds from foreign entities can be challenging if problems arise. Before making any decisions, you might also want to consult with a financial advisor or legal professional who understands international trading laws. This can help you make an informed decision that aligns with your financial goals and risk tolerance."
"Q: Can I secretly record my blackjack play for my youtube channel in a casino in the states of MA, WV and PA? Public place?. Im not sure since the casino already records us and its a public place but its also a two-party consent place. The people already know they are being recorded because its a casino. So because that's implied is it okay if I record? What if I record and blur their faces does that make it legal etc? ","A:Recording your blackjack play for a YouTube channel in casinos in states like MA, WV, and PA involves several legal considerations. First, it's important to understand that casinos, while public places, have their own rules and policies about recording inside their premises. The fact that casinos themselves record activities for security purposes does not automatically grant patrons the right to do the same. In states with two-party consent laws for recording, the consent of all parties being recorded is typically required. This means that secretly recording your blackjack play, which would likely include other patrons and casino staff, could potentially violate these laws. Even if you blur the faces of those recorded, it may not fully mitigate the legal risks. Consent is a key factor in two-party consent states, and blurring faces does not substitute for obtaining permission. Your best course of action is to seek permission from the casino management before recording. Casinos may have specific guidelines or areas where recording is allowed. This approach ensures compliance with both state laws and the casino's own policies. Remember, violating recording laws or casino policies can lead to legal repercussions, including being banned from the casino or facing legal action. Always prioritize obtaining clear permission to safeguard against these risks."
Q: What can we who about falsely putting a person on a motion of discovery?. My roommate was caught with a bunch of drugs and money and a gun up the road from my house and told them he lived here and they came and raided my house. Nothing of what they were looking for was found besides a set of scales and a little personal. Then whenever he gets out and has his motion to Discovery it says that my husband is a witness of the state and its states things that he said that he never did say so what can we do about them falsifying the report ,A:Contact the attorney handling the defense in the case and have them address that
Q: Is it illegal to commercial spray round up with no license in pg County Maryland. I've been doing it for 5yrs ,"A:In Maryland, the law requires that anyone who applies pesticides commercially must be certified and licensed by the Maryland Department of Agriculture. This includes the use of products like Roundup. If you're applying pesticides as part of a business without the appropriate certification and licensing, you are likely violating state law. Continuing to do so could result in penalties, including fines and possible criminal charges. It is advisable to immediately stop applying pesticides commercially until you obtain the necessary license and to consult with an attorney knowledgeable in Maryland's pesticide regulations to address any potential past violations."
"Q: What do i do about food stamp investigation case against me?. An investigator contacted me and said i may have committed foodstamp fraud, my husband and i dont qualify for foodstamps just the kids. I applied after being denied but without him on my paperwork due to is unable to work out issues we both decided that he would leave to go stay is what i believed, if someone moves on i have 10 days to notify the dhs; 7 separate occasions we tried to ""fix"" our issues so we could live once again in the same house but with in a couple of day we weren't doing well. So then he would say hes he is going back to his dads. We never made it close to 10days so i didn't notify dhs because he left again. He would come over daily after work and before. He spent a night or two with the kids. He parked his vehicles in front of the house. He didnt eat here he is a cook so he would bring food home. He was able to be here maintaining the yard and pets cause his parents house is next door. I had a renewal and it asked if any changes happened . I said no i was honest ","A:In this situation, it's important to cooperate with the food stamp investigation and provide all requested information and documentation. If you believe you made an honest mistake in your reporting due to your husband's intermittent presence, you should explain this to the investigator. It's advisable to consult with an attorney experienced in public benefits and administrative law to ensure your rights are protected during the investigation."
Q: My mom received a letter from disability stating that she will have a review in March 24 for working June-Nov.. The dates that SSA provided are not accurate because my mom only worked June -Sept. they also provided someone else’s information along with her letter. This makes the 2nd occurrence where social security has sent someone else’s information along with hers. Is that considered negligence or HIPPA violation and can she sue? ,"A:Receiving another person's information in a letter from the Social Security Administration (SSA) could potentially be a violation of privacy regulations, including the Health Insurance Portability and Accountability Act (HIPAA). HIPAA is primarily focused on protecting personal health information, but it can extend to other forms of personal information in some contexts. If this is the second occurrence of such an error, it raises concerns about the handling of confidential information by the SSA. You should consider reporting this incident to the SSA to address the immediate concern of incorrect information and potential privacy breach. Additionally, it would be prudent to consult with an attorney experienced in privacy law and SSA matters. They can offer guidance on the specifics of your mother's situation, including whether there is a basis for a legal claim. Legal action might be possible if negligence or a failure to protect personal information is established, but this depends on the specific facts and applicable laws."
Q: I did work on a commercial property. Owner is not paying. Owner took out a loan on his personal residence to help pay for the construction on commercial property. Can I lien the home as well as the commercial property? ,"A:You will need a MT attorney on this. Your materialman's lien would be filed only against the work you did on the commercial property. However you might be able to file the M & M Lien, then sue the customer for breach of contract. However defendant will argue you that an election of remedies was made, and in any event, you can only recover once."
Q: I live right across the street from a office building no more than 50' away have gas leaf blow dust rubbish leafs legal. What is the revised status for a gas powered leaf blower to be used every mourning at 10am mon-sat blowing mostly dust and dirt very little leaves. What are my rites as a resident within 50 feet of my apartment. ,"A:A Hawaii attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney, one option might be to check with applicable noise ordinances - these can be very localized. Good luck"
"Q: If I received insurance check for storm damage can bank cash and hold check because of lack of signature?. Insurance check made out to mortgage company and me, I signed and deposited check, bank cashed check but put hold on it until mortgage company signs, mortgage company won't sign until check reissued by insurance company. Check issued Feb. 2023. Insurance says can't reissue because bank cashed check. Have talked to all parties. Not getting anything done. ","A:While I do not practice in Missouri, generally speaking, you will want to contact the Missouri Department of Insurance who should be willing to step in to assist. I see no reason that the mortgage company wouldn't be willing to sign off on the original check, for your back to cancel the transaction, or for the insurance company to reissue the check and stop payment on the current one. Any of those should be a reasonable result to assist you in moving the claim forward."
"Q: Hello, good day: I am writing to ask you for your help. My dad worked in this company between the 60s and 70s for 8 year. Hello, good day: I am writing to ask you for your help. My dad worked in this company Gatx-Fuller, between the 60s and 70s for 8 years, as a comptroller in Mexico City before the Federal District, could you provide me with the company's employer registration with the IMSS or Mexican Social Security Institute?, this to get the pension widowhood of my mother. Please. Thanks in advance. I hope you can help me. ","A:To obtain the employer registration number of Gatx-Fuller with the Mexican Social Security Institute (IMSS), you'll need to follow a few steps. Since this is a matter involving historical employment records in Mexico, the process might be specific and require certain documentation. Firstly, it would be beneficial to contact the IMSS directly. They can guide you on the specific requirements and procedures to obtain such information. Be prepared to provide details of your father's employment, such as his full name, dates of employment, and any other relevant details you might have. If direct contact with the IMSS does not yield results, consider reaching out to Gatx-Fuller, if the company still operates in any capacity. They may have records or can provide guidance on how to access such historical information. In situations where you face difficulties in obtaining this information, it might be helpful to consult with a lawyer in Mexico who has experience in employment or pension-related matters. They can assist in navigating the legal and bureaucratic process to obtain the necessary information. Remember, gathering all relevant documents you already have about your father's employment will be useful in this process. This includes any old pay stubs, employment letters, or any official documents from his time at the company. Patience and persistence are key in dealing with administrative processes, especially when it involves historical records."
"Q: Can a captain charge deckhands for gear/supplies as he deems fit?. Normal deductions are food/fuel. The following are extra. 2 examples. A captain from another boat needs to borrow a grapple hook. With the captains permission a deckhand takes the hook to the other boat and helps with the task. The hook is accidentally left on the other boat and they leave town and the hook behind. The captain blames the deckhand and takes the cost of the hook from his pay. Knowing he’ll get the hook back. 2. The captain just bought new crab pots this season. Something he is going to write off on taxes. During crab fishing crab pots are lost at sea throughout the season due to no fault of the crew. Run over by over boats, stuck in the mud, etc. The pots value roughly 150$-250$ each. The loss is tallied at the end of the season and the captain splits the charge evenly among crew. Especially with the pots being a write off, can the captain just charge crew for whatever he believes they owe him for whatever reason he deems they owe him for? ","A:I think the answer depends on how the crew is being paid. It is also potentially not a WA answer if the work is being done in Alaska. In WA, an employer cannot charge an employee for broke/lost equipment unless it was an intentional or dishonest act that caused it to be lost/broken. I doubt either described scenario applies. The employer would have a better case for the hook, possibly being ablet to claim it was gross negligence. However, crabbing is often not done as hourly work. If you are being paid a share of the profits, this is potentially a question of how ""profits"" are defined (and what costs are deductible from gross profits to arrive at net profits, assuming that is the basis for your share) and not really an instance of an employer ""deducting"" broken/lost equipment from a paycheck--at least for the crab pots."
"Q: My child was arrested for illegal trespass on school property, where he attends school . Special needs 504. My son went to school with his brother on the bus. The bus was late my son was approached by a school administrator while walking on school property administrator, then tried to tell my child is being illegally trespassed and was going to suspend him that he had to leave as my child tried to leave the school grounds. He was then approached by sheriffs And said the sheriffs he was forced to take my child down and pay some of the rest. My child was supposed to be on school grounds for that is his school they violated their own policies. I was supposed to be notified immediately before any escalation clause, my child is on the 504 determination , he is supposed to be dealt with differently than the normal students, but I know time did I give any consent for any officer or school officials to place their hands on my child which I don’t need the score administrator hurt my child’s arm from the way, he was grabbing them. The officer also slam my child to the ground and they were two officers ","A:In the situation where your child, who is on a 504 plan, was arrested for illegal trespass on school property, there are several important factors to consider regarding his rights and the school's obligations. Firstly, students with 504 plans are entitled to certain protections under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. These protections apply in disciplinary situations. When a student with a 504 plan is disciplined, the school must ensure that the disciplinary measures do not infringe upon the student's rights and that they continue to receive the services outlined in their 504 plan. This includes ensuring that any change in the student's placement due to disciplinary actions does not prevent them from receiving these services. If the disciplinary action results in a change of placement for more than a total of 10 school days, the school is required to notify parents or caregivers immediately in writing and inform them about their legal rights. Additionally, the school must conduct a special review, known as a manifestation determination, to ascertain whether the misbehavior was a result of the child’s disability. If the misbehavior is found to be caused by the child's disability, the school and the IEP team must conduct a functional behavioral assessment (FBA) and implement or modify a behavior intervention plan (BIP) as necessary. For any disciplinary actions, schools are required to follow their code of conduct, which should be accessible to parents and students. This code outlines the rules of behavior and the consequences for breaking these rules. Students with IEPs or 504 plans, while expected to follow these rules, have additional protections and rights regarding school discipline. The Office for Civil Rights (OCR) under the Department of Education has the administrative authority to enforce Section 504. This means that if you believe the school has violated your child's rights under Section 504, you have the option to file a complaint with OCR or initiate a private lawsuit against the school district. In the context of the specific incident involving your child, it's crucial to examine whether the school followed the proper procedures as outlined by the 504 plan, including the requirement to notify you before escalating the situation and to conduct a manifestation determination. It's also important to consider whether the school's actions were in accordance with its code of conduct and whether the disciplinary measures were appropriate and non-discriminatory. Given the complexity of these laws and the seriousness of the situation, it might be beneficial to consult with an attorney experienced in education law or a special education advocate who can provide specific guidance and support based on your child's individual circumstances."
Q: Is an attorney required to inform their client about the existence of a medical out of pocket fund?. The fund is from a third party for the clients use. ,"A:Under California law, an attorney has a fiduciary duty to their client, which includes the obligation to communicate all significant developments related to the representation. This encompasses informing the client of the existence of a medical out-of-pocket fund provided by a third party that is available for their use. Failure to do so could be a breach of the duty of loyalty and duty to keep the client informed, as required by the California Rules of Professional Conduct."
Q: Police just towed out cars for not being registered and they were parked in driveway. Is that legal?. Isn't the first time they've harassed us also what about constitutional rights? ,"A:Under California law, vehicles parked on private property, like a driveway, generally should not be towed for registration issues alone, unless they pose a safety hazard or violate specific local ordinances. It's important to review local municipal codes as they can vary and might have specific provisions regarding vehicle parking on private property. Regarding harassment claims, if you feel your rights are being infringed upon, it's advisable to document these incidents and consider seeking legal counsel for guidance on potential civil rights violations. The towing of vehicles for registration issues usually pertains to public roads and spaces, where unregistered vehicles can be considered a violation. However, the application of these laws can be nuanced, and specific circumstances can lead to different legal interpretations. It's recommended to consult with an attorney who can provide guidance based on the specific details of your situation."
"Q: Does the heir of patent private property with Allodial title on BLM records should have legal rights to the land. I know this person who has the certified copies from the BLM showing ownership of land from pre-existing Spanish/Mexican land grants before California became a state in 1850 of 241,440.86 acres. It was part of the Treaty of Guadalope Hidalgo land claims with the authority of March 3 1851 Spanish/Mexican land grants (9stat.631) is it still the highest evident of ownership to the land as what BLM records show. ","A:The heir of patent private property with allodial title on BLM records should have legal rights to the land. Allodial title is the highest form of ownership that can be held over land. The Treaty of Guadalupe Hidalgo and the March 3, 1851, act of Congress guaranteed the rights of Mexican citizens to their land grants in California. If the person you know has certified copies from the BLM showing ownership of land from pre-existing Spanish/Mexican land grants, then they are likely the rightful heirs to that land. The BLM records are considered to be the highest evidence of ownership to the land. However, it is always a good idea to consult with an attorney to confirm your legal rights to the land."
"Q: If the superior court is Federally funded and Due Process is violated, who is held liable for all the damages caused?. I know Sovereign Immunity Defense is not available for money damages claims when constitutional rights are violated. I suffered heart attack symptoms after the moral torpidity of the definite bias of the Judge. I was then subjected to 53 days of solitary confinement with no medical treatment and my VA prescribed hypertension medication was not given forcing me into life threatening stage 3 hypertension. Due Process is definitely not the only constitutional right violated and the amount of evidence and police investigators confirmed actually criminal activity has occurred. Racketeering is clearly at play and public records confirm the allegations as fact. Know that 2 separate U.S. Agencies Inspector General investigations also confirmed crimes against the U.S. and myself occurred. ","A:When constitutional rights are violated, particularly by state actors such as courts or law enforcement, individuals can potentially bring a claim under Section 1983 of the U.S. Code. This allows individuals to sue state and local government officials for damages when they've violated federal constitutional rights. Regarding your situation, if you believe your rights were violated, you can potentially bring a claim against those responsible, which could include individuals or entities involved in the alleged misconduct. However, determining liability requires a thorough analysis of the facts and circumstances. Sovereign immunity may not always apply, especially when constitutional rights are at stake. Given the severity and complexity of your allegations, it's crucial to consult with an attorney experienced in civil rights litigation in Georgia. They can help you navigate the process and determine the best course of action. Remember, time limits for filing such claims can be strict, so you should act promptly."
"Q: I was served a ""voluntary"" list of questions (document requests) from the SEC but cannot afford an attrny. Suggestions?. I have reason to believe I am at the center of their investigation - it involves a significantly large public company. I have been told by friends that the ""voluntary"" nature of their inquiry is a ""test"" to see if I will cooperate and I have reason to believe this will not just ""go away,"" even while I maintain innocence. ","A:This is like making voluntary statements during a traffic stop. Just don't do it. Name, address, and DL, and then STFU. Remember, ""Nobody ever got into trouble for what they do not say"" and in this case do not voluntarily provide. I you do not supply how can you get into trouble for it? Many times these are fishing expeditions. If you do not respond, they may just let it go. They are playing ""good cop"" making it voluntary. Make them work for it. Giving it to them may cause far more problems than it solves. Unless you are served with some type of court order compelling production, I would not respond and see what happens. Do not tell them you do not have an attorney. Do not answer their calls, emails, etc. unless there is some law I do not know about that would require you to. You will probably get answers from other attorneys all over on this one. It is a judgment call. I am a firm believer in not making it easy on them. They are lazy by nature and if it becomes difficult and they have to do a little extra work, it has been my experience that many government employees will just let it go. Without more info, I say wait and see what they do. Do not respond. Not responding to a voluntary request is not against the law (to my knowledge). Make them work for it and see what their next move is. Good luck. Hope this helps."
"Q: why didnt the judge ask for any proof from the mother about paying her mom rent for the child to live with her or how mu. child's mother withheld fact child no longer lives with her from me and D.C.S.S. only see's child maybe 2 times a week yet gets 100% time spent with child credit, i get 0% because mom nor child bothered to tell me they moved out of town. i would try to schedule visits with the child but she was always busy with whatever so i never got to spend time with her. (i put that in my declaration). mother claims she pays the child's gma rent for child to stay there. the judge didn't even bring up fraud about child not living with her mom for almost 2 years nor did they ask how much she pays her mom or for any proof of amount paid.. or about how much time spent with child or telling me they moved.. how do i know she isn't just using what i pay to D.C.S.S. to pay gma and not matching what i have to pay monthly ? she also claims shes going through a divorce yet they separated almost 2 years ago. she didn't claim any spousal support on her I & E but will be receiving money from the house when sold ","A:In California, child support decisions are typically based on each parent's income and the amount of time they spend with the child. If the mother's living situation or the actual time spent with the child differs from what was reported, this could affect the child support calculation. However, judges often rely on the information presented to them in court, and if certain facts aren't brought to their attention, they may not be considered in their decision. If you believe the mother is not being truthful about her living situation, the child's residence, or the amount of time she spends with the child, you can request a modification of the child support order. In your request, you should provide as much evidence as possible to support your claims. This could include any communication regarding visitation attempts, proof of the child's residence, or any other relevant information. It's also important to note that the process of determining child support and addressing custody issues can be complex and often requires detailed evidence. If you haven't already, consider consulting with a lawyer who can help you navigate the legal system, gather necessary evidence, and effectively present your case to the court. Remember, the court's primary concern is the best interest of the child, and providing accurate information is crucial for the court to make a fair decision. Taking legal action to rectify any misinformation can help ensure that child support arrangements are fair and reflect the child's actual living and custody situation."
"Q: NEB/ my child support case required a referree report, is it true a referee is only required for step parent/non custdia. ive never did a paternity test but i did sign the birth certificate & a AOP i had a child support case which was dismissed because my son is with me more then his mother & ive had insurance since he was born, a referree report was required, i had 14 days to come back to court which i was unaware of & the court had order adopting a referree report & recommendation, i read online a referree report is only required for non custodial step parents.. does this mean im not the biological father? does this mean i dont have any parental rights? any help would be greatly appricated. ","A:The Child Support Referee is a type of judge that primarily handles child support cases. One way to think about it is to think that the child support referee is under the supervision of the district court judges. There are so many child support cases and it helps to have a specialized judge to handle the caseload. Many counties have a child support referee issue a report. The district court judge then technically signs the Order that is based off the child support referee's report. Thus, a case that goes in front of a child support referee does result in an order from the district court judge. The child support referee handles all sorts of cases related to child support. Any info that you read that says they are limited to non-custodial step-parents is not correct, at least not in Nebraska."
Q: Does thos order work? Do not arrest or harass people associated with me I am undercover against corruption.. I ORDER A FINE AGAINST THE POLICE IN THE AMOUNT OF $250K PER OFFICER IN THE CASE OF J.B. AND THE CASE IS DISMISSED. BROWN IS NOT GUILTY ,"A:The situation you're describing appears to involve a complex mix of legal issues, but it's important to clarify a few key points about how the legal system works. Firstly, an individual cannot issue orders to the police or the courts, including ordering fines or dismissing cases. The authority to make legal judgments, impose fines, or dismiss cases lies with the courts and is carried out according to established legal procedures and laws. If you are involved in an undercover operation against corruption, such activities are typically coordinated with law enforcement agencies and do not grant the power to unilaterally make legal decisions or issue orders about arrests, harassment, or case outcomes. If you are facing legal issues, including those related to employment discrimination, immigration, or any other matter, it is crucial to seek legal advice from a licensed attorney who can provide guidance based on the specifics of your case. They can help you understand your legal rights, the appropriate procedures to follow, and how to navigate the legal system effectively. Remember, the legal system can be complex, and understanding your rights and options is essential for addressing any legal concerns you may have. An attorney can provide the necessary support and representation to ensure your case is handled appropriately."
"Q: 17yr DUI. He says wasn't read rights on scene. Handcuffed, then ankle cuffed to floor at the station. Is this legal?. Made illegal left turn from side street to 2 lane 1 way into the right lane. My son used his personal cellphone to call us. (Wasn't the officer.) Was read rights at police station with us present Except he read them then left the room before 20 minutes was up. Then came back into the room and said he had to start the clock over. However, he didn't repeat our rights. Police officer stated it was a non deliquent offense. Also said our son was not resisting. But sign in station says ""Juveniles charged with a non-deliquent offense (including local ordinance), such as underage drinking, curfew, truancy, or running away, cannot be securely detained. So why was he handcuffed and stuffed into the cop car and then ankle cuffed to the floor in a locked room at the station. Not to mention left alone the whole time he was waiting for us to arrive. He was cold when we arrived, eventually started to shiver so I gave him my jacket. We received copies of an unsigned ticket . ","A:First off, they read him his rights once. Secondly, not reading your rights does not mean not guilty automatically, If Miranda is violated it only suppresses any statements made. He was not charged with underage drinking, curfew, truancy, or running away. He was charged with a criminal offense, DUI. Time to lawyer up. If he is convicted of DUI, he loses his license for a minimum of two years and then must have a hearing with the Secretary of State."
"Q: I was sold a car that had a 125-point inspection, took it to a mechanic and there were issues that should've been found. The car dealership advertises that they do a 125-point inspection and the issues that were found total up to almost $2,000. I researched what type of issues are looked at with this type of inspection, and with the information that I found there is no way that an inspection was done. Is this false advertisement and are they allowed to sell me a car saying it had 125 inspection when in fact it did not? The mechanic that I took the car to says there is no way that they did not know that the issues that the car has could have been missed with an inspection like that. ","A:Potentially; SC has a Motor Vehicle Dealer's Act, which prohibits deception in advertising or in statements made to you about the condition of the car. So, if Dealer said it had done an inspection (in advertising or elsewhere) but did not really do one, Dealer could be sued under the Dealer's Act. Whether or not a case can be taken by a lawyer sometimes depends on how big the dealer is; smaller dealerships are sometimes difficult to pursue because of financial issues and the costs of recovery. However, all dealers in SC have to carry a 30k bond, so a complaint to the SCDMV may also be helpful, even against smaller dealers. Big dealerships in situations like this are generally worth pursuing."
Q: Can police refuse to give me the location of my child who is under 16. My child ranaway she is 14 and cops refuse to tell me where she is. ,"A:In situations where a child under 16 runs away, the police generally have protocols to ensure the child's safety. However, there can be circumstances where they may not disclose the child's location immediately. This could be due to various reasons, including ongoing investigations, concerns about the child's welfare, or legal considerations. If the police are refusing to disclose your child’s location, it’s important to understand their reasoning. You have the right to ask for an explanation regarding their decision. If the reason is related to an investigation or the child's safety, they might have protocols that prevent them from sharing information immediately. In such cases, maintaining open communication with the police is key. Express your concerns about your child's wellbeing and your eagerness to reunite with them. Ensure that the police understand you are the legal guardian and are seeking to ensure the child's safety. If you believe the police's refusal to provide information is unjustified or if you have concerns about your child’s rights and welfare, it might be beneficial to seek legal advice. An attorney can help you understand your rights in this situation and provide guidance on how to proceed. Remember, the primary goal is to ensure the safety and well-being of your child. Working cooperatively with law enforcement and legal professionals can help achieve this outcome."
"Q: If a flatbed tow truck driver asks you to drive your own car onto the bed, and it gets scratched, who's at fault?. A flatbed tow truck driver came to get my car due to a flat tire. I'm down a long driveway. I said I'd drive it to the front with a front driver flat. I live on a busy 4-lane with median street. He was parked in the median, but with the ramp to the right of my driveway, so to get on the ramp, the car had to move against traffic in the near lanes, then backup into the median, then onto the ramp. He asked me to drive it all the way onto the ramp. He didn't mention risk or have me sign anything. While backing up, due to tight spacing and heavy backed up traffic, I had to backup and move forward like 6 times to try and avoid his ramp, which was behind me as I backed out of the driveway. it was so low at one point, I scratched my passenger side door. I thought he should be watching to tell me I was about to do this, but no. Once I got it in the flat bed, he said he was not responsible. Is this legal? He's offloading the risk of damage to do HIS job to me, the customer, without disclosure. ","A:The situation you described raises several legal and liability issues related to the towing of your vehicle. Here are some key points to consider: Towing Company's Standard Procedure: Typically, it's the responsibility of the tow truck driver to load and secure vehicles onto their truck. This is part of their professional service and expertise. By asking you to drive your car onto the tow truck, the driver deviated from standard towing procedures. Liability for Damage: If the tow truck driver directed you to load the car onto the truck, and in doing so, your car was damaged, the liability could potentially fall on the towing company. This is especially true if no clear warnings or disclaimers about the risks were provided to you. Lack of Disclaimer or Waiver: The absence of any signed waiver or disclaimer stating that you assume the risk of damage when loading your car could work in your favor. Typically, companies should provide clear disclaimers or have customers sign waivers if they are assuming any unusual risks. Role of the Driver: The tow truck driver’s failure to guide or warn you about the potential for damage could be seen as negligence. As a professional, the driver should have been aware of the risks involved and taken steps to mitigate them. Insurance Considerations: It's worth checking with your auto insurance provider to see if they can offer any guidance or assistance. They may also provide coverage for this type of damage, depending on your policy. Legal Advice: For a definitive answer and to explore your options for recourse, it would be advisable to consult with a legal professional. They can provide guidance based on the specific laws and regulations in your jurisdiction, as well as the details of your case. Documentation: Document everything related to this incident, including any communications with the towing company, photos of the damage, and the circumstances under which the damage occurred. This can be crucial if you decide to pursue a claim. Negotiation with the Towing Company: You might consider negotiating with the towing company directly, explaining the situation and your perspective. Sometimes, companies are willing to settle these matters without legal intervention to maintain customer satisfaction and their reputation. Remember, each situation can be unique, and the local laws and specific circumstances of the incident significantly influence the outcome. Seeking legal advice would be the most reliable way to understand your rights and the towing company's responsibilities in this situation."
Q: I am in MN. have two charges from the same incident. They both Domestic Abuse charges.. This is my first time facing these types of charges. There is a No Contact order with my Mom (the alleged victim) that she doesn't understand. I am scared I am going to go to jail. My Mom said they would just give me probation. She does not want me to go to jail. She also is afraid to call the judge about the no contact order or to appear in court. ,"A:It is imperative that you maintain no contact with your mother while the no-contact order is in effect. Only the judge can lift the no contact order through a motion or request by the victim's advocate. Typically, a hearing will be held on the matter. Sometimes that judge will just issue an amended no-contacted order with amended conditions, but it varies depending on the circumstances. The best way to go about this is as follows: have your attorney or your public defender reach out to the victim's advocate in your case. In every domestic violence case, there is a victim's advocate assigned to handle communication between the protected party (your mother in this instance) and the court/defense. Have your attorney reach out to the victim's advocate and explain what is going on. If your mother wants to maintain contact with you, then have your attorney urge the victim's advocate to have the judge lift the no-contact order. Or at the very least, make sure that the court is aware of the situation to protect you in the event that they find out about any contact between you while the order is still in place. That way, the judge knows that the contact was not intended on your part. The most important part is that YOU maintain NO CONTACT with the alleged victim (your mom) until the order is lifted by the judge. Most first time offenders will not go to jail if they abide by the conditions of the no-contact order, which means you will probably get a probationary sentence. This depends on the circumstances and extent of the alleged violence in your case. Most often, the no-contact order is lifted after sentencing. So, while it is true that you will likely get probation as a first time offender, it is still imperative that you maintain no contact with your mother until the order is lifted. Hopefully, your attorney will be able to get it lifted before that time so that you may continue to have a relationship with your mother during these proceedings. I am sorry that you and your loved ones are in this situation. Hang in there. This too shall pass."
"Q: The complainant is looking for a contingency federal attorney to represent him in his Complainant in Maryland. As a matter of fact, the Complainant was discriminated against and harassed based on race (black), national origin (Nigerian), disability (physical), and retaliation for protected activity (prior activity, opposition to discrimination, and request for reasonable accommodation when: On March 2019 to present, management ignored Complainant’s requests for recommendation letters. From November 2018 until his termination July 15, 2019, Complainant was denied formal training, despite his position as an intern requiring two years of training. On April 2019, July 15-31, 2019, August and September 2019, management ignored Complainant’s calls and messages. From May 2019 to July 15, 2019, Complainant was not promoted . From March 2019 to July 15, 2019, Complainant’s job duties were changed. 6. From March 2019 to July 15, 2019, Complainant was excluded from communications that his coworkers received regarding meetings, trainings, workshops, and seminars. And others ","A:A Maryland attorney could advise best, but your question remains open for three weeks. If you are looking for an attorney, it is going to be difficult for attorneys here to respond to you to offer their services. This site isn't set up like an attorney referral service - it's basically only Q & A. In addition to your own searches, you could use the ""Find a Lawyer"" tab above, which lists attorneys by region and area of practice. There are also attorney referral sections of most state and local bar associations. These resources are outside this forum, so any arrangements would be between you and attorneys you may reach out to. Good luck"
Q: For NC if my child gets Medicaid do i have to put my bd on child support ? What if i don’t want & we have agreement. Can i just take my child off Medicaid ? Or are there other options ,"A:In North Carolina Child Support Enforcement Services must, by law, seek support from the non-custodial parent when a child receives some sort of public assistance, including Medicaid. You, as the custodial parent, cannot waive this even if you do have an agreement that states otherwise. The amount will be determined by the Child Support Guidelines established by the state of North Carolina."
Q: what happens if im driving a company vehicle and im not high but weed is in my system and someone hits me or i hit some1. i usually only smoke like one bowl a day and if i get a medical card will i be ok no matter what ,A:It is illegal to smoke marijuana in Ohio. This is true even if you have a medical card. Your employment is also not protected from the use of marijuana even if you have a medical card. Marijuana in your system will likely be determined to be a contributing factor in any accident.
Q: can you file criminal charges against a police officer for false arrest - - false imprisonment. can you file criminal charges against a police officer for false arrest - - false imprisonment ,"A:Theoretically you could file criminal charges for a false arrest, but it would be a long uphill battle to show an Officer intentionally made a false arrest resulting in malfeasance or misfeasance. If you believe the Officer had no reasonable grounds to place you under arrest, you should seek Counsel to weigh your options."
"Q: If in a case, the Supreme Court announce that an int. treaty is inconsistent with the Constitution, what will happen?. I mean, what is the legal effect of such announcements? is it limited to the parties of that case? or the government have to terminate this treaty? and do we have any example for such a case? Sincerely Young researcher ",A:Nations generally review treaties before becoming signatories. That's when they have the opportunity to determine if a proposed treaty has provisions that are contrary to its constitution. Good luck
Q: Their restaurants insulted me is that why they went LLC. I'm a Christian someone told me they pay people to tort me ,"A:Under California law, forming an LLC (Limited Liability Company) is primarily a means to protect the personal assets of the owners (members) from business liabilities. An entity's decision to go LLC is usually based on business considerations rather than personal disputes or insults. If you believe a restaurant has wronged you, legal recourse is available through defamation, personal injury, or other relevant claims. Additionally, claims about paying individuals to harm you are serious and could fall under various criminal or civil laws. If you have evidence of such activities, it's crucial to seek legal advice and potentially involve law enforcement. However, the formation of an LLC by a business is not directly indicative of any intent to cause harm or insult. It's essential to separate personal grievances from the business structure decisions made by entities. Always consult with your legal peers or other professionals before taking any legal action."
"Q: Need attorney ASAP that has experience in “Toxic Mold Exposure” in workplace, Maricopa County ARIZONA. Toxic mold exposure where my daughter worked , caused her, a tumor, stage 4 heart failure, organ damage . We need help with finding an experienced toxic mold attorney in Arizona, maricopa county area! ","A:Good afternoon. These are very complicated cases and require extremely specific evidence of the extent and location at the workplace of the mold growth, the exact type of mold, the nature of exposure (how long and how close to her work area), absence of any other potential mold exposure, and medical evidence that [any of] the listed conditions are probably (more likely than not) caused by exposure to that particular mold. The cost of developing this kind of case can [will] be in the thousands of dollars and your daughter should be prepared to cover those legal expenses in advance. She should contact a lawyer who specializes in work injury claims as soon as possible because there may be issues of when she files a claim if she waits too long"
"Q: If Attorney/Client have a valid Arbitration Clause between them in California, can the case be heard at a private forum?. In California, if there is what appears to be a valid, signed Agreement between Attorney/Client that contains a valid Arbitration Clause: What type of Arbitration is it, i.e., consumer, employment, etc.? and Can the case be heard at a private forum not normally designated for consumer arbitration? ","A:Typically, the Arbitration clause itself describes the terms of the Arbitration, however, whether it does or not, the parties can agree on any terms they want, including waiving the Arbitration Clause altogether. Personally, especially, in Legal Malpractice cases, I despise Arbitrations. Usually, arbitrators are retired judges. And what is another term for retired Judge? -- Attorney, with a built-in bias in favor of attorneys. Even when there is an Arbitration Clause, I almost always file a Complaint in Superior Court, and let the Defendant move the case to Arbitration. Although the Courts favor Arbitration, in my experience, most Judges make the Defendant ""dot every 'i' and cross every 't.' "" I have had considerable success in avoiding Arbitration."
"Q: Hello, I am a PhD student in Poland.I am looking for inf on defects of consent in Delaware corporate law (resolutions). Where can I find information on defects in consent while conducting corporate resolutions in Delaware? Specifically relatd case law. Best regards ","A:There are a number of different databases out there, some of which are free and some of which charge fees. This could be a narrowly tailored legal search. You could broaden it slightly and possibly retrieve additional search results by including issues of mistake, fraud, meeting of minds, mutual assent and other elements that could challenge the validity of consent. Tim Akpinar"
Q: I have mold in my house making me and my kids sick what is the landlord's obligations and there's no lease involved here. Also have electrical wiring issues no sink I moved in here with feces on the walls and floor and no floor in the kitchen old plumbing is really messed up septic is backed up ,"A:An Indiana attorney could advise best, but your question remains open for two weeks, and you express some immediate concerns about the safety and welfare of your family. One option here is to repost your question and include Landlord-Tenant as a category. Although all your category selections make sense, landlord-tenant law is probably closest to the issues you describe. There's no guarantee all posts are picked up, but you could have better chances for a response in adding that category. If you don't want to lose time, you could simply reach out to L-T attorneys without further delay. You could search independently on your own or use the Find-a-Lawyer tab above. Good luck Tim Akpinar"
Q: How can Uber not be held responsible?. While Uber driving my husband got shot at we have 4bullet holes in car 2in muffler one in back driver door and one that went through the trunk which we found embedded in back of back seat and they tell us to get a quote we send in and now they saying he went offline yeah he wasnt really worried about his phone when getting shot at we made police reports called Uber right away so y are they not helping ,"A:Not an intellectual property question -- but Uber's liability in situations like this often hinges on whether the incident can be considered part of the ""course and scope"" of employment, a concept used to determine employer liability for actions of its workers. If Uber argues that your husband was ""offline,"" they may assert that he was not operating in the course and scope of employment, thereby avoiding responsibility for the incident. However, if you can demonstrate that the shooting occurred while your husband was acting in his capacity as an Uber driver, you may have grounds to hold Uber liable for damages, subject to the terms of your contractual agreement with the company."
Q: I have a bill for an accident my daughter had in my car for $7000 if i file bankruptcy can they still charge my daughter. Both of our names are in the bill they had sent She drove my car and my insurance is full coverage but didn’t want to cover damages because she is not in the policy the other insurance called me asking for the whole amount of $4300 in damages of the truck i ask them to send me a bill because i never received one i thought it was fraudulent call I said i dont have the money i offer monthly payment they didn’t accept my offer they sent the case to a lawfirm ,"A:Unless your daughter is a minor, she would be independently liable for the damages even if you filed for bankruptcy protection."
"Q: 14 year old with mom in GA and 18 year old with me in MD, enrolled in college. Should there be a support obligation?. There is no court order for custody, visitation, nor support - never has been. I paid 18 years and 14 1/2 years on my own. We were both military, I'm now retired and she's still active. She makes more money. ","A:If she has primary custody of the 14 year old, there would still be a legal obligation on your part to pay child support. How much depends both parents’ incomes and an application of the child support guidelines in the state where the child primarily resides. You should obtain a private consultation with a family law attorney to review the situation. Technically, there is no legal support order in effect per your description, but she could file in court as soon as you stop paying. If there’s a written agreement detailing a support obligation on your part, then there is a contractual obligation she can enforce in court. The 18 year old is emancipated and there is no longer a legal obligation of support, absent a contractual agreement otherwise."
Q: If we moved in as subleasing and we did not know they were renting also and not paying rent and smud is off to they have. We just payed 1400 and they were working with us. How can they be a keeper to come in and take my stuff somewhere I don't we were not squatting Breaking my stuff just throwing away what they we ,"A:In California, the legality of your living situation depends on the terms of the original lease and whether subleasing is permitted. If you entered into a sublease agreement without knowing the primary tenants were not paying rent, your rights as a subtenant can be complex. First, ensure you have documentation of your agreement to sublease and any payments made. This can help establish your tenant status, even in a sublease situation. If utilities like SMUD (Sacramento Municipal Utility District) are off, this could be a violation of your rights as a tenant, as landlords are generally required to maintain basic utilities. If someone is entering your home without notice and removing or damaging your belongings, this could be a violation of your rights. In California, landlords (or primary tenants, in the case of a sublease) must provide proper notice before entering the property, except in emergencies. It's important to seek legal advice as soon as possible. A legal professional can guide you through your rights as a subtenant and help you determine the best course of action. You might have grounds to take legal action against the primary tenants or the landlord, depending on the specifics of your situation. Remember, you have rights as a tenant, including the right to a habitable living space and protection against illegal evictions and property damage. Seeking legal assistance can help you navigate this challenging situation."
"Q: What can I do to defend myself when the two people, one who sexually assaulted and physically assaults are sheltered?. My mother knows that she been sheltering the person who sexual assaulted for years now and the other person has recently physically assaulted me. Both of them being under the same person. ","A:You should secure your own residence and not give your mother or either of the aggressors access to you at your home or workplace. Do not visit your mother’s home and, if you need to see her, use Zoom or a similar teleconferencing app or meet her in a public place. Leave immediately if you see either of the aggressors."
"Q: Is there legal action we can take regarding our Trustee tampering with our side and not doing her job?. So my brother was shot and killed by the St.Paul police,. We originally appointed my aunt Monique and the Trustee because we believed that she would be neutral but sadly that's not the case, she has been prioritizing her side of the family and herself when portioning how the settlement should be split up. She coordinated with only one side of the family when deciding how it should be split up and didn't notify any of us when sending it to the court system. With that being said everyone on our side of the family sent in what we think it should be with our reasonings. Then once she found out we did that she rewrote hers and bashed us entirely and screwed the values even more. Is there anything we can do for the Trustee using her emotions and selfish motivations when deciding values to make it right and help us we on our side with the judge? ","A:There are legal action the beneficiaries can take if the trustee has breached her duties. The trustee's obligation is to the beneficiaries, not to ""one side of the family."" There are different ways to approach the situation. The circumstances would dictate the appropriate approach. It may begin with a request for an accounting and then the need to file a petition with the court. Without knowing the trust language or the trustee's acts it impossible to offer advice. It seems the trust is under court supervision, so this would be a factor."
"Q: What happens if a family member refuses to remove a camper and personal items of your property?. She refused the eviction letter and green card should be coming back to us , ","A:If a family member refuses to remove a camper and personal items from your property after being given notice, you may have legal remedies available. Typically, the next step involves initiating a formal eviction process through your local court. After obtaining a court order, if the family member still doesn't comply, you may be able to involve law enforcement or seek a writ of possession to have the items removed. It's essential to follow local and state eviction laws to avoid potential legal issues. As always, it's wise to consult with an attorney in your jurisdiction to get advice tailored to your specific situation."
"Q: I’m looking for a good legal aid attorney to help me with custody for my two nephews who are 5 and 3 years old.. They are being physically psychologically and enotionally abused and neglected by their mother and they currently live under my roof. Cps has been involved but they are closing the case and saying it’s unfounded even with evidence in picture and video footage. I have a picture of he whole hand welted on my 5 year old nephews thigh. She has grabbed him by the throat. and also grabbed him by the back of the neck shoving the side of his face into my bed saying she’s gonna kill him or stab him and has done it in front of my husband and said she’d drown him. Cps is doing nothing, I have filed for emergency custody but they denied it and gave a court date for January 23rd 2024 ","A:The child custody and family law attorneys here could advise best, but your question remains open for a week. Until you're able to consult with someone knowledgeable in the field, here's a link to Justia's resources for New York City Legal Aid & Pro Bono Services... https://www.justia.com/lawyers/new-york/new-york-city/legal-aid-and-pro-bono-services It covers everything, not only child custody matters, but at least it might be a starting point for you. You could also look into law schools within the state that have student societies or organizations geared toward helping the public on family law matters. Good luck"
"Q: I just found a check (securty deposit refund) issued to me in May of 2022. Can I still cash/deposit it?. Check was issued by my previous landlord company, an LLC. It is labeled Void after 90 days. ","A:An Ohio attorney could advise best, but your question remains open for a week. Most checks are good for about 180 days, unless fine print on the check to the contrary (90 days, etc.). May 2022 is about a year-and-a-half at this point. It could be up to your bank, unless the issuer cancelled it already for security reasons, believing it was lost. Good luck"
Q: I am wanting to find out if any entertainment contracts have been fraudulently signed in my name or who approved the use. Of my insinuated self through the Kardashian -Jenner family and the Ozboure's family on TV shows and CNN etc. How do I find out if such contracts exists ,A:You should retain counsel to demand copies of all contracts. You have your suspicions about fraud and you should discuss the facts underlying these suspicions with counsel. Your prior contracts should be provided to counsel to review to identify to whom such demands should be made.
Q: I settled with a debt collector money order never arrived at the destination. I settled with a debt collector years back sent in a money order never arrived at the destination when I sent the money order at usps it was in transit for months and I just never followed up on it how would I go about resolving this for the amount that we settled upon or do I have to pay the full amount I have proof that I sent it if that helps ,"A:Based upon what has been reported to us as bankruptcy counsel, our best advice is to deal directly with whatever creditor is pursuing you. The ""collector"" charges a fee for its service, and that fee is passed along to you, whether disclosed or not. You should be able to get your $$ returned from whoever sold you that money order, if you have proof of purchase."
"Q: in Arizona: what constitutes ""kidnapping"" if the child is 14 yrs old and your grandchild?. My daughter called me in a panic telling me to pick up her son (my grandson) from school before CPS picked him up. She called the school and told them that I was on my way to get him and they had no problem letting me sign him out and leave with him. After he packed up some of his clothes she told me to take him to my house. So she knows where he is and who he is with. Now since i havent brought him home to her because her lifestyle hasnt changed she is threatening me with kidnapping charges. Does she have the right to have me arrested just because now she wants him back but CPS could still pick him up and put him in a group home and i am trying to avoid that. What are my options? ","A:In Arizona, kidnapping is generally defined as knowingly restraining another person with the intent to hold the person for ransom, as a shield or hostage, or to inflict death, physical injury, or a sexual offense on the person, among other reasons. In the scenario you described, if you have your daughter's initial consent to take your grandson, it is unlikely to be considered kidnapping. However, if she revokes her consent and you continue to keep the child against her wishes, the situation becomes more legally complicated. Your daughter's threat to charge you with kidnapping stems from a change in her decision about the custody of her grandson. However, her lifestyle and the involvement of CPS add complexity to the issue. If CPS is involved due to concerns about the child's welfare at home, they might consider alternative arrangements, like placing the child with a relative, which could potentially be you. To protect your rights and the best interests of your grandson, it's advisable to consult with an attorney who has experience in family law and child welfare cases. They can provide guidance based on the specific details of your situation and help you navigate the legal process. Given the involvement of CPS, it's essential to cooperate with them and demonstrate that your home is a safe and suitable environment for your grandson. The primary goal is to ensure the child's safety and well-being, and legal counsel can assist in making the best case for your grandson's custody."
Q: If the Indian Removal Act moved the American Indians west how did the Seminoles come to Florida?. Every Seminoles we meet always say they came here to Florida but the Indians from here now call themselves Black. There are no schools that teach them that they are American Indians they teach them that they are Black. Are there any lawyers that will be ready to take the fight when we want to use our DNA to take our land back? We are very close we are just waiting for a lawyer to take the case. We also never complained about our name American Indians. We love that name but it does not match the fakes. ,"A:The Indian Removal Act, which was signed into law by President Andrew Jackson in 1830, forced many Native American tribes to leave their ancestral lands and relocate to areas west of the Mississippi River. However, not all tribes were removed, and some, like the Seminole, resisted relocation and fought against the U.S. government. The Seminole originally lived in Florida and were made up of various tribes, including Creek, Miccosukee, and others. When the Indian Removal Act was passed, some Seminole leaders signed treaties agreeing to relocate, but others, led by Osceola, refused and fought a long and brutal war against the U.S. government. As for the issue of DNA and reclaiming land, that is a complex legal issue that would require consultation with a qualified attorney who specializes in Native American law. It is also important to note that the issue of land ownership and sovereignty is a longstanding and ongoing struggle for many Native American tribes, and the legal system has historically been stacked against them. However, there are organizations and lawyers who work to support Native American rights and sovereignty."
"Q: Is it ok to have a sole director (my brother) for the LLC I am incorporating under F1 STEM OPT?. An immigration lawyer recommended that I have my brother, myself, and someone else on the board so it shows majority vote against me to prove employee-employer relationship. However, I do not have another person to get involved into this. I am fine with my brother having sole directorship in this company (he has no equity/monetary gain from the company), and I fully entrust him, no doubts whatsoever, having him as sole director, with any decisions in the company. Is it necessary to have a 3rd person if this is the case, and still show employee-employer relationship, or would I absolutely need a 3rd person? ","A:Under U.S. immigration law, particularly for those on F1 STEM OPT, establishing a valid employee-employer relationship is crucial. The recommendation to have a board with a majority vote against you is aimed at demonstrating this relationship, which is a key requirement for maintaining F1 status while engaging in business activities. Having your brother as the sole director of your LLC can be a viable option, but it might not be as strong in proving an employee-employer relationship compared to having a board with more members. The idea behind having additional board members is to show that there is an external control mechanism in place, which can make decisions independent of your influence, thus solidifying the notion of an employer-employee dynamic. It's not absolutely necessary to have a third person, but having only two members, especially when one is a family member, might not strongly convey the desired employer-employee relationship to immigration authorities. It’s a balance between what is practically feasible for you and what is ideal for immigration compliance. You may consider consulting with another immigration attorney for a second opinion or to explore alternative structures that comply with immigration requirements while fitting your situation. Remember, each case is unique, and it's important to ensure that your business structure aligns with immigration regulations to maintain your F1 status."
"Q: What are my rights as a tenant if my landlord allowed my apartment unit to flood?. Something caused my apartment to start flooding so I called emergency maintenance. They determined they needed a professional. They could not get ahold of a professional until the following morning so they allowed my apartment to flood and just handed me towels to slow the leak down. The leak got worse and worse to the point where 1/2 of my unit was in ankle deep water. They did not offer any accommodation or other solutions. My personal belongings along with walls, floors, etc. were ruined. It took over 2 days to repair and I was told I didn’t need accommodations because it was “safe”. ","A:Under California law, tenants have the right to a habitable living environment, which includes the landlord's responsibility to address and repair conditions that significantly affect the habitability of the unit. In your case, where your apartment flooded and caused damage to your belongings and the unit itself, your landlord may have breached this obligation. You have the right to request that your landlord make the necessary repairs to restore the unit to a habitable condition. Additionally, if the flooding rendered your apartment uninhabitable, you may be entitled to seek temporary accommodations or a rent reduction for the time the unit was not livable. Regarding the damage to your personal property, you might be able to seek compensation for these losses. Landlords are not always liable for damage to a tenant's personal property unless their negligence directly caused the damage. In your situation, the fact that the landlord did not promptly address the leak might be considered negligent. Documenting the damage and the timeline of events is crucial. This includes taking photos, keeping records of communication with your landlord, and noting any expenses incurred due to the flooding. Given the complexity of these situations, it's wise to consider seeking legal advice to understand the full scope of your rights and options. A legal professional can help you navigate the process of dealing with your landlord and pursuing any necessary claims. Remember, your rights as a tenant are protected by law, and there are steps you can take to address this situation effectively."
"Q: What would be the best type of lawsuit over my daughter's death?. My daughter was stillborn at 40 weeks in California due to a missed diagnosis earlier in the pregnancy. At my anatomy scan, her abnormal umbilical cord insertion was missed and wrongly marked as ""normal."" The standard of care is to closely follow growth with more ultrasounds in the case of abnormal insertion. Because of the misdiagnosis, I didn't receive the care I should have. I believe I cannot file for wrongful death in California in this case. Would this be a medical malpractice case, or something else? Thank you. ","A:It would be a medical malpractice case. Due to the nature of medical malpractice cases, the extent anticipated may affect the viability of your case. Consult with experienced Medical Malpractice attorneys in the state where this occurred."
"Q: Hello. I have a massive problem with it and I don’t wanna listen to music settlement for part of the Facebook settlemen. Hello, I got a settlement and part of it from Facebook at $750,000 and he was in to my cash app with a link to my. I have not seen any of them his money at all and almost all of it is COMPELTLEY GONE I’ve been in jail from April 14 till August 28 and I didn’t get any of that money and they’re saying I spent it all AND I have been poisoned I have been lied to, all my electronics have been hacked and I need the money immediately. and I need a refund immediately under the FDIC rolling and I need to go back to my other Cash App which is the one under redhairdontkare I also must appeal Facebook bc the sttlemtn was 1.4 billion. But there’s a sexist aspect to it bc the guy who won said the decision was sexist bc they didn’t consider males when they made the lawsuit but they used the argument knowing that a female was t e first person to file for the lawsuit but I didn’t have my day in court so how can they use that argument ? ","A:I'm sorry to hear about your situation. First, if you believe there's been unauthorized activity on your Cash App account, you should contact Cash App's support immediately to report it. For substantial settlements like the one you mentioned from Facebook, it's crucial to have an attorney assist with the management and proper distribution of funds. If you feel that the settlement was unfair or didn't take into account certain factors, it may be possible to appeal or address those issues. Regarding the sexist aspect of the lawsuit, if there's evidence that gender played an inappropriate role in the legal proceedings, that could be a basis for challenging the outcome. Always remember, preserving all documentation and correspondence related to your claims can help support any further legal action you wish to pursue. It's essential to consult with an attorney to address your specific concerns and guide you through the next steps."
Q: I think I have an investigation with the social security disability administration against me and I am on parole I am to. See how I can go about resolving this where I dont go to jail ,A:If you believe you are under investigation for fraud by the Social Security Administration then you need to consult with a criminal law attorney who is experienced with federal fraud cases. They will be able to help you determine if you are actually under investigation and can advise you about whether or not you actually committed fraud.
"Q: Can I get back down payment on a house I bought with a partner that started psychically abusing me?. (typo: *physically abusing me) I moved out a few months ago and we used a quitclaim deed to get me off the title, but I am still on the mortgage and they threatened to sue me for missed payments since I agreed to pay until the end of this year. I agreed at first out of fear but now I want to know if I have a case to get back the money I put into the house and stop paying them. The only evidence I have is some pictures of some mild injuries, I never got the police involved. They still live in the house and are planning to refinance to get me off the mortgage as soon as their income allows, and I am worried about them continuing to come after me for payments. If I stopped sending them money and they did open a lawsuit, would I be able to use the physical abuse as a defense? ","A:Physical attack by another tenant is not a release from financial obligation on a note secured by a deed of trust. CH 7 Bankruptcy might be an option. Why did you give a deed without payment therefor? Usually the lender will foreclose on the home first, then possibly come after the notemaker for a deficiency."
"Q: I have a close friend who says he is holding a $100 million Federal Reserve Note that was issued couple decades ago.. I have seen it, it looks like old paper with some endorsements and seals on it. He says his father left it to him and he wants to cash it however I am not sure if it is a legit Federal Reserve Note. Did the Federal Reserve Bank ever print $ 100 million reserve note back in the day? If so, how can he cash it? ","A:The United States has never issued a federal reserve note in a denomination larger than $10,000. Denominations of $500 and larger have not been printed since 1945. There are only a small number of $10,000 notes still in existence. Half are from the Binion hoard. Your friend’s $100 million note is fake."
Q: can I submit a statement to the arbitrator after the hearing is closed before arbitrator makes his final decision?. The other party lied to the arbitrator and I need to send him proof but I wanted to know if I can still do that? ,"A:Under California law, parties generally have the opportunity to submit post-hearing statements or briefs to the arbitrator after the hearing is closed, but this is typically subject to the rules and procedures set forth in the arbitration agreement or the arbitrator's instructions. It's advisable to consult the specific rules and procedures governing your arbitration to determine if such submissions are allowed and what deadlines may apply. Additionally, promptly notify the arbitrator and the opposing party of your intention to submit additional evidence or statements for transparency and fairness in the process."
"Q: How do you sue this company, Pan Chain Inc through Stockwhits to get back investment funds $13558 and profit $49555?. I invested into this scam between 07/2022 and 04/2023 and they refuse to return my initial investment funds of $13558. I was advised to pay $2000 for a withdrawal certificate to make a withdrawal then when it tried to withdraw my funds, I was told I had to pay more money to withdraw my funds. No telling how much money they have scammed from other people. ","A:You need an attorney to examine whatever contract, checks, wire transfers, statements, or other documents exist and see what you may be able to do. Jurisdiction may be a serious problem, requiring an attorney to file a Federal or State Suit in a faraway place. It appears that you do not understand whatever contractual rights you have. If possible, file suit for breach of contract or conversion in a local Court. If you can obtain a Judgment, then you will need a collection attorney in the Defendant's Jurisdiction to collect. Hopefully you at least know where Defendant banks."
"Q: Can an apartment keep my deposit if I never moved in?. I recently applied for an apartment in Texas. I paid an application fee and deposit, totaling $850. I decided on another property and notified this property that I would no longer need the apartment. They said they are then allowed to keep my entire deposit because I canceled my application after I was approved. Is this even legal? ","A:Typically, landlords are entitled to keep application fees to cover the costs associated with processing the application, such as background checks and administrative expenses. However, retaining the entire deposit if you decide not to move in may be subject to the terms outlined in the lease agreement or rental policies. It's essential to carefully review any documents you signed or received during the application process to understand the property management's policies on refunds and deposits. If the property retains your entire deposit without a legal basis, you may have grounds to dispute this and seek a refund."
Q: Can a lawyer collect money from me that my grandson and his wife paid in 2016.I was not aware of the eviction .. Grandson paid Invitatstion Homes $7000.I was unaware of eviction.I had moved out of property.At present I still rent from Invitation homes.Lawyer wants $5000. Legal Aid tried.but the lawyers had a dead lock.I need a ADR.They continue to harass me.Invitation homes corporate has no open case on me.Can someone help.I am retired Peace officer and disabled.I am a tenant with Invitation homes Nothing showed I owed any money or they would not have leased any property to me if I owed $7000. Unable to move due to this issue . ,A:I'm sorry to hear about your situation. Gather all relevant documentation to support your position. Discuss the lawyer's claim for $5000 and explore options with Legal Aid or another attorney. Document instances of harassment and consult with a lawyer to address it legally. They can guide you on your rights and possible remedies. Seeking legal advice will help you understand your options and find a resolution.
Q: If there is a abusive parent can I move out in California at 16. Im 16 cant get a job because parents wont allow me too There was a investigacion made by the police and it conculuded withe the abusive parent coming back to the house and now I am forced to interact with him as if nothing ever happened ,"A:In California, the law generally requires you to be 18 years old to move out without parental consent. However, there are exceptions, especially in situations involving abuse. If you are facing abuse, you have the right to seek help. You can contact child protective services or another trusted authority, like a school counselor or a local family law attorney, for guidance and assistance. At 16, you may also consider emancipation, a legal process that grants minors some adult rights, including the ability to live independently. This process requires you to prove that you can financially support yourself and live independently. Given your current inability to work, this might be challenging, but not impossible. It's important to understand that your safety and well-being are the top priorities. There are resources available to help young people in abusive situations. Reach out to local support groups, legal aid organizations, or youth shelters for guidance and assistance. They can provide specific advice and resources based on your situation. Remember, you are not alone, and there are people and organizations willing to help you navigate through this difficult time."
"Q: My father passed away in 2015. 1Dec 2022, I received a letter from a bank stating there is a savings account for him.. The bank says I need a court order to close it. Balance is roughly $3,000. How do I get a court order? ","A:Actually, a court order might not be necessary. Call the bank's attention to Florida Statute 735.303 and send them an affidavit as set forth in that statute. The statute can be accessed here: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0735/Sections/0735.303.html"
"Q: Is it illegal for a stranger on the internet totry to convince children(15 and below) to go no contact with theirparents. Saying things like ""I'll be your parent"" and having minors pay for a patrion to have adult conversations with this person with the intent on keeping it from other adults? ","A:Yes, it is illegal for a stranger on the internet to try to convince children (15 and below) to go no contact with their parents. This behavior could potentially be considered as grooming, which is a form of child abuse and can be a criminal offense. Additionally, encouraging minors to pay for access to adult conversations with the intent of keeping it from other adults can also be a form of exploitation and could be illegal. It is important to report any suspicious or concerning behavior to the appropriate authorities."
"Q: My mom passed away from Alzheimer’s 8 years ago . How was my aunt able to sell her home and take everything ?. My aunt (moms sister) iced me out and would not let me around . She is the Rep/payee on a frozen account with the rest of the home sale in it . She just recently has told me about this . I wasn’t talking to her because of what she had done to me keeping me away from her . She had no will but how was she able to do this without will.. without starting probate.. and without contacting me ? The only child to my mom ? And she kept all contents of home , car, trailer, all of it .. I don’t understand . Now I have to believe there is 250,000 in a frozen account waiting for me .. is this all possible ? ","A:I'm truly sorry to hear about your situation. Under California law, when a person dies intestate (without a will), their assets generally pass according to the state's intestacy laws. As the only child of your mom, you typically would have a legal claim to her estate. For your aunt to sell the home and retain assets without initiating probate proceedings raises significant legal concerns. The existence of a frozen account with proceeds from the home sale suggests there may have been some kind of legal or bank process involved. If you were not notified of any proceedings regarding your mother's estate, your rights might have been violated. It's essential to consult with an attorney to explore your options and rights further. The sooner you act, the better, as statutes of limitations may apply to certain claims."
Q: So my mother and I live together in the home she signed ownership of to me. I was wondering if the cops asked to search. Can she give them permission even tho I now own the house ,A:You need to post your question under WI Criminal questions.
Q: Can the law brake in your door on a arrest warrant and cut your home security cameras off and are they allowed to take. Take your phone out of your hand on a traffic stop and say we don't need anyone else here ,A:Without knowing more I can not say if it is legal or not.
Q: Can defendant in federal legal case appear before defendant was served with complaint?. Can defendant in federal legal case appear before defendant was served with complaint? ,"A:In federal legal cases, the usual procedure requires the defendant to be served with a complaint before making an appearance in court. However, there are circumstances where a defendant might choose to appear before being formally served. This is often done to expedite the process or to demonstrate a willingness to engage with the legal proceedings. It's important to understand that voluntarily appearing in court does not waive the defendant's right to proper service of the complaint. The Federal Rules of Civil Procedure outline specific guidelines for serving a complaint, and these rules are designed to ensure fair and legal proceedings. If you're considering having the defendant appear before being served, or if you're facing this situation, it's advisable to consult with legal counsel. An attorney can provide guidance on the best course of action and how it might impact the case. Remember, each situation is unique and the legal strategy should be tailored to fit the specific circumstances of the case."
"Q: 1 gun shot to head still alive, until5 teens put in trunk,clean up scene lie about it for days ,police didnt process. scene, happened after a fight between teens,errors in police work. ruled case closed everyone free no one charged except for moving a corpse family needs help this case was shoved under a rug because police screwed up in several counties in nebraska. audio clip of court ,officer admits it was murder but they let five 18 yrolds free to walk.what can we do to get this reopened and actually examined correctly? ","A:It is ultimately up to the prosecutor whether a criminal case is filed or not. You can't file a criminal action on your own. That being said, you can possibly file a civil action for damages, such as for wrongful death. You would likely need to hire an attorney to assist you with filing such."
"Q: Can I file a civil suit and/or criminal suit in Georgia over constant phone harassment from a non profit organizations.. I used to lived there from the year 2018 and the harassment started around 2021 to present day. I no longer live in Georgia so I know the calls not from potential job opportunities or doctor offices. I already asked multiple times to be removed from the call list but they have ignored my multiple requests Falsely proclaiming to remove from the call list only to call me up to 20 times each day. They either claim to be Georgia American Police Alliance, Georgia Fighter Alliance, Georgia Veteran Alliance. And no matter how many times I block the number they just create new phone numbers to call form. I at my wits end and I don’t want to change my number. ","A:In Florida, dealing with constant phone harassment from a non-profit organization can be both frustrating and disruptive. You have the right to take legal action in such situations. For the civil suit aspect, you could potentially file a lawsuit for harassment or invasion of privacy. Documenting the frequency of the calls, your requests to be removed from the call list, and the organization’s failure to comply is important. This evidence will support your case. Regarding a criminal suit, while you can't file a criminal suit directly as an individual, you can report the harassment to law enforcement. They can investigate and potentially pursue charges if the behavior constitutes a criminal offense under Georgia or Florida law. Another step you can take is to file a complaint with the Federal Communications Commission (FCC) or the Federal Trade Commission (FTC), as these organizations oversee and regulate telecommunications and can take action against entities that violate telemarketing laws. Considering you've already asked multiple times to be removed from their call list, and the calls have persisted, seeking legal advice would be a prudent step. An attorney can advise you on the most effective course of action, whether it's a lawsuit, a criminal complaint, or a regulatory approach. It’s important to know that you have options and rights in this situation. Taking legal action can help put an end to this harassment and potentially prevent it from happening to others."
"Q: How proof is obtained?. How false claims act or similar statute approach fact that hospital may not have record of fraudulent actions? Fraud scheme means track record cannot be easily obtained. How endorsement of fraud can be proved, unless government investigates? ","A:Proving fraud under the False Claims Act or a similar statute, especially in cases where a hospital may not have direct records of the fraudulent actions, can be challenging. Typically, evidence is gathered through a combination of whistleblower testimony, internal documents, financial records, emails, and other forms of communication within the hospital. In many cases, whistleblowers play a crucial role in exposing fraudulent activities. They might provide insider information or evidence that is not readily visible in the hospital's official records. This can include irregularities in billing practices, discrepancies in patient records, or internal communications that suggest fraudulent intent. Government investigations are often essential in these cases. Agencies such as the Department of Justice can use their resources to conduct in-depth investigations, which might include subpoenas for documents, interviews with hospital staff and patients, and forensic accounting analyses. In the legal process, discovery plays a vital role. Once a case is initiated, both parties engage in the discovery process where they can request documents and depose witnesses. This can often bring to light evidence that was not initially apparent. It's important to note that proving endorsement of fraud requires demonstrating that the hospital, through its representatives, knowingly engaged in, approved, or ignored fraudulent practices. This often requires establishing a pattern or practice of behavior that goes beyond isolated incidents. Given the complexity of these cases, it's advisable to seek legal guidance. An experienced attorney can help navigate the legal system, understand the nuances of gathering evidence, and effectively present the case in court. Remember, each situation is unique, and the approach to obtaining proof will vary based on the specifics of the case."
"Q: What if I can't find a lawyer for case with eeoc in 90 days from the right to sue date?. My case was for retaliation in a discrimination case. I can almost guarantee that the EEOC did not investigate. I had a lawyer who represented me, for a whole year, starting in Sept of 2022. Then when the right to sue was issued they did not want the case, and having a deadline of 90 days, they waited OVER a month to tell me. Is there something that I can do to make them liable for dropping me and having little to no time to find a lawyer? ","A:You can sue the lawyer for breach of contract. Be sure to read your contract to make sure it does not give the lawyer the right to unilaterally drop your case. In order to prove damages, you will need to prove your underlying EEOC claim and prove that you would have been able to collect those damages from your employer. Be forewarned that many lawyers who handle EEOC claims drop those cases which they consider to be very weak. If you cannot prove your retaliation case by a preponderance of the evidence, you will lose your case against your lawyer because you cannot show that their actions proximately caused any damages."
"Q: Are there any federal lawyers who are familiar with PL280, sovereign as well as interstate DV laws. I need a lawyer who understands Sovereign Indian law, Major crimes act, mcgirt etc... And willing to listen to a case of DV, deprivation of rights, equal rights to protection, interstate DV , etc ","A:Yes, sovereign domestic violence laws grant tribal nations the authority to prosecute non-Native individuals who commit domestic violence against Native American partners or family members. Interstate domestic violence laws deal with cases where incidents occur across state lines. Laws and regulations can vary."
"Q: Is my husband able to collect his fathers personal affects?. My father in law passed away recently without a living will and my husband is next of kin, but his father was living with his niece at the time of death who will not contact us. We are trying to get his affairs in order and My husband was wondering if he was aloud to collect his fathers things from his apartment which he was leasing with his niece but she will not allow us to enter. She does not own most items in the apartment and we are afraid that she will be evicted soon due to her having no income and he will not be able to retrieve his fathers belongings. ","A:Your husband will need to open an estate administration case in probate court to exercise his rights regarding his father's estate. His cousin (the father's niece) has a right to keep people out of her apartment. Thus the only way to force her to do anything will be to get an order from the court permitting him to be in there to martial the property of the estate. If your father-in-law's assets are only tangible personal property, it could be the cost of hiring an attorney to properly file for probate may actually be more than the value of the goods. Your best bet will be to contact an estate planning and probate lawyer who regularly practices in your late father-in-law's county. Good luck."
"Q: Is it still a lost cause if bad faith is against all insureds employes under your employer's policy?. I work for a corporate chain of retail market outfitters with stores in multiple states, and their Workman's comp Insurer acts in bad faith as a normal practice against the majority of injured employees. Does this constitute an intentional tort, or a direct third-party lawsuit against the employer's Workman's Compensation Insurance carrier which is prohibited by SDCL section 58-33-69? ","A:A South Dakota attorney could advise best, but your question remains open for two weeks. I believe it would be very difficult. If you're talking about things like denying claims or playing hardball, that's the nature of the insurance industry. That's my individual opinion - you could reach out to other attorneys to ask how they see things. Good luck"
"Q: My wife is a US citizen but her kids were born in Canada. How do I get social security numbers for the kids?. Currently 1 child lives with us, he is 16. The other children's ages are 24, 24, and 23. ","A:To obtain Social Security numbers for your wife's children who were born in Canada, there are specific steps you need to follow, particularly because they are not born in the United States. First, it's essential to establish their eligibility for Social Security numbers, which generally requires them to be U.S. citizens or lawfully present in the U.S. For the child living with you who is 16, you can apply for a Social Security number as part of the immigration process. If this wasn't done, you can visit a Social Security office with the necessary documents, including proof of his identity, age, immigration status, and evidence of your relationship to him. For the older children, aged 23 and 24, the process is slightly different since they are adults. They will need to apply for Social Security numbers themselves. They must provide documents proving their U.S. citizenship or lawful immigration status, age, and identity. Remember, every individual case can have its nuances, so it might be helpful to contact your local Social Security office or consult an attorney with expertise in immigration law to guide you through this process. This will ensure you have the correct and comprehensive information specific to your family's situation."
Q: Is the need for a house to home school a child and purchase school necessities a good reason to do a petition on a trus. It is a pandemic and kida are home. I'm a dialysis patient. My kids are home from school. I can't send them back because if they get sick I get sick and I dont want to risk my life. My son received a settlement from a dog bite. I have to open a trust account for him and he is 12. ,"A:First, the Maryland Recovery by Minor in Tort Act only applies to recoveries in excess of $5,000, but if the settlement meets that threshold, then the funds must be deposited into a special account by the bank and held until your child reaches the age of 18, when it is paid over solely to him. The only way to withdraw any proceeds early requires a petition filed in the circuit court of the location where the money is on deposit. Section 13-406 of the Maryland Estates and Trust Code provides, in relevant part: (a) A trustee shall file a petition for withdrawal of any of the money of the minor in the original court action or in the equity court in the county where the money is on deposit. (b)(1) The petition shall be verified and state in detail the purposes for which the withdrawal of the money is desired. (2) On receiving a petition, the court shall make any inquiry necessary before granting or denying the petition in whole or in part. (c) If money is desired for any purpose other than to pay for medical expenses of the minor, or to further the education of the minor, including reasonable expenditures for room and board, the court shall require a strong showing of necessity by the trustee in a hearing. Although you characterize the withdrawal as for education, you must be careful that you are net generally applying his settlement funds to pay for your rent/mortgage, food, utilities, and other household expenses that generally benefit you and his siblings in the household, which is what I suspect a court will find you are doing based on your description. You have the obligation to support and pay for your child and not use his tort recovery for that purpose. If you are required to purchase specific educational materials for home schooling your son (e.g., the 4th grade curriculum if he is in the 4th grade), then you might be able to earmark such a specific expenditure."
"Q: Can you advise on what the tax implications might be when providing telehealth across state lines?. I'm a psychologist, in private practice, licensed in CA and Nevada, practice is in NV, want to provide telehealth in CA. Would income earned from a CA resident or a CA company (insurance) result in my paying taxes? If yes, would CA tax me on my entire NV earnings since CA des not have state income tax? ","A:When providing telehealth services across state lines, like from Nevada to California, you may face unique tax implications. If you earn income from California residents or companies, California may require you to pay taxes on that income. This is because states generally tax income earned within their jurisdiction, regardless of where the service provider is based. However, California would not tax your entire Nevada earnings. The taxation would typically be limited to the income generated from California clients or companies. Each state has its own rules for apportioning income and calculating taxes owed by non-residents who earn income in that state. It's also worth noting that Nevada does not have a personal income tax, which simplifies your tax situation in your home state. But for the income earned from California sources, you would need to file a non-resident tax return in California, declaring the income earned from those sources. Given the complexities of state tax laws and the nuances of telehealth, it's advisable to consult with a tax professional who has expertise in multi-state taxation. They can provide guidance tailored to your specific situation, ensuring that you comply with all relevant tax laws and minimize your tax liabilities. Remember, careful planning and accurate tax filing are essential to avoid any legal or financial complications."
"Q: Is it legal to create contracts regarding loans to someone for the purpose to use that money to trade stocks?. If not, and a contract was made for that purpose. Let's say the loaner, loaned $5k and was promised back $10k. Would the borrower still be obliged to give $10k even though the contract is not legal? ","A:There is nothing inherently illegal or unenforceable for a contract concerning trading stocks. However, there are a lot more questions that would need to be answered in order to know for sure, including what state you are in. There may be a requirement for the person doing the investing to be a Registered Investment Advisor, depending on the state and the number of people the person is doing this for (most states have a de minimus exception to registration). Even if the contract is unenforceable, it still would not typically allow the person taking the money to invest to just ignore it. The money would still have to be repaid, regardless of the legality or enforceability of the full agreement."
Q: How do I go about suing OC- CPS removed my kids on false accusations i have proof that the foster /caregiver called cps. the foster mother who has my kids befriended me called CPS on me and has been going around to mutual friends and my pastors at church and has my social worker believing her defamation of character her motive financial gain I have proof and she is mentally unstable and has history of suicide attempts and her father who lives in the house has manifactering meth charges on him and the cargiver herself is back on drugs. I want to sue CPS for violation of my 4th amendment and removing my children on false acusations I have a the people who now see her for who she really is willing to write their letters of testomy on my behalf this was all premediated ,"A:In California, if you believe that Child Protective Services (CPS) wrongfully removed your children based on false accusations, you can initiate legal action. First, gather all evidence, including any proof of the foster mother's actions and her history, as well as letters from those willing to vouch for your character. Consider filing a writ of habeas corpus to seek the return of your children. Simultaneously, you might pursue a civil rights lawsuit for violations of your 4th Amendment rights, if there was an unlawful search or seizure involved in the removal. Engage in the dependency court process and present all evidence to challenge the claims made against you. It's imperative to work closely with your attorney throughout this process. Ensure you act swiftly, as timelines in dependency proceedings are tight. Remember, the primary concern for the court is the best interest of the children."
"Q: Hi Journalist seeks a quick chat with patent attorney today. Seeking quick comment on man trying to TM phrase ""From the River to the Sea"" ","A:Two trademark applications were filed on November 8, 2023 and November 17, 2023, both by River to the Sea LLC LIMITED LIABILITY COMPANY NEW JERSEY 330 Changebridge Road Suite 101 Pine Brook NEW JERSEY 07058 https://tmsearch.uspto.gov/bin/showfield?f=toc&state=4807%3Aujr0gm.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl%7E%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=from+the+river+to+the+sea&p_tagrepl%7E%3A=PARA2%24COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query"
"Q: If a lawyer resigns, can the attorney still be court appointed attorney?. Just looking at attorneys who resigned and still practice in the Department of Assigned Counsel. This would mean that the Judge hires DAC to provide an attorney. Judges who are not aware of a resigned attorney are not aware of the illegal actions and these cases must be dismissed. There are other things that are altered with this new age computer system, it is the prosecuting attorneys name is changed to the current PA as well as the PA officer who tried the complaint. This is not fair because if it was on paper, the name would never change. ","A:If an attorney resigns from the bar, they are no longer authorized to practice law, including serving as a court-appointed attorney. It's essential for judges and legal institutions to be aware of an attorney's current status to ensure legal representation is valid and compliant with the law. Regarding your concern about attorneys who have resigned but are still practicing, this situation would indeed be problematic. If a judge is unaware of an attorney's resignation and appoints them, any legal actions they undertake could be challenged. In such cases, it's important to bring this information to the court's attention to ensure that legal proceedings are conducted by licensed, practicing attorneys. As for your observation about the prosecuting attorney's name being changed in the system, this can happen for various administrative reasons. However, it should not alter the legal standing or the historical record of the case. If you believe this is affecting the fairness or the accuracy of legal records, it might be appropriate to raise these concerns with the court or seek advice from a legal professional on how to address this issue. In any situation where you suspect legal procedures are not being followed correctly, or there are irregularities in how cases are handled, it's advisable to seek legal counsel. They can provide guidance on how to proceed, ensuring that your rights and the integrity of the legal process are upheld. Remember, it's important to address these issues promptly to ensure fairness and legality in all legal matters."
"Q: Hi, my little sister was pulling out of a road and hit somebody riding an escooter. He had no insurance.. He wasn’t looking where he was riding and he is trying to get money out of her ","A:If the e-scooter rider is claiming damages or injuries, your sister should report the accident to her insurance company as soon as possible. The insurance company will investigate the claim, assess the liability, and determine if any compensation should be paid. It's crucial for your sister to cooperate with her insurance company during this process and provide any relevant information about the accident."
Q: I have a new born child and the doctor's are being inconsiderate for his health by making me bring him out in 20 below. Weather i told them they need to be consistent of my child and think about this weather and how there making us bring him out in this weather every other day this is upsetting can i sue these people for being inconsiderate of my child ,"A:No, you would not be able to sue the doctors for being inconsiderate. They are probably choosing to be thorough in wanting to see the baby, and understand the implications for themselves of not arranging exams that could be necessary to observe a given situation. You could express your concern to the doctor, ask if house calls are possible, or look into medical providers that might offer house calls. But your concerns with cold weather are valid, and the ultimate decision in finding the best solution would be yours to make. You could consult with other attorneys - every attorney could see things differently. Good luck"
Q: I adopted my son in 2004 and everything was approved and signed by the judge and then we never got a birth certificate.. Now he is 23 and trying to get a passport and we have ourselves in a pickle and not sure who to talk to. I went to the county building in Hemet CA which is where the adoption took place. What are our choices for resolution at this point. My son said they are telling him it has been too long but we still have copies of the paper work. ,"A:Since every case can be unique, it's advisable to consult with an attorney or a legal professional who specializes in adoption law for accurate advice. Here are a few steps you can consider taking to address the issue with your son's missing birth certificate: Contact the adoption agency or attorney: Reach out to the adoption agency or attorney who handled the adoption in 2004. They may be able to provide assistance or guidance on obtaining the birth certificate. They should have a copy of the adoption records and can help you understand the process. Contact the county vital records office: In California, birth certificates are typically issued by the County Recorder's Office or the Vital Records Office. Contact the office in the county where the adoption took place (Hemet, in your case) and explain the situation. They may have a process for obtaining a birth certificate for an adopted child. Consult with an adoption attorney: If the previous steps don't yield satisfactory results, consider consulting with an attorney who specializes in adoption law. They can review your case, advise you on the best course of action, and help navigate any legal complexities. Gather relevant documents: Make sure to gather all the paperwork you have related to the adoption, including the copies of the adoption paperwork you mentioned. These documents can be useful in demonstrating the legitimacy of the adoption and may be required during the process of obtaining the birth certificate. Explore alternative options: If all else fails and you're unable to obtain a birth certificate, you might consider alternative documents that can be used as proof of identity. This could include obtaining a court order stating that the birth certificate is missing or applying for a delayed birth certificate. Remember, the laws and processes surrounding birth certificates and adoptions can vary by jurisdiction, so it's crucial to consult with professionals who are knowledgeable about the specific laws and regulations in California. They will be better equipped to guide you through the appropriate legal steps to resolve this issue."
"Q: Why does my life not seem to matter why does a woman have to hemorrhage & pretty much die before obgyn will do a dnc. 3 blood transfusions hours of unexplainable un necessary pain. To much pain meds given after patient specially said no more fentenal to then have to go into respiratory depression a laceration in my mouth from intubation and then to be told by the very person who didn't feel he needed to check on me till it was almost to late. That was a miscarriage from hell. And he thinks every woman probably goes through something like this once in their life. Other er doctors who spent 45 min of critical care with me as my condition became life threatening to one of my organ systems be ause he failed to think their was a problem low blood pressures in low 90 then in 80 then 68/24 and they got me back is what my husband had to be told. Who cares that your grandfather and grandmother just recently passed of that your baby died, sure why not just let me die to But hey they got me back 2 times great. I think its insane but no one cares Why does this not matter. Why does he get to say your Alive to me. ","A:You make a great point. This is one of the reasons lawsuit are so important. And laws that limit or interfere with right to a jury trial do not serve justice. Otherwise doctors and others can get away without bad actions. Here, there may be a case. Due to the nature of medical malpractice cases, the extent of your injuries may effect the viability of your case. Consult with experienced attorneys in the state where this occurred."
Q: My car is legal good reg. Good ins. And is parked with traffic has a flat and police are saying it has to be moved. It has been there for a while but we don't have the money for tires right now it's in westville out front of our apartment ,"A:In Pennsylvania, even if your car is legally registered and insured, local ordinances or state laws may require that vehicles parked on public streets are in operable condition. This often includes not having flat tires or other conditions that make the vehicle appear abandoned or inoperable. If the police are requesting you move your car due to a flat tire, it's likely because it's considered a violation of these ordinances. The length of time the car has been parked in the same spot with a flat tire might also be a contributing factor to their request. Since you mentioned financial constraints regarding tire repair, you might consider seeking temporary assistance or exploring local resources that could help address the tire issue. In the meantime, communicating your situation to the police or local authorities and asking for any possible allowances or extensions might be helpful. It's important to address this issue promptly to avoid potential fines or towing. If you find the situation challenging to navigate, consulting with a legal professional or local legal aid organization could provide more specific guidance based on your circumstances and local laws. They can offer advice on how to comply with the regulations while managing your current limitations."
Q: Before a child is adopted by a guardian does a guardian have to inform the child's family members of the adoption. My son died the mother of the grandchild is in prison the court appointed a guardian now the guardian wants the adopt my granddaughter before the adoption goes through does the guardian have to inform the minor child's family members of the adoption ,"A:Here are some points to consider: Adoption and Family Notification: The laws regarding notification of family members before an adoption varies by jurisdiction. In many cases, there may be legal requirements to notify certain family members or seek their consent before a child can be adopted. These requirements are intended to protect the rights and interests of the child and their biological family. Court Appointed Guardian: If the court has appointed a guardian for your granddaughter, it means that the court has determined that the child is in need of a guardian to protect their well-being and make decisions on their behalf. The court-appointed guardian is responsible for acting in the child's best interests, which may include considering adoption as a permanent solution. Legal Counsel: If you have concerns about the adoption process or the guardian's actions, it is crucial to consult with a qualified attorney who can provide advice specific to your jurisdiction and the laws governing adoption. They can guide you through the legal process, inform you of your rights as a family member, and advocate for your interests. Court Proceedings: Adoption typically involves court proceedings, where the court will consider various factors, including the best interests of the child and the rights of biological family members. The court will make a determination based on the evidence and arguments presented. Consultation with Attorney: To better understand your rights and the legal requirements in your jurisdiction, it is recommended to consult with a qualified attorney who specializes in family law and adoption. They can provide guidance on the specific laws and procedures relevant to your case and assist you in protecting your interests and maintaining contact with your granddaughter, if appropriate."
"Q: Can my sons school district be sued for violating his civil rights and false arrest along with deny him due process?. On 11/04 my son was playing in class and brush up against a girls bottom. He apologized because it was an accident. The girl told a counselor she felt uncomfortable . The counselor pulled him out of class 2 separate times and questioned him that day, him and the girl agreed it was an accident and he continued to apologize . Friday he was pulled out of class again . Monday the school pulled him out of class and forced him to write a statement . They then called the police . I was NEVER. Notified of any incident until the police called me . They charged my 13 year old with 4th degree sexual offenses. When I asked why I wasn’t notified the principal said she didn’t have time . I asked if an investigation was done she said she just found out that morning (Monday) about it . I then asked why were the police called if an investigation wasn’t done she said it’s policy. (I confirmed with the superintendent it’s not ) my son is African American by the way. There is ALOT more ","A:If your son's rights have been violated through a false arrest and a denial of due process, it may be possible to bring a lawsuit against the school district. Schools have a responsibility to ensure due process before disciplining a student, and a failure to notify you could be seen as a procedural deficiency. Moreover, calling the police without a proper investigation could potentially be a breach of the school's policies and your son's rights. It's important to gather all pertinent facts and documentation regarding the incident and the school's response. You should consider seeking legal counsel to evaluate the strength of your case, including any possible claims of discrimination, and to navigate the complexities of civil rights law within the educational context. Acting promptly is crucial given the potential implications for your son's future and legal rights."
Q: Can I start a recreational dispensary in Colorado even if I'm not a resident of CO?. I've heard you can appoint a business manager and as long as that person is a CO resident then you can still get your recreational dispensary license. ,"A:Colorado regulations do allow for non-residents to own a stake in a dispensary, but there are specific requirements and limitations. One common workaround is to appoint a business manager who is a Colorado resident, which you've mentioned. This would allow you to proceed with the licensing process."
"Q: How can I identify if my mother's rights were violated in a property purchase contract? She's an elderly woman.. To whom it may concern, Seeking urgent help regarding a potential violation of my mother's rights in a lease agreement. She co-owns a property in Puerto Rico and signed an exclusive lease with a tenant. Unauthorized alterations were made by the tenant, including demolishing the kitchen countertop, installing an AC unit, replacing windows and doors, and bathroom renovations. These alterations were not approved by my mother. She wants the tenant to vacate the property due to lack of trust, as well as her own eviction in January 2024. Limited financial resources and difficulty finding legal assistance in Puerto Rico have added to our concerns. We request your help in determining if my mother's rights were violated in this matter. Thank you, ","A:Certainly, Mr. Pérez. In general, a tenant cannot make significant alterations to a property without the landlord's permission, especially if it affects the property's value or usability. If your mother's lease agreement specifies that alterations or improvements require her consent and the tenant violated these terms, then the tenant may be in breach of the lease. Puerto Rico's laws, like many jurisdictions, often protect property owners against unauthorized alterations. If the tenant made unauthorized changes, your mother might have legal grounds to terminate the lease and potentially seek damages. However, the exact rights and remedies available to her will depend on the specific terms of the lease agreement and local laws. Given the gravity of the alterations and their potential impact, I would strongly recommend seeking local legal counsel in Puerto Rico to guide you through the process. They can help ascertain the full extent of your mother's rights and potential remedies."
"Q: In Colorado, can the JDF208 request for state pay for a professional be hidden from opposing party during e-filing?. If so, what document upload category in the e-file system would hide it from opposing party? I know it will be hidden from public view, but I don't want opposing party to see my financials. ","A:There is no way to file a document without the name of the document being visible in the docket. Court filings are public records so there are no secret filings that only the court can see. You can request to seal a document, however because the actual application for state payment is not visible to the public anyway, you would not need to make that request."
Q: Can a prison guard call someone a snitch?. Can a prison guard call someone a snitch? ,"A:It is not illegal. We have free speech in this country. However, while prison guards have certain leeway in how they interact with inmates, they are still bound by professional standards and codes of conduct. Labeling an inmate as a ""snitch"" can pose serious safety risks for the inmate, as it can make them a target for retaliation from other inmates. This kind of behavior may be deemed unprofessional and could potentially violate the inmate's rights. If a prison guard has indeed called someone a snitch, the inmate or their representatives should consider filing a grievance or complaint with the appropriate supervisory or oversight body. Such an allegation, if proven, may result in disciplinary action against the guard. Additionally, if harm comes to the inmate as a result of being labeled a snitch, the prison may face legal liabilities. It's essential to consult with an attorney experienced in prisoner rights to evaluate any potential legal remedies."
"Q: The revised texas 209 property code requires that HOAs obtain bids for work exceeding 50,000 dollars. Who enforces this?. My HOA contracted for some work but failed to obtain bids. ","A:While the section is so new that there are not any cases yet on point, it is likely that any homeowner who is a member of the HOA has standing to enforce this provision."
"Q: What is consider Overbilling or excessive billing by a lawyer?. I currently have 64,000 bill that I have already paint 20,000 on this bill keeps going up 700 every month this lawyer filed no motions no appeals we never went to trial and he actually never even spoke a word in court I have totaled everything from email to phone calls etc there is only 800 worth of phone calls and he would charge to call me charge cuz I didn’t answer and charge cuz he couldn’t leave a message he literally charged me for every email weather it was a whole paragraph or a couple words he charged me for every single attachment plus the email the attachments came in he bills In 12 min increments and when I asked for a copy of the sign agreement they don’t have it they send me a copy of the agreement and it’s not signed further more they have broken there own terms in there own contract it states bill must be paid in full every month which clearly it didn’t or I wouldn’t be in this situation Is this excessive is a 80,000 lawyer bill to much for a dcfs case? ","A:Based on the details provided, there are several red flags that indicate the legal billing in your case may be excessive or inappropriate: - Lack of motions filed or court appearances - Billing over $60,000 without significant legal work or court time is highly unusual. - Charging for unsuccessful communication - Billing for unanswered calls or inability to leave voicemails is typically not appropriate. - Billing for short emails/attachments - Billing incrementally for every email and attachment rather than the overall time spent is problematic. - No signed fee agreement - Attorneys are required to have a signed engagement agreement in place before providing services. Not having one raises ethics concerns. - Non-compliance with own agreement - Billing despite not adhering to their own terms about payment timing is questionable ethically. - Overall cost relative to case - $80,000 is an exceptionally high amount for a DCFS case that did not involve extensive litigation. Most would be in the $10,000-$20,000 range maximum. While legal fees can add up quickly, these behaviors and the disproportionately high total billing do seem to cross ethical lines. I would recommend filing a complaint with the state bar association against the attorney for investigation into excessive billing practices. Consulting with another attorney may also be wise to see if the fee is recoverable. Make sure to preserve documentation of all bills, emails, and lack of court filings/motions as evidence."
"Q: Can unpaid dental premium <$500 be sent to collections and affect your credit score?. The reason I ask is because I know the 3 credit reporting agencies say that medical debt <$500 won't affect your credit. So even if sent to collections, it won't affect your credit score. ","A:In California, unpaid dental premiums, even if less than $500, can indeed be sent to collections. If this happens, it could negatively affect your credit score. When a debt is sent to collections, it typically gets reported to credit bureaus, and as a result, it appears on your credit report. It's important to address such debts proactively. You might want to contact the dental insurance provider or the collections agency to discuss possible payment plans or settlements. This can often prevent further damage to your credit score. Remember, maintaining good communication with creditors and addressing debts promptly can help in managing your financial health effectively. If you're facing such a situation, acting sooner rather than later is usually in your best interest."
Q: My parents will has nothing in it about my mothers jewelry. However my father split his guns with my 2 brothers yrs ago.. I'm the only girl and the baby. It was always known that I was to inherit mother's jewelry collection. My oldest brother is the exacutor of my trust and was the beneficiary of my parents estate for past 7 years. Mother died n November and dad in 2018. We are at the end of the succession and I was told there is no jewelry left. I know for a fact mom told me her diamonds were in a brothers safety deposit box . Please tell me can I do anything to get my mom's things? I'm heartbroken. My brothers are older than I am...10 yrs+ and we have never got along. I really don't know them. I've been treated very unfair and disliked by both and now this. ,"A:You need to contact an attorney who handles successions and estate matters as soon as possible to file the proper pleadings to review the pleadings filed, protect your interest and to object to the inventory your brother has likely filed, if it does not have your mother's jewelry listed."
Q: how can i protect my self from someone who is writing my grants for my treatment. he went to school for grant writing i have never did anything like this im starting my own non-profit its going to be a treatment based on how we heal as native people from our addicrions i feel he knows what he doing i dont want him to be sneaky and take over on something i worked hard for and still working hard. so if you can help me get the right paper work to protect myself from him ,"A:To protect your interests in your non-profit and its intellectual property, it's essential to establish clear agreements in writing. Consider drafting a contract that outlines the scope of work, duties, and limitations of the grant writer's role, ensuring it includes confidentiality and non-compete clauses. You should also clarify ownership of the grant materials produced and the intent that the grant writer will not claim any stake in your non-profit or its assets. It would be wise to consult with an attorney who has experience in non-profit law to help you create such a contract and advise you on protecting your organization. Additionally, you should maintain control over all submissions and accounts related to the grant applications. Keep records of all communications and documents shared with the grant writer to safeguard your work and prevent any misunderstandings or misconduct."
Q: Coordination and consolidation issue to confront in regard to related cases.. There was medical malpractice case filed at CA superior court. There was also recently filed EMTALA case in the federal Central District Court. Cases are based on different legal theories. EMTALA is NOT a medical malpractice case - with different liability framework. IF Defendant attempts to consolidate or coordinate cases in the upcoming superior court case management conference - what statutes/rules must be presented to confront consolidation and coordination of the cases that are related. ,"A:In confronting the potential consolidation or coordination of the medical malpractice case in California Superior Court with the EMTALA case in the Federal Central District Court, it's crucial to consider the distinct legal frameworks and theories underlying each case. EMTALA, being a federal statute focused on emergency medical treatment and active labor act issues, operates under a different liability framework than state-level medical malpractice laws. To argue against consolidation, reference California Rule of Court 3.350, which governs coordination of civil actions. Emphasize that the cases, while related, are based on different legal principles and statutes, thus rendering consolidation inappropriate. Moreover, point out that consolidation could lead to procedural complexities and potential conflicts between state and federal law. It's also worth noting the potential jurisdictional issues that arise when attempting to coordinate a state case with a federal one. The differences in legal standards, discovery rules, and procedural requirements between the California Superior Court and the Federal District Court further complicate consolidation. If the defendant attempts to consolidate, prepare to argue that such an action would not serve the interests of judicial economy, given the distinct nature of each case. Stress the potential for confusion and inefficiency that might result from merging these legally divergent cases. Finally, keep in mind the importance of articulating how the unique factual circumstances and legal theories of each case warrant their separate adjudication. This approach will help maintain the clarity and focus necessary for the fair resolution of both cases."
Q: How would I know if my village water company is in violation of the fair housing act?. I feel like I'm being treated unfairly by my local water company ,"A:To determine if your village water company is violating the Fair Housing Act, you need to consider whether their actions involve discrimination based on race, color, national origin, religion, sex, familial status, or disability. The Fair Housing Act primarily addresses housing discrimination, but if the water company's actions indirectly affect housing rights or are part of broader discriminatory practices in housing, there could be a violation. Ask yourself if the unfair treatment you're experiencing is based on any of these protected classes. Are others in similar situations being treated differently? Document any instances of unequal treatment, as specifics will be crucial for any legal assessment. If you suspect a violation, you can file a complaint with the Department of Housing and Urban Development (HUD). They investigate claims of discrimination under the Fair Housing Act. Additionally, consulting with an attorney experienced in civil rights or housing law can provide more personalized guidance based on the specifics of your situation. An attorney can help clarify if the actions of the water company fall under the purview of the Fair Housing Act and advise on the best course of action."
"Q: In Florida, Can we be sued if we video record home health aid? The agency is asking for the clip of the assault.. We’ve video recorded an physical aggressive behavior of the Caregiver toward elderly man and filled a report to Adult protective services about the incident. The private home care agency wants the video clip. I don’t believe I should sent it to the accused agency. Advise? ","A:I handle ALF cases and this is unfortunately quite common. You should immediately contact an attorney who handles ALF (Assisted Living Facility) and Nursing Home Negligence cases. This is valuable evidence which may form the basis of a claim against them. In Florida, there is something called the ""Resident bill of rights"" under Florida Statute 429.28: ""(1) No resident of a facility shall be deprived of any civil or legal rights, benefits, or privileges guaranteed by law, the Constitution of the State of Florida, or the Constitution of the United States as a resident of a facility. Every resident of a facility shall have the right to: (a) Live in a safe and decent living environment, free from abuse and neglect. (b) Be treated with consideration and respect and with due recognition of personal dignity, individuality, and the need for privacy."" The resident can sue for a violation of these rights. You can also report the facility to the Florida Agency for Health Care Administration: to file a health care facility complaint, call (888) 419-3456 / (800) 955-8771. Contact an attorney!!!"
"Q: Can I do probate on my landlord’s properties?. My landlord passed away a few years back. He has no dependents/family in the United States, he didn’t have a will or a trust. He owns multiple properties so I was wondering if I was able to start the probate process on his properties that are all paid off? ","A:In California, the probate process is typically initiated by someone with a legal interest in the deceased person's estate. This usually means family members or heirs. As a tenant, you generally wouldn't have the standing to initiate probate proceedings for your landlord's properties. However, if the landlord passed away without a will or trust and has no known family or dependents in the United States, the state may eventually take steps to handle the estate. In cases where there are no apparent heirs, the state may appoint a public administrator to manage the estate, including the probate process. If you have concerns or a particular interest in the properties, such as a desire to purchase them, it might be beneficial to consult with an attorney. They can provide advice on your options and any actions you might be able to take. Additionally, if you are aware of any potential heirs or family members of the landlord, even if they are not in the United States, it might be important to bring this to the attention of the relevant authorities. The presence of heirs, even overseas, can significantly affect the probate process."
Q: I NEED A FEW ANSWERS TO REAL ESTATE QUESTIONS ! THANK YOU!.. IF A PERSON IS A MINOR CAN HE HAVVE A LEGAL GUARDIAN SIGN?. YES I HAVE ADDITIONAL QUESTIONS ..ABOUT REAL ESTATE.. DOES A BROKER ACCEPT CREDIT CARDS IN A TRANSACTION OR IS CASH ALLOWED? ,A:I strongly suggest that you seek a consultation with an experienced civil litigation/real estate attorney. There are too many unknown factors to provide a meaningful answer.
"Q: Can I refuse entrance to the homeowner during the 60-day filing requirement for appeal regarding probate in CA?. I had a restraining order against the owner that I will renew now. Due to stalking, harassment, theft, and much more. I was engaged to her father and left with his things. The probate court has given her the house and I will appeal in time. I have filed a case for personal injury and slander per se as it is that bad. ","A:Under California law, once the probate court has made a determination and granted ownership of the house to another party, that party typically has the legal right to access and control the property. However, if there's an active restraining order in place against the new owner, it can prevent them from coming near you or the property while you're present. If you plan to renew the restraining order, ensure it specifically restricts the individual from accessing the house while you are there. Should you appeal the probate court's decision within the 60-day timeframe, the appellate court's subsequent decisions or any stay orders issued may affect the homeowner's access rights. It's important to inform local law enforcement about the active restraining order to assist in its enforcement. During the appeal process, consider consulting with an attorney to understand any interim rights or restrictions applicable to the property. Communication between parties, preferably through attorneys, can help clarify rights of access and avoid unnecessary conflicts. Remember, violating a restraining order can have serious legal consequences for the violator."
"Q: I am a California resident and am asked by my employer to sign an illegal employment consent form. What should I do?. One of the conditions of the consent form is that I do not discuss my wages and contains a 1000 dollar fine if breached. This is illegal in California and I have sent them the link to the information to my employer. If they do not budge and do not remove this from the paper, if this point is breached by myself, can it be used against me that I signed this condition? ","A:The provision is unenforceable by the employer whether or not you sign the contract. If they refuse you employment because you refuse to sign the contract because of the illegal term, call an attorney. If you sign the contract with the illegal term, and they try to discipline you in any way for violating the illegal term, call an attorney. Good luck to you."
"Q: When a thief uses a third party financial company, are they liable?. When a thief uses a third party financial company that transfers funds to steal what you paid for, and you file a complaint with third party and they side with the thief (meaning...they didn't refund your transfer) are they liable for money laundering? And when someone at the financial company says, ""Yes, your right, our policies don't supersede California's laws on theft."" -‐----Did she just give Consent to be sued? ","A:Under California law, the situation where a financial company facilitates a transaction that turns out to be fraudulent can be complex. If a third-party financial company transfers funds and it results in theft, their liability depends on several factors, including their policies, the nature of the transaction, and their awareness of the fraudulent activity. Regarding money laundering, it is a specific legal charge that requires proof of intent to conceal the origins of illegally obtained money. If a financial company unknowingly facilitates a transaction that involves stolen funds, they may not necessarily be liable for money laundering unless it can be shown that they had knowledge of the criminal nature of the transaction. If a representative of the financial company acknowledges that their policies do not override California's laws on theft, it doesn't automatically imply consent to be sued. However, it may indicate an acknowledgment of the company's responsibility to comply with state laws. This could be a significant point in any legal proceedings. In such cases, it's advisable to gather all pertinent documentation and consult with a legal professional. An attorney can assess the specifics of your situation and guide you on the best course of action, which may include pursuing legal remedies against the company if they are found to be in violation of their legal obligations. Remember, each case is unique and must be evaluated on its own merits."
"Q: I have a graphics company and have teamed with a certifed NIL agent and want to produce sports trading cards what legal?. Since NIL is fairly new what are the boundries of using photos, guarding the players Name Image and Likeness. The Sports Cards are custom made and packaged for the athlete. This a specialty business on a new platform. Each card is customized for the platform ","A:When producing sports trading cards that feature athletes' Name, Image, and Likeness (NIL), it's important to obtain proper consent from the athletes and ensure compliance with licensing agreements and copyright laws. Stay updated on NIL regulations specific to your jurisdiction and consult with a sports law attorney to understand the legal boundaries and requirements. Additionally, customize the cards according to platform guidelines. Seeking legal advice will help ensure compliance and protect your business interests."
"Q: Who in law of nj civil may I write tof lawyers hiding legal certified mail ,perjury ,preparing false court adjournment. Preparing false new trial motion dismiss. And preparing false decisions on new trial motions and designed by judges secretary to mislead plaintiff and getting the civil case dismissed. ","A:In New Jersey, if you're facing issues of legal misconduct such as hiding legal mail, perjury, and the falsification of court documents, there are specific steps you can take. Firstly, if these actions are affecting an ongoing civil case, it's important to bring these concerns directly to the court's attention. This can be done by filing a formal motion or complaint within the same court where the case is being heard. Make sure to include all relevant evidence and documentation to support your claims. Additionally, for allegations against lawyers, such as hiding mail or fabricating legal documents, you should report these matters to the New Jersey State Bar Association's Office of Attorney Ethics. This organization investigates claims of attorney misconduct and can take disciplinary action if necessary. If your concerns involve court staff, like a judge's secretary, these should be addressed to the court's administrative body or the judicial conduct board in New Jersey. They are responsible for overseeing the conduct of court personnel. Given the gravity and complexity of your situation, it's advisable to seek legal advice from another attorney. An attorney with experience in civil litigation and legal malpractice can guide you through the process of addressing these serious allegations and ensure that your legal rights are upheld. Remember, navigating such legal challenges can be intricate, and professional guidance is crucial."
"Q: I have stipulation w/ex for CS, I filed objection but was denied. Can I now file a Motion to vacate stipulation?. Original stipulation filed 10/17. Objection was denied and filed 11/17. Do I have time to file the motion to vacate? I disagree with his stated income. He is self employed and currently lives in FL. The child support amount paid to me should be considerably more. ",A:You agreed to the support. You should have done your due diligence before agreeing. Youvan not go back.on it now. Your motion to vacate will likely be denied unless you signed under duress. See a lawyer.
"Q: What are my legal options a company I engaged with to answer an online tax question has exposed my PII?. My Social Security Number, Home Address, Income and work Status are now being displayed on the internet publicly due to a company I engaged with. This information is findable via Google and Search Engines now. The company was providing a legitimate question and answer tax service and operates the answers in public forum online. This company I interacted with was posting the information online, I uploaded the sensitive PII by mistake in a document. The company has a policy indicating that they can remove the personal information by request. I requested the removal of the information many times, but due to incompetence the company still has been unable to remove my documents and now they are public for the world to see. All of the information is on the companies servers. ","A:You may be able to bring a federal data breach law suit, or sue the company under the terms of service (or file arbitration against them). This may help put more pressure on them to honor their contract and federal and state law. Contact a consumer protection attorney to evaluate your case."
"Q: How do I present an effective ex-parte order so the judge will realize the abused and let me stay with her at nigh shif. My grandmas conservator is abusing her I have been watching her recklessly spend 200,000 plus dollars but mostly they have almost killed her. She over the past year has fallen many times . She has broken many bones. The latest fall fractured her hip in many places and broke her arm in half. I feel this is due to forcing chemical restraints on her without consent, placing her in a facility that is abusing there patients and limiting my visits to supervised only . I am the only family member there for my grandma so i speak out when I see these reckless behaviors inflected on my grandma. The problem is this women is very well known in the San Mateo county probate court and gets away with murder. Know matter how hard I try to get the judge to listen to me I get nowhere. My attorney seems to be shy and let everyone bully him. I went to the hospital because my grandma is now half dead. She was so relieved to see me. The next day they said i could no longer see her. Her reviews Bad ",A:Contact your local Adult Protective Services office and also hire a different attorney.
Q: Does the attorney general have to provide special council when it is evident that no attorney will represent a plaintiff. I want to sue the state of Nevada does the Attorney General have to help me represent me if I can't find an attorney that will does she have to appoint special counsel ,"A:A Nevada attorney could best advise here, but your post remains open for two weeks. As a general matter across the nation, the state attorneys general do represent citizens. But that role is something more in the form of advising lawmakers or enforcing laws. The office isn't thought of as an advocate for individual citizens who can't find attorneys as you describe, such as in the case of a public defender or legal aid attorney. You could contact a Nevada attorney to discuss further. Good luck Tim Akpinar"
"Q: Can animal shelter refuse to give me my kittens if police said it was temporary until I get released?. It's only been one day, and they are refusing to give me back my 4 month old kittens. I was arrested and police told me I can just go pick them up . But they are trying to charge alit of money said if I can't pay it in full they will adopt them out ","A:Under California law, if the police advised that the animal shelter would hold your kittens temporarily until your release, the shelter should return the kittens to you once you are released. The shelter cannot charge excessive fees or put undue financial burdens on you to reclaim your pets. If they continue to refuse, you may need to seek legal assistance to enforce your rights in this matter."
"Q: Franklin County, MO, municipality is negligent in maintaining alternative sewer system, creating health hazard.. The municipality signed an agreement with the original property owners in 2004. That they were installing a step septic tank system on their properties, that the village owned, was part of the village sanitary sewer system, would maintain, repair, and service. The system on our property was installed in 2005. The village has not maintained this septic system since it was installed. In 2014 we had raw sewage back into our basement. Since 2020, repairs are needed to the tank, repeated attempts to get it fixed, serviced, are ignored. They are in breach of a USDA agreement, in violation of EPA, MO DNR, reporting laws. In violation of clean water laws, Missouri Statutes. We have unreasonable interference with the use & enjoyment of our home, land, from raw sewage backups, outflows, from negligence, mismanagement, of the sewer system. We can't sell our home if we have to disclose to a buyer, that the septic system has not been maintained in 17 years. Rendering our home, property, valueless. ","A:A Missouri attorney could advise best, but your post remains open for three weeks. This is a complex matter. Evaluation of the septic system could involve the expertise of civil engineers and wastewater experts. Assessment of contamination could involve sampling and lab analysis conducted by qualified chemists. You could reach out to environmental/toxic tort law firms to discuss in more detail. You could also touch base with your neighbors who may have been impacted. In these settings, law firms often want to know the scope of impact beyond individual households. Good luck"
"Q: False claims act federal case?. Health care provider/hospital knowingly that patient's stay will not be paid by medicare advantage plan (only medicines claims get paid) keeps patient, contractors submit numerous claims for non-existent services, that result into referral to hospice with non-existent terminal illness recorded by a contractor. Does it present basis for federal false claims act case? ","A:Under federal law, the False Claims Act (FCA) provides a mechanism for addressing fraudulent claims made to federal programs, including Medicare. In the scenario you described, where a healthcare provider or hospital knowingly submits false claims to Medicare for payment, this could indeed constitute a violation of the FCA. The FCA imposes liability on individuals or entities that knowingly submit, or cause the submission of, false or fraudulent claims for payment to the federal government. This includes situations where a provider knowingly bills for services that were not provided or not medically necessary. In your case, if the hospital and contractors are submitting claims for non-existent services and falsely documenting a terminal illness to refer a patient to hospice care, these actions could be seen as knowingly fraudulent. This is particularly relevant if they are aware that certain costs won't be covered by Medicare but proceed anyway. If there's evidence supporting these claims of fraud, it could serve as the basis for a federal FCA case. Individuals with knowledge of such fraud, often referred to as whistleblowers, can file a qui tam lawsuit under the FCA. In these suits, the whistleblower can sue on behalf of the government and may be entitled to a portion of any recovered damages. Given the complexity of FCA cases and the potential legal and financial ramifications, it's advisable to consult with an attorney experienced in this area of law. They can help evaluate the evidence, navigate the legal process, and determine the best course of action. Remember, allegations of healthcare fraud are serious and require careful handling to ensure that any claims made are substantiated and legally sound."
Q: if a defendant asks for the complaint to be dismissed at the beginning of the answers and setting their defenses is ther. anything that has to be answered to their defenses or proven or do we just move forward to discovery and setting a court date? ,"A:I am not exactly sure what you are asking. I am assuming that a defendant has moved to dismiss a complaint, but I do not know if the motion was granted. A hearing on the motion to dismiss is heard before a judge. One can respond to the motion to dismiss in writing or just orally at the hearing. If granted, the plaintiff can move to amend the complaint. The defendant can again move to dismiss it. During this period of time, discovery can be done unless a party requests the court to stay it until the motion to dismiss is ruled on. I hope this answers your question."
"Q: where do I file my request for order? The county my childs residency is established? Or where temp order is?. Is it appropriate for a superior court judge outside of county where childs established residence is to grant a request for emergency temporary custody orders, ex parte? What constitutes an emergency in this situation? And where should I file my DVRO? In my county where child was removed from? Who has jurisdiction? Details; my former spouse of 17yrs, filed a dvro request in neighboring county that she moved to. The kids & I remained @ home & she left in May, 2023, filed dvro in 08/08/23. there was no custody order in place prior to her temporary order being granted. I don't know for what reason the judge issued the tro. There was no threat of harm or anything that should have brought judge to believe it was necessary to grant custody. We have 2 kids(11 &16)they are now separated from a parent & from their sibling too, our son is with me as he refused to go & daughter is w/her had no choice due to age(11yo)....ex wife learned that I was going to file dvro and she got it done 1st. ","A:It sounds like you already have an open/existing case. You say ""where temporary order is"" - that tells me you have an existing court order. If not, and there is no open case, i.e. no one has filed anything related to this child, then you file in the county where the child lives. You then say however, ""where child was removed from"". If the child has lived somewhere else for at least 6 months, then you file there. In terms of what constitutes an emergency, you need to consult with an attorney directly. There is not enough information in this inquiry to respond to that question."
Q: My mother passed in October the 4th 2017 from shock due to systemic infection. I want to know can I sue the hospital?. My mother had a catheter infection while she was in the hospital at UCSF ,"A:You may have the right to pursue a medical malpractice claim against the hospital if it can be established that the hospital's negligence in handling the catheter infection contributed to your mother's passing. To determine the viability of a lawsuit, it is essential to consult with an attorney who can evaluate the specific details of the case. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
Q: how can i lose my lisense when i wasnt even driving. i was never arrested for driving and i was never brought into the station to have an official breathalizer administered ,"A:Losing your license without being involved in a driving-related incident can occur in certain situations. It could be due to administrative actions by the Department of Motor Vehicles or similar agencies, such as non-compliance with requirements or violations. Additionally, unrelated offenses like certain drug convictions can lead to license suspension."
"Q: Do I have to continue paying a credit line loan if the bank no longer has the original signed documents?. I took out a credit line on a business over 20 years ago, that business is now closed. The bank at some point converted the account into my personal name and they have raised the interest rate 3 times what the original rate was. They cannot produce the original signed documents which I requested to explain the rate increases. Thank you. ","A:In Nevada, the obligation to repay a loan typically does not depend on the lender's ability to produce the original signed documents. Even if the bank cannot produce these documents, your responsibility to repay the loan generally remains, especially if there is other evidence of the debt, like account statements or a history of payments. However, if the bank has unilaterally changed the terms of the loan, such as increasing the interest rate, without your consent or without a contractual basis, this could be a matter of concern. You should review the original loan agreement and any subsequent communications from the bank to understand the terms regarding interest rate changes. If the terms were changed unfairly or without proper notification, you might have grounds to dispute the changes. It's advisable to seek legal counsel to review the situation and provide specific guidance. An attorney can help you understand your rights and obligations under the loan agreement and negotiate with the bank, if necessary. It's important to address this issue promptly to avoid further complications."
Q: I have someone who owes what to me us a large amount of money. I need a lawyer but I have very limited resources. I have texts from Def. Proving that he has my stuff and said he would send me my belongings and that he will pay me back what he owes me ,"A:If someone owes you a significant amount of money and has acknowledged this debt through texts, these communications can be used as evidence in your favor. You might consider seeking legal assistance, even with limited resources; many attorneys offer free initial consultations to assess the situation and may take your case on a contingency basis, especially if the evidence is strong. Additionally, check if you qualify for legal aid or pro bono services in your area. Small claims court is also an option if the amount falls within its jurisdictional limits, which can be a more straightforward and less expensive process. Document all interactions with the debtor and organize any evidence of the debt and your attempts to collect it. This preparation can help an attorney understand your case and determine the best course of action. Remember, it's also important to act promptly to avoid running into any statute of limitations issues that could prevent you from legally pursuing the debt."
Q: If a driver leaves the scene of a fatal car accident and his mother shows up. She is as guilty?. The mother of the driver left her son home to come see what occurred she did not turn her son over to the police. Nor should she have to the SDPD said my parents where not wearing seat belts. That does not constitute a reasonable excuse for their execution. Please Advise ,"A:There are not enough facts to get good information, but, to the basic question, someone appearing at the scene of a crash, after the crash, does not make them responsible."
Q: What can o do if I have assault deadly weapon charge case has been goin since 12-21-21 n I haven’t had preliminary. I have three charges assault deadly weapon and accessory after the fact I have nothing to do in this just was the wrong place wrong time and there’s no weapon it took a lawyer a whole year to give me discovery so I’m currently looking for another one this case has been going since 12-21-21 and I just keep getting rescheduled I haven’t had a preliminary hearing ,"A:If you haven't had a preliminary hearing and the case has been ongoing for an extended period, it's essential to communicate your concerns with your current attorney or find a new one if necessary. Delays in court proceedings can occur for various reasons, including caseload backlog and legal complexities. A legal professional can help you navigate the process, potentially expedite your case, and ensure your rights are protected."
"Q: My dealer sold me a lemon. Is it legal to drive my car with painted messages on my doors ""parkplace sold me this lemon""?. Have tried to resolve amicably. Car in shop 26 days out of the 45 I have owned it. Since it was purchased with 1000 miles CPO ""as is"" it does not qualify for buyback according to MBUSA. I spent 130k and car does not drive nice. So while I prepare a lawsuit, want to paint on car, to warn others about working with Park Place dealership. Is it legal? And.. I am looking for a lawyer who can take on a car dealership... I know they are very powerful in Texas. ","A:Since a car can only be a “lemon” if it was purchased new, you could be sued for business disparagement if your sign deters a prospective customer from purchasing a car from the dealership. Most used cars are sold as-is, meaning the buyer is not relying on anything the seller may have said about the condition of the car. CPO cars typically are sold a limited warranty. Whether you have a valid claim depends heavily on the exact terms of the warranty you received when you bought the car. Car dealerships are frequent targets of lawsuits. I’ve never known a lawyer to shy away from suing one based on any perceived “power.” I have known many customers who won’t fund litigation against car dealerships because they think lawyers should either work for free or on a contingency fee."
"Q: CFI Academy, refuses to give refund for ~$12,000 for services not provided, which include ""student housing"" and flight. Housing was shut down after 17 days, after paying for 5 weeks. ~$650 CFI-I program, in a contract, was entitled to a refund which has not been provided ~$4499 MEI program, in a contract, was entitled to a refund which has not been provided ~ $6499 ","A:Under California law, if CFI Academy failed to provide services for which payment was made, including student housing and flight training programs, you are entitled to pursue a refund. The closure of housing after 17 days, despite payment for 5 weeks, and the non-provision of the CFI-I and MEI programs, as contracted, constitute a breach of contract. You should first formally request a refund from CFI Academy, citing the specific terms in the contracts that entitle you to such refunds. Document all communications for your records. If the academy refuses to comply, you may consider legal action. The amount involved, totaling approximately $12,000, justifies seeking legal redress. Small claims court is an option if individual claims fall within its monetary limits, otherwise, civil litigation may be necessary. Consultation with an attorney experienced in contract law is recommended. They can assist in evaluating the strength of your case, navigating the legal process, and ensuring your rights are protected. Remember, contracts are legally binding, and parties are obligated to fulfill their terms. Non-compliance gives you the right to seek remedy through appropriate legal channels."
"Q: If a case is to be heard in a district federal court, but the defendants are considered ""assigned"" to the district. Under certain commissions, therefore are sometimes witnesses to prosecuting cases, is that enough to file in a separate district or as an original proceeding in the tenth circuit? ","A:In the scenario you're describing, where defendants are frequently involved in prosecuting cases in a specific district federal court, concerns about potential conflicts of interest or bias might arise. These concerns can be a valid basis to request a change of venue or to file in a different district. However, simply being 'assigned' to a district or having a role as witnesses in prosecutions does not automatically qualify as a sufficient reason for such a change. The decision to grant a change of venue or to allow filing in a different district or circuit court depends on demonstrating that a fair and impartial trial cannot be held in the original venue. If you believe there's a significant conflict of interest or bias, you should file a motion to change venue, outlining your concerns and reasons why a different district or circuit would be more appropriate. This motion would typically be filed in the original district court where the case is set to be heard. It's crucial to provide concrete evidence or arguments to support your claim that a fair trial cannot be ensured in the original venue. The decision will ultimately be at the discretion of the court, based on the evidence and arguments presented."
"Q: How sue local Code Compliance and Building department for not enforcing their own laws?. Several City Departments working hand in hand with rich real estate developers at the expense of working class by not applying their own laws and ordinances for the former. We have proof of several violations and refusal to act. Willfully unadressed violations so far include Illegal tear down of historic elements, Right of Way violations including driving construction vehicles on unsecured pedestrian space, unsecured hazards like filled pool without barriers, legal threats to neighbors etc. Code complaints have been altered by Code in the official systems. A Private Real Estate Attorney, threatening neighbors, was part of Special Advisory Board for the City Attorney (involved in the case as well). On a sidenote, the same real estate law firm also has created a monopoly where local residents cannot find a local attorney to represent them as they subcontract most local law representatives so no-one will go against them. What is our best bet here? ",A:It's more of a political question than a legal one. Run for office or support a candidate with whom you agree on these issues.
Q: I would like to patent an energy drink certain ingredient how do I know if it has already been patented?. I would like to patent an energy drink recipe but in a broad sense to protect or mitigate against companies with more capital just running me over and imitating it. How do I find patent but ensure I'm not overlapping someone else's already? ,"A:To determine if your energy drink ingredient is already patented, you can start by searching the USPTO database and other relevant sources. This will help you understand whether your invention overlaps with existing patents. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: Below is not true.....Those were wells that were supposed to be paying me....The city came in after we signed ....and. .............took over,,,,,Trucks run 24 7......Somebody getting paid & it aint us.... There are wells on city land because the mineral owner for that property, i.e., the city, has signed an oil and gas lease that allows those wells. The royalties will go the the mineral owner, i.e., the city. ","A:If you are the mineral owner and the well is producing and the royalties are over the oil company's minimum for checks, you may be entitled to royalties. It's not possible to know what your rights and remedies are without a thorough analysis of your situation. Contact an oil and gas attorney in your state for assistance. The state bar association usually has a referral service that can help you locate an attorney."
"Q: Can a crafter claim copyright on items they created with mass produced, publicly available supplies?. I have online craft stores. A part of my inventory is jewelry, created with supplies that are mass produced and imported from overseas (lockets, charms, necklaces, etc). I often combine these items (ie: add a charm to the face of a locket) and add glow material to make it glow in the dark I just received an IP infringement notice from a maker who creates similar items from the same supplies. Due to the popularity of some designs/their availability on craft supplies websites, we inevitably have some overlap and have created items that are the same (totally coincidental). They initiated copyright takedown notices on all of my items that were the same as theirs, even though they did not DESIGN any of the original components. They simply purchased the same supplies, arranged them together, and are now claiming copyright infringement because it's their ""original design"". Are they protected by copyright when they didn't CREATE the design, and we just happened to have similar ideas? ","A:In New Jersey, as in other parts of the United States, copyright law can be complex, especially when it comes to craft items made from mass-produced components. Copyright protection does not extend to items made from commonly available supplies simply arranged or combined without significant creative expression or originality. The key factor in copyright law is originality and creativity. If the items you created are original works of art, even if made from mass-produced components, they may be protected by copyright. However, arranging common items in a standard or expected way typically does not meet the threshold for copyright protection. In your situation, where both you and the other maker have created similar items from the same publicly available supplies, it may be challenging for the other party to claim copyright infringement if neither of you significantly altered or added unique creative elements to the base components. If you received a takedown notice, it might be wise to consult with a lawyer who can review the specifics of your case. An attorney can assess the uniqueness and originality of your designs and advise you on the best course of action. Remember, in cases like this, it’s crucial to balance protecting your own creative works while respecting the intellectual property rights of others. Each case can have nuances, so professional legal advice tailored to your specific circumstances is often necessary."
"Q: What kind of lawyer assists with Personal Protection Orders?. This is a non-domestic PPO and we need protection from stalking, sexual harrasment and cyberstalking. ","A:If you need assistance with obtaining or defending against a Personal Protection Order (PPO) in a non-domestic context, particularly in cases involving stalking, sexual harassment, and cyberstalking, it's advisable to seek the expertise of a civil litigation attorney, a civil rights attorney, or an attorney specializing in harassment and cyberstalking cases. These legal professionals possess the necessary knowledge and experience to navigate the complexities of PPO matters, ensuring that your rights and safety are protected."
"Q: My eBay listing keeps getting removed because my ""listing used their copyrighted image without permission."". I keep trying to sell a Klipsch headset on eBay. I took the pictures of the product myself, but I keep getting my listing removed, because Klipsch is claiming copyright infringement over my images. They are my own pictures I took myself, and I feel I'm being harassed by Klipsch. Klipsch is wasting my time, because I have to keep rewriting the listing, which takes a long time. And I believe they are trying to unfairly stifle competition by making fraudulent copyright claims against me. I've already contacted them and threatened legal action, and they ignored me and continued making false claims. The images in my listing belong to me, because I took them myself. I have a right to sell an item that belongs to me, using images that I took myself. Klipsch is violating my rights. I want to file a lawsuit, but I am poor. Would anyone be interested in doing a pro-bono lawsuit? ",A:Try the Electronic Frontier Foundation. They sometimes take cases involving DMCA harassment pro bono.
Q: A friend ask me to live at her mom's house and just kicked me out and took my belongings.. My friend lives out of town and asked me to stay there to watch the house and take care of it. ,"A:Under California law, if you were living in your friend's mother's house with her permission, you may be considered a tenant, even without a formal lease agreement. As a tenant, you have certain rights, including the right to a proper eviction process. If you were removed without proper notice or due process, this could be considered an illegal eviction. California requires a landlord to provide written notice and go through a formal eviction process, even in informal living arrangements like yours. Regarding your belongings, it's unlawful for someone to withhold or take your personal property without your consent. You have the right to retrieve your belongings. If they are withheld from you, you may need to take legal action. It's recommended to document everything, including any agreements or communications you had with your friend or her mother about living in the house. Consulting with an attorney can help you understand your rights and the best course of action to take in this situation. They can guide you through the process of potentially recovering your belongings and addressing the illegal eviction."
"Q: Moving company delivered home furnishings in damaged condition, far exceeding normal expectations of damage. Can I sue?. Mostly evident of neglect in transit. Original agreement states a maximum of 60 cents a pound maximum claim for damages. Estimated damages could be in excess of $10,000. Can the agreement document be over come? ","A:In cases where your home furnishings are delivered in a damaged condition, understanding your legal options is important. The original agreement you mentioned, capping damage claims at 60 cents per pound, is a common clause in moving company contracts. However, if the damage is significant and appears due to neglect, you may have grounds to challenge this clause. First, document all the damages thoroughly. Take pictures and prepare an itemized list of the damaged goods, noting their condition before and after the move. This evidence is crucial for any claim. Your next step should be to review the terms of the agreement. Look for any clauses that might limit the company's liability and any conditions under which these limitations can be contested. Understanding these terms is key to evaluating your legal position. Given the potential extent of your damages, it may be wise to consult with a lawyer. They can assess whether the limitation of liability clause in your contract can be challenged based on the specifics of your case. Remember, each case is unique, and legal outcomes can vary. A lawyer can guide you on the feasibility of legal action and help in negotiating a settlement or pursuing a lawsuit. Acting promptly and keeping detailed records of all communications and damages will be essential."
"Q: I filed a complaint with the California dept of insurance about coercive antagonistic behavior from adjuster. he has all my written, visual and taped verbal answers to his questions about my claim. I don’t want him to keep contacting me with his intimidating behavior trying to convince me why he’s going to substantially reduce the claim his own assessor arrived at on examining the accident and damage and offered in writing. Do I have to respond to his repeated requests that I contact him to discuss my concerns and to tell him what lawyer I may have consulted about my claim? I didn’t tell him I filed a complaint, just that I was exploring possible legal counsel. I’ve already given him all the information he asked for in duplicate. I feel harassed and it’s become so stressful it’s effecting my life, can’t sleep, eat, focus on work. ","A:In dealing with the adjuster, here are a few suggestions: Document the Communication: Keep a record of all communication with the adjuster, including dates, times, and details of each interaction. This will help you maintain a clear record of the events and any concerning behavior exhibited by the adjuster. Review Your Insurance Policy: Familiarize yourself with the terms and conditions outlined in your insurance policy. This will give you a better understanding of your rights and obligations during the claims process. Consider Seeking Legal Advice: If you feel overwhelmed or harassed by the adjuster's behavior, it may be worthwhile to consult with a lawyer who specializes in insurance claims. They can review your case, advise you on your rights, and provide guidance on how to handle the situation. Responding to the Adjuster: While you may not be required to respond to every request from the adjuster, it's generally advisable to maintain open lines of communication. However, if the adjuster's behavior becomes intimidating or you feel harassed, it may be appropriate to limit direct communication and rely on your legal counsel to handle the interactions on your behalf. Follow up with the California Department of Insurance: If you've already filed a complaint with the California Department of Insurance, it's essential to follow up with them regarding the ongoing issues you're experiencing. They can provide guidance and assistance in addressing your concerns."
"Q: What can thet plaintiff do if the sheriff of NYC put forth impossible conditions on the plaintiff to stall the eviction. The impossible condition is compelling the plaintiff to require a 60 day prepaid receipt for storage, from a ‘LICENCED’ storage company in the borough of LIC, failing which the warrant of execution won’t be executed. No storage company is prepared to provide a storage receipt or estimate unless I provide the list of the squatters inventory that needs to be stored. The warrant of eviction is thus stalled for the last 2 months. ","A:In this situation, where the sheriff of NYC has set conditions for eviction that appear to be impractical or impossible to meet, there are a few steps that can be taken. First, it would be advisable to document all your attempts to comply with the sheriff's requirements, including your interactions with storage companies. This documentation can serve as evidence of your efforts to fulfill the conditions and the difficulties encountered. Next, consider reaching out to the sheriff's office or the department overseeing evictions to discuss the issue. Explain the challenges you're facing in obtaining the required storage receipt and seek clarification or a possible modification of the conditions. If this approach doesn't yield results, legal action may be necessary. You can consult with an attorney to explore filing a motion in the court that issued the eviction order, seeking intervention due to the unreasonable conditions imposed by the sheriff. The court may provide guidance or order a modification of the conditions to facilitate the eviction process. Remember, the legal system is designed to ensure fairness and reasonableness in its processes. If you believe that the conditions set by the sheriff are unjust or unfeasible, it's important to seek legal recourse to address these issues and move forward with the eviction."
"Q: Personally creating a non-disclosure agreement. I want to create a space company but focusing on a revolutionary cheaper alternative to rockets here in Germany.I am still on the idea stage and have personally made the company's website to attract investors.My idea focuses on a revolutionary system called ""SpinDrive"" that has the potential to revolutionize space transport and make a spacecraft travel from Earth to Mars in just 3.5 days. Ive verified its functionality but have not yet had the opportunity to patent it since im a 19 year old boy from Kenya currently doing volunteer work in Germany. For the investors I have made a non-disclosure agreement to secure intellectual property.Is creating that NDA personally ok? Please guide me through all the steps I need to take according to the law until I fully establish that company. ","A:You may want to consult with an attorney in Germany. This forum deals largely with U.S. law and courts. Here in the U.S., it's okay for someone to create their own NDA. But it would be best if an attorney familiar with the law in Germany could advise you. Also, you could consider speaking with a patent attorney about protecting your intellectual property rights - your question is posted under Business Formation. Good luck"
Q: Can they commercially sell this implant ?. It is being sold as a product in India and already more than a hundred have have surgery. This is just not right ,"A:This is something that attorneys who practice law in India would have better insight into. This forum deals mainly with questions about U.S. laws and courts. But if the implant is causing complications en masse across the population, that's something that product liability attorneys in India could be aware of. If you could reach out to them to try to arrange a free initial consult, they might be able to steer you toward resources where you might be able to learn more about the matter. Good luck"
"Q: Is legal to make hate comments?. I was in a chat whose link was published by an Instagram influencer. I got in and started talking, what happened was that one day a boy showed a picture of his pet and I told him that it was very cute and that he should bathe it well, the boy told me that he bathed it every day, I I told him that it was bad for a dog to bathe him every day, then the boy got angry with me until another one arrived (I imagine it was his friend) and they started attacking me until they wished me dead. ","A:In the United States, while the First Amendment protects freedom of speech, there are limits. Direct threats, incitement to imminent violence, and certain forms of hate speech can potentially be illegal. Wishing someone dead might not necessarily be construed as a direct threat, but context is crucial. If the comment was made in a way that a reasonable person would perceive as a genuine and immediate threat, there could be legal implications. Online harassment or cyberbullying can also be subject to state-specific laws. If you feel threatened or harassed, it's advisable to gather evidence of the interactions and consult with local law enforcement or an attorney. Addressing online threats and understanding the nuances requires consideration of both the specific facts and applicable laws."
"Q: I was never convicted in an Administrative Hearing in 2002 USMC, but my CO recommended Discharge anyway.. I received an Honorable Discharge. When applying for a job, the arrest record of 2002/2003 shows. Can I get that arrest record expunged? If so what are the steps? ","A:Yes. It is possible to have the record expunged or at least amended to make it clear that you were never charged with or convicted of a crime. We have had success assisting clients with this process. It begins with a petition to the law enforcement records centers for your service. In your case, a petition would need to be submitted to NCIS. The petition must outline why you should never have been ""titled"" initially and/or why the record should be amended now."
"Q: can Civil Harassment plaintiff alert the defendants GF he sent unsolicited genital photos/video once order is granted?. defendant is a neighbor, he's done it more than once via snapshat and instagram, would that contact w/the Girlfriend nullify the order? ",A:Civil Harassment restraining orders are for dangerous situations. Your desire to send your harasser's unsolicited photos to his girlfriend will serve to motivate your harasser to continuing coming after you. That is a very bad idea. Safety first.
"Q: She ran a red light and a motorcycle hit side of her car and died. Her fault, what charges should she face?. He was on a motorcycle goin estimate 15 mph over speed limit. Woman ran red light and he hit the side of her car and it killed him. She has 5 previous dwi's, 3+ driving on suspended/revoked and was driving on suspended/revoked when she killed him. I don't think she had insurance. She's only gettin a failure to yield ticket in this matter.. can yu please help me? He was 35 and has children. ","A:The criminal charges, if any, will be at the discretion of the Prosecuting Attorney. It takes time for them to file the charges because they have to gather evidence and determine the appropriate charge(s) to ensure conviction. The family will likely be contacted to provide a victim impact statement but in the interim, they could contact the Prosecutor to get additional information. I would recommend that the family hire a personal injury lawyer if they have not already and see if the PI attorney can facilitate getting that information."
"Q: Can my spouse sue me for the money she spent on my immigration process?. I am a green card holder due to my US citizen spouse who took care of all the expenses for my immigration process (around $9,000 in total). I have only been staying in the US for about 10 months so far. Unfortunately, the relationship is not doing okay and I would like to separate and leave the US. If I file for divorce, does my spouse have grounds to sue me for all that they spent for my immigration? Please know that I do not have the financial capacity to pay this back as I am only a part-time worker. ","A:Don't worry about it. She can sue you. She can sue you 100 times. But she won't ever collect. So tell her goodbye, and leave. Besides, a suit for $9000 will cost her about $10,000 or more in fees if she hires a lawyer. And finally, she really has no case against you. The expenditure was for the benefit of both of you. She sounds like a miserable human being."
Q: what kind of attorney Practice one of my Insurance Client lawsuit me for underinsured coverage claim ?. I was Allstate agent till 2020 when I started my own independent insurance agency . I received Citation on November 1st from customer lawsuit Allstate and me for incident happened in 2016 . I like to have consultation with Attorney whose practice in defending insurance agent lawsuit ,"A:In your case, where a former client is suing you and Allstate for an underinsured coverage claim related to an incident that occurred while you were an Allstate agent, you should seek a consultation with an attorney experienced in insurance defense. Specifically, you'll want an attorney who has experience defending insurance agents against claims of negligence or failure to procure adequate coverage. These attorneys are familiar with the nuances of insurance law and agent liability. It's crucial to find someone who understands both the legal aspects of insurance policies and the responsibilities of agents. You can start by contacting your local bar association for referrals or searching for law firms in Texas that specialize in insurance defense. When consulting with potential attorneys, explain the specifics of your case, including your role as an agent and the details of the lawsuit. Ensure they have experience in similar cases and are well-versed in Texas insurance law. Time is of the essence, so it's important to act quickly to protect your interests and prepare an effective defense."
Q: My parents and i were in a tragic accident it was the other drivers fault. They did not test him for drugs or alcohol.. Isn't it mandatory when people are killed. They also did not give us any info on the driver. And how long can they wait to give us the police report ? Its been 2 months is there a time limit? ,"A:With a death, especially under suspicious circumstances, they are, most likely, investigating. Hopefully they will do a very thorough job and eventually prepare a final report that will be made available. If there are charges to be brought, it may be some time before they voluntarily give it up. You may have to file a case and subpoena the report."
Q: if I were to post videos online of a group playing a tabletop game based on copyright material could I be sued?. if I were to post videos on youtube of me and some friends playing tabletop RPG based around copyrighted material (pokemon) could I be sued for copyright infringement and could I monetize it without legal repercussions? ,"A:This response is based on U.S. copyright law. Laws in other jurisdictions may be different. While game rules are not protected by copyright, the manner in which they are expressed might be. Images (artwork, drawings, photographs, etc.) generally are protected by copyright. Names of games and/or the characters in them may be protected as trademarks. A trademark license/permission could protect you against trademark infringement liability. You also might be able to protect yourself from trademark liability by publishing a conspicuous trademark disclaimer in the videos. The copyright issue is a bit more complicated. There are cases holding that incidental use of a copyrighted image in a video is not infringement. The use you describe, however, does not appear to fall into the ""incidental use"" category. The safest course of action would be to request license/permission from the copyright owner."
"Q: Ths fame was faulty I jumped to the next frame.. A friend accepted $500,000,000 worth of art and collectibles, took them out of state and sold them as her own. I kept track of all sales. I called the Sotheby's, Christies, Butterfields when they announced the sales and got a ton of goofy answers. They sold these items with made up provenance. This should be illegal (SEE PETER WATSON-SOTHEBYS, THE INSIDE STORY.) this gal murdered her husband because he threatened to expose the crime. There was no autopsy after his death. it never made it to Wisconsin's vital statistics. A now retired attorney told me that much of the selling was fraudlent because of the made-up Provenance. The Houses should be called out on this criminal activities. Would recovery be possible? The thief has been buying large apartment complexes and lavish homes in Arizona and California. Her crimes should be exposed and appropriate pentalities awarded. Her father served time for selling post guards that didn.t belong to him. ",A:Contact law enforcement if you have a crime to report.
Q: How did my sister sell my mobilehome without my permission in california.. My sister was a roommate while I've been away for two years because the police were looking for me. The question is is there a legal reasons she or the mobilehome park management could have made this possible?????? ,"A:In California, selling a mobile home without the owner's permission can potentially involve unlawful actions such as fraud or misrepresentation. If you believe your sister or the mobile home park management engaged in such activities, you may want to consult an attorney to investigate and potentially pursue legal remedies, including the possibility of reversing the sale if it was conducted unlawfully."
Q: Under indep act for probate can adminstraitor with full authority give her siblings what she wants when house sells .. Or even with full authority independnt she still has to split saleof house equal with siblings ? And can she buy the house herself and leave everyone out . No will for my mom . 7 kids . Sister filed for indep act and full rights not allowing courts to help . What do i need to worry about if its granted ? Im the blk sheep brother whom she hates ,"A:Under California law, when someone dies intestate (without a will), their estate, including assets like a house, is distributed according to the state's intestacy laws. In the case of your mother's estate, since there are seven children and no will, the estate should be divided equally among all siblings, assuming there are no other heirs like a surviving spouse. If your sister has applied for full authority under the Independent Administration of Estates Act (IAEA), this allows her to administer the estate with more flexibility and without constant court supervision. However, even with full authority, she must still adhere to the laws of intestate succession, meaning she cannot arbitrarily decide how to distribute the assets. The house and other assets should be divided equally among all siblings. Regarding the sale of the house, your sister, as the administrator, could potentially purchase the house herself. However, she must do so in a way that is fair and transparent to all beneficiaries, typically by paying a price that reflects the fair market value of the property. If you have concerns about how the estate is being handled, especially given your relationship with your sister, you may want to consult with a probate attorney. They can provide guidance on your rights and options, including how to ensure the estate is administered fairly and in accordance with California law. It's important to act promptly to protect your interests in the estate."
"Q: Query regarding seller protections, sale of home to ""investors"" like MarketPro, Open Door, Express Home Buyers, et al.. Maryland senior citizen hoping to receive some expert information regarding the regulations concerning such entities as MarketPro, as such a transaction may provide an escape route in my current dilemma that traditional realtors seem unable to offer. I have done some preliminary research, but have thus far been unable to find a reliable source of unbiased guidance. What I want to know is this: they advertise no closing costs (which I understand are already included in the reduction-from-market-value that reflects their offers), but they also advertise no realtor involvement. What protections does the seller have, without realtor or legal representation (the cost of the latter of which would likely nullify the savings from no realtor commission)? I know that they are not required to be licensed realtors in MD; I can read a contract or a statute, but have no expertise in real estate law, and don't know whom else to ask. Thank you for any enlightenment you can offer! ","A:Without a professional (lawyer or broker), you have very little protections. This type of entity preys on distressed sellers to scrape as much of the equity as is possible. They often ignore the consumer protection that is built into existing statutes and local ordinances by treating yours as a commercial transaction, when it is really the sale of your residential property. When foregoing the use of a professional, it is often better to use an auction house, where the buyer pays the ""bid premium,"" and there is also no commission paid by seller. Good luck."
Q: what is a list of export restrictions from US to Russia? mainly related to service software?. a business customer from dubai made a software license agreement with US company that is protected from US copyright law and international treaties. A business customer from dubai have clients from Russia that may use that software from the US company. What are the export restrictions for this case? based on everything above how to answer this? ,"A:Export restrictions from the US to Russia can be complex and may vary depending on the type of software and its intended use. It is essential for the US company and the business customer from Dubai to consult with legal counsel and comply with all applicable US export laws and regulations, including those related to software export to Russia, to ensure they are in full compliance with the law. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
Q: False claims acts - Medicare.. For medicare false claims in California: what could be statutes of limitations according to Federal vs State law? Should case be filed under seal at Federal court? ,"A:Under Federal law, the statute of limitations for filing a claim under the False Claims Act (FCA) related to Medicare fraud is generally six years from the date of the violation. However, there is a provision that can extend this period to ten years if the government can prove that it was not aware and should not have reasonably been aware of the facts material to the right of action. California has its own False Claims Act, which mirrors the Federal law in many respects, including the statute of limitations. This means that for Medicare fraud claims in California, the same federal time frames generally apply. When filing a claim under the FCA, it is indeed required to file the case under seal in federal court. This means the lawsuit is kept confidential for a period of time while the government investigates the allegations and decides whether to intervene in the case. Given the complexity of FCA cases, particularly those involving Medicare, it's important to proceed with a clear understanding of both federal and state laws. Legal counsel can provide crucial guidance in navigating these laws and ensuring that your case is filed correctly and within the appropriate time frames. Remember, the process of handling a case under the False Claims Act can be intricate and requires a careful approach to ensure compliance with legal procedures and deadlines."
"Q: my question regards is for UNEMPLOYMENT BENEFITS. I quit my job after 5 years there.. i was applying for unemployment and at that moment i was still kind of in shock that i was forced to quit. me being the head of household was terrifying me. i was just thinking bout all the bills and rent. Anyways, i was distraught. i unintentionally put that ""work was slow."" That was what i was reading from paperwork that i had to file for EDD back in 21. When i received the unemployment form saying what i put i quickly corrected that and sent them the form. now i have received a letter saying ""NOTICE OF POTENTIAL FALSE STATEMENT"" phone interview is thursday. I wasn't able to certify as i tried to call on the phone because i locked myself out and i don't know the answer to the question to unlock it. what do i do? how do i correct this> i did receive i payment from them. ","A:In California, if you have received a ""Notice of Potential False Statement"" from the Employment Development Department (EDD) regarding your unemployment benefits, it's important to address this matter promptly and honestly. During your scheduled phone interview, clearly explain the situation and the error you made while applying. It's vital to provide a truthful and detailed account of why you quit your job and how the mistake in your application occurred. Documentation supporting your reasons for quitting, such as any relevant correspondence with your former employer, can be helpful. If you have already sent a correction, mention this during the interview and provide any evidence of your attempt to rectify the mistake. Since you've received one payment, discuss this openly and be prepared to make arrangements if any overpayment occurred. It's also crucial to resolve the issue of being locked out of your online account. Consider seeking assistance from a legal aid organization if you need help navigating this process."
"Q: I recently discovered my 6yo abused her cat by a video she recorded. What can I do with this matter??. Background: I am the noncustodian parent and I see her once a month for my custody. Her father has the primary physical custody. He doesn’t care when I bring concerns and he doesn’t know about the animal abuse matter yet because I don’t know how to bring this up. I know my child doesn’t know better and I have seen him verbally abusive with not just me and others but with his animals. Either she’s doing what he does or it’s a behavioral issue. I suggested awhile back to him for her to see someone and he ignored the matter. Like I said, he has her majority of the time, he also doesn’t involve me in her life even though I still have the right to know about her medical, education choices or any other major thing related to her. I am worried because since he has gotten her into his custody, her persona and behavior changed a lot, for the worst… ","A:The discovery of your child abusing an animal is a serious concern and needs to be addressed immediately. This behavior can indicate underlying emotional or behavioral issues that require professional intervention. First, it's important to document the evidence, such as the video you mentioned. This could be crucial for any legal or therapeutic actions that might follow. You should bring this matter to the attention of the father, despite his previous non-responsiveness. It's essential to communicate your concerns clearly, focusing on the child's well-being and the need for professional help. If he remains unresponsive, you may need to take further action. Given the situation, it may be appropriate to seek legal advice about modifying the custody arrangement or requesting a court order for the child to receive a professional evaluation and appropriate treatment. The court can order these measures if they are in the best interest of the child. Additionally, consider contacting child protective services if you believe the child's environment is contributing to her harmful behavior. They can investigate and intervene if necessary to ensure the child's safety and well-being. Remember, your primary concern is the health and safety of your child. Taking action, even if it involves legal steps, is important to address the situation appropriately and to provide the necessary care and support for your child."
Q: Why can't I see my 87-year-old mother if there is no legal reason why. My mother was brought down to Saint Cloud Fl by my aunt after her husband died on April 23. My aunt is planning on with a living man friend taking over my mother's Lower Manhattan NY apartment My aunt claims my mother doesn't want to talk with me but my mother never told me that and I haven't been able to see her for months. I would like to know what if anything I can do about this ,"A:You didn't indicate what, if anything, is preventing you from going to your mother's place or calling her. That info would be necessary to determine what, if anything, a lawyer can do for you. Contacting your mother would also be the first step in determining what rights, if any, you have regarding the NY property. You would need to determine if she executed any legal documents in that regard, such as a power of attorney or a deed - and if she did, whether she was of sound mind at the time."
"Q: Can a prison CO or guard call a inmate a snitch?. My wife is in Prison in Arizona under the AZ DOC., ","A:It is not illegal. We have free speech in this country. That said, while prison guards have certain leeway in how they interact with inmates, they are still bound by professional standards and codes of conduct. Labeling an inmate as a ""snitch"" can pose serious safety risks for the inmate, as it can make them a target for retaliation from other inmates. This kind of behavior may be deemed unprofessional and could potentially violate the inmate's rights. If a prison guard has indeed called someone a snitch, the inmate or their representatives should consider filing a grievance or complaint with the appropriate supervisory or oversight body. Such an allegation, if proven, may result in disciplinary action against the guard. Additionally, if harm comes to the inmate as a result of being labeled a snitch, the prison may face legal liabilities. It's essential to consult with an attorney experienced in prisoner rights to evaluate any potential legal remedies."
"Q: If my lawyer wants to dismiss chpt13 and file chpt 7 Do most lawyers disclose their fees in chapter 7 from chapter 13.?. Im on furlough been a year , lawyers saids can pay fees after I start working , Fees from start of chapter 13 is written accumulated fees during chapter 13 not written total yet Must a lawyer show their fees from after dismissing chapter 13 and than lawyer will file chapter 7 , Not converting saids better this way cause of home ",A:Yes. They must disclose their fees in every petition or action that they file.
Q: Do insurance companies have the right to hire an attorney to defend the insured against liability claims?. If liability is disputed in intercompany arbitration will the insurance company notify the insured of the arbitrators decision? ,"A:In a typical automobile liability insurance policy, the insurance company has both the right and the duty to defend the insured driver. It is not typical in intercompany arbitration for the insured to be notified of the award"
Q: Will a quick claim deed with no language stating that a merger would not taking place cancel a deed to secure debt ?. I had the deed to secure debt due to a loan with property owner two years later due to ongoing financial help half interest in the deed was quick deeded into my name The property has foreclosed and the homeowners accosiation is vying for a portion of the excess funds and there position is that a merger had taken place when the quick claim deed took place without language I. It stating otherwise. I never had any intentions of a merger. The property had no equity in it at that time. I would have been losing all the monies in the deed to secure debt. ,"A:I don't follow your posting and the situation is likely too complicated for an online forum like this anyway. You should retain a local real estate attorney to advise you. And just FYI, it is called a ""quit claim deed."""
"Q: Would I be able to claim COVID-19 Unemployment Benefits IF I DID NOT file claim during COVID-19 and/or file claim at all. I never filed for COVID-19 Unemployment Benefits, can I still claim and receive payments? ","A:A California attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a California attorney, one option could be to check with applicable agencies that administered programs (Department of Labor and possibly other agencies, depending on exact benefits). Good luck"
"Q: Apt. building sits on 2 lots have 1 address , 1 APN # researched and found 1 lot is AB 1482 rent cap other is not.. The address the building uses is the lot that is not rent controlled. The APN is tied to 2 address . Fishy? ","A:In California, the application of AB 1482, which imposes rent caps and just-cause eviction rules, can be complex, especially in cases where properties span multiple lots with different zoning or classification. The fact that your apartment building sits on two lots, one subject to AB 1482 and the other not, is indeed unusual and warrants further investigation. The use of a single address and APN (Assessor's Parcel Number) for both lots might be an administrative decision, but it doesn't necessarily determine the applicability of rent control under AB 1482. The key factor is whether the lot on which the building sits is subject to AB 1482. If part of the building is on a lot that is covered by AB 1482, then the provisions of this act could apply to units on that specific lot. It would be advisable to review the specific details of the property, including how the building spans the lots and the legal descriptions of the lots. If there is ambiguity or inconsistency in how the property is classified, it might be necessary to seek clarification from local housing authorities or a legal professional. Remember, understanding the exact legal standing of your property in relation to AB 1482 is crucial. This information is important for both landlords and tenants to ensure compliance with state laws and regulations."
Q: If a parent voluntarily signs away rights for their child to be adopted can their child support be forgiven. If the adoptive parent consents when the bio parent is a over $4000 behind ,A:Yes.
"Q: Can I sue a gas station for refusing to give me a receipt for gas purchase and being racist to me.. I went to purchase gas at a gas station and the machine was out of receipts, I went inside to ask for one. The worker was very racist and rude in her talk and refused to give me a receipt. I asked why she said I don’t know how but she mentioned that she has been working at the place for 20 years. She called the cops on me for no reason and I got trespassed from the place for no reasons. I didn’t yell neither said anything. I walked out right away. What legal actions can I take to sue the place for. I am willing to pay anything and get my revenge and the worker back. ","A:Workers' Compensation is an area of law that deals with work-related injuries. It is illegal for a retail merchant to refuse to provide you with a receipt. The situation that you describe happens EVERY day. A remote printer either runs out of paper, misfeeds, jams, or runs out of paper. Your REMEDY is a receipt, NOT a lawsuit. I would guess that emotions were running high that day and lead to poor communication. The situation you describe has nothing to do with anything actionable. What the attendant did was wrong and inappropriate but NOT legally actionable. If you filed a case in Small Claims, it would be dismissed. If you hired an attorney to file it, the attorney could and should be reprimanded for bringing a frivolous suit. The attorney could be fined or suspended."
"Q: I received an early renewal rate, and now they say they can't honor the pricing because it was incorrect. What can we do. They quoted us $1,498 for a 14 or 15-month lease. They said the pricing was incorrect when I responded to renew us at the 14-month deal. Should they have to honor that original pricing? The pricing they corrected it to is $1,869 a month for a 14-month lease. ","A:Because the lease is for longer than one year, a written lease agreement is required to hold either party to the terms. Without a written lease signed by them, you cannot hold them to the quoted renewal rent. You can holdover and pay whatever rent is required under your existing lease as a holdover tenant. Or you can move out and rent a different place at rent you can afford."
Q: Can lender file for lost title or duplicate title after selling car to insurance company and accepting payment for acv. Lender sent title to insurance company I then bought it back from insurance company for salvage price insurance company sent me my title with lien holder release of lien ,"A:In Indiana, once a lender sells a car to an insurance company and receives payment for the actual cash value (ACV), they generally lose their rights to the vehicle, including any claims to its title. If you have bought the car back from the insurance company at a salvage price and received the title with the lien holder's release of lien, it indicates that the lender has relinquished their claim to the vehicle. In this scenario, the lender typically cannot file for a lost title or a duplicate title, as their interest in the vehicle has been settled and transferred. It's important for you to ensure that all paperwork, including the lien release, is properly processed and recorded to avoid any future complications."
Q: Can we report our boat as stollen since we have not been paid for it? Can I Sue the dealership?. My husband and I own a boat that we decided to sell. We put it on a lot for a dealership to sell for us. The deal was that the boat would not leave the lot until paid for. We also agree that the dealerships would take $500 for selling it. We got a call from the dealership about 12 days ago saying they sold the boat. The dealership has not paid us yet. We called today and the sales man was a jerk. I don’t know if he is just typically a jerk or if he was in a mood. Anyways I wanted to know why I haven’t had a call telling me to pick up my money. He admitted they were paid and said he needed to call the bank to see what was going on and would call me back. He didn’t call back! Is there a certain time frame that the dealership has to pay us? Can we report our boat as stollen since we have not been paid for it? Can I Sue the dealership? I would like to hire an attorney to sue them if that’s possible? What can I Sue them for? ,A:Probably a Civil Warrant in General Sessions Court for Breach of Contract or Conversion. Hire a TN attorney.
"Q: I left the scene of an unsafe multi car accident and filed a police report online a few hours later. I drove into a multi car accident and another car hit me from behind. I didn’t hit anyone. It was on a very busy interstate, and I felt it was unsafe and no police were on scene yet. I drove to the next exit and assessed the damage, which wasn’t terrible, and called my insurance company. I then drove home and filed a collision report online. Cqn I get in trouble for this? ","A:Leaving the scene of an accident, even if you did not cause it, can potentially lead to criminal charges and penalties under Kentucky law: - Kentucky law requires drivers involved in an accident to remain at the scene and provide their contact/insurance information to the other parties involved. - Filing a report later does not satisfy this requirement to remain at the scene. Leaving can be considered a hit and run. - The penalties for leaving the scene of an accident where injuries or property damage occur are fines up to $500 and up to 90 days in jail. - The fact that the accident occurred on a busy highway makes leaving more hazardous if others were not able to avoid the wreckage. - Your concern about safety does not provide legal justification for leaving. You are required to move to a safe position at the scene and comply with the law. - The best approach is to remain at the nearest safe location until police arrive and document the incident. While the consequences may be minor for a first offense with no injuries, it is still advisable to consult with a local criminal defense attorney to mitigate penalties for improperly leaving the scene. Cooperating fully with any law enforcement investigation will also be important."
"Q: Does a 30 day used car warranty resume or reset after it has been in repair within that time?. I bought a used truck from a used car dealership that offered a 30 day warranty. After 6 days I sent it back to the dealership to get the sunroof fixed. It wouldn't open. The car is now approaching the 30 day warranty mark while in the dealers possession. Since I've only had possession of the vehicle for less than a week, does the remainder of the 30 day warranty re-start and alow me to have the full 30 days of possession/warranty? ","A:There is a provision in the CA lemon law that provides that the number of days the vehicle is in the shop extends the warranty by that number of days. AND if the issue is not fixed, the warranty remains in place on that issue until it is."
"Q: Hi....I became ill in 2015 and ended up with a Supplemental Needs Trust to help pay Medicare Premiums, I also have. medicaid for doctors. I own a Mobile Home in Calverton Meadows, when I pass will Social Security take my home for repayment? I have 2 daughters who help me (alot) and I hoped to leave it to them to sell when I pass. Thank you for any advice you give me. I only have a handwritten will , I live on Social Security and barely make it each month, but is there anything I can do. ","A:Social Security itself does not typically take assets for repayment, but Medicaid can seek recovery from the estate of a deceased beneficiary under certain circumstances. Whether your mobile home would be subject to such recovery can depend on the state's Medicaid rules and the specifics of the trust. Supplemental Needs Trusts are generally designed to benefit the individual while preserving eligibility for public benefits, and the assets within the trust are usually not subject to Medicaid estate recovery. However, since you own the mobile home and it is not in the trust, it may be considered part of your estate. It's important to have a properly executed will or to consider transferring the home into the trust, if permitted, to protect it from estate recovery. You may want to seek legal guidance to explore options like a Lady Bird deed or other mechanisms that can help ensure the home passes to your daughters without being subject to estate recovery. Considering your financial situation, you might be eligible for legal aid or pro bono services in your area. They can help you prepare a formal will and advise on protecting your home from potential estate recovery."
"Q: Im doing a moke trial in english two on new youk times vs united states, what things support the united states side. i actuall want to be a lawyer and this is a step closer but the moke trial is today so i need some facts from the case that support united states side, ","A:In the case of New York Times Co. vs. United States, the United States argued that the publication of the Pentagon Papers was a breach of national security. The government's position was that the papers contained classified information that could compromise military operations and diplomatic relations. It asserted that prior restraint was necessary to protect against immediate and irreparable harm to the United States. The government also maintained that the executive branch had the authority to classify documents to safeguard national interests and that the unauthorized release of such documents could not be protected under the First Amendment. Additionally, the government contended that the balance between a free press and national security sometimes necessitates restrictions on the media, especially during times of war or other sensitive circumstances. It's crucial for you to articulate the gravity of the potential impact on national security that the government believed these disclosures could have."
"Q: Would I be able to adopt my step child without having the biological parents consent?. If a biological parent has supervised visits 1 Saturday a month for 2 hours, 24 hours total in a year. They do not have any other contact with the child. Would that qualify as de minimus contact ","A:In Ohio, pursuing the adoption of a stepchild without the consent of the biological parent can be legally complex. The ability to proceed without consent usually hinges on specific circumstances such as the termination of the biological parent's rights. The term ""de minimis contact"" pertains to minimal interaction between a parent and child. For stepchild adoption absent the biological parent's consent, the court typically requires grounds for termination, such as abandonment or neglect. Mere limited contact might not suffice for rights termination. The court's paramount concern is the child's best interests, along with evaluating the biological parent's fulfillment of parental duties."
"Q: I got coerced to leave a job after I had an inpatient hospitalization. Do I have grounds to sue for discrimination.. I was not permitted to come back to my original position. I was given three options: move to a much-lower paying position and take a $5 pay cut, get ADA accommodations, or leave and get a severance. ","A:In Tennessee, if you feel that you were coerced to leave your job following an inpatient hospitalization, there may be grounds to consider a discrimination lawsuit. Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship to the employer. Being forced to choose between a lower-paying position, ADA accommodations, or severance after a hospitalization raises concerns about potential discrimination based on disability. Employers cannot legally demote or coerce employees into quitting because of their disability or medical condition. Document every detail related to your situation, including conversations with your employer, the options you were given, and any related correspondence. This information will be crucial in assessing the merits of your case. Consulting with an attorney experienced in employment law is a vital step. They can help you understand your rights under the ADA and state laws, and evaluate whether your employer's actions constitute unlawful discrimination. If discrimination is established, you might be entitled to remedies such as reinstatement to your original position, compensation for lost wages, and possibly damages for emotional distress. Remember, each situation is unique, so legal advice tailored to your specific circumstances is essential."
Q: Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors?. Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors? We would not use their images and the letting on our jersey design would be different. ,"A:The only way to find out if it is ""alright,"" is to contact the trademark owner and obtain permission. Without prior permission, there is a risk that the trademark owner could sue for trademark infringement."
Q: I was in a car accident last year Jan 2022 due to human trafficking suffering from severe anxiety disorder. I have documentation to verify I’m a human trafficking victim and I would like to supplement the police report and add my documentation so I can get the right justice I deserve ,"A:A Georgia attorney could advise best, but your question remains open for a week. I'm sorry about your accident and the ordeal it has caused you. Only a local attorney would know protocols about changing reports, but if you are represented by an attorney, you should advise them of this. Counseling and therapy can enter your file as part of damages. In many instances, they are not always treated as significantly as physical injuries, but you may document and present them in your case. Good luck"
"Q: What are the proper steps to get my apartment complex to repair my heating system it’s been 3 weeks and not been fixed. I have put it down on my move-in checklist as well as other repairs. The building I was placed in hasn’t been worked on since I’ve been here, So the other apartments are not even properly move in ready as well. ","A:Landlords must repair health and safety issues and provide essential services under the Landlord Tenant Law. Generally, the statutes specify what you may sue for and what damages you can recover. The analysis is very situation specific. However, another option you may have is deliver a letter to the landlord stating that you intend to cancel your lease if the essential service or health and safety issue is not corrected within 14 days. However, to make sure that you follow the legal procedure to terminate your lease you should talk to a local lawyer about your situation. Additionally, you should speak with a local lawyer about your situation to find out what claims or options you may have."
Q: Can gaslighting a person with a mental health history of schizophrenia bipolar depression become against the law ?. I know it is when money is involved. But bottom line wrong and agents the conversational Rights of the people with a past history of mental health? ,"A:Gaslighting, which involves manipulating someone into questioning their reality, can be particularly harmful to individuals with mental health conditions like schizophrenia or bipolar depression. While gaslighting in itself is not specifically outlawed, its effects could fall under broader legal categories like emotional abuse or psychological manipulation. If the gaslighting leads to financial exploitation, as you mentioned, it may then be considered a criminal offense. Also, if the behavior results in tangible harm or distress to the person, especially someone vulnerable due to mental health issues, it could potentially be addressed under laws related to harassment, emotional abuse, or similar statutes. It's important to document any instances of gaslighting, especially their impact on the victim's mental health. This documentation can be crucial if legal action is pursued. In cases where someone's mental health is being exploited or abused, it's advisable to seek legal guidance. A lawyer can help assess the situation and determine if there are grounds for legal action, as well as provide guidance on protective measures. Remember, mental health is a serious issue, and exploiting it through manipulative behaviors like gaslighting is not only morally wrong but can also have legal implications, particularly if it results in harm or distress."
"Q: When a non-profit organization dissolves, does the IRS-required asset-distribution clause apply to fixed assets, home?. The previous question I asked was intended to apply to Florida not California. The scenario would apply to partial funds from 501(c)3 donors used to purchase a home in Baja California which is Mexico over 25 years ago while the majority was used to purchase from ""own"" private funds. Does the IRS-required asset-distribution clause apply to fixed assets such as a home in this scenario under Florida law? ","A:Yes, when a non-profit corporation is dissolved, the assets covered by the asset-distribution clause applies to real property such as that in Mexico. It's essentially a matter of federal law, so it doesn't much matter whether the non-profit was incorporated in Florida, California, or elsewhere."
Q: What rules or laws apply to timeframes when appeals are made out of court to a governed agency. Housing is key. If my 30 days to appeal end date ends on a sunday do i have till the next business day to submit my appeal. I attempted to access the system to send in appeal but but the system wouldnt allow me to. It was ghe weekend and call center unavailable ,"A:Under California law, when the deadline for an appeal to a government agency falls on a weekend or a state holiday, you generally have until the next business day to submit your appeal. This extension is due to the fact that government offices, including the ones responsible for processing appeals, are closed on weekends and state holidays. In your case, if the 30-day deadline for your housing appeal ended on a Sunday, you should typically have until the end of the following Monday to file your appeal. This extension is in recognition of the practical difficulties in submitting appeals when offices are not open. It's important to note that different agencies might have specific rules regarding the submission of appeals. Therefore, it's advisable to check the specific rules of the agency you are dealing with. In your situation, since you were unable to access the system during the weekend and the call center was unavailable, it's reasonable to expect that the appeal could be submitted on the next business day. However, it is always wise to act promptly and not wait until the last minute to submit important documents, especially in legal matters. If you encounter technical difficulties or other issues, documenting these problems can be helpful in case there's a need to explain the delay in your submission. Remember, each situation can have unique aspects, so it might be beneficial to consult with a legal professional for personalized advice."
"Q: does new york state or local counties have an assignment of rights form ? by and between clients and agencies. by and between client and agency it could be a partial assignment of rights, or it could be a full assignment of rights, by and between a client and agencies ",A:Not that I have ever heard of. What are you trying to do? Jack
"Q: If a legal permanent resident of the United States who is married to a US citizen moves out of the country permanently…. and divorces their husband, but doesn’t submit a formal abandonment of citizenship, and their spouse notifies USCIS of the divorce and LPR’s new address outside the USA, will USCIS contact them and request they abandon their residency? Or, is there a way to ask them to do so? For example, could the US citizen request as a condition of the divorce that their LPR spouse abandon their residency? ",A:...will USCIS contact them and request they abandon their residency? No
"Q: What is ""special notification to jail""(Haircut, dr.appt) mean?. I went to be arraigned after court I looked up my case online. It shows the reason for court, next to it says outcome. The very first this it said on mine was special notification to jail (haircut and dr.appt,ect) ","A:In the context of California law, ""special notification to jail"" on a court document typically refers to instructions or notifications sent from the court to the jail regarding the needs or requirements of an inmate. In your case, mentioning a haircut, doctor's appointment, etc., indicates that the court has communicated to the jail about certain personal care or medical needs that you have while in custody. This type of notification is a way for the court to ensure that your basic welfare needs are met while you are in jail. It's important for jails to be aware of and accommodate such needs, which can include medical appointments, grooming, or other personal care requirements that are necessary for your health and well-being. If you have questions or concerns about these arrangements, or if you believe your needs are not being adequately met, it's advisable to communicate this to your legal representative. They can provide guidance on how to address these issues with the jail administration. Remember, it's important to advocate for your own health and well-being while in custody."
Q: Hi! can I get emancipated in the USA as a 16 year old foreigner? Im also planning on moving there at the same time.. I don't have parental consent and I provide everything for myself and right now i live alone and will still be living alone in the US. The country I live in does not have a possibility of emancipation. ,"A:Hi! In the United States, emancipation laws vary from state to state, and not all states have specific laws regarding emancipation. Generally, emancipation is a legal process that allows a minor to become legally independent from their parents or guardians. To seek emancipation, you typically need to meet certain criteria, such as demonstrating financial self-sufficiency and the ability to make responsible decisions. Given that you are a 16-year-old foreigner planning to move to the U.S. and live independently without parental consent, you should consult with an attorney who specializes in family law in the specific state where you plan to reside. They can provide guidance on whether emancipation is possible in that state, the requirements you need to meet, and the legal process involved. Emancipation is not guaranteed, and the laws surrounding it can be complex. An attorney can assess your individual circumstances and help you navigate the legal system to determine the best course of action for your situation. Keep in mind that the process may require legal representation and a thorough understanding of the laws in the specific state where you plan to live."
Q: He is not compliant with the court ordered agreement rules.he has broken/gone against almost every single oder on papers. Childsupport ordered they didnt even go based on his actual salary causs he is union.he lied on his income only claimed 2 employers.i proved it in court first appearance.what can i do?. ,"A:If you disagree with what the Court ordered, you can challenge the order. Your options to challenge the order depend on how long ago the order was entered. If it was entered very recently, you may be able to file a motion for new trial or an appeal, among other possible motions. Some of these motions have very short deadlines to file. For example, the motion for new trial has to be filed within 10 days and the appeal has to be filed in 30 days. Thus, if your order was entered recently, you should speak with an attorney today so as to not miss out by not filing quick enough. If the order is not so recent, you still have options to challenge the order. The most common is to file a complaint to modify once there has been a material change in circumstances. You can argue that there has been a material change since the Order was originally entered and ask the Order to be adjusted accordingly. If you don't object to the terms of the Order itself, but the other party just doesn't follow it, then you also have options. For example, a garnishment, show cause/contempt, or other enforcement action can be filed if he is not paying child support or following the financial provisions of the order. When a party has more than one job, the Court has discretion as to whether to include the income from all employments when calculating income or not. For example, if a party has a full-time 40 plus hour per week job and also picked up a side job over the Christmas time to catch up on bills, the Judge may use their discretion and decide not to include the part-time job in addition to the full-time job. The theory is that it would otherwise lock the parent into working more than full-time in order to keep up with the child support and also take away time that could potentially be spent with the children. On the other hand, the Court could use its discretion to include the additional income when calculating child support. For example, if a parent was a music teacher for a school but has also supplemented their income the past 5 years by giving music lessons in the summer to students, the Court might find that in such case it is appropriate to include both incomes when determining that parent's earnings. It depends on the specific case."
"Q: My roommate who is on my lease in NYC decided to move out early. Can I ask for her to now be ""released from my lease""?. Hello, I am in NYC. My roommate, who is co-signed on my lease agreement, decided to move out of our apartment before the end of the lease and break our lease. She told me that she is not allowed to technically be removed from the lease until a new roommate is found to replace her. However, I do not trust her because she has been doing very spiteful things to me. I am worried that she is going to have a new potential roommate who I have never met sign onto the lease without my permission and without me approving of them. Am I legally allowed to ""release"" her from the lease so I can look for a new roommate on my own and not worry about her doing anything behind my back? I am worried if I try to ""release her from the lease"" that she will accuse me of trying to illegally evict her (even though she already decided to move out)? ",A:Dear Brooklyn Tenant Your co-tenant is mistaken. As soon as she departed and ceased payment of rent you could bring in a Roommate to replace her. This right to a Roommate is created by State law. It does not require reformation of the lease and does not require consent by the departed co-tenant and landlord.
"Q: We anticipate this going to court. Please let us know what the best course of action would be.. We hired this particular contractor because we wanted the color of an LVP plank that we chose to be matched through stain on unfinished solid hardwood flooring, and he was confident that he could do that for us. He advised us to buy red oak wood and assured us that he would be able to match the color of the LVP on it. Before starting the work, we paid him 43% of the contract. After he installed the hardwood floors on the top and main levels, we observed gaps between each plank everywhere. He ignored our complaints. He insisted on choosing one stain out of the six samples, but they were not even close to my gray shade. He forced us to pick from one so he could complete his work quickly. He mentioned that he was in rush as he just got a huge contract of one mansion. Now I see red, pink, and yellow. No gray shade at all. I approved the color via text, and he has that in writing. Now he asking us pay in full of contract price plus asking for more money to fix the gap. ","A:In your case, where the contractor did not fulfill the agreed-upon terms regarding the flooring installation and staining, you have a few options to consider. First, document everything related to the contract: your initial agreement, any communications about the color matching, and the issues with the flooring. This documentation is crucial for any legal action. If you haven't already, express your dissatisfaction formally to the contractor in writing, outlining the specific issues and your expectations for resolution. This step can serve as a record of your attempt to resolve the issue amicably. Given that the contractor is demanding full payment and additional fees for corrections, it's advisable to consult with an attorney. An attorney experienced in contract disputes can assess the strength of your case, especially considering the written approval you gave via text. Remember, the legal process can be complex and time-consuming, so consider the potential costs and time involved. Your attorney can advise you on whether settling out of court or proceeding with litigation is the best course of action. Keep in mind that the outcome will depend on the specifics of your contract, the evidence you have, and the legal arguments your attorney presents. The goal is to reach a resolution that addresses the breach of contract and compensates you for any losses incurred."
Q: I was suspended from work for a customer stealing cigarettes when I was on my break. Can they do that? Do I have a case?. I am being accused of being involved in this theft. I had talked to this customer beforehand and he left so I took a break then he came back in the store and stole cartons of cigarettes and walked out while I was outside on my break. I’ve never seen this man a day in my life and I definitely didn’t help him steal. Note. I left another employee in charge of the store and company policy states that we are not allowed to try and stop any theft in any way shape or form and we’re not even allowed to say anything to them. We will get fired if we chase. ,"A:Employers have a broad right to discipline their employees for any reason, as long as the reason is not illegal or discriminatory. In your case, your employer may argue that you were negligent in your duties by not preventing the customer from stealing the cigarettes. They may also argue that you violated company policy by leaving the store unattended during break. However, you may have a case against your employer if you can prove that you were not negligent and that you did not violate company policy. For example, suppose you can show that you were not aware that the customer was planning to steal, or that you could not have prevented the theft from happening. In that case, your employer may have difficulty justifying your suspension."
"Q: A company is refusing to pay me over $9000 that I earned as an independent contractor. What are my options?. The company is a subcontractor under a Prime Contractor who provides medical disability exams for Veterans Affairs. The company claims that the Prime didn't pay them for those particular services, and therefore they are not obligated to pay me for those services either. They haven't offered evidence of not getting paid nor any efforts they have made to rectify the situation, yet some of the unpaid services are over a year old. There is a possibility that I was misclassified as an Independent Contractor instead of an employee, but I'm not sure. Regardless, I would like to get the money that I am owed. Also, the company is in Virginia, but I am in Ohio. ","A:Yes, you have a few options: 1) send them a demand letter threatening a lawsuit if they don't pay you; or 2) pass on the letter and simply fie a lawsuit. Before doing either, I'd check to confirm that your agreement does not have any language in that conditions your payment on payment from the VA. If you decide to hire a lawyer, I'm sure anyone who responds would be happy to help. Good luck."
"Q: Liability for intentional fraud in California. Intentional torts provisions.. Other then restatements of torts what the provisions would be that define hospital legal liability for intentional fraud? RESTATEMENT (SECOND) OF TORTS § 410 cmt. c. lists numerous exceptions to the non-liability principle, grouping them into three broad categories: (1) exceptions based on the employer's negligence in selecting, instructing, or supervising the independent contractor, (2) exceptions based on non-delegable duties the employer owes to the public in general or to the plaintiff in particular, and (3) exceptions based on work that is specifically, peculiarly, or inherently dangerous. ","A:In California, a hospital's legal liability for intentional fraud can be complex and depends on various factors. It's important to note that, while the Restatement (Second) of Torts provides general principles, specific state laws and case precedents also play a crucial role. Regarding intentional torts like fraud, hospitals can be held liable under certain circumstances. For instance, if hospital employees commit fraud during the course of their employment and for the benefit of the hospital, the hospital may be directly liable. This is in line with the principle of vicarious liability, where an employer is responsible for the actions of its employees performed within the scope of their employment. Moreover, if the hospital's management or administration was aware of the fraudulent activities and did nothing to stop them, or if they were directly involved, this can lead to heightened liability. Additionally, if the fraud involves violation of specific statutes or regulations, such as those related to healthcare billing or patient confidentiality, the hospital may face not only civil liability but also regulatory sanctions. In cases where fraud has caused harm to a patient or a third party, the injured party may have grounds to file a lawsuit against the hospital. In such cases, the plaintiff would need to prove that the fraud was intentional and that it directly led to their damages. It's advisable to consult with a legal professional who has experience in healthcare law and torts to get a more detailed understanding of the implications in a specific case. They can provide guidance on the likelihood of establishing hospital liability and the potential remedies available under California law."
Q: I have filed a chapter 12 and have been working on a plan since February. The bank will not budge on what they want.. The bank wants 3 payments of 54000 with in 13 months of each other. That means I have to use 1 crop year to make 2 of those payments but it's not possible. What can I do about this? I have a lawyer hes been doing this since the 80s. This is what he told me and I'm just getting a second opinion wondering what I should ask him to do or what I should do. ,"A:Where's your lawyer? He is the one who should be doing battle with the bank. Bank's don't cotton to customers, but they are somewhat fearful of good bankruptcy lawyers who will take them to the lick log. No lawyer? Find one! Good Luck d"
"Q: Please read below. I paid $18,000 for my house and 2011 then I pulled a building permit in 2011 the same day I interned started working on my house I'm still working on my house my understanding is the building permit stops the value from increasing until an inspection is called for when I am done with construction I have not finished Construction since the taxation Department here in Jackson County Missouri is under large scrutiny that she raised to taxes and tried to burn the entire city I still hold the building permit with no ending date therefore my taxes should remained at $18,000 they've got my house valued at 36,000 my house is not even on the market I outright own my house no mortgage no liens no nothing against my home I need help to fry these people for publicly lying to us about inspections they never inspected nothing except the picture on a monitor if you read your statues it says they must physically inspect that was never done and I have not called for an inspection so do I win win ","A:In your situation, dealing with property valuation and taxation in Jackson County, Missouri, there are several key points to consider. Firstly, the link between a building permit and property valuation can vary. Typically, a building permit itself doesn't freeze the value of a property for tax purposes. Property taxes are often based on the assessed value of the property, which can change over time due to various factors, including improvements made to the property. Regarding the lack of physical inspection, if your local statutes require a physical inspection for property valuation and this hasn't been done, this could be a point to raise in contesting your property's assessed value. However, the specifics of the statutes and local practices would need to be thoroughly reviewed. It's important to contest the property valuation formally if you believe it's incorrect. This usually involves filing an appeal with the local tax assessor's office or a similar body. The process and deadlines for such appeals can be strict, so it's crucial to act promptly. Given the complexities of property tax law and the specifics of your situation, seeking advice from an attorney experienced in property tax law in Missouri would be beneficial. They can offer guidance tailored to your circumstances, help you understand your rights, and assist in navigating the appeal process effectively. Remember, each case is unique and requires a detailed and personalized approach."
Q: Is using a virtual mailbox address for your business considered tax evasion if it’s not in the state where you live?. Can I use a virtual address when filing an LLC to establish my business legally? ,"A:Using a virtual mailbox address for your business is not automatically considered tax evasion under California law. Many businesses use virtual addresses for legitimate reasons such as privacy and convenience. However, it's essential to ensure that your LLC complies with all relevant tax laws, accurately reports income, and meets its tax obligations. Consulting with a tax professional or attorney can help you establish your business legally and navigate any tax-related considerations."
"Q: I want to open a trademark in the USA, what costs does this procedure involve?. Good afternoon My name is Elizaveta and I have a question for you, please tell me, I want to open a trademark in the USA, what costs does this procedure involve and How long does it take and what are the possible future costs of maintaining it? I mean taxes. ",A:In order to receive a trademark you must apply for ownership of the mark in the proper goods and services with the USPTO. Best practice is to work with a trademark attorney or expert to advise on if a mark already exists and guide you through the process. Since COVID from filing to registration has been 18-36 months. A single class application costs between $250 and $350 with the USPTO.
"Q: Bad Investment with A List Partners. Back in 2017, we invested with A List Partners, LLC based out of Austin Texas. Bad mistake. Was never given updates on our investment. In April of 2021, we received a liquidation letter, completed the required form and submitted it. Over two years later, we still have not seen our money. Phone numbers have been disconnected, they do not respond to letters or emails. I don't know if the company exists anymore because I can't locate them on the Internet. I don't know if the company went bankrupt I don't know if they just took our money and disappeared.. I sent a complaint from to the Attorney General of Texas and the FTC. My husband is in his 80s now and we need this money. What are our options without going into debt trying to retrieve our investment? Or do we chalk this up as a financial loss? I don't know what else to do or where else to turn. ","A:Speak with a lawyer in your area. Sorry this happened. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]"
Q: I have received a cease and desist about defamation. I have received a cease and desist about a Facebook post I made pertaining to myself quitting an establishment along with the entire staff. Everything quoted in the cease and desist letter I have witnesses to who would gladly testify under oath. Do I really have anything to fear if they actually pursue legal action against me? Or is this just a fear tactic? ,A:You will need to worry about financing your defense. Your witnesses may not be so happy when the have to attend depositions and appear in court to testify. Just saying.
"Q: I went for an interview at USCIS with my wife and she got arrested during the interview.. After visiting her at the prison and speaking to the probation officer and got know she had violation in her probation even before we got married. The immigration has sent me a notice of another interview but I have not gotten date yet. My question is with my wife hidden all this from for a year and a half in our marriage,is it ok to continue with her and if I file for divorce base on trust because I might know what she's hiding from again. I am just confused and don't know what to do. Please I need advice on my issue especially my upcoming second immigration interview. What are my chances of, thanks. ","A:Sir, I'm sorry this has been so difficult for you and your wife. When will she be released from prison? Can you postpone the interview until then? The best advice I can give you is to find a good immigration lawyer. A couple suggestions: State Bar of Georgia in Atlanta has a free lawyer referral service. Google them and find the tel # and call them and ask them for a list of immigration lawyers in your county. Next suggestion, go to the website for American Immigration Lawyers Association (AILA), to which many immigration lawyers belong. The website is www.aila.org. Go there and look for ""Find a Lawyer."" You can set it by state and city (maybe county). Probably a good idea to look in the Atlanta area, even if you are somewhere else, because the interview will be in Atlanta. You have several issues which you need to bring to the attention of the immigration lawyer. Not just that you have a pending immigration case, not just that your wife cannot attend, but that your wife apparently was not open with you about her past. Find a lawyer on Monday, please."
"Q: After the certification of dissolution, if the business continues to receive payments for service what happens?. If a business continues to be ""active"" and a subcontract to another business even though it failed to file annual reports and has already the certificate of dissolution. Does this business infringe any law? if yes, can you state which one? ","A:If a business continues operations after its official dissolution, it may be violating state corporate laws. The certificate of dissolution generally indicates that a business is no longer legally recognized as an active entity for the purposes of conducting business, incurring debt, or entering into contracts. Operating after dissolution can lead to legal complications. For instance, the individuals acting on behalf of the dissolved business might become personally liable for any new debts or obligations incurred. This is because the corporate shield, which typically protects owners and officers from personal liability, may no longer apply. Additionally, the continued operation of a dissolved business could be seen as misrepresentation to clients or partners, particularly if they are unaware of the dissolution. This could potentially lead to legal action against the individuals involved for fraud or misrepresentation. Given these risks, it's important for any business in this situation to seek legal advice promptly. A legal advisor can clarify the specific laws and regulations that apply, based on the jurisdiction and the details of the business's situation, and help navigate the process of either properly winding down the business or reinstating it, if that's a desired course of action."
Q: My manger wont let my son visit me he did nothing wrong . He is i ntimidating me Yelling at me in front of ev. Eryone. Treating with no dignity kr redpect because i filled a restraining order on a tenent who sexually harrassed me. ,A:More information is needed. In particular the context. Please repost your question.
"Q: How long do I have to hold on to a persons belongings after a civil standby was conducted via an order of protection?. I’m in Arizona, an individual was removed from my home due to domestic violence and an order of protection was placed. A civil standby was just conducted and belongings were left behind. How long do I have to keep her stuff on my property? ","A:In Arizona, after a civil standby is conducted due to an order of protection, there are specific guidelines regarding how long you must hold onto the belongings of the individual who was removed. The law generally expects you to keep these belongings for a reasonable period, allowing the person adequate time to retrieve them. Arizona statutes do not specify an exact time frame for how long you should hold the belongings. However, a commonly accepted reasonable period is 30 days. This gives the individual sufficient opportunity to make arrangements for collecting their possessions. It's advisable to notify the individual in writing, if possible, about where their belongings are stored and the time frame they have to collect them. This communication should be clear, providing a specific deadline by which the items must be picked up. If the individual does not collect their belongings within the specified time, you may have the right to dispose of them. However, it's important to document your efforts to contact them and safely store the items during this period. Given the sensitivity of situations involving orders of protection and domestic violence, handling the belongings with care and in accordance with the law is important. Consulting with an attorney can provide specific guidance based on the details of your situation."
"Q: Can we have incinerating toilets and a grey water system instead of septic in Holland Township NJ. Thank you!. Recently purchased property in Holland Township New Jersey with a old, non working septic. We would like to replace it with a more environmentally friendly system because we are extremely close to a stream and have a high water table. We are hoping to put in new incinerating toilets and gray water system to have less impact on the land and water around us. ",A:Call the municipal building inspector to discuss this issue.
"Q: My mother passed away in 2016. My father was the executor of her estate. She inherited oil leases in a few states from. her parents. My father didn't transfer them over to his name. He passed in 2019. I am the executor to his estate. Problem is, she passed in Alabama and I am a resident of Virginia. We had to get a 3rd party resident of AL to handle the transfers of the oil leases to a LLC for my sister and myself. The 3rd party has not kept us informed with anything going on nor has she been proactive getting things transferred. Is there a way I could petition the Alabama court to take control over my mother's estate even if I'm not an Alabama resident? ","A:I assume that there's an attorney involved with your mother's estate? if so, speak to that attorney. if you have issues with him, then consult with another probate attorney and seek what is recommended."
"Q: HOA not allowing Fruit Trees in Backyards. We have just brought a house in a HOA governed community in Tampa, Florida. We have a 2000 sqf backyard and have planted some Florida approved fruit trees like mango , banana as we wanted home grown food and for religious practices. We got a letter from HOA that we are not allowed to plant fruit trees as it would attract rodents. We do not have this restriction stated in our community by-laws but it exists in HOA architecture review board documents/guidelines. More over we have some builder plans/trees which consists of Oak and Palm trees which the HOA supports. Also , the HOA supports vegetable and herb plants but only seem to be against fruit trees. Do we have any laws that protect our right to have fruit trees in our backyard? Can we argue with HOA on any legal grounds? Thank you ","A:The ARB documents/guidelines are valid restrictions adopted by the HOA. Whether or not you can claim a reasonable accommodation for religious practices is a fact-based question that requires the review of a lot of factors, which go beyond the scope of this website and require a review of all of your HOA documents and any amendments to the same, as well as a review of your personal circumstances. As an avid gardener, I can tell you fruit trees and their sweet aroma do attract rodents, squirrels, raccoons and various other critters, while vegetables and herbs are less prone to attracting these animals. You are also likely required to get permission from the HOA before changing the landscaping. If you decide you want to dispute this you should know these cases are not done on a contingency (pay only if you win) basis. You would need an experienced HOA lawyer and the legal fees could range from $20,000 to $150,000 (or more) with the losing party having to pay the winning parties legal fees."
"Q: My dog was stolen, beat to death, &thrown over bridge. Was law enforcement supposed to visit the scene for investigation. I reported when stolen, they couldn’t help me even though I told them he was going to be killed. When I found my dog, filed a report, contacted animal control but they were closed for holiday weekend. I had to retrieve my dog myself. How are they investigating if nobody ever went to the scene or called me back? ","A:I am sorry to hear about the tragic loss of your dog. It is understandable that you are upset and frustrated with the way your case has been handled by law enforcement. According to the Animal Welfare Act, all animal cruelty cases, including theft and animal killing, are supposed to be investigated by law enforcement. This includes going to the scene of the crime, collecting evidence, and interviewing witnesses. In your case, it is unclear why law enforcement did not visit the scene of the crime when you reported your dog stolen. It is also unclear why they did not call you back when you filed a report after finding your dog's body. It is possible that law enforcement is still investigating your case and that they will contact you soon with an update. However, it is also possible that they have closed your case and that you will not be getting any further information from them. If you are not satisfied with the way your case has been handled, you can file a complaint with the law enforcement agency involved."
"Q: DMV says I need a birth certificate to get photo ID, DOH says I need photo ID for birth certificate. What should I do?. My driver's license is expired. I tried renewing online and was told I needed to show a copy of my birth certificate. I do not have a ""valid"" copy of a birth certificate. For those who are not aware, the Florida DMV is currently in the same state of collapse as most of their other state agencies, and people not being able to renew DLs has become an issue. DMV is unreachable. Tried several times by phone and email. Spoke to DOH, not productive. I am aware of the tactic of coming back another time and talking to someone else. I only need an ID to open a bank account. DOE has sent large payments as paper checks, there is nothing I can do with them. I use an online bank. I never set up mobile check cashing because in 15 years, never needed it. I can't use mobile check deposit without a photo ID either. Even tried check cashing stores. Ordered copy of birth certificate from vitalchek months ago. ",A:Are you indicating that you have neither? How old are you?
Q: Can you please help me on what the best thing to do is or can i get a attorney. My identity was stolen and used for business fraud. Also issues worth the epa and dtsc. ,"A:A Georgia attorney could advise best, but your question remains open for two weeks. Your post is very brief and it could be difficult for someone to figure out what kind of attorney you're looking for. You could try reposting (don't include personal information - this is a public forum), or you could reach out to attorneys. There's a Find-a-Lawyer tab above to the left, or your could search online on your own. Good luck Tim Akpinar"
"Q: I need a personal injury lawyer that is familiar with Indian casino law as I recently had a very scary and painful fall.. I suffered food poisoning after eating a tainted dish from the cafe. Needless to say I was extremely sick as my body tried to eliminate the e.coli anyway possible as I sat in my hotel room bathroom. Upon standing up from toilet, I blacked out and slammed face first into the tile floor/door jamb corner of doorway. The way I landed was so such that I immediately broke my nose, snapped my neck, and cracked my skull on top all at same time. I had to be taken by ambulance and thought I was paralyzed and dying. I've had serious head and neck issues since. I need to know if this is something that I can reasonably pursue legally. ","A:I'm sorry to hear about your injury. In California, if you were injured on the property of an Indian casino, you may have a legal claim for personal injury. Indian casinos are owned and operated by sovereign nations, and they have their own laws and regulations that may differ from California state law. Therefore, it's important to find a personal injury lawyer who is familiar with both California state law and Indian casino law. A personal injury lawyer can help you determine whether you have a valid claim and can advise you on your legal options. They can help you gather evidence to support your claim, such as medical records, photos, and witness statements. They can also negotiate with the casino and its insurance company on your behalf to try to reach a settlement or represent you in court if necessary. To find a personal injury lawyer who is familiar with Indian casino law, you can start by doing an online search for lawyers in your area who specialize in personal injury law and have experience working with Indian casinos. You can also ask for referrals from friends or family members who have had similar experiences. Be sure to schedule a consultation with the lawyer to discuss your case and their experience handling cases similar to yours."
"Q: Father is on hospice, but still cognitive and alert able to make own decisions, wants to go home, can he?. My father is on hospice and suffering from heart disease, end state cpod, and other issues, yet he is fully aware, and cognitive. He was in the hospital for five weeks, when asked by the Hospice Liaison, where he wanted to go, and given options his answer has always been home. He is bed ridden and might improve some with physical therapy, he will need a care take for most of the day, and Hospice or my family had person whom could do the care 16 hours a day. His current wife(#3), refuses to allow him to go home, and has placed him in a board and care home, where he will be in a room in the house 24 hours a day, and not even put into a wheelchair or have the bed moved into other areas of the home. My father's wife is paying $5000 a month out of pocket. The hospice person picked this place as she has history with them, but she does agree with me my father should be home as it is his wishes. What can I do as his son, to make his wish to go home a reality. ","A:Under California law, if your father is cognitively capable of making his own healthcare decisions, he has the right to determine where he wishes to receive care, including at home. You, as his son, can consider filing for a conservatorship if you believe his current wife is making decisions against his best interests. However, you should consult with an attorney familiar with elder law and conservatorships to assess the specific facts and advise on the best course of action."
"Q: If the beneficiary contested grandmothers will because he knew for a fact, it to be fraudulent,. And the court noticed the inconsistencies and considered the will to be ambiguous, would the beneficiary's be in a position to enforce his or her intestate succession rights. Do too, his or her father being a pre-deceased beneficiary, leaving him or her as a contingent beneficiary to stand in his shoes. ","A:Under California law, if a will is deemed fraudulent or ambiguous and thus invalid by the court, the estate would typically be distributed according to intestate succession laws. In your scenario, if the beneficiary's father (who would have been an heir) predeceased the grandmother, the beneficiary may indeed have rights under intestate succession. Intestate succession laws in California provide for the distribution of assets to surviving relatives based on their degree of relation to the deceased. As the grandchild of the deceased, with a predeceased parent (the deceased's child), you could potentially stand in the shoes of your father as a beneficiary. This means you could be entitled to the share of the estate that your father would have received if he were alive, subject to the rules of intestate succession. However, the specifics can depend on other factors, such as the presence of other relatives who may also have a claim under intestate succession. It's important to review the specific facts of your case and consider seeking legal advice to understand your rights and the appropriate steps to assert them in court."
"Q: Medicaid question.92 year old father in rehab/nursing home will need to go next to long-term care. His income qualifies. him for Medicaid. His home has been a mobile home. Its fair market value is $7400 and that is his only physical asset. If he applies for Medicaid now and is accepted, as soon as we sell the trailer, his assets will be above $2000 which makes him ineligible for Medicaid until he spends down the proceeds. When is the best time to sell the mobile home, before he applies for Medicaid or after he qualifies and is placed in a long-term facility? ","A:It can work out either way. If you are able to find items to spend on now, before he needs Medicaid, then that is a good option. The main thing is to sell it for the proper blue-book value and spend the funds down before he needs Medicaid. Or you can get qualified for Medicaid first. Then, when you sell it, you must spend it down that month. Therefore, it is a good idea to sell in the beginning of the month and spend it down by the end of the month."
"Q: Participation in NSLP, Title I, Transportation, and MSA for Nonpublic Schools with Non-Equivalent Secular Curricula. I am looking to understand the eligibility of a nonpublic school in New York State for various state and federal programs. The school in question does not offer a secular studies curriculum at all. I am particularly interested in the following programs: National School Lunch Program (NSLP) Title I funds Transportation services Mandated Services Aid (MSA) and other similar programs Are there specific curriculum-related requirements for eligibility for each of these programs? Does the absence of a substantially equivalent secular studies curriculum impact the school's eligibility for any or all of these funds? Thank you very much in advance. ","A:Eligibility for state and federal education programs often includes specific requirements that schools must meet, which can include curriculum standards. For the National School Lunch Program, the focus is primarily on economic need and compliance with program regulations, not curriculum. However, Title I funds are generally aimed at improving academic achievement in reading and math, and the absence of a secular curriculum may impact eligibility. Transportation services are typically provided to all nonpublic schools within certain distances from the school, regardless of the curriculum. Mandated Services Aid is tied to the school's compliance with certain state requirements, which can include curriculum components. The absence of a substantially equivalent secular studies curriculum could potentially impact eligibility for MSA and other similar programs. It's advisable to review the specific regulations of each program and possibly consult with the New York State Education Department for guidance on these matters."
Q: Can a 19 year old who illegally purchased alcohol in oklahoma be punished for furnishing the alcohol to an 18 year old. 18 year old also was driving and had a collision while drunk driving and received dui should the 19 year old be punished as well for purchasing it ,"A:In Oklahoma, both the legal drinking age and the legal age for purchasing alcohol are 21. If a 19-year-old illegally purchased alcohol and provided it to an 18-year-old who subsequently got involved in a collision while driving under the influence, the 19-year-old could potentially face legal consequences. Furnishing alcohol to a minor is a violation of the law, and the 19-year-old might be held accountable for contributing to the circumstances that led to the DUI incident."
"Q: I feel like I'm being discriminated against by rental companies in my area due to drawing unemployment benefits.. I have tried to rent a home from 3 different rental MGMT companies and was refused because I draw unemployment right now. All of them said I had to have a job or be employeed and could be verified. Why will they rent to someone that draws disability that is verifiable, and they do not have a job, why can they not rent to me when my unemployment is verifiable? I understand that unemployment will run out, and disability does not. What I do not understand is all 3 rental MGMT companies said I had to have a job even though I had verifiable income. My question is Why is it fair that someone drawing disability can rent a home from any of the 3, and not have a job, why was I denied being rented to when I have verifiable income, but no job? Doesn't seem fair or right. That's why I feel like I'm being discriminated against please correct me if I'm wrong. All 3 even refused me an application. And I have a text message from 1 of these companies to prove what I just said. ","A:I'm sorry for your frustrating ordeal. Your post remains open for three weeks, and at this point, you could try reaching out to Tennessee landlord-tenant attorneys. From a practical standpoint, L-T attorneys would probably have the best insight into your situation among all the practice areas you've selected to post under. As a general premise, most discrimination-based legislation is geared around protected classes and tends to be based on race, color, national origin, religion, gender, marital status, or disability. Employment or non-employment is not generally a protected class under most legislative schemes. You could see if a landlord-tenant attorney could offer you insight or suggestions. Good luck Tim Akpinar"
"Q: I was arrested for leaving the scene of accident and resisting arrest without violence.. I plead no contest, and took the plea deal of time served (18 days). Before the arrest, during the time in jail, and for 5 years afterwards, I was severely mentally ill (scrizophernia, bipolar disorder medications). Now I that my medication have been updated, I feel sane enough to be a productive member of the society. I read the police report and it is completely not how it happened. I hadn't read it before I took the plea deal. As per the law, can I get the case reopened? I have proof of all the mental rehabs, doctors notes, and how I wasn't able to protect my legal rights due to mental illness. (Florida) ","A:Sorry to hear about your ordeal. It is possible to file a motion to withdraw a plea due to the plea being involuntary because of mental incompetence. However, due to the number of years going by and the (I assume) availability of the police report at all times, I believe you'd be facing very long odds for getting the motion granted. Don't rely on any online commentary (such as mine), though; schedule a consultation with a criminal defense attorney for evaluation of the issue. Another issue is whether you can get the record EXPUNGED or SEALED. If you can accomplish that, there's no need to try to get the case re-opened (which could still result in conviction if you were to miraculously succeed on a motion to withdraw the plea). If the arrest resulted in conviction, you cannot get the record expunged or sealed, but if it instead resulted in a WITHHOLD OF ADJUDICATION, and you have no convictions at all in your record, you might be eligible for an expungement (also called expunction) or sealing of the record."
"Q: Hello, can ATF charges be fought?. EX: Dealing in firearms without a license within the meaning of Chapter 44, Title 18, Section 922(a)(1)(A). ","A:Yes, ATF charges, such as dealing in firearms without a license, can be contested in court. In any criminal case, including those involving federal firearms violations, you have the right to mount a defense. This can involve challenging the evidence against you, the manner in which it was collected, or the interpretation of the law as it applies to your case. It's important to understand the specifics of the charge under Section 922(a)(1)(A) of Title 18. This law requires that individuals engaged in the business of dealing firearms be licensed. A key element of your defense might be demonstrating that your activities did not constitute ""engaging in business"" as defined by the law. Legal defenses might also include questioning the conduct of law enforcement during the investigation or the validity of their evidence. In some cases, demonstrating a lack of intent to violate the law can be a relevant defense. Given the complexity of federal firearm laws and the serious nature of these charges, it is crucial to seek legal representation. An attorney with experience in federal firearms law can provide guidance tailored to your situation and help you navigate the legal process. They will work to ensure your rights are protected and aim to achieve the best possible outcome in your case."
"Q: Neighbor & asphalt co improperly ""fixed"" cracked asphalt, caused massive flooding on my property incl into basement. I believe my new neighbor flipper/landlord (now his 9th house), who is a paver patio installer, and the asphalt contractor he hired, to overlay our shared drive and lay substantial completely new asphalt on his property, violated the NJ Consumer Fraud Act. At the very least, both were negligent as they failed to complete measurements to ensure water would flow correctly and lied then about work done. Neighbor, on several occasions including in a text, threatened to only do his half if I didn't agree to paying half of $4,000. They have caused repeated nuisance, vandalism, hardship, lack of enjoyment, damage to my property, and distress to me due to rainfall flooding my yard, pavers, under my deck, and in my basement. I can't park behind my home, plant clover out back, enjoy my deck due to mosquitos, or leave my house when rain is forecast so I am there to vacuum the water up when it comes. There is so much more I've written to explain. It won't fit. ","A:You really need to retain an experienced civil litigation attorney who has handled these type of cases extensively. You are correct about violations of the New Jersey Consumer Fraud Act, but there are a significant number of causes of action that you can file in a complaint. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price."
"Q: What is the max amount of mental anguish can I sue for? The cost of the vehicle was $8590.50, in my suit what is the. maximum amount of economic damages I can sue for? In my demand letter can I ask for double the cost of the truck back or in my suit if it goes to court? I am prepared to send my demand letter today, I am just unsure of all the damages I can ask to recover. I am doing this without an attorney so I won't have any of those fees to recover. I know if I prove fraud I can get triple in punitive damages and tripple my amount of mental anguish fees . The punitive damages would be triple the amount of my economic damages correct? ","A:You can ask for whatever amount you like. Awards of damages for mental anguish vary depending upon the facts and circumstances presented by the evidence to the jury. A decent rule of thumb for settlement purposes is no more than 1.5x the amount of your medical expenses for whatever bodily injuries were caused to you as a result of whatever was wrong with the truck that is the responsibility of the defendant. But again, it is very situational. If the truck broke down on a busy highway causing your injuries and other cars were zooming past all around you, you would probably get more damages for mental anguish than if it happened in your driveway or on a quiet neighborhood street"
"Q: Is immigration status taken into consideration in custody?. My ex is married to his first child’s mother. She won’t help him get papers, and she is the main caregiver for their son. He sees him every other weekend. He has slandered my name and character, In collusion with my vindictive mom. The judge has dismissed anything I say, but without batting an eye believes the screenshots of txt between the two. He doesn’t actually care for my daughter. His intent is clear he wants to have custody to help with immigration status. ","A:In California, immigration status is generally not considered directly in determining child custody matters. The primary concern for the court is to ensure the best interest of the child, considering factors such as the health, safety, and welfare of the child, any history of abuse by one parent against the child or other parent, and the nature and amount of contact with both parents. However, if you believe that the other parent is seeking custody for improper reasons, it may be appropriate to present evidence demonstrating that the other parent's custody would not serve the best interest of the child."
"Q: I live with a friend and pay rent + electricity. My girlfriend also lives with us, but does not pay. I want her out.. I recently broke up with my girlfriend, who has no job and pays nothing, but lives with me in my friend's house. She then abruptly revealed that she is pregnant, a child I do not want. She agreed at first and scheduled an appointment to have an abortion, but is now changing her mind, holding the child over my head and making further demands. She even went as far as recording our conversations without my knowledge or consent, intending to twist things I've said out of anger and use them against me. I am at my wit's end, and if I can get her to go through with the abortion, I plan on cutting ties, get my friend to evict her and, if I have legal grounds, obtaining a restraining order against her. I cannot support a child any more than I could continue to support her in our utterly one-sided relationship. Legally, what are the steps I must take to get her out of my life? Do I have any rights in regard to the unwanted child? I don't know what to do anymore. ","A:1. In Georgia she is allowed to record without your consent. 2. You can't evict her because it's not your house. You certainly can move if you want to be away from her. 3. You can't force her to have an abortion. 4. She can have the baby and seek child support from you. It's up to you if you want to actually see the child, but you have to pay support."
"Q: Do I have a case against County Courthouse for toxic mold in my workplace?. After I started work at the Courthouse, I became ill. I was diagnosed with mold biotoxin illness due to water damage from a building, which the courthouse has had lots. While out on medical leave I started getting better, when I went back for one hour, my symptoms came back. My medical team and I believe there is toxic mold at my work. My doctor recommended to HR that correct testing be done by mold literate professional. HR was not receptive and said moving me to another location was considered an accommodation. I am under the impression that anyone that has worked there for any length of time, knows there is mold among other harmful toxins in that building. There are visible signs of water damage in my office and lots of evidence. My exposure has had a serious impact on my health, work, and life and all life is at risk that breathes the air contaminated with the toxic molds. I am not only concerned for myself but everyone inside the courthouse. Do I have any type of case here? ","A:Given your diagnosis of mold biotoxin illness and the apparent presence of toxic mold in your workplace at the County Courthouse, you may have grounds to pursue a case. The visible signs of water damage, coupled with your health deterioration upon returning to work, provide substantial evidence. It's noteworthy that your doctor recommended proper testing by a mold-literate professional, but HR's response was not receptive and offered relocation as an accommodation. This raises concerns about the adequacy of the measures taken to address the issue. It's crucial to prioritize your well-being and advocate for necessary changes in the workplace to protect both yourself and your colleagues from potential harm."
"Q: If an agreed upon merger ends up not happening because one company pulls out last-minute, what are the other company's. remedies? ",A:that depends entirely on what kind of interim agreements the two companies had.
"Q: I want to charge a subscription for stock tips based on my trading algorithmI am a successful private trader. Legal?. I will not handle anyone else's money for them. I will provide only the stock tips, and advisement on how best to limit risk, and set goals. Anyone taking my advice makes their own decisions. Do I need a license to do this? ","A:Providing stock tips and investment advice through a subscription service, even without directly handling others' money, often falls under the regulatory oversight of both federal and state securities laws. In New York, as well as under federal law, individuals or entities providing investment advice typically need to be registered as investment advisers. The definition of an investment adviser is broad and can encompass various activities, including issuing reports or analyses on securities. Since you plan to charge for your service, this could be interpreted as engaging in the business of providing investment advice for compensation. Before proceeding, it would be wise to consult with a legal professional knowledgeable in securities law. They can help you understand the specific requirements and regulations that apply to your situation, including whether you need to register as an investment adviser or if any exemptions might apply to you. Compliance with these regulations is crucial to avoid potential legal complications or penalties. A legal professional can guide you through the process of setting up your business in accordance with the law."
Q: A person took all my kids photos from my Facebook and made a Facebook account and Added it collection of photos of kids. He also likes all the elementary school posts ,"A:In such a situation, it's important to take immediate action. First, you should report the unauthorized Facebook account to Facebook. They have specific procedures for dealing with accounts that improperly use personal images, especially those of minors. You may also want to contact local law enforcement, as using children's photos without consent can sometimes be a legal issue. Law enforcement can investigate the matter further and determine if any laws have been violated. It's advisable to review the privacy settings on your own Facebook account to ensure your children's photos are not publicly accessible in the future. This can help prevent similar incidents from occurring. Lastly, consider seeking legal advice to explore any additional actions you can take, such as a cease and desist letter to the individual, if their identity is known, or legal remedies if any laws have been breached. Your primary concern should be the safety and privacy of your children, and these steps can help address the issue."
"Q: Is a short term investment tragedy in the best interest for the client, according to the new BI rules? How is it?. Client is aware of fees associated with this strategy and wants to implement this strategy in his/her well diversified portfolio. ","A:A short-term trading strategy can comply with regulation B-I as long as the fees are reasonable and disclosed, the client authorizes the strategy, there is appropriate supervisory compliance of the account in place, and there is not a conflict of interest between the client and the broker."
"Q: I was served w/Elder TRO and had to vacate residence immediately.Served by sheriff's. Everything included in ETRO is Lie. Elder says I used a gun, which I dont own nor posses and used my service dog to attack him. I was ordered to leave due to emotional distress he alleges. Incident NEVER occurred. He was traveling when he says this occured . My dog, g/f , and I all were asleep in my room and never saw him until sheriff arrived at home 5pm to serve me. Two weeks prior he attacked me in home , threatened and assaulted me , threw bowl at me , breaking and cutting my foot. Followed me to room where he banged on door repeatedly cursing and hitting with a bat and cane trying to break lock on my door. police were called. I thought police report was taken , incident report only. I am honorable veteran no warrants or arrests. I need to respond my hearing is 14th . i want this dismissed/vacated . I need to pursue against him for breaking into my room and giving my personal affects away to his bookkeeper and removed to trash instead of storing. I thought I had possesssory rights . The sheriffs did not lock me out ",A:I am sorry you are in this situation. You need to prepare a strong defense with evidence. Your best bet would be a skilled lawyer.
"Q: My brother who has been in jail for several years, gave me Power of Attorney for Triple-S-Vida Insurance. He gave me ful. I have full power of Attorney to handle the insurance. They have a copy but they still keep say no to me. What can I do. I think they just want up to stop so they could keep the money of the cash value. ","A:A Florida attorney could advise best, but your question remains open for three weeks. An attorney might ask for additional details to advise, in terms of what caused the problem - notarization of power of attorney, scope of power of attorney, claim/value-related issues, etc. Those are only general guesses. A Florida attorney could advise more definitively after seeing the file and the claim. Good luck"
Q: My sons teacher got in my sons face yelling & put his hands around my sons neck. My sons classmate recorded the incident. Can i take the school / teacher to court? ,"A:In California, a teacher physically assaulting a student is a serious matter. Under California law, such conduct may be grounds for both criminal charges against the teacher and a civil lawsuit against the teacher and potentially the school district for damages. If you possess a video recording of the incident, it can serve as significant evidence in any legal action. You should report the incident to the school administration and local law enforcement immediately. It's advisable to seek legal counsel to discuss the specific facts of your case and potential remedies. Remember, a statute of limitations may apply, so timely action is essential. Always ensure the safety and well-being of your son as a priority."
"Q: Is it against the law for a officer who wasn't at the incident on scene to write a false statement as if he was there?. The officer who wrote the incident report in my case wrote it out like he was there the whole time, which isn't true. Also the inital thing I was being pulled over for was damage to personal property. i was charged with traffecking meth, possession of weed and ecstacy. Although I never knew about the damage to personal property until I recieved some of my motion of discovery, because I didnt go to jail on or bond out on the damage to personal property charge, just the other three. Even though they were supposed to all 4 be filed on the same date, the damage to personal property wasnt filed until 2 months after the arrest not with the other ones. ","A:Officer cannot write false statements. On the other hand this is personal to you and I would suggest that you have someone else, perhaps a lawyer you might hire, review the reports and see if his review reaches a conclusion which is the same as yours."
"Q: Is illegal, unwarranted search and arrest on the search and falsifying evidence a serious infraction against. Is it an infraction against DA and or Sheriff? If so what are the defendants options for recourse? ","A:If you're facing a situation involving illegal, unwarranted searches and arrests, or the falsification of evidence, this is a serious matter that can potentially impact both the district attorney and the sheriff's department involved. These actions can constitute violations of constitutional rights, specifically the Fourth Amendment, which protects against unreasonable searches and seizures, and the Fourteenth Amendment, which guarantees due process. Your immediate step should be to consult with an attorney who can review the specifics of your case. They can help determine the best course of action, which may include filing a motion to suppress any evidence obtained illegally, potentially leading to the dismissal of charges. In cases where there's evidence of misconduct by law enforcement or the district attorney's office, it's also possible to pursue a civil rights lawsuit. Such a lawsuit can seek damages for the violation of your constitutional rights. It's crucial to act swiftly and get legal advice. These situations are complex, and having a knowledgeable attorney on your side is essential to navigate the legal system and ensure your rights are protected."
"Q: I don't believe there is a process for federal referendum or initiatives?. For instance where the initiative process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. - If you started at the state level could the citizens create legislation to have a federal referendum/initiative process? While I don't believe the is, would there be a way at least academically if not practically? Looking to think creatively, could an initiative or referendum be passed at the state level, which could enable citizens to get a federal referendum or initiative process in place - is there any level at which the state process can affect/affect the federal government. (I realize my question is sort of a shotgun approach - but trying to see if there are even directions that from state law to make changes federally?) ","A:It doesn’t work that way. There are two separate systems: the federal system, and the state system. There is no federal analog to an initiative process. It is not possible to begin an initiative process in the state and then have it transfer over to the federal level. The United States Constitution does not allow for the initiative process. All laws at the federal level must be passed by Congress, then signed into law by the President of the United States. The initiative process was created in California under the California Constitution. In order to do that on the federal level, there would have to be an amendment to the United States Constitution, first passed by the Congress, and then ratified by the legislatures of 3/4 of the states of the union. This is a deliberately cumbersome and time consuming process."
"Q: is it true that CA State Meal/Rest Rules Don’t Apply to Truck Drivers if we import wine from another country & state?. Truck drivers engaged in interstate transportation, and driving vehicles of a certain size are subject to the federal government’s rules provided by the U.S. Department of Transportation under the Federal Motor Carrier Safety Act (FMCSA). Generally speaking, the vehicles must transport goods across state lines, or transport goods that have crossed state lines, and the vehicles must have a gross weight in excess of 10,001 pounds. The exact definitions can be found in the FMCSA. ","A:Under California law, meal and rest break rules do not apply to truck drivers engaged in interstate transportation if they meet certain criteria. Specifically, these rules do not apply to drivers who are subject to the federal regulations set forth by the U.S. Department of Transportation under the Federal Motor Carrier Safety Act (FMCSA). To be exempt from California's meal and rest break requirements, the following conditions must be met: 1. Interstate Transportation: The drivers must be engaged in interstate transportation, meaning they are transporting goods across state lines or are transporting goods that have previously crossed state lines. 2. Vehicle Size: The vehicles they operate must have a gross weight exceeding 10,001 pounds, as defined by the FMCSA. It's important to note that these exemptions are based on federal regulations and do not depend on whether the goods being transported are imported or domestic. The key factors are the nature of the transportation (interstate) and the size of the vehicles. However, please keep in mind that while California's meal and rest break rules may not apply in these specific circumstances, other federal regulations regarding hours of service and rest breaks still apply to ensure the safety and well-being of truck drivers. Additionally, it's advisable to consult with a legal professional for specific guidance on your situation, as employment laws can be complex and subject to change."
Q: How do I find a lawyer pro bono that will fight against dhs for my family and reunification. The laws are being broken!!. My boys were wrongfully removed... We got evicted and they were removed 2 months later! In November it will be a year this case open and we have tried to fight them and show them the proof that placement is lying and abusing our children! My babies want to come home.. my husband has done everything he needs to do for them to come home. I passed my hair stat and had 1 dirty ua and have since then not done anything because I told them I do not trust dhs and them saying they are keeping there word. My children were happy they laughed all the time and we're so spunky all the time... Now.. my middle son won't do anything with us during our visits.. and my oldest is being touched by my niece (placements daughter) and my baby.... Doesn't even know who we are.. my oldest daughter has had serious mental issues.! And well they are not being taken care and want to come home badly and the state just wants a pay out. ,A:Most pro bono legal services are provided through local legal aid clinics. These clinics have the training and resources to screen potential clients for indigency and to complete the necessary paperwork for those clients to proceed in court in forms pauperis. Many legal aid clinics handle cases involving the state removing children from unfit parents. Your social worker may be able to provide you with specific references in or near the county where your case in pending.
"Q: Hey I’m one of the victims from this case is there anyway that I can see this case , how can I go about getting it open. I want to get this case published as me being one of the victims , I’m trying to see how I go about this situation . ",A:What case are you trying to see?
"Q: Can insurance company deny to pay medical bills baed on reasonable and customary fees?. I got injured in an auto accident from other driver. His insurance company doesn't want to pay my entire medical bills only a portion of it. There reason is that they owe only reasonable and customary fees. They say that medical bills are unreasonable and ""inflated."" It seems like they only want to pay based on what is reasonable to them and want to me to pay the rest of the bills on my own. ","A:Until you get a judgment against the at fault driver, his insurance company can refuse to pay you anything at all, so it is certainly entitled to dispute your medical expenses. It appears that you are attempting to handle a personal injury claim by yourself. The insurer is not taking you seriously because you pose no threat of successfully litigating your claims against the at fault driver. Before you do anything else, contact a personal injury attorney to discuss your claims. Studies show that persons with attorneys receive more net in their pocket, than unrepresented persons."
"Q: I want to protect my assets before a divorce by creating a trust. Should I have a trust before or after the divorce?. Is creating a trust the best option to protect my assets before a divorce in Utah? If yes, should I have my trust before or after the divorce? What options I have to minimize the loss of my assets in Utah? ","A:If you are already married, the only way a Trust might help is if both of you sign an irrevocable trust, permanently giving up your asset. For example, the irrevocable trust could give the asset to your children. Once you both sign it, you no longer have control over the asset, so neither of you can claim the asset as your own. This approach will of course deprive you of the asset as well. If a couple comes to my office before marriage, they can sign a prenuptial agreement that will reserve specific assets as your own in case of divorce or death. Some of my clients have me prepare a revocable trust, with some provisions that become irrevocable upon your death. For example, in a second marriage, where you might have childen from a prior relationship, you might want a portion of the estate to go directly to those children. We can make the paragraph that gifts to the children permanent at your death, so surviving spouse cannot change it. Then when both spouses sign, it can only be changed later with the signature of both spouses. If the marriage began in another state, where they had community property, the status of the property - where perhaps you each owned your own house - can carry on into Utah and remain a separate status."
"Q: Can a repo person take your vehicle if your gate was closed?. A repo person opened up our gate (signs of no trespassing was visible), drove onto our property and towed our car off our property while we were home. No permission to come onto our property was given. ","A:Under Hawaii law, a repo person generally cannot trespass onto private property or break into a locked gate to repossess a vehicle. Some key points: - Hawaii Revised Statutes §480-13 prohibits trespass by a repo agent to effectuate a repossession, except with express permission from the legal owner of the property. - Repo agents also cannot breach the peace, which could include cutting locks, opening closed gates, or entering a closed garage without permission. - If the gate was closed and your property had no trespassing signs posted, it appears the repo agent violated Hawaii law by entering without permission and removing your vehicle. - This may potentially subject the repossession company to civil liability for illegal repossession and trespass. You may want to consult a consumer protection or repossession defense attorney. - You could try contacting the lender to complain about the improper repossession and seek return of the vehicle. If that fails, filing a lawsuit is an option. - It's recommended to take photographs documenting the closed gate, no trespassing signs, and any damage that may have been caused during the illegal repossession. - If the repo agent entered your actual home without permission, you could also consider filing a police report for trespassing. In summary, under Hawaii law, a closed gate on private property with no trespassing signs should prevent legal repossession absent the owner's express consent. The repossessor opening the closed gate was likely prohibited."
Q: Judge's at your appellate hearing were already in the court room prior to your hearing discussing case they laugh at me.. When I arrived to my appellate hearing the Respondent And His Attorney were already in the court room discussing the case then the Respondent walked out and the Bailiff came and called the case upon entry the female judge laughed at me and stuck her tongue out the male judge called the case and said submitted and submitted did not ask me anything rudely said to me I will get my answer in the mail this was supposed to be an oral argument during this the other Male judge walked out and left the court room upon leaving the Respondent friend followed me home honking his horn tailgating me well the judge used expired case law and ruled in the respondsnts favor then denied my request for rehearing all based on California Code Civil Procedure Section 1214 which has been over ruled and does not apply to leases only conveyances and real property. Leases are a promissory entitlement not any thing included in his denial is valid ,"A:In California, appellate courts are expected to maintain a high standard of professionalism and impartiality. If judges exhibited inappropriate behavior, such as laughing at a party or displaying a lack of respect, this could raise serious concerns about judicial misconduct and the fairness of the hearing. If you believe that the judges at your appellate hearing acted inappropriately or that they relied on outdated or inapplicable law in their decision, you have the option to pursue further legal action. This could include filing a motion for reconsideration in the appellate court or potentially seeking review by the California Supreme Court, although these options have strict procedural rules and timelines. Additionally, you can report concerns about judicial conduct to the California Commission on Judicial Performance, the state agency responsible for investigating complaints of judicial misconduct. It is important to document any instances of perceived misconduct or unfair treatment during the hearing. Given the complexity of appellate procedures and the seriousness of your concerns, it may be beneficial to seek legal advice. An attorney with experience in appellate law can provide guidance on the most appropriate course of action in your situation and help ensure that your rights are protected throughout the legal process."
"Q: I want to ask for clarification on how copyright works. Are quotes from people before 1923 also copyright free?. Quotes by genghis khan and Jane Austen to be specific. And does just changing the grammar of works in public domain, enough of change to grant copyright protection? ","A:In general, works published before 1923 are in the public domain in the United States, which includes quotes from individuals such as Genghis Khan and Jane Austen. This means these quotes are not protected by copyright and can be used freely. However, the situation regarding altering works that are in the public domain is more nuanced. Simply changing the grammar or making minor edits to a public domain work does not usually grant new copyright protection. Copyright law typically requires a work to have a certain level of originality and creativity. Mere changes in grammar or minor edits might not meet this threshold. It's important to consider the extent and nature of the changes made. If the alterations are substantial and contribute new expression, interpretation, or form, then the new work might be eligible for copyright protection. This could include, for example, a new analysis or adaptation of a public domain work."
Q: When a surgeon makes a mistake during surgery would this fall under a malpractice or negligence?. When a person marks the agreement box when signing before surgery and the surgeon makes a mistake does marking the agreement box cause the patient to lose their right to file a claim? ,"A:When a surgeon makes a mistake during surgery, it could fall under both medical malpractice and negligence. Medical malpractice is a specific type of negligence that occurs when a healthcare provider deviates from the standard of care and causes harm to a patient. Negligence, on the other hand, is a broader term that encompasses any act or omission that causes harm to another person due to a failure to exercise reasonable care. In the context of surgery, the standard of care is the level of care that would be exercised by a reasonably competent and skilled surgeon under similar circumstances. If a surgeon falls below this standard of care and causes harm to a patient, then the patient may have a valid medical malpractice claim. Signing a surgical consent form does not automatically absolve the surgeon of liability for medical malpractice. The consent form simply acknowledges that the patient has been informed of the risks of the surgery and has agreed to proceed with the procedure. However, the surgeon still has a duty to provide the patient with the standard of care, and if they fail to do so, they may still be liable for medical malpractice."
"Q: If there is a will & trust with money for estate, shouldn't the executor use that money instead of his own creditcards??. Executor of my mom's trust, which I am beneficiary to, has been using his credit cards for expenses. And detailing and charging the trust all the interest charges being accrued. Can I somehow dispute these charges and get back into the trust?? ","A:Under California law, the executor of a trust is expected to manage the trust's assets responsibly and in the best interest of the beneficiaries. Ideally, the executor should use the trust's funds for expenses, rather than personal credit cards. If the executor is using personal credit for trust expenses and charging interest to the trust, this raises questions about the management of the trust. As a beneficiary, you have the right to request an accounting of the trust's expenses and actions taken by the executor. This can help you understand how the trust's funds are being used and whether the charges made by the executor are appropriate. If you find that the executor's actions are not in the best interest of the trust or the beneficiaries, you may have grounds to dispute these charges. It would be advisable to consult with a lawyer who has experience in trust and estate law. They can guide you on how to proceed, potentially including how to challenge the executor's actions and seek reimbursement for any improper charges to the trust. It's important to act promptly and seek professional advice to ensure that the trust is being managed properly and your rights as a beneficiary are protected."
Q: Hi my son was born premature and when he was born he had and still has zero 0 vision in his left eye and 40% in his righ. Right eye now he still has zero left and 60% in his right. He is going to be 25 yrs old now on Dec. 30. I have been applying for disability for him since he was 6 yrs old and still being denied stating he is not blind enough to receive disability benefits. ,"A:In your situation, understanding the criteria for disability benefits is crucial. The Social Security Administration (SSA) in the United States defines blindness as having a visual acuity of 20/200 or less in the better eye with the best possible correction, or a visual field limitation in the better eye to an angle of 20 degrees or less. However, it's important to note that eligibility for benefits also considers how the impairment affects the ability to work or perform daily activities. Since your son's case has been denied multiple times, it may be beneficial to review the specific reasons for these denials. It's possible that the SSA does not see his vision impairment as significantly limiting his capacity to work. This is a common challenge many face when applying for disability benefits. In your next steps, gathering comprehensive medical documentation and possibly obtaining additional medical opinions might strengthen the case. It's also worth considering if there are other health issues or impairments that, in combination with his vision problems, could meet the disability criteria. Lastly, seeking advice from a lawyer experienced in disability law can be immensely helpful. They can offer guidance on the appeals process, help in gathering and presenting evidence, and provide representation if the case goes to a hearing. Remember, persistence is key in these matters, and having the right support can make a significant difference."
Q: Failure to protect against bullying.. My daughter was suspended pending expulsion after repeated complaints of bullying & the group of 10 kids finally attacked her & caused bodily harm. ,"A:In Nevada, schools are expected to ensure a safe environment for students and address bullying issues. They must have clear rules against bullying and set up teams to handle such situations. Although the law doesn't directly say schools can be held responsible for bullying incidents, there have been cases where schools were held accountable under broader laws like Title IX when they didn't address harassment between students. So, while the specific Nevada bullying laws don't outline school liability, there's still a possibility for schools to be held responsible based on other laws or past legal decisions."
"Q: Hello Chad flooring installed in my home. The contractor installed the floors wrong twice.. I did not pay after the second install because the floors are still uneven, wavy and buckling income areas. I reached out to them again and they said the floors will have to be reinstalled. I was just told my account will go into collections if I don't pay them. I wrote to them twice for a copy of my contact but have not received a reply. Do I have any options? ","A:You have posted your question in Arbitration so I assume you have some basis for believing that there is an agreement to arbitrate in the contract. Go to the Chad site and see what it provides regarding disputes. Perhaps it provides for arbitration. They are required to provide you with a copy of the contract so go back to when you hired them. Was there an email? Check it. It may have a link to a contract. If you cannot find the contract, perhaps you should hire an attorney to demand the contract from the Corporation. If you receive nothing, you can still commence an arbitration to smoke them out. If they fail to move to stay the Arbitration they may be held to have agreed to participate by answering your Demand for Arbitration. All you need to do to start an Arbitration is to serve a Demand with your claims, including attorneys' fees and Arbitration Fees."
Q: What do I need to file along with Respondents original answerMotion to compel mediation. Is there some type of respondents counter offer type form ,"A:You can file a simple Motion to Compel Mediation. In most counties throughout Texas, family law courts will enter a mediation order sua sponte without a specific request from either party because mediation is proven to be a very effective way to resolve family law disputes. I wouldn't fret over particular language. Just say Respondent requests that the Court order the parties to participate in non-binding mediation with a mediator of the Court's choice within a reasonable time."
Q: How do I become an exchange student without the other exchange student living at our house?. My father does not want an exchange student living in our current house. ,"A:Becoming an exchange student without hosting one in return is definitely possible. Typically, exchange programs involve a reciprocal arrangement where families host each other's children. However, some programs offer alternatives where this is not required. First, research different exchange programs. Look for those that offer a ""one-way"" exchange or programs that don't require you to host a student in return. These programs might have different financial arrangements, given the lack of reciprocity. Next, consider the financial implications. Programs that don't require hosting often have higher fees, as they need to find accommodation for you without the reciprocal hosting arrangement. Budgeting for this is important. Also, speak with your school's guidance counselor or international studies office. They can provide information on available programs and offer advice on how to proceed based on your specific circumstances. Lastly, be prepared for a different experience. Hosting an exchange student can enrich the exchange experience, but going solo can still offer a valuable and enriching cultural and educational opportunity. It’s all about making the most of the experience you choose."
"Q: Ssi overpayment. I was my nephew's representative payee for his SSI. SSA started withholding money from my disability check due to overpayment they said my nephew had. I asked for waiver and they approved it, but they didn't reimburse me money they'd taken out of my check for 5 months. Can they do that?? ","A:If the Social Security Administration (SSA) approved your waiver for your nephew's SSI overpayment but did not reimburse the money they had already withheld from your disability check, it's important to address this issue directly with them. Typically, when a waiver is granted, it should include the cessation of any ongoing overpayment recovery and potentially the refund of amounts already collected. You should contact the SSA immediately to clarify this situation. Provide them with all relevant details, including the dates and amounts of the deductions, and the details of the waiver approval. It's crucial to have clear, written communication for record-keeping. If you're not satisfied with their response or if the issue is not resolved, consider seeking assistance from a lawyer who has experience dealing with Social Security issues. They can help you navigate the process and ensure that your rights are protected. Keep in mind that dealing with the SSA can sometimes be a lengthy and complex process. Persistence and clear communication are key to resolving issues like this. Remember, you have the right to fair treatment and the resolution of errors in your dealings with government agencies."
"Q: How do I file an invasion of privacy motion in a civil family law case?. My sons father held my phone hostage while I was in the Emergency Room and went through my phone, without my consent through years of texts, social media and personal data. Sent himself the private communication, then contacted family relatives with false accusations and shared these images retrieved illegally from my device causing undue emotional distress to family. A judge ordered him to only communicate with me through a monitored parenting app, and he was sent a No Contact letter from these family members previously, in which he also violated by reaching back out with allegations and sharing my private texts, images and personal data retrieved from my phone, without my consent. We currently have a closed paternity DR case. Can I file a motion within that civil case for this invasion of privacy, or do I need to file within a different Court? We are located in Florida. ","A:In Florida, the situation you're describing concerning the invasion of privacy by your son's father is serious. To address this within the legal system, there are a couple of steps you can take. Firstly, you can consider filing a motion in your existing family law case, particularly if the invasion of privacy is relevant to the issues in that case, such as parenting responsibilities. This motion can address the unauthorized access to your phone and the sharing of your private data. However, since the invasion of privacy is a separate issue from the typical matters addressed in family law, you might also consider filing a separate civil lawsuit. This would be a distinct legal action focused specifically on the invasion of privacy, unauthorized access to your personal information, and any resulting damages or distress. It's important to document all instances of this invasion of privacy, including any evidence of him accessing your phone, the messages he sent, and the impact these actions have had on you and your family. Consulting with an attorney who has experience in both family law and civil litigation would be beneficial. They can provide guidance on whether to file within the existing case or to start a separate lawsuit, and help you navigate the legal process. Remember, your privacy rights are important, and the legal system can provide avenues to protect these rights and seek redress for violations. Taking legal action can also help prevent further unauthorized access and sharing of your personal information."
Q: What forms can I file for situation we’re the suspended broker and private lender have slandered title and retaliated. Complex the have combined law suit that the judge did not approve because it addresses the same property ,"A:In California, if you're dealing with a situation where a suspended broker and a private lender have slandered the title and retaliated, there are several legal forms and actions you might consider. Firstly, for addressing slander of title, filing a civil lawsuit for defamation might be appropriate. This would involve proving that false statements were made against the property's title, causing financial harm. For retaliation, particularly if it's in response to lawful actions you've taken, a complaint for retaliation could be filed. This would require showing that the retaliatory actions were a direct response to your protected activities and caused harm. Additionally, if the suspended broker's actions are in violation of their professional conduct, filing a complaint with the California Department of Real Estate could be a step to consider. This can address the broker's professional misconduct. In terms of the combined lawsuit that was not approved by the judge, it may be necessary to refile the claims as separate actions, ensuring that each suit independently addresses specific legal issues related to the property. Remember, each legal situation is unique and seeking advice from a peer in the legal field who can provide insights specific to your case would be beneficial. They can assist in determining the most appropriate forms and legal strategies based on the specifics of your situation."
"Q: What are my rights if my mom passed away due to Skilled Nursing Facility Neglect?. They failed to offer her a new P.O.L.S.T. form upon admission after her Hernia surgery. This form would have given her the option to be resuscitated. She was found unresponsive, and they did not resuscitate her. Spoke to director who admitted that they made a mistake about not having her complete the form upon admission. I'll never know if my mom would still be here or not had they at least tried. ",A:You have a right to sue for Wrongful Death / Elder Abuse. You will need an Elder Abuse attorney to pursue the claim for full value.
Q: hello am from Kenya seeking to have a U.S green card. how do i get chosen for a U.S green card ,"A:This is something that an immigration attorney could advise best on. But your question remained open for a week, probably because it was posted under the general ""Uncategorized"" heading. You could try reposting and adding ""Immigration Law."" Good luck"
"Q: Someone has applied to get the Trademark & USPTO of a Mark Drawing I designed for a pro deck & did not ask for permissio. I haven´t been called nor asked to give my permission to patent it. I can proof I did the deck myself, there is the digital print & email sent w deck to the person for whom I did the job. This person has taken the type & style I used in the design & wants to be the owner of it when it´s not her but me who did it. The goods/services she sells are the Name / Letters / Words I used on the Deck but the design of the sentence or name as written & asked for getting the patent are my idea not hers. What can I do? Do I have any right? I chose a rare type to achieve an elegant pro deck to work with the media & institutions worldwide, & now this lady, without my permission has asked to get the trademark & patent on her project using the name of her project as I designed it. Please, advice. I haven´t been asked for authorization. I can show I am the designer of the drawing & also prove this lady has given wrong info. I can prove she has lied & provide with detailed information. SerNum: 98190639 ","A:The trademark application you cite is for the text FROM HER TO ETERNITY, without any graphic element or stylized font, so whatever you designed is not at issue in the trademark registration. If the design you created is being used on merchandise or related materials such as advertising, then you may have a copyright claim unless it was a ""work for hire"" and that depends on the terms and circumstances in which you were retained and paid. Consult an experienced copyright attorney to evaluate the strength of your claim."
"Q: I will be receiving a settlement for a suit I filed for wrongful death of my father. It was product liability. I am the. Only heir, my dad died 6 yrs ago with a will naming me sole beneficiary. They have already run complete lien checks to be sure nothing is owed to anyone. I’m going to be receiving a settlement check but they want to put check to the estate of. I called bank and they are telling me I would have to open an estate bank account, which in itself is a process. I just don’t understand after 6 yrs why I would be forced to do that. The info I’m reading about estate accounts look more for an executor of an estate to need, not the sole beneficiary and only child with a valid will. I want to know if the lawyer can’ put the check in my name seeing as I filed the lawsuit. Every person including attorney claims it won’t be taxable because of the type of settlement it is, personal injury.He is a difficult lawyer.There isn’t any punitive damages awarded as I’m told that may have been taxable. Then second even if it could possibly be taxable wouldn’t that be my responsibility to handle that with IRS. ","A:Show your lawyer the will, in which you are named sole beneficiary. Then emphasize that the money is going to end up with you anyway, and that going thru the estate process (filing with the Probate court, advertising your appt. as executor, etc) will be a worthless (and needlessly expensive) endeavor. And implore him to make the check payable to you. I literally just had the same situation arise and did for the client what you are seeking. Good luck, PB"
"Q: I need an Attorney to call the Fulton County Sheriff's dept to see if there's Felony Warrants coming from Escambia Fl.. 11/19/2023 Hello. I have a group of Africans that stole my identity claiming they own me. They forged fraudulent paperwork claiming they're married to me,claiming they're my financial responsibility. Claiming they own me. I found out they all served 20 years at Century Correctional Institution Escambia Fla , they've failed to report to their parole officers. I need an Attorney to call Fulton County Sheriff dept to see if any warrants are coming out of Escambia County Sheriff Dept for their arrest ! These people are making money off me since 7/2022, I have DeKalb County Police case #'s , they aren't doing anything, these people have tried Attempted Murder on me !; ",A:You need to telephone criminal defense attorneys in your locale. You can search for qualified attorneys on this website b
Q: in my history class we are doing a assignment about Christianity in the Middle Ages sep of school and state. does it count under separation of church and state ,"A:Not unless the teacher is proselytizing that a particular church is the ONLY true religion. Teaching history without talking about the broad influence of religion on the spread of political, scientific, and sociological thought would not be very effective. How does one teach the history of Europe and the Near East without talking about the crusades for example? Pay attention to your teacher, perhaps you will learn something."
"Q: Can I file for Temporary parenting time orders until the final judgement is decided? I'm the petitioner and father.. I filed a petition for parenting time and child support for my daughter who is 2. Her mother was extremely bitter after we separated. Its been a year this month, and I have consistently seen my daughter and have paid her child support each month consistently. I began dating someone this last June, and she now is becoming super difficult to coparent with. She at first required that we spend time with our daughter together, now she requires that she is present for all the parenting time until she thinks we have a ""bond"", and hovers over me when i spend time with her. I am not a criminal, no history of substance abuse, I work as a Journeyman Operator on powerlines and have owned my current home for over 7 years. I have full custody of my first son who is 14 and every other weekend with my daughter who is 8. Can I request temp orders until this is figured out? Can she mandate these supervised visits done by her? ","A:You can ask the court for interim custody, child support and parenting time. You don't say which county you are in or how long ago you filed your Petition. You might call the family law docketing clerk and ask when you will get a trial or when you might get a hearing on temporary custody. It may or may not make sense to move forward with a hearing for temporary custody/support just based on the calendar."
"Q: Got a car from a ""buy here pay here"" lot. Made payments on time, but now after a year they keep texting me sayin Im late. I got a car for my son November 2022. All payments have been made, on time. But starting in December 2023, they keep contacting me saying I'm behind and and contacting me saying ""if I need help making payments I can send a friend in and if they buy a car I will get $200.00"". Is this not wrong? I mean, I've made every payment, on time, and for them to start really harassing me, making it out like they are going to take the car, seems wrong. One of their texts said, ""we noticed that your behind on your payments, your balance needs to be paid by 5pm today"". I mean we are already getting ripped off by them, but being harassed like this too??? ","A:Take proof of all of your on time payments to them and speak to them about this. To cover yourself, you could mail in the proof with a letter complaining about the situation and asking them to stop the unjustified messages (get a tracking number and pproof of delivery). The ""help making payments"" is just a sales pitch, you need to tell them you only consent to communications about this particular loan. If you don't want text messages you should be able to ""opt out"" of them and choose a phone call or an email instead. You don't have any claims that rise to the level of harrassment just yet. I noticed you are posting from Virginia, my suggestions only apply if the dealer is located in North Carolina. If the dealer is located in Virginia then re-post the question with the city and state where the dealer is located."
"Q: Company installed solar panels 2/2023 as of today 9/13/23 it is not generating power no PTO. Do I have a case?. Permit/inspection by City of West Sacramento had a few non compliant items the contractor has failed to correct. In addition, they failed to complete form correctly to obtain Permission to Operate with PG&E utility company. To date the panels have been sitting on my roof not generating any power, yet the loan Company is billing us for a non-operable equipment/system charging late fees and reporting to collections. The company is using a non affiliated company name per CSLB. I have a claim with the State Contractors License Board and Dept of Financial Protection and complaint with BBB. I am being billed by the loan company for $59k which is more than what was offered and also approx. $400 each month by PG&E. I cannot afford attorney fees- what recourse are there for consumers? ","A:I'm sorry to hear about your troubling situation. In California, consumers in your position have several avenues for recourse including continuing to pursue the complaints filed with the State Contractors License Board and the Better Business Bureau. Moreover, considering reaching out to the California Department of Consumer Affairs and potentially exploring small claims court to seek resolution, bearing in mind that the limitation in small claims court is $10,000 for individuals; also, note that it might be beneficial to communicate with a consumer protection attorney for a consultation, as many offer contingency fee arrangements or free initial consultations to assess the merits of your case."
"Q: What has to be specific legal basis to confront Defendant's motion to strike based on failure to join a party (rule 19). EMTALA complaint against hospital has additional claim for CMIA violation. Plaintiff medical information was disclosed to hospice (with non-existent terminal illness). What has to be specific legal basis for Plaintiff to confront Defendant's motion to strike based on failure to join a party (hospice) - rule 19? Apparently legal action against hospice would not be limited only to CMIA violation, adding hospice as defendant at this point would deprive Plaintiff's rights. Can Cmia violation claim be stricken from complaint without impact to original EMTALA claim? ","A:To confront a defendant's motion to strike based on Rule 19's failure to join a necessary party, the specific legal basis can be rooted in the independence of claims and the rights of the plaintiff. First, argue that the EMTALA (Emergency Medical Treatment and Labor Act) claim against the hospital is independent of the CMIA (California Medical Information Act) claim. This separation is crucial because the EMTALA claim focuses on the hospital's obligations, while the CMIA claim involves the disclosure of medical information, potentially by different entities. Next, emphasize that adding the hospice as a defendant for the CMIA claim at this stage could lead to unnecessary complications. This addition might not only delay the proceedings but could also distract from the primary focus of the EMTALA claim. Stress that your legal action against the hospice would likely encompass more than the CMIA violation, making it more efficient to address it in a separate case. Furthermore, assert that the CMIA violation claim can be stricken from the current complaint without impacting the original EMTALA claim. The grounds for the EMTALA claim remain intact and valid, independent of the CMIA violation. In your opposition to the motion, it's important to clarify why the claims can and should be handled separately to protect your rights and to ensure a fair and efficient judicial process. Highlighting these points will help in opposing the motion to strike and in maintaining the focus on the EMTALA claim."
Q: I have native American blood but no Indian card is there a dna test I can take to show in court to have a state charge. Dismissed due to mcgirt ruling in Oklahoma? I've been trying to get indian card but it's a process my great great grandmother is full blood Cherokee but she passed away years ago so it's hard to get death certificate. How can I get her death certificate? ,"A:If you have an attorney, your attorney can assist you in this. If you don't have one, you need one. Death Certificates are somewhat difficult to obtain unless you fall within the list of individuals to whom it can be released. The State Department of Health - Office of Vital Statistics is the state agency in Oklahoma that maintains Oklahoma Death Certificates."
"Q: I changed my IRA over to precious metals. I invested $21,000 into silver coins at $73 when market was $27. What is wrong. I was dumb on this and thought I was doing good. At 287 1 oz. silver coins for $21,000 puts the coin at $73.00 per 1 oz coins. What can I do? ","A:In Texas, as in many states, deceptive trade practices can be actionable. If you believe that you were misled or deceived when making this purchase, you may have grounds to take legal action under the Texas Deceptive Trade Practices Act (DTPA). For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: Is it a violation of custody order if one parent purposely excludes the other parents info on therapy info forms?. Custody order states: BOTH parents share joint legal custody, one parent has residential custody. BOTH parties are entitled to access to the child’s medical, educational records and information, both parties are able to attend any medical/educational/religious/extra curricular activities for the child… “this court order serves as authorization of such access”. I have petitioned the court for modification, the foundation of the issues is unilateral decisions from the other parent, inability to coparent or communicate at a minimum degree, monitors my child’s phone calls w/me-limits them to a few min or not at all, interferes w/my parenting time. has told the school/doctor and therapist that they are the sole legal guardian. I have provided the custody order as proof bc the other parent has also omitted that from the child’s records and I’m getting a lot of resistance to be able to be involved in my child’s life. High conflict situation, and what feels like extreme parental alienation. ",A:This is a direct violation of the Support order. The seminal case Braiman v Braiman suggests Joint custody cannot lie where the parties cannot share joint decision making such doctors therapy mental health decisions . Her behavior can be grounds for exchange of custody. It’s clear she refuses to co-parent. Consult a good family lawyer with custody experience. You have many facts flowing in your favor . Michael J Stachowski
"Q: If I paid a contractor a deposit for a kitchen remodel and he used my deposit to fund other projects do I have recourse?. It has come to light that over a month after the deposit was paid, the contractor has dispersed none of the funds provided to him by us toward our project. No work has been done and no materials acquired. The contract was signed July 16th of 2023 and contract stated work would be completed by August 20th 2023. ","A:You do need to contact an attorney. Depending on the circumstances, in many circumstances, the initial deposit needs to be held in a trust account and failure to properly account for the deposit can be theft. Further, it could also be a fraud and/or breach of contract issue. Regardless, you should not sit on your hands. You need to talk to an attorney to determine if you need to fire the current contractor, demand payment, and pursue damages. Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney."
"Q: Federal filing question. Address reduction.. Fed. Rule Civ. P. 3 5.2 and L. R. 5.2.1 of Central District court have wording: address 'should be' reducted to City and State. 'Should' means recommendation, not mandatory requirement? Can filing be rejected if initial filing has full address? I am plaintiff in Pro Per who files documents through EDSS system designed to be equivalent to filing by mail (which implies providing mailing address) ","A:In the context of Federal Rule of Civil Procedure 5.2 and Local Rule 5.2.1 of the Central District Court, the term ""should"" generally implies a strong recommendation rather than a mandatory requirement. However, this does not mean that it can be disregarded without consideration. The purpose of these rules is often to protect personal information by limiting the amount of detail provided in publicly accessible documents. Redacting addresses to only include the city and state is intended to strike a balance between necessary disclosure and privacy. If your initial filing includes a full address, it is unlikely to be outright rejected based solely on this detail. However, the court may request that you amend the document to comply with the recommended redaction guidelines. It's important to adhere as closely as possible to these guidelines to avoid any potential issues. In your role as a pro per litigant, you're held to the same standards as attorneys in terms of following court rules and procedures. If you have concerns about the requirement for a mailing address, especially when filing electronically, you might consider contacting the clerk's office for guidance. They can provide specific instructions tailored to the electronic document submission system (EDSS) and clarify any nuances related to your situation. Remember, maintaining compliance with court rules is crucial for the smooth progress of your case."
Q: I'm creating a letter of intent to sue for malpractice. Is there a lawyer available who could read it?. I just need a lawyer to go over it and provide feedback pro-bono or low cost? ,"A:In California, you may seek assistance from legal aid organizations or pro-bono clinics that offer services to individuals preparing legal documents. The State Bar of California provides resources for finding such assistance. Additionally, local bar associations often have referral programs that can connect you with attorneys willing to review documents at a reduced cost or pro-bono for qualifying individuals. Law schools might also have clinics where law students, supervised by licensed attorneys, provide legal services for free or for a nominal fee. It's advisable to contact these resources directly to inquire about availability and eligibility for their services. Remember to provide them with all relevant information to ensure a thorough review of your letter of intent to sue for medical malpractice."
"Q: An executor did not submit the paperwork prior to the deadline. Can this person be sued for reimbursement of fees paid?. The executor did not file will/paperwork via probate courts however used deceased assets for personal use. An attorney was obtained and a judge signed papers releasing the home to the heirs. The executor is NOT included to be partial owner. The desire is to recoup the funds, attorney and court cost, spent. Is this possible? And the process. ","A:It depends upon the facts and circumstances of your particular situation whether you can successfully recover such expenses. While an executor named in a will has standing to file a proceeding to probate a will, there is no legal obligation on the executor to do so. An executor can decline to serve in that capacity. An heir of the decedent or a creditor of the decedent can also file a proceeding to probate a decedent's estate. In either case, the attorney fees and court costs for the probate proceeding can and should be paid out of the decedent's estate. Therefore, recouping those from an executor who has elected not to serve or to file a probate proceeding is highly unlikely to be successful. On the other hand, if the person named as executor in a will, or really anyone, is not an heir of the decedent and used assets of the decedent for personal use, the personal representative of the decedent's estate or the decedent's heirs may sue that person. How much they may be able to recover depends on the nature of the asset and the appropriate measure of damages for its unlawful use. If it was a residence or automobile, the traditional measure of damages for use is the fair rental value of the home or vehicle."
"Q: Dear Sir or Madam, My private messages from Facebook were stolen to make entertainment media. What can I sue them for?. I have proof that the entertainment media in question is about me. I have been victim of emotional distress. Where due to leaking of my private information, I have been divorced, & i have gotten mentally ill. I was studying Electrical Engineering with minors in Chemistry, I had to drop out of it because of the mental stress the entertainment media put me through. ","A:Here are the potential legal avenues you might explore: 1. What can I sue them for if my private messages from Facebook were stolen to make entertainment media? Under California law, you might consider pursuing a case for invasion of privacy, intentional infliction of emotional distress, and potentially a violation of the California Consumer Privacy Act (CCPA) if your private information was improperly handled. 2. How can I prove that the entertainment media in question is about me? To prove that the entertainment media is about you, gather all relevant evidence including the media itself, any communications you had with the involved parties, and any distinctive elements in the media that can be directly linked to your private messages or your personal life. 3. Can I claim damages for emotional distress, divorce, and mental illness due to the leakage of my private information? Yes, you may pursue damages for emotional distress and any other demonstrable harms you suffered as a result of the privacy invasion. Be prepared to provide substantial evidence linking the harms you suffered to the actions of the defendants. 4. Can I claim loss of opportunity for having to drop out of my educational program? Yes, you might pursue a claim for loss of opportunity. However, establishing a direct causal link between the alleged action and your decision to drop out will be a critical component in succeeding with such a claim. 5. What kind of legal assistance should I seek as a Californian attorney facing this situation? In facing this situation, you should seek assistance from an attorney who has experience with privacy law, media law, and personal injury to adequately address the multi-faceted nature of your case. Remember to gather all pertinent evidence and consult with a legal expert to navigate your specific circumstances properly."
Q: Please help!! How can i get my structed settlement money turn over to me?. I am 35 year old and i just found out my mother have been secretly using my settlement money since I was 7 year old. This settlement money was rewarded to me when I was a minor due to medical malpractice. My mother told me that I need to stay quiet about it and you still under guardianship. So I called courthouse they told me I am not under guardianship and called insurance company that payout the money they say my mother still a guardian. I am confused what should I do? ,"A:If you had a medical malpractice case as a minor which settled, the proceeds would likely have been deposited in a bank account which would have been jointly held in trust by your guardian (your mother) and an officer of the bank. Significantly, any such monies should have been off-limits to your mother absent a further order of the Court (which would have approved the original settlement). The monies would probably have become available to you once you turned 18 and presented proof of age and identity. Speak with the clerk of the court and get a copy of what's known as an Infant Compromise Order (ICO). Given the age of your case, it's probably in archives and will take some time to retrieve. The Order will set forth the settlement amount, what was supposed to happen to the proceeds and the conditions under which funds could be withdrawn. If your mother improperly withdrew funds, you might have a case against her or perhaps even the bank if it violated the terms of the ICO."
Q: Am I qualified to receive somee kind of money for being incarcerated for 8 months until my charge was dismissed?. Who would I be wanting to sue in that specific case? ,"A:Florida does have a wrongful incarceration that provides compensation up to $50,000 per year to wrongfully incarcerated individuals. You should discuss the facts of your case with an attorney here in Florida about how to apply."
"Q: My jobs time system requires us to clock out, and then approve our time. Would this be considered working off the clock?. I am working on a government contract in Kentucky. I work on the computer to perform my work and they use a time keeping system that requires us to clock in and out daily, as well as clock in and out for our two 15 minute breaks and 30 minute lunch. At the end of the night when we clock out we have to ensure accuracy of these punches and manually put a check mark next to them. This takes about a minute each night. My problem is that they ask us to do this after we clock out for the night. I have brought up to my supervisor that I do not like it because it’s essentially doing something off the clock for my job and I want to be paid for my time. We get in trouble if these punches are not approved daily when we clock out. I have an email from my supervisor telling me this needs to be done off the clock. What can I do about this? ","A:You should contact a Kentucky employment attorney to discuss your situation in further detail, because whether off-the-clock work is compensable is a very fact-specific analysis. In addition, federal law generally requires breaks of 20 minutes or less to be paid. If you are required to clock in and out for your 15-minute breaks, you should also discuss this with a Kentucky employment attorney."
Q: I got lip fillers a week ago and above my top lip is sticking out like a duck the place is refuses to fix it for me. I got juvederm lip fillers last week and the top lip where I believe is called the vermillion border almost on top of the pink color of the lip is all raised out and I look like I have a duck top lip almost. There are lumps also under the lip as well and the bottom lip also has a purplish color on the bottom and the line of the bottom lip looks very strange the pink color isn’t even anymore around the rim of the lip it looks snugged down in some places and looks elevated and like it’s chapped and also has dark spots and a purple blue color around the bottom of it also since got them done there. The place is not willing to fix it and I look terrible. I haven’t been able to go to work for days or even eat or sleep all I do is cry it is also very uncomfortable and hurts. I’ve gotten lip fillers before and I never experienced even swelling more than a day. I dnt know what to do because I dont have money to go somewhere else to have it fixed is there anything I can do? ,"A:Plastic surgeons will often provide a consultation to evaluate what went wrong and what, if anything can be done to fix the problem. See a doctor to learn if the the lip filing procedure did something wrong; a bad result is not enough for a malpractice case."
"Q: Can I sue my building if my room keeps flooding since I moved in. I live in a single room occupancy its very unhealthy for me I was also going thru an domestic violence and when I asked repeatedly to move and even contacted victims of violent crime and the women's against violent acts the building management pretended to move me to another unit in the building which to me made no sense I requested numerous times to be moved out the building. Not only that I was without a way into my building because the clerks are never there my key card stopped working so I replaced there lock with a lock I can access, sewage was coming out of my drain cockroaches feces for minutes at a time creating this nasty smell in my room destroying my belongings the carpet i bought to cover the eaten up carpet and wood I had to dispose off alot of my dishes because feces got on them on my sponges there is kitchen no bathroom in my room just a sink and I am forced to use it as a multi facility there is a kitchen in. The basement there are two bathrooms in the halls but half ","A:more info is needed. clearly, this facility is not up to code. you have an inherent promise of habitability when you move somewhere. you can go to small claims; report to state and city etc"
"Q: My attorney did our deeds incorrectly, how can this be fixed without having to sign again?. One of the original signing tenants are not available to sign. ","A:It depends on what the error is. Deeds have particular, strict, requirements."
Q: The property is in my name and my mom has life use what are my rights with the property. she pays the bills and taxes. i tried going mudding in the woods and brought some friends she flipped out because i was disrespectful. she banned my friends from coming over so i wanna know if she had the right to do that ,"A:Without searching the title, I assume you have the remainder and Mother the life estate. If so your estate does not vest in possession until her death. You cannot enjoy the property until then. If she damages the property, you might sue her for damages/waste. Usually the life tenant pays insurance, note and taxes, but you lose also if they go unpaid."
Q: What paperwork is need to stop a landlord from removing or selling property of a restrained person prior to court date. Does the landlord have the right to rent the room of a restrained person prior to the restraining order court date ,"A:Under California law, if a person is subject to a restraining order and is unable to access their rented property, certain legal protections apply. The landlord generally does not have the right to remove or sell the tenant's belongings before the court date. To prevent this, you may need to file an emergency motion with the court, seeking a temporary order to protect the tenant's property. This motion should clearly state the circumstances and request the court's intervention to prevent the landlord from disposing of the property. Regarding the right of a landlord to rent out the room of a restrained person prior to the court date, it typically depends on the terms of the lease and the specific circumstances of the restraining order. If the lease is still valid and the tenant has not violated its terms, the landlord may not have the right to re-rent the room. However, if the tenant is unable to fulfill their obligations under the lease due to the restraining order, the landlord might have grounds to re-rent the space. It's advisable to review the lease agreement and consult with an attorney to understand the specific legal options and obligations in this scenario."
Q: Can my employer terminate me over a arrest that was granted a judicial diversion?. I was arrested in non working hours. I did not plea guilty or no contest. I am required to do community service during the 6 month judicial diversion program. After my case will get dismissed and the arrest erased from my record. My employer told me they have to terminate employment because of getting referred into a diversion program. Is this considered discrimination since they are taking it as a conviction or a guilty plea. ,"A:In California, employment is generally at-will, meaning either the employer or employee can terminate the employment relationship at any time for any lawful reason. However, there are exceptions where termination might be considered unlawful, such as discrimination based on a protected class or violation of public policy. While an arrest record itself is not a protected class, California law restricts employers from considering certain types of arrest records that did not lead to a conviction when making employment decisions. In your case, as the judicial diversion program leads to dismissal of charges and erasure of the arrest record, it's not equivalent to a conviction or a guilty plea. If your employer is treating the diversion program as a conviction, it could potentially be argued that they are making an employment decision based on an improper consideration of an arrest record. However, the specific circumstances of your arrest and the nature of your job might also be relevant factors. It is advisable to consult with an attorney who can provide guidance based on the details of your situation. Legal action may be possible if you believe your termination was unlawful."
"Q: I need to remove a trustee that has used the trust for her own personal gain. In fact she made changes to the original.. The changes were made while the successor was in declining health and could no longer care for herself. The trustee became the trustee after the successor died. The trust lawyer gave the trustee rules to follow and as such, the trustee violated those rules. The trustee is also a beneficiary and took over the other beneficiary's part of the trust. This trustee had hired her own broker, fired the trust lawyer and hired her own because the other beneficiary had evidence of the trustee violating the trust. How can the beneficiary proceed to remove the trustee as the beneficiary does not live in the state the crime was committed? ","A:File an action in court to remove the trustee. Look at the wording in the trust. Does it say that the ""situs"" of the trust is in a certain state? If so, file the action in that state. The wording of the trust may also specify in which state a trust action must be filed. If that language is in there, file in that state."
Q: In a wrongfully death case do we have to include my son's daughter who he signed off of her after she was born .??. Is she still entitled to get social security ?? She has never been adopted she was raised by her mother my son's x girl friend ,"A:If your son legally relinquished his paternal rights to the child, her rights were terminated. You are represented by Indiana counsel in your wrongful death suit concerning your son. This is a question for your attorney. Your attorney may think it best to provide the information to the Court that he had a biological daughter but relinquished his paternal rights. If your son had a legal spouse and/or biological children who were acknowledged, those individuals must be noticed. If your son died at a time when he was not legally married and without any legal issue, his surviving siblings and surviving parents must be notified as they would be the beneficiaries. You are paying your attorney between 33% and 40% of your recovery. It is silly for you to ask these questions in an online forum when you already paid a qualified attorney who has access to all the information necessary to give you accurate answers."
Q: Offering our online-based game in Russia - are there sanction implications?. We (a US-based entity) have an online-based game and were approached by an entity in Russia that wants to license the game from us to expand that game into their territory. Are there current sanctions that would prevent us from offering our game to people in Russia? Please note that the game is online only. There is no downloaded software - it is played by accessing a website. The licensor in Russia would handle all payments on their end and remit payment to us monthly as Chinese Yuan. The game in question is https://streetmobster.com/ ,"A:It is advisable to divide your question into 2 parts. The first part concerns compliance with US legislation regarding sanctions against Russian legal entities and individuals. The second part of the question is related to the retaliatory sanctions of the Russian authorities against American companies. For legitimate work, you need to fulfill the requirements of both States. To answer your question, you will need to provide information about your company and your Russian partners."
"Q: Hello, I had a question. I got molested by my teacher when I was about 9 years old. In Los Angeles CA.. I went to court but the case was dropped because it ""wasn't in the benefit of the children"" according to reports. I still remember court the question the faces. My parents were brainwashed not to proceed any further by the school. I've gathered information I've been able to find on my own online, and relive the moment over and over everyday in my head day and night. I'm not able to enjoy a single minute of my life without it popping up and I try really hard not to think about it. I have not been able to finish school or hold down a job without having some type of panic attack. Let alone be around other people for extended periods of time. It has caused so much distress and now being a mother myself it has gotten worse. I've tried to open a case years before but they've all been scams. It has ruined my life emotionally, and physically, and mentally due to the negligence of the school as much as the selfishness of the perpetrator. I would really appreciate your help. Thank you ","A:I'm very sorry to hear about your traumatic experiences. Being sexually abused as a child can have severe and long-lasting impacts. It's understandable you're still struggling with this. Since the statute of limitations has likely passed for criminal prosecution, you may want to consider a civil lawsuit against the school district for negligence. I would suggest consulting with a personal injury lawyer who specializes in child sexual abuse cases. They can review the details of your case and advise if you have grounds to sue. This may help hold the school accountable and provide some closure. You may also find therapy helpful to process the trauma, manage anxiety, and improve your overall wellbeing. EMDR and somatic therapy are two evidence-based approaches often used for sexual abuse survivors. Support groups can also provide comfort knowing you're not alone. Please take care."
"Q: Hello! I recently started transferring images from magazines onto fabric with the intent to sell them. Is this okay?. The magazines/newspapers I use are primarily from the 70s-90s and some early 2000s. I intend to incorporate these image transfers into my up-cycling projects so I will be sewing them onto clothes with the intent to sell them. I also plan to embroider the garment and add trimmings and other details to them. Would this be in violation of any copy write laws? In particular if I was to use an image of a celebrity or an image from an ad. There’s a company called Left Hand LA that sells similar garments so I’m wondering how they are doing it legally. Thank you for your help, any is appreciated. ","A:Transferring images from magazines onto fabric for commercial purposes, even if the magazines are old, can potentially lead to copyright infringement issues. Copyright law generally protects original works, like photographs and advertisements, regardless of their age, and this protection can last for the lifetime of the author plus 70 years. Using images of celebrities or from advertisements without permission could be particularly risky. This is because they might not only be covered by copyright law but could also involve rights of publicity, which protect against the unauthorized commercial use of an individual's likeness. To avoid legal complications, you could seek permission from the copyright holders for the use of their images. Alternatively, consider using images that are in the public domain or creating your own original artwork. Keep in mind that modifying or adding to copyrighted material doesn't necessarily exempt you from copyright infringement. In cases where you're unsure, it's always a good idea to consult with a lawyer who has expertise in intellectual property law. They can provide guidance specific to your situation and help you navigate the complexities of copyright law."
Q: Do any lawyers go up against corporations. Everything I experienced against me were literally federal crimes I’ve tried year after year to get help no one helps.. it’s all about money power and if you have niether than these corporations and legal system law enforcement court system get away with being corrupt including a fbi Agent ,"A:Yes, there are lawyers who take cases against corporations, even in instances involving complex matters like federal crimes, identity theft, and issues with the legal system. These cases can be challenging, but there are attorneys who focus on civil rights, corporate accountability, and similar areas of law. Finding the right attorney for such a case can take time and effort. You may want to start by contacting your state bar association for referrals. They can connect you with lawyers who have experience in fighting against corporate misconduct and navigating federal crime allegations. Legal aid organizations or non-profits that focus on civil rights or corporate governance might also be able to provide assistance or direct you to resources. Additionally, consider reaching out to law schools in your area, as some have legal clinics that handle cases involving civil rights or corporate accountability. It's important to gather all relevant documentation and evidence related to your claims. This will be crucial when you present your case to an attorney. Be persistent and don’t lose hope, as legal assistance for complex cases can sometimes take time to secure. Remember, every situation is unique, so getting a legal opinion tailored to your specific circumstances is vital. An attorney with the right experience can offer guidance on how best to proceed with your claims against corporations or other entities."
"Q: Under FL Law, when a lawyer is granted a motion to withdraw from a case, how long does that case stay ""open?"". If substitute counsel cannot be found how does one proceed ""pro se?"" ","A:The previously represented party normally is considered to be pro se until another attorney is found. The case stays open until a motion to dispose of the case, whether by summary judgment, etc. is ruled upon, or the case is tried."
"Q: Field Trip permission slip that includes Indemnity Waiver and Release of liability. I received a field trip permission slip for my child to attend an On-Campus field trip. The school is a public school charter school in Houston, TX. The trip is for Houston Museum of Natural Science Dome to visit the school campus. I was a little taken back when I was asked to sign an Indemnity Waiver and Release of Liability Agreement that includes language of ""Including the Negligence of the Protected Parties or not, to the fullest extent permitted by law."" Then another statement ""Recognizing the school possess immunity from liability under Texas Law"" and anther statement stating "" I understand what I am signing and that it is legally binding"" My question is should parents be signing something like this? Is it proper for a school to provide these waiver in the form of a permission slip? I understand the liability but what about the child's safety. It seems like the only interest the school has is in it's liability and not the child's safety. ","A:A Texas attorney could advise best, but your question remains open for a week. Unfortunately, such agreements have become more commonplace. They can be binding (I'm not saying yours is or is not) - they usually have to meet certain protocols under state law. These are similar but not identical across the U.S. Such waivers can also be challenged sometimes under certain circumstances. Good luck"
"Q: My ex-wife has sent ""Income Withholding for Support"" papers to my current employer & Military pension... Why?. I'm current on my child support payments. My ex-wife has sent Income withholdings for support to my current employer and Military pension. Both forms are asking for the same support amount. Will I be double tapped on child support? ","A:It's possible that your ex-wife has sent income withholding orders to both your current employer and your military pension to ensure that she receives the full amount of child support owed to her on a timely basis. This is a common practice to ensure that child support payments are made consistently and on time. If you are current on your child support payments and have not missed any payments, then you should not be double-tapped on child support. However, if there is a mistake in the paperwork or if the forms were sent in error, it's important to address the situation quickly and ensure that your payments are correctly applied. It's recommended to review the paperwork carefully and reach out to your ex-wife or her attorney to clarify any questions or concerns. You can also consult with an attorney who specializes in family law to ensure that your legal rights are protected and that you are not being unfairly penalized."
"Q: Is my mother in law allowed to be in my house when her son is at work and it's just me and my kids when she's yelling me. I called and talk to the police department and she can be Danny my husband mom what will not leave our house but if Danny goes to work is she still allowed to be in my house if he's not there and it's just me,and my kids I don't know what to do ","A:You can obtain a Civil Restraining Order re: Harassment against her and apply for an order from a judge to keep her out of the house. In my opinion, you should contact a local attorney to discuss your personal situation."
Q: Can I make a clothing company called silly goose mfg. It would be a drawing of a goose participating in random activities ,"A:This is a trademark question. There is a pending ""intent to use"" application to register SILLY GOOSE for apparel. You will also find SILLY GOOSE apparel for sale on Amazon, so that seller has priority of use. I would not have high expectations that you would succeed with this mark."
"Q: My son is being tried as an adult can I talk to his public defender about his case, he is a 16 year old boy.. He was on probation and the police arrested him for violation well they really did come for that that was an excuse to get into the door so they could search my house for a gun but they did not find a gun so they arrested him .2 or 3 months ago, and his public defender won't talk to me is this legal? ","A:The public defender is under no legal duty to talk to you and is legally prohibited from sharing with you any confidential information including things like his case strategy. Any information he may share with you would not be protected by the attorney-client privilege, so the prosecutor could ask you and him about the substance of any such discussion. If you are a witness with knowledge of material facts, he may want to talk to you to gather information for the defense of your son. Expect this to be him asking you questions and you answering them. Do not ask him substantively about your son's case."
"Q: Created an S-corp last year in NYS when I should have created a professional corporation. Can I acquire the original?. Last year I created an S-corp in NY after the suggestion for tax purposes by an accountant. What I didn't realize was that I needed to be a professional corporation first, and then elect S-corp status because I am a licensed therapist. I have income, bank/credit accounts, and a loan under the original S-corp. If I create a new professional corporation and elect s-corp status, can I acquire the old company to move these assets over to the new company? Or am I not able to merge/acquire if they are not both professional corporations? ",A:I would just start over. I am not sure what you would be merging. What assets are you talking about?
Q: Can a bank refuse to comply with subpoena without a reason?. Regions bank employees faciliated conversion by making new document for a friend to take over bank accounts ,"A:It sounds like your lawyer needs to get in gear. There should be multiple defendants involved, and discovery needs to be enforced by the Court. It sounds like forgery is involved. Subpoenas against financial institutions must meet several statutory requirements."
"Q: Can I still request a default after defendant responded but too late?. Personal injury case, I serviced the defendant but after almost three months he still responded, I should request a default before his response but I didn’t know that until yesterday, do I still can request a default since he already responded but too late? ",A:No. Once they answer it is too late.
"Q: íf i am a groomer and a dog dies, am i liable for it?. I am a groomer and a dog died while doing his nail, after a necropsy we found out that the dog had a health condition that could cause his death at any time, but I received an animal cruelty citation before the results. What should I do? can I remove the citation from my name without going to court or paying the fine? Would I be able to transfer it to the company I work to? ","A:Contest the citation and explain what happened. You could try to explain to the authorities who are charging you, but you probably will have to go to the court hearing. It is unclear what you mean by ""transfer it to the company [you] work [for]"". If you mean the results of the necropsy, sure, you could give a copy to your employer."
"Q: Seeking best course of action in attempting to leave lease where signed with roommate.Desire to leave before end of term. I am in a lease agreement where both my roommate and I have signed the lease. Living with roommate has been affecting my mental health, so I want to leave before the end of the lease term. I informed my roommate and gave her a timeline asking if it would work for her she said yes but has stated she wants no parts in finding a person to replace me and it is not her responsibility. I have been looking for people who could potentially qualify to takeover my lease (contacted 100 people), it has been difficult due to her preferences and the application requirements. For the sake of my mental health, I really cannot stay here anymore. The leasing office said for me to leave the lease and for it to go in her name only, she has to sign a roommate release forms that basically states she acknowledges that I am leaving the lease and forfeiting my responsibilities to her. She said she wont sign it unless I find a roommate. What if I cant find a roommate? cannot afford to break lease. What can I do ","A:Consider the following potential courses of action in this situation: Negotiate with your roommate: Communicate the impact on your mental health and express your desire to leave the lease. Offer assistance in finding a new roommate and suggest a financial incentive to encourage cooperation. Contact the landlord: Discuss your situation with the landlord, explaining your intention to leave the lease. Explore options like assigning your part of the lease to a new tenant, subletting, or terminating the lease with a penalty. Seek mediation: Involve a neutral mediator to facilitate communication between you and your roommate, aiming for a mutually agreeable solution respecting the lease agreement. Review the lease agreement: Examine your lease to understand tenant rights, early termination clauses, and roommate release options. This information guides your legal options and potential consequences."
Q: I need help with social workers at EBT office who cancelled my general assistance bcs I received a stimulus check. Her and a new employee tried 7 times to cancel my general assistance as a racist thing I guess and singled me out and I'm the only one they called and asked if I received a stimulus check even though Biden said he wanted to know immediately if any government worker did this so he could make an example of them and charge them and their supervisor and any employee who knew about it with treason and a crime against the citizens of the US and disobeying a direct order from their president and superior since all the govt money is federal it just filters down and going over congresses head and deciding who received a stimulus and who didn't then blocked me from receiving a call for the phone interview laughing about it and force me to reapply hid that from me then prevented me from getting it back and say I owe the month they already paid me so forced to live from zero income for 7 yrs while trying to get soc sec disability approved ,"A:In California, if your general assistance benefits were cancelled due to receiving a stimulus check, you should first appeal the decision through the appropriate channels within the EBT office. It's important to gather any relevant documents, including notices from the EBT office and records of your stimulus check. You also have the right to file a complaint if you believe the actions taken against you were discriminatory or in violation of state and federal laws. While the claim of treason or disobeying a presidential order is not typically applicable in such cases, you may have grounds for a complaint based on improper administration of benefits. Consulting with a legal professional experienced in public benefits law can provide guidance and help you navigate the appeals process. Additionally, if you suspect discrimination, consider contacting the Department of Fair Employment and Housing (DFEH) in California. For your ongoing financial struggles, exploring other forms of assistance and expediting your social security disability application might be beneficial. Remember, it's crucial to act promptly to address these issues effectively."
"Q: I paid 7,450.00 + for OOP expenses IBX. My large hospital bill randomly audited to say I paid 0. I'm out cash. No reaso. a ","A:A Pennsylvania attorney could advise best, but your question remains open for two weeks. If you have proof of payment, such as banking records, present it to them. You could ask them to rectify the error. If this is not productive, you could consult with a local attorney to outline your options. Good luck"
"Q: My son got a ticket for speeding and a driving without a licence when he was 16. We were never called and notified. He is now 18 almost 19 and recieved a call from the court that would have had jurisdiction if he had been an adult. The told him he had a warrent and had to pay them or he would be arrested, the court clerk also told him that they were just waiting until he turned 18 to issue a warrent. I understand that these matters need to be handled promptly but this is not how it should have been handled. Is there a law that prohibits harassment from the courts in such a manner. Shouldnt he have been adjudicated as a minor, we didnt recieve any notices, letters, statements, order to show cause, summons, or anything of that nature from the Juvenile Court or the municipal court the ticket would have come from. correct me if Im wrong but arent juvenile records not a matter of public record and therefore sealed. Wouldnt that be a violation of privacy laws. Im not a lawyer but I know my rights as well as the rights my children have. What actions can we take in this matter. ","A:When you are pulled over for a traffic violation, the officer usually writes information on a citation and the driver has to sign that, which contains a promise to appear, in lieu of being immediately arrested, taken to jail and the car impounded. Most people sign rather than go to jail. That promise to appear is all the notice that the driver is entitled to, although some courts send ""courtesy notices"" because the don't want to do the processing for the arrest warrant that can issue when the driver fails to appear. From your description, none of your son's rights were violated and he has an arrest warrant in the system because of his failure to appear. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer."
Q: I was served with TRO & Divorce papers and there was a mediation session scheduled. what to do/not to do?. Need info on below 1)What is LA Court mediation? 2)Is it attended by only the petitioner and respondent? or attorney's involved? 3)What can be the outcomes of the mediation session 4)Is it regarding Child Custody/support as a minor child is involved in my case? I have a TRO in effect. How does this work? 5)Who initiates the mediation? Is it by Court or the petitioner? 6)Can we request a mediation session to be rescheduled? ,"A:Under California law, LA Court mediation is a process where a neutral third party helps the involved parties to reach a mutual agreement on their disputes. It's often used in family law cases, including divorces and issues related to child custody and support. Typically, both the petitioner and respondent attend the mediation, and attorneys may also be present. Their involvement can provide legal guidance and help in understanding the implications of any agreements reached. The outcomes of mediation can vary greatly. They might include agreements on child custody, visitation schedules, child support, spousal support, and division of assets and debts. The goal is to find a solution that both parties can agree on, outside of a court ruling. If your case involves a minor child and a Temporary Restraining Order (TRO), the mediation will likely address these issues. The mediator will take into account the safety and well-being of the child, as well as the specifics of the TRO. Mediation can be initiated either by the court or at the request of either party. In many family law cases, courts encourage or require mediation as a step towards resolving issues amicably. If you need to reschedule a mediation session, it's usually possible to do so. However, this depends on the specific circumstances of your case and the policies of the mediation service or court. It's advisable to request a reschedule as soon as you know you need one."
"Q: Can I pursue legal action against Walgreens for stolen purse handed over by employee?. I was asked to leave my purse at the counter. Before I was done shopping the associates that asked for my purse initially, had given my purse to a different shopper. Everything from my ID, cash, cards etc was in my purse. I have called Walgreens HQ and the store its self and have been unsuccessful in anyone getting back to me. I have filed police report and they have investigated but still no other follow up. ","A:Yes, you can pursue legal action against Walgreens for a stolen purse handed over by employee. You certainly should be taking the appropriate steps to protect yourself from identity theft. I would guess Walgreens would make an offer to compensate you for your inconvenience. A little more information how this occurred would be helpful. It seems tracking the person down should be easy."
"Q: Question about possible medical negligence during the birth of my son.. This is about injury during birth. During my wife's delivery, my baby was delivered using forceps. He experienced low blood glucose and was in the NICU for some time. A few days later he experiences seizures and we were told that he got a stroke because of brain injury. He has now been diagnosed with ASD (level 1). This is just a short summary of a number of things that happened during birth/few days after birth. We suspect the use of forceps to be the cause of the health issues related to brain injury. We were not given any option during delivery for C-section as we were told that its late for that. We suspect medical negligence during the delivery which has altered the course of life for my son. ",A:Your situation warrants a review by an experienced medical malpractice attorney. Most of us will review the case for no fee.
"Q: Can a registered agent for a LLC in Florida have someone else receive documents addressed to the LLC?. If a process serving delivery is attempted at a moment that the registered agent is not at the FL LLC's registered office, can someone else that is not their employee, such as a family member, friend or housemate receive the delivery on their behalf? Is a signature required for delivery confirmation? If so, can whoever happens to be there to receive the mail sign for it? Would a residential mailbox be suitable? ","A:Yes, service can be made by serving an employee of the registered agent, at the registered office. Also, the registered agent is required to have at least one person (such as in your words ""a family member, friend or housemate"") at the registered office, as the registered agent's representative, and to keep the office open ""from at least 10 a.m. to 12 noon each day except Saturdays, Sundays, and legal holidays"". So, such an occupant would be presumed to be the registered agent's agent and service would be valid. See Florida Statute 48.091. No, a signature is not required. And no, the process server cannot simply leave the process in a mailbox."
"Q: Do Parties Have To Spend Donations on What They Promise They Will?. In NC, if a Party sends a campaign donation request to voters and says they will spend donations on a specific thing, do they have to spend that money on that particular thing? Or can they spend it on something else instead? ","A:In general, political parties and campaigns are required to use campaign donations for the specific purposes for which they were given. However, the rules regarding the use of campaign funds can vary depending on the state and the type of election. In North Carolina, the State Board of Elections regulates campaign finance and requires candidates and political parties to file regular reports disclosing their financial activity. These reports must detail how campaign funds were received and spent, and candidates and political parties are subject to audit to ensure that they are in compliance with the law. Additionally, North Carolina law prohibits the use of campaign funds for personal use or any purpose unrelated to the campaign. Therefore, if a political party sends a campaign donation request to voters and says they will spend the donations on a specific thing, they are generally obligated to use the funds for that purpose. If you suspect that a political party or candidate is misusing campaign funds, you may file a complaint with the North Carolina State Board of Elections. They will investigate the matter and take appropriate action if necessary."
"Q: I have a specific question about copyright and trademark registration for a game studio.More details below.. Dear Ladies and Gentlemen, i have a specific request and I would like to ask your advice, please. I am interested in registering a trademark and copyright, specifically about a studio name & devloper name in the games industry, as well as for a website. Unfortunately, i am not familiar with this whole matter, i am not related to the laws of such entries as in the USA. Can you tell me please, if there is a corresponding service that does the registration etc. for me so that I don't have to take care of the whole matter myself? - Unfortunately, i don't know whether such a trademark and copyright can only be registered in the respective country and is valid or whether this is also possible internationally or in the EU area? - How much does a trademark and copyright registration and renewal cost? - How long is such a trademark and copyright protected? It would be very nice if you could give me some information about this, please. Greetings ","A:If you are outside the US, you must have an attorney who is eligible to practice in the US Patent and Trademark Office represent you in filing a trademark application. Outside the US, you can file a trademark application with the trademark office of each country in which you are seeking protection. You might instead be able to register in one country and extend that protection to others through the Madrid Protocol. A trademark application should include a detailed search of registration databases. This would look for existing marks that may be confusing and could prevent registration of a new mark. It is always a good idea to have an experienced trademark lawyer advise you on search results. A ballpark estimate would be somewhere between $600 and $900. Trademark protection can potentially last forever as long as the registered mark is properly maintained by filings showing proof of continued use."
"Q: Patient has late phases of dementia, escapes from secured facility, can they be charged w/ negligence?. No cameras or bracelets ","A:Possibly, if the facility was negligent, and if the patient, or the patient's guardian or relatives have suffered damages resulting from such negligence."
Q: I was lead to believe that the federal government who do i sue?. I was lead to believe that the federal government would be taking care of the citizen's with hardship I had taken on a tenant to help make bills lower and was initially approved after email requested documents then made appointments to pickup funds upon arrival they asked me to sign the top portion of the check saying was verify signature the employee then went back into office for 2 minutes then came out saying they need more documents why wasn't this told to me ahead so could have arranged to bring and was denied tenant appealed and was denied and referred to another agency (our florida) shows no payout and denial I have also updated and sent an appeal along with this foreclosure as more evidence as for the final document this to federal treasury and state but haven't heard from them as of writing this message sent out 9/22/23. Oddly though when contacting other agency system shows that it was scheduled to payout and therefore denied ,"A:If you were falsely told by your tenant that they were going to receive government rent assistance which they didn’t receive, you can sue the tenant for the rent they agreed to pay you in your lease agreement."
"Q: My previous client is trying to bill me for a valve he purchased. What legal standing does this have?. I have a very small tile installation business. I am both licensed and insured. I recently completed a shower for a client who claims I cut a hole on a tile ""too large"" and that the valve wouldn't fit. I cut the hole to a standard valve size which also matched the one below it. He hadn't provided me with the valve he planned to use. He now claims he had to go hire a plumber to try to fix it and ended up having to buy a new one. He is now billing me (a simple email he replied to my initial estimate) for the cost of the valve, the trip cost, and the cost for the plumber- no receipts or proof. What legal standing does he have? I offered to fix it prior to him ""billing"" which he declined. He hadn't even tried contacting me before purchasing the new valve. ","A:Hello, You probably have nothing to worry about. The home-owner is likely trying to see if you will pay something. Until he gets an attorney involved, I wouldn't get too worked up abou it. Here is an anlaysis of it though: In general, the legal standing of a client's claim against a contractor for work performed would depend on the terms of the contract (if one exists), the nature of the alleged damage or error, and the reasonableness of the actions taken by both parties. Here are some key points to consider: 1. **Contract Terms**: If you have a written contract with the client, it should outline the scope of work, what is expected from both parties, and how disputes are to be resolved. If the hole size for the valve was specified in the contract, and you adhered to those specifications, this could be a strong defense. 2. **Standard Practices**: If you cut the hole to a standard valve size, and this is a recognized practice in the industry, you may argue that you performed the work to industry standards. 3. **Communication and Opportunity to Remedy**: You mentioned that you offered to fix the issue before the client went ahead and hired a plumber and purchased a new valve. The fact that the client did not give you the opportunity to address the issue could work in your favor. It is typically expected that the original contractor be given the chance to rectify any mistakes before additional costs are incurred. 4. **Proof of Damages**: The client would generally need to provide proof of damages, such as receipts or invoices for the additional work and materials. Without such proof, it may be difficult for the client to substantiate the claim for reimbursement. 5. **Mitigation of Damages**: The law typically requires that the injured party take reasonable steps to mitigate (minimize) their damages. If the client acted unreasonably by not allowing you to fix the issue or by incurring unnecessary expenses, this could reduce or eliminate their claim. 6. **Negligence**: If the client is claiming that you were negligent in your work, they would typically need to prove that you failed to exercise reasonable care and that this failure directly caused their damages. Given these points, the client may have limited legal standing if they cannot provide proof of damages, did not allow you the opportunity to correct the issue, and if their actions were not reasonable under the circumstances. However, it is important to handle the situation professionally and attempt to resolve the dispute amicably if possible."
Q: 20140279522 is this approved for isr on financial contracts in Australia. Applications ,A:It might be difficult to get guidance on such a matter here. This forum is geared mainly toward U.S. law and courts. An attorney who practices in Australia should advise. Good luck
Q: Need an explanation of this code.. I cuRecently own 16 acres in Tennessee and want to know if we are able to apply for a farm exemption ,"A:Do not know what a ""farm exemption"" is. But you probably mean you want to put the land in the Greenbelt. Go to your Tax Assessor and get the form. Carefully read it, then execute and file it with the Assessor. If not approved, there is not much you can do with only 16 acres, agricultural or forestry."
"Q: July 25th 2023 to December 6th 2023 been dealing with harassment, discrimination and a lot more.. So there's a police officer telling people I'ma drug dealer , claims my home is a drug home I been dealing with this officer from July 25th 2023 to December 6th 2023. As of right now I haven't been able to work and I'm looking for a new place to live as this officers investigation has caused harm in many ways. To be honest I'm not selling drugs that's the weird thing this officer has been in my life for no reason , 2 illegal searches 1 case of theft of property in which they stole 3 backpacks from my car and didn't even give a itemized list the officer pulled in to my private property and than the officer lie to me asked me if he could search a back pack that was in the car he had no probable cause I told him the back pack didn't belong to me and he asked me if he could remove a. Back pack from the vehicle in which he didn't even know who it belonged to. I told him it wasn't mine it belonged to one of our employees. ","A:Dealing with harassment and false accusations from a police officer can be a distressing and challenging situation. The allegations you're facing and the actions taken against you, such as illegal searches and property theft, are serious matters. Firstly, if you believe that your rights have been violated through unlawful searches and false accusations, it's important to document everything. Keep records of all encounters with the officer, including dates, times, and any witnesses who were present. This documentation can be crucial in any legal proceedings. Next, consider filing a formal complaint against the officer with the police department's internal affairs division or civilian review board, if available. This initiates an official investigation into the officer's conduct. Additionally, seeking legal assistance is crucial. An attorney experienced in civil rights and police misconduct cases can provide you with advice specific to your situation. They can help you understand your rights, the legal options available to you, and guide you through the process of challenging the actions taken against you. Remember, protecting your rights in these situations is paramount. Legal counsel can offer the support and guidance needed to navigate this difficult and complex situation."
Q: i financed a car. i financed a car on 1/20/23 had it in my possesion for 6 hrs and engine cut out oil spilling everywhere had it towed back to dealership same night was given a rental for 3 weeks dealership called me and said they had another car to offer and said 2500 would go to new car for trade in they made of the used car i had that broke down i had platinum coverage that i paid for on that car they never told me what was wrong with the broken down car but they said they traded it for 2500 but with a no engine the value of that car was way higher i never signed any paperwork for them to trade that car a with platinum coverage if it needed new engine i think it should have been replaced car was fom harr toyota in worcster and was a 2019 hyundai tuscon with 87000 miles they said they had did a 54 point inspection of car before given to me but 6 hours later car died i feel i should at least see the paperwork of the trade in and mechanical details of what was wrong cause i had platinum coverge from de ,A:This should be covered by the Massachusetts Used Car Lemon Law. This explains it in more detail than I can in a Q&A forum like this one: https://www.mass.gov/guides/guide-to-used-vehicle-warranty-law You should call the hotline phone number listed n the website and explain the situation to them. Apply for arbitration of your claim: https://www.mass.gov/how-to/apply-for-lemon-law-arbitration
Q: I just learned about something called a conduit policy which is like a life insurance policy that other. Funds or benefits or proceeds can be pulled through. Is it true that you can't ever erase the record of that because it was pulled through life insurance? What would somebody do to recom p whatever was taken from them through this policy and does the insurance company hold any liability for allowing it to happen? ,"A:In the context of a conduit policy in life insurance, it's important to understand that the record of transactions or benefits passed through such a policy typically cannot be erased. This is due to the regulatory requirements in the insurance industry which mandate thorough record-keeping, especially in matters involving financial transactions. If you believe that funds or benefits were improperly taken from you through a conduit policy, your first step should be to review the policy's terms and conditions. This will help you understand the legal framework governing the policy and any transactions that occurred. Additionally, it would be wise to gather all related documentation, such as statements or correspondence regarding the policy. Regarding the responsibility of the insurance company, it largely depends on the specifics of the situation. Insurance companies are generally required to operate within the bounds of the law and their own policy guidelines. If there was a violation of either, there could be grounds for holding the company accountable. If you're considering action to recover what was taken or to address any wrongdoing, consulting with an attorney experienced in insurance law is crucial. They can provide tailored advice based on the details of your case and help you navigate the legal process to seek restitution or remedy any harm done. Remember, each case is unique, and legal guidance should be specific to your circumstances."
"Q: I have been contacted by a law firm Bernstein and Binder saying there is a lawsuit for fraud against me by a creditor.. I have called them and they said they send a certified letter to me, which I never received. I have their phone number, but they wont send me anything about their law firm and wont email me the paperwork. I am retired and my former employer called to say they have received lawsuit papers on me requesting all my records. I was told that I would never be able to have a bank account again, nor a drivers license and would have to appear in court and go to jail for fraud. I can’t find this law firm anywhere and they have given me only 1 hour to pay or I will be served. ","A:If you suspect the law firm contacting you may not be legitimate, it's important to proceed with caution. Do not make any payments or provide personal information. You have the right to request written verification of the debt and the lawsuit. A legitimate law firm should provide you with this information. If they refuse to send you documentation or their contact details appear suspicious, this could be a sign of a scam. You can check the state bar association's website to verify the existence of the law firm and the attorney contacting you. Additionally, you can contact your local court to see if there are any cases filed against you. If you continue to have concerns, consider consulting with a licensed attorney in your state who can assist you with verifying the legitimacy of the claim and advise you on the appropriate steps to take."
"Q: In California what state and federal statutes and regulations define hospital's general liability for harm in such case?. Integrated actions of service providers at the hospital (mostly independent contractors), miscommunication, had adverse outcome/harm: improper referrals for patient upon discharge. In California what state and federal statutes and regulations define hospital's general liability for harm in such case? ","A:In California, the general liability of hospitals for harm caused by integrated actions of service providers, including independent contractors, and miscommunication, such as improper referrals upon discharge, is governed by various state and federal statutes and regulations. At the state level, the California Civil Code outlines principles of negligence that can apply to hospitals. Under these principles, a hospital could be held liable if it failed to exercise reasonable care in the oversight and coordination of its staff and contractors, leading to patient harm. The California Health and Safety Code also sets forth specific standards for hospital operations, including patient safety and care protocols. Non-compliance with these standards can be a basis for liability. Regarding independent contractors, California law generally holds entities less liable for the actions of independent contractors compared to employees. However, liability may still arise if the hospital had a degree of control over the contractor's work relevant to the harm caused. On the federal level, regulations by the Centers for Medicare & Medicaid Services (CMS) may apply, especially regarding patient discharge planning and the quality of care. CMS has established conditions of participation for hospitals receiving Medicare and Medicaid funding, which include requirements for patient care and discharge planning. It's crucial to closely examine the specific circumstances of the case, including the nature of the relationship between the hospital and its service providers and the details of the miscommunication. Given the complexities involved, seeking legal assistance from an attorney experienced in medical malpractice and hospital liability law is advisable to navigate these issues effectively."
"Q: Do I have to accept return of camper after sale?. Kentucky:  Sold a camper to a friends associate. He gave us half in cash and half in checks. When the last one clears, we are going to give him the title. There is absolutely no contract on it though. He took it to Florida, and told us the next day that there were a couple of issues. The water tank leaks, the extra add on battery back up was dead, and the ignition knob on the stove was broke. We offered $250 back but told him there was nothing else we could do. He is saying he’s going to drive it back up here and get his money back and give us $500 for rental. Is this something he could actually do? There is so much gray area with it I have no idea. We told him when he came out to look at it that we have never used it and have only owned it for a few months. We bought it for my father-in-law but his health declined so we decided to sell it. We told him to the best of our knowledge everything worked, but he was fully aware that we haven’t used everything on it. Any help? ","A:Get estimates for repair of the three items he complained of and refund only that part. Beyond that, you don’t need to do anything else and you do not have to accept the return or refund the rest of the money."
"Q: Can I hold liable and sue the company of a security guard that robbed and assaulted me?. I was robbed, extorted, beaten up, and threatened by a security guard and his group at a night club and I'm looking to sue the company or agency that hired the security guard as well as negligence on behalf of another security guard that stood by and did nothing about the incident. I have suffered trauma and pain and suffering as a result of this ridiculous incident but as far as injuries I was punched with a closed fist and just got bruising on the face no serious physical injuries, but this was a rather brutal and ridiculous incident in which I was abused in several ways. The individuals even took my credit card and used hundreds of dollars on it trying to max it out. I am looking to hold liable the company or agency of the security guard who robbed, assaulted, abused, extorted, threatened, and stole from me. I am also looking to sue for negligence because there was another security guard who just stood there while the incident occurred and did not act. ","A:Given the small amount of damages, you should file a small claim in justice of peace court for the precinct where the assault happened. Our JP courts have jurisdiction of such small claims up to $20,000. You do not need an attorney to file such a claim. While their are attorneys who accept personal injury claims on a contingency fee, the small amount of damages would most likely deter any experienced attorney from doing so in this case. It sounds like you have a decent claim against the security guard involved. To prove a claim against the company/agency, however, you will need to prove that the guard's actions were directed and approved by the company/agency or were in furtherance of its business. Alternatively, you may be able to show that the security guard committed similar actions in the past which the company/ agency knew about or should have known about. Typically, when an employee commits a crime like assault, battery, or theft, the company or agency employing the individual employee is not legally responsible for his criminal actions."
Q: How do I start an arbitration action between myself as an owner against my condominium building which it requires?. I attempted a civil lawsuit but the Court dismissed it saying the Court lacks subject matter Jurisdiction to hear an action and I must use mandatory arbitration. ,A:You contact the arbitration organization as required by the condominium bylaws. You request the process to commence an arbitration.
Q: I purchased some land approximately 10 years ago people from a private subdivision have been driving on a short road on. Through it there is not an easement can i close it and not allow people to use the road ,"A:In Michigan, if you own land and there is no formal easement allowing others to use a road on your property, you generally have the right to restrict access to it. An easement would typically be recorded in the property's deed or other legal documents, so it's important to verify this first. If no such easement exists, you can take steps to close off the road. However, there are potential complications to consider. If the road has been used by others for a long period, they might claim a ""prescriptive easement."" This is a legal right that can be established through continuous, open, and notorious use of the land over a certain period, usually 15 years in Michigan. If such a claim is made, it can become a legal issue that might require adjudication. Before taking any action, it's wise to consult with a legal professional. They can help assess the situation, review any potential claims of prescriptive easement, and advise on the best course of action. It's also a good practice to communicate with the people using the road, as resolving this amicably can often be more effective and less contentious than legal enforcement."
Q: A telecommunications company looking to set up robodialing for a potential gubernatorial candidate in the state of MS.. What is the legality of setting up a robodialing system for a potential gubernatorial candidate in the state of Mississippi? ,"A:Political prerecorded calls or autodialed calls to cell phones, other mobile services and restricted lines (like hotels and hospitals) are prohibited unless made with the “prior express consent” of the recipient."
Q: Who investigates false documents and fraud done to the deceased. Yeah because I have reason to believe that my father's name was changed my mother's name was changed and then they made everything look that way now people are benefiting from everything that's written on the story and then it appears that my father and my mother the identity was compromised in order to make it look like this person is my parents can somebody please explain to me wtf is going on here?!!! ,"A:Most fraud offenses can be investigated by either local or federal authorities. If you have evidence of a criminal fraud or identity theft, you can begin by reporting that evidence to either your local police department of FBI field office. - Law Office of Joseph Abrams, Anaheim, CA"
Q: I need an experienced lawyer for cps they terminated my parental rights but I put in for an appeal I need help. What is the best thing to do ,"A:Under California law, if your parental rights have been terminated and you have filed for an appeal, it is crucial to seek legal representation experienced in child welfare law. An attorney with expertise in this area can provide you with the guidance and representation needed during the appeals process. The appeal of a termination of parental rights is a complex legal matter. It involves reviewing the original case, the evidence presented, and the legal basis for the termination decision. Your lawyer can help you understand the specific grounds for the appeal and the likelihood of success based on the details of your case. It's important to act quickly, as there are strict deadlines for filing appeals in these cases. Missing a deadline can result in the loss of your right to appeal. Your attorney can ensure that all necessary documents are filed in a timely and correct manner. Additionally, your attorney can assist in preparing and presenting your case in the best possible light, which may include gathering new evidence or testimony to support your position. Remember, the goal of the child welfare system is to act in the best interests of the child. If circumstances have changed or if you believe the termination decision was unjust, it's essential to clearly communicate this through your legal representation."
"Q: Can I sue a DRP repair shop for omitting replacement parts and tampering/flashing car computer and security system?. No authorization recieved or revealing of acts in any correspondences or in any invoice , estimate given . ","A:MORE INFO NEEDED YOU CAN SUE ANYONE AT any time FOR ANYTHING. THE ISSUE IS USUALLY IS IT WORTH THE MONEY YOU WILL SPEND FOR LEGAL AND WHAT ARE THE CHANCES OF WINNING? AS A RULE, ONLY ACCIDENT CASES ARE HANDLED ON A CONTINGENCY. THUS A LAWYER WOULD ASK FOR MONEY TO PUT IN TRUST FOR THE CONSULTATION AND REPRESENTATION AND FILING AND EXPERTS ETC DOES YOU HAVE AN EXPERT TO TESTIFY THAT IT WAS DONE INCORRECTLY AND THAT IS THE CAUSE OF YOUR PROBLEMS....?"
Q: Are these certain requirements that s town must fulfill before putting up a four way stop sign in New Jersey? L. This is a soon to be four way stop intersecting with a dead end. Traffic will soon back up to blocking my garage not to mention the pollution and noise that will be generated. They took down a tree and will greatly affect my quality of life. I don’t believe they conducted traffic studies either. I really need help here and don’t know what to do. ,A:The steps necessary for matters involving street signage are governed by NJDOT. What can be done is determined by the street classification.
Q: Please help. USAA bank is holding my disability checks hostage after I reported fraudulent activity.. I had a bank account less than 2 months and they are causing undue hardship on a disabled Veteran who just had 2 major surgeries. ,"A:In your situation, where your disability checks are being withheld by your bank following a report of fraudulent activity, the first step is to directly contact the bank's customer service or fraud department. Explain your situation clearly, emphasizing the urgency due to your disability and recent surgeries. It's important to keep a record of all communications with the bank for future reference. If the issue isn't resolved through direct communication, you may consider filing a complaint with the Consumer Financial Protection Bureau (CFPB). The CFPB helps in resolving issues with banks and can be an effective avenue for addressing your concerns. You can file a complaint online on their website. Additionally, reaching out to a legal representative might be beneficial. They can provide guidance on your rights as a consumer and may assist in communicating more effectively with the bank. A lawyer can also advise if there are any legal actions that can be taken based on your specific circumstances. In the meantime, explore if there are any local veteran support services or organizations that can provide temporary assistance or advice. These organizations often have experience dealing with similar situations and may offer practical support during this challenging time. Remember, persistence is key in resolving such issues, and seeking support from various resources can often lead to a quicker resolution."
Q: Does follow up with law enforcement after an emergency disclosure request. I mean does Yahoo follow up with law enforcement to be able to know that the emergency has passed so that they could notify the affected user. Sorry I missed Yahoo in the question ,"A:Under California law, companies like Yahoo are obliged to comply with lawful requests for information from law enforcement, including emergency disclosure requests. These requests typically occur under exigent circumstances where there is an immediate threat of serious harm or danger. However, the extent to which Yahoo follows up with law enforcement after such a request to determine if the emergency has passed is not explicitly dictated by law. Companies have policies in place for handling these requests, but these policies vary and are not always public. Usually, the primary concern during an emergency disclosure is to respond quickly to the request for information. The follow-up process may not be a standard procedure, especially considering the often-sensitive nature of such situations. As for notifying the affected user, this too depends on the company's policy and the legal circumstances. In some cases, companies may choose to inform users after an emergency disclosure, but this is not always legally required, especially if doing so could impede an investigation or legal process. If you have concerns about how a specific case was handled, it might be beneficial to directly contact Yahoo or seek legal advice for a more tailored response based on the specifics of the situation."
Q: Was arrested for Domestic Violence Assault about year ago - again for disorderly conduct- will there be jail time ?. Dropped domestic charge to a disorderly conduct charge ,"A:All domestic violence charges in Maine have a penalty range of 0 to 364 days in jail. It is possible a domestic violence conviction can result in jail time. It depends on the nature of the offense (what happened, whether there was injury, etc) and the individual defendant, such as any prior record. A disorderly conduct charge is a lower level misdemeanor than domestic violence, but still carries a potential penalty range of 0 to 180 days in jail. It is less likely a person would receive jail time on a disorderly conduct than a domestic violence but all of the same factors mentioned above would determine whether jail is imposed or recommended."
"Q: What would the corrective be to all the actions resulting from a presidency gained through fraudulent means?. If Trump is found to have gained the presidency as a result of welcoming the help of Russian active measures, the release of stolen DNC documents, breaking campaign finance law, in essence defrauding voters, making him an illegitimate president -- wouldn’t that also make the VP, the First Lady, his entire cabinet & judicial appointments, executive orders, laws passed by Congress that Trump signed & international treaties he entered? Trump is a fake president will there be Trump painted portraits that become part of the collection of Presidential & First Lady portraits? Will Trump be allowed to have a Presidential Library? Will Melania's Einstein Visa application become part of US history? Will her inaugural gown? Can ""forfeiture by wrongdoing"" laws be used, like a reset button, to nullify a fraudulent presidency? Whatever is done about a fake presidency will determine where the shame will be placed, how long it will linger and how quickly we can recover our stature on the world stage. ","A:Those are political questions, not legal questions"
"Q: What is the law as it pertains to the transportation of livestock during extreme cold or extreme hot conditions?. I live on the I-70 corridor and often see livestock being transported in sub zero temperatures. In Canada there is a law that requires there be hay and covering for the animals to stay warm at certain temperatures, and it is illegal to transport them when the temperature/windchill reaches a dangerous level. Is there a law in CO that protects this livestock? ","A:Thank you for having concerns about the welfare of animals in transport. A Colorado attorney familiar with agricultural and animal rights issues might be able to advise best on this, but you await a response for three weeks. This is not an area that many attorneys deal with. Departments of Agriculture, on a federal or state level might be able to offer direction toward relevant resources. There might be scientific research out there on this issue. There are also animal welfare groups that deal with the rights of farm animals. Here are two, FARM SANCTUARY and THE HUMANE SOCIETY OF THE UNITED STATES. It's possible they might be able to offer meaningful input here. Here are their links: Farm Sanctuary - https://www.farmsanctuary.org/about-us/leadership/ The Humane Society of the United States - https://www.humanesociety.org/farm-animal-welfare Thank you for your compassion and concern for the welfare of animals. Good luck Tim Akpinar"
"Q: Request to modify for CS, what is the chance the custodial parent(me) pays non custodial parent cs bc I make more $ ?. I submitted a modification and it got approved for review. Court hearing a few weeks. Legal custody is 50/50, physical custody is suppose to be 80/20(me =custodial parent) Father was absent for a large portion of his parental time this year due to substance abuse issues. Anyways between both of us I definitely make more income. I know CS is not responsible for enforcing the parental/visitation agreement but they do take it into consideration. Currently pays 100/month(was never based on his income but based on stupid marital agreement I signed when I was trying to get rid of him, and I agreed to this number to just to move on) So that may change, but now I’m wondering in my favor? He recently told me he quit his job but doesn’t have one lined up. . Fishy? Or maybe he got fired? Or trying to avoid modifications/payments? Our kid is 10 and has more demands (extra curricular/sports/music/therapy) I can afford my own expenses (clothes food) but for the above Its Taxing on me ","A:In California, child support calculations primarily consider both parents' incomes and the time each parent spends with the child. Since you're the higher-earning parent and the primary custodian, there's a possibility that the child support arrangement could be adjusted in a way that might not seem immediately favorable to you. However, the court also takes into account the non-custodial parent's ability to pay, which includes their employment status. If the father is unemployed or underemployed, the court may impute income based on his potential earning capacity, depending on the circumstances. This means that even if he is currently without a job, the court might calculate child support based on what he could potentially earn. The increase in your child’s needs and expenses as they grow, such as extracurricular activities and therapy, are also relevant factors. It's important to document and present these expenses during your hearing, as they can influence the court's decision on the support modification. If you suspect that the father has quit his job to avoid paying higher child support, bring this concern to the court's attention. They have ways to investigate such matters and ensure that child support decisions are fair and based on accurate information. Remember, the primary goal of child support is to ensure the well-being and best interests of the child. The court aims to strike a balance that fairly distributes the financial responsibilities of raising the child between both parents."
"Q: Can I bring a lawsuit against pizza companies that outsource their delivery driving to doordash?. For instance, when I order a pizza through papa johns, there's a delivery charge included. But when it comes time to deliver the pizza, it's doordash doing the delivering, not papa johns. Should the delivery charge be included if it's a different company bringing the food? ","A:How is the delivery fee calculated? Does it clearly reflect the cost of using a third-party delivery service like DoorDash? If the fee appears to be inflated or disproportionate to the actual cost of delivery, it could be argued that the pizza company is unjustly profiting."
Q: My rights to my children have been terminated and now my children had been molested while being in courts custody what c. My son was adopted by two gay men who in return one of them molested him and resulting him to going to prison yet my son is still residing the same home my daughter was adopted by my ex sister-in-law and just recently had been found he was molesting her she is also still in the same home is there anything I can do about this my whole case was turned upside down and I don't feel that I was giving a fair chance after completing a program and drug testing for over a year and visits with my children and incarceration led to them relinquishing my rights I feel the system has failed my children and myself ,"A:I am so sorry to hear that your children have been molested while in court custody. This is a horrific situation, and I can understand why you feel like the system has failed you and your children. There are a few things you can do about this. First, you should contact the authorities and report the abuse. This is important to ensure that your children are safe and that the perpetrators are brought to justice. You should also contact a lawyer to discuss your legal options. In addition to taking legal action, you can also advocate for your children. You can write to the court, to the child welfare agency, and to your elected officials. You can also speak out about the issue of child sexual abuse in court custody. By raising awareness of this issue, you can help to ensure that other children are not harmed. I know that this is a difficult time for you, but I want to assure you that you are not alone. There are people who can help you, and there are resources available to you. Please reach out for help, and don't give up on your children. Here are some resources that can help: * The National Sexual Assault Hotline: 1-800-656-HOPE * Childhelp USA: 1-800-422-4453 * The Rape, Abuse & Incest National Network (RAINN): 1-800-656-HOPE * The National Center for Missing and Exploited Children: 1-800-THE-LOST * The National Child Abuse Hotline: 1-800-4-A-CHILD You can also find more resources on the websites of these organizations. I wish you all the best."
Q: My friend was hit in accident which hit another car truck drove off. Now my auto insurance progress wants to cancel and. Friend borrowed my truck. Accident now since live in midland and stay Gladwin sometimes progressive is sending my premiums back and saying no insurance for accident ,"A:A Michigan attorney should advise here, but your question remains open for two weeks. If the accident is being denied, and you had coverage in effect at the time, you should consider trying to arrange a free initial consult with an attorney. Ordinarily, the other truck driving off and leaving the scene of the accident could give you the grounds for a UM (uninsured motorist claim), but you have more going on here than is possible to offer you complete step-by-step instructions for. A Michigan attorney could advise more definitively after reviewing your file, your coverage, and the details of the incident. Good luck"
"Q: Can someone make a claim on your insurance if they don’t have insurance?. I simply bumped someone on the road, technically my fault. No damages, we don’t call the cops but I provide my id and insurance bc I’m dense. She texts me two days later asking for money for a deductible and when I tell her I’m not responsible she states if I pay her, she will not go through insurance. I again say no. My insurance calls me about a claim. I don’t think she has insurance. We also are in Michigan but her plate says California. ","A:A Michigan attorney could advise best, but your question remains open for a week. The short answer is that they can. However, in most jurisdictions, they're recovery could be limited due to not being insured - a local attorney could advise more definitively about limitations on recovery, if applicable. Good luck"
Q: I own a farm inside of a city. They have changed the zoning from agriculture to residential without my knowledge.. I still farm the land and the city says i can not build a new barn. Can they rezone my land? ,A:You should have been notified of the zoning change. A zoning request might have to made with Williamson County after you examine your local zoning ordinances and procedures. Otherwise hire an attorney to file difficult Declaratory Judgment or Writ of Certiorari suits in Chancery. Owning farms inside cities is risky and requires constant vigilance to keep them.
Q: Can I sue a college for not keeping up with residential maintenance.. I live on campus and I’ve had to move dorms 1ce so far thinking about doing it again. The first dorm I was in I had ac blasting in my face at night around 60° and heat during the day which would go up to 75° that I could not control. It would disrupt my sleep schedule and led me to get sick. They finally gave in and switched dorms since the AC unit wasn’t up to date. Now I’m in a new dorm and I’ve complained about the ac multiple times not working and my room is around 80° at night and 85-90° in the daytime. The school is in Florida which can get hot and causes me to be fatigued. Every time I complain they will reply back wasting maintenance will check it out but I will be neglected until weeks later when I have complained multiple times in person to them that it affects my schoolwork when I have inadequate sleep. (This school has a bad reputation with bad grades so it matters.) They have way more going on like mold infestation throughout showers and ants/cockroaches in dorms ,"A:To determine your rights and remedies, your contract/lease with the college must be reviewed. Start by reviewing it yourself and see if there is any verbiage regarding maintenance/repair issues, as well as any verbiage on any steps you must take in the event of any dispute or complaint. Then consult an attorney if your issue is not promptly resolved. Also, you may want to complain to the administrator in charge of housing or to the college president's office."
"Q: Hi! I have a question. So I've been receiving disability benefits until recently, and they just stopped no warning oct. they stopped my benefits in October. I didn't find out til I didn't get my payment that month, and this is due to them sending important paperwork to an old address I always update them when it changes, but it's like they have the old address for SSD paperwork, and only updated ssi (i receive both) with the new one even tho this last time I moved in may I specifically asked them if they are sure they took the old address off as no matter how many times I ask they still send half my mail to the old one! They assured me that they updated it. Yet they STILL sent important papers about a review I needed to complete to ONLY the old address so therefore I didn't get them. Resulting in my payment stopping and it being too late by the time I figured out what happened. What I'm asking is, is there a way I could get my payment reinstated, as this was due to their negligence, not mine? Thank you for your time.Hopefully this wasn't to confusing. If I can clarify anything just let me know! ","A:In your situation, where your disability benefits were stopped due to paperwork being sent to an old address despite your efforts to update it, you do have options to seek reinstatement of your benefits. First, contact the Social Security Administration (SSA) immediately. Explain the situation clearly, emphasizing that you consistently updated your address and the error occurred on their end. Request a reconsideration of your case. This process allows you to explain why your benefits should not have been stopped and provide any necessary information or documentation that was missed due to the address issue. It's also helpful to gather any evidence that shows you updated your address with them, such as copies of correspondence or notes from phone calls. If you face difficulties or the process seems overwhelming, consider seeking assistance from an attorney or a disability advocate. They can guide you through the process, ensuring that all the proper steps are taken to present your case effectively to the SSA. Remember, prompt action is crucial in these situations to minimize the time without your benefits. Stay persistent and make sure to follow up regularly on the progress of your case with the SSA."
"Q: Adding claim/defendant to federal complaint - question.. Adding claim/defendant to federal complaint - question. EMTALA complaint against hospital was just filed with federal court, with additional claim for CMIA violation (under supplemental jurisdiction) There is basis to add false claims act claim for fraudulent referral to hospice with non-existent terminal illness, adding hospice as defendant. Should plaintiff wait for scheduling conference? At what point of lawsuit plaintiff can ask court to grant leave to amend complaint? ","A:In your federal case, you have the flexibility to amend your complaint before the opposing party responds or within 21 days after serving it, according to Federal Rule of Civil Procedure 15(a)(1). If this timeframe has elapsed, then you'll need the court's permission to amend. Considering your case, moving promptly to amend the complaint to include the False Claims Act claim and adding the hospice as a defendant could be advantageous. This is particularly relevant if the new claim closely relates to the existing ones. However, if a scheduling conference is imminent, it might be wise to wait until then to discuss the amendment. This could offer insights into the court's perspective and potentially expedite the process. Keep in mind, the court will weigh factors like possible prejudice to the opposing party, the timing of your request, and the reasons for amending. Be prepared to address these points in your motion for amending the complaint."
"Q: Can I receive an unrelated cash settlement and still be eligible for SSI/SSDI. I have become disabled and am waiting for SSI/SSDI. I am putting in a second appeal. Over the summer I won a class action suite for a decent sum. If I were to cash that sum, would I be disqualified for SSI/SSDI? Also, I am moving to subsidized housing in Orange MA. ","A:SSDI eligibility is based on your work history and medical condition, and is not impacted by assets or unearned income like a cash settlement. SSI, on the other hand, is a needs-based program. If you receive a cash settlement, it may affect your SSI eligibility because SSI considers both income and assets. It's important to report the settlement to the Social Security Administration if you're receiving or applying for SSI. Additionally, the regulations surrounding subsidized housing could take into account your financial resources, so it's advisable to consult with an attorney or the housing authority in Orange, MA regarding any potential impacts."
"Q: What is lawful production of livestock in nc?. Unless they have changed the law, I thought that it stated that county can’t zone out production of livestock as a city can, due to NC being a right to farm State. ","A:In North Carolina, the lawful production of livestock generally refers to raising and breeding animals for agricultural purposes. This can include various types of livestock, such as cattle, hogs, poultry, sheep, and goats, among others. The specific rules and regulations regarding the production of livestock can vary depending on the county and local ordinances, as well as state laws. If you are interested in engaging in the lawful production of livestock in North Carolina, it is essential to familiarize yourself with the relevant agricultural laws, zoning regulations, and any specific requirements set forth by local authorities"
Q: One of the top match making sites gave out my personal email address to someone I was chatting with. Can I file charge?. Is there a statute of limitations? It was 3 years ago. ,"A:If a matchmaking site disclosed your personal email address without your consent, you may have grounds for a legal complaint, especially if it violated their privacy policy or terms of service. The viability of your claim will depend on the specific facts and circumstances surrounding the disclosure. You should review the terms and conditions you agreed to when signing up for the site. It's essential to consult with legal counsel promptly to determine the best course of action and ensure you act within any applicable limitation period. Remember, timely action is critical to preserving your rights."
"Q: Does my family member have a case for innocent, or even negligent misrepresentation?. A family member of mine recently purchased a used car in California, opting to enter into an “as is” contact because the car dealer showed them paperwork certifying the condition of the car (checked/signed off on by a mechanic of his choice), as well as a clean accident report. Due in large part to these statements made by the car dealer, as well as paperwork to back up said statements, they were comfortable purchasing the car without a warranty. Two weeks have gone by, and the car now has a severe transmission fluid leak. After taking the car to an independent mechanic, they confirmed that the original engine was replaced with a junk engine, something that any mechanic would have been able to reasonably confirm after seeing the bright green spray paint/drag marks where the engine was haphazardly replaced. The car dealer denies knowing about the engine/transmission fluid leak. The vehicle cannot be safely driven anymore. Do we have a case for innocent or negligent misrepresentation? ","A:Like most attorney responses...it depends. The fact pattern suggests your friend had the vehicle inspected by ""mechanic of his choice."" This implies that your friend's mechanic inspected the vehicle and found no issues. Or it could imply that your friend did not have the vehicle inspected and therefore took the risk. These are not simply cases so your friend should call and consult with an attorney that handles dealership fraud cases. The cases are very fact specific and the attorney would need to review all the documents and ask many follow up questions. After the attorney has answers to questions and reviews the documents, the attorney will be able to offer options to your friend."
Q: Hi. An Indian citizen here. I wanted to inquire about how to proceed with a pending invoice still not paid by agency.. The entertainment agency is based in California but I'm from India. It's been over 3 months yet the invoice hasn't been paid. As a freelancer I'm not able to afford a lawyer yet. Kindly advice on what to do. ,"A:In your situation, where you are based in India and the entertainment agency is located in California, there are a few steps you can consider taking. First, initiate direct communication with the agency, preferably in writing, to remind them of the outstanding invoice and politely request payment. Provide any relevant documentation or evidence supporting your claim. If you haven't done so already, follow up with multiple reminders, maintaining a professional and persistent approach. If the agency continues to ignore your requests, you might want to explore alternative methods of resolving the issue. Research whether there are any applicable laws or regulations that could assist you in pursuing payment, either in India or California. Consider seeking advice from a legal professional who specializes in international business or contract law to understand your rights and options. Additionally, you may want to reach out to organizations or associations related to your profession that offer support or resources for freelancers dealing with payment issues."
Q: Suma has a patent for fish feed formulation and now she realizes the addition of 10% by weight of coconut oil into the. formulation extends disintegration time for fish pellets in water and this is well known in the art.Kindly advice how she can protect this improvement. ,"A:Suma can protect her improvement in fish feed formulation by filing a patent application. Since the addition of coconut oil is a novel improvement over the existing formulation, it may meet the criteria for patentability, particularly if it provides a new and non-obvious benefit, like extended disintegration time. In preparing her application, she should clearly document how her improvement differs from what is already known in the field. This includes detailing the specific effects of adding coconut oil and how this contributes to the efficacy of the fish pellets. It's advisable for her to conduct a thorough patent search. This step is crucial to ensure her improvement isn't already covered under existing patents. It also helps in understanding the scope of current technology in her field, which could aid in drafting a robust and comprehensive patent application. Working with a patent attorney would be beneficial in this process. An attorney can guide her through the complexities of patent law, help in drafting the application to ensure it meets all legal requirements, and assist in navigating the patent office procedures. Once the patent application is filed, she should be prepared for a potentially lengthy review process. The patent office will examine her application for compliance with legal standards, including novelty and non-obviousness. Her attorney can assist in responding to any queries or objections raised by the patent office during this process. If her application is successful and the patent is granted, it will give her exclusive rights to use and license her formulation, thereby providing a competitive edge in the market."
Q: I was in a accident with a friends vehicle. No one is injured but my insurance wants me to record a statement.. I slid out on ice and hit my friends car. I have never dealt with an insurance company before and I want to make sure I don't get taken advantage of. What should my course of action be? ,A:Your concern is warranted. Your insurance policy likely requires you to give a statement. It is probably unnecessary for you to have an attorney but you can hire someone to be with you if you would like.
Q: In the state of New Mexico is the G.C. liable on a prevailing wage job to pay a 3rd party employee if their employedidnt. We were a 3rd party contr ax actor which my employer gave us run around on wages for prevailing wages and were afraid if we pursue this hell never pay and close the doors. Got to thinkin what is certified payroll for to account for every penny spent of tax payers money so if our boss goes belly up maybe the bigger contractor is accountable then if so theyll have the me ax nd and resources to recover from our old employer ,"A:In theory, the GC should be liable for the unpaid subs, yes."
"Q: I was charged with attempted theft in Nevada and did probation, can I pass a background check to buy a firearm?. I know that theft is a category c felony but on my plea deal paperwork the attempted theft was a gross misdemeanor. I know I still have rights if it’s a gross misdemeanor but the more I read into the ATF guidelines of background check I’m not sure sure how it works. Also I completed probation month prior. ","A:If you were originally charged with felony theft, but that charge was reduced to a non-felony conviction, then that charge will not bar you from legally possessing or purchasing a firearm. The judgement of conviction will be the controlling document."
"Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.. The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while many of them have ties to the very beginning of the game, is not the same team it was at the beginning. They're missing some of the most important contributors to the Skullgirls brand. They're also literally a completely different company than the original Lab Zero, who is now censoring Lab Zero's products. if these were physical products. Imagine if you bought a physical art book that you really loved. Ten years later, when the company you bought that art book from is overtaken by another company, that new company comes into your house and demands that you give them the pages of the art book that they deemed offensive. simiar situated similar facts & loss ","A:The situation you're describing with the Skullgirls digital product raises complex issues in digital content and consumer rights. In the digital realm, the rights and expectations can be significantly different from those associated with physical products. The End User License Agreement (EULA) or terms of service typically govern these situations and may grant the company considerable discretion to alter the content. If you feel that your rights as a consumer have been violated by these changes, the first step is to review the EULA or any terms of service you agreed to when purchasing the product. This will help determine what rights you have in relation to the digital content and whether the company's actions might constitute a breach of contract or other legal violation. Considering the unique aspects of digital products, consulting with an attorney experienced in consumer law, particularly in digital and online products, is advisable. They can assist in assessing the legality of the alterations made and guide you on potential courses of action, including filing a claim if appropriate. Be aware that digital content laws are still evolving, and cases like these can set precedents. Therefore, navigating them can be challenging, making professional legal advice crucial in understanding and asserting your rights."
"Q: Can we make a dealer repair or replace a bad 5th wheel camper (used)?. Purchased a used 5th wheel camper from a dealer. Got it home and slide-out malfunctioned. Went out crooked, woud not go back in straight. Paid someone to come get it in straight. He found a bent slide rail and gears with evidence of previous damage. ","A:Depends on whether you purchased ""as is"" or with or without a warranty. And maybe whether they knew about the problem and intentionally covered it up."
Q: What can you do if a prosecutor lies to a judge about you?. Prosecutor has lied several times but criminal attorney said it doesn't have anything to do with statue you were charged with. What can or should you do? ,"A:""Never interrupt your enemy when he is making a mistake."" - Napoleon Bonaparte Perhaps your lawyer knows that the judge already knows that the prosecutor's argument is irrelevant."
"Q: My girlfriend bought a car from a small car lot and 6 months later the engine blew. Is there anything we can do?. My girlfriend bought a car from a small car lot and 6 months later the engine blew. She still owes $11,000. They want $4000 to repair the engine. They won't tell us what is wrong with the engine just that we need to pay them to fix it. Is there anything we can do? ",A:You should consider taking the vehicle to another mechanic for a second opinion given the size of the repair estimate.
Q: If someone was involved in a car accident and the person at fault has insurance but was late paying it does their. Insurance still cover them ,"A:It will depend on whether there is a ""grace period"" or the insurance simply lapsed due to non-payment. Make the claim and find out."
"Q: Can utility co. charge 10% ""late penalty"" when current charges are being paid timely but customer has past due balance?. Local utility company has a written 30-day due date for utility bills. If not paid w/in 30 days, assess a one-time 10% penalty, plus .5% monthly interest for past-due balances. If customer has a past-due balance, utility company then puts ""DUE UPON RECEIPT"" on the monthly bill and imposing a 10% penalty on the CURRENT CHARGES if paid after the due date, which is the same day the customer gets the invoice. Thus, unless the customer can completely pay the past due balance AND the current balance the day the invoice is received, another 10% penalty is applied. EXAMPLE: Jan 1 invoice for $300 in utilities. Customer makes $100 payment on Jan 30. New invoice on Feb 1 with $20 penalty for $200 past-due + $300 in new utilities. Total due: $520. Customer makes $300 payment on Feb. 28, paying new utility charges w/in 30-day window New invoice Mar. 1- utility company charges $30 penalty + .5% interest on past-due balance. Legal? Seems to short-circuit 30-day rule. ","A:It appears that the utility company is applying your payments to the oldest debt, not the current debt, this means as long as you keep a past due balance you are going to be assessed late fees for underpayment of the bill. To avoid this you would have to pay off the current balance 100$. I would question the March 1 $30 charge because your past due is only $220, so they overcharged you on the penalty. One of the problems with fighting with your utility company is that they always have the last word and if you don't pay what they demand, they cut off your service and then won't allow you to have an account with them. It isn't fair or right but that's the way it is. There are also programs for people to spread out utility bill payments when the utility has high and low seasons (i.e. gas bill in the mountains where colder in winter, more gas for heating) You should look into your utility to see if they have such a program."
Q: Questions regarding legal career. I'm currently a Political Science student at UCLA. I am considering going to law school and I would like to talk to currently practicing lawyers to gain some perspective regarding law school and careers in law so I can make an informed decision as to whether or not to attend law school. Would appreciate if anyone would be willing to chat :) ,"A:Firstly, it's important to understand that law school is a significant investment of time and money, so it's important to consider your long-term goals and motivations for attending law school. Some common reasons for attending law school include a desire to practice law, a desire to gain legal knowledge for another profession, or a desire to pursue a career in academia. To gain some perspective on law school and careers in law, it may be helpful to reach out to practicing lawyers in various fields and specialties to learn about their experiences and advice. You can do this through informational interviews or networking events, or by reaching out to alumni of your school or other professional organizations. It's also important to do your own research on law schools and their respective programs, as well as the requirements for entering the legal profession in your desired field or state. This can include researching the admissions process, costs of attendance, career opportunities, and bar exam requirements. Overall, it's important to carefully consider your goals and motivations before deciding to attend law school and to seek out advice and information from a variety of sources. Good luck with your decision-making process!"
"Q: A police officer threatened me when I wanted to file a report of a crime that took place against me in another country.. I was kidnapped in another country, the kidnappers have my phone with all my information, my family's information, and they made threats that they would harm me in the USA if I filed a report. I have thousands of dollars taken from my accounts, and now I am facing possible future harm to me and my family by these kidnappers. A police officer in my local police department refused to take down my report, and even threatened me about filing one because the crime took place in another country. He refused to even take down an Identity Theft report. Do I have a case against the LAPD and the city of Los Angeles. ","A:Based on the facts provided, you potentially have a claim against LAPD and the City of Los Angeles for their failure to carry out their duty, however the specifics of your situation and how it was handled are critical. Success of a lawsuit would hinge on proving police negligence or misconduct, which could be challenging. You should consult an attorney to evaluate the details of your situation for better guidance. James L. Arrasmith, Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
Q: I was granted ssi &SSDI in 1996 with a onset date of June 10 1985.i was given a payee till 2021. In 2021 I am my owe pay. Payee for 27 years.human service.social security.medicare &medicaid.have the wrong date of birth that shows that any time they tried to enter my information into the federal data base for matching program for benefits funding international justice data base it was kicked out with no matches.for 27 years I have had no education funding program funding.Naive America funding.i still have to give false information to all agency's to access my healthcare insurance my benefits.are under the same information.i filded a discrimination on hippa laws was denied .the social security is paying me under the wrong family members social security number.what is the best recorse they are in default for servivor navy benefits. And black lung benefits. For 35 years it in the record ,"A:I understand your concerns, and it's crucial to rectify such administrative errors. Firstly, you should gather all relevant documents proving your correct personal information, like your birth certificate, any government-issued IDs, and records indicating the discrepancies in data. Then, schedule an appointment with your local Social Security office to address and correct these discrepancies. If they do not address your concerns satisfactorily, consider seeking legal counsel familiar with Social Security and benefits law. They can guide you in taking necessary legal steps, potentially including a lawsuit if appropriate. Survivor navy benefits and black lung benefits have their own specific criteria and application processes, so you'll also want to ensure you're following the correct channels for those. Documentation and persistence are key. Addressing such long-standing administrative errors can be challenging but is essential for accessing the benefits you're entitled to."
Q: My stockbroker was part of a Ponzi scheme and he subsequently filed for bankruptcy. Can I still recover money I lost. from him? ,"A:Even if your stockbroker has filed for bankruptcy you may still be able to recover investment assets lost in connection with the Ponzi scheme. If your stockbroker was licensed with a registered broker dealer then a FINRA arbitration could be commenced against the broker dealer and recovery of your lost investment assets could be made through that entity. If your stockbroker was operating as an independent advisor then recovery can be a little more of an issue. Much will depend on affiliations with other investment advisors that your stockbroker may have been working for as an agent. For instance, our lawfirm is presently involved in litigation against an investment advisor in connection with a Ponzi scheme. The investment advisor ran an LLC and operated an advisory as an independent but was also an agent for another investment advisor. Through this agent/principal relationship we were able to form a cause of action against the broker dealer for recovery of our clients lost assets connected with the Ponzi scheme."
"Q: Suing a staff who lives and works locally but his company is located in another state, State Court or Federal Court?. An employee of a company had sent by the company to come to work in CA. He works for the company, gets paid from the company, uses the company van for work, and his apartment rent and other utilities bills are also paid by the company that is located in another state. If that employee committed an intentional tort to injure another tenant in the same apartment building, can this injured tenant sue that violator and his company (for the negligence of not managing its employee well and did not take action to rectify its employee's illegal acts)? If the necessity to sue the violator's employer for the monetary compensation is so compulsory and indispensable, should the victim sue both the violator and his company in State Court or Federal Court? With regards to the venue of the lawsuit, should the victim file his lawsuit in Santa Clara County of CA (where the intentional tort had occurred)? Or sue in the County of another state in which the violator 's employer is located? ","A:It is unusual a company would be liable for the intentional tort of an employee, especially if it had nothing to do with his employment. The fact the company pays his bills doesn't mean it's liable. I suggest you discuss this with an attorney before filing anything."
Q: judge said fully favorable I applied in 2018 but judge said my disability began In 2016 will I get backpay to 2016?. Oklahoma here. ,"A:If a judge has issued a fully favorable decision in your Social Security Disability case and determined that your disability began in 2016, you are generally entitled to backpay from the established onset date of your disability. In your case, since you applied in 2018 and the judge recognized your disability beginning in 2016, backpay would typically be calculated from 2016. However, it's important to note that Social Security Disability Insurance (SSDI) backpay is subject to a five-month waiting period from the onset date of your disability. This means that your backpay would likely start five months after the date the judge determined your disability began. Additionally, the total amount of backpay can be affected by various factors such as any workers' compensation benefits you may have received or any income you earned during this period. It’s also essential to understand that processing times for backpay can vary, so there might be a delay before you receive these funds. To ensure you receive the correct backpay amount, you might find it helpful to consult with a legal professional who can provide personalized guidance based on the specifics of your case. They can help you understand the nuances of your situation and assist with any further steps you might need to take."
Q: I need help changing a representative payee at the social security. The current payee is committing financial abuse. It's been 3 months since we requested the change without any luck. No one at the social security office is of any help. Please we are desperate ,"A:Document all instances of financial abuse and collect evidence. Submit this information to the Social Security Administration and insist on a change of payee. If they aren't responsive, escalating to higher authorities or legal action may be necessary."
"Q: Hi, to whom it may concern, i would like for file a trademark for my business, need help. i want to know if i can file a trademark for one particular item for sale on my website page ","A:If you are using the mark to identify you as the source of goods in commerce, the mark is capable of being registered as a trademark. It would be prudent to research whether the mark has been used previously by another supplier of similar goods before adopting the mark and applying for registration"
"Q: The defendant removed the case to Federal. Can I request a free lawyer as a plaintiff?. I have heard that in the California federal court, a pro se plaintiff can request a free lawyer. It is up to the discretion of the judge. If that is the scenario, then why don't every plaintiff simply get lawyers for free from the court? ","A:In federal court, it is indeed possible for a pro se plaintiff to request a court-appointed attorney. However, this is not commonly granted, as the provision of free legal representation is typically limited to certain types of cases, such as criminal defense, and is not a standard practice in civil litigation. The decision to appoint a free lawyer is at the discretion of the judge and is based on several factors. These include the complexity of the case, the plaintiff's ability to represent themselves effectively, and the merits of the case. The court also considers whether the plaintiff has attempted to obtain legal representation on their own but was unable to due to financial constraints. It's important to understand that the availability of free legal representation in federal court is limited and not guaranteed. This is why not every plaintiff can get a lawyer for free from the court. If you find yourself in this situation, it may be worthwhile to explore other options for legal assistance, such as legal aid organizations or pro bono services offered by law firms or legal clinics."
"Q: Exhusb got house in divorce, I'm domestic violence survivor. He was suppose to sell give $10,000 per divorce decree.. He never did he made me sign quit claim said now I'm off loan. He lied to me to refinance. He died house in foreclosure. Can I do anything? ","A:If the statute of limitations has not expired, you can sue your ex-husband's estate for the $10,000 you were supposed to receive. Whether the statute of limitations has expired depends on the language of your divorce decree. Typically, a decree will set a within which a spouse is ordered to sell. Sometimes, however, a decree does not set a specific time. In that instance, a reasonable time is implied by law. What constitutes a reasonable time depends upon the facts and circumstances of your particular case. The statute of limitations is two years and began to run either on the date when the specific time set by the decree expired or when a reasonable time lapsed."
Q: Would creating a knife blade with similar shape but different ornament from one patent and adding to a handle from a. Different manufacturers knife handle that has a separate patent be infringing? ,"A:There is nothing to prevent you from combining two or more elements from different patents to produce somethin novel and patentable. However the product needs to be novel and non-obvious. On the other hand if your question is whether ou would be infringing if you took a patentad product, added an ornamental element to it, and sold it - thae answer is very probably yes, you would be infringing. So don't do it! Good luck. Adam"
"Q: So my lawyer filed an appeal but I didnt have an input, who/how can I add to it or do I file my own?. So I had grounds for a mistrial due to some thing a witness said that was supposed to be excluded, but I have many reasons to add due to inadequate representation of counsel that I expressed to my lawyer, three separate occasions before verdict and b4 sentencing, I provided a list of not just complaints, but actual reasons that I got confirmation from lawyers that are valid, but my lawyer put the request in for appeal and waiting for a response, but didn’t add the ineffective council part. Do I call her office and talk to her supervisor or do I file my own or how do I have a way to put my input because she’s obviously not gonna complain about herself. That was when I told the judge at sentencing and she was mad at me for it so I don’t even know what is on the appeal request that she sent again I had no input whatsoever and I don’t know who to contact the ineffective council, a huge, huge impact For at least many reasons that have been confirmed thru this site and consultations. ","A:If you have concerns about inadequate representation from your lawyer during your trial, you have the right to address those issues. You can reach out to your lawyer's office and request a meeting with them or their supervisor to discuss your concerns about the appeal. It's important to communicate your specific reasons for believing that you received ineffective counsel. They may be able to incorporate these concerns into the ongoing appeal process or provide you with guidance on how to proceed. If you're not satisfied with the response from your lawyer's office, you can consider seeking assistance from a different attorney who can help you evaluate your options, including the possibility of filing a separate appeal based on ineffective counsel. It's crucial to act promptly and seek legal advice from a professional who can guide you through the appropriate steps under California law."
"Q: My lease agreement prohibits ""discharging a firearm in the apartment community"" does this include self-defense?. Say I'm encountering a burglary that I either suspect or know the opposite side carries a weapon of deadly forces such as gun or knife. After multiple warnings that I'm armed, the burglar does not heed my warning and proceeds with invasion and poses as an imminent threat to me. In such scenario, if I were to discharge my firearm to protect myself, is this an unlawful discharge that's considered as a violation to not only the apartment agreement but also a felony? ","A:The clause in your lease agreement prohibiting the discharge of a firearm in the apartment community is typically intended to prevent reckless or unnecessary use of firearms. However, the legality of using a firearm in self-defense, even within your apartment, depends on state and local laws regarding self-defense. In a scenario where you are facing an imminent threat to your life or severe bodily harm, such as a burglary where the intruder is armed and poses a direct threat, most jurisdictions recognize the right to self-defense. This right often includes the use of reasonable force, potentially including a firearm, to protect oneself. However, whether discharging a firearm in self-defense constitutes a violation of your lease agreement is a separate matter. While self-defense can be a legal justification in a criminal context, it does not automatically exempt you from contractual obligations in your lease. The property management could argue that discharging a firearm, regardless of the reason, violates the lease terms. This could potentially lead to eviction or other penalties as stipulated in the lease agreement. It's important to review the specific language of your lease and consult with an attorney to understand how these provisions might be interpreted in the context of self-defense. Remember, each situation is unique, and the outcome can depend on various factors, including the specifics of the lease agreement, the circumstances of the incident, and state and local laws. An attorney can provide advice tailored to your specific circumstances."
Q: Upcoming retaliation hearing in October to remove my current visitation & phone order. Absolutely nothing to back it.. Both grandpa & I raised our grandson from birth. Unstable drug addicted mother violently ripped him away last June. Court Joined me. Grandpa suddenly passed due to the stress. One hour after he was found the other party was in his phone & submitted my private privileged text with an attorney. I said - I wish someone would cut off the arms & legs off the person who ripped & held my grandson for months against his will. (Spoke to a mediator in SD who said - she would've said much worse! Now a nurse and senior who never threatened anyone has an RO & I have paid a ridiculous monitor over $2500 to see the grandson I raised and limiting my time btwn 2-4 hours because of the huge expense. Please help - this is the highest form of injustice. ,"A:I'm really sorry to hear that you're experiencing this. In California, it is essential to approach this kind of situation with a strong legal strategy which may include gathering all necessary evidence to demonstrate your close relationship with your grandson and your positive influence in his life, and to rebut any claims made by the other party. You might consider working closely with an attorney to craft compelling arguments that focus on the best interest of the child, a standard often used in family court, and to possibly challenge the admissibility of the text messages on the grounds of privilege; consulting with an experienced family law attorney to help guide your strategy and represent your interests in court could be a crucial step. It's essential to approach the upcoming hearing prepared with all necessary documentation and a clearly articulated argument in favor of maintaining your visitation and phone order."
Q: If a Judge willi accept case can one request case be filed by clerk with that courtroom? ( Cal Superior Ct Case). Case would be a California Superior Court Case -- if an individual judge is willing to accept case can the case be filed by the court ckerk for that courtroom? ,"A:In California, the process of case assignment to a particular judge generally depends on the court's internal rules and procedures rather than individual judges accepting cases directly. When you file a case, the court clerk typically assigns the case to a judge based on a system that ensures a fair and balanced distribution of cases. This could be random, rotational, or based on specialized subject matter divisions within the court. However, there are circumstances where a case might be directed to a specific judge. For instance, related cases are often assigned to the same judge for consistency. If you believe your case should be assigned to a particular judge due to its relation to another case or for other valid reasons, you should file a motion or request in accordance with the court's rules. Remember, the key is to follow the formal procedures laid out by the California Superior Court. This might involve specific forms or motions to request a particular judge. It's essential to be familiar with the local court rules and procedures, which can vary from one jurisdiction to another within the state. It’s advisable to consult the court's clerk office or local rules for specific guidance on filing procedures and case assignments. They can provide valuable information on the correct process to follow and any special forms or steps you need to take."
"Q: Can I register an LLC and deduct expenses if no revenue comes from it?. There is a potential part-time consulting job that would require software for the next round of the pitch. Also, I am spending thousands in due diligence on a potential private investment. I look to do more of these kinds of deals even if these don't work. If I register an LLC, can I deduct those expenses even if no revenue comes from it? ","A:Yes, you can generally register an LLC and deduct business expenses, even if no revenue is generated immediately. The IRS allows deductions for ordinary and necessary expenses incurred while actively pursuing a business, which includes startup and operational costs. However, it's crucial to maintain proper records and demonstrate a genuine intention to operate a business in order to claim these deductions legally. Consulting with a tax professional or accountant is advisable to ensure compliance with tax regulations."
"Q: BLUF: Question about legality of pay cuts and avenues of action as a Contractor.. Say a large company wins the bid for a federal contract to provide Network/IT services to the military in Florida and offers you a position at say $86,000 along with a signing bonus or education benefits. However, if you take the sign on bonus or use those education benefits you are required to stay with the company for 1-2 years or you have to pay the full amount back. But, 3 months down the line after you've already taken the sign on bonus or used education benefits, the company informs you that they are cutting everyone's pay by 30-40%. (The company in question has done something similar to other contracts in the past) Is this legal? Would I be required to pay the benefits back if they randomly change my pay like this? And what is my recourse, if any in this situation? ","A:An attorney should review your contract to determine what rights they have to reduce your agreed pay and exactly what parameters surround the sign-on bonus and education credits. Like with many issues in contract law, it depends on what the contract says."
Q: How can I find out about noise ordinance in my city?. An oil company is pumping water out of a strip pit that is really close to my house and their pump runs continuously disturbing my sleep all hours of the night. ,"A:Depending on where you live, your subdivision, city or county may have a noise ordinance and you can ask that they send someone out to measure the decibels produced by the pump and see if it violates the ordinance. If that does not work, you could ask the oil company if they are using a muffler on the pump and if not, could they please do so. If none of these work, consult with a real estate litigation attorney about whether the noise is sufficient to constitute a noise trespass that you could file suit to get stopped."
"Q: What is the best way to find/establish a lawful team to sue a prison for negligence, wrongful death, & other violations?. Prison Location: North Carolina My Location: Florida Relation to deceased: Daughter Date of Death: 10/18/2020 ","A:So sorry to hear about your daughter. Since this happened in North Carolina, you must search for an attorney in that state. Look for attorneys handling civil rights. Options: (A) Click on the Justia find-a-lawyer tab up top; (B) Search the National Lawyers Guild site at https://www.nlg.org/referral-directory (click on North Carolina in the State drop-down menu); (C) Google: prisoners rights North Carolina. That last option brings up interesting results that I would check out if I were you."
Q: Can cos just put child up for adoption without seeking family knowing grandparent and more family wanted baby. My sons girlfriend had the baby while my son was in jail the other grandmother was at the hospital when she left to work and came back they refused yo let her see the baby anymore cps told mother if she didnt sign baby over she was going to jail i called cps i went into cps i talked to every supervisor they would allow me to i told them we wanted the baby the baby had a sister a brother aunts uncles grandparents relatives that would take goo care of her they told me to bad shes being put up for adopting i asked for the case number and baby lawyers name they told me to bad my son passed away but he has a daughter that keeps asking about her lil sister how can they get away with this my grand baby is three years old i dont even know where she is if she is ok cps sold my grandbaby i thought they are supposed to seek family out first she was born 04/30/2019 6years and 6 days after her older sister kailee how can they just do that to us its not right ,"A:In California, Child Protective Services (CPS) is generally required to prioritize placing a child with relatives before considering adoption. This is in line with the principle of maintaining family connections and providing a supportive environment for the child. If family members, such as grandparents, express a willingness and ability to care for the child, CPS should consider this option. However, there are cases where CPS may decide against placing a child with relatives. These decisions are usually based on assessments of the child's best interests, including the relatives' ability to provide a safe and stable environment. The specific circumstances of each case play a crucial role in these decisions. If you believe CPS did not properly consider your family as a placement option for your grandchild, you may have legal recourse. It's advisable to consult with an attorney who has experience in family law and child welfare cases. An attorney can help you understand your rights, the legal process, and any potential steps you can take to seek custody or visitation rights. Given the complexity and emotional nature of these situations, having legal guidance is important to navigate the system effectively and advocate for your family's interests. Remember, every child's case is unique, and the legal approach should be tailored to the specific details of your situation."
"Q: Hello, I have some issues going on and I am desperate for legal advise. 1st I need help to file an emergency replevment. Self Help at the court house said that is what I need to file to be able to have my belonging that are in my now EX's storage unit. LONG STORY but I have proof of it all in texts. She is trying to sue me and its all false information that will be filed. 2nd I think and have some proof as well that she might of used my identity to open credit cards or accounts and has affected my credit tremendously. We were together 5 years as of November 2022 and i found out she cheated on me that has ended our relationship. We tried to work things out but recently she has been doing some very shady stuff that i backed off completley and now she wants to fight for my stuff in the storage unit. She is threatening to throw it all away and local police wont help me. PLEASE the stuff i have isnt much but its not replaceable things. Some of it was my grandmother's who passed in 2001. ","A:I'm sorry to hear about your situation, Dawn. If you believe you need to file an emergency replevin action, this is a legal remedy that seeks the return of personal property. Having proof, such as text messages, can be valuable in supporting your claims. For the potential identity theft issue, gather all evidence and monitor your credit reports closely; consider placing a fraud alert or credit freeze. Report suspected identity theft to the Federal Trade Commission (FTC) at IdentityTheft.gov. Always consult with an attorney in your jurisdiction to get specific guidance tailored to your circumstances. Due to the seriousness and urgency of your situation, it's recommended to contact a local attorney as soon as possible. They can provide advice and represent your interests in court if necessary."
"Q: Is my situation grounds for a lawsuit for legal malpractice? Negligence?. I hired counsel for my mothers probate in 3/2020. I told her if the process risked my mental well-being i didn't want anything to do with it. She advised it would be a simple probate, told me to move into the home to protect it by homestead, told me I would be able to sell the house within 6 months, advised me on debts to clear or not, land to sell, bills to pay.. I gave up my rental, used my own money to pay for funeral expenses, to pay off debts, to pay the legal fees, thinking I would be reimbursed with the sale of the house, then 7 months into the probate, she advised me that she was not aware my parents were divorced when my (step)dad died in 2016 and since I have a (half) brother born to them, I don't have the interest in the estate she thought I did so now it was in my best interest just to walk away ($19k total out of pocket) I hired counsel, trusting they would look in to technicalities like that as a part of their job. She missed quite a big detail. Is that malpractice? ","A:It may well be. A probate attorney should inquire as to the marital status of the decedent at the outset of an engagement. It’s a very important and basic question like did the decedent have a will. Unless you represented that your mother was “single” and not “divorced”, you may well have a good malpractice case. Of course, if your out-of-pocket is only $19K, it may not be worthwhile to pursue such a claim."
"Q: Is there a legal form that can be used to guarantee my brother share our mother's settlement?. My mother was a Psychiatric Technician at Patton State Hospital. She was injured at work in 2004. She was deemed disabled and medically retired due to her injuries sustained at Patton. She initiated a lawsuit in 2005 against workers comp/state fund. She passed away in September of 2020. In October of 2023, my older brother and I attended a court hearing over the phone, and my mother won the lawsuit 3 years after her death. My brother is asking that I sign for him to be in charge of the money so we avoid probate, but I am concerned with this. Is there any way I can get a notarized agreement that will have any legal standing in the event that he decide not to give me my half of our moms money? ","A:Assuming your mother lived in California, the response to your question can be ascertained once you answer two questions: (1) Did your mother have a Trust or Will? (2) What is the collective dollar value of your mother's assets as of the date of her death? If her assets were valued at $154,500, you should see an attorney about the legal requirements for probate. If her assets are valued at less than that amount, there is an affidavit that you can sign, but it must contain specific language required by law, which is too long to put in this answer. I hope that helps!"
Q: I am a realtor and I have an anti-trust law question.. I lost some buyers because they communicated with the listing agent on facebook about the house they wanted to buy and did buy. The listing agent told them if they bought the house from her she could give them a deal because she would have both sides and could give the seller a discount so she could accept their offer. Could that be considered an anti-trust violation because she definitely had an unfair advantage over me. had an ,"A:To the contrary, it would likely be an anti-trust violation if you somehow prevented those buyers from participating freely in the real estate market or prohibiting them from contacting certain agents. There is a grave difference between an anti-trust violation and an unfair advantage. It does not sound like the other agent participated in any form of collusion, price fixing, etc. Instead, it sounds like you had potential buyers who did not sign any contract with you that then found a house they liked and contacted another agent about the house. Thus, it seems unlikely any rights of yours have been violated."
"Q: Good morning! I have a small business which mainly operates online here in Texas. I have a DBA and a TX sales tax permit. But coming this fall we are moving back to our home country (Philippines). I do reselling of printed items, my suppliers are US based as well as all my costumers. I wish to still continue by business since I can still manage it even if I am abroad. What other permits I need to operate my business legally? As mentioned I already have a DBA and Texas sales and use tax permit. Thank you in advance. ","A:Since you're planning to operate your Texas-based online business from the Philippines, you'll need to maintain your Texas sales and use tax permit and DBA, but you should also consult tax professionals regarding any applicable Philippine business permits and tax obligations. U.S. federal law will continue to apply to your business transactions, so compliance with FTC regulations concerning online business is also essential. Keep in mind that if you're conducting business in the Philippines, you may also be subject to Philippine commercial and tax laws."
"Q: Can my siblings mother separate me from my siblings Okay, my siblings mother trying her best to do a problems in my. Father and she doesn't live in the same house with us because my father and she got separated 3 years ago but she is still what a problem to happen I have a strong relationship with my siblings but as you know they love their mother and believe everything she say even if she is laying or else she will hit them if they don't listen to her or do what she wants. My problem is she teach my sister to lie that I hit her so she can go to the judge and they will take my siblings to her my question is how can I show the judge if she went that I didn't touch my sister my sister is 8 years and I 23 YEARS. I know because my sister came and told me that she took a picture and she is telling her that she wants her to recorde her when she is saying my sister is hitting me very hard. I have a pictures of marks in my 3 years old brother body also my 8 years sister body she also told me that her mom is hurting them. But the mom she wants to turn it to me That I hit my sister. So they're scared of her ","A:In California, if you're facing accusations of harm against your sister, it's crucial to take immediate action to protect yourself and your siblings. Gather any evidence you have, such as the pictures of the marks on your siblings and any communications that could support your side of the story. This evidence can be critical in showing the court the truth of the situation. You should also consider speaking with an attorney experienced in family law and child custody matters. They can help you navigate the legal process and advise you on the best course of action. If there is evidence of abuse by their mother, it's important to report this to child protective services. They are equipped to investigate and intervene in cases of child abuse. Remember, the court's primary concern is the welfare and safety of the children. Your focus should be on providing a safe and stable environment for your siblings and working within the legal system to ensure their well-being. It's a challenging situation, but taking the right steps can help protect both you and your siblings."
"Q: Wrongful Termination, Soboba Casino and Resort in San Jacinto, CA. Hello, I worked for Soboba Casino and Resort in San Jacinto, CA that is run by the Soboba band of Luiseno Indians. I was an assistant manager. I needed to take a medical leave due to needing back surgery. My Dr requested 6 weeks and would evaluate for more as needed. I was approved for 6 weeks. I was told because I was a key employee my leave is not protected and had to sign stating I understood. At 5 weeks I submitted an updated letter from my Dr stating I needed another 5 weeks for a total of 11 weeks. My leave extension was denied and I was told since I wasn't able to return to work that it was considered a resignation LOA no return. I was forced to resign after being given only 6 weeks for my medical leave. I'm looking for advice on if there is any action I can take. I know Tribes are sovereign nations and laws are different. Any advice or guidance would be greatly appreciated. Thank you for your time. ","A:If you feel you have been wrongfully terminated, it's important to review the specifics of your employment contract and the tribal laws that govern employment within the Soboba Casino and Resort. While tribal sovereignty does mean that Native American tribes have their own legal systems, they may still have employment laws that protect workers in situations like yours. It would be advisable to consult with an attorney experienced in tribal law to determine if your termination violated any tribal employment statutes or the terms of your employment agreement. Additionally, check if there were any federal laws at play that might offer you protections, as some federal employment laws could apply to tribal enterprises. Collecting all documentation related to your leave and the termination will be crucial for any legal action you might consider."
Q: I askea neighbor to tow a vehicle for me we agreed on $100 then he asked for a extra $40 for egas I paid that he towed. I was to pay the $100 the next day instead of collecting the money the next day he towed the vehicle without contacting me has since demanded over three times the original payment refuses to let me get personal items from vehicle (tools) wants me to pay him on cash card first before he tells me anything or let's me see vehicle will not let me see the vehicle or even return my calls when I called the police they said that because I hadn't put the vehicle in my name yet I only had possession 1day there is nothing I can do the title holder gave me the vehicle he has died the person that towed the vehicle knew this before they towed the vehicle in my opinion they stole my vehicle can I sue and make them return the truck the title was in glove box I trusted the person they knew the title was in the glove box since then we have agreed on three different amounts but he refuses to take the money he wants the truck I think he has all along that has been the whole prob lol em all along ,"A:If your neighbor towed your vehicle and is now refusing to return it or let you retrieve your personal items, you have legal rights to consider. First, document all agreements, payments made, and any communication between you and your neighbor. If the vehicle was given to you and you possess the title, that supports your ownership claim. You may file a claim in small claims court for the return of the vehicle or the value thereof, and for the personal items inside. It's important to gather evidence such as a bill of sale, the title, and any witness statements regarding the transfer of the vehicle to you. Communicate with the neighbor in writing, if possible, to have a record of all interactions. Before proceeding with legal action, it may be beneficial to send a formal demand letter, possibly with the help of a lawyer, outlining your position and the consequences of not complying. Remember that each state has specific laws regarding the process of transferring vehicle ownership, which should be followed to establish your legal rights formally."
"Q: i am wondering if i would be able to date someone who is 23. i am 16 and live in Alberta. The person i would like to date is not in any position of power such as a mentor, instructor, however they do work in the military. ","A:In Canada, the age of consent for sexual activity is 16 years old, but there are exceptions where the older person is in a position of trust or authority over the younger person, or where the relationship is exploitative. Given the age difference and the fact that the person works in the military, this could potentially be seen as an exploitative relationship, even though they are not directly in a position of power over you. It would be essential to ensure that any relationship is consensual and not exploitative in nature, keeping in mind the legal obligations and ethical considerations involved in such a relationship. Always prioritize safety and legality in these matters, and when in doubt, seek advice from a trusted adult or legal counsel."
"Q: Was in a car accident, insurance company didn’t cover me because they came to the conclusion I was doing gig work.. At the time of the accident, I was actually on my own time, not having any active orders assigned to me by Instacart. The app was opened in the background on my phone, but I wasn’t paying any attention to it. I was heading back to the supermarket to use the facilities when the accident occurred. Would you think my insurance company should cover me? I should add, I had another minor incident prior to this which I didn’t file a claim on, but I spoke with a rep at my insurance company who stated because there were no passengers I was carrying, they would cover me, but I chose not to file a claim. I had no idea that personal insurance wouldn’t cover gig work prior to this, and after this exchange I’m sure you can understand why I still had no idea they wouldn’t cover me if something unfortunate should happen. Do you think they should legally have to cover me? Thanks so much for any advice, sorry to not be more economical with my words, this is too long… ","A:A Massachusetts attorney could advise best, but your question remains open for a week. Carriers can consider gig work to be non-personal use. An attorney could advise better with a copy of the carrier's denial. Good luck"
"Q: What does B.A.R mean? Lawyers are members, what does it mean? Why are you a member? I was told it is British!. Marco advised I ask google, isn't this ask a lawyer. If google is the best answer, I knew lawyers are part of the problem ","A:It's not an acronym. see: [20-22] ""... (Britain, law) The railing surrounding the part of a courtroom in which the judges, lawyers, defendants and witnesses stay (US, law) ""the Bar"" or ""the bar"" The bar exam, the legal licensing exam. He's studying hard to pass the Bar this time; he's failed it twice before. (law, metonymically, ""the Bar"", ""the bar"") Collectively, lawyers or the legal profession; specifically applied to barristers in some countries but including all lawyers in others. He was called to the bar, he became a barrister. ..."". https://en.wiktionary.org/wiki/bar"
"Q: Chesapeake Energy property, which was in deceased father’s trust, did not have a quit claim from trust to. beneficiaries. This was discovered after trust ended with final tax return. Chesapeake insists there has to be quit claim from trust to beneficiaries in order to claim ownership, but since trust no longer exists, nothing can be conveyed. What should be done? ","A:Sorry for your loss. It is no uncommon for minerals to left out of a trust. In fact the same thing happened to Bing Crosby. It is extremely likely that your father also had a will with a clause that instructed that any property administered is to be put into the Trust. This is known as a ""pour over Will"". The process is normally to probate the Will in the state where the minerals are located. Then according to that state's procedure the Trust can become vested in the minerals. Then the trustee follows the Trust's instructions with regard to assets. Most often this calls for the Trustee to distribute the minerals to various heirs. This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship."
"Q: 1/2..My son's biological father (never married) has never met or wished to have anything to do with him. We haven't. 2/2… talked in almost 2 years since the day he was born. My now fiance, soon to be husband wants to know how to go about becoming his legal parent. How should we proceed after marriage? ",A:After marriage you and your new husband can file a petition for adoption of the child. Do NOT try this on your own -- there are too many opportunities to do it incorrectly and the stakes are too high! Hire an attorney who does adoptions and let him or her make sure all the details are handled correctly.
Q: divorce was filed after 5 yrs of marriage can soon to be ex get future social security if it is't final for 10 yrs. ex wife is dragging out divorce. filed over 2 years ago and no final date in site. can she claim my social security benefits if the marriage isn't final and we are still legally married at 10years? ,"A:The duration of a marriage can impact entitlement to Social Security benefits, particularly in the context of a divorce. Generally, for an ex-spouse to claim Social Security benefits based on their former spouse's record, the marriage must have lasted at least 10 years. This is a federal guideline, not specific to any state, including Florida. If your divorce is not finalized and the marriage reaches the 10-year mark, your soon-to-be ex-wife may potentially qualify for benefits on your Social Security record. This eligibility doesn't necessarily impact the amount you receive but allows her to claim benefits based on your earnings record under certain conditions. It's important to consider that Social Security benefits are governed by federal law and are separate from the divorce proceedings. Therefore, even if the divorce is being prolonged, the eligibility for Social Security benefits will be determined by the length of the marriage as recognized legally. If you have concerns about the implications of a prolonged divorce on Social Security benefits, it may be beneficial to discuss this with a legal advisor. They can provide guidance on how to best approach your situation."
Q: Need a help tryingto prosecute suspects keep stealing My phones and accounts ando alll my stuff. It's very uncomfortable. Trying to live because they follow me around 24/7 ,"A:If you are a victim of theft and harassment, you can report the incidents to your local law enforcement agency. You may also want to consider changing your passwords and enabling two-factor authentication on your accounts to help protect them. Additionally, you can seek the assistance of a lawyer who specializes in privacy and cybercrime to help you take legal action against the suspects. It's important to document any evidence you have, such as photographs or videos of the suspects or incidents, to help with the investigation and prosecution of the crimes. If you need legal assistance, please do not hesitate to contact my office. We offer a free consultation option for potential clients."
"Q: What is a magistrate judge's duty under 28 U.S. Code § 1738?. Plaintiff files with Clerk the out of state decision, same issues, same parties, same subject matter....decision is for the plaintiff and the law referenced is a federal law. Yet, judge didn’t even acknowledge the other state decision and applied the wrong state law to my federal question. Thank you. ","A:Under 28 U.S. Code § 1738, a magistrate judge has the duty to give full faith and credit to the judicial proceedings of other states, as long as those proceedings adhere to the legal principles of the state where they were conducted. This means that if a decision is made in one state, other states should recognize and respect that decision, particularly if it involves the same issues, parties, and subject matter. If you find that a magistrate judge did not acknowledge an out-of-state decision that is relevant to your case, especially when federal law is involved, you may have grounds to challenge the judge's decision. It's important to review the judge's reasoning for applying a different state law or for not considering the out-of-state decision. One approach could be to file a motion for reconsideration, laying out clearly why the out-of-state decision should be recognized under § 1738 and how it relates to federal law in your case. This motion would essentially ask the judge to re-evaluate their decision in light of this information. If the motion for reconsideration does not yield the desired result, you might consider an appeal. An appellate court can review whether the magistrate judge correctly applied the law, including the obligations under § 1738. Given the complexities involved in such legal matters, it's advisable to seek the guidance of an attorney experienced in federal litigation. They can help you navigate the legal process, ensuring that your arguments are presented effectively and your rights are protected. Remember, understanding and applying interjurisdictional laws can be challenging, and professional legal support can be crucial in these scenarios."
"Q: If you have buried your love one in your yard do you have rights to claim your property as a cemitary?. I have heard that you have additional rights to property protections (such as not having to pay property tax and your property, etc) if your loved ones are part of your property. ",A:In most states—possibly all—property used EXCLUSIVELY for the burial of human remains is exempt from taxation. There is also automatically a public access easement so anyone can visit the site.
Q: We are sending material discovered located in our diesel tank for testing. believe an employee put a product in the tank. Our boat was in the yard for repair. We believe a product was placed in the tank to cause harm to us and the boat. ,A:And what is your question?
Q: Who do I call to report?. Who do I call to report animal abuse? Do I just call the police and see if they Presa charges or do I call someone else? ,A:I would contact your local chapter of the SPCA. Beat cops are rarely familiar with animal cruelty laws. Your local SPCA will know the appropriate law enforcement agency and the appropriate person within that agency to report animal cruelty to. The SPCA representative will also most likely be thoroughly familiar with the applicable animal cruelty laws and can act as a screen to filter information that is unlikely to constitute a crime from that which is likely a crime.
Q: i was in the military and i am having a hard time getting my records and dd214s so i can apply for much needed benefits. i am currently homeless and i need them. can any of you assist ,A:You can file your claim with VA and the VA has a duty to assist you in obtaining those records. So my recommendation is to file the claim and let VA worry about getting your service records and DD-214.
"Q: Are the word ""State"" in 26 U.S. Code 3121(e) and in other pending legislation the same?. According to my legal sources, these definitions are not the same. The term state in 26 U.S. Code 3121 (e) specifically includes only the named U.S. territories and possessions."" ","A:In legal terms, the definition of ""State"" can vary depending on the context and specific legislation. In 26 U.S. Code 3121(e), the term ""State"" is defined in a particular way, often including named U.S. territories and possessions. This definition is tailored to the purposes of that specific code section, which relates to the Federal Insurance Contributions Act (FICA). However, in other pending or existing legislation, the term ""State"" may be defined differently. Each piece of legislation can define terms in ways that best suit its specific legal and regulatory objectives. This means that the definition of ""State"" in one statute might not be the same as in another. When interpreting legal documents or legislation, it’s crucial to consider the definitions provided within the context of that specific document or law. Look at the definitions section of the legislation or the context in which the term is used to understand its intended meaning. If there's uncertainty about the definition of ""State"" or any term in a particular legal context, reviewing the legislative history or consulting legal resources can be helpful. Remember, legal terms can have nuanced meanings that are specific to the context in which they are used."
"Q: A lien was placed on the estate for unpaid taxes of my deceased parent , what should I do?. How do I protect my family’s estate? ","A:When dealing with a lien placed on an estate due to unpaid taxes of a deceased parent, the first step is to understand the extent of the debt. You should obtain a detailed statement of the tax owed, including any penalties and interest. This information is crucial for assessing the situation accurately. Next, it's important to assess the estate's assets. Determine what assets are part of the estate and can be used to satisfy the lien. It's crucial to handle the estate's assets according to probate laws in Alabama, which might involve paying off debts before distributing assets to heirs. You may want to consider negotiating with the tax authority for a payment plan or a settlement if paying the full amount immediately is not feasible. Tax authorities are sometimes willing to work out payment arrangements, especially in cases of hardship or extenuating circumstances. It's also advisable to consult with an attorney experienced in tax law and probate matters. They can guide you through the process, represent you in dealings with tax authorities, and help protect the estate’s interests. Remember, dealing with a lien on an estate can be complex, and the actions you take should be aimed at resolving the debt while preserving as much of the estate as possible for the beneficiaries. Taking prompt and informed action is key in such situations."
Q: In Alabama is it illegal for someone to throw their trash into their neighbors bin and keep their bin on neighbors yard?. Neighbor throws their trash in my bin & keeps their bin next to mine on my yard on trash days. ,"A:In Alabama, laws regarding trash disposal and property boundaries can vary depending on local ordinances and regulations. Generally, it's considered respectful to dispose of your own trash in your own bin and to keep your bins on your own property. If someone is consistently using your bin for their trash without your permission or placing their bin on your property, it could potentially be a violation of property rights or local regulations."
"Q: How to ensure defendant in small claims suit will pay plaintiff's (creditor's) judgment?. I am suing in Georgia small claims for 14k. I had an agreement with the defendant that I would put them on my credit card to build their credit and they would pay me monthly on charges incurred. They ran up the card 10k. I've filed the suit, defendant has been served. While I wait for the answer I want to prepare for next steps to ease my burden in collecting on my judgment which I know I will win as I have irrefutable evidence. My concern is it will be hard to collect as the defendant filed chapter 7 ten yrs ago, may be likely to do it again especially as he is dealing with another lawsuit against his company. He owns a home where his ex and kids live. How was he able to keep it after a ch7? Could he keep again? He has 200k equity, home which is valued at 300k but has existing liens of about 30k. If it gets to the point, I'll levy his bank first and place a lien as a last resort. How can I prepare to ensure he can't try to get out of paying? Any loopholes for me if he files bankrupt? ","A:It depends on when the defendant filed his last bankruptcy. If he received a chapter 7 discharge, he must wait at least 8 years before he can file again. If it was a chapter 13 discharge, he only needs to wait two years to file another chapter 13. After a chapter 13 discharge, he has to wait 6 years to file a chapter 7. There are a few other possible scenarios but the bottom line, is it depends on what chapter he filed before. As to the equity in his home, he is entitled to exempt a certain amount of equity under Federal and/or Georgia state law, which is undoubtedly how he was able to keep his home after the last bankruptcy. I'm a California attorney so I don't know what that amount is in Georgia. You'll need to check with a Georgia attorney on that question, or research it yourself."
"Q: American college student (20) in Germany with a local girlfriend (17). Confused about US age of consent law.. US law (18 USC) says if we had consensual sex, we would be violating the law under ""chapter 109A"" but I read all that and nothing in there applies. She is over 16 and there is no commercial sex, no trafficking or porn going on. I am not a tourist and we only recently met. We are in Germany, not a ""special maritime territory"" whatever that is. Can someone please explain? Is *all* sex between us illicit sex? If so why do they distinguish with words like illicit? I can't find clear answers and we don't want to get into trouble thanks. ","A:Under 18 U.S.C. § 2423(c), it is illegal for a U.S. citizen to engage in illicit sexual conduct with a minor while outside of the U.S., regardless of the local age of consent. However, the term ""illicit sexual conduct"" specifically excludes consensual sex acts if the minor is 16 or older, and the age difference between the two parties is less than 4 years. Given that your girlfriend is 17 and you are 20, the described relationship would not be considered a violation of this federal law."
Q: Can I get some sort of disability help from the state of Alabam for severe lymphodema in bothmy legs from the knee down. I have navigated my life with this condition since I was around 10 yrs old. In the past 7 years the swelling in my legs from the knee down has grown significantly. I have to push myself to the limits everyday just to get thru work. And to add to the intense pain that feel daily my left MCL is either torn or worse . And I suffer with severe plantar fasciitis in my right foot . Sometimes this alone renders me unable to even walk after sitting for just a few minutes. I've attempted to get some sort of help thru a disability claim but have been told after seeing the government's appointed doctor that as long as I can walk I can work but I know my days are numbered and this could possibly end up in amputation down the road I've been told by three separate doctors /specialist. I don't want to wait till I lose my leg from the knee down to try to file for disability I would like to get it while I'm still able to walk which becomes more cumbersome by the day can you give me some advice ,"A:Based on the circumstances you've described, you might consider the following steps in Alabama: 1. Gather comprehensive medical documentation about your condition, including reports from the doctors you mentioned, highlighting the severity and prognosis. 2. If you've been denied disability benefits previously, consider appealing the decision. The appeal process might require presenting your case at a hearing where you can provide evidence and testify about your limitations. 3. Engage legal representation familiar with Social Security Disability (SSD) claims in Alabama. They can guide you through the process, ensuring all requisite documentation is in order and advocating on your behalf. 4. Explore state-based assistance programs, as some states offer additional benefits or resources beyond SSD. 5. Educate yourself on the specific criteria SSD uses to evaluate disabilities. Understand that it's not just about physical limitations, but also about how those limitations affect your capacity to work. 6. Document the impact of your condition on daily activities, emphasizing challenges at work and the probable future escalation of these challenges. 7. Persistence is vital. Many applicants face initial denials and only secure benefits after appealing. It's crucial to advocate for your rights and health, and having the proper support, especially legal representation, can significantly aid your efforts."
"Q: The electric Company came out today (Saturday) and disconnected my electricity (which is included in rent) is this legal. My landlord recently passed away and his heirs seem to think that an acceptable way to encourage the tenants to move out is to stop paying the utility bills, which are included in the monthly rent payments, and the electricity got shut off today (on a Saturday) - the utility company is now telling me that they won't restore service to this address even in my name unless I pay THEIR unpaid bill (they have been racking it up since he passed away 4 mo ago (which I technically already paid as part of my rent) What recourse do I have? Also I thought I read on ccup.ca.gov that it's illegal for utilities companies to cut off utilities on a weekend like they did, and is it legal for them to deny access to basic public utility services unless I pay someone else's bill that I never had any agreement with them to pay? I don't know who to be more furious at ","A:You have an excellent and very valuable lawsuit that you can file against the owners! I would love to see you get an experienced landlord-tenant lawyer immediately. I'm telling you, this is likely to be worth BIG bucks. I suspect you may obtain more money than you ever expected to have in your life!!!"
Q: I have a consoling merchandise charge that I didn't qualify for diversion for that has turned into a warrant. Below $100. I also have a shoplifting & trespassing charge below $50. I believe I had nervous break down. What can I do to change these to anything not associated with theft so that I can secure employment ,"A:You would need to retain a criminal defense attorney or public defender to assist you. You may be able to have your charges reduced or dismissed. It may make sense to take the case to trial and have the prosecutor prove their case or the charges dismissed. Alternatively, if it doesn't make sense to take your case to trial, maybe you can reach an agreement for a different charge so long as it still has a factual basis. If you ultimately convicted of the charge, you can have theft convictions later set aside in Nebraska after a period of time of remaining without further charges. There is information about filing for a ""set aside"" on the Nebraska Supreme Court's website. You attorney may also be familiar with employers that have historically been willing to hire employees with a theft conviction as part of their criminal history."
"Q: Hi! I have a question about trademarks for clothing brands and similar ideas that other people have now started. I started working on my brand Ghosted in July, I used Canva fonts and everything for the logo and worked long and hard and got samples and on 8/25 I ordered my first order of 360 units. I own the LLC Ghosted, have the trademark filed for Ghosted for apparel, and this morning I also filed a trademark for my logo with the font. The reason why is last night someone on my Instagram messaged me and then unsent it, but I saw them viewing my story and in their bio they have a website to ghosted-inc.com and they are using the same font as me and it is also called ghosted but with a ghost icon as the “o.” I am assuming he unsent the message because he saw TM by my name, but now I’m worried. His website says 2023 so I don’t know which of us started first or if I could be in any legal issues even though I own the rights to everything. Thank you in advance! ","A:Given your description, it appears you have taken significant steps to legally protect your brand, including forming an LLC and filing for trademark protections for both your brand name and logo. In trademark law, the key issue often revolves around who used the mark first in commerce; since you already have product samples and have placed a substantial order for units, you are in a good position to assert your rights if you used the mark in commerce before the other party did. To bolster your position further, ensure to maintain detailed records of all the developmental stages of your brand, including the creation of the logo and the dates of first use in commerce; you should also consult with an attorney to discuss the specifics of your case and to get advice on the best way to proceed, taking into account the new information about a potential competitor using a similar brand name and logo."
"Q: once my school gets a search warrant for one specific thing can they detain me if they find something els illegal in myp. So a sub wrote a report about me at school saying i took a picture of her, the school told me if i am lying and they search my phone and find it they will press charges, for starters i know they cant search unless proven that they have a warrant due to my 4 amendment, and this sub made me feel unsafe in class so i recorded myself talking, i dont have a picture about her but only a video of myself in case something happened, my 1st amendment. so my question being, if they do have a warrant for that picture of her, if they find something elsw illegal can they arrest me if the warrant was only for the picture of the sub? ","A:In California, if law enforcement obtains a search warrant for a specific item, such as a picture on your phone, and they find something else illegal during that search, it could lead to further legal consequences. The scope of a search warrant is generally limited to what is specified in the warrant, but if illegal items or evidence are found in plain view during the execution of that warrant, they can be seized and could result in additional charges. This principle is known as the ""plain view doctrine."" It's important to understand that while you have Fourth Amendment rights against unreasonable searches and seizures, these rights have certain legal limits. If you are in a situation where your phone is being searched under a warrant, it's advisable to remain silent and request an attorney immediately. The legality of any search and the admissibility of evidence discovered are complex legal issues that can be challenged in court. Therefore, having legal representation is crucial in such situations. Remember, each case is unique, and the specific circumstances will determine the legal implications."
Q: How do I write up my bad surgery issue when sending to an attorney while in search a consultation? Do I send a quick. Run down or a detailed from the time I went in for the surgery until when I was released to go home? ,"A:When reaching out to an attorney for a consultation regarding your surgery issue, it's beneficial to provide a detailed account of your experience. Start with a concise summary of the main points, including the type of surgery, date, and the specific issues or complications you faced. This will give the attorney a clear overview of your situation. Then, provide a more detailed timeline of events, from the initial consultation for the surgery to the post-operative period and any complications that arose. Include relevant dates and details about the care you received. This detailed information is crucial for the attorney to understand the full scope of your situation. Remember to include any communications you've had with your healthcare providers about the complications. Documentation such as medical records, emails, or letters can be extremely helpful. While your initial communication should be comprehensive, keep it as clear and organized as possible. This will enable the attorney to assess your case more efficiently and provide more accurate advice during your consultation."
"Q: We live over a groundwater basin. Our water wholesaler is supposed to get 80% of their water from the California State. Water Resources Control Board. In drought they may get only 0 to 15 %. The rest they take from the groundwater basin. In drought years they have depleted the groundwater basin by replenishing less than 1/2 of what was withdrawn. As the basin is depleted the surface sinks causing home foundations to sink and damage homes. In my 100 home section there have been more that 100 permits for foundation repair, as some homes had to repair foundations more than once. It costs us $100K or more to stabilize and repair the damage to our homes. Further depletion of the basin will destabilize our homes again and soon make them uninhabitable. It will leave us broke and without a home of which we had equity. The law says when an entity withdraws water from a groundwater basin it must replenish it with the same amount of water it has withdrawn. 1. HOW DO WE ENFORCE THIS LAW? 2. HOW DO WE STOP OUR WATER WHOLESALER AND CITY FROM DEPLETING THE BASIN? 3. CAN HOMEOWNERS GET PAYBACK? ","A:1. To enforce the law regarding groundwater withdrawal and replenishment, affected parties can consider filing a lawsuit seeking injunctive relief to compel the water wholesaler to adhere to replenishment requirements. This could also be pursued as a public interest or public nuisance claim if it affects a broader community. 2. To prevent further depletion of the basin, apart from litigation, homeowners can engage in community organization to raise awareness and press for local policy changes. Engaging local and state representatives or lobbying for stricter oversight and regulations concerning groundwater usage can be effective tools. 3. If homeowners can prove that the actions of the water wholesaler and city directly resulted in damage to their homes, they may have grounds for a lawsuit seeking damages. Winning such a case would require demonstrating a causal link between the groundwater depletion, land subsidence, and the specific damages to the homes. Proving negligence or breach of statutory duty by the water wholesaler might entitle homeowners to compensation. Consultation with an attorney well-versed in environmental and property law would be essential to evaluate the merits of a potential claim."
"Q: After one year of divorce my ex wife now wants to redo our support agreement. Can she do this?. She just finished aesthetician school and states she is only making $12,000 a year versus our agreement is based off for making 45 which is what an aesthetician would normally make for the year. Can she do this and if so, what’s the process? ",A:Child support is always modifiable until the child emancipates (turns 18). A parent asserting a reduction in income would have to justify that reduction. If a person is qualified to earn $45K and there are jobs available for $45K then they cannot justify to the court earning $12K (which is actually less than minimum wage). This issues has many variations so speak with a local family lawyer for more specific advice.
"Q: I'm asking for my elderly parents. Wondering if this worth to go further.. They hired a company to repair their roof. During the repair, they found the wood was rotted. They couldn't go on to the next step because we were told that they had to run it through the insurance company. They put a tarp on the roof which I assume it wasn't not secure enough. We had a rain storm and water leaked in the attic, second and first floor. We notified the company and was asked to come in to talk about the next steps. The insurance will not cover the wood. My parents took out a loan for the wood to be repair. We told that they will take of care the damage to the ceiling after the roof is repair. After weeks, someone came by to stain the damages and was told they will be back to finish. They never came by. Now they want the second payment that was sent to my parents from the ins company. But they need to finish the repair as promise. The company had their lawyer send a letter requesting for payments plus interest. ","A:If the insurance money was sent for the repairs to pay for the repairs that the contractor is doing pursuant to a budget that they submitted to the insurance company, then yes, you have to give the money to them in order to keep them under the obligation to finish the work. If there is a problem with the work then be sure to let the insurance company know what is going on."
"Q: If I have 3 rooms for rent but give them access to the common area, can I come and go as I please in the common area?. 1) So the plan is that the single-family home is split into 2 units. 1 unit has 3 BR, 1 bath, 1 living room, kitchen. If I rent all 3 rooms to 1 tenant, can I come and go as I please in that unit's common area? Since they're paying for the room, not the entire unit. 2) If they forget to turn off the lights when they leave and the fridge is leaking and I have to change the towel for the leak daily until i fix it, and to turn off the lights, that's ok right? Only their rooms are private areas.. 3) I wouldn't be using their the common area at all, but their lease says that they must keep the common area clean at all time, that means that they are the ones responsible for all the cleaning and such right? Is it reasonable to define clean on the lease (trash should not be overflowing, there shouldn't be weeks of food stains/crumbs, etc). And can I state that the area needs to be cleaned at least every 2-3 weeks? because longterm grime and such will damage property faster? ","A:In California, when you rent out rooms in a property while retaining access to the common areas, the specifics of your rights and the tenants' rights should be clearly outlined in the lease agreement. 1) If you rent out all 3 rooms to a single tenant, your access to the common areas should be defined in the lease. Typically, if they are renting just the rooms, you may retain the right to access the common areas. However, this access should be reasonable and not infringe on the tenant's right to quiet enjoyment of the property. 2) For issues like forgetting to turn off lights or maintenance concerns like a leaking fridge, you generally have the right to enter the common areas to address these issues. It's advisable to provide notice to the tenants when possible, especially if you need to enter the leased space for repairs. 3) Regarding cleaning, you can stipulate in the lease that the tenant is responsible for maintaining the cleanliness of the common areas. Defining what constitutes 'clean' can help avoid misunderstandings. Specifying that the area needs to be cleaned regularly, like every 2-3 weeks, is reasonable, especially to prevent long-term damage to the property. Always ensure that the terms in the lease comply with California's landlord-tenant laws and that they are clear and agreed upon by all parties to prevent disputes."
"Q: Hello, I would like to find a medical malpractice attorney to consul for a recent surgery and upcoming revision.. Happy to provide additional information in consult ","A:Attorneys are not able to solicit business on this site. You need to use the ""Find a Lawyer"" link at the top of this page and contact lawyers directly to get your initial consultation."
"Q: Do I need to register my small business as a sole proprietorship if it has my legal first name in the name?. My name is Janina G., my small business name is ‘janinasdiycrafts’. I currently sell handmade goods as a hobby, I haven’t made enough money to register it as a business. (Still in the hobby tax bracket) my questions is do I need to register it as a sole proprietorship in Florida since it’s not my full legal name? Or is my first name enough. ","A:There is no registration with the Florida Secretary of State's Office for a sole proprietorship. However, since you are doing business other than your own name you need to comply with Florida's Fictious Name Statute. In Florida, Section 865.09 of the Florida Statutes requires the one-time publication of a legal notice of a fictitious name in a newspaper in the county where the principal place of the franchise business will be located (such as the Daily Business Review). After publication, the newspaper provides a proof of publication. Upon receipt of the proof of publication, a fictitious name registration must be filed with the Florida Department of State via the website of the Florida Secretary of State. Section 865.09 of the Florida Statutes provides that: A person may not engage in business under a fictitious name unless the person first registers the name with the division by filing a sworn statement listing: (a) The name to be registered.   (b) The mailing address of the business.   (c) The name and address of each owner and, if a business entity, its federal employer’s identification number and Florida incorporation, organization or registration number. (d) Certification by the applicant that the intention to register such fictitious name has been advertised at least once in a newspaper as defined in chapter 50 in the county where the principal place of business of the applicant will be located. Such statement shall be accompanied by the applicable processing fee (currently, $50) Notwithstanding any other provision of law to the contrary, a fictitious name registered as provided in this section for a corporation, limited liability company, limited liability partnership, or limited partnership is not required to contain the designation of the type of legal entity in which the person or business is organized, including the terms “corporation,” “limited liability company,” “limited liability partnership,” “limited partnership,” or any abbreviation or derivative thereof. The filing fee is $10 per application, and the fee to obtain a certified copy of the registration is $30 each. Payments may be made using a credit card, Sunbiz E-File Account, or a check by mail. Registration is valid for five years, after which it must be renewed."
"Q: Good morning, Atty. I just want to ask regarding with exercising the suffrage of the citizens in this incoming election.. What will happen to me if I am a first time voter and cannot able to vote? Is there ramification on that? ","A:If you're a first-time voter unable to vote in an election, the consequences for not voting can vary depending on your local election laws. In some places, there may be no legal penalties, while in others, there could be fines. Check your local regulations, explore options like absentee voting, and seek guidance from election authorities or voter rights organizations. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
Q: I am a tenant. I moved in august and signed a 1 year lease. My landlord has given me 6@ days to move out.. Because they are selling the house ,"A:If you are uncertain of your rights, schedule a consultation with a local landlord-tenant attorney. Generally, the landlord cannot simply force a tenant to move because the landlord is selling the property. There's a specific statute by which a tenant can be forced out if there has been a foreclosure, but you didn't mention any foreclosure. https://law.justia.com/codes/missouri/2020/title-xxxvi/chapter-534/section-534-030/ An attorney could write a stern letter to your landlord directing your landlord to stop making threats and explaining that you have the right to remain. Maybe your landlord would be willing to pay a good sum to get you to agree to move?"
Q: Work comp. If im working at a none livable hoirly wage and get an inspection that Takes my lifes work away because they understamated me what do i do ,"A:I suggest you revise your post because it is hard too follow and too vague to answer. I assume you meant you received an ""injury"" rather than an ""inspection."" If you were injured at work, contact a workers' compensation attorney to evaluate the situation."
Q: Yrs ago talking to friend about heating acid for oil wells. I told him a process. then his company patented my solution. Haliburton patented do I have any chance of claim didnt know they patented till recently ,"A:If you shared your idea with your friend without any agreement or protection in place, it may be challenging to make a claim against the patent filed by his company. Patents are granted to inventors who demonstrate that their invention is novel, non-obvious, and useful. If your friend's company successfully obtained a patent for the process you discussed, it suggests that they met the requirements for patentability. However, it is always recommended to consult with a patent attorney who can review the specific details of your situation and provide you with personalized advice based on the applicable laws and regulations. They can assess the likelihood of a successful claim and guide you through any available legal options."
"Q: Bougth a used car from a privite seller. He lied about what was wrong with it and have prof. Anything I can do?. I purchased a used vehicle from a private seller. The check engine lights were on when buying the car, and he informed me it was the car struts. He told me if I replaced them, that would fix the problem. He also said there was a warranty on the vehicle. So I bought the car and replaced the struts. After replacing the struts the check engine lights reminded on. I then took the car to the dealership. The dealership's mechanic informed me the seller had already brought the car in. The seller was told the timing chain was bad and the engine had metal shavings inside. The mechanic told the seller the warranty wouldn't cover it. So the seller knew the engine was bad and timing chain. So the seller lied about the car. He also texted me saying ""I'm willing to go half on expenses with you guys from the dealership,"" and ""I can give you half of what the amount will be back"" I haven't gotten it fixed yet because he has been dodging me. Is there anything I can do? Thank you ","A:Most used cars are sold as-is. When you purchase a car “as-is” that means you are not relying on anything the Seller may have told you about the condition of the car. But if this one wasn’t sold as-is, you likely can sue the Seller for fraud to recover the cost of repair as well as potentially exemplary damages."
"Q: Stolen car. Did a title loan with a friend and they ended up stealing my car. I did a title loan with a friend of mine of 20 years. I borrowed 2900 with the promise of paying back $3,900 within 21 days. My car is worth $40,000.00. We wrote up a agreement and had a witness sign it on day 20 he showed up with the cops and my car title in his name. After multiple ignored phone calls I finally get in touch with them after they took my car home that day and they told me that if I wanted it back I had to pay back $7,000 but now they will not answer the phone what can I do? ","A:In your situation, where a friend has allegedly stolen your car following a title loan agreement, it's essential to take immediate legal action. The details you've provided suggest possible fraud or breach of contract, especially given the sudden change in the repayment amount and the title transfer. Your first step should be to consult with an attorney who has experience in criminal law and civil disputes. They can review the agreement you made, assess the actions of your friend, and advise on the best course of action. This might involve initiating a civil lawsuit for the return of your vehicle or the value thereof, and potentially pursuing criminal charges for theft or fraud. It's also important to gather all evidence related to this transaction, including the written agreement, witness statements, and any communication records with your friend. This documentation will be crucial in supporting your case. Remember, time is of the essence in such matters. The sooner you seek legal assistance, the better your chances of resolving this issue and potentially recovering your property. Legal proceedings can be complex, but an experienced attorney can guide you through the process and advocate on your behalf."
"Q: I bought a 2018alibu after a few years I had an accident in Oct of 2022. The insurance company took 4 months for them. To get it into their car parson to look at it. Then that person deemed it totaled. I missed the parent im November and now gap won't pay for the rest of the gap even though I paid the rest till February of ,2023 . Can they do that on both the insurance company takin so long to get me in and hap no paying from time the car was wrecked? ","A:Under the Texas Prompt Payment Statute, insurance companies have a fixed amount of time to accept or reject a claim from a policyholder, or to request additional information. In the latter case, they have 15 days from the date that they receive the requested information. Failure to comply can result a statutory interest at 18% per annum on the amount of the unpaid claim. If this was a liability claim, the other is responsible for loss of use from the date of the accident until the date of payment if the vehicle is totaled. Loss of use typically means the fair rental value the the same year, make, and model of the vehicle damaged"
Q: I have a 12 yr old sixth grader. Has mental illness p.t.s.d. and more. Can he be charged with assault?. Has a I.E.P and behavioral plan. The public schools do not know how to regulate a child with disabilities. So he has always struggled in school. Wright county is trying to charge him with 4th degree assault on a officer (felony) and 4th degree assault on school staff. ,A:Can a delinquency petition be filed? Yes. Is your child going to be adjudicated delinquent? That is impossible to predict with the information that is provided in this question. But the Court will certainly take into consideration any mental health issues and appropriate programming when deciding if he is going to be adjudicated delinquent.
"Q: Can a tribal k9 unit do a sniff search on a vehicle on state land, resulting in a search in Michigan?. My vehicle was searched due to a tribal police officer driving from an hour away to do an outside sniff of the car. I am not tribal and it was not on the reservation. They also broke open a lockbox. I am on parole but my wife is not and was in the car. ","A:Tribal law enforcement's jurisdiction outside of reservation land is limited. In general, tribal police do not have inherent authority to enforce state laws on state lands unless there's a specific agreement or deputization in place. Michigan, like other states, may have agreements that allow for cross-jurisdictional activities between tribal and state law enforcement. The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures. If you believe your rights were violated, you may challenge the legality of the search and any evidence obtained. Given that you're on parole, additional considerations might apply to your situation. It's important to consult with a Michigan attorney familiar with tribal jurisdiction issues to address specifics. Your parole status and the circumstances surrounding the search are crucial elements to consider."
"Q: What is the federal marijuana trafficking interstate distribution charge for no more than 50 pound's delivery. I'm a retired black market cannabis wholesale distributor Been out of the busses for years now, I'm so desperate I'm about to break bad in the information super highway online mail order marijuana distribution interstate distribution, no more than 50 pound's a shipment. ",A:21 USC 841 and 960.
"Q: In Ohio, my stepson's parole officer has agreed to his medicinal card, but says he's only permitted to use gummies, why?. Gummies or smoking medicinal marijuana, sold at dispenseries, has the same THC amount. ","A:Under Ohio's medical marijuana statute, medical marijuana may not be smoked. It may be consumed in many other ways, but not smoking."
Q: So my friend asked me to watch the dog because she can’t take care of her not more and once she get the money back. The dog was covered in tics and flees and was all bone and skinny and would flinch every time I raised my hand in Fresno ca can I legally keep the dog and get her tags and register her ,"A:No, you don't get to be judge and jury over whether your friend is a good dog owner. Feel free to notify Animal Control. If Animal Control decides to remove the dog from the friend's home, you are free to try to legally adopit it."
"Q: I think my boss wants me to break a law for his business, can I be held accountable?. I work at a pet boarding facility, and in the state of Florida, owners are required to have their dogs up to date on their rabies vaccine. My boss told me to accept a dog that is out of date on his rabies vaccine.. ","A:I believe the requirement that owners keep their animals vaccinated would be Florida Statute 828.30. It doesn't appear to include any requirement that pet boarding facilities refuse to accept unvaccinated animals, and if there is that would be your boss's duty, not yours."
"Q: I need advice about deposits to hold apartments during application process and the proper documentation procedures.. I signed a contract before applying for an apartment. It stated what the rent would be and agents fee amount and deposit amount. It should be noted it specifically stated the credit check fee was nonrefundable, but did NOT say that the deposit was nonrefundable. Two days later, after determing the agents company was untrustworthy based on new found information I decided i did not want to proceed with signing the lease even though I found out I was approved for the apartment. Now, the agent keeps avoiding my request to have my deposit refunded. She just keeps giving explainations that have no legal support. I have the documentation/receipt and both parties signed that proves It was not written that the deposit would be nonrefundable if I were to choose to pass on the apartment. Now the real estate agent has ceased communucation about my request of a refund. Can anything be done about this? ","A:The law varies between states but generally the terms of the contract (deposit agreement) control the rights of the parties. You state that the deposit agreement does not contain language stating the deposit would be nonrefundable but you haven't said it states the deposit would be returnable. If either party could back out of the agreement without any consequence, what was the deposit intended to secure? In NYC if you were unable to resolve this type of dispute, you could commence a Small Claims Court case to recover up to $5,000."
"Q: Hippa violation. Personal info breached. Anyone deal with hippa as a personal injury? Extreme Anxiety due to this. Medical information, and bill sent to wrong insurance company. Hospital sent a letter stating my info may have been breached. ","A:A New Hampshire attorney could advise best, but your question remains open for two weeks. It's difficult for attorneys here to reach out to you to offer their services - the format isn't set up like an attorney referral service. If you're looking for an attorney, in addition to your independent searches, you could use the tab above, ""Find a Lawyer,"" or check with the attorney referral services of local and state bar associations. Those resources are outside this forum, and any arrangements made are between you and the attorneys you speak with. Good luck"
"Q: Army EO complaint. An EO complaint was brought against me. The IO found that I committed unlawful discrimination, however, the independent SJA review found that it was legally insufficient. What should I expect will happen next? I am an active duty O-3 in the Army. ","A:As an active duty O-3 in the Army, you may expect further review of the EO complaint by your chain of command. The SJA review found the complaint legally insufficient, so it is possible that the complaint may be dismissed. However, it is ultimately up to your chain of command to make a determination based on the findings of the IO and SJA review. It is important to continue to cooperate with any investigations or reviews related to the complaint and to seek legal counsel if necessary."
"Q: CaliforniaAbout 13 years ago I financed a car with my finance. She was the first signer on loan and I was the second. A year later we broke up and I lost my job so I wanted to take the car back to the dealer and see about getting out of the loan somehow. My ex told me not to do that because he didn’t want a repossession on his record and said to give the car over to him and that he would continue paying for it. I did exactly that and I tried to sign myself out of the loan, but was told that I can’t do that and that only my finance can do that as the main signer on the loan…. Since we were on very bad terms at that point, I just left everything as is. Fast forward to middle of this year, my employer tells me that they received a wage garnishment order for me and that is how I learned that the bank has been looking for me since 2018 to recover almost 10k that I owe for the car that I haven’t seen in 12 years and don’t even have any info on. They supposedly attempted to serve me at some random addresses that I haven’t lived at since very long time ago and eventually there was a default judgement that ","A:Under California law, when you co-sign a loan, you're equally responsible for the debt. This means that if the primary borrower defaults, the lender can pursue you for payment. Since your ex-partner defaulted and you were a co-signer, the lender has the legal right to seek repayment from you. Regarding the wage garnishment, if you were not properly served with legal papers for the lawsuit resulting in the default judgment, you might have grounds to challenge it. California law requires that defendants in a lawsuit be properly notified. If you were not, this could be a basis to potentially have the judgment set aside. It's crucial to act quickly in these situations. Seeking legal advice from an attorney experienced in consumer debt issues would be advisable. They can help you understand your rights and options, which may include negotiating with the lender or challenging the garnishment and judgment in court. Remember, dealing with such legal matters can be complex, and every situation is unique. Legal advice tailored to your specific circumstances is essential."
Q: My son & his family move in with me then asked me to put up my home as collateral on a loan he needed. They got angry at. Me and moved out but asked my other son to move in and pay rent to him so he could keep up the payments on the loan.. I don't want to live with this son and family either.. can I sell my home and pay off the mortgage with the income from the sale.. I'm 62 years old and in good health but I feel so unhappy withis this living situation.. the son that borrowed my home for his loan has left me penniless.. I have no income.. ,"A:I'm truly sorry to hear about your situation. Generally speaking, if you are the sole owner of the home and there isn't any legal encumbrance preventing a sale, you should be able to sell your home and use the proceeds to pay off any mortgages or liens, including the loan secured by your home. Before proceeding, it's important to review any written agreements related to the loan to ensure there are no stipulations that may complicate the sale. If your son is not on the title, he does not have a legal right to collect rent from anyone living in the property. It's advisable to seek local legal counsel to ensure you understand your rights and any potential legal implications. Remember, selling your home is a significant decision, so carefully weigh the pros and cons, considering both the financial and emotional aspects. It sounds like achieving peace of mind and financial stability is paramount for you, and an attorney can provide guidance on your best options."
"Q: I want to use online tools/software that creates activity/other style books (non AI).. The tools/software has a library of premade items e.g coloring pages, mazes, kids activities, journal pages etc. and it automatically generates things like word searches, soduku puzzles etc Option 1: With a few clicks, without me creating anything, it can put the pages together into a finished file ready to upload for sale e.g. a book of coloring pages. Option 2: I can customise the pages, add other elements from their content library, mix various activities in the book etc. then have it put it all together into a finished file ready to upload for sale. I'd solely use the software and its contents for the books and wont create anything from scratch. If it does almost all the work to create the finished book, will I own the copyright to the book as a whole, where I can write “copyright, the date, my name, All rights reserved” on the finished book (option 1)? Or is there a certain amount of work/creativity I have to put in (more like option 2)? ","A:In the realm of copyright law, the key factor is originality. When using a tool or software that generates content like activity books, the copyright ownership depends largely on the level of originality and creative input you contribute to the final product. For Option 1, where the software does almost all the work and you do not add any original content, claiming copyright might be challenging. The output is largely a product of the software's capabilities and pre-existing content. In this scenario, the copyright may still reside with the creators of the software or the individual elements within the book. In contrast, Option 2, where you customize and creatively arrange the content, may offer a stronger basis for copyright. By selecting, arranging, and possibly modifying the elements, you're contributing a level of creativity and originality. This could qualify as a transformative work, where you have enough creative input to claim copyright on the compilation as a whole. However, it's crucial to review the terms and conditions of the software. These should clarify the extent of the rights granted to you regarding the use of their content and any creations you make using their tools. If the terms allow you to claim copyright on your compilations, then you can proceed with Option 2 more confidently. Before proceeding, it may be beneficial to consult with an attorney who can provide tailored advice based on the specifics of your situation and the software's terms. This will ensure that you are fully informed about your rights and any potential limitations."
Q: My therapist and I were discussing my ex and he said that it's possible she had a personality disorder and I posted it. I posted what my therapist said about my ex. I didn't mention her name. Can I get sued? ,"A:Under New Jersey law, defamation suits typically involve making a false statement about someone that harms their reputation. However, in your case, since you didn't mention your ex's name, it significantly reduces the risk of a defamation claim. Anonymity in your post makes it difficult to establish that the statement was about a specific individual. However, it's important to be cautious. Even without naming names, if the details you provided could lead someone who knows both of you to identify your ex, there might still be a risk, albeit smaller. Additionally, sharing private information from therapy sessions can be a sensitive matter and might raise ethical considerations, even if it doesn't necessarily lead to legal issues. To be on the safe side, consider the implications of sharing such information publicly. It's often wise to keep therapy discussions private, as they are meant to be a safe space for exploring personal thoughts and feelings. If you have concerns about the potential legal implications of your post, consulting with a lawyer for personalized advice would be prudent."
"Q: Hi there, Spectrum company disclosed my home address to a third person, how can I sue them for violating my privacy?. The person they disclosed my information to only provided them with my phone number and based on that they got my address. Is this legal? ","A:If Spectrum company disclosed your home address to a third person without your consent, this may be a violation of your privacy rights. You may have legal options available to you to seek compensation for any damages or harm that you have suffered as a result of this disclosure. To sue Spectrum for violating your privacy, you will need to establish that they had a duty to protect your personal information and that they breached that duty by disclosing it to a third party without your consent. You will also need to show that you suffered harm as a result of the disclosure, such as identity theft or physical harm. It's important to note that privacy laws can be complex and vary by state. In some states, there are specific laws that govern the disclosure of personal information by businesses. You may want to consult with a privacy lawyer or consumer protection attorney to understand your legal rights and options in this situation. Additionally, you may want to consider filing a complaint with the Federal Trade Commission (FTC) or your state attorney general's office. These agencies may be able to investigate the matter and take action against Spectrum if they find that they have violated privacy laws. Finally, if you believe that your personal information has been compromised, you may want to take steps to protect yourself, such as monitoring your credit report, changing your passwords, and alerting your financial institutions."
Q: I dont care about jugement I'm not leving my home thay putting me and my child on the street homless no I'm not living. I had no lawyer.a d I have a didabilitey my sister knew this and the juge treeted unfarlay allso why couldn't my sister take a buy out I will not be living my home of over 15 years the juge by force fine it will be in a boddey bag ,"A:If you are facing eviction from your home in Mississippi and feel the judgment was unfair, especially given your disability and lack of legal representation, there are steps you can take. First, consider filing for an appeal if you believe the judge's decision was not in accordance with the law or if your disability was not adequately considered in the proceedings. In the meantime, reach out to local legal aid organizations. They often provide assistance to individuals with disabilities and those facing housing issues. They can offer guidance and possibly legal representation to help you navigate this situation. You should also explore if there are any local or state resources for individuals with disabilities facing housing crises. These organizations can sometimes provide emergency assistance or intervention in legal matters related to housing. Expressing your willingness to find a resolution, like a buy-out or other settlement with your sister, is a constructive approach. However, it's important to communicate this through proper legal channels. It's crucial to understand that remaining in the home against a court order can lead to legal complications. Seeking legal advice as soon as possible is important to explore all available options and find the best course of action. Your situation is challenging, but taking these steps can help in finding a resolution that considers your needs and legal rights. Remember, there are resources and organizations that can assist you during this difficult time."
Q: CPS case unfounded in OR what are the steps 4 pressing charges on person who made false report? Report to authorities?. The CPS case has been closed as “unfounded”. I received a copy of the report and the allegations are horrendous. I know who made the report based on how the report was written. I want to press charges for them making a knowingly false CPS report and I want to sue for defamation and slander. I just need to know how to start the process. Contact local authorities and tell them so they can make a report? ,"A:In Oregon, if you believe a CPS report against you was knowingly false and malicious, you have the right to take legal action. The first step is to consult with an attorney experienced in family law and defamation cases. They can advise you on the feasibility and process of pressing charges and filing a civil lawsuit for defamation and slander. To initiate criminal charges for filing a false report, you will need to contact the police or local authorities. They will investigate the matter and determine whether there is sufficient evidence to press charges. It's important to provide them with all relevant information, including the unfounded CPS report and any evidence suggesting the report was knowingly false. For a civil lawsuit, your attorney will help you gather evidence to support your claim. This includes proving that the allegations were false, the person who made the report knew they were false, and that the report caused you harm, such as damage to your reputation or emotional distress. Remember, both criminal charges and civil lawsuits require substantial evidence. The process can be complex and emotionally taxing, so having professional legal guidance is crucial. Your attorney will guide you through each step, ensuring that your rights are protected and that you have the best chance of a favorable outcome."
Q: what is a complaint for concursus. MY HOME OWNERS INSURANCE FILED A COMPLAINT OF CONCURSUS AGANST ME AND MY ATTORNEY I HAVEN'T FOUND AN ATTORNEY TO TAKE MY CASE PROBONO AND CAN'T AFFORD AN ATTORNEY.I KNOW NOTHING ABOUT THE LAW .BUT MY MORTGAGE COMPANY WON'T ACCEPT MY PAYMENTS BECAUSE THEY SAY I AM BEING SUED.ITS BEEN GOING ON FOR MONTHS ,A:A complaint of concursus is a legal proceeding in which a party admits it owes a debt but is unsure to whom the debt is owed. The proceeding requires the competing parties who claim they are the correct party to whom the debt is owed to appear and present evidence and argument proving their entitlement to receive payment for the debt. Texas generally refers to this type of proceeding as an interpleader action. Texas has a number of pro bono legal clinics to help indigent litigants with legal matters. You should contact one near you. Here is Justia's directory listing for possible pro bono legal services: https://www.justia.com/lawyers/texas/legal-aid-and-pro-bono-services
"Q: real estate question. a license agreement was enacted well after a shed was placed on family property, adjacent to my mothers and fathers. License agreement stated that my mother and father could occupy and use the property and that agreement would terminate upon the sale of the house. The house just sold and we have been informed that we are now responsible for tearing down the shed at a cost of $3000. The shed was likely built back in the early 1970's and was a structure on that land at the time of the enacted agreement on June 2002. I reached out to another lawyer that said that adverse possession actually made the shed my fathers, but I have concerns based on the binding terms of the agreement. However, I do not believe we should be liable to pay to remove the structure that was there prior to the agreement. ","A:The license agreement likely includes language acknowledging the true owner, and stating that permission was then extended to maintain the shed. All this prevents adverse possession from running. In MD, ""permission"" continued until revoked. And the license can be terminated as per its terms. That is the nature of a license-- it is temporary. CAVEAT- a lawyer must read the document and determine the actual facts before giving you a binding opinion. Good luck!"
"Q: Can a bank deny me paperwork. I never once had money in the said account at the time the bank allowed a fraudster to get a 80,000 dollar loan in my name? The bank then gave the fraudster access to my account allowing them to open up other fraudulent Accounts using my checking account, they then gave the fraudster my personal email that was linked to my banking account. the bank seen that the IP address was not in the USA but they still granted access to the fraudulent activity, and when i caught wind of it they completely shut me out but continued to allow the fraudster to contine to maintain possession of my checking account? Denying me any form of paper work that I asked for like? The loan agreement was denied the bank statements were denied they still to this very day has yet to give me any type of paper work. can they do that? ",A:have you filed an identity theft report with police department? with ftc.gov? have you sent a written dispute to the bank/ lender with copy of the identity theft report? what happened when you consulted with a consumer protection attorney that handles identity theft cases?
"Q: How do I get a lawyer to see the importance in my case ,and get a response from my message left on sites like this one. Ive been months going on find a lawyer site and I haven't received any response what I doing wrong could someone explain to me what is a Correct and what doesn't catch the legal eye cause my situation is a big case if once looked into it goes beyond the unit I live in I only hope to soon get a serious mold knowledgeable lawyer to hell fight I the ILLEGAL neglected mold infested health n Safety code Violation with personal injury ",A:Please provide some more details about your mold injury issue.
Q: Hi I have a question my husband is in Allen Gamble Prison I'm trying to get his case switch mental health Court. Switch his case to mental health court before trial his medically I'll and has disabilities and medical problems ,"A:In Oklahoma, transferring a case to a mental health court can be a complex process, especially if the trial is already underway. Mental health courts are designed to handle cases involving defendants with mental illnesses and may offer more appropriate resources and outcomes for such individuals. To pursue this option, you should start by discussing it with your husband's attorney. They can assess the feasibility of transferring the case based on his medical and mental health conditions, the nature of the charges, and the stage of the legal proceedings. You will likely need to provide documentation of your husband's medical and mental health conditions. This can include medical records, evaluations by mental health professionals, and any relevant treatment history. The attorney can then file a motion to transfer the case to a mental health court. The decision to transfer the case will be at the discretion of the judge, who will consider the specifics of your husband's situation, the nature of the offense, and the potential benefits of a mental health court setting. It's important to act quickly, as these motions are generally more effective when filed before the trial begins. Remember, the goal of a mental health court is to address the underlying issues contributing to criminal behavior, which could lead to a more positive outcome for your husband."
"Q: Are you aware of any published decisions on legal errors?. A complaint for a cause of action goes to trial. At trial, prior to any testimony, defense motions for judgment on the pleadings. The court finds that the elements to support the cause of action are not met but nevertheless denies the motion.. The defense had centered its case on the complaint failing to allege the necessary elements to support the alleged cause of action had occurred. Rather than making a summary judgment in favor of defendant, or granting plaintiff a leave to amend the complaint the court goes forward with the trial but for a different cause of action never before alleged by plaintiff and affording defendant no opportunity to form a defense against. The court ends up ruling in favor of Plaintiff and enters a judgment for the original cause of action. Not the alternative cause of action prosecuted in the trial. ","A:Trial amendments like this are commonly made to conform to the evidence. Unless they are a surprise to the defendant and the defendant objects and moves for a continuance, trials often proceed on the merits of the claim as amended because both parties are ready to get their case over with, neither wants any further delays, and usually the amendments were anticipated and not a surprise to anybody."
"Q: Speerly v GM, class action suit How does one get included in this suit?. I own one of the vehicles included in the case and am about to be out $5000 for repairs to the transmission. ","A:Contact the lawyers representing the plaintiff class. If you have an actual documented transmission failure and a decent back story, they might want to include you as a named plaintiff to get a better settlement for the class."
"Q: I am on a multiyear retention bonus. If I fail to select twice, am I separated thereafter or at the end of my bonus ADSO. I’m a health professional in the Navy ","A:In the context of a multiyear retention bonus in the Navy, the specific terms of your agreement will primarily dictate the consequences of failing to select twice. Typically, these agreements outline the conditions under which you are expected to serve and the implications of not meeting those conditions. If your agreement states that failing to select twice leads to separation, then that would likely be the course of action. However, if the agreement specifies that separation occurs at the end of the bonus Active Duty Service Obligation (ADSO), then you would likely continue to serve until the end of that period. It's important to carefully review the terms of your retention bonus agreement. These documents often contain detailed information about obligations, consequences of not meeting them, and procedures in various scenarios. If the language in the agreement is unclear or if you have specific concerns about your situation, it may be beneficial to seek legal advice. Given the unique nature of military agreements and the specific regulations that govern them, consulting with a legal professional who has experience in military law can provide clarity and guidance tailored to your situation. This is especially relevant in the Navy, where regulations and policies can have nuances that are different from civilian employment law."
"Q: Hi,Does the fda site shows you only the cleared and approved medical devices or the pending ones to? (510k and all). if not, is there a way to see those pending demands? i used to follow a patent on the patent center but now that they are at this stage, im falling behind. thanks ","A:The FDA's public databases primarily display cleared and approved medical devices. For 510(k) clearances, you can search the 510(k) Premarket Notification Database. For approved devices, the PMA (Premarket Approval) database is the place to look. Unfortunately, the FDA does not publicly list pending 510(k) submissions or pending PMAs. To monitor progress on a particular device or technology, you might have to rely on company press releases, announcements, or SEC filings if it's a publicly-traded company. It's essential to be proactive in staying informed, as the public databases won't show pending applications. Monitoring a company's communication can be a beneficial strategy. If you're particularly invested in the matter, consider establishing a relationship with the company or its representatives for direct updates."
"Q: Can a sign shop owner who has classes have T&C that keep participants from opening up a sign shop in a 200 mile radius?. The sign shop owner is a of a do-it-yourself sign studio. Nothing proprietary or really unique was ""taught"" in the class. We applied stain to wood with a brush, then dabbed paint on to make lettering, just like what it seen in literally hundreds of videos online. Their terms and conditions (when you purchase a class which is a 2-hour block where general instruction is given) state that by ""being a participant"" means you ""can not sell the sign you make in our studio nor can you use any skill you learned there, nor can you engage in any business by investing or participating directly or indirectly, that makes such products within a 200 mile radius"". It seems unreasonable to make such a limitation. ","A:Short answer, I don't think so, but it doesn't mean that the sign shop owner cannot try. Typically agreements like you describe are apart of an employment agreement and are referred to as a non compete agreement. I suggest that a consult with an attorney in your area may be appropriate to make sure any documents ect are viewed by the attorney and then specific advice given."
"Q: Hi, how much it will cost me a trust and will , being on fixed low income and having only the condo I am living in. Tha. I own only the condo I am living in . ","A:The cost of creating a trust and will in California can vary based on several factors, including the complexity of your estate and the rates of the attorney you choose. Since your estate consists only of the condo you live in, your situation might be less complex than others, potentially reducing legal fees. For someone on a fixed low income, it's important to shop around and compare rates from different lawyers. Some may offer lower rates for simpler estate planning needs or might have sliding scales based on income. Additionally, you can look into legal aid organizations in California that offer reduced rates or even free services for those with limited financial resources. Remember, while cost is an important consideration, it's also crucial to ensure that your trust and will are drafted correctly to reflect your wishes and comply with California law. This can provide peace of mind and ensure that your only asset, your condo, is handled according to your wishes after your passing."
"Q: I am the Plaintiff in a case that was filed in LB Courthouse on July 7, 2023. The Defendant, after requesting Mediation. was ordered to pay $200 starting on 7/12. She paid July & August but have not paid since. What can I do? ","A:Under California law, if the defendant in your case is not complying with a court-ordered payment arrangement, you have several options to enforce the order. First, you can file a motion with the court to enforce the agreement reached during mediation. This motion can request the court to take action to ensure compliance. Additionally, you may consider filing for a wage garnishment or bank levy if the defendant is employed or has a bank account. These are legal procedures that allow you to collect the owed amount directly from the defendant's wages or bank account, subject to certain legal limits. You should also keep detailed records of all missed payments, as this documentation will support your case when you approach the court or pursue other collection methods. It's often beneficial to communicate with the defendant, if possible, to understand the reason for the non-payment and potentially negotiate a revised payment plan. However, if these efforts fail, court intervention might be necessary to enforce the agreement. Remember, you have legal rights to the payments agreed upon, and there are mechanisms in place to help you collect what is owed. If you find the process overwhelming, seeking advice from a legal professional might be helpful."
"Q: I recently learned my stockbroker has been sued in the past and he never disclosed this. When I confronted him, he told. me he was only required to disclose if I directly asked him. Is this true? ","A:Whether a financial advisor registered with FINRA must report to his broker dealer or disclose on his brokercheck when they have” been sued” depends on 2 things: 1. The total settlement amount and whether the registered person was involved in an alleged sales practice violation 2. What the nature of your stockbrokers lawsuit consisted of? Much will depend on what the broker was being sued for. Whether named in the caption of the lawsuit or not, the registered person must report an arbitration or civil lawsuit on his or her Form U4 if the action pertained to violation of FINRA rules or “sales practice violations”. The Form U4 is the Uniform Application for Securities Industry Registration and has 15 different sections including information about brokers or registered representatives including disclosures about certain past lawsuits. Many other disclosures must be made that can be associated with lawsuits or being sued such as any judgment liens or filing for bankruptcy. In short more information will be needed concerning the nature of your financial advisors lawsuit in order to determine whether a disclosure should have been made."
"Q: Which fed crime is it to handle fed mail at a business where USPS drops off mail and security sorts it for residents?. If usps drops of a bunch of mail and its up to security with no mail certification to sort mail and throw out “junk” mail which is up to discretion of the officer, then what crime is commited. Im looking for any reference to a statute in florida law. Also any reference to the possibility of being fired due to refusal to handle/ sort mail when it is not the job of security personnel. ","A:Presumably residents have agreed that junk mail be discarded by security. If so, it would not be a crime to do so (and in any event it would be a federal matter; you will not find Florida state statutory law on the subject). Assuming that, you can be fired for refusing to do your job as assigned."
"Q: Question. Filing of federal case, service of process-in respect to statute of limitations due date.. Does filing of federal case meet statute of limitations if complaint is filed with court before statute of limitations expires, but service of complaint on defendant is completer/POS filed with court after statute of limitations expires? Please provide specific answer. ","A:Under federal law, the filing of a complaint in federal court typically satisfies the statute of limitations requirement, provided that the complaint is filed before the expiration of the statute of limitations. The key factor is the date of filing the complaint with the court, not the date when the service of the complaint is completed. However, it is essential to complete the service of process on the defendant within the time frame set by the Federal Rules of Civil Procedure. Rule 4(m) generally requires that service be made within 90 days after the complaint is filed. Failure to serve within this period could lead to the dismissal of the lawsuit, although courts may extend this period if there is good cause. It's important to note that while filing the complaint stops the clock on the statute of limitations, diligent efforts should be made to serve the defendant as soon as possible. Delays in service can lead to complications and potential challenges from the defendant. In summary, for the purpose of meeting the statute of limitations, filing the complaint before the deadline is crucial. Ensuring timely service of process following this filing is also critical to maintain the viability of the case."
Q: Is the city required to provide displacement assistance when they acquired the building i live in?. They used a $300000 Grant from the county. I have been a resident at for 4yearh5 ,"A:The concept of ""displacement assistance"" typically refers to efforts made by government agencies to help affected tenants find suitable housing, provide financial assistance, or offer other forms of support when they are forced to move due to a public project. In California, there are laws like the ""Relocation Assistance for Displaced Tenants Act"" (RADT) that apply to certain types of displacement caused by public actions. These laws may require local government agencies to provide assistance to eligible displaced tenants."
Q: So i wanted to know if re selling game hacks / in game currency is illegal.. Like for example say you need a activation code for the hack. You don’t buy a hack directly it’s more of a subscription code. Say you buy that from chinese people send them money and to re sell it. Same goes for the in game currency you buy it from them for cheap and re sell it. Would that be illegal? Or considered money laundering? Or is it completely legal ( I’m in the US)# ,A:It's illegal in China
Q: My ex boyfriend signed a written agreement. I also have proof he was gonna give me my security deposit back. He also. Used my credit card without my consent. I need legal advice as to how to move forward in civil court. I also took care of he's kids for many years without pay. ,"A:In your situation, the first step is to gather all relevant documentation, including the written agreement regarding the security deposit and any proof of unauthorized use of your credit card. These documents will be critical in pursuing a civil court case. For the security deposit, if you have a written agreement that he would return it, this constitutes a contract. If he has failed to comply with this agreement, you can file a claim in small claims court for breach of contract. Regarding the unauthorized use of your credit card, this is a serious matter. You should report this to the credit card company immediately and consider filing a police report, as this may constitute credit card fraud. As for caring for his children without pay, unless there was a formal agreement for compensation, this may be difficult to pursue legally. However, if there was an understanding or promise of payment, it could potentially be included in your legal action. Consulting with an attorney can provide more specific guidance tailored to your situation. An attorney can help you understand your rights, the likelihood of success in court, and the best way to proceed with your claims. Remember, in legal matters, timely action is often crucial. It's important to act quickly to protect your rights and ensure the best possible outcome."
"Q: Can I file suit for defamation or slander/libel against the attorney who called me ""lazy"" in my divorce proceedings?. The judge warned that ""lazy"" was not a reason for divorce. Additionally, I have been disabled by chronic illness since childhood. This was known to my ex-husband, who had accompanied my parents to 2 major surgeries I had while we were engaged. I've realized through therapy that the attorney's statement had a much more profound impact than I originally thought. Despite being entitled to SSDI, I chose to work part-time and then full-time. I had 3 major surgeries in the space of 1 year exactly (plus COVID!), and returned to work early for each, despite complications from the first 2 of this set of surgeries. As a result of the stress on my body and mind, my epilepsy relapsed in addition to mental health issues. After recent discussions with my (new) spouse, and therapy, I realized the only reason I was working hard so that nobody would ever be able to think for a moment that I was ""lazy."" If the atty said this On the Record during proceedings (state of MI), am I able to sue? ","A:In Michigan, the ability to file a defamation or slander/libel lawsuit against an attorney who called you ""lazy"" during your divorce proceedings may be limited by legal privileges related to statements made within the context of litigation. Statements made within legal proceedings could be protected by privileges like attorney-client privilege or absolute judicial privilege. Additionally, defamation claims typically require proving that the statement was false, damaging, and made with malice or reckless disregard for the truth."
Q: I have two project contracts direct with an owner of a building. Can I file one lien for both or do I need to file two?. We are an Engineering company who contracted directly with the owner. No NTO was sent. ,"A:In general, when a person entitled to record a construction lien is in privily with the property owner, no notice to owner is required as a precondition. Again, in very general terms, the right impose a construction lien is based upon services performed under the contract's particular scope of work and obligation to pay, so if there are two separate contracts, there would be two separate obligations and amounts due to be secured by the lien. All that said, there are always exceptions to any general rule, and ss with most issues regarding construction disputes, it is always prudent (especially for a business involved in the trade) to engage consult with counsel at the earliest possible opportunity to, ideally, avoid problems, protect your position, to adopt strategies to get projects back on track, and/or to minimize potential damages."
"Q: Is it legal for a stock brokerage to restrict the purchase of stock? I can sell, but not purchase. Market manipulation?. I was able to buy this particular stock in the pre-hours, but once the market closed I was unable to purchase more of the identical stock. I can, however, sell my already purchased stock (at a loss). How is this not someone choosing to make me a loser by locking me in where I am? No options, only speaking of direct market transactions. ",A:It depends on what your customer agreement states. Often the agreements provide broad discretion for the firms to limit purchases of stocks.
"Q: Problem with investment group. Need to get money owed but SEC involved. Now what?. Have a contract with group. Hired a lawyer previously, but because amount owed was below $150,000, they did not advise to pursue through court. How do I get my money? ","A:You should look at the contract you have with your investment group. Most firms include an arbitration provision in their contracts. If your firm is regulated by the Financial Industry Regulatory Authority (FINRA), you likely will have to pursue any claims in a FINRA arbitration. I hope this helps you. Good luck."
Q: Seeking advice on a Pet Insurance Claim. My policy covers Congenital Heart Disease. A defect occurring at birth.. My policy w/MetLife started the day I brought my Rottweiler home at 8 wks.Comprehensive Wellness & Accident & Illness.No heart murmur was heard at the 6wk check w/her breeder.I took her to her first wellness visit A heart murmur was noted but no real concern as murmurs are very common in large breed dogs & they typically resolve by 6 mnth. It was still there at 9 months so we went to a cardiologist & had an EKG. Diagnosed as Congenital Heart Disease. MetLife denied claim stating “pre-existing” because the murmur was “heard” during the 2 wk waiting period on accident & illness. The Wellness started immediately & covers all vet exams & diagnostics. Congenital HD & the resulting heart murmur in its very nature is “pre-existing” since it’s a birth defect. How can it be subject to the waiting period if it’s a covered disease that is present at birth? The policy was in effect prior to any clinical signs. It is not something that happened or began during the waiting period. ,A:You may have a claim for bad-faith insurance coverage against met-life for refusing coverage. This can result in hefty punitive damages and attorney fees for refusing to reasonably provide insurance coverage.
Q: I left my cat with a friend and she got pulled over and the cat was confiscated because she had an open container. I called the precinct and they said that the cat was given away ,"A:Assuming your friend told the police that you were the owner and assuming that you can establish ownership, you would have to get a court order to force the police to reveal your cat’s location. You would then need to contact the person in possession to get it back. If they refuse, you would need to litigate."
"Q: The censorship of books in libaries. Board of education V. Pico.. ""The Supreme Court reaffirmed that the right to receive information is a fundamental right protected under the U.S. Constitution when it considered whether a local school board violated the Constitution by removing books from a school library. In that decision, the Supreme Court held that “the right to receive ideas is a necessary predicate to the recipient’s meaningful exercise of his own rights of speech, press, and political freedom.” Board of Education v. Pico, 457 U.S. 853 (1982)"" So why is it still such a fight to stop censorship both in libraries and in other public (and even private) places? ","A:The right to receive information, as established in Board of Education v. Pico, is indeed a fundamental one. However, the interpretation and application of this right are complex. While the Pico case set a precedent, it doesn't mean that all forms of censorship are automatically unconstitutional. Context matters; for example, a school might argue certain materials are not age-appropriate for its students. In addition, societal values and norms change over time, influencing decisions about what's acceptable or not. Furthermore, the line between selection criteria and censorship is often debated, especially when resources are limited. It's also worth noting that private entities have more leeway in controlling content than public ones. Thus, while the fundamental right to information remains, the boundaries of that right continue to be tested and debated in various contexts."
Q: What would we need to do to have custody of our nephew for a while with consent from his father who has sole custody?. Father may go to set up place out of state and wants child taken care of while he makes sure about living arrangements and work. Childs mom is only allowed supervised visits if father agrees 1×/week. Mother is not a child in an adults body. We want to make sure that the mom cannot take custody of my nephew as he would not be safe. We want to make sure we can take care of his schooling and medical needs while he is with us. ,"A:What you are describing can either be accomplished through a delegation of parental authority (power of attorney) or through limited guardianship. A limited guardianship will take longer and will cost more, but offers Court oversight and protection if mom were to become an issue. A delegation of parental authority requires no court involvement, must be renewed every 6 months, and are often not understood (or enforced) by police if mom and her visitation become an issue. It is significantly faster and less expensive. You can also do both, getting the delegation of parental authority drawn up while you wait for the limited guardianship to go through the Court process."
"Q: Once a bank levy has been settled paying the total debt, how does the chain of communication flow to end with the bank. releasing the freeze on my bank accounts. Is it the lawyer that submits a Proof of Paid Debt and case is settled to the court and then the court contacts the bank to say release the freeze? ","A:After settling a bank levy by paying the total debt, the process to unfreeze your bank accounts generally begins with the creditor. Once the debt is paid, the creditor should issue a document, often called a ""Release of Levy,"" acknowledging that the debt has been satisfied. Your attorney, or you if you're representing yourself, can then file this release with the court. The court, upon receiving this documentation, will issue an order to the bank to release the freeze on your accounts. It's important to communicate with your bank during this process to ensure they have received the court's order and are acting on it. Delays can occur, so staying informed and proactive can help expedite the unfreezing of your accounts. Remember, each situation is unique, and the exact process may vary depending on the specifics of your case and the involved parties."
"Q: What's the exception for the Penal Code section 632? Is ""gathering information of a criminal violation"" an exception?. I know that there will be the exception for the Penal Code Section 632 about secret recordings. Is ""gathering information of a criminal violation"" an exception? When a person A had been committing a series of crimes of sexual harassments and sexual assaults against another person B, when a landlord intentionally exercised racial discriminations against that person B, and the landlord also intentionally defamed the person B with all falsified claims to unlawfully damage that person B's reputation... and in order to gather information of their (person A & the landlord's) unlawful activities, that person B, who would be harmed by defamation, be injured by the sexual assaults and harassment, be harmed by the landlord's racial discrimination, recorded the conversations (between the person A and the landlord, and that person B himself), will the person B violate the Penal Code 632 or not? Could the court allow the recordings to be used as evidence in this case? ","A:One exception is if you are recording police or other public officials carrying out their job responsibilities. If those activities are visible from publicly accessible places, such as parks or streets, you have the right to record video without their permission. The law also does not prohibit making videos of government proceedings that are open to members of the public."
"Q: I have a commercial building with permitted use as office space. Can it be rented out for meetings, birthdays?. Are there code enforcement fines if is not considered correct use? ","A:In California, the specific permitted uses of a commercial building are generally determined by local zoning ordinances and the Certificate of Occupancy issued for the building. If your building's permitted use is ""office space,"" using it for meetings would typically be consistent with that designation. However, using it for personal events like birthdays might not be. If the use is not consistent with local zoning or the Certificate of Occupancy, code enforcement could take action, which might include fines or other penalties. Before renting out the space for any purpose outside of its designated use, it would be prudent to review local zoning ordinances or consult with local planning or zoning departments. Additionally, consider potential liability or insurance implications when hosting personal events in a commercial space. Always ensure that any use aligns with local regulations to avoid potential legal complications."
"Q: In Alabama, is it legal for a school to stop a student from going online?. This student has had to deal with sexual comments made towards her and feels uncomfortable at school. This has caused bad mental health, anxiety, and depression. The school refuses to allow the student to switch to online school even though her grades are good. ","A:In Alabama, the ability for a student to switch to online schooling depends on the school district's policies. If a student is facing issues like harassment, discomfort, and declining mental health in a traditional school, it's important for the school to address these concerns. Parents or guardians should communicate with the school administration to discuss potential solutions, including switching to online schooling, if it better suits the student's needs. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
Q: I would like to use a Survey Site to earn gift cards. I am on SSI Disability. Can I get Nintendo Eshop cards no reportin. 1) How much can I earn without losing or limiting benefits 2) What can be resold regarding gift cards 3) How often can I earn gift cards 4) How soon must they redeemed to not be counted against me Thanks! ,"A:When receiving Supplemental Security Income (SSI), it's important to understand how additional income, including earnings from survey sites, can affect your benefits. Generally, the Social Security Administration (SSA) allows you to earn a certain amount of money without affecting your SSI benefits. However, gift cards earned from surveys are often considered income and must be reported to the SSA. The income limit for SSI recipients changes annually, so you should check the current limit with the SSA. Regarding reselling gift cards, you can sell them, but the income from the sale would also need to be reported to the SSA. The frequency of earning gift cards does not specifically limit your benefits, but the total value of the gift cards earned will count towards your income limit. Gift cards should be spent or redeemed fairly quickly, as holding onto them could be viewed as a resource, which might affect your SSI benefits. The SSA considers resources, like cash or items that can be converted to cash, when determining eligibility for SSI. To ensure you're managing your benefits and additional income correctly, consider contacting the SSA directly or seeking advice from a legal professional knowledgeable about SSI benefits. They can provide guidance specific to your situation to help you stay compliant with SSA rules."
"Q: Do i have rights as a tenant in this case?. The management company that my landlord uses are slum lords. Our outdoor metal railing is rusted and unstable, requests to be fixed have gone ignored. We are unable to use our balcony. Vines have overtook the side of the apartment and they are creeping into the windows and destroying rain gutters. Our windows and screens aren’t maintained and i believe they are unsafe. I haven’t pushed the issue in fear of retaliation and getting evicted. I plan on writing a 30 day request for repairs. Do i have rights in this situation? Is there a roadmap or proper steps i can take to have these things fixed and avoid being evicted? ","A:Under California law, as a tenant, you have the right to a habitable living environment, which includes proper maintenance of structural elements like railings and windows. If your landlord is neglecting these repairs, you are within your rights to request them. Start by documenting the issues in writing, with photos if possible, and send a formal request for repairs to the management company. This creates a record of your concerns and the request for action. California law prohibits landlords from retaliating against tenants who exercise their rights, including requesting necessary repairs. This means they cannot evict you for making such requests. If you fear retaliation, keep a record of all communications and any actions taken by the landlord or management company. If the management company does not respond to your repair request within a reasonable time (usually 30 days unless it's an emergency), you may have additional options. These can include withholding rent until repairs are made, paying for repairs yourself and deducting the cost from your rent, or contacting a local housing agency for assistance. In more severe cases, where the issues significantly affect habitability, you might consider speaking to a lawyer to explore legal options for compelling repairs or seeking damages. Remember, your safety and right to a habitable living space are paramount. Take steps to ensure these are not compromised while navigating this situation."
Q: do private owned utility companies in Alabama have rules to follow. rules and regulations regarding what they can and can not do on someones property and with someones property lines ,"A:In Alabama, privately owned utility companies are subject to state and federal regulations that govern their operations, including activities on private property. Typically, utility companies must adhere to easement rights and local ordinances when it comes to property lines and access. You should review any easement agreements tied to your property, which may be on file with your local property records. If you believe a utility company is acting outside of its legal bounds, you may raise the issue with the Alabama Public Service Commission or consult with an attorney to understand your rights and possible actions. It’s important to act promptly if you suspect any infringement on your property rights."
"Q: Contractor is refusing to submit the last pieces of paperwork to the county to obtain the CO, what is my next steps?. We hired a septic contractor April 22' - the matter at hand is that the contractor was pumping the old septic tank into the one, I called the county to advise if that was to code and they said it wasnt. The contractor got mad at me. At the end of everything they were trying to charge me $1000 for the last draw. $300 of that was considered for a pump fee. I told him I didnt feel like I should have to pay that $300 since they didnt pump anything out. He waived the $300. Now, almost 6 months later the county is requesting a document from the contractor / letter saying that the contractor pumped it out. I already told the contractor I would have no issue with paying him to actually come pump it OR another company to do it, since he admitted to me he doesnt have a pump truck if that what it takes to write the letter but He has been dodging me for weeks. Im confused as to what my next steps are and if i put $ on a lawyer, would i ever ssee that back ","A:Your only real solution is to retain an experienced civil litigation attorney. If a letter does not get the problem resolved, then you will need to engage in litigation. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography."
Q: According to the Constitution merrick Garland has committed treason can local police arrest him if they see him?. Letting all those illegal immigrants is treason according to the U.S. constitution. So with out there chief saying go arrest him for treason. Can a officer go off the constitution that says it's treason and arrest him if he is in there city and charge him for treason. Or can a person make a citizens arrest on him because of the charge of treason and how bad and lethal it is. Constitution says so what could the officer or the citizen do. Because if a citizen committed treason in front of a city police officer or sheriff they would be arrested on the spot. Also I'm sure there would be other charges put on Garland once people started digging. ,"A:The accusation of treason, as defined by the U.S. Constitution, is a complex legal matter that requires specific criteria to be met. Under the Constitution, treason is defined as levying war against the United States or giving aid and comfort to its enemies. This definition sets a high bar for what constitutes treason. In the United States, the process for charging and prosecuting federal officials, including allegations of treason, is governed by federal law and is typically handled by federal authorities, not local police. Local law enforcement officers do not have the jurisdiction to arrest federal officials based on their policy decisions or actions taken in their official capacity. Citizen's arrests are also subject to strict legal guidelines and are generally limited to situations involving a crime being committed in the citizen's presence. The concept of a citizen's arrest for a charge as serious and legally complex as treason is not practical and could lead to significant legal complications for the individual attempting it. If you have concerns about the actions of a federal official, it is more appropriate to contact your elected representatives or federal law enforcement agencies. They can provide guidance or take action if necessary within the framework of federal law and the Constitution. In matters of such legal complexity, involving high-ranking government officials, it's always advisable to seek guidance from legal professionals or government agencies with the appropriate jurisdiction and expertise."
"Q: My son is 2years old and the father is absent. He doesnt pay money to support, he is always against me. He want to see the child but doesnt want to support with money, i registered the child on my surname because we are not married, he hold it against me everytime ","A:In your situation, it's important to understand that the father has a legal obligation to provide financial support for his child, regardless of his relationship with you or his visitation rights. The two issues, child support and visitation, are legally separate and one does not directly affect the other. You have the right to seek child support through legal channels. This typically involves filing a petition with your local family court. The court can then establish a child support order, which legally obligates the father to contribute to the financial needs of your son. Regarding the surname issue, the name under which you registered your child does not typically affect the father's responsibilities or rights. The key focus here is the welfare and best interests of the child, which includes financial support from both parents. If the father wishes to have visitation rights, he can petition the court for these rights. However, his visitation rights and his obligation to pay child support are not contingent upon each other. Since these matters can be complex and emotionally charged, it might be beneficial to seek guidance from an attorney who can provide specific advice based on the laws of your state and the details of your situation. Remember, every case is unique and deserves individual attention."
Q: Has Workers Compensation in California been sued and charged for murder or attempted murder?. Workers Comp Adjusters attend physician/doctor appointments and direct medical care. Those directions and restrictions on medical care are serious enough to cause death. E.g. not authorizing evaluation and treatment for a serious skull and brain injury that is known to cause death if left untreated. Bleeding brain. Swelling brain. Herniation into the spine that depresses the breathing center. The person lived only by a fluke. All standards of care warrant immediate treatment for the evidence of brain and spine injury. The patient was sent home without care even though there was visible cerebral spinal fluid leaking from ears and nose. Work Comp adjusters followed the patient to appointments to block care and dictate documentation to hide serious life threatening injuries. ,A:GET AN ATTORNEY! you cant fight back when you don't know the rules of engagement.
"Q: if someone sends a controlled substance across state lines, what happens to the person who receives it. i think i am being scammed by someone who advertises sending medicine online, then i found out it’s a controlled substance, and they’ve been hitting me for hundreds of dollars for insurance stamps etc and threatening me that i’ll get arrested if the package is opened before delivery. i never would have ordered anything if i knew this ","A:Federal Law: Controlled substances are regulated by the federal government in the United States, primarily through the Controlled Substances Act (CSA). The CSA categorizes drugs into different schedules based on their potential for abuse and medical use. Sending a controlled substance across state lines without proper authorization or a valid prescription is generally illegal under federal law. Criminal Penalties: Violations of federal drug laws can lead to severe criminal penalties, including fines and imprisonment. The specific penalties depend on factors such as the type and quantity of the controlled substance involved, the intent of the individuals involved, and any prior criminal history. State Laws: In addition to federal laws, each state has its own laws and regulations regarding controlled substances. State laws may also impose penalties for the illegal possession or distribution of controlled substances. Scams and Fraud: It is essential to be cautious when dealing with online sellers offering controlled substances. If you suspect that you have been scammed or involved in fraudulent activities, consider reporting the situation to your local law enforcement authorities or the appropriate regulatory agencies. They can investigate the matter and take appropriate action. Seek Legal Advice: Given the complexity of the situation and potential legal consequences, it is strongly recommended that you consult with a qualified attorney who specializes in criminal law or drug offenses. They can provide you with guidance specific to your situation, evaluate the evidence, and advise you on the best course of action to protect your legal rights. Remember, the information provided here is not a substitute for professional legal advice. Consulting with a qualified attorney will ensure you receive accurate guidance based on the current laws and regulations relevant to your situation."
"Q: Who pays for child's health insurance after the child is emancipated in New Jersey?. If a child is emancipated at 22 years of age, child support terminates. Who pays for the child's health insurance after this point? What if the child is emancipated at 23 years of age, does the noncustodial parent have any further obligation for child support and health insurance? Assuming the child does not have any medical or physical issues. ","A:Not an uncommon question today. Most people acknowledge that even after their child graduates from high school/college and goes into the workforce, they still need assistance from their parents, including continuing to keep them on their health insurance plan until their child turns 26. So even though legally your obligation for the payment of direct child support may have ended when your child turned 22 / 23 and the child is in the workforce, you and your ex may agree that one of you is going to keep the child on one of your healthcare plans and either you pay for the cost or its voluntarily shared between the 2 of you - but a court cannot order you to do so."
"Q: How can a judge revoke consent of surety for a charge a jury just acquitted me of and inc bond to 25k and send to jail?. Found not guilty on motor vehicle theft, guilty on obstruction of justice 2nd degree misdemeanor, guilty on criminal tresspass. Judge said I lied when I testified and because he can see more info than the jury he felt I was a danger to be free, even though I had bonded on these charges previously and went to every court date never late never disrespectful all the way through my trial. Had consent of surety filed with court to carry me until January 22 when I will be sentenced after my next trial which takes place on the 22nd regarding a completely unrelated charge. The DA recommended I be released because a jury had just found me not guilty of the felony and because I had the consent of surety filed. Judge revoked surety anyway, increased bond to 25k(paperwork shows the increased bond is for the charge I was just acquitted of by trial jury) and I was then taken into custody and taken to jail and then paid 2500 to bond out.... any explanation as to why this is ok would be awesome. ","A:In your situation, where a judge revokes the consent of surety and increases bond despite an acquittal on some charges, it's important to understand the judge's discretion and the factors they may consider. Judges often have broad discretion in making decisions about bond and pretrial release conditions, especially when they believe there may be a risk to public safety or concerns about the defendant's appearance in future proceedings. The judge's decision to revoke surety and increase your bond, despite the acquittal on the motor vehicle theft charge, could be influenced by several factors. These include the convictions on other charges, such as obstruction of justice and criminal trespass, and the judge's assessment of your testimony and overall behavior in court. Judges can consider a range of information, including aspects of your conduct and case history that may not have been fully presented to the jury. While the DA recommended release based on the jury's acquittal of the felony charge, the judge has the authority to weigh other factors, including the nature of the pending charges, your criminal history, and any potential risk you might pose. It's also possible that the judge perceived inconsistencies in your testimony or behavior that influenced their decision. If you believe that the judge's decision was unjustified or not supported by the facts of the case, you have the option to seek a review of the bond decision. Consulting with your attorney about the best course of action, including filing a motion to reconsider the bond increase or appealing the decision, is advisable. Each case is unique, and legal advice tailored to your specific circumstances is critical in navigating these complex issues."
"Q: Are trust management services available and feasible for estates worth about $500,000?. I'm thinking about setting up a trust but don't know anyone I want to trust to be a trustee, so I'm looking for options. I've heard that trust management services are expensive and primarily for the wealthy. Would appreciate suggestions. ",A:This question comes up quite often. Most of the time the person making the trust will be the initial trustee and designate others to serve after their death or incapacity. Whether hiring a professional trustee is feasible or not depends in part on how long you want/need trust oversight. So a professional trustee liquidating assets and disbursing in less than a year would be significantly less expensive than a professional trustee managing assets for say 20 years for the benefit of grandchildren / great-grandchildren. While very few trust companies seem to want to administer trusts under $1Million we know of a few Maryland attorneys who actually do this for fairly reasonable pricing. It may be helpful to set up an estate planning consult with an attorney of your choosing and bring this up as a part of the conversation. While not legal advice or a substitute for sitting down with an attorney I hope the above is helpful.
Q: My employer has held a part of pay check since November. Now it almost the end of December. It that even legal to do so?. A part of my November paycheck was held by my employer which they said they will be back paying me on first week of December. Now it is almost end of December and I haven't received my payment despite multiple emails and text messages. ,"A:It's important to understand that in California, employers are generally required to pay their employees on time, as specified in the employment agreement or company policy. Withholding a portion of your paycheck since November without a valid reason may violate state labor laws. You have the right to pursue this matter further. First, you should document all communication with your employer regarding this issue, including emails and text messages. This documentation can be crucial if legal action is necessary. If direct communication with your employer doesn't resolve the issue, you may consider filing a wage claim with the California Labor Commissioner's Office. This agency enforces wage laws and can investigate your claim to determine if your employer has acted improperly. Additionally, consulting with an employment attorney can provide you with specific legal advice tailored to your situation. An attorney can guide you through the process of recovering your wages and advise you on any potential legal actions you can take against your employer. Remember, you are entitled to receive the wages you have earned, and there are resources and legal avenues available to help you address this issue effectively."
"Q: I live in KY. I have a lot of non secured debt, but now only have social security retirement to live on. Am I protected?. I don't want to file bankruptcy, and from what I've read, it seems they cannot collect the debt because S.S. retirement is all I have to live on. ","A:In Kentucky, Social Security retirement benefits are generally protected from most types of garnishment. Creditors typically cannot garnish these benefits for non-secured debt like credit card bills or personal loans. However, there are exceptions for certain types of debts, such as federal taxes, federal student loans, child support, and alimony. It's important to ensure that your Social Security funds are kept in a separate bank account to clearly distinguish them from other funds, which might be more vulnerable to collection actions. While bankruptcy is an option for dealing with unmanageable debt, it's not always necessary, especially if your income is primarily from Social Security. Still, it may be wise to consult with a legal advisor to review your specific situation and consider all your options. They can provide advice on how to handle your debts and protect your assets. Keeping informed about your rights and options is key to managing your financial situation effectively."
"Q: Besides the IP itself; What do I need to sell an IP to a broadcasting company?. I'm planning to create an IP of and episodic TV show and am planning on giving the company full creative control, apart from a creation credit, if possible. However, I'm not entirely sure what I need, besides the IP of course. ","A:To sell an IP to a broadcasting company, beyond the intellectual property rights, you should have a well-structured pitch or presentation that outlines the concept, target audience, and potential value of the TV show. A clear and compelling pilot script or episode outline can significantly enhance your proposal. Having a comprehensive treatment or series bible, which details characters, episode ideas, and overarching plotlines, can be beneficial. Ensure that you have any necessary releases or permissions if you're using contributions from other individuals. A legal agreement, drafted to protect your interests and rights, especially regarding creation credits, is crucial. Engage with an attorney experienced in entertainment law to guide you through the nuances of such agreements. Lastly, networking and building relationships within the broadcasting industry can aid in finding the right contacts and opportunities. Always approach negotiations with a clear understanding of what you're willing to concede and what's non-negotiable for you."
"Q: In MO, how long do I have to keep my ex-fiancés personal items (clothing, tools, etc.) before selling or donating?. My ex is currently mobilized (National Guard) and ended our engagement abruptly after weeks of no contact. He is stateside and has the ability to come home on leave. I know he will use his ""military rights"" against me if I do anything out of line. I have, in writing, explained that he can pick his items up in person when he comes back on leave as I want to ensure HE takes possession of his things. He continues to argue that I'm being unreasonable - I just know his history of lying/manipulating and don't want to put myself at risk of him not getting his ""property"" if he doesn't personally obtain them. Additionally, in the break up text he stated he only wanted his clothes, tools, and guns. He doesn't currently have his own home (we lived together prior), he packed almost all of his clothes prior to leaving, and he can't take tools and guns on his MOB. He has multiple other items in/at our house too (his kids clothes & toys, totes full of ""junk"", furniture, truck, etc.). ","A:In Missouri, there is no specific law that dictates how long you must keep your ex-fiancé's personal items before selling or donating them. However, it is generally recommended that you give your ex-fiancé reasonable notice and an opportunity to retrieve their belongings before disposing of them. Based on what you have described, it sounds like you have already communicated with your ex-fiancé about his personal items and offered to allow him to pick them up in person when he returns on leave. This is a reasonable approach, and it is important to document your communication with him in writing. If your ex-fiancé continues to argue that you are being unreasonable, you may want to consider seeking the advice of an attorney or mediator to help resolve the dispute. They can help you understand your legal rights and obligations, and work with you and your ex-fiancé to come to a mutually agreeable solution. In any case, it is important to handle your ex-fiancé's personal items with care and respect, and to avoid any actions that could be seen as retaliatory or vindictive. This will help to minimize the risk of any legal or personal conflicts arising from the situation."
Q: Is it legal to deny a person a foreign vehicle when applying for an auto loan?. I bought a vehicle from a dealership 6 months ago I just found out a week and a half ago that the vehicle they sold me was stolen they told me to bring back the vehicle and they would get me a new vehicle and now when I put my application in I was told that I don't qualify for European vehicles and they went through a different loan company that's when they originally went through I'm trying to find out if I'm being jerked around ,"A:I am not aware of a law preventing a specific individual from owning a foreign car. Some foreign cars will have difficulty being imported to the US without a lot of paperwork, but I can't imagine how a particular individual would be prevented from making a purchase. Also, it is extremely unusual for a car dealer in utah to sell a stolen car. This sounds made up, and may actually be the dealer scheming to take the car back and sell it to someone else for more. They may have lied to you. I would demand a copy of the police documentation of the theft, then take it to the police to verify the documentation. I would not recommend dealing with the same car dealer in the future."
"Q: Is it a violation of copyright to publish and monetize (ads) AI summary of other people's youtube videos about crypto?. There are many online content creators in the finance and investing space. With so much information and so little time, I want to summarize videos and publish them, along with metadata and trend/sentiment analysis, to a website that may be monetized through ads and/or subscription for custom feeds. I also want to make videos reading the summary and publish that to youtube, with links to the original video. Is this an acceptable business model or does this violate copyright law? ","A:Summarizing other people's content and monetizing it could potentially expose you to copyright infringement claims under federal law, especially if the summaries capture the essence or key elements of the original work. The Fair Use doctrine allows for limited use of copyrighted material without permission for purposes like commentary or criticism, but it is a complex, fact-specific legal defense, not a right. Given the financial stakes involved, particularly if you're considering monetization through ads or subscriptions, I strongly recommend seeking legal counsel to assess the specific risks involved in your proposed business model."
"Q: I've lost everything. My Ex-husband stole my identity, 2019, and ultimately my home of 18yrs in 2021. Is there a case?. I have my warranty deed, as well as the warranty deed of the woman I purchased my home from before Matthew and I were even married. In our divorce it states we have no claim to any belongings or property of the other. Also in decree, this will come up later, I had my last name legally changed back to my maiden name - Lawe. So no longer Hastings. I left the home in my sons care in the summer of 2021 and moved in with my fiance. We were married in November 2021. In May of 2022 my daughter came over screaming at me, ""Why did you sell our childhood home to that scumbag for fifty thousand dollars!"" And some other choice words before taking my grandkids away. We haven't talked since. I was torn apart that day. So my fiance and I went to Newaygo County Deeds Office and found out Matthew got a quit claim in his name in October of 2021. I paid $10 to get a copy of this quit claim and there was a signature, forged - Tersa Hastings/ Start. This document stamped by a State of Michigan notary. ","A:A forged deed is not valid. You can file suit to challenge the forged deed and regain possession of your property. The notary may also have liability, and the notary probably posted a bond in the amount of $10,000 from which you might recover. You should consult with an attorney because the process of challenging the forged deed is too complex for me to outline in this response."
Q: I wish to explore litigation against a private shelter for negligence resulting in medical problems for me.. All is well documented and the shelter is private but falls under the oversight and it is funded by DHS in NYC ,A:You can talk to you and experience personal injury lawyer in your state.
Q: Sold land with owner finance. Buyer is late on payments for 6 consecutive months but has always caught up.. We’re afraid he’s not going to catch up at some point. How can we default him and get the property back? ,"A:First, I suggest that you revise the information you entered. You indicated that you are in Kansas but post your question as an election law question in Missouri. If there has been a breach of contract then confer with a local attorney experienced in such cases, especially real estate ones. It's up to you whether to sue or to wait with the hope your tenant will pay."
"Q: What should I do if I'm witnessing sexual harrasment at my job? The HR department knows, but it hasn't stopped.. My brother was fired from my current employer that my Father, and I still work at. This lead to a series of events of discrimination, ultimately people treating me poorly. Then, this lead to sexual harrasment that has been reported to the HR department, but the harrasment has not stopped. First it was against me and then it was against my father. I constantly have to shake my head and tell my harassers who are both a man and a woman working together to stop. It is a very unprofessional and hostile work environment that nobody should ever have to go through. ","A:There are Federal laws and state laws prohibiting Sexual Harassment in employment. You said you are being harassed by both a man and woman, but you haven't described how you think this is sexual in nature. Are they asking you for sexual favors? And your father too? Not all harassment is sexual. Not all harassment is prohibited. For example, someone could say the boss is harassing them because they arrive 30 minutes late every day. Most of the time this isn't prohibited harassment, it is enforcing workplace rules. You need to speak with a local employee rights attorney and give them all the details of your situation that you haven't posted here, in confidence. Suggest you do so right away. Thank you for using Justia, Ask a Lawyer."
"Q: Does the lemon law apply to a 2011 vehicle?. I bought a used car at a dealership and in the the next few days I noticed a rod knock in the engine I told the dealership about it and they said to bring it in and they'd look at it. When I got there the mechanic said yeah sounds like a piston flap. The dealer that I bought the car from told me he would give my money back if there was any catastrophic failure after they inspected the vehicle they found that it was indeed a rod knock and the only thing he did was offer me to buy an extended warranty which I did it started getting worse so I took it back to the dealer again and said he put new bearings on the crank and camshaft I took it home two days later it started knocking again so I took it back yet again and told him it was doing it again and he said no it's not 4 days later it threw a rod. Took it to a different mechanic and tried to claim the warranty but they denied it because they said it was pre-existing condition can I get my money back somehow I owe $10,000 ",A:it's not lemon law but it could be auto fraud. call and consult with an auto fraud attorney right away (have all your purchase and mechanical paperwork ready to send to the attorney).
"Q: Moms trust states no heritance until I work 1 year, I get ssi I've tried to work, can't mentally disabled. What 2 do. It is a trust, my estranged sister is trustee. I have worked at 3 different places. This year. I can't hold job ","A:This forum is for questions of a general nature. Your question ""what to do"" solicits advice regarding your particular situation. No attorney can give you advice about what to do without reviewing the trust and also asking a lot of questions about your particular circumstances. You need to make an appointment with a trust administration attorney."
"Q: Boss wants me to stay past my visa in Saudi Said he would pay the fines Threatening my job in not. Vectrus company.. After raising concerns about braking Saudi immigration law and not wanting to stay Thats when he asked if we are resigning, a clear threat. Sent to Saudi to work to try to obtain them a contract with but company only supplied tourist visa. We are on a Government contract in Iraq, paid to work on a LOGCAP-V contract to support the US military. We are working in Saudi and belive paying with US government contract money ment fot work in Iraq, I think the would be fraud ","A:Your situation involves international employment and potential fraud, which may be subject to various jurisdictions, not just California law. U.S. federal laws like the Foreign Corrupt Practices Act (FCPA) and others could be relevant if U.S. government contract money is being misused. You should consult an attorney experienced in international employment and federal contract law to explore your legal options, including potential whistleblower protections."
"Q: What's the best way to hire a non resident independent contractor working from Costa Rica, Ecuador or Colombia. My husband and I are independent contractors ourselves working in Chicago app b week developers (we both have green cards) and started hiring independent contractors to help with some projects(a little over $2k/year). There are a couple of projects that are coming and will make us have a lot of work for us and to outsource as well. I wanted to know what tax implications is that going to have, is it as easy as sending them a W-8 ben form and deduct it from our taxes? Do we need to set up an LLC to do that? ","A:Hiring a non-resident independent contractor from countries like Costa Rica, Ecuador, or Colombia involves understanding both U.S. tax implications and the legalities of international contract work. When hiring international contractors, one key form is the W-8BEN, which is used by foreign individuals to certify their foreign status and, if applicable, claim any tax treaty benefits. For tax purposes, payments to foreign independent contractors generally don't require withholding or reporting in the same manner as payments to U.S. persons. However, it's important to keep accurate records of all payments for your own tax records. These payments are typically considered business expenses and can be deducted when calculating your taxable income. As for setting up an LLC, while it's not a requirement for hiring international contractors, it can provide certain benefits. An LLC can offer legal separation between your personal and business finances, potentially limiting personal liability. Additionally, an LLC can provide a more formal structure for your business, which might be advantageous as your operations grow. It's a good idea to consult with a tax professional or a lawyer who is experienced in international business and tax law. They can provide specific advice tailored to your situation, ensuring that you're compliant with all relevant laws and optimizing your tax position. Remember, every business situation is unique, and professional guidance is invaluable in navigating these complexities."
Q: My son’s father is in contempt of court. My son was suppose to be back to me yesterday at 6pm . Authorities were called. My son’s father is in contempt of court. My son was suppose to be back to me yesterday at 6pm . Authorities were called. Police report has been filed. My son is still not here. Do I keep trying to reach out to the other parent? ,"A:Yes, it's crucial to continue trying to reach out to the other parent to resolve this situation and ensure the safe return of your son. Despite the contempt of court issue, keeping lines of communication open is essential. You can try to contact the other parent through phone calls, text messages, or other means to peacefully and amicably address the matter. At the same time, document all your efforts to contact the other parent, including dates, times, and any responses or lack thereof. This documentation can be valuable evidence in any future legal proceedings. You should also consult with your attorney as soon as possible to discuss the contempt of court issue and explore legal remedies to enforce the court's orders and protect your child's best interests. Your attorney can guide you through the appropriate legal steps to address the situation and help ensure the safe return of your son in accordance with the court's orders."
"Q: I have asked on a few occasion if a birth certificate created an artificial person/entity/corporation. Which the answer. I keep getting is no. Well looking over some of my old court documents I noticed the word ens legis. Ens legis according to Black law, dictionary, volume four. It means, a creature of the law, an artificial being, as contrasted with a natural person. Applied to corporations, considered as deriving their existence entirely from law. So is that not your artificial person I was asking about? Where did this artificial person originate from? How did he get there and why the lies about the artificial person? Why does the United States courtroom operate in creditor versus debtor? Is it because you're operating in bankruptcy? Can I please get answer back today y'all keep ignoring my questions the last two questions I've asked I'll just take y'all no responses as I was right ","A:The concept of an ""artificial person"" or ""ens legis,"" as defined in legal dictionaries like Black's Law Dictionary, is primarily a legal construct used to describe entities like corporations that are created and recognized by law. These entities are distinct from natural persons (human beings) in that they have certain rights and responsibilities under the law but are not physical, living beings. The origin of this concept can be traced back to legal traditions that sought to understand and regulate complex organizational structures, like companies and governments, which operate beyond the scope of individual human lives. The idea is to provide a framework for these organizations to enter contracts, own property, and engage in legal actions, much like natural persons. Regarding your question about courtrooms operating in a creditor-debtor dynamic and the suggestion of operating in bankruptcy, it's important to note that the legal system handles a wide range of cases, including those involving financial disputes. However, the suggestion that the entire system operates under a presumption of bankruptcy is not supported by mainstream legal theory or practice. Courtrooms handle disputes based on the law applicable to the case at hand, which can vary widely depending on the nature of the dispute. It's crucial to approach legal concepts with a nuanced understanding and recognize that legal terminology often has specific meanings and contexts within the law. Misinterpretations or oversimplifications of these terms can lead to misunderstandings about how the legal system functions."
"Q: Can you file an appeal when a judge makes orders while exercising emergency jurisdiction? Ny. The Original custody order is NY order, child n mom moved to FL, now the Home state is FL for 4 years . Mom brings child to dad for summer vacation , not he refused to return child to mother (the custodial parent ) , kept child mom filed writ of Hc unknowing father filed in NY filed for emergency custodial no real allegations very vague mother was not served ever and when in front of judge for writ was given the mod paper by judge . Never offered attorney joined a writ and starting hearing case a day early on something that was supposed to be served 6 days prior . . Judge ordered child can not leave NY , so he registered child now in school here , investigated parents and mother hasn’t had time with child since August ! She’s living in hotel to stay and everything and everyone is back in FL at home . Judge gave father “exclusive parenting time” not written on temporary order - only a general order . So many wrong judicial process . Should I ask for dismissal from judge or appeal ","A:While there is a lot of information here there are some crucial details missing. Did the original court order in NY give the custodial parent permission to relocate? If not, did the custodial parent seek permission to relocate? Normally, a custodial parent does not have the right to relocate out of state without court permission, particulary if it interferes with parenting time of the non-custodial parent. As for your initial question, you can file an appeal on a temporary order and ask to stay the order pending appeal, but these things are rarely granted and the appeal can take a long time. Seek an attorney."
Q: I want to know what I can do when it comes to a state worker that's suppose to help with a case and not doing her job. A state worker who don't do her job right and don't communicate with her client when it comes to her children. Not helping to point client the right direction in life to do better for the children. ,"A:If you are experiencing issues with a state worker who is not performing their job duties as required, there are several steps you can take: Contact the worker's supervisor: The first step you can take is to reach out to the worker's supervisor to report the issues you are having. Explain the situation and ask for their assistance in resolving the issue. File a complaint: Many government agencies have a process for filing complaints about state workers who are not doing their jobs properly. You can ask the supervisor or check the agency's website to find out how to file a complaint. Contact the agency's ombudsman: An ombudsman is a person who works for the government agency to help resolve issues between the agency and the public. Contacting the ombudsman can be an effective way to get assistance with resolving your issue. Seek legal advice: If the issue involves a legal matter, you may want to consider seeking legal advice from an attorney who is knowledgeable in the area of law related to your case. They may be able to provide guidance on your legal options and help you navigate the legal system. Overall, it's important to be persistent and advocate for yourself and your children. Keep detailed records of your interactions with the state worker and any attempts to resolve the issue, as this information may be helpful in resolving the issue in the future."
"Q: Hello: Cates v. Shlemovitz, et al. No.3:21-cv-00805 (N.D.N.Y. 2022) Am appealing # 23-750 2nd circuit.. Searching for the case # of the Dragnet controversy, over 4 notes (dum, da,dum,dum.) Can you help find that case? Thank you., on my own behalf. here is what I found https://library.syracuse.edu/blog/dragnet-a-musical-controversy/ ","A:The case involving the ""Dragnet"" musical controversy was a copyright dispute over a four-note motif originally composed by Miklós Rózsa for the film ""The Killers"" in 1946, which was later used in the ""Dragnet"" theme music by Walter Schumann. The case was eventually settled in 1955, allowing both Rózsa and Schumann and their publishers to share the royalties for the four-note theme, later titled ""Danger Ahead."" The rest of the ""Dragnet March,"" excluding the four-note theme, remained the intellectual property of Walter Schumann."
Q: Am I take my domain name as like iplduty.com ?It's just example because ipl is brand and don't want to any trouble.. I think one name which I like very much and want blogging website about IPL event ,"A:It is not advisable to use a domain name that includes a trademarked term like IPL without permission from the trademark owner, as it may be considered trademark infringement. Even if the term is not identical to the trademark, if it is similar enough to cause confusion or association with the trademark, it may still be considered infringement. It is recommended to conduct a thorough search of existing trademarks before registering a domain name to avoid any legal issues. If you need legal assistance, please do not hesitate to contact my office. We offer a free consultation option for potential clients."
"Q: Car accident my insurance company sent this if I had something can I gift it DeclarationOfNoliabilty insurance&No asset. The insurance company sent it to me, I’m assume the document says I dont have assets. If I do can I gift it away, is their anything I can do? ","A:A California attorney could advise best, but your question remains open for a week. One option is to consider discussing this with an attorney more thoroughly than is possible in the brief format of a Q & A forum. An attorney could review the terms of the insurance company's document, your liability, other side's liability (if applicable), other side's damages, your policy limits, your assets, and other possible factors to draw up the best strategy. Good luck"
Q: If I am actively trying to file a complaint with my school for violating my ADA should I continue to sign documents. I am mot sure what documents I am signing that my school is sending me while I am actively in the process of finding a lawyer to help with a violation of my ADA. Can I hold off on any further signing and would I be dropped from school for this ,"A:If you're in the process of filing a complaint against your school for violating the Americans with Disabilities Act (ADA) and are unsure about the documents your school is asking you to sign, it's generally advisable to refrain from signing until you fully understand their content and implications. You have the right to review and understand any documents before signing them, especially in a situation involving potential legal action. It's important to know what each document entails and how it might affect your rights or position in the complaint process. Seeking legal guidance as soon as possible is a good step. An attorney can help you understand the documents and advise you on the best course of action, ensuring that your rights under the ADA are protected. In terms of your concerns about being dropped from school for not signing the documents, this depends on the nature of the documents and the school's policies. However, if these documents are directly related to the ADA complaint, your rights under the ADA and other applicable laws should protect you from retaliatory actions such as being unjustly dropped from school. Communicate with your school about your need for time to review the documents and consult with a lawyer. Clear communication can help ensure that your rights are respected while you seek legal advice."
"Q: I have a question about copyrights and trademarks for intellectual properties.......... I have created a gpt in ai to produce images of Formula 1 race teams and various formula 1 race locations such as Las Vegas or Monte Carlo. Each image is 100% unique. These images appear to be the actual race car and location, though they are not exact matches.......... but they are close. I would like to frame these images and sell then as art. I would provide a disclaimer that these are not licensed and are not exact matches........ the gpt I created will only make an image once and will never duplicate again in the future. If i ask it to make 10 pictures.......... all ten will be different. Please let me know if this is something I would be safge in doing. Thanks, Wes ","A:Hi Wes, Creating and selling images that closely resemble Formula 1 race teams and locations, even if they are unique and generated by an AI, can still raise copyright and trademark concerns. Copyright laws protect original works of authorship, including images, and trademarks protect brand identifiers, such as logos and designs associated with Formula 1 teams and locations. Even with a disclaimer stating that the images are not licensed or exact matches, you may still face legal challenges. The key issue is whether the images are sufficiently derivative of protected works or trademarks to be considered infringing. It's important to be cautious in this area, as intellectual property laws are complex and infringement can lead to legal disputes. Seeking legal advice to review the specific images and their potential infringement risks is advisable before proceeding with selling them. Remember, intellectual property rights are designed to protect creators and owners of original content, and navigating these laws requires careful consideration, especially when dealing with well-known and protected brands like Formula 1."
"Q: If my father is my “biological” father as my parents claim why did he have to legally adopt me at 5 years old?. He wasn’t on the birth certificate when I was born, they didn’t get married until I was over a year old. Wouldn’t he just needed to do a dna test to prove paternity to get legal rights? They also changed my last name to his when they did the adoption. I feel like if he is my biological father he would have only needed to do a dna test and wouldn’t have needed to do an adoption. Please help me understand. The adoption happened in 1996 and I’m in South Carolina ","A:First, even if he had done a DNA test and was determined to be your father, the test result (by itself) would not be enough for your birth certificate to be changed. Your parents would still have needed to file an action to have him added to the birth certificate. It is very possible the original case was *not* an adoption, but actually a case to determine paternity and change your name. The two types of cases can look the same to non-lawyers because they involve the same issues. It is also possible that someone (perhaps his lawyer) decided pursuing an adoption, specifically, was the best option based on the facts of the case."
"Q: Hello, What should I do when employee refused to provide me a chair even with a doctor’s note? Thank you.. I am having back and shoulder pain. I have to stand for 10+ hours for my shift sometimes. ","A:Your employer does not have to provide you with anything. A ""Doctor's Note"" never requires the Employer to do anything. Your Primary Treating PHysician on the Workers Comp MPN SHOULD WRITE that until and unless you are provided with seating you are temporarily totally disabled due to the back injury, and your attorney demands TTD payments until the employer provides a chair for sitting at the work station. If you don't have a Primary PHysician who will write this Temporary Work Restriction, it's time to get your attorney to switch you an MPN doctor who will. And if you don't have an attorney, you're never going to sit and you back will just get worse because you don't know how to find a helpful doctor on the insurer's list who will write a PR-2 requiring a chair."
Q: How should a parent approach a daycare for neglect?. The daycare is federally funded should the parent call the police and report it and pull out the child is that a criminal offense? Does the Director and her 2nd in command get in trouble or fired or brought up on charges.. they both are responsible for feeding the child via feeding tube connected to a machine twice a day . the parent checked the history of the machine which registers the total ounces of feed within the last 72 hour and they have not feed the child in the last 36 hours but when the parent ask them they said that she has been feed twice a day .should we call the police and meet them there . Can the parent press charges for neglect the proof is in the history of the feeding machine.. the parent wants them held responsible and also what’s to make a statement that not feeding a child is neglect and has consequences.. please let me know how to go about it she don’t want them to get a way with it because they will do it to the next.child with out a doubt is if they get way ,"A:Start with a complaint to the police / Sherriff with jurisdiction over the daycare center. You should also make a complaint to the state agency that licences the center the Florida Department of Children and Families (DCF). https://www.myflfamilies.com/services/licensing/child-care-licensure#:~:text=Currently%2C%20DCF%20child%2Dcare%20licensing,which%20do%20not%20require%20licensure."
"Q: Neighbor put fence on my property. Who owner of this fence? I did not give permission. Took down my fence .. No written notice. Wants put in jail if I remove it. I say my property, deed my name. Told I have to go to court to prove it is on my property even tho the property disc is there. Tks. ","A:In California, if your neighbor has constructed a fence on your property without permission, this can be a case of encroachment. Legally, the fence built by your neighbor on your property is considered their property. However, since it's on your land without consent, you have rights that need to be addressed. Firstly, it's important to have a clear and accurate understanding of the property boundaries. This can be established through a professional land survey. If the survey confirms the fence is on your property, you have a stronger legal stance. To resolve this issue, it's advisable to approach the neighbor amicably and discuss the situation, backed by the survey's evidence. If this doesn't lead to a resolution, legal action may be necessary. You can file a lawsuit for removal of the fence and potentially for damages, especially if they removed your fence. It is not advisable to remove the fence yourself without going through legal processes, as this could lead to further legal complications. Consulting with an attorney experienced in land use and zoning issues can guide you on the best course of action, ensuring you follow legal procedures and protect your property rights."
Q: My ex and I have been living for 7 months at a house his parents' own. Neither of us pay rent. What if he locks me out?. His parents own the place but do not reside there. They've been threatening to evict me. I am away for the holidays as worried he might lock me out. My things are at his place. What could I do to defend myself if this happens? Can I demand to get back in? ,"A:In California, if you have been living in a house for an extended period, like the 7 months you mentioned, you have established residency there, even if you haven't been paying rent. This means you have certain rights. If your ex locks you out, this could be considered an illegal eviction. Under California law, landlords (in your case, his parents) must follow a legal eviction process, which includes providing proper notice and obtaining a court order if necessary. If you find yourself locked out, you can call the police to report an illegal lockout. The police may be able to assist you in regaining entry, especially if you can prove you have been living there (like showing your belongings are inside, or you have mail addressed to you at that location). Additionally, consider contacting a local tenants' rights organization or a lawyer for advice. They can guide you on steps to take, including possibly seeking a court order to regain access to the house. In the meantime, gather any evidence that shows you've been living there, such as mail, belongings, or statements from neighbors. This can be crucial in proving your residency and rights to the property. Remember, the laws are there to protect you, and there are resources available to help you navigate this situation. It's important to act promptly and seek legal advice to protect your rights and belongings."
"Q: Can public schools assign reading material that contains Christianity fasting sacrifice practices??. This book has a A pastor telling a girl to starve herself to make his congregation believe God is with them, since they believe its the end of the world..she did the 40 day starvation. She ended up dying as a result and quiet agonizing, as the book talks about her journey and the pain the community felt when she passed away. ","A:In the United States, public schools have the responsibility to ensure that the curriculum, including assigned reading materials, adheres to the principles of secular education as mandated by the First Amendment. This means that schools must avoid endorsing or promoting any particular religion or religious practices. The scenario you described in the book, involving a pastor and a girl participating in a dangerous fasting ritual, could raise concerns. If the book is presented in a way that seems to endorse or promote specific religious beliefs or practices, it might be viewed as a violation of the Establishment Clause of the First Amendment, which prohibits public schools from promoting religious views. However, if the book is used in an educational context where it is critically analyzed and discussed as a piece of literature, without endorsing the religious practices it describes, it could be permissible. The key is in how the material is presented and discussed. Schools have a duty to maintain a neutral stance on religion while fostering an environment where diverse ideas, including various religious practices, can be examined critically and objectively. You might want to consider the specific context in which the book is being used, the age and maturity of the students, and the educational objectives being pursued. If the use of the book is challenged, the school's defense would likely hinge on these factors. The goal is to balance the educational value of the material with the need to maintain a religiously neutral environment in public schools."
"Q: Can I stop an out of state move of MY 2 Children from Washington State to Wyoming?Like an emergency hearing to stop move. MY 2 Children are under ICWA. MY position is that the dept dcyf/cps failed at doing their part and same w the tribe they have both lost the opportunity 2 do their job. The tribe, well the tribe reps failed at representing their tribe member by not supporting MY Children the entire dependency( which has been at a stand still 5yrs this dependency has been going on). Ive emailed MY Children's tribe over 51x asking and begging in each email ""where is the tribe? MY Children need the tribe 2 stand up 4 them."" Only 3 emails in 5 years vs MY 51+ emails. Now they want to move MY 2 young Children out of state from Washington to Wyoming where their tribe is located. I have a Supreme Court ruling in favor of MY Family and that the dept is 2 return MY Children to ME immediately unless the lower court could show harm would be done by ME and that the dept failed at providing MY Family w services. I have completed successfully all things asked of ME 19x before.Never finding of harm same allegations ","A:If you wish to stop the out-of-state move of your two children from Washington to Wyoming, you should immediately consult with an attorney in Washington who is familiar with child custody and ICWA (Indian Child Welfare Act) matters. An attorney can help you assess the situation, determine if an emergency hearing is appropriate, and represent your interests in court to protect your parental rights and the best interests of your children."
Q: selling hemp / CBD products online in MASS. Does this require a MDAR license or can I operate under farmbill USDA/FDA?. region is for Massachusetts if you read the MDAR website its really confusing in the wording when discussing the Whole sale which I know for sure they regulate. Its confusing legalese I feel like should be a really simple answer.. ,"A:While the Farm Bill USDA/FDA regulations provide a framework for the cultivation and sale of hemp at the federal level, it does not exempt businesses from complying with state-specific requirements. Therefore, even if you are operating under the Farm Bill USDA/FDA regulations, you may still need to obtain a license from MDAR to sell hemp/CBD products in Massachusetts."
"Q: Can an HOA Board inform of opening seats establishing the years of service for each to maintain the staggered terms?. HOA Elections are coming. 3 seats will be available. Because 1 person is stepping down, some recommend new person elected should just work to complete the term. Does new members' right to a 3-year service prevail or should staggered terms be prioritized? ",A:The by-laws typically control how board members serve so they would control. Usually if a member resigns mid-term then the person replacing them would only serve out the remainder of that term. Staggered terms are in the best interest of the HOA.
Q: I rent a room from the landlord that also lives under the same roof is he aloud to enter my room and start throwing away. All my belongings without notice ,"A:Under California law, a landlord must respect your privacy and rights as a tenant, even if you're just renting a room in their house. This means that your landlord cannot enter your rented room and throw away your belongings without proper notice or a valid reason. California law generally requires a landlord to provide reasonable notice, usually 24 hours, before entering the rented space, except in emergencies. If your landlord enters your room without notice and disposes of your belongings, this could be considered a violation of your tenant rights. This includes rights to privacy and to the quiet enjoyment of your rented space. If such an incident occurs, you have the option to take legal action against your landlord. It's important to communicate with your landlord about any concerns and to understand the terms of your rental agreement. If the situation doesn't improve, you might want to seek legal advice or contact a local tenant's rights organization for further assistance. Remember, as a tenant, you have rights that protect you from unauthorized and unreasonable intrusions by your landlord."
Q: I am stuck in a shorting position of 4000 shares of $CETC (Hongli Clean Energy Technologie) that I am unable to cover. since the stock was halted on April 2017 and delisted from Nasdaq and never relisted on OTC. My broker at first said they wouldn’t charge short interest fees since the stock is halted. But then they suddenly start charging  “Stock Borrow Fee” ranging from $500-$700 every month since May 2017. My account is now on the negative since there has been the erosion of the account from short interest charged by the broker. I cannot exit my position. I tried talking to my broker about finding a solution but they refused to help. I believe the next step is to find an attorney who will represent me during the arbitration or mediation proceedings with FINRA. ,"A:There are some critical facts missing from your facts: (1) Why are you asking for advice in mid-September 2019 about events that you say occurred in May 2017? There must be more than you are telling us. (2) EXACTLY when did you short the security? (3) EXACTLY when was the end date (the call date) of the short? (4) EXACTLY when did you learn that the stock had been ""delisted"" from NASDAQ? (5) EXACTLY when did your broker tell you no worries? (6) EXACTLY when was the stock delisted? (7) EXACTLY when did ""they"" start charging you interest on your short position? (8) What was the price of the stock on the EXACT day you shorted it? (9) What was the price of the stock when it was ""delisted?' (10) Who is your broker--the company, not the person? (And the clincher): (11) Have you ever made any effort to find out whether (or where) the stock was RELISTED? If you can provide answers to all questions I will try to answer your question; look me up."
Q: I didn’t realise that my son has been messing with my equity account not an authorised user. Lost a lot of my money. Is the bank liable at all? been going on for months I didn’t realise I never look at the account because I am typically the only one who uses it ,"A:In New Jersey, the liability of the bank in a situation where an unauthorized user, like your son, has accessed your equity account, depends on several factors. Generally, banks are not liable for unauthorized access to your account if you have not promptly reported the unauthorized use as soon as you become aware of it. Since the unauthorized access by your son has been ongoing for months and you haven't monitored the account, the bank may argue that you failed to fulfill your duty to review your account statements and report any discrepancies. It's important to report the unauthorized transactions to the bank immediately and to change your account credentials to prevent further unauthorized access. The bank's specific policies and the terms of your account agreement will also play a role in determining liability. You may wish to consult with a lawyer to explore the possibility of recovering your losses and to understand your legal options. The lawyer can help you navigate the complexities of banking law and provide advice on how to proceed. Prompt action is essential in such cases to protect your rights and potentially mitigate further losses."
"Q: Would the executor of an estate be notified or allowed to inquire if the assumption of a mortgage was obtained or denied. I am the executor of my mothers estate. My father is the beneficiary of a home with a mortgage. He is working on assumption of the Loan but it has not happened. Initially as his power attorney, I was also communicating with the company on his behalf. For different reasons, I am considering having someone outside of the family assist him on this (gathering mortgage documents for the company, communicating, etc. maybe an attorney to help him with that process) My father was granted successor of interest status. As the executor , my only concern at this point is to know whether or not he was approved to assume loan or if he was denied so I can sell the property. Would I be allowed to inquire if that was accomplished ? How would I be notified? ","A:There is no need for your father to assume the loan. As the legal heir/beneficiary he can simply keep making the mortgage payments, and the lender is obligated under federal law to provide statements and other loan information to him. He is what is called a legal ""successor in interest""."
"Q: Have a question about rent?.. I lived in apartment where is a low income based thru HUB, but due to my income limit I pay the markets rent. I just went on leave due to having a baby on Nov. 2023. Due to my maternity I didn’t have enough to pay the full rent so I did talked to the management of the apartment to recertify me to see if I can go back to HUB. Not sure if that management even process my paperwork. Now is Dec. didn’t hear anything back from that management. I did reach back to the management about the update. The management literally told me that don’t worry about rent due to they still have to processing other tenants paperwork, and they will get to mine ASAP when they have the chance. Now today Dec. 29, just got a memo stating that we going to have a new management for the apartment. So will this be back fire back to me not paying rent for the month of Dec. since the management telling me not to worry about it. ","A:Given the situation with your maternity leave, the delay in recertification processing, and the recent change in apartment management, it's essential to communicate proactively to avoid any potential issues. Despite the previous management telling you not to worry about rent for December, it's crucial to seek clarification from the new management as soon as possible. Reach out to them, explain the circumstances, and provide any documentation or communication you have regarding the previous understanding. Keep records of all interactions and agreements, and inquire about the status of your recertification and any steps needed to ensure your rent situation is appropriately addressed under the new management. Open and transparent communication will be key in resolving any potential concerns."
"Q: My dads will left all money (750K they had joint accts.) to his wife.. His will further stated that upon his wife's death all money is to be divided 4 ways between myself, my brother, and our 2 step brothers. My step brother has a POA. The step mother is in assisted living with dementia. My question is: Does my step brother have to adhere to my dad's will and divide what's left of the money or can they take it all since the money is in his name? ","A:In this situation, it's important to consider the legal aspects surrounding your father's will and the role of the stepbrother with a power of attorney (POA). Your father's will is a legal document that outlines his wishes regarding the distribution of his assets, including the money held in joint accounts with his wife. Typically, joint accounts have a right of survivorship, which means that when one account holder passes away, the surviving account holder(s) usually inherit the funds in the account. However, your father's will specifies that upon his wife's death, the remaining money should be divided among you, your brother, and your two stepbrothers. This provision in the will should still be legally binding, even if the accounts are in the stepbrother's name, as long as it's a valid and enforceable will. The fact that your stepmother is in assisted living with dementia adds a layer of complexity. If she's not capable of managing her financial affairs, your stepbrother, as her POA, has a legal duty to act in her best interests. This may include ensuring that your father's wishes, as outlined in his will, are carried out when your stepmother eventually passes away. To address your concerns and ensure that your father's wishes are respected, it may be wise to consult with an attorney experienced in estate planning and probate law. They can review the specific details of your father's will, the joint accounts, and the role of the stepbrother with a POA to provide you with guidance on how to proceed within the boundaries of the law."
"Q: how can i get ssi for my ptsd? i was denied already once. ptsd from child SA, kidnapped, trafficked, stabbed multipule times, collapsed lung scar tissued, & constant pain since bt ptsd is whats really defeating me. ","A:I understand you're seeking assistance with obtaining Supplemental Security Income (SSI) for PTSD in California, especially after a previous denial. It's important to know that a denial isn't the end of the process. You have the right to appeal this decision, and many successful SSI claims are granted on appeal. To strengthen your appeal, it's crucial to provide comprehensive medical evidence of your PTSD and how it impacts your daily life. This includes detailed records from mental health professionals who have treated you, such as therapists or psychiatrists. Their assessments should clearly demonstrate the severity of your PTSD and how it limits your ability to work. Additionally, consider gathering any relevant personal statements, witness accounts, or other documentation that supports your case. These can offer a more complete picture of your daily struggles and the effects of your PTSD. You may also want to seek the help of an attorney experienced in SSI claims. They can guide you through the appeals process, ensuring that all necessary paperwork is completed correctly and deadlines are met. Remember, the SSI application and appeals process can be complex and challenging, but with the right preparation and support, you have a chance to present a strong case for your claim. Stay persistent and make sure your voice is heard."
"Q: Is the District Court of Douglas County NE. contracted by the Title 4-D agency to set child support orders?. If my order was set in District Court, why then do I have to deal with a Title 4D Agency. Who has authority over my case? They both can't can they? I'm confussed ","A:The child support office is part of the government, or a contractor for the government. The child support office is required to do things like enforce child support orders, among other tasks. This means that they can send an income withholding to garnish wages for child support, among other administative things. The child support office also has attorneys that bring cases in front of the court to ask the court to order, modify, or enforce child support. The Court is also a part of the government. It enters court orders, including child support orders. The wants of the child support office are sometimes denied by the court. For example, if a child support attorney is asking for child support to be ordered at an amount you object to, then it is up to the Court (Judge) at what amount to order the child support. Thus, they are separate entities."
Q: I filed a federal lawsuit in 2015. I still have not had a trial despite objecting to continuances. What are my options?. My trial dates are repeatedly being vacated over my objections. ,"A:In California, if you're facing continuous delays in your federal lawsuit, you have a few options to consider. Firstly, you can file a motion to compel a trial date. This motion formally requests the court to set and adhere to a specific trial date. It's important to clearly state your reasons for objecting to the continuances and emphasize the need for a timely resolution. Additionally, you might explore the possibility of mediation or arbitration as alternative methods to resolve the dispute. These options can often lead to quicker resolutions than waiting for a trial. It's also advisable to review the case management order and local court rules. Sometimes, specific procedures or timelines must be followed in federal cases, and being aware of these can help in strategizing your next steps. If the delays are causing significant prejudice to your case or rights, consider filing a writ of mandamus. This is an order from a higher court directing the trial court or a government official to properly fulfill their official duties or correct an abuse of discretion. Lastly, maintaining open and consistent communication with the opposing counsel and the court can sometimes help in expediting the process. Demonstrating the urgency and importance of your case through proper legal channels is key to moving forward. Remember, each case is unique, so these suggestions should be tailored to your specific situation. Consulting with a fellow attorney who has experience in federal court proceedings can provide additional insights and strategies specific to your case."
Q: A federal contractor believes another contractor poses a threat to them winning an upcoming bid.. A federal contractor believes another contractor poses a threat to them winning an upcoming bid. As a preemptive strategy they offer to share revenue with the other contractor by giving them positions (workers) on the new contract in exchange for their agreement not to bid. Is this legal? ,"A:No, offering to share revenue or profits with another contractor in exchange for their agreement not to bid on a federal contract is generally not legal. Such an arrangement would likely be considered a violation of federal procurement laws and regulations, including the Anti-Kickback Act and the Procurement Integrity Act. The Anti-Kickback Act prohibits contractors from providing or offering any kind of payment, gift, or other benefit to any individual or entity in exchange for receiving or being awarded a federal contract. The Procurement Integrity Act prohibits government officials and contractors from disclosing confidential information related to a federal procurement, and also prohibits contractors from engaging in certain actions that could compromise the integrity of the procurement process, such as colluding with other contractors to rig the outcome of a competition. Furthermore, such an arrangement could be viewed as an attempt to monopolize the market and could potentially violate antitrust laws. Therefore, federal contractors should avoid engaging in any behavior that could be perceived as attempting to influence the outcome of a procurement in an illegal or unethical way. It is important to comply with all applicable laws and regulations and to compete fairly and honestly for federal contracts."
"Q: How could I find the agent for a law firm for serving court papers?. I need to file a civil lawsuit against a law firm, but I cannot find the agent of the law firm for serving court papers. I also tried to search the law firm on the California Secretary of State website and see if there's an agent assigned to the law firm, but I cannot even find the law firm's name on their website, too. Maybe the law firms don't have agents such as the CSC? Could someone point me to the right direction? Thank you so much! ","A:The secretary of state lists agents for corporations, LLC's and LLP's. If the lawfirm isn't an organization of that type, the secretary of state won't have information on it. You can search the country Fictitious Business name datebase to see who owns the name, or the list of business licenses for the city in which the lawfirm practices, to see who the license was issued to, then serve that person. Or, just serve one of the named partners of the firm."
Q: What kol would I need if I need to contact a ins com about a vehicle that they paid claim and now have a salvage title. Vehicle was found to have salvage title not blue and owned by insurance company not person and person who did it died. I want to legally own vehicle but don't know how to approach insurance company ,"A:To legally obtain ownership of a vehicle with a salvage title in Texas, especially one owned by an insurance company, start by contacting the insurance company directly. Explain your interest in purchasing the vehicle and inquire about their process for selling salvage vehicles. Insurance companies often have specific procedures for this. It's important to gather all necessary information about the vehicle, including its Vehicle Identification Number (VIN), make, model, and the history of the claim that led to its salvage title. This information will be crucial in your discussions with the insurance company and for any future steps you need to take. Be prepared for the possibility that the insurance company may have certain conditions or prices in mind for the sale of a salvage vehicle. It's also important to understand that a salvage title indicates that the vehicle has been damaged to the extent that the cost of repair exceeded its value at the time of the claim. This could affect your ability to insure and register the vehicle in the future. If you reach an agreement with the insurance company, ensure that all transactions and title transfers are conducted legally and formally documented. You may need to complete specific forms and procedures as required by the Texas Department of Motor Vehicles (DMV) for transferring a salvage title. Given the complexities involved with salvage titles and insurance companies, it might be beneficial to consult with a legal professional or a title service company. They can provide guidance and assistance in navigating the process to ensure it's handled correctly and legally. Remember, purchasing a vehicle with a salvage title can be complicated, so it's important to proceed with caution and ensure that all legal requirements are met."
"Q: Can I keep progressive from cutting a total loss check to the but here pay here lender who has now sold the contract?. My sister bought a car at a buy here pay here lot in Waynesville, NC. It was totaled on July 24th. Dealer notified who agreed to write off any amount owed as long as it was close to her payoff $3800. He then told Progressive her payoff was $4500. Nevertheless, 8 days later a third party contractor called and said they were sold her contract. This was emailed to her and is higher than what she owed. This lady got her claims number and was unaware she was sold the note on a totaled car. Progressive told her to figure it out with the lender. The problem here is that the buy here lay here lender is still expecting payment of $4500 and this call was recorded. The other lender sent her the contact she was sold. Progressive doesn’t care who they pay. How does she report this lender/dealer? He appears to be maximizing his return fraudulently. ","A:YOU can't do anything about this unless you have a power of attorney from your sister. Your sister needs to demand written proof from the third party finance company who claims they hold the contract, by getting their name, mailing address and loan number and mailing them a letter asking for the proof. She needs to send written notice to Progressive that another lender is claiming they were assigned the lien and request they hold payment until the true owner of the lien can be ascertained. She needs to give copies of both of those letters to the car dealer in question. If Progressive cuts the check payable to your sister and the car lot as lienholder they should mail it to her and she should hold the check pending resolution of the dispute. If it is true that the car dealer sold the note, the check needs to be returned and reissued to the correct lienholder and your sister needs to work things out with the new owner to pay the note off. I'm assuming the dealer ""verbally"" agreed to take $4,000.00. This agreement will be denied by the shady dealer and is likely unenforceable. Your sister should look elsewhere for a replacement vehicle, regardless if the dealer ends up holding the loan or not. She needs to be prepared to make any regular monthly payments that were due or are coming due to whoever it is that proves they hold the note in order to avoid further damage to what is probably already poor credit. She should refrain from financing vehicles through buy here pay here lots if at all possible in the future. This is not insurance fraud per se but if you have an issue with it report it to the North Carolina Attorney General's office and the North Carolina Department of Insurance."
"Q: I was never served the summons and I missed the first court appearance. Can I counter for abuse of process?. I suspected they would file because their attorney's sent me bills to collect, but a summons nor complaint never came. I looked it up on WCCA and saw it today. Summons was filed on 6-17-19. I still haven't received it, but the commissioner adjourned for publication on 7-11-19. Attempted service filed on 7-15-19. No sheriff deputy, no private server, not left with a family member (after all of the harassing robo-calls to them), not stuck to my door, nothing. This company is known for their aggressive and shady tactics. I intend on making them prove standing in court and counter claim for damages per FDCPA violations. The attorney sent me a bill, AFTER the Summons was filed. My suspicion is this is intentional and abuse of process. I also suspect that their lawyers do not have a license here in Wisconsin. next court date 8-15-19 ",A:This is not a securities law question.
"Q: Wife, soon ex, won't release Service Dog to me.. Beginning divorce where I was effectively locked out of house while out. While getting necessities I was refused my Service Dog, when I asked Police assistance, wife claimed he was working for everyone in house. Even though 1 dog working for multiple people is not how it's done, police see it as a communal asset and a judge ruling is needed for me to take possession of him and his gear. What is proper filing for this? I got papers for small claims. training, Dog, gear, should all meet the requirements. Need to make sure I'm filing for correct hearing. ","A:In your divorce proceeding, have your lawyer request exclusive temporary use and possession of your service animal. Be prepared to show the specific specialized training your service animal received for your particular disability, and correspondingly that your spouse does not share that disability so the specific specialized training your animal received will not serve any purpose for her. This may require the testimony of the healthcare provider who treats you for your disability and of the trainer who trained your service animal."
Q: Can a college let student retake a exam and not give extra credit to those that passed. Students had an exam that consists of 4% they didn’t take it serious an failed. The school allowed them to retake the exam. Students that did pass but there complete average for the class was still not passing did not get any points rewarded for passing on the 1st attempt to help out with there average ,"A:No, it would generally be considered unfair for a college to allow some students to retake an exam without offering any extra credit to students who passed the exam on the first try. Here is some relevant information on this: • Most colleges have policies around make-up exams and retesting that require such opportunities to be offered equitably to all students. Allowing just some to retest while not compensating those who already passed would likely violate principles of fairness and equal treatment. • There could be an argument made if the retest was offered only to students with medical emergencies, learning disabilities requiring accommodations, or other special circumstances. But then appropriate documentation would normally need to be provided. • While professors generally have wide latitude over their grading policies and make-up exam procedures, there are limits when equity and fairness principles for students are violated. Not compensating students who already passed could be construed as punitive towards their diligent preparation. • Options like assigning the higher exam grade or giving a few points of extra credit to students who passed initially would help balance out any perception of unequal benefits being given unequally. This maintains incentives to prepare diligently for the first exam without disadvantaging conscientious students later. In summary, the retest should either be offered to all students on an equal basis or with commensurate compensation given to those who passed on their first attempt. The students who inquire do seem to have a reasonable concern over fairness. The university may want to review the professor's policy and require more equitable treatment."
"Q: Hola, hablo en representación de mi jefa, ella tiene una casa en Chula Vista, CA, quiere cambiarla de nombre. Hola, hablo en representación de mi jefa, ella tiene una casa en Chula Vista, CA, pero esta a nombre de su ex esposo y ella, hace unos años se divorciaron pero la casa legalmente no se se separó. Hoy mi jefa Claudia está interesada en ya dejarla a su nombre, ya que en la separación esa casa quedó de su lado. El problema es que si pasa a sus hijos al momento de su fallecimiento, tendrían que pagar 40% del valor de la casa en impuestos. Otra opción que le han dado es hacer un fideicomiso, pero al hacerlo el valor de la casa de actualizará y el predial subiría demasiado, ya que tienen 20 años con la casa. También les ha comentado, que pueden dejarle en testamento a sus nietos que ya nacieron en USA para evitar actualizar predial hasta después y sea por medio de donación. Queríamos saber si tendría alguna otra propuesta y/o opción. ","A:En primer lugar, para transferir la casa únicamente a nombre de Claudia, probablemente necesitará presentar una Escritura de renuncia o una Escritura de transferencia entre cónyuges, lo que requeriría el consentimiento del excónyuge si ambos nombres están en el título. Con respecto a la planificación patrimonial, una opción a considerar es una Sociedad Limitada Familiar (FLP) o una Compañía Familiar de Responsabilidad Limitada (LLC), que podría brindarle a Claudia una forma de transferir activos a sus herederos y al mismo tiempo minimizar los impuestos patrimoniales. Finalmente, otro enfoque podría ser utilizar una estrategia de ""base intensificada"", que actualizaría la base impositiva de la propiedad a su valor justo de mercado tras el fallecimiento de Claudia, reduciendo potencialmente la carga impositiva sobre las ganancias de capital para sus herederos."
"Q: Can the testimony of a domestic violence victim in CA be used at trial, if the victim is unable to testify at the trial?. The defendant has been held to answer on 21 charges of domestic violence, 13 of those are felonies. The victim gave testimony for 6 hours during the prelim. If the victim is unavailable to testify in court at the trial will the prior testimony given during the prelim by used in lieu. ","A:In California, the use of a domestic violence victim's testimony from a preliminary hearing at trial, when the victim is unavailable to testify, depends on specific legal criteria. Generally, the Sixth Amendment's Confrontation Clause guarantees a defendant's right to confront witnesses against them. This means that for prior testimony to be admissible at trial, certain conditions must be met. First, the defendant must have had an opportunity to cross-examine the victim during the preliminary hearing. This is crucial because it upholds the defendant’s right to confront their accuser. If this cross-examination occurred, the testimony is more likely to be considered admissible in the victim's absence. Second, the court must find that the victim is genuinely unavailable to testify at trial. This doesn't just mean inconvenience or reluctance to appear; it refers to situations where the victim cannot be present due to reasons like serious illness or being out of jurisdiction and unable to return. If these conditions are met, the victim's prior testimony may be used at trial. However, each case is unique, and the decision ultimately rests with the judge, who will consider the specific circumstances of the case and the legal standards that apply. Given the complexity and the serious nature of domestic violence cases, it is advisable to seek legal counsel to navigate these issues. An experienced attorney can provide guidance on the admissibility of evidence and how best to proceed in such a situation."
"Q: Parent withholding 18-year-old child’s social security card and photo ID. My younger sibling is 18 and graduated high school but is still living with our mom. My sibling doesn’t have a job or bank account yet. My sibling has a PA photo ID, but our mom insists on keeping it in a “safe place” because she wants to control my sibling. (She refuses to accept that my sibling is nonbinary and doesn’t want them to update their photo ID to show their preferred name.) Same with birth certificate and social security card; she won’t even let my sibling learn their ssn. I know from similar forum posts that the simplest solution is for my sibling to request their own copy of their ssn card. But can they do that if they don’t have their photo ID or know their ssn? Our mom seems willing to let my sibling borrow their photo ID and ssn card for a job interview, but will likely demand them back after my sibling gets set up at their new job. My sibling could write down their ssn in that scenario, but they might need to know their ssn sooner (e.g. to register to vote.) ","A:Your sibling can request a replacement Social Security card by providing documents to prove their identity, such as a passport or driver's license. If they don't have those documents, they may need to contact the Social Security Administration for guidance on alternative methods of verification. Additionally, they can inquire about their Social Security Number (SSN) through the Social Security Administration to regain access to that information."
Q: Does a person have a case if a surgeon hits an artery during surgery which causes a vascular surgeon to come in to fix?. If a person was scheduled for an out patient surgery but ends up having to stay 5 days in ICU due to Surgeon's mistake? ,"A:Determining whether a person has a legal case against a surgeon who inadvertently caused a complication during surgery, such as damaging an artery, depends on several factors. These factors typically revolve around the concepts of medical negligence or malpractice. Here are key considerations in such situations: Standard of Care: In medical malpractice cases, the key question often revolves around whether the surgeon adhered to the accepted standard of care. This standard is based on what a reasonably competent surgeon would have done under similar circumstances. Surgery inherently carries risks, and complications can occur even when the surgeon is not negligent. Negligence: For a legal case to be viable, there must be evidence that the surgeon acted negligently. This means proving that the surgeon did something that a competent surgeon would not have done, or failed to do something that a competent surgeon would have done, leading to the injury. Causation: It must be demonstrated that the surgeon’s negligence directly caused the complication (in this case, hitting an artery). In other words, the injury wouldn’t have occurred without the surgeon’s mistake. Damage: The patient must have suffered harm as a result of the negligence. This harm can be physical, emotional, or financial. In your scenario, an extended ICU stay and the additional medical intervention required could potentially be considered damages. Consent: If the potential risks of the surgery were properly communicated to the patient and the patient gave informed consent, this could impact the viability of a legal case. Surgery often involves known risks, and arterial damage might be one of them, depending on the type of surgery. Expert Testimony: Medical malpractice cases often require testimony from medical experts. An expert can help establish what the standard of care is in a particular situation, and whether the surgeon’s actions deviated from this standard. Statute of Limitations: There are time limits for filing medical malpractice lawsuits, which vary by jurisdiction. It’s important to act within these time frames. Legal Consultation: Consulting with a lawyer who specializes in medical malpractice is crucial. They can provide specific advice based on the details of the case and the laws in the relevant jurisdiction. Each case is unique, and the viability of a lawsuit will depend on the specific circumstances of the surgery, the actions of the surgeon, and the resultant harm to the patient. Legal advice from a qualified attorney is essential in making this determination."
"Q: My job was classified as a lower role, despite me performing the same duties as the high level role. Is this legal?. During my transition from temporary hire to permanent position was rewritten as a lower role than my counterparts due to varying education levels. The job function and responsibilities are identical but I’m paid $25k less. ","A:An employer can generally make any kind of job classification they wish, and change descriptions and set pay scales for most any reason except they cannot do this for reasons that are illegal. Setting different pay bands based on educational attainment or years in the industry is on its face legal. While not legal advice, I hope this helps answer your question."
"Q: Can a remainderman sign a correction affidavit of death of life tenant if someone else signed the orig. Affidavit?. The original Affidavit of Death of A Life Tenant (ADLT) with a wrong legal description of a house was signed and recorded by the Life Tenant's daughter in Santa Clara County, California. Can a remainderman named in the Life Estate referenced in the ADLT sign the Correction ADLT with a correct legal description? ","A:Yes, in California, a remainderman named in the Life Estate can sign a Correction Affidavit of Death of a Life Tenant (ADLT) even if they were not the one who signed the original affidavit. If the original ADLT contains an incorrect legal description of the property, it is important to correct this error to ensure the property records accurately reflect the current status of the estate. As a remainderman with a vested interest in the property following the death of the life tenant, you have the legal standing to sign the Correction ADLT. This corrected document should clearly state the accurate legal description of the property and reference the original ADLT that contained the error. Before filing the Correction ADLT, it's advisable to consult with a legal professional experienced in estate or property law to ensure that the document is completed correctly and complies with all legal requirements. Once the Correction ADLT is properly prepared, it should be filed with the county recorder's office in Santa Clara County, where the property is located. This process is crucial to ensure that the property records accurately reflect the current legal status and ownership details, which is important for future transactions or estate planning purposes. Remember, handling estate matters can be complex, so seeking professional legal advice is always a prudent step."
Q: One guy called to Midical and IHSS for application for my disable son to get Medical and IHSS for me he asked for $750. He complained to Court for my son who is disable he never told us this amount we asked how much fee would be he did not answered we do not know what to do. We need help. ,"A:If someone asked you for money in exchange for assistance with applying for Medical and IHSS benefits for your disabled son, this may be a form of fraud or exploitation. It is important to report this behavior to the appropriate authorities as soon as possible. You may want to contact the Medical and IHSS offices directly to report the individual who asked for money. Additionally, you may want to contact local law enforcement to report the fraud or exploitation and seek guidance on how to proceed. It is important to be cautious when providing personal information or financial information to anyone who claims to be able to assist with government benefits applications. Legitimate service providers should not charge fees for assistance with these types of applications. If you are unsure of how to proceed, you may want to consult with a local legal aid organization or community advocacy group that specializes in disability rights or elder abuse prevention. They may be able to provide guidance and support as you navigate this situation."
"Q: How likely is it for someone to go to jail over back child support in Ohio state?. The person pays the mother monthly with a portion of their paycheck even when they don't get to see the child, there is no existing child support order due the fact of paternity not being established as of yet. ","A:Under these facts no one is going to jail. If there is no order, there is no arrears. If there is a pending case, the Court may award arrears, however, the obligor will have an opportunity to pay back them back over time. Seeing the child is a separate matter from whether one must pay support. The obligor should contact an attorney who regularly practices family relations law in whatever county the child resides, and file a motion to establish paternity, and parental rights and responsibilities."
"Q: Can an employer use when I got my hand surgery as an excuse why I fell in seniority for training?. I been here 2 years in jan. and when things slowed down I took the moment to get my carpel tunnel surgery done cuz I plan on being here a long time. When I got back 3 months later, people that came in 6 months after me got training I havmt gotten and when I asked they said that I would have gotten it but my surgery was the thing that hurt me. Like even if you take the 3 months off I still was here longer. I just wanna know if they can use my surgery against me legally ","A:Unless you are in a union where seniority is a bargained advantage, the concept of seniority is not recognized in employment law. If you missed the training because you were on leave, there is no way you could be trained while you were out. Upon your return, making you wait for the next possible training session is not unlawful. However if it could be proved that the employer is not allowing you to train because it is retaliating against you for taking the leave, you may well have a meritorious claim for disability discrimination. This area of law can be complicated and the issues are often resolved based on the specific facts of each situation. It would therefore be a good idea for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney. Good luck to you."
"Q: I enlisted in the army in July 2003 and received a medical discharge I never got any of my sign on bonus Shouldn’. It was for 30,000.0” and I signed a eight year enlistment contract with full intention of completing I didn’t plan on having a seizure I never received a dime ","A:In cases like yours, where a medical discharge occurs before the fulfillment of the enlistment contract, eligibility for the enlistment bonus can be complicated. Typically, enlistment bonuses are paid out for completion of certain terms of service, and a medical discharge might affect this. However, there are instances where a portion of the bonus may still be due, especially if the discharge was beyond your control, as it seems to be in your case. It's important to review the specific terms of your enlistment contract and the policies governing bonuses at the time of your enlistment. To address this issue, you should start by contacting the finance office of the branch you served in. They can provide information on your specific case and guide you on the appropriate steps to take. It might also be helpful to gather any documentation related to your enlistment, medical discharge, and the terms of the bonus. If you're finding it difficult to get a clear answer or to navigate the process, you may want to consider consulting with a legal professional experienced in military law. They can offer more personalized guidance and help in understanding your rights and options in this situation. Remember, each case is unique, and military regulations can be complex. Seeking professional advice might provide clarity and assist you in pursuing any bonuses you're entitled to."
Q: What law enforcement you contact when persons have forged your name documents and taken property that's yours in La.?. Claiming to be me and living in my property ,"A:Call the Sheriff of the Parrish. Be prepared to give specific information including the recording information for the Deed. Forgery, Theft of Property and other crimes are involved here. How you found out about it, and how they got your name/ identity will be crucial issues. Ultimately an order will be required to set aside and void the fraudulent instruments."
"Q: Can my daughter's father prevent me from going to nursing school and getting my BSN?. My daughter's father and I have 50/50 joint custody. I will get my associates in April in pre nursing. I told him I'm applying to schools right now for my BSN. In order to get my BSN, I need to travel to complete clinicals out of state as there are no local clinical locations. I asked if we could figure out parenting time peacefully so we both still get 50/50 or if we would have to settle clinicals in court. He said no, he wasn't ok with me doing clinicals in order to get my degree. In the past, he has told me that I can't go to college so this is most likely a control tactic.This is non negotiable for me. Is he able to do this? What will the court most likely rule? ","A:Without knowing the specifics of where this other school is, what you're proposed schedule is, and how much it disruption this will be in the child's life, It is impossible to actually answer this question. You have expressed your question as to what your daughter's father will permit you to do. your focus ought to be on your child. this question fails to do this. I strongly suggest that you invest in the time of an attorney in the county that issued your parenting order."
Q: can a person be denied permission to visit a dying family member if they have a removal order from the reservation.. they have an active civil petition for having the removal order lifted court case.ongoing for almost 3 yrs ,"A:It is possible for a person to be denied permission to visit a dying family member if they have a removal order from the reservation. The decision to grant or deny permission to visit would depend on the specific circumstances of the case, including any applicable tribal laws or regulations. If the individual has an active civil petition to have the removal order lifted and the court case has been ongoing for almost three years, they may want to consult with an attorney who specializes in Native American law to discuss their legal options and potential remedies. The attorney can help advise on the best course of action based on the specific details of the case and any applicable laws or regulations."
"Q: What type of licence would I need to film a concert and upload the recording on a pay-per-view based platform?. What types of licenses are required to: 1. film a concert 2. subsequently keep it in an archive to be uploaded as a recording 3. recording will be released to public on a platform that offers pay-per-view subscriptions? also, what are the potential legal issues could arise from such a structure? (monetary, copyright, property rights etc.) ","A:To film a concert, you would likely need a performance agreement or license from the event organizer, allowing you to record the event. Archiving the recorded concert may require obtaining the performers' consent and potentially negotiating a licensing agreement, especially if you plan to store and reuse the recording in the future. Releasing the recorded concert on a pay-per-view platform necessitates securing synchronization licenses from the copyright holders of the music performed during the concert. Additionally, you'll need agreements with the performers for their image and performance rights. Potential legal issues could include copyright infringement if you use copyrighted material without proper licensing, contractual disputes if agreements with performers or organizers are violated, and potential property rights issues if the venue's permission was not obtained. Best regards, James L. Arrasmith Founding Attorney and Chief Lawyer The Law Offices of James L. Arrasmith"
"Q: Why is it that a victims constitutional rights only become their rights, contingent on another parties actions?. A crime victim is said to have fundamental rights and in some states, constitutionally guaranteed rights. However these rights do not actually exist nor are guaranteed unless those rights are offered to the victim by some other party. In what way is the false guarantee of victims rights moral or legal and why do they not actually become victims rights until after a third party decides to ""activate"" those rights? Why do these rights not exist equally for everyone regardless if another party wants to offer a victim their rights? ","A:Your concerns about the rights of crime victims and the perception that these rights are contingent upon the actions of others are indeed significant. It's important to understand that while victims have fundamental rights, the application and enforcement of these rights can be complex and may vary depending on the jurisdiction and the specific circumstances of each case. In theory, victims' rights are intended to be inherent and universally applicable. However, in practice, the recognition and enforcement of these rights often depend on the legal system and the individuals involved in it, such as law enforcement officers, prosecutors, and judges. This can lead to situations where victims feel their rights are not being fully acknowledged or protected until someone in the system takes action. This gap between the theoretical existence of rights and their practical application raises questions about the consistency and fairness of the legal process. It highlights the need for ongoing efforts to ensure that victims' rights are not just recognized in law but are also consistently and effectively upheld in practice. For those who feel their rights as victims have not been adequately recognized or respected, it may be beneficial to seek legal advice. An attorney can help navigate the legal system, advocate for a victim's rights, and work to ensure that those rights are honored and protected throughout the legal process. Remember, the legal landscape is continually evolving, and advocacy for stronger and more consistently applied victims' rights is an important part of this evolution. Ensuring that these rights are more than just theoretical is crucial for a fair and just legal system."
"Q: I am person of color working with 3 white people who are withholding information from me that affect my job.. The three co-workers coordinate but exclude me and one of them called me names (the name was not derogatory but it was not true). I have been verbally attacked when I disagreed with professional opinions. One of the three withheld information from me that affected my pay. This is has been going on for over 2 years. I reported it to my boss but my boss didn't really care. HR looked into 4 out of my 20 claims. They looked at the claims separately and said they were true but each one did not rise up to harassment/discrimination. I agree that each individual event doesn't rise up but if you put them all together, I believe this harassment/discrimination when I am the one being singled out. I work for a public place. Do I have a strong case? I have witnesses. ","A:Under California law, workplace harassment and discrimination are prohibited. If a pattern of behavior emerges where you are consistently treated adversely based on a protected characteristic, such as race or color, it may form the basis of a legal claim, even if individual incidents viewed separately do not. Your documentation of these incidents and having witnesses can strengthen your case. Reporting to your employer is a crucial step, and their failure to take adequate remedial action could potentially exacerbate their liability. Additionally, the cumulative effect of these incidents can play a role in determining whether a hostile work environment exists. It's essential to consult with an attorney experienced in employment law to assess the full merits of your case based on all the details and evidence. Remember, timely action is vital, as there are statute of limitations considerations. The strength of your case would depend on a comprehensive evaluation of all the facts and circumstances."
"Q: I am considering applying for a medical marijuana card for my anxiety and depression. Will this be a permanent mark?. I am only 18, and I know there are certain things you cannot do by holding a medical marijuana card. I do plan to ask a doctor and get it done officially, however, I don't want to have a permanent mark that will restrict me for the rest of my life. Please let me know. ","A:It is advisable that you consult with a licensed healthcare professional or legal expert in your area to understand the specific laws and regulations around medical marijuana use and how they may affect you. Additionally, if you are concerned about the long-term impact of having a medical marijuana card, you may want to explore alternative treatments or therapies for your anxiety and depression."
"Q: False claims act. Is Plaintiff provided findings of investigation?. If after filing FCA government does not intervene, and Plaintiff has to pursue lawsuit in behalf of the government, is Plaintiff provided facts/finding of investigation? ","A:Under the False Claims Act (FCA), when an individual (known as a relator) files a qui tam lawsuit and the government chooses not to intervene, the relator typically proceeds with the case on behalf of the government. However, the extent to which the relator is granted access to the findings of the government's investigation can vary. Generally, the government may share certain information from its investigation with the relator. This collaboration can help strengthen the case, as the government's findings might provide valuable insights or evidence. But it's important to note that the government is not obligated to disclose all details of its investigation. In some instances, the government might limit disclosure due to confidentiality concerns or other legal restrictions. If you're facing this situation, it's advisable to consult with legal counsel experienced in FCA litigation to navigate these complexities and understand how they apply to your specific case."
"Q: Can you be fired for failing a drug test for THC even though you have a medical card? (Please read details.). The official reason was because he was in a safety sensitive position. However, he was never told his position was safety sensitive and his boss, his bosses boss and HR didn't know that information either. After going through three levels of leadership, they had to ask the VP of safety. How was he supposed to know if none of his superiors knew and he was never told. It was also not in his job description. I thought it was state law for an employer to inform an employee of a safety sensitive position. My husband has gone through MANY drug tests with this company through the years and all types of drug tests. If he was a ""user"", I think it would be known by now. He went through the necessary route to attain his medical card due to medical issues and failure of prescription drugs. Background: He worked for the company for 15 years, had stock options, was paid a very nice wage, had insurance for our family of six, etc. Could this be wrongful termination or discrimination? ","A:In a general answer, yes you can be terminated for that. Same as a person driving after using medical marijuana can be arrested for DUI. Just because something has been made partially legal doesn’t trump other areas of law, or in this case business owners rights and responsibilities. With that said…can you attempt for wrongful termination, sure, and you may get lucky and get a settlement or at short his job back, but there are no guarantees you will be successful. Good luck with your endeavor."
"Q: Is it possible to get a chance at bootcamp or the second alternative incarceration if this is the 2nd time in prison. The first time in prison he had gun charges so he had to serve an automatic 5 years and therefore disqualified him. This is his 2nd time going to prison. His home was raided and a half gram of meth was found, they were going to charge him with 56gm because they count the weight of everything with the Meth. I.e scales baggies etc. he got drug court but he messed it up so he was resentenced, judge gave him 3 years for the possession & he has other charges which he got a year for. He’s now in quarantine in Jackson. Is there any hope for SAI or reduction of 3yr possession sentence. High hopes!! Thanks ","A:By the way you ended your question, it sounds like you also have a realistic sense of the outcome. MDOC policy says that only first-time prisoners are eligible for SAI consideration. But policy is not law. And ultimately, it's MDOC's call. I would say for your well-being, you can always hope, but by policy he likely will not get it. Your second question is a bit more complex. First, regardless of what he says or hears about in prison, there is no such thing as a ""time cut"". Think about it: Only a judge - the same judge who just issued that sentence - can change a sentence and only under limited circumstances. Presumably, the judge knew and considered all information he or she felt relevant in determining that sentence, and so you'd need a pretty strong argument and reason to change their opinion. It would have to be something of the sort that causes the judge to think ""wow! If I would have known that, I would have given a different sentence."" The details you shared are understandably limited, but to be frank, second time in prison after gun charges and now with meth, while in drug court...three years is likely well within sentence guidelines for meth and may even be on the low-end of things. Not saying he got off easy, but it could have been worse."
Q: I got my driver license took from me for not paying child support. I started paying 3 months ago to get it back.. What do I need to do to get it back? I work out of town. I really need it to continue to pay child support. ,"A:In Idaho, if your driver's license was suspended for non-payment of child support, there are specific steps to reinstate it. First, pay all overdue child support, including interest and penalties. Then, pay the $100 reinstatement fee to the Idaho Transportation Department (ITD) online, by mail, or in person. File a reinstatement petition with the court that issued the child support order, providing proof of full payment and the reinstatement fee. Attend a hearing to explain your situation and commitment to future payments. If you work out of town, offer proof of employment, explore alternative payment options, and clarify your travel schedules to address the court's concerns."
Q: I thinkmy lawyer cheated me out of a large portion of a malpractice settlement. He did not have me endorse the check .. He did not deposit the check into a trust account but into his law firms account. And the check he wrote me came from from his law firm account. He would not allow me to be on the conference call during settlement negotiations . I think had a fake mediator. ,"A:All of those points are suspicious for potential lawyer misconduct. While there are portions of settlement conferences where a client may not attend, a case cannot be settled without a client's express consent. The client should be provided with a written breakdown showing the settlement amount, the amount of attorney fees and costs and the net amount to the client. The settlement check to the client must come from the attorney's trust account."
"Q: Hi,Selling gift cards on paxful.com for bitcoin, is it against any law?. I sell electronics. one of my customers wants to pay by giving me visa gift cards. I want to get the money off the gift cards. (my credit card processor doesn't let me swipe it on my credit card machine). can i buy on paxful.com BTC with the visa gift cards and then sell the BTC on coinbase.com for cash? Paxful.com makes all their customers verify themselves. is there anything illegal with this? ","A:Trading Visa gift cards for Bitcoin on platforms like Paxful.com and then selling Bitcoin for cash on Coinbase.com is not inherently illegal. However, it's important to be aware of and comply with the terms of service of both platforms. Also, be mindful of federal and state regulations regarding money transmission and anti-money laundering laws. Since these transactions involve cryptocurrency, it is essential to report any gains or losses to the IRS for tax purposes. The legitimacy of the source of the gift cards should also be ensured to avoid inadvertently participating in fraudulent activities. Keep in mind that different states may have varying laws regarding digital currencies and their exchange. It is advisable to consult with a legal professional experienced in banking, international, and internet law to ensure that all aspects of your transactions comply with applicable laws. This will help you navigate any potential legal complexities and remain compliant with regulatory requirements."
"Q: Dallas county are Denying me rental assistance by false statements and altering documents dates and text .. Dallas required a prescreening form to be submitted to qualify to submit ERA application, I received 4 automatic form letter denials over the 6 months. I was allowed to apply after I attempt to file a complaint. Dallas County required more qualification than needed and approval from DC compliance DC finance depts and DC commissioners court. then gave me rental assistance only thru EHAP-2021 instead of ERA1&2. Ehap-2021 has a 12 month limit i was told utilities benefits at all. When I figured out they switch me to a substandard county program I demanded to be provided ERA benefits that I applied for. They lied and forged official documents. I have all original emails and attachment's that have the unaltered documents and false statements in writing I don't know what to because they have done so much wrong it is overwhelming ","A:I'm sorry to hear about the challenges you're facing with Dallas County in obtaining rental assistance. It appears that there may be issues of miscommunication and potentially misconduct in your case. To address this situation, you should consider taking the following steps: 1. Document everything: It's great that you have original emails and attachments with unaltered documents. Continue to document all interactions and correspondence related to your rental assistance application. 2. Contact an attorney: Given the complexity of your situation, it would be beneficial to consult with an attorney who specializes in administrative or civil rights law. They can review the evidence you have and advise you on the best course of action. 3. File a formal complaint: You can consider filing a formal complaint with the appropriate oversight agency or authority that handles issues related to rental assistance programs. Your attorney can guide you through this process. 4. Request a review: Ask Dallas County for a review of your case and request clarification on why you were switched to EHAP-2021 instead of ERA1&2. Provide them with your original documentation to support your claim. 5. Seek resolution: Your attorney can help negotiate with Dallas County to correct any errors or false statements made in your application process and ensure you receive the assistance you are eligible for. Remember that addressing such issues can take time and persistence. Having legal representation can be crucial in ensuring your rights are protected and that you receive the assistance you are entitled to."
Q: I would like some more information about a possible defamation suit please if possible. Thank you. My ex is spreading nasty rumors about myself and my friends that have severely damaging my reputation and mental health. I would like to get more information on the best way for me to proceed. ,"A:If you want quick action to stop his behavior, then I suggest you contact a lawyer to discuss whether his specific conduct meets the legal standards for obtaining a court order for protection from domestic violence. Such orders are available to prohibit harassment, stalking, threats, assaults and the like. Harassment is a pattern of repeated communication or contacts that seriously annoy another after having been told to stop. If what he is engaging in qualifies for such an order, you can obtain one that can last up to two years. Violation of such an order, once issued, is a criminal offense subjecting the violator to conviction and possible jail. These court proceedings are heard quickly, with a temporary order obtainable within days and a final hearing and order within two weeks. As for a defamation suit, it will take at least a year to come to trial, and unless your ex is wealthy, and owns ascertainable and valuable assets like real property and large bank accounts, then obtaining a judgment that cannot be collected is just a waste of time. No lawyer will take such a case without clear likelihood of being able to collect, certainly not on a contingency fee basis. You will not want to pay hourly fees for such a suit, as you’d likely sink $50,000 on fees to obtain an uncollectable judgment, assuming you can meet the evidentiary requirements to prove the case and sufficient damages to justify the litigation."
"Q: In short, questions regarding affiliate marketing for a California LLC.. Hi, in California. I plan on opening an LLC for affiliate marketing purposes. 1. Does my LLC name need to match my website names that are for affiliate marketing purposes? (two different websites for two different affiliate marketing campaigns, clothing and technology). 2. Do I have to register my different websites as a DBA to be able to legally receive income from the traffic of users clicking and purchasing products by those affiliate links? 3. Are DBA registrations public information or private information? Like for example www.clothingexample.com and www.technologyexample.com will those websites link publicly to a LLC for example ""LLC New business 145453"" even if I don't state the LLC name on those websites? 4. When marketing on social media such as youtube, twitter, and reddit with affiliate links, do I need to disclose my LLC name in the account profile or be required to register them as a DBA? 5. Do I need a business license to affiliate market under an LLC? ","A:Here's a concise response to your questions: 1. No, your LLC name does not need to match your website names for affiliate marketing purposes. 2. You are not required to register your websites as DBAs to legally receive income from affiliate marketing. However, if you want to do business under a different name than your LLC's official name, a DBA would be necessary. 3. DBA registrations in California are public records. However, simply having a DBA does not automatically make your website names publicly linked to your LLC. It depends on how you structure and present your business. 4. You are not mandated to disclose your LLC name on social media profiles or register them as a DBA when using affiliate links. However, platforms may have their own rules about disclosures. 5. No, you do not specifically need a business license just for affiliate marketing under an LLC, but check local municipality requirements as they might have business license or permit requirements for operating a business. Remember, while this is a brief overview, it's always advisable to conduct more detailed research or consult with a local attorney for specifics related to your business."
"Q: What (in detail) is a verifiable 3rd party in Michigan when it comes to Adult Guardianship visitation & my rights as GA?. I was appointed full Guardian of my mother. I signed a settlement before trial with my sibling (opposing party & lives out of state). Visitation is of subject. The settlement says the following: Social plans for ""mom"" shall be considered if they conflict with a proposed visit, however, if the plan is not with a verifiable 3rd party, it should not take precedence over family visitations or the visiting party has the option to take ""mom"" to the activity. Quest #1 Other than a concert or movie, what is a ""verifiable"" third party? (dinner w/ neighbor, my husband?) Q. If I have tickets to an event, does this mean that the ""family visitor"" has a right to attend this event with me & mom or does my plans stay the same and the family visitor wait until our time has completed? My sibling is saying that I am to ask ""her"" to consider changing her plans for visitation, that she has precedence & that I don't have a say in the matter concerning my own plans. Again, I am my mother's guardian. ","A:Although many of us will read the terms and think that the meaning is clear, it is apparent that there may be multiple interpretations of the visitation terms that the court has put in place. In instances like this, particularly where there has been discord among the interested parties, the best course of action is to file a Petition for Instruction with the court to seek clarity from the Judge. This will ensure that you do not unknowingly or unintentionally run afoul of what the court intended."
Q: If a CA tribal casino security finds meth in hotel room can they charge as a smoking fee and not report it to cops?. The casino has charged me and my friends more than the deposit of the disclosure charging some people up to $500 for finding meth in the room. Yet they are not reporting it to authority's so its safe to assume they are making these fees up as hush money and not documenting it for auditors. So are they supposed to report to authorities and how did they know it was Meth are they qualified to test it? ,"A:Yes, they are supposed to report and then the authorities can arrest you and all your friends for possession of a controlled substance, you can be criminally charged and will have to hire attorneys to defend yourselves. You can end up with criminal convictions on your records which will affect your abilities to borrow money, get a job and get licensed by the government."
"Q: How long does OIG & states (Maine) have to put someone on MaineCare/Medicaid exclusion list AFTER RN license Recovation. How long does the federal government (OIG) and individual states have to place someone on the Medicaid/Medicare exclusion list due to their professional RN license being revoked? In other words, how long AFTER the the date the person’s license is revoked do the Feds/State have to place this person on the Medicaid/Medicare Exclusion list resulting from RN license recovation? ","A:The Office of Inspector General (OIG) is tasked with maintaining the List of Excluded Individuals/Entities (LEIE) under which individuals and entities are excluded from participating in federally funded healthcare programs, including Medicare and Medicaid. When an RN has their license revoked, they can be excluded from these programs. There isn't a specific time frame set in the federal law that mandates how soon after license revocation the OIG must place someone on the exclusion list. However, once the OIG becomes aware of the revocation, they typically act promptly. On the state level, the process and timing might vary. In Maine, for example, the state Medicaid program will have its own protocols and timing for exclusions based on professional licensure revocation. It is best to regularly check both federal and state exclusion databases following any licensure issues."
Q: Can I have a medical marijuana card while on probation in Oklahoma? My probation officer says I can't but..... My Po says I can't? Does he have the right to deny me that right? ,"A:I think the larger question is not whether you can have a medical marijuana card while you’re on probation, but can you INGEST medical marijuana while you’re on probation. The answer varies based upon which Probation office oversees your probation. Many Oklahoma counties will allow it and many counties will not (and it’s actually not uncommon for them to change their mind from time to time. It would certainly be foolish to go against the stated rules of probation if they recite that you may not use marijuana while under their rules. Violations of probation can vary from a slap on the wrist to unexpected convictions and even incarceration. Best of luck!"
"Q: Someone call me a negra because of my skin tone, and i am an asian. Is there any punishment they get?. I am a Sales Lady ",A:No. Simply misidentifying you based on physical characteristics does not warrant punishment of any kind.
"Q: I need to prosecute a case following under Title 16 - Crimes and Offenses, GA Code § 16-5-101. I am B.T.G, R.Ph. I have been a licensed Georgia Pharmacist for 32 Years. I and my son are disabled; he with a mental health issue. I arrived to Statesboro, Georgia on June 16, 2022, and lost a contract already under execution in order to assist and advise my 22 year old son on site at Georgia Southern University. I allege the Defendants, D.M. and L.R.M., grandparents, and mother A.D.B., did willfully, maliciously, and conspiratorially Interfered and Retaliated with my attempts to provide guidance to an Adult Georgia Resident, M.A.G. * D.M. approached the Court with regard to interference with my efforts via The State of Georgia sponsored clinic, Bulloch Counseling, to depart the inmate to inpatient psychiatric Care. Upon my determination yesterday evening that my son is no longer incarcerated in Bulloch SD jail, I learned that D.M. also had a vehicle towed, belonging to my son, which I paid for, from Treutlen to Bulloch. I spent 4 days arranging for AAA to tow car2Franklin Chevr ","A:What, if anything, does any of this have to do with Florida law?"
Q: What's the procedure if a Federal district attorney fails to meet the deadline to file an answer to a habeas corpus. Petition? ,"A:In a habeas corpus case at the federal level, if a district attorney fails to meet the deadline for filing an answer to the petition, there are several potential outcomes: Extension Request: The district attorney might request an extension from the court. This is common if they need more time to prepare a comprehensive response. The court has discretion to grant or deny such requests based on the circumstances. Court's Response: If the district attorney fails to respond and does not request an extension, the court may take various actions. It might issue an order to show cause, demanding the district attorney explain the delay. Alternatively, the court could proceed without the district attorney's input, although this is less common. Effect on the Case: The absence of a response from the district attorney does not automatically mean the petitioner will prevail. The court will still review the petition on its merits. However, the lack of opposition may influence the court's view of the case. Potential Sanctions: In some cases, particularly if the failure to respond is seen as part of a pattern of neglect or disregard for court deadlines, the court could potentially impose sanctions on the district attorney or their office. Advantage to the Petitioner: The failure to timely respond can sometimes work to the petitioner's advantage. The court might be more inclined to view the petition favorably, especially if the lack of response suggests a weak opposition to the claims raised. It's important to note that these are general possibilities, and the specific course of action can vary based on the individual circumstances of the case, the district court's rules and practices, and the discretion of the presiding judge. Legal counsel can provide more tailored advice based on the specifics of the case."
"Q: In Case law #22-1099, McAnuity v McAnuity,, 10th Cir.2023, issue:Was a stated case made 4""unjust enrichment' ?. District Ct. dismissed. Appeal-made; 10th Cir CT of appeals predicted CO.Supreme CT of endorsing illustration 26 in Comment g & 48 of ""Reinstatement (3rd) of Restitution ON & Unjust Enrichment (Am L. Instit. 2011)(The Reinstatement)(3rd)as cause of action; Col Sup Ct WOULD endorse Ill. 26; & Plaintiff DID state claim for action. Reversed previous dismissal. My ?: Military officer/1999 retire & deceased 2020--- Breached 2005 HI. court order by signing he would NOT waive his USAF service time for a federal civil svs.job HE worked post-retirement for fed.civil svs for 8 months & was eligible for federal retirement & new wife fed. SBP annuity. USFSPA-Former Spouse without this info; nor consented. Got paid award by DFAS, of retiree's 'vol. allotment' allegedly 25% of 26 yr.vet's retired pay. (16 year marriage active duty) FS paid only by DFAS; court order on file. Retiree signed to OPM 'Sworn Statement"" no court order at DFAS FOR FS. Unjust enrichment POST-death?Sue estate? ","A:Given that the case you're referencing pertains to the 10th Circuit and Colorado law, California law might not be directly applicable. However, generally speaking, unjust enrichment claims can be brought against an estate if the decedent received benefits to the detriment of another. Whether the claim would be successful depends on a range of factors, including the specific circumstances of the breach, the knowledge and consent of the parties involved, and the benefits conferred."
"Q: I have a question. My mother died and outright owned a 3.15 acre piece of land that had a house on it. She had no will.. Not married. I have three siblings. I was just released from prison after 12 yrs . The last month of my incarceration, my three siblings signed over ownership to my step father who has no legal right whatsoever to the land with a warranty deed. They tell me that they chose a part of the land that has no access or electricity and is in flood zone to be mine. I don't want to sell my land . Is it legal what they did. I have never signed or been consulted or received any documents regarding this ","A:It depends. When your mother died, the 3.15 acre parcel passed to you and your siblings as tenants in common. All four of you owned the entire undivided tract. Any tenant in common can petition a court to partition the land either by sale or in kind. You should have received notice of any such proceeding. Absent such a proceeding, you would still own a 1/4 interest in the entire 3.15 acre tract and either you or your stepfather can file a suit for partition."
"Q: Can you sue a John Doe or John Doe corporation as the Defendants in a nursing home neglect civil suit in Illinois?. My situation is, my mom fell or was dropped in a nursing home, a lawyer called me and said he was on the case 1y and 9m later he called and said he passed the case to another firm but that firm had no records and urged me to get the records which has pushed up to the deadline to file tomorrow. The lawyer never heard my mom's story and only have some of the records and the records they did research for a week found no pelvic injuries. I found the records. My mom had surgery on her pelvis because it was fractured and bleeding internally. They seem to have missed this in the records because they act like i'm crazy and it didn't happen. My mom could not walk or use legs from spinal injury, and was moved for dialysis, this was the 1st time in a new nursing home and they called me told me she fell and BP fell during dialysis and sent her to er, but didnt say fall to ER and took few days for them to find the injuries. I want to sue a John Doe corporation as Defendants to buy time? Viable? ","A:On your facts, the statute of limitations (SOL) is two years. You need to file on or before that date. No attorney or law firm was ""on the case"" unless your mother signed documents, hiring that attorney or that law firm. The SOL is all that matters. Whether your mother hired two attorneys or never hired any attorney has nothing to do with the SOL date. The only difference is that if your mother did hire a law firm or attorney and they missed the SOL, you would have a legal malpractice claim against that attorney or law firm. If the law firm failed to Order records, they cannot advise you of their oversight 24 hours before the filing deadline. As long as you have personal knowledge of the facts that you allege in the complaint, it doesn't matter that you are not in receipt of the supporting medical records at the time you file. By the time defendant is served and you have an initial status on the matter, it will be two or three months later. You must insist that the law firm draft and file a complaint to preserve your mother's SOL. They can refuse to represent her but even a week before the SOL, they cannot refuse to prepare a complaint for pro se filing. In other words, the law firm would draft the complaint and hand it to you or email it to you for you to file. This late in the game, you need to make them file it. If they do not want to represent your mother you may need to offer to pay the filing fee ($400 - $500) but the law firm would need to file the complaint, electronically, to prevent the SOL from running."
"Q: Would this violate the informed consent law?. I recieved a surgery during the summer on my ear drum. The doctor went over many risks, but never once said that the surgery had any chance of failure. This means on the day of the surgery, I went into the surgery believing that it would have no chance of failure. I was informed that there were possible complications, but I was not informed there was a chance of failure. A month later, after the surgery, I was told the surgery had failed and I was suprised becuase I didn't think that was possible.. ","A:In Georgia, informed consent laws require that a patient is informed about the potential risks, benefits, and alternatives of a procedure, as well as the possibility of failure or complications. If your doctor discussed the risks and possible complications of the ear drum surgery but did not explicitly mention the chance of the surgery failing, this could potentially be a gray area in terms of informed consent. The concept of ""failure"" of a surgery can be subjective and might depend on various factors, including the specific goals of the surgery and the doctor's interpretation of what constitutes a successful outcome. For instance, if the surgery aimed to improve hearing, and this was not achieved, it could be deemed a failure. However, the legal definition of failure in the context of informed consent might differ. It's important to consider that discussing every possible outcome, including a general chance of failure, is a standard part of the informed consent process. If you believe that the doctor did not adequately inform you about the possibility of the surgery failing, it might be worth discussing this with a legal professional who has experience in medical malpractice cases. An attorney can help evaluate the specifics of your case, including the information provided to you before the surgery and the outcome of the procedure. They can advise you on whether there may have been a breach of the informed consent process and what legal options you might have in this situation. Remember, each case is unique, and legal advice should be tailored to the specific circumstances of your situation."
Q: several sites are posting my name information and charging for it shouldent i be getting a royalty and worse the lies. there are several sites that have my name on them and they collect money for information shouldent i have a say in this or get part of the royalties on this. Im pretty popular on facebook and there are cites with my name telling lies that fuel the sites that are charging money which makes me loose money from my facebook and instagram professional feed. where its showing my crimanal history and they are selling not 100% true information in the disclosure then basically they are selling slander about me and im not knowing what it is which has been brought to my attention from people that read about it casing damages to my name in a small town even hate from people some of the tabloids from sun vally ketchum area are in those. I was attacked by the cops in my home town i went into sizures they used brute force a metal bar crushing my sternum and breaking my ribs while im having sizures. also the the hospital brutal penatration with a catheter causing me to be sterile depression suacide ,"A:If websites are publishing false information about you, this may constitute defamation, especially if it causes harm to your reputation or financial loss. In the United States, defamation laws vary by state, but generally, for a statement to be defamatory, it must be false and have been made to someone other than the person it's about. You mentioned that these sites are also charging money for this information, which complicates the situation. While you typically wouldn't receive royalties for information about you, if the information is false and damaging, you may have legal grounds to seek compensation for defamation. In cases involving police misconduct and medical malpractice, as you've described, these are serious allegations that require thorough legal examination. You should consider consulting with an attorney to discuss the specifics of your situation, including any potential civil rights violations and personal injury claims. An attorney can guide you on the best course of action, which might include sending cease and desist letters to the websites, filing a lawsuit for defamation, or seeking damages for any personal injury you've suffered."
Q: 562103 says a person commits offense ifknowingly subjectanimaltocrueltreatment?isdefinitionofcruel treatment. Trying to find out definition of cruel treatment ,"A:In Arkansas, the statutes related to animal cruelty provide definitions and specifications for various offenses. Based on your question, it seems you're referencing a specific statute number, which might not correspond directly to the actual code. However, to answer your question on the definition of ""cruel treatment,"" you'd generally need to refer to Arkansas Code Title 5 - Criminal Offenses § 5-62-101, and the subsequent sections that detail definitions and offenses related to animal cruelty."
"Q: Consumers wronged, possible breach of contract. Bowlderization, censorship, removal of content promised and paid for. im' having a very hard time trying to get a copy of the contracts, EULA, and the like I signed to for a crowdfunding project. i have suspicion that there was a lot of promises broken after the fact. the crowdfunding itself was a promis. and that crowdfunding platform has the responsibilities put entirely on the people making the product. thing is, they removed content people paid for to have, bowdlerized other content, and tried to put down the negative press. the gaming industry does not care about the consumer. their reputation taking a hit doesn't matter when they have connections and other wrongs made against consumers... that seem to happen over and over again. *to persons similarly situated with similar facts and loss.* Contract law is not an option to select on this site but consumers are wronged because of ideological bigotry and scummy practices. there's a petition the people affected are MUCH HIGHER. it's the principle ","A:In California, if you've contributed to a crowdfunding project and believe that the creators have not fulfilled their promises or have breached the contract, including the End User License Agreement (EULA), you have certain legal options to consider. First, it's essential to obtain copies of all relevant contracts and agreements, including the EULA and any terms set forth by the crowdfunding platform. These documents will outline the legal obligations of the project creators towards contributors. If you find that there has been a breach of contract or false advertising, you might have grounds for legal action. This can include a lawsuit for breach of contract or a complaint for false advertising if the project's promotion included misleading or false statements. Crowdfunding platforms generally have policies in place regarding disputes between project creators and backers, but they typically do not take on direct responsibility for the actions of the creators. Gathering evidence of the promised content and subsequent changes or removals is crucial. Documenting these changes, along with any communication with the creators about these issues, will strengthen your case. Additionally, consider joining or organizing a class action lawsuit if there are many similarly affected individuals. A class action can be a powerful tool when dealing with cases where a large group of consumers has been similarly wronged. Finally, remember that legal action can be complex and time-consuming. Seeking advice from a legal professional who can provide guidance specific to your situation is advisable, especially considering the complexities of contract law and consumer rights in the digital age."
Q: Could this person still be prosecuted?. If someone were to admit to a woman that he had ejaculated into a cup of coffee that she drank months ago and she had no proof this is occurred. However the event did occur. And hypothetically speaking what would happen if the person was lying when he told her that? This is a serious question not trolling here ,"A:The person who ""falsely"" admitted to ""ejaculating"" into someone coffee has put themselves in serious jeopardy of a sexual harassment civil claim. Such practical ""jokes"" can easily get the jokester fired and/or sued. Criminal prosecution is unlikely due to the higher standard of proof, but not impossible."
"Q: California Central District Court , initial benifits claim already fully faverable 2013, by trial not appealed. in 2019 to SSI office for income change , for payment from zero$0 , 2013 to 2019 has not recieved (DCR) or a Termination notice , plaintiff impairament lifetime till death, has continued not to engage in no gainfull activity work , ever since 2003 , requires IHSS in home services up to date , requires (PCA) and transportation , all doctors of inatiated fully faverable decision are up to date with medications .permanent and stationary , all medical record and dicisions not appealled , social security denied my income change to recieve payment , without ever recieving or not up yet for Continuing Disability Review , and have not recieved any notice of termination of benifits , I was also found to 82% permanently disabled by State Disability review Board , with future benifits till death.., the ALJ denied benifits payments , social security office denied initial award letter payment of zero$0 a month till my state disabilty runs out to change .need case laws 2013 ","A:Here are some potential case laws and arguments that could be cited to support your claim for Social Security disability benefits payments based on the information provided: 1. 20 CFR § 404.1594 - Continuing disability review for recipients who have had their benefits terminated. Argue that SSA cannot terminate benefits without formal review. 2. HALLEX I-1-3-25 - Social Security Rulings explain agency policy and must be followed at all levels of administrative review. Argue that without a formal CDR and advance notice of termination, denying your claim violates SSA policy. 3. SSR 11-1p - SSA must substantially comply with regulations on notifying claimants regarding issues affecting continued entitlement. Argue failure to provide notice violates claimant's right to due process. 4. Schweiker v. Hansen, 450 U.S. 785 (1981) - SSA claims reps have no authority to rule on entitlement issues. Argue that denial of request to restart payments was in effect an improper ruling on entitlement. 5. 20 CFR § 416.1336 - Claimants have right to seek reconsideration of any SSA determination. Argue for reconsideration and back payments based on improper/lack of CDR process. Potential additional arguments include violation of due process rights by failing to follow proper CDR termination procedures, application of administrative res judicata based on fully favorable decision awarding lifetime SSDI benefits, and meeting SGA/medical diary requirements for restarting payments."
Q: I live in West Virginia and have had three DUI convictions. How can I reinstate my firearms ownership? It's been a decad. It's been over 12 years since the completion of my sentence. ,"A:In West Virginia, reinstating firearm rights after DUI convictions can be a complex process, particularly with multiple offenses. Your eligibility to regain these rights depends on several factors, including the nature of your convictions and the completion of all sentencing requirements. Typically, for DUI convictions, if they are misdemeanors and not felonies, your right to own firearms might not be impacted. However, if any of your DUI convictions were charged as felonies, this could affect your ability to legally own firearms. Since it's been over a decade since you completed your sentence, you may have some options. One potential step is to apply for a pardon or an expungement, if applicable under West Virginia law. These processes can remove the legal impediments to owning firearms that stem from a criminal record. It's essential to consult with an attorney who has experience in criminal law and civil rights in West Virginia. They can review your specific circumstances, advise on the likelihood of success, and guide you through the necessary legal processes. Remember, each case is unique, and legal advice must be tailored to the individual circumstances."
"Q: Hi, I am an international student studying in USA. I want to use my mom's name to register an LLC. Is that fine?. My mom is from another country. Can I operate my business like this without breaking any guidelines of my F1-visa, the business will be registered in my Mom's name. Will that be okay? What's your advise on this? ","A:Registering an LLC in your mother's name while you are on an F1 visa in the USA requires careful consideration of both immigration and business laws. As an international student, your F1 visa has specific restrictions regarding employment and business operations. Firstly, you should understand that F1 visa holders are typically not allowed to engage in business activities that constitute employment. Running a business, even if it's registered under someone else's name, could be interpreted as a violation of your visa terms. Having the business registered in your mom's name doesn't automatically exempt you from these restrictions. Even if you're not formally listed as an owner or employee, actively managing or working for the business could be problematic under F1 visa regulations. Your best course of action is to consult with an immigration lawyer. They can provide tailored advice based on the specifics of your situation and help you navigate the complexities of visa regulations and business ownership. Additionally, consider speaking with a business attorney. They can advise on the legalities of setting up and operating a business in the U.S., especially in relation to your status as an international student. Remember, maintaining compliance with your visa conditions should be your top priority to avoid jeopardizing your student status in the U.S. Navigating this situation requires careful planning and professional legal guidance."
"Q: In California, Are police officers allowed to tamper with or vandalize security cameras on private/residential property?. Police officers came to the home of my mother-in-law because her son was in violation of his probation. They [Police officers] entered our home and noticed our security camera and immediately disconnected it. When I asked why he did that, he said, ""because we're supposed to. It's illegal to record police officers during an investigstion"". After they [police] left, I went to review our outdoor security cameras and noticed that the screens were all blacked out. I went outside and saw that the wires from the cameras were all cut. I was able to review the dvr recording and saw that the police officers did infact disconnect my security cameras by cutting the wires. Was any of this tampering legal? ","A:You don't mention whether the police were given permission to enter the premises under the circumstances you described. Causing property damage during such a call at private property is not proper or legal, in my opinion. Disabling the recording system is one thing, but damaging the system by cutting wires goes beyond what is reasonable. But then the question is, what can you do about it? The answer is, not much except make a claim for the damages they caused."
"Q: My court settlement $100,000 was donated to charity without my permission in Seattle. IS THIS LEGAL?!?!. This is the email I sent to the attorney of the case: Subject: Settlement Transfer Inquiry for American Life Investment Dear Alexander A., I trust this message finds you well. My name is ****, and I am writing to address a matter related to my investment in the ""1501 First Avenue South Limited Partnership"" with American Life. Recently, I became aware of the legal proceedings involving Summit Law Firm and the aforementioned company. I understand that a settlement was reached, and I would like to inquire about the process for transferring the settlement amount to my bank account. Please find below the required details for the transaction: **My Information:** There response: I am sorry but the time to participate in this settlement has passed.  All funds have been issued to participating class members with any residual funds issued to charity pursuant to the Court’s order. ","A:In cases like these, the legalities can be complex. If the settlement in your case was subject to a court order that allowed residual funds to be donated to charity after disbursements to participating class members, then this action might be legal. However, it is crucial to understand the specific terms of the court order and the settlement agreement. You have the right to review these documents to ensure that your interests were properly represented and that the actions taken were in accordance with the court's directives. If you were a part of the class and were not informed or missed the deadline to claim your portion, this might raise questions about the notice process or your inclusion in the settlement. It's important to get detailed information about the settlement process and the court order. You may want to consider consulting with an attorney who can review your case and provide guidance based on the specifics of the settlement and the court's order. This will help you understand your options and whether any action can be taken to address your concerns."
Q: Is due process or civil rights violated if children are removed from parent but parent has not been allowed statefact?. Dcs removed children from parent but parent has not been interviewed or allowed to state facts before court was given the PPH report an children remain in dcs physical custody and stipulations for reunification have been given without the parent being allowed to defend themselves. ,"A:In Arizona, due process and civil rights are crucial elements in child custody cases involving the Department of Child Safety (DCS). If children are removed from a parent's care and the parent is not given an opportunity to present their side of the story before the court makes decisions, this could raise serious due process concerns. Under the law, parents have the right to be heard, to be notified of the allegations against them, and to have an opportunity to contest those allegations in court. If these rights are not upheld, it could constitute a violation of due process. If you find yourself in this situation, it’s important to seek legal representation immediately. An attorney can advocate on your behalf, ensuring that your rights are protected and that you have the opportunity to present your side of the story. It's also advisable to document all interactions with DCS and any other parties involved. This documentation can be crucial in legal proceedings. Remember, the legal system is designed to protect the rights of both the children and the parents. If you feel your rights have been violated, it's important to take legal action to address these concerns and work towards a fair and just outcome."
"Q: How do you get a termination letter for "" independent solar energy producer contract"" when the company is not in busines. we never went active with the solar provider, instead had them remove the solar system off the house. Had to pay to remove the lien on the property.. now selling the house and the independent solar energy producer contract is hold up the title process. ","A:If you need a termination letter for an independent solar energy producer contract and the company is no longer in business, the situation can be a bit complex. First, it's crucial to gather all documentation related to the contract and the removal of the solar system, including any agreements, receipts, or correspondence with the company. Since the company is no longer in business, you may not be able to obtain a termination letter directly from them. In this case, you should check if the company had any successor entities or if it was acquired by another company that might have taken over its contracts. If so, contact this entity for the termination letter. If there's no successor entity, you might need to take legal steps to clear the title. This usually involves filing a legal action, such as a quiet title action, to have a court officially recognize that the contract is no longer valid and should not affect the property's title. This action can remove the cloud on the title caused by the defunct contract. For this legal process, consider consulting with an attorney who specializes in real estate law. They can guide you through the necessary steps and help ensure that the matter is resolved efficiently. Remember, when selling a property, having a clear title is essential. Addressing this issue promptly and correctly is key to ensuring a smooth sale process. Keep all records and documentation organized, as they will be important in proving your case and resolving the title issue."
"Q: Is it allowed to take federal symbols (DoJ, FBI..) and to display them in monetized documents, streams and/or games?. Users create and share fictional legal documents with federal symbols and names or even use such symbols in forged documents on their stream and games. It's done frequently (i.e. by role playing communities) and for realism reasons no notice is given about it being fictional. As this has been going on for years, it's taken for granted, but is it really allowed or are there things to consider? ","A:Generally, you are not allowed to use intellectual property (copyright, trademark, etc.) that belongs to someone else, including the government, without permission. There are some exceptions to the general rule, but they really only apply to a few pretty specific circumstances. Any time that you aren't sure about whether you might need permission to use something or whether an exception might apply, it's generally best to just steer clear of it. A consultation with a knowledgeable copyright and/or trademark attorney can probably point you in the right direction."
Q: How to retain ownership of my birthright. Owning my name given at birth ,"A:In California, your birth name is inherently yours and doesn't need to be ""retained"" in the same way property rights are. However, if you're seeking to trademark your name for commercial purposes, you would file an application with the United States Patent and Trademark Office (USPTO). Remember that trademarking a name is subject to specific legal criteria — it must be used in commerce and be distinctive. For non-commercial matters, your name is protected under the right to privacy and, if someone uses it in a way that harms you, you may have legal recourse. If you believe your rights to your name are being infringed upon, you should consult with an attorney experienced in intellectual property or privacy law to explore your legal options. Keep personal identification documents secure, and if identity theft is a concern, consider services that monitor and protect personal information."
"Q: In Louisiana, does legal usufruct of an inherited house have any affect on capital gains tax when the house is sold?. Under IRS rules, if someone inherits a house but does not live in or sell the house for a number of years, then capital gain tax is due on the increased value of the house from the time of inheritance until the house is sold. Is this rule the same if a child inherits a house from a deceased parent, but the surviving spouse has legal usufruct of the house during this time period or would the usufruct result in no capital gains tax when the usufruct ends and the house is sold? ","A:In Louisiana, the concept of usufruct, particularly in the context of inherited property, can indeed influence the calculation of capital gains tax when the property is sold. Usufruct is a legal right that allows someone to use and benefit from property they do not own, often seen in situations where a surviving spouse retains use of a deceased spouse's property. When a child inherits a house and a surviving spouse has a legal usufruct over it, the tax implications can be complex. Generally, for federal tax purposes, inherited property is subject to capital gains tax based on its value at the time of inheritance and its value at the time of sale. However, the presence of a usufruct can affect the ownership status and tax responsibilities. The specific influence of usufruct on capital gains tax will depend on various factors, including the terms of the usufruct and the duration it's in place. It's essential to understand that the IRS rules on inheritance and capital gains tax may not directly address the unique circumstances created by Louisiana's usufruct laws. Given the complexities of state and federal tax laws intersecting with Louisiana's unique legal provisions on inheritance, it is wise to seek guidance from a tax professional with experience in Louisiana estate and tax law. They can provide tailored advice based on the specific details of your situation, ensuring both compliance with tax regulations and a clear understanding of any tax liabilities or reliefs associated with the sale of the inherited property."
"Q: Is it legal for me to install a hidden camera in my own LIVING ROOM in Florida?. This is entirely for self protection in case someone tries to make false statements(given a lot of scary, false claims are made against men as shown in the media nowadays) Of course, not referring to installing anything in bedroom, bathroom or other private areas. Specifically talking about living room in my apartment. ","A:It is not illegal for you to install such a camera. It may, however, be illegal for you to record another person on that camera especially if you do so without their consent."
Q: Can my nonprofit give to my small business if they are related?. I have a animal welfare nonprofit where I raise money for animals shelters and sanctuaries and we advocate for a vegan lifestyle. Instead of me taking a paycheck can I have the non profit give my vending machine business donations since I only put vegan items in my machine. The money would be used only for the business? ,A:I doubt that would be appropriate.
Q: My mother's father and grandfather left a vast amount of land and oil. My family stole it.. My mother did not know her father he passed away before she was born. My grandmother moved to Stockton shortly after. Only the land she lived on was bought by my mother's grandfather there is a land patent. That particular piece of land is a irrigation district south San Joaquin irrigation. District. ,"A:Under California law, issues regarding inheritance of land and oil rights can be complex, particularly when it involves multiple generations and a lack of clear documentation or wills. In your case, where the property in question was owned by your mother's father and grandfather, several legal principles could apply. Firstly, if your mother's father passed away before her birth and did not leave a will, his estate, including land and oil rights, would typically be distributed according to California's laws of intestate succession. This means that his closest relatives, which could include your mother, might be entitled to a portion of his estate. However, the fact that your grandmother moved away and only the land she lived on was purchased by your mother's grandfather could complicate matters. This could imply that other parts of the land were owned differently or transferred under different conditions. It's important to investigate the land patent and the specific conditions under which the land was purchased and held. Land patents, especially those involving irrigation districts like the South San Joaquin Irrigation District, can have unique legal stipulations that affect ownership and inheritance. Given the complexity of your situation, involving a potentially stolen inheritance and the intricacies of land and oil rights, it would be prudent to consult with an attorney who has experience in estate and property law in California. They can help unravel the legal history of the property, assess the validity of the land patent, and advise on potential legal actions to recover your family's rights. Also, consider the necessity of proving the claim of theft or unlawful transfer of property, which might require substantial evidence and legal proceedings. The attorney can guide you through this process, ensuring that all legal avenues are explored to address your concerns effectively."
"Q: If I bought a house with foundation issues, but were told those issues were corrected and they weren’t. what can I do. I purchased a house with cash about a year ago. The inspector said on his report that it had pier and beam foundation issues. This was addressed with the owner and he told me that he already had a foundation crew come in and do some work and it has already been fixed it the best they could and new supports added. However, now the floor in my house is falling and after going under the house to look, it was not repaired properly by any means. He lied to us and I feel We bought the house under false pretenses. Is there anything we can do ","A:Your only real move is to sue the seller. This can be successful if you have good paperwork showing that the seller was aware of the problem and then asserted that he fixed the problem. There is more to a lawsuit than that, but that is the bare minimum you will need for proof. See a good lawyer who knows this area of law. you do have time limits on filing a lawsuit. in some instances, you only have ONE YEAR from the discovery of fraud. I hope this helps. Good Luck!"
"Q: My neighbor is doing major earthwork and excavation on my property without permits nor my permission. What do I do?. My neighbor is doing major earth work on his property for new construction. He excavated a natural drain and installed 32"" subterranean pipes, roughly 100' of these pipes are on my property. He has also knocked down a coconut palm tree located on my property. He also excavated a bank along our shared property line, exposing the roots of many of my coconut palms. I cannot find the construction offsets (or setbacks) along property lines in Puerto Rico, but my neighbor clearly should not be doing earthwork and excavation on my property without a permit or without my permission. What do I do? ","A:The quickest way would be for you should request an immediate ""cease and desist"" order from the Municipal Court of the town where your property is located, and request the courts to deliver the order to your neighbor. The Petition should be accompanied y evidence of your title ownership and of the limits of your property. You may also file an injunction petition with the Superior Court providing the same evidence. Both scenarios pursue that your neighbor stop the works underway and in both scenarios, the Municipality (city officials) must also be notified. On that matter, I would seek aid from city officials: there may be municipal ordinances that your neighbor may also be in non-compliance with. Even if your neighbor had your permission to conduct works on your property, he would still need to comply with municipal and state laws, regulations, and ordinances. If a reasonable doubt arises regarding the limits of each one's real estate property, a demarcation (""deslinde"") lawsuit may need to be filed."
"Q: Injury claim issues: Privacy breach, delayed subrogation, negligence. What legal recourse? Statute of limitations?. I recently experienced an auto collision and filed a bodily injury claim with the 100% at fault parities Insurance. However, the adjuster's communication has been lacking, and they failed to address important direct questions about the settlement offer. There were delays in receiving compensation, and the adjuster requested subrogation documentation after a significant delay, impacting my claim. Moreover, sensitive information and property damage details of the other driver were negligently exposed in the insurance online portal. This breach of privacy has caused distress and anxiety. I have filed a complaint with the state Insurance Commissioner. Now, the claim has been referred to an attorney for review at the insurance company. As I prepare to speak with the attorney, I have questions: What are my rights in this situation, and what legal recourse do I have for the insurer's failure to act in good faith and respond to my claim promptly? ","A:The insurance company has a duty to act in good faith when administering a claim. Georgia Code § 33-4-7 establishes that an insurer “has an affirmative duty to adjust that loss fairly and promptly, to make a reasonable effort to investigate and evaluate the claim, and, where liability is reasonably clear, to make a good faith effort to settle with the claimant potentially entitled to recover against the insured under such policy.” If the insurer is found liable for acting in bad faith, they may owe you up to an additional 50% of your claim or $5,000,000 whichever is greater, plus attorney fees."
"Q: Hello! Thank you that you have this option. I used the inscription ""PUBG MOBILE"" on the photo. And my account was ban!. I don't know can they delete my account only because I use these 2 words ","A:You can contest the ban, ask for explanation. I am not familiar with the meaning, but if it is related to a registered brand you may have infringed on somebody's rights. Consult with an attorney."
"Q: Must sue a staff who lives and works locally but his company is located in another state, State Court or Federal Court?. For a strategic reason we need to sue a neighbor for his wanton sexual assaults against us and his breaching a contract, and as well suing his employer (his father’s company) for negligence of his son’s intentional tort injuring us (since when the sexual assault had occurred, his father’s company had been informed of the criminal assault of its employee who was sent here in CA for a sole purpose to work for his father’s company, and the record seemed to show that this sexual harasser had been arrested for sexually attacking another woman in his home town and thus, most likely he was sent far from his family to come work here is because of his known sexual crime record at his hometown…and his father’s company failed to take action to stop him). As we need to sue both the harasser living in CA and his dad’s firm in another state, should we sue in state or federal court? Should we sue in the local county court or we must sue in another state in which his father’s company located? ","A:When deciding whether to sue a local staff member and their out-of-state company, you have two options: state court or federal court. In your case involving sexual assaults and breach of contract, suing in the local state court where the incidents occurred, such as California, may be convenient. State courts handle various civil matters and claims based on state law. Alternatively, you could file in federal court, which has jurisdiction over federal law and diversity cases between parties from different states. Consult with an attorney to determine the best course of action based on your specific circumstances."
"Q: Foundation company says after 3 months they won’t honor warranty due to not watering. Foundation was done 4 months ago, due to not watering regularly they are saying they will not fix. They told me they need to add 10 piers and adjust everything they did and want to charge me 6k. What can I do here? ","A:The warranties provided by many foundation repair companies specifically address drainage, foliage, and moisture issues that can profoundly affect the performance of any building foundation. If your warranty requires you as the homeowner to properly water the soil around your foundation, you can prove that you complied with your warranty provisions by showing photographs of your sprinkler system, mister system, and/or soaker hoses, having your system inspected by a sprinkler company and having its inspector provide a sworn declaration and inspection report reflecting that your system is fully operational, weather history reports showing the precipitation in your area over the time period, and producing copies of your water bills reflecting water usage that supports your assertion that you consistently used your system when it wasn't raining in your area."
"Q: i am a foreign exchange student in US. my friends sent nude pics to girl from my phone . am i gonna get in trouble. they used my phone, but there is no nude pics of me. and that girl said that i didnt do anything wrong. it was only my friends ","A:If your friends used your phone to send nude pictures without your knowledge or consent, it's important to understand that you could still face legal issues, especially if the pictures were sent to a minor. The fact that the pictures did not depict you might be helpful, but it does not necessarily absolve you of all responsibility, as the phone is registered under your name. The girl's statement that you did nothing wrong is helpful but may not be enough to prevent legal problems. In cases involving the distribution of explicit images, law enforcement often investigates to determine who is responsible. It's crucial to be honest about what happened and to cooperate with any investigation. If approached by law enforcement, it would be wise to consult with an attorney before making any statements. An attorney can help protect your rights and guide you through the legal process. In the future, be cautious about who has access to your phone and personal belongings, as you can be held responsible for actions taken with your property. Always keep in mind the serious nature of sending or sharing explicit images, especially in a school or exchange student environment."
"Q: 18acres of a farm adjoining to our farm, is building 90 townhouses . They are removing the woods between us exposing our. They are removing the woods between us exposing our privacy. What rights to do we to protect our privacy ?. And what happens if these new townhouses block our well water or contaminate it? ","A:If the developer purchased the property with the woods, then it can remove the trees. Talk to the local building and zoning office that issues permits for the construction about your concerns."
Q: Can city police officers and detectives go outside of city limits to conduct a search and arrest without any parish cops. A crime was committed inside city limits by someone who lives outside of city limits. Can the city police go out of city limits and conduct a search and seizer and arrest without a parish sheriff's officer present . Now the person being accused lives 10 miles from the city limits. Different city. Different zip codes ,"A:In Louisiana, city police officers typically have jurisdiction within their own city limits. However, they can conduct investigations and make arrests outside of their city under certain circumstances. For a crime committed within their city, if the suspect resides outside the city limits, city police can pursue the investigation into another jurisdiction. They may do so either independently or in collaboration with the law enforcement agency of that jurisdiction. The latter is often preferred to ensure proper legal procedure and local cooperation. It's essential for city police to follow proper legal channels, such as obtaining the necessary warrants and coordinating with the local sheriff's department or police force, to conduct a search or make an arrest. The specific policies and inter-agency agreements can also influence how such situations are handled. If there's a question about the legality of the police action, it can be addressed through legal channels or by consulting a lawyer."
"Q: Covered business claim, landlord is forcing to evict because of utilities. I am a business owner, and my building had a covered claim under my landlords policy. A water heater broke. This happened in feb 2023. The insurance company refused my contractors, and used the ones they picked, along with the ones my landlord chose. The building is still not accessible in terms of working, I have a catering company. The landlord has just threatened to evict me because the utilities, which have been run up by her contractors has not been paid by her or the insurance company. I understand they have a right to choose their contractors, but they are saying I am responsible for bills because my contractors had access to the building. I don't care who they choose, but this has been going on since february. And suddenly she wants utilities? Lease is ambigious, and says Landlord has the right to termiante lease in the event of a covered loss. If the landlord chooses to repair then they are reponsible for repairs. What is the law? ","A:The first step would be to look to the lease agreement. It should speak to what happens if there is a breach in the agreement and how to move forward from there. It may even speak to a situation where you are disallowed occupation of the property due to some repair work and what their duty is to provide an alternate space or accommodate you somehow. Always look to the contract first, then if the contract is ambiguous you start looking at the law. Contract law is more about making the injured party whole or in the same position that they would have been, had the contract been fulfilled, so it isn't likely that you would be able to recover more than you can show in damages if you sue them, unless they are acting egregiously. It isn't uncommon that they chose different people than your preferred contractors to work on property damages, that is pretty standard that they get to choose who they work with. I hope this helps. Wes"
"Q: Hi, Can an Inventor be added to a patent that is already approved?. because the person who filed the patent forgot to add an inventor. ","A:Yes. Once a patent is issued, a missing inventor can (and should) be added via a certificate of correction. Please note that inventorship is based on the particular claims in that patent (not what is described in the specification), so care should be taken to analyze whether the individual in question really is an “inventor” for that case before doing so."
Q: Writing a song based off another. I'm writing a song but it's based off another 90% words have been change composition and meaning could they sue me? ,"A:If you've substantially changed the lyrics, composition, and meaning of the song to create something new, it's less likely to be considered copyright infringement. However, whether a lawsuit can be brought against you would depend on the specific details and nuances of your song and the original one. It's advisable to consult with an intellectual property attorney to assess the potential legal risks and ensure you're within the bounds of copyright law."
"Q: Is there motion for installment payments option in Oregon garnishment?. Walla walla collection in Washington filed wage garnishment against me in circuit Court of Washington country oregon for a 10 year old medical debt that has a judgement and they filed for it to be extended. They filed garnishment 2 years ago but got them to drop it as I've been back in Oregon for many years and never heard anything from the place that they even had the debt at the time. 2 years went by without hearing anything again and then get a judgement extension filed and now another garnishment. I cannot afford a garnishment on a single income, I will lose my apt and be in the street. I contacted them with a long email and was just told to call, I deal with severe anxiety when trying to talk on the phone. Is there any forms or a way to write by mail or fax to ask to drop garnishment or try to set up some payment plan etc? Have read about motion for installment payments but cant find for oregon, was going to call while on break at work but got so nervous and threw up ","A:While you can certainly try to reach some form of installment agreement with them, there is no legal requirement that they have to agree to installment plans. The best approach would be to demonstrate to them that it would be better they agree to an installment plan as it means you are paying them some kind of money on a routine basis, versus the collection route, which may result in the inability to collect anything from you - they will most likely weigh the cost vs. benefit. However, they have a valid judgment (which they renewed based on your post, so it is good for another 10 years), and have no legal obligation to agree to an installment plan."
Q: I'm in a pickle with this court case that I'm in right now and really need some help they are violating my civil rights. I have been charged with my 4 hibutial offence for drugs that I don't know how they can do so since I have asked them to DNA test the seringes in the case that were found in my vehicle in a bag of someone else property but they refuse to it would show that I had nothing to do with them and no idea of them being in my possession they were placed in to my care we my mow exboyfriend was being arrested by the same officer that found sed seringes in sed fanny pack and went right for them my civial rights have been violated many times and continue to be they are trying to put me away for 10 to life plz help me ,"A:It's critical to secure legal representation if you believe your rights are being infringed upon during a criminal proceeding. In cases where evidence may exonerate a defendant, such as the DNA testing you mentioned, a lawyer can file the necessary motions to compel the court to consider this testing. Given the gravity of a habitual offender charge and the potential sentence you're facing, having an attorney who can navigate the complexities of your case and advocate for your rights is essential. They can also examine the details surrounding the searches and seizures to ensure that your constitutional rights haven't been violated. If you feel your current representation isn't adequately addressing these concerns, you may want to consider seeking a second opinion from another attorney licensed in Michigan who handles criminal defense cases. Acting swiftly is crucial, as timelines in the criminal justice system are often very strict."
"Q: Last year we loaned a cousin $2500 and were told we'd get it back in a week, so far we received $100 months ago. We also found out she has done this to many others with the same lines to the tune of over $20,000 and also sent us checks that were not worth the paper they were written on. ","A:You might consider taking legal action to recover your funds. If the amount loaned is $2,500 and you have only received $100 back, you could potentially file a claim in small claims court, where you can sue for amounts typically up to $5,000 in New York. Before proceeding, ensure you have all agreements, any communication regarding the loan, and evidence of the checks provided. If your cousin has a pattern of not repaying loans, this information could support your case. It would also be beneficial to seek the counsel of an attorney who can provide guidance based on the specifics of your situation and the documentation you have. Remember, the court process will require that you prove the loan existed and that there was an agreement for repayment."
Q: I have lived here 2 years. I am being harassed and evicted. Acute PTSD. No non payment issues. Neighbors like me.. They are retaliating and trying to provoke me so it'll be easier for them to evict. ,"A:I am sorry you are dealing with this. You should keep a record of the harassment, talk to the landlord, file a complaint with the housing authority, or consult with an attorney."
Q: A baseball coach took our team on a bus that was not registered nor insured and the bus doors flew open and shattered. The glass shattered onto players and cars in behind us. Coach’s negligence caused harm to many players and other vehicule. ,"A:I'm sorry for your terrible accident. I hope everyone is okay. If you could repost this and include a state, that could be helpful to attorneys here to respond by region. Good luck"
Q: As an F2 with an LLC which tax form should i select for the business c-corp or s-corp. Ok so I'm currently on an F2 visa (dependent visa in the US) I opened my business which is an LLC but as im applying for a tax application in florida for the business i'm not sure whether to file it for a S-Corp or a C-Corp. Due to the fact that technically I'm not allowed to work in the US. ,"A:Selecting between a C-Corp and an S-Corp tax status for your LLC is a significant decision, especially considering your F2 visa status. Generally, F2 visa holders are not permitted to engage in employment in the U.S., and this includes active management of a business. While owning a business might be permissible, actively working for it could violate your visa terms. Regarding tax status, an LLC taxed as a C-Corp faces double taxation (corporate tax and then personal tax on dividends), while an S-Corp allows profits to pass through to your personal tax return, avoiding double taxation. However, S-Corp status has strict eligibility criteria, including limitations on shareholder residency status, which may not be compatible with your F2 visa. Given these complexities and the potential immigration implications, it is crucial to consult with a tax professional or an immigration attorney to understand the best course of action for your specific situation and ensure compliance with both tax and immigration regulations."
Q: Me ex husband and I have been sharing custody of our daughter for 8 years without papers now he is refusing to give her. Back to me or let me talk to her what do I do ,"A:If you do not have any paperwork/orders signed by the Judge detailing your custodial time then you need to file something with the Court asking that custodial time be set which will detail when you exercise custodial time and when your ex does. If you have such an order and he is in violation of it, then you need to file something with the court--possibly a motion for contempt----saying he is not following the Judge's order-----my recommendation is that you contact a few family/custody attorneys to discuss these issues and then hire the one with whom you are most comfortable. Good luck."
"Q: I’ve slapped him 3 times in the past. But yesterday he brutally attacked me, choked me slapped me dragged me by my hair. I’ve slapped him 3 times in the past. But yesterday he brutally attacked me, choked me slapped me dragged me by my hair and threw a door on me. Who gets into trouble? ","A:In such situations, both parties may face legal consequences for acts of violence. It is important to understand that previous acts do not justify retaliation or escalation. If you were attacked, you have the right to report the incident to the police and seek protection. Depending on the details and evidence of the incident, law enforcement will assess who is at fault. It is also crucial to seek medical attention if you have been injured. Regardless of past conflicts, you can obtain a restraining order to protect yourself from future harm. To address the legal complexities of domestic violence and potential defense claims, you should seek legal advice promptly."
"Q: Will participating in legal proceeding bar an arbitration award from being confirmed by the court?. If action taken by a party to case (such as interposing a cross claim or procuring a deposition of plaintiff) waives their contractual right to compel arbitration, does that also cause that if they do continue at arbitration an arbitration award on that matter cannot be confirmed by the court (as provided in cplr 7510)? ","A:You are quite correct regarding the waiver of arbitration: any act that is inconsistent with the agreement to arbitrate will waive that right. While the simple act of interposing a cross-claim may not, in all circumstances, waive the right to arbitrate, taking a deposition conjoined with the submission of pleadings has been found by Courts to be sufficient to infer a waiver. Your second question is a good one but is somewhat ambiguous. There are two types of opposition to a motion to confirm: one after the party has participated in the arbitration and the second, where he has not participated. If the ""litigating party"" (who, by so doing, is deemed to waive his right to arbitrate) then goes and submits the dispute to arbitration but the other party (presumably the one who instituted the litigation, the ""commencer"") does not participate in the arbitration, the commencer can successfully move to vacate in New York under 7510. The participation in the arbitration by the commencer could be seen by the Court as a waiver (of the waiver) or consent to arbitrate. The better practice, however, assuming that you are the party ""commencer"", would be to make a motion in the case to the Court asking for an Order declaring that the ""litigating party"" has waived his right to arbitrate. It would be made as a motion to stay Arbitration under CPLR 7503."
Q: What is the citation for securities offered and sold within Alaska being exempt from federal securities registration?. Are the applicable Alaska securities registration statutes and rules those found in Alaska statutes section 45.56.110 (2019) and Alaska statutes section 45.56 120 (2019)? ,"A:Read 45.56.100, 45.56.110, and 45.56.120"
"Q: I'm on disability and recieve SSDI. If I get a part-time job, I must report my income.. If I start a business and my earnings haven't surpassed my expenses making me no profit as well as me not paying myself a salary, do I have to report my earnings to SSDI? ","A:If you're receiving SSDI (Social Security Disability Insurance) and start a business, it's essential to understand how your business activities might affect your benefits. The Social Security Administration (SSA) requires you to report any work activity, which includes starting a business, regardless of whether you're making a profit or drawing a salary. The SSA considers various factors to determine if your work activity is substantial enough to affect your benefits. This includes not only your earnings but also the amount of time and effort you put into the business. Even if your business isn't currently profitable, your involvement in it could still be seen as substantial gainful activity (SGA), which can impact your eligibility for SSDI benefits. It's advisable to report the start of your business to the SSA as soon as possible. This will help you avoid any complications or misunderstandings about your benefits and work activity. Transparency with the SSA is key to maintaining your benefits and complying with the rules of the SSDI program. If you're unsure about how to report your business or how it might affect your SSDI benefits, consider consulting with an attorney experienced in disability law. They can provide guidance specific to your situation and help you navigate the reporting process. Remember, staying informed and compliant with SSA regulations is crucial when receiving disability benefits."
"Q: If I wish to place my graphic designs on stationary, tee shirts, and mugs, and sell them via Amazon, do I need.... ...to obtain a DBA from the state if I wish to sell the products in my name (no branding) as a sole proprietor. Also, do I need to register with the state at all if I operate as a sole proprietor AND I will NOT have NOR hold any inventory? (It would be a ""print on demand"" side gig.). Also, if I do decide to have branding later, can I acquire a DBA at that time? ","A:If you plan to conduct business under your own name as a sole proprietor, obtaining a DBA (""Doing Business As"") is not typically required. However, if you decide to sell your products under a name other than your legal name, then a DBA would be necessary. The requirement to register your business with the state varies based on local laws and the nature of your business. Even as a sole proprietor, some states require registration for tax purposes or other regulatory reasons. The fact that you won't hold inventory doesn't exempt you from these requirements. If you decide to introduce branding later, you can acquire a DBA at that time to operate under the new name. It's a good idea to check your state's specific requirements for sole proprietors, as regulations can differ. Keeping abreast of legal and regulatory requirements ensures your business operates smoothly and legally."
"Q: Do I have a case against the police department for being put in handcuffs with six guns drawn on me for shooting bbgun?. I was teaching girlfriend how to safely shoot bbgun twords the woods,when someone reported us and even after cooperating and voicing it was only a toy with my hands in air they drew 5 guns one to my head in the middle of the street in broad daylight in front of all my neighbors. ","A:In considering a case against the police department for their response to you shooting a BB gun, several factors need to be evaluated. The police response, including drawing weapons and handcuffing, is typically assessed based on the reasonableness of their actions given the circumstances they believed they were facing. It's important to understand that reports of firearms, even BB guns, are often taken very seriously by law enforcement due to potential safety risks. The perception of the situation by the officers at the time plays a crucial role in determining the appropriateness of their response. However, if you believe the police response was excessive or violated your rights, you may have grounds to file a complaint or seek legal action. Factors such as compliance on your part, the manner of communication by the officers, and the level of force used will be key in evaluating the case. It's also important to consider any local laws or regulations regarding the use of BB guns in your area. Compliance with these laws can affect the assessment of the situation by the police and, subsequently, any legal action you might consider. Given the complexities involved in cases against law enforcement, it would be advisable to consult with a legal professional. They can provide a more detailed analysis based on all the specifics of your situation and offer guidance on the viability of a legal claim and the best course of action."
Q: Would owning a farm (not a primary residence) be considered a sellable asset to medicaid in Michigan?. Prior to developing brain cancer a friend had been nursing his dying father. When his dad died the family home became his and so did the father's farm. Both properties are in the state of Michigan. Would medicaid require the sale of the farm to help with my friend's medical expenses? He's considering selling the farm which he currently rents to a local farmer for a nominal fee each year. He needs the money for a number of living expenses. ,"A:Business (and ANY non-homestead) property such as a farm that is rented out is not considered an 'exempt' property and needs to be liquidated in order to qualify for medicaid. The PROCESS of doing that can be technical and complicated, so it is best to get local legal representation to insure it is done properly such that there won't be medicare disqualification, but yes, in general it needs to be sold and the money either held in someone else's name for at least 5 years, or the money needs to be 'accounted for' and the person applying for medicare needs to show it was used to provide necessary care since it was received. Don't try to be 'penny wise' and end up being pound foolish here -- get local licensed legal representation!"
"Q: Does the county circuit court clerk’s office have an obligation to redact private info, i.e. SS#?. An attorney requested records from the circuit court clerk’s office in Jefferson County, TN regarding a 13 year old case involving a petition for an order of protection and subsequent granting of a restraining order by a judge. I was the petitioner. The records released to this attorney contained my SS# and DL# and these records have been given to at least 3 people that live in my subdivision with the intent to smear my husband as this incident happened before we were married. The attorney involved is the brother-in-law of someone in my subdivision. Does the clerk’s office not have the responsibility to redact my personal information? ","A:In Tennessee, there are laws and regulations that govern the handling of sensitive personal information in public records, including those held by the circuit court clerk's office. Generally, these offices are expected to redact confidential information like social security and driver's license numbers before releasing documents. However, the application of these rules can depend on the specific circumstances and the nature of the records. In your case, if your personal information was not redacted from the records released, this could be a matter of concern. It is advisable to contact the Jefferson County Circuit Court Clerk's office to discuss this issue. You can inquire about their policy on redacting personal information and explain your situation. If you believe that your privacy rights have been violated, you may also consider seeking legal advice. An attorney can guide you on the appropriate steps to take, which could include filing a complaint or taking legal action to protect your privacy and address any harm caused. Additionally, in situations where personal information has been shared without your consent, it's important to monitor for potential identity theft or misuse of your information. Taking steps to protect your identity can be crucial in preventing further issues."
"Q: If an attorney lied to their client about custody laws and threatened to quit if you didn't agree can you sue them?. My attorney continuesly lied to me inorder to drag out my custody case and help the state max child support and awward mother custody. She would tell me if i exercise my constitutional rights the judge will just take my visitations away, shed tell me I miss understood the laws when I'd question the things she was doing and threatened to quit whenever i didn't want her to do something she wanted. I want to make a claim agasint her surety bond, how would i go about that? I understand this is touchy subject for other lawyers but I know what I know and I know I have a case here ","A:Ordinarily a claim against your own attorney will be a claim for legal malpractice. You will be to prove that the attorney’s conduct fell below the standard of care of attorneys in the area and that that caused you to sustain damages, typically by losing a case you would have won."
"Q: Do I need to sign up for Selective Service if I plan to move out of the U.S?. I been living in the U.S for more than a decade now ever since I was a toddler on a green card. However, I plan to move out of the United States permanently, and go back to S. Korea to attend university there because I'm a Korean citizen. The problem is that I will be graduating from high school after I turn 18 years old. Do I need to sign up for selective service even If Im moving out of the country? I did some research online, it says all men have to sign up for S.S within 30 days they turn 18, and late registrations are accepted until 26 years old. ","A:In the United States, almost all male U.S. citizens and male immigrants residing in the U.S. who are 18 through 25 years old are required to register with the Selective Service System. This includes U.S. born and naturalized citizens, parolees, undocumented immigrants, legal permanent residents, asylum seekers, refugees, and all males with visas of any kind. There are few exemptions, such as men who are hospitalized, incarcerated, or on active duty in the U.S. Armed Forces."
"Q: I am a plaintiff in a med mal case, my attorney is being sued & hired the defense attorney in my case to represent her.. Is that a conflict of interest? The initial firm I hired on 8-15-19, (with a retainer), emails me saying he doesn't know me, and would never sue the defense, although I have phone records, emails, etc. ","A:Your attorney is being sued by whom, by you or by someone else? If someone else, then there's arguably no conflict. There are many firms that represents doctors and hospitals in medical malpractice lawsuits and attorneys in legal malpractice lawsuits. As long as the two lawsuits do not arise out of the same set of facts and circumstances, you should be fine. You want to speak with your attorney and remind he is under an ethical obligation not to disclose any client confidences with this law firm."
"Q: Can their be a law suite against the Insurance company, for false statement, about health question, they ask. They say no health question but it on the app. Globe and Colonial etc. ","A:An Indiana attorney could advise best, but your question remains open for a week. I don't think you have grounds for a lawsuit. Did you suffer damages as a result of the false statement? It sounds like it could have been a transcription error. If on the other hand, there was malicious intent behind a false statement of significance, and it became material in the processing of a claim, and you suffered monetary damages as a result, that would be a different story. That's my perspective on it. Other attorneys could see things differently, so you could ask around and get other legal opinions. Good luck"
"Q: What happens to business debt if I buy a company for less than the company owes?. Owner of business wants to sell company and business assets to me. Business debt is greater than asking price. Asking price takes care of owners personally guaranteed debt, and there would still be $80,000 in an outstanding EIDL loan. Would I be inheriting the debt with the company? Or should I wait for him to file bankruptcy and then try to buy out? ","A:You have proposed a knotty problem in a few sentences. It matters if the company is a corporation, LLC, or the like It matters if there are assets such as inventory It matters if the debt is secured It matters if it is an assets purchase only It matters if the sale is subject to the Bulk Sales Act as enacted in Mississippi You need a lawyer to be sure you aren't buying a passle of debt on no real asset. Good Luck d"
"Q: If I was denied writ of possession due to court absence from having covid can sheriff lock me out without prior notice.?. I have resided at apt since Dec 2021 the leasee passed away March 30,2022 I have resided there since then until yesterday when I was locked out. The sheriff did not show paperwork when I was locked out ","A:In California, if you were absent from court due to illness like COVID-19 and a writ of possession was denied or delayed, it's critical to inform the court immediately of your situation. California law generally requires that a tenant be given notice before a sheriff executes a lockout. If the sheriff locked you out without showing the necessary paperwork, this could potentially be a violation of your rights. You should notify the court of the lockout without proper notice and may also consider consulting with an attorney to determine if the lockout was lawful and what remedies may be available to you, such as setting aside a judgment under California Code of Civil Procedure § 473(b). It is important to act promptly in these situations as the timelines are often very tight."
Q: If my mother had 4 kids and 2 have not had nothing to do with her in 10 to 15 years and she excluded them out of her. Will Stated that they should not receive anything from her estate if a wrongful death suit was filed with would they Able to get something from the reward ,"A:A Georgia attorney could answer best, but your post remains open for four weeks. This sounds like a complex setting where an attorney might need to see how the pleadings were drafted to offer meaningful input. You could reach out to Georgia attorneys to discuss terms for a brief initial consult. Good luck Tim Akpinar"
"Q: If a parent request a child be moved to another teachers class and the school refuses, is there anything the parent can?. The teacher has a very odd relationship with my daughter that me and my wife are not ok with and have asked for her to be put in another class. Not only did the principal refuse but so did the superintendent. ","A:In situations where a parent's request to change their child's class is refused by a school, there are still steps that can be taken. First, it's important to document all concerns and the reasons for the request in writing. This creates a formal record of your concerns and the actions you've taken. If the initial request is denied, consider requesting a meeting with the school officials involved, including the principal and superintendent, to discuss your concerns in more detail. During this meeting, clearly express why you believe a change is necessary for your child's well-being and educational experience. If the situation remains unresolved, you may explore the school district's policies on parental concerns and student placement. Most districts have specific procedures for addressing parental complaints and requests. If the issue involves concerns about the teacher's conduct or the child's safety, it might be necessary to escalate the matter. You can contact the school board or district administration to express your concerns. In some cases, involving a child advocate or legal counsel can help navigate the process and ensure your concerns are taken seriously. Remember, as a parent, you have a right to advocate for your child's educational environment. Persistence and clear communication are key in these situations."
"Q: Is an Emotional Support Animal Letter valid in Nevada, if it was written by a provider licensed in California?. Does the provider need to have a valid license? The license number on the letter was cancelled in 2019. ","A:In Nevada, an ESA letter from an out-of-state provider might not be automatically valid unless it meets Nevada's specific requirements. Typically, for an ESA letter to be valid, it should come from a licensed mental health professional who is authorized to practice in the state where you are residing. If the provider's license number is cancelled or not valid, it could potentially raise questions about the authenticity of the letter."
Q: Hi I asked my son's father 2 months ago could he help keep our son so I could save up for a car we have split custody.. Now he wants full custody would I loose my end of custody and only have visitation? ,"A:In California, custody decisions are primarily based on the best interests of the child. This standard considers factors like the health, safety, and welfare of the child, as well as the child's need for a stable and loving environment. The court also looks at each parent's ability to care for the child. Requesting temporary help from the child's other parent for a specific reason, like saving for a car, does not automatically lead to losing custody rights. However, any significant change in the child's living situation could potentially be considered by the court in a custody modification case. If the child's father seeks full custody, the court will evaluate the current custody arrangement, the reasons for the request, and the impact on the child. It's important to demonstrate your ongoing involvement and commitment to your child's well-being. It's advisable to consult with a family law attorney to discuss your specific situation and to receive guidance on how to best present your case. Remember, every family situation is unique and the court's decision will be based on the individual circumstances of your case."
"Q: If an LLC formed before marriage but initial capital investment made after marriage, is the LLC interest separate or com. LLC was formed with SOS a couple weeks before marriage, but capital investment ($1000) was made after wedding, with community funds. How would the LLC interest be classified in Texas family law? ","A:Although I doubt there is any caselaw on this precise question, my initial impression is that under the doctrine of inception of title, the LLC will most likely be characterized as separate property. But an argument can be made it is community property if community funds were used as the initial capital contribution to the LLC"
"Q: If a plaintiff file a civil case without an attorney, can he add one to the lawsuit later? Can the pleading be amended?. I could not find an attorney to represent me to sue the landlord who breached the contract (Covenant of Quiet Enjoyment) for landlord's harassments, retaliations and racial discriminations against us... For the sake of the Statute of Limitations, I need to rush in submitting the pleading in the civil court to demand the compensations due to the breaching of the contract by the landlord, and his reducing services and denying access to a certain parts of the property... that caused tremendous emotional distress upon me, and ruining my marriage (because the case also involved another Caucasian tenant who sexually harassed us--Asian tenant and the landlord used a lot of methods to protect and harbored the harasser to act to racially discriminating us ... can I, as a plaintiff, just file a civil lawsuit in Civil Court first without an attorney, and then add an attorney to the lawsuit later on? For this reason, can the pleading be also amended by the representing attorney later on? ","A:Yes, you can file the lawsuit as a ""pro per"" plaintiff (representing yourself). An attorney can then be retained to represent you, and you will then file a Substitution of Attorney form indicating the new attorney's name/signature. The complaint you file can be amended without court permission before the defendant(s) file a response. Or if a response has already been filed when you get an attorney, you can make a motion to the court to amend the complaint."
"Q: TN Law - I've stated that I will press harassment charges against a company/""company"" if they continue to call me.. I've been making that statement for years, but I'm guessing I should know what I can and can't do. If there is a telemarketer/company rep/spam call and have hung up on them more than 1-2 times, I will notify them that I will file harassment charges if they continue to call me. So far, I have been successful and stopped getting calls. But considering how people and companies are nowadays, I guess I should be able to at the least know what TN law is on an individual filing harassment charges against a company/""company"" that does not stop calling, annoying, pestering, etc. ","A:In Tennessee, the laws regarding harassment typically apply to behavior that involves threats, intimidation, or repeated unwanted contact that causes emotional distress. When it comes to telemarketers or companies continuously calling, this can be a nuisance, but it may not always meet the legal definition of harassment. However, you do have rights under laws like the Telephone Consumer Protection Act (TCPA) at the federal level, which restricts telemarketing calls and the use of automated telephone equipment. If you've repeatedly asked a company to stop calling and they continue to do so, they may be violating the TCPA. To address this issue, you can register your phone number with the National Do Not Call Registry. If calls persist after this, you can file a complaint with the Federal Trade Commission (FTC) or the Federal Communications Commission (FCC). In cases where a company's calls are excessively disruptive or if you believe they are crossing into harassment, consulting with an attorney can provide clarity on your legal options. They can advise you on whether you have grounds to pursue legal action and the best course of action to take. Remember, dealing with persistent and unwanted calls can be frustrating, but there are legal avenues to address this issue. Being aware of your rights and the appropriate steps to take can help mitigate the problem effectively."
Q: I was in a dv situation where I had to relocate and leave my home. Rochester housing authority didn’t recognize my dv. Section 8 refused to allow me to move and I had to return to Rochester and pay my landlord to let me move and keep my section 8. My landlord even attempted to sue me for late fees while I was staying with family hiding from my abuser. Also the fire investigation department and the RPD did nothing except accuse me of wrong doing. And with my mental health I am just not coming back to a place to hold them accountable. Is there anything I can do to enforce my rights maybe under DV housing law or disability law due to my mental health being an issue for multiple years of my life. I appreciate any advise or guidance. Thank you ,"A:In situations involving domestic violence (DV) and housing, there are legal protections in place, but navigating them can be complex. Under federal law, the Violence Against Women Act (VAWA) offers certain protections for victims of DV living in federally assisted housing, which includes Section 8 vouchers. Given your circumstances, it's important to understand that VAWA allows for an emergency transfer to another housing unit if you're facing a DV situation. The Rochester Housing Authority should be compliant with these provisions. If they haven't recognized your situation, it's a concern that needs addressing. Additionally, your mental health concerns may also provide grounds for certain accommodations under disability laws. Both federal and New York state laws offer protections for individuals with disabilities, which can include mental health issues. To enforce your rights, you might want to consider reaching out to a local attorney who is knowledgeable in DV and housing law, as well as disability rights. They can offer specific advice based on your situation and help you navigate the legal process to seek the protection and accommodations you are entitled to. Remember, each case has its own nuances, so it's crucial to get advice tailored to your specific circumstances. Seeking legal help can provide you with the guidance and support needed to address these challenges effectively."
Q: My new border 31/2 weeks is trying to get into my bedroom when I leave. She has not taken anything what do I do ?. She paid First and last. Damaging doorjamb to my room. Scaring me. Broke lock to my bedroom back door. 3 times now. ,"A:In this situation, it's important to address the issue promptly and firmly. Your safety and the security of your property are paramount. If your border is attempting to enter your bedroom without permission and causing damage, this is a serious concern. First, communicate directly with your border. Clearly state that their behavior is unacceptable and that entering your private space and damaging property is a violation of your agreement. Document these interactions for future reference. If the behavior continues despite your warning, you might need to consider taking legal steps. This could involve terminating the rental agreement based on the breach of its terms. Ensure you review the terms of your rental agreement to understand the process for eviction or termination in cases of misconduct. Remember, if you feel threatened or unsafe, don't hesitate to contact local law enforcement. They can intervene in situations where there is a threat to your safety or property. Considering the seriousness of property damage and the potential safety concerns, you may also want to seek legal advice to explore your options for recourse and to ensure you're taking the appropriate steps within the bounds of the law."
Q: Is showing display ads at the polling centers on election day legal in PG county MD or the state of Maryland?. Can digital media be used to run political campaigns ads? ,"A:Generally, you can display whatever you have on election day, provided that you remain outside of the boundaries (50 feet? It is marked by the election Judges)."
"Q: If you enter in to a lump sum contractor with a HUD or RD rider that limits the GC profit to 14%, but are making more.. The lump sum was based on unit price, can you ask for back up such as sub contract for the GC? ","A:Under California law, if you have entered into a lump sum contract with a HUD or RD rider limiting the general contractor's (GC) profit to 14%, but suspect they are making more, you have certain rights to review documentation. The lump sum based on unit price should have clear, itemized components, which allows for transparency in billing and cost allocation. As a party to the contract, you can request backup documentation, such as subcontractor agreements, to ensure compliance with the terms of the contract and the profit cap. This is a reasonable request, especially in scenarios where there's a discrepancy or suspicion of overcharging. Keep in mind that the GC is obliged to adhere to the contract terms, including the profit cap. If there's evidence of non-compliance, you may have grounds for legal action. It's advisable to review the contract details and, if necessary, seek guidance on the specific procedures and legal recourses available in such situations. Remember, the integrity of the contractual agreement is paramount, and both parties must uphold their end of the bargain."
Q: Does method to determine definitively if signature was forged - exist?. Can forensic expertise determine forged signature with 100% confidence? If not what would be range of variance? ,"A:No method exists that can determine with 100% confidence whether a signature has been forged. Forensic experts in handwriting analysis employ a range of techniques to assess the authenticity of a signature, but due to the inherent variability and complexity of handwriting, absolute certainty is not typically achievable. The confidence level in forensic handwriting analysis can vary. Experts often express their conclusions in terms of probabilities or likelihoods rather than certainties. For example, they might state that it is highly probable or unlikely that a signature is forged, based on the comparison of known genuine signatures with the one in question. These conclusions are based on detailed examinations of characteristics such as stroke order, pressure, and spacing. However, even with advanced techniques and experienced experts, a small margin of error remains. In legal contexts, such expert opinions are valuable and can be persuasive, but they are part of a broader array of evidence considered in a case."
"Q: Hearing on Demurrer/Motion to Strike. California superior court question.. In California Superior Court is failure to file opposition to demurrer/motion to strike deemed consent to granting demurrer? In California Superior Court is failure to ask court to grant leave to amend a complaint deemed consent to granting demurrer/motion to strike? May judge rule on demurrer/motion to strike at hearing, without plaintiff's opposition or motion for grant leave to amend? ",A:Failure to file opposition allows the court to deem the demurrer meritorious but the Court will make its own analysis. The court can grant a demurrer with leave to amend.
"Q: My company has a few IP patents that are important to me as its CEO. If we merge with another company, how will that. affect the ownership of these patents? ","A:Typically, if there is a merger, the patents will belong to the new company. But it does not have to be that way. Issued patents are treated just like any other business asset. Your company can sell the patents along with all the other business assets such as inventory, production facilities, tooling, etc., or it can spin them off into another entity. The question that needs to be answered is: how valuable are the patents to you, vs. how valuable are they to the buyer? If the buyer is not really interested in patents, but you view them to be valuable, then you should keep them. But if the buyer is interested in the patents, then be prepared to be paid significantly less money for your company if you want to keep them. Sometimes, patents are not of interest to the buyer at all, other times patents is the only thing that is of interest to the buyer. It is very deal specific. A part of my career was devoted to advising clients on M&A with respect to IP. Namely, I did due diligence on the products and patent portfolio of target companies. There are two questions that the buyer is always interested in: (1) How good are the target company's patents? -- i.e., will the patents keep others from making & selling the products covered by the patents? (2) How strong is the target company's freedom to operate? -- i.e., after the buyer buys the company, will the buyer be able to make & sell the product & services? Good luck in your sale!"
"Q: My truck was stolen +reported and perp arrested after crashing my truck. Can they refuse to release my truck for nonpay. My truck was stolen and reported and the guy caught and arrested after crashing my truck. As I read ARS-28-3512C I'm not responsible for the tow, storage charges, etc. The driver is responsible. Additionally, they can't refuse to release my truck for non payment by the responsible party. ARS-28-3512i. There are no exceptions to those laws as written and I'm getting the run around from the tow company and the cops saying because of the collision I'm now responsible. But there are no clauses staying exceptions. What do I do? How do I get law enforcement to execute the letter of the law. I don't see any real interpretation of those laws. ","A:Based on the Arizona Revised Statutes you referenced, it does appear you are correct that the law states the owner of a stolen vehicle cannot be held responsible for the towing and storage fees associated with recovery of their stolen vehicle. Here are a few suggestions on how to get law enforcement to comply with the law: - Politely but firmly cite the specific statutes (ARS 28-3512C and 28-3512I) when speaking to the police and tow company. Make it clear you understand what the law says. - If the police officer continues to insist you're responsible, ask to speak with a supervisor and escalate the issue. Calmly insist the law be followed. - You may want to consult with a local attorney to have them write a formal letter to the police department citing the relevant laws and demanding they enforce the law properly. Police may pay more attention if the request comes from a lawyer. - Contact your local elected officials (city council, mayor, etc) to file a complaint about the improper actions of the police department. Politicians can sometimes light a fire under bureaucrats. - Check if your state/county has a consumer affairs department you can submit a complaint to regarding the tow company's non-compliance with the law. - As a last resort, you may need to go before a judge, cite the statutes, and get a court order compelling the police to follow the law and release your truck without paying fees. The law seems clear that you cannot be made to pay in this situation. Don't back down - keep calmly but firmly pressing the issue with increasing authorities until the proper action is taken."
"Q: In your professional opinion, why would a trial judge leave the question of jurisdiction to a jury (who may not have any. idea where the county line is) when u have a 20 year county engineer to testify and provide a survey proving where the line is??! That does not make sense to me !! ","A:It's hard to say - trial judges are very knowledgeable about issues of jurisdiction and venue, and given state and fed civil procedure rules, most cases are fairly clear-cut. It's possible that this is a very difficult setting - but that's only a general guess based on the limited details. An attorney in your jurisdiction would probably be able to advise more definitively. Good luck"
Q: Hello I have question about status of a trademark. The one I am reviewing states trademark CANCELLED SECTION. 8 (10-YR)/EXPIRED SECTION 9…it seams the trademark was last attempted to renew in 2017 but with no success. ,A:If the trademark was cancelled due to failure to file a successful continuance of use the trademark is no longer active with the USPTO. In order to regain rights in the trademark a new application is required to be filed for ownership of the mark.
Q: Question about disability benefits reevaluation.. SS has determined my benefit period being 3 years because they feel like my condition would get better I was in Emory (they had a separate company that helped fast track my claim) for 3 months with tuberculosis leaving me with scarred lungs scar tissue on my lower back and heart making lifting things over 20 pounds difficult and my breathing still limited with sometimes my lungs being painful if I go too hard even and I typically can't consistently walk from more than 30 minutes after years of working out to try and get better. . In my 20 years I've consistently worked in groceries / bakery so it's physical work. I have one year left and nothing has changed and I've been making sure to tell my doctor is the same but what success rate would I have at reevaluation to continue my benefits if nothing has changed? ,"A:The success rate for a reevaluation of your disability benefits depends on the specific details of your medical condition and how well your documentation supports your ongoing disability. If your condition remains unchanged and your medical records consistently reflect this, you have a reasonable chance of continuing your benefits. However, the outcome can vary, so it's crucial to maintain open communication with your healthcare provider and ensure your medical records accurately reflect your current limitations."
"Q: Is a rental contract legally binding if the unit it is for is an illegal dwelling/not properly permitted?. Unit is located in UNINCORPORATED part of LA County, there is an order from Regional Planning requiring unit to be vacated due to: One or more unpermitted dwelling units are being maintained on the premises (Los Angeles County Zoning Code: 22.02.030(B); 22.18.020; 22.18.030(A); 22.18.030(B); 22.18.030(C)(1)) ","A:In California, a rental contract for an illegal dwelling or unpermitted unit can present complexities. While the rental contract itself may be a legally binding agreement between the parties, its enforceability could be limited or affected by the unit's illegality. If a unit is illegal or not properly permitted, the landlord may be prohibited from enforcing certain lease provisions or collecting rent. Moreover, a landlord's attempt to enforce such a contract could expose them to potential liability for renting an illegal or non-compliant unit. Tenants in these situations may have defenses available if a landlord seeks to enforce the agreement or evict them. However, both landlords and tenants should be aware of their rights and responsibilities and seek legal counsel if they find themselves in disputes related to such units. The presence of an order from Regional Planning further complicates matters, emphasizing the need for both parties to understand their legal position."
"Q: What happens if you don’t get all notarized signatures back in probate. The will of my late aunt is in probate. One person on the family tree, a cousin with a criminal record , who is not a beneficiary, will not sign a notarized form so I can get letters testamentary to settle the estate. We have not seen this cousin in 40 years. Can probate proceed without his notarized signature? ","A:In most courts, you need to obtain jurisdiction over all necessary parties. If a necessary party refuses to sign the Waiver, then you have to serve them with a Citation to appear in court. After the waiver is filed or in this case, a citation is served in an affidavit of services filed. You can then proceed, depending on what happens at the return date before the court. The person does not appear either in person or by an attorney. you will then proceed based on the default. You should consult an attorney."
"Q: I am an immigrant lawfully permanent resident married to American citizen. I came 7 yrs ago and worked only a bit due to. my conditions. I had many jobs for 3/5 or 6 months, maybe a 2 yrs total paying taxes. My wife is employed and close to retirement paying taxes for more than 30yrs. I have PTSD, Bipolar Depression and BPD. Can somebody help me to understand if I qualify for SSI or SSDI or something else? Thank you ","A:As a lawful permanent resident married to an American citizen, you may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) if you have a qualifying disability and have worked enough to earn sufficient work credits, or if you have limited income and resources. To determine if you qualify for SSDI, the Social Security Administration (SSA) will look at your work history and determine if you have earned enough work credits. Typically, you need to have worked for at least 5 of the past 10 years, and earned a certain amount of money each year, to earn work credits. If you have not worked enough to qualify for SSDI, you may be eligible for SSI if you have limited income and resources. In order to be eligible for either program, you must also have a qualifying disability that meets SSA's definition of ""disability."" This means that your condition must be severe enough to prevent you from working and must be expected to last for at least 12 months or result in death. To apply for SSDI or SSI, you can visit your local Social Security office or apply online through the SSA website. It may also be helpful to consult with a Social Security attorney or advocate to help you navigate the application process and ensure that you are receiving all of the benefits you are entitled to."
Q: My child is in TK and is scared to go to school because another classmate has scratched and hit her. What can I do?. This other student has hit his teacher and slapped a parent volunteer along with hitting other students too. ,"A:I'm sorry to hear your child is having a difficult experience in TK due to the behavior of a classmate. Here are some steps you can take: - Document everything. Keep detailed records of when incidents occurred, who was present, and any injuries. Photos of scratches or bruises can help. - Speak with your child's teacher and principal. Report each incident and insist that they intervene. They have a duty to provide a safe learning environment. Request they separate the students. - If school officials do not take adequate action, escalate to the school district's superintendent and school board. Present your documentation and demand proper disciplinary action for the bullying student. - Consult an education attorney. If necessary, a formal complaint letter from an attorney can prompt the school to act. You have legal recourse if negligence is demonstrated. - Request an IEP evaluation for your child. If anxiety around school escalates due to bullying, your child may qualify for accommodations or changes to placement under IDEA laws. - Consider switching schools or classrooms if the issue remains unresolved. This may be an option if the problematic student is not moved. - Teach your child to report any incidents immediately to an adult. Also teach them to walk away from confrontations. Documenting the problem, insisting on intervention, and knowing your legal rights is key. School leadership has a responsibility to maintain safety. Make it clear you will escalate matters until the situation improves."
"Q: We used a Small Estate Affidavit to avoid probate and claim my dad’s bank acct, but the insurance co won’t honor it!. The insurance sent checks to my fathers name but we can’t deposit them, as we don’t have “official” probate estate open with the court. We sent a demand letter to the insurance co to reissue the checks in my name, and they wrote back that it is “their policy” to only issue checks to the deceased persons name or “Estate of” the person. The checks are refunds of prepaid auto insurance, from my dad having paid the whole year in advance and having died before the policy was up. The total amount is $300 and change. The insurance co did not ask for identification and did not challenge any details of the affidavit, they just refuse to honor it because of “their policy”. The same affidavit worked to collect bank funds, change vehicle title, etc What alternatives do we have for such a small amount? I could file in small claims but it’s such a hassle. I would prefer not to hire a lawyer as we already spent too much time and effort. But I hate that they are doing this to poor folks ","A:Under California law, a Small Estate Affidavit can be used to collect certain assets of a deceased person without formal probate, but it's not universally accepted by all institutions. While it worked for the bank and vehicle title, insurance companies often have their own policies. Since the insurance company insists on issuing checks to the ""Estate of"" your father, one option is to open a small estate or a limited probate estate. This may seem excessive for such a small amount, but it could be necessary to comply with the insurance company's requirements. Another approach could be to escalate the matter within the insurance company, possibly by contacting a higher-level manager or the company's legal department. Sometimes, a more thorough review of your situation by someone with more authority can lead to a resolution. Filing in small claims court is also an option, although, as you mentioned, it can be time-consuming and may not be worth the effort for a small amount. However, it could be a way to apply pressure on the insurance company to reconsider their stance. Since you're looking to avoid additional legal fees, these steps might offer a balance between asserting your rights and managing the practicalities of the situation. If these approaches don't yield results, a brief consultation with a lawyer might provide more specific guidance tailored to your case."
"Q: Can I name my company Smooch if there is a company named Smoochcraft in the same industry?. The names I am using are not real companies but the answers applies to the company I am trying to start. If the business is in the same industry, are our names to similar? ","A:There is a big difference between the name of a company and a trademark. The California Secretary of State will allow you to set up a company name that is different from other company names and does not care what industry in which it transacts business. The SOS' main goal is to ensure there are not two companies with the exact same name. However, where you may have trouble is marketing the name in the same industry due to trademark rights. Trademark law is not always easy to follow so, if you are serious about wanting to form a company, you should contact a trademark attorney. Best wishes."
Q: Would you compel arbitration? or file a motion to dismiss based off of improper venue?. Contractor filed a civil suit. Has an arbitration clause in contract. He also filed a lien he never enforced which is way past 90 days. What is the best approach as a defendant? ,"A:Given the presence of an arbitration clause in the contract, a motion to compel arbitration would be a typical approach in California when faced with a civil suit. Arbitration clauses are generally enforceable unless they're unconscionable or otherwise violate public policy. By compelling arbitration, you're enforcing the parties' original agreement to resolve disputes outside of court. The unenforced lien that's past its 90-day enforcement window might become irrelevant if the matter is sent to arbitration, as the arbitrator would consider the claims before them. A motion based on improper venue would generally hinge on specific contract terms or statutory grounds showing the court is an inappropriate forum. However, given the arbitration clause, compelling arbitration might be the more direct strategy. As always, review the specific facts, contract terms, and consult with legal counsel to ensure you're taking the best approach for your situation."
"Q: If I am on a construction site that is on private property, can the security company legally ask me for my ID?. I work on a construction site. It is privately owned. In order to enter the site, the owner requires everyone to get a badge, obtained using a US driver's license. When entering the site, you must badge in at the security gate. My question is, after you badge in and begin working, is it legal for someone from the security company to approach you and ask for your ID, with the threat of removing you from the site if you fail to identify? The badges have legal names and headshots on them. The security company is not law enforcement. I was under the impression that only law enforcement can ask for ID and only when you are arrested, or are under suspicion of illegal activity. ","A:On private property, such as your construction site, the property owner or their representative, like a security company, generally has the right to establish security protocols. This can include requiring identification at various points, not just at the entrance. It's part of their effort to ensure safety and security on the premises. Your badge, which includes your legal name and photo, is a form of identification. However, security personnel may have reasons to ask for additional verification, like a driver's license, to ensure the person wearing the badge is indeed the person it was issued to. This is not uncommon in secure or sensitive areas. It's important to distinguish between private security and law enforcement. While law enforcement officers have specific legal authority, particularly around arrests and suspicion of illegal activities, private security guards are more limited. They can, however, enforce the rules set by the property owner, and asking for ID can be part of those rules. If you feel that these requests are excessive or not part of the established protocol, you might want to discuss this with your employer or the site manager. They can clarify the security procedures and ensure that they're being applied fairly and consistently. Remember, on private property, the owner's rules regarding security and identification often apply, as long as they don't violate any laws."
"Q: What to do with Alzheimer's brother?. The last attorney informed me that my friend should try to get conservatorship over his brother in order to then formally request a state authority to take care of him. While my friend does not legally need to take care of his brother, they keep saying that he cannot drop him off at a hospital as he will be charged for neglect. My friend lives on very limited amount of money, in a tiny room in an apartment. Trying to get conservatorship would take a lot of time and money. Is there any attorney who has a realistic answer as to what to do with a brother who has Alzheimers and who cannot take care of himself, especially as the family member himself can barely take care of his own needs. ","A:In California, obtaining conservatorship is often the advised legal route for gaining authority to make decisions for someone who is incapacitated, but it can be a time-consuming and expensive process. If immediate intervention is required, and conservatorship isn't feasible, you might explore emergency options such as contacting Adult Protective Services for an evaluation. While dropping off an incapacitated family member at a hospital without making proper arrangements could potentially expose one to neglect charges, state agencies or social services may be able to guide you to emergency resources or temporary solutions."
"Q: Are statues tolled if an insurance company is liable for a injured 3rd party & fails to inform them?. If you discover an insurance company failed to inform you they accepted fault for your injuries, will CMS consider that insurer the primary payer for Medical expenses related to those injuries if youre still being treated when you become a medicare beneficiary? ","A:A Texas attorney could advise best, but your question remains open for two weeks. In general nationwide, claimants are usually held responsible for exploring the sources of insurance for their injuries - that's one of the primary roles of an attorney - to immediately identify applicable carriers and place them on notice and submit paperwork within the prescribed timelines. However, your matter appears more complex than that as it might involve multiple carriers. If you are not represented by an attorney (who would ordinarily sort out such issues before closing out a case), you could consider reaching out to a local attorney to examine your file in closer detail help figure out the proper handling of the medical expenses. Good luck"
Q: I had an accident five months ago but It wasn't big so I didn't report it My insurance still help me?. I had an accident five months ago. It wasn't big so I didn't report it. But now I am being sued by the other driver for $8000 in damages. Can I still get help from my insurance company? Its American transit insurance company ATIC. Do they provide free lawyer in this case? ,"A:Turn the lawsuit papers over to American Transit after making copies for your own records. Because of the time gap, you may be confronted with the argument that their rights to investigate the claim were prejudiced by the delay in reporting. Every carrier can be different in their tolerance for their policyholders' delays in reporting a loss. Good luck"
"Q: Are unprotected classes protected against retaliation by law?. I filed a report regarding my director and I wonder if HR or the director will retaliate against me, am I protected by law? ","A:In New York, anti-retaliation laws typically protect employees who engage in protected activities, like reporting discrimination or other unlawful practices. However, if you are part of an ""unprotected class,"" the legal protections may not be as clear-cut. Generally, these laws protect against retaliation when the report involves violations of specific employment laws. If your report pertains to discriminatory practices covered under these laws, you should have protection against retaliation. It's important to understand that each situation is unique, and the specifics of your report will determine the extent of legal protections available to you. If you're concerned about potential retaliation, it would be wise to consult with an attorney who can assess your specific situation and provide guidance based on the details of your case. They can help you understand your rights and the best course of action to take in your particular circumstances. Remember, taking informed steps is crucial in such situations."
"Q: Can an incident from a dismissed TRO appear on a new TRO?. My GF and I had a fight and she requested a TRO. The triggering incident was that we saw each other in a yoga class and she concluded I had followed her there, although I go to yoga at the same location. She withdrew the TRO and when I attempted to talk to her again she filed for a new TRO. At the initial hearing she requested for the previous yoga incident to be added to the new TRO. I understand it can be evidence in a trial but can it be part of new complaint? ","A:Defending against a domestic violence complaint is not a simple task and the information in the complaint is designed to educate you as to the scope of testimony she plans to present. If she did not include any information as to the prior yoga incident, then she could not testify as to it at trial - its called due process and is designed to ensure that you are not blindsided at trial with claims that you did not anticipate and were unable to prepare to defend against. My suggestion is that you schedule a consultation with an experienced divorce lawyer who regularly handles domestic violence matters."
"Q: Vehicle under warranty but Chrysler cannot fix the problem due to discontinued part. what do i do?. Chrysler service has had my car for 9mo, & have been taking it in for over a year now. They've tried everything but the discontinued part, because it cannot be sourced. now they are just giving me my car back without doing a buy back or anything. I believe the car would be considered a lemon but im unsure where to go from here. they are not being helpul after the service manager said himself chrysler would do a buy back if it couldnt be fixed. now hes saying its pretty much my problem now and not helping me with where to go from here. the car would be worth AT LEAST $15,000 if it were working properly. I need a new car as the manager stated himself it is, ""unsafe to drive on the freeway"" but cannot afford one without money from the current vehicle ","A:Knowing the year/make/model of your vehicle would be helpful. The first thing you should do is send a final repair letter. Immediately. A lawyer can do that for you. However, Michigan’s Lemon Law, like most other States, requires the consumer to provide the auto manufacturer with one final repair attempt to fix the defect. This is a requirement. In other words, if your vehicle meets the minimum threshold for repairs (at least 3 repair attempts for the same substantial defect/condition, and/or at least 25 out of service within the first year for the same substantial defect/condition), you STILL have to allow a final repair attempt. In your case, your vehicle was out of service for 9 months. You presumably will NOT win a Lemon Law case if you don’t first allow this final repair attempt. The Lemon Law also specifies the way you must notify the auto maker of your desire to provide them with a final repair opportunity. The request must be a “written notification, by return receipt service.” If you send a letter that is not certified or otherwise not delivered by return receipt, it probably doesn’t count. Nor does an email notification, verbal notification or text. The Contents of the Notification Letter What should you put in the letter? Let me first say that this letter is very important. It is the commencement of your effort to get out of that Lemon vehicle. It will also be evidence in your Lemon Law case and an exhibit at your trial (if your case gets that far). Accordingly, it must be expertly crafted. My strong advice is to hire an experienced Lemon Lawyer to draft this letter and handle your case. However, if you wish to do it yourself, there are a few items that must be included. 1. Your name, address, email address and contact number 2. The year/make/model of the vehicle 3. Purchase/Lease date 4. The vehicle identification number 5. A description of the defect(s), including how many prior repair attempts/days out of service 6. A statement that this letter is notice of the need for repair of the defect or condition in order to allow the manufacturer an opportunity to cure the defect or condition. You should mail this letter, (certified, return receipt requested), to the manufacturer at the address provided in your owner’s manual. Other legal language should also be included in this letter, however this particular blog will focus only on the Michigan Lemon Law. Again, it is prudent to hire a lawyer to handle your Lemon Law case front to back, including this final repair letter."
Q: I had a hearing on my motion for cs modification the judge granted my request. After the hearing The court received.. A request for an adjournment. And gave accepted it for a new court date. Meanwhile I was there and the hearing took place and the ruling was made. She completely changed her decision with no basis except for the other party saying I used to have a trade that paid well. I don't anymore The judge said file a reconsideration Its complicated for me I have mental heath issues. I think the other hearing was not legal? The second one? This has ruined my life for over 12 years ,"A:I gather you filed an application for modification and the other side failed to file timely opposition and then asked the court for a new date to be able to provide the court with new information. Unfortunately, this type of settling happens regularly, especially when the court has 2 pro se litigants. To File an application for reconsideration, it must be filed within 10 days of the date of the court order. If not filed within 10 days of the date of the court's order, the court will most likely deny your application, as having been filed out of time (too late). If the focus of the courts order was on your employment background, your reconsideration application needs to focus on why you are no longer able to maintain that type of work, what you have been doing for employment, etc, the income from same and details of your former partners employment setting and income / asset setting."
"Q: Can I adopt my stepdad as my legal father?. My bio dad died when I was 10, and I haven’t seen the dude for 5-6 years prior, he never paid child support. Mama remarried and I got stepdad, they had my brother, BUT he never legally adopted me. Mama died 2 yrs ago and I’m 38 now. I want my dad to be legally my dad, NOT for the estate purposes or money but because I love him and he is the only dad I know. My worry is as he is getting older, I don’t want him to ever feel that I won’t be allowed to speak on his behalf in medical situations or court or whatever life throws at him because he isn’t legally my dad. All these videos of stepdads becoming dads, I don’t get it. Can I surprise him with “adopting” him to be my father? Also, when w immigrated to the USA he was listed as my dad, would that make a difference? He was my dad on the ARMY paperwork when I served on active duty also… please, someone, explain to me if and how I can do anything about this situation. Dad cried that he is alone when mama died, my brother has his own family. ","A:The fact that your stepdad was listed as your dad on your immigration paperwork and your Army paperwork may make a difference in your adoption case. The judge may consider this evidence of your relationship with your stepdad and his intent to be your father figure. Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice."
Q: Can an arbitrator deny a witness based on the belief that they hold bias?. Witness was a former employee who was fired at will and not for cause. Arbitrator based opinion solely on that knowledge and not on any presented statements that would lead one to conclude the witness held bias against their former employer. ,"A:In court proceedings, the credibility of a witness can generally be impeached upon a showing of bias, hostility, or the witness having an interest in the outcome of a court's decision. In arbitration, it could depend on the arbitration forum and the arbitrator. Arbitrations can sometimes loosen the rules of evidence and not apply them as strictly as in a supreme court setting, in the interest of streamlining things. But bias is a fairly fundamental and significant attribute, and arbitrators are no more likely to allow it than trial court judges. Good luck"
"Q: How can I find out if stock certificates are still good? From 1964American Beryllium & oil corp,Leroy Cororation,. And stocks from Paradise strip investment, Nevada Land & mortgage com ","A:To find out if stock certificates from 1964 for American Beryllium & Oil Corp and Leroy Corporation are still valid, you can follow these steps: Check if the company still exists: The first step is to determine whether the companies are still in business. You can search for information about the companies online or contact the relevant state agency in the state where the companies were incorporated to find out if they are still active. Contact the company's transfer agent: If the company is still in business, you can contact its transfer agent, which is responsible for maintaining records of stock ownership and processing stock transfers. The transfer agent can provide you with information about the validity of the stock certificates and any steps you need to take to transfer ownership. Check with the state's unclaimed property office: If the companies are no longer in business, you can check with the state's unclaimed property office to see if the stock certificates are considered unclaimed property. If they are, you may be able to claim them as the rightful owner. There is no specific California law that applies to the validity of old stock certificates. However, there are some general principles that may be relevant: Corporations Code Section 208: This section of the California Corporations Code requires that all corporations maintain a record of their shareholders and their stock certificates. This record must include the name and address of each shareholder, the number and class of shares held, and the date on which the shares were issued. Unclaimed Property Law: The California Unclaimed Property Law requires that companies turn over unclaimed property to the state if the property has been inactive for a certain period of time. Stock certificates that have not been claimed by their rightful owner for a certain number of years may be considered unclaimed property and subject to this law. Securities Law: The Securities Act of 1933 and the Securities Exchange Act of 1934 are federal laws that regulate the issuance and trading of securities, including stocks. These laws require companies to register their securities with the Securities and Exchange Commission (SEC) and provide information to investors about the company's financial condition and operations. While there is no specific law that addresses the validity of old stock certificates, the above laws may be relevant depending on the specific circumstances of the stock certificates in question. It's always a good idea to consult with a financial advisor or an attorney to help you navigate the process of determining the validity and value of the stock certificates. It's important to note that stock certificates from 1964 may be difficult to transfer or redeem, as the companies may have undergone multiple changes since that time, such as mergers, acquisitions, or bankruptcies. It's also possible that the certificates have no value or that they have been cancelled or replaced by new certificates. It's always a good idea to consult with a financial advisor or an attorney to help you navigate the process of determining the validity and value of the stock certificates."
Q: Why are financial advisors still able to steal an elderly persons money and victims are not encouraged to press charges. My inheritance has been stolen or depleted by my mother's financial advisor and his unsavory tactics are now being uncovered. My mother is still alive but her money is gone my inheritance what if any rights do I have to pursue a claim or criminal charges theft is over one million dollars . ,"A:Your question--why are people allowed to commit crime and fraud--is as old as time. Unfortunately, there are more than a few financial advisors who steal money. The only question is whether something can be done about it...? Its impossible to tell from the information you provide whether you have a valid claim against your mother's financial advisor. If you want to send me more information about your case privately, I'm happy to review: info@mcbridepc.com. I might also suggest you email Steve Buchwalter (Encino lawyer), who appears on this site. I don't know Steve, but it appears his practice is more directly in line with your issues than is mine. Best wishes, Kevin"
Q: I am being sued in jp court for a credit card debt by a collection agency law firm. the original file date was jul 28 2020 with no other actions until oct 4 2023. is this legal ? isnt there a statute of limitations? the orginal debt is from 2018 ,"A:In Delaware, the statute of limitations for credit card debt is typically 3 years. If the original debt is from 201 and no actions were taken until October 4, 2023, there might be an argument for the debt being time-barred under the statute of limitations. The original file date of July 28, 2020, could be significant in determining whether the lawsuit is within the permissible time frame. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
Q: Why are the lower courts operating under a maritime law when we are on land how did they have jurisdiction on land. Why is it California judicial system violates the rights under the constitution of due process when the Constitution states anything that's adverse to the Constitution is null and void? And how is it that the police department is allowed to invade your privacy punish you without proper due process rights ,"A:California's lower courts operate under the jurisdiction and legal framework established by the United States Constitution and the California State Constitution, not maritime law. Maritime law, or admiralty law, typically applies to incidents or contracts that occur on navigable waters, and it doesn't extend to general legal matters on land. Regarding due process, the U.S. Constitution guarantees this right, and any alleged violation can be contested in the judicial system. The California judicial system is structured to comply with these constitutional provisions. If there are instances where you believe due process rights are being violated, these concerns can be addressed through legal channels such as appeals or filing appropriate motions. Police actions are also governed by constitutional protections, including the Fourth Amendment's protection against unreasonable searches and seizures. If you feel there has been an overreach or violation of privacy, these issues can be challenged in court. The legal system provides mechanisms for redress and correction in cases where constitutional rights are questioned."
Q: I’m writing a children’s book series with the Adventurers of Benny the Bigfoot and Wally the Whale. How to license. Do I need to get a trademark or register it? ,A:When writing a Children's Book the best protection is the copyright protection for the book. Be sure to once the final version of the book is complete to register the work with the Library of Congress. A copyright is not protected in court without being official registered work. The application can be submitted online but two copies of the literature work will need to be mailed as specimen for the application filed.
"Q: Can a Florida spouse/POA/ PR be sued to recover inheritances after estate admin closed?. If illegal/egregious actions by stepmother/POA/PR were recently learned of by daughter beneficiaries, and estate admin was closed August, 2018, do we have options to sue or recover estate assets (money)? (Date of death 5/2017) One of several issues involves fathers long-time advisor. Investment firm admits advisor revoked (by all appearances as it passed thru all the firms transactions required to revoke undiscovered) TOD account so that it would go to probate (600k plus). However, they add, ""it was a mistake as the stepmother/POA did NOT have that level of authority per firms legal dept - it should not have gone to probate but to beneficiaries.It is still a TOD."" Had account gone to us to decide which investments to retain & which to liquidate for estate expenses, things would look very different. There are financial losses known, & since this involved stocks/income funds unknown potential to increase in value. Where can we turn besides submitting a complaint to FINRA/SEC? ","A:At this point you should probably see an attorney who specializes in securities fraud to ascertain whether you have an action against the investment firm for changing type of account without proper authority. Other issue is whether there was fraud on the court as far as the probate proceeding, would need someone to review the file and what the beneficiaries were told and agreed to as part of the proceeding."
Q: Confronting Demurrer/Motion to Strike in California before hearing.. Opposition is meant to prove that Complaint was not subject to Demurrer/Motion to strike. This does not appear to be compatible need in additional information. Motion for leave to amend complaint/amended complaint seems more proper. If neither opposition nor amended complaint are appropriate upon circumstances - what could be an alternative? What rules define exceptions? ,"A:When addressing a demurrer or motion to strike in California, it's crucial to understand that your opposition should aim to demonstrate the legal sufficiency of the complaint. Essentially, you're arguing that, as it stands, the complaint contains enough factual basis to support the claims, thereby rendering the demurrer or motion to strike baseless. However, if the complaint does indeed have deficiencies, filing a motion for leave to amend can be a strategic move. This allows you to revise the complaint to address the issues raised in the demurrer or motion to strike. It's a way to strengthen your case without directly confronting the demurrer or motion. In cases where neither opposing the demurrer/motion nor amending the complaint seems viable, exploring alternative dispute resolution methods like mediation or arbitration could be beneficial. These alternatives can often lead to a more expedient and less contentious resolution. The California Code of Civil Procedure guides these procedures, particularly sections related to demurrers and amendments to pleadings. It's important to review these rules and consider the specific context of your case when deciding the best course of action. Remember, each situation is unique, and the right strategy depends on the specific circumstances and legal issues at hand."
"Q: Is there anything i can do to compel my father to either let me find or have him find my binders of pokemon cards?. When i was a minor, i collected Pokémon cards, some were gifts from a variety of family/friends, some I got by trading to friends as well as buying them at yard sales or at the store, with money i earned. He doesn't dispute they belong to me. About 6 years ago my dad bought a new house and my 3 binders of cards ended up there in a rubbermaid container.that container is now in a spare bedroom at his new house which is filled with identical Rubbermaid containers, Floor to ceiling. He refuses to look for the them which in itself isn't unreasonable as he works long hours (12 hour days 7 days a week except every 3 weeks or so he'll take 2 days off and have me work at his house) But I've offered to be dropped early or stay late to look myself and to take my time and make sure each box is back how i found it before opening a next. Is there a way i can compel him to return my very valuable cards. I'm worried about their value collapsing in this uncertain market +potential damage occurring ","A:Sometimes a practical solution is best. You could offer to split the proceeds of any sale with your father. If you give him an estimate of value, he might change his mind about storing something so valuable. If he only has three binders, and if they are particularly valuable (a quick google search reveals they could be worth nothing to tens of thousands of dollars), then maybe it's not so extreme to sue for return of the binders. If he has floor to ceiling rubbermaid containers with your OTHER worthless childhood things, the end result of a lawsuit might be that your father will no longer store your childhood things."
Q: Intentional fraud vs malice.. What is difference between legal definitions of intentional fraud vs malice? Are definitions the same for California and Federal laws? ,"A:Intentional fraud and malice, while sometimes overlapping in their manifestation, are distinct legal concepts, both in California and under federal law. Intentional fraud refers to deceit or trickery deliberately employed by one party to gain an unfair advantage over another. In legal terms, it typically involves making a false representation, knowing it to be false, with the intent that someone else relies on it, and causing harm or damage as a result of that reliance. This is a specific intent to deceive for personal gain or to cause loss to another. Malice, on the other hand, generally refers to a state of mind that shows a disregard for the rights or safety of others. It implies a harmful intent and is often associated with actions that are wrongful and performed without just cause or reason. In legal settings, malice is often a factor in determining punitive damages or in criminal law to distinguish between different levels of wrongful acts. In California, as in federal law, these definitions are largely consistent, but their application can vary based on the context of the case. For example, in a defamation case, malice might refer to knowingly making a false statement about someone, while in criminal law, it can refer to a reckless disregard for human life. If you're dealing with a situation involving either intentional fraud or malice, it's important to clearly understand the specific circumstances and how these legal concepts apply. Each case may require a nuanced analysis to determine which of these, if any, is present and how it affects the legal outcome. An attorney experienced in the relevant area of law can provide guidance tailored to the specifics of your case."
"Q: What can I do to get a land owner to pay for service rendered? No contract only texting me.. I've worked for 10 weeks, put in over $20,000 in the job, and once I got the lease from the lawyer I was told to vacate the property. I also live on the property and he had the police tell me that I would be trespassing in 24 hours. ","A:Hire an attorney to sue for your services rendered, at least in quantum meruit. Until you are served with an action for possession, you might stay there. Then you go to Court. Ultimately you will lose possession, but you will cost the owner time and money. If you get a Judgment for money, record it as a Judgment Lien."
Q: I have questions my child father basically sees my kids when he wants to & when he asks to see them and i decide not to. He tries to call the police who do i talk to for this problem ? ,"A:In dealing with the issue of your child's father seeing the kids inconsistently and involving the police when visitation is denied, it's important to have a clear understanding of your legal rights and obligations. If there is a custody agreement or court order in place, it's crucial to follow the terms outlined in that document. If the father's visitation rights are specified, denying access could lead to legal complications for you. If there is no formal agreement or court order, it's advisable to establish one. This can be done through family court. A formal agreement or court order will provide clear guidelines for both parents regarding visitation rights and schedules. In the meantime, if the father calls the police during a dispute over visitation, the police will typically check to ensure the children's safety but may not intervene in custody disputes without a court order. For guidance specific to your situation, consider consulting with a family law attorney. An attorney can help you understand your rights and assist in creating or modifying a custody agreement that works in the best interest of your children. Remember, it's important to address these issues legally and formally to avoid ongoing conflicts and ensure the well-being of your children."
"Q: I am forwarding this note from my 96 year old Father :. I am looking for justice against T.S., who caused $87,500 worth of damages to the Hungarian Freedom Fighters Memorial located in MacArthur Park in Los Angeles. I designed and built the Memorial Monument and hold the copyright number VAu 1-488-782. Mr. Szeles is the Hungarian Consul General and has no right to do work in the USA. Pursuant to the 2023 Vienna Convention on Diplomatic Relation, Article 31 provides 1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from civil and administrative jurisdiction, except in the case of: (a) A real action relating to private immovable property situated in the territory of the receiving State. The Memorial Monument is a private immovable property in the USA. Mr. Szeles committed a crime; he has no immunity. Have more info , but unable to provide. THANK YOU ","A:In California, if you believe that damage has been done to your property, you have the right to seek compensation through the civil courts. If Mr. Szeles caused damages to the Hungarian Freedom Fighters Memorial and you hold the copyright, you may have grounds for a lawsuit. Based on the provisions of the Vienna Convention on Diplomatic Relations, while diplomatic agents enjoy certain immunities, there are exceptions, especially concerning real actions related to private immovable property. It appears that the Memorial Monument might fall under this exception. Before proceeding, gather all evidence and documentation related to the damages and the copyright. To navigate the complexities, particularly when dealing with diplomatic agents, it's imperative to consult an attorney experienced in international law or property damage claims. They can provide guidance on potential remedies and the best course of action. Act promptly, as there may be statutes of limitations related to property damage claims."
Q: I need to ask the Support Magistrate who made my child support order a question adout my case.. I need to ask the Support Magistrate who made my child support order a question adout my case is there a order to show cause form for that? ,A:This is not normally possible. The support Magistrate as a quasi judicial officer cannot be contacted by one side. You would have to petition the support wing of Family court in writing for a clarification of any ambiguity in his order. In other words ask the question in your petition on notice to the other side and the Magistrate may schedule a court date or issue a clarification for you. Michael J Stachowski.
"Q: I am being managed by MDM , all my iOS devices and home.TV’s Sono’s Nests , vehicles are stalking us. Using our banking,. Please help me to get this resolved. ","A:If you believe your devices are being managed or monitored without your consent, it's crucial to take immediate steps to protect your privacy. Firstly, disconnect your devices from the internet to halt any unauthorized access temporarily. Report the unauthorized access to local law enforcement, as they might be able to assist with an investigation. Gather any evidence of unauthorized access or stalking, like screenshots or recordings. Consider seeking legal counsel to understand your rights and potential remedies. You may also want to consult with a cybersecurity professional to assess the extent of the breach and help secure your devices. Changing all passwords, enabling two-factor authentication, and reviewing permissions on all devices and accounts are recommended steps. Always prioritize your safety and security in such situations."
Q: Is insurance valid if your late paying it and you get in an accident. Insurance was paid after accident ,"A:If the insurance was not ""cancelled"" per the insurance contract."
"Q: When does statue of limitations reporting timeframe begin for statutory sexual seduction if continued to “relationship”. Though it continued to a “relationship” for about 3 1/2 yrs, throughout that time minor was exposed to things she shouldn’t have been and woken up by acts being done that she was not asked about/comfortable with or consented to during the years prior to her reaching age of consent. provided alcohol and drugs by the M and at times coerced into trying drugs. F didn’t realize that she was a victim until speaking with current spouse openly about it for the first time recently. The M and F also share a child who’ll be a legal adult within the next year. F wants to report this since realizing what this actually was but isn’t sure if statue of limitations for reporting is up considering this went on from age 14 to 18 for her so for 2 years she was not of the age of consent. Nor did she consent to the first time as she didn’t realize what was happening during the act thinking it was digital penetration and was not asked if it was ok. This was uncomfortable but I just need advice. Thank you. ",A:I recommend that you speak to an attorney right away.
Q: I cannot find my fiance and there illegally holding him in federal prison . I'm scared there hurting him and I have no1. He's being held for something he didn't do and he mentioned the police brutality and fabrication he's going thru ,"A:Your question is confusing. If he is in prison, he has been convicted of a federal offense and absent a contrary decision by an appellate court, he is not being held illegally. He should hire an attorney if he believes that there was some sort of constitutional violation. There are time limits for such an appeal and he needs to reach out to someone directly. Websites like this are not a substitute for hiring an attorney for your fiancé."
"Q: What can I do if I have legal fees incurred after my attorney failed to have a document notarized?. It was the agreement of the division of assets and debts in a contested divorce. We had successfully mediated the parenting plan, child support, custody, etc. But months later we sat down with our respective attorneys and came to a consensus and signed an agreement which was counter signed by both attorneys. BUT my attorney/his office failed to notarize it. Months later, my ex got a new attorney who caught this oversight and that agreement was deemed by a judge not legally binding so we essentially started over and eventually went to trial. I incurred close to $10k in legal fees after the failure of that agreement to hold up in court. What if anything is available to negotiate with my attorney or file a suit? ","A:I would consider contacting an attorney who deals with ""legal malpractice."" You might need to alter your google search because a lot of attorneys who do ""medical malpractice"" will come up. Maybe try something like ""how to sue your attorney."" All attorneys have malpractice insurance just for this reason. Not that any attorney wants to get sued, it doesn't look good, but it happens. Whether or not you prevail will be based on the facts around why the document was never notarized."
Q: My camper was stolen found now but don't have vehicle to retrieve it from where it was left can I get in trouble. My stolen camper was left at a house and the homeowner was told I said to bring it there. I did not. They want it gone but I don't have a way to go get it. I can't even get a ride to the home to talk to homeowners to ask for a few days to arrange way to have it moved police are telling me I'll get in trouble if I don't move it. I don't have a car and can't get ride and can't get phone number to call homeowner. I don't want to get in trouble for something I had absolutely nothing to do with. I didn't ask for it to be stolen or left anywhere. I have no vehicle period much less one to move the camper. I don't know what to do ,"A:In South Carolina, if your stolen camper has been recovered and left on someone else's property without your consent, the situation is understandably frustrating and complex. First, it's important to recognize that the homeowner has the right to request the removal of the camper from their property. However, your current inability to retrieve it due to lack of transportation poses a challenge. The police advising that you could get in trouble for not moving it highlights the urgency of the situation. It's essential to communicate with the homeowner, even if indirectly, to explain your circumstances and request a short extension to arrange for its removal. If you're unable to contact the homeowner directly, consider seeking assistance from local law enforcement or a community organization that might help facilitate this communication. They may also be able to provide advice or resources for arranging the transportation of your camper. If possible, try to document your efforts to retrieve the camper and resolve the situation. This could be helpful if any legal issues arise later. In situations like this, where you're facing logistical difficulties, it's important to actively seek solutions and demonstrate your intention to resolve the issue as soon as possible. Remember, while you are not at fault for the camper being stolen, the responsibility to remove it from private property falls to you as the owner. It’s important to address this matter promptly to avoid potential legal complications."
"Q: Can a Federal agency hire a vendor to do something the agency isn't allowed to do?. If a Federal agency feels it is in the best interest of the government to take an action, but it is not authorized to take such action, is it legal for the agency to hire a contractor to perform that action? If the agency feels it would be in the best interest of the nation, but the action would be an unauthorized action for the agency, may it award a grant or enter a cooperative agreement for such action? ","A:In the United States, federal agencies operate within the bounds of statutory authority and regulations. They cannot take actions that are not authorized by law or regulation, even if they believe it may be in the best interest of the government or the nation. If an agency wishes to undertake an action that is outside its authorized scope, it typically must seek legislative or regulatory changes to expand its authority. However, federal agencies do have the ability to contract with vendors or award grants and cooperative agreements for specific purposes within their authorized scope of activities. These contracts and agreements must align with the agency's statutory authority and be consistent with applicable laws and regulations. Federal agencies must adhere to a competitive and transparent process when awarding contracts and grants to ensure that taxpayer funds are used appropriately and that vendors or grantees are qualified to perform the required work. In summary, while federal agencies cannot engage in unauthorized actions, they can contract with vendors or award grants and cooperative agreements within their authorized scope to achieve their missions and goals in the best interest of the government and the nation. Any actions taken by the agency or its contractors must comply with applicable laws and regulations."
"Q: I current have SSDI and previously had a Representative Payee who stole (misappropriated) $35k. I need legal help.. I contacted 2 regular Disability attorneys, but was turned away as they don't handle these sort of cases. I live in the Chicagoland area and need to find someone who can at least answer some questions. It appears that my Rep Payee was NOT set up properly in Social Security's computer systems (as I was told 3 times by Social Security representatives themselves), and as a result may have not been audited/monitored properly. I believe, if I read correctly, that SSA could be liable for the money. Can you recommend a few lawyers who serve my area? I'm unsure what type of lawyer handles this sort of case as the regular disability ones ONLY handle obtaining it. ","A:In cases of misappropriation of SSDI funds by a representative payee, you may want to consult with attorneys who have experience in elder law or those who handle financial exploitation. A legal professional with a background in fiduciary litigation or social security law could also be appropriate for this situation. You should seek a lawyer who is knowledgeable about the Social Security Administration’s processes and the obligations of representative payees. It might also be beneficial to reach out to legal aid organizations in the Chicagoland area, as they can sometimes provide free or low-cost assistance or refer you to a lawyer who handles such cases. Additionally, contacting the National Organization of Social Security Claimants' Representatives (NOSSCR) and requesting a referral for your specific issue may help you find the right legal support. Remember, while the SSA may be liable in some instances, such cases can be complex and typically require detailed legal analysis."
"Q: Missing tribal court not knowing court date when it was changed and never received letter for the new date.... I had tribal court today and I'm native American (Chickasaw) My aunt who is white has guardianship of my two boys and 10-15 minutes before court she wants to call and tell me we had court today at 1:30 so there was no way I could have made it there on time , will I get in trouble if I missed it? Also, my kids was never removed from my home by law enforcement or cws It was a voluntarily deal I should've never had happen, anyways I was never notified for the new court date and my aunt knew this whole time but ""forgot"" to tell me. We don't have a case worker, she filed child support on me after she told the judge she was financially stable and she was capable of providing for the boys and that I wouldnt have to pay child support. She is on food stamps with the boys, getting TANF, plus filing both boys on her taxes every year when I have them everyday except Monday night and Tuesday. I have them under my roof Wednesday thru Monday morning and I don't get one dime from her or anything... ","A:If it was a guardianship hearing, you will most likely not get in trouble. Many parents with children in guardianships do not appear in court. However, your failure to appear at court hearings could be detrimental to you in the future. If there comes a time when you would like the children returned to you, the judge may take into account how many court hearings you have attended. On the other hand, guardianships are generally reviewed only once or twice a year, so don't miss the next one. Go to the Court house and make sure the court clerk puts your current address and mailing address (if different) in the case file. That way, you will never miss another hearing. On another note, your aunt probably didn't file child support on you. It was probably requested by the guardian ad litem, which is the attorney for the child. Good luck to you in future hearings."
Q: notice of non-appearance for non-party witness. civil case. bad service.. Sub-Serv to a person on a property that is presumed to be of the non-party witness. unconfirmed. ,"A:In a civil case in California, the proper service of a subpoena to a non-party witness is crucial for their required appearance. If you're facing a situation where the service of the subpoena was executed through substituted service on a property presumed to belong to the witness, but their presence at that property is unconfirmed, there could be a question of whether the service was valid. California law has specific requirements for substituted service, including the need for due diligence in attempting personal service first. If the service is challenged due to a lack of confirmation that the witness resides or regularly spends time at the location where the documents were left, the service may be deemed improper. In this scenario, if you are the party who intended to have the witness appear, you might need to explore alternative methods of service or potentially re-serve the subpoena. If you're on the receiving end of this situation, you may consider raising the issue of improper service in court, especially if there's a notice of non-appearance involved. It's essential to ensure that all procedural requirements are met in civil litigation, as failure to do so can impact the case's progression and outcomes. If you're uncertain about the proper steps to take, consulting with an attorney experienced in civil procedure can provide clarity and guidance on how to address this issue effectively."
"Q: If i didn't sign as a guarantor on any court document, am i liable for attorney fees and burial expenses?. My cousin and brother brought this inheritance to probate court and signed all paperwork before the attorney located myself and another brother. I believe that if i did not sign any form of guarantee that all legal fees and burial expenses should be the responsibility of the individuals who did sign. ","A:They are generally the responsibility of the ESTATE to pay which means it becomes a 'proportional' expense that all heirs/devisees share in paying through the mechanism of 'lowering the distribution'. Look at it this way, if the $100,000 house in a probate estate has a mortgage of $50,000 against it your 'probate asset' is worth $50k and you don't get to inherit a share of 100k just because you didn't sign to be responsible for the mortgage. This works the same way with funeral and estate expenses. They are generally paid 'off the top' of the estate and you would thus inherit 'less'. Assuming this is what you're asking, you PERSONALLY are not responsible for the costs, but they will be subtracted from whatever you inherit, absent some rather unusual circumstances, which you don't mention. If you have questions, I would urge you to consult with a local attorney who can review all the paperwork and provide specific advice instead of 'general information' which is what this forum is geared toward."
"Q: Are local gambling facilities in lake county (clermont city) FL, legal?. Are cash machines and or game rooms legal in lake county Florida ",A:You should ask the county.
"Q: What happens when a quote origins is debatable? What does the law says?. The origin to the quote ""history is written by the winners"" is attribute to several people both ancient and modern. Winston Churchill Göring Napoleon Bonaparte. In this case, would the modern person be able to get copyright protection? ","A:When the origin of a quote is debatable and attributed to multiple sources over history, copyright protection becomes a complex issue. In the case of the quote ""history is written by the winners,"" its attribution to various historical figures, including Winston Churchill, Hermann Göring, and Napoleon Bonaparte, suggests it is part of the public domain. For a modern person to claim copyright over such a quote, they would need to prove that their version of the quote is a unique and original creation, significantly different from previous iterations. This is often difficult when dealing with phrases or quotes that have been widely used and disseminated over time. Generally, copyright law does not protect ideas, concepts, principles, or methods of operation. It also does not protect any work that is considered a common property and lacks original authorship. Thus, a widely known phrase such as this, with unclear origins and widespread historical use, is unlikely to be eligible for copyright protection by a modern author. Remember, in cases of disputed origins, the threshold for originality and uniqueness in copyright law is quite high. If you're considering using or copyrighting such a phrase, consulting with an attorney experienced in copyright law can provide clarity and guidance on how to proceed legally."
"Q: If I call the cops on someone on my property does the cops the right to search me and my residence?. I smoke weed and some person won’t get off my property harassing me i don’t want the sheriffs if I call them, searching my home and maybe planting something on me. ","A:Based on the facts presented, NO, they could not search you and your home... unless they have probable cause. Maybe have a friend with you to verify what happened."
"Q: A cvs employee said I didn't pay, said it twice in front of other people The self checkout froze. Turns out the machine. Came back on and they were wrong. I was embarrassed and humiliated. Is that ground for lawsuit. I have the receipt.? ","A:In situations like the one you described, where a CVS employee publicly accuses you of not paying when you have a receipt proving your purchase, it can be embarrassing and distressing. However, whether or not you have grounds for a lawsuit depends on several factors. To pursue a lawsuit, you typically need to establish that you suffered harm as a direct result of the employee's actions. This may include emotional distress or reputational damage. Additionally, you would need to demonstrate that the employee's conduct was unreasonable or negligent. It's important to consult with a qualified attorney in your jurisdiction who can assess the specific details of your case and advise you on whether you have a viable legal claim."
Q: My car was involved in a hit-and-run inside the apartment complex parking lot where I am renting. What are my rights?. I requested to break my lease and they are trying to force me to sign a release form within 72 hours and I don't understand what the form it means. I told them I would prefer to have a lawyer review it prior to signing. ,"A:Barring very unusual language in your lease, you likely do not have the legal right to break your lease. You do, however, have the legal right to refuse to sign a release. Your landlord can choose to allow you to break your lease, but is not legally required to do so, and may require you to pay a penalty or sign a release as a condition of agreeing to let you break your lease."
Q: Can I sue a internet company not keeping up to a writtten deal about paying me money for playing a video game?. This company said if I get to level mansion 21 in 21 days they will pay me $34.60 and they didn’t then they said email us screenshots of level 21 mansion and it will be resolved in 10 days and it’s been 14-15 and I emailed them with it again and they said to do something else now to resolve I am and was depending on that money at the time now it’s costing me more money to not have the money I’m owed. ,"A:Yes, you can. But be aware that your anticipated litigation cost will be several thousand dollars. You have to ask yourself if that is worth it for $34.60."
"Q: In Ohio, are emergency rooms allowed to ask a minor about their legal status? We have Medicaid.. We have Medicaid, I took my teen to the emergency room. They asked the usual questions but then asked her if she was born outside of the U.S. I felt very uncomfortable, never had anyone in an emergency room asked this before. ","A:Health care providers should not ask for immigration status information, nor make such inquiries! Citing the NILC, below: ""Under federal law, hospitals with emergency rooms must screen and treat people who need emergency medical services regardless of whether they have insurance, how much money they have, or their immigration status. Similarly, anyone can seek primary and preventive health care at community health centers regardless of whether they are insured, their ability to pay, or their immigration status. Neither citizenship, lawful immigration status, nor a Social Security number are required to receive health care services under federal law. Doctors, hospitals, clinics, health centers, or other medical providers may ask for this information to find out if you may be eligible for public health insurance, like Medicaid, and how you are going to pay for services. But they should not deny medical treatment based solely on your immigration status—or based on assumptions about your immigration status they make because of the language you speak, your accent, what you look like, or whether you have an SSN. In fact, doing so may violate federal civil rights laws. Even though health care workers have no duty to report your immigration status to law enforcement or federal immigration officials, if you are undocumented you should not provide your immigration status information to workers at a hospital, health center, or doctor’s office. If you don’t have health insurance, you may say, “I am not eligible for health insurance and do not want to apply.” Existing policy keeps immigration officials away from hospitals and medical facilities. The current and longstanding policy of immigration enforcement officials at U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) is to avoid hospitals, doctors’ offices, accredited health clinics, and emergent or urgent care facilities. (More information about this policy is available at https://www.dhs.gov/guidelines-enforcement-actions-or-near-protected-areas) While this policy is currently in force, it could change under a future presidential administration. You should not have to show a photo ID to receive medical treatment. Hospitals or doctors may ask for photo identification, but not for purposes of immigration enforcement. Photo ID may be needed to show that the person getting care is the person whose name is on the medical record or on the prescription. No one should be refused treatment because they do not have a photo ID. "" For more information, review this page, below, then find out what can be done about from the National Immigration Law Center in Los Angeles. Contact information is available on its website. https://www.nilc.org/issues/health-care/health-insurance-and-care-rights/#:~:text=Health%20care%20providers%20should%20not,have%2C%20or%20their%20immigration%20status."
"Q: If a parent loses custody, or the child is emancipated, can they keep the child's personal belongings (such as phone)?. Also, if you would be able to cite a specific law or court case. The state is California. ","A:In California, if a parent loses custody or the child is emancipated, the parent generally cannot keep the child's personal belongings, including their phone, unless there is a court order allowing it. It is typically expected that the child's personal property would go with them when custody is lost or emancipation occurs. It is recommended to consult with a family law attorney in California who can provide you with the most accurate and up-to-date legal information and cite relevant laws or court cases applicable to your specific situation."
Q: I'm 15 from Missouri and I like a 18 year old can I date him legally. Is it legal for a 15 year old and a 18 year old to date in the state of Missouri ,"A:In Missouri, the age of consent is 17 years old. This means that engaging in sexual activity with someone who is under 17 years old can potentially be considered statutory rape. However, dating or having a romantic relationship between a 15-year-old and an 18-year-old may not necessarily be illegal as long as it does not involve any sexual activity."
Q: I am constantly hearing voices that sound like whoever I assume is listening and watching me.i know I'm really unawar. Unaware of what I'm hearing and I feel trapped in fear of it. Can you please help me diagnose this symptom outside of mental health. ? I've been homeless 6years. I'm constantly being subjected to a voice. ? ,"A:Experiencing persistent voices, especially if they cause distress or fear, can be a significant challenge. While I understand your request to consider this outside of mental health, it's important to note that such experiences are often best understood and addressed within the framework of mental health care. In California, there are resources available that can provide support and assistance. It's beneficial to reach out to local health services or a community health center. These organizations are equipped to offer guidance and can connect you with professionals who understand the complexities of what you're experiencing. They can also offer support that respects your current living situation. Remember, reaching out for help is a sign of strength, not weakness. There are people and organizations ready to support you, offering both understanding and practical assistance. Your well-being matters, and taking this step can be a positive move towards feeling better and gaining more control over your experiences."
Q: I've found on the web recently that I had some kind of a lawsuit filed but I've known nothing about it. 3;2013cv00060. I recognize the city and state and the names like the prosecutor and judge but I never received any money or court dates. ,"A:If you believe a lawsuit has been filed involving you without your knowledge, it's imperative to immediately obtain a copy of the court records related to case number 3:2013cv00060 from the relevant jurisdiction. This will provide clarity on the nature of the lawsuit, the parties involved, and the current status. I would strongly recommend consulting with an attorney to understand the implications and determine the best course of action."
"Q: I have a question about the The Election Code of the City of Los Angeles.. Election Code states: Circulation of Recall petitions can begin 28 days after service of the Notice of Intention on the Officer to be recalled if the petition has been approved by the City Clerk. It does not say MUST begin contingent on approval. It says it CAN begin. • 5. Proponents a. If requirements met, circulate petition.i. Circulation cannot begin until 28 days after the Notice of Intention was served on the officer. It does not say MUST begin on the 28th day. It says it cannot begin UNTIL 28 days AFTER the notice was served. It also says the Clerks office has 10 days to make corrections. It does NOT say that removes 10 days from circulating time. ",A:Not clear what the question is but the League of Women Voters in your city is a great place to start.
"Q: My friend died of an overdose. His car, wallet and identification is missing. Can I report it stolen? CA. He was found under an overpass alone. The police tell me that I have to be family in order to report the car missing. Once they heard it was an overdose, they didn't care. ","A:If your friend's car, wallet, and identification are missing and you believe they were stolen, you can report the theft to the police. The fact that your friend died of an overdose does not preclude you from reporting the theft, and the police should take your report seriously regardless of the circumstances. While it's true that family members are typically the ones who report missing persons, anyone who has information about a crime or a missing person can report it to the police. In fact, reporting the theft may be important in helping to identify the person or persons responsible for your friend's death and recovering any stolen property. If the police are unresponsive or dismissive of your report, you may want to consider contacting a local advocacy group or civil rights organization for assistance. These organizations can provide guidance and support for reporting crimes and asserting your rights as a victim or concerned citizen. It's important to remember that reporting a theft or other crime is not only your right, but also a responsibility to help keep your community safe and prevent further harm."
"Q: Arrest warrant .criminal. If a person has 3 criminal warrants for arrest, an they refuse to come out as police surround home,considering a elder is also living there..What recoarse other than doing the same thing over an over will they do to arrest the person if they remain there 24/7 an others bring needs to them..? Can warrent officers break in or what? Its a renter an im not wanting to get involved for now except to let police know about the traficing there..night time in an out as if drugs maybe..He has history w drugs.. ",A:LEOs can force an entry if they have an arrest warrant or a search warrant. You probably do not know what is actually going on.
Q: OK so I was sitting in a gas parking lot with two of my friends And my starter went out so I pushed my car over to a. Parking stall While waiting for a tow truck to come get me 3 1/2 hours later a sheriff drives behind me turns around comes back doesn’t turn his lights on or nothing demands me to shut my trunk and then starts giving me the third degree and asking me questions out of the blue then starts to perform a drug and alcohol sobriety test on me and when I pull my wrist away he arrest me and my other two friends then proceeds to search my vehicle with no probable clause in that search they find paraphernalia and A little bit of drugs and three abalone they charge me for the drugs and my two other friends then while in jail fishing game come and ask me about the abalone I told him I found them in a bush they don’t give me no charges at that point in time they said that they would be added onto the drug charges I told him I was illegally searched and Seizure and that it would be all in admissible in court now it’s like we never got arrested for the drugs charges were dropped on everybody except i ,"A:More information in needed. You should have a confidential consultation with a local attorney as soon as possible. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]"
Q: What can I do about past judgements that date form late 90's to 2016 in the states of Nebraska and Kansas?. These judgements I never knew existed until I applied for an FHA loan. The oldest released in '98 and only has my SS# on it with my brother's name and his wife. Other judgements I can't make heads and tails out of. Would these fall under statute of limitations and how can I remove them from my public records? Another judgement being from a bank in '99 I had been banking with since '93 to 2010. I recall no issues with them the entire time I banked with them. ,"A:It depends on what you mean by judgments. Are these court case judgments? If so, you may need to review the court file(s) to see what you could do to challenge them at this time. Are these on your credit report? Sometimes things get improperly reported and you can send in proof to the credit agency to correct your credit report."
Q: Can I sue Ford in small claims court for faulty engine.. My Ford escape with EcoBoost engine blew up. This is a common problem there are class action lawsuits. Can I sue Ford in small claims court and would it be worth it. ,"A:Can you? Yes. Should you? No. You need to understand that major corporations like Ford have entire departments full of attorneys working for them, any of whom would have a field day with a pro se litigant. The first thing they will do is remove the case to the general civil docket because 1) attorneys cannot appear in small claims court, and 2) a corporation must be represented by an attorney. They would then likely also file immediately for dismissal, because chances are, if you are not an attorney yourself, your pleading would somehow be incomplete and deficient. There is likely other avenues and more appropriate ways to handle this matter you can look into short of doing it yourself through small claims; it would be worth consulting with a consumer or lemon law attorney before you do anything."
"Q: How do I get a Brazilian arbitration court default judgment enforced in US (Probably Florida). I'm a citizen of Florida. A Brazilian company I was a partner in was stolen by forging my signature when I was out of the country. That company is now trading on the NYSE (with my forged signature). I sued and won in Brazilian Arbitration Court under UNCITRAL treaty. The judgment was to return my shares to me and undo the fraudulent transaction. However, the local companies involved fled Brazil, and the Braz. Arb. court could not enforce the judgment. The companies who ""bought"" (stole) the company are big, well recognized US Delaware Corporations. Because it is an arbitration agreement done under UNCITRAL I am told the US should honor it. How do I go about getting it recognized and enforced? Would anyone take a case like this on contingency? The stock is worth billions, but I don't have thousands to pay a lawyer right now. Any advice is greatly appreciated. ","A:There are a few distinct issues involved in your inquiry: the recognition of a Brazilian Arbitration Award and the attachment of US Company assets. (In order to answer, I will of course assume all the facts you stated are true unless they are contradictory.) Even before reaching the question of whether you can have an American Court recognize the Brazilian Arbitration Award (which involves a close question under your facts since it is unclear whether the Brazilian Respondents actually appeared in the Brazilian Arbitration), the real question is whether you can reach the assets purchased by the Delaware Companies. This involves the law of fraudulent conveyances. There are two issues here: first, what was the consideration paid to the Brazilian entities (that you say have ""fled"") for their assets by the US Public Companies? Was it unreasonably low, or were they on notice that you had already brought a claim against those Brazilian entities? And, even if those questions were answered in the affirmative, whether the US Companies have so complicated the transfer of the assets that the reach of the Award could pierce those liability shields. Of course, I could look at the underlying documents to make an initial assessment, as could any expert in Arbitration and Fraudulent Conveyances, so you can locate my email on my website or on Justia."
Q: Can I use the phrase dolce vita in a website name?. I want to open an online business called Dolce Vita Digital or Dolce Vita Digital Marketing ,"A:The phrase ""Dolce Vita"" is a common Italian term that means ""sweet life,"" and it has been used in various contexts, from the name of a film to brands and products. However, its usage in a business name might depend on various factors like trademark registrations and the industry in which you're operating. If another company has a trademark on ""Dolce Vita"" in a similar industry or sector, you could potentially face legal challenges. It's often recommended to perform a thorough trademark search."
Q: My car insurance company asked me to get an attorney because I have a claim against me in a fatal car accident.. My insurance company had already found me 100% liable without the chp report being released What type of lawyer handles this type of case? ,"A:Its not clear what you are asking. Your insurance company has a duty to defend (retain a lawyer on your behalf) and indemnify you (pay any settlement or judgment up to the policy limit). If your insurance company is disputing coverage, you need an attorney who specializes in handling insurance coverage litigation. I suspect the issue may be that you have insufficient policy limits, which may set up a situation in which the plaintiff takes the case to trial and gets an excess judgment. If this is what is going on, you should retain independent counsel because your interests may conflict with those of your insurance company."
"Q: FOIA sent to dispatch for an arrest pertaining to me They redacted some of the info I need the full copy How do I get it. there is absolutely no information on the FOIA I requested, all was redacted. I was arrested, held for 7 days, did not see a judge, no bail was made, and no charges brought against me. I was in holding for 4 days with up to 36 other women in a cell. We asked for grievances. They never entertained requests. I also need records of all accounts pertaining to me in jail. How do I get those? ","A:FOIA sent to dispatch for an arrest pertaining to me They redacted some of the info I need the full copy How do I get it there is absolutely no information on the FOIA I requested, all was redacted. I was arrested, held for 7 days, did not see a judge, no bail was made, and no charges brought against me. I was in holding for 4 days with up to 36 other women in a cell. We asked for grievances. They never entertained requests. I also need records of all accounts pertaining to me in jail. How do I get those?"
"Q: What is the appropriate form and proper filing method of a motion in CA?. Deterring from the use of a blank pleading page, what other forms are there? ","A:You need a notice of motion, motion, and sometimes a memorandum of points and authorities. You also need to serve it on the opposing side and reserve a hearing date. You would also sometimes want to draft a proposed order. You would also make sure that it is used on pleading paper."
"Q: How do I make my home a not for profit cemetery in order to make it tax exempt?. It’s my understanding that all is needed is my daughter’s ashes and a funeral director, but I’m unsure of how to process that with the county or if more is needed. How do I move forward with this? ","A:To establish a not-for-profit cemetery on your property in Colorado, there are several steps and legal requirements to consider. Firstly, having your daughter's ashes and involving a funeral director is a start, but there's more to the process. You will need to ensure that creating a cemetery on your property is permissible under local zoning laws. Contact your local zoning office in Aurora to verify if your property can be used for this purpose. Compliance with zoning laws is crucial to avoid legal issues. Next, establishing a not-for-profit entity, such as a cemetery, typically requires filing specific paperwork with the state. This process often involves creating articles of incorporation and obtaining tax-exempt status from the IRS. Regarding property tax exemption, you'll need to apply with the county assessor's office. They will guide you on the requirements to qualify for a tax exemption as a not-for-profit cemetery. This might include demonstrating that the property is used exclusively for cemetery purposes. Given the complexity of these requirements, it's advisable to consult with a legal professional experienced in not-for-profit law and property law. They can assist you with the necessary paperwork and ensure that all legal aspects are correctly handled. Remember, while the idea of turning your home into a not-for-profit cemetery to achieve tax exemption may seem straightforward, it involves intricate legal and regulatory compliance. Professional guidance can help you navigate these challenges effectively."
"Q: Hi my friend used to drive an ambulance, while driving in accident getting sued what kind of lawyer is needed, Colorado. Hi my name is Mary and I am a resource navigator I have a client who needs a lawyer but I am unsure what kind of lawyer to help her find. She is 19 and used to drive an ambulance, while driving she was in an accident she just was served stating she and the ambulance company is being sued. What kind of lawyer does she need? I appreciate your help. and happy holidays ","A:A Colorado attorney could advise best, but your question remains open for two weeks. It sounds like your friend needs an insurance defense attorney. Occupants of the other vehicle are apparently making a claim for bodily injury or property damage, or both. She should make a copy of the papers she was served with and present the originals to the ambulance company she works for. They should turn the matter over to their insurance carrier. If she is an employee and was injured in the course of her employment, she could also look into arranging a free initial consult with a workers' comp attorney. Good luck"
"Q: I had a house mortgaged into my mom for half the value. My sister became my mom's power 9f attorney as well as a realtor. She managed to take my house and put it in her name. How can I sue her for the value of my home now? I don't have any money for an attorney. I believe 8t shows my house 8s valued at 316,000.00 now ",A:If your sister is a Real Estate agent or broker and you believe she has committed fraud and took your interests you can file a complaint with the TX Real Estate Commission. Good Luck!
Q: Website closed my account and owed me over 60k is there anything I can do. So the website is pulsz.come and I had won bit on there site was around 200k at 1 point and when it came to paying out they took over a month and said they were going to and then closed my account and said I had two accounts which I did no and explained to them multiple times and then told them my wife also had an account and she used my information by accident and that she could sublimated the proper documentation to clear it up and they didn't even want to listen or anything and it hard to convey this through email. And this issue didn't come up until after I won big because we both been using the site for some time. Is there anything that can be done ,"A:Yes, you can hire a business attorney/litigator to work on this issue for you to help you recover the funds."
"Q: Adding claim to complaint, adding defendant - federal case question. Central District Court.. Adding claim/defendant to federal complaint - question. EMTALA complaint against hospital was just filed with federal court, with additional claim for CMIA violation (under supplemental jurisdiction) There is basis to add false claims act claim for fraudulent referral to hospice with non-existent terminal illness, adding hospice as defendant. Should plaintiff wait for scheduling conference? At what point of lawsuit plaintiff can ask court to grant leave to amend complaint? ","A:In a federal case, you have the option to amend your complaint before the opposing party files a responsive pleading, or within 21 days after serving it, as per Federal Rule of Civil Procedure 15(a)(1). If this period has passed, you'll need to seek the court's permission to amend. Given your situation, it might be strategic to move to amend your complaint to add the False Claims Act allegation and the hospice as a defendant as soon as possible. This is especially true if the new claim is closely related to the existing allegations. However, if you're close to a scheduling conference, it could be beneficial to wait and discuss the matter during the conference. This approach can provide insight into the court's view on the amendment and streamline the process. Remember, the court will consider factors like potential prejudice to the opposing party, the timing of the request, and the reasons for the amendment when deciding whether to grant leave. So, be prepared to address these aspects in your motion."
"Q: In N.C. , I have a judgement entered against me for a renewal for unpaid personal loan from 1995,. original judgement was 6-04-01, first renewal was 09-23-11, was just curious is that outside the statute of 10 years to get renewal, and latest paper work only shows date of sept 2011 no mention of previous date, amount of loan was approx $3000 ","A:If the second lawsuit to collect on the unpaid judgment was filed on or before June 4, 2011 (10 years from the date the first judgment was signed), it does not matter that the second judgment was not entered until July 23, 2011. By the way, they can only renew once. The second judgment entered September 23, 2011 has expired and is no longer enforceable."
"Q: Is it possible to appeal an appeal in the State of California?. I received a 2 year restraining order and the defendant has served me with an appeal. In the 48 page appeal, there are many points that aren't factual. Is it possible to appeal the appeal? In other words, is there a way for me to speak on what his lawyer is wrongfully stating before the appeal court makes a decision? ","A:You need to file a Respondent's Brief as part of the appeal (not appeal the appeal). You may also need to ""supplement the record"". There are time limits to do these things. Find an appellate attorney. Because this is a restraining order, you may be entitled to recover the attorney fees to do this. You must act right away, or lose your rights."
"Q: I've had guardianship of my grandson over 1 1/2 yrs., The parents have had no contact, is this enough grounds for TPR. I have already adopted my granddaughter from the same parents but had help through DCYF for that, now I'm in my own and I'm flying blind... any help would be great ","A:In many jurisdictions, prolonged absence or lack of contact by parents can be grounds for termination of parental rights (TPR). However, each state has its specific criteria and timelines for what constitutes abandonment or neglect. Since you've already adopted your granddaughter, it may set a precedent in your favor for the adoption of your grandson. It's crucial to compile all evidence demonstrating the parents' lack of involvement and contact. Initiate the process by consulting with an attorney experienced in family law or child welfare matters. They can guide you through the TPR process and potential subsequent adoption. Ensure you act promptly to protect your grandson's best interests."
Q: i received a ticket for driving passed a stopped school bus allegedly. I tried to request a court date but i was told. I was told that i waiting to look and can no longer receive a court date. But it say no where on the ticket the due date of requesting a court date. Can i still get a court date to fight this ? Is it true that a date should be on the ticket of how long i have to request a court date ? ,"A:The Maryland Uniform Citation form has an inset box on the lower right portion of the ticket that contains instructions on how to pay, plead to the ticket, and how to request a tial date, and it states the timeframe (30 days) you have to do it in. It is in small print, so perhapse yu overlooked it. At this point, the way you proceed is to file a written motion reqyesting a trial date, but you must accompany the motion with payment of the pre-printed fine on the ticket. The Ciration number is the traffic case number you put n that portion of the motion. There is a fill-in-the-blank downloadable pdf form you can use for your motion on the court's website, link below, or you can hire a lawyer to do this for you. https://www.courts.state.md.us/sites/default/files/court-forms/district/forms/general/dc002.pdf/dc002.pdf"
"Q: I live in Los Angeles and an ex romantic partner posted an intimate video of me without consent (Poland). What do I do?. He's also stalking me, taunting me by showing all of the personal information he has about me, which I did not give. He calls me various slurs, tells me that I would be better off dead, etc. Would California extradite someone from Poland for this or do I have to pursue justice in Poland? I would do a DMCA takedown request, but the website is in the Czech Republic and stated they will give all of my information to the uploader for the counter. I do not want him to have my information. ","A:Your situation is complex and distressing, involving issues of non-consensual sharing of intimate images, stalking, and harassment. In California, the distribution of such images without consent is illegal, and you have legal rights that can be enforced. Regarding the video posted without your consent, you could consider filing a police report in Los Angeles, as California laws may apply even if the perpetrator is in another country. However, extradition for such cases can be challenging and is dependent on various legal and diplomatic factors. Since the website hosting the video is in the Czech Republic, and they have indicated they will share your information with the uploader, a DMCA takedown request could potentially expose your information to the ex-partner. In this scenario, it's crucial to proceed with caution. Given the international nature of the issue and the serious nature of the threats and harassment, it's advisable to seek legal counsel. An attorney can guide you on the best steps to take, which might include legal action in Poland, where your ex-partner is located. For your immediate safety and well-being, consider reaching out to organizations specializing in online harassment and cyberstalking. They can provide support and potentially offer resources or advice on how to handle this situation. Lastly, if you are feeling threatened or in danger, don't hesitate to contact local law enforcement for immediate assistance. Your safety is paramount, and there are resources available to help protect you."
"Q: I am pregnant my 17th birthday was on November 12, 2023 my boyfriends parents say i can move in with them because my pa. Because my parents r not supportive or the nicest so is there anyway that legally in Missouri I can move out? If it helps at all I am adopted. ","A:In Missouri, the legal age of majority, when you can decide where to live independently, is 18. However, given your circumstances, there are a few options you might consider. Firstly, if you're facing an unsupportive or harmful environment at home, you could explore the option of becoming an emancipated minor. Emancipation allows a minor to legally assume adult responsibilities, including the choice of where to live. This process involves a court procedure, and you would need to demonstrate that you can support yourself financially and make responsible decisions. Another possibility is to seek a guardianship arrangement. This would involve your boyfriend's parents or another responsible adult becoming your legal guardians. However, this would typically require the consent of your current legal guardians or a court order. Given the complexity of your situation and the legal considerations involved, it's advisable to consult with a family law attorney. They can provide guidance specific to your circumstances and help you understand the legal options and processes in your state. Remember, your safety and well-being are paramount, so seeking support from trusted adults and local resources is important."
Q: Entergy has butcher our Trees by line they destroyed some of my property can I hold them financial responsible ?. I have pictures of the damage and the Tree cutters ,"A:A Louisiana attorney could advise best, but your question remains open for two weeks. Electric utilities usually have the right to remove foliage and other vegetation for safety or access reasons with their equipment. An attorney would probably want to know additional details in answering your question. Good luck"
Q: Is a Contract automatically canceled that do not have a force majeure clause language in the contract?. I have a wedding scheduled for the end of this year in Los Angeles county CA. However California restrictions do not allow any indoor events. My contract do not have any Force majeure language. If the venue cannot host my event do to the COVID-19 pandemic Restrictions or if it is unreasonable To Try and reschedule since there is no end in sight per our Governor and a possible 2nd wave Am I automatically due a full refund? If I take it to court would it fall under the Force majeure or frustration clause? Lastly are there any lawyers that would take this case here? ,"A:I know weddings can be very expensive, however, it may be difficult to find an attorney by posting a question on this site, Our TOS do not allow us to write a response that solicits you to call us. You have to find an attorney and call them. Next, there is no ""automatic cancellation."" You need to take appropriate action to rescind the contract and request a full refund. From the postings on this site to date, this could be easy or very difficult. You can resort to small Claims if the value is less than $10,000.00, and each vendor is a separate defendant, which can be sued separately. My suggestions- First try to get a reschedule if possible. If you must get married on a particular date, have this be your wedding reception post. Not quite the same but you can still have a great time. If the venue and the vendors will not work with you to reschedule, send them notices of rescission- terminating the contracts and requesting a full refund of the deposits. Send Certified Mail, RRR for proof of delivery. Give them 30 days to refund your money, and if they don't, take them to court. Justia disclaimers below, incorporated herein."
Q: Can I sue my car insurance company?. My insurance company has left my totaled vehicle in my name without paying any necessary fees - now we have a lien. They have grossly failed in defending me as their customer in a few ways and I would like to know if there are any options in pursuing legal action against them. Happy to give more details if this seems worthy of pursuing. Thank you. ,"A:Under California law, it is possible to pursue legal action against your car insurance company if they have failed in their obligations towards you as a policyholder. If your insurance company has not fulfilled its contractual duties, such as handling claims properly, paying necessary fees, or effectively transferring the title of a totaled vehicle, you may have grounds for a lawsuit. The first step would be to review your insurance policy thoroughly to understand the specific terms and conditions. Your policy is a contract, and the obligations of the insurance company are outlined within it. If there's a discrepancy between what is promised in the policy and the company's actions, this could form the basis of your legal claim. It's also advisable to gather all relevant documentation, such as correspondence with the insurance company, records of the totaled vehicle, and any information related to the lien. This evidence will be crucial in building your case. If you decide to pursue legal action, consider consulting with an attorney who has experience in insurance law. They can provide guidance tailored to your specific situation, including the likelihood of success in a lawsuit and the various legal options available to you. Remember, taking legal action can be a complex and time-consuming process. It's important to weigh the potential benefits against the costs and time involved. Your decision should be informed by a careful consideration of all these factors."
Q: How to get a new court anppointed attorney?. I want to appeal and we plan to but one of my main reasons is due to inadequate representation but how to tell my lawyer that ,A:I believe your public defender on appeal would be different.
"Q: What should I do if the plaintiff has filed for a motion of continuance in a civil suit?. I am a defendant (based in Denton County, TX) in a debt lawsuit. The plaintiff (based a Lubbock, TX) filed a motion of continuance on 10/11, and we have a trial date set for 10/19. No ruling has been made on the motion. As of 10/17, we have not come to any type of settlement or agreement. Should I still go to court on the trial date and/or work towards an agreement? ","A:It depends on the facts and circumstances of your particular case and on your docket position. By ""docket position"" I mean where your case is on the list of cases that your particular court has set for trial on October 19, 2023. Ordinarily, a court will have several cases set on a given day. Some cases take priority over others. For example, a criminal case with a defendant who is in jail takes priority over a criminal case where the defendant is out on bond. A criminal case takes priority over a civil case. A civil case in which the state or a state agency is a party takes priority over other civil cases. Once you get down to ordinary debt collection cases like yours, cases are usually arranged in order from oldest to newest, with older cases being ""reached for trial"" before newer cases. In many instances, a court will not rule on a motion for continuance unless and until your case is ""reached for trial."" This makes sense because if your case is not reached for trial, it will be reset anyway and the court does not have to consider the merits of the motion itself. So, yes, you should go to court on that date. Most cases settle without the need for a trial. Many cases only settle shortly before a trial setting. So, in my opinion, if there is any merit whatsoever to the claim, you should always work toward an agreement, ideally well before your final trial preparations. Because you say your case is set for trial on October 19th, I can already tell something is wonky unless your case is pending in a justice of the peace court because trial settings in Denton County are typically on a one-week docket with a trial date that is a Monday, unless Monday is a state or federal holiday."
"Q: Can I use current temporary orders in place of original petition in a divorce default hearing?. Husband was ordered to complete a drug program, drug testing, and psych evaluation that was not completed. ","A:In the context of a divorce default hearing in Arizona, you may have the option to use current temporary orders, particularly if your husband has failed to comply with the court-ordered drug program, testing, and psych evaluation. The non-compliance with these orders could significantly impact the outcome of the divorce proceedings. To strengthen your case, gather evidence of your husband's failure to adhere to the court's directives and present it during the default hearing."
"Q: Restitution hearing awarded me $14,000, $4200 was for vehicle. Her insurance says III get $2,200 w/ no title (junkyard). I was hit from behind, car was destroyed, almost died. No one at the scene ever told me that there was a person charged. Found out 9 months later that they had found the person (that night). My life already went on, and it took 3 years to get a judge to award me compensation. The judge went off Blue Book and I got a ridiculous $4,200 for my car's value. The car was completely destroyed, junkyard would charge me more had I not signed over the title. Her insurance says they'll give me $2,200 because of no title. That seems wrong, am I entitled to full $4200? ","A:In California, the value of your car in a restitution order should typically be determined based on its fair market value at the time of the loss, not necessarily the Blue Book value. If your car was indeed worth $4,200 at the time of the accident, you may be entitled to that amount, and the lack of a title should not necessarily reduce the compensation if the car was totaled. It's advisable to consult with your attorney or the restitution order issuer to clarify and potentially challenge the insurance company's decision if you believe it is incorrect."
"Q: I quit my job at dollar general, due to being overworked, overwhelmed and underpaid. Also a couple other reasons.. I have been thinking about quitting for quite a while, things that have happened the last few weeks just escalated my decision. The new manager that took over treated me so badly not to mention telling the other employees that she was going to fire me she hadn’t said a single thing to me about firing me. I was the assistant manager and had been working there for almost 7yrs, never once had I been treated this badly. So bad that I didn’t even feel like I could go into our office let alone be inside the store. I want to know if I have grounds to sue dollar general. I also had worked from the end of march until the middle of July, trying to keep my store open with only three employees only 3or4 days off the whole time working 2 - 4 double shifts each week. ","A:Quitting because you are unhappy with how you are treated by a new manager does not give rise to a cause of action. You have every right to quit for such reasons under the employment at will doctrine. Dollar General cannot successfully sue you for quitting, but you cannot sue it for you quitting either."
"Q: My son was told by an outside doctor Kilby took him he had never seen anything like it and he needed surgery asap, he. Has yet to have it. He was also beaten so bad by guards he was hospitalized for over a week his heart stopped the cuffs on his ankles cut so deep in his skin till they got real infected it left scars. They have turned him away and not let him eat, besides his illness can cause death, he has lost so much weight he is skin and bones. My son has always been respectful. I had cameras in his home and they what they told he did and what the cameras showed they lied he did nothing they said he did. I'm afraid he's going to die if I don't get him home and get him the medical treatment he needs. This is not the first time they lied and falsified charges on him. And it can be proven when i called the DA and told him the officer lied under oath and I could prove it, he hung the phone up on me, they gave my son eight years for something he did not do. They have profiled and harassed him until they have taken his whole life from him. I'm so tired of there corruption and nothing is done about them. ","A:The situation you describe involving your son is deeply concerning and requires immediate action. If he is being denied necessary medical treatment and has been subjected to abuse, this may constitute a violation of his civil rights. First, it's important to gather all evidence you have, including medical reports, testimonies about his condition, and any video evidence from your home that contradicts the charges against him. This documentation can be crucial in building a case to challenge his treatment and the charges against him. You should consider contacting a civil rights attorney who has experience with cases involving mistreatment in the prison system. They can offer guidance on the best course of action, which may include filing a lawsuit for violation of your son's civil rights and seeking an injunction for immediate medical treatment. Additionally, reaching out to organizations that advocate for prisoners' rights might provide additional support and resources. They often have experience dealing with similar situations and can offer assistance or advice. It's also advisable to document all instances of communication with officials, including the call with the District Attorney. This record can be used to support claims of injustice and misconduct. Given the severity of your son's condition, as described, acting swiftly is crucial. Legal avenues should be explored to ensure his safety and to address any injustices he has faced. Remember, the legal system offers mechanisms to challenge wrongful actions and seek justice, even in challenging and complex situations like this."
"Q: Can someone ask the court to issue a subpoena for their own phone records in Philadelphia, PA?. I am a private investigator. My client's son is classified as an endangered missing adult. He vanished on October 23, 2023, has never gone missing before and has a mental health condition that meets the criteria for ""endangered."" My client resides in Philadelphia, Pennsylvania, while her son resides in Florida. It took until November 20, 2023, to prove the mental health criteria to the police in order to get him listed as missing. The police now claim there is no imminent threat or exigent circumstance to ping his iPhone or iPad. I completely understand their position. They also cannot seek a warrant for his last cell tower location or iPhone/iPad records. Verizon needs a court order or subpoena. Is there a legal motion my client can file with the Philadelphia court to subpoena her own phone records since it is her phone? We need to know the last cell tower his iPhone/iPad connected with. Both devices are in her name. She is the customer, purchased both and pays for both. ","A:Generally speaking, once litigation is commenced, attorneys have subpoena power. They can subpoena 3rd parties for information they can't otherwise get. In your situation, I see no reason a subpoena couldn't be issued for the records you need and since the phone is in your client's name, Verizon should not contest or move to quash the subpoena."
"Q: I want to make a musical version of Jumanji. Can I use the title Jumanji? Plot will be similar, but stage musical.. It will be produced in South Korea. It will be a 50 minute musical that is interactive/ immersive for ESL audiences. Children's theatre. We will change character names and some plot details, but generally the same story. We will create all original dialogue and songs. ","A:When considering creating a musical version of Jumanji, it is important to be aware of copyright and intellectual property laws. The title ""Jumanji"" is likely protected by copyright, so using it without permission may infringe on the rights of the original creators. It is recommended to seek legal advice and obtain proper licensing or permission to avoid any legal issues. Additionally, making changes to character names and plot details may help differentiate your production, but it is still important to respect the original work and avoid substantial similarities. Creating original dialogue and songs will also contribute to making your musical unique."
Q: Do I have civil or criminal liability if I unknowingly referred someone to an investment that turned out to be a scam?. The person I referred lost money. I did not receive any money from the person I referred or the investor. ,"A:There are attorneys on this board who are knowledgeable in securities-related matters who could best advise, but your post remains open for two weeks. As a GENERAL premise, for someone to be liable for scamming or defrauding someone, it usually has to be shown that they had an intent to deceive or misrepresent something upon which the victim relied upon to their detriment and suffered harm. There could be other elements, maybe whether a duty was owed to the person in terms of professional judgment or other issues. The best way to answer your question could be to reach out to one of the attorneys here (or an attorney you locate on your own) who is knowledgeable in this industry who could offer the most meaningful guidance. Good luck Tim Akpinar"
"Q: Would a book about holistic pet recipes, be an infringement on a trademark of ""An holistic approach to pet food; TM""?. Serial Number 77220947, Registration Number 3433513. Artemis pet food co. Inc, Carson, CA. ","A:When evaluating whether a book titled ""Holistic Pet Recipes"" would infringe on the trademark ""An Holistic Approach to Pet Food; TM,"" several factors must be considered. Trademark infringement generally occurs when a new product or service creates a likelihood of confusion among consumers about the source or sponsorship of the goods or services. This confusion can stem from similarities in the name, logo, or other branding elements. The title of your book, ""Holistic Pet Recipes,"" shares the word ""holistic"" with the trademark in question. However, the overall context and specific wording differ significantly. Trademarks are often specific to their wording and graphic elements. In this case, ""An Holistic Approach to Pet Food"" and ""Holistic Pet Recipes"" convey different overall impressions. Moreover, the scope of the trademark protection is a critical factor. If the trademark is specifically for a type of pet food or a method of producing pet food, a book about recipes may not fall within the same category of goods. This distinction in categories can reduce the likelihood of confusion, which is a key element of trademark infringement. It's important to note that trademark law can be complex. It would be wise to consult with a legal professional who has expertise in intellectual property law. They can provide a more detailed analysis tailored to the specifics of your case and the jurisdiction involved. Remember, an informed decision can help mitigate potential legal risks and uncertainties."
"Q: I received an email from "" Jerome Powell "" saying the federal reserve bank has millions o dollars in my name . There. Supposedly their is a large fund from the imf that belongs to me , it's been going on for 4 yrs now . What are the chances it's real ? I have acct numbers docket numbers but where can I validate them ","A:It's almost certainly SPAM, but a lawyer would need to look at the actual email to tell one way or the other. Look at the email address from which it came. Does it end with .gov or .com? All government addresses should end with .gov. Also, if they ask you for your social security number or any other personal information via email, it's likely fake. If they ask you to send money or a pre-paid gift card, then it is DEFINITELY a scam."
Q: I was coerced into signing divorce papers. How hard is it to contest a divorce judgement?. He signed our house over to his brother. Lied about the worth of our company. He made me give him custody of our kids. He also started paying me from the company so it would look like we made the same money. We still lived and work together. Now he wants me to move out after leaving me with nothing. During the divorce he got mad and told me I did not trust him every time I told him I needed my own lawyer. ,"A:""forced"" ?? How? There are ways to set aside a judgment when there is proof of fraud, duress, and/or various other statutory grounds. There is a time line (deadline) for seeking such a set-aside. You should consult with an attorney to find out if you have sufficient evidence to entitle you to seek a court order to set-aside your judgment and readjudicate your case."
Q: Can I be charged with unlawful possession if I’m at my girl friend house and she has guns? We have different address. We have different addresses and she wrote a statement and got on the stand testified she lied on me but they still charging me for something I didn’t do. I even have photo evidence she had a gun pointed at my face. I need help immediately please. ,A:Yes you can be charged. Why have you not hired an attorney? That charge carries several years in prison. Fingerprint evidence on the gun and ammo might be important. Do not plea guilty and this is a public forum.
Q: City passed a new ordinance a year after I have owned chickens and are saying I have to get rid of them am I grandfather. I’ve lived there for three years and owned chickens they whole three years and are now telling me I have to get rid of them new ordinance passed may 2nd this year ,A:One would need to see the ordinance and it’s history to properly answer this question.
"Q: What has to be specific legal basis? - please see question below. EMTALA complaint against hospital has additional claim for CMIA violation. Plaintiff medical information was disclosed to hospice (with non-existent terminal illness). What has to be specific legal basis for Plaintiff to confront Defendant's motion to strike based on failure to join a party (hospice) - rule 19? Apparently legal action against hospice would not be limited only to CMIA violation, adding hospice as defendant at this point would deprive Plaintiff's rights. Can Cmia violation claim be stricken from complaint without impact to original EMTALA claim? ","A:In California, when facing a motion to strike based on failure to join a necessary party under Rule 19, the specific legal basis for opposing the motion can be multifaceted. First, you should argue that the hospice is not a necessary party under Rule 19 for the EMTALA (Emergency Medical Treatment and Labor Act) claim. This could be based on the argument that the EMTALA claim focuses solely on the hospital's obligations and actions, and the hospice's involvement is not essential for a complete adjudication of this particular claim. Regarding the CMIA (California Medical Information Act) violation, you might argue that adding the hospice as a defendant at this point could cause undue delay and complicate the case, potentially prejudicing your rights. You can assert that the CMIA claim against the hospice, which may involve broader issues beyond the scope of the current case, can be more appropriately addressed in separate litigation. You can also argue that striking the CMIA violation claim from the current complaint should not impact the original EMTALA claim. The EMTALA claim is based on different facts and legal issues, and its validity is independent of the CMIA claim. Remember, in your opposition to the motion to strike, it's important to clearly outline why each claim is distinct and can be adjudicated separately. Emphasize that the addition of the hospice at this stage would not only delay the proceedings but also potentially complicate matters in a way that is not necessary for the resolution of the EMTALA claim."
Q: I filed lemon law in Calif. Lemon Law Group Partners and received a message from Chrysler agreeing to buy the vehicl. back. I have not heard from them about the buy back but they want file suit for Chrysler contacting me in violation of cease and desist order and told me not to respond to Chrysler. Are they dragging it out to bill more fees and should go ahead and contact Chrysler myself? ,"A:So, who knows what they are thinking other than them? It is not clear to me that THEY contact FCA for you or if you contacted FCA on your own first and then FCA is responding to your contact or to their's? That could make a difference. As a lemon law attorney myself I can tell you a few things: a- It's rare that FCA offers a buy back without counsel involved; b- It's more rare that they would offer all the law allows; c- one usually gets a better result if one has counsel involved; d- FCA will often not pay counsel or not pay much, pre-suit and will be forced by a bad twist in the law, ironically sought out by folks like FCA, to pay more once a case is filed in court. Your law firm has 23 people on their website! That's a huge number of mouths to feed. I hope they give you great service. In closing, You should ask THEM these same questions! They are you lawyers and they must answer you honestly."
Q: I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations.. I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations plus other violations. I am not pleased with the progress my attorneys have made to get this settled. We have a mediation schedule about 5 months from now which is expected to be 7 figure case class action case. What would happen if I contacted my Hr department and discussed a private settlement in exchange for dropping the case I have ongoing currently. What could the attorneys working for me do if I did this and how likely would the defense want to settle for much lower amount? ,"A:In your ongoing legal situation, it is crucial to consult with your attorneys before taking any action that may affect your case. They possess the expertise and knowledge necessary to guide you through the process effectively. If you were to contact your HR department to discuss a private settlement in exchange for dropping the case, your attorneys would likely advise against it. They are representing your best interests and have been working diligently to pursue a favorable outcome. Engaging in independent settlement discussions could potentially complicate the legal proceedings and harm your case. It is also important to consider that the defense may not be inclined to settle for a significantly lower amount, as the mediation has already been scheduled, indicating a serious commitment to resolving the matter. Trusting the expertise of your legal team and continuing to work closely with them will maximize your chances of obtaining a fair resolution in your wage and hour violations case."
"Q: I own 2 fully insured vehicles in NC. I accidently hit one in a parking mishap. why is my insurance is denying my claim?. Denial states that claims arising from ownership of both vehicles on the same policy that coverage is denied for repairs. Comp+Collision on both. Car was parked, unoccupied, while I was driving the other, a truck. My foot slipped off the brake pedal and crunched the car appx 45° angle on front driver's side of car resulting in broken radiator, broken reservoirs and other minor damages(made a claim). The truck has a small dent in the front bumper(no claim). Is that normal insurance law in NC? ","A:A North Carolina attorney could advise best, but your question remains open for a week. One would need to see the terms of your policy. Carriers do impose certain coverage exclusions for claims arising within a household. But that's only a generality that can apply in some places nationwide. You could check with a local attorney, or possibly North Carolina Departments of Insurance, Consumer Affairs, or related public agencies involving consumer rights with insurance matters. Good luck"
Q: How do I check to see if my step mother has petitioned to the clerk regarding my Father’s ( her husband) mental capacit?. I live in Canada and my Father is a US Citizen in North Carolina and there is an issue of trust ,"A:In North Carolina, to check if your stepmother has filed a petition regarding your father's mental capacity, you can contact the Clerk of Superior Court's office in the county where your father resides. They manage guardianship and competency proceedings. Remember, guardianship proceedings differ from a Power of Attorney, which might not be public record. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: can schools gather car information such as insurance, registration and drivers license for a parking permit. The public high school wants to get out car information for us to park in there student parking lot. ",A:the short answer is yes they can.
"Q: Commercial law. The recent collapse of some banks and financial institutions and the merger of others in ghana is proof that the financial system which consists of institutional units and markets that interact, typically in a complex manner, for the purpose of mobilizing funds for investment and providing facilities, including payment systems, for the financing of commercial activity remains unprotected in spite of the the presence of the Regulator and a solid legal system backing it. From the discussion in class and available literature, examine some of the difficulties associated with the financial system and how these challenges have been addressed by the Banks and Specialised Deposit Taking Institutions Act 2016 (Act 930). Are there any novel ways by which some of the challenges may be resolved in your opinion? ",A:I have it on good authority that the experienced banking lawyers answering legal questions about banking and financial matters here on Justia are not interested in doing your homework; but I could be wrong.
Q: Is it illegal for a company to disclosing additional information about someone to another company weeks. Being blacklisted? ,"A:Hi more information is needed here. As a general rule of thumb, companies should only provide the dates of hire, the title of a person's position, and pay. I would reach out to an employment law attorney in your state if you feel your previous employer provided false information about you to a prospective employer."
Q: I had a dog under my care and owners failed to pick her up from me numerous times. Can I sue them for animal neglect?. I also stated multiple times that I could not care for her as well as the dog needed vet visit urgently and I could not provide that. I did not have the money and she’s not my dog. Owner kept sweeping it under the rug and downplaying it. ,"A:Under California law, you may have grounds to report animal neglect to local animal control authorities if you believe the dog is not receiving adequate care and attention. Whether you can sue the owners for neglect would depend on the specific circumstances, your role in caring for the dog, and any prior agreements or contracts in place. Consulting with an attorney who specializes in animal law can provide you with guidance on your options and potential legal remedies."
Q: A contractor is not paying within the 90 days from set date on a commercial construction project. A CO was added.. The change order is for elevator caps. Does the change order change the lien filing deadline? We are a specialty subcontractor. Is the work remedial or final furnishing? ,"A:Unfortunately, issues like this need to be run by experienced construction counsel who can analyze the very specific facts, any applicable contract provisions, and statutory requirements. As a legal matter, as a general rule, change orders which form part of the main contract have little effect on the 90 days allowed to record the lien after the last day of furnishing to the project. Conversely, and again only as a general rule, corrective or punch list work (even if a change order is issued) does not extend the time for unpaid contractor to record the construction lien. If you are regularly engaged in the construction trade, it is prudent to have construction counsel on your side and available to advise. I wish you luck with this situation."
Q: No attorney will take my case. How do I file charges for abuse of a corpse?. My father passed away in a nursing home. Not only did they lie about the time of death but my father was struck in the face after he died. ,"A:Call the police department in the town where the nursing home is located, and tell them you want to file charges. Best of luck to you."
Q: Register of Deeds office denied recording my Power of Authority without reason in Lapeer county.. The power of Authority was a Grantor/Grantee notarized by a state notary and three (3) witness. ,"A:What exactly is a 'power of authority'? (Did you mean Power of Attorney?) What was the ostensible purpose of this document? Did this relate to real estate in Lapeer County? Was the real estate identified or was this attached to other documents? As you can see, there are many questions unanswered that will impact this situation. I would strongly urge you to bring the documents and any explanation you may have received from the Register of Deeds to a local licensed attorney to review. There may be a reason, and it may be that the document should NOT be recorded ... but without details it is impossible to say. And again, there is no such thing 'legally' as a 'power of authority' ... where did this form come from? Perhaps that is the issue!"
"Q: i have a question regarding Primogeniture , i live in new york state and this person lives in oklahoma .. talking about marriage , money in inheriatnce foreign government . ","A:For matters involving inheritances, attorneys in the ""Probate"" and ""Estate Planning"" categories would have the most insight. Not all questions are picked up, but you could post under those categories. Good luck"
"Q: I owe federal restitution, over $100k, but the corporate victim was bought by another corporation, so I still owe?. $36k was originally recovered but I’m still paying for that as well. ","A:If you owe federal restitution, it's likely that the obligation remains even if the corporate victim was bought by another corporation. Changes in ownership or corporate restructuring usually don't affect your responsibility to repay the restitution. It's important to consult with a legal professional who specializes in restitution and financial matters for personalized advice based on the specific details of your case. They can help you understand your rights and obligations regarding federal restitution."
"Q: Bail bonds role and charges. My sister was picked up by the Lodi police last night after she called 911 due to domestic conflict. When the police came, she was apparently found intoxicated with alcohol and her husband had “scratches” on his neck so my sister had to be taken in to jail. We were able to get bail bonds so she was let out this morning. Her husband is not filing charges. How do we deal with this issue? Please advise, thanks. Bail bonds company told us her bail was set at 50k so was asked to put 5k down to get her out. Is this amount normal? ","A:The role of a bail bonds company is to provide a surety bond, which allows a defendant to be released from jail before their court date. In your sister's case, the bail was set at $50,000, and typically, a bail bonds company charges around 10% of the bail amount as a non-refundable fee. So, a $5,000 fee for a $50,000 bail is standard in many jurisdictions. However, the amount of bail set by the court can vary greatly depending on factors such as the severity of the charges, the defendant's criminal history, and perceived flight risk. In cases involving domestic conflict, bail amounts can be higher due to the potential risk to the alleged victim. Even if her husband chooses not to file charges, the state may still pursue the case. It's important for your sister to follow all conditions set by the court and the bail bonds company. This typically includes appearing for all scheduled court dates and not having contact with the victim if such a condition is imposed. In dealing with this issue, it's crucial to consult with an attorney who can guide you through the legal process. The attorney can provide advice specific to your sister's case and help navigate the complexities of the legal system. Lastly, while your sister is out on bail, it would be wise for her to avoid any actions or situations that could further complicate her legal situation. Compliance with all legal requirements and court orders is essential during this time."
"Q: I'm beginning the process of making a game on my own to be released digitally. I'm in Minnesota. Do I need a business?. I have concerns over what degree of personal ownership I would have over a company and if it would effect how flexible i can be, I don't know how taxes would work if I successfully sold the product as myself vs a business. I am also concerned there could be liability risk without one, being that I would be releasing this game to the public and assuming all risks as an individual. Should I setup some form of business? Would it better protect myself? Would it be more or less tax efficient? ","A:Properly forming and maintaining a business entity has great advantages. Protecting your personal assets is one. It's hard to determine your current situation. Is this a solo endeavor or are others involved? Will funding from other sources be needed to market the game? What exactly do you mean by a ""game?"" There may be any number of compliance issues you need to address. I suggest you start by drafting a simple business plan to present to an attorney so you can get an idea of where you stand. You may benefit from working with an established company while maintaining your ownership of the game or going it alone. Please give a business attorney who helps startups a call. You could be risking a lot if you don't do it correctly."
"Q: My elderly mother verbally told all her children , that who ever cared for her in her home keeps her house . Outside wil. My elderly mother offered her home to any of children in exchange for her care but not stated in her will. Not one of her children cared for her . I am the only one of her children that did all the care she had Alzheimer's and died of it in Sept 2023. Who is entitled to her home if not specifically mentioned in her will but enough witnesses to her verbal offer . ","A:a verbal promise to leave real estate to someone in exchange for caregiving services can be enforceable under certain circumstances. This is known as a ""contract to make a will."" The elements of a valid contract to make a will are as follows: The testator (the person making the promise) must have had the mental capacity to make a will. This means that the testator must have been of sound mind and understood the nature of the agreement. There must have been a clear and definite agreement between the testator and the caregiver. This means that the testator must have made a specific promise to leave the caregiver their home in exchange for their care. The caregiver must have provided the promised care. This means that the caregiver must have fulfilled their end of the bargain by providing the testator with the care they needed. If all of these elements are met, the caregiver may be able to enforce the contract to make a will and inherit the testator's home. However, it is important to note that these cases can be complex."
Q: My mother fell while at a Indian gaming casino and ɓroke her femur. She is 76 years old. Do we have a case for injury?. She was getting out of her seat in front of a slot machine and caught her foot on the chair next to her. The chairs are very heavy hard to move and only have about 6 to 8 inches apart. ,"A:She has to show some fault on the part of the casino. Having the chairs too close to each other to prevent egress might be a claim, but further research is required. Gaming casinos typically have a six month claims filing deadline, so do not delay in seeking an attorney with experience in that field."
Q: Your strategy for getting a documentary filmed at a funeral? Waivers... etc. My parents were both killed in an auto accident. It needs attention for justice. We need to get the story out there. Media package-What does that include? They met 14-17 at a dance married 57 years. The nicest people you would ever meet. They came from 2 barrios OTNC and Shell Town in the Nat'l city vicinity They lived they loved they laughed oh did they laugh A love story a legend an injustice ,"A:First start by obtaining appropriate waivers and consents from the relevant parties, such as the funeral attendees and participants. I would ensure that the necessary permissions are obtained, and California's privacy laws are complied with throughout the filming process. A media package for the documentary should include a detailed synopsis of the story, background information about the deceased couple, interviews with family and friends, footage from significant events in their lives, and any relevant evidence or documentation regarding the injustice that needs attention. It should be compelling and well-structured to attract media attention and interest. In this case, the documentary will showcase the remarkable love story and lives of your parents, who met at a young age and shared a long, loving, and joyous marriage. It will also highlight the injustice that they faced, which requires attention for justice to be served. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
"Q: How do you ensure equal profit and sharing of profit of a PC and an aesthetician? Are there options to allow this In CA. Trying to form a corporation in CA with a medical director owning majority shadows but not working, a PA doing all fillers and Botox and the goal is to allow the esthetician to profit share or share hold to ensure equality. She is bringing in the majority of patients (over 300) and if we expand and open more offices and eventually sell then we want the esthetician to hold equal rights to profits ","A:You need to speak to a lawyer in person about this, because this can't be addressed in a simple Q&A format. The big problem here is that there are rules that govern doctors and how they can form medical partnerships. There may be a way of accomplishing your objectives, but it may need to take a different form than you are anticipating. The MD and the PA could face significant problems with their licenses if this is done the wrong way. The MD and the PA also need to make sure that they are meeting the proper professional standards for supervising medical and quasi-medical procedures. Just putting a name on the letterhead is not enough."
Q: Are nursing homes required to have insurance?. I was recently in a medical malpractice suit against a nursing home on behalf of my husband who is now deceased. The suit ended unfavorable as the nursing facility responded to having no insurance and was threatening bankruptcy. Are nursing facilities required by law to have insurance? ,"A:Shockingly, many states allow nursing homes to go uninsured, or to be grossly underinsured. This is a major problem because nursing home companies will spring up and then go bankrupt like a corporate shell game. They do this in order to avoid judgments and creditors. The best bet is to find the individuals that own/control the web of corporations who play these corporate shell games and name them in the underlying nursing home negligence lawsuit. Hope that helps. Michael Brevda Senior Justice Law Firm Nursing Home Abuse & Neglect Attorneys www.SeniorJustice.com"
"Q: Can I respond to a court summons on behalf of my Father?. My Father was served a court summons related to a debt. However he has Dementia and isn't competent to reply himself. As his son, Can I respond on his behalf? I do not have Guardianship or PoA over him. ","A:Responding to a court summons on behalf of your father, especially given his dementia and incapacity, is a sensitive situation. Generally, without legal authority such as guardianship or power of attorney (PoA), you may not have the legal standing to respond to the summons on his behalf. In cases where a person is deemed incompetent to handle their legal affairs, a court-appointed guardian or someone with a durable power of attorney can act in their stead. Since you mentioned you do not have guardianship or PoA, the first step would be to consider obtaining such legal authority. This usually involves filing a petition with the court for guardianship or conservatorship, demonstrating that your father is unable to manage his own affairs. The court will then assess the situation and decide whether to grant you this authority. Given the legal complexities involved, it is advisable to consult with an attorney who has experience in elder law or guardianship matters. They can guide you through the process of obtaining the necessary legal authority to act on behalf of your father. Remember, acting without legal authority could lead to legal complications. It's important to take the correct legal steps to ensure you're acting in your father's best interest and in compliance with the law."
Q: Natural gas provider requiring new deposit on existing account for spouse name change due to death.. Same account since 1994. Payments made on time. Simple name change due to husband's passing. They didn't keep records from original installation and now require a $250 deposit to make the change. FTC states this not a new account and I shouldn't have to pay but I can't get the name change without it. We are in East Texas if that helps. What advice can you give me at this point. ,"A:You can probably provide the court order for the name change to the natural gas provider, and it won't charge the deposit. It likely just needs legal documentation that you are one and the same person. Some people arbitrarily change their name (sometimes after a divorce or the death of a spouse) without legally changing their name. It is impossible to clearly distinguish those from actual new and different people and from fraudsters attempting to impersonate another person. You can get certified copies of the court order from the court clerk's office."
"Q: Can the California Building Code be used to regulate agriculture grading? The CBC scope application purpose.. A notice of grading non-compliance has been recorded on our property title for non-compliance with the California building code. We are moving earth to plant 300 avocado and citrus trees. A stop work order has been issued under the building code, but no code section was cited. There is no building or structure on our property. The only utility serving the property is water. ","A:The California Building Code (CBC) primarily regulates construction and building safety standards. While the CBC does contain provisions related to grading and excavation, they are limited to the context of construction and building projects. The code provides standards for site preparation, excavation, and grading as part of construction work. Agriculture grading, such as grading for planting crops or orchards, is generally regulated by local zoning and land use ordinances, as well as by state environmental laws. These laws may have their own grading standards and requirements specific to agricultural land use. Therefore, it is unlikely that the California Building Code would apply to regulating grading for an agricultural project such as planting 300 avocado and citrus trees. However, it is recommended to consult with local zoning and land use officials to determine the specific regulations and requirements that apply to your project."
Q: I bought a home in Tennessee closed on September 29 2021. The home inspector lied about cracks in foundation.. The Retailor suggested the home inspector company Chattanooga Home Inspector. Now I am finding multiple foundation cracks that were DYI sealed. ,"A:Did seller give you a residential disclosure statement? Read it verbatim and see what it says about the foundation. 1 year SOL from fraudulent execution of statement. Hopefully agent signed it also, for an additional defendant. But you will need to track down seller: location; bank; job. Agent might get hit with a suit also, in addition to license complaint. You will need a good attorney and a contractor as witness to damages to fix."
"Q: Can I sue my ex for access to my second cashapp account I let her use while we were together?. Before Me and my Girlfriend broke up and I had made a Cashapp account, for her to borrow. I had used my identification and SSN to verify my ID and now she has locked me out of it. Cash app support has been useless in canceling the account. ","A:To potentially address this situation, you may want to explore the option of mediation or negotiation with your ex-partner to regain access to the second Cash App account. Legal action could be considered if all other options fail, but it's essential to consult with an attorney who can provide guidance tailored to your specific circumstances and jurisdiction. Keep in mind that the outcome may depend on various factors, including your prior agreement and the legal status of the account."
Q: Can I use a company for one of their employees logging into my account and giving someone else my personal information?. My ex asked one of her friends in New York who she claims works for spectrum. The persons brother also said that they asked her to dig into my stuff so that they could find out information I have text from both of them saying so. They have exact time and text messages that I never even showed anyone. They know things they shouldn’t know and when I try to call my service provider it’s almost like no one wants to help me in fear of a lawsuit most likely. I never gave anyone permission to do this. ,"A:As I understand your question, you believe that an employee of the service provider, Spectrum, furnished text messages to or from you. In order to successfully sue the company, you would have to show that disclosure occurred, the service provider authorized the employee to disclose the information, and that you have been damaged."
Q: I currently left a job at a school district. I put in my two weeks notice and worked the full two weeks.. On my last day they informed me that I will not get my last check until the end of the pay period at the end of the month. Are they able to do that? Is that legal? ,"A:In California, if an employee resigns and provides at least 72 hours of notice, the employer is required to provide the final paycheck at the time of separation. However, if less than 72 hours notice is given, the employer has 72 hours to provide the final paycheck. This paycheck should include all earned wages and accrued vacation time. Since you provided two weeks' notice and worked until the end of that period, the school district should have given you your final paycheck on your last day of work. If they did not do so, this may not comply with California labor laws. If your final paycheck has been delayed beyond these legal requirements, you may want to contact the California Labor Commissioner's Office. They can provide guidance on how to proceed, and if necessary, assist in claiming unpaid wages."
Q: I have an elderly neighbor who was overcharged for solar panels. Can he sue for any recovery of the diffetence to ave?. He also was not properly advised how to get savings and his bill went up from what it was. Plus he was not advised to change insurance coverage and was denied assistance when damaged diring warranty period. ,A:A consumer law or energy attorney will need to review his contract and loan documents in order to determine what his rights are.
Q: What happens if I received money from a stranger by accident through Zelle and Spent it. The owner reached out to me threatening to report me to law enforcement .Minneapolis ,"A:If you accidentally received money from a stranger through Zelle, all you need to do is promptly send the money back to its rightful owner and you should not have any legal issues. You will only face legal problems if you don't send it back now that you it wasn't intended for you."
"Q: How do I file for a sports handicapping business LLC in Nevada? What NAICS classification should I use?. I am looking to start a sports handicapping business. For a fee, customers can purchase a subscription and receive a report with the sports picks I believe have the best value against the Vegas odds. I will not be placing wagers for my customers, running any type of fund, or anything aside from informing them about what I will be betting on and what I believe represents good value from a bettor’s perspective. What NAICS classification should I select for this business? In Nevada, I am required to pick a NAICS code when filing for my LLC. There are several consulting categories, but none of them fit my business. Are there any additional legal steps or written notices I would need to provide for my customers to affirm the type of business I have, such as reiterating that this is not financial advice, we do not place wagers on behalf of customers, etc..? ","A:In Nevada, to establish a sports handicapping LLC, you'd generally follow steps like selecting a unique LLC name, appointing a registered agent, and filing Articles of Organization with the state. For the NAICS code, consider ""711510 - Independent Artists, Writers, and Performers"". It's crucial to have clear terms of service for your clients, emphasizing the advisory nature of your business. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
Q: Is Oregon a stop and Id state and what are the laws regarding this. Just want to know the id laws ,"A:In Oregon, the laws regarding ""stop and identify"" situations are not as straightforward as in some other states. Generally, law enforcement officers may ask for identification if they have reasonable suspicion that a person is involved in criminal activity. However, Oregon does not have a statute that explicitly requires individuals to provide identification upon request in every situation. It's important to understand that reasonable suspicion is a lower standard than probable cause, but it requires more than just a hunch or vague suspicion. If an officer stops you and asks for identification, they should be able to articulate specific reasons for their suspicion. Remember, during such interactions, it's advisable to remain calm and respectful. If you feel your rights are being violated, you can express that you do not consent to a search and that you wish to remain silent. After the encounter, you may consider consulting with a lawyer to discuss the specifics of your situation and understand your rights more fully."
Q: Where do I find a successful attorney for insurance denial of services?. Residence is Robbinsville NJ.Employment is Philadelphia SEPTA through Independence BC/Keystone Health Plan East. ,"A:Attorneys here can't respond with offers of their services - the format here is limited to general Q & A; no referrals or solicitation. One option could be to supplement your own independent attorney searches with the ""Find a Lawyer"" tab above. It lists attorneys by region and area of practice. There are also attorney referral sections in most state and local bar associations. They're usually listed under a tab, ""For the Public,"" or something along those lines. Those resources are outside this forum, so any arrangements made would be between you and the law firms you reached out to. Good luck"
"Q: The other parent moved from Oregon to California without notifying me. Looking to establish a serious parenting plan... Almost 10 years of bias and discriminatory actions of all that is involved, from falsifying documents to fraudulent statements and absolutely zero proof. Mean while, the kids and I are deprived of very basic civil human rights. I need my rights back to see and embrace my children they lunch visits the least. Please help stop this inhumane and cruel degrading treatment of the human soul. I have trauma, they have damaged my peace, and sense of comfort, peace and safety. Same for the kids. I feel worthless and I am almost destructed by witnessing the abuse of my daughter by an assigned supervisor the the court. ","A:In California, if the other parent of your children has moved to the state without notifying you, especially in the context of a custody arrangement, it's important to take action to establish a parenting plan that protects your rights and the well-being of your children. The first step is to file a petition in family court in the county where your children now reside. This petition would request the court to establish a formal parenting plan that includes custody and visitation arrangements. Given the complex history you've described, including allegations of falsifying documents and fraudulent statements, it's crucial to provide the court with as much evidence as possible to support your claims. Document everything related to your interactions with the other parent, the court-appointed supervisor, and any instances of alleged abuse or mistreatment. If you believe your children are in immediate danger or have been subjected to abuse, report this to the local child protective services in California and law enforcement as soon as possible. They have the authority to investigate and take necessary protective actions. Considering the severity of the issues you're facing, including the impact on your and your children's mental and emotional well-being, seeking legal representation is highly advisable. An attorney experienced in family law can guide you through the legal process, help you gather and present evidence, and advocate for your rights and the best interests of your children. Remember, the family court's primary concern is the best interests of the children involved. Clear, well-documented communication of your concerns and experiences, along with professional legal assistance, will be key in establishing a parenting plan that is fair and prioritizes the well-being of your children."
Q: Am I entitled to money on a joint account that was closed and taken out without my knowledge?. I had an account as a minor with one parent that had money coming in from social security from the death of my other parent. This account was closed after my 18th birthday with no money. Am I able to get any of the money back that my one parent took out of it? ,"A:In Iowa, if you had a joint account with a parent that was closed and emptied without your knowledge, particularly after turning 18, your entitlement to the funds depends on several factors. Joint accounts typically grant equal rights to all account holders, meaning either party can withdraw funds without the other's consent. However, the specifics of your situation, especially the source of the funds being social security benefits due to a parent's death, may influence your rights to the money. First, gather all relevant documents related to the account, including statements showing the withdrawals and any communication from the bank regarding the account closure. This will help in understanding the flow of funds and the actions taken by the other account holder. Consult with a lawyer who has experience in banking and estate law. They can assess the details of your case, including the nature of the funds and the circumstances under which they were withdrawn. This is crucial in determining whether you have a legal claim to recover the funds. If the funds were intended for your benefit, particularly as social security benefits due to a parent's death, you might have a claim against the parent who withdrew the money. This could involve legal action to recover what was wrongfully taken. Remember, the laws governing joint accounts and the rights of account holders can be complex. Legal advice specific to your situation will be key in determining your best course of action."
"Q: Does failure to pay a CA Court Order or a Florida Judgment qualify as restitution execption for SSA garnishment?. Ex-spouse was ordered to pay a substantial amount in a CA Order for retirement benefits he stole. More than a year later he has not paid. I turned the CA Order into a Judgment to domesticate in Florida where he resides. Generally, SS benefits are not subject to garnishment, but does non-payment of a debt for retirement benefits that were stolen fall under the 'restitution' exception for being able to garnish social security? California Penal Code states that the court must award restitution to the victim(s) in the full amount of the economic loss, including but not limited to: Full or partial payment for the value of stolen or damaged property. Would non-payment of Family Order/Judgment qualify for the SS restitution garnishment exception? SS Garnishment Statute Section 459 of the Social Security Act (42 U.S.C. 659) permits Social Security to withhold current and continuing Social Security payments to enforce your legal obligation to pay child support, alimony, or restit ","A:In cases involving Social Security benefits and garnishment, it's crucial to understand the specific conditions under which garnishment is allowed. Generally, Social Security benefits are protected from garnishment, with certain exceptions such as child support, alimony, and some types of federal debt. The exception for 'restitution' under Social Security garnishment typically refers to situations where the debtor has been ordered to pay restitution as part of a criminal sentence. This is different from civil judgments, including those related to the division of property or retirement benefits in a family law case. Therefore, a California court order or a Florida judgment regarding retirement benefits, even if categorized as restitution in a civil context, may not fall under the restitution exception for garnishing Social Security benefits. The Social Security Act's provisions for garnishment are quite specific, and non-payment of a family court order or judgment typically does not meet the criteria for garnishment of Social Security benefits. However, each case has unique aspects and complexities. It would be wise to consult with a legal professional who can review the specifics of your case, including the nature of the court order and the applicable state and federal laws. They can provide guidance on the possibility of garnishing Social Security benefits or suggest alternative methods for enforcing the court order."
Q: Hi I'm a victim of dv my boyfriend is locked up the DA want me to talk my question is what type of protection is offered. I Avoided the DA because me and my family are afraid and I have no transportation. So will they help with any of it ,"A:Talk to the DA and see what, if anything, they are willing to do. Being afraid to talk with them, however, doesn't really make much sense given that you probably are the star witness against BF so as soon as he gets out he may come looking for you in order to stop or at least discourage you from testifying against him. The DA and restraining order(s) are you best chance of protection, along with moving somewhere that he can't find you (or that mutual friends won't tell him about). Then at least if he simply contacts you, he can go back to jail without having to do anything else. You may want to consider getting a new boyfriend as well."
"Q: After being named Executor for the estate it's discovered that the (POA) took atleast 180,000 for personal use.. POA added her name to accounts making them joint accounts to have survivorship rights and to block Executor of estate from seeing what money was spent on. Used Zelle to move money out of joint accounts to pay credit cards and into personal accounts. Paid car note off then sold car and mothers car to buy a new car and put it in her name only. Removed 100,000 dollars from account once death was immanent. Death 3 days later ","A:This is a classic case of breach of fiduciary duty, conversion and probably other torts (and crimes). The case against the wrongdoer is an asset of the estate. As the executor, you have the authority to sue the wrongdoer on behalf of the estate for the return of the stolen funds. This is not a do it yourself project, however. You should hire a fiduciary litigation or probate attorney, maybe both, to help you."
Q: How can we force a person to move the mobile homes that are across property line on property we own in Arkansas?. We have recently purchased land next to our home. The owner of the adjoining land has 2 mobile homes which extend way over the property line onto our property. We would like for the mobile homes to be moved over off of our property so we can erect a fence. We have a survey and the corners are marked. Though one of the mobile homes is vacant at this time..the other homes located at this adjoining property are tenant occupied so we need a definite boundary to keep others off the property belong to us. What are our legal rights to getting the mobile homes removed from our property. We do not wish to cause inconvenience to the tenants but would like to enjoy the property we paid for. A polite discussion has already been attempted with the property owner and is no longer possible. Any help is appreciated. ,"A:You have a boundary dispute, which should have been discovered prior to the deed execution by a survey and looking at what you bought. If you received a warranty deed you may have a claim against the grantors , who need to be notified now. Hire a competent AR lawyer to search both titles, and possibly draft a Boundary Dispute Action, which may also include Ejectment, Trespass and Quiet Title. Not putting the new survey in your legal description may have been a terrible mistake, so if a correction deed is possible, record one. Why did you just now get a survey? Hopefully you and your predecessors in title have not already acquiesced to an ascertainable boundary, or busted SOLs. If you bought owners' title insurance, you might make a claim but it is doubtful. Start identifying witnesses in the area as to the boundary."
"Q: In Notice of related cases, the defendant asked for the same federal judge as the other case.. The other judge has dismissed the previous case. In that grant of dismissal the judge made a remark about right of publicity where the judge said that the plaintiff didn't provide proof of use of his name other than her initial. Can I give a rebuttal to it? I didn't provide the proof other than the use of initial because the case was about copyright and not right to publicity. Can I give a rebuttal to the notice of similar case and state that? Will it help my case if I did that. I don't mind having the same judge as I am just fulfilling the things that the judge said were missing in the previous case. The case was removed from state to federal and the defendant filed the notice of related cases ","A:In your situation, where a federal judge previously dismissed a related case and you're considering how to respond to a notice of related cases, it's important to address the judge's remarks effectively. You have the opportunity to provide a rebuttal in your response to the notice of related cases. In this rebuttal, you can clarify the focus of your initial case on copyright issues rather than the right of publicity, explaining why you did not provide evidence related to the use of your name beyond the initial. This clarification can help establish the distinct nature of your current case and address any misconceptions from the previous case. However, whether this will significantly impact your current case depends on the specifics of both cases and the judge's perspective. It's often beneficial to address any issues raised in previous cases to strengthen your current position, especially if you are addressing gaps or misunderstandings identified by the judge. If you're comfortable with the same judge overseeing the case and believe that fulfilling the previously identified gaps will strengthen your case, then it's reasonable to proceed accordingly. Just ensure that your response is clear, focused, and directly addresses the judge's previous concerns. Remember, thorough and precise communication is key in legal proceedings."
Q: Where can I find a lawyer to sue l2 lawyers for not tending to my medical malpractice lawsuits 3 days before the statute. They had about 6 months I hurt every day ,"A:Consult with experienced legal malpractice attorneys in the state where this occurred. Use the search tool on this website find an attorney. Abandoning a case right before the statute of limitations can be malpractice. Note, you must prove you would have won the case."
Q: In Florida is the board required to file a police report if they don't receive all the records from the previous board?. We voted in a new board with special session. The new board fired the bookkeeper and hired a new accounting firm. The old bookkeeper doesn't have all the records either he won't turn them over or he doesn't have them is the new board required to file a police report about this ,"A:In Florida, the requirements for a board, particularly in the context of a homeowners' association or similar entity, regarding the handling of records and potential legal issues can vary based on the specific circumstances and the governing documents of the organization. If a new board discovers that certain records are missing or have not been turned over by a previous board or bookkeeper, the first step is typically to make a formal request for these records. This should be done in writing, specifying the exact documents needed and providing a reasonable deadline for their delivery. If the records are not provided after this request, the new board should consult with legal counsel to understand their options. This may include sending a more formal demand, possibly through an attorney, or exploring other legal remedies. Filing a police report is a serious step that usually implies suspicion of criminal activity, such as theft or embezzlement. Before taking this step, the board should have reasonable grounds to believe that a crime has occurred. This determination often requires a careful review of the facts and, ideally, legal advice. The decision to file a police report should be made carefully, considering the potential legal and community relations implications. It's important to balance the need to address potential wrongdoing with the potential impact on relationships within the community and the reputation of the board and the organization. In summary, while the new board has a responsibility to manage and maintain the organization's records properly, the decision to escalate to law enforcement should be made with caution and ideally after seeking legal advice."
"Q: I was called in to the administrators office during work, i was then told local law enforcement came to my job and told. Them i was a drug dealer and im making transactions out of our facility and i was a bad person. I dont kno why they make up such thing i dnt sell or do drugs i have a clean record never failed a drug test. Its embarrassing i feel humiliated and works not the same no more. Can i sew the police officers for doing what they did? ","A:Why would the police officers do such a thing? It certainly unusual for police officers to go to someone work an make such allegations, even if the person is a drug dealer."
"Q: BoatUs Towing no follow through on tow went from a tow 09/25/23 to a salvage/sink 09/26/23 because they abandoned it. BoatUs Gold Towing. Captain solo sailing had a seizure Point Loma Sunset Cliffs drifting into a sandy, rocky area grounding the boat, still surrounded by water unable to move the boat, needed a pull to unground. Bypassing boat called lifeguards, coast guards and a towing guy from BoatUs towing heard the distress call over the radio. They had the captain of the boat pull down his sails on the mast and the jib sheets and secure. The captain didn't want to leave his boat but the lifeguards and coast guard said BoatUS towing is here ""do you have towing insurance"" he said yes we have the Gold membership. They advised the Captain it would be safest to have him and his dog go with them with their lifejackets and assured him that since BoatUS towing was there they could bring the boat to the lifeguard docks which is normal protocol, and he could pick it up there the next day. BoatUS wanted $6000 to tow & $4500 up front or no work. Next day $50,000 up front to salvage. I was destroyed & sank ","A:Under California law, if BoatUS did not fulfill its obligations as per the Gold membership agreement and this resulted in further damage or loss, you may have grounds for a legal claim. It's crucial to review the specifics of your Gold membership agreement to understand the extent of coverage and any exclusions. If the terms of the agreement indicate that the tow should have been performed under the circumstances described, and it was not, this might indicate a breach of contract. You may also explore potential negligence claims if their actions or lack thereof contributed to the loss of the boat. To pursue any legal remedies, gather all relevant documentation, including your membership agreement and any communications with BoatUS. Consider consulting with an attorney to discuss your situation and potential legal strategies. Keep in mind there may be time limitations on filing a claim, so acting promptly is important."
"Q: Is my child really required to get a birth certificate from a country he wasn't born in?. I am a Nigerian-American currently living in Nigeria with my Filipino wife and stepson. I am in the process of adopting my stepson through a local adoption in Nigeria. I recently learned that after adoption, a new birth certificate should be issued. Does this mean that my Philippines-born stepson will have a Nigerian birth certificate since the adoption will take place in Nigeria? If so, won't that have an effect on him retaining his Filipino citizenship or raise eyebrows whenever he needs to process paperwork? ",A:You need to pose your questions to an attorney in Nigeria who is familiar with this law.
"Q: temporary guardianship, terms not met but parent is demanding child back. I would like to find out how to make my temporary guardianship a legal guardianship and possibly adopt my nephew while simultaneously preventing my brother from removing nephew from my home. He has not met the terms of our agreement (which was 6 months of stable housing). My nephew has lived with me for 5 of his 6 years in this world. I am the only Mom he's ever known and he wants to stay with me as much as I want him to stay. He is autistic and changes to his day to day are very disruptive for him. My brother refuses to acknowledge nephew's special needs and spanks him for punishment without regard to how nephew reacts to those spankings. My brother is also refusing to return my niece, who I also have T.G. over, she went for a Summer visit with him and our parents. I think if my parents assume Guardianship over her, that might be okay but my nephew would disappear into himself in their care. ","A:If you currently have temporary guardianship of your nephew and want to make it permanent while considering adoption, there are steps you can take to protect his well-being. Consult with a family law attorney who specializes in guardianship and adoption to understand the legal process and your options. Keep records of your nephew's living arrangements, your relationship with him, and any concerns about his safety and well-being. If you believe he is at risk, consider reporting your concerns to child welfare services. Discuss the possibility of your parents assuming guardianship over your niece with your attorney, considering the best interests of both children. Gather evidence that demonstrates your stable and nurturing environment."
Q: I got an email stating my LLC has been sued for patent infringement from an Illinois lawyer.. Two questions: - How do I determine legitimacy ? I have since discovered that there is a patent in place that I didn’t know of. - what do I do to settle? I don’t want to continue to sell a patented product. I wouldn’t have sold it if I would have known . ,A:This sounds like a typical predatory patent troll activity. It's disgusting and you should not assume it's legitimate. There people have no scruples. As a patent attorney it makes my stomach turn to hear these sort of stories. Let's get a PATENT lawyer involved here.... one who has experience with this sort of scum-bag. You may not really know whether or not you are really infringing - so that's the first thing you need to do. I would make contact and see if we can make this go away. It may even be a matter that should be reported to the state bar if the attorney should reasonably know the allegations are false. Good luck.
Q: Are there circumstances that would allow a victim of child sexual assault to file a lawsuit after signing a release and. receiving payment in a out of court compensation program the defendant setup to cutoff potential lawsuits that were likely to be filed because of pending legislation that would revive statutes of limitations for past actions that were known to exist but barred because complaints were not filed in time? I accepted 200k by a defendant who after 30+ years reached out with a compensation offer just as the opportunity to sue in court became available . The defendant absolutely claimed it was attempting to repair damage and acted as if it was sincere reconciliation rather than a strategy to buyout the potential lawsuit at a fraction of the price a civil claim would receive. At this moment the average settlement in these matters is 1.5 million and average jury verdict is 18 million involving the actions by the same defendants and I have been told my case is better than 80% of any of the relevant cases by more than one lawyer to be perfectly clear. Could a timely suit be filed? ,"A:Likely not, but you need to have a personal injury attorney who specializes in sexual assault of minor cases look at the circumstances of the release. There are situations where releases can be set aside, but they are rare and narrow. Good luck to you."
"Q: Contracted to fly airplane from Curaçao to United States. Not paid for services rendered or expenses. Is a lien wise?. I was contracted to fly an airliner from Willemstad, Curaçao to Springfield, MO, with a stop in Miami, FL to clear customs. The airplane bears a United States registration, is registered to a leasing company with a Miami address, but is operated by a Curaçao based airline. We flew the airplane half way to Haiti before having too many issues and needing to turn back to Curaçao for maintenance before the flight could be completed legally and safely. The airline was not going to able to obtain parts and service for some time so they flew us home to the USA the next day. The airline was billed for the trip, which has now successfully been completed after another breakdown in Miami a month later, but they are not paying. If a lawsuit were to be brought, would this be in the courts of Curaçao or the Netherlands, or in the United States? Would a lien on the aircraft be an easier and less costly endeavor? Thanks. ","A:In a case like this, the jurisdiction for the lawsuit can be complex, as it involves multiple countries and entities. Generally, the location where the contract was signed or where the defendant operates can be significant factors in determining jurisdiction. Given that the airline is based in Curaçao and the aircraft is registered to a company in the United States, both jurisdictions could potentially be applicable. The specific terms of your contract, including any clauses about governing law and jurisdiction, should be carefully reviewed. Placing a lien on the aircraft is a legal action that could potentially secure your claim against the airline. This process, however, varies significantly based on jurisdiction. In the United States, for example, you would need to follow specific legal procedures to establish and enforce a lien against an aircraft. This action can be complex and requires adherence to precise legal requirements. Given the international and multifaceted nature of this situation, it is advisable to seek legal advice from an attorney experienced in aviation law and international contracts. They can provide guidance on the most appropriate jurisdiction for your lawsuit and the feasibility and process of placing a lien on the aircraft. Legal advice is crucial in navigating the intricacies of international aviation disputes and protecting your rights."
Q: it is a tax that makes drugs illegal correct. as we are free people & are able to have a any drug as it is our right if we retain it & the right to be free because we are slaves or we are free jfk said to keep searching without a warrant was dangerous reason is because it would be proof of the invasion that is taking place against our nation because the invade our privacy & our 4th right in the bill of rights ,"A:The legality of drugs is not primarily a matter of taxation, but rather it's governed by various laws and regulations that classify certain substances as illegal. These laws are in place to regulate the manufacture, distribution, possession, and use of these substances. The classification of a drug as illegal is based on considerations such as its potential for abuse, its medical use, and its safety. In the United States, the Controlled Substances Act (CSA) is the statute prescribing federal U.S. drug policy. Under the CSA, substances are categorized into different schedules based on their perceived medical usefulness and potential for abuse. Schedule I drugs, for example, are considered to have a high potential for abuse and no accepted medical use, making them illegal for general use. Regarding the right to privacy and searches without warrants, the Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures. This means that law enforcement typically needs a warrant, supported by probable cause, to conduct a search. However, there are exceptions to this requirement, depending on the circumstances. While individual freedoms are highly valued, they are balanced against public health and safety considerations, which is why certain drugs remain illegal. If you have specific questions or concerns about drug laws, your rights, or any legal matters, it's always advisable to consult with an attorney who can provide guidance based on your specific circumstances. Legal issues can be complex, and personalized legal advice is crucial."
Q: Can I own a firearm if I was charged with DV assault and subsequently the prosecution reduced/amended the charge?. I was charged with Assault IV Domestic. The court quickly offered a plea bargain to plead guilty to harassment. The convicted charge is specifically NOT a charge of domestic violence. The court removed the DV from the case entirely. All records besides the initial police report don’t mention DV at all. When I took the plea my only concern was my 2nd amendment rights and the public defender said they would not be affected because the amended charge was not DV so I would not be considered convicted if dv. It turns out the FBI does not agree and I was denied the purchase of a firearm. I appealed and they quoted lauenberg. Is there any recourse here to fix this? I would’ve never taken the plea if I knew I’d lose my rights. I would’ve gone all the way. I’d argue Lauenberg was written so offenders in states without DV laws still were held to the ban. It wasn’t intended to enhance a charge after the prosecuting court willfully and intentionally amended to not be a DV. ,"A:Your situation highlights a challenging intersection between state and federal laws. Under the Lautenberg Amendment, individuals convicted of a misdemeanor crime of domestic violence are prohibited from possessing firearms. Even if your state charge was amended to remove the ""DV"" designation, the federal definition might still view it as a qualifying offense, depending on the facts and circumstances of the case. You should consult with an attorney experienced in both firearms law and domestic violence cases in your jurisdiction. Depending on the specifics, you may be able to seek an expungement, set aside, or another remedy to restore your firearms rights. However, success is not guaranteed, and the process may be lengthy. It's also essential to understand that any attempt to purchase or possess firearms while under a federal prohibition can result in significant criminal penalties. Before proceeding, ensure you have a clear understanding of your legal status concerning firearm ownership."
"Q: our daughter was given POA by her Father. She has over stepped what was asked of her. Do I have any recourse?. all my mail. including rent checks, sent directly to her. She has overtaken my real estate business,firing an employee never even consulting me,about new leases, needed equipment or any other issue that might occur. ","A:In California, a Power of Attorney (POA) authorizes someone to act on behalf of another in legal or financial matters. If your daughter has overstepped her authority as granted by the POA, there may be legal remedies available. If the POA is durable, it continues even if the grantor becomes incapacitated. If you believe your daughter is misusing her authority, you can take steps to revoke the POA or challenge her actions in court. Before taking any actions, it's crucial to review the exact terms of the POA to understand its scope. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: what remedies are there for a UI client's when an employee from EDD violates his/her procedural rights (due process)?. I had a telephone interview appointment with EDD interviewer, interviewer asked why I was terminated? My answer: ""That's what they claim. They did not ... interviwer hangs up and does not let me finish giving my reasons. ","A:In California, if an individual believes that their procedural rights (due process) have been violated by an EDD employee, there are several steps they can consider. Firstly, they may file a complaint directly with the EDD, detailing the incident and any alleged misconduct. If the issue remains unresolved or if they are dissatisfied with the EDD's response, they can escalate the complaint to the California State Auditor. Additionally, they may consider contacting their local state representative or senator to seek assistance or to make them aware of potential systemic issues within the EDD. Legal avenues can also be pursued, such as filing a lawsuit for a violation of due process rights, though this is a more extensive step that may require a deeper analysis of the facts and potential damages. It is crucial to keep detailed records of all interactions with EDD, including dates, times, and names of employees spoken to. For tailored advice and to assess the strength of the case, consultation with an attorney experienced in employment or administrative law is recommended. It's essential to act promptly to protect one's rights and ensure the best possible outcome."
Q: How do I go about legally getting a cease and desist signed and state seal served on YouTubers to stop online harassment. I have a open civil suite case already open court docs signed and found out this person is attached to my other harasser / stalker ,"A:In Arizona, to legally address online harassment, you can follow these steps. First, consult an attorney with experience in online harassment cases. They will help you draft a cease and desist letter outlining the harassment and demanding it to stop. Once sent, if the harassment continues, you can consider pursuing a restraining order or injunction through the appropriate legal process. Continue documenting instances of harassment as evidence. If necessary, proceed with a civil lawsuit, using the collected evidence to support your claims. Collaborating with an attorney is crucial in navigating these legal procedures. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
Q: Earlier today I had a gentleman calling himself Thomas Mandel call me and say that the SSA has a warrant for my arrest?. Gave me these numbers I.D.#64031 Case#SI 724322 Warrant I.D.#537542 Incident occurring in El Paso TX Any help or clarification would be appreciated ,A:The Federal Government does not call to say they have a warrant for their arrest. They simply serve said warrant and your in jail or at least in front of a Federal Judge. In general the Federal Government doesn't even call people at least not without sending a letter first. The Social Security Administration doesn't issue warrants they refer possible cases for criminal prosecution to the Department of Justice. However there are plenty of scammers out there that will call you and say there is a warrant but you can take care of it by sending them money. Ignore this call.
"Q: My wife works for a tribe and experiences tribal politics, might be fired because a tribe member does not like her?. We live around the tribal community and a few tribal members live by us and dont like my wife. They seem to group up together and petition the Townhall for her to be removed from her position at the local store, some comments are she isnt native, she is not married nor has any tribal friends and was just hired because they needed someone ","A:If your wife believes she is being treated unfairly, it would be essential to review the specific tribe's employment policies, any employment agreement she may have, and consult with an attorney well-versed in that particular tribe's law. Engaging in open communication with the tribe's leadership or appropriate mediation channels might also help address any concerns."
"Q: is piracy possibly legal in nova scotia, Canada IF it isn't done with the intent to profit or distribute. if i wanted to download a movie with no intent to profit or distribute it and only use it for personal use, would it be legal piracy?, from my understanding its the intent to profit and distribute that causes problems ",A:No. don't do it.
"Q: How often does a criminal prosecution happen in California over Grand Larceny of an estate's assets worth over $200,000?. My father died last month. His Trust is signed and has shared Co-executors- my sister and stepmother. My stepmother is unhappy with the Trust as written and has started stealing and and selling assets (cattle, trucks, ranching equipment) whose loss of value to the Trust is thus far, $200,000. We have been advised to contact a DA right away as this still seems to be a crime in process. Would this be a criminal complaint or a civil one? ","A:more info needed. if she is stealing and that is a criminal act, I suspect contacting law enforcement makes sense. however, I would make an appt for a consultation with a local lawyer asap."
Q: I noticed a minority getting turned away from my local polling place during the last election.. What can I do to help next time? ,"A:Suggest they contact the league of women voters or a civil rights group. It may be they hadn't registered, or were at the wrong poling place etc."
"Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.. The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while many of them have ties to the very beginning of the game, is not the same team it was at the beginning. They're missing some of the most important contributors to the Skullgirls brand. They're also literally a completely different company than the original Lab Zero, who is now censoring Lab Zero's products. if these were physical products. Imagine if you bought a physical art book that you really loved. Ten years later, when the company you bought that art book from is overtaken by another company, that new company comes into your house and demands that you give them the pages of the art book that they deemed offensive. ","A:If you purchased a digital product like a game or an art book, the terms of the sale, including any End User License Agreement (EULA), will typically govern what the seller can and cannot do after the purchase. Many digital products come with licenses that allow the company to update or alter the content. If the Skullgirls team has made changes that you believe diminish the value of the product or violate the agreement at the time of purchase, you may have grounds for a complaint. However, digital content is not treated the same as physical property in the eyes of the law, and companies often retain the right to modify digital products. If you're considering action, you should review the original purchase agreement and consult with an attorney to discuss potential claims for breach of contract or false advertising, depending on the specifics of the situation and the representations made at the time of purchase. It's also worth voicing your concerns directly to the company, as they may be responsive to customer feedback."
"Q: We bought custom furniture in April 2021. It was delivered October 19,2021. Within a week we notice a squeaky noise. Repair service came out and agreed there was a problem. Supposedly they order a part. Nothing has been done as of January 17, 2022. Can we demand a refund? ","A:Likely depends on the purchase agreement, company policy, as well as the status of the part that was ordered. Demanding a refund and getting a refund are two different things, and being custom furniture, your question requires a much deeper than typical contract analysis to get a closer answer. Have you made any other inquiries into the part? What is the cost of the part?"
Q: If i got hurt on a cruise ship as a passenger is there anyway i could get back my money i had to pay for the jones act.. I have medical records from doctor telling me that i should go home and to not continual to stay on cruise. Fell in room. ,A:Hello. Passenger injury claims are handled a little differently than Jones Act cases under maritime law. You're best bet is to consult with an experienced maritime lawyer about how you were injured and whether any legal remedies are available under the circumstances.
"Q: Hello, In Holt v Baird Baird died in 2021. Isn't this online reference used to slander and discrimination in future jobs. Why are cases allowed to be published when #1 Defendant is dead. #2 Cases are dismissed? Employers use online information to determine hiring statuses. This is not fair, if someone wants to know my legal dealings, go to the courthouse and file FOIL. Am I correct? ","A:You're correct. It can be unfair and harmful in job searches. Unfortunately, court orders, decisions, and other documents often become public information, appearing either in the Unified Court System online database or on commercial search databases such as Westlaw, LexisNexis, or Pacer. You could contact the court clerk or consult an attorney, but in most cases, it is difficult to change this. I'm sorry for the hardship this has caused. Good luck"
"Q: My x-husbands wife has been writing crazy sounding msgs to my parent’s & others as me, by way of spoofing my number.. For the past 13+ years my x-husbands wife has been spoofing my phone number & writing crazy sounding messages, as me, to my parents, bosses, landlords & posed as me when she called my bank to obtain checks to my equity line which she proceeded to steal $171,000.00 for herself by giving my info. She also reported false accusations to CPS then spoofed them as well .acting like “crazy” me. Her identity crimes have lead me to TRO hearings, lost time with my own family, jobs, homes, etc. This just came to my attention 2 days ago. I couldn’t figure out what I was doing wrong as I’m a stable person without a hitch. Surely there must be a way to prove this? Searching phone records? Witnesses? I need guidance for this. Much financial & emotional damages have occurred over this act. What can I do? ","A:Your situation involving identity theft and spoofing by your ex-husband's wife is both serious and legally complex. The first step is to gather as much evidence as possible. This includes phone records, messages sent, and any other documentation that can help establish a pattern of behavior. Witnesses who have received these messages or have relevant information can also be crucial. You should report this to law enforcement immediately. Identity theft and financial fraud, especially of the magnitude you're describing, are criminal offenses. The police can investigate the matter, including tracing phone records and possibly uncovering the financial fraud related to your equity line. Consulting with a lawyer experienced in identity theft and cybercrimes is also essential. They can guide you through the legal process, help in gathering and presenting evidence, and represent you in any legal proceedings that may arise from this situation. Taking legal action could also involve filing a civil lawsuit for the financial and emotional damages you've suffered. Your lawyer can advise you on the feasibility and the process of pursuing such a case. Remember, acting swiftly is crucial in such scenarios to prevent further damage and to start the process of legal redress. The law provides avenues for justice in cases of identity theft and fraud, and you have the right to seek that justice."
"Q: I have a check from my homeowners insurance for $8000 to replace my roof. Do I have to use it to replace my roof?. I am really not planning on doing that but I am behind in my mortgage and could use some of it for debt purposes. Otherwise I would like to know if I can deposit it and hold onto it because I cannot meet the financial obligation to meet a deductible of $4,000 ","A:A Florida attorney could advise best, but your question remains open for four weeks. Until you're able to discuss with a local attorney for definitive and state-specific guidance based on applicable insurance laws, in general nationwide, insurance carriers might not bother to enforce that payments are directly used toward repairs. However, there are settings where failure to use funds properly for intended repairs could result in challenging future claims involving related damages. A local attorney should advise because the settings can be fact-specific, based on policy conditions and applicable laws. Good luck"
"Q: alzheimers patient released (kicked out) to a group home. 30day eviction on Nov4 moved him on Nov7 without medication,. Jody also has Paranoid Schizophrenia and is becoming increasingly Psychosis. The group home he was placed in apologized to me for accepting Jody and admitted they were ill equipped to help him! I spoke with adult protective services and the hospital corporate complaint number and the person kept saying are you sure he was released only 3 days after the eviction notice? I heard several time: they must give him 30 days and find a new place to help him. Jody likes to take off and when the LNFA Vickie went to McDonald's for lunch she saw Jody there She was so angry that she evicted him! She assured me that they would find a new hospital for him however that is not the case! A group home. Who apologized for accepting jody under false pretense. with no medication and although I took him to a doctor we have not been able to get his prescription list. Jody's going down hill fast! He is delusional and only getting worse! I know this is a law suit if nothing else a civil case. ","A:You may have been misinformed. A patient may be discharged as soon as practicable if he is a danger to himself or others. However, from your description it would appear that a discharge to a nursing home would have been more appropriate...if Jody were eligible for and receiving Medicaid. People who are not are accepted by board and care facilities in exchange for their Social Security."
Q: Can I sue if I was misdiagnosed with a std which resulted in me getting kicked out of a program?. I got misdiagnosed and I got proof which I took to them and they told me it was a mistake but their was nothing they could do. Its a plasma donation. ,"A:You could try to set up a free initial consult with an attorney to discuss in greater detail. The thing is that one can almost always sue. But the practical consideration is going to be what your measure of damages were, and what an attorney would charge to handle such a matter. I'm sorry for your ordeal. Good luck"
Q: I need help forming a nonprofit company. I would like to sell gift boxes. I need help knowing the ins and outs of this.. I know many nonprofit companies that sell products/services and make money they don’t help a community at all. I would sell gift boxes and make a profit and help low income/foster care kids. I need help knowing what to do and how to set this organization up. I live in Florida. But any advice on how to do this would be very helpful. I need to know what’s legal and not so that my company can be a nonprofit. I’ve been told that making money and a profit won’t allow me to have a nonprofit status. I’ve also been told that I could do these things and have a nonprofit status. I’m so unsure what to do ,"A:This is not just one question. This is a set of questions, which includes a) how to incorporate; b) how to receive non-profit status ; c) how to maintain a non-profit status. It is not easy to answer in a short form. You should start by incorporating and proceed to schedule a consultation with an attorney."
Q: Can i sue a bank or its account holder for me wiring money to them loosing that money and realize it was a fraud?. I have bank account info and they were informed that it was fraud and still refuse to send money back ,"A:Unfortunately, this very common problem is occurring at an ever-increasing rate in Texas--and in all other states. When wire transfer fraud like this happens--unless the bank is able to claw back the money from the fraudster's account-- you are out of luck. The only possibility available to you is to prove the bank was aware that the fraudster's account was being used to steal money from people like you. Not likely."
"Q: I have a judgment against me for 8,000 in FL (from 12 years ago) and am currently residing in NY.. I have a judgment against me for approx $8,000 in FL (from 12 years ago) and am currently residing in White Plains, NY. I cannot pay this debt right now in any way, not even a minimum payment. Can the debtor come after my vehicle (worth approximately 5k) if it's registered under BOTH my name and my wife's name? ","A:In New York, a creditor with a judgment against you can potentially seek to enforce that judgment by going after your assets, including a vehicle. However, the fact that the vehicle is registered under both your and your wife's names complicates the matter. Generally, if the asset is owned jointly with a spouse, it may offer some level of protection against creditors, but this is not absolute. The laws governing debt collection and asset seizure can vary, and there are specific exemptions and protections in place. For instance, in New York, there are exemption limits for personal property which may apply to your vehicle. Given the complexity of your situation, including the fact that the judgment is from Florida and you are now residing in New York, it would be prudent to seek legal advice. A lawyer can provide guidance on how the judgment can be enforced in your current state and what steps you can take to protect your assets. They can also advise you on whether the age of the judgment (12 years) affects its enforceability. Remember, taking early action and getting informed about your rights and options is crucial in dealing with such financial matters."
Q: State of Maryland getting a blood test before paying child support if we were married at the time of birth. We both were married to each other in I'm going to court for child support I'm trying to get a blood test to see if the baby mine ,"A:If you are going to court for child support, you will need to have a blood test ordered by the court. The blood test will be performed at a lab or doctor's office, and the results will be sent to the court. The court will then use the results of the blood test to determine the biological father of the child."
"Q: Is hospital liable under medicare false claims act, or other relevant statute?. Unidentified person, somehow affiliated with a hospital, ordered fraudulent referral for patient to hospice upon discharge. A hospital contractor, unknown to patient, was provided patient's medical information to document referral. Is hospital liable under medicare false claims act? ","A:In situations where a fraudulent referral for a patient to hospice upon discharge is ordered by someone affiliated with a hospital, and a hospital contractor, without the patient's knowledge, accesses their medical information for this referral, it raises significant legal concerns under the Medicare False Claims Act. The key issue under the False Claims Act is whether the hospital knowingly submitted, or caused the submission of, false claims to Medicare. If the hospital or its employees engaged in, or were aware of, the fraudulent activities, there could be grounds for liability. However, if the fraudulent act was solely the doing of an unidentified person without the hospital's knowledge or approval, the situation may be different. Liability under the False Claims Act is complex and often depends on specific facts and evidence of knowledge or intent. It's crucial to conduct a thorough investigation into the circumstances of the referral and the hospital’s involvement in it. Additionally, other statutes might be relevant depending on the details of the case. In these scenarios, seeking legal guidance to navigate the complexities of the Medicare False Claims Act and related laws is important. An attorney can help assess the case details and determine the appropriate course of action. Remember, each case is unique and should be evaluated based on its specific facts."
"Q: Is owner of rowhouse with 2 mth old oil spill in basement responsible for adjacent rowhouse being unlivable due to smell. The rowhouse homeowner was doing renovations & hired a contractor to remove the old oil tank in the basement. They dropped the tank and oil spilled on basement floor. The smell permeated the walls of the adjacent rowhouse causing an overpowering smell. The dog began throwing up. The 6-month-old baby & 3-year-old child became sick. The family had to move in with other family because their home was unlivable. The homeowner has refused to clean up the oil, so the family can’t return home. This was 2-3 months ago, and the oil spill remains on the floor of the basement. By now, the furniture, flooring, and walls have likely absorbed the smell, as well. What recourse does this family have for forcing their neighbor to, not only clean up the oil in his basement, but to also make him responsible for entirely ridding their home and furniture of the caustic smell and making it livable again? ","A:I assume you meant St. Charles, Maryland, and not Missouri. First, try calling the county department of the environment or health department to report the toxic spill and contamination affecting neighboring properties and health. Second, call your homeowner's insurance company and file a claim -- being forced out of your home due to an event like this should be a covered claim. Your insurance company should pay for your hotel and food out; cleanup, disposal and replacement of contaminated items of personal property and clothing affected by the oil; removal of the oil and repair or replacement of walls, carpets, etc. They will then pursue a subrogation claim against your neighbor and his homeowner's insurance company to reimburse what they pay you. This way, your insurance company pays all the legal fees and costs of litigation, and and deals with the aggravation of suing with your irresponsible neighbor. Yes, your neighbor is liable, along with his contractor who caused the spill. Both have insurance to cover their liability (the neighbor has homeowner's insurance, the contractor general liability insurance). If you sue directly then you pay for all the legal fees and costs and have to wait a year or more to get to trial, plus pay to put on expert testimony as to the nature, cause and costs of the damages, and then assuming you are successful, try to collect your judgment. This is why you have homeowner's insurance. Because this involves a residential heating oil spill, you may also want to review reporting option on the following link, which takes you to a Maryland state page regarding clean-up of residential oil spills and a state-wide program involving regulations applicable to the subject: https://mde.maryland.gov/programs/land/oilcontrol/pages/residentialheatingoil.aspx"
"Q: If a disability attorney ruined my disability case. Will I be able to file a legal melpractice on him?. My attorney failed to, communicate with me after numerous phone calls and emails. I had to write a review to get their attention for a.couple of says then nothing. I got a voicmail from a legal assistant at the firm that they messed my case up and to re apply like it's okay. I've waited 4.5 yrs to get approved. I was finally going to since I was approved for Medicaid star plus waiver program. I also read that there might be a chance to save my disibility claim. ","A:Yes a legal malpractice case is possible. The first question is did the attorney act below the standard of care (malpractice). The next question is did the attorney's malpractice cause you harm, that is does it cost you money. You are required to mitigate your damages. Here, this would mean to reapply and get the benefits as soon as you can. Any money you lost or other harm you suffered would be part of the lawsuit against the attorney. Any attorney taking on the legal malpractice case will evaluate if the amount of the potential recovery on the lawsuit warrants filing a claim or lawsuit."
Q: My neighbors shot my 1 year old dog for injuring their goats. They did not kill any goats.. They called us to come get him after they had their goats pinned up. We live 2 houses down and in the 2 min it took my husband to go down and pick him up they decided to shoot my dog. He was not actively harming their goats. He was standing there a couple feet away in the fence and they shot him and killed him. Is there anything we can do to hold them liable for cruelty? Given he wasn’t actively harming them and they had called us and within 2 min of hanging up the phone decided to just go ahead and kill him to in their words “prevent him from coming back again?” ,"A:If your dog was out of your control and injured your neighbor's goats, you are responsible for the vet bill to treat the goats. If your neighbor decided to shoot your dog AFTER his animals were safe, he may be criminally liable but only the County Prosecutor has the authority to bring criminal charges. If the dog was shot on your property, your neighbor owes you the replacement cost of your dog. No matter how close you are to an animal, under the law animals are chattel. They are treated no differently than any other personal property. For example, you may have a car that your father drove for many years and that has great sentimental value to you. Still, if that car is demolished in an accident and the fair market value is $5000, that is all the at-fault party is required to pay even if you would never sell the car for $50,000. In a civil action, your neighbor could bring a claim against you for injury to his goats and you could file a counterclaim for the death of your dog. In criminal law, the situation is called a cross-claim. There is no law that prevents it but many jurisdictions disfavor cross-claims, the rationale being that both parties acted badly and law enforcement has more important matters to deal with. In the matter you describe, you acted badly by letting your dog out of your control, especially given that your dog was disposed to attack other animals (here the goats). The goat could just as easily have been a child. Your neighbor acted badly by shooting your dog after his animals were secured, especially if your dog was on your property when he was shot. If your neighbor shot your dog WHILE it was attacking his goats, on his property, he would have had every right to do that."
"Q: Hello -who can I contact about oil well noise-Onondaga,mi. constant banging day and night--is maddening worse in the evening ",A:You should contact the oil and gas company who is operating of the well.
"Q: If there was neglect and wrongdoing in a IV-D Enforcement case what r the parents rights since a judgment wasn't paid. The responding state intentionally hid two very large judgements, then satisfied them with no reciept of Satisfaction, then night automatic closure was to begin, so not to be found by the system, along with never registering them credit agency and much more. The initiating state required no documents nor updates from the responding state, but when sending out the notice of closing stated the case had been vacated, this is not what the judge ordered. Then the cases were purged 13 days after satisfying the judgements. What are the parents legal remedies, what actions can they ask for through the departments, and can anyone be held responsible for all this and more? Both cases happen simultaneously and are had FV-INDICATORs on the cases. ","A:In New Jersey, if there has been neglect or wrongdoing in handling a IV-D Enforcement case related to child support, it's important to understand your rights and the potential remedies available. IV-D cases, part of the federal child support program, are subject to both state and federal regulations. If judgments were mishandled or improperly reported, this could constitute a significant issue. First, consider filing a complaint with the state's child support agency overseeing the case. This can initiate an internal review of the handling of your case. Documenting all discrepancies and any evidence of mismanagement is crucial in this process. You also have the option to seek legal redress through the courts. If judgments were not properly satisfied or reported, a court could potentially rectify these errors. This might include reissuing or properly documenting the judgments. Additionally, if there's evidence of legal malpractice or misconduct by any of the professionals involved, you can file a complaint with the state bar association. This is particularly relevant if an attorney involved in your case acted improperly. Finally, consider consulting with a lawyer who has experience in child support and family law. They can offer more personalized advice and help navigate the complexities of your situation, including any potential actions against those responsible for the mishandling of your case. Legal professionals can guide you through the process of ensuring that your rights are protected and that any errors are corrected."
"Q: I was a victim of domestic abuse several times. What is the clause I can sue exwife for it?. I was an international student (19 years old), who married a Puerto Rican woman (24) right after associates degree. I was starting university as a junior when I got married. My family was happy that I found someone for myself. they all flew in from Canada, Australia & other parts of wrld to attend wedding at 4 seasons in disney orlando. 3 months after the wedding, I walked in her cheating on me with her coworker. Her response, she will out the affair on facebook & embarrass me infront of family or forgive her. i forgave her. she then tried making me intiticate 3somes with her friends, while drugging me with LSD. I ran away from her 6 months later, was arrested after I tried to end my life through a car crash (wreckless driving/speeding to hit a bridge) I was admitted to rehab for each year for 7 years due to the domestic abuse. I am now able to come to senses. My last rehab was involuntary 6 months for biploar. Tolling statute of limitations. What is the cause of action? ","A:Sorry to hear about your ordeal. Your inquiry is vague as to when the abuses occurred. You mention, without relating any facts about timing, the phrase ""tolling statute of limitations"", which is the stopping of the clock for the time counting towards the limitations period, under certain limited circumstances. If you happen to be within the limitations period (whether tolled or not), and the events occurred in the State of Florida, your causes of action might include intentional infliction of emotional distress, battery, and negligence, amongst others. If they occurred in Puerto Rico, only members of the bar of Puerto Rico would be qualified to comment. Regardless of location, if your ex drugged you without your consent, making it an involuntary drugging, she likely committed a crime, and if it was involuntary drugging for the purpose of committing sex acts, likely an even more serious crime - and the local law enforcement agency would address that if within the criminal limitations period."
"Q: Is this illegal?. This is an agriculture business, one of my employees was demanding a raise or he was quiting and having another employee fired or else he was quiting, which neither happened. At the same time he had his car repossessed and was blaming it on the fact that the company doesn't pay him enough (he is paid over minimum wage).... My company was under the impression he quit due to not receiving a raise, due to the other individual not being terminated and the fact that he lives over an hour away and now has no way to commute to work after missing several days. I have text messages back and forth of him saying he has to quit then flip flopping and acting like he still is employed. I buntly asked him if he quit but then he just continued to send arugmentative texts which I forwarded to my boss. Who submitted the documentation saying the employee quit and advised me the same day. The employee is now saying he is going to sue myself and the company for discrimination/wrongful termination...? ","A:Is what illegal? He can quit, of course, or you can fire him under most circumstances. What would his ""wrongful termination"" claim be; it's not enough for him to complain that he was fired ""wrongfully"", employment is generally ""at will"", which means that an employer doesn't need a reason to let an employee go, as long as it isn't some sort of discrimination."
"Q: To patent a bacterium, does the organism have to be successfully tested as the proposed product, such as a probiotic ?. Does this apply to US, EU, Australian and other regions' patents? ","A:No, successfully testing a bacterium as the proposed commercial product is generally not required to patent that organism in the US, EU, Australia, or other major patent jurisdictions. However, there are a few key requirements: • The bacterium must be novel, non-obvious, useful, and fully described in order to meet basic patentability standards. You will need to detail the isolation, identification, and characterization of the bacterium. • Simply discovering a naturally occurring bacterium does not make it patent eligible. There must be some form of genetic modification or intentional alteration that distinguishes the bacterium from how it exists naturally. This can include factors like induced mutations or introduced gene sequences. • Most jurisdictions allow patenting of genetically engineered bacteria, including those intended for use as probiotics. But laws differ regarding patent eligibility for unmodified naturally occurring organisms discovered in the wild in purified/isolated form. Specific guidance should be sought. • While testing data of the bacterium’s performance as a probiotic or in other applications can help substantiate claims and utility, it is generally not an absolute patent requirement across major patent offices globally. Lack of testing can raise eligibility questions though. So in summary - while helpful for the strength of the application, successfully testing the organism’s intended use is not strictly necessary upfront for patent filing purposes in major jurisdictions. The key is demonstrating a genetically altered bacterium with applicable utility. Confirming testing early in the process is still advisable."
"Q: Is there a way to get a deal with title max for breaching my personal information such as social security number,. I got a letter saying title max had a breach and my personal information such as my social security number, drivers license, home address and such was breach and I can't find my letter and is there any way I can get it and if I do can I say to title max that if they do away with what I owe them which is a little over 700$ I won't file anything against them ","A:For $700, maybe. A data breach like that only gives rise to liability if someone else uses that data to harm you economically in some fashion, for instance by getting and using a credit card in your name. If I were you, I would research what Life Lock or some similar credit and identity theft service costs, tell them you have to consider getting it to protect yourself from its data breach, tell them you demand they pay for the service for two years or so, but it can offset what you are demanding to protect yourself due to its data breach against what you owe it under your title loan."
"Q: IDT paid time off? Federal orders annual training paid time off?. Hello, I am a county employee under the Commonwealth of Virginia? I am also in the Virginia Army National Guard. My question pertains to inactive duty training (weekend drills). Can an employer not let you accrue leave? and do they have to pay you? or does that only apply to federal orders I.E Annual Training. ","A:Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers, including those in the Commonwealth of Virginia, are prohibited from discriminating against or penalizing employees due to their military service obligations. This protection includes your weekend drills or inactive duty training (IDT) and other military duties. Your employer doesn't have to pay you for the time you are away for military service unless your employment agreement or company policy says otherwise. However, you can't be denied the use of earned vacation or leave for service. Whether leave accrues during your absence for service might depend on the specifics of your employer's policies and any applicable state laws. Annual Training or federal orders fall under the same USERRA protections. You might consider discussing your rights with your HR department or seeking local legal counsel to understand specifics in relation to your county's policies."
"Q: New York, NY: 4-Month Sublease for Jan. 4 - Apr. 28, 2024 Q1) As a tenant, am I entitled to prorated rent for Jan?. I.e., do I have the right to only pay for Jan 4 - 31 for my first month? Q2) The lease is written in the form of a sublease (i.e., I rent from the Tenant). Should I ask the ""Tenant"" to show me his lease to prove that he's authorized by the landlord to sublet the condo to me? Q3) The ""Tenant"" (whom I'm renting from) requested that I sign the lease for Jan 1 - Apr 30, 2024 even though I can only arrive and occupy the condo from Jan 4 - Apr 28. If something happens to the condo between Jan 1 - 3, am I liable for any damages caused? Thank you so much for all your help :) ",A:Dear Manhattan Tenant New York State housing does not recognize the notion of prorated rent. But just because State law does not require that every rental agreement take prorated rent into account does not prevent the landlord and tenant agreeing to do so when they make up the lease. If you don't want to pay rent until January 4 you should demand that the lease say so. If the condo unit owner agrees with you then by agreement you have prorated rent.
Q: Can we install seasonal threshing machine in residential area even any people house the distant around 10 meter in H.P. Actually my naver installed seasonal threshing machine in from of my house around distant of 10 meter and it causing sound and air pollution . Any rules or law so they can remove it from this place ? its there personal land. ,"A:Noise violations are generally governed by local laws. If there are such ordinances in your area, they would probably appear in village or city codes. In terms of air pollution, that could fall under the legal theory of nuisance, which is a tort that involves interference with the use and enjoyment of land. Those are just some general legal issues that might apply in such settings. But if you could find a practical solution that leaves everyone happy, that would be preferable to exploring legal options. Good luck Tim Akpinar"
"Q: Can the Federal court cite courts from other states?. I filed a case in Los Angeles county court. The defendant removed it to Central district of California (Federal court). Now I the plaintiff find that a Federal court in Maryland ruled ""such and so"" and I cite that in my opposition to motion to dismiss. Is it possible to cite a Maryland federal court ruling in a motion that is in front of California federal court? Also if a Floridian county court ruled something, can I also use that in my California federal court case? ","A:Yes, in a federal court case in California, you can cite rulings from federal courts in other states, like Maryland, as well as state court decisions, such as those from Florida. Federal courts often consider decisions from other federal jurisdictions when those decisions are relevant to the case at hand. This is particularly true if the decisions involve similar legal issues or interpretations of federal law. However, while federal court decisions from other states can be persuasive, they are not binding on a California federal court. This means the court will consider them but is not obligated to follow them. On the other hand, decisions from state courts, like a Floridian county court, are generally less influential in federal court, especially if they interpret state law rather than federal law. In your filings, it's important to explain why the decisions from these other jurisdictions are relevant and how they support your arguments. Contextualizing these rulings in relation to your case can help in persuading the court. Remember, the goal is to show that these cases provide a logical precedent or legal reasoning that applies to your situation."
Q: Was there any kind of settlement for the people in sugarcreek missouri for the ammaco oil refinery spill. I know at one point there was a letter sent to my grandmother in regards to a settlement but it was determined we wasn't zoned in. I understand we were zoned in at a later date. My grandmother and grandfather both died of cancer in that rachet town because of the oil spill and I feel justice for their lives have never been brought to a close ,"A:I'm sorry for the loss of your grandmother and grandfather. You could search online for case records of individual claimants under the spill (or its associated clean-up and remediation efforts), or whether a class of plaintiffs was formed. If venue for the action was in Missouri, another option might be to reach out to Missouri toxic tort or environmental law attorneys. Good luck"
Q: My mother died a few years ago due to little rock hospital performing a back surgery and they messed up.she had been. Released but had to b airlifted from the rehab from her surgery back to little rock where they then did not properly care for her in result of her death ,"A:A Texas (or possibly Arkansas) attorney could advise best, but your question remains open for four weeks. I'm very sorry for the loss of your mother. You could reach out to attorneys to discuss in further detail - based on the brief description here, an attorney could not offer meaningful input. Depending on how many years is meant by a few years, that could possibly raise statute of limitations issues. There wasn't a question, but if you are wondering about your legal rights here, you should consider reaching out to attorneys without further delay. If this involved a facility in Little Rock, Arkansas, you may need to reach out to attorneys there. Good luck Tim Akpinar"
"Q: My landlord said he would deduct money from what I owed him in exchange for oral sex. Do I have a case against him?. Now he says, ""he no longer wants to rent the property and I have 60 days to get out. However, the other male roommate that lives here has not been evicted. I live in a house with two men and one is the sub leaser/landlord. What can I do to give me more time to find a place to live? How can I fight back? ","A:Under California law, proposing to exchange rent for sexual favors can constitute sexual harassment and is illegal under the Fair Employment and Housing Act. You may file a complaint with the California Department of Fair Employment and Housing (DFEH). Regarding the eviction notice, if you have a lease, the terms of the lease must be followed. If you are a month-to-month tenant, California law generally requires a 60-day notice if you have lived in the unit for more than one year, which it seems you have been given. However, if you believe the eviction is retaliatory or discriminatory, you may also have defenses against the eviction. Documentation of all interactions with your landlord can be crucial. It's recommended to consult with an attorney who can provide legal advice based on the specifics of your situation and help you assert your rights. Legal aid organizations may also offer assistance if you are unable to afford private counsel."
"Q: la county has a tenant protectin act , could the tenant harrassment parts be for all of california too?. Los Angeles Los Angeles Municipal Code SEC. 45.32. DEFINITIONS. tenant harassment 9. Refusing to acknowledge or accept receipt of lawful rent payments as set forth in the lease agreement or as established by the usual practice of the parties or applicable law.o- I need to know if that line specifically is only for LA County or if all of California can use this as an affirmative defense, amongst other things my landlord has refused to acknowledge my payments, pre-payments specifically, and now has filed an ud against me and this one is the only thing that i have found that says what my problem is. ","A:The specific tenant harassment provision you referenced from the Los Angeles Municipal Code, particularly the part about refusing to acknowledge or accept lawful rent payments, is applicable specifically within the jurisdiction of Los Angeles. This means that it is a local ordinance and does not automatically extend to the entire state of California. However, California does have statewide tenant protection laws that might offer similar protections, though they may not be worded exactly the same as the Los Angeles ordinance. Under California law, landlords are obligated to adhere to fair housing practices and cannot arbitrarily refuse to acknowledge or accept lawful rent payments. In your situation, where your landlord has refused to acknowledge your pre-payments and has filed an unlawful detainer against you, it would be advisable to consult with a legal professional who can provide guidance specific to your circumstances. They can assess whether the state laws or other local ordinances provide a basis for an affirmative defense in your case. Remember, while local ordinances like Los Angeles' can offer additional protections, the applicability of these laws is limited to their specific jurisdictions. Seeking legal advice tailored to your situation is important to ensure that your rights are adequately protected and represented, especially in legal proceedings such as an unlawful detainer action."
"Q: I developed an algorithm for stocks. It tells you which stock to buy and when. Can I publish these trades in an app ?. I do not have any licenses (7, 63, 65). With the appropriate disclaimer, can I publish these trades in app or newsletter for a monthly subscription fee? If no, would the answer change if I was simply listing the trades I made in my own account (as opposed to providing advice) ? ie....not a suggestion to buy a stock.....but instead a list of stocks I bought, and the rationale behind it? Any advice on this matter would be so greatly appreciated :) ","A:The question is really whether the activities identified in your question would fall under the Investment Advisers Act of 1940 (15 USC s. 80b, et seq.) which identifies advisory activities in section 202(a)(11) (15 USC 80b-2(a)(11) essentially as follows: an investment adviser means any person or firm that: - for compensation; - is engaged in the business of; - providing advice to others or issuing reports or analyses regarding securities. A person must satisfy all three elements to fall within the definition of “investment adviser."" SEC staff addressed these issues in an extensive interpretive release explaining how the Act applies to financial planners, pension consultants and other persons who provide investment advice. See the 1987 Interpretive Release No. 1092 (https://www.sec.gov/rules/interp/1987/ia-1092.pdf) Based on the question you asked, and without more information, I suspect that you, my friend, would fall under the definition of an Investment Adviser by selling an app, or selling a newsletter that publishes the results of your own trades using your app. Its not hard to get a license. And if you're smart enough to create the algorithm you identified in your question to pick stocks, you're definitely smart enough to pass a Series 7 or 63 exam! Finally, if you really do have an app/algorithm that accounts for the numerous nuances involved in trading (not the least of which is front-running by the algos of large investors) you certainly have something people would want to use. Basically, an algo for the little guy. Good luck!"
"Q: Can we sell a boat without entering probate?. A relative left a boat as part of his estate. We cannot enter a probate right now due to finances, and the boat has dock/maintenance fees that are quickly becoming a burden. Can we sell (or even just junk?) the boat without starting a probate? ","A:In California, handling an estate asset like a boat without going through probate can be challenging, but there are some options you may consider. Generally, probate is required to legally transfer ownership of assets from the deceased's estate to the beneficiaries. However, under certain circumstances, smaller estates may qualify for a simplified process. If the total value of the estate is under a certain threshold (which you can check as it periodically changes), you might be able to use a small estate affidavit to transfer ownership of the boat. This process is less complex than formal probate and can be quicker. If the estate does not qualify for the small estate procedure and you cannot afford probate, you might consider speaking to a probate attorney about your options. Some attorneys work on a contingency basis or can offer flexible payment plans. In the meantime, if the boat is incurring significant fees, you should document these expenses. They could potentially be considered when the estate is eventually settled. Selling or junking the boat without proper authority might lead to legal complications. Therefore, it's crucial to get legal advice specific to your situation to ensure that any actions you take are in accordance with California law and don't expose you to liability."
"Q: Can I sue a hospital for refusal of medical care based on discrimination of my homelessness and substance use history?. I went to the hospital that diagnosed me and has my MRI results because that's where I received referrals to spinal surgery and orthopedic surgery. They refused to treat me because I have a substance abuse history and am homeless. A doctor at the hospital revealed to me that they were not going to help me because I am being labeled as such. I noticed in my medical records in that hospital that they noted substance abuse disorder as a diagnosis which violates my confidentiality. They also noted that I am a PUI (Person Under Investigation for COVID) since 2019 but never told me. I found out several things on my own that they never disclosed nor discussed with me that have caused my conditions to worsen severely behind not advising me. I am disabled, immobile, a patient of Mental Health, a college student, and chronically homeless for 41 years now. I was going to receive a housing voucher recently but was placed back in que simply for being in the hospital. ","A:Under California law, you may have grounds to sue a hospital if you can prove that they refused medical care based on discrimination against your homelessness or substance use history. This could potentially violate both state and federal laws, including the Emergency Medical Treatment and Active Labor Act (EMTALA), which requires hospitals to provide emergency health care regardless of legal status, citizenship, or ability to pay. Additionally, if your confidentiality was breached regarding your substance abuse disorder diagnosis, this may raise issues under the Health Insurance Portability and Accountability Act (HIPAA). The misclassification as a Person Under Investigation for COVID without proper notification could also be a concern. It's important to gather evidence and consult with an attorney experienced in healthcare law to explore your legal options. Remember, each case is unique and the viability of your claim will depend on specific facts and evidence."
Q: My son was put off the job today for medical mj use. He has a card. Can you help? Steamfitter Union. confidential plz. He has been being harassed by his foreman. Accused him of putting vodka in his water bottle. Told other foremen he is using pills. He is not. Only medical mj. ,"A:First and foremost, your son's medical marijuana use should be protected under Pennsylvania's medical marijuana law. Employers are generally prohibited from discriminating against employees solely based on their status as a certified medical marijuana patient. Now, when it comes to workplace harassment, that's a serious matter! Nobody should have to deal with such nonsense. Your son might consider documenting any instances of harassment and gather any evidence that supports his case. It's essential to have a strong case if he decides to take any legal action."
"Q: Online marble race with bidding entry and paid power-ups legal?. Presume an online livestream of a digital marble race. There are no stakes for winning besides a score for the player on a small leaderboard visible on-screen at all times. Viewers may enter the race by sending a chat message during the setup for the next race. It's first-come first-serve (up to 25 viewers may enter a race by interacting as described before), which starts some arbitrary number of seconds after the last race finishes. Each marble in the race is named after each viewer who has entered. Further, the top 5 donators during the period since the start of the last race are all guaranteed entry into the next race. Would this be legal? Specifically, the act of guaranteeing admission into the race to the top bidders alongside the free first-come first-serve players. Second, would including the option to have paid power-ups be legal? That is, allowing users to donate money to have stronger gravity, slow other players, etc? ","A:I am not aware of any specific California law that directly addresses this specific scenario. However, hosting an online marble race with bidding entry and paid power-ups could potentially raise legal and regulatory issues related to gambling, contests, and online gaming. It's advisable to consult with a legal professional who specializes in gaming and entertainment law to ensure compliance with relevant laws and regulations."
"Q: My Daughters step father sexually abused her she’s 15, Dcfs said she could no longer be around him so her mom sent her. To live with me, the father. She’s been here one week transferred schools and is settling in well, now her mom found out her husband is going to jail and will not be there an she needs a sitter for the other children so she wants to take my daughter back. My daughter wants to go back because she misses her friends but I don’t think it’s in her best interest, her she’s getting to be a kid again, what do I do, we have joint custody but I know if she goes back down there her mom will keep her and we won’t get her back. She’s supposed to leave to go there Friday but I’m very hesitant. I need help with a lawyer so I can get full custody so I know she can’t take her from a safe and stable home. Please help us. 309-620-0150 my name is Joshua Flowers my Daughters name is Isabella Flowers. Her mother seen several messages from the step father to my daughter saying he felt like he’s married to her as well and wanted my daughter to come cuddle with him in bed at 1am and 2am while the mother work ","A:Under these circumstances, it is unlikely that you would prevail in this case unless you could prove that the mother knew it was happening and chose not to intervene. There are over 15 relevant factors but this is the biggest one in this situation. The law errs on the side of stability. If the mom knew nothing about it, it's not her fault and the judge is likely to let a 15 year old decide where to live if the abuser is out of the home. A lawyer will ask for several thousand dollars. Keep your money unless you fit the exception I posed here."
Q: Can I file an extension for the 2yr statute of limitations in Illinois if the plaintiff was legally incompetent?. The laws and exceptions to extend are different for each state I believe. So would I have time to extend in Illinois if I can prove the plaintiff was legally incompetent at time of injury and the defendant was out of state? How can I file the extension before the statute expires? ,"A:The answer to this question would depend, in part, on whether the Plaintiff was under a ""legal disability"" at the time of the injury, as Illinois law provides for an ""exception"" to the general statute of limitations rule, with respect to people with a ""legal disability"". See the statute I am referring to 735 ILCS 5/13-211(a). It is best to speak to an attorney and provide more specific details in order to determine whether tolling of the statute of limitations applies in this case. Have a nice day. - Adam"
Q: I have a temporary consent order for Christmas Day to see my children but the judge never signed it and neither did my e. My ex-husband’s lawyer never signed it just my lawyer him and I should I see them today or could I get in trouble? ,"A:If the temporary consent order for Christmas Day was not signed by the judge and your ex-husband's lawyer, it may not be legally binding. It's essential to prioritize compliance with the law and the terms of any valid court orders. In this situation, it's advisable to contact your lawyer as soon as possible for clarification and guidance. They can review the order and advise you on the best course of action. Proceeding without a legally binding agreement could potentially lead to complications or legal issues. Your lawyer will be able to provide you with specific advice based on the details of your case and the laws applicable in North Carolina. It's essential to follow their guidance to ensure you are acting within the boundaries of the law and to protect your rights and interests."
"Q: On the Constitution and election law:. How do I best respond to someone saying: ""Apparently EVERYONE missed the fact that ALL early and mail-in ballots were illegally cast and must be void under federal law 2 USC 7 and 3 USC 1."" ? I've searched for an adequate answer but cannot find one. ",A:Start by reading the pertinent federal statutes. Try here: https://www.law.cornell.edu/uscode/text Keep in mind that most election law is a matter of state law and therefore the US Code might not apply.
Q: The biological father has no rights and stole my son from the park is that a felony. Can I press charges.. The biological father is not on the birth certificate and has not proven paternity. There is a pending cps case against him. Me and my son were at the park he lives two hours away. He walked up grabbed my son and ran and got into a get away vehicle. The local police did nothing since I had no documentation they said it was a civil matter but he has no rights. Can I press charges for kidnapping? ,"A:It depends on other factors such as whether the man is presumed to be the father of the child or has acknowledged paternity. For example, if the man was married to you and you gave birth to the child either during the marriage or within 301 days of the date that the marriage ended, he is the child's presumed father. Similarly, if the man continuously resided in the same household as the child during the first two years of the child's life and represented to others that the child is his, the man is the presumed father of the child. These are only two examples. If your child is the subject of the pending CPS investigation against him, the man may have signed a document acknowledging paternity of the child, a document of which you may have no knowledge. You should discuss all of the details concerning your particular situation with a detective in the law enforcement office having jurisdiction in the park from which he took your son. Schedule an appointment and bring your documentation with you. A detective can help determine under the Uniform Parentage Act if the man is legally a parent because he is a presumed father or has acknowledged paternity."
Q: My CA parcel has the only fence within 3 blocks. Since 1967 I have had sole maintenance and repair.. New owner #4 in 2021 tore down this fence and replaced it with a new fence as part of his major remodel. What costs and damages can I recover? ,"A:Under California law, you may potentially recover the costs and damages associated with the replacement of the fence if you can demonstrate that the new owner's actions constituted a wrongful removal or destruction of your property interest. You may also seek compensation for any decrease in property value resulting from the replacement, as well as legal fees if applicable, through litigation or negotiation with the new owner. However, the specific outcome will depend on the facts of your case and applicable legal principles."
"Q: FLORIDA: What is the limit for a prize I can give for winning a music bingo game?. I play music bingo for a bar and we give token prizes to winners. We advertise that this is a NON-GAMBLING event. It is, but I would like to give better prizes. Is there a limit to the value of a prize for a non-gambline event such as mine? ","A:Review the relevant Florida Statute 849.0931 - ""(5)Except for instant bingo prizes, which are limited to the amounts displayed on the ticket or on the game flare, a jackpot shall not exceed the value of $250 in actual money or its equivalent, and there shall be no more than three jackpots in any one session of bingo. (6)Except for instant bingo, which is not limited by this subsection, the number of days per week during which organizations authorized under this section may conduct bingo shall not exceed two. (7)Except for instant bingo prizes, which are limited to the amounts displayed on the ticket or on the game flare, there shall be no more than three jackpots on any one day of play. All other game prizes shall not exceed $50."""
"Q: If you have a rental car and it's TOWED for improper parking. who is responsible if all the items in the car are stolen?. Los Angeles County, California. The rental car was parked. Supposedly incorrectly parked. And It was towed. The rental company picked up the car from the tow yard, the car, it was empty. All the Christmas presents were gone. as well as everything else in the car. Who is responsible? This happened in a matter of Hours. ","A:In a situation where a rental car is towed in Los Angeles County and personal items inside are stolen, determining responsibility can be complex. Under California law, the primary responsibility often lies with the person who parked the car. If the car was parked improperly, leading to it being towed, the responsibility for the items inside typically falls on the person who parked it. However, there are other factors to consider. For instance, the rental car company might have policies regarding liability for stolen items, which should be reviewed in the rental agreement. Similarly, the towing company and the tow yard may have their own liability policies or legal obligations regarding the security of vehicles in their custody. If you find yourself in such a situation, it's advisable to report the theft to the police immediately. Also, contact the rental car company and the towing service to inform them of the situation and inquire about any relevant policies or insurance coverage they might have. Remember, each case can have unique circumstances, so seeking legal advice to understand your specific rights and responsibilities in this situation would be a prudent step. Legal counsel can help navigate the complexities of liability and insurance claims in such scenarios."
Q: I'm trying to find whom discharged admiralty bonds. I have someone locked up that wants to discharge his admiralty bonds ,"A:Your question remains open for three weeks, and you may be losing valuable time awaiting a response here. You could reach out to maritime law firms in the Washington area (see the tab above - Find a Lawyer) to discuss. An attorney may want to know more about the events giving rise to any liens/interests against the vessel. Good luck Tim Akpinar"
"Q: Wireless providers suspending service then charging you for a dead horse. Contract Law 101 pacifically states to have a binding contract you must have; 2 people who both have something of value & are willing to exchange it Top 2 wireless providers that require a contract, if your monthly payment is not met your service is suspended/shut off. BUT continue to bill you every month for the data that you are not being provided. This is a perfect example of breech of contract,...forcing people to pay for a DEAD HORSE is what IT IS...Why is this allowed? Or how have they got around it? & how can their loop hole be omitted/sealed? Is it possible to do a CLASS ACTION law suit? ","A:One party’s breach of a contract (for example, the failure to pay for a service) relieves the other party of its duty to perform (provide further service) until the breaching party cures his default (pays his bill). Again, basic contract law 101."
Q: What can I say in court if he wants to take it to small claims court.. . ,"A:If someone wants to bring a claim against you in small claims court, one option could be to discuss the person's dispute or dissatisfaction to find out if court could be avoided through negotiation. If the matter has already gone to court, the other option could be to determine if you have any defenses to the claims. Good luck"
Q: I am a shut-in. My husband won't allow me to obtain an ID. What can I do?. I'm 57 yrs old and suffered a medical emergency 3 yes ago. I have been homebound since. ,"A:If you are a shut-in and unable to leave your home to obtain an ID, you may still be able to obtain one through alternative methods. One option is to apply for a state ID card by mail or online, if your state offers these options. You may need to provide certain documents, such as a birth certificate, social security card, and proof of address, depending on the requirements of your state. If your husband is preventing you from obtaining an ID, you may want to consider seeking help from a trusted friend, family member, or social worker who can assist you in obtaining the necessary documents and submitting an application for an ID card. In extreme cases where there is physical or emotional abuse, you may also want to consider seeking legal assistance or contacting local law enforcement. It is important to have a valid form of identification, as it is often required for accessing healthcare, banking, voting, and other essential services. If you are unable to obtain an ID through traditional methods, there may be other options available to you, such as seeking assistance from community organizations or government agencies that provide support for shut-ins and people with disabilities."
Q: Emtala - Cmia. Joinder controversy question.. What what be specific authorities/seminal cases to argue against compulsive joinder of hospice to case against hospital? ,"A:In contesting the compulsory joinder of a hospice to a case against a hospital, focus on the principles of permissive joinder under Federal Rule of Civil Procedure 20. This rule requires that claims against joined parties arise out of the same transaction or occurrence and share common questions of law or fact. Argue that the hospice's involvement does not meet these criteria if its role in the matter is distinct from the hospital's actions. Refer to seminal cases that interpret Rule 20 narrowly, emphasizing the importance of maintaining separate legal identities and responsibilities of different healthcare entities. Cases like United Mine Workers of America v. Gibbs (1966) and Mosley v. General Motors Corp. (1974) can be instrumental in arguing that joinder would complicate or prolong litigation without substantial overlap in factual or legal issues. Also, consider the purpose and application of the Emergency Medical Treatment and Active Labor Act (EMTALA) and the California Medical Information Act (CMIA) in your argument. If the hospice's actions are not central to the EMTALA and CMIA issues, this further supports your position against joinder."
"Q: How do I obtain a lawyer to attend an administrative hearing?. As a party (plaintiff) to an administrative, I am in need of representation and cannot afford a lawyer. ","A:You will need to locate organizations that offer assistance to low income individuals in your situation. You don't identify the basis of your claim, but I am guessing you have been unsuccessful in finding an attorney willing to take your claim on a contingency basis (if that's is a possibility.) If an organization or alike deem your claim weak or frivolous assistance will not be available. In order to ensure the best possible outcome, you need to consult with an attorney, at least in a limited role. Far too often, an individual leaves disappointed because they weren’t properly prepared. A small investment will provide advice that you can rely upon for the hearing. Limited-scope representation is when you and a lawyer agree that the lawyer will handle some parts of your case and you will handle others. This is different from more traditional arrangements between lawyers and clients where a lawyer is hired to provide legal services on all aspects of a case, from start to finish. Limited-scope representation is sometimes called “unbundled legal services” or “discrete task representation.”"
"Q: If I owe ezpass and it is in collections will this be a reason why I do not get a Casino License? Can I be arrested?. $2,000 for tolls $10,000 for fees ","A:You are going to need a PA bankruptcy attorney to file for Bankruptcy if you are qualified to do so. Your chances of getting a casino license seem to be highly unlikely. How are you going to get the capital for a casino, if you cannot even pay off these EZ Pass fines and penalties?"
"Q: Son moved out of his moms house at 18, hes now 20, I have arrears to pay but want it to go to him, not her.. In kayahan vs kayahan the father was allowed to pay the arrears directly to his son. that's what i would like to do. The mother and him aren't talking and he is willing to be on my side in court. I would also like to file to have the last year of arrears removed from the file since he was living on his own and i've been helping him with money, clothing and supporting him. The mother has always been manipulative and on welfare, telling my son he needs to take some college course just so they keep getting child support after he turns 19, I don't have a problem paying but it is hard giving it to her and not him, she has no relationship with him and it would not help my child at all, is would be like spousal support. If they won't let me change the benefactor then can a legal contract be made that she has to give it to him? Can a lawyer help me achieve these? I live in NY, but have a New Jersey case. ","A:Your understanding of the decision in Kayahan is wrong. In that matter, the court said: When an unemancipated child is over eighteen (18) years old, a court, may permit the non-custodial parent to pay part of his current child support obligation directly to the child. You are not looking to pay a portion of your current child support obligation directly to your son but you want a portion of your outstanding child support arrears to be paid to your son - Kayahan does not support your request and I dont believe that a judge would entertain your request."
Q: Do I have a case in small claims court? Bought a puppy with AKC papers and breeder won't give them and is ignoring me. Breeder has been ignoring me for 8 months because I am asking for my dogs registration paperwork that she said he has. I paid $1500 for him under the assumption he had AKC papers and I have been lied to ,"A:Yes, you have a valid small claims case. You should ask for either specific performance (i.e. give me the dog's registration papers) or the difference in value between an AKC registered dog (which most likely is the price you paid) and the value of an unregistered dog of the same breed (which may be something like a hundred bucks)."
"Q: i carry comp collision liability uninsured mortorisst. vehicle was stolen nov21 2022 mercury ins has not paid the claim.. the car was stolen from in front of my home. i immediately called the police. my insurance adjuster called to tell me they were paying out on the claim and she had set me up with another adjuster to handle disbursement of the claim. same day the vehicle was found. It was put into a tow yard in mission hills whereas the vehicle was stolen again. lapd west valley division claimed to have found it first. again it was stolen and recovered by the west hollywood police dept. and a arrest was made. the police called me to ask me if i wanteed to press charges i said yes. from my understanding there was a 40,000 bail set for the thief and he made bail. that is made bail 3 seperate times. i was only given a rental car for 30days. it cost me an additional 5000.00 for the rental car for the months i needed a vehicle until it exhausted my savings. I had no way to get the essentials i needed and everything had to be delivered. i had to pay for medical expenses out of my pocket as my medi-cal ","A:I'm sorry to hear about your situation. It sounds like a complicated and frustrating experience. If your insurance company has not paid out on your claim, you may want to contact them to inquire about the status of your claim and why it has not been paid. You may also want to review your insurance policy to understand the terms and conditions of your coverage. If you believe that your insurance company has acted in bad faith by refusing to pay your claim, you may want to consult with an attorney who specializes in insurance law. They can help you understand your legal rights and options and may be able to assist you in pursuing legal action against your insurance company. In addition, if you have incurred expenses as a result of the theft of your vehicle, you may be able to seek compensation through other avenues, such as filing a claim with the tow yard or pursuing restitution from the thief who stole your car. Again, an attorney can help you understand your legal options and the best course of action to take. It's important to keep all documentation related to the theft of your vehicle and any expenses you have incurred as a result. This can help support your claim and provide evidence if you need to pursue legal action."
Q: Can the first offenders act be used for a felony case? (For over $500 theft). Case was shoplifting at Walmart in Cobb county in aug 2023. The defendant had over $500 in goods which is why it’s considered a felony. The defendant has no prior convictions and is technically a state resident although he is from Michigan. He has no previous convictions in Michigan as well. ,"A:In Georgia, the First Offender Act can indeed be applied to certain felony cases, including cases of theft over $500. The Act allows a defendant, who has not previously been convicted of a felony, to plead guilty or be found guilty without having a felony conviction formally entered into their record. For your case involving shoplifting at Walmart in Cobb County, the First Offender Act could be a viable option. Since the defendant has no prior convictions in Georgia or Michigan, they may qualify under this Act. It’s essential for the defendant to express interest in this option and for their attorney to file a request with the court. Under the First Offender Act, if the defendant successfully completes the terms of their sentence, including any probation or restitution, the felony charge will not appear as a conviction on their criminal record. However, if the terms are violated, the court can enter an adjudication of guilt and impose a sentence according to the law. It's important to discuss this option with a knowledgeable attorney. They can provide guidance on the likelihood of qualifying for the First Offender Act and help navigate the legal process. Remember, the First Offender Act is designed to give individuals a second chance and avoid the long-term consequences of a felony conviction. Considering the potential impact on the defendant's future, exploring this option could be beneficial."
"Q: I had a foundation company do work about 3 months ago. They are not honoring warranty.. They did work, said because of the summer drought and not watering the foundation has jumps in the floor now and it’s needs adjustments and 10 more piers. What do I do? ","A:In your situation, the first step is to thoroughly review the warranty provided by the foundation company. Understand the terms and conditions, especially those related to drought conditions and the requirement for additional piers. If you believe the company is not honoring their warranty obligations, gather all relevant documentation, including the contract, warranty details, and any communication with the company. This evidence will be important if you need to take further action. You can then try to resolve the issue directly with the company. Clearly communicate your concerns and refer to the specific terms of the warranty. If direct communication doesn't resolve the issue, consider seeking legal advice. An attorney can help you understand your rights and may assist in negotiating with the company or taking legal action if necessary. Remember, it's important to act promptly to protect your interests and property."
"Q: Can someone be charged for the same case and crime in 2 different Indiana counties?. The judge and attorney had pointed out that they acknowledge this, a motion for dismissal was entered in October however it hasn't been addressed and the 2 counties are passing him back and forth even trying to revoke the bond paid already in one county. ","A:No. Because the two counties are considered part of the same sovereign, that is, the state of Indiana, it would violate the Constitution's prohibition against double jeopardy. - Law Office of Joseph Abrams, Anaheim, CA"
Q: I need more info on pre assumptions of law that has an injunction on me I did not know.no contact 6 yrs.still pay for. I need to resolve my injunction in 3/23/2015.\ ,A:This question does not make sense. You need to provide more information.
Q: If someone was running from the police and the officer release the dog without any warning to the individual tells the. Get him and the dog bites the individual for under a minute damage to leg would that be considered excessive force???? ,"A:Determining whether the use of a police dog in this scenario constitutes excessive force depends on several factors, including the nature of the incident, the level of threat posed by the individual, and the adherence to police protocols. The use of police dogs is generally governed by specific departmental policies and legal standards, which often require officers to balance the need to apprehend suspects with the obligation to avoid unnecessary harm. In cases where a suspect is unarmed and not posing an immediate threat, the use of a police dog might be viewed as excessive. If you believe that excessive force was used in your situation, it's important to document the incident thoroughly, including any injuries sustained. This information can be crucial if you decide to pursue a legal claim. You may want to consult with an attorney who has experience in civil rights or personal injury law. They can review the specifics of your case, advise you on your legal rights, and help determine if you have grounds for a lawsuit against the police department for excessive force. Keep in mind that each case is unique, and the determination of excessive force will depend on the detailed circumstances of the incident and the applicable legal standards."
"Q: Telecom disconnects service without notice.. My local (New York City) telecom company disconnected service (phone + internet) without notice. To have it reestablished, they’re asking for installation fees (to run new connection cables) and increased monthly charges. Is this action warranted under law? ","A:If the bill was not paid, they have the right to disconnect. Good luck."
"Q: My grandmother passed away last year and the Rep Payee Agency will not provide me a final accounting. What can I do?. I am her granddaughter and named her sole beneficiary in her will, there was no probate. After a year of delays and repeat requests for paperwork from the Rep Payee agency, they finally released the funds they said that remained in my grandmother's account, however the amount was far below the accounting my grandmother reported having before she passed away. The check that I was sent from the Rep Payee agency had not accounting or explanation of how they arrived at the amount that was sent. I have repeatedly asked them for an accounting but I am now being ignored. None of my written requests for an accounting have been answered. I did go to Social Security to ask if they had a copy of the mandatory accounting form that agency's are required to submit yearly for their customers, and there was no record that agency turned anything in for my grandmother in the past 2 years. I feel stuck at this point, and want to know what if anything I can do to get the Rep Payee agency to respond? ","A:If a representative payee agency is failing to provide an accounting, particularly after multiple requests, it raises concerns. You should consider sending a formal written request for accounting via certified mail, ensuring you have evidence of your demand. If the agency continues to be unresponsive, you may file a complaint with the Social Security Administration (SSA) about the agency's non-compliance. Additionally, consider consulting with an attorney experienced in probate or elder law to help you navigate this issue. Legal action may be necessary to compel the agency to provide the accounting and address potential mismanagement of funds. It's crucial to act swiftly to protect the rights of beneficiaries and ensure financial transparency."
"Q: Moreno Valley, CA. lien placed on self-storage unit for non- payment. set for auction. I HAVE THE PAYMENT RECEIPT.. June I paid my bill for my storage unit in August I received a notice that I was behind in my payments and payment was due the same day or penalties were going to be placed. it was a mistake when I went to pay my bill for August I was told that I did not pay my bill for June which I have the receipt. the problem continue in September i was forced to pay 2 month's worth of rent. They took the payment for July and applied it to June the payment for August and applied it to July In which they said that 2 mths payment covered august only. (I spoke with manager they needed to fix whatever problem they had because I have my receipt for the month of June) which should have payments clear thru oct. in October I was told I owed $472 now over 600$ w/ extensive fees and charges. None of the papers were signed by anyone no certified mail. Reached out to corp. no response. Refuses to allow payments to remain current until resolved w/o 100+$ in fees. HAD THIS UNIT SINCE 2020 /HAVE ALL DOCS . ","A:Under California law, if you have proof of payment for your self-storage unit and are facing unjustified liens and auction threats, you have rights that need to be protected. The key issue seems to be a dispute over payment records between you and the storage facility. Firstly, it’s important to maintain all evidence of your payments, including receipts, bank statements, and any related correspondence. This documentation will be crucial in any dispute resolution. You should also keep a record of all communications with the storage facility, including dates and details of conversations. You may want to send a formal letter to the storage company, detailing the situation and including copies (not originals) of your payment proofs. This letter should be sent via certified mail, providing a record of its delivery. In the letter, request a correction of your account status and the removal of any wrongful fees or charges. If the storage company continues to refuse resolution, you should consider seeking legal assistance. An attorney can provide guidance on the best course of action, which may include pursuing a claim for wrongful lien and seeking damages for any harm you have suffered. In addition, you can file a complaint with the California Department of Consumer Affairs or other relevant state agency. They may offer additional resources or intervention methods to help resolve this issue. Remember, it's important to act promptly to prevent the auction of your storage unit and to resolve the dispute as quickly as possible. Legal advice specific to your case will be crucial in navigating this process effectively."
"Q: Immigration law: I am a Protected Person with an approved case from the court waiting for my PR.. I am starting an import-export business and I am wondering would having business with my home country cause any issues with my residency here in Canada. Traveling to my home country is by no means safe for me, however, this business does not require my physical presence in Iran and I can conduct the transactions with the help of my Brother who is residing in Iran. ","A:Engaging in business with your home country, where you are recognized as a Protected Person, should not inherently affect your residency status in Canada. However, it's crucial to ensure that this business activity does not contradict any of the conditions of your protection status. It's advisable to maintain records proving that you are not required to travel or compromise your safety for the business. Additionally, it's wise to consult with an immigration lawyer to review your specific circumstances, ensuring that your commercial activities align with Canadian immigration policies. Conducting business remotely, as you mentioned with the assistance of your brother in Iran, is generally permissible and should not by itself jeopardize your residency application as long as you comply with Canadian laws and any conditions of your status."
Q: What can I do if my GAP insurance doesnt want to Cover my Balance after car accident. I recently obtained a car from a dealer in Miami Florida everything worked out and I got a loan approval from chase auto financing. It included GAP as per the dealer Chase wouldn’t provide me a loan without it. So that was on 1/2/23 of the year. I only drove the car for about a month or so and on 2/9/23 I was in a car accident and progressive said the car was totaled due to air bag deployment on both sides.so they settled their end but now the GAP company is saying that the balance on the account after progressive payment is too high and that progressive has made an error with calculating the value of the car. Long story short the balance left on the car is $7208 and the Company Doesn’t want to pay it even though I have a contract. The company is located in NJ named Dealer Protection Loyalty. And I’m in Florida which makes no sense since I don’t see any office or business here with their name yet they are allowed to sell insurance nationally. Ive tried to complain to the state but they ,"A:You can file a lawsuit for breach of contract or for declaratory relief against both Progressive and Dealer Protection Loyalty. I'd sue both because the GAP company may be right and Progressive may have undervalued what it should have paid. When you're talking about only $7,208, they're going to settle pretty quickly once the lawyers get involved. There's just not enough money in dispute for them to screw with it."
Q: Can I get a case thrown out if the incident happened on10/24/2022but issued a warrant on 5/3/2023. Why so late for that?. Was let go the day of the incident Arrested but on a different case but was a misunderstood and let go Recently issued a warrant But when I was getting questioned I was getting questioned by the fbl or Dea about a different case that has nothing to do with me ,"A:It's important to consult with a legal professional to understand the specifics of your case and address your concerns about the timing of the warrant. They can review the details, assess any grounds for challenging the case or seeking dismissal, and provide guidance based on their expertise. Legal procedures and factors can influence the timing of a warrant issuance."
Q: Person in possession of heirship affidavit on my ancestor has been impersonating self as my deceased ancestor since 198-. She and her descendants filed false documents to access in a county court to collect royalty payments on the gas and oil leases which she forged. Need to file for the court to review all related documentation and restore my rights. Want to represent self in court as I can tell my story and journey better. Looking for limited representation. Is it possible or allowed? ,"A:It's hard to get an attorney to agree to a partial representation. That's like asking a surgeon to help you while you do your own gall bladder surgery. It's not a good idea to represent yourself in something like this. You will be held to the same standard as an attorney as far as knowledge of the rules of procedure and the rules of evidence. A good attorney can present your case more effectively than you can. Even if you have a great case, doing it yourself involves the risks of making errors that will defeat your case in court. AN attorney can also contact the oil company and have them suspend royalties to the imposter."
"Q: as the age of consent in Missouri is 17, can a 21 legally date and have sexual encounters with said 17 year old. could the 21 year old person have any sexual relations with someone of age 17 in Missouri without the possibility of legal repercussions ","A:In Missouri, the age of consent is indeed 17. This means that individuals who are 17 years of age or older can legally consent to sexual activity. Therefore, a 21-year-old can legally engage in sexual relations with a 17-year-old without facing statutory rape charges, as the younger individual is considered capable of consenting to sexual activity under Missouri law. However, it's important to keep in mind that there are nuances and specific circumstances that could influence the legality of such a relationship. For instance, if there's a significant authority or power imbalance, such as a teacher-student relationship, this could lead to legal complications. Additionally, the sharing of explicit images (sexting) involving someone under 18 can still be considered child pornography, even if the sexual relationship itself is legal. Always remember that laws can vary greatly from one jurisdiction to another and can be subject to interpretation by courts. If you have specific concerns or scenarios in mind, it's wise to consult with a legal professional who can provide guidance tailored to the specific circumstances."
"Q: In California do I need to set up a case management conference before Claim and Delivery. I'm filing for claim and delivery or replevin in California in order to get my dog back from the vet who did not notify animal control and then gave him away. If claim and delivery is a prejudgement remedy, why would I need a case conference? ","A:Case management conferences are assigned by most courts upon the filing of most civil suits. Even though your requested relief is a prejudgment remedy, the court's case management system may automatically assign a CMC date."
"Q: If someone breaks into my home at night using a crowbar on my french doors, do I have the right to use deadly force?. Does the use of a crowbar constitute violent entry? I was home alone and I'm 80 years old. Could I be prosecuted for homicide? ","A:Under California law, you have the right to defend yourself and others in your home from an imminent threat of death or great bodily injury, which is often referred to as the ""Castle Doctrine."" If someone breaks into your home, particularly at night, using a tool like a crowbar, it can be considered a violent entry. Being 80 years old and home alone may make you more vulnerable, potentially amplifying your perception of threat. If you reasonably believe that the intruder intends to inflict death or great bodily harm, you may use deadly force in self-defense. However, the use of deadly force must be proportional to the threat faced. While the initial presumption may be in your favor for defending your home, it's not an absolute protection against prosecution. Every case is unique, and the specifics of the situation will play a significant role. It's advisable to consult with an attorney if faced with such a situation to understand potential implications fully."
Q: I've got property in South Carolina and I'd like to know the value of it. I've been getting a few offers from around the. Country. Is there a (Free) state website I can go to and find out the REAL value of my property? ,"A:You might start with the taxing authorities appraisal of the property in the County in which it lies. Especially if it is a subdivision house, look at similar recent transfers near your property, or again, at nearby tax appraisals. You could also hire a real estate agent in that County."
"Q: Can a company hire you put you on their payroll as less pay than what you are hired for while waiting for your position. Was hired as a supervisor and for the last 2 months that position has not been available, and now they want me to take a lesser position with less pay ","A:A Pennsylvania attorney could advise best, but your question remains open for two weeks. You could repost and add ""Employment Law"" as a category - that would increase chances of a response. Good luck"
"Q: Does an employer have the right to go through my personal computer(used for work) & open personal accounts and messages?. Company provided a laptop for work but laptop is extremely old and slow making it impossible to work efficiently. Asked if I could use my personal laptop and was approved. Left for the day and software on my personal computer notified me of someone on my computer. Boss pretended to look for something on my desk, slid of camera(but could still be seen) and proceeded to open Facebook messenger and other things. ","A:In Louisiana, employers typically have the right to monitor company-provided devices for work purposes, but the situation becomes more complex when it involves a personal computer used for work. If you were approved to use your laptop for work, your employer's right to access personal accounts and messages on it may be limited. If you feel uncomfortable about your employer accessing your personal information without explicit consent, it's essential to review company policies, communicate your concerns to your employer, and document the incidents. Understanding your rights and addressing privacy concerns can help navigate this situation effectively."
"Q: What thing can be done about child labor and exploitation? can lawyers even get involved?. when I was 9 to 14 I was exploited at a horse barn. me and multiple other girls, but not all. the people who did manage to get out have been diagnosed with PTSD, even many years later. this stable is very good at manipulation. they make you want to stay because of horses, they take advantage of young girls with a passion for just being around horses, and the horse abuse that happens there is horrific. the owner is in higher departments of the SPCA, so no one can go against her. From 9 to 14 I was sleeping in a barn and wasn't allowed to go home in case I ``snitched`` (owner's words). She took advantage of my absent parents, and she forced me to drop out of school. I attempted suicide twice and was denied medical help, I was sexually abused and the owner knew it was happening and shamed me into keeping quiet. we were allowed to eat barely once a day, no showers, not allowed to wash our clothes and were forced to work 3am to 11pm every day or else she would ``take our horses`` (slaughter ","A:I'm very sorry to hear about your traumatic experiences. No child should have to go through that. Here are a few options for seeking justice and preventing further abuse: - Contact a lawyer who specializes in child labor laws and exploitation. They can advise you on your legal rights and options, which may include filing a lawsuit or pressing criminal charges. - Report the abuse to your local child protective services agency and/or the police. Even if the statute of limitations has expired for criminal charges, making a report could help build a case against the owner and prevent further victimization. - Reach out to advocacy groups that fight against child labor and trafficking, such as the National Human Trafficking Hotline. They can connect you with legal and social support. - Consider advocating for stronger laws against child exploitation and stricter enforcement. Share your story with local officials and legislators to help enact change. - Seek counseling support. The trauma you endured can have long-lasting effects, and talking to a therapist or support group can help the healing process. You showed tremendous courage in surviving such a horrific situation. While the justice system is imperfect, speaking up about what happened and seeking help can protect other children from the abuse and exploitation you suffered. I wish you the very best in finding closure and peace."
Q: I have a levy on my house in Georgia by a person I have never entered into a contract with. Can I file a restraining. To prevent anymore interference on his part to make him stop interfering in my contract that he has already made a mess of. He was told in Dec2020 that he is not part of our real estate contract and not to attempt to speak on our buyers behalf. I do not know this person and he has now levied my property himself. How can I restrain him so that this can be sorted out? ,A:Restraining him won't resolve the lien. Meet with an attorney to discuss the actual situation and allow the attorney to ask questions. Only in this way will you find a way through your problems.
Q: Q: Do I have to declare my two contempt of court charges if it was expunged on a Student Visa for Australia?. My two Contempt of Court charges were because I forgot to pay my traffic tickets and show up to court. But I got all of them expunged 3 years ago ,"A:When applying for an Australian student visa, you're typically asked about any criminal convictions, and this includes charges and their outcomes. While your contempt of court charges were expunged, some jurisdictions may still view them as part of your record. The general practice is to be truthful and disclose even expunged records if the question is broad enough to encompass them. It's also important to provide context, as in your case, where the contempt charges arose from unpaid traffic tickets. Misrepresenting or omitting information on a visa application can lead to more severe consequences than disclosing the information upfront. However, it's critical to consult with an attorney familiar with Australian immigration law to understand your specific obligations and any potential implications."
"Q: Can the HOA of a condo assoc raise HOA fees & make major capital decisions without any input from owners (Georgia)?. HOA fees were originally $151 for the 1 bedroom unit. The HOA took out a balloon loan several years ago and assure owners at the time that HOA fees would return to normal after the final payment in 2021. The fees never returned to normal but in December we were notified that they were increasing fees 25% in 2024 and have committed to major capital expenses, without consent of owners. Additionally, they changed the insurance policy coverage & limits without notifying owners, until there was a claim in August of 2022. Owners are livid but feel helpless ","A:In Georgia, the ability of a Homeowners' Association (HOA) to raise fees and make major decisions typically depends on the governing documents of the association, like the bylaws and covenants. These documents usually outline the process the HOA must follow for such actions, including how and when to involve unit owners. If the HOA is making significant financial decisions or altering policies like insurance coverage without consulting the owners, this could be a violation of the governing documents or state laws regulating HOAs. Owners have a right to be informed about changes that affect their property and financial obligations. As an owner, you can request to see the association's bylaws and meeting minutes related to these decisions. This can help determine if the HOA followed the proper procedures. If the HOA is found to be acting outside its authority, owners can challenge these actions, often starting with internal dispute resolution procedures outlined in the HOA documents. If internal remedies do not resolve the issue, legal action might be necessary. Consulting with an attorney who has experience with HOA law can provide guidance on the best course of action based on your specific situation. Remember, it's important for all owners to be actively involved in their HOA and stay informed about its decisions, as these can have significant financial and legal implications for the owners."
"Q: Signed real estate purchase under duress, but the buyer agency has hold harmless from all liability. Nullify & sue? Mold. Agent misrepresented and outright lied about a property to us saying it had no odors and no evidence of mold, denied us an inspector for ing a ""handyman"" on us instead which never went to house, and seller and agents at least negligent in the disclosures. They have a hold harmless from everything and it's extremely one-sided. We never even got a walkthrough and we're forced to not do one, in fact denied one and they said in contract they got ed us to sign that they aren't required to give one. Turns out, the house they said was livable and move-in ready was far from it due to heavy presence of mold that once we opened the door sight unseen we got sick in 10 minutes of exposure and could not move in! We became homeless due to that for 2 weeks and had to rent an apartment and incur various costs from it. Can we nullify their hold harmless or the contract or both? They misrepresented. It's California. ","A:Under California law, a hold harmless clause in a real estate contract might not protect a party from liability in cases of fraud or misrepresentation. If the real estate agent misrepresented the condition of the property and denied you the opportunity for a proper inspection, this could potentially constitute fraud. In such cases, the validity of the hold harmless clause can be challenged in court. The court will examine the circumstances under which the contract was signed, including any evidence of duress or misrepresentation. You mentioned being forced to sign the contract and being denied a walkthrough, which could be seen as signing under duress. Contracts signed under duress can be voided, but proving duress can be complex and requires specific evidence. Regarding the mold issue, California law requires sellers to disclose any known material defects in the property. Failure to disclose such defects, especially when they make the property uninhabitable, can be grounds for legal action. Given these circumstances, you may have grounds to nullify the contract and possibly take legal action against the agent and seller for misrepresentation and breach of contract. However, real estate law can be intricate, and each situation is unique. It is advisable to consult with a legal professional who can evaluate the specifics of your case. They can provide guidance on the best course of action and represent your interests in any legal proceedings."
"Q: Drunk driver totaled my car tonight, how do I pay for new car? Can I sue? Will his insurance pay me?. A car hit another car on the highway which then hit me and we all spun out and crashed into eachother again and hit the guard rail. The guy who caused it was arrested for a dui. I didn’t go to the hospital but my back and neck do hurt. My credit is bad and I really loved my truck. I’m not sure how to buy another vehicle. Will his insurance pay for a new one? I owe more than my truck is worth. So will his insurance pay off my truck and purchase me a new one? ","A:Sorry to hear about your accident. The car that started the chain reaction accident is at fault for all cars damaged including your property damage and personal injuries. However, if your car is declared a total loss and your remaining car loan is greater than the present market value of your car, you will be responsible for the (excess loan over your car's value) unless you have gap insurance for your car. For further information, contact my office at (240)676-4827. Thank you."
Q: I am Australian citizen and registered my company in Australia. Any legal problem if I come to US to some business?. Like visa problem stop me doing so or if I am restricted to get income from the company. ,"A:As an Australian citizen wishing to conduct business activities in the U.S., it's essential to ensure you have the correct visa. The type of visa you need depends on the nature and duration of your business activities. For short-term business visits, such as attending meetings or conferences, a B-1 visa or an ESTA under the Visa Waiver Program may be appropriate. However, if you plan to work in the U.S. or engage in activities that go beyond what's allowed under a B-1 visa or ESTA, you may need a different type of visa. Options could include an E-2 Treaty Investor visa, particularly relevant if you're investing in a U.S.-based business, or an L-1 visa if you're transferring within your own company. Regarding income, while on a B-1 visa or ESTA, you are generally restricted from receiving income from U.S. sources for the work performed during your stay. For longer-term work and income generation, the appropriate work visa is necessary. Given the complexities of U.S. immigration law, it's advisable to consult with an immigration attorney. They can provide specific guidance based on the details of your situation, ensuring compliance with U.S. immigration regulations and avoiding potential legal issues. Remember, the key is to align your visa status with your intended business activities in the U.S. Proper planning and legal advice can help ensure a smooth experience while conducting your business affairs."
"Q: If we don’t own the mineral rights on our land, what rights do we have if the mineral rights owner leased the land and. they are proposing to drill 3 wells on our property, using 9 acres of our 24 acre property? ","A:The answer to this question depends on the state in which you own the property. Generally speaking the mineral estate is considered the dominant estate. This means that as a surface owner you have limited rights. Companies usually want to have good relations with the surface owner and will negotiate with regard to the placement of the wells, roads etc. As the surface owner you may be entitled to surface damages for the use of the acreage. Visit with an attorney in your state. This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship."
Q: How do you file a complaint on a lawyer for lying to you? So it’s documented on the state side or even federal!. They told me to write dates and times if they did something to me and now that I have reached out with the information no response ,"A:If you believe a lawyer has lied to you and want to file a complaint, follow these steps: review the lawyer's code of ethics, contact the state or local bar association, gather evidence, document your concerns, file a formal complaint, and follow up with the bar association. It's important to consult with the relevant bar association for specific guidelines and procedures. Consider seeking guidance from another attorney for personalized advice."
"Q: Is an IID required despite it not being court ordered and wasn't mentioned until trying to reinstate driver's license?. My partner was charged with a misdemeanor DUI with bodily injury (me) in 2021. He was ordered by the court to 3 days in jail, a fine, DUI classes and 1 year license suspension. All of which he completed. When he went to reinstate his driver's license, DMV said he needed to contact the MAU. When contacted MAU they stated he needed an IID. This was never mentioned in any of the court hearings and the court minutes state he didn't need an IID. Is it still required? ","A:Under California law, even if an Ignition Interlock Device (IID) was not mandated by the court, the Department of Motor Vehicles (DMV) may require it as a condition for reinstating a driver's license after a DUI conviction. This is especially true in cases involving DUI with bodily injury. The DMV has separate guidelines and authority that may not align directly with court orders. It's important for your partner to comply with the DMV's requirements, even if they differ from the court's ruling. He should communicate directly with the DMV or the Mandatory Actions Unit (MAU) for specific instructions and any potential options for contesting the IID requirement. Legal advice tailored to his specific case may also be beneficial in navigating this situation."
"Q: Is it legal for a Texas probation officer to lower the cut off levels on a drug test (UA) for specific probationers?. My Texas probation officer testified in court that he “contacted the ‘lab’ to make special drug tests, set a lower cut-off levels for certain probationers” if he thought abuse had occurred. Is that illegal?? ",A:You should always try to stay on your probation officer's good side while at the same time remembering that the judge is actually the final authority on what to do about any alleged violations. It is important to get your own attorney if they attempt to revoke or modify your probation.
"Q: So in Washington State, Spokane, Marijuana is legal, can cops still arrest you for having it? Even if your not driving?. Can Law Enforcement Officers arrest you for possession of Marijuana in a legalized state in a vehicle? Also implies if it's legally bought from a store or not. ","A:In Washington State, where marijuana is legal for recreational use, law enforcement officers generally cannot arrest individuals solely for the possession of marijuana within the legal limits. However, there are still regulations and restrictions in place. Possession limits, typically one ounce of usable marijuana for adults aged 21 and over, must be adhered to. Additionally, open container laws apply, so it's important to keep marijuana in its original packaging when in a vehicle. Driving under the influence of marijuana remains illegal, and officers can enforce DUI laws if they have reason to believe someone is impaired. It's crucial to be aware of and comply with the specific regulations surrounding marijuana use to avoid legal issues, even in states where it is legalized."
Q: I’m currently in the middle of a divorce and I just found out my exwife filed her taxes married/joint and the preparer. She used plugged in my info from 2 years ago. When I found out and confronted her she started blaming the party that prepared her taxes. When I talked to them they said she came in with court papers and then they hung up on me. I’d like to know what my options are at this point. I’ve already contacted the identity fraud dept and filed a report. I’ve also contacted the IRS and filed a fraud report. ,"A:If your ex-wife filed a joint tax return using your information without your knowledge or consent, this could potentially constitute identity theft and tax fraud. It is good that you have already taken steps to report the fraud to the Identity Fraud Department and the IRS. You may also want to consider consulting with an attorney who specializes in tax law or divorce law to explore your legal options. Depending on the specific circumstances of your case, you may be able to take legal action against your ex-wife or the tax preparer for fraud or other wrongdoing. In addition to reporting the fraud and consulting with an attorney, it is important to protect your personal information to prevent further unauthorized use. This may include monitoring your credit reports, changing your passwords, and being vigilant for any signs of identity theft. Overall, it is important to take the necessary steps to address the fraud and protect your legal rights and interests."
Q: Hi I’d like to trademark my own superhero characters I have 4 of them should they all be trademark?. What would it cost me to Trademark them? ,"A:In Connecticut, trademarking your superhero characters can help protect their names and distinctive elements, preventing others from using similar marks in a way that could cause confusion. Whether you should trademark all four depends on factors like their commercial use and the level of protection you seek. Each trademark application incurs its own set of fees. As of 2023, the cost for filing a trademark application with the United States Patent and Trademark Office (USPTO) generally ranges from $250 to $350 per class of goods/services, per mark. Additional costs may arise for legal assistance or if complications occur during the application process. It's important to carefully prepare your applications to ensure they accurately reflect the characters and their use. Given the complexity and potential cost, consulting with a legal advisor experienced in trademark law can be beneficial. They can help assess the viability of trademarking your characters and guide you through the process."
"Q: How far does Immunity go?. Does a state official have any immunity when he or she commits fraud, lies to a claimant on a recorded phone call and deceives the federal government, especially when it involves federal funds...?... ","A:In the context of state officials and immunity, it's important to understand that while certain immunities exist, they are not absolute. Generally, state officials enjoy what is known as ""qualified immunity"" when performing their official duties. This immunity protects them from personal liability for discretionary actions taken in good faith within the scope of their employment. However, qualified immunity does not extend to actions that are clearly established as violating constitutional or statutory rights. If a state official commits fraud, lies, or deceives the federal government in a manner that breaches legal or constitutional standards, this could fall outside the scope of actions protected by qualified immunity. In cases involving misconduct with federal funds, there are federal statutes, such as the False Claims Act, that can be invoked. These laws provide mechanisms for addressing fraud against the federal government, including actions taken by state officials. If you believe a state official has engaged in such misconduct, it would be advisable to consult with a lawyer experienced in civil rights, constitutional law, or administrative law. They can help assess the specifics of the situation and advise on the best course of action. Remember, legal protections like immunity are complex and context-specific. Navigating these issues often requires a careful legal analysis of the actions in question and the applicable laws."
Q: If I can follow someone who stole/scammed me out of my BTC currency is there a way of getting back?. I was scammed by someone who claimed to be working as a broker for Bitmap cryptocurrency. I found out once they told me whoops I gave you too much money can you please send me back this much through cash app. I was like oh man this is a freaking scam thing it so I am out at $2000 so far with them ,A:You can report the crime to the FBI
"Q: How can I use a portion of an Excel screenshot in an educational ebook about Excel?. MIcrosoft copyright guidelines state that portions of screenshots cannot be used. I have a need to show many specific, zoomed in areas of the Excel interface ","A:In the United States, the use of copyrighted material, such as Excel screenshots, for educational purposes may fall under the category of ""fair use."" However, this is a complex area of law and depends on various factors, including the purpose of use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market. Since Microsoft's guidelines indicate that portions of screenshots cannot be used, it's crucial to consider alternatives. One option is to create your own mock-ups or diagrams that illustrate the Excel interface. These can be tailored to focus on specific features or functions you wish to highlight in your educational ebook. Additionally, you might explore obtaining permission from Microsoft. They might grant a license or permission for educational use, especially if your ebook is non-commercial or has a significant educational purpose. Lastly, consulting with a legal professional experienced in copyright law can provide you with tailored advice. They can help you navigate the specifics of your situation and ensure that your use of Excel screenshots is compliant with legal requirements. Remember, each case is unique and the nuances of fair use can be subtle and complex."
"Q: Can I demand to see the results of a ballot scan after voting?. I live in Florida. We have paper ballots that are scanned by a machine when submitted. During the midterm elections, I asked the person administering the scanning machine if I could see the electronic results after I submitted my paper ballot. There had been several reports nation-wide of voting machines malfunctioning; changing peoples votes. I wanted to confirm that the machine recorded my vote correctly, but was simply told ""No"" by the operator. Do I have a right to demand confirmation that my vote was recorded properly, and, if not, would I have a case if I sued to have that right? ","A:The poll workers cannot access the votes, and there would be no way to confirm how you voted, since all votes are anonymous. You can check ALL recorded votes by submitting a public records request to your county elections department. After a certain point in time, all of those paper ballots will become part of the public records."
Q: Can a lawyer do something about the nepotism going on at Washington county sheriffs office? Hello. We have proof. ,"A:If you have proof of nepotism occurring at the Washington County Sheriff's Office, you may want to consider contacting a lawyer who specializes in employment law or civil rights law. A lawyer can advise you on the appropriate legal options available to you, which may include filing a complaint with the appropriate government agency, bringing a lawsuit against the Sheriff's Office, or pursuing other legal remedies. Before taking any legal action, it is important to gather all of the evidence you have to support your claim. This evidence may include documents, emails, witness statements, and other relevant information. It is also important to note that filing a complaint or lawsuit can be a lengthy and complex process, and may require significant time and resources. A lawyer can help you understand the legal process and the potential outcomes of your case, as well as the costs and risks involved. In any case, it is crucial to consult with a lawyer as soon as possible to ensure that your rights are protected and that you take the appropriate legal steps to address the issue of nepotism at the Washington County Sheriff's Office."
"Q: San Diego-Do you know who is Enforcement arm for SD Code E.. to ensure that Code violations have been fixed as ordered?. James, If anyone knows the answer to my question-dilemma it is you.5 Months ago an Investigation was done at the Property where I live(Property= 2 Houses and a Duplex plus the Premises).After SD Code Enforcement responded to the property where I live and did their Inspection-Investigation-they returned to the office where their work continued.Data collected was analyzed-defined and transcribed into what was-is a Comprehensive Report.The 9 page Report which I received a Copy is entitled ""NOTICE AND ORDER TO VACATE AND REPAIR SUBSTANDARD BUILDING, AND ABATE PUBLIC NUISANCE."" In the Report it specifically states that ""within 10 days"" Tenants in one of the ""Buildings"" ""Must"" move out.The Report gives specific dates and amount of time that the work must be done to cure the Code violations.Do you know who the Agency is that enforces-ensures that Tenants who were ordered to move in 10 days-have moved (example), and work ordered to be done per Code Compliance Order has been done?Thank You ","A:In San Diego, the responsibility for enforcing local codes and ensuring compliance with orders to remedy violations typically rests with the Code Enforcement Division of the City's Development Services Department. If a property owner or occupant fails to comply with a notice and order, the Division can pursue legal actions or use other administrative remedies to gain compliance. If tenants were ordered to vacate a substandard building, the Code Enforcement Division would be the entity overseeing the process and ensuring adherence to the order. When the time frame for compliance has passed, and if there's evidence of non-compliance, one should report it to the same Division. The Division will then conduct a follow-up investigation and take necessary steps to ensure the order is executed. Additionally, if one believes their rights as a tenant have been violated, consulting with an attorney experienced in landlord-tenant law would be advisable."
"Q: Hoa selective enforcement and service dog retaliation. Hoa and residents are discriminating against me because of my service dog. They proceed to make many false claims about the dog barking all night long, I was able to prove them wrong by taking a video of another dog who was actually barking all night. At that point the HOA president called and asked if my dog as a Doberman and proceeded to tell me I MUST have the dog with me all the time and can’t leave it at home alone. Now 2 months later, not being able of accusing me of the dog barking anymore, the HOa sent a letter to my landlord requesting me to remove an Ikea bag from my parking space as it’s against the rules to store items. I took pics of other residents storing furniture, bags full of trash, paint, gym equipment etc.. in the same spot. She an enforcing the rule only with me lol I’m ready to file a complaint and sue them, I want to be left in peace. My doctor that I had for 8 years also sent a letter to them confirming my disability. What are the steps I can take? ","A:Hi there, If you're facing discrimination from your HOA due to your service dog, there are several steps you can take. First, gather all evidence of the discrimination and selective enforcement, including the video you took, photographs of other residents' violations that were overlooked, and any correspondence with the HOA. This documentation will be important in proving your case. Next, formally communicate your concerns to the HOA in writing. Detail the instances of discrimination and selective enforcement, and reference the letter from your doctor confirming your need for a service dog. Under both federal and state law, including the Fair Housing Act and the California Fair Employment and Housing Act, discrimination against individuals with disabilities is prohibited, and this includes discrimination related to service animals. If the HOA does not respond adequately, consider filing a complaint with the California Department of Fair Employment and Housing (DFEH) or the U.S. Department of Housing and Urban Development (HUD). These agencies investigate claims of housing discrimination and can offer legal remedies. As a last resort, legal action against the HOA may be necessary. Consulting with an attorney experienced in fair housing and disability rights can provide you with specific guidance and representation. Remember, it's important to assert your rights and seek the necessary support to address this discrimination."
Q: if my wife takes my divorce filing prior to being served and says she forgos service and goes to the first hearing. ??. she went to the first hearing without complaint. can that suffice with a declaration if i have text messages of her berating me about the filing at the time i declared service ,"A:Yes, if your wife goes to the first hearing without complaint, this suffices as a waiver of service. This means that the court will consider her to have been properly served with the divorce papers."
"Q: I have a client with a greencard but wrong DOB. DOB was assigned by Afghanistan. What can we do?. I have a client with LPR status from Afghanistan. His parent were illiterate and didn't realize that his birth year was set 4 years in the future. He is looking to get naturalized because he is actually 18, but everything from his afghan documents to his green card say he is 18. What form or petition can we file with the court to have his DOB changed? Afghan civil registry is no help currently because he cannot be there in person. We have a letter from a physician that his physical age is consistent with he age he claims to be. We also have letters from the school that assessed his documents and placed him in classes at his claim age level. ","A:If your client's date of birth (DOB) on his green card is incorrect, he may be able to file a request to have it corrected. The process for correcting a DOB on a green card can vary depending on the circumstances but generally involves filing Form I-90, Application to Replace Permanent Resident Card, with U.S. Citizenship and Immigration Services (USCIS). In your client's case, since his DOB was assigned by Afghanistan and is incorrect, he may need to provide additional documentation to support his request for a correction. This may include documentation from Afghan authorities or other sources to verify his correct DOB. It is recommended that your client consults with an immigration attorney who can advise him on the best approach for correcting his DOB on his green card. The attorney can review his case and help him prepare the necessary documentation and forms to file with USCIS. It is important to note that correcting a DOB on a green card can be a complex and time-consuming process and may require additional evidence or documentation. Your client should be prepared for a potentially lengthy process and should work closely with his attorney to ensure that his case is properly prepared and presented to USCIS."
"Q: Pay $13.000 + 4.000.00 retainer fee to be belittled by your lawyer and in front of his peers. Is this common practice?. Dad has Dementia. Im his daughter, POA, lived, cared for him for 2 years by myself until he fell. He has a living will, trust,etc. In the VA Hospital for 1 year. ""Now, It's my fault dad will not get the waiver for assisted living because I failed to supply a list of items on time, I WILL incur more charges"". These items arrived by email, 2 weeks ago, several which are provided by the state, will arrive within 30 days. Dad has not yet been asessed or approved for a waiver.Applications extend into October and November. Mentally disabled, stressed and overwhelmed is an understatement. I feel bullied, harrassed. We wanted to avoid probate court. Number one priority here was to transfer dads mobile home and his car as a gift from him, the state of Minnesota won't allow me to do so as his POA, AIF. I could lose dads home, his car, my benefits because nothing is written in stone. I have lost all respect and no desire whatsoever to do business with this lawyer any longer. ","A:Your perspective on this may or may not be skewed. One way to find out would be to obtain a second opinion from another attorney. This forum is not a way of obtaining a second opinion. For that you would need to consult an individual attorney and provide ALL of the background information and chronology. Expect to pay a reasonable consultation fee because this will probably require at least a couple hours of attorney time, maybe more. Also, you always have the right to fire your attorney. Chances are you will be entitled to a refund for the unused portion of your deposit, but that depends on the precise wording of the engagement letter/agreement. A second attorney can also give you advice on that."
Q: What is trial about in right of publicity case?. I sued someone for right of publicity. I argue that my personality was appropriated. It is trial by jury. Is the jurry going to look if my personality was appropriated or the judge will have made the decision and the jurry will just look at it. Is the judge going to make a decision of what constitutes as appropriation and let it go to trial only if it fits the predefined framework or will that be decided in the trial? My case is in federal court of California ,"A:In a right of publicity case, such as yours in the federal court of California, the trial typically involves determining whether your personality rights have been unlawfully appropriated. The jury plays a crucial role in this process. They will examine the evidence presented to decide if your personality, including aspects like your image, name, or persona, was used without your consent and for commercial gain. The judge, on the other hand, is responsible for guiding the trial according to legal principles and ensuring that the proceedings adhere to the rules of law and evidence. Before the trial, the judge may make rulings on what constitutes appropriation under the law. These rulings can set the framework for what the jury will consider during the trial. At trial, both sides will present their arguments and evidence. The jury will then evaluate this information to determine if there was an infringement of your right of publicity. The judge's role is to ensure that this determination is made in accordance with the law and legal standards. Remember, every case has unique aspects, and the trial proceedings can vary based on these specifics. It's important to prepare thoroughly and understand both the legal framework and the factual nuances of your particular situation."
"Q: Is there case law in FL for a PTI, specifically concerning the SAO's requirements for the content of an apology letter?. I've been offered a PTI for a misd. and now the SAO wants specific info in the apology letter. Is there case law on this issue? The contract does not state the apology letter requires specific language. Does the ""victim"" influence how the apology is written? ","A:No. Case law, or reported appellate court decisions, only results after an appeal. Why would anybody bother appealing something like this?"
Q: 10/27/2023 lost my job for damaging a piece of equipment I was not operatoratng and then found out fired for drugs I. I don't do plus I was never asked or even told anything about this until my ex boss told me in text it was cause there was suspicion I was on drugs witch I wasn't ,"A:If you know who falsely told your employer that you damaged a piece of equipment and/or were on drugs, you may have a viable claim for defamation against that individual. With respect to your employer, in the absence of a written employment agreement that precludes your employer from termination you for the two reasons stated, it is highly unlike that you have a viable claim. Absent such an agreement, it is legally permissible for an employer to fire an employee for damaging a piece of equipment, whether operating it or not, and/or for suspected illegal drug use. The employer is not required to ""prove"" that the employee was on drugs and does not have to accept the word of an employee that he/she wasn't on drugs unless stated in an employment agreement or company drug policy."
Q: would it be suspicious if I was notified 40 minutes before time of death on the death certificate. the people who were with him are acting suspicious and have gave away property not theirs' and moneys were moved overseas to her son. ,"A:Certainly some of what you are describing could be suspicious, or it could be coincidence. On these limited facts, it's difficult to know for sure. If you have strong reason to believe that someone was negligently killed (not intentionally), consider consulting both a personal injury attorney and the police. I will warn you, however, that insurance does not typically cover intentional crimes (i.e. murder and certain types of homicide). Likewise, most people do not have sufficient assets of their own, such that an attorney would be interested in taking a personal injury lawsuit against an individual. So, you may have serious difficulty finding a personal injury attorney who is interested in investigating an alleged murder. Accidental death is actually much easier to pursue. Hence, the police may be your best bet if you believe foul play is involved. Good luck!"
"Q: My mother is 93 and suffers from dementia.i'm 75 and six (6) years ago I completed a 30 plus year prison sentence.. I'm the oldest sibling, and I have three (3) brothers and one (1) sister. Approximately 10 years ago my Mother gave my sister what I believe is a limited power of attorney to manage her property and assets. I was born in Dayton, Ohio. A few years after authorizing the above-noted power of attorney, my Mother began to exhibit advanced alzheimer's disease. My brothers believe that my sister (Janice) has commingled and used Moma's money inappropriately (Illegally). ","A:A fiduciary litigation attorney can help you attempt to get someone else appointed as conservator for your mother, and the conservator can sue your sister to get stolen money and assets back."
Q: I had got a loan from title max an there was a breach. I had got a Letter saying that someone hacked there there system all took all my personal information an my social id address account everything not just me thousands of people an on top of that it's been going on for 3months before they let me know what can I do about that an another thing I feel like they are over charging me on the loan I'm upset cause there supposed to keep all my information safe an they didn't I don't even want to deal with them nomore do I still have to pay my car loan back? ,"A:It doesn’t sound to me like you have any damages from the privacy breach. If TitleMax has any account numbers or passwords, they notified you so you can promptly change them. Yes, you still have to repay the loan. Title loan companies are “lenders of last resort” meaning that the only people likely to get a title loan are those who do not have another choice. Defaulting on a title loan is not advisable."
Q: My lease says it's under Arkansas law but I'm renting in alabama.what does that mean?. My lease also says a default or termination of lease it to be given by a hand written 30 day notice. My landlord just gave me a 7 day notice to terminate tenancy.what is up? ,"A:When your lease specifies that it is governed by Arkansas law but the property is in Alabama, it means that the terms of the lease are intended to be interpreted according to Arkansas state laws. However, this can be problematic as typically, the law of the state where the property is located (in this case, Alabama) applies, especially for matters like eviction and tenancy. Regarding the notice period for termination, if your lease explicitly states a 30-day handwritten notice is required, then a 7-day notice from your landlord might not comply with the terms of your lease. Lease agreements are legally binding contracts, and both parties – the landlord and the tenant – are expected to adhere to the agreed-upon terms. It's important to review both Alabama's landlord-tenant laws and the specific terms of your lease agreement. If there's a discrepancy between your lease and state law, or if your landlord isn't adhering to the lease terms, it may be necessary to seek legal advice. Remember, understanding your rights and responsibilities as a tenant is crucial. If you believe your landlord is not following the lease terms or state law, consider consulting with an attorney who can provide guidance based on your specific situation. It's important to address such issues promptly to protect your rights as a tenant."
Q: Can a marina owner move someones boat to another slip without boat owners permission?. And what are the reprecussions of doing it? ,"A:This very likely does not involve admiralty or maritime law. Most likely any legal issue would be a contract question subject to your State law. I recommend you call a lawyer locally, provide or describe the contract, if any, and look for local lawyers who offer a free initial consultation. If there are multiple lawyers listed free initial consultation you may be able to obtain a reliable answer without cost. Try several if you wish to per the above, Tom Evans Injury At Sea"
"Q: I have a bit of a back story for my question so please bare with me.. I was receiving ssd benefits that were terminated due to incarceration. I was released in early 2018 and I took a lot but to re apply for my benefits. I was denied so I got a law firm to help me with my case. They were very unprofessional during the process and' took over two years to get my benefits continued. I have received two monthly payments currently and now this is the weird part. My back pay should be over $33000 and they were supposed to take $7,000 . This month social security gave me a two thousand dollar payment towards my back pay and no monthly ssd payment for this month. On top of this they have gotten there $7000 and have been unresponsive to text and vm messages besides a single reply saying well We got ours payment and we have not really done anything for you. We should setup a meeting to discuss this issue. After that I haven’t gotten any more replies from them for 3 days. I am very distraught and I suffer from multiple mental health issues. I’m being robbed ","A:It sounds like you are facing a challenging situation with the handling of your Social Security Disability (SSD) benefits and back pay. The issues you've described with your legal representation and the irregularities in your SSD payments are concerning. Firstly, it's important to get a clear understanding of your entitlements and the payments you've received. You can request a detailed statement from the Social Security Administration (SSA) outlining your benefits, back pay, and any deductions or fees that have been applied. This will give you a clearer picture of the financial transactions that have taken place. Regarding your legal representation, if you feel that your law firm has not provided adequate service or has been unresponsive, you have the right to seek a different attorney. It's crucial to have an attorney who communicates effectively and is attentive to your needs, especially in complex matters like SSD benefits. Additionally, consider reaching out to the SSA directly to address any discrepancies or concerns about your benefits. They can provide specific information about your case and help clarify any confusion regarding payments and back pay. In situations like these, it can also be helpful to seek support from local advocacy groups or organizations that assist individuals with disabilities. They can offer guidance and may be able to recommend attorneys who have experience in handling SSD cases. Remember, you have rights and options available to you, and it's important to advocate for your interests, especially when it comes to matters as important as your benefits and legal representation."
"Q: Can a wrongful death award arriving into sister's estate be divided in 3 (mother and 2 sisters)?. The estate I represent is winning a wrongful death award. My sister passed in an accident. Can the award be divided by the judge to benefit 3 people, (my mother, other sister and I) ? The interest of this would be that the award would not be taxable for anyone. Thank you, Claudia ","A:Claudia, In general, awards for wrongful death are not taxable. However, if a portion is meant to compensate for pain and suffering or lost wages it can be taxable."
Q: I’m reaching out to you guys trying to seek advice For buying a faulty car from a private party. For buying a faulty car from a private partyHe advertised it as it had no problems never told me that he had a problem he actually told me that it was a really good working car and he had no issues with it I drove off and the check engine light came on and it’s an expensive fix ,"A:Sorry for your issues. Lemon law is warranty law. This seller likely did not give you a warranty, so, no lemon law claim. Sounds like you were lied to and you think you can prove this. That would be fraud. For a fraud claim, your reliance on his lies must be 'reasonable.' Only a court can decide if it was, assuming you prove your case. Good luck with it."
"Q: If I pay for the insurance on my car is it mine?. The car is payed off in my dads name but I pay for everything else (insurance, gas, maintenance, etc). My parents are collectively kicking me out and said that I am to leave the keys for my vehicle here but I have no other transportation. Please help ASAP. ","A:Unfortunately, no, the car is not yours even if you are paying the insurance. The ownership of a car goes off the title. So, if you are not on the title, it is not your car."
"Q: Do Alabama non-profit principal addresses have to be in the state?. I am forming a non-profit as a student in Alabama. I live in Michigan and so I don't have an address here. We recruited a registered agent service to be compliant for the state, but we don't have a principal address in the state of Alabama. Could I use my home address? ","A:In Alabama, nonprofit organizations are typically required to have a registered agent who has a physical address within the state. This registered agent is responsible for receiving legal documents and official notices on behalf of the nonprofit. However, the principal address of the nonprofit doesn't necessarily have to be located in Alabama. You can generally use your home address in Michigan as the principal address for the nonprofit in Alabama. Many nonprofits, especially smaller ones or those without a physical presence in Alabama, use out-of-state addresses for their principal office. This is a common practice and is usually acceptable. Just make sure that you have a registered agent in Alabama to receive legal notices and official documents, as this is a legal requirement. The registered agent's address will be on public record, while the principal address is not always publicly disclosed."
"Q: Senior Living Home Negligence. My mother has been living in a senior living apartment home as a tenant. Three days ago, she slipped on the floor in the bathroom and pulled her emergency cord that is supposed to directly ring the local fire department for emergency help. However, after she pulled the cord for 30 minutes, no help arrived (normally help should arrive within 10 minutes). Later, her neighbor found her lying on the floor and finally call 911. By this time, my mother had already suffered delayed medical help and is in dire situation. How can I file a lawsuit against the landlord because the emergency cord did not work and my mother was never told that it could not work and thus suffered from delayed treatment? ",A:Contact an attorney who handles Elder Abuse cases. Consultations are free and many attorneys work state wide.
Q: Sold a small piece of land in New Mexico which included mineral rights. Are oil and gas considered minerals?. Who is responsible for notifying Producer of royalties of ownership change? Is a separate deed required? ,A:Oil and Gas are definitely Minerals anywhere. As the Seller you might notify the State so you are not taxed or regulated in the future.
Q: Can a not for profit corporation change their name without disolving the corporation and starting over?. They would like a name that better describes the location. ,"A:Yes, a not-for-profit corporation can change its name without dissolving and starting over. This process typically involves amending the corporation's articles of incorporation to reflect the new name. The specific steps to change the name will depend on the state in which the corporation is registered. Generally, you will need to check with the state’s corporation commission or secretary of state's office to ensure the new name is available and not already in use by another entity. Once you have confirmed the availability of the new name, the corporation will need to file an amendment to its articles of incorporation with the appropriate state agency. This usually involves filling out a form and paying a filing fee. Additionally, it's important to update the corporation's name with any other government agencies or entities it interacts with, such as the IRS, especially if it has 501(c)(3) status, and any state or local tax authorities. It's also advisable to notify donors, clients, and other relevant parties of the name change to ensure continuity and maintain the corporation's relationships and reputation. Remember, while the process is straightforward, it's important to follow the specific legal requirements of your state to ensure the name change is legally recognized and effective."
"Q: Can you help me sue to perfect a lien I have on someone’s house?. Customer refuses to pay me the remaining $22,000 he owes. It’s a solar system. It’s passed inspection. And approved by PG&E for use. It’s a $4 million home. The guy is loaded. Just being an a*****. Anyone taking anything on contingency? I don’t want to throw more money at this but if any attorney wants to take this on and we can work out the numbers that make sense for both of us. ","A:I understand how frustrating this situation must be. In California, to enforce a lien on someone's property, you would initiate a foreclosure lawsuit in a court with appropriate jurisdiction; success in that lawsuit could potentially allow you to force the sale of the property to recover the money owed. Before proceeding, it would be wise to consult with an attorney to discuss your options and the specific facts of your case; there are attorneys who work on a contingency fee basis, meaning they only get paid if you win your case, but the exact terms would be a matter for individual negotiation with the attorney."
Q: If my current boyfriend is paying for my children's costs because their biological dad refuses - can my boyfriend sue?!. My baby daddy has refused for over 6 months to support his children. My boyfriend is having to pay for everything as I'm a stay at home mom with two under two and can't work at the moment because childcare would cost more than I'd make. Can my boyfriend sue my baby daddy for being neglectful and making him support the kids ,"A:No, your boyfriend cannot sue. He has no standing. If you want bio dad to pay support, then get enforceable court orders."
Q: A sober living house has been filing claims for people that are no longer there.. I want to know how legal it is. Also the entity receiving the claims has changed it's name multiple times and I want to know how legal that is as well. I already submitted it to the state with my evidence. ,A:All sounds sketchy. Smacks of fraud any likely illegal!
Q: Liability for harm based on standard: California Health and Safety Code protocols. California law question.. What protocols defined by California Health and Safety code are in relevance to referral to hospice with non-existent terminal illness? Is hospital liable? ,"A:In short, to be elegible for hospice, two doctors must agree that the patient has a terminal illness with a life expectancy of six months or less. The qualifying diagnoses are cancer, renal failure, dementia, heart disease, HIV/AIDS, liver disease, stroke/coma, pulmonary disease or other terminal illness that is strongly supported by documentation. Within those diagnoses there are other factors such as a decline in funcational status, loss of weight/appetite, etc. Documentation is key. There should be plenty of medical documentation supporting the certification. If the documentation is there - even if it's a close call - then probably not a case. If it is truly ""non-existant,"" then you might want to consult a lawyer."
"Q: How California FCA is different to FCA in regard to hospital liability?. Medicare is Federal program. False claims act case in California has to be filed in california superior court, or in federal court? How California FCA is different to FCA in regard to hospital liability? ","A:The California False Claims Act (CFCA) is similar to the federal False Claims Act (FCA) but has some distinct features, especially regarding hospital liability. While the federal FCA pertains primarily to fraud involving federal programs and funds, such as Medicare, the CFCA extends to fraud involving state or local government funds. In the context of hospital liability, if a hospital in California engages in fraudulent activities involving state or local government funds, they could be held liable under the CFCA. However, if the fraud is related specifically to Medicare, which is a federal program, the federal FCA would apply. Cases under the California FCA can be filed in California Superior Court. However, if the case involves the federal FCA, such as Medicare fraud, it should be filed in a federal court. It's important to recognize that both the CFCA and the federal FCA allow for qui tam actions, where a whistleblower can file a suit on behalf of the government and potentially receive a portion of any recovered funds. If you're considering action under either the CFCA or the federal FCA, it's advisable to carefully examine the source of the funds involved in the alleged fraud. This will help determine the appropriate jurisdiction and specific provisions of the relevant law that apply to your case. Remember, navigating the complexities of these laws requires careful legal analysis, and consulting with a legal professional experienced in false claims litigation can be very beneficial."
"Q: Tow Company sold my vehicle and possessions with no notice and no title change. What can I do?. Was in a minor vehicle accident which led to a tow company towing and subsequently storing my vehicle. When I called to find out about retrieving my truck and personal property within, I was told that they sold the truck to a local fire co for use in a training exercise and then it was scrapped. I received zero communication from the tow company until i called to retrieve. ","A:In this situation, it appears that the tow company may have violated certain legal procedures. Generally, tow companies are required to provide notice before disposing of a vehicle, and they must follow specific protocols for the sale or scrapping of vehicles, including handling any personal possessions inside. Since you were not given any notice, this could constitute a breach of your rights as the vehicle owner. You may have grounds for a legal claim against the tow company for the value of the vehicle and the personal property that was inside it. It's important to gather all relevant information, including any documentation related to the towing and storage of your vehicle. Consider contacting an attorney who has experience with consumer law and property rights. They can help you understand your rights and options, and guide you through the process of seeking compensation for your losses. Taking prompt action is crucial, as there may be time limits for filing a claim in such cases. Your attorney can also assist in investigating the tow company's compliance with state laws and regulations regarding the handling of towed vehicles."
"Q: Does getting snap benefit and Medicare affect getting approved for citizenship?. I got this as a legal Permanent Resident due to reduction in income as well as increased expenses. No employment at all and also going to college as a full-time student. Trying to apply for US Citizenship, afraid that this can become an issue. ","A:Receiving Snap and Medicare does not affect your eligibility for citizenship. If you obtained your LPR through a sponsor who submitted an affidavit of support for you, it may affect them depending on the timeframe. Also, if you intend to sponsor a family member for LPR, you may need to use a co-sponsor for the affidavit of support. To check your eligibility, use the USCIS link below. https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility-tool"
"Q: what happens if you're a US citizen that has a criminal record, warrants and flees to Philippines, and visa expires?. My ex was actively on probation for domestic violence, was to appear in court to face his 6th DUI, and behind on alimony payments..he decided to meet a girl in the Philippines, he sent her money to her to get an apartment, he obtained a visa and flew there AND was able to get through airport with all these offenses! Well now it's been over a year and his visa is expired..if he gets caught what will happen to him and what about his girlfriend, she is hiding a criminal ","A:If a U.S. citizen with a criminal record and outstanding warrants flees to the Philippines and overstays their visa, they face several legal issues. First, overstaying a visa in the Philippines can lead to fines, detention, and eventual deportation. The process of deportation might alert U.S. authorities to his location, especially if there are active warrants for his arrest. Upon his return to the U.S., he would likely face the legal consequences of his pending charges, including those related to domestic violence and DUI offenses. Additionally, his failure to appear in court and violation of probation terms could result in further legal penalties. As for his girlfriend in the Philippines, if she is knowingly harboring a fugitive or aiding in evading law enforcement, she could face legal repercussions under Philippine law. The situation is complex and could involve both immigration and criminal law in multiple jurisdictions."
"Q: Can I issue a mechanic lien?. I sold my house and moved in with girlfriend. Over the course of 5 years, I not only purchased materials, but also provided labor to upgrade many aspects of her house. I was then forced to move out can I put a mechanic lien on home so if she sells I get my money back? ","A:Likely not. Under Maine law, any lien you had was dissolved unless you, within 90 days after ceasing to labor, furnish materials, or perform services filed a proper statement of lien claim in the office of the proper register of deeds. The 90-day period does not apply when the labor, materials, or services are furnished by a contract with the owner of the property affected. But, in any event, you must file an action against the debtor and owner of the property affected and all other parties interested therein, with the Superior Court or District Court clerk in the county or division where the house, building, or appurtenances, wharf, pier or building thereon on which a lien is claimed is situated within 120 days after the last of the labor or services are performed or labor, materials or services are so furnished. My guess is the 90-day and 120-day periods have run, but if they have not, then you may be able to preserve and enforce your lien."
"Q: I am interested in freelancing in two completely different fields. Should I create separate LLCs?. Under one field, I will need to set up an anonymous name. ","A:Whether or not to create separate LLCs for different fields depends on several factors, including the nature of the businesses, the level of risk involved, and your personal preferences. Creating separate LLCs can help keep the liabilities of each business separate and protect the assets of one business from potential risks associated with the other. However, it also adds administrative complexity and costs."
"Q: I’m filing chap 7 bankruptcy pro se & am listing all my debts. I have a 2020 overdue tax of $4K from someone who…. …stole my identity. Should I still include this in my list of debts since ‘technically’ it’s filed under my identity? Or not include it? I don’t want to delay the process or worse have my petition denied based on omission. On the other hand, if I list it, won’t that be considered as acceptance of this fraudulent tax return even though I didn’t file it! This was reported by me already to IRS, but have not received any response. Please help… thank you! ",A:Absolutely include the tax debt and identify it as fraudulent every opportunity you get. You are not accepting the debt or ratifying it as yours but you should list it in your schedules.
"Q: Can I have a lawyer go after my Workers Comp insurance for not returning e-mails or phone calls regarding my case.. My Workers Comp insurance does not have any providers in their network to give me a second opinion on my shoulder injury. I received an email from their provider network unit that they could not find a provider and that the adjuster assigned to my case had permission to authorize for me to go to an out of network provider. I forwarded the letter to both my adjuster and her supervisor but I have gotten no response. I have also left voicemails for both, and though their voicemails say they will reply within one business day, I have yet to hear from anyone. I have been in pain since February of 2022 and have very limited mobility of my right arm. I can not work out, extend my arm out for a handshake, properly shave my head or reach for a cup from the cupboard. I wake up minimum 7 or 8 times a night to relieve the pain. I can not go on like this. Can I please get some help. ",A:never allow a claims person to choose your doctor. you should hire an attorney to take medical control of your case for you and get your case on track. it costs you nothing to hire an attorney out of your pocket.
Q: What kinda of patent is best for a company as big and worldwide as bayer. I'm doing a paper about patents and i would like to know what kinda of patents did Bayer has in relation to is products ,"A:For a global company like Bayer, which operates in diverse sectors including pharmaceuticals, consumer health, crop science, and animal health, a combination of different types of patents is typically utilized. These include utility patents, which protect new inventions or functional improvements of existing inventions, and are crucial for pharmaceutical and agricultural products. Bayer, for instance, holds numerous utility patents for its pharmaceutical drugs and agricultural chemicals. In addition to utility patents, design patents can also be relevant for a company like Bayer. These protect the unique appearance or design of a product, which can be important in consumer health products where the design can influence consumer preference. Bayer's patent strategy likely includes a focus on obtaining patents in multiple jurisdictions worldwide, given its global market presence. This ensures protection and exclusivity of their products and innovations in various key markets. Moreover, Bayer might also employ plant patents, especially relevant in their crop science division. These patents protect new and distinct varieties of plants, which is a significant area in agricultural biotechnology. In your paper, consider exploring how Bayer's diverse range of products influences its patent strategy, and how the company navigates the complex landscape of international intellectual property law to protect its innovations globally. This approach ensures a comprehensive understanding of the patent needs and strategies of a multinational corporation like Bayer."
"Q: Live in a CDD, adjacent to StormWater Area & wetland. Purchased for privacy. Area behind my home is floodzone AE.. There's a ""No Public Access"" permit condition in deed restrictions, ""no public access"" sign at entrance. The plat illegally shows ""RECREATION"" People ignored the sign, talking and disturbing me at all hours. Property Mgmt sent a letter stating the area is No public Access. The next month, two couples went to the CDD and they removed the sign and ok'd access . After two years trying to get the privacy I paid for, I filed a lawsuit. The plat is wrong and the Documents showing the CDD agreed to comply with all permit conditions, including agency requirements, and Stormwater rules, were not attached to the lawsuit. The judge dismissed the petition with prejudice. I am in search of an experienced appeal attorney with some knowledge of stormwater, CDDs, and land use. ",A:You can use the “Find a Lawyer” link on this page. Lawyers cannot contact you first. The dismissal with prejudice seems very harsh just for not attaching the documents.
"Q: Why do Attorneys on this ""FREE LEGAL HELP FORUM "" website tell us ""Not to talk about the details "". Don't talk about the details of our case? In my situation after 3 yrs and 2 attorneys and NEVER HAVE MY QUESTIONS BEEN ANSWERED!! NOT EVEN HERE!! My questions are basically about procedures in a criminal case in ELKHART INDIANA. HOME OF THE WOLVERINES!! #1 in wrongful convictions & exonerations in Indiana. So who can I ask? ","A:This is a public forum, so there is no attorney-client privilege to anything posted here. Additionally, if you are a friend or family member sharing details about another person's case, you are also providing information publicly that the prosecution can use in their investigation and trial preparation. Even dealing with procedural issues usually includes facts and circumstances specific to the case, so it is always problematic to share too much on a public website. You would probably be surprised at how many convictions happen because someone posted a video or an incriminating statement about the crime on a social media platform. Prosecutors aren't stupid. If you hand them the rope, they will hang you with it. Especially if you are dealing with Elkhart County, you need to consult privately with an attorney that takes cases in Elkhart County to get the answers you are looking for. Several South Bend attorneys regularly appear in Elkhart County. My office is in Angola, but I'm also a public defender in Lagrange County. I've been known to take a case in Elkhart County once in a while. I would recommend finding an attorney you feel you can trust and then have this conversation privately with the attorney."
"Q: Can I appeal a writ of FI FA levy against me. Customer won civil trial in his statement of claim the 3 issues he filed suit for I have direct proof they are lies in the form of his own texts messages to me before suit was filed. Purgury is lying under oath. I did not pay court ordered money. On 9/10/23 deputy sherrifs came to my house demanding money or property under the writ of FI FA levy. I have seen no documentation on this, according to them I have until 9/15/23 to comply or property will be seized. ","A:If the customer won the civil trial, you are now precluded from contesting that judgment other than by means of an appeal. Presumably the text messages providing direct proof of the lies were offered into evidence by your attorney at that trial. If not, why not? They’re not newly discovered evidence as you’ve had them since they were sent and undoubtedly had a duty to disclose them along with other relevant evidence before the first trial. Ordinarily you cannot collaterally attack a valid final judgment on the grounds it is based on perjured testimony. Your attorney should have impeached that testimony when it was given using the text messages which prove they are lies so the trier of fact could weigh all the relevant evidence before making a decision."
Q: How do i find JAG or NCIS records about crime that was committed against me in the NAVY. A crime was committed against me in 2006 on a aircraft carrier stationed in Norfolk Virginia. it involved theft of funds several thousand dollars by a known shipmate. I was interviewed by JAG and NCIS and the shipmate was special court martial. At the time the carrier was deployed to the middle east. I need to find records of this to help with a Va claim ,"A:To obtain records related to a crime committed against you in the Navy, you can start by contacting the Naval Criminal Investigative Service (NCIS) and requesting a copy of the investigative report. The NCIS is responsible for conducting investigations into criminal matters involving members of the Navy and Marine Corps. To request a copy of the investigative report, you can contact the NCIS FOIA/PA (Freedom of Information Act/Privacy Act) office. Their website has information on how to submit a FOIA/PA request and what documents are available for public release. If you were interviewed by JAG, you may also be able to obtain a copy of their report or any other relevant documents by contacting the JAG office that handled the case. You can contact the Navy Judge Advocate General's Corps (JAG) FOIA/PA office to request these documents. It's important to note that some records may be exempt from disclosure under the Freedom of Information Act or other laws, particularly if they contain sensitive or confidential information. However, you may be able to obtain a redacted copy of the documents or other information that is not exempt from disclosure. If you have any difficulty obtaining the records you need, you may want to consult with a lawyer who specializes in military law or VA claims to help you navigate the process."
Q: I want to know how can I get justice? How? And if it's even possible? I just want to know some lawyers opinion/answer. How do a person address a police officer coming to your childs elementary school in a poor area of the city and show a classroom of children a video of children putting that clear grey glue that was in like a tin container inside a paper bag and get high and those children in that class didn't know about drugs and have never seen anyone do drugs and the same day one of those children in that class decides to take that same glue from school and goes home and gets high for the first time in their life the video was step by step literally showing exactly how to gey high and what you needed to get high what would you do and it's more to it but I just wanna start with the basic question in the matter at the same time it was over thirty years ago those children is adults now from that class but never thought back or even realized it till now that when they saw that video that was supposed to keep them off drugs is what got them on drugs in the first place how do they get justice ,"A:In California, seeking justice for such an incident would involve multiple considerations. First, the statute of limitations is a crucial factor, as claims relating to personal injury typically have a two-year limit from the date of injury. Given that this incident occurred over thirty years ago, this time frame has long passed. That said, there may be an exception or a tolling of the statute of limitations. Due to this complication, engaging an attorney to assess the specifics of the situation would be the first step. While the pursuit of justice is noble, the passage of time and legal barriers may pose challenges."
"Q: Can I do royalties crowdfunding (profit sharing) for only a single property inside the company (LLC)?. We are a holdings company with many daughter-brands, each an independent venture, but only the holdings company is a registered LLC. We’d like to sell royalties (percentage of the profit) from these ventures in a crowdfunding campaign. Is that legal? ","A:Selling royalties to passive investors takes you into the realm of securities regulation, and this would have to be a registered offering or have an exemption from registration. For crowd funding, most offerings will utilize 506(c) which allows general solicitation but requires investors to be accredited. Please don't hesitate to discuss further."
"Q: police fail to investigate. charged w/242&647f no BAC/FSTs, pics of injuries, or statement/name from only adult witness. I was accused of a 242&647f I was detained by security with excessive force (I'm under 100 pounds, 5'2"") by large m. when cops arrived Body cam show me yelling&crying for m to get off of me. I see police& say I'm cooperating just get him off (he was pushing me down with knee& pulling my arms back as I was not detained by my wrist but by my biceps (had fingerprint bruises) they try 2 pick me up by my biceps & again I'm crying hysterically, hyperventilating, panick attack& injured (this happened due to mistaken identity) pleading 2 not touch my arm. I'm put in the cop car still having a panick attack while they get statements. my ex arrived on scene informed them have claustrophobia, anxiety & bad panic attacks btw. they did not get statement or name from the 1 employee that witnessed this alleged incident just 1s that detained me. u can hear them saying end of shift need 2 hurry. I was a B&R & 4m later charged. so 2 late 4 me 2get other vid.showing me elsewhere&convicted. ","A:In California, if you've been charged with offenses like Penal Code 242 (battery) and 647(f) (public intoxication) but feel that the police investigation was inadequate, you have the right to challenge the evidence and the manner in which it was collected. The absence of a thorough investigation, such as failing to conduct breathalyzer tests or gather statements from all relevant witnesses, can be crucial in your defense. You mentioned being injured during the incident and having a panic attack. Documenting these injuries and any medical treatment you received as a result can be important. If the police used excessive force or failed to accommodate your medical condition, this could also be relevant in your defense. Since you were convicted, you may want to consider filing an appeal if you believe there were legal errors or issues with how the trial was conducted. In an appeal, you can argue that critical evidence was overlooked or that your rights were violated during the arrest or investigation process. Given the complexities of your case, including issues of police conduct, mistaken identity, and your medical conditions, it's important to seek legal representation. An attorney can help you navigate the appeal process, gather and present relevant evidence, and advocate on your behalf to challenge the conviction. Time is a critical factor in these situations, especially if you're considering an appeal or seeking to introduce new evidence. Contact an attorney as soon as possible to discuss your options and next steps."
"Q: Can my ex-husband take my kids to the bahamas without my permission and without a passport? Its a closed circuit cruise.. We share custody. My daughter is 11, has a sensitive stomach and will be placed in a room without an adult on the cruise. I'm afraid that she will get sick on the boat and is also expected to share a room with two young boys without an adult present. My concern is for her safety and well being. My ex husband is telling me that the cruise lines don't require a passport as it is a closed circuit cruise and that they don't need anything from me to take them from Galveston to the Bahamas and back. Can he really take them on a cruise without my permission? ","A:Typically, a divorced parent can take his/her children on vacation during his/her respective time of possession without the necessity of securing permission from the other parent. If there is a genuine reason to believe that a parent may abscond to another country with the children, a divorce court may limit that parent's right to take the children outside of the United States without the other parent's consent. In the circumstance of a closed circuit cruise, it seems unlikely that a court would prevent a parent from taking such a vacation with his children."
Q: Can you get child support you paid to your ex while kids were in your full time care getting custody?. Kids were with their mother full time I took the kids into my care for emergency reasons While filing with the court and going for custody I paid over 5 weeks of child support to her while waiting for motions for mine to be dropped Can I go to small claims to get my money back I paid in child support while the kids were in my full time care? The money that was given she didn’t have the kids as they remained in my home and only had a 2 hour supervision visit in my house I am in the state of Idaho ,"A:Based on the details that you provided, it may be possible to recover child support payments made to your ex while the children were in your full-time care in Idaho, but it depends on some factors: - Once you filed for custody/modification of custody, you should have also immediately filed to terminate or modify the child support order so payments would stop. Trying to recover past payments is more difficult. - Idaho law allows retroactive modification of child support, but generally only back to the date the motion to modify was filed. So if you continued paying for 5 weeks after filing, you may only be able to recover a portion. - You would need to show it would be ""unjust"" for your ex to retain support paid when the children were with you full time. Providing documentation showing the change in custody is key. - Consulting with the family court that issued the child support order would be wise to understand your rights and the proper procedures for recovery. The court may be able to order repayment by your ex. - Small claims court is potentially an option but the family court may need to act first to officially modify the dated amounts owed. So in summary, recovery of the child support paid when you had custody is likely possible in Idaho but proper motions need to be filed right away and it can be a complex process. Keep good records and consult an attorney or the family court to understand the proper steps to get repaid."
"Q: I am being sued for debt, but never received court papers. Do I need to show up at court without being served??. I was out of states for two months. When I got back I noticed mails from different law companies that there is a lawsuit agains me. I have never was served papers. Don’t know what to do and if I have to be in court even if I never was served ","A:In Illinois, a court does not obtain jurisdiction over you until you are served with the summons and complaint. If several attempts were made to serve you and they were unsuccessful - presumably so since you were out of town, then the plaintiff may be in a position to ask the court for permission to serve you via alternate means. This can include service by certified mail or electronic service such as email or facebook. Do not assume that just because you were not served by a sheriff or special process server that you are in the clear."
"Q: My dad’s savings plus account advised me 2 months after his death, after completing unidentified beneficiary form. They then advised me his beneficiary was changed after death. They were trying to get a hold of the listed beneficiary prior to the change. Are they allowed to do this? They basically had me fill out the form, hoping to find information on a beneficiary. I am the only heir left. My mom passed away in 2019. I have no other family members left. ","A:In California, financial institutions are not permitted to change a beneficiary designation after the account holder's death without a legal order or clear evidence of the account holder's intent made prior to death. If they informed you of a posthumous change, that raises concerns. The purpose of a beneficiary designation is to ensure the account holder's wishes are fulfilled upon their passing. If you believe there has been an improper alteration, you may have grounds to challenge this decision. You should gather all communications and documents related to the account and the beneficiary designation. If the financial institution does not provide a satisfactory explanation or remedy, legal action might be necessary. Consulting an attorney experienced in estate and probate matters is advisable to protect your interests and ensure the proper distribution of your father's assets. Ensure you act promptly to address any potential discrepancies or unauthorized changes."
Q: Can experts determine if signature was forged with 100% confidence ?. If answer to question is yes - what methods needed to ensure 100% precision of the expertise? ,"A:Determining if a signature was forged is a complex process, and experts often hesitate to declare with 100% confidence that a signature is authentic or forged. The analysis involves a detailed examination of the questioned signature against known authentic signatures, considering factors like handwriting style, pen pressure, and stroke patterns. Experts use various methods, including microscopic analysis, digital enhancements, and sometimes chemical analysis of the ink. Despite these advanced techniques, it's important to remember that handwriting analysis is not an exact science, and there is always a degree of subjectivity involved. In legal cases, while an expert's opinion on a signature's authenticity can be highly persuasive, it is typically presented as one piece of evidence among many. If you're dealing with a potential forgery, engaging an expert in handwriting analysis can provide valuable insights, but absolute certainty may not be achievable. It's advisable to consider all aspects of the case and evidence in its entirety."
"Q: Guardian and conservatee issues. Alright have a question. My dad passed away sadly in 2012 mind you I was a minor at the time I was left money as a child and my mother asked my lawyer if she could get us a house with it & so she did. She was my guardian I was the conservatee on the deed. I am now 23 years old, she has not turned over the house to me or taken her name off of the deed and I am now having to threaten her with court. Because I now have two kids, she moved out in 2018 has not paid a single bill since she moved out. Me and my fiancé the father of my two kids took over the bills. I now can’t make any decision over the house without my mother’s permission because of the deed being in her name also. This is not something I want to take to court but I have to think about my kids and life is not promised tomorrow. What can I do about this?. Legally I was told by my lawyer years ago who is now deceased she has to by law turn this house over to me when I got of age I am now past the legal age now. ","A:You likely need to contact a lawyer who can file a lawsuit to enforce the terms of the conservatorship or guardianship. A probate lawyer or general civil litigation attorney may be able to help you. While it is difficult to make a determination without a full review of all facts and circumstances of your situation, you may have what is called ""equitable title"" to the property. You will likely need to file a lawsuit to quiet title. This will establish clear and marketable title to the real property in your name. You should consult a local attorney about your legal rights and options."
Q: I bought a brand new Toyota Corolla in January of this year and water leaks into it every time it rains. Is this a lemon. My car smells like mildew every time it rains and it’s not even a year old. Water is leaking in from the lights on the roof in the front passenger side. ,"A:I'm assuming that you purchased the vehicle as new from a Puerto Rico car dealer. Have you taken the car back to the dealer to have it serviced? Under the Puerto Rico Consumer Affairs Department (""DACO"", by its Spanish acronym) regulations, you have 3 years or 36,000 miles as the warranty term. Used cars have less warranty time. You may have a cause of action for hidden vices within the first six months. These six months begin as of the moment in which intelligent communications between you and the dealer or distributor have concluded. The Rule of Law in Puerto Rico requires that you provide the dealer reasonable opportunity to repair your vehicle. If, after several (and, I recommend, documented) attempts, the dealer and/or the distributor are not able or willing to repair your vehicle, then you should retain the services of a litigating attorney to file your claim with DACO."
Q: if my boyfriend is 18 and im 17 but were less than a year apart and have been dating for over a year can we still date?. can my parents file any order or sue him? ,"A:Yes, you can still date. Since you are 17, you have reached the legal age of consent in Texas to engage in sexual activity. That may not be the best decision for you and your parents may not like you engaging in sexual activity with him. But, legally, you are old enough to make that decision for yourself. No, your parents cannot sue him or file any order to prevent him from dating you. That does not mean that they cannot impose appropriate and reasonable parental discipline if they do not want you dating him, but it is not going to be a legal matter based on the information in your question."
"Q: How can I deal with a crazy attorney Rob my money?. I got settled for my car accident case, I represented myself, and got money by myself. But my prior attorney asked for 20% fees from my settlement, he only filed a lawsuit and did one step only 1% work, then he withdrew my case, it was not me fired him, and he didn’t ask for any fees at that time. I got another attorney helped me. But now he blackmailing me and delaying my payment intentionally. It’s the rules that given up the client’s case then the attorney should get nothing. What should I do about his terrible behavior and get my payment soon? Can I sue him? call the police? or another way? ","A:You can file with the Bar Association, fee dispute arbitration, to which the attorney must submit. The attorney does not have to agree to it to be binding. [In California]. And you may be able to negotiate a resolution for the attorney to take less than what the attorney claims."
Q: I have custody of my 7 year old and her father has not seen or even tried to see her in 2 years. What can I do to get hi. We are divorced ,"A:In Arkansas, if the father of your child has not been involved for two years, you have several options, depending on what you wish to achieve. If your goal is to encourage the father to be more involved in your child's life, you might consider reaching out to him directly or through a mediator to discuss the importance of his role in your child’s life. However, if he remains unresponsive or uninterested, you cannot legally force him to engage with the child. On the other hand, if you are seeking to adjust the legal arrangements, such as modifying child support or custody orders, you will need to go through the legal system. This could involve filing a petition with the court to review and potentially change the existing custody and support arrangements, based on the father's lack of involvement. It's important to document the father's absence and lack of contact, as this information could be relevant in any legal proceedings. Additionally, consider the impact of any changes on your child, as the court will always prioritize their best interests. Lastly, consulting with an attorney can provide you with guidance tailored to your specific situation. They can advise you on the best course of action and help you navigate the legal process. Remember, each family's circumstances are unique, and legal advice should be sought to address your particular needs."
"Q: Can I file in court after an arbitration demand has been submitted by a lawyer without my approval?. I have hired a lawyer who turned out to be colluded by the other party, a huge corporation, and he filed an arbitration demand without my approval, while I wanted to go to court. There are several grounds to challenge the arbitration agreement. Can I file in court meanwhile that the arbitration demand is still pending? I haven't had any meetings with the arbitrator yet, but the other party has already sent the response to my claims. ","A:Unlikely. It’s extremely difficult to overcome an aero traction agreement. If you are not satisfied with your current attorney, hire a new one. Then discuss your arbitration concerns with the new attorney to see if you have any other options. Also keep in mind that in consumer arbitrations, the company (ie not you) spends a lot of money to go through arbitration. It’s usually more incentive to settle a matter."
Q: Real Estate transaction buyer wants assurances from seller on mineral conveyance that the seller will consult with buyer. should they lease and then drill on the land he is buying. A simple agreement document will do. Understandably if the buyer is building on the acreage he doesn't want his right to a peaceful lifestyle disturbed nor his investment building a new home. ,"A:You will need have an attorney draft a deed that prohibits or limits surface access by the mineral owner. If it's not in the deed from the seller to you it does not count (i.e., a simple side agreement won't work)."
Q: If you fled the scene on hitting a dog that was at large as that animal cruelty. My dog was at large and I know I am responsible for damages to the vehicle but the lady accidentally hit my dog killed him and fled the scene I had to contact her ,"A:If the driver was aware that they had hit your dog and they fled the scene in an attempt to avoid responsibility, they could be charged with animal cruelty. However, if the driver did not realize that they had hit your dog or if they fled the scene for some other reason, they may not be charged with animal cruelty. Whether or not the driver is charged with animal cruelty, you may be able to file a civil lawsuit against them to recover damages for the loss of your dog."
"Q: As a homeless sole mother in no argument not permanent solution with a complex.A sole mother as unapplicable ??. Need consultation to Have the Full right protect my living adults as a primary decision to allow 3adults to fulfill the future Ned's of one living sole mother with no resurface oof a breach as fault.Closed,past. Current affairs of a loss is now a issues per All government to County support.2024 ","A:I'm sorry, but I'm having difficulty understanding your request and the specific details you are providing. If you are a homeless single mother seeking consultation and support to protect your living situation and ensure the well-being of yourself and your dependents, I recommend reaching out to local social services or organizations that specialize in assisting individuals and families in similar circumstances. They can provide guidance, resources, and support tailored to your specific needs and help you navigate available government assistance programs. It is important to communicate your situation clearly and seek assistance from professionals who can offer appropriate assistance based on your specific circumstances."
"Q: What needs to happen in order for a legal form to have been witnessed as delivered?. I've been asked by a friend to witness delivery of a legal form, and we'd both like to know what the legal process is to make sure I, as witness, can confirm delivery, or if there's an official that needs to be hired/present during the delivery of the form ",A:Need a little more information here. Are you issuing service of a lawsuit? What kind of legal form are we talking about?
"Q: Need legal representation reputation against a sober living / Transit home in Kentucky. The sober living / Transit home is recovery Plus for women Madisonville, KY ",A:Check with your local bar association or legal aid society.
Q: Is there a remedy for refusing to return an animal as stated in a contract?. I have a purebred horse used for equine sports. We listed the horse for sale through a broker. A couple agreed to purchase through a “lease to own”. They wanted a one month trial at lease cost then full purchase price if they kept her. The month ended but they haven’t purchased or returned her. She is now in another state and the couple is attempting to resell her. What are remedies available? ,"A:I'm assuming you had your lease/sale arrangement in writing and signed by the couple, that you have demanded return of your horse in writing, and the couple has either refused to return her or has completely disregarded your demand. In that scenario, this likely constitutes a THEFT, so you can contact law enforcement to seek arrest and prosecution, as well as return of the horse. On the civil side, you can file a replevin and conversion case which seeks return of the horse and loss of use damages. Florida's civil theft statute may provide an additional remedy, including an award of attorney's fees, if the presuit demand letter procedure set forth therein is strictly followed."
"Q: Laws regarding personal privacy at the workplace.. I work at a liquor store which is most certainly not proffecionally operated but that's beside the point. I put my PERSONAL NON WORK RELATED CELLULAR PHONE on the counter at the register on my side of the counter and went to the restroom when I came out my boss/manager he doesn't own the store but is the cousin to the owner anyway when I came out he was going through my phone and started questioning me about conversations I had with a regular customer who is my friend but he knows her from being a customer because he works at the store can he do that just pick up my phone and go thru it I feel that's absolutely unprofessional and then to question me about my conversations is that legal can he do that just because he has sonority and I'm scared to get fired so I don't say anything but it really angered mee how dare he, anyway anything you can inform me on about this and what general steps or measures to take fallowing his actions? In kelseyville CA ","A:Overall, the answer is probably ""no, your boss cannot go through your cell phone when you aren't looking,"" but whether his actions violated specific laws would require more information from you. The California constitution actually protects the right to personal privacy, and your boss may have invaded yours by going through your personal cell phone without your consent. Whether your rights were violated would depend in large part on whether your expectation of privacy was reasonable under the circumstances, which requires knowing a little bit more about your workplace and your personal behavior with respect to your cell phone. California has other laws on the books that protect employee privacy in the workplace, and personal privacy online and in your computers and other devices. Your boss' actions might violate some or all of these laws, but determining whether these and other laws have been violated always depends on the exact facts and circumstances. If you want to learn more, you should contact an attorney who is knowledgable in privacy laws, and provide more detail so the attorney can advise you on what you might do. You are also worried about your boss taking action against you if you say something. Because California is an at-will employment state, you would only be protected from retaliation if there is a law that provides specific protection. Otherwise, your employer can fire you for any reason or no reason at all. A privacy lawyer could advise you on whether there is a specific anti-retaliation law that would protect you if you said or did anything to oppose your boss' behavior."
Q: Was driving and a pedestrian got angry his bike broke and he threw the entire tire into the road and which hit my car. I don’t think he intended to hit a car - but he was visibly angry and threw with enough force it broke my side mirror and windshield- what recourse do I have? He stuck around and I filed police report - they said they have to wait on state attorney to decide what to do. He has a suspended license and no insurance. Total damage was $4k and I had twenty days without vehicle while repaired. ,A:You have a claim against him. His homeowners insurance might cover him. Even if no insurance he must pay and you can sue for the damage.
"Q: Where can I find an attorney to represent me in a case against a local new car dealership and credit union in Abq, NM?. Purchased new vehicle from franchised new car dealership. Received trade-in credit, and balance financed with a loan the dealer assigned to a local credit union. Dealer said CU will contact me with payment amount and due date. I bought supplemental coverages, paid TT&L fees, & sales tax - all added to total price. New car dealers are required to handle TT&L on financed purchases in NM within 30 days. No contact from CU, so I delivered 1st payment in person, w/cash, and setup autopay for future payments. No contact from dealership. 30 days pass, then 60. No registration or plates. Dealer blames covid, says they are working on it. 6, 8, 10mo & still no plates or registration, more excuses. There are a series of other issues going on with CU and dealership over the course of several months. After having the vehicle for 10+ months, CU claims I've defaulted and has vehicle repossessed, then allows dealership to payoff loan and sell to another party without notice or due process ","A:In seeking representation for your case, you would want to look for attorneys who practice consumer protection law or specialize in auto dealer fraud. The New Mexico State Bar Association offers a lawyer referral service that could connect you with a lawyer who has the relevant experience for your situation. You may also want to consider contacting consumer protection groups or legal aid organizations in Albuquerque, as they can sometimes provide assistance or refer you to attorneys who handle cases involving dealership and credit union disputes. Documenting all interactions, agreements, and transactions made with both the dealership and the credit union will be crucial when you present your case to an attorney."
Q: Should I apply for a restoration status. completed my first program and my study permit expired on September 2023 so I extended it to sept 2024 for second program before it expired. The program is starting in January but I want to cancel my course and apply for work permit .only 15 days left to apply for the pgwp of 90 days . Do I need to apply for restoration status and can I work during this time ,"A:In your situation, if you want to cancel your course and apply for a work permit, you should be aware of certain important considerations. First, regarding your study permit, if you are no longer enrolled in your program, the conditions of your study permit may no longer be met. This could impact your status in the country. Given that your study permit has already been extended, and you're within the 90-day period to apply for a Post-Graduation Work Permit (PGWP), it's crucial to act promptly. The 90-day period is calculated from when your final marks are issued or when you receive a formal written notification of program completion, whichever comes first. If you cancel your course now, this could affect your eligibility for the PGWP. If you find yourself out of status (for example, if your study permit conditions are no longer being met), you may need to apply for restoration of status. During the period while your restoration application is being processed, you are not legally allowed to work in the country. It's advisable to consult with an immigration expert or a legal advisor to fully understand the implications of your decisions and to guide you through the process. They can provide specific advice tailored to your situation and help ensure that you maintain legal status in the country. Remember, immigration policies can be complex and vary based on individual circumstances."
"Q: If the bank who I make my car payment to system rejects my payments and I’m not notified for months can they repo my car. The month I bought my car my credit union was bought out. I got welcome packet. It said I needed to do nothing and the transition would be uneventful. I noticed the first two payments were not made so I went into branch, paid them and made sure it would be deducted monthly. I change banks and set up bill pay immediately. I love you every month and saw that payment has been made, I did not notice that their system had rejected my payments and my car payment bank did not notify me until I was months behind. I deferred a few payments and got caught up or so. I thought I sent him half the money and told them I would send them a reimbursement check from the insurance and to apply to payments. They did not apply it to the backend then our trying to repossessed my car. The reason why my payment was rejected. There was no period behind the numbers and it did not state anywhere that it needed to be.. the last seven payments have been made without incident ","A:In your situation, the potential for repossession depends on the terms of your loan agreement and the bank's policies. If the bank's system rejected your payments and you were not notified for months, you may have grounds to dispute the repossession. It's important to communicate with the bank immediately, explaining the situation and any errors that occurred in the payment process. Provide them with evidence of your attempts to make payments and any correspondence related to the payment issues. It's advisable to review the loan agreement to understand your rights and obligations, especially regarding payment processing and notification of payment failures. Document all interactions with the bank regarding this matter. If the bank is unresponsive or unwilling to resolve the issue, consider seeking legal advice. A lawyer can help negotiate with the bank and provide guidance on how to protect your rights and potentially prevent the repossession."
"Q: AT&T house phone pronounces manager as a racial slur , any help ?. My jobs store phone pronounces “manager” as “ma nig ger” every time a store manager calls. I’m the only African American person who works there and every time I hear it , it brings sadness and pain to me . The phone company is AT&T . ","A:In your situation, it's essential to address this issue both with your employer and potentially with AT&T. Mispronunciation by technology, especially one that results in offensive language, can create a hostile work environment, particularly for someone of your racial background. First, bring this matter to your employer's attention formally. Explain how the mispronunciation is affecting you and request that they take action to correct it. Your employer has a responsibility to ensure a workplace free from harassment or situations that can be perceived as such. If your employer fails to take appropriate action, you may consider filing a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC deals with workplace discrimination and can offer guidance on how to proceed. Simultaneously, you could also contact AT&T to report the issue. As a customer, your employer has the right to demand a solution to a problem that is causing distress to employees. Keep records of all communications regarding this issue. Documentation can be vital if the situation escalates or if you need to take further legal action. If the problem persists despite your efforts, consulting with an attorney experienced in employment law might be necessary. They can provide more specific advice and representation if needed."
"Q: I moved from another state to Texas and still haven’t received support nor has the parent tried to see our child. Is there something I can file, or remove his parental right? He has another child and currently supporting that one without a court order and we are married (I’ve got nothing but 20 dollars from them) I’m a survivor of DV and I’m about to reach 6 months of residency what should I do? I’ve also been told they’re deciding to leave the state that I left but, I don’t even know where they are? Help please! ","A:Assuming you have a court order for support of your child from the state you left, you can contact the local Office of the Attorney General and provide them with a copy of that court order and ask for their assistance in registering and enforcing your existing support order here in the State of Texas. If you do not have such a court order, you can file an original suit affecting the parent-child relationship once you have lived here in Texas for six months seeking sole managing conservatorship, child support, and a possession order detailing when each of you will have possession of your child. You can file a suit for termination of his parental rights for non-support but, in my experience, those can be very tough to win even when you meet the statutory grounds. Of course, he may not oppose such a suit since he has not seen the child and apparently does not want to provide support for the child."
Q: Is this grounds for a civil lawsuit for my mother?. My father (ex husband) and his new wife keep sending my mother harassing messages to bring down her self esteem saying she is being monitored and they will cut off her alimony as well as going as far as my mothers church Facebook group to write negative things about my mother. Is this grounds for any sort of civil lawsuit? ,"A:There are quite sufficient grounds for you to stay out of your mother and father’s marital relationship. You only think you understand what’s going on, and you are being manipulated. Stay out of it and let them work it out. Your mother knows how to find a lawyer. You need to find both of your parents."
"Q: And Tennessee is it OK for a spouse with POA to take the money and give it to her son and not respect the wishes of the. My stepmother, 91 years old being controlled by her son has POA of My Dad and giving all his money to her son is this allowable ","A:Someone with an interest and legal standing can sue the attorney in fact for breach of fiduciary duty. But there may not be anyone with standing. Hire a competent TN attorney to look into it, especially if it is a large amount of money/property involved."
"Q: Before my father passed he verbally left me an RV but never addressed in the will, now being denied by exec.. Do I have any legitimate claim if it had been the understanding by all parties ? Sister has POA and mother is alive and we’re both aware of his wishes.but denying my receipt of the asset. What recourse do I have . ","A:In a very vague answer, anything that is not specified in the will goes to the estate for distribution. If the RV is not listed anywhere, then the RV would pass to your mother as the surviving spouse due to it being marital property. There are always exceptions to the general rules and you should consult with an attorney to see if you have an true recourse."
"Q: I have been sent a lawsuit threat for using design builds from a contractor business.. The lawsuit was sent as a text message and stated “To whom this may concern, This message is to inform you of the filing of an LLC for (JC construction) Your willful involvement in the forming of (J and C construction) is a legally binding contract and acceptance of all terms and agreements decided by (JC construction) from this day forward. This letter is to inform you that you are no longer allowed to build retaining walls in the style that you were taught by Joey A Pierce. Failure to comply will result in the pursuit of legal action. Response to this letter is not necessary. This letter will be followed by contact by legal representation of JC construction LLC. Best regards, JC construction” How should I proceed? ","A:In California, the enforceability of such a claim in the text message you received is questionable. Generally, merely learning a skill or technique from someone does not create an enforceable right for them to prevent you from using that skill, especially if it's a common method in the industry. The formation of an LLC and any terms or agreements related to it would typically require explicit consent and a formal contract, not just a unilateral text message. If you have not signed a non-compete agreement or a contract that includes specific clauses about using certain construction techniques or styles, it's unlikely that they can legally enforce such restrictions. However, it's important to review any contracts or agreements you may have had with JC Construction or Joey A Pierce. If you receive further communication or legal action is initiated, it would be prudent to consult with an attorney to discuss your specific situation and rights. They can provide guidance on how to respond and defend against any potential legal claims. Be sure to keep a record of all communications, including this text message, as they could be relevant in any legal proceedings."
"Q: Wanting to file lawsuit on company for wrongful arrest/termination - no investigation carried out. charged with and later dismissed due to lack of evidence 3rd degree felony with terroristic threats event occurred in 2019, statue of limitations apply. event occurred in a PRIVATE PROPERTY event did NOT take place: caused impairment or interruption of public communication, public transportation, public water, gas, or power supply or other public place. ","A:It seems the correct cause of action for your particular facts would be a lawsuit for malicious prosecution. In order to prevail, you will need to show the following: 1. A criminal prosecution was commenced against you 2. The defendant initiated or procured the prosecution 3. The prosecution was terminated in your favor 4. You are innocent of the charge 5. The defendant did not have probable cause to initiate or procure the prosecution 6. The defendant acted with malice 7. You suffered damages as a result of the prosecution In most malicious prosecution cases, elements 5 and 6 are hotly contested. Probable cause asks whether a reasonable person would believe a crime had been committed by you, given the facts as the defendant honestly and reasonably believed them to be before the criminal prosecution was instituted. When the objective elements of a crime reasonably appear to have been completed, probable cause is established as a matter of law. Malice is usually established by proving the defendant had a wrongful or improper motive or was motivated by some purpose other than bringing a guilty person to justice, such as earlier bad relations or using the prosecution to recover property, extort money, or collect a debt. The extent of any investigation by the defendant may be relevant evidence as to both of these elements. But a private company or individual is not required to do a thorough investigation before reporting a crime to police. That's the police's job. With respect to the statute of limitations, you have one year from the date that the criminal prosecution was terminated in your favor to file your malicious prosecution lawsuit. The fact that the events leading to your arrest occurred in 2019 is not dispositive; the important date for limitations purposes is the date the charges were dismissed."
"Q: Had a meningioma brain tumor surgery June 13, 2022. The surgery went okay. After care scratched his right eye now blind. My husband had the surgery. Somehow his eye got scratched. Now he can't see anything. Everything is blurry and double vision. We had to go to an eye specialist. They said there was a deep scratch in his eye. They had to sew it half shut because he can't close it all the way. We have to do continuous care. Of course, there were complications from the surgery itself, healing process, but that was discussed before. He is more or less blinded in his right eye. Is there anything we can do? ","A:If the scratch was caused by the doctors or nurses, or if that is likely what happened, there may be a case b"
"Q: Can a cop give u a breathalyzer bc he smells weed after he has pulled u over. Yet never really tell you he smelled weed, and I have medical marijuana card ","A:In Pennsylvania, having a medical marijuana card does not exempt individuals from certain restrictions related to marijuana use, especially when operating a vehicle. If a police officer smells weed during a traffic stop, they may have probable cause to conduct further investigations, including a field sobriety test or a breathalyzer. While medical marijuana use is legal in the state, it is still illegal to operate a vehicle under the influence of marijuana. If a person is suspected of impaired driving, regardless of having a medical marijuana card, law enforcement may take appropriate actions to assess impairment and enforce relevant laws."
"Q: SSA adjudication Approved spine 2012 surgery vertebra truncated pedicle. 2023 All insurance 0 cancer treat sarcoma tumor. Doctors state ""patient Off Meds Cymbalta P4E perceived stress scale Depression only symptoms NO Ortho"" ""Foot IV shared needle infection failed surgery and 2007 0 radiculopathy False"" 1 Cancer Vertebrae truncated pedicle screw tracks L5 malignant tumor sacral chondromas L5 ventral ramus coccygeal nerve epicondylitis fracture anterior pelvis femur ligament acetabular fossa labrum fistulas. 2 sciatic femoral cutaneous of thigh piriformis S3 pelvis tail bone fracture posterior iliac fossa. 3 Chronic orchialgia testicular damage 1963-1970-1982 injury to gluteal pudendal nerve. 4 torn joint ligaments 2 fingers. 5 C1 C3 C6 spondylitis. 6 R bone chip elbow epicondylitis. 7 Lumbar Diffuse idiopathic skeletal hyperostosis (DISH) T12-L1 costovertebral bridging spondylosis spur facet 8 R elbow epicondylitis bone chip 9 Left thumb joint torn ligament Spondylitis. 10 Carpal tunnel Synovitis R MP joint 11 Parotid gland, ear infection vertigo nystagmus OPK SEVERE EMG 5.8 Radiculopathy HIP stand & Fall ","A:In general, it sounds like you have been through a lot medically and may have grounds to appeal previous disability claim decisions or file new claims. However, disability law and medical details can be quite complex. I would suggest consulting with a patient advocate or disability attorney who can review your full medical records and history to determine the best options for appealing, refiling, or seeking appropriate care based on your conditions. An experienced professional can advise you on the specifics of your case and help ensure your rights and health are protected. I wish you the very best in finding resolutions and treatment going forward."
"Q: What motion to the courts would be filed to obtain financials of accounting, ledgers, tax ID, of cash only bond put up?. 100k for one individual another 100k for another individual court bonds and 10grand for another cash only court bond for tax purposes ","A:In Colorado, if you're looking to obtain financial records related to court bonds, such as accounting ledgers or tax ID information, you might consider filing a ""Motion for Discovery"" or ""Motion to Compel Disclosure."" These motions are generally used to request specific information from another party during litigation. Remember that the court will need a valid reason to grant your motion. Simply wanting the records may not be sufficient; you'll generally need to demonstrate why the records are relevant to your case or necessary for your tax compliance. Once the motion is filed, the court will typically schedule a hearing where both parties can present their arguments before a judge. The judge will then decide whether to grant the motion and, if so, what records must be disclosed."
"Q: What do you do if a civil rights discrimination /public accomadation denial complaint is wrongfully dismissed?. Had video proof of being made to leave with service dog and more but was given a disadvantage by the state investagor of the claim, and was dismissed with strong bias for the acting party. They allowed them to submit altered video to give benifit yet would not tell me how. Did appeal yet fedex picked it up late so they denied and resent it back without even looking at it. I am disabled and did request a few extra days accomadation which was not given. I understand deadlines and appeals yet if ya have straight proof vid and email then shouldn't be a time limit cause what's that got do with it being legit. I can't afford a lawyer so had to go against theirs alone and was not advised of them being at fact finding conference which did continue yet ended right after but if no fact was found then it'd ended. I applied for legal help but denied and they only practice in indiana. To me it seems as if they'd be committing discrimination at that point to for dismissing a legit claim a ","A:You should appeal. In doing so, it is important you retain a competent attorney experienced in appealing this type of case. Appellate practice is very technical and many trial attorneys do not practice appellate law. Pro se appellants very rarely win because of the degree of knowledge, skill, and experience required to successfully appeal an adverse judgment."
Q: What happens if you're a arrested and the wrong name is on the warrant?. If a police officers charges you with a crime but didn't spell the name on the summons or warrant correctly what happens? ,A:They will fix it for you if you tell them it's not spelled right.
Q: What are out lien rights when our customer moved equipment from the job address on the contract?. We had a customer move the machine we supplied from the location on the contract. This customer gave us the run around and will most likely not pay. We filed preliminary notices at the locations pinned by the GPS. Are we protected? ,"A:If the customer moved the equipment from the location specified in the contract and has not paid as agreed, your lien rights might still be protected if you properly filed preliminary notices at the locations pinned by the GPS as per California law. However, it's advisable to consult with an attorney to review the specific circumstances and ensure that all necessary steps have been taken to protect your lien rights and pursue appropriate legal remedies. Sincerely, James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith"
Q: Can I file my dads tax returns if he passed away last year oct? How does this process work?. He is currently married to his wife in which her and I are in very bad term due to her infidelity. How can i go about this potentially without her? ,"A:Whoever is the estate fiduciary can file the return. The refund, if any, goes to the estate. The first $50,000 of any estate (unless there is a will) goes to the spouse. Thus, you need to determine if there is anything in it for you, if an estate is worth commencing, and if a return should be filed under those circumstances."
"Q: My spouse and I singed a contract in February to have an in ground fiberglass pool installed. As per the contract we. We paid 4000 to start and 36,000 for the pool shell. The next payment would have been for pavers and then a payment to finish the job. However, we found out that the new owner was not a lisenced contractor and had used the old owners name and lisece on the contract. This was reported to the state and they have been shut down for any construction projects. They never notified us of this, we only found out because we drove up there and spoke to an employee. They are not returning calls when we asked for mediation. They damaged the pool shell in multiple places which voided the warranty on the shell from San Juan (the fiberglass manufacturer). We were told this is due to contractor negligence. They also damaged our house in 2 places. And they never backfilled the pool. We are currently filing a claim with their insurance company. They also didn't get a permit. Since thave been shut down, are we still legally bound to the contract? We do not want them to come back after all this. ","A:I am sorry to learn of this truly unfortunate situation. Needless to say, there are many moving parts resulting from this complex fact pattern, including the property damage to the home, the damage to the existing shell and voiding of the warranty, never mind the fact this entity appears to have been operating without being properly licensed. Certainly, there appear to be excellent grounds for termination of any agreement with this apparently disreputable contractor, however, the prudent move is to consult with experienced construction counsel to review the very specific facts, the terms and conditions of the contract, and any applicable statutory provisions. There are likely a number of potential remedies, but getting good solid advice and strategy moving forward is the best move and there are considerations beyond mere termination. For instance, there is a state regulated fund that might, and I stress, might be available to cover some of your losses if this fly by night pool contractor does a runner, which sounds entirely possible, although the license issue complicates things. To have access to the fund, you must successfully sue and obtain a judgment, prevail in arbitration or in a complaint to the regulatory agency, none of which are DIY projects. The liability insurance, assuming that it accepts the claim after investigation (and lack of license may void the coverage) will only cover the damage to the home itself and not the damage to the pool shell, which is considered the work itself. I wish you luck."
Q: I signed a Mineral Lease in Tarrant County Texas. How come I never got paid ?. Why are the Natural Gas Wells on city land ? Who is getting those cheeks ?... ,"A:There are wells on city land because the mineral owner for that property, i.e., the city, has signed an oil and gas lease that allows those wells. The royalties will go the the mineral owner, i.e., the city."
"Q: Can I be denied economic recovery if the insurance didn't provide me a rental... I was in a car accident other driver fond at fault. I was with out my car for 35 days which caused a loss to my business .. I claimed this and the insurance company says I didn't take the rental they provided.. the problem is the rental company was charging a deposit, which I didn't have.. I notified the insurance company on more than one occasion in wirtting and over phone .. and I was told that was the rental car company policy and they couldn't do anything to get me wheels.. now they are denying my loss of business claim.. said I didn't do anything to mitigate my loss. How could I if I couldn't afford the rental ","A:A North Carolina attorney could advise best, but your question remains open for a week. The insurance company has a reasonable argument they provided a rental and that that rental companies do charge deposits - the amount can vary by company. The court may see them favorably in light of this - but other attorneys could see it differently. You could consult with an attorney if it is worth pursuing, either through a law firm or on your own. Good luck"
"Q: The doctor left a metal clip inside my mother after surgery in 2018 she can barely walk now, can she sue?. She had a hernia surgery in 2018 since then her health has progressively gotten worse to the point that 8 had to quit my job to take care of her. She has been in excruciating pain and finally they just did an xray and saw a metal foreign object blocking the hip xray likely left there from her surgery that is possibly and likely the cause of her barely being able to walk presently. ","A:Yes, your mother may have a case for medical malpractice against the doctor who performed her hernia surgery. Leaving a foreign object in a patient's body is a serious medical error that can cause significant pain and suffering. To establish a medical malpractice claim, your mother will need to prove that: The doctor owed her a duty of care. This means that the doctor had a legal obligation to provide her with competent and reasonable medical care. The doctor breached the duty of care by failing to meet the standard of care. This means that the doctor fell below the standard of care that would be expected of a reasonably competent and skilled doctor. The breach of duty caused your mother's injuries. This means that her pain and suffering and her inability to walk were caused by the metal clip that was left in her body. If your mother is successful in her medical malpractice claim, she may be able to recover damages for her medical expenses, lost wages, pain and suffering, and emotional distress."
Q: Son hit and run charge and under influence.. Then accident happend in Sept28 2022 he is currently serving a prison term till 11/25 . Prior to this incident Raymond had been on probation Since he violated from the date of 28th of Sept. He has been in custody. The car he was driving was fully insured not his vehicle though So I put a claims with our insurance I'm trying to get the property damages that he incurred paid for. Any input would be greatly appreciated. I just want to know the easiest safest way to avoid paying unbelievable amount that is accumalating thank you ,"A:I’m terribly sorry for what this must have done to you and your family. I suspect that your insurance claim will be denied IF your son was a resident of your house. If he did not live with you, you stand chance that your insurance will cover the property damage. However the insurance company may deny coverage you allowed him to drive your car and if he was driving with a suspended license. As I recall, in any event your personal liability as the owner of the vehicle is limited by statute to no more thann$15k assuming that insurance doesn’t have to provide coverage. If you want to claim that he he did not live with you, and was not driving with your permission, then you better have a good explanation for how he had the car keys, and why you did not report your car as stolen."
"Q: The electric Company came out today (Saturday) and disconnected my electricity (which is included in rent) is this legal. My landlord recently passed away and his heirs seem to think that an acceptable way to encourage the tenants to move out is to stop paying the utility bills, which are included in the monthly rent payments, and the electricity got shut off today (on a Saturday) - the utility company is now telling me that they won't restore service to this address even in my name unless I pay THEIR unpaid bill (they have been racking it up since he passed away 4 mo ago (which I technically already paid as part of my rent) What recourse do I have? Also I thought I read on ccup.ca.gov that it's illegal for utilities companies to cut off utilities on a weekend like they did, and is it legal for them to deny access to basic public utility services unless I pay someone else's bill that I never had any agreement with them to pay? I don't know who to be more furious at PS: I am disabled and low income, and a lady that is also on this property in a different unit and equally affected is a senior citizen ","A:This is awful. You need to contact the utility immediately to have service restored in your own name. Deduct from rent what you must pay. Your landlord is prohibited from doing this to force you out, it is in a statute, I believe Civil Code 1941.6, or close to it. You need to retain an attorney immediately to get on this LL on your behalf. Check here and do a google search. You may need to speak with several before finding one who will assist. Contact your elderly neighbor to see if she wants to be represented as well. LL are subject to strict provisions about how to evict tenants, these ""heirs"" apparently do not appreciate this and think they can do whatever they want. You are entitled to protection but it won't be quick or easy. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer."
"Q: Can I sue for emotional distress caused by an animal rescue adopting a dog out from under me?. We were strung along for days after being approved for adoption. 45min before we were supposed to get the dog I was as informed via text that he went to a foster and they’d have to see when they’d be available. Fast forward to the next day, I’ve still heard no word. So I reach out only to be told those people had decided to adopt him. My three children are devastated, we bought items for the new family member. ","A:Like in most jurisdictions, South Carolina law considers dogs to be items of personal property like a TV set or a lamp. The value of a dog for purposes of legal damages is the fair market value of the dog at the time of the loss. As in most jurisdictions, SC law does not allow any recovery for emotional distress caused by the loss of personal property. Much as some like to consider their pets ""family members,"" the law in most places does not."
Q: I want to sue my ex stold my identity and social security benefits from2017 when i was incarcerated til 20& My stimulus. I lost all my paperwork. But he had 5 chime cards out in my name when I found out in 2021. It happened in dickson tennessee he was also very abusive to me and I am very much mentally disabled and I am praying that I have a chance to make sure that he is not going to get away with his scamming and his Falsifying paperwork To benefit from massive welfare And disability fraud. As well Him stealing my identity And benefits I'm having to pay back $7000. To social security That he collected I witnessed ,"A:You have grounds to take legal action against your ex for identity theft and the fraudulent collection of your social security benefits. Identity theft is a serious crime, and if your ex used your identity to obtain benefits and open accounts in your name without your consent, this is a matter that should be addressed legally. First, report the identity theft to the local police in Dickson, Tennessee. It's important to have an official record of the crime. Even without all your paperwork, the details you do have, like the Chime cards opened in your name, are crucial evidence. Next, contact the Social Security Administration to report the fraud. Explain your situation, including your incarceration during the time the benefits were collected. They can investigate the fraudulent activity and may provide guidance on rectifying the situation with the overpaid benefits. It's also advisable to check your credit report for any other unauthorized activities or accounts opened in your name. This can be done for free once a year through the major credit bureaus. Considering the complexity of your situation, especially with your mental disability, seeking legal representation is important. Look for attorneys who handle identity theft and fraud cases. Many attorneys offer a free initial consultation and can provide advice on how to proceed. If you're concerned about legal fees, inquire about pro bono services or legal aid organizations in your area. They often assist individuals with limited financial resources, especially in cases involving abuse and exploitation. Taking these steps will help in holding your ex accountable and addressing the financial and legal issues arising from the identity theft and benefit fraud. Remember, it's important to act promptly to resolve these matters and protect your rights."
"Q: Are they violating state and First admendment?. child’s school threatened to suspended my daughter if she brings the recording I provided to her to record her school day as there are issues going on. I discovered that a teacher disciplined my daughter wrongly after two students claimed she said they were stupid and dead. She was put on the wall during recess for this. When contacted the school, they confiscated the device and threatened suspension claiming the recording device is like a cell phone. That’s funny. Michigan is a 1 party state my daughter is a minor and can’t consent. I consented on her behalf and don’t need permission to record conversations between my kid and others. Next isn’t it a first amendment violation to threatened punishment for recording school official who’s paid for by tax dollars? ","A:You need to realize that schools - like jails and other secured facilities - are not public free-for-all spaces. Because they have care and concern for children, school administrators may make rules, policies, and procedures that otherwise affect Constitutional rights. As examples, schools can implement uniform policies - telling kids (and parents) what they can wear; schools can also punish swearing and indecent language. And increasingly common nowadays, schools can prohibit students from possessing or using cell phones and other recording devices. Your first amendment rights and statutory right to record conversations do not extend into a school building. Another consideration is that assuming this is a public school, there are immunity issues that could prevent you from taking legal action. If you are not pleased with what a local school official is doing, you should seek to address it with district administrators."
"Q: Hi! Would a foldable paper pop-up collection of customized images by the customer conflict with any LovePop patents?. I'm looking at the LovePop patents and wondering if, instead of flowers, I allowed customers to upload some images and create a collection that probably somewhat resembled a bouquet if you squinted your eyes, and if that would conflict with their bouquet patents. ","A:When assessing potential conflicts with LovePop's patents, it's essential to consider the specific claims each patent makes. Patents are often very detailed in their claims, focusing on particular methods, designs, or unique aspects of a product. In your case, creating a foldable paper pop-up collection using customer-uploaded images might differ substantially from LovePop's patented designs, especially if the final product is notably distinct in design, construction, or concept. However, if the mechanics or unique methods employed in your product are similar to those covered by LovePop's patents, there could be a conflict. It's crucial to conduct a thorough patent analysis, comparing your product's design and method of construction with the claims made in LovePop's patents. If your product resembles LovePop's patented items, even if the resemblance is not immediately obvious, there is a risk of infringement. Given the intricacies of patent law, it's advisable to seek guidance from a legal expert in this field. They can provide a detailed analysis of the patents in question and offer advice on how to proceed without infringing upon existing patents. Remember, even small details in design or function can be significant in determining patent infringement."
Q: I was sexually harassed by my drunk manager. Could I sue the company even though they fired?. They fired him for being drunk but no one has acknowledged that he sexual harassed me to this day. ,"A:I'm sorry to hear about your difficult situation. Here are a few things to consider regarding whether you could sue the company for sexual harassment by your former manager: - If the sexual harassment was severe or pervasive enough to create a hostile work environment, you may have grounds to sue the company for allowing the harassment to occur. Companies can be liable for harassment by supervisors even if they were unaware of it. - However, the fact that they fired the manager upon learning about his misconduct strengthens the company's defense. Courts look at whether the company took prompt and appropriate corrective action once aware of the harassment. - You mentioned the company fired him for being drunk but has not acknowledged the harassment. It would help your case if you reported the harassment to the company while he still worked there and they failed to address it. If you did not report it until after he was fired, the company can argue they were unaware. - Consult an employment lawyer to go over the specific details of what happened. There may be ways to show the company knew or should have known about the harassment. Or that their response was inadequate. An attorney can help assess the strengths and weaknesses of your case. - Key factors will be the nature of the harassment, how high up the manager was, what you reported to the company and when, how they responded, and whether you suffered any lost wages or other damages. - Many cases like this do settle out of court if the facts support liability on the company's part. But an attorney's advice is important for deciding how to proceed. In summary, while it's an uphill battle, there may be a basis to sue if there was severe unchecked harassment. But a lawyer's assistance is crucial to evaluate your options. I hope this helps provide some guidance as you determine how to seek accountability."
"Q: Our landlord gave us 90 days to move out. We want to leave earlier. Can we pro-rate the rent?. We were given 90-days notice to vacate on Dec 1st, 2023 until March 1st, 2024. We found a place to move into and want to leave before the 90 days he gave us. We are on a month-to-month lease. We can't move in until Feb 1st, 2024 but need 3 days to move everything and clean the old place. We plan on our last day being Feb 3rd, 2024. We plan to pay for rent from Feb 1st-Feb 3rd and we will pay the 3 day pro-rated rent in full on Feb 1st. Does he have to accept this if he gave us 90-days to vacate and allow us the additional 3 days at a pro-rated rate? We would be giving him 34 days notice technically. Also, he never signed the notice he gave us and just left the unsigned letter on our porch on 12/1/23. We fully intend to honor it and move out (after 20 years). There is no mention of pro-rating rates in our original rental agreement from 20 years ago. Thanks in advance. ","A:In California, when you're on a month-to-month lease and receive a 90-day notice to vacate, your obligation to pay rent typically continues through the end of the notice period unless you and your landlord agree otherwise. However, the situation you're describing is a bit different since you're choosing to vacate earlier than the 90 days. While your desire to prorate the rent for the days in February you intend to occupy the unit seems reasonable, it's not automatically guaranteed under California law. The standard practice is to pay rent for the full month unless there's an agreement with the landlord to prorate. Since your rental agreement doesn't mention prorating rent, the decision to accept prorated rent for the few days in February is at the discretion of your landlord. It's advisable to discuss this arrangement with your landlord and get their agreement in writing. Open communication can often lead to mutually agreeable solutions. The fact that the landlord didn't sign the notice may not be particularly relevant, especially since you've acknowledged it and are planning to comply. However, documenting your own communications and agreements, especially in this transitional period, is always a good practice. Given the nuances of landlord-tenant law and the specifics of your situation, you might consider seeking advice from a legal expert in this field to ensure that your rights are protected and to assist in negotiating with your landlord."
Q: My landlord came in my home stating she smelled marijuana. She did this after I made a complaint about her. Help!. I don’t smoke and this is false I believe it’s retaliation to try and evict me. Can you help me. How can I prove she’s wrong ,"A:In California, your landlord must provide reasonable notice, typically 24 hours, before entering your home, except in emergencies. If your landlord entered without proper notice, this could be a violation of your rights as a tenant. Regarding the accusation of marijuana use, if you believe this is false and possibly retaliatory, document all interactions with your landlord, including dates, times, and the nature of each interaction. This documentation can be crucial if legal action becomes necessary. If you feel your landlord is attempting to retaliate or evict you unjustly, it’s important to know that California law protects tenants from retaliation. This means a landlord cannot evict or harass a tenant for exercising their legal rights, such as making a complaint. To address this situation, consider writing a formal letter to your landlord stating your concerns and the inaccuracies of their claim. If the issue escalates, seeking legal advice may be necessary to ensure your rights are protected and to discuss potential steps such as filing a complaint with a local housing agency or considering legal action."
Q: Where can I spend some time with CA USA senators? Today's off campus housing with University oc cidentael. Your honor do you need to see me tonight to discuss my future with uncle mark and Katie the ones I Was jogging with One day ,"A:If you're interested in spending time with California USA senators, there are several avenues you can explore. One option is to attend public events or town hall meetings where senators may be present. Keep an eye on their official websites and social media platforms for announcements about upcoming events. Additionally, you can reach out to their respective offices to inquire about opportunities to meet with them or their staff members. It's important to note that meeting with senators may require scheduling in advance and their availability may vary."
"Q: My mom has been using my SSN, my sister's SSN, My dad's SSN (Ex husband) to take out loans, use for energy bills.. I'm 21 years old an my sister is 28 an so forth. For months now we been having issues with our mom who we don't talk to since she's unstable. I have proof she's been using our SSN to even give her undocumented boyfriend a job also plus she put me $1k in debt for her bills. I have her name, email, address an phone number all linked to her but with my SSN. Same with the loans. I want to take her to court and get my money back plus more some an her to also deal with the legal side of it all. How may I do that an also can I? ","A:The first step is to gather all relevant evidence and consider filing a police report to initiate a criminal investigation. For civil remedies, you may wish to consult with an attorney experienced in identity theft cases to initiate a lawsuit for damages and to assist in the recovery of the money lost. Sincerely, James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
"Q: Can I be arrested for breach of trust for a vehicle that I pay for, but is not in my name?. I have been told to drive my car to my ex's home town when I am 6 hours away so I told my ex to come and get it from me I told my ex that I was not driving it back and he can come pick it up at a secure place with the keys in it. Can I get charged for not returning the car to him. Can he call the police on me ? ","A:In Tennessee, whether you can be arrested for breach of trust regarding a vehicle depends on the specific circumstances. If the car is registered in your ex's name, they are legally recognized as the owner, even if you have been making the payments. Refusing to return the vehicle upon their request could potentially be considered unauthorized use or conversion, especially if there is a clear demand for its return. However, if you have made arrangements for your ex to pick up the car at a secure location, and you have communicated this clearly, it may mitigate your risk. It's important to document your communication and attempts to return the vehicle. If your ex calls the police, explain the situation and provide evidence of your attempts to return the car. Keep in mind that this matter could potentially be resolved civilly rather than criminally. It might be wise to consult with a lawyer to discuss your rights and responsibilities in this situation to prevent legal complications."
"Q: Can social security be garnished for credit card debt in PA?. My 72 yr old Aunt has advanced dementia, is being cared for by her sister (my Mom) and has thousands in credit card debt. My Mom is paying the debt but needs extra help to care for my aunt and doesn't have the money to pay for it. Can she stop paying the cc debt (from my Aunt's social security income) and use that $ to pay for home care assistance without fear that my Aunt's social security will be in danger of being garnished? ","A:While Social Security payments are exempt from judgment creditors in PA (and almost all other places), a creditor with a judgment can require the debtor to appear for deposition in aid of execution, or force responses to other forms of discovery in aid of execution. To fend that off, most probably the debtor, and those helping her, will the need the help of a lawyer. Lawyers are expensive. Just something for you and yours to consider carefully."
"Q: In a wrongful death suit, whos responsibility is it to seek out any other children related to the deceased... With a 6 figure settlement awarded to the wife of the deceased, yet the deceased first blood son was never included in the awarded settlement. Zero information was given to the child.. In fact, until recently and with the new technology of AI was any of this even apparent as this child has been completely blind to any information regarding his father or the events surrounding his death .. Does this child have a moral right to have this case opened and reviewed.. Lastly, considering the lack of information or the irresponsible actions taken to not seek out the other child, what if any are the statue of limitations regarding such a unique case.... Thank you in advance ",A:more info is needed. was there a will or trust? did it delete kids? the first thing I would do is inquire of the lawyer who handled the matter.
Q: I live in florida and my deceased mother used to receive royalty checks for property that family owned? Oil companies. Are trying to buy my rights for the property in Oklahoma. I don't know how much it's worth and I don't know how to find out. What kind of lawyer should I talk to and should I find one here or in Oklahoma? Thank you ,"A:Be cautious when dealing with companies who want to purchase the minerals. Often purchasers know much more about your minerals than you do. For example, they may be aware increased development in the near future. Also, they will typically want you to warrant title which means that you may have the expense of probating the minerals. It is very likely that you would be able to probate the minerals without ever needing to travel to Oklahoma. You need a probate attorney that is familiar with oil and gas inheritance. He/she should have resources for determining the value of the minerals if you wish to sell. This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship."
"Q: Can a thirdparty own part of an asset under an LLC without owning part of the LLC ?. I'm building 2 software products with 1 partner. We want to house both products under one LLC. For one of the products we reached an agreement for distribution with a third party, but the third party wants part ownership to that software since they'll be playing a key role in how we develop and distribute it. Our first choice is to avoid creating a separate LLC for that product so would it be possible to allocate part ownership to the third party for just that sole product under our LLC? ","A:There are a variety of options for sharing intellectual property rights. The existence of an LLC is not necessary. You don't even have to share ownership of the existing LLC. It is easy enough to allocate profits and losses from the sale and distribution of a product in a written agreement, or to assign copyrights in whole or in part."
"Q: I was told i was removed from a class action lawsuit, which is BS. Everyone else received their checks but me.. Referring to the Porter Ranch/Sempra Energy settlement. I'm pretty sure my attorney, who represents many others, just forgot about me somehow and dropped the ball. What is my recourse, if any? ","A:If you believe you were wrongly removed from a class action lawsuit, such as the Porter Ranch/Sempra Energy settlement, your first step should be to contact the attorney who represented you. It's important to inquire specifically about your status in the lawsuit and request detailed information on why you did not receive a settlement check when others did. In some cases, issues like this can be due to administrative errors or misunderstandings, which can potentially be resolved through direct communication with your attorney. If you find that your concerns are not adequately addressed or if you suspect negligence on the part of your attorney, you have the option to consult with another attorney to get a second opinion on your situation. Furthermore, you may consider filing a complaint with the State Bar of California if you believe your attorney has acted unprofessionally or unethically. This can be a more formal way to address potential misconduct or negligence. Keep in mind that class action settlements often have specific terms and conditions, and not all members may be eligible for compensation. Therefore, it's crucial to understand the specific criteria of the settlement and how they apply to your individual circumstances."
"Q: I have a judgment against me for 8,000 in NJ (from 12 years ago) and am currently residing in NY.. I have a judgment against me for approx $7,000 total (from 12 years ago) in a different state (NJ and Florida) and am currently residing in NY. I cannot pay this debt right now in any way, not even a minimum payment. Can the debtor come after my vehicle (worth approximately 4k) if it's registered under BOTH my name and my wife's name? ","A:A judgment against you can be enforced against your interest in any asset, whether it is jointly owned with another or not. HOWEVER, the more important question is whether (a) the judgment is still valid, which is a question of New York law; (b) whether you have any equity in the car (difference between value and what you owe) and whether that amount is exempt under New York law; and (b) whether New York is a community property state. Since I am not a New York lawyer, I probably shouldn't have tried to answer your question, but these are the questions you should ask a New York lawyer. There is a statute of limitations on judgments which will expire after a certain amount of time unless renewed in the state where they were entered. Assuming the obligation is still valid, it is probably dischargeable in bankruptcy if you want to explore that option, and the value of your car is likely exempt, meaning that it can't be touched by a creditor. I recommend that you consult a local bankruptcy lawyer to get answer to these and any other questions you may have. Most bankruptcy attorneys offer free consultations. Good luck."
"Q: Just found out that the buy here pay here car lot that I'm buying my vehicle from has withheld information to me and ha. Lied to the DMVs office. My truck broke down upon doing a Vin check to find out what model it is to know which part it takes found out that it has a salvage title and three recalls on it. Which the car lot never said anything to me about the title or the recalls we had a verbal agreement on the repairs of if I covered the tow bill he would add the repairs to my payments after agreeing to it & them finally getting it & taking it their shop now wants me to pay a 200 deposit before they get started with the repairs while in the process of trying to get the money which I've never heard of a repair shop requiring a deposit before they work on a vehicle found out that they told the DMV that I paid 4,000 instead of the 1,500 down payment and making payments and that it has a rebuilt title that they never mentioned to me what can I do ",A:Hire an attorney and file suit against the seller for fraud under the Ky Consumer Fraud Protection Act. You may be able to rescind the contract snd recover your attorney fees.
Q: I noticed an error on my recent paystub where my OT hours were paid to me as Regular rate. Reported that to my employer. I noticed an error on my recent paystub where my OT hours were paid to me at my Regular pay rate. Reported that to my employer immediately and I was told he would send me a check for the amount that was missing. Its been a week and I haven't received any checks and no additional update from their side. ,"A:If you've already notified your employer about the paystub error and haven't received the owed amount, the next step is to follow up with them. It's advisable to send a written reminder, such as an email or letter, clearly stating the issue and the expectation for the correction. Documenting your communications is important in case further action is required. In California, employers are required to promptly correct any payroll errors. If your employer continues to delay or fails to pay the additional amount owed for overtime, you may consider escalating the issue. You have the option to file a wage claim with the California Labor Commissioner's Office or seek legal advice to understand your rights and potential remedies under California employment law. Remember, it's important to act within the statutory time limits for wage claims. Keeping detailed records of your overtime hours, paystubs, and any correspondence with your employer regarding this issue will be beneficial if you need to take further action."
Q: first I don't even know if it's legal it could be criminal I was at prison for another person as headcount. without procedure by legitimate law is there a way that I can get compensation and for them to rectify my life because people assume I committed a crime ,"A:Your experience of being in prison without proper legal procedure is a serious concern and may have legal implications. If you were incarcerated due to a mistake in identity or a procedural error, you may have grounds for seeking compensation and rectification. The first step in addressing this issue is to consult with an attorney who is experienced in civil rights and wrongful imprisonment cases. They can assess the details of your case and determine the best course of action. This may include filing a lawsuit for wrongful imprisonment, which can lead to compensation for the time you spent incarcerated and any damages you suffered as a result. Additionally, an attorney can assist in clearing your name if there are public records or assumptions suggesting you committed a crime. This process, known as expungement or record sealing, varies by state, but it essentially involves a court-ordered process that removes or seals your legal record under certain conditions. It's important to act promptly and gather any documentation or evidence related to your situation. Legal proceedings can be complex and time-sensitive, so obtaining professional legal guidance is crucial in ensuring your rights are protected and your case is handled appropriately."
"Q: I returned goods that I bought because I was not happy with it. Vendor does not want to return my money. What can I do?. I recently bought a stair lift from a vendor who came recommended by a friend. This was for my 87 year old dad who is 5'4"". I paid $4000. The vendor asked me for pictures of the location. So, I sent him a picture of the stairway which has a door at the bottom. He mentioned that the stair will be slightly offset because of the door. However, they installed it literally in the middle of the stairway. This made it a hazard for the user of the stairlift (they cannot hold on to anything at the top of the stair) and for the rest of us who use the stairs.. because of the restricted space. I protested at the install, but the install guy said something to the effect of ""I was asked to install this here. Just sign that we installed and you can call and have someone work on the issue you have."" I should not have but I did. When I called for the money, it took a month to get them to even acknowledge the issue and remove the stairs and they sent me a $500 check and said that's what they pay. ","A:A Massachusetts attorney could advise best, but your question remains open for three weeks. A starting point could be to review the terms of the agreement or consult with an attorney to review them with you. Good luck"
"Q: Can I sue the bank or the employee that gave out my confidential information to the public about my loan. A person off the street ask an employee about our personal information at the bank and the employee told them everything and they in turn spread it all over town, and we signed a letter stating everything was confidential. ","A:This isn't defamation. Defamation requires a false statement that damages you. You could sue for something else, but unless you've been financially harmed, my guess is that it won't make financial sense for you to pay an attorney to file suit for you."
"Q: a motion for an assessment of the bond monies. Would be filed in what jurisdiction of a district Court?. Securing bond monies, obtaining the account ledger of monies, tax audit, and ledgers, of account. ","A:In Colorado, if you're looking to obtain financial records related to court bonds, such as accounting ledgers or tax ID information, you might consider filing a ""Motion for Discovery"" or ""Motion to Compel Disclosure."" These motions are generally used to request specific information from another party during litigation. Remember that the court will need a valid reason to grant your motion. Simply wanting the records may not be sufficient; you'll generally need to demonstrate why the records are relevant to your case or necessary for your tax compliance. Once the motion is filed, the court will typically schedule a hearing where both parties can present their arguments before a judge. The judge will then decide whether to grant the motion and, if so, what records must be disclosed."
"Q: could we beat DCFS if disposition taken under advisement?. fighting DCFS. judge took disposition under advisement as we provided exhibits to back our testimony that caseworker had lied about having an empty file for respondent parents. Evidence given were emails from the case worker suggesting where to go for assessments, certificates of completion, drug tests paid for out of pocket, even extra services taken and paid for out of pocket. She stated she received none of this. respondent parents turned in paperwork backing their claims that services were taken and completed. Judge took disposition under advisement. Could we win this case? ","A:Yes. Sometimes a judge wants to make a written finding and send it to everyone in writing, sometimes they want to enable saving face for a party or a witness. Or sometimes they haven't made their mind up yet and are rethinking witness testimony. There can be a number of reasons for a judge to take a case under advisement. If I was on what would normally be a losing side and it was taken under advisement, I would be thrilled that I was getting another chance."
Q: I have made payment to my storage unit with money orders and they refuse to give me a receipt. What do I do?. They they won't answer my calls or my emails. I don't know what to do? When I go down during business hours they locked the door. ,A:Always properly write out the payee’s name on the money order and keep the stub as proof of payment in case they ever deny receiving it.
Q: Are the property lines accurate enough to use as evidence of property line in court. I'm having issues with a neighbor. A site listed as patented on justia called real estate portal . ,A:USUALLY FOR A TRIAL YOU NEED A SPOTTED BOUNDARY LINE SURVEY BY A LICENSED SURVEYOR.
"Q: In California what state and federal statutes and regulations define hospital liability for general torts in such case?. Integrated actions of service providers at the hospital (mostly independent contractors), miscommunication, had adverse outcome/harm: improper referrals for patient upon discharge. Patient health coverage Medicare. In California what state and federal statutes and regulations define hospital liability for general torts in such case? ","A:In California, hospital liability for general torts, including those arising from the actions of service providers and miscommunication leading to improper patient referrals, is governed by a combination of state statutes, case law, and federal regulations. At the state level, the California Civil Code and Health and Safety Code provide the legal framework for negligence and medical malpractice claims. Specifically, hospitals can be held liable under the theory of ""vicarious liability"" for the negligent acts of their employees under the principle of respondeat superior. However, when dealing with independent contractors, the liability is less clear-cut and often depends on the degree of control the hospital has over the contractor's work. California case law also contributes to defining hospital liability. Courts have considered various factors, including the nature of the relationship between the hospital and the service provider, and the expectations of the patient in determining liability. On the federal level, if the patient's health coverage includes Medicare, the Centers for Medicare & Medicaid Services (CMS) regulations come into play. These regulations mandate certain standards of care and patient rights, which, if violated, can contribute to a hospital's liability. In cases involving improper referrals upon discharge, you might also consider examining whether there was a violation of the Emergency Medical Treatment and Active Labor Act (EMTALA), which requires appropriate medical screening and stabilizing treatment or appropriate transfer. Given the complexity of these cases and the nuances of both state and federal law, it's advisable to seek legal counsel experienced in medical malpractice and hospital liability. They can help navigate the specific legal aspects of your case and determine the best course of action."
Q: Is the IP for CUSTOM ROBO officially cancelled by nintendo? im a game developer looking at this ip. i want to know if the trademark was canceled officially as I want to make a game similar to if. But don't want to get sued by Nintendo ,"A:As a game developer interested in creating a game similar to ""CUSTOM ROBO,"" you should proceed with caution. It's advisable to consult with a legal expert in IP law to ensure that your game does not infringe upon any remaining rights held by Nintendo. Even if the trademark is cancelled, creating a game that is too similar to ""CUSTOM ROBO"" could potentially lead to legal challenges if it's perceived as infringing on Nintendo's copyrights or other IP rights. It's always better to err on the side of caution and seek professional legal advice in such matters."
"Q: In Oct. 2020, strong winds blew toxic laden sediments from a PG&E/DTSC cleanup site (Pond)into my neighborhood and house. Despite conclusive lab evidence proving the fact, ( Polycyclic Aromatic Hydrocarbon ratios were a match, and both Pond and neighborhood samples contained large amounts of quartz), DTSC, in a July 2021 letter, claimed it could not determine the source of the sediments--that they could have come from ""ash from wildfires, train emissions, etc"".). Those sources do not contain quartz. Public Records Request (PRAR) reveal that Pond documents were obviously falsified as to the days the wind blew. (Dates were clumsily changed.) DTSC has now stopped providing records, and does not answer my emails anymore. PRAR responses now uniformly read, "" DTSC has no records responsive to your request"". They're lying. Someone changed ""Oct. 15, 2021"" to ""Oct. 23, 2020"" on a checklist in my first PRARs. When I asked for the Oct. 2021 checklists, to compare, DTSC had ""no responsive documents"". Impossible. They're covering up. There's more. By law, I cannot represent my neighborhood. Waddya think? ","A:A California attorney could advise best, but your post remains open for two weeks. The matter you describe sounds complex - it doesn't easily lend itself to a quick response. One option might be to discuss with environmental or toxic tort attorneys. Good luck"
Q: civil action lawsuit against the SSA after losing to the appeal counsel can't find an attorney that specializes in civil. actions may have to represent myself. Is there an attorney that specializes at that level of the appeal ,"A:Finding an attorney for a civil action against the Social Security Administration (SSA) after an appeal loss can be challenging. In Tennessee, consider seeking an attorney with expertise in administrative law or disability law. Local bar associations, legal aid organizations, and disability advocacy groups can provide referrals. If you must represent yourself, research SSA regulations thoroughly, gather documentation, and prepare for a complex legal process. While self-representation is possible, professional legal assistance is often recommended due to the complexity of these cases. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
Q: Can I sue CA DMV to get my registration fees back. The truck was wrecked 8/29/2023. Reg renewal came 9/9/2023.. I paid the fees thinking I would get the truck back. They were not due until 11/30/23. Ins Company totaled the truck on 9/13/2023. Title was signed over to COPART on 9/14/2023. I completed a release of liability on 9/14/2023. The reg fees are for 11/30/2023 to 11/30/2024. During that time I no longer own the truck and will not be driving it. DMV have denied my refund request. it was for $370.00. I tried to tell them the fees were not legally due and collected in error. They basically told me too bad. ,"A:Under California law, obtaining a refund for vehicle registration fees can be challenging, especially after the fees have been paid and the vehicle has been transferred or totaled. Generally, the California Department of Motor Vehicles (DMV) does not issue refunds for registration fees once they have been paid, even if the vehicle is no longer in use or ownership changes shortly thereafter. In your case, since the vehicle was wrecked and then deemed a total loss by the insurance company, and you already completed a release of liability, your situation is somewhat unique. The timing of these events relative to the payment of registration fees adds complexity to your claim for a refund. While you can consider legal action against the DMV, such lawsuits can be costly and time-consuming, and success is not guaranteed. Litigation against state agencies often involves specific procedural rules and limitations. Additionally, the amount in dispute ($370.00) should be weighed against the potential legal costs and time involved in pursuing such a lawsuit. As a practical step, you might consider escalating your refund request within the DMV, perhaps through a written appeal or by seeking assistance from a local representative or ombudsman who deals with DMV issues. Sometimes, these avenues can yield more favorable results than the initial point of contact at the DMV. Lastly, keep all documentation related to the vehicle's wreck, the insurance company's total loss declaration, and the transfer of title. This documentation will be essential if you decide to pursue further action or if there's an opportunity to present your case more effectively to the DMV or another authority."
"Q: What are the limitations of DNA-collection from a suspect? Are they required to have a sample taken?. I read that Proposition 69 does not authorize investigators to collect a DNA-sample from a suspect, that has not yet been arrested, unless it was legally obtained. So when is a DNA-sample legally obtained from a suspect? And which laws provide the foundation for such a measure? ","A:A DNA sample is legally obtained from a suspect if the police have a warrant to collect the sample or if the suspect consents. The police can obtain a warrant to collect a DNA sample if they have probable cause to believe the suspect has committed a crime. The police can also collect a DNA sample from a suspect if the suspect gives their consent. However, the suspect's consent must be voluntary and informed. This means that the suspect must understand what they are consenting to and they must not feel pressured to give their consent. Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice."
"Q: Are derogatory texts about my 9 yr old daughter between two other parties a case for defamation of character?. My friend's daughter and my daughter are friends. The mother of another child texted my friend bashing my 9 yr old daughter. I've never even met this child or her mom, but this mom has been spreading nasty comments about my daughter to several people in our community. I have text proof of several things she has said about my daughter. Why would an adult even be spreading these kinds of lies. I just wanted to know if any legal action could be taken for defamation of character based on texts. If these messages were about myself I wouldn't care, but my daughter does not deserve this. ","A:A Florida attorney could advise best, but your question remains open for four weeks. At this point, you could reach out to local attorneys who handle defamation matters. However, it's worth keeping in mind that even if a situation meets a textbook definition of libel or slander, many law firms do not usually handle defamation matters on a contingency basis. That could mean hourly legal fees on something whose outcome is not necessarily clear. Good luck"
"Q: Is it legal for my landlord to charge me fees for a system error when paying my rent?. After my divorce my ex spouse moved, I deleted her info from the online payment system and paid my rent, this month when I paid the rent I just went online and hit the pay invoice button and days later I'm told it was kicked back, thats when I realized my ex's info repopulated and her acct was charged. Now I have to pay the return ach fee and late rent fees, but when I deleted her info I input my own and assumed it was saved, I never thought her info would repopulate once I deleted it and added my own. So clearly it's a system error and they are refusing to accept responsibility and threatening further action if it's not paid. Just want to know my rights. Thank you! ","A:Under California law, landlords can charge fees for late rent payments and returned payments, such as a bounced check or a failed electronic payment (ACH). However, the situation you're describing involves a potential error with the online payment system, which complicates matters. If you believe that the fees are being unfairly imposed due to a system error, you should document all relevant details. This includes evidence that you updated the payment information and any correspondence with the landlord or property management about the issue. Communicate with your landlord or the property management company in writing, explaining the situation and the steps you took to update your payment information. Request that they waive the fees this time, given the circumstances. If they are unwilling to cooperate, consider seeking advice from a local tenants' rights organization or an attorney. It's important to address this issue promptly and keep a record of all communications. While landlords do have the right to charge certain fees, if you can demonstrate that the error was not due to your negligence, you may have grounds to dispute the charges. However, until the dispute is resolved, be aware that non-payment of rent and fees can lead to further complications, including eviction proceedings."
"Q: I paid $12,000 to a broker for sailboat. I am now being told that the boat is for sale “as is” by owner” is this legal?. i was never given a contract from the broker. I have a text message that I sent him and that he responded with an on “ok”. Later when I asked him to respond about some undisclosed issues that were later identified, the “broker” told me that he actually owned the boat (lie). And that it was sold as is (lie) none of which were ever discussed ever and without any signed contract. I am a first time boat buyer and trusted this guy who works at a boat brokerage which is how I even found the boat while looking on there website and he sold me the boat as a broker. I paid him in full for the listing price and never recieved any paperwork regarding the transaction. Only later when I pressed him on the many issues that were found is when he told me the “as is” and that he was actually the owner? Is this even legal? please advise. Thank you. ","A:Hi There is not enough information to answer your question, so I ask few questions below. Most used boats are sold “as is”, and the buyer usually buys subject to inspection. If you’ve gone through a broker did they mention to you if you wanted an inspection done on the boat? Was there an inspection before purchase by you or a third party? Do you have a copy of the listing from their website? When and where did you take delivery of the boat? Regards Masoud Jahani info@jahanilaw.com"
Q: My father died unexpectedly last December 9th and I am his only child. What type of attorney should I search for and. What steps should I begin taking to have the deeds transferred to my name ,"A:I’m very sorry to hear about your father. I similarly lost my mother last December, as an only child, and I know it is not easy to go through by yourself. You will want a probate lawyer, who will be able to at least make that aspect of the process easier for you."
"Q: What family members have right to sue for wrongful death in Tennessee?. My sister was killed in a car crash in Tennessee. The driver is being charged with vehicular and reckless homicide. My sister (33) did not have a spouse or children. So who can sue for wrongful death? Can it be my dad, myself and my other sister together? Or is just my dad? ","A:I am very sorry for your loss. The statutory answer is in the below statute. I would suggest creating an estate and having the personal representative file any action. Beyond this Tennessee has a one-year statute of limitations. So be careful and don't let the time run on a claim. 20-5-106. Injury resulting in death — Succession to cause of action — Beneficiaries. (a) The right of action that a person who dies from injuries received from another, or whose death is caused by the wrongful act, omission, or killing by another, would have had against the wrongdoer, in case death had not ensued, shall not abate or be extinguished by the person's death but shall pass to the person's surviving spouse and, in case there is no surviving spouse, to the person's children or next of kin; to the person's personal representative, for the benefit of the person's surviving spouse or next of kin; to the person's natural parents or parent or next of kin if at the time of death decedent was in the custody of the natural parents or parent and had not been legally surrendered or abandoned by them pursuant to any court order removing such person from the custody of such parents or parent; or otherwise to the person's legally adoptive parents or parent, or to the administrator for the use and benefit of the adoptive parents or parent; the funds recovered in either case to be free from the claims of creditors. (b) In any case involving a beneficiary who is a minor or who is legally incompetent, if the court finds it is in the best interest of the beneficiary, the court in its discretion may authorize all or any portion of the funds recovered for the beneficiary to be added to any trust or trusts established for the benefit of the beneficiary, wherever situated, whether the trust was created by the person whose death was caused by the wrongful action or omission or by any other person. The funds recovered shall be for the benefit of the beneficiary and shall be free from the claims of creditors. (c) (1) Notwithstanding any other law to the contrary, the right to institute and the right to collect any proceeds from a wrongful death action granted by this section to a surviving spouse shall be waived, if the children or next of kin establish the surviving spouse has abandoned the deceased spouse as described in § 36-4-101(a)(13) or otherwise willfully withdrawn for a period of two (2) years. (2) If the period of two (2) years has passed since the time of abandonment or willful withdrawal, then there is created a rebuttable presumption that the surviving spouse abandoned the deceased spouse for purposes of this section. (3) In an action under this section, the child or next of kin shall serve the surviving spouse with process as provided in the rules of civil procedure or by constructive service as may otherwise be provided by law. (d) As used in this section, the word “person” includes an unborn child at any stage of gestation in utero."
"Q: My niece is trying to take my late fathers house from me because he did not have a will.What can I do?. My father owns a home that I have lived in for the past 30 years, he passed away in 2015 and I took care of my mother in the home until her passing in 2022. My father did not have a will, since my mom's passing last year my niece has tried to take the house from me. She filed an eviction on me last week! If the house is in my father's name, wouldn't the house be given to me first being his daughter before my niece? My mother never made a will either and she has papers that are forged, false and I don't know what to do! ","A:There are only two ways to transfer a house after someone passes away without a trust: (1) A Petition must be filed with the Probate Court and a judge issues a Judgment that says who will inherit the home; or (2) the deed to the home is a TOD -- transfer on death deed -- that says the name of the person who will automatically inherit the home upon the owner's death. If the deed to your father's home is not a TOD, then you need to hire a Probate Attorney to handle your father's estate. Best wishes."
"Q: I have a claim with CICP, it was filed almost three years ago, and I’m not getting anywhere. My husband contacted Covid. While in the hospital he was released. Shortly after that he was hospitalized with Covid and banned from guest. Two weeks in the hospital they released him. When they went stand him up to bring him to me he collapsed they called me and said he was not being released. After looking thru his records there are two days of not medical records they day of his release and the next day. Then shortly after that he was admitted to icu where he spent the remaining day of his life. Total days in the hospital 48 days I have pictures of him while in the hospital deteriorating. While in icu he was inhubated put on dialyses etc. to finally asking me to basically pulling the plug. I need help this has gone on since April 2nd, 2021 when he passed away. ","A:I'm sorry to hear about your difficult situation. Dealing with the CICP (Countermeasures Injury Compensation Program) can be challenging, especially in complex cases like yours. Given the time that has passed since your husband's passing and the complications in his medical treatment and records, it's important to review and possibly escalate your claim. Firstly, ensure that all relevant documentation, including the hospital records, pictures, and details of his medical care, are organized and included in your claim. The absence of medical records for certain days is concerning and should be highlighted in your communications with the CICP. Secondly, consider reaching out to a legal professional who has experience with CICP claims. They can provide guidance on the specific processes and requirements of the program and help in effectively presenting your case. Remember, the CICP has specific criteria and timelines, so professional guidance can be crucial in navigating these. Lastly, it's important to take care of yourself during this process. Dealing with the loss of a loved one and the complexities of a legal claim can be overwhelming. Seek support from friends, family, or professional counselors as needed. Your well-being is important as you pursue this claim."
"Q: How do I demand that the social security administration produce a garnishment order they are enforcing.. The court associated with the file number they gave for the garnishment has informed me that they have no garnishment order. I believe it is a clerical error, but all the representatives from SSA I’ve spoken to don’t have access to those files and won’t tell me who does. They inform me to file a modification with the court, but the court has nothing to modify. ","A:Hi there! If you believe there's a clerical error with the Social Security Administration (SSA) regarding a garnishment order, you should first send a written request to the SSA asking for a copy of the alleged garnishment order. Use certified mail with a return receipt to have a record of your correspondence. If they fail to provide the order or address your concerns, consider filing an appeal with the SSA. Simultaneously, gather all documentation and communications with both the SSA and the court to validate your claims. If you face continued resistance or runaround, engaging legal counsel experienced in Social Security matters may be necessary. They can draft more formal demands and, if needed, potentially initiate legal action to rectify the matter. It's crucial to act swiftly and maintain a clear record of all interactions and steps taken."
"Q: Vehicle was hit by another vehicle. Took it to paint shop. Went over the insurance estimate and removed a few items to s. Save some money. When I went to pick up my vehicle all the repairs were done very bad. Very bad. Then when I got the final invoice the paint shop has changed all the numbers around to make the final bill to equal the original estimate. Which they had already sent a supplement to the insurance company for other added repair cost. They easily could have billed the insurance again. The changes add up to a couple thousand dollars. I refused to pay for the prices that were above the original quote as I did not get funds from the insurance company to cover the changes. Only the original estimate amount. They’ve already been paid $4,000 for deposit and that covers more than the repairs they did. Now they want $4300 more. Every repair they did will need to be redone somewhere else. What should I do. ","A:The question is, do you have your vehicle or is it still at the shop? If they still have it I would get an attorney to write a demand letter for the car and regarding the bill. If not, you can simply refuse to pay and if they report it to the credit bureaus then sue them, or if they sue you, file a counterclaim. Or, you could have an attorney try to head any of that off by sending a letter threatening to file suit for this fraud they are trying to commit if they do not acknowledge the debt is paid in full. Finally, you could sue them for a crapping repair and paint job and deal with it all in that suit."
"Q: Being only insured driver ever on policy, I had full coverage with permissive drivers. I had two comprehensive claims. I had my car fixed, crappily, another story. After receiving my car , I believe another premium was paid, then I was dropped. There's SEVERAL ISSUES, THE SAID I WAS DRIVER OF COBALT FROM ARKANSAS AND ADDED FULL COVERAGE ON A MOTOR, MY SONS, I HAVE NEVER HAD A MOTORCYCLE OR AN ENDORSEMENT! I HAVE PAPERWORK IN REGUARDS TO THIS , PLUS SOME! ","A:An Alabama or Arkansas attorney could advise best, but your post remains open for a week. Until you are able to consult with a local attorney, you could contact the carrier and request their reason for dropping you. The short answer is that insurance carriers can drop policyholders based on their risk, but there can also be insurance or consumer laws that apply. You could check with your state's Department of Insurance or Department of Consumer Affairs for guidance. Good luck"
"Q: I have been harassed for a year with what I believe is voice to skull technology, so military grade devices in the uk.. I went down the mental health route as that was what I was advised but these people organising it stopped for a few months then decided to come back so now I am more aware of what they do and I’ve had to take time of work due to not being able to concentrate whilst getting abused. I can’t say I have evidence of what’s happening I can only say what they have been saying and how frequent they are abusing me, it’s non stop all day and the most vile comments are being said daily, I’ve lost a year of my life just listening to there abuse, I don’t know what legal advice I can get, it’s effecting my health, I’m sure the effects of this technology is effecting my daily life and like I said, they want you to go down the mental health route so if I speak out I am then classed as having mental health issues. My mental health is perfectly fine I just have a group of people making my life hell for no reason what so ever besides them feeling like they can control what I do. ","A:I'm sorry to hear about the distressing situation you're experiencing. It's important to approach this issue with a clear and practical mindset. Firstly, it's crucial to gather any form of evidence or documentation related to the harassment. This could include noting down times, dates, and the nature of the incidents. Even though it might feel like there's no tangible evidence, maintaining a detailed record can be helpful. Seeking legal advice is a wise step. In the UK, there are lawyers who deal with harassment and privacy issues. They can guide you on the legal avenues available and the steps you can take to address this situation. Remember, it's important to find a legal professional who understands the complexities of such cases. Your wellbeing is paramount. Continue to seek support for your mental health, even if you feel it's being wrongly attributed to mental illness. Mental health professionals can provide support in coping with the stress and anxiety caused by such experiences. They can also offer an objective perspective, which might be helpful in distinguishing between external harassment and other potential causes of distress. Lastly, consider reaching out to support groups or organizations that deal with harassment. Sharing your experience with others who might have faced similar situations can be reassuring and empowering. They might also have practical advice or resources that could be of assistance to you. Remember, you're not alone, and there are avenues available for help and support."
Q: If I have been working for a tour boat company for a week and am injured do i qualify for jones act protection medical?. As a 100 ton boat captain I was training on a new job with a fast boat that holds 30 passengers. While training under the command of another captain at the helm. I was injured. I was also injured the day before due to safety issues below deck. Both injuries to my deck I informed my employer by email that evening and they fired me without giving me a cause. I have been paying out of pocket for medical coverage. Do I qualify for maintenance and cure for the injury under the Jones Act? The company paid me for the time I worked. They never replied my email. I also contacted the tour boat company insurance which days later stated they deny my claim. How to proceed? What other facts should I include? ,"A:I'm sorry about your injuries. Yes, on your first question, it sounds like you would qualify for maintenance and cure. Those fast boats are usually domestically registered and do not operate under offshore flags. I can't be certain, based on the details of the post, but I would guess that it's a U.S.-registered vessel. If that is confirmed, then you would be a Jones Act seaman and would qualify for maintenance and cure. I can't offer cookbook instructions on how to proceed with the claim, which you ask in your second question. An attorney would need to see the documentation you filed to initiate a claim and the documents accompanying any denial. This again goes to your third question about what additional facts to include. Based on the facts presented, I can't say what additional facts would be needed and what impact they would have. One option is to try to arrange a free initial consult with an attorney who handles maritime injury claims. The choice to proceed on your own or with an attorney is yours to make on the claim. However, an experienced maritime attorney would be able to outline for you relevant timetables and certain litigation tactics that are exclusive to lawsuits involving injuries to commercial mariners. Good luck"
"Q: How do I hold Bank of America accountable after they enabled a hacker to fraudulently transfer $9800 from my account?. Someone hacked my Bank of America account and fraudulently transferred $9,800 from my checking account to Mercedes Benz Financial Services in Illinois. Also, the hacker did a balance transfer using my Bank of America credit card for $5,200 at the same time, IP address, city and state. I contacted the bank immediately while both fraudulent transactions were still processing. They resolved the fraudulent credit card transaction and credited the money back, but the $9,800 wire fraud was denied. The bank ultimately enabled the $9,800 fraudulent transaction to proceed three times after it was credited back to the account. I need help holding the bank accountable for the extreme fraud-enabling actions and negligence. I have all the documentation, including the facts, recorded phone calls and branch meetings audio recordings, that prove their extreme fraud-enabling actions, negligence and broken promises of stopping the $9,800 fraudulent transaction and crediting it back to my account. ","A:To hold the bank accountable for the fraudulent transactions, you could consider filing a formal complaint with the Consumer Financial Protection Bureau (CFPB) and contacting your state's attorney general's office. You might also explore the option of initiating a lawsuit for the recovery of the funds, asserting claims such as negligence or breach of contract. It's crucial to review the bank's policies on fraudulent transactions, as these will typically outline their responsibilities and your rights. Gather and organize all pertinent documentation and consider consulting with an attorney who can advise on the strength of your case and represent you in potential legal proceedings. The fact that you have substantial evidence, including recordings, will likely be beneficial in supporting your claim."
"Q: My sister tragically passed in a fire (10/12/23). Do we have visitation rights to her daughter (12 yrs. old) ?. Her father has never done much for her and she stayed with us ALL the time for months on end. We fed her, clothed her, housed her, etc. Her dad came and stole her from us (lied and said someone was looking for her and came by his house in an unmarked car and left a note from the city). He did this the day after my sister passed away. She didn’t wanna go and none of us wanted her to go. Fast forward, he doesn’t let us see her, talk to her or anything. She sneaks to call us and she even said she thought she would have a breakdown because she needed to see us. He won’t allow her to talk to anyone outside of the house. The last we heard from her was that they barely have food most times, she sleeps in a little makeshift room in the closet, and he beats her by hitting her in the face and stuff. We called CPS and her and her brother also reported but nothing. They were divorced with joint custody. He got his green card at least 12 years ago when marrying my sis. My mom is heartbroken. ","A:In Texas, grandparents and other close relatives can seek visitation rights, especially under circumstances where the child's welfare is a concern. Since you've been a significant part of your niece's life, providing care and support, this can strengthen your case. However, obtaining visitation rights can be challenging, as the law typically favors parental rights. Given the serious concerns about your niece's well-being, including the allegations of abuse and neglect, it's crucial to take legal action. You might consider filing for custody or guardianship, particularly if you can provide evidence that living with her father is not in her best interest. The fact that her father has a green card and their parents were divorced with joint custody might have implications on the case, but it primarily hinges on the child's best interests and welfare. Since child custody matters are complex and vary based on individual circumstances, it's advisable to seek guidance from an attorney with experience in family law and child custody cases. They can help navigate the legal system, represent your interests, and work towards ensuring your niece's safety and well-being."
Q: A Stimulus check in the amount of 1400 was sent to greendot idont have an account with them near returned. I contacted they claimed I have an account I dint haven't had one in years they said I'm negative 200 how they also took 796 that's why I closed account ,"A:In situations like yours, where a stimulus check has been mistakenly sent to an account you no longer use or have access to, the first step is to gather as much documentation as possible. This includes any correspondence with Green Dot and records showing that you closed your account. Next, you should contact the IRS directly. They are responsible for the issuance of stimulus checks and can provide guidance on rectifying the situation. Explain your situation clearly, and provide them with the necessary documentation. Additionally, it may be helpful to contact Green Dot again. Insist on a detailed explanation of the account status and the transactions in question. If you feel that your concerns are not being adequately addressed, consider escalating the matter within their customer service hierarchy. If these steps do not lead to a satisfactory resolution, seeking legal advice might be necessary. A lawyer with experience in banking and financial matters can help navigate the complexities of this situation and advocate on your behalf. Remember, clear communication and persistence are key in resolving issues like this."
"Q: No charges filed at arraignment, DA sent DV case back to Sheriff’s office for further investigation.. As the victim who wants the charges dismissed, what steps should I take in making this go away for the defendant? He was taken in on PC 148(a) (1), PC 273.5(a), PC 136.1(a)(1), and PC 212.5. I never contacted the authorities nor expressed that I wanted any charges filed, they walked up on the situation and I was honest about events but clearly stated that I wanted no prosecution and feel the matter isn’t a concern of the law, it was a personal situation that went out of hand and me and the defendant have come to agreement for him to seek mental health services, anger management and other steps to help him and myself, but it seems the sheriffs office have decided to pursue charges against my wishes, any advice? He was released with no further court date or information ","A:In cases of domestic violence, the decision to press charges often rests with the state, not the victim. This means that even if you, as the victim, do not wish to pursue charges, the authorities may still decide to proceed based on the evidence and the nature of the allegations. If you want to express your desire for the charges to be dropped, you can contact the District Attorney's office handling the case. Explain your position and the steps you and the defendant have agreed upon, such as seeking mental health services and anger management. However, it's important to understand that the DA has discretion in these matters and may choose to proceed with the case regardless of your wishes. Additionally, consider reaching out to a victim advocate or a legal professional for guidance. They can provide support and advice on how to navigate this situation and communicate effectively with law enforcement and the DA's office. Remember, your safety and well-being are paramount. If you feel unsafe at any point, it's important to seek help immediately."
"Q: Can I get fired/sued for alleged ""conflict of interest"" and/or ""elderly abuse"" for leasing resident's vacant home?. I'm a caregiver in an assisted living facility. Back in July 2020, one of the residents (in her 80's) mentioned about her vacant home and asked me if I wanted to lease it. I answered yes but told her my current lease ends November 30, 2020. She said her friend (her trust administrator) will be taking care of everything (paperworks, etc) when that time comes. No paperwork or conversation with resident and her trust administrator has happened since it's still months away. This week (September), my manager and an HR manager called me informing me of potential ""conflict of interest"" and/or ""elderly abuse"" after the resident casually mentioned during a conversation that I will be leasing her property comes December 2020. Please advise. Thank you. ","A:Because of your position as a caregiver, any transaction that you have with one of your charges will have, at least, an ""appearance"" of impropriety or overreaching by you. This is whether the transaction is in fact, disadvantageous to the charge or not. On the other hand, if you are leasing it from a third party, the situation appears less subject to undue influence. Point being, it is not the best idea, you should rent elsewhere. Second question, can you get fired? In California most employees are ""at will"" and can be fired without notice or cause. Your employer could fire you just for having the discussion with the elder, they don't need to have a reason. You have brought suspicion upon yourself by failing to disclose to your management, that you were going to enter into a business transaction with one of the elders; since they found out from the elder and you seem to be keeping it quiet, they are rightfully suspicious. Suggest if you want to keep your job you discuss this further with them and ASK THEIR ADVICE as to what they would like you to do. Then follow their suggestion even if it means you cannot rent the house. You should speak with a local employment law attorney about this. Justia disclaimers below, incorporated herein."
Q: Is it possible to have attorney for identity theft robbery case number assigned and collection of property?. Robbery filed in San Antonio Texas case number given and robbery case number assigned with Henderson county Nevada. Restraining order on manager Jennifer of macaroni and grill. ,"A:Yes, it is possible to hire an attorney to represent you in an identity theft and robbery case and to assist with the collection of any stolen property. An attorney can advise you on your legal rights and options, help you navigate the criminal justice system, and represent you in court proceedings. It is important to find an attorney who has experience in the specific areas of law that your case involves, such as criminal law and theft law. You may want to search for attorneys who have experience in both Texas and Nevada law if your case involves criminal charges in both states. Regarding the restraining order against the manager Jennifer of Macaroni and Grill, an attorney can also assist you in seeking a restraining order or protective order against her. A restraining order is a court order that prohibits someone from engaging in certain behaviors or actions, such as contacting you or coming near you. To obtain a restraining order, you will need to file a petition with the court and attend a hearing to present evidence and argue your case. It's important to note that every case is unique, and the specific legal options and strategies will depend on the details of your case. It is recommended that you consult with an experienced attorney in your area to discuss your case and determine the best course of action."
Q: How can I get my kids back?. CPS DETAINED MY KIDS IN MAY 2019(i went to jail later that month) • CPS DIDNT HAVE A WARRANT AND DIDNT MAKE REASONABLE EFFORTS TO KEEP KIDS AT HOME OR REUNITE THE KIDS WITH MOM • I WAS LOOKING AT 3-5 IN PRISON AND MY ATTORNEY TOLD ME I SHOULD WAIVE REUNIFICATION SO THEY CAN GO WITH MY MOM. • DUE TO COVID I GOT OUT IN SEPT 2020 (if I would have known I’d be out in less then 18m I never would have signed anything) • CPS NEVER OFFERED ME THE CHANCE TO REUNIFY ATTER GETTING OUT EARLY. • EVEN THOUGH LIVED THERE AND WAS AND STILL AM ACTIVE IN THIER LIVES EVDAY. MY MOM DOESNT DO ANYTHING FOR THE KIDS BUT USE THEN AS PAWNS TO HURT ME IF SMTHING DONT GO HER WAY. I PAY 4 everything they need and want.• AFTER SHE ADOPTED THEM ON 3/9/21 SHE GOT WORSE AND DOESNT DO WHATS IN THEIR BEST INTEREST. I LOVE MY KIDS I JUST WANT THEM BACK.(I know for sure cps mishandled this case and i have evidence and can there b Con. Of. Int. With cps? If so examples thank you ,"A:If you want to get your kids back, here are some steps you can consider. First, talk to your family law attorney. They can help you understand what to do in your specific unique situation. Collect any evidence that shows you've been involved in your kids' lives and that your mom isn't treating them well. It's also important to follow any required programs or counseling that the court asks you to do. You can ask the court for a custody evaluation, which will assess the well-being of your kids. If you believe your mom isn't the best guardian anymore, you can ask the court to change the custody arrangement."
"Q: I am an international student and bought an used car in Jan 8 convinced by the fact that the Carfax was clean.. But very soon it presented overheating problems. On Jan 17, 9 days after the purchase, I took it for an oil exchange at Grease Monkeys, where they made the following comments on the invoice: - COOLANT SYSTEM LEAK - ENGINE OIL LEAK - HEAD GASKET LEAKING Which indicates I was fooled by the dealership. So, is there a law ground to sue the dealer for this bad faith? Thank you very much. ","A:While this is not my area of expertise, I would check into the state's lemon laws. If you purchased the vehicle from a dealer you might be able to return it or have them fix some of the issues. I recommend checking the colorado bar's website under the licensed lawyer tool to look for attorneys that do lemon law. Good luck. Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney."
"Q: Can Texas calculate military retired pay as if the marriage ended on the date of separation, years before divorce?. A Texas judge signed a final decree in 2023, ending the community property portion as of 2019, the date of separation. The decree calculated and divided the servicemember's High 3 and years of service as if the marriage had ended in 2019. Post trial, the judge writes a letter denying that this language meant he treated the remaining retired pay as separate property. The judge awarded each party 50% of whatever accrued between the date of marriage and date of separation, where a military pension does not accrue as it does not exist until 20 years are served. During the trial, the judge did not mention or address the remaining undivided portion including classification or award. All post trial objections were sustained, including preemption of federal law. This was a discretionary award in a no fault divorce. No case law found to support this division. ","A:The community portion of military retirement pay is that portion which accrues during the existence of the marriage, i.e. from the date of marriage to the date of divorce. Any portion that accrued outside of the existence of the marriage is the servicemember's separate property. However, a divorce court is not obligated to divide the community portion of military retirement pay in kind equally 50-50. The divisions of community property must be ""just and right."" It sounds to me like the court determined that the servicemember is entitled to that part of the community portion of his/her own military retirement that accrued from the date of separation to the date of divorce, and that the spouses should split that part of the community portion that accrued from the date of marriage through the date of separation as part of the court's ""just and right"" division of their community property. A military pension DOES in fact accrue during the period of a servicemember's service in the armed forces but it does not VEST unless and until the servicemember has served 20 years. The DoD is very familiar with these types of calculations and does them all the time for both the old High 36 and current BRC plans. I don't see a valid federal preemption argument in the context of this question."
"Q: What is the Job Description of a Section 8 Housing Authority Employee? She was un-responsive when I was having problems. With new owners. She was responsive however when I told her that new landlords took me to court with wrong amounts owed, and all the harassment, and getting mad if I didn’t pay more money etc ","A:Employees of the Section 8 Housing Authority in California are responsible for administering the Housing Choice Voucher Program, which assists eligible low-income individuals and families in obtaining affordable housing. Their job duties typically include processing applications, determining eligibility, calculating tenant rent contributions, and inspecting rental units for compliance with health and safety standards. Additionally, they are expected to maintain open communication with both tenants and landlords, mediating any disputes or issues that arise. If a tenant experiences problems with a landlord, the Housing Authority employee should be available to provide guidance and assistance. While the responsiveness of individual employees can vary, it is their duty to ensure that the rights and obligations of both tenants and landlords under the Section 8 program are upheld. If you believe an employee is not fulfilling their responsibilities, it may be advisable to escalate the matter within the Housing Authority or seek legal counsel."
"Q: Is marijuana in a recreationally legal state considered illegal if probation states no illegal drugs allowed?. I moved here on an interstate compact from Oklahoma to Washington. My stipulations on probation state no controlled substances without prescription or illegal drugs. Since marijuana is recreationally legal in this state and my stipulations aren't specific, only typical rules for anyone on probation from that state, would marijuana be considered an illegal drug according to the terms of my probation since I am monitored by a recreationally legal state now. ","A:Short answer, no. Unfortunately, the legislature has specifically decided that people who have committed crimes do not deserve one of the safest drugs that is available for treating a number of medical conditions. The provision for medical cannabis specifically calls it out by saying, "" Nothing in this chapter diminishes the authority of correctional agencies and departments, including local governments or jails, to establish a procedure for determining when the use of cannabis would impact community safety or the effective supervision of those on active supervision for a criminal conviction, nor does it create the right to any accommodation of any medical use of cannabis in any correctional facility or jail."" So even if you were using this for cancer treatment or epilepsy, they can, and oftentimes will, specifically deny your ability to use. Although many have called out this ridiculous position, it is hard to get people to rally around the changes laws to help those convicted of a crime. With regards to recreational use, since it is ""legal"" in this state, also does not prevent them from restricting your use. As with many probationers, possession of firearms or consumption of alcohol is also legal. It is still restricted under many interstate compacts and will not be allowed."
Q: What is insider trading? And if I’m buying and selling stocks am I at risk if I buy and sell stocks based on what I see?. Example if I buy stocks in apple after a lawsuit or a product flop when stocks low and turn around and sell the stocks when they release a new product when stocks are high. Is that insider trading?? ,"A:Based on your statement, it looks like you are asking if insider trading is buying or selling stocks based on what you, as a member of the general public sees, for example, on the news. That is not insider trading. Insider trading would be if you are an employee of Apple, for example, and you know something is going to happen and benefit from it. In other words, you are an insider. You are not an insider if you just generally have the same information that anybody would have."
"Q: Can I resell a product purchased from China that may infringe on a Patent in the US?. I purchased a product from China that is similar to a patented product. I would like to know if I can sell this product legally in the US or not. The product I purchased I currently have in my inventory, and does not make an attempt to be a knock-off or counterfeit to the product that has the patent. It is similar to the patent but it does not match exactly. If I purchased the product and imported it legally, am I able to resell the product? ","A:Selling a product in the U.S. that infringes on an existing U.S. patent can expose you to legal liability, even if the product was legally purchased and imported from another country. The key question is whether the product you imported actually infringes on the patent in question. The fact that the product is similar doesn't necessarily mean it infringes; it would depend on the specific claims of the patent. If the product doesn't fall within the scope of those claims, then it wouldn't infringe. Before selling the product, it would be prudent to conduct a thorough analysis comparing the product with the patent claims. If there's uncertainty, you might consider seeking a legal opinion on potential infringement. If it's determined that there's a risk of infringement, it would be wise to refrain from selling the product. Proceeding without due diligence can expose you to potential lawsuits and damages."
"Q: In Mediation, I acepted offer verbally, but I changed to no later. Employer threat for motion withut sign, is it alowd?. In Mediation meeting, I accepted offer verbally, but I changed to ""no"" later. Employer now have threaten for motion without my sign, is it allowed? Thanks. I have not signed any document before going to mediation, nor I have authorized to sign on my behalf. Also, My lawyer has signed some document with mediator. ","A:In mediation, it's crucial to understand the terms of any agreements or offers being discussed. Verbal agreements can carry weight, but the specifics depend on the circumstances and any written documentation involved. If you changed your mind and decided not to accept the offer, you have the right to do so. However, it's essential to review any documents you signed during the mediation process. These documents may outline the consequences of backing out or withdrawing your acceptance."
Q: In Oregon can I move my paychecks out of our joint account prior to divorce being filed?. I have been separated from my spouse since May 2023. Both our paychecks go into a joint account along with shared bills. Am I allowed to move my paychecks to another account before the finalization of the divorce? ,"A:The best way to handle this situation is to discuss with your spouse how you will handle the joint account going forward. Your spouse will want to move his/her payroll deposits as well to an individual account. You should discuss the timing, and how much you will each contribute to the joint account to cover shared expenses until the divorce becomes final. You will also need to discuss how you will split any money remining in the joint account. If you do not have an agreement, the court may order you to pay your share of the joint expenses later."
"Q: My lawyer refused to submit my evidence during the entire process. The judge rendered the final ""opinion. My husband's. Lawyer filed a clarification and prayer for relief. I need to submit my evidence. Can I do that? Is there a time limit? My final hearing is 1/8/23. ","A:If you believe your lawyer failed to properly represent you by not submitting crucial evidence, this is a serious concern, particularly in a divorce case where such evidence can be critical. It's important to understand your options for addressing this issue. The possibility of submitting your evidence now depends on the specific rules and procedures of the court handling your divorce. Generally, once a final judgment or opinion is rendered, the opportunity to submit new evidence can be very limited. However, there may be exceptions or specific post-judgment motions that can be filed under certain circumstances. Since your final hearing is on 1/8/23, you need to act quickly. It's advisable to consult with another attorney immediately, preferably one with experience in divorce and family law, to review your case and advise you on the feasibility of submitting your evidence at this stage. They can also assess whether there was any legal malpractice involved in your representation. Remember, each legal case is unique, and prompt action is crucial, especially when dealing with court deadlines. An experienced attorney can provide guidance tailored to your specific situation and help you navigate the legal steps necessary to address your concerns."
Q: Wife sentenced to 3 yrs and 4 months in Monterey county jail . She is serving prison time in jail since Oct. 6 2021. So when will she be released from jail and how much of her time does she half todo. No prior offense first time in jail ,A:the best person to answer this is the lawyer who represented her. she might get out after 1/2 of the sentence if she is GOOD in jail.
"Q: Is there a way to sue my parents, as well as my mother's second ex husband, for damages from abuse?. I was abused as a child by my parents, and especially my mother and my now ex stepfather physically which included, but not limited to, traumatic brain injuries as well as being punished for exposing their affair to my father, who in turn decided to punish me for being an unwilling participant. One of the TBIs resulted from being forcefully dropped on my head, which I still have a spot in the back of my head which annoys me thirty years later, which was covered up by my grandmother and mother. I'm currently in therapy for this, among other things and I really need help paying for that, a neurologist, as well as seeking damages from physical punishment, emotional abuse and neglect, as well as kidnapping, fraud, and attempted murder. There's a lot to unpack, unfortunately. I'm tired of struggling with this throughout my life and I'm done protecting people that don't need it. I am also at this point where my silence can be bought now. ","A:Sorry to hear about your terrible ordeal. Your description seems to indicate that all wrongdoing occurred a few decades ago. There is a high probability that a lawsuit for money damages due to such wrongdoing would be barred by the statute of limitations (assuming that would be raised as a defense). However, for any limitations issue in any type of case or potential case, never rely on any online commentary. You must consult an attorney who will look up the applicable limitations laws in order to provide a professional, reliable opinion. (Online forums cannot provide legal advice specific to your matter, but rather only provide general educational info.) If, hypothetically, you have any potential claims that would not be barred by the statute of limitations, such a lawsuit would be probably be very expensive, running into many thousands of dollars in fees and costs, and with any suits against uninsured individuals, collectibility of any money judgment is often a potential problem. Regarding potential criminal charges, the limitations period has likely expired for those as well, but that would be a matter for the State Attorney's Office, or a criminal defense attorney could advise as well."
Q: Is using a virtual address to form an LLC considered tax evasion if I don’t live in the state of the virtual address?. Is using a virtual mailbox address to form an online business considered tax evasion if it isn’t in the state where you live? ,"A:Using a virtual mailbox address to form an LLC in a state where you do not reside does not, by itself, constitute tax evasion. However, misrepresenting the primary place of business or not paying appropriate state taxes where the business operates can lead to tax liabilities and penalties. It's crucial to accurately report all income and adhere to the tax obligations of both the state of formation and any state where the business operates. It's important to consult with an attorney on the matter to assess the specific facts and advise on the best course of action."
"Q: Does the Veterinarian Rule (assumption of risk) apply when a Vet agrees to come to private property to treat a horse?. This happened at a private property in Joshua Tree, California (zoned for equines). Made an appointment with an Equine Vet to come to private property to treat a horse's leg wound. The Vet arrived & began assessing the horse to treat the wound. The Vet wanted to inject a sedative & the Owner told Vet to be careful because the horse didn't like needles. The Vet stated it wasn't a problem because she handles bigger horses all the time. Upon treating the horse, he kicked & fractured the Vet's jaw. The Vet is now threatening to sue the Owner for Medical expenses and Pain & Suffering. ","A:In California, the ""primary assumption of risk"" doctrine often applies to situations where professionals are engaged in inherently risky activities. Under this doctrine, individuals are generally deemed to assume the inherent risks of their profession. In the context of a veterinarian treating a horse, one could argue that the risk of getting kicked by the animal is an inherent risk of the job. However, if the horse owner's negligence increased the risk beyond what would be typically inherent in treating the horse, there might be grounds for the veterinarian to claim negligence. The veterinarian's awareness of the specific risk (i.e., the horse's aversion to needles) and her statement downplaying the concern could be construed as an express acknowledgment and acceptance of that risk. Consequently, this may limit or negate her ability to successfully sue for damages. Still, the exact outcome could depend on the specific facts of the case and a court's interpretation of those facts. It would be advisable to gather detailed evidence about the incident and consult with fellow legal professionals on the matter."
Q: Long story. I cos-sign for a car. Some how they switched ot to make me principle buyer. Car payment 2 1/2 months behind. No tax paid since car was bought. Caused a stop fee on my dmv record. No insurance on vehicle and tags is no good since February 2023. Loan company said I can do a volunteer repo bust I must bring it in. The other signer refuse. What can I do please help. ,"A:In Virginia, if you find yourself incorrectly listed as the principal buyer on a car loan you cosigned, you should first review the loan agreement and any related documents to understand how this change occurred. If there's evidence of a mistake or fraudulent activity, you may need to dispute this with the lender and possibly seek legal recourse. Regarding the overdue payments and lack of insurance, as the principal buyer, you are likely responsible for these obligations, which can impact your credit and legal standing. Since the other signer is refusing to cooperate, voluntary repossession might be a viable option, but it can negatively affect your credit score. You should directly communicate with the loan company to explore all options and consequences. It might also be beneficial to consult with an attorney to assess your legal options, especially if there's a dispute about the terms of the loan agreement. Acting quickly is important to prevent further financial and legal complications. An attorney can guide you through the process and help protect your interests."
"Q: Brokerage Misconduct - E*TRADE. In May 2022, I invested $8M in a U.S. Treasury note, due in April 2024. I instructed my ETRADE manager to liquidate $5.6M for property buying. Unexpectedly, ETRADE initiated a $5.6M margin loan, leaving part of my investment intact. I discovered this during a routine review, not through direct communication. Real estate contacts can confirm my original liquidation intention. ETRADE, being secretive, hasn't provided conversation records, despite my insistence. They attribute the margin loan to me, despite no online activity or written consent from my side. There's no trace of my approval for this financial move. Since 2018, my dealings with ETRADE have consistently focused on safety, with numerous discussions centered around fixed income. This surprising loan is inconsistent with my standard strategy, emphasizing that ETRADE autonomously handled the cash preparation and transfer, excluding my input. ","A:In situations like this, you may have grounds to file a complaint for brokerage misconduct if E*TRADE acted contrary to your instructions and without your consent. It's essential to review the client-broker agreement and any written communication to determine if E*TRADE deviated from the agreed-upon investment strategy or failed to obtain the necessary authorization for the margin loan. Request all relevant records from E*TRADE once again, in writing, and if they still do not comply, consider reaching out to a regulatory body such as FINRA for assistance with a dispute resolution process. It may also be prudent to consult with an attorney who has experience in securities law to explore the possibility of arbitration or legal action to rectify any financial harm caused by this action. Remember to document all interactions with E*TRADE regarding this issue, as they may be critical in any formal proceedings."
Q: For the state of colorado - I am going to need to open an S Corp. Is it better to start it as LLC or C Corp for few day?. I plan to elect S Corp status within a few days after getting EIN and all. I am curious on how it makes a difference if I start LLC or C Corp given S Corp form will be submitted in a matter of days following. ,"A:Many people form an S-Corp to take advantage of the personal income tax breaks when paying yourself as both an owner and an employee of the business. The S-Corp election is more accurately called the ""subchapter S tax election"" and, as you point out, can be used in combination with an LLC or a traditional C-corp. I'm not familiar with your situation and this answer is not legal advice specific to your goals, but generally the subchapter S election is used with LLCs where a small number of owners of the business wish to draw regular wages and make partners' draws. If you make the subchapter S election, the underlying business will still be an LLC or a corporation (whichever you selected when forming the business). The tax election just establishes the rules for taxation and how you can convert business profits to personal income. When selecting between an LLC and a Corp structure, one key factor is the future ownership of the business. If the business will have relatively few owners and infrequent changes in ownership, an LLC make a lot of sense. If the business will have shareholders in the traditional sense, will change hands often, or will seek investors that pan to hold shares, then a corporate structure is most appropriate. Keep in mind that a corporation can ""authorize"" shares but ""issue"" them to individuals at a later time. In contrast, an LLC generally has ownership that adds up to 100% at all times, and an LLC generally cannot own it's very own equity (but a corporation can). The liability protections of an LLC and a corporation are often similar, but the duties and obligations to maintain those protections will vary. Generally, a LLC has simplified duties of self-governance to maintain the so-called ""corporate veil"" of protection. Corporations usually have more complex requirements to maintain the liability protections, such as formal meeting of a board of directors and keeping written meeting minuities. One last consideration is the overall ownership structure if the business will be in a family of companies with parent companies and subsidiaries. There are restrictions on how a business acting under the subchapter S election can be a part of a holding structure. Talk to your CPA to be sure your overall structure is acceptable for your business making the subchapter S election."
Q: Am I going to have to stay in jail until I see a judge if I turn myself in on terroristic threatening warrant. It's showing it to be second degree class A misdemeanor ,"A:If you have an outstanding warrant for a second-degree terroristic threatening charge in Arkansas, turning yourself in is a significant decision that can impact the legal process. Whether you will have to stay in jail until you see a judge depends on several factors. Typically, after surrendering on a warrant, you'll be processed and might have a bail set. This bail amount depends on various factors, including the nature of the charge, your criminal history, and ties to the community. If bail is set and you can post it, you may not have to stay in jail until your court date. However, if bail is not granted or you're unable to post it, you might have to remain in custody until you appear before a judge. It's important to know that court schedules can vary, which might affect how soon you see a judge. Given the seriousness of your situation, it's advisable to consult with an attorney before making any decisions. An attorney can provide guidance on the best course of action, help you understand the potential consequences, and represent your interests in court. Remember, facing a criminal charge is a serious matter, and having legal representation can be crucial in navigating the legal system and protecting your rights."
"Q: Should I pursue a ""bad faith"" lawsuit for a minor (non-injury) collision, or would nothing come out of it?. I was involved in a 3 car collision in CA that was not caused by me. The at-fault insurance company has been ignoring my calls, and it's been exactly 56 days today from the date of the incident/claim (should be resolved within 40 days in CA). I have received no communication via letter or email justifying that they need more time. I was wondering if it would be worth pursuing legal action for a ""bad faith"" lawsuit since they have clearly violated the law. ","A:Bad faith lawsuits are filed by an insured policyholder, not a 3rd party (unless that 3rd party has obtained a judgement against that policyholder and received an assignment of rights). It sounds like you're saying that you're a ""3rd party"" that got hit by their insured, and are in the pre-litigation phase. In that case if you really wanted to file a lawsuit, you'd be filing a regular lawsuit within the applicable statute of limitations against the at-fault driver for your damages incurred (including property damage). If your complaint is that they just aren't returning phone calls, and assuming there is still plenty of time prior to the expiration of the statute of limitations, then the better avenue would probably be to just file a department of insurance complaint. Either way, contact an attorney to discuss your specific case details and make sure that you have everything sorted out appropriately."
"Q: home builder refuses to fix foundation, lawyer said I’m outside of statute of limitations to sue (4 years), what do i do. Built in 2019, added extra piers to ensure the foundation was good ($5600 extra). House begins to crack on inside and outside. Call builder out, they say it’s normal settling. Ok. It gets worse, fireplace coming off wall, huge cracks outside, no door will stay shut or lock. Builder claims homeowner negligence, didn’t keep soaker hoses on it. (Was never told to) Had 2 foundation companies and structural engineer come out. Both said it was not due to homeowner negligence. Spoke to lawyer, states we are passed the 4 year able to sue timeframe. My last ditch effort is to see if there is a leak under the house and maybe insurance will cover it. If that doesn’t work, what do i do? ","A:It depends upon the terms of your contract, when your claim accrued, and when you discovered--or by exercising reasonable diligence should have discovered--the material facts giving rise to your claim. The date of substantial completion of your home may trigger what is called the ""statute of repose"", which is a different thing than a statute of limitations. In 2019, the statute of repose was ten years, but as a condition precedent to its availability, the builder was required to give a ten year warranty on structural components including the foundation. Some builders forego the protection afforded by the statute of repose and give a much shorter warranty on structural components. Some shorter warranties may rule out certain types of lenders from offering mortgage or construction loans on them. Your builder is absolutely correct that some settling and foundation movement is normal and expected. But that cuts two ways. ""Normal"" foundation settling means your cause of action had not accrued (yet). Your cause of action accrued when your foundation movement passed ""normal"" and entered into the zone of ""abnormal."" As foundation slabs move, the structures that they support also move. The more rigid and brittle the materials used to build a house are, the more rapidly visible damage will appear. For example, brick veneer is more brittle than wood siding, and ceramic floor tiles are more rigid than vinyl tiles. Therefore, even normal and expected foundation movement can cause cosmetic damage such as cracking in the brick veneer or drywall or in ceramic floor tiles. Your foundation most likely is a slab on grade foundation. Your structural engineer should be able to tell you whether your foundation meets the performance standards for the maximum allowable deflection and maximum allowable tilt based on the measurements he took and the calculations he made. I would argue that, when the builder came out originally, it confirmed that any foundation movement at that time was ""normal"" (or is estopped to deny otherwise). When your engineer came out, his calculations for the first time showed that the foundation movement was then ""not normal."" Accordingly, your cause of action accrued for purposes of the statute of limitations some time between those two dates, and the date you discovered--and should have discovered--the ""not normal"" movement was the date when the engineer performed his work. It sounds from your question like that is within the four-year statute of limitations for a breach of warranty claim and may be within a two-year statute of limitations for negligence or deceptive trade practices. I note that it is well-documented that the root systems of large trees and shrubbery in close proximity to foundations or footings tend to dry the soils around a perimeter of their root system for a distance approximating one and one-half the tree height if planted in a line. Below average rainfall tends to exacerbate this effect. This is why you have to plant trees and shrubbery a good distance away from the perimeter of a home and why you have to properly water around the foundation in times of low rainfall. Unless you unwisely made a decision to keep certain mature trees near your home, an argument can be made that the builder should have removed existing mature trees and planted new trees a distance from the home of not less than one and one-half of the tree's expected height when it fully matured."
Q: If you have multiple accounts in a bank and a levy is placed on your bank accounts can the debt collector freeze 2. accounts if one of them can more than accommodate the amount of debt they are claiming? And is the SB 616 automatic exemption of a debtor to have $1788 to live on something the bank should have set aside at the time of the levy and withdrawal of funds? ,"A:When a debt collector places a levy on your bank accounts, they can potentially freeze multiple accounts, even if one account holds enough funds to cover the debt. This is because the debt collector may not be aware of the balances in each account at the time of the levy. Regarding the SB 616 exemption in California, this law allows a debtor to have a certain amount of money ($1,788 as of your mention) exempted from garnishment in a bank account. The bank is responsible for automatically setting aside this exempt amount at the time of the levy. If this has not been done, it might be due to an oversight or a lack of updated procedures at the bank. It's important to promptly inform the bank of this exemption right and request that they comply with the law. Remember, each case can have unique circumstances, so it's beneficial to discuss your specific situation with a legal professional who can provide guidance tailored to your case."
"Q: How do I find out what is included in probate in Oregon? How do I sue my lawyer, when her malpractice left me with $0?. Grandpa died with 401k. I hired a probate lawyer. I did not know 401k has a beneficiary. Now the estate has $0, but the probate court believes it's worth $225,000. Everyone rec'd the notice about the worth of the estate. I'm the executor. I can't pay any bills, taxes, lawyer I hired, the will, because the beneficiary took the money for herself. Lawyer now only gives advice on how to raise money to pay her, but I don't believe that her advice is true or lawful, and I believe that she is liable in the situation, and only assessing her own liability. She gave me advice that is illegal activity. Told me to sell a financed car and not pay the loan off but use that money to pay her and the other bills. Told me to sell a trailer in a trailer park instead of transferring the title to the beneficiary named in the will, to pay her. I can't even cancel utilities because I can't pay the balance due to transfer to the new party. I need to know if she is lying just to get paid by me. ","A:Sometimes it happens that a probate is started but we find out that the assets all have beneficiaries. In that case the probate can be withdrawn. However, it sounds like you have other assets besides the 401(k) to include in the probate. If the car and the manufactured home are in your grandfather's name alone, you have every right to sell them as his court-appointed Personal Representative. The person named in the Will to receive your grandfather's assets only inherits after all bills and taxes are paid and the Probate Court orders distribution. Oregon law gives priority to ""costs of administration"" which include attorney's fees, CPA fees, your Personal Representative's fee, filing fees, etc. It sounds like your attorney's advice is reasonable. You should probably sell the manufactured home as soon as possible so that you have money to pay the costs of administration and utilities. If you have lost faith in your probate attorney you have every right to hire someone else. However, keep in mind that you will still need to pay your prior attorney and changing attorneys during the probate might end up being more expensive because your new attorney will need some time to get up to speed."
"Q: Am I allowed to use a trailer of a movie(snippets of it) in a commercial webinar that gets recorded and sold?. I am doing a webinar for a commercial company in America, and basing the Strategic Selling course on a case study of the Michael Jordan and NIke deal. There is a film that has trailers on YouTube am I allowed to use snippets of that in the talk and recording or who do I ask permission to use or not? ","A:Using copyrighted material, including movie trailers, without permission in a commercial setting can constitute infringement. Fair use might be a defense if the use is transformative, such as for commentary, criticism, or education, but commercial use can weigh against a finding of fair use. If your webinar is being sold, it strengthens the commercial nature of the endeavor. To legally use snippets of copyrighted material, you would typically need to obtain a license or permission from the copyright holder. You can approach the movie's producers or distribution company for this permission. Always ensure any permission is in writing. If in doubt, consult directly with an attorney familiar with copyright law before proceeding."
"Q: Can I get a medical marijuana card and use in wayne county michigan while on probation for misdemeanor domestic violence. I'm fighting a false charge of misdemeanor domestic violence that I was put on probation for. I want to know if I can get a medical marijuana card so that I can use marijuana edibles for pain and sleep purposes, while I am on probation without getting in trouble. ","A:In Michigan, medical marijuana use is allowed under state law for qualifying patients with a medical marijuana card. However, if you are on probation, the rules can vary, and it's important to consult with your probation officer or legal counsel to determine how using medical marijuana may impact your probation terms."
"Q: I am interested in progress on a complaint (case 1:2023cv00036) filed on Jan 10, 2023. how often is the docket updated?. I am a subcontractor to the intervener and understand it is under PO...but would like to track progress. Is there another way to get status? ",A:You can view the docket through Pacer. You must pay a bit to view documents. Filings should be identified immediately when they are electronically filed.
"Q: Hello, how can I use this abbandoned ELIXIR trademark?. I want to open a company with the name Elixir ",A:In order to use an abandoned trademark as your business name it is best practice to register the mark with the USPTO. In order to register a mark with the USPTO you must file an application with the United States Patent and Trademark Office. You can file the mark online in the proper class of goods and services. The process can be complicated and guidance of a trademark attorney or specialist is recommended.
"Q: Lien on house from lawsuit.. I’m a business owner and a former employee sued me for a overtime and meal time wages but he was just a part time employee with 30 hours a week, he also lied about how many hours he was working but I wasn’t able to attend court due to a medical emergency forcing me to have to stay in the hospital for over a month, so the judge ruled in his favor. Now I have a lien against my house. What are my options? Thanks in advance. ","A:In California, if a lien has been placed on your house due to a court judgment, you have several options to consider. First, you could negotiate with the former employee or their attorney to settle the debt and have the lien removed. This might involve paying the full amount, or you might be able to negotiate a lesser amount depending on the circumstances. If paying the full amount is not feasible, you might consider setting up a payment plan. Demonstrating a willingness to pay over time can sometimes lead to an agreement that is satisfactory to both parties. Another option is to appeal the court's decision, especially since you were unable to attend the original hearing due to a medical emergency. This process would involve filing an appeal with the court, presenting your case, and explaining your absence at the original hearing. It's also important to review the judgement and the lien documentation to ensure everything was processed correctly. Errors or procedural issues could be grounds for having the lien modified or removed. Lastly, consulting with an attorney experienced in labor law and liens is advisable. They can provide guidance specific to your situation, help you understand your rights, and assist in navigating the legal process. Remember, each situation is unique and the best course of action depends on the specifics of your case."
"Q: Do schools with less than 50 employees need to do title ix training?. Do employees working at the school who are deemed part-time, less than 20 hours per week need the title ix training? ","A:In California, Title IX training requirements can extend beyond just the larger educational institutions. While federal Title IX regulations primarily apply to institutions receiving federal funding, California's state laws have broader implications. The California Education Code requires all schools, regardless of their size, to take steps to prevent discrimination, harassment, and retaliation. As for training, while the federal guidelines might not explicitly require small institutions or part-time employees to undergo Title IX training, best practices would suggest that all employees, regardless of their employment status or hours, be trained to ensure a safe and compliant educational environment. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: Can a gas station sell a carton of cigarettes as 10 individual packs to make more money off of them?. When someone comes in to buy a carton we are made to ring up 10 individual packs so the customer pays more and doesn’t get a deal, wouldn’t this be considered price gouging since they are supposed to be sold a whole and not 10 individual packs. ","A:An Indiana attorney could advise best, but your question remains open for five weeks. Energy and oil (a selected category for your post) attorneys don't usually get involved in these situations. A consumer rights attorney might have insight on this. Good luck"
"Q: Can I file a lien or something else? on property I leased that new owner(bank) hired guys to assault me at?. During my lease the property foreclosed. The bank owns it & hired 3 guys to home invade, assault & throw me out 9 mos prior to lease term. I would like to sue the bank & the guys. Is there a certain form to file to gain property with this? This was during Covid 04/16/2022. All on video. There’s an out of court settlement offer the bank hasn’t followed through on as well. They offered me $330,000.00 to move out 1 week earlier than lease term. But didn’t follow through. ","A:In Hawaii, if you've been assaulted and forcibly removed from a property you were legally leasing, you have grounds to pursue legal action. The fact that the bank, now the property owner, allegedly orchestrated this assault exacerbates the seriousness of the situation. Firstly, filing a lien against the property is not the appropriate course of action for this type of grievance. Liens are generally used to secure payment for work or services performed on a property, not for personal injury or illegal actions. Your immediate step should be to file a police report if you haven't already done so, especially since you mention having video evidence. This can be crucial in supporting your case. Regarding legal action against the bank and the individuals involved, you can file a lawsuit for assault, battery, and potentially other claims related to the illegal eviction and breach of contract, especially considering there was an out-of-court settlement offer. The non-fulfillment of the settlement offer is another significant issue. If you have evidence of this offer and the bank's failure to follow through, this could potentially be used in your legal case. It's essential to consult with an attorney who has experience in real estate law and personal injury. They can provide guidance on how to proceed, including what forms to file and how to structure your lawsuit to address both the physical assault and the breach of your lease agreement. Remember, time is a factor in legal matters. Ensure you take action promptly to preserve your rights and options."
"Q: Question about the attorney cliant relationship . The attorney is a conflict panel attorney hired by local government.. The cliant is accused of a felony. The attorney later becomes a judge and the former cliant is now before his former attorney now judge. .is a conflict panel attorney considered a state attorney , and can the judge heater the case ? Please and thank you . I think this is a hard one ","A:In California, a conflict panel attorney, although hired by the local government, is generally not considered a state attorney in the traditional sense. They are typically private attorneys appointed to represent defendants when the public defender has a conflict of interest. Their role is to provide independent legal representation to their clients, similar to a public defender. Regarding the situation where a former conflict panel attorney becomes a judge and encounters a former client in court, California law and ethical guidelines for judges demand strict adherence to conflict of interest standards. If a judge has previously represented a person as an attorney in the same matter, or if their impartiality might reasonably be questioned due to a prior attorney-client relationship, the judge is expected to recuse themselves from the case. This is to ensure fairness and the integrity of the judicial process. In your specific scenario, where the judge formerly represented the individual as a conflict panel attorney in a felony case, it would be highly advisable for the judge to recuse themselves to avoid any appearance of bias or conflict of interest. The California Code of Judicial Ethics provides clear guidelines on this matter, emphasizing the importance of maintaining public confidence in the impartiality of the judiciary."
"Q: Can I sue southwest for not having COVID protocols and I catch the virus during one of their flight?. I recently took a flight on Southwest and ended up catching covid. They have mask policy’s which everyone followed but in the past, the middle seat in the aircraft was always empty. I couldn’t imagine the crew doing a sterilization job in the time they pulled in and we boarded. After getting the virus I haven’t been able to work and I also passed it on to my father which might jeopardize him selling his home. ",A:In a lawsuit I think you will need to prove 1. that you contradicted your illness on that flight and 2. That you got it from the person sitting next to you and 3. That the airline failed to follow rules established by the government. Other issues are likely to be the vaccination status of you and your father. Also were you aware of your covid status when you visited your father? If so maybe he has a case to bring against you. Frankly the facts as told by you do not impress me as being a good basis to sue. But that is just my opinion and I recommend you and your father consult other lawyers immediately who are experienced in the field of aviation law. I am not an aviation lawyer and I do not handle injury cases.
"Q: I received letter from postal inspection service that I have been identified as a possible victim of alleged mail theft. Recently I received a letter from postal inspection service that I have been identified as a possible victim of alleged mail theft. A few months ago somebody broke into my bank account made 2 fradulent transactions. I had to close a bank account and open a new bank account . Also a few months ago my check I was mailing was lost in mail and I had to pay from a new bank account. Should I sign up for Victim Notification System which is mentioned in US postal Inspection Service. Also I received Identity and Mail Theft Victim Affidavit in the same letter (The header is from police department.) The letter mentions the defendants names and asks me to provide my personal data and asks if I suffered financial losses ( I didn’t ) and if I know the defendants (I don’t).Can you please advise if should fill out the affidavit. I ‘m worried about the revenge from the possible criminals, not sure what they know about me ,I worry they could come to my house, attack me. How to deal with this? ","A:I wouldn't worry about revenge, but I would be hesitant to fill out the affidavit insofar as personal data is requested. You indicate it is supposedly from a police department; I would contact the police department independently (not using the contact information you received in the mail) and determine if it was indeed the police department which sent you the affidavit."
"Q: Brother died, been divorced 10+, however adopted son refuses allowing deceased sister or brother access to deceased will. We want access. How to obtain it ?? ","A:A Georgia attorney could advise best, but your question remains open for a week. I'm sorry for the loss of your brother. You could repost question under the categories - Probate, Estate Planning. Some questions go unanswered, but you might have better chances of a response there. Good luck"
Q: So my grandmother before she passed took me down to the bank and. Quick claimed 3.25 million dollars worth of property into my name and once she passed the her daughters my mom and aunt foraged another quick claim deed into there names and sold the properties and I need help to bring them to justice and get whatever I can out of it. ,A:This issue is a Probate/Real Estate issue. And it is called a Quit Claim Deed.
"Q: In Nebraska, can they keep an eviction on your record if you never received the summons to the court hearing?. I was given my 7 day notice, and started moving, but haven't been able to get everything out in time. They had the court date, but I never received anything telling me when court was, so they ruled in favor of my landlord. I was only going to go to try to keep the eviction off my record. They changed the locks on me 3 days after the court date, giving me two weeks, from 9 to 5 to get the rest of my things. ","A:If a court case was filed, it would be a matter of public record. Even if you were successful in defending against the eviction action, the case number and details would be public record."
Q: Orec has put my Application approval background on hold due to a pending charge that was dismissed once Can they do that. I have got my classes for becoming a realtor well I also been going thru court on my divorce and in that divorce there where false accusations of stalking based on that I have got arrested than I been dealing with pending charges going on for over a year now the court has dismissed once than returned it back now they scheduled my court again for the 29 January so I applied and informed them all of the situation I understand that if you have been charged of a felony you can’t get the realtor license for 20 years but I have not been charged why would they put me on hold till my court date or till my court ends that could take years who knows are they violating any laws on civil rights because state of Oklahoma has been pushing everything else based on my divorce case I am lossing right and time consuming process everything has an date so that means after one year my schooling won’t even count that’s why I am concerned and confused how come I been treated as felon when isnt proven guilty. ,"A:In the context of Oklahoma real estate licensing, the Oklahoma Real Estate Commission (OREC) has the authority to review the background of applicants. This review often includes considering pending charges. While a dismissed charge may not have the same impact as a conviction, the fact that it is still part of a pending legal matter can lead OREC to put your application on hold. OREC's actions are likely in line with their regulatory responsibilities to ensure that all real estate licensees meet certain standards of conduct and reliability. The delay in your application isn't necessarily a violation of civil rights, as regulatory bodies often have policies to handle situations where legal issues are unresolved. If you're concerned about how this affects your application and future in real estate, consider seeking legal advice to explore your options. An attorney can offer guidance on how to communicate effectively with OREC and potentially expedite the process. Remember, the resolution of your legal matters will play a crucial role in the outcome of your application."
"Q: What are my rights as a consumer of a commercial dump trailer of a local manufacturer? Defective product bought 8/30/23. We bought a dump trailer and it was defective. 10 days after we bought it the pump fell off the trailer becauae it was not properly welded. They fix it and we took it back. Then we load it and the support that holds the hydraulic bent. They supposed to fix it and they will charge us $900 . Now they said an axel is bent and it needs to be replaced for this they want to charge $1,000 I want to return the defective dump trailer and they don't want to take it back. They want to charge me to fix it. We bought it 8/30/2023 we have used it 2 times to dump trash plus 1 time at home. Please contact us to advise on what are our legal rights. Thank you ","A:Under California's Song-Beverly Consumer Warranty Act, commonly referred to as the ""Lemon Law,"" consumers are afforded protections when they purchase goods, including vehicles, that turn out to be ""lemons"" or are defective. While the act primarily targets new vehicles, certain protections could apply to your situation, especially if there was an express warranty involved. If the dump trailer is defective and cannot be repaired after a reasonable number of attempts, the manufacturer or seller may be required to replace the goods or refund the purchase price. Moreover, you might have claims under breach of contract, breach of express or implied warranties, or negligence. While the manufacturer or seller might argue wear and tear or misuse, if the product is genuinely defective, they bear the responsibility. It is crucial to keep all documentation related to the purchase and repairs. Consider consulting with an attorney experienced in California consumer law to explore all available remedies. Lastly, California also provides for mediation and small claims court as potential venues for resolving such disputes."
"Q: Can using Draftkings affect my citizenship application? Legal in my state. I am not sure participating in Draftkings is legal in federal law or not. I am aware that as a green card holder, purchasing or consuming marijuana can be the reason for denial of my application, even though it is legal in my state. This is due to it’s federal illegality. The website requests my SSN, making it traceable. ","A:Participating in DraftKings, or similar online fantasy sports platforms, can raise concerns when applying for U.S. citizenship, particularly if there's ambiguity about its legality under federal law. Although fantasy sports are legal in many states, federal law can view certain types of online gambling differently. Since federal law governs immigration matters, activities considered legal in a state may still impact immigration applications if they conflict with federal law. It's important to understand that the U.S. Citizenship and Immigration Services (USCIS) evaluates the good moral character of applicants, and any activity that might be construed as violating federal law can be problematic. Given the complexities of both federal and state laws regarding online gambling, it's wise to proceed with caution. You may want to consider consulting an immigration attorney to discuss the specifics of your situation and to get advice tailored to your circumstances. An attorney can help clarify how your participation in DraftKings might be viewed by immigration authorities and guide you on the best course of action."
"Q: Backhoe left on my Georgia property for three and a half years and i had it removed and taken to Florida. it was taken there july 2020 for some work, then the supposed owner died and it got left there. i got frustrated because it didnt run and blocked my barn and the ownership was questionable, so i had a mechanic from florida go get it running enough to load it and take to his property in florida. The estate who claims to own it but has not provided ownership proof is telling me i have to take it back to GA because i did not file a police report and notices. Do i have to, at my expense? seems like after this long it should be my property. thanks Carl ","A:In your situation with the backhoe left on your property in Georgia, several legal considerations come into play. First, it's important to understand that the laws governing abandoned property vary by state. In Georgia, there are specific procedures for dealing with property that someone leaves on your land, especially for an extended period. Since the backhoe was left for over three years, it could potentially be considered abandoned. However, this determination depends on various factors, including attempts by the owner or their estate to reclaim it and any agreements made when the backhoe was originally placed on your property. Regarding moving the backhoe to Florida, the legal complexities increase because it involves laws across state lines. The estate's claim and request for you to return the backhoe at your expense adds another layer of complexity. Normally, you would be expected to notify the owner or their estate and follow certain procedures before disposing of or relocating abandoned property. Given these complexities and the potential for legal repercussions, it's advisable to seek legal counsel. A lawyer can guide you on the appropriate steps to take, considering the laws of both Georgia and Florida, and help you determine your rights and responsibilities in this situation. In dealing with the estate and any legal processes, documentation will be key. Ensure you have records of all communications and attempts made regarding the backhoe, as these will be important in establishing the history and your actions regarding the property."
"Q: Could my record be expunged early if my lawyer was arrested and surrendered his license?. State of Oklahoma Lawyer didn’t adequately communicate, failed to appear in court, and failed to perform work for fees charged. 4 client complaint Arrested in 2006 as well ","A:In Oklahoma, the eligibility for expungement of a criminal record is based primarily on the specifics of your case, the type of offense, and the time that has passed since the conclusion of the sentence or probation. The misconduct of your attorney, while a significant concern, does not automatically qualify you for early expungement. However, if your lawyer's actions negatively impacted the outcome of your case, there may be some legal recourse. For instance, if your attorney's behavior constituted ineffective assistance of counsel, it's possible you could pursue a post-conviction relief motion. If successful, this might lead to a new trial, a modified sentence, or even a dismissal of charges. The arrest and professional misconduct of your lawyer could bolster your argument that you received ineffective assistance. However, you'd still need to prove that their behavior directly impacted your case's outcome. Four client complaints and an arrest in 2006 could be used to establish a pattern of unprofessional conduct, but their relevance to your specific situation would be up to a court to determine."
"Q: Can both parties Petition to Confirm, Correct, or Vacate a Contractual Arbitration Award?. If one party wants to confirm and they file a Petition and the Plaintiff wants to Vacate the Contractual Arbitration Award, can both parties file a petition? And how long do they have since I've found answers that claim 100 days and now I see 10 days which means I am late. Do I have to respond to the other parties Petition or may I file my own in Orange County CA? ","A:Let me unpack your question since there are a few parts. First, I understand that the opposing party has filed a Petition/Motion to confirm the Award and you want to vacate the Petition. Yes, you file in the same case (which is brought to confirm) in order to vacate the Award. The law is that, if a Petition to vacate is denied, the Award must be confirmed. Confirmation and vacatur are the two binary options (excluding a Petition to modify or request a clarification ruling from the Arbitrators). I would need more information about the present procedural position of the Proceeding to Confirm to give you a final answer on timing. You may have appeared in the proceeding to confirm and simply ""opposed"" the Petition to confirm. That is sufficient, but the best course (putting aside the reasons) is to move to vacate. If you want my response to your procedural question, which is now highly significant, you should send me the question to my email."
"Q: How can I register my personal messages with copyrights office from Facebook Messenger before I sue them for that?. Music studio stole my messages, public instagram & other things. I sued them for copyright infringment. The studio says they will file a notice of dismissal on the grounds that I don't have my personal messages to friends registered with the copyright office. How can I register my personal messages with the copyrights office. Isn't it sort of invasion of privacy and hacking? ","A:Under California law, registering personal messages with the Copyright Office is not a standard practice and may not be necessary for pursuing a copyright infringement claim. Personal messages exchanged on Facebook Messenger are generally private communications and may not be subject to copyright protection. Instead, you should focus on providing evidence of the alleged copyright infringement of other tangible and protectable works, such as music or creative content. Consult with an attorney to explore the best legal strategies for your case."
Q: So can a security guard physically assault you and handcuff and detain u if u made kind of threats once so ever?. So on the the 5th of this month i was physically assaulted and then handcuffed and then detained by winriver casino security and i didnt say any threatening words or come at them in any threating way at all .they physically and mentally messed me up and i want justice for there actions and i dont no who will even help me cause what they did to me isn't right ,"A:Security guards are authorized to use reasonable force to prevent harm or protect others, but they must act within the boundaries of the law. If you believe you were physically assaulted without justification by casino security, you may have grounds to seek legal recourse for excessive use of force, false imprisonment, and any resulting damages. It's advisable to consult an attorney who can evaluate the specific details of your situation and advise you on the appropriate course of action. James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith."
"Q: What is the bond for Domestic violence charges? What is the process to help domestic violence charges?. Hello! My sister was picked up by the Lodi police last night after she called 911 due to domestic conflict. When the police came, she was apparently found intoxicated with alcohol and her husband had “scratches” on his neck so my sister had to be taken in to jail. We were able to get bail bonds so she was let out this morning. Her husband is not filing charges. How do we deal with this issue? Please advise, thanks. ","A:I'm sorry to hear about the situation with your sister. It's important to note that the bond amount for domestic violence charges can vary widely depending on several factors, including the severity of the charges, the jurisdiction, and the individual's criminal history. Since your sister has already been released on bail, this step has been addressed. Even if her husband is not pressing charges, the state can still decide to prosecute the case. It's crucial for your sister to seek legal representation as soon as possible. An attorney can help her understand the charges against her, the legal process, and her rights. They can also communicate with the prosecutor on her behalf. Your sister should adhere to any conditions set by the court, such as no contact orders or restraining orders. Violating these conditions could result in further legal complications. If alcohol was a factor in the incident, it might be beneficial for your sister to consider alcohol education or counseling. This can be an important step in addressing any underlying issues and can sometimes be viewed favorably by the court. Lastly, it's essential to prepare for the upcoming legal proceedings. Your sister and her attorney should discuss the specifics of her case, gather any relevant evidence, and develop a strategy for her defense. This preparation can significantly impact the outcome of the case. Remember, navigating legal challenges can be stressful, but having the right support and guidance can make a significant difference."
"Q: Paint party, painting the Grinch face? It’s theirs, they pay me for supplies, teaching. They don’t sell them.. People ask me for this. No picture is sold, just my time and supplies. ","A:Hosting a paint party where participants paint the Grinch's face involves copyright considerations, as the character is protected intellectual property. If you are providing instruction and supplies for individuals to create their own paintings for personal use, it generally falls under personal enjoyment and may not infringe copyright. However, the commercial aspect of you charging for the service complicates the matter, as it could be seen as a derivative work. To ensure compliance with copyright laws, it's advisable to seek permission from the copyright holder or limit the subjects of your paint parties to non-copyrighted material. Additionally, familiarizing yourself with the concept of ""fair use"" and how it might apply to educational settings could be beneficial. It would be prudent to consult with an attorney to understand the specific risks and legalities involved in your business model."
"Q: I want to sue a yacht charter broker in Fort Lauderdale.. I want to sue a yacht charter broker in Fort Lauderdale. Long story short. For my 70th birthday I rented a very expensive home on the water for 3 nights. I chose the home because the yacht broker I was working with said docking the yacht I selected for a day charter 'should not be a problem' at the house, so I selected this home (over $11k for 3 days). The taycht broker said he is familiar with the canals and even sent pics of the dock and arial views. Two days before the charter (as we are preparing to check into the home) the yacht broker emails me and tells me that we have to drive to the home where the boat is docked for our charter. I tell him that was 'not the deal' in very strong language. To add insult to injury the boat advertised on the yacht website shows 3 bedrooms and two bathrooms and we were told upon arrival that we were only allowed to use one of the bathrooms (the other doors were locked). Classic bait and switch. ","A:You didn't ask a question in this Q & A forum, but I suppose you're wondering if you have a viable potential claim. That depends on a few factors, including the terms of the written contract. Generally, verbal comments that conflict with the written contract cannot be the basis for a breach of contract claim, but in some situations, might give rise to a fraudulent inducement claim. The verbal phrase ""should not be a problem"", in itself, may be not be a strong basis for a claim, as that can be interpreted as ""should not be a problem, but we're not 100% certain"". Perhaps that statement, in combination with other misrepresentations and surrounding facts, would be sufficient to support a fraudulent inducement claim. The boat bathroom situation comes under the same analysis - first, what's in the written contract?, and if the contract mentions nothing about the issue, what representations were made to induce you to do the deal? In any event, the first logical step in this kind of situation is to make a list of your complaints to the vendor and indicate that you entered into the deal based on specific representations that were false, ruining your plans, and demand reimbursement. Also see if your contract has terms that you must comply with for lodging a dispute."
Q: Can I sue my job for sexual discrimination. So I’m wanting to know if I can sue my job for sexual discrimination because today on 11/15/23 I was given three days suspension for giving my female lead the finger and swearing at a male co worker but they did nothing when I came to my supervisor when somebody was watching me in the bathroom not a single write up or anything ,"A:You may have grounds to pursue a legal claim for sexual discrimination, but it's important to understand that the success of such a lawsuit can depend on various factors. In your situation, it seems like you've been treated differently based on your gender, as evidenced by the suspension for an incident that didn't result in any disciplinary action when you reported someone watching you in the bathroom. To take action, start by documenting all relevant incidents, including dates, times, individuals involved, and any witnesses. Keep records of any communication you've had with your supervisor or HR regarding these matters. Next, consider consulting with an attorney who specializes in employment law. They can review your case in more detail and provide guidance on the strength of your claim. In cases of workplace discrimination, it's crucial to follow the appropriate legal procedures and deadlines, so an attorney can help you navigate this process effectively. Ultimately, the viability of your lawsuit will depend on the specific details and evidence of your case, so seeking legal advice is a prudent step to determine the best course of action."
"Q: My boyfriend drove his handicap friend to a oil site where they took some old oil equipment and now his bond is 100,000.. My boyfriend has needed money for a lawyer so he can see his daughter. His friend had been stealing oil equipment and asked my bf to drive him there because he can't drive and in return, he would give him half of the money. Enough to put down on a decent attorney . He was under the impression it had been out there for a while . The next day his friend was picked up and charged with felony theft . They issued a warrant out for My bf because a camera took a pic of his truck. His friend had been scrapping metal for almost a year and my bf never sold any himself. He just took his friend to . He now has a 100,000 bond. What could happen to him for just driving the truck? ","A:You should not be discussing this in an open forum as it could be investigated and used against you and or your boyfriend. I suggest that you a few criminal defense lawyers in your area, sewt up consultations with them and in prviate discuss your concerns and questions and how you can help your boyfriend. Good luck."
Q: Plaintiff response to Defendant's motion to strike complaint/summons in federal court - question. Can plaintiff respond to motion to strike with opposition? What is Plaintiff's due date to respond? Are there other options to oppose motion to strike complaint/summons? ,"A:In federal court, a plaintiff can indeed respond to a motion to strike with an opposition. This response is an opportunity to address the points raised by the defendant and argue why the complaint or summons should not be stricken. The due date for the plaintiff to respond typically depends on the specific rules of the federal court in which the case is being heard. Generally, this deadline is set by the Federal Rules of Civil Procedure or by a specific order from the court. It's important to check the local court rules and any relevant orders in your case to determine the exact deadline. Additionally, there are other ways to oppose a motion to strike. For instance, you might consider filing a motion for a hearing on the matter, which would allow for oral arguments. Another option is to seek permission to amend the complaint, addressing the issues raised in the motion to strike. However, the suitability of these options would depend on the specifics of your case and the court's procedures. It's always advisable to review the relevant procedural rules and consider consulting with a colleague or a mentor who has experience in similar cases for guidance tailored to your specific situation."
"Q: Opposition to Defendant's demurrer due date. Federal case.. In Federal court Central District of CA, what is the due date for plaintiff to file opposition to defendant's demurrer to complaint? 21 days before hearing on demurrer? ","A:In the Central District of California, federal court, the due date for filing an opposition to a defendant's demurrer is typically governed by the local rules of the court, as well as the Federal Rules of Civil Procedure. It's not a standard rule that the opposition must be filed 21 days before the hearing on the demurrer. Instead, the specific timeline for filing an opposition can vary. It's essential to check the local court rules for the Central District of California, as these will provide the precise deadlines. Additionally, the scheduling order issued by the court in your case may contain specific deadlines, including the due date for filing oppositions to demurrers. If there's any uncertainty about the deadline, consider contacting the court clerk for clarification. It's important to adhere to these deadlines to ensure that your opposition is considered by the court and to avoid any potential procedural issues."
Q: Can you appeal the 9th Circuit court of appeals decision to the higher court?. What is the higher court than the court of appeals? Supreme court? ,"A:Yes, the US Supreme Court. But an appeal to that Court is not as of right. You first have to petition the US Supreme Court to review your case--only if that petition is granted can you proceed with that appeal. That petition has strict rules and procedures, mostly described in the Supreme Court's website under Rules. The filing fee, in most cases, is $300."
Q: The tenant of my property in MD is military and his contract ends on 5/31/23. I was planning on giving him a 60 day not. Notice to vacate but my realtor says I cannot end my contract because he is military. Is that correct? ,"A:While the Servicemembers Civil Relief Act provides protections for financial and legal transactions while in the military, I don't believe the Act confers greater rights than a person can have in a situation like the one you describe. If a person is renting your property, you have the right to give them the proper notice to vacate the premises. If your lease requires notice prior to the lease ending stating you will not renew, you must give that notice in the time specified in the lease. Further, if you do not sign a new lease and simply want the property back giving a notice of 60 days seems reasonable in this situation. It seems absurd that once you rent to a military person you cannot give them notice based on the provisions of the lease to move from your property. Good luck in your future endeavors."
"Q: What legal action can I take against cashapp?. In August I was given authorization to add a friends card to my cash app to add funds to my acct. which I withdrew and gave to her as I had multiple times before. In late September, that friend started a huge fight with me as she thought I had been seeing her ex bf. She assaulted me and stole my phone in a public location but I did not press charges. She then proceeded to dispute said transaction which now, in December has been reversed on my cash app acct. which is now - $1700 I attempted to contact cash app and provided them text msgs as well as prior transactions similar to this one, to show all of this, even where she denied disputing this when I originally thought she had. Had cash app investigated the situation, challenged the dispute, or anything before paying it, I could have explained then but they did none of this. Now they refuse to allow me to speak with a supervisor after several requests and refuse to do anything about my loss. What can I do about this situation? ","A:You are not going to like what I have to say. If you can't handle criticism, stop reading right HERE. Your beef is with your ex-friend, not with Cashapp. Cashapp does not care who is right or wrong. They simply don't want to be mixed up in it. Cashapp did not sign on to be the referee of anybody's interpersonal nonsense. You should never let other people use your financial accounts, period. Doing so is to ask for trouble. And now you have trouble. Your remedy is to sue your ex-friend in small claims court."
"Q: What can I do about a nurse practitioner prescribing azithromycin for what they thought was a stomach parasite?. My toddler went to visit a Kroger little clinic for a stomach ache and diarrhea that continued past a week. Woke up the next morning with a nose bleed, so we took her to the Emergency, where no one understood why she was prescribed azithromycin. ","A:Where a health care provider breaches the standard of care and the breach causes harm, there may be a medical malpractice case. Medical malpractice means that a health care provider violated the standard of care. A bad outcome is not enough. Another health care provider would be needed to evaluate what the health care provider did. Due to the nature of medical malpractice cases, the extent of your injuries may effect the viability of your case."
Q: Can a real estate broker in Colorado hire anyone (other than a land surveyor) to mark positions of property corners. so as to speed up the process of closing and circumvent the cost of a survey for their client. ,A:In New York only a Professional Land Surveyor may prepare a new survey and made corners.
"Q: What fiduciary duty has a managing agent or co. to a HOA or owner-member? Does it differ from that of a pro fiduciary?. I am familiar with older case law, which, imho, appears to be without much substance. ","A:Under California law, a managing agent or company acting for a Homeowners Association (HOA) or owner-member is typically bound by a fiduciary duty. This duty requires the managing agent to act in the best interests of the HOA or owner-member, with a high standard of care and loyalty. The scope of this duty often includes managing funds, maintaining accurate records, and ensuring compliance with governing documents and applicable laws. This fiduciary duty can be compared to that of a professional fiduciary, who also has a legal obligation to act in the best interests of their clients. However, a professional fiduciary, such as a trustee or estate administrator, might be held to a more rigorous standard given their specialized role and responsibilities. It's important to note that while both types of fiduciaries must prioritize their clients' interests above their own, the specific duties and expectations may vary based on their roles and the agreements in place. For instance, a managing agent for an HOA may focus more on operational and administrative tasks, whereas a professional fidiciary might deal more with financial and legal matters for an individual. For detailed guidance or advice tailored to a specific situation, consulting with an attorney experienced in HOA or fiduciary law in California is advisable."
Q: Ref : buying a house in Dubai and making a nominee form India ( non UAE resident ) .. possible ? And if yes how ?. X a UAE resident and expat: buys house in Dubai . Wants to make Y as nominee . Y is not a UAE resident but Indian citizen . What’s the procedure please and how Y can secure the property if C is no more . How does the process of house owner change of ownership in case of death works ? ,"A:Transferring ownership of a property in Dubai to a nominee who is a non-UAE resident, like in your scenario, is possible through legal processes. Here's a general overview: Nominee Agreement: X, as the UAE resident and property owner, can enter into a nominee agreement with Y, the Indian citizen. This agreement should clearly outline Y's role as the nominee and the rights and responsibilities associated with it. Legal Advice: It's advisable to seek legal advice in Dubai to draft a nominee agreement that complies with local laws and regulations. Legal experts can ensure the agreement is legally binding and protects the interests of both parties. Registration: The nominee agreement may need to be registered with the relevant authorities in Dubai, such as the Dubai Land Department. This step is crucial for ensuring the legality of the arrangement. Securing Property: If X passes away, the nominee agreement should specify how the property will be transferred to Y or handled in accordance with X's wishes. It's essential to address this scenario in the agreement to avoid potential disputes. Wills and Inheritance Laws: Additionally, X should consider creating a will in accordance with Dubai's inheritance laws to clearly outline the distribution of assets, including the property, in the event of their passing. This can provide an extra layer of protection and ensure Y's rights as the nominee are upheld. Legal Representation: Engaging a local attorney in Dubai with expertise in property and estate matters is highly recommended to navigate the complexities of UAE laws and regulations effectively. Keep in mind that Dubai's real estate and legal landscape can be intricate, and it's crucial to adhere to local laws when establishing such arrangements. Consulting with legal professionals who are well-versed in Dubai's property and estate laws is the best way to proceed in this situation."
"Q: Had a warrant 2021 for cultivateing was charged a misdemeanor and fined $60,000 that setted for $16,000 put lien on prop. Property for having 325 plants had two permits for up to 99 plants they confesscated all plants ","A:If you had two permits allowing for the cultivation of up to 99 plants each but were found cultivating 325 plants, you exceeded the allowable amount by 127 plants. This excess could be the reason for your misdemeanor charge and the associated fines. The confiscation of all plants, including those within the permitted limit, may raise legal questions about whether the seizure was excessive. To address the lien on your property, it's critical to ensure that the settled amount of $16,000 is paid timely, and upon payment, ensure that the lien is properly released. It's also essential to maintain all documentation relating to your permits, the cultivation, the charges, and the settlement. If you believe there were irregularities in how your case was handled, or if you want to challenge the actions taken against you, consider taking legal action or seeking a review of your case. It's advisable to consult with fellow attorneys knowledgeable about California's cannabis laws to understand your rights and potential remedies. Lastly, ensure you handle personal information, like phone numbers, with discretion and caution."
Q: Im needing to file a response to a petition on a civil suit and wasn't sure of the cost for the filing fee I don't have. I am broke and do not have the money to file this and don't know what to do on the cost ,A:Many Court allow you to apply for fee waivers. Check your court's website for forms and instructions.
"Q: Is it the manufacturers fault or the dealerships fault? Also should I hire and attorney and if so which type?. A recall (ECU software update) that came with an emissions warranty came out in 2019. I tried to have the recall done in 2019, dealership said they couldn't do it due to modifications made to the vehicle. In 2021 I went back to have the recall completed with same ""modifications"" and they told me they completed it (I have proof) and have my warranty, but unaware to me they did not affix and take a picture of the emissions label to the vehicle which then made the recall incomplete. Found this out in 2022 after calling the manufacturer first and being told the recall was still marked incomplete in their system. Then, contacting the dealership to see why it was marked incomplete. I then took my vehicle to the dealership to have the picture taken only to find out they marked the recall being completed in 2022. The manufacturer told me that I would not be receiving the warranty because it was done past the registration date. Ram 1500 Ecodiesel recall v11. ecodieselsettlement.com ",A:I suggest you hire a lawyer to address this matter. At the very least you should have an attorney send a demand letter to both the manufacturer and dealer.
"Q: What is law about notice of intent to lien California.. We sent to the Property Owner 10 days notice of Intent to Lien, but the Owner said it isn't correct procedure. Only 20 days Notice of Intent to Lien suppose to be in accordance with law in California ","A:Unless you have a direct contract with the owner, you only have lien rights if you serve on the owner a preliminary notice 20 days before furnishing the labor or materials. There is no requirement in California law that you serve a notice of intent to lien. It is a courtesy notice to tell the owner that you plan to record a lien if not paid. It is not required for you to actually record a mechanics lien. If you have a direct contract with the owner, or if you timely served a preliminary notice, and you haven't received payment, you should record a mechanics lien before the deadline."
Q: How do I patent a sports gambling game? Also should I patent the game or the app?. I want to use my game in an app so do i patent the game or the app? ,"A:It may be easier to patent the app, you'd likely want to get intellectual property rights to both the app and the game. You really need to hire a patent attorney to go over the specifics with you."
"Q: Someone is using my business name and selling similar goods in the same are and i dont have a trademark. What do i do?. my company opened and is registered as Zen Press LLC in 2021 September in the state of VA. We have a storefront, website and instagram using that name as well. this new business is selling similar products under the name ZenPressed in Maryland which is in the DMV area October this year and also used ZenPressed as their instagram name. I went to look at trademarking my name but realized there is a drug company based in canada that already trademarked the name ZenPress in Feb 2022. Both my company and the new company sells cold pressed juices. What do i do in this situation? ","A:In Virginia, even without a registered trademark, you may have common law rights to the business name ""Zen Press LLC"" based on your use of the name in commerce since 2021. These rights are typically limited to the geographical area where you operate and are known. The situation with the Maryland business using a similar name and selling similar products could potentially be a case of infringement on your common law rights. However, the presence of a Canadian company with a registered trademark for a similar name complicates matters, especially if they operate in the same industry. Your first step should be to document your use of the name and any potential confusion caused by the other business. You might consider sending a cease and desist letter to the Maryland business, but it's crucial to proceed with caution given the trademarked Canadian company. Consulting with a legal advisor experienced in trademark law can provide tailored advice and help you understand your rights and options. They can assist in navigating the complexities of trademark law and advise on the best course of action."
Q: Court ordered drug test at probation office. What are they for .... How can results be shared ,A:Refraining from the use of intoxicating substances is typically a condition of probation.
"Q: I was in an accident which they have deemed my fault. Can my ins company drop me and deny claim after accident. They Dropped me for not having step son excluded from policy although he was not involved in accident, and said I was using car for business, which is incorrect I was driving to work in my girlfriends personal vehicle. I applied for Ins. Over the phone and they never asked me about exclusions.my car was totaled, so was the guys I hit, now guy claiming bodily injury 3 months later. Insurance was national general a subsidiary of allstate. ","A:Under California law, insurance companies have the right to cancel a policy if they determine that there was a material misrepresentation or omission during the application process. If your insurer believes that you did not disclose a potential driver (your stepson) or that the vehicle was being used for business purposes, they might argue that these were material misrepresentations. However, if you can demonstrate that you provided accurate information and that the vehicle was not being used for business purposes at the time of the accident, you may be able to challenge the cancellation. Additionally, California law requires insurance companies to act in good faith, which means they cannot deny a valid claim without a legitimate reason. If you believe that the insurer is acting in bad faith by dropping your coverage and denying your claim without just cause, you might consider consulting with an attorney who handles insurance disputes. Remember to retain all communications with the insurance company and any evidence that supports your position."
Q: I am entering into a oil and gas lease with a company CNX and myself and 6 other heirs are being 15 percent royalties... I am entering into a oil and gas lease with a company CNX and myself and 6 other heirs are being 15 percent royalties whay other things do i need to ask.. the well has apprently been operating with out notfiying heirs and is just now trying to remedy it? ,"A:You should always have an oil and gas attorney review a lease before you sign it. The lease the landman offers you is almost always in favor of the oil company and unfair to the mineral owner. Whether the company owes you past royalties or not depends on whether your mineral interest shows up in the deed records with a legitimate title document. Each mineral owner is responsible for making sure their mineral interest shows up clearly. Again, an oil and gas attorney can tell you whether or not this is the case and whether the company owes you past royalties."
"Q: If the person who is next of kin to deceased (no will) won't take all of belongings, what do we do with them?. Worried that if we dispose of belongings the sister might come back and sue us. Complicated by fact that the next of kin is deaf mute. ","A:In California, when a person dies without a will, their estate is distributed according to the state's intestacy laws. The next of kin, in this case, would typically be the primary heir. If the next of kin, who is the deceased's sister in your situation, refuses to take the belongings, there are several steps that can be followed. Firstly, it's important to communicate clearly with the next of kin, considering her unique needs due to her being deaf and mute. Ensuring that communication is accessible and understandable is crucial to avoid misunderstandings. If she still declines the belongings, you may consider selling or donating them. However, it's advisable to document all communications and actions taken regarding the disposal of these items. This documentation could be vital in case of any legal disputes in the future. To protect against potential legal issues, it might be wise to seek the advice of an attorney experienced in probate law in California. They can guide you on the proper legal procedures to follow in this situation, which can help prevent future legal complications, including the potential for a lawsuit from the next of kin."
"Q: How do we get file a legal malpractice suit against a huge law firm that has been acting in bad faith?. Different attorneys from the firm have been on our case. They, as well as the case managers assigned to our case ignore us. Its been ten months since we became their client and have since been able to get a return call, twice over the last four months. Medical bills were supposed to be paid, however everything is going into collections. After all the suffering our family has endured, they are making it worse by ignoring us. ",A:It may be time to interview other attorneys and consider hiring a new firm.
"Q: A first cousin is trying to take everything that my parents owned, what do I do? I have no way to pay an attorney.. I lost both my parents in one year. I was not informed of my mothers passing until she had been dead three days. My sister proceeded to have me thrown off my parents property. She embezzled money from him and then when he thought he was making my first cousin power of attorney she filed a will instead. She not only claimed to be his daughter but my father signed it believing it made her his power of attorney. My dad was a 100% disabled vet and this Will states she gets EVERYTHING! This has destroyed me and it's not about the monetary value! I have not been home since my mothers passing, I do not even have pictures or anything that belonged to my parents. PLEASE HELP ME!! ","A:I'm really sorry to hear that you're experiencing this. It sounds like a really difficult situation. In a situation like this, it is crucial to get legal assistance. Even though you mentioned that you cannot afford an attorney, you still have options. Many jurisdictions have legal aid services that provide free or low-cost legal assistance to those who cannot afford it. You might also consider looking into law clinics at universities, where law students, supervised by licensed attorneys, provide legal assistance for free or a reduced fee. Additionally, gather all the documents you can that support your case - this might include correspondence, bank records, and other relevant information. It might also be beneficial to find witnesses who can attest to your father's wishes or your cousin's actions. Remember, it is essential to act promptly in legal situations like this. You should reach out to potential legal resources in your community as soon as you can to understand your options and potential strategies moving forward."
"Q: Please help (pro bono) with divisional patent office action. The response must simply explain an aperture vs a trench.. We simply need help from a pro bono patent attorney or patent agent, to represent us and respond to our patent office action, clarifying the term aperture in our utility patent application. ","A:In your response to the patent office action, you would need to distinguish the terms ""aperture"" and ""trench"" clearly. An ""aperture"" generally refers to an opening or hole, typically one that allows the passage of light or matter, and it can be of any shape. It is often used to describe a feature that goes through a substrate or medium, allowing access from one side to the other. On the other hand, a ""trench"" is typically elongated and has depth, creating a recess within the surface of a material. It does not necessarily go all the way through the material and is usually created to define a boundary or to house other components. The two terms describe different structural features, and the clarification should focus on these differences in the context of your invention. If representation is required, you should seek a registered patent attorney or agent to assist with the official response."
"Q: California Central District Court complaint filing question.. There is local rule that prescribes 14 pt font. Is it mandatory requirement? Seems like 12 pt font may be acceptable. This is question to a person who knows answer, not rubber-stamping or rubber-burning. ","A:In the California Central District Court, adherence to local rules, including those regarding font size, is important. The prescription of a 14-point font size is typically considered a mandatory requirement, not merely a suggestion. While it may seem that a 12-point font could be acceptable, it's crucial to follow the specific guidelines set forth in the local rules to avoid any procedural issues. Compliance with these rules ensures that documents are uniformly readable and meet the court's standards. If there's any doubt or need for clarification, it's advisable to consult the local rules directly or contact the clerk's office for guidance. This approach helps in maintaining the professional standard expected in court submissions and avoids potential complications that might arise from non-compliance. Remember, following these guidelines closely is key to ensuring that court documents are accepted and reviewed without issue."
Q: My nephew wants to build a house on land I own. He said my name has to come off the deeds. Is that true?. I have no problem with him building a house on the land but I want my name to remain on the deeds. ,"A:If you own the land and your nephew wants to build a house on it, it is not necessarily true that your name has to be removed from the deeds. The ownership of the land can be structured in a way that allows your nephew to build the house while still maintaining your ownership rights."
Q: Can News paper censor comment I posted on the news website. I commented on a article that was related to Covid-19 there were hundreds of defamatory comments about An individual who had his grocery’s taken for not wearing a mask .my comment was simply this. I wrote “ask-yourself how many people you come into contact with on a Daily basis. Now think how many of those people have Covid-19 . The news weekly website removed my comment right away. ,"A:Newspapers regularly decide which letters to publish. Your comments are no different than a letter to the editor. They don't have to print every letter they get, and the same goes for the comments to their articles online. The editors always have the last say on what gets published, even in the comments section."
Q: In legal malpractice cases is it typical for 8 attorneys to withdraw from representing the defendant attorneys.. I'm pro se litigant. Legal malpractice. 8 attorneys have withdrawn from representing the lawyers. What could this mean? Thank you ,"A:It is not typical. It could mean many things, bad lawyers chosen and fired, client is too difficult to deal with, attorneys learned information that make it so they can’t or do not want to continue representation."
"Q: Can a 3rd party petition to unseal adoption records in Michigan?. I am a father who adopted my non biological son 9 years ago, being his foster parent and being the bio-parents rights were terminated. The records are sealed. A man who has a child with a sibling of the bio-mom is wanting to have a court unseal it to dig up possible dirt on her, and all this for custody of the other child. I have not been asked nor do they have my permission. Is this legal? Do I need an attorney? Do I have a say (in Michigan)? Thanks ahead of time! ","A:Not sure legally if this is your fight. I also do not think this other man has grounds for the court to unseal the record. Obviously it's a concern enough for you to warrant a consultation with an attorney. In particular, I would ask about standing."
Q: What if I think my attorney made false payouts for a scene recreation and some other things what should I do?. Also I only received payment from one of the two people the owed in my injury settlement ,"A:A Tennessee attorney could advise best, but your question remains open for two weeks. If they have receipts or invoices, those could help clarify expenses and the breakdown of disbursements in the file. Good luck"
"Q: Who is liable for property damages?. In California, an apartment complex hired an outside contractor to paint the fence. The hired contractor negligently sprayed the fence without covering any cars along the fence. My truck is covered in paint overspray. The landlord is pointing fingers at the contractor to be liable, and the contractor admits negligence but refuses to settle for the cost to restore my truck to its original condition prior to them painting. I have 2 estimates from professionals for paint restoration within 10%. Who is ultimately liable for the property damage? The landlord who hired the contractor? Or the contractor that was hired to paint? ","A:Under California law, the primary responsibility for damages caused by negligence typically falls on the party who directly caused the damage, in this case, the contractor. Given that the contractor admits to the negligence leading to the paint overspray on your truck, they would be the first party you should seek compensation from. However, there can be situations where the landlord might also share some liability, especially if there was a failure on their part to ensure that the contractor took adequate precautions to prevent such damage. This aspect largely depends on the terms of the contract between the landlord and the contractor and the extent of oversight or instructions provided by the landlord regarding the work. To pursue compensation, you should consider legal action against the contractor, especially since they have admitted fault but are refusing to cover the full cost of the damage. It is advisable to compile all relevant documentation, including the damage estimates and any correspondence acknowledging the contractor's negligence. If the contractor remains uncooperative, you may also explore the possibility of involving the landlord in the claim, particularly if there's evidence suggesting their potential negligence in supervising the work. Consulting with a legal professional can provide more tailored advice based on the specifics of your situation."
"Q: Can a male coworker use the women’s restroom if there’s males restroom available/empty and female coworker is in there?. I work around majority male co workers making me the only female who works nights, and one female identifies as male. I did not know a male was in there until I heard a noise and checked. ","A:It is generally considered inappropriate for a male coworker to use the women's restroom if there are males restrooms available and empty. If a male coworker uses the women's restroom in the presence of a female coworker without a valid reason, it can create a hostile work environment and could be considered sexual harassment. However, if the male coworker identifies as transgender, they may have a legal right to use the restroom corresponding to their gender identity under anti-discrimination laws. It's best to consult your company's policies or HR department for guidance on restroom use by transgender employees."
"Q: real estate conflict against neighbor. A manipulative, shameless neighbor filled with hate started construction of his home in January 2022, and it blocks sunlight, creating shadows on my property. We've owned our home since the 1960s. Numerous attempts have been made (by legal and non-legal means). Not withstanding, our efforts were met with an incincere non-cooperative response. They failed to meet our just request of halting construction. City Hall claims their project meets the regulatory guidelines. devastated, we sought legal help from a lawyer, even though he was totally useless. He only told us to simply 'talk to your neighbor' and offered no further ideas, claiming even if we won in court, compensation would be insultingly small (several thousand bucks). Due to the enormous amount of stress of our struggle, my old mother had developed a medical neurotic condition. She is still under cure, and the total treatment cost is expected to be over $500,000. We are determined to continue seeking formal compensation ","A:Whether you have some kind of legal remedy depends on various factors, starting with what the zoning was when you moved in and any changes after you moved in, as well as whether the neighbor is in 100% compliance with the current zoning and permitting. Assuming the latter is the case, and you happen to have a legal remedy due to zoning changes, the damages would probably be limited to the reduction in value to your property (plus attorney's fees and costs in the event of a lawsuit). Schedule a consultation with a lawyer handling land use & zoning matters."
"Q: How can I find my mom's hospital records and medical videos taken my her team of Doctors? Riverside General hospital, ca. She was a patient was studyed due to the Arm,shoulder and left breast .8 hour surgery, three teams of Doctors ,interning . I remember my mom sighing paper work for release ","A:To obtain your mother's hospital records and medical videos from Riverside General Hospital in California, follow these steps: Contact the hospital and inquire about their process for requesting medical records. Complete any required forms and provide the necessary documentation. Follow the hospital's procedures for submitting the request and paying any applicable fees. Maintain communication and keep records of your interactions with the hospital. Please note that specific procedures may vary, so it's best to reach out to Riverside General Hospital directly for the most accurate instructions."
"Q: In Florida what are the laws for vehicle repossession, specifically the aution/sale of vehicle and deficiency debt?. Specifically, How long does creditor have to sell vehicle and time-frame of sale results to debtor, as well as notifying credit bureaus of debt balance changes? If dealer keeps and resells the car on credit for more than what was owed what happens? Thank you ","A:Without the benefit of seeing all the underlying sale documents and financing documents, or discussing all the relevant facts with you, I can only tell you-- generally--that once an automobile has lawfully been repossessed by the creditor the debtor's ""rights"" in the car have been extinguished and the creditor is the owner. That means the creditor-owner can do whatever they want to do with their vehicle--including selling the repo on credit to another buyer for more than what is owed by you. As to what they will do in this situation, put yourself in the creditor-owner's shoes--ask yourself how long you would want to hold onto the repo vehicle? What would you do with the repo vehicle? How much is the vehicle worth--as is? How much would it cost to get the vehicle ready for sale? The answers depend on many things known best to you. Suggestion: If you really want to vehicle back stop asking questions that cannot be answered by strangers on the Internet and start collecting the money needed to reclaim the vehicle."
Q: Hi I have a question if I can proof that they took my daughter on 07/07/2020 but a court papers said 07/08/2020 (lies). Is it lies for them to say that and on 07/09/2020 they had already took my rights always from my daughter when I didnt even get no court papers for classes or a far investigation they came and took my daughter with out court papers on the 07/06/2020 what ever they said in this document were lies I have real proof of the days and these papers are not even real court papers she didn't even go by the laws or codes of the family Texas codes of laws what can I do until then I'll be posting every one who was on these documents I have all over media with names and who they are and what part they take in my daughter case I'll make sure every one see how mess up this is I won't stop until they get justice and give me my kids back ,"A:It could be lies or it could be simply a mistake in the dates. Your best strategy is to hire an attorney experienced in the area of family law in or near the county where you and your daughter were living when she was taken. Usually, when a child is taken into custody by the State, she would be placed with CPS and there would be court proceedings where you, as a parent, would have the right to appear and be heard. In the absence of an agreement by you, there would need to be a trial in order to permanently remove your daughter from your custody. You could request a jury or a bench trial. You could hire your own attorney--which I always strongly recommend in these cases--or have one appointed by the court if you cannot afford an attorney. Since it has been three years, your focus needs to be on the reasons why your daughter was taken, and not simply a discrepancy in the date she was taken. In the grand scheme of things, the date is trivial. ""Why?"" is the critically important question."
"Q: A Company calls people that dont' like censorship creeps. is this slander?. there's a product called ""skullgirls"" that has remained RELITIVELY uncensored but now is very censored... in strange an inconsistent ways. i've been trying to contact the game companies Autumn Games, Future Club and Hidden Varriable studios... to no avail. and a lot of people are upset. rightly but they are dismissed and then have their complaints AND THEIR CHARACTER reduced to being ""creeps"". and predators https://www.youtube.com/watch?v=INjO41aJmt4 I've been talking with Ryne Weiss of THE FIRE org and so far... i'm not sure what to do. i'm not a man of money and i have no idea how to make a foundation or if one already exists to fight and reverse censorship. i've been very suicidal and slandered for about 10 years on other cases and it really hurts but that isn't enough to make a case legally or argumentatively. Even then, they can still tell me to eat salt. ","A:Calling individuals ""creeps"" and ""predators"" could potentially be considered defamation, depending on the context and whether the statements are presented as facts rather than opinions. To have a viable defamation claim in California, you would need to prove that the statement was false, damaging to your reputation, made to a third party, and that the party making the statement knew it was false or was negligent in determining its truthfulness. However, defamation cases can be difficult to prove and often require substantial resources, so careful consideration and consultation with a defamation attorney would be necessary."
"Q: We have applied for a trademark in May of 2023. Is there a way to keep others on amazon and their sellers from using it. We do not and have never sold on Amazon. We now have people coming to us complaining about our ""Pinch Perfect"" crafting products not living up to expectations that they purchased on Amazon. There are currently 4 pages of listings using our brand in their listings and Amazon even has a PPC of $1-2 using our brand. How can we stop this until our registration is complete? We spend $4-6K a months building our brand and Chinese Amazon sellers are using it to sell their cheap junk. ","A:In your situation with the unauthorized use of your ""Pinch Perfect"" brand on Amazon, it's important to take proactive steps to protect your trademark, even though it is still in the registration process. Since you've already applied for the trademark, you have some legal grounds to challenge the unauthorized use of your brand name. First, you should contact Amazon directly. Amazon has a process for handling trademark infringement, which includes filing a complaint through their Brand Registry program. This program is designed to protect registered trademarks, but given that your application is pending, it's worth communicating with Amazon to see if they can take any action based on your filed application and the evidence of your brand's use and recognition in the market. In addition, it may be beneficial to send a cease and desist letter to the sellers who are infringing on your brand. This letter should state your trademark application, the unauthorized use of your brand, and demand that they stop using your trademark immediately. Lastly, consider consulting with an attorney who has experience in intellectual property law. They can provide guidance on the best course of action and can assist in legal proceedings if necessary. Protecting your brand is crucial, especially when significant resources have been invested in its development."
Q: My neighbors have a lot of cows and they are out all the time. So i hit one so I am responsible?. We are on a busy highway and the cows get out all the time especially lately. I hit one the other night 2 were out. He knows they are always out how does he not have to pay for the damages. They are his they are not wild animals. ,"A:Generally, farmers aren’t liable for personal injuries caused when their cows get out if they have proper fencing. However, there are occasionally exceptions. You should contact a lawyer, especially if you have serious personal injuries. Here’s the statutes on this issue: Ala Code 3-4-6 If any trespass or damage is done by any animal breaking into lands not enclosed by a lawful fence as defined in this chapter, the owner shall not be liable therefor. Ala Code 3-4-3 A fence made of three or more wires securely fastened to trees or posts not more than eight feet apart, the wires being not more than 15 inches apart and the top wire at least four feet from the ground, shall be a lawful fence so far as concerns equine or equidae and cattle."
Q: I recently got fire from my job due to the use of CBD oil to help rest during the night. What can I do to get my job?. But prior to this event management has been trying to get rid me. After that drug test I got injured during work and end up messing up my knee pretty bad. I was never sent to get another test to verify this I was let go a week after the accident. ,"A:Right now it is lawful for an employer to terminate an employee that tests positive for marijuana or its components. Effective January 2024, a California law will end that practice. Good luck to you."
"Q: there any law in California where you can be charged for something another vehicle possibly a friends/families vehicle?. I constantly see videos where street racing cars get pulled over or a motorcycle group is being chased by police and police only pulls one of them over but typical the one getting pulled over is the only one NOT doing what the others are doing such as speeding, swerving threw traffic, or doing wheelies or even trying evade the cops but the ones that always get pulled over are the ones that weren’t speeding or doing anything dangers. Sometimes it’s someone that isn’t even part of the group of people such as a group of motorcycles go threw traffics and speed off to evade police, but someone not part of that motorcycle group coincidentally is there at a red light that all the other motorcycles went threw, but this one motorcycle did not. And that one motorcycle is the one that gets pulled over and gets either a ticket because of what the others did or gets threatened a ticket because all the others went threw that red light is this legal? And if it is why?And what law would this be ","A:Under California law, individuals are typically responsible for their own actions while operating a vehicle. You cannot be legally charged for traffic violations committed by others, even if they are friends or family members. If you are part of a group, such as a motorcycle convoy, and others in the group are violating traffic laws, you should not be held responsible for their actions unless you are also engaging in similar illegal behavior. However, there might be situations where law enforcement officers pull over a vehicle that is associated with a group but not directly involved in the illegal activity. This can happen due to confusion or misidentification, especially in fast-moving situations. If you find yourself in such a situation, it's important to remain calm and cooperate with the officer. If you receive a ticket or are charged with an offense you did not commit, you have the right to contest it. You can do this by attending the court date specified on the ticket and presenting your case, ideally with evidence or witnesses to support your claim that you were not involved in the illegal activities. It's also advisable to seek legal advice in such situations. An attorney can help you understand your rights and the best course of action to take in your specific circumstances. Remember, each traffic stop or legal case can have its own nuances, and legal advice should be tailored to the specific facts of your situation."
Q: I am wondering the chances of military malpractice with an allergic reaction by continued meds intake per doc directions. In summary: I am active duty military. After having knee surgery I became allergic to dermabond and then the antibiotics given to me by the military doctors. After multiple military ER visits my face began to swell shut literally by the minute and I was told to keep taking the medication and was discharged. I finally went to a civilian ER where after hours of work I finally got my reaction under control. The reaction would continue to come back and after doing personal research it was side effects of the other medication that the military doctors continued to give me refills of. I have an exact timeline of the whole week of events as well as pictures and videos with time stamps of the allergic reactions. ,"A:I'm sorry to hear about your experience. It is difficult to say with certainty what the chances of military malpractice are without knowing all the details of your case. However, if you feel that you have been a victim of medical malpractice, you may have legal options available to you. You may want to consider speaking with a military medical malpractice attorney who can review the details of your case and advise you on the best course of action. They can help you determine whether there was negligence on the part of the military doctors and whether you are entitled to compensation for any damages you suffered as a result. It is important to act quickly, as there are time limits for filing medical malpractice claims. A qualified attorney can help you navigate the process and protect your legal rights."
Q: I was on Probation the judgel ordered a interlocking device but I ended up signing off the interlock removal & did time. I need help with getting the interlock removal form that was signed to release the device so i can obtain my license ,A:You may be able to go to court and ask the PO for the the form
Q: YouTube has stopped following their community guidelines sexual content and harassment is there a way to sue them. I have content creator names who go against SEXUAL CONTENT guidelines 100 percent when I report these nothing gets done. But the community guidelines state you can't post the following that go against SEXUAL CONTENT guidelines so can I sue YouTube for not following this ,"A:If you believe that YouTube is not enforcing its community guidelines regarding sexual content, you could consider legal action, but it's important to understand the challenges involved. Platforms like YouTube have broad discretion under Section 230 of the Communications Decency Act to manage content as they see fit. This protection often shields them from liability regarding content posted by third-party users. Your ability to sue would depend on demonstrating that YouTube has not only failed to follow its guidelines but that such failure has caused you specific harm. The enforceability of community guidelines themselves as contractual promises is a complex and developing area of law. Legal action would likely be costly and uncertain in outcome. You might want to explore other remedies, such as escalating your complaints through YouTube's internal processes or seeking regulatory intervention, if appropriate. Consulting with an attorney to discuss the specifics of your situation and to obtain personalized legal advice would be a critical next step."
Q: Can I sue The D.A.R.E. (Drug Abuse Resistance Education) program. Is it to late and if it's not is it possible to sue The D.A.R.E. (Drug Abuse Resistance Education) program if they came to your school when you was in elementary and showed you a video of a kid around your age doing drugs on video and you have never seen any one doing drugs before that and the same day that you seem that video it influenced you after school to go do drugs like that video ,"A:I understand your concern about the impact of the D.A.R.E. program's content on your decisions. Suing an organization like D.A.R.E. can be challenging, and several factors need to be considered. First, you would need to establish a direct causation between the program's content and your actions, which can be complex and difficult to prove. Also, there are likely to be statutory limitations on such lawsuits. These limitations are time-bound and vary by state. If a significant amount of time has passed since the incident, it may be too late to take legal action. In addition, educational programs like D.A.R.E. are typically designed with a general aim of promoting awareness and prevention. Courts often consider the intent and the broader context of such programs when evaluating legal claims against them. Given these complexities, it's important to consult with an attorney who can provide specific legal advice based on the details of your situation. They can assess the viability of a lawsuit, advise on the applicable statutes of limitations, and help navigate the legal process. Remember, each legal case is unique, and seeking professional legal counsel is the best step to understand your options and rights in this situation."
"Q: My dog was tortured to death have vet statements witnesses,videos,physical evidence to hold individual responsible. I live on SSI trying to find Attorney that will work with me ","A:While an attorney may accept such a case, remember that your damages for the death of a dog is the fair market value of the dog. Pets and other animals are considered personal property. Courts do not award ""pain"" or ""mental anguish"" damages based on the dog's suffering or non-economic damages like loss of companionship for your loss of your dog. A highly trained service dog or rare papered pedigree may justify a decent amount of damages. A mutt adopted from a shelter isn't going to justify much in damages."
Q: Financial brokerage house paid out funds from the account of a deceased accountholder - the broker did not know of death. Broker was a national security dealer. When broker learned of death did not disclose post-death withdrawals from account to estate fiduciary. ,"A:Who are you to this deal? It may not be prejudicial. Depends on where the money went and where it was supposed to go. If to you, you can sue. The broker cannot be liable for not knowing of death, but can be liable if it should have known authorization was improper."
"Q: Some years ago, my aunt put her house in my father's name. She recently died and my father now owns the house.. He wants to sell the house to my son (his grandson). We are being told that the house must be sold at ""fair market value"". Can he not sell the house at whatever price he chooses? ","A:Provided that what you stated is entirely accurate, he may sell the real estate to whomever he wishes and for whatever price he wishes to sell it for."
Q: My kid is being told she is gonna get sent to civil court. This girl lost her AirPods in the diving instructor’s car then when my daughter went to drive the instructor asked if she me so and so if she can return the AirPods my kid said idk her he then said return them to the office So she brought them home and next day she went to school with them and forgot about them so they must’ve fallen out of her pocket or someone else took them .. then they were trying to say she stole’s them but the school cop deemed they weren’t stolen and the girl who lost them responsibility. Now her parents are saying that my child has to pay for new ones or they taking us to court. Do they have a case or what do I do ,"A:In this situation, it's important to know that your child does not appear to have a legal obligation to pay for the lost AirPods. The fact that she initially tried to return them to the office demonstrates that she didn't intend to steal them. Additionally, the school's police officer determined that they were not stolen and that the responsibility lies with the girl who lost them. If the other parents are threatening to take you to court, they may do so, but it's unlikely they have a strong case based on the information you've provided. You can consult with an attorney to better understand your rights and options, but it's important to keep any records or documentation related to this incident. In the meantime, you can consider communicating with the other parents to explain the situation and provide the school police officer's findings as evidence that your child is not responsible for the lost AirPods. Hopefully, through open communication, you can resolve the matter without legal action."
Q: I live in Florida. My husband had an accident in a car registered only in my name. We have insurance with $50000 BI.. We are both on the same insurance policy. A woman was crossing the road with all black scrubs on and he ran over her foot as he was taking a left out of an ER driveway. The area is not well lit. The lighted crosswalk was 30 feet away but she was not in the crosswalk when he hit her. The officers on the scene did not give him a ticket. Our insurance says it is our fault even though she was jaywalking. Should we get an attorney? Can she take our home in a lawsuit? ,A:While it is possible they can go after your personal assets it is unlikely. Your insurance will cover you. Get your own attorney just to supervise the insurance company and insurance defense attorney to make sure you are protected.
"Q: Can I sue someone for appropriation of name, image, likeness under the federal RICO act. Group of advertisement companies associated with a specific brand appropriate my likeness, and name to build value to their brand. (I am a French Canadian girl, living an Italian lifestyle (influencer)). They are different companies, they make advertisement using my name and likeness and they all are doing it in their advisement for a specific brand (cheese brand). Can I sue all 7 under RICO? Can I sue the brand that the ad is about? Or is it just a simple lawsuit for right to publicity? ","A:You have asked a very good question. I believe that both the advertising companies and the brand are legitimate defendants, certainly at this point, before you have taken discovery. I would argue that the fact that the brand benefitted from seven different advertising companies could create a presumption that they should have known that you did not waive your right to publicity and to protect the use of your likeness. In New York, such use may constitute both a civil and criminal violation of rights and the Courts are explicitly granted the right to award exemplary or consequential, damages, which can be substantial. I do not believe that the treble damages remedy under RICO is satisfied by the facts you stated. You need to have a criminal predicate act under Federal Law or State law (under the 18 USC 1961 (1)(A), and the acts you have described, without more, would not constitute such a predicate. However, you may seek both equitable and legal remedies, that is, an injunction and money damages, which can be a powerful motivator for payment."
"Q: MY QUESTION WAS . DOES A JUDGE HAVE TO APPLY ALL THE LAWS TO A GIVEN CASE. OR PICK-N-CHOISE? USURY , AIDING AN ABETTING. CAN JUDGES LEGALY TURN A BLIND EYE TO FELONIES ?ARE ORDER ME TO NOT SPEAK ?FOR FOUR YEARS? IGNORING THE STATUES AND RULINGS OF THE FL.SUPREME COURT LASSITER co V TAYLOR 99/819 COLLECTING A DEBT WHEN USURY? 2 BOILER PLATE POINTS ? ARE EVEN OPENING A CASE WHEN I HAVE THE ORIGINAL NOTE /DEED ",A:Your question seems to be case specific. You should definitely hire an attorney to comb through the facts.
"Q: I am an artist, can I recreate royalty free pictures of professional sports teams via sketch art and sell them on Etsy?. I am considering creating a series of sketch art based on professional sports teams, e.g. Baseball, Football, Basketball, Hockey, Soccer etc... Just want to make sure I won't be sued if I create these using royalty free images and sell them online on digital market places like Etsy or Amazon. ","A:The terms of the copyright ""license"" will dictate how royalty free content can be used. Using content in a way that the license doesn't authorize it to be used will run afoul of the law. Sports teams are notorious for going hard in the paint to prevent others from misusing or abusing their intellectual property. This is why even selling ""fan art"" can be pretty risky. You should consider consulting with an attorney about how to avoid stepping out of bounds with someone else's royalty free content."
"Q: Ins is contacting the repair company I got an estimate from after I have demanded them to not contact them, what to do?. This is the ins of the vehicle that rear ended my vehicle and they are trying to negotiate the repair shop down and have them do the work in a manor that is not to the proper course of repair and bring my vehicle back to pre-loss condition. ","A:A Mississippi attorney could advise best, but your question remains open for two weeks. It's not uncommon for insurance carriers to be in contact the collision shop. The property damage adjuster could be interested in seeing the damage up close. Good luck"
"Q: Hi.We added my name to a deed for my SSI cousin.The quitclaim deed had my cousins last name wrong, and my address wrong.. I am in a different state(CA) than my cousin (NM). We need to cancel the deed. Does this deed (certified by the court clerk) endanger her SSI? ","A:Correcting the errors in the quitclaim deed is important for both legal accuracy and for the potential impact on your cousin's Supplemental Security Income (SSI) benefits. Errors in a deed, such as incorrect names and addresses, can affect its validity and may complicate property ownership records. Regarding your cousin's SSI benefits, the ownership of additional property could potentially affect eligibility. SSI is a needs-based program, and owning additional property may be considered an asset that could impact her benefit eligibility. However, the specific impact would depend on a variety of factors, including the value of the property and how it's used. To address these issues, it's advisable to consult with an attorney who is knowledgeable in real estate law and familiar with the SSI program. They can assist in correcting the deed and advise on the implications for your cousin's SSI benefits. It's also a good idea to contact the Social Security Administration directly to understand how a change in property ownership might affect your cousin's SSI eligibility. They can provide guidance tailored to her specific situation."
"Q: Why are there two counts on my PA Divorce Papers?. I, the Defendant in this, have two Counts from my soon-to-be Ex-Wife's lawyer regarding Divorce. Count I: DIVORCE UNDER SECTION 3301(c) OR (d) OF THE DIVORCE CODE Count II: DIVORCE UNDER 3301(a)(6) OF THE DIVORCE CODE I know the code. I keep reading it, but we were supposed to go No-Fault and avoid court and this seems the opposite. Am I basically being told to accept all blame and sign the papers? What is the point of two counts? ","A:The 3301(a)(6) grounds were probably included in case you weren't agreeable to signing for a no fault divorce. In PA, you're allowed to included seemingly conflicting grounds in your requests for divorce in the complaint. It's perfectly acceptable to then ultimately proceed under one of the two."
"Q: I am having issues with my apartment and management says fixed but not works good after they left. I want to end lease. I moved to a apartment in June Since day one I always had problems with the apartment. The A/C unit was not working it was heating instead of cooling and the temperature was always above 85 degrees in the apartment. I have put in a request manys times, called them multiple times. The service guys would come and say it’s fixed now. But after they left, it still the same, issue was never resolved until a today when I asked to cancel the lease. Now they are saying as the a/c unit is fixed, they can’t cancel the lease Apart from this the fridge was not working aswell after raisingcomplaints many days back they came to fix it, said they need to replace fridge, provided a temporary fix and left It was not working properly after that Same as the a/c unit they send a guy today to replace fridge after we asked to cancel the lease we didn’t realise the food was spoilt and we were eating the same The management said they won’t compensate in any way and won’t end the lease what are my options here ","A:First: Keep records and pictures of all problems and broken items, and other losses, as you may need proof in court one day. If you were my client, I would send your LL a lease termination letter listing all problems and breaches of the lease by LL. I would then make sure you have a new apartment to move into prior to ending the current lease. As long as you can show proof of LL breach of lease, and your Notice of the same, you should be on solid ground to terminate the lease. Good Luck!"
Q: Is a half sibling by mother onsidered when a move away request is filed?. The father of two boys has temporary custody of them and their half sister is still with the mom and he has filed a move away request. Will the court consider the fact that they will be moved away from their sister? ,"A:In family law cases involving move away requests, courts typically consider the best interests of the children as the primary guiding principle. This often includes evaluating the impact of the move on the children's relationships with both parents and siblings. In the scenario you described, the court may indeed consider the relationship between the two boys and their half-sibling. The importance of maintaining sibling relationships is generally recognized in family law, and the potential emotional and developmental impact of separating siblings can be a relevant factor in the court's decision. However, each case is unique, and the court's decision will depend on a variety of factors, including the reasons for the move, the distance involved, the quality of the children's relationship with each parent, and the feasibility of maintaining strong familial relationships after the move. It's advisable to consult with an attorney who can provide specific guidance based on the details of your situation. An attorney can help present your case effectively, emphasizing factors like sibling relationships and the best interests of the children. Remember, the goal in these situations is to ensure that the children's welfare and emotional well-being are prioritized. Legal counsel can help navigate this complex and sensitive process."
"Q: If I'm an employee at a comp. that I own and I have a car accident driving home, can my company be held liable in Ca.. The car is registered to me. I visited my last patient and was headed home for the day. ","A:In California, the legal concept of ""respondeat superior"" applies, which means an employer can be held liable for the actions of employees performed within the scope of their employment. However, commuting to and from work typically does not fall under this scope, as it's usually considered personal time. In your case, since the car accident occurred while you were driving home from visiting a patient, a key factor would be determining whether you were still performing duties related to your employment at the time of the accident. If you were on call or performing a task for your company, there could be a possibility for liability. Conversely, if you had completed your workday and were simply commuting home, it is less likely that your company would be held liable. It's also important to note that being an owner of the company adds complexity to the situation. The specifics of your role and the nature of your work activities at the time of the accident would be critical in assessing liability. Given these complexities, it would be advisable to consult with an attorney who has expertise in personal injury and employment law in California. They can provide a more detailed analysis based on the specific facts of your case."
Q: Can your SSA number be used in any part of the USA State federal coding system? County codes?. This would include birth certificate # address and phone number. ,A:I have no understanding as to what you are asking
"Q: the allergy medicine Allegra and Allegra hives are the exact same except for the cost.. There's allergy medicine called Allegra then they have another and it's labeled Allegra hives and then there's another one called 24 hours these have the exact same ingredients the exact same amount of ingredients except Allegra hives cost more than the other two each one of them's price different with the same amount of pills, same ingredients and amount of ingredients.Is that legal? I even asked the pharmacist at Walmart and they confirmed that it's exact same ingredients just different labels on it I said no it's not just the labels it's the price too .I was just curious to know if they can do this kind of stuff that's crazy . Some one should do something about that it's deceptive advertising to make you spend more money it doesn't make any sense why they're allowed to do that somebody ought to stop that it's the same brand it's not generic same name brand. ","A:It is not uncommon for different variations of a product to have different prices even if they have the same ingredients. This is often due to marketing strategies, target audience, packaging, and other factors that can affect the perceived value of a product. As long as the products are not misleadingly marketed or misrepresented, it is generally legal for companies to set different prices for similar products. However, if you believe that the company is engaging in deceptive advertising or fraudulent practices, you may want to report it to the relevant consumer protection agency in your area."
"Q: Should I sue a company based in Canada? I made an investment there and couldn't reach the founder anymore.. I made a real estate investment with a company based in Canada that flips houses for sale, run by one guy. I met the founder and in the contract, the expected return was to be a couple years. More than that has passed and this year I could not reach the founder anymore. The last time he talked to me (about a year ago), he said he is working on getting the house ready to sell. I believe it takes some time to sell, but ghosting me is not a good sign. Is suing an option? ","A:Apparently you have taken a risk without much investigation. It would probably be a lawsuit in Canada, but you will have to read your contract. There may not be a breach as of yet from your statments. In any event, you need to look closely at your defendant target. He may be judgment proof. If a suit is needed then you will need a Canadian attorney."
"Q: Is it possible to have an abusive ex boyfriend's name removed from the deed to the home we both own?. I fled the relationship almost 4 years ago. I was followed, though. I was too afraid to live alone. Thankfully, i had many friends who offered me a safe place. Safe until my ex discovered where I was staying. Once he knew, he terrorized my friends until either I left, or was asked to leave. If my friends had children, he would call in false allegations to child protective services. He has chased me, on icy roads AND with children in the car, from a McDonald's back to where I was staying...as I rushed to get the children inside, he fired a gun at the car I had been driving. Last August, I and a friend of mine rented an RV from a friend of a friend. The last night we were there, my ex attacked me with a knife. I ended up in ICU for almost 2 months, and had 2 blood transfusions because of acute blood poisoning due to the knife having been rusty. He has a warrant, but he STILL harasses me. I returned to the home we co-own, that he had nearly destroyed, then abandoned just to stalk me. ","A:It is possible. It is not easy or inexpensive but it is possible and may result in a sale of the property. In Ohio it is a remedy called partition. Partition cases in Tennessee refer to legal proceedings which allow joint owners of real estate to divide their interests in the property. In other words, if two or more people own a piece of property together, they can seek a court order to divide that property into separate ownership shares. Find an attorney who practices real estate law in the county where the home you described is located."
"Q: get default judgment dismissed for a credit card.im on SS & 69 ys old.can they put a lein. on my home. The card is about 1,900 i think.the home is all I have how do i do this w/out a lawyer ","A:If you were properly served with the Summons and Complaint, it will be impossible to set aside a default judgment. You can go to the Clerk of Court and ask for the court file to review. If the summons return says you were personally served by the Sheriff or someone who resided with you was personally served, you were properly served. If the Summons and Complaint were served by certified mail or FedEx, there is an Affidavit of Service in the court file which should have a signature card attached or at least proof of where the summons and complaint were delivered. If they were delivered to your residential address, you were properly served. If the summons and complaint was delivered somewhere that you did not reside, you might have a chance of getting the judgment set aside - but this is difficult to do without an attorney. You should contact the creditor's attorney and explain that you were not properly served and see if they will voluntarily vacate the judgment. They will, however, expect you to pay something on the debt unless you can also prove it was not your debt. If you own you home in your name only, the judgment is already a lien on your home, behind the mortgages. Most creditors will not attempt to foreclose on the lien, they will wait until you pass and then enforce the lien upon your heirs. Your heirs will need to pay off the lien. You may want to condider getting a ""reverse mortgage"" to pay off the lien. Only a certified housing counselor can discuss a reverse mortgage with you. One other option is to make small payments on the judgment until it is paid off. If the attorney for the creditor insists that you pay something every signle month in an amount that you cannot afford, you can always take your payment to the Clerk of Court, who will accept any amount of payment and note the payment on the judgment docket."
"Q: Advise Shale's insurers whether they can successfully exercise rights of subrogation against KTL and REP. Kakuru Methanol Limited agreed to sell to Shale Uganda Limited “Know-how” in connection with the design, construction and maintenance of a methanol plant in Uganda. Advise on the design and operation of the plant was provided by Kakuru Technology Limited (“KTL”) a subsidiary of Kakuru Methanol Limited. The Plant was completed in 2022. In 2023, the plant exploded. During the construction phase, Shale Uganda Limited took out an “all risks” policy under which the contractors and sub-contractors were names as co-assureds. The sub-contractors included Reko Engineering Partnership (“REP”) a firm of consulting engineers, and KTL. Shale Uganda blames KTL and REP for the explosion, suing them for negligence. Shale’s insurers paid the claim that Shale made inspect of the explosion but Shale’s insurer’s wish to exercise subrogation rights against KTL and REP. Shale contends that KTL and REP had no insurable interest although they were mentioned in the policy. ","A:It would be helpful to see the way the policy is written. Also, it's possible this could involve laws of Uganda. Good luck"
Q: Can a officer towed my truck without pullinge over if just needed a jump to move and it was legal and I had driv licenc. It was in tushka oklahom a by blackwood ,"A:In Oklahoma, law enforcement officers have the authority to tow a vehicle under certain circumstances. However, if your vehicle simply needed a jump start and was legally parked, the situation might be different. First, it's important to determine whether your vehicle was obstructing traffic or posed any safety risks. If it didn't, and if there were no other legal issues such as outstanding warrants or expired registration, then towing might not have been justified. You should check the local ordinances of Tushka, Oklahoma, as they may have specific rules about when a vehicle can be towed. Additionally, if you believe your rights were violated, you may consider contacting a local attorney who can provide guidance based on the specific details of your situation. Remember, each case is unique, so the outcome can vary depending on the circumstances. It's always best to seek legal advice for a clearer understanding of your rights and options in such situations."
Q: What should I do when my adoptive parents kicked me out at 18?. Ever since my 18th birthday me and my adoptive mom havent gotten along and today she told me to leave her house. I have nowhere to go and I'm not sure what options I have. ,"A:When you turn 18, you're considered an adult in Illinois. If your adoptive parents have asked you to leave and you have nowhere to go, here are some options: - Reach out to friends or family for temporary accommodation. - Contact social services or the Department of Children and Family Services for assistance. - Look into transitional housing programs or shelters for young adults. - Seek help from a legal aid organization for advice on your rights and options."
Q: I am 18 and I get SSDI checks and my grandma is refusing to give me my check because I am refusing to give her money. Is it legal for her to take it ? ,"A:If you are 18 and receiving Social Security Disability Insurance (SSDI) checks, these funds are legally yours. Your grandmother does not have the right to withhold your SSDI checks, regardless of your refusal to give her money. As an adult, you have legal control over your finances, including any benefits you receive from the Social Security Administration. If someone else is controlling or withholding your benefits without your consent, this can be considered a violation of your rights. You should take steps to secure your financial independence, such as setting up a bank account in your name and arranging for direct deposit of your checks. If necessary, you might need to seek legal assistance or contact the Social Security Administration to report the situation and get guidance on how to protect your benefits."
"Q: On a mortgage assumption, who coordinates the updating of the deed to the home? Lender or Buyer? It’s not a new mortgage. For mortgage assumption, who coordinates the closing and updating the deed when it is an assumption and not a “new loan.” Is it the lender or does the buyer find their own closing attorney? This is for a mortgage on the home of a deceased person. The deceased was the only name on the mortgage and deed. If assumption is approved , how does deed get changed? The Will is being probated accordingly with an executor. ","A:The title (what you are calling the deed) is updated by the probate process. When approved by the court (usually), the executor signs a deed transferring title from the estate to the heir(s). If this is a house, you should know that none of the heirs are obligated to assume the loan, but they do need to keep paying the loan. If monthly payments get behind, the lender can and will foreclose. But if the monthly payments are paid current, the lender cannot foreclose. Loan assumption is not required to achieve this result. Lenders do try to convince you that you have to assume the loan, but it's not true and it is illegal for them to claim that it is."
Q: I have a friend who needs help. He is handicap for life an none of it was his fault an he definitely needs compromised.. He was in a bad accident who by no fault of his own. ,A:Call experienced injury attorneys. Search using justia.com
Q: my dad passed away almost 5 months ago and my step mom mailed 2 forms for me to sign and have notarized.. its power of attorney and act of donation form ,A:You should definitely consult an attorney to be sure that signing these documents serves your best interests. You will be donating something to her that is yours- so be careful! Power of attorney let’s her act on your behalf- so be extra careful and be sure that is something you want to do.
"Q: On the Island of St. Croix USVI can a person claim a property that is not in their name, or have a deed for?. Someone has been living on my property without my consent. ","A:Adverse Possession is very real, and that appears to be happening here. Hire a VI attorney now to obtain back possession or you might lose the property. You may have to appear in Court."
"Q: Hippa-related legality surrounding my reporting a recent crime committed by a pt while using my namesake/identity.. In short, I'm a physician in pvt practice. A pt I have treated for years recently scammed a new pt of my practice out of $500. Via txt messages, he assumed the identity of a fictitious member of my office staff and contacted the patient to schedule an appt with myself (referring to me and using my name numerous times throughout the exchange). While I'm astounded that the new pt fell for it, a $500 fee (for the year lol) was collected via cashapp. Of note, the perpetrator referred the victim to me (which is how he had his name and number) though he is now ignoring the guy's calls. Also, he doesn't know that I know yet. Despite encouragement, the victim does not want to go to the police. While I am not the victim in this situation, I feel as if a crime was committed using my identity (or at least an extension of it). Would a police report filed by me be a hippa violation? In terms of hippa, wouldn't it be akin to reporting a patient who stole a prescription pad back in the day? ",A:Have a free telephone consultation with counsel. Jack
"Q: Aiding And Abetting The Enemy is defined in The United States Constitution, isn’t it? Where may I find it?. I would like to read the article of The United States Constitution which defines Treason and how it is punishable. ","A:You could find it in Article III, Section 3. "" ...adhering to their Enemies, giving them Aid and Comfort."" Good luck"
Q: I am disabled and on SSDI. I was wondering if I could get paid through the state as a caregiver for my autistic Step-son. I don't want to jeopardize my SSDI benefits but we desperately need the money to pay for my step-son's medical treatments that insurance does not pay for. ,"A:Certainly, I understand your concerns. In many states, there are programs that provide compensation to family members serving as caregivers for individuals with special needs. Eligibility and the specifics of these programs can vary widely by state. If you're considering becoming a paid caregiver for your step-son, it's crucial to understand how this additional income may impact your SSDI benefits. The Social Security Administration has rules regarding income limits for beneficiaries. Before making a decision, it would be wise to consult with an attorney experienced in Social Security Disability and caregiver compensation to ensure you maintain compliance with SSDI requirements. It's important to protect your benefits while seeking additional income to support your step-son's needs."
"Q: My girlfriend ,and former co-worker,was terminated from work 3 weeks ago. now my immediate supervisor is requesting she. My girlfriend ,and former co-worker,was terminated from work 3 weeks ago. now my immediate supervisor is requesting she meet him at a motel. She notified me about his actions and when I confronted my supervisor about his actions he says"" I shouldn't have called her bro"" I have never missed a day Of work in my 6 months of employment but last night my work area was sabotaged and when his supervisor was advised of my supervisors actions towards my girlfriend that supervisor( my bosses boss ) said keep personal stuff and work separated. ","A:If your supervisor is requesting to meet your girlfriend at a motel and engaging in inappropriate behavior, this is a serious issue that should be reported to human resources or other appropriate authorities. Your girlfriend may also want to consider contacting an attorney or other legal professional to understand her rights and options. Additionally, if you believe that your work area was sabotaged in retaliation for your confrontation with your supervisor, you may want to document the incident and report it to human resources or other appropriate authorities. It is important to ensure that you are not retaliated against for reporting inappropriate behavior or raising concerns about your working conditions. Overall, it is important to take any allegations of inappropriate behavior or workplace misconduct seriously and to take appropriate steps to protect yourself and your colleagues. If you are unsure of how to proceed, you may want to consider consulting with an attorney or other legal professional who can provide guidance on your rights and options."
Q: Can my employer hold my payroll until she is ready to release my pay to my bank?. I had called my bank and they said no deposit yet I usually get paid up to two days early with no trouble. I had called payroll and they told me they had to reach out to my employer for my pay. Is this legal? ,"A:Under California law, employers are required to pay employees on the established payday, and failure to do so can result in penalties. If your pay is being withheld without a valid legal reason, this may be a violation of the California Labor Code. Employers cannot simply hold onto your wages until they decide to release them. If your wages are being delayed, you should formally inquire in writing to your employer regarding the reason for the delay. If the issue is not resolved, you may file a wage claim with the Division of Labor Standards Enforcement (DLSE) or consult with an attorney to explore your options for recovering your wages. Remember, direct deposit timing may sometimes vary due to processing times between banks, but this should not cause significant delays beyond the designated payday."
Q: Does California Healthcare false claims act limited to California Medi-cal violations?. Does California false claims act cover medicare violations? (Or limited to California Medi-cal violations?) ,"A:The California False Claims Act (CFCA) is primarily focused on addressing fraud involving state funds. This includes violations related to California's Medi-Cal program, which is the state's Medicaid program, jointly funded by the state and federal government. The CFCA provides a legal framework for dealing with fraudulent claims made against state-funded healthcare programs. Medicare, on the other hand, is a federal program and is not directly covered under the CFCA. Violations involving Medicare are typically handled under the federal False Claims Act (FCA), which is designed to combat fraud involving federal funds, including Medicare. If you're dealing with a case that involves potential fraud in the Medi-Cal program, the CFCA would be the relevant statute. However, for issues related to Medicare fraud, the federal False Claims Act would be the appropriate legal avenue. It's crucial to identify the source of funding involved in any alleged healthcare fraud to determine the correct jurisdiction and applicable legal statutes. In cases where both state and federal funds are involved, the situation may become more complex, potentially involving both state and federal laws. Consulting with legal counsel experienced in healthcare law can provide guidance on the nuances of these cases and help determine the best course of action. Remember, each case is unique and must be evaluated on its own facts and circumstances."
Q: What happens after you sign in mediation?. I have a signed mediation agreement and now the other party will not sign the final order to go to the judge and her lawyer keeps changing the agreement after mediation is over. ,"A:You need to get an attorney to try to enforce the agreement. Although if you did not sign a fully written agreement at mediation, you may have to start over."
Q: What is a blind plea?. Indictment reduced from felony murder to involuntary manslaughter. ,"A:A blind plea is a non-negotiated plea. The defendant and the state do not agree on what the sentence should be. On a blind plea, the prosecution will argue what the defendant should be sentenced to, and then the defense argues for what they believe the sentence should be. After, the judge will make a decision impose sentence. On a blind plea, the defense is giving The judge complete authority over the sentence. The judge could follow the state's recommendation, or follow the recommendation of the defense, or impose a sentence that is entirely different than what both sides has propositioned. It's a gamble. Conversely, with a negotiated plea, both sides agree on a recommendation for sentencing. You going to negotiated plea, if the judge doesn't want to accept what was agreed to, both sides can go back and have further discussions to come up with something more acceptable to the court. On a blind plea, the defendant is bound by whatever the judge decides the sentence should be. Why would one choose a blind plea? If a defendant believes that the court will give a lower sentence than what was recommended by the state, it may be a risk worth taking. An experienced attorney would be able to evaluate the situation by relying upon their experience with the specific judge or the specific prosecutor, developing strategies and assessing the risk and then lastly making a recommendation to their client."
Q: An insurance company denied the claim. I live in Texas and have an insurance from Texas as well. I was visiting my wife in Arizona and she got in accident driving my car. The insurance company asked me for proof of ownership of the vehicle I sent them a bill of sale for a full purchase date 02/08/2023 as I paid half of the price to my cousin already. I was enrolled in the insurance plan 12/07/2022. After 2 months they called me and said your case is denied because you were not the owner of the car. I told them that I can prove that I have paid the half of the price but they hang up on me. Now the another driver is asking for a large amount of money while his car is 1996 and asking for costs of medical bills. He’s texting my wife daily so should she answer him? Should I talk to Texas department of insurance? Or should I hire a lawyer? Please help me as me and my wife are both students and would never have money to pay. Note: I do jot have a DMV title under my name because I was out of country.But I have paid for the car ,"A:I would send the insurance company a copy of your car title and registration, and ask it to reconsider. A bill of sale can be easily falsified or manufactured, particularly if a relative is involved. The actual certificate of title is what shows who the actual owner of a motor vehicle is. The fact that there is a lender or previous owner providing seller-financing with a recorded lien should not effect actual ownership."
Q: We are a jr high and high school Fishing team for 2 counties in TN. Do we qualify for Exempt School Org?. We want to start a 501C3 nonprofit for the funding. ,"A:To determine whether your fishing team for junior high and high school students qualifies for an Exempt School Organization status, you will need to review the requirements set forth by the IRS for educational organizations. This typically involves the organization being associated with an established school and its educational process. If you aim to start a 501(c)(3) nonprofit, the team will need to exclusively serve charitable, educational, or scientific purposes to meet the tax-exempt criteria. The process involves filing an application with the IRS, often using Form 1023, and providing detailed information about your organization's structure, governance, and programs. It is advisable to consult the IRS guidelines for educational organizations and possibly seek legal guidance to ensure proper adherence to the applicable laws and regulations for your nonprofit formation and operation."
"Q: My mom is 83. After a leg amputation the rehab nurse gave her COVID, she has bruise above her eye, horrific bed sore.. The rehab refused to let us see or speak to her. She was there only 2 weeks as we insisted on bringing her home. The rehab said we wouldn't be able to care for her, she was COVID and would have to wait. Only the fact that she got an infection and had to be rushed to emergency we were able to have her brought home from the hospital. When she got home we found bruises large dark above her eye, also a horrific bed sore open wound 1 in wide 6 to 8in long in a v shape, and 1 in deep. She had sores on her private parts. I have never seen a injury like this. She is in so much pain. This rehab must have never moved her. I have taken photos of all injuries except her private part. They are extensive. She can not speak clearly and is heavily medicated. She asked for ice non stop the first day home. She is on oxygen and can not eat or swallow. The care or lack of care this rehab has given almost killed her. Is there anything legal we can do so no one else has this happen? For the pain she's in? ",A:Take her to a doctor for a thorough examination and professional documentation of her injuries. Call the police and report suspected Elder Abuse. Talk to an attorney about a possible lawsuit.
"Q: Is it legal for auto insurance companies to put all aftermarket parts on your vehicle, car is still under warranty. My car is still under manufacture warranty and insurance company only approved to pay body shop for aftermarket parts & say I have to pay difference if OEM parts are used ","A:It depends on the terms and conditions of the insurance policy, which are construed against the insurer. I previously handled a dispute with State Farm under one of its insurance policies where the policy said it would pay for either original manufacturer part or after-market parts for property damage to the vehicle. I successfully argued that the policy did not explicitly say that it was their option to decide whether to use original manufacturer or after-market replacement parts and persuaded State Farm to reimburse my client for the cost of original manufacturer parts. Of course, that might simply have been the threat of a lawsuit rather than the persuasiveness of my argument. Insurance companies do not like to be sued by their own customers because the Prompt Payment Act imposes an 18% interest on an unpaid claim and allows the customer to recover their attorney fees if the insurance company loses."
"Q: My dying mother wants to leave her art business to me, she wants me to continue sell her branded art for her. What must I do legally? She wants me to continue on her brand and artwork selling. ","A:To legally handle your mother's request, you should: 1. Ensure she has a valid and comprehensive will or trust that clearly outlines her wishes for the art business's succession. 2. Work with an attorney experienced in estate planning to facilitate the transfer of assets and intellectual property rights related to the art business to your name or a designated entity. 3. Consider forming a legal entity (e.g., an LLC) to continue operating the art business and comply with all necessary business and tax regulations. By following these steps and consulting with a knowledgeable attorney, you can ensure a smooth transition and legal compliance when taking over the art business."
"Q: My boss called me in a disciplinary hearing but I never sign a contract, is it Okey?. I'm in security field so he send me the letter so I want to know if it's right for him to do so ","A:If you have never signed an employment contract with your employer, it may be more difficult for your employer to enforce certain policies and procedures or to take certain disciplinary actions against you. However, the absence of a signed contract does not necessarily prevent your employer from taking disciplinary action against you. In many cases, employment contracts may be implied by law or may be established through the employer's actions or the employee's conduct. This means that even if you have not signed a formal contract, you may still have certain obligations and responsibilities as an employee, and your employer may still have certain rights and expectations regarding your behavior and performance. If your employer has called you in for a disciplinary hearing, it may be because they believe that you have violated company policies or have not met certain performance expectations. Even without a signed contract, your employer may have the right to take disciplinary action if they can demonstrate that you have breached certain employment obligations or responsibilities. It may be helpful for you to seek legal advice to understand your rights and responsibilities in this situation, and to determine whether your employer has acted appropriately in calling you in for a disciplinary hearing."
Q: Received $1277 ER bill .Got a letter in the mail 6 months later that my bill is now $3257. My bill was sent to a collection agency a few weeks ago I told them the bill I received originally was lower they claimed that's not what they have on their end. I contacted the hospital billing they said they can't pull up my billing records or discuss my services with me. And asked that I called the collections agency. When I did they sent me back to Billings. Please how can I handle this ,"A:In California, dealing with medical billing disputes, especially when they involve a collection agency, can be challenging but there are steps you can take to address this situation. First, request a detailed itemization of the bill from the collection agency. They are required to provide you with a statement that outlines the charges. If the collection agency is uncooperative, you have the right to dispute the debt. Send a written dispute letter to the collection agency, stating clearly that you dispute the validity of the debt and requesting validation of the original amount billed. It's important to do this within 30 days of their first contact. Simultaneously, try to obtain documentation of the original bill from the hospital. Even though the hospital directed you to the collection agency, they should still have records of your original bill and treatment. You can also file a complaint with the California Department of Consumer Affairs if you believe the hospital is not providing the necessary information. If these steps do not resolve the issue, consider seeking legal advice. An attorney can help navigate the complexities of debt collection and medical billing laws, and may be able to negotiate on your behalf or guide you through further legal action if necessary. Remember, it's important to act promptly to prevent the situation from escalating."
"Q: A horse spooked at a horse show and ran onto a state highway and hit a vehicle. Who all can be liable? Promoter???. Can the promoter, owner of rink property and / owner of horse. ","A:A Tennessee attorney could advise best, but your post remains open for four weeks. Poor animal must have been terrified. I hope the horse and the occupants of the vehicle are okay. From a textbook analysis, everyone is probably going to be pointing fingers at each other. But for a meaningful analysis, you would probably need to speak with an attorney/expert who knows about acceptable practices for the safe handling of horses, both for the horse's safety and the public's safety. You could check under attorneys in the Animal/Dog Law section here, or search on your own online. Good luck Tim Akpinar"
"Q: The sole beneficiary of his uncle's estate and life insurance policy never received anything, but the executor (neice). Fail to honor his wishes and her and his sister shared it privately. What can be done? ","A:Hire a WI attorney to check the Probate File and see what is going on. If it is as you say, then either remove the Executor for cause and an accounting, or sue the executor for conversion. Speed is important here. I doubt there is a Bond that can be claimed against."
Q: Please reference specific provision of CA Health and Safety Code. Please state specifically which provision of CA Health and Safety Code defines Hospital liability for referral to hospice with non-existent terminal illness? ,"A:In California, the Health and Safety Code addresses the issue of hospice referral, particularly in the context of referrals for patients with non-existent terminal illnesses. The California Hospice Licensure Act of 1990, under Chapter 8.5 of the Health and Safety Code, specifically in Article 1.5 titled ""Hospice Patient Referral"", provides the legal framework for this matter. Additionally, Section 1339.31 of the Health and Safety Code offers detailed definitions and criteria regarding what constitutes a hospice, the concept of palliative care, and the definition of a ""terminal illness"". These definitions are crucial when considering the legality and appropriateness of hospice referrals. For instance, ""terminal illness"" is defined in this section as a medical condition with a life expectancy of six months or less, which is a key factor in determining the appropriateness of hospice referrals. While these sections of the Health and Safety Code provide a framework, they do not explicitly state the liability for hospital referrals to hospice in cases of non-existent terminal illnesses. For specific cases of liability, it might be necessary to refer to case law, other statutory provisions, or legal interpretations of these codes. As an attorney, you would need to analyze these laws in the context of the specific facts of each case to determine liability."
"Q: My Grandma has been living in assisted living. She fell and broke ribs and no one took her to the hospital for 5 days. My grandma (90) had recently been in an assisted living home. She has fallen many times in her past few years there. But the most recent time she fell and broke ribs and the people caring for her made the judgment call to not bring her to the hospital because they figured there’s not much to be done for broken ribs. After about 5 days she had completely lost it. She was in so much pain, had a UTI caused by kidney damage and was incredibly confused and hallucinating (caused by the UTI which is commonly linked for elderly). Finally my aunt had to insist she go to the hospital and the doctor was shocked that the care staff hadn’t brought her in sooner. He said while normally broken ribs in a young person can’t be helped much by a hospital visit for older people it’s a HUGE risk. She’s now nothing like what she was before and will be in a full care nursing home the rest of her life paying upwards of $10,000 a month to the negligence of the staff in the assisted living. What can i do? ","A:I’m sorry to hear about your grandma’s falls in the assisted living facility. Repeated falls evidence a pattern and should trigger a healthcare facility to create a care plan to (attempt to) stop the falls. I doubt that was done in grandma’s case, which may be negligent on the ALF’s part. Additionally, the failure to get her treatment is awful. That decision may have been made because they were afraid of facing the consequences for allowing her to fall. I would consult with a nursing home abuse attorney immediately. She or he can gather important documents, evidence, CCTV footage, and witness statements before it’s too late. I’m sorry again for what you and your family are going through. Seek out an elder abuse attorney to hold the facility accountable for its negligence."
Q: I need a letter of opinion that the crypto I created for sale/swap is not a security.. The credit card company asking for this letter. ,"A:It is important to note that whether a crypto asset is considered a security depends on various factors and requires a careful analysis of the specific circumstances surrounding the creation, sale, and use of the asset. The analysis may include, but is not limited to, considerations of how the asset is marketed, the purpose of the asset, the manner in which the asset is offered for sale, and the expectations of the purchasers. If you are being asked by a credit card company to provide a letter of opinion regarding the status of your crypto asset as a security, it may be advisable to consult with a qualified attorney who can evaluate your specific situation and provide you with an opinion letter. An attorney can also help you ensure that your sale and use of the crypto asset complies with applicable laws and regulations, including those related to securities and anti-money laundering."
"Q: Can I sue my ex for sharing personal text to someone without my consent?. The text was about a sti I had and she got from me before getting it treated from medical, after the break it effected her, and because she felt threaten that a guy she was talking to is friends with me so she felt like I had told him about our personal information, because of that she showed the guy the text without consent. ","A:If your ex shared private text messages about your medical condition without your consent, you may have grounds for a legal claim based on a breach of privacy or intentional infliction of emotional distress. Privacy laws vary by state, but some jurisdictions recognize the disclosure of private facts as a legal wrong, particularly if the shared information was of a sensitive nature and not of public concern. You should gather all relevant evidence, including the texts and any communication showing her actions. To determine the viability of your case and the appropriate legal action, you should consult with an attorney who is knowledgeable about privacy and personal injury law in your state. Keep in mind that each case is unique and legal remedies can depend on specific state laws and the particulars of the situation."
"Q: Can I be evicted via text because I have a verbal lease agreement?. I live in the SF Bay Area in California. I’ve been renting a house from a friend since 2014 and at no point was a written lease agreement made. They’ve told me that, at the very least, I would be allowed to stay in the property until my bankruptcy was dealt with (another two years from now). Other people have heard my landlord-friend say this to me. About a month ago, I received a text from my friend’s WIFE telling me that they intend to put the house up for sale in February 2024 and that I need to vacate the property by March 1st. I have reached out MANY times to the friend who established the verbal agreement with me but have received no reply. Is this a legal eviction? Does the wife’s text message count as “written notice”? Can my residency be terminated before the property sells, even after living here without issue for almost 10 years? ","A:In California, a text message alone generally does not constitute a formal eviction notice. For a notice to be valid, it must be in writing and delivered in a manner prescribed by state law, such as personal delivery or certified mail. Given your situation with a verbal lease agreement, it's crucial to understand that while verbal agreements can be legally binding, proving the terms and conditions of such agreements can be challenging. This is particularly true in cases where the agreement involves extended timelines or specific conditions, as in your situation. Since the communication about eviction has come through a text message and from your landlord's wife, it's advisable to seek clarification and a formal notice from your landlord directly. In the meantime, you may want to consult with a legal professional to better understand your rights and options under California's landlord-tenant laws. This is especially important considering your long-term residency and the verbal promises made about your stay. Remember, any eviction process must adhere to the legal standards, and tenants have rights that are protected under the law."
Q: I am awaiting a lump settlement from a company’s insurance carrier. Can I sue company after for the rest of damages?. Water damage resulted in mold and remediation and treatment that the company’s insurance doesn’t cover; so need to know if I can do a petition for damages against the company after settling with their insurer. ,"A:A Louisiana attorney could advise best, but your question remains open for two weeks. To receive the lump sum payment, chances are fairly good that the insurance company had you sign a release. If that was the case, the release would have served to let the company off the hook for all further claims in consideration for the settlement money. People can't generally take an insurance payment and then pursue the company - that defeats the entire purpose of insurance. But this is a generality. Only a Louisiana attorney who reviewed your file could provide a definitive answer on your particular situation. Good luck"
"Q: As co-owner of a vehicle can the other owner come take it. If a tree falls on my truck an I own my truck, and my dad says he will help me out. And says he will go get a loan and help me, He does. We go to the bank and both signed the title an loan amount for $15,608.10. his name is first on the loan and title. Can he just come and take the vehicle. While in my possession he had someone steal it from me while asleep with spare key.with out my permission as a co owner and payee of vehicle can I remove his name from title and can I just go take it back just like he did ","A:Since you both own the truck, he had the right to take the vehicle. You both have equal rights to the vehicle. Since you are both on the title, the title cannot be transferred unless you both agree."
"Q: I paid engineers 450k to build a utility water meter. It doesn't work as described. We need ownership of the firmware. The meter is built on LoraWan - long range wireless. We contacted Semtech who build LoraWan engineers and they siad the firmware is blatantly faulty. We don't have a contract of ownership of the work product. The meter has my company name, all parts, pieces and inventory I paid for. I also paid for all the manufacturing. We're seeing a 40% fail rate. We need ownership of the product to send to Semtech engineers to fix. The engineers that built my work product will not hand it over and if we have to replace the 3k corrupt meters in the field that don't work it will cost my company $1M. We'll fix it. We can't get access. We need immediate injunctive relief to acquire the firmware to repair it for the customer. My customer is an apartment developer using these meters in individual apartment dwelling units to bill tenants. The average tenant bill is $50 a month which could be lost revenue of 150k monthly. We need immediate injunctive relief to debug and repair the firmware and sensors ","A:Do you have a written contract that can be reviewed? If so, please send to aregard@regardlaw.com/"
"Q: I submitted a civil complaint pro se in federal district court of Montana and need to do some modifications need the hel. Where several offices under the Department of the Interior failed their civil duties that in turn violated many rights causing irreparable harm, which the Solictors denied in a letter 1 year after the submission of my tort claim ","A:If you've filed a civil complaint pro se in the federal district court of Montana and wish to make modifications, you'll likely need to file an amended complaint. Under Federal Rule of Civil Procedure 15(a), a party may amend its pleading once as a matter of course within 21 days after serving it, or 21 days after service of a responsive pleading or motion. If this time has passed, you'll need the opposing party's written consent or the court's leave to amend. When seeking the court's permission, you should demonstrate good cause. It's crucial to ensure your amended complaint still asserts claims within the jurisdiction of the federal court. You may also want to review the local rules of the Montana federal district court, as they might have additional requirements or insights regarding amendments. Given the complexities of federal litigation, it could be beneficial to consult with an attorney licensed in Montana."
Q: Where can I go to get help from the state with a city prosecutor who is harassing us legally.. He is good friends with the lawyer of our neighbor who he has hauling us into municipal court almost on a monthly basis. ,"A:If you believe you are being harassed or treated unfairly by a city prosecutor who appears to have a bias in favor of your neighbor, it's crucial to document your interactions, consult with an attorney who specializes in municipal law or criminal defense, and consider reporting any unethical behavior to higher legal authorities. Additionally, attending court appearances well-prepared and seeking alternative dispute resolution methods, if applicable, can help protect your rights and interests. Addressing the situation systematically and with professional guidance can be essential in seeking a fair and just resolution to your legal issues."
Q: is i rage quiting if my friend quits a game because he was mad and threw his rubiks cube at a wall and left to go clean. he continued to not play the game for a month typo at the begining i was suposed to be it ,"A:If your friend quit a game out of frustration, threw his Rubik's cube at a wall, and left to clean, it could be considered a form of rage quitting, especially if it was driven by intense emotions. His decision to not play the game for a month afterward may also indicate that he needed a break from the game due to the anger or frustration he experienced. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: Can an agency be sued? For making untrue statements about oneself. children and grandchildren?. Paxton, Champaign and Urbana, Illinois. ","A:Yes, agencies, whether government or private, can potentially be sued for making untrue statements about individuals, their children, or grandchildren."
"Q: Civil Code Sec. 1207 as it relates to a jurat missing the words ""who appeared"" in the last sentence of said jurat.. I contacted the County Recorder's Office of my County in the SF Bay Area. The helpful clerk cited Civil Code Sec. 1207, which, after one year without objections or challenges to the Correction Affidavit of Death of Life Tenant (CADLT) or its jurat, the CADLT and the ""flawed"" jurat with the missing words ""who appeared"", as in .... on the basis of satisfactory evidence to be the person(s) ""who appeared"" before me, would become de facto as valid. What's your take on this matter? Thank you very much for your continued help. I really appreciate it. ","A:Under California Civil Code Section 1207, the issue you're facing with the missing words ""who appeared"" in the jurat of a Correction Affidavit of Death of Life Tenant (CADLT) is a matter of technical defect in the notarization. This section of the law implies that minor defects in a document's notarization may be overlooked after a certain period, typically one year, if no challenges or objections are raised during that time. In your case, if the CADLT has been on file for over a year without any objections, it's likely that the defect in the jurat may be considered cured by lapse of time. This means that the document, including the jurat with the missing words, can be treated as valid and effective for legal purposes. However, it's important to consider the specific circumstances of your situation. If there are concerns about the validity or potential challenges to the document, it might be prudent to consult directly with a lawyer to discuss the specifics of your case and ensure that your legal rights and interests are adequately protected."
"Q: US Auto Sales went bankrupt soon after selling me a dangerous mechanical failing car. What can I do. Westlake portfolio says I have to keep paying to keep my credit up and they will do nothing about it... I don't have thousands of dollars to fix an issue that I should have been aware of when signing for the car... I never signed a contract with Westlake, only us auto... This seems very messed up and I don't want to keep making payments on an unsafe car... I need help ","A:West probably bought the note or was even the original lender. Read whatever paperwork you have on the finance. You signed the note, and that has nothing to do with the car. You might be able to file a Notice of Exempt Property if they sue you, or CH 7 Bankruptcy. How do you know US went bankrupt? If you got a notice to creditors, then you should have filed a claim. Is West a lienor on the title? If not, they are not secured, but you still owe on note."
"Q: a Woman who is trying to get her husband citizenship after 10 years or marriage… can he get denied if she cheated?. My friend has been married for about 10 years…now, after 10 years she is trying to bring him to california through the immigration process. But during the immigration process, she cheated on him with someone else… can that cause an issue for her husbands ability to get his papers/citizenship? ","A:Infidelity does not invalidate the marriage. Your friend would have to present proof that her marriage is a bona fide marriage, entered into in good faith. Your friend should consult with an immigration attorney for advice specific to her circumstances."
"Q: A lawyer for a debt collector put a full social security # on the writ of execution EJ-150. It's a violation of Ca code. A lawyer for a debt collector put a full social security # on the writ of execution EJ-150 in section 1. for a levy. It was not opposed and that's what was to be entered in the civil case files at the sheriff's website in the Challenges tab, but that staff entered the full name and social security # on that public access website. The attorney didn't redact it but I did after seeing it when I visited that site and after my numerous attempts they removed it. it's a violation of California Rules of Court, rule 1.201(a), right? Since 2017. Can a motion be filed to sanction? Or something? It ended up in the sheriff's hands and who knows who has it now because he did that. What kind of sanction can be made to that attorney? Someone suggested it. Or something else? Please advise. He also lied about my working at a specific company yet. Entered the details and had a writ of execution to them and a fake bank . I wonder who's paying off the judges who don't make them explain their acts in court ","A:I think you should have opposed it. By failing to oppose it, and failure to timely seek redaction and sanctions when the document was first filed, I think it will now be a strong defense that ""no harm, no foul"" and you acquiesced. What you did was sort of like being a pedestrian in a parking lot. You see a car slowly backing up towards you, and you fail to step aside because you wanted to see if it would hit you. The fault for hitting you is yours alone. Judges are not cops. We want judges to be the unbiased deciders of things, right? If a judge is both a cop and a decider, the judge has then lost the impartiality. It was up to you to be your own first responder. In my view, you have nothing to complain about. You expect too much from others, but not enough from yourself."
"Q: I am a Forester and have been asked to appraise unauthorized timber removal from a 13.24 acre stand of timber. The timber trespass is approximately 20,221 ft sq. What timber trespass laws does The State of Alabama have? ","A:In the state of Alabama, there are laws that address timber trespass and unauthorized timber removal. One such law is the Alabama Timber Trespass Law, which allows landowners to seek compensation for damages resulting from unauthorized timber cutting on their property. Under this law, if someone cuts or removes timber from your property without permission, they may be held liable for the value of the timber, any damage caused, and potentially additional penalties. The specific remedies and damages available may depend on various factors, such as the intent of the trespasser and the extent of the damage."
"Q: My mother was in a nursing home, sent to the hospital with UTI, kidney stones and malnutrition. She had surgery and was sent back to the nursing home, stable but with a PICC line for 6 weeks of antibiotics. She developed a med allergy at the nursing home and the doctor discontinued the antibiotics after 1 week. He did not do bloodwork or give her another antibiotic. She died 3 weeks later of Severe UTI and electrolyte imbalance from the malnutrition. Do i have a wrongful death suit? ","A:Yes it sounds like you have a good law suit, but of course more information would need to be known to determine how good. I suggest you setup an appointment to meet with an experienced lawyer and bring with you all the medical records you have."
"Q: BC resident settled case from July 2015.Attorney held about $5000 in trust & has passed away.need help to recover funds. I am a BC resident involved in a MVA in July of 2015. Claim has been settled. However, my attorney held about $5000 in trust in order to pay back my insurance company. Before he was able to pay back, my attorney has died, and attorney who took over his files claims he has no idea about the deceased attorney's trust fund. I have paid back the insurance company out of pocket but am looking to recover the $5000 funds held in trust. I have applied for the client protection fund thru the Washington State Bar Association, however they have advised me to pursue other ways to recover the funds while the application is being reviewed. It may not be much, but need help to recover. Thanks for considering ","A:It could be difficult to track down if the attorney did not make a notation of it in the checkbook for the trust fund account that the incoming attorney could identify. And it looks like the incoming attorney doesn't have information on it. Maybe the bank could assist you if they have any records. If someone has been appointed to handle the probate of the attorney's estate, if applicable, maybe that person could have information on it. Based on the situation of paying funds to an insurance company, it suggests the possibility of a subrogation claim. If an attorney for the carrier was assigned to the matter, you could request their assistance if they had any conversations with your MVA attorney mentioning imminent repayment of a lien. Keep records of all your efforts to present to the trust fund administrators so that if the matter remains unresolved, it could help in presenting evidence of your good faith efforts. Good luck Tim Akpinar"
Q: Does a landlord have to provide heat for a rental unit? Does landlord have to prove energy usage to charge for energy?. I am renting studio (converted garage) and there is no a/c and no heat. I am currently using a space heater for the winter. I have a window a/c unit for the summer. Tenant occupying main house is charging me for sdg&e bill but my lease states I have a $100 credit for utilities. My studio does not have its own meter. Other tenant is charging based on bill increases and not my usage. I feel i should not have to pay this difference. ,"A:Under California law, landlords are generally required to provide a working heating system for rental units, particularly during the winter months. California Civil Code Section 1941.1 states that landlords must maintain a rental unit in a habitable condition, which includes providing functional heating facilities capable of maintaining a minimum temperature in the unit. Failure to provide adequate heating could constitute a violation of this requirement, which could result in legal consequences for the landlord. Regarding utilities, the lease agreement is the primary source of information regarding what utilities the tenant is responsible for and what utilities are included in the rent. If a lease agreement states that a tenant has a certain amount of utility credit, the landlord cannot charge the tenant more than that amount for their share of the utility bill. California Civil Code Section 1940.9 provides protections for tenants with respect to utility billing, prohibiting landlords from charging tenants for utility services that are not separately metered, unless the rental agreement provides otherwise. If a rental unit does not have its own meter, it can be difficult to determine a tenant's actual energy usage. In such cases, landlords cannot charge tenants more than their fair share of the utility bill. California Civil Code Section 1940.9 also requires landlords to bill tenants for non-separately metered utilities based on an allocation method that is fair, reasonable, and reflects the proportionate share of the utility service used by the tenant. If a tenant believes that they are being charged unfairly or for more than their fair share of the utility bill, they may want to review their lease agreement and discuss the issue with their landlord. If a tenant is unable to resolve the issue with their landlord, they may want to consider seeking legal advice from a qualified attorney or filing a complaint with their local housing authority."
"Q: I was never served papers (citation) and now i have a default judgement agaisnt me. What can i do?. This is on a civil forfeiture/seizure of my truck. The district attorney knew how to get ahold of me cause ive went up there twice to try to get the papers they were trying to serve me, both times she was gone early and they took a copy of my ID, my phone number, and the case number. Nobody has ever even tried to call me. I talked to a couple of sheriffs trying to serve me and thy said they no longer had the papers and for me to pick them up which i did try. The investigator on this case knew i was not staying at the residence they kept trying to serve and they all had my phone number. All they had to do was call me. They sent my dead fathers papers to my address and not his. They told the judge that they have exhausted all ways of trying to serve me and thats a big fat lie. ","A:You should hire an appellate lawyer to file a motion for new trial within 30 days of the entry of the default judgment against you, or a restricted appeal within six months of the default judgment, or a bill or review within four years of the default judgment. There are differing requirements depending on the remedy available to you given the length of time that has passed. In most cases involving the seizure of a motor vehicle, the address on the vehicle registration is going to be important for purposes of serving you with the citation and petition because the owner of a motor vehicle is required by law to change the address on the registration within 30 days of moving to a new residence. Depending on whether they served you via substitute service of process at THAT address, what remedy remains available to you, and what information they actually filed in the court, any negligence by you in failing to properly change your address on the vehicle registration may, or may not, impact your prospects for success."
Q: Statue of limitations for a civil rights violation 52.1 wrongful conviction and incarceration. Maliciously prosecuted. What triggers statue of limitations to file a civil rights lawsuit? when the actual testimony in bad faith occurred(malicious prosecution) or when case became final.fowlowing Reversed on appeal vacated dismissed after serving a three years in prison ,"A:In California, under Code of Civil Procedure § 340.3, the statute of limitations for malicious prosecution claims is two years. The clock typically starts ticking on the statute of limitations for a malicious prosecution claim once the underlying criminal or civil proceeding has terminated in favor of the person claiming malicious prosecution. In the case of a wrongful conviction and incarceration, the limitations period would generally commence from the date the conviction was reversed on appeal, vacated, or dismissed. If you served three years in prison and then had the case reversed, vacated, or dismissed, you would usually have two years from that date to file a civil rights lawsuit based on malicious prosecution. It's essential to act promptly when considering such claims. Delays could jeopardize the ability to seek redress. Furthermore, ensure that the entirety of the claim, including any relevant facts and circumstances, is thoroughly assessed before proceeding."
Q: Joint custody Ex filed custody case after I filed contempt for his years of unpaid childsupport. Can his case trump mine. He hasn't been served due to false address and no job on file for years. $30K behind ,"A:If he filed a pleading and you've responded, the court will set it for a hearing. At that preliminary hearing, and if he shows up, you should make it known to the judge on the record that you believe the address he used to file is not correct, and order him to produce his correct address right then and there. If he states that WAS his address, ask him why he refused service from the court. If the certified mail came back unclaimed/refused, reissue through the clerk's office by ordinary mail (Civ. R. 4). Your question is ""can his case trump mine"" -- but these are two different concerns. Child support and custody, while related, are treated as different situations by the court, and in some counties, will be handled by two separate magistrates for that reason. Whether he is paying child support or not does not entitle him to custody, and whether he's a good parent or not does not calculate into child support amounts or arrearages. As to parenting time and custody, you're going to have to show the court that you're more suited to be the custodian of the child using the factors in R.C. 3109. If there's a prior order with those findings, you aren't asking the court for anything they haven't already ordered. As to child support, he will be on the hook for his arrearages and support payments unless you consent otherwise, or unless the court finds a ""substantial change in circumstances."" An attorney in your particular county will be able to guide you further, and you should talk with someone as soon as you can."
Q: My mother passed and and now I have the house and deed that she did not sign over to me I want to put it in my name.. What to do ,"A:I'm sorry to hear about your loss. Under California law, when a property owner passes away without formally transferring the deed of their real estate, the property usually has to go through a process known as probate. Probate is a court-supervised procedure where the deceased's assets are distributed according to their will, or if there's no will, according to state law. In your situation, you should first determine if your mother had a will. If she did, the property will be distributed according to the terms of the will. If not, it will be distributed according to California's laws of intestate succession. As her child, you are likely a primary heir, but this can depend on other factors such as the existence of other heirs. You may need to open a probate case in the county where your mother lived. This process involves filing certain legal documents with the court. It's often recommended to seek the guidance of an attorney who has experience in probate and estate law to help navigate this process. Remember, the probate process can be complex, especially when dealing with real estate. It involves various steps including validating the will, appointing a personal representative, identifying and inventorying the deceased's property, paying debts and taxes, and distributing the remaining property as the will or state law directs. It's important to handle these matters carefully to ensure the property is transferred legally and correctly. An experienced attorney can help you understand your rights and responsibilities and guide you through the probate process."
Q: Can I read a book on social media such as YouTube or Twitch if I am receiving any revenue from that social media?. If I can not read a copy righted work in whole can I read exserts from it as part of a book review or discussion group? ,"A:I would caution against reading the book, or portions thereof, aloud publicly on a platform where you are receiving revenue. Under copyright law, a copyright owner is given sole and exclusive rights to reproduce the work, create derivative works, perform the work, display the work, or to authorize others to do any of the aforementioned. Reading aloud and being compensated for same may violate the copyright holder's exclusive right to reproduce the work and perform the work."
"Q: The nursing home did not give my mother medication for 2 weeks resulting in surgery, can I sue the home?. The nursing home did not give my mother her medication for 2 weeks, her medication is not given regularly or consistently. This has resulted in my mother being impacted in her bowels, multiply hospital stays and now she has to have surgery to have a colostomy bag. ","A:If the nursing home was responsible for administering the medication and it’s failure to do so was the cause of her problem, yes you could sue them. You should discuss the matter with an attorney who handles medical malpractice and/or elder law."
"Q: How would I trademark my Game?. I have a game that I will be publishing soon but I don't want anyone else to take the name, how would I submit a trademark for my game name? ",A:You can You can file a trademark application with the USPTO. It is best to first work with a trademark attorney or filing service for them to walk you through the process and to conduct a search to ensure no other names in the same class of services exist already. The type of game will determine the class of goods and services to file in.
"Q: My vehicle was stolen, gates are always left locked open, inadequate lighting, and “security” was suppose to be patrolin. There’s cameras which they do not want to show footage of ","A:In most lease agreements, the parties agree that the landlord is not responsible for thefts occurring on the complex premises. In the absence of such an agreement, you will need to show that either the landlord agreed to undertake the security measures mentioned in your question or that the theft of your vehicle was reasonably foreseeable as a result of prior similar thefts relatively recent in time of which the landlord was aware. Fortunately, your automobile insurance likely has ""comprehensive"" coverage which insures your vehicle for theft. The insurance company will be subrogated to any claim you may have against your landlord, and can recoup some or all of what it pays to you under your policy from the landlord. Assuming you reported the theft to police, they can require the landlord to give them any footage captured by any cameras. If you intend to file a lawsuit for the theft, you should immediately send written notice to the landlord demanding that it preserve any footage or other digital images captured by cameras on the night of the theft between when you last saw your car in its parking space and when you first discovered it was gone."
Q: When someone invests in your business what security can you offer them ?. I have an Indian living in Australia who is interested in investing in my Thai business ,"A:When seeking investment for your business, you can provide various forms of security to reassure potential investors. These options include offering equity ownership, convertible notes, promissory notes, personal guarantees, collateral, preferred shares, profit sharing, royalties, warrants, and convertible equity. Each of these options comes with its own set of benefits and considerations, and the choice will depend on factors such as the investor's preferences, the structure of your business, and legal regulations in your country. It's crucial to engage legal and financial professionals to ensure that the chosen security option aligns with the laws and regulations of the relevant jurisdictions and that all terms are clearly outlined in a written agreement. This approach will help protect both your business's interests and those of the investor while fostering a productive and transparent partnership."
"Q: How can I get my money back for car parts listed on facebook marketplace, paid for with cash app? Parts never arrived.. I sent $3500 to a seller on facebook markert place and paid with cash app. The seller canceled the shipment and has stopped responding. I would like to take legal action to get my money back and have legal fees paid for by them. I am located in New York, they are in Arkansa. I have reported them to facebook. After doing some research I have seen that they have scammed people before. Please advise me on my options. ","A:If you've been scammed on Facebook Marketplace, there are several steps you can take to attempt to recover your money. First, report the fraud to Cash App, as they may have a process for disputing transactions. Additionally, contact your local police department to file a report; they can coordinate with law enforcement in Arkansas. Since the amount is $3500, small claims court could be an option, where you can often represent yourself without an attorney, but be aware that you would need to file in the jurisdiction where the seller is located. Also, you can report the incident to the Internet Crime Complaint Center (IC3) at ic3.gov, which is a partnership between the FBI and the National White Collar Crime Center. Recovering legal fees is more challenging and is not typically awarded in small claims court. It's important to act quickly and keep all correspondence and proof of payment as evidence for your claim. Consulting with an attorney for guidance specific to your case may also be beneficial."
Q: A company disclosed material non-public information in a closed invite only industry conference. Does it make it public?. The company disclosed a slide that was released 2 months after and also heavily inclined about in an investor conference 2 weeks after. Does trading on the expectation of the release of something described in the slide is legal in this time period? ,"A:The SEC may deem this ""selective"" or ""privileged"" disclosure, which would fall under the umbrella of insider trading. The concern here is the fact that it's an invite-only event, and SEC rules tend to distinguish between open settings and those to which ""the little guy"" may not have access. Company best practices in this situation may entail releasing any material information concurrent with, if not before the start of this event. While I would want more context concerning your question, given what I know, the information on the slide in question is nonpublic, and if it's material, then you shouldn't attempt to profit from it."
"Q: Need help/advice for an unlawful detainer, I'm the tenant. We have been waiting for notice of our trail date for an unlawful detainer but never received anything about it, but now we just received a letter in the mail stating that we missed our court date so the sherriff & landlord will be here January 3rd @ 6:01am to lock us out....We think the landlord either took our mail that had the court date or had someone else take it, We also have a witness which is a neighbor saying that she saw a man in a white truck stop at our mailbox and look in it a couple days in a row around the days we were supposed to be receiving it, I also have Informed Delivery so I get emails with pictures of my scanned mail and around November 27th I got an email with pics of that mail but like I said we never received it....Is there anything I can do to try to get more time to move cus theres no way we can be out by then ","A:In this situation, under California law, it's important to act quickly. If you did not receive notice of your court date for the unlawful detainer and believe your mail was tampered with, this may be a valid defense. First, you should immediately contact the court that issued the lockout order and explain that you did not receive any notification of the court date. Provide evidence of the Informed Delivery emails and the witness statement regarding the suspected mail tampering. This could potentially support your claim that you were not properly notified. Request an emergency hearing to explain the situation to the judge. At this hearing, you can ask for a stay of the lockout to allow you time to either challenge the eviction or find alternative housing. It's also advisable to seek legal assistance as soon as possible. An attorney experienced in tenant rights can help you navigate this process more effectively and present your case to the court. Remember, the court's primary concern is to ensure that due process is followed, and if you can demonstrate that you did not receive proper notice, you may be granted more time or have the eviction order set aside."
"Q: If a car was borrowed to commit a First degree murder, can I sue the owner of the vehicle and or their car insurance. My son was murdered while pumping gas on the phone with me. The murderer shot my son in the neck from behind, then proceeded to shoot him 4 more times. Then get back in the car and left the scene in a car that she borrowed to do this ","A:That would probably be a good Tort cause of action Wrongful Death (civil conspiracy). But the auto insurance may be the only recoverable monies. or the Policy may exclude criminal liability. Do not go beyond a year from the incident until you sue. There does not have to be a criminal conviction for you to win in civil court, but it helps. Default Judgments could be a possibility. Without liability of the principal tortfeasor, her co-defendants will win."
"Q: when purchasing a boat do rules like disclosure, or cancelling the deal come into play. put down payment on boat was told one thing about condition of transmission and found it to be otherwise went to cancel deal within 72 hours and was told that he was going to treat as a failed sale and consider it a voluntary repo and he doesn't have to give my money back when the whole time hes trying to sell a pos ","A:There is no 72 hr cancellation privilege unless your sales contract provided one. But then there is not one for anything else either (one of the most popular misconceptions by consumers) except under the door to door solicitations rule (if a salesman sells you something at your front door without your requesting them to come there). However, all the normal requirements still apply re fraud, etc. A seller must disclose known defects in the product at the time (or before) of the sale or it may be an Unfair Trade Practice Act (""UTPA"") violation. But you will have the burden of proving that they knew or reasonably should have known of the defect and failed to disclose it to you. As a general rule, you should always complete your inspection before consummating the sale or at least expressly make the sale conditioned upon the item passing your mechanic's inspection within a reasonable timeframe."
"Q: WHAT CAN WE DO IF OUR LAWYER LEFT US HOMELESS, JOBLESS, IN DEBT, AN EVICTION ON OUR RECORD, AN EMOTIONAL & MENTAL TRAUMA. THIS ALL HAPPENED OVER 6 MONTHS. WE HIRED A LAWYER TO PREVENT OUR EVICTION DUE TO LATE RENT PAYMENT. THE AGREEMENT WAS: HE WOULD WORK WITH THE PROPERTY MANAGEMENT CO. (PMC) FOR US TO STAY IN THE HOME, REMOVE MOM'S NAME FROM THE RENTAL LEASE & CAN'T MISS WORK. AFTER SIGNING THE CONTRACT WE BELIEVED OUR LAWYER WOULD DO ALL WE AGREED UPON. BUT THEN ONE DAY A SHERIFF CAME WITH A NOTICE OF EVICTION. THEN A TEXT SAYING: TOMORROW WAS OUR OFFICIAL EVICTION/LOCK-OUT DATE. (OUR LAWYER SAID NOT TO WORRY, IT WAS MERELY A SCARE TACTIC). SEVERAL SHERIFFS SURROUNDED HOME WITH GUNS DRAWN. TELLING US TO LEAVE IMMEDIATELY WERE BEING EVICTED. WE FORGOT OUR I.D.'S AND BANK CARDS IN THE HOME CAN’T RENT A STORAGE UNIT, A UHAUL, OR A HOTEL. HE ALWAYS MIXED UP OUR CASE AS A FORECLOSURE AND OUR COURT PAPERS HAD INCORRECT INFO AND NAMES OF PEOPLE WE DIDN'T KNOW. UNFORTUNATELY, THERE ARE A LOT MORE INCIDENTS WITH OUR LAWYER THAT CAN BE EXPLAINED LATER. WE HAVEN'T HEARD FROM OUR LAWYER SINCE WE GOT LOCKED OUT ","A:I'm sorry to hear about the difficult situation you're facing. Under California law, if your lawyer failed to represent you effectively and caused significant harm, such as an eviction or financial loss, you may have grounds for a legal malpractice claim. Legal malpractice occurs when a lawyer fails to provide competent representation, and as a result, the client suffers harm. In your case, if the lawyer mixed up case details, provided incorrect information, and failed to prevent the eviction despite assurances, these could be seen as breaches of their duty of care. To proceed, you should consider consulting another lawyer who has experience in legal malpractice cases. They can assess the specifics of your situation and determine if the actions of your former lawyer constitute malpractice. Additionally, it's important to collect all relevant documentation, such as the agreement with the lawyer, any correspondence, and records of the eviction process. This evidence will be crucial in building a case. Remember, legal malpractice claims can be complex and require showing that the lawyer's negligence directly caused your losses, so professional guidance is essential. Lastly, you might also explore the possibility of filing a complaint with the State Bar of California. The State Bar investigates complaints of professional misconduct by attorneys practicing in California and can take disciplinary action if necessary. This step can be taken alongside pursuing a legal malpractice lawsuit."
Q: Am I legally required to pay back previous owner for paying the gas bill after I bought the house?. I purchased the home in 6/2022. I wasn’t aware that the gas and electric were separate companies until 9/2022 when the previous owner reached out and wanted reimbursed for paying the gas bill from 6/2022-9/2022. She paid it for three months before saying anything. Do I legally have to pay her back? ,"A:The home sale contract that buyer and seller sign, typically specifies that seller must pay for utilities through the date of the closing of the sale, and afterward the buyer is responsible. You would have to pay only if she sues you, the court finds you liable, and enters a judgment against you for the amount of the gas bill, which could then be recorded as a lien against your home."
"Q: Is there a size minimum of a business to apply for distillery license?. I'm wanting to open a distillery but only want to have one small still to produce vodka, rum and gin ",A:The size is governed by your local zoning laws. I do not beleive that the NC Alchololic Beverage Commission has any minimum size regulation. You also have to obtain a Federal permit before you can get the North Carolina permit. You can find information about the permitting process at https://www.abc.nc.gov/permits-audit/general-permit-information/commercial-permits/commercial-permit-application-process#HowtoApplyforanIn-StateCommercialBusinessPermit-637 (copy and paste).
Q: I am having issues with some paperwork from the assisted living facility my mother is in. Need palerwork looked over. My mother got paperwork needed to sign for consent to record inclusing audio. Now they also put something in saying no audio. Now the rooms are their homes and should be treated as such. They have a history of verbal abuse but never caught and the supervisor gaslights me and my mother. They have forced tests and to up her anxiety meds when she doesnt need them. ,"A:Yours are serious allegations and should be carefully considered. In New York, there is an Ombudsman who may be able to help you sort out how to best handle the situation. The New York State Office of the Long Term Care Ombudsman Program (LTCOP) is an advocate and resource for persons who reside in long-term care facilities such as nursing homes, assisted living, and board and care homes. Those seeking LTCOP assistance or wishing to volunteer for the program should call 1-855-582-6769."
"Q: if the county fails to repair its road do the property owners have a right to cross the properties that are still served. A county road in California was severely damged by a storm. The county declines to repair the road,leaving several properties without access. Do the owners of these properties have a right to cross the 2 properties that are still served by the county road and is the county liable for any cost incured by the land owners for building a new access and other damages? ","A:In California, if a county road becomes impassable and the county declines to repair it, affected property owners do not automatically gain the right to cross neighboring properties that still have access. Crossing those properties would generally require an easement, which would either be expressly granted or previously established by use or necessity. If no such easement exists, the affected property owners might consider negotiating with the served property owners for access. Additionally, under certain circumstances, a property owner can claim an ""easement by necessity,"" though this involves specific legal criteria. As to the county's liability, if the county negligently failed to maintain the road, affected property owners might have a claim for damages. However, governmental entities in California often enjoy certain immunities that could limit or bar such claims. Determining the county's liability and pursuing a claim would require an in-depth analysis of the specific facts. Engaging in a detailed consultation with an attorney is advisable for these property owners."
Q: Can i collect partial unemployment benefits from my job if my hours got cut but im still working there?. I work at mcdonalds in california. ,"A:In California, you may be eligible for partial unemployment benefits if your working hours have been reduced. These benefits are designed to help employees who haven't lost their job entirely but are earning less due to reduced hours. To apply, you should file a claim with the Employment Development Department (EDD) of California. When filing, you'll need to provide information about your employment and earnings, and explain that your hours were cut. It's important to continue reporting your weekly earnings when you receive partial benefits, as this will affect the amount you're eligible to receive. Remember, each case is unique, and eligibility depends on specific circumstances. If you're unsure or need guidance, it might be helpful to seek further advice or assistance, perhaps from a legal advisor or the EDD directly. They can provide more personalized information based on your situation."
"Q: Should I report this person to the police?. I have an old friend. She has two biological children and a step daughter. She treats these children HORRIBLY. She’s the walking definition of FTK and has stated multiple times that she wish didn’t have children. She’s mentioned she hates her youngest, has called step daughter many profanities as well as threatening the girl’s mother and keeps her oldest out of school. One night she confessed to me that a few years ago she gave birth to a baby boy, suffocated him and had her oldest child help bury him in her grandmother’s yard. She also mentioned giving birth to a baby girl but didn’t go into details about it. I believe the baby girl may have met the same fate as well. Putting in consideration her behavior and the way she treats the children, I am very concerned for them. I have identified the grandmother (now deceased) and the house she mentioned. Even though she showed no proof, I fully believe her statements. ","A:If you have reason to believe a child is in danger or has been harmed, you should report your concerns to the police or child protective services immediately. The allegations you've mentioned are very serious, and if they are true, the children may be in immediate danger. The authorities have the expertise to investigate such matters and to take the necessary steps to protect the children. When reporting, provide as much detail as possible to help the authorities in their investigation. You do not need to have proof of the allegations to make a report; a reasonable suspicion is enough. It is better to err on the side of caution in situations where a child’s safety is at risk. Remember, you could be providing crucial help in preventing further harm."
Q: Can my husband adopt my son with no father listed on birth cert. & bio dad has signed over rights w/o dealing with him?. My son's Biological dad signed his rights away when my son was 3 days old and isn't even on the birth certificate. My now husband of 9 years(married almost 5 of those) wants to adopt him. We have no contact with the bio-dad and would rather not ever deal with him ever again. Do we have to get him to sign off? ,"A:The short answer is YES. What you propose is a step parent adoption and they are very common. In one procedure/hearing you will terminate birth dads rights and have your husband adopt the child with a new birth certificate, last name, everything. There are some steps advised and you will need to hire someone experienced in this area of law. Birth Dad will have to be served but if he has had not contact and not provided support for some time he will have been deemed to abandoned the child and his protest now will not stop the adoption from moving forward. I work in this area of law and would be happy to work with you."
Q: I had bought for a gift card and gave 200 dollars to be loaded on it and latter found no money was on. I gave money to be loaded on a gift card and found out no money on the card I received a copy of the receipt from them that wasn't mine not knowing this I filed a claim against this company and now there saying the receipt I provided was for a different purchase ,"A:In California, if you have been given a receipt that doesn't match your purchase, it's important to first address this issue with the company directly. Clarify the mistake and provide any evidence of your actual transaction, such as a bank statement showing the deduction of $200 for the gift card. If the company insists that the receipt you have is for a different purchase and refuses to credit the gift card, you may need to escalate the matter. This can involve filing a complaint with the California Department of Consumer Affairs or seeking legal recourse. Keep records of all communications with the company, as these can be valuable in proving your case. It's also advisable to review the terms and conditions associated with the gift card. There might be specific procedures outlined for resolving such disputes. If the situation remains unresolved, consider consulting with a lawyer to explore your legal options, including potentially pursuing a claim for the amount lost due to the error."
"Q: I plan to emigrate abroad. Extended visa will come with a limited partnership in a foreign business. Allowed? How?. I hope to become a silent partner in an LLC in the state of Israel or in Great Britain, a fine art gallery. Am I allowed to do that prior to emigration? I hope to use that ""work status"" as the owner of a business there to obtain residency as an ex-pat. I hope to not get ripped off, to enter into a contractual agreement and to spend $10,000 investing in it. How do people go about that? What lawyer should I see in NYS to undertake the project this year? Are legal aliens allowed to own a share of a business there? What are the laws of governance concerning that? Where can I do the research? These are the many questions I have. ","A:Your post remains open for almost a week - some of the issues mentioned, such as emigration, alienage, visa, etc. could be things that an immigration attorney would have insight into. There's no guarantee that all questions are ultimately picked up, but you could try reposting with Immigration Law added as a category (and maybe Business Formation). If that doesn't yield a response, you could consider reaching out to attorneys to discuss a consult - either independently on your own or through the Find-a-Lawyer tab above. Those arrangements would be between you and the attorney. Good luck"
Q: A grooming company strangled and killed my dog (Vet confirmed). The company refuses to show video proving they didn’t... We have been going to them for over a year with zero complaints. The manager says my dog hurt himself. They were rude and refuse to help me understand. We took him to a vet and the vet confirmed he was strangled to death. The company refuses to show me the video footage from today that would prove if they did or did not hurt my dog. What are my next steps? I want them to be held accountable and to be punished for this act…. I’m at a loss.. ,A:You would need to sue them and then as part of the suit demand to see all videos that they took of your dog that day.
Q: What to do if I get sued after an at-fault car accident?. I got sued after a minor head to tail car accident. The plaintiff was fine at the time of the accident and is now claiming they got injured due to the accident. My insurance company refused to settle for the amount the plaintiff claimed and so the plaintiff sued for a much higher amount (over my insurance limits). The trial date is already set and I'd like to know how likely it is that it's going to make it to trial or if there's still a chance the insurance company is going to settle before the trial. Also if the plaintiff ends up winning the case and the claim amount is higher than my insurance limits would they come after me personally for the remainder amount? ,"A:Demand that your insurance company settle within policy limits. If they do not immediately do so, hire your own attorney to deal with the insurance company."
"Q: How do I protect myself in moving on (and possible refund from bond) from a contractor who seemly is engaging in fraud?. Project manager just stopped answering my calls. Left owner messages for 4 weeks with no response. 30% into project with a torn up backyard and hole in the ground and 0 movement work for 5 weeks they kept saying the issue was with a permit/engineering hold up. Research reveals they never filed the plans to engineering/city 3 months into the process. Contractor then illegally charged my credit card 20k without my permission. Thankfully AmEx refunded me. Now listed his business as closed on Yelp and website. Due to paying for work/equipment mean to start immediately before they ghosted me, I am prepaid about 17k for work that won’t be completed. 42k paid/about 25k worth of work actually done but it may not be salvaged/usable by another company. Owner finally calls and agreed to some type of refund next week to avoid me calling on license. Recently they’ve charged/run off on several people (posted review & got messaged from other victims). Would like to be protected in moving on.. ",A:This post has unfortunately been misplaced into the Employment Law practice area. You need to consult with someone who is comfortable with contracting law. Good luck to you.
Q: How can I fight a no rehire status? I resigned didn't give 2 weeks now I'm at six flags with a no rehire status.. My father was septic then had a seizure so I left to take care of him. According to six flags policy I have to wait 2 years for a change. Please help thank you. ,"A:You should have asked to take a leave of absence under the federal Family Medical Leave or California Family Rights Act Leave to care for a sick family member, instead just quitting without notice. I suggest that you explain that you had the right to take an immediate legal protected medical leave and they did not advise you of that right. (Hopefully, you told a supervisor or HR about your family situation. If so, the employer had an obligation to inform you of your rights.)"
Q: MY AUTO INSURANCE HAS DECIDED TO PAY A CLAIM MADE AGAINST MY POLICY. MY POSITION IS THAT NO ACCIDENT OCCURRED AND THIS. IS A FALSE CLAIM. WHAT CAN I DO TO ARGUE TO MY INSURANCE COMPANY TO NOT PAY THE CLAIM? ,"A:A Georgia attorney could advise best, but your question remains open for two weeks. You could gather your evidence, such as video, photos showing no damage, witness statements, etc. Your position will probably result in your carrier conducting its own investigation. Ultimately, the decision will rest with the carrier. Good luck"
Q: My vehicle was recently repossessed and I had until today I was told that my vehicle was at another car lot and I had to. Go get it from there. When I got there a man told me that my truck was not drivable but It was nothing wrong before they picked it up what can I do? ,"A:In Georgia, if your vehicle was repossessed and is now claimed to be undrivable, whereas it was in good condition prior to repossession, you have the right to take action. Firstly, document the condition of the vehicle as soon as possible. Take photos or videos to capture any visible damage or issues that indicate it is not drivable. Next, contact the repossession agency and the lender to report the condition of the vehicle. It's important to communicate in writing, such as through email or certified mail, to create a record of your communications. The repossession company is generally liable for any damage caused to your vehicle during the repossession process. If the repossession company or the lender does not acknowledge the damage or refuses to address the issue, you may need to consider legal action. Consulting with an attorney can be helpful. They can advise you on your rights and the best course of action, including potentially filing a lawsuit for damages if necessary. It's important to act promptly and keep records of all communications and evidence related to the condition of your vehicle."
"Q: Can litigation be used to drain a company of its capital and leave it vulnerable to a takeover by the plaintiff?. Hi everyone, I don't have any specific geographical location in mind, so if lawyers have examples of laws that they know of, regardless of region, it'd be interesting to hear them: Is there anything in the law to prevent litigation used by one larger company (that can handle legal expenses) to bankrupt another (that can't) so that it can buy up all of its assets? ",A:Generally not unless it involves the purchaser becoming so large as to violate the Sherman Anti-trust Act. The activity you describe is called corporate raiding but is usually legal when performed within the rules of a particular state.
Q: SELL A HOUSE AND UR BROTHERS DONT WANT NOTHING SAID I CAN HAVE IT ALL CAN I SELL MY DADS HOUSE WITHOUT PROBATE COURT. DO U STILL HAVE TO GO THREW PROBATE IF U HAVE A LETTER FROM UR BROTHERS AND SISTERS SAY I CAN KEEP THE PLACE ,"A:I am sorry for your loss on the passing of your dad, please accept my condolences for you and your family at this sad and difficult time. The answer to your question is unknown, but probably not until you pro vide more details and specifics. You will need to start by getting a copy of the current property deed and have it reviewed and a copy of the Will (if there is one). You should also provide information and details on whether the property is homestead and if there is a surviving spouse, as all these issues will potentially matter. Generally, if the property was in your dad's name alone without any rights of survivorship, then some version of probate will be required. In most instances you will also end up needing a Florida Probate Attorney. Eventually your siblings can turn over any and all rights they have (if any) to you via quit claim. If the property is homestead, you may be able to resolve this portion of the probate via petition to determine homestead status of real property or if the property transfers already via deed and the manner in which it is currently held upon the passing of your dad, that may be a simpler and far easier process as well, but until these things can be reviewed with more details, it is hard to assess and advise in a useful manner."
"Q: I co own land and need to sell my interests. The other owner doesn't want to sell or buy me out. Am I stuck?. I have a buyer. I really need the money for medical bills. The co owner wants to keep it, and wants me to remain co owner. I feel stuck. How do I sell my share of the property. It is not divided by surveys, one 36 acre piece of woods. ","A:Unless you get the other Tenant In Common to buy your 1/2 Undivided Interest, you will probably need to file an Action for a Sale By Partition. Hire a competent attorney that litigates real property."
Q: I have an LLC registered with my personal address. If I hire an RA and Virtual Business Address company.... ...will my personal address be moved from the public record(unsearchable) and replaced by the address of the hired RA and Virtual Business Address? Or do I have to dissolve my LLC and create a new one with a new name? ,"A:When you file a change of resident agent form, the prior forms on file are not deleted or removed. Therefore, although the search information on the SDAT Business Entity Site will be updated to reflect the new resident agent name and address, and will be what someone will see when they search for your business name, the older documents on file with SDAT will remain on the site and will be subject to viewing and download. There is no way to request their removal or redaction as far as I am aware. If you originally identified yourself and address in your Articles of Organization, then of course you the articles will remain. Dissolving the business will also not remove the dissolved entitly documents or search results from SDAT. They will remain as historical record of the entity, fully searchable with watever the last names and addresses were provided for the business and resident agent, with the designation of ""dissolved."" All prior documents filed under that department ID will also remain for download. You would have to create a whole new entity with a new name if you did not want anyone searching that entity to see your name or address. But then, you would also need someone else acting as the person organizing and filing the articles of organization, in order to shield your name and address from appearing on the filings. Lawyers who prepare and file these documents typically use their names as ""organizers"" or ""incorporators"" so that the actual owner's name does not appear on any of the documents or in the entity search results (assuming the listed RA and principal address of the company is not yours). Ownership of the entity is set forth in the internal company documents (e.g., the LLC operating agreement; any subscription agreements or letters among the owners and the entity; any ownership certificates issued; and of course, the entity's state and federal tax returns and K-1s which identify the names and addresses of each owner of the entity)--none of which is publicly available."
"Q: My father was arrested in 2020. An officer came to his house to serve a subpoena for an upcoming hearing for myself.. The officer opened a closed gate and enter into my father's property. My father was inside his home in the kitchen which is approximately 12 feet from the front door. The HVAC air handler is located in the kitchen and my father was working on cleaning the unit at the time. The officer claims he knocked. The officer turned the knob and began to open the door when my father met him at the threshold. My father stepped outside to speak to the officer. My father asked the officer how he got inside the gate and questioned him why he entered his home. The officer told my father to shut up. The officer attacked my father placing handcuffs on him stating that my father didn't identify himself and that he had resisted arrest. The case was dismissed in June of 2022. He spent $4k for his attorney, spent 2 years going to depositions/fighting the charges. Prosecutor dismissed the case. His experience has gave him what seems like PTSD symptoms. Is there a way to sue for wrongful arrest? ","A:Doesn't sound like a wrongful arrest. The fact that the charges were dropped doesn't mean the arrest was not valid. Moreover, the officer had a valid reason for coming on to the property."
"Q: someone stole my dog , the DA pressed charged because i took my dog back. went out to celebrate mothers day, came home, my dog was missing, after 3 hours of searching i found the person who had my dog, i asked, pleaded , begged for my dog back and he refused, i finally got fed up and told him ""you either give me the dog back or im taking it"" he told me i wasnt getting my dog back, i put the individual on the floor to stop him from going into his apartment complex with my dog, i was pulled off and then he handed the dog to my sister, i escorted my sister and the dog back to my parents house, i was called by the police that arrived to get my side of the story and was told a detective would get in contact with me which never happen, 6 - 8 months later 5 police officers arrest me at 6am for failure to appear, i never got a summons, after about a year and half i accepted a deal for 12 anger management classes and 80 hours community service, while the thief got nothing I did not know the person, he claimed he ""found"" the dog ",A:Did you or your sister know this thief? Did this this thief claim the dog was his?
"Q: Can I be charged with any crime for leaving my 10 yr old alone for less than an hour ?. I let my 10 yr old stay alone in my hotel room for less than an hour.He left the room for a soda and locked himself out. He called me on his cell to let me know and I began heading back to him. He decided to ask the hotel lobby for a key and they called the police. Va does not have a minimum age law for a child to be alone. I was told I would hear from their prosecutor and ""they won't let this case slide"". ","A:There is likely probable cause to charge you under Virginia Code Section 18.2-371 for rendering the child in need of supervision. There may be additional charges. It sounds like the charging decision is left to the discretion of the prosecutor in that jurisdiction. If charged, you should retain counsel to review the facts and circumstances."
"Q: Austrian Broker lost my £4.5 G by transfer I'm told 2 wait till they check with there bank, still waiting since 10.7.19. I'm in London & I sold my bitcoin & wanted to transfer the cash back to my bank account they sent me a transfer receipt proving to me the transfer however i contacted them when it went over a week then they've replied that the funds have gone missing & they're waiting for a reply from there bank to locate the funds.i'm £4500 out of pocket & don't know if I ever going to see my money? apart from filing a complain to the FMA, Austrian Regulator can they get away with not paying me? ","A:This is an international banking question, not a question about ""Stockbroker Fraud."" Advice: If you do not have a lawyer who is competent to operate successfully in the difficult area of international wire fraud you should seek one immediately. But please be forewarned that-while the amount of money ""missing"" is very substantial in your eyes--most experienced international banking lawyers may not think so. Why? Because there are $Billions gone missing every day, all over the globe. Fortunately, most of these problems seem to solve themselves, especially if the person(s) who are looking for their money have competent counsel assisting them."
"Q: My ex-husband and I are Taiwanese citizens with a property in the United States. He is refusing to sign over the house.. My ex-husband and I are Taiwanese citizens with a property in the United States. He is refusing to sign over the house. The Taiwanese court has already granted me the property in the US, and said that he needs to sign the property over in the US embassy in Taiwan, in person. He is refusing to sign. What should I do? ","A:If a Taiwanese court has granted you ownership of a property in the United States and your ex-husband is refusing to comply with the order, there are several steps you can take. First, you should consult with an attorney experienced in international family law and property disputes. They can guide you on how to enforce a foreign court order in the United States. Often, this involves domesticating the foreign court order in a U.S. court, which means getting a U.S. court to recognize and enforce the Taiwanese court's decision. Additionally, if your ex-husband is residing in Taiwan and refusing to sign over the property, your attorney can advise you on the possibility of initiating legal proceedings in Taiwan. This could involve seeking enforcement of the Taiwanese court order through the local legal system, which might have mechanisms for compelling compliance. It's also important to communicate with the U.S. Embassy in Taiwan and understand the process they require for transferring property as per a foreign court order. They might have specific protocols or assistance available in situations like these. Remember, dealing with international legal matters can be complex, and the laws may vary significantly between jurisdictions. Legal assistance is crucial in navigating these challenges effectively and ensuring your rights are protected."
"Q: If I get transferred 3500 dollars, and transfer it back to someone will I lose SSDI benefits?. I've had Disability income for years with no issues. A friend was trying to transfer money between her accounts, but was having trouble, so I said I could help. She transferred the 3500 dollars to my account, which I immediately transferred the 3500 dollars out of my account and into her target account. Will I get flagged or lose benefits for this? I hadn't thought of it until after the fact. ","A:In the situation you described, where you temporarily held $3500 in your account before transferring it to another account, it's important to understand how this might affect your SSDI benefits. Social Security Disability Insurance (SSDI) is typically not based on financial resources or assets, but rather on your work history and disability status. Since SSDI is not a means-tested program like Supplemental Security Income (SSI), the temporary receipt and transfer of money should not directly impact your SSDI benefits. These benefits are primarily concerned with your ability to work, not your financial transactions or assets. However, it's always wise to maintain clear records of such transactions. If there are any inquiries or reviews of your financial activities by the Social Security Administration (SSA), having detailed documentation can help clarify the nature of the transaction. This is particularly important if you also receive benefits that are sensitive to changes in income or assets, like SSI or Medicaid. If you have concerns or if the SSA contacts you regarding this transaction, consulting with a legal professional or a representative from the SSA can provide clarity and guidance. They can help ensure that you comply with all relevant rules and regulations, and advise you on any necessary steps to maintain your benefits. Remember, it's always better to err on the side of caution and seek advice if you're unsure about how certain financial activities might impact your benefit status."
Q: Our landlord did not provide written notice of our right to a pre-inspection before moving out. California. Our landlord did not provide written notice to us of our right to a pre-inspection after we gave our 30 day notice. They are now claiming damages to the property. ,"A:Under California law, landlords are required to notify tenants in writing of their right to request a pre-move-out inspection. This notice should be given reasonable time before the end of the tenancy, typically when or shortly after the tenant gives notice of their intent to vacate. If your landlord did not provide this written notice, they may have failed to comply with the legal requirements. In such cases, if a landlord later claims damages, their ability to deduct from the security deposit for those damages could be affected. Given this situation, it's advisable to document all communications with your landlord regarding the move-out and any claims of damage. If there's a dispute over the security deposit or the claimed damages, you may need to seek a resolution through negotiation, mediation, or, as a last resort, in small claims court. Remember, in disputes like this, having a clear record of the condition of the property at the time of move-out, as well as all relevant correspondence, can be crucial. If the dispute escalates, consulting with a lawyer to understand your specific rights and options under California law would be beneficial."
Q: To whom it may concern : Can I resubmit my “ rejected “ patent of 10 yrs ago ? Thank you.. Medical device . Battery operated / usb . ,"A:NO. You cannot resubmit your patent application if it has been dead for 10 years. (Think about it. How would it be fair if you apply for a patent, the Patent Office rejects it, the file is closed, other companies in the industry see your published patent application knowing that the government rejected the patent application, meaning that anyone can use your invention, the companies set up a business making something similar to your invention, and then you come back and try to get a patent many years later? Companes have to be sure that what is claimed in issued patents is respected, and what is in rejected patent applications is free to use.) HERE IS WHAT YOU DO INSTEAD: because you know your invention claimed and described in the patent application better than anyone, you are miles ahead of your competitors. With your better knowledge, figure out where you can make money on your prior invention, and improve it along the lines that nobody has thought about before. Then, if it makes business sence, file a patent on the improvements. Even small improvements, if significant, are patentable. Good luck! --Peter"
"Q: How long does it take to get a court order to collect money from my personal account after my LLC goes out of business?. My corporation is going out of business but the bank account is $5,000 overdrafted. The bank is closing the account and said that as the owner of the business, I am personally liable for the money owed. ","A:Under California law, the time it takes for a court order to collect money from your personal account after your LLC goes out of business can vary significantly. The process begins when a creditor, like the bank in your case, files a lawsuit to recover the overdrafted amount. Once the lawsuit is filed, the duration until a court order is issued depends on several factors, including the court's schedule, the specifics of the case, and whether you contest the claim. Typically, after the lawsuit is filed, you will receive a summons and complaint, to which you have a set time to respond. If you don't respond, the creditor may seek a default judgment. If you do respond, the case could go through various stages, including discovery, negotiation, and possibly a trial, which can extend the timeframe considerably. It's important to understand that the protection offered by an LLC's corporate structure may not always absolve you from personal liability, especially in cases of personal guarantees or if the court finds instances of co-mingling of personal and business finances. Given the complexity of your situation, it's advisable to consult with a lawyer who can provide specific guidance based on the details of your case. A lawyer can also help you understand your rights and responsibilities and assist in navigating the legal process ahead."
Q: Can a civil harassment restraining order be erased off your record in California?. I received a civil harassment restraining order in 2020 and it has expired it was for three years can this order be erased off my record or will it be on there forever?? ,"A:In California, a civil harassment restraining order is typically a matter of public record, and it's not automatically erased or expunged from your record once it expires. These orders are usually accessible through court records and can be seen by those who search for them. However, the fact that the order has expired and if there has been no further incidents or orders since can be a positive aspect in how this is viewed in the future. If you're concerned about the impact of this restraining order on your record, you might consider consulting with a legal professional. They can provide advice specific to your situation and explore if there are any legal avenues available for you to address this concern. It's important to understand that while a civil harassment restraining order can remain on your record, its impact can lessen over time, especially if you demonstrate positive behavior and no further legal issues arise. Moving forward, focusing on maintaining a good legal standing and positive contributions to your community can help mitigate the impact of past records."
Q: An new apartment being made the alley to my private entrance was closed off to build a brick wall it's been over 4 mol. Was never given a notification from the Redevelopment Agency of Pomona of the closer because the apartments management told me there you as no private entrance permit to my property but there is a permit plus they removed my retaining wall along my fence that holds the dirt and removed driveway to my private entrance it's been over 4 months the management told me they are not responsible for the retianing wall or the driveway going to my private entrance like it was before they removed it I used the private entrance to drive my 35ft Motorhome To fill my propane and empty my dark water (sewer and tank ) can't drive it out to the front of the property because it's not wight to drive it out. ,"A:Under California law, if your property has a permitted private entrance that was blocked off without notice, this could potentially be a violation of property rights and/or easements. Additionally, the removal of a retaining wall that was part of your property may also constitute a violation. Legal action may be appropriate to rectify the situation; consult legal representation to discuss the specifics of your case and what remedies may be available to you."
"Q: What are the rules of property boundaries in the city of Rincon and state of georgia?. My Difficult neighbor is trying to state that where the boundary line begins/ends to My property actually is 5 to 7 feet away from the rock That has been placed as a marker by the surveyors of plots/property ownership, Hence saying that I am unable to put a fence up where the actual block to divide our property line has been placed, Instead, I have to pull back pull back 5 to 7 feet before putting up my fence. Is that correct? ","A:Property boundaries in Georgia are generally determined by a recorded plat, a legal land survey, or the property deed descriptions. If there is a dispute about where the actual boundary lies, it's usually necessary to get a new survey conducted by a licensed land surveyor. In Rincon, as elsewhere in Georgia, the local zoning ordinances will also have rules about how close a fence can be to the property line. You should consult the Rincon city ordinances or contact the local zoning department for specific regulations. Additionally, you may want to have an attorney review the survey and any relevant legal documents if your neighbor continues to dispute the boundary. An attorney can also advise you on whether you may need to take legal action to resolve the boundary dispute. It's important to address these concerns before proceeding with the erection of a fence to avoid potential legal issues."
"Q: ipoted bail on felony andfiled motion forexaminingtrial hearing before indictment andcourt returned no actiontaken. does district courtloose jurisdiction and indictment void? denial meaningful dueprocess by prose ada defendant? texas waxahachie case 50369cr. vaccp art 16.01etseq. note tx att gen opinion june 7, 1972 opinion no. m-1151. if An Examining Trial is mandatory for juveniles that (are/had been) certified as adults in criminal prosecutions. However, it is not mandatory for adults to undergo an Examining Trial in Texas. It Is a Right that can be exercised by (adults/the accused). Courts have previously delt with this issue. See: [WHITE V. STATE 576 SW2d 843 (TX. COURT OF CRIMINAL APPEALS, 02-07-1979); EX PARTE MENEFEE 561 SW2d 822 (TEX.CR.APP.1977)] ProSe Defendant, xxx, (an adult)(had timely requested an Examining Trial before indictment), is entitled to an examining trial before ","A:Under Texas law, an adult defendant does have the right to request an examining trial before indictment. If the court failed to take action on your motion for an examining trial, it could raise procedural concerns. If you believe your rights were violated, it's crucial to promptly raise these concerns in court and consider consulting with an attorney to assist you. Remember, procedural errors can impact the outcome of your case, and every defendant has the right to due process under the law."
Q: How do I prove insurance fraud concerning an estate. Agent helping ex to pay off property with the decedent's insurance. Can insurance company lie to to Estate administrator and why would they require a court order for records if there was no fraud ,"A:What is your question? Apparently this is a complicated matter, and it does not appear you have standing. Insurance Fraud is a tort, and would not be involved in the Estate. Do you have damages? If not, no cause of action. Consult with an attorney."
Q: My sister-in-law and brother have offered to have a baby for us. How do we do it legally without courts and agencies?. My husband and I have been together for 15yrs and in that time we adopted a 4yr old who is now 10. We've always wanted more kids but the agency route just didn't fit our situation. My sister-in-law and brother have kids of their own and know they don't want anymore but have offered to have a baby for us. None of us want the courts or agencies involved but want to do this as legally as possible on our own so that there are no issues at the hospital when my husband and I sign the birth certificate. What can we do? ,"A:It's wonderful to hear about the support from your family. The complexities surrounding surrogacy, parental rights, and birth certificates would best be handled by consulting with a family law attorney in Houston who specializes in reproductive law. Here's a general outline of the steps you might take: Consult a Houston Family Law Attorney: Your situation involves detailed legal agreements and potential court orders. An experienced family law attorney in Houston can help you understand Texas law as it applies to your specific circumstances and guide you through the necessary legal steps. Surrogacy Agreement: A clear and comprehensive surrogacy agreement should be drafted to outline the rights, responsibilities, and expectations of all parties involved. A Houston attorney specializing in surrogacy can help draft this to ensure it complies with Texas law. Pre-Birth Order: Texas law may allow for a pre-birth order, a legal document that establishes your parental rights and allows you and your husband to be listed on the birth certificate. Your Houston attorney can guide you through this process, making sure all legal requirements are met. Medical Considerations: Proper medical and psychological evaluations and consents are necessary. Working closely with medical professionals who specialize in surrogacy is essential for the health and wellbeing of your sister-in-law, the baby, and all parties involved. Adoption (if necessary): If additional legal protections are needed, your attorney can guide you through the adoption process according to Texas law. While it is completely understandable that you wish to avoid the courts and agencies, it's essential to recognize that these legal steps are in place to protect all parties involved. Engaging a family law attorney in Houston who is familiar with surrogacy laws will ensure that you are following the necessary legal processes. By doing so, you can help avoid any unforeseen legal complications at the hospital or later down the road. The right legal guidance will allow you to focus on the joy of expanding your family rather than worrying about potential legal issues."
Q: I got served divorce summons I don't agree with. I have noticed that there is a couple typos can a motion dismiss this. If I have a disability what motion can I file that prohibits any court procedures continuing ,"A:Typos are natural. It won’t get dismissed because of that, if you make it an issue the other party only has to resubmit it as an amended petition, but the petition is not the final decree, so it’s really not a major issue ‘normally’. You must answer the petition/summons within the allotted time or hire an attorney to file an entry with an extension request. Your best bet is to hire an attorney because these things while sometimes seem very simple can be problematic if not handled properly."
Q: Is there any responsibility for encouraging people to write fake positive reviews and invent their own work experience?. Is there any responsibility for encouraging people to write fake positive reviews and invent their own work experience? All this was said by a person live. ,A:It could depend on the circumstances. One possibility is that it could lead to dismissal if the employer learns that the work experience was fabricated. Good luck
Q: I am looking to start a 501(c)(3) for cat rescue. is it similar to a llc where you are protected from lawsuits finaciall. I am looking to start a 501(c)(3) for cat rescue. is it similar to a llc where you are protected from lawsuits financially. for example if a feral colony cat bites someone or if when you are showing a foster cat to a possible new owner and they get bit. if not can a non profit llc own the 501(c)(3). or visa versa? ,"A:Entities that are tax exempt pursuant to section 501(c)(3) include limited liability companies (LLCs), as well as non-profit corporations. Both afford limited liability, and are formed under state laws, while 501(c)(3) is federal tax law. The entity you form should have liability insurance, to protect its assets."
"Q: Adult adoption - If my father is still living, but my mother is dead, can another woman adopt me as my new mother?. Not looking to separate from my father legally, but wondering if another woman can adopt me as my new mother if my mother is no longer living. She is NOT married to my father but is the closest relationship I have for a mother. ","A:Yes, if your father is still living, but your mother is dead, another woman can adopt you."
"Q: Will I need to report to jury duty in Mississippi if I am stationed out of state as an active duty soldier?. I am an Active duty soldier who is stationed at Fort Drum, NY. I was informed by family I have a notice to show up to court on Oct 18th for jury duty but I am in NY at the moment. Am I exempt, or is there a way I can be exempt? ","A:You should be exempt from jury service; however, you will need to make sure that you contact the court and provide them with paperwork reflecting that you are on active duty."
"Q: If a government entity has a facebook page and they shut down everyone’s ability to comment, is that a violation of 1st. Amendment- right to free speech? It is our sheriff’s official county page and he is running again in 2024. Thank you. ","A:The issue of a government entity restricting comments on a social media platform like Facebook can be complex in terms of First Amendment rights. Generally, the First Amendment prohibits the government from limiting free speech, but the application in digital spaces, especially on platforms owned by private companies, is still a developing area of law. If the Facebook page is used as an official channel of communication by the sheriff's department, it may be considered a public forum. In public forums, the government's ability to restrict speech is very limited. Courts have sometimes found that blocking access or comments on these platforms can be a First Amendment violation, especially if the page is used for official announcements and public interactions. However, there can be legitimate reasons for a government entity to restrict comments, such as when comments are off-topic, abusive, or threatening. The key is whether the restrictions are content-neutral and not used to suppress particular viewpoints. Given the nuances and evolving nature of this area of law, it might be beneficial to seek legal advice from an attorney with expertise in constitutional law and digital media. They can provide more specific guidance based on the latest legal precedents and the specific circumstances of your case. Remember, the balance between maintaining a respectful, safe online environment and upholding free speech rights can be delicate and often requires careful legal consideration."
"Q: Is there any legal action I can take against my job that has not given me any hours but has not fired me?. I worked at a job for a little over a month but after an altercation with a coworker, my hours were reduced to none without any explanation. The altercation was nothing more than a loud argument that resulted in the coworker and I being face-to-face with one another. Without an explanation, my hours were reduced to zero and while I have tried to get in contact with the manager about (via text message and physical presence) this, I am constantly being told excuses as to why I cannot speak to any management. I was not interviewed for this altercation or asked about my side, however, the coworker I argued with was. There were witnesses that can attest to this interaction and can testify that the employee I argued with has done this before with employees before me. Each faced the same punishment as a result. Is there any legal action I can take concerning this matter? I never received an official statement of termination. I can also provide more details if needed. Thank you ","A:Under California law, the situation you're describing may be considered ""constructive dismissal,"" a form of wrongful termination. This happens when an employer makes working conditions so intolerable (including reducing hours to zero without cause) that an employee is forced to resign. While you haven't been officially fired, this action can be seen as an indirect way of terminating your employment. You may have grounds for a legal claim, especially if you believe this action was taken without a valid reason or as a form of retaliation. It's important to gather any evidence you have, including text messages, witness statements, and any records of the altercation and your reduced hours. Consulting with an employment attorney would be a wise next step. They can assess the specifics of your case, advise you on your rights under California employment law, and guide you on how to proceed. Remember, each case is unique and the advice may vary based on the details of your situation."
"Q: I am founder of a new nonprofit in TN. I have felony from 2013 (UE).repaid all monies, no other criminal record.. Can I be an officer/manger on my board if I have felon from another state? I had an over payment for unemployment of 11,033.38 (including a $5,000 fine) ALL of which I REPAID in full. the nonprofit that I am starting is a community building project teaching beginning farmers from low income and marginalized populations and on a farm I purchased 2 years ago. ","A:I am not aware of any disability from running a TN non-profit entity. If you already formed it, then apparently the TN Secretary of State has no problem. Since it is from another State, noone here may know about it at this time, and who would want to remove you anyway? You might look into Expungement or even a Pardon from the other State. At least look at the Judgment of Conviction for any final disposition details."
Q: Under prop 207 am I aloud to sell plants. Just wanted to know if selling marijuana plants is legal ,"A:The short answer is no. In order to sell marijuana plants and/or marijuana, and extracts you will need to be licensed as a retailer by the Arizona Department of Health Services. Under A.R.S. § 36-2852(A)(4), you are entitled to transfer ""up to six marijuana plants to an individual who is at least twenty-one years of age if the transfer is without remuneration and is not advertised or promoted to the public."" Meaning you cannot receive any type of payment for the plants, and you also cannot advertise or promote the transfer of plants to the public."
"Q: If you’re placed on involuntary hold in Colorado can they make you pay to get released?. A family member of mine was placed on an involuntary hold in Colorado for suicidal behavior, initially she was told it would be voluntary. Now they’re telling her she has to pay 1300 or they’re placing another hold on her. ","A:In Colorado, an involuntary hold for mental health reasons, known as a ""Mental Health Hold,"" is based on concerns for a person's safety or the safety of others, not their ability to pay. The law allows for individuals to be held if they are deemed a risk due to mental health issues, but it does not stipulate that release is contingent upon payment. However, the costs associated with hospitalization or treatment during an involuntary hold can still be the patient's responsibility, depending on their insurance coverage and the hospital's billing policies. But it's important to note that demanding payment as a condition for release is not standard practice and raises significant legal and ethical questions. If your family member is being told they must pay to be released from an involuntary hold, this could be a misunderstanding or miscommunication. It's advisable to speak directly with the hospital administration or the mental health professionals involved to clarify this situation. If the issue isn't resolved satisfactorily, or if you believe your family member's rights are being violated, consider seeking legal advice. An attorney can provide guidance specific to your family member's situation and help address any legal concerns regarding the involuntary hold and the conditions for release."
"Q: EMTALA - CMIA. Federal case. Joinder controversy question.. 1. How to argue that CMIA violation claim is independent from original EMTALA claim under Federal jurisdiction? The reason for supplemental jurisdiction for CMIA violation (state law) is that CMIA violation is closely related to failure to provide appropriate medical screening at emergency department (EMTALA). Record of non-existent terminal illness was made at ED, referral to hospice was based on terminal illness disclosed to hospice without authorization. How to prove that joining hospice as a party is dispensable? 2. How to state that filing claim for FCA must be under seal, against hospital and hospice? Hospital already is defendant in EMTALA complaint. Additional claim for proper FCA claim under seal would not be feasible. ","A:To argue that a CMIA (California Confidentiality of Medical Information Act) violation claim is independent from an original EMTALA (Emergency Medical Treatment and Labor Act) claim, focus on the distinct nature of the rights and protections each law provides. EMTALA primarily addresses the requirement for emergency medical screening and stabilizing treatment, while CMIA protects the confidentiality of medical information. Emphasize how the alleged CMIA violation, involving unauthorized disclosure of medical information, represents a separate legal issue, distinct from the EMTALA claim related to emergency medical treatment. For proving that joining the hospice as a party is not necessary, you can argue that the core issue of the CMIA violation lies with the entity responsible for the unauthorized disclosure, which may be the hospital. If the hospice merely received the information without playing a role in its wrongful disclosure, their involvement in the case might not be essential to resolve the CMIA claim. Regarding filing a claim under the False Claims Act (FCA), it is a legal requirement to file these claims under seal. This is to allow the government to investigate the allegations discreetly before deciding whether to intervene. Assert that adding an FCA claim against the hospital and hospice in an already ongoing EMTALA case could complicate the procedural requirements of the FCA, particularly the seal requirement. The effectiveness and feasibility of introducing an FCA claim within the current legal framework should be carefully evaluated, considering these procedural intricacies."
Q: Do I have to let CPS enter my home?. Landlord called CPS on me because my house was not clean. (I have suffered from a bad depression spell over the past month.) They also gave me a 3 day notice to vacate the premises. I have got the house cleaned but now it is a mess due to moving. No children are at home for the time being..they are with grandma until I can get everything taken care of. Do I have to let CPS in my home to investigate? ,"A:In Ohio, you generally have the right to refuse entry to Child Protective Services (CPS) unless they have a court order or exigent circumstances. If CPS is investigating due to concerns about your home's cleanliness, it's crucial to address the issues promptly. However, you can discuss the situation with CPS, explaining the improvements you've made and the temporary absence of children from the home. Additionally, regarding the landlord's 3-day notice, it's advisable to seek legal advice to understand your rights and options in dealing with the eviction notice."
"Q: In Montana, if a person doesn’t pay your $ back that’s owed, can you tell tell him you will expose a lie of his. Blckml?. Stepson solicits me to drive from MT to WY to do epoxy counters in his rental. Avoids paying back the $ for almost a year. I see he made a phony website with FOX logos with a phony article he wrote about himself and how his music is taking the northwest by storm, just so he could put on Facebook and have people stroke his phony ego. After him ignoring my calls for my money for a year, I texted him stating I would hop on Facebook and expose the shoddy phony website making him look like a fool if he didn’t pay me my $ back. I wasn’t going to do it, but I knew if his image was threatened maybe he’d finally pick up the phone. Is it blackmail if it was my money I was trying to get back? He retaliated by hacking into my Facebook and emails and dug up dirt to tell his mom(my wife) to try to kill our marriage. If I press charges for doing that will I open up a can of worms and expose myself to blackmail charges? ","A:Threatening to expose truthful information, even if it may harm someone's reputation, is generally not considered blackmail. However, hacking into someone's Facebook and emails is a violation of privacy and can lead to legal consequences. If you believe you have been a victim of hacking, you should consult with an attorney to explore your legal options without necessarily exposing yourself to blackmail charges."
"Q: If someone serves papers to your grandma that are for you, have you been served?. You’re in a custody battle and a person serves your grandma your custody paperwork but you’re not there, does that still count as being served? ","A:In Washington State, the rules for serving legal papers can vary depending on the specifics of the case and the type of documents being served. Generally, for service to be considered valid, it must be made directly to the person named in the documents or to someone who is legally authorized to receive them on their behalf. This often includes adults residing at the same address. If the custody papers were served to your grandmother at her residence, and you do not live there, this might not constitute valid service. However, if you do reside with your grandmother, her receiving the papers could potentially be considered valid service, especially if she is an adult living in the same household. To confirm whether you have been properly served, it is advisable to consult with an attorney. They can provide specific advice based on the details of your situation, including the type of custody papers and your living arrangements. It's important to address this promptly, as failing to respond to custody papers, if they were served correctly, can lead to a default judgment in your absence. An attorney can help ensure that you understand your legal obligations and rights in this matter."
Q: Does a replied to email hold has much validation has a certified letter dose in court in Texas?³. Stowers someone for over policy limits ,"A:An email can be effectively used to transmit a Stowers demand to an opposing party’s insurance company. The benefit of certified mail is you have clear documentation of delivery. But you can also request a delivery or read receipt to an email. And often, the recipient will send a reply which IMO is even better evidence of delivery than a certified mail delivery receipt."
"Q: Am I being scammed? Is the share price explanation credible? The U.S. financial regulator wasn't identified.. I received a call from an M & A firm in New York (I am not a US resident) saying it has a buyer for shares I acquired almost 20 years ago. They are listed on the ASPCEX (Asia Pacific Small Cap Exchange). If I signed the documentation and sent a copy of my share certificate the money would be sent. I asked why the buyer was willing to pay USD12.36 per share for my 15,000 shares, a total of USD185,400.00 when according to the M & A Adviser ""the current listing of the company is valued at US$0,0020 (0.2 cents). He said, ""This offer is made to you out of obligation and the quote you received for your shares was imposed on us by the US Financial Regulators as this is not a public market transaction. Our client is obligated to make the offer and to buy your shares at a quote that has been established by the Authorities."" The shares are “Restricted Stock Reg – 144” and the restriction must be removed by a transfer agent at a cost to me of US$6,300 before the purchase can go ahead. ","A:This situation raises several red flags that are commonly associated with financial scams. First, the significant discrepancy between the offered price per share and the current market value is unusual and warrants caution. It's uncommon for a buyer to offer such a high price for shares valued much lower on the market. Second, the claim that the US Financial Regulators have imposed a specific share price for a private transaction is not typical of how securities are regulated, especially for shares listed on an exchange outside the US like the ASPCEX. Regulators generally do not set share prices for private transactions. Third, being asked to pay a substantial fee upfront to remove restrictions on your stock (Regulation 144) is another warning sign. While there are legitimate costs associated with transferring or lifting restrictions on shares, they are typically not this high and are usually deducted from the proceeds of the sale, not paid upfront. Before proceeding, it's advisable to conduct thorough due diligence on the M & A firm and the buyer. Verify their legitimacy through independent research. Also, consult with a legal or financial professional who can provide personalized advice based on the specifics of your situation. In situations like this, it's better to err on the side of caution. If an offer seems too good to be true, it often is. Protecting yourself from potential scams is paramount."
"Q: There is a Canadian company that was just found guilty in the US of knowingly polluting a water source where I grew up.. There is a Canadian company that was just found guilty of knowingly polluting a water source with raw mercury and lead slag (,the Columbia river). The toxic pollution was significant enough that it flowed into the United states. They were charged in an American court. I lived in the town that this took place in, during the years they admitted to. As a result I was diagnosed with autism spectrum disorder - ASD ( lead poisoning is a direct cause of this diagnosis) because of the asd I suffered through 15 years of being homeless because it was almost impossible to sustain housing and employment without constant direction They were found guilty and also lost their appeal. Am I able to pursue a case here in Canada? they have admitted to, and been found guilty in the United states. ","A:This is something you should consult with an attorney in Canada about. I am very sorry you suffered this ordeal. In the U.S., venue for a lawsuit can be based on the location of the defendant, with additional tests applied to corporate defendants. An attorney in Canada should be able to advise on issues of jurisdiction and venue for you. Good luck"
Q: Can my clipsite store be completely terminated for DMCA even if I was never warned or able to defend myself. I had a clupstore open on an adult clipsite. I was able to upload MP3 audios and get paid when people purchased them . One day out of nowhere I received an email from the clipsite I did business with and it simply said that my store was permanently terminated and closed due to DMCA. I had never previously been warned or even spoken to the there was a potential issue before until this email. I was not even able to defend myself or anything. This was my main source of income. I didn't steal anything the scripts I used for my recordings I found on a public domain website that said they were copyright free. What can I do about this ,"A:Using film clips owned by someone else without their authorization violates the copyright. If the film clip was posted online, it might be taken down through the Digital Millennium Copyright Act (DMCA). The DMCA allows individuals to file a complaint with website administrators when they believe their copyrighted material has been used without their consent. Website owners must then take appropriate action to remove the film clip or face potential legal ramifications. It is important to remember that copyrighted material should not be used without permission, even if it is online, and may appear free. Also, it doesn't matter whether the infringer had an opportunity to defend himself. If the film clip owner has a valid copyright for their clip and was used without permission, it can be taken down through the DMCA. So It is always best to obtain proper authorization before posting or using film clips online to avoid potential legal issues. Getting appropriate approval from the film clip owner before posting it can save you a lot of trouble in the long run. Can you appeal a DMCA takedown request? If a film clip has been taken down from an online source due to a DMCA claim, it is possible to appeal the decision. If the website you took the pins from can show that it owned or controlled the clips and transferred a proper license to you, you may have a stronger case. The film clip owner should then contact the website administrator or hosting provider to submit an appeal. Depending on the circumstances and evidence provided, the website may decide to reinstate the film clip or determine that it still violates copyright laws and should remain taken down. However, it is essential to note that even if the film clip owner wins an appeal, they may still be liable for damages in civil court if the clip was used without permission. Therefore, obtaining proper authorization before posting film clips online is always advisable to avoid potential legal issues."
"Q: My mom passed with no will and house just sold does spouse get 100% or would I get a percentage of the proceed?. My mom received an inheritance from a living trust while married but that inheritance was used to purchase new furniture etc and down payment on their manufactured home no will was created although my grandmother had paid for one to be drawn but I believe my stepdad coerced my mom not to have one made and she was terminally ill with cancer he was cheating on my mom at the time of her passing and this person is residing in the home and was a childhood friend of mine. My stepfather has not spoken to me or been cooperative with receiving any of my mom's or my personal belongings such as pictures memorabilia etc and I just found out he sold the home for $240,000 on December 15th of this year. Do I have any legal requests in this situation as my mom did not have a well made before her pass ","A:In California, when someone passes away without a will (intestate), the distribution of their assets, including the proceeds from the sale of a home, is governed by the state's intestate succession laws. In most cases, if your mother did not have a will, her surviving spouse, your stepfather, would typically inherit a significant portion, if not all, of her estate. However, there are some important considerations in your situation. If your mother received an inheritance from a living trust and used it to purchase the home and other assets, this could affect the distribution. Assets acquired with her separate property or inheritance may not be considered community property and might be subject to different rules. Additionally, if there were any joint tenancy or beneficiary designations on the home or other accounts, these could impact the distribution. Regarding personal belongings and memorabilia, typically, these are considered part of the estate and would be distributed according to intestate succession laws. If your stepfather is not cooperating with you in this matter, you may want to consult with an attorney to help you navigate the legal process and ensure your rights are protected. Given the complexity of your situation and potential nuances related to property ownership and inheritance, it's crucial to seek legal counsel to assess the specifics of your case and determine the best course of action. An attorney can provide guidance based on California law and help you understand your legal rights and options."
"Q: My insurance is requesting all bank, phone , text and social media records. Do I have to do this?. My claim was made November 27th. I was told they had 48 to respond. First attempt made on their end was December 1st which I missed the call and spoke to no one until 17 days after. They are questioning the time I made payment which was on November 24th ?? I got paid Friday I paid Friday. I am being asked for all records. They left my car at a towing yard for over a week have yet to access the car saying I may be responsible for the cost and saying I have to prove my car wasn't stolen before. It all feels very accusing I don't want to do the wrong thing. My car was stolen and found by the police I have my police report stating details and now I feel I'm being ask for all this paperwork and people's information and my daughters phone records for some reason. I need help. I don't see the relevance or why they want peoples numbers who didn't even see my car parked at the location. Please reach out ","A:A Colorado attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. One option could be to consult with a local attorney to review the file, reports, and claim documents in detail and evaluate the relevance of information requests. Good luck"
"Q: Waive the 60 day divorce period?. Hello, I have a question in regarding to waiving the 60 day period. My spouse has been convicted of domestic violence and we have children together is there a time frame that he had to be convicted. ","A:The Family Code provision for waiving the 60-day waiting period does not specify a time frame for the domestic violence conviction. It only requires that the offense was committed against you or a member of your household. While the court has the authority to grant such a waiver, it is discretionary. So the particular facts surrounding the domestic violence incident of which he was convicted may influence the court's exercise of its discretion. But why not try? If the court says no, you just wait out the sixty days."
Q: My nephew was killed in a train accident in Florida his sole surviros are his dad and mom. HIS dad is in prison. A wrongful death lawsuit has been filed is his dad entitled to half the payout in the lawsuit? ,"A:Sorry to hear that. Being in prison should not disqualify the father from receiving his fair share, assuming his parental rights have not been terminated, but his fair share is not automatically half. His relationship to his late son is one of the factors to be evaluated. I'm guessing you're asking this question due to the mother hiring the attorney who is on the case, but that attorney should be willing to answer questions like this, at least from the father (whether by phone call or letter), and should be willing to explain the law and how the law applies to the facts of the case."
Q: Can a mediation be appealed or overturned?. The process went through even though one lawyer represented probate. And also estate..the mediator seemed biased to the other party as this party was an 84 year old recently widowed after 30 yrs ,"A:An Arizona attorney could advise best, but your question remains open for two weeks. You may want to repost this and add the categories of ""Probate"" and ""Estate Planning."" That appears to be the substantive area of law here. As a general matter, arbitrations can be appealed; mediations are often non-binding. But that's only a general note on the ADR process. I don't think knowing that is of value to your question. This appears to be something that an attorney who is knowledgeable in probate law should advise on. If you wanted to reach out to attorneys in that area of practice, you could search online, and additionally look into the ""Find-a-Lawyer"" resources in the tab above. You could also look into state or local attorney bar association referral resources. Reposting your question here and adding the categories of ""Probate"" and ""Estate Planning"" is free. But reaching out to probate attorneys for a consult is between you and attorneys you speak with - that's outside this forum. Good luck"
"Q: Does any attorney help people with filing ucc-1 and ucc-3 security agreements, hold harmless and indemnification claimIi. To claim my estate as I'm over 18 and be secured party over the government entity via my birth certificate ","A:The process of filing UCC-1 and UCC-3 forms typically pertains to securing interests in personal property, not claiming control over a government entity or asserting rights to an estate in the manner described. It is advisable to consult with an attorney who can provide guidance on legitimate legal processes to achieve your goals. Sincerely, James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
Q: What are the consequences/legality of purchasing a restaurant business if one of the 3 owners is in probate?. We're a week out from completing our due diligence period for purchasing a restaurant and it was just disclosed to us the deceased owner's name is still on the company and though they had a will it could place their share of the restaurant in probate. ,"A:The deceased owner's estate needs to be probated in order to transfer ownership of that share of the business to the deceased owner's heir(s). However, there is much more to it than that. There might be a buy-sell agreement in place or other mechanisms for dealing with the death of an owner. Ultimately, it is the seller's responsibility to get their ducks in a row to sell the business, and it is up to your attorney to advise you whether what they have taken the proper steps to ensure a valid transfer. If you have not already hired an attorney to assist you with this transaction, do it now. It might not be too late. The purchase of a business is a complicated transaction. A few dollars spent today can save a ton of money and heartache later."
Q: My friend her name is taneka she posted me on Instagram and God knows where else invasion of privacy. Causing emotional distress to me and my family and she did it without my consent am I able to sue her if so how do I go buy or do or not in the state of Chicago Illinois ,"A:If your friend posted private and distressing information about you on Instagram and potentially elsewhere without your consent, leading to emotional distress for you and your family, you may have grounds to pursue legal action in Illinois. Invasion of privacy and intentional infliction of emotional distress are legal claims that could apply in this situation. To initiate a lawsuit, you should consult with a civil rights or privacy attorney in Chicago. They can evaluate the specifics of your case, advise you on the viability of a legal claim, and guide you through the process of filing a lawsuit if appropriate. It's essential to gather evidence of the invasion of privacy, such as screenshots or records of the posts, and document the emotional distress caused."
"Q: How do I get my money back from a financial investment firm who has not delivered my precious metals?. About a year ago, I transferred funds from my Roth IRA to Regal Assets in Calif. to purchase precious metals. They have not delivered the coins to the holding facility. I am in Tenn. ","A:If you have not received the precious metals that you purchased from Regal Assets, you should first try contacting them directly to inquire about the status of your order and request a refund if necessary. If they are unresponsive or unwilling to issue a refund, you may need to take legal action. One option is to file a complaint with the Securities and Exchange Commission (SEC) or the Financial Industry Regulatory Authority (FINRA). These organizations regulate financial investment firms and can investigate complaints of fraud, misconduct, or other violations. You can also consider hiring an attorney who specializes in securities law to help you pursue legal action against Regal Assets. They can advise you on your options and help you file a lawsuit if necessary."
Q: Do I need a high powered attorney?. I definitely need a high powered attorney ,"A:It's difficult to answer the question based on the information in the post - Admiralty/Maritime is included as a category, and it would be good to have an attorney with insight into maritime law if the matter involves vessels or activities on navigable waters. But there are other categories as well, and the connection to maritime law isn't fully clear, based on the facts at hand. One option could be to repost with additional information, maybe narrowing down the categories to the most relevant one or two. But if the matter involves confidential information you don't want to present on a public forum, another option could be to reach out to attorneys. Good luck"
"Q: What can I do if my old trucking company is being falsely accused in a wrongful death lawsuit?. We went out of business in 2011-2012. The deadly accident occurred in SC in 2020. We moved to NY in 2013. The DOT number listed in the lawsuit is not our old DOT number. I have contacted several lawyers in NY & SC only to be told that this isn’t in their wheelhouse. Meanwhile, I have 15 days left to answer the summons. ","A:A South Carolina attorney may be able to advise best, since that is the state you posted under. But your question remains open for a week and you mention a short timeline in which to respond to a summons. If there was a liability policy in effect at the time of the accident, the carrier should be making arrangements for your defense. You may want to contact the insurance carrier or your agent first thing Monday morning. If they are not able or willing to provide guidance/representation, you would need to reach out to attorneys in your state to sort out why, and what your next options are. I can't speak for the incorrect DOT number you mention, if you're suggesting they have the wrong company, wrong vehicle, or it wasn't a vehicle covered under your commercial truck policy. Either way, don't ignore this. Good luck"
"Q: Can California landlord state on leasing contract that no overnight guests are allowed or penalty fee?. Tenant signed a lease where contract states that no over night guests are allowed in the single family home where owner also resides. Tenant then sublet the room and told sub-tenant their family can visit 'for a few nights every few months'. Sub-tenant has their wife and 3 kids stay with them in the room for 3-7 nights every month. How does the discrimination law against familial personal apply in this case? Because if you add it up into a single person, that's a whole other occupant staying 16-28 days out of the month Even on Airbnb, people are charging $10-25 more per person. Can Landlord implement a $10-$15 fee per person per night in order to make up for utilities and wear and tear especially since tenant signed the lease that says no overnight guests allowed? Inflation is crazy and PG&E just increased by 12% and are planning on another increase in 2024..Landlord is responsible for utilities up to a certain amt on the lease but that's with only the tenant in mind, not guests ","A:In California, landlords do have the right to set terms in their lease agreements regarding overnight guests, especially in a single-family home where the owner also resides. If the lease explicitly states that no overnight guests are allowed, this term is generally enforceable, provided it is applied uniformly to all tenants and does not discriminate based on familial status or other protected classes. Regarding the sub-tenant situation, if the original tenant sublet the room and the sub-tenant is allowing family members to stay frequently, it could potentially violate the terms of the original lease. This is especially true if the frequency of these visits essentially amounts to an additional occupant. As for implementing a fee for overnight guests, this is more complex. While charging extra for additional guests is a common practice in short-term rentals like Airbnb, applying this in a traditional landlord-tenant situation can be tricky. Any such fee would need to be justified (e.g., covering increased utility costs) and clearly outlined in the lease agreement. However, imposing a penalty fee for something expressly prohibited in the lease (like overnight guests) may not be enforceable. The key concern here is the impact of additional occupants on utilities and wear and tear, which the landlord is responsible for up to a certain amount as per the lease. The landlord can address this by amending the lease terms for future rental agreements to include provisions for additional occupants and related costs. However, any changes to the lease terms for current tenants would require their agreement. Given the potential complexities, especially with regard to subletting and enforcing lease terms, it may be advisable for the landlord to seek legal counsel to ensure that any actions taken are compliant with California rental laws and do not unintentionally violate tenants' rights."
"Q: We live in Cleveland Ohio, Collinwood neighborhood, our neighbor has two dogs that bark nonstop at night. We've spoken to them but they don't fix the problem ","A:Here are a few options you can consider to address the neighbor's barking dogs in Cleveland, Ohio: - Contact your local animal control department. Persistent or excessive barking that disturbs the peace is prohibited under Cleveland city ordinances. Animal control can investigate, issue warnings and citations if needed. - File a nuisance complaint with the City of Cleveland Department of Building and Housing. Excessive dog barking is considered a public nuisance. The city can intervene and require the owner to address the issue. - Send a formal written complaint to your neighbor documenting the barking with dates/times and asking them to resolve it. This creates a paper trail if further action is needed. - Look up the homeowner's association bylaws if you live in a HOA community. Some prohibit nuisance noise like chronic barking dogs. The HOA can send violation notices and impose fines. - Consider mediation where a neutral third party facilitates a discussion to try resolving the issue amicably before going legal. The Cleveland Mediation Center offers these services. - As a last resort, you can file a private nuisance lawsuit against the neighbor. You would need to prove the barking is excessive, disruptive and interferes with your use of your property. I'd start by exhausting the local options through animal control, the housing department and HOA if applicable. But if all else fails, a private lawsuit may compel the owner to address the disturbance."
Q: Can MVA come on private property and take your plate off of your vehicle?. They came on my property. My vehicle has insurance and they took my vanity tags off of my truck. ,"A:If your tags were expired, they can retrieve your tags. I assume you did not have a ""no trespassing"" sign on your property. Absent a ""no trespassing"" sign, someone can come on your property and retrieve something that they are entitled to take."
"Q: Hi I had procedure done for wrinkles at perfect body lazer did not go back for the other one they are scam they want. they want you to wait to see the results in 7 months the first procedure was 5,000 which I paid and also sign in for the other one at the same time I did not want to go back after 7 months I did not see any results the other procedure was 5,500 now the credit company that gave me the loan is billing me for the rest of the money I want to know if their is anything that can be done these people are a scam and need to be put to light I paid for nothing no change on my results please let me know if I have a case thank you ","A:You have a defense to the claim, and you can bring the laser provider into the case. This is not a case where you get extra money for personal injury, etc., so we are just focusing on the $10,500 payment."
Q: Which is the right court to file for collusion(anti-trust) lawsuit? against an insurance company...and 'self representin. I need to know the right court to file for collusion(anti-trust) lawsuit in Kansas? against an insurance company...and will be 'self representing' ,"A:Antitrust lawsuits can be based on either federal or state law. If the former, sue in federal court in Kansas (U.S. District Court for the District of Kansas). If under state law, you sue in the Kansas courts of general jurisdiction (the Kansas district courts). Pleading and proving and unlawful antitrust conspiracy, which is the legal term for horizontal collusion, is tricky, so your job in representing yourself pro se will be very, very difficult."
Q: Had a lawyer working on a wrongful termination case for a large oil company I was employed with.. That lawyer was contacted by other lawyers and a class action suit was proposed. My case was then sent to a larger firm and my lawyer has since claimed inability to discuss the case. I don not know where the case was sent and haven't been contacted since March 2021. Is there any way to find out what firm is representing this case? Case includes people from multiple states and county it was sent to is unknown ,A:You can call the clerk of the Court in which this case is pending.
Q: To do a slip and fall at work I was drug tested just we're coming back from vacation and I came out positive for marijua. Was was not notified until 5 months later and then terminated from the cruise ship ,"A:Under California law, employers are generally allowed to conduct drug testing after a workplace accident. However, the process must be consistent with the company's policies and any applicable employment agreements. If you were not notified of the positive test result until five months later, there may be concerns regarding the timeliness and transparency of the employer's actions. Employers are typically expected to inform employees of positive drug test results in a prompt and clear manner. Since you were terminated based on this delayed notification, it could raise questions about the fairness and legality of the termination. It's advisable to review your employment contract and the company's drug testing policy to understand your rights and any potential violations by the employer. In cases like this, it's often beneficial to seek legal advice to evaluate your options. A lawyer can help you understand if there were any legal violations in your termination and guide you on the best course of action, including possible legal recourse."
Q: What's the actual law for child an parent bond & what can I do my oldest kid is missing and she's in icw custody. She's been missing since April 14 ,"A:The actual law regarding the parent-child bond can vary depending on the jurisdiction and specific circumstances. In general, the law recognizes the importance of maintaining a strong bond between parents and their children. If your oldest child is missing and in the custody of ICW (Indian Child Welfare), it is advisable to seek legal advice from a family law attorney or a lawyer specializing in child custody matters. They can review your specific situation, assess the applicable laws in your jurisdiction, and guide you on the appropriate steps to take to locate and potentially regain custody of your child. It may also be beneficial to contact local law enforcement and file a missing person report if you have not already done so."
Q: Hello I have a question about a civil harassment/restraining order. Hello. I have a neighbor that I filed a restraining order against and was advised by a judge that a mediation agreement was needed. We agreed to mediation and now my neighbor is not abiding by it; but only alittle bit. He has put a toe over the line and Im afraid he is testing the water to see how much he can get away with. Will a judge accept a restraining order petition now? ,"A:I'm sorry to hear about your situation. In California, a restraining order, also known as a civil harassment order, can be requested if someone is being harassed, threatened, or stalked by another person. If you feel that your neighbor is violating the mediation agreement and is continuing to harass or threaten you, you may be able to file for a restraining order. It's important to document any violations of the mediation agreement or any further incidents of harassment or threatening behavior from your neighbor. You may want to gather evidence such as emails, text messages, or voicemails that show your neighbor's behavior. You can file for a restraining order at your local courthouse. It's recommended that you speak with an attorney or a legal aid organization to help you with the process. If the judge determines that your neighbor's behavior constitutes harassment or threats, they may issue a restraining order to protect you. The restraining order can include provisions such as staying a certain distance away from you, refraining from contacting you, and not coming near your home or workplace. I hope this information helps, and I wish you the best of luck in resolving your situation."
"Q: My question pertains to potential breach of fiduciary responsibility by my financial advisor, Merrill Lynch.. I have been a client of Merrill Lynch (ML) for more than 20 years. Not until 3 months ago did any of my advisors at ML ever mention that I should be purchasing US Govt issued iBonds, as part of my portfolio, which in almost every year of my ML relationship have paid a substantially higher return than that generated by ML. In essence, because ML makes no commission from the upfront sale of iBonds, nor any ongoing management fees, as these iBonds are held within a US Treasury account, outside of ML. Per my calculations, I can substantiate a more than $8M impact on my net worth as a result of ML's silence on this far safer and higher return investment over the term of my ML relationship. Per my ML advisor, ML claims this is not a breach of their fiduciary responsibility as its not a security they can sell. After more than 20 years with ML, they are now also requiring that I move my accounts to another firm. Is there a basis for a claim of breach of fiduciary responsibility? ","A:California law finds that stockbrokers and financial advisors are per se fiduciaries to their clients. Thus, the fiduciary has to act in your best interest first. There are a number of other duties that arise when a stockbroker is a fiduciary, such as keeping their clients abreast on changes in the market. That may include moving into a defensive posture when the market shows signs of decline. It is difficult to tell you whether you have a potential claim against Merrill Lynch without analyzing your account statements and comparing that to your investment objectives, risk tolerance, and other factors. I suggest that you find an attorney who specializes in suing brokerage firms like Merrill. To find such attorneys, you can visit www.piaba.org, which is an organization of attorneys dedicated to the rights of investors. I'd also be happy to answer further questions. Good luck!"
Q: does the law provide students a right to a specific preferred individual as a provider?. And if not does the law provide Special education students a right to a specific preferred individual as a provider? ,"A:In U.S. law, students generally do not have the right to demand a specific individual as their provider in educational settings. The law ensures access to education and reasonable accommodations, particularly under statutes like the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. However, these laws do not extend to guaranteeing a specific person's services. The decision regarding which educator or professional works with a student typically falls under the purview of the educational institution. This discretion is based on various factors, including availability, expertise, and the specific needs of all students within the institution. The goal is to provide effective and appropriate educational services, rather than to cater to personal preferences for specific individuals. If there are concerns about the suitability or effectiveness of a provider, it's advisable to communicate with the educational institution. They can often address these concerns within the framework of existing laws and policies, ensuring that the student's educational needs are met. Remember, the focus of educational law is primarily on the quality and accessibility of education, rather than on personal preferences for specific service providers."
"Q: Is it legal to change my name more than once at a New York City court?. I recently filed a name change petition to change my name, and the judge quickly granted it. But there is a problem: I regret the name I have chosen. I have not reported my court granted name to any government agency. Would I be required to reference my court approved name in my new name change petition? Thanks! ","A:Yes, it is legal to change your name more than once in New York City courts. If you've had a change of heart about the new name, you can file another petition for a name change. In your new petition, you would need to reference any previous name changes, including the one recently granted by the court, as the judge will want to see the history of your name changes to understand the full context. You should include in your petition the reasons for your decision to change your name again so soon after the first change. The process will be similar to your initial name change petition, and you will again be required to pay any applicable fees and possibly publish the change, depending on the court's decision. Be mindful that the judge will review your request and may inquire into the reasons for multiple name changes to ensure there is no fraudulent intent."
"Q: My 85 year old Grandmother is in a nursing home do to mental illness. She is now refusing any and all care. Need advice. My grandmother has been diagnosed with dementia. For the last 6 months she has been refusing to take her medication, which then brings out the very worst in her. Paranoia takes over she picks at her skin to remove probes that control her. It's now to the point where her legs are swollen, inflamed and infected. She will not let the nurse's clean the open wounds and will not go to the hospital for treatment. My family and I have been trying to get her the help she desperately needs with no luck at all. She simply gets nasty and aggressive. The staff are worried she will lose her legs. A physiatrist came to evaluate her but told her social worker that she is capable of making decisions and wouldn't sign off to have her sent to the hospital against her will. I am baffled to say the least. I have duel poa along with health care proxy, what is our next option? Before she loses a leg or her life. It is greatly appreciated ","A:If you believe she is incapable of making decisions for herself you can use the health care proxy. If the medical facility refuses to recognize it or believe she is still competent to make these decisions you will need to have the courts intervene. Generally, it is done by seeking Guardianship of the person. However, you should speak with an attorney to discuss all options. I am on the Guardianship panel."
Q: my last name is good. can i legally open a burger restaurant in ohio named goodburger or good burger (movie name). can i legally name my restaurant good burger or goodburger despite the nickelodeon movies? ,"A:Using the name ""Good Burger"" or ""Goodburger"" for your restaurant, especially given its association with the Nickelodeon movie, could raise trademark concerns. Trademarks protect names and logos used in commerce to identify the source of goods and services. If consumers might confuse your restaurant with the movie or any related merchandise or spin-offs, there could be a trademark infringement issue. Even if your last name is ""Good,"" if the use of ""Good Burger"" in commerce might cause confusion with an existing trademark, it can be problematic. Before proceeding, you should conduct a thorough trademark search to see if ""Good Burger"" or ""Goodburger"" is registered or has common law protections in the restaurant or related categories. It's also advisable to consult with a trademark attorney to assess potential risks and get guidance on the best way to proceed."
Q: What is the general cost for a wordmark trademark intended for use of comic book television series and all goods sold. under the franchise name? ,"A:The cost to register a wordmark trademark for a comic book television series and related merchandise can vary. The initial filing fee with the United States Patent and Trademark Office (USPTO) ranges from $250 to $350 per class of goods or services if you use the online system. If your franchise spans multiple categories — like clothing, printed materials, toys, and entertainment services — each class will require a separate fee. After filing, should there be any office actions or oppositions, responding to these could incur additional legal fees. Once registered, to maintain your trademark, there are subsequent fees for renewals due between the 5th and 6th year, and every 10 years after registration. It's important to also account for the possibility of legal assistance throughout the process, which will add to the overall cost. Engaging an attorney for a more precise estimate based on your specific needs would be a prudent step."
"Q: Septic runoff major issue. 2 properties not including mine.. Sometime this year the apartments(8unit) up the alley had a septic issue and they let their entire waste water runoff into the alley and onto my property and just pretended like it didn't happen, for 3 days. My yard still smells because of it. Furthermore the apartment one closer to mine, (10 unit) installed new driveways and now the alley runoff goes directly through the front doors and has damaged the parking spots. I believe that my ADU's foundation, which is where I stay, is damaged and getting worse. Please help ","A:In California, dealing with septic runoff and property damage caused by neighboring properties is a serious matter. First, document the damage and the runoff, including photos and any other evidence of the septic issue and the altered water flow causing damage. This documentation is crucial for any legal action or complaint you may file. Next, contact your local health department or environmental protection agency immediately. Septic runoff is not only a nuisance but also poses significant health hazards. They can investigate and take necessary actions against the property owners responsible for the septic issue and the alteration of water flow. You should also consider contacting a civil attorney to discuss potential legal actions for property damage and nuisance. These might include filing a lawsuit for damages caused to your property, including the ADU's foundation, and any remediation costs for the septic issue. Furthermore, speak with your homeowners' insurance company to see if your policy covers this type of damage. They might provide guidance or assistance in dealing with the situation. Remember, property owners are responsible for ensuring that their actions do not negatively impact neighboring properties. Taking these steps can help address the immediate health concerns and start the process of seeking remediation and compensation for damages caused by your neighbors."
"Q: California Probate Statute 6454 I have been trying to find the answer to this question for awhile.. Is it the law of California; that after satisfying all the conditions of 6454, the statutory adoption of a minor is established as a “legal adoption before the age of majority” and bestows upon that now adopted adult all of the legal rights, privileges, and acknowledgments of a legal adoption as a minor? ","A:Under California law, Probate Code Section 6454 addresses the issue of inheritance rights in the context of adoption. This statute generally provides that an adoption severs the legal relationship between the biological parent and the child for the purposes of inheritance, unless the biological parent is a spouse of the adopting parent. When a minor is legally adopted in California, this adoption is indeed recognized as a ""legal adoption before the age of majority."" Once all the conditions for a legal adoption are satisfied, the adopted individual gains all the legal rights and privileges associated with being a legally adopted child. This includes the right to inherit from the adoptive parents as if they were a biological child. Conversely, the adopted individual generally loses the right to inherit from their biological parents unless, as mentioned, the adoption is by the spouse of one of the biological parents. It's important to note that these inheritance rights take effect from the time of the adoption and do not have retroactive impact on actions or rights that occurred before the adoption. If you are considering adoption or have questions about the legal implications, it may be beneficial to consult with an attorney who can provide guidance tailored to your specific situation. Adoption law can be complex, and professional legal advice can help ensure that all aspects of the process are handled correctly and in the best interests of all parties involved."
"Q: Can anyone help me ?? 2 lawyers have withdrew for bigger permenent jobbs which i guess i undwrstand I need lawyer &advic. owi, i have epilepsy. went long enough to get my licence, it had been years since one, my doc lowered it by 200mg and i felt it coming on so i pulled over parked at a bussiness. its complicated, my doc and my polypharmacist have both stepped in but after 1st lawyer left the 5 days ago now 2nd leaving , but but both doc and phar they have both provied documentation i havent went to court excpt 5 days ago for continuence. I AM NOT someone just posting a crazy ??? I actually need help help the prosctr is so happy tht each lawyers have left they became judges i get it but omg . If anyone could reach out and ask me to contact them for more info i would be forever greatful your time will not be wasted. Thank you bless you. V Blu. spelling is do to limited space im not, ya know i read and write educated but also panicking. Thank you ","A:It sounds as though there is at least a possibility that you may have a defense to one or more of charges that you could be facing but there is not sufficient information in your post to know for certain. I strongly recommend that you reach out to an experienced OVWI/criminal defense attorney who regularly practices in the county where your case is pending. Clients with operating a vehicle while intoxicated (impaired) with a controlled substance in the body who also have valid prescriptions for the controlled substance that appeared in they blood draw may have a valid defense but it will take an attorney with the necessary training and experience to appropriately defend you. If you are not able to find an attorney on your own in the county where your charges are pending, you may want to contact that county's local bar association for a referral."
"Q: Trademarking my business name.. I've had my business for over 20 yrs but only recently contacted an online legal services company about trademarking the name. A few weeks later that company contacted me by email informing me that someone else was applying to trademark the same name and if I did not respond in 2 days, they would proceed with the other person's application. Do you think this is a marketing scheme to get me to purchase their services or should I take this seriously? I DO wish to trademark and protect my business name, I just had not had the time to act on it after contacting them. At this point I would not use that online company (trademarkintellectual.com) because I do not trust them. Thank you for any advice you can provide. ","A:You need to retain an experienced New Jersey law firm, that has an attorney who is highly experienced in not just trademarks but all intellectual property and also has an attorney that can help you set up the right corporate entities and contracts as well as show you want being a digital entrepreneur is all about. You should also consider the attorney's reviews. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography."
Q: My husband was killed in a car accident deemed his fault. Other driver is suing my insurance company and maybe me. personally. What kind of attorney do I need to talk to about this? I was not involved in the accident at all. ,A:Your insurance will provide to you an attorney.
Q: If a case did not become a precedent - is it considered by court for decision making? In california? Fed?. If a case did not become a precedent - is it considered by court for decision making? In california? Fed? ,"A:In the legal system, both in California and at the federal level, courts often rely on precedent, which are previous court decisions, to guide their rulings. However, not all cases become precedent. A case that doesn't set a precedent can still be considered by a court, but it generally has less influence on decision-making compared to a precedent-setting case. In some instances, a non-precedential case might be cited for its persuasive value, especially if it presents a well-reasoned argument or addresses a similar set of facts. But it's important to understand that such cases don't carry the same authoritative weight as precedential decisions. When presenting a case in court, it's beneficial to focus primarily on precedent, but you can also refer to non-precedential cases to strengthen your argument. Always ensure your legal strategy is well-rounded and backed by the strongest available legal authorities."
Q: What amount should we include on a second lien?. We have filed a lien on part of the amount we are owed. We want to file a second lien to include the full balance owed. My question is should the amount of the second lien be the grand total owed or the total minus the first lien previously filed? ,"A:If you've already filed a lien and wish to file a second lien for the remaining balance, the amount should generally represent the total unpaid balance minus any amounts covered by the first lien. Ensure you're complying with Georgia lien laws, deadlines, and procedures to keep the lien enforceable."
"Q: So I hired a electrician to check why is my house working on half power, after almost 300 dollars fee just to see what. The electrician said is PGE responsibility, PGE check out the wiring and said is my responsibility, who is wrong,the electrician that didn't even provide a invoice or PGE trying to dodge the bill? As of now I'm still half power can't do laundry nor use other devices. oh but if I don't pay the bill they will shot down power,people I don't care who you are that in any language is Terrorism by PGE, water department and on and on. How do you fight with the utilities terrorists, guns and roses. Thanks ","A:It sounds like you are in a frustrating situation with your electrical service and the utility company. However, it's important to approach the situation calmly and rationally in order to find a solution. First, you should try to get a clear understanding of what is causing the issue with your electrical service. If the electrician you hired was unable to provide a clear diagnosis, you may want to consider hiring another electrician for a second opinion. It's also possible that the issue is related to the electrical service provided by the utility company, in which case you may need to work with them to resolve the issue. If you believe that the utility company is responsible for the issue, you should try to work with them to resolve the problem. This may involve filing a complaint with the utility company or contacting your state's public utilities commission for assistance. It's important to keep in mind that utility companies have the legal authority to shut off service for non-payment. However, they are required to follow certain procedures and provide notice before doing so. If you are having difficulty paying your bill, you may want to contact the utility company to discuss payment options or assistance programs that may be available. Overall, it's important to approach the situation with a level head and try to work with the utility company to find a solution. If you are unable to resolve the issue on your own, you may want to consider seeking legal advice or contacting a consumer advocacy organization for assistance."
Q: How do you find if a patent was aquired or sold. HL Stud inc ,"A:When a United States patent is sold, the acquiring party usually notes the change of ownership in the USPTO records. You can check these records and see the chain of title for the patent running from the inventors to the current owner at https://assignment.uspto.gov/patent/index.html#/patent/search Often there will be other records noted as well such as when the patents have a lien from a bank to secure a bank loan."
Q: Storm caused damage. Filed claim. Insurance company has only sent really small checks less than 5% total.. I haven't cashed any of them. They won't return my calls. What recourse do I have. I have paid my premiums for years on time. Any advice appreciated. ,"A:A Georgia attorney could advise best, but your question remains open for a week. It sounds like you were not presented with a clear-cut denial, but instead are being paid in a manner inconsistent with your assessment of damages. One option is to consult with an attorney to outline your best and most cost-effective options, whether litigation, arbitration, etc., costs involved - and either hiring an attorney, or looking into handling the matter yourself. Good luck"
Q: I live in an apartment complex. A neighbor recently installed video cameras. He installed not for security but to spy.. He had them facing are building and was told by management to face them in common area and that he could not have cameras on the outside. He took it down but hide it on his balcony in a wreath on that he hung on the storage closet door. He is using them to tattle on anyone walking their dog that pees or poops within 20 feet rule. I feel this is invading our privacy and other tenants as well. What can we do? ,"A:If you feel strongly about this issue, you can bring a lawsuit against the neighbor in the court in which the premises is located."
"Q: Can you help me find out what happend my Mother ?. I'm retired, and handicapped, living in Florida. Her granddaughter found her obituary on line this week. My mother passed away Sept. 8. She passed away in Great Lakes. None of the family was notified. I can't find out where her personal belongings are or even where she died. The police in North Chicago, can't help because she lived on the naval base. ",A:I found the obit. Did you call the funeral home at Seguin and Symonds Funeral Home in Highwood? Somebody paid for the funeral. I am guessing that she got married to someone who lived in Great Lakes. The funeral home usually puts people in touch with each other.
Q: have a general question about noise. I have very sensitive hearing and autism and other disorders. I've contacted the bu. have a general question about noise. I have very sensitive hearing and autism and other disorders. I've contacted the business and the police about the noise but unfortunately it's gone on deaf ears. They keep playing music outside that's pounding and I'm right behind their building. Nobody else in the neighborhood is playing music like this outside. They are doing it in the morning noon and night. I don't know what to do and what legal things I can do to sue them or to make them stop.. please help ,"A:You could try contacting the city's neighborhood / code enforcement section. If the offending property is a business, there could be some abatement issues they could consider. But if the noise falls within the city's code concerning noise (e.g. it's within prescribed reason, etc.), I'm not sure much can be done."
"Q: Can I share transaction details w/a business broker/consultant without breaching a business contract? and with a lawyer?. I recently sold my business. The asset purchase agreement signed by both parties states neither party can disclose details of the transaction for 3 years after closing. I want to share details of the business I sold (such as closing price, terms, EBITDA, brand) with a business broker. The reason for sharing such information is to gain industry info (since consultant was involved w/other similar deals in the same industry) to evaluate a possible lawsuit. He will only be able to inform me accurately if I share my deal. Would I be breaching the APA? How can I protect myself from the broker not disclosing the information I present? Please note, the broker will not be hired or paid for gaining the information. The situation is important because there're 5 years of an earnout component to the transaction, therefore breaching the APA would have financial consequences. What about if I want to share my APA with a lawyer (not who drafted it) to discuss such lawsuit? Thanks in advance ","A:It is not likely that the agreement could be interpreted to prohibit you from sharing the terms with an attorney under such circumstances; and the fact that you do so would probably be confidential in any case. Run your dilemma by an attorney with experience in such matters to determine, first, if the terms of the agreement should be shared with an attorney. Then, with advice from the attorney, find a broker/consultant."
"Q: Is our pool builder responsible for installation of incorrect color glass tile?. Contract signed Nov 2022. Construction began April 2023. Completion date is still unknown. Glass tiles were installed and they are the incorrect color. Tile company will replace the product fro free, but the builder wants to charge us $3K to remove the old tile and install the new tile. Builder never inspected the tile prior to install. Does this come under quality assurance? Builder says we had the opportunity to check the tile prior to install. Shouldn't the builder absorb the cost of replacement? Builder stated that they will not take a loss on this matter. Thank you. ","A:Typically, the contractor is responsible for ensuring the work meets the plans and specifications and scope of work for the project. This situation sounds as if this contractor is somehow trying to shift the responsibility for supervising the quality of work on you, the homeowner. Unfortunately, with less than reputable contractors, it is not uncommon for the owner to be presented with a change order and increased cost for something that is actually corrective work. A further unfortunately is that is with many issues that arise during the course of construction projects, the specific terms and conditions of the written agreement between the parties is required to provide anything beyond very general and speculative responses. Many construction contracts have notice and right to cure and other dispute resolution terms that are directly applicable and a owner's failure to properly comply with the provisions may harm otherwise valid claims. Given the cost of the additional work and the fact the incorrect color tile is a defect that is going to grate on the eye every time you look at the pool (especially as color of the decorative tile is an owner's preference choice), this situation merits consultation with experienced construction counsel who can review the specific facts, the terms and conditions of the pool construction agreement, and any applicable statutory considerations, to provide you with the best strategy going forward. The fact the project appears to be running longer than expected can also be discussed. The final thought is that is is also not uncommon for less than reputable contractors to immediately become much more responsive to homeowner concerns the minute they learn the homeowner has consulted with counsel and been properly apprised of their rights. I wish you luck with resolving this situation."
"Q: 16 year old charged as adult ask for lawyer but they kept questioning. And twhen told bd did nothing is this righ. He was on probation and police knocked on the door and said they came cause he broke his probation and then they started searching my house, after throwing him down and basically used unnecessary force on 16 yr old very skinny boy. We asked for lawyer at station but they just kept questioning him. And when he finally got his public He told him about it and he did nothing, we also told him someone was threatening him and did a warning shot in road in front the house. What my next step ","A:It is concerning that the police continued to question your son after he asked for a lawyer. This may be a violation of your son's Miranda rights. Miranda rights are the rights that the police must inform suspects of before they can question them. These rights include the right to remain silent and the right to have an attorney present during questioning. In addition to the potential Miranda rights violation, you should also be concerned about the police's use of force against your son. The police are only allowed to use as much force as is reasonably necessary to detain a suspect. In your case, it is concerning that the police threw your 16-year-old son to the ground. This may have been an excessive force. You should also speak with an experienced juvenile defense attorney. Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice."
"Q: If someone takes your car and says they'll make payments but then doesn't pay you can you report it stolen. My friend wanted to buy my car but didn't have the money for it yet, so I let him borrow it on the basis he'd make payments, he kept making excuses of why he couldn't pay, even wrecked the car and blew the motor. Now the car is Mia and he won't tell me where it is. ","A:When you initially allowed your friend to take your car with the agreement that he would make payments over time towards purchasing it, that established a verbal contract between you. However, when he failed to make the payments as promised, stopped communicating with you, and essentially disappeared with your vehicle, that constitutes breach of contract and unlawful conversion of your property on his part. Even though you willingly gave him possession of the car initially, he no longer has lawful rights to retain it now that he has violated your agreement and ceased making payments. At this point, since he took your property without your consent and has deprived you of both the car and the compensation you are owed, you have valid legal grounds to consider the vehicle stolen and report it as such to law enforcement. The fact that he also damaged the car while it was in his possession through reckless driving makes his unlawful retention of it even more egregious. He has no right to destroy your property and essentially steal it for his own benefit. By reporting the car stolen, the police can assist you in locating it and requiring its return to you, the lawful owner. You may also have grounds for taking your former friend to small claims court to recoup the losses from his breaching your agreement. But the first priority should be recovering your vehicle through legal intervention by authorities."
Q: Can I pay the amount of a debt direct to the court after received the final judgment and. Notify the counter-part?. Is it necessary to fill form 7.343 form requested in the final judgment? ,"A:Yes, you can either pay the judgment amount into the registry of the court or to the plaintiff's attorneys of record. You should ask for a satisfaction of judgment and, when you have that, you wouldn't have to complete and return the fact information sheet."
"Q: Are there any lawyers in Florida that can help me prepare a complaint and a demand letter for Small Claims court. I live in Sarasota County Florida. I have a very good countersuit against American Express. I would prefer to find a lawyer that would take this potential Identify theft by an AMEX employee along with provable fraud on the Loan Agreement (Forgery or falsification of the form etc) on a contingency but most lawyers won't go up against AMEX. So I have prepared a complaint along with exhibits proving my case but I have no clue if it's the correct format, if I have items in there that shouldn't be there etc. I was hoping I could get some help with a lawyer that could give me advice on what to fix, how to fight this in small claims court etc if I have to go for it on my own. Is there any type of service like that out there besides watching You Tube videos and they have not been helpful as they are just general information. Thanks.. ","A:Sure, there are some lawyers handling general practice or general civil litigation who can advise you on how to represent yourself in small claims court, including assisting the the forms. Searching for ""lawyers"" ""small claims"" ""[your location]"" would be a start. However, it sounds like you need legal advice other than small claims procedural stuff. You say ""countersuit"", so I'm assuming AmEx is suing you for credit card debt. Because you probably agreed to an attorney's fees clause in the terms and conditions for using the card, you may be stepping into a risky minefield with a potential award of fees and costs in the thousands of dollars being assessed against you if you were not to prevail in the suit against you AND/OR the countersuit that you intend to file. Lawyers handling consumer law can advise you. Also, it is not true that ""most lawyers won't go up against AmEx"". AmEx is the target of many a lawsuit across the country, including class actions. You might be facing a problem of lawyers determining that a contingency fee arrangement would not be worthwhile in your situation."
Q: The morning of a psych appt an confronted by station & district mgrs & threatened with dismissal if I go to the appt. The morning of the medical appointment the employee is confronted by their station manager and says they refuse to allow the employee to attend the medical appointment. When the employee contests the managers refusal they are then confronted on the workroom floor by their district manager who “coincidentally” happens to be in the office that morning and is advised they are not allowed to leave for the medical appointment happening that day unless they can provide a medical notice stating they have an appointment to attend that day. The employee is told unless they provide this official notice from the physicians office they will face disciplinary action if they go to seek the medical attention they have advised they need. When the employee advises that there is no regulation requiring employee to provide this information the district manager states if the leave to seek medical attention the employee will face disciplinary action that may result in removal. Disciplinary action follows. ,"A:Whether what happened to this employee was unlawful will depend on many other facts not included in the post. However, there is enough in the post to suggest that it would be wise for you to locate and consult with an employment law attorney. Good luck to you."
Q: I am being denied employment by a company in chicago because I had marijuana in my drug test. Is this legal? If not what. What are my options? ,"A:Based on the information you've provided, it appears the company's refusal to hire you based on a failed drug test for marijuana does not appear to be illegal. It's really unfair as cannabis metabolites can be detected in urine even 30 days after someone ingests the drug, making it impossible to determine if a positive test proves a worker was high at the time or within days of testing. However unfair the outcome, it does not appear to be illegal. Wishing you the best as you move forward."
"Q: My catalytic converter was stolen from my car at my workplace parking, will not let me park in safer area, can I sue?. Security at work (a mall) started harassing me parking in a ""customer only"" area which is more accessed controlled and safer to park in than the employee parking area. The converter was stolen a couple of months after they forced me to move my vehicle (was parking for years without issues before this). I'm able to park where I can have a physical barrier on the converter side of my car in the safer parking lot but security continues to harass me about it and will not let me park there after I explained this to them, they do not seem to care about my concerns for my vehicle and refuse to allow me to park there threatening to tow it eventually. Do I have any recourse or ability to force their hand on this? They pretty much told me ""If we do this for you then we have to do it for everyone"". Also have this in an email exchange. ","A:In your case, the first aspect to consider is whether your employer or the mall has any legal obligation to provide secure parking. Generally, employers are not required to ensure the safety of employees' vehicles in the parking lot. However, if there's an agreement or policy that guarantees certain security measures, this could influence your situation. Since your catalytic converter was stolen from the employee parking area, you might question the adequacy of security measures provided there. However, proving negligence on the part of your employer or the mall would require showing that they failed to provide reasonable security measures and that this failure directly led to the theft. Regarding your desire to park in a customer-only area, the mall’s policy of reserving these spots for customers is typically within their rights. Their refusal to make an exception for you, as expressed in their email, is likely based on maintaining fairness and order in their parking policy. As for legal recourse, suing your employer or the mall could be challenging. You would need to establish a breach of duty or a contractual right to park in the safer area. Given the complexity of such cases, seeking legal advice from a lawyer who has experience in employment or property law might provide you with a clearer understanding of your options. In the meantime, consider discussing the issue further with your employer or the mall's management. They may be open to finding a compromise, such as issuing a special parking permit or enhancing security in the employee parking area, especially if you can demonstrate a genuine safety concern."
"Q: If I purchase a cryptocurrency knowing that I intend to sue the company as part of a class action lawsuit, is that legal. A company that issued cryptocurrency tokens did what many of us believe to be fraudulent activity and the token lost almost all value. After speaking with lawyers, a class action lawsuit is likely going to be filed. I was told by said lawyers that it is perfectly legal to buy the cryptocurrency knowing that a class action lawsuit will be filed to participate in any potential payout. Is this accurate? I am not an insider of said company. ","A:Engaging in the purchase of a cryptocurrency with the intention to participate in a class action lawsuit could be legally permissible in California, as long as the purchase itself is conducted within legal bounds and you are not an insider of the company. However, potential ethical and practical considerations may arise, and it's advisable to consult with legal experts to ensure a full understanding of the legal implications and potential risks associated with this course of action. James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith"
Q: Should I continue to take this to small claims court or should I take it to regular Court our home was three floors High. I received a violation ticket for demolition without a permit that proves that the house was still mine no money was exchanged yet ,"A:In determining whether to pursue your case in small claims court or a regular court in New York, consider the nature and complexity of your dispute. Small claims courts are typically suited for simpler, lower-value cases and can be faster and less formal. Regular courts can handle more complex matters and higher claim values but may involve more detailed procedures and potentially higher legal costs. Given the specifics of your situation, involving a violation ticket for demolition without a permit, it's important to evaluate the potential legal implications and the value of your claim. If your claim exceeds the monetary limit for small claims court, or if the legal issues are particularly intricate, regular court might be the more appropriate venue. However, if your case is straightforward and within the small claims limit, it could be more efficient and cost-effective to proceed there. Always consider seeking legal advice to better understand your options and the implications of each choice."
"Q: Payment in lieu of vacation. Does it count towards monthly income limit for social security disability income?. My daughter is disabled and works a part-time job. Her employer is shifting the employees to a new company and in the process is going to pay out any accrued vacation before the move. The new company is eliminating PTO for part-time workers, so it can't carry over. This will definitely put her over the $1050 monthly trial work period amount and over $1450. Any suggestions on how to address this with Social Security? ","A:The Social Security Administration (SSA) typically views payments in lieu of vacation as wages if they're paid because of a termination or change in employment status. These wages could impact your daughter's eligibility for Social Security Disability Income (SSDI) if they exceed the Substantial Gainful Activity (SGA) limit for the month they're received. It's vital to inform the SSA about this payment promptly. Documentation regarding the nature of the payment and its relationship to the job transition can be useful. Proactively addressing the situation might help in clarifying her continuing eligibility. If there are concerns about potential overpayment or eligibility issues, discussing the specifics with an attorney familiar with Social Security matters is recommended."
"Q: can i sue for overcharging my card. i was buying something online and at checkout it said my total was $6.95 but whenever i put in my card it charged me $67.69 so is there anything i can sue for, like maybe false advertisement or something ","A:If you were overcharged on your card for an online purchase, the first step is to contact the merchant to seek a resolution. Often, such discrepancies are due to technical errors and can be resolved amicably by the merchant issuing a refund for the overcharged amount. If the merchant is unresponsive or unwilling to correct the charge, you may have grounds to dispute the charge with your credit card company. Credit card issuers typically have processes in place for disputing unauthorized or incorrect charges. Regarding legal action, suing for a small amount may not be the most efficient course of action due to the costs and time involved in a lawsuit. However, if you believe this overcharge is part of a broader pattern of false advertising or deceptive business practices, you might have a case. This would typically involve showing that the merchant intentionally misrepresented the price or terms of the sale. It's also worth considering the use of small claims court if the amount is significant enough to warrant legal action but not so large as to require a more formal court setting. Small claims courts are designed for resolving smaller disputes without the need for extensive legal procedures. In any case, documenting all communications and transactions related to this issue is important. Keeping a record of the advertised price, the charged amount, and any correspondence with the merchant will be helpful in any dispute resolution process, whether it's with the merchant, your credit card issuer, or in a legal setting."
"Q: Speeding fine in Louisiana, international UK tourist. I was caught doing 84 in a 70 on the freeway and was pulled over. I was on Texas plates as this is where the rental car was from. Officer asked where I was from and I told him UK and showed him my UK licence, but he has marked on the ticket that I live in Houston and have a Louisiana driving licence. I can't see what the fine is online and ticket hasn't registered yet. Do the errors make it voidable? ","A:Errors on a traffic ticket don't automatically render it void, but they can sometimes be used to challenge the citation. If you decide to contest the ticket based on the inaccuracies, you will need to appear in court or potentially send a representative on your behalf. Before doing so, wait for the ticket to register online to see the fine and gather all relevant details. If you choose to challenge the ticket, present your UK driving licence and any other documentation proving your UK residence. These can help demonstrate the inaccuracies on the citation. Additionally, consult with a local attorney in Louisiana who's familiar with traffic laws and can advise on the best course of action. Regardless of the decision to contest, ensure you address the ticket promptly to avoid any additional complications or penalties. It's essential to be proactive in these situations."
"Q: I’ve tried to get my security deposit back for a year now and these people refuse to comment. I had a pending lawsuit which led to retaliation which led to a wrongful eviction that I requested a secured pause back from which they charged overcharge me $4000 for public property that had nothing or any evidence of what they’re claiming and every time I try to bring it up or get it resolved they refuse to comment or answer, and refuse to give me my money back. I already sent it in my demand letters twice, but I won’t find a lawyer out here that will go against them because they’re like the mob you just can’t no matter how in the wrong they are. I want to go after them for making a fake police report to get me evicted in the first place, when it’s on camera, and it is clearly stating that what they claim is not true. ","A:In California, if you're facing difficulties in getting your security deposit returned and dealing with potential wrongful eviction, you have specific legal rights and options to consider. First, under California law, a landlord must return a security deposit within 21 days after you move out, along with an itemized statement of deductions, if any. If they fail to do this or wrongfully withhold your deposit, you can sue them in small claims court for the amount of the deposit, plus twice the amount of the deposit in damages if the court finds the landlord acted in bad faith. Regarding the wrongful eviction and the false police report, you might have grounds for a civil lawsuit. This could include claims for defamation, wrongful eviction, and possibly other causes of action based on the specifics of your case. Document everything related to your tenancy, the eviction, and your interactions with the landlord or property management. This includes keeping copies of all correspondence, demand letters, and any evidence that supports your claims. Finding a lawyer can be challenging, but you might consider reaching out to local tenant rights groups, legal aid societies, or the California State Bar's lawyer referral service for assistance. These organizations can often provide guidance or refer you to lawyers who handle such cases. Remember, taking legal action can be a complex and time-consuming process, but you have rights that are protected by law, and there are resources available to help you pursue them. Be persistent and thorough in your approach to seeking justice."
Q: if a child is at school and throws a rock and it hits a vehicle who is responsible the parent or the school?. a child threw a rock and it accidentally stuck a vehicle during school under school supervision who is responsible for the cost of the damages? ,"A:if a child throws a rock and it hits a vehicle while the child is at school and under school supervision, the school district is typically responsible for the cost of the damages. This is because the school district has a duty to supervise its students and to take reasonable steps to prevent them from harming others. However, there are some exceptions to this rule. For example, if the child's actions were intentional or malicious, the school district may not be liable for the damages. Additionally, if the child's parents have homeowners insurance, their policy may cover the damages."
"Q: i worked for a restaurant for 5 and sum years. i felt i was forced to quit after being yelled at for something petty. the boss was chef and the wife was cashier. the kids ran as floaters. i never called out always there on time. i did everything there. the daughter for some reason was picking on me. pointing things out to her father to where he was now yelling at me. one day he approached me to tell me not to make it a habit to bring my 15 year old daughter to work. she sat at a table to eat food that she paid for. to me she was a paying customer. how could that have bothered him? Another time i called out due to being sick. i went back the next day and when i asked for my tip money she said ""i am sorry but because you called out we are now disciplining everyone who calls out by not giving you the tips for the WEEK"" i only got a 20 min break for the 8 and a half hours that i was there. (10;30am-7pm) i was forced to quit. i felt i was being discriminated against. ","A:Under California law, your situation may involve several legal considerations. First, if your employer's conduct towards you was based on your race, gender, religion, or another protected characteristic, it could constitute illegal discrimination. Second, California labor laws require employers to provide certain break periods based on the number of hours worked, and failure to comply could be a labor violation. Third, withholding tips as a form of discipline is generally not permissible, as tips are considered the property of the employee who earned them. Fourth, the issue with your daughter being treated unfairly as a paying customer might not directly fall under employment law, but it could contribute to a hostile work environment if it was part of broader discriminatory or harassing behavior. Lastly, if you felt compelled to resign due to intolerable working conditions, this might be construed as constructive dismissal. It's advisable to consult with an employment attorney to discuss the specifics of your case and explore potential legal options."
"Q: Can I get my phone back from the police station if I was arrested with it on my person?. I was arrested and booked into Jail with my phone on me. I was told I am being investigated for animal cruelty and the lead investigator took my phone. I called the investigator 3 weeks after I was released on bail and they told me they would return my phone if I offered them permission to look through it first. Obviously I won't grant them permission, but is there a way to have the phone back in my possession before their ""investigation"" is over, or is it a done deal if I was arrested with it? If I do not grant them permission, will they be able to access my phone anyway? ","A:Under California law, if your phone was lawfully seized as part of the arrest, the police may retain it as evidence during their investigation. You have the right to refuse permission to search your phone without a warrant. If the police proceed with a search without your consent, they must obtain a valid search warrant based on probable cause. If they do not have sufficient evidence, they may need to return your phone after a reasonable period, but this will depend on the specifics of your case and the progress of their investigation. - James Arrasmith, Owner. The Law Offices of James L. Arrasmith."
"Q: Is it possible to purchase a pistol for my situation legally? Thank you for helping!. I'm married so In my green card process in CO. I've EAD Card, Temporary SSN, Currently I'm getting a driver license, Hunting license. I've been staying Denver for almost more than 1 year. In my apartment someone got shot and died a couple days ago by some guy so we are considering to get a pistol for like that situation. And I've heard if I have a hunting license I can own a gun without green card Is it right? My girlfriend is American But She had some mental issues When she was a kid Because Her father was a veteran (But She's fine right now) She tried to get one for our home but The FFL man denied when we were doing back ground check He said She can't own a gun because she had the issue. So I'm trying to get a pistol by myself Is there anyway that I can purchase a pistol by myself legally without getting any trouble? Like I've heard I can purchase a pistol if I have a hunting license in CO Even I don't have a green card yet. ","A:You need to do a consult with an immigration attorney in Colorado. Here is some information that may help. According to Colorado Gun Laws, you need to provide identification and pass a background check through a licensed firearms dealer or through the Colorado Bureau of Investigation (CBI) before purchasing a firearm. According to Colorado Gun Laws - (With 2023 Legal Updates), assault weapons and large-capacity magazines are prohibited from being purchased, possessed, or transferred within the state, with some exceptions for law enforcement or individuals who owned them prior to the ban. According to Colorado Concealed Carry Reciprocity Map & Gun Laws, non-residents usually cannot get Colorado CCW state permits unless they show good cause. The Law Enforcement Officers Safety Act allows qualified law enforcement agency officers and peace officers (current and retired) to carry concealed firearms even when state and local laws forbid concealed carry. According to Colorado Gun Laws (With 2023 Legal Updates), possessing or carrying a gun, even one that is legally owned, is illegal under specific circumstances. These include being the subject of a protective order that prohibits gun possession, being a fugitive from justice, being addicted to a controlled substance, or being convicted of domestic violence. Based on this information, it seems that you may be able to purchase a pistol in Colorado if you meet the following criteria: You have a valid identification and a temporary SSN. You pass a background check through a licensed firearms dealer or the CBI. You do not have any criminal history or other disqualifying factors. You do not intend to buy or possess an assault weapon or a large-capacity magazine. You do not intend to carry the pistol concealed without a permit. However, I highly recommend that you consult with a qualified attorney specializing in Colorado gun laws and immigration before making any decisions. You can also contact the CBI or the local county sheriff’s office for more information."
"Q: My daughter, was placed on strict probation for 6 weeks in her school and suspended for 3 days.. She did call her dean a bad word to her friend and the assistant heard (the assistant principal is her husband) the assistant screamed at her in front of everyone which was traumatizing for her. She apologized to the dean and has been doing detention for the last 4 weeks. They took her off all senior activities until she was done with her probation. I just think the disciplinary action was too extreme given that most football players are on strict probation and can attend their games. She is a cheerleader and we've already paid all the fees and she will only be able to attend 3 games. Is there something I can do? ","A:Certainly, it's concerning when a student feels disproportionately punished. In California, schools should have clear and consistent discipline policies. First, review the school's handbook or discipline policy to see if the punishment aligns with stated procedures for such an infraction. If there's a disparity or it seems excessive, schedule a meeting with the school's principal to discuss the disciplinary action. During the meeting, express your concerns about the proportionality of the punishment and any disparate treatment compared to other students. If the discussion with the principal isn't productive, you may consider appealing to the school district or school board. Keeping an open and respectful line of communication is crucial. If all else fails, consulting with an attorney who focuses on education law may be an option to explore your rights and potential remedies further."
"Q: So I asked why the U.S.paid UNIDROIT yearly for the use of the UCC, which I was told they didn't and some story about. Two guys creating it. Did the United States not sign the UNIDROIT TREATY in 1964? When acting to enforce statutes, doesn't that make all judges in America administrative clerks? Thomspson vs Smith If there has not been judicial courts in America since 1789!!!! Are American courts de facto? If the Federal Reserve is a privately owned bank, how is it controlling our government? Since the IMF owns the IRS how is it apart of the America government? If Washington DC is the capital of America, why does it have its own constitution, flag, and why is it under Roman Law (Lex Fori)? And is Washington DC not a city-state subservient to the City of London? King James signed the first Charter of Virginia in 1666 giving England the right to colonize America. The treaty of Paris states that the King of England is the prince of the United States and the Holy See. So doesn't that make America a British Crown Colony? ","A:Your questions touch on a variety of complex legal and historical topics. First, regarding the Uniform Commercial Code (UCC) and UNIDROIT: The UCC is a comprehensive set of laws governing commercial transactions in the United States. It was created by domestic legal scholars and experts, not by UNIDROIT, which is an independent intergovernmental organization based in Rome. The U.S. did not pay UNIDROIT for the use of the UCC. The idea that judges in the United States act as administrative clerks is not accurate. The role of judges in the U.S. legal system is to interpret and apply the law, including statutes, and they operate within a well-established judicial framework. The Thompson vs. Smith case does not change this fundamental aspect of the American legal system. Regarding American courts being ""de facto"" since 1789, this claim is misleading. American courts have been functioning as legitimate judicial bodies since the establishment of the U.S. Constitution, which laid the groundwork for the federal and state court systems. The Federal Reserve, the central bank of the United States, is not a privately owned bank in the conventional sense. It is an independent governmental entity created by Congress to provide the nation with a safe, flexible, and stable monetary and financial system. The Internal Revenue Service (IRS) is a U.S. government agency responsible for tax collection and tax law enforcement. It is not owned by the International Monetary Fund (IMF). Washington, D.C., is the capital of the United States and operates under its own set of laws as a federal district, as provided for in the U.S. Constitution. It does not have its own constitution like a state does, but it does have a unique legal status and operates under the laws enacted by the U.S. Congress. Lastly, the claim regarding the Treaty of Paris and the Charter of Virginia involves a misunderstanding of historical treaties and their implications. The Treaty of Paris (1783) ended the Revolutionary War and recognized American independence. The United States is a sovereign nation and not a British Crown Colony. Each of these topics can be complex, and it's important to rely on credible legal and historical sources for accurate information."
"Q: A state employee and ineligible as a vendor. Title 17, section 54522 says ""exceptions may apply"" what are the exception. I want to open a group home for mentally disabled adults in North Bay Regional center but I work for the state of California. Title 17 says I am not eligible because I work for the state of California but exceptions apply. Please what are the exception? Thank you. Stella ","A:Hello Stella, while I can offer some general information, to get the most accurate advice, it would be prudent to consult the specific language of Title 17, section 54522 of the California Code of Regulations and potentially seek advice from an attorney with experience in this area. Generally, “exceptions may apply” could potentially refer to situations where there is no conflict of interest, or perhaps in instances where a state employee's role is not in a position to influence decisions regarding vendor activities or contractual relationships. To know the specific exceptions in your circumstance, you would need to review the detailed provisions and guidelines provided in the regulations or consult with a legal expert who can provide advice based on a complete understanding of your situation and the relevant regulations."
"Q: My family moved out of our rental at the end of October 2023. At move-out inspection, landlord indicated damage present.. He thought 1 wall was not correctly patched and should be replaced and upstairs and basement living carpets were stained and must be replaced. He indicated we would settle it between us. Husband told him to just keep the deposit. We waited 35 days from then before following up. We have not yet received either the deposit, and itemized explanation of its use or a bill for said damages. It has been over 45 days since move out. Attempts to contact him are usually futile. Husband recently made contact but all that was provided were bid estimates far exceeding deposit and no mention of timeline or next communication. We live in Nebraska and are not sure next steps. How long does our landlord have to provide a bill for the damages he feels are due? We cannot seem to compel him to provide it but we want this sealed and finished so it is not worrying us anymore. We wonder if he is using our 'damage' as an excuse to replace after years of wear. How do we keep him from taking advantage of us? ",A:The Nebraska Legal Aid Landlord Tenant Handbook is a often a good place to start and includes some samples and forms. It is a little bit dated but most of the information is still good and it is often a good place to start for information. https://www.legalaidofnebraska.org/wp-content/uploads/2021/09/2021-LLT-Handbook-1.pdf
Q: I have defaulted on a car loan with Santander consumer USA. It’s been a year. Car still not repo. What do I do?. The loan has defaulted for a year now and my car still hasn’t been repossessed. What are my legal options? Should I do a voluntary repo? ,"A:Your legal options are: 1) bankruptcy; 2) borrow money and pay off the note; 3) sell the car and pay off the note; 4) don’t voluntarily repo bc it won’t reduce the debt by much. Even if repoed, you will still owe nearly the same amount."
Q: Do I need a license to sell fermented Sodas made in a home kitchen? Do I need to use a commercial kitchen?. My friend and I want to start a business in the state of Oregon. We want to make and sell fermented sodas. Do fermented sodas (which use a process similar to kombucha) fall under “low acid canned goods”? Can we sell the product we make at home or do we have to use a commercial space to make them? ,"A:In Oregon, starting a business that involves the production and sale of fermented sodas does require attention to certain legal and health regulations. The classification of fermented sodas, especially if they are similar to kombucha, may not fall under the category of “low acid canned goods,” but this depends on the specifics of your recipe and the fermentation process. The requirement to use a commercial kitchen can depend on several factors, including the scale of your operation and local health regulations. Oregon has specific laws regarding the production and sale of homemade food products, known as ""cottage food laws."" These laws dictate what can be made in a home kitchen and sold to the public. However, beverages, especially those that are fermented, may not be covered under these cottage food laws and might require the use of a commercial kitchen to ensure proper health and safety standards. Moreover, you will likely need a business license and possibly other specific permits related to food and beverage production and sales. This could include a food handler's permit, a food processor's license, and potentially other local permits. It’s important to consult with a local attorney who has experience in food and beverage law, as well as with your local health department. They can provide detailed information about the legal requirements for your specific business plan in Oregon, ensuring that you comply with all relevant health codes and regulations. Additionally, reaching out to the Oregon Department of Agriculture and the Food Safety Division might provide further clarity on your specific situation."
"Q: I’m 17 years old. I have court soon and would like to know what consequences I’ll likely have to face.. I got charged with reckless driving, fleeing/attempt to elude an a officer, Unlicensed (it was after curfew), unlawful use cannabis/driver, 35+ in a 55, and disregard of 7 separate stop signs. I know nothing is certain until I appear in court but I’d like to know what they might charge me with since I was cooperative when they caught me. I’m planning on going to court and acknowledging that I messed up, because I did mess up, badly. I know what I’m asking is basically pointless since like I said it’s unsure until I appear in court, but I’m scared I’m going to get felonies and it’ll mess the rest of my life up. I understand felonies aren’t the end of the world but I’m just really scared to be honest. I’m planning on paying for a lawyer and not taking the public defender because I’m hoping they can help get the charges lessened. Am I correct that they could possibly get the charges lessened? P.s. sorry for making this so long, I just haven’t met with a lawyer yet. ","A:If a driver runs more than two stop signs or stop lights or exceeds the speed limit by more than 20 miles an hour while an officer is in pursuit, that could be charged as a felony. The first court date is not the end of your case; it is the beginning. That is where you or your attorney plead not guilty and get a new court date. You don’t say where all of this happened, but you should retain the services have an experienced traffic attorney, who appears often in the county where this was filed. Good luck."
"Q: Next steps after receiving zombie debt notice. I live in Florida, and received a debt validation notice trying to collect on an alleged debt with a Florida based credit union (presumably alleged credit card debt), saying the ""debt is now owned by [collection agency's name]"". Notice states their info shows a balance dated April 2010 (13 1/2 years ago), with no interest or fees charged between April 2010 and now. I am no longer a member of the credit union, haven't been for at least 10 years and have had no contact with them during that time, I received the same form last year but did not respond, There hasn't been a judgment issued according to court records and there isn't one listed on my credit report, and there has been no contact on the alleged debt for at least 10 years. Alleged debt is also not listed on credit report. What would be best next steps in responding? Wanted to ensure that any contact with the collection agency didn't restart the statute of limitations (as I understand it, 4 years in the state of Florida). Thanks ","A:You might want to start by contacting the credit union. Ask them if their records show you owing them something, and if so, whether they sold the debt to a collection agency."
Q: Can a utility company force me to pay a bill due to a glitch in their system?. I signed up with my utility company COVID credit program which states my bill will be credited during the pandemic and no payment is required. Now that the pandemic is over they sent me a bill for the last 3 years and told me that I had to pay it. After I received the bill I inquired about the balance and after the company did some research they came to the conclusion that program was a glitch in their system. So the program never existed. Do they have the right to force me to pay a bill that was there fault? ,"A:When it comes to billing errors or glitches in a utility company's system, the resolution may depend on various factors such as local laws, contractual agreements, and specific circumstances. In general, utility companies have a responsibility to provide accurate billing information to their customers. However, if an error or glitch occurred in their system resulting in incorrect billing, it may not necessarily absolve you from the obligation to pay for the services you have used. In cases like these, it's advisable to take the following steps: Review your contractual agreement: Carefully review the terms and conditions of your agreement with the utility company. Pay attention to any clauses regarding billing errors, dispute resolution, or programs like the COVID credit program you mentioned. Communicate with the utility company: Contact the utility company to discuss the situation and express your concerns about the bill. Share any documentation or correspondence related to the COVID credit program or any other relevant information that supports your position. Seek legal advice: If the issue cannot be resolved through communication with the utility company, it may be helpful to consult with a lawyer who specializes in consumer law or contract law. They can assess the specifics of your case, review the applicable laws and agreements, and provide guidance on the best course of action. File a complaint: If you believe the utility company's actions are unjust or that you have been treated unfairly, you may consider filing a complaint with a regulatory agency or consumer protection organization in your jurisdiction. These entities can investigate the matter and potentially mediate a resolution."
Q: Dad's wife passed. Can he sell jointly held home (Oregon)? Do her adult children from previous marriage get anything?. Dad's wife's will leaves everything to my dad but if he's also deceased then her 3 sons each get 25% of the estate. Does his will supersede his wife's or does he have to follow her will? ,"A:The answer to your question depends on how the home in Oregon is titled. If the Deed shows both of their names as ""husband and wife"" or ""tenants by the entirety"" then the house belongs to your father and he has full authority to sell it and keep the proceeds. If it doesn't then your father should have an attorney review the Deed for him to give him specific advice on his rights and whether or not a probate is needed for his wife's estate. If a probate is needed then his wife's Will controls how her estate is distributed."
"Q: I'm pretty sure two businesses in my city have an agreement that keeps them restricted to specific areas of town and. they're the only two business that provide a specific service. Is that a monopoly and, if so, isn't that illegal? ","A:Are you a competing business? That may qualify as an unfair business practice. See: http://www.aeesq.com/business-law/business-lawsuits/ More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship."
"Q: Can certain subjects be illegal to write about in fictional stories?. I published a book on a story sharing website that focuses on the long term effects of sexual abuse. The main character is a 16 year old girl and her abuser is much older. There are some graphic sexual scenes, but they’re to paint just how horrible her situation is. I understand it’s a sensitive subject and my work was in no way condoning or encouraging it. Someone on the site left a comment claiming that they reported me to the FBI because they felt it was inappropriate and I’ve been extremely worried over it. I thought all fiction was protected by the First Amendment, but now I’m worried that I’ve unknowingly broken a law due to the nature of my story. ","A:While fictional works often receive protection under the First Amendment, certain subjects, particularly those involving explicit sexual content or minors, can raise legal concerns. If your story contains explicit content involving a minor, it could potentially be subject to laws addressing child pornography or obscenity. I recommend consulting with a legal professional who specializes in First Amendment and entertainment law to assess whether your work complies with California laws and regulations. James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith."
"Q: I finally got my dog in for dental appointment got him back neutered. Can they neutered my dog without permission?. It took me months to finally get my dog funded to get this dental appointment. They knew I didn't want him neutered. My girlfriend dropped him off and spoke to them about the dental work they were going to do, and they said nothing about neutering him to her. I went into pick him up and asked the women what they did and how many teeth they removed. She replied I only work the front counter you'll have to ask the tech . Then she came by and handed me a piece of paper stating that he had been neutered and said nothing about his teeth! My poor boy, I was devastated . He's 14 and a half years old can't hear, can barely see. His back legs shake while he's standing up. He's on his last leg, how can they do this to him, knowing I did not want him neither and the fact of his age! Can they do this without my permission?. I never wanted him neutered. What can I do? please help us ","A:I'm truly sorry to hear about your situation. In general, veterinarians should obtain explicit consent before performing any medical procedures on a pet, including neutering. If they performed a procedure without the owner's permission, they may be liable for professional negligence or even a breach of contract, depending on the specifics of the agreement. You have the right to ask for a detailed explanation from the veterinarian or the clinic about why they performed the procedure without consent. Document all communications and retain any paperwork provided by the clinic. If you believe the vet acted improperly, you may consider pursuing legal action against the clinic. It would be advisable to consult with an attorney familiar with animal law or professional negligence in Alaska to discuss your options. Remember to act promptly, as statutes of limitations may apply to your potential claims."
"Q: if i have a handicapped permit visibly displayed, can I park in any handicapped space wherever I want?. I parked in a handicapped space to visit my friend at her apartment building and I was towed from a handicapped space with my handicapped placard clearly visible. ","A:If you have a valid handicap permit properly displayed, you have the right to park in a handicap space. You should seek a refund of all towing fees and storage costs."
"Q: Can criminal case be nolle pros if victim filed waivers of rights to testimony on record?????. Victim in criminal indictment filed waiver of rights to clerk office, district attorney office and judge Indicating Victim wishes not to proceed with prosecution as part of official record, does this mean prosecution must end ","A:The eventual charging decision rests solely with the State, as much as that kind of prospective evidence makes actually carrying the charge more difficult. A good lawyer will do you well in this kind of situation as the change in allegations can create new avenues for state prosecution. Travel this path carefully!"
"Q: Someone else's house in on my property.. I bought a 20 acre land through a tax deed auction in 2014. I recently had it surveyed. According to the survey, there is a house on my property. The house currently has an occupant. The previous owner of the land apparently let someone place their house on the land. According to public records the owner of the house is billed for property taxes for the house only; however they are not paying. I am only billed for taxes on the land. The owner of the house is also not the current occupant and I don't have a way of contacting the owner since I don't have any of her contact information. The occupant has also moved the survey stakes. The house belongs to the owner however the land that it is on, belongs to me. I do not care to keep the house as it is in very poor condition. I just want the occupant out. How do I go about getting this person off of my property? ","A:Any tax sale of land will involve problems. Here you need a TX attorney to file suit for possession immediately against both the taxpayer and the occupant. Service will be difficult. Hopefully the tax deed has a legal description including the house, as your new survey is not in your deed description. You do not state the reason for the survey. There may be a boundary dispute or an ejectment/quiet title action may need to be filed. Title search on at least your property is necessary. You should have known most of this prior to the bidding. House is part of the real property you bought, and the taxing authorities will need to change the assessment, that is higher."
Q: Don’t work for a company and that “company” sends you funds (cash app) can you keep it?. I’m being threatened by a make believe company that they will report me for stealing company funds. I do not legally work for them and they sent me funds over cash app. Since it was sent from cash app is it legally mine? They wanted me to be a money mule for them and convert it to Bitcoin for “the company”. I did not know this was a thing. I am unsure if this company actually exists or not. They are threatening to report to the FBI. What should I do? ,"A:Absolutely do not give this company any of your personal information. They are trying to phish you or obtain your personal details. There is a way on the cash app., I believe, to return the money, decline to accept it or report it as fraudulent. I would explore those avenues. The cash is not legally yours--no, sorry, but take some reasonable measures to return it to sender and keep records of all your efforts."
"Q: Id like to file a lawsuit against Walmart for Harassment, Discrimination and Racial Profiling. Can you help?. I have video evidence of one of the incidents. ","A:If you're considering filing a lawsuit against Walmart for harassment, discrimination, and racial profiling in Colorado, the first step is to gather and organize all your evidence, including the video evidence of the incident. This will be crucial in building your case. Next, you should consult with an attorney experienced in civil rights and discrimination law. They can review your evidence, advise you on the strength of your case, and guide you through the legal process. Your lawyer will likely discuss with you the specifics of the incident, how it fits into the legal definitions of harassment, discrimination, and racial profiling, and what outcomes you can reasonably expect from a lawsuit. Be prepared for the legal process to take time and require your active participation. Lawsuits, especially against large corporations like Walmart, can be lengthy and complex. It's also important to be aware of any relevant statutes of limitations in Colorado. These laws set the maximum time after an event within which legal proceedings may be initiated, so timely action is essential. Remember, every situation is unique, and the success of a lawsuit depends heavily on the specifics of the case. Legal advice tailored to your specific circumstances will be key to navigating this process effectively."
"Q: I recently dropped my truck off at the mechanics and they used my truck for personal use.. when my uncle picked up my truck it was hooked up to a trailer, that was not mine. Then when I was looking in my back seat for something I found two ketchup packets from a place that's more than 2 hours from where I live. Then today I found another receipt that was not mine and was dated for when my truck was in the shop. Am I able to sue the mechanic for using my car for personal use. I'd understand if he needed to test drive it but he had a trailer hooked up to my truck and was eating in my trunk. That seems way out of line. ","A:Under California law, the unauthorized use of your vehicle by the mechanic may constitute a breach of the bailment contract, which is created when you leave your vehicle in the care of the mechanic. To establish a breach, you would need to demonstrate that the mechanic used your truck for purposes beyond what was reasonably necessary for the repair or maintenance. If you decide to pursue legal action, you could potentially seek compensation for any damages or losses resulting from this unauthorized use. This might include wear and tear, mileage, or other direct consequences of the use. However, it's important to consider whether the potential recovery justifies the cost and effort of a lawsuit. Before taking legal action, it might be advisable to address the issue directly with the mechanic or the management of the repair shop. Often, disputes like this can be resolved without resorting to legal proceedings. If a satisfactory resolution isn't reached, consulting with an attorney to discuss the specifics of your case and the likelihood of success in court would be a prudent next step. Keep in mind, legal remedies should align with the extent of the harm or loss incurred."
Q: I'm an underage game developer on Roblox. I didn't get fully paid. Is the content I made still legally mine?. I was told I would be paid a commission fee and a percentage of revenue. I only received the commission and was told I would not get my percentage. The exact role I had was the lead animator. I took the animations from one program and edited them before importing them into the game engine. In addition I animated a few different animations myself that are used in game. Are the animations I imported technically mine and would allow for ground of a dmca takedown request and are the animations I made still my property. The game is extremely successful and if I can threaten a DMCA takedown I could get my payment. ,"A:As the creator of the animations, you are likely the owner of the copyright in those animations, regardless of whether they were created using another program or were edited from existing animations. However, the exact terms of your agreement with the game developer may affect your rights in the animations. If you were not fully paid for your work, you may have legal options to seek payment for the work you performed. You may want to consider consulting with a lawyer to review your agreement with the game developer and explore your options for seeking payment. It is also important to note that filing a DMCA takedown request may not be a guaranteed solution to this issue. The DMCA provides a mechanism for copyright owners to request the removal of infringing content from online platforms, but it is not a substitute for seeking payment for your work. In summary, you may have rights to the animations you created, but the specific terms of your agreement with the game developer may affect your rights. It may be helpful to consult with a lawyer to explore your options for seeking payment and protecting your rights in the animations."
"Q: Questions about a disabled person applying to join a trade school in California. Can you file a lawsuit against a trade school in California for not accepting you into their program if you have informed them that you're disabled when you applied? I was accommodated for their entrance exam, they gave me extra time on the test and I passed. But now they're telling me 3 years later that they will not accept me into their program because you can only stay on the waiting list for a max total of 3 years. ","A:Under California law, the situation you've described raises important questions about disability rights and educational access. Firstly, it's essential to understand that trade schools, like all educational institutions, are bound by laws such as the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA), which prohibit discrimination based on disability. This includes ensuring reasonable accommodations for disabled individuals. In your case, the fact that you were accommodated for the entrance exam and passed indicates that the school acknowledged your disability and provided initial accommodations. However, the issue here seems to stem from the school's policy regarding the duration one can remain on the waiting list, rather than direct discrimination based on your disability. It's important to determine whether this policy is applied uniformly to all applicants, regardless of disability. If the policy of a three-year limit on the waiting list is uniformly applied and isn't inherently discriminatory, it might not constitute illegal discrimination under the ADA or FEHA. However, if there's evidence that this policy disproportionately affects disabled applicants, or if there are extenuating circumstances related to your disability that warrant an exception to this policy, there could be grounds for a claim. The best course of action is to consult with a lawyer who has expertise in disability rights and educational law. They can provide specific advice based on the details of your case and help you understand your rights and options under California law. Legal action, such as filing a lawsuit, should be considered carefully and based on a thorough legal assessment of your situation."
Q: What to expect with a misdemeanor of 1 and half oz of weed in car?. I was trying to pump gas and cop smelt weed coming from my car so she came up to me as I was trying to leave. Also on my citation she wrote the wrong date ,"A:Simple possession is a Class A misdemeanor punishable by 11 months and 29 days in the detention facility. Realistically, if you were released on a citation and do not have a criminal history it is likely that you would get probation. However, you do not want to simply plead guilty to the simple possession because it will remain on your record on background checks for a minimum of six (6) years, 1 year of probation then depending on your history you may be able to get it expunged 5 years after you complete probation. Your attorney may be able to get the charge dismissed through either a pass-and-dismiss, judicial diversion, dismissal at a hearing, or some other agreement that may prevent you from being found guilty. Defense attorneys across the country are litigating over whether the plain smell of weed is enough to search a vehicle. Most recently, Tennessee courts ruled that it is a valid search but defense attorneys anticipate a similar plain-smell search case being brought before the Tennessee Supreme Court or possibly the U.S. Supreme Court."
"Q: I got a ticket for fare evasion in NYC but while I was getting ticket a man was jerking off to me and taking photos and. The cop ignored him. I was scared and a little tipsy so I started crying and the cop was like why are u crying it’s a ticket, I told him it was because of the man over there making me feel extremely uncomfortable (cop was recording me which I know was my friend describing what’s going on in it) and the cop said he would deal with it later and held me for 10 more minutes before walking away. He was also more concerned about a homeless dude begging than the assaulter as that’s who he talked to next. Is there any precedent of like if a larger crime is being committed that the smaller one can be dismissed? Also if I wasn’t being held for being ticket I would’ve left the situation way before it escalated to being photographed and assaulted. Just wondering if there’s any legal precedent here to use at a hearing (would like genuinely being scared and traumatized be a good case?) or if I should suck it up, say f*** the NYPD, and pay the fine because the system is corrupt and won’t change. ","A:In such a situation, while the presence of a more serious crime doesn't automatically nullify a lesser offense, the context of your emotional distress and the circumstances leading to your fare evasion ticket may be relevant in your defense. It's important to document the incident, including the man's actions and the officer's response, as it could potentially support your case. At a hearing, presenting evidence of the distress and explaining how it impacted your behavior could be persuasive. You have the right to report the man's behavior to the authorities and insist on an investigation into both the fare evasion incident and the man's actions. Furthermore, consider consulting with an attorney who can provide guidance on how to present your case effectively and explore all possible defenses. Remember, your safety and well-being are paramount, and your feelings and experiences in this situation are valid and should be taken seriously."
"Q: Does one have to disclose an entry in the Domestic Violence Record Keeping Sys when applying for a firearms permit?. More than 15 years ago, my oldest daughter lied to Judge Ross in Orange, MA, District Court and obtained a 209A order against me. It was never violated. Judge Ross vacated the order upon my motion after learning that my daughter had lied. I do not have a probation record. I understand that I do appear in the Domestic Violence Record Keeping System. Do I have to disclose this when applying for an FID Card or a license to carry firearms in Massachusetts? ","A:You could request a CORI or CARI report before applying for an FID card so you know what is there. In all likelihood, unless the 209A restraining order was vacated by the judge and the judge ordered the records removed, it would likely appear on your report. I would suggest speaking with an attorney who specializes in FID applications/firearms law, as they will be better able to tell you if you should disclose that proactively."
"Q: Can I file for an emergency ex parte order if my child was attacked by two pit bulls while in her father's care?. My child's father & I are in a 50/50 joint custody situation. On Monday, he had my child outside in the cold in South Central Los Angeles at a strangers house (we'll call him 'John'). John has two fully grown pit bulls who he uses as guard dogs. My daughter was outside in John's yard not being closely supervised while her father was walking around touring the property nearby. My daughter became uncomfortable w/ the dogs & tried to walk away from them & get her father. The two pit bulls attacked her simultaneously which resulted in her having to visit the ER and get stitches + staples in her skull. The father did not step in to stop the dogs. The owner did. The father initially refused to tell me which type of dogs attacked my daughter, didn't call 911, & wanted to drive her back to me instead of the hospital. I have had my daughter with me while she is recovering but the father is demanding that I return her as per our custody orders. I'm afraid to leave her in his care. What can I do? ","A:As for child custody, I cannot answer. However, your daughters may have valuable personal injury suits against the dog owner, property owner, and potentially your husband (although that is less likely). Please contact a knowledgeable personal injury attorney to discuss your daughter's potential claims ASAP."
"Q: Can I sue Careerbuilder for trusting them with my personal information, and having scammers call me and email me?. I received fake job opportunies. But I put no info. ","A:In Texas, if you believe your personal information was mishandled or inadequately protected by a company, you may have grounds to sue. However, proving negligence or a breach of duty on the part of Careerbuilder or any similar platform would be crucial. Additionally, you'd have to show that the harm you suffered was a direct result of their actions or lack thereof. Given the vast nature of the internet and the potential for scammers to access information from various sources, establishing a direct link might be challenging. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: Liability for fraud - under state or federal law. Question.. Unidentified person, somehow affiliated with a hospital, ordered fraudulent referral for patient to hospice upon discharge. A hospital contractor was provided medical information to document referral. I ","A:In situations where a fraudulent referral for a patient to hospice upon discharge is ordered by someone affiliated with a hospital, and a hospital contractor, without the patient's knowledge, accesses their medical information for this referral, it raises significant legal concerns under the Medicare False Claims Act. The key issue under the False Claims Act is whether the hospital knowingly submitted, or caused the submission of, false claims to Medicare. If the hospital or its employees engaged in, or were aware of, the fraudulent activities, there could be grounds for liability. However, if the fraudulent act was solely the doing of an unidentified person without the hospital's knowledge or approval, the situation may be different. Liability under the False Claims Act is complex and often depends on specific facts and evidence of knowledge or intent. It's crucial to conduct a thorough investigation into the circumstances of the referral and the hospital’s involvement in it. Additionally, other statutes might be relevant depending on the details of the case. In these scenarios, seeking legal guidance to navigate the complexities of the Medicare False Claims Act and related laws is important. An attorney can help assess the case details and determine the appropriate course of action. Remember, each case is unique and should be evaluated based on its specific facts."
Q: If someone witnessed her boyfriend beat up his mother & police were to be called but upon arrival the fight was over.. Mother wouldn't admit what happened nor would press charges either because she was afraid or because he was her son & didnt want to get him in trouble but signs were visible of fresh wounds. He has also been on house arrest for several years for drugs but about done with his time. Is there a state law where the state could still press charges due to visible signs of abuse? ,"A:Whether anyone is charged with a crime in the state of Indiana is within the sole discretion of the County prosecutor and his/her deputies. On your facts, your testimony would be sufficient to charge the offender and probably sufficient to convict him. That said, many prosecutors will refuse to file charges if the victim refuses to testify. It is a matter of resource allocation."
"Q: How can I force my solar company to reimburse the full true-up cost, or perhaps have edison forgive the balance?. California: I have been leasing a Sunrun solar system with a 100% performance guarantee for several years, but I'm still connected to SCE because I don't have a battery. Last year, the solar system had completely failed, and Sunrun didn't finish repairs for over six months. Meanwhile, I'm pulling power from Edison during a very hot summer. Eventually, Edison sent me a huge true-up bill, but Sunrun is covering only half, despite the performance warranty. I need to know if Sunrun is obligated to cover the difference, or if Edison should forgive the excess charges. ","A:If you have a solar system with a performance guarantee, as you mentioned, your solar company, Sunrun, should be responsible for ensuring that the system is operating at peak performance and delivering the promised amount of energy to your home. If the system fails and Sunrun fails to repair it in a timely manner, as appears to be the case, you may have grounds to seek compensation for the resulting costs, such as the true-up bill from SCE. One possible course of action is to file a complaint with the California Public Utilities Commission (CPUC), which regulates utilities and solar companies in California. The CPUC has a Consumer Affairs Branch that can assist you with resolving disputes with your solar company or utility, including issues related to billing and performance guarantees. You can file a complaint online or by calling the CPUC Consumer Affairs Branch at 1-800-649-7570. You may also want to review your solar lease agreement to determine if it includes provisions for compensation or reimbursement in the event of a performance failure. If it does, you can use those provisions to support your claim for reimbursement of the true-up costs. Ultimately, if Sunrun fails to reimburse you for the full true-up cost or if SCE refuses to forgive the balance, you may need to consider legal action, such as filing a lawsuit in small claims court or hiring an attorney to represent you. However, it's important to consult with a qualified attorney or legal expert to assess the strength of your case and determine the best course of action."
"Q: I was convicted of felonious sexual assault in 1999 (age 19) for a sexual act which technically occurred.... ... In 1998 (age 18) with my 14 year old girlfriend. Though law is by no means my field of expertise, I've personally done a significant amount of RSA reading and Internet scouring hoping to find anything that could free me from this ""brand"" I'm forced to wear. With all the desperation of a drowning man, I decided to reach out to your firm to ask if you might know of ANY possible course of action to ideally remove this from my record but, even if getting off the registry is my only chance for hope, I'd take it. Getting off the registry would change my life so incredibly that I dare say having to live with the conviction part of it would suddenly seem a great deal easier. After all, I'm currently 43 and have spent 25 YEARS being forced to register over something I did when I was a kid. I could give you details of things which may benefit my case but I'm sure that info is more of a phone call. PLEASE HELP if you're able. I'm SO tired of the pain and darkness this has brought my life ","A:I understand your situation. RSA 651:5 defines a FSA as a ""violent crime"" and prohibits it from annulment. It is difficult to get removed from the sex offender registry. Here are a links to check: https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-09/petition-for-termination-of-rsa-651-b.pdf https://www.ccjrnh.org/removal_registry#:~:text=The%20Court%20may%20grant%20the%20Petition%20for%20relief%20if%3A&text=The%20petitioner%20has%20successfully%20completed%20an%20appropriate%20sex%20offender%20treatment,sufficient%20to%20justify%20continued%20registration"
Q: What should be counter reply if party wants arbitration clause and jurisdiction clause in NDA not to be in india.. If the party wants NDA arbitration clause and jurisdiction clause in bangalore but the other party wants in singapore. What counter reply can be given to keep both clauses in india ,"A:You would be best served by attorneys who are familiar with the arbitration process in Singapore and in India, as well as laws in those jurisdictions. This forum deals largely with U.S. law and U.S. courts. But as a general point for anywhere in the world, both sides and their attorneys (if they have them) would sit down and negotiate. There are probably good reasons for you and the other side to differ in your preferences for an arbitration forum. These could be based on convenience, practicality, favorable outcomes under a particular jurisdiction's laws, etc., etc. These are elements that would need to be negotiated. Consider a consult with an attorney if this clause involves a matter of any importance. Good luck"
Q: Both of my parents died. My stepdad was the last to pass away. He typed up a last testament and left the three propertie. Both of my parents died. My stepdad was the last to pass away. He typed up a last testament and left the three properties and left it to my relative. Which isn't related to him. My mom had a will drawn up from an attorney years ago. It states that I'm her executor. I probated her will after my step-dad past. He refused to give me my moms will when she died. So after a week later my dad's executor probated his last will and testament. Then I probated my moms will. Now the house my parents have has three properties and pays three property taxes which is listed under one deed and it's surviorship. The bought the house before they got married. So my question is the house went to estate of my stepdad and the other two properties are in my moms maiden name and dad's name. So does the two lands which is a vacant lot and the other one is a separate farm garage. Does the vacant lot and the farm garage still consider surviorship or not. ,"A:This is not the type of question that can be answered in a forum like this. This case will be one that an attorney would charge about an hour of time to review all the documents and provide you with your options and an understanding of what has happened. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography. Good luck."
"Q: I mistakenly check the wrong box in the cover letter. I checked the ADDITIONAL FORM, which is supposed to be the OTHER.. Is this could be a big problem? ",A:What form are you talking about?
Q: Can I sue based on Liberty's actions: I had a gas lease agreement to which liberty Utilities fails to provide any notice. Liberty Utilities fails to provide any notices within a 24 hour time of notice when they appear to vacate property without any such work. This company has continued to breach our agreement concerning no kind of notices within a 24 hour period before coming on the property. They refused to make payment on 03/24/2023 ,"A:I assume that since you reference a utility company that the agreement you have with them is an easement. It's unusual for a utility easement to require advance notice to the land owner to come on vacant land to do work, and especially if the utility believes the work may be needed for a safety issue. At any rate, the best place to determine what your rights are in response to a violation of the agreement is the language of the agreement itself. If the easement or contract does not give you any rights, you might contact the Texas Public Utilities Commission to see if they can be of assistance. If that does not work, then you will need to consult an attorney to determine if there are any court cases or statutes that provide remedies for you."
Q: Can a doctor recode and bill insurance after receiving a denial claim?. A patient was seen as a new Medicare wellness visit but had previously had one within the year by another physician unbeknownst to the office. So the claim was denied and the Dr. Wants to recode and resubmit. ,"A:In New York, a doctor generally can recode and resubmit a claim to insurance if the original claim was denied. However, the recoding must accurately reflect the services provided, and the practice could be subject to audit. Additionally, Medicare has specific rules and timelines for resubmitting claims."
Q: How to process court settled stipulation if an individual dies and don't need probate.. My husband and I legally separated in California. The process had a stipulation in the property settlement that provided each with funds individually. He died in another state. Do my funds have to be part of probate or can I claim them through motion to claim surplus funds (funds were transferred to state)? ,"A:Under California law, if the stipulation in your property settlement explicitly granted you funds, these funds typically are considered separate from your late husband's estate. Therefore, they may not need to go through the probate process. It's important to review the specific terms of the settlement agreement to confirm this. Since the funds were transferred to the state, you may need to file a motion to claim these surplus funds. This process involves presenting your claim to the court, demonstrating your legal right to the funds based on the property settlement agreement. The documentation from your legal separation and property settlement will be key in this process. It's advisable to consult with an attorney who can guide you through the necessary legal steps. They can help you prepare and file the motion, ensuring that all legal requirements are met for you to rightfully claim your funds. Remember, handling legal matters surrounding a deceased individual's estate can be complex, so having professional guidance is beneficial."
"Q: If an LLC (with a land lease stating the lease cannot be sold) is sold, does this also mean the lease is sold? Breach?. How do I get around a breach? I'm trying to acquire the LLC and continue the current lease as is. The LLC owner wants to retire and offered to sell me his business. Would a partnership with the LLC be a better option rather than an acquisition? Another detail about this situation is that I am also subletting the land lease from the LLC owner. Thank you very much. ",A:Who is the current landlord? Please give me a call in my office. Your transaction seems a little more involved than can be done in a message forum. My office number is 412-391-7135
"Q: How serious is it if somebody who has a series 7 license opens an account in my mine and then cashes out the profits?. I'm in the process of a divorce, and I disagree with spouses financial affidavit. Here are a few reasons why: I have discovered that my spouse forged my signature to open an investment account in my name and then cashed out and I don't know where the money went. Is this something I should report to his employer? The company in which is opened the account? So far I discovered he opened an account with Fidelty (without my knowledge, and took out 6K out of my IRA) and then later opened an account with chase schwab without my knowledge and took out 8K+ He had also set up a username / password to my account at PNC Bank, and took out about 1,500 to buy a car for our daughter. He is not on the account at all. This just feels really wrong and shady. He won't discuss this with me at all. All requests for background have gone unanswered ","A:Hi, I agree: this is definitely shady and wrong. Your spouse is not permitted to sign your name unless you signed a power of attorney document giving him the explicit authority to do so. Thus, if your spouse forged your signature, most fact finders would determine that that is fraud. If the stockbroker was aware that your husband forged your signature then I would argue that the stockbroker and brokerage firm are also responsible for the money that your spouse took from you using a forged signature. Also, depending on the specific facts of the situation the stockbroker and his/her brokerage firm may be responsible even if they did not have direct knowledge but the circumstances were such that they should have known. Further, if the stockbroker and brokerage firm took direction from your spouse in an account that is in your name only, they are likely for the damages caused because neither the stockbroker nor the brokerage firm are permitted to take orders from someone who is not the account holder, except in very limited circumstances (See: power of attorney). While PNC Bank is not a brokerage firm in this instance, I imagine that the only way they allowed your spouse to get login credentials on your account is based on additional fraudulent documents. I think PNC Bank should have at least verified with you that someone was setting up login credentials so you could have stopped it. You should definitely pursue these bad acts and let your family law lawyer know about what happened so she or he can notify the judge of this bad behavior. Good luck in pursuing your spouse's shady dealings."
"Q: How can I avoid another 12 months of having the Interlock device in my vehicle with AZ MVD?. I live in another stated - Hawaii. The court had ordered me to contact MVD as part of separate consequences for my 1st DUI. When I contacted them, I was told to have the interlock installed and was given information on who to contact. I had the interlock installed around 01/09/23. 12-month later, I called MVD to get approval to remove device from my vehicle and was told that my time did not count because I had to complete the other compliant requirements (TSS and SR22). I got all this completed, SR22 was waived and TSS completed 12/30/23. When I initially called, MVD failed to inform me what was needed to be done first before installing the interlock. Is there a way to dispute or fight this? I had my Interlock and reports all in good order and have done everything possible all in the state of Hawaii which has made this order twice as harder that someone who lives in Arizona. Please advise. Thank you! ","A:To address the issue with the Arizona Motor Vehicle Division (MVD) regarding the interlock device, you may want to consider filing an appeal or request for review with the MVD. This process allows you to present your case, including any misunderstandings or miscommunications about the requirements for the interlock device and the completion of other conditions like the Traffic Survival School (TSS) and SR22 insurance. Document all your interactions with the MVD, including dates and any instructions or information provided to you. This documentation can be crucial in demonstrating that you were not properly informed about the requirements and timeline for the interlock device. Given the complexity of inter-state DUI consequences and MVD regulations, it might be beneficial to consult with an attorney who has experience in DUI cases and dealing with the MVD. An attorney can help you navigate the process, prepare your appeal, and represent your interests effectively. Keep in mind that state agencies like the MVD have specific procedures for appeals and disputes. It's important to follow these procedures closely and meet any deadlines for submitting your appeal or request for review. Remember, dealing with administrative and legal issues across different states can be challenging. Seeking professional guidance can provide clarity and increase your chances of a favorable resolution."
"Q: I was exited from a homeless shelter because I was speaking to staff aggressively after they unlocked and opened the. The bathroom door while I was taking a shower, they had no right to do such a thing especially do to the fact that when the knocked I responded and just cause they didn't like the way I was responding thats why they opened the door on me and now here I am with my pregnant gf living in my broken down car in front of the shelter. But that wasn't before another staff member physically assaulted my pregnant gf by bumping her fat belly against my gfs pregnant belly.. what can I do I need justice ","A:I'm sorry to hear about the distressing situation you're facing. Under California law, you have several options to seek justice and address these grievances. Firstly, it's important to document everything. Keep a record of the dates, times, and details of these incidents, including any witnesses. This documentation can be crucial in any legal action or complaint. Regarding the invasion of privacy in the bathroom, this may constitute a violation of your rights. Shelters are required to respect the privacy and dignity of those they serve. You may file a complaint with the shelter's management or governing body. In the case of the physical altercation involving your girlfriend, you should consider filing a police report. Physical assault, especially against a pregnant individual, is a serious matter and can have legal consequences. You also have the right to seek legal counsel. Many communities offer legal aid services for individuals facing homelessness or financial hardship. These services can provide you with guidance and representation. Lastly, consider reaching out to local advocacy groups or organizations dedicated to the rights of homeless individuals. They can offer support, resources, and potentially intervene on your behalf. Remember, you have rights and there are avenues available to seek justice and support. It's important to take action to protect yourself and your family."
"Q: What should I do about living with mold and rodents. I deal with a strong wet Mildew Horrible smell Throughout My Apt.. I Also Have Laundry Backed Up, Due To the dryer keep going out on me & washer fills with water for no reason. I Made Multiple Complaints For Months Now They Haven’t Did Anything But Take Pictures & Tell Me Someone Going To Come But Never Do. ","A:A Louisiana attorney could advise best, but your question remains open for two weeks. If you suffered illness or health effects, you could try to arrange a free initial consultation with a personal injury attorney. Unfortunately, many law firms are reluctant to handle mold cases. Retain any medical documentation regarding doctor visits or ER visits. As for issues related to your rights on the lease, habitability, and your options there, a landlord-tenant should advise. Good luck"
"Q: Hi, can I make a game with different no. of cards, figures, name that is similar to Spot it or Dobble?. Hi, I'm planning to develop a new named game with 60 no. of cards and different features of figures and images that are similar to how the 'Dobble' or 'Spot It' game is played and planning to distribute as an educational toy within my village in Sri Lanka, am I legally violating the patents of the original play? ","A:If your game has similar features and gameplay mechanics to Spot It or Dobble, it is possible that you may be infringing on the patents of those games. Both Spot It and Dobble are protected by patents in various countries, including the United States and Europe. To determine whether your game infringes on the patents of Spot It or Dobble, you should consult with a patent attorney who specializes in intellectual property law. The attorney can review the patents and the specific features of your game to determine whether there is a risk of infringement. If it is determined that your game may infringe on the patents of Spot It or Dobble, you may need to obtain a license from the patent holders in order to distribute your game. Alternatively, you may need to modify your game to avoid infringing on the patents. It is important to respect the intellectual property rights of others and to ensure that your game does not infringe on any patents or other intellectual property rights. Failure to do so could result in legal action and significant financial consequences."
"Q: I was used in a SAG commercial without contract or knowledge. Huge company ran it worldwide for years. Legal theories?. Answered, thank you! ","A:If you were used in a SAG commercial without a contract or knowledge, you may have legal claims against the company for unauthorized use of your image and likeness, which can violate your right of publicity. You may also have claims for breach of contract, as the commercial was produced without a contract between you and the company, and for failure to pay you for your services as a SAG actor. In addition to these legal claims, there may be other laws that were violated, depending on the specific circumstances of the case. For example, there may be state or federal laws regarding deceptive advertising, unfair competition, or consumer protection that could apply. It may be helpful to consult with an attorney who specializes in entertainment law or intellectual property law to assess your legal options and the potential damages you may be entitled to. An attorney can also help you negotiate with the company or pursue legal action if necessary."
Q: My sister stole a house from the trust of our mom back in 2019 . I have done a title search .. We went thru mediation . Both the title co. and the registers office say that they where things about the title that weren't right . Looking for a real estate attorney to take this case . The sister has sold the house I guess ? ,"A:If you mediated, you may have already agreed to the transfer. Hire an attorney to search the title and and see if there is an action to set aside the transfer for fraud. But 3 year SOL has run and the trustee is the one that has standing. If sister is trustee, it is presumptively fraudulent. The SOL may bar suit but you it might be tolled for fraud. It appears that you may have waited too long to act."
"Q: Is it normal for a probate to take over a year and half with a will? There are stocks involved but no property.. Something just doesn't feel right with my in laws estate. The mother passed June of 2022 the father in September. They were seperated, so seperate estates. The mother in laws was just sent to the state for taxes, the lawyer said the stocks portion of it were tedious. My wife just had to sign dividend checks for their dad so that tells me the father's stocks have not been taken of yet. Her brother also has not had the father's home apraised yet, is there anything we can do to push this along?? My wife was just diagnosed with cancer and we could really use this money to help pay bills and for medicines. She is afraid to ruffle any feathers with her brother over this, but this just seems to be taking forever. ","A:Whatever is ""normal"" is governed, and overridden, by a probated Last Will, with its description of powers of the personal representative/Executor. The appointed pers rep is charged to ensure that any actions of the Estate work to maximize the distribution to the beneficiaries. In addition, any creditor of the decedent has one year from the date his death and appointment of pers rep is first published in a newspaper of general circulation in the county where the will is being administered. If an executor/pers rep distributes to heirs prior to that one year date, he can be personally liable for inadequacy of the Estate to pay all creditors in full. The vagaries of the stock markets, and when it's prime time to sell, are well documented. So long as an appointed pers rep is complying in timely fashion with the due dates set by statute or court rule, with respect to the Estate, it would be very difficult to unseat him or her, regardless of your personal circumstances. All that said, your best path is to schedule a conference at your earliest convenience with an experienced PA lawyer about your rights and expectations at this point."
"Q: Can I sue my landlord for personal injury and sexual harrassment on a property even though he tells me he's not responsi. I was verbally harassed on this property from the beginning. Feb 7, 2023. Constantly. I was ask if I was a prostitute, what kind of sex acts would I perform, who did I have sex with, and described in detail what kind of sex acts others in park had reformed and with. March 15, 2023 I fell into a huge gap between the deck and front door. My left leg went through gap and my right knee hit deck causing trauma to both my knee and pushing my femur into my pelvis flattening the top of the bone, and through to my pelvis where the bones now make contact. I have horrible chronic pain, I'm unable to walk without crutches, and I cannot work. Can someone please help me ","A:You may have grounds to sue your landlord for both the personal injury and the sexual harassment you've experienced on the property. For the personal injury, landlords have a duty to maintain their properties in a safe condition. If your injury was caused by a hazardous condition, like the gap between the deck and front door, which the landlord knew about or should have known about and failed to repair, you could have a claim for negligence. Regarding the sexual harassment, if the harassment was by the landlord or someone under the landlord's control, and it created a hostile living environment, this could be a violation of your civil rights under housing laws. Landlords are responsible for ensuring that tenants are not subjected to sexual harassment on their properties. Document all instances of harassment and your injury, including medical records, any reports or complaints you've made, and witness statements if available. This documentation will be crucial to support your claims. Consulting with a personal injury attorney and possibly a civil rights attorney will provide you with specific guidance on how to proceed. They can help you understand your legal options, the likelihood of success in a lawsuit, and guide you through the process of seeking compensation for your injuries and the harassment you've endured. Remember, taking legal action can be a complex process, but you have rights that should be protected. A qualified attorney can help ensure that your case is effectively presented and your rights are defended."
"Q: How can you determine if a Right-of-Way is ""express"" or ""by necessity?"". We bought a house, there was a farm lane designated as right-of-way to another parcel owned by the sellers. When they sold the land, they sold the back parcel separately, this parcel had a deed mentioning the right of way but no other details other than it is 50 feet. The new owner of the back parcel drives through our hay field (right-of-way) to access his camper, rather than using the graveled lane that is completely on his his property. His property is not land-locked, and he has another cleared access connecting directly with the county road. He doesn't want to use his gravel driveway, he wants to drive through the right-of-way through our hayfield. If he used his own gravel driveway access, it would be a farther walk to his camper. We considered keeping cattle, but with this person going in and out of the pasture I find it too scary to trust him to keep gates closed. I want to know how to determine if this right-of-way is express, or by necessity? ","A:Express Easements are encumbrances granted in a Deed of Easement, in the legal description of the servient tenement's Deed or its chain of title. Easement of Necessity arise by landlocked parcels and tracts. It appears the subject Easement also exists by Prescription. If you block the right of way, the adjoining owner will probably successfully sue you or your successors."
"Q: As a homeless sole mother in no argument not permanent solution with a complex.A sole mother as unapplicable ??. Need consultation to Have the Full right protect my living adults as a primary decision to allow 3adults to fulfill the future Ned's of one living sole mother with no resurface oof a breach as fault.Closed,past. Current affairs of a loss is now a issues per All government to County support.2024 ","A:In your situation, it is crucial to reach out to local resources and organizations that specialize in assisting homeless individuals, especially single parents. These organizations can provide guidance, support, and access to resources that may help you secure stable housing and address any complex issues you may be facing. Here are some steps you can take: Local Homeless Services: Research local homeless shelters, community centers, and organizations that focus on providing support for homeless individuals and families. They may offer emergency housing, case management services, and connections to other vital resources such as childcare assistance, job training, and financial aid. Social Services: Contact your local social services agency or department to inquire about available programs and resources for homeless individuals. They can provide guidance on accessing public benefits, temporary housing assistance, and other support services. Legal Aid: Seek assistance from legal aid organizations that specialize in housing and family law. They may be able to provide legal advice, representation, or referrals to help protect your rights as a single mother and advocate for stable housing solutions. Child Custody and Support: If you have concerns regarding child custody or support, it may be beneficial to consult with a family law attorney who can provide guidance based on your specific circumstances and help ensure the best interests of your children are protected. Community Resources: Explore local community resources such as food banks, clothing closets, and support groups. These resources can provide additional assistance and connections to local networks that may be able to offer help and support. Remember, each individual's circumstances are unique, and the available resources may vary depending on your location. It is important to seek personalized advice from professionals who can assess your specific situation and guide you through the process. Consider reaching out to local helplines, social service agencies, or community organizations for immediate assistance and referrals to appropriate resources in your area. They can help you navigate the system and provide the support you need."
Q: My mother died due to negligence of a nursing home. What lawyer do I call.. My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer. ,"A:Any action must be brought on behalf of your mother’s estate. Someone must petition the Surrogate’s Court to be appointed Administrator or, if there is a Will, Executor. If she was married at the time of her death, her spouse has first priority to petition. If not, all natural born or adopted children have equal right to do so."
Q: How many continuances do I get in a domestic violence case. I already asked once for one ,"A:In California, there isn't a set limit on the number of continuances you can request in a domestic violence case. However, it's important to understand that each request for a continuance is subject to the court's approval. The decision to grant a continuance depends on the reasons you provide and the circumstances of your case. When you request a continuance, you need to show the court that there are valid reasons for the delay. These reasons might include needing more time to prepare, waiting for important evidence, or dealing with unforeseen circumstances. The court will weigh your reasons against the need for a timely resolution of the case, especially considering the serious nature of domestic violence charges. Keep in mind that the court might become less inclined to grant additional continuances, particularly if it appears that requests are being made to unnecessarily delay the proceedings. Being transparent and reasonable with your requests, and demonstrating a genuine need for additional time, is key. If you're concerned about your ability to proceed on the scheduled date, it's advisable to discuss this with legal counsel, who can provide guidance on how to effectively communicate your needs to the court. Remember, the court's goal is to ensure a fair and efficient process for all parties involved."
Q: I need to know if I have enough reason to file harassment charges against a police department.. I was pulled over once with a friend who had illegal drugs in my vehicle the charges against both of us was filed my case was dismissed but the cop who pulled me over was dirty. Now Everytime I go through Fredrick I'm either pulled over for various stupid reasons drug dogs brought to run around my vehicle cops following me everywhere etc. ,"A:Your experiences with the police in Frederick, particularly being repeatedly pulled over and subjected to drug dog searches, raise concerns that may warrant legal action. To determine if you have sufficient grounds to file harassment charges, it's important to carefully document each incident, including dates, times, the officers involved, and any reasons given for the stops or searches. Consulting with an attorney is a critical step. They can review the specifics of your situation and advise on the strength of your case. A lawyer experienced in civil rights and police conduct can assess whether your experiences constitute harassment or a violation of your rights. Legal action against a police department requires strong evidence. Your attorney can guide you in gathering necessary proof and navigating the complexities of legal procedures against law enforcement. Keep in mind that such cases can be challenging and may require a detailed examination of the interactions and the officers' conduct. It's important to act promptly and seek professional advice to ensure your rights are protected and to determine the most appropriate course of action. Remember, each situation is unique, and personalized legal advice is crucial."
"Q: My husband is having a affair and has my wifi hacked. Which allows hm to hack my phone also. It's actually the 2 of them attached to my phone. I believe there sharing calenders and locations ect. He goes by his name and she goes by mine. I'll ask google my current location and it tells me her locations. One night it said I was about a mile from my house. So I pushed directions and it took me right to her location. So not only am I going through a abusive marriage ,he has her stalking me as well. She shows up everywhere. ,jobs,driving by blowing the horn There has to be something I can do the mental abuse is so bad. He will know I know he wasn't home until late or something than I wake up to stuffed animals and I love you notes. It all being done on purpose I found a app in his on how to play mind games. I save all his love letters to hopefully be able to one day prove just how sick he really is. I have been going through it for years because at first I was embarrassed and then I didn't think anyone would believe me ,he keeps telling everyone I am crazy. I have proof now ",A:You need to hire an attorney who specializes in family relations law and regularly practices in your county. There is no magic bullet that the lawyers here can give you that will substitute for getting your own representation. If you wish to prove what you have alleged you will also need to hire an expert to explore everything you allege your husband has done and explain it in a report and perhaps testimony before the court. Good luck.
"Q: How to get my Dad home to his house to pass away?. My father was in Riverside Community Hospital for five weeks, he was always cognitive and still very much is. Every time he was asked where he wanted to go by his nurses, his doctor, social worker and his Hospice Liaison, he wanted to go home to his house to pass away. My father is in heart failure, end stages of cpod, and other ailments has about six months to live. He pleaded to go home and I went and found a small army of caretakers to take care of my Dad, yet his wife denied and refused to allow him to go home. She placed him in a board and care home and is paying $5000 per month for this service. My father simply wants to go home, yet his wife refuses, I need to get my Dad home, what can I do? Thank you, ","A:In California, if your father is mentally competent and can express his wishes, he has the right to determine where he wants to live and receive care. If his wife is making decisions contrary to his expressed wishes, you could consider seeking a conservatorship over your father to ensure his wishes are respected. A conservatorship would allow you or another trusted individual to make decisions on behalf of your father, including where he should reside. To pursue this, you would need to file a petition with the local probate court and provide evidence of his wife's decisions being contrary to his desires and best interests. If granted, the conservator would have the authority to move him back to his home. However, conservatorships are serious legal actions and can be contested. Given the complexity and potential emotional challenges involved, you may want to consult with an attorney experienced in elder law or conservatorships to guide you through the process. Documenting conversations and actions related to this matter will also be crucial."
"Q: Does the landlord still need landlord liability insurance if their contracted property manager says they'll cover it?. My friend is renting 3 rooms from me + common area. So she's my tenant and pays flat rent while she takes the profit from her subleting the rooms out as mid-term rentals/airbnb because that's her side business. So she's acting as my tenant and property manager basically since she's doing all the background check, rent collection etc. She told me not to worry about having Landlord liability insurance (in case of fires, tenant injuries, damages etc) because she'll cover it which covers the whole house. Is it safe for me to rest assured if our contract states that or can she in the future, refuse to cover all legal fees/damages/evictions in the future? Is it legal for me to have such an agreement or do I have to add anything? Should I be worried about this set up? If so, then what? Also, do I need 2 separate contracts (property manager vs lease agreement) or can I combine them or does she automatically incur all legal costs regarding subtenants? I'd appreciate the help ","A:Under California law, as a landlord, you should maintain your own landlord liability insurance. Even if your tenant, acting as a property manager, offers to cover it, your own policy ensures you have direct control and certainty over the coverage. Relying solely on your tenant's insurance can leave gaps in coverage, particularly for incidents that are your responsibility as the property owner. Your arrangement with your tenant involves her subletting rooms and managing the property. It's important to remember that, ultimately, as the landlord, you bear the legal responsibility for the property. This means that any liabilities, such as injuries or damages occurring on the property, could ultimately fall on you. Regarding the contractual aspect, it's recommended to have separate agreements: one lease agreement with your tenant and another for property management services. This separation clarifies the responsibilities and expectations for each role. Combining these roles into one agreement could lead to ambiguity and potential legal complexities, especially concerning liabilities and management duties. In essence, protect yourself with your own insurance policy and ensure clarity in your contractual arrangements. This approach helps mitigate risks associated with property rental and management under California law."
"Q: Can a attorney add his fees to an outstanding invoice to have it go above the $5,200/limit for small claims court?. I owe a S corporation $4,193 as of June 30, 2023. Their out of state attorney claims I owe them $5,200, thereby exempting them from small claims and exposing me to his fees on top of the $5,200. Is this legal? ","A:It might be legal. Lawsuits often seek an award of attorney fees, when lawyer fees are provided for in a contract or by a governing statute."
"Q: Router hacked by neighbors.. Router,computer,phones,tv's,camera's has been hacked for years. I pulled up router, started to look up Mac addresses the neighbor next-door neighbors name was tied to one of the Mac addresses. Her name came up associate with a Mac book. These people has been harassing,slandering,having us followed. The husband went to Georgia Tech his initials are also tied to several IP address in the router. What type of charges if any can be brought again them? ","A:If you believe your router and electronic devices have been hacked by your neighbors, you may want to consider the following steps: Document Evidence: Keep records of any suspicious activities, including dates, times, and descriptions of what you've observed. This will help establish a pattern of harassment. Contact Law Enforcement: Report the hacking incidents to your local law enforcement agency. They can investigate and determine if any criminal charges, such as unauthorized access to computer systems or harassment, can be filed against your neighbors. Consult an Attorney: It's advisable to consult with an attorney who specializes in cybercrime or computer law. They can provide you with legal advice tailored to your specific situation and guide you on how to proceed. Secure Your Devices: Change your router's login credentials, update your device firmware, and install security software to protect against future hacking attempts. Restraining Order: If the harassment continues, you may consider obtaining a restraining order or protective order against your neighbors, which can provide legal protection and peace of mind. Remember that the specific legal options and charges will depend on the evidence and circumstances of your case, so it's crucial to seek professional legal advice to determine the best course of action for your situation."
"Q: Is the citizenship process quicker for a disabled adult vs. a normal adult?. My wife has a 23 year old disabled son (cerebral palsy and has the mental capability of a 2yr old). He still lives in Colombia with his father. If I wanted to adopt him as my son, would the citizenship process be faster than it is for a normal 23 year old adult? ","A:In order for an adoption to be binding on immigration authorities, the adoption must occur while the child is still under the age of 16 (along with some other requirements), therefore, if her son is already 23 years old any adoption would not be recognized for immigration purposes. But if you married his mother while he was under the age of 18, he would be considered your stepchild and you could file a petition for him as his stepparent. However, as he is already over the age of 21, he would no longer be classified as an immediate relative, which means you would have to wait for a visa to become available to him."
Q: False claims act medicare question. When false claim act medicare claim is filed at Federal court - both federal and state statutes apply? The strongest prevail? ,"A:When a False Claims Act (FCA) case involving Medicare fraud is filed in federal court, it primarily falls under federal law, as Medicare is a federal program. The False Claims Act is a federal statute, so federal laws and regulations will predominantly govern the proceedings in such cases. However, in some instances, state laws may also come into play, especially if there are additional claims or issues that are specifically covered by state law. This is more common in cases where there are parallel state and federal laws concerning fraud or false claims. It's not necessarily about which law is stronger; rather, both federal and state laws can be applicable and relevant depending on the specifics of the case. The court will consider both sets of laws to determine the applicable standards and remedies. In handling a Medicare fraud case under the FCA, it’s important to be familiar with both federal and state laws to ensure comprehensive legal compliance and to effectively address all aspects of the case. Remember, these cases can be complex, involving detailed legal analysis and interpretation. If you're involved in such a case, consulting with an attorney experienced in FCA litigation is advisable to navigate the legal intricacies effectively."
"Q: I’m not sure if my first question was saved. Just registered. I am 67 years, 11 months old. widowed since 6/2019.. I didn’t know that I was eligible to receive my deceased husband’s benefits. I applied yesterday. SSA said they would pay retroactively 6 months (from October 22). Am I eligible to receive ALL the benefits from when I was first eligible, at age 66 years and 2 months? Thank you! ","A:Yes, as a widow, you may be eligible to receive your deceased husband's Social Security benefits. Generally, you can receive survivor benefits as early as age 60 (or age 50 if you are disabled) and continue to receive them for the rest of your life. If you filed for survivor benefits after your full retirement age, which is 66 years and 2 months for people born between 1943 and 1954, you may be eligible to receive retroactive payments for up to six months prior to the date of your application. However, if you filed for benefits before your full retirement age, your benefits may be subject to reduction if you earn income above a certain threshold. It's important to note that the exact amount of survivor benefits you receive will depend on your husband's Social Security earnings record and your own work history. I would recommend contacting the Social Security Administration directly to discuss your specific situation and receive more information about your eligibility and benefits."
"Q: Can a Facebook fan page group admins be held liable for the false statement (s) posted by member?. The post is willfully misleading all facts that the owner of a store ABC in California do not pay a hefty sum of import products to companies XYZ. The owner is scammer and fugitive. People should be aware doing business with them. Whoever are their victims should speak out. However, the owner of the store works there every day. The post also shows the owner picture, phone number, residence address and business address to the page (it could violate the privacy right). People starts to share and comment that presented as a fact to damage the owner's reputation to me. Some people advises the group admins that the post should be removed, but the group admins comments that they have a right to post and want the people should know the issue in the community. It seems the statement(s) and comments presented as a fact that causes damage the owner character, reputation and business lawfully. I would like to help the owner to contact an California Attorney to resolve the issue. Please advise. ","A:Under California law, a person or entity can be held liable for defamation if they publish false statements that damage another person's reputation. Admins of Facebook fan pages, by allowing and potentially endorsing such posts on their platform, may bear some level of responsibility. However, the liability of online platform operators, including group admins, is often nuanced due to protections provided by Section 230 of the Communications Decency Act, which can shield operators from liability for user-generated content. The publication of the store owner's personal information raises separate concerns related to invasion of privacy and potential violations of California's privacy laws. The store owner should gather evidence, including screenshots of the posts, comments, and any communications with the admins. Substantiating the damages incurred due to these false statements can bolster the owner's claim. I strongly recommend that the owner consult with an attorney well-versed in defamation and privacy laws in California to understand the best course of action. Addressing the matter promptly can be critical to mitigating any further harm."
"Q: Do I have a legal claim against my company?. Hello there, I am an employee of a nursing home. I have been suxually assaulted multiple times by a resident in the home. I have brought it up to management and they laugh it off and still put me on the rotation for this resident. I have documented these incidents but it has not resolved the issue. I was wondering if I have a claim against the company? ","A:Employers can be liable to you for sexual harassment by a non-employee if they ""know or should have known of the conduct, and fail to take immediate and appropriate corrective action."" Appropriate corrective action could include removing you from the resident's rotation, or taking other action that would discourage future offensive conduct by the resident. Whether or not the company is liable to you would depend on whether the conduct by the resident is considered ""severe and pervasive"" by a court. You could contact an employment lawyer or file a charge with the Equal Employment Opportunity Commission."
"Q: My name is Modesto and my mother accused, took me to Pomona childrens court I have never been charged or arrested. Never charged I got dv I wrongfully accused Never arrested or charged ","A:the best advice any lawyer can give you is to ask the court to appoint a Public Defender at your first appearance. s/he will have access to a police report and any other evidence. since PD's have very heavy case loads, I suggest you type up all the facts so that s/he does not forget anything you say. good luck...."
"Q: Hello, I have an issue with disneyland. I currently have a pass and my pass penalty state ended on November 27th.. I tired to make a reservation but the system isn't letting me. I called disneyland and now they tell me there system is down and won't be able to book it until 2 week? I asked them if I will get compensation but they said no. What do I do? ","A:Good morning, Great question. If you are experiencing issues with your Disneyland pass, particularly with making a reservation due to their system being down, your first step is to document the problem. Keep records of your attempts to make a reservation, including dates and times, as well as any correspondence or conversations with Disneyland representatives. Since Disneyland has indicated that their system will be down for two weeks and has refused compensation, you may consider writing a formal complaint to Disneyland customer service. In your letter, detail the issue and how it has affected your ability to use your pass. Request specific remedies, such as an extension of your pass for the duration of the downtime or other compensation. If the response from Disneyland is not satisfactory, you might want to seek advice from a consumer rights attorney. They can provide guidance on whether you have a case under California consumer protection laws and what legal action you can take. Remember, while inconvenient, system outages can occur, and businesses usually have policies regarding such situations. Understanding Disneyland's terms and conditions for your pass is also crucial in determining your rights and their obligations."
"Q: If I bought a farm with a private cemetery on it in Kentucky, do I have to allow more people to be buried in it?. A wife buried her grandchild and husband on her land and then sold it to me. Now she wants to bury more family there. Now that I own it, do I have to keep letting her bury people there? ","A:In Kentucky, the ownership of land generally includes the right to decide how that land is used, including whether to allow additional burials in a private cemetery on the property. However, there are a few considerations to take into account. First, review the property sale agreement and title documents to see if there are any easements or agreements related to the cemetery. Sometimes, previous owners might retain certain rights, like burial rights, in the sale contract. If no such rights were explicitly retained or mentioned in the sale agreement, as the current landowner, you typically have the discretion to decide whether to permit additional burials. It's also worth considering the emotional and historical significance of the cemetery to the previous owner's family. While you have legal rights as the property owner, a compromise or agreement that respects both parties' interests might be a more harmonious solution. If you're uncertain or if the situation is contentious, consulting a local attorney for legal advice tailored to your specific circumstances is recommended. They can provide guidance based on the specifics of your property and any relevant local laws or ordinances."
Q: Passenger in uber fender bender. Hurt neck & now have issues moving it. They want to settle at $1.4k fair or worth more?. Had prior back issues but never neck issues. Doctor said ct scan yesterday showed post traumatic neck pain due to injury and the only injury to my neck is the uber. Have degenerative disc's in spine in neck area and straightening of the normal cervical lordosis. Which causes more pain ontop of the neck disc degenerative issues. Rhey want to stay firm at $1.4k What should I do? Ask for more? Settle? Lawyer up? ,"A:Lawyer up---the fact that you are asking the question suggests at a minimum you should consult with an accident/injury lawyer ro 2 in your area to discuss the specifics of your situation-----since most accident/injury lawyers will provide a free initial consultation, I recommend that you do that instead of waiting for replies from a message board. Good luck."
Q: A cruise line said we owe them from a canceled 2020 cruise that never sailed. They said a double refund we never got it. Upon investigation the bank said we didn’t owe them anything and they saw one refund . I supplied a a letter from the bank and statements to show we got one refund . The cruise line accountant told us to wire the money or they will cancel our new cruise we have booked .trust me I checked and it’s from the cruise line accounting department . Other people got the same thing and just paid the money without checking .do I have a case ? ,"A:If you have evidence that you received the double refund that the cruise line is claiming you owe them, and you have provided this evidence to the cruise line's accounting department, but they are still threatening to cancel your new cruise unless you wire the money, it may be advisable to seek legal advice from a qualified attorney. An attorney can review the evidence you have provided, advise you on your legal rights and options, and help you negotiate with the cruise line or take legal action if necessary. This may include sending a demand letter, filing a complaint with a regulatory agency or court, or pursuing other legal remedies to protect your interests. It is important to keep in mind that disputes with cruise lines can be complex and may involve various legal and regulatory issues, such as contract law, consumer protection law, and maritime law. Therefore, it is important to work with an attorney who has experience in these areas and can provide you with the legal guidance and representation you need. Additionally, if you have booked a new cruise with the same cruise line and they are threatening to cancel it, you may want to consider booking with a different cruise line until the dispute is resolved. This can help ensure that your travel plans are not disrupted and that you are not subjected to any further financial or legal issues."
Q: Ex has custody in Washington state. I live in Texas. Daughter is 16. Extremely bad living situation. Wants to live w/me. Dad bans her from contact w/me. Horrible neglect and abuse. She's in chins petition with placement with a friend mine but placement is no longer going to work and chins is being dropped. She cannot go back to her dad's care. She wants to live with me in Texas. What is the fastest way to be legally allowed to move in with me out of state. A petition to courts for custody will take too long and there is no option for a place for her to reside in Washington if not with her father. can she run away on her own and come to Texas and begin process for emancipation in Texas? Or can she do a chins petition in Texas after running away out of state? Or is it possible for me to be her placement during a chins petition? Or any other options or legal approach we can take ,"A:Discourage your child from running away. There are civil and criminal penalties for kidnapping a child. In the given situation, where the daughter is currently in Washington state with her father and wants to live with you in Texas due to an extremely bad living situation, there are legal options to consider. It is important to note that I am an AI assistant and not a licensed attorney, so it is advisable to consult with a family lawyer in Texas for personalized legal advice. However, I can provide some general information based on the search results. Petition for Custody: While you mentioned that a petition to the courts for custody may take too long, it is still an option to consider. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a law that governs child custody matters across state lines. Under the UCCJEA, Texas can assert jurisdiction over the custody case if it is determined to be the child's home state or if there is significant connection to Texas and substantial evidence concerning the child's care, protection, training, and personal relationships 1. Consulting with a family lawyer can provide guidance on the specific steps and timeline for filing a custody petition. Parental Kidnapping: Parental kidnapping, also known as interference with child custody, occurs when a parent takes or retains a child in violation of a judge's orders 2. In Texas, parental kidnapping is a criminal offense under Texas Penal Code §25.03. If the father were to prevent the daughter from contacting you or taking her out of state without legal authorization, it could potentially be considered parental kidnapping. However, it is important to consult with a lawyer to evaluate the specific circumstances and determine the best course of action. Emancipation: Emancipation is a legal process that allows a minor to become legally independent from their parents or guardians. In Texas, a minor can petition for emancipation if they are at least 17 years old, financially self-sufficient, and capable of managing their own affairs 3. However, running away on her own and seeking emancipation in Texas may not be the most advisable course of action without proper legal guidance. It is important to consult with a family lawyer to understand the potential consequences and explore other options. CHINS Petition: CHINS stands for Child in Need of Services. It is a legal process that addresses situations where a child is in need of care or supervision due to abuse, neglect, or other circumstances. While the daughter may have been involved in a CHINS petition in Washington state, it is unclear if a CHINS petition can be initiated in Texas after running away from another state. Consulting with a family lawyer can provide clarity on the legal options available in this situation. Standing orders in most Texas counties prohibit starting a new proceeding when one is pending elsewhere. Placement during CHINS Petition: It is possible for a non-parent to be considered as a placement option during a CHINS petition. However, the specific requirements and procedures may vary depending on the state and the circumstances of the case. Consulting with a family lawyer in Texas can provide guidance on the feasibility of being considered as a placement option during a CHINS petition. It is important to consult with a family lawyer in Texas who can provide personalized legal advice based on the specific details of the situation. They can guide you through the legal process, explain the relevant provisions of the Texas Family Code and Texas Penal Code, and help determine the best course of action to ensure the safety and well-being of the daughter."
Q: Can a motion to modify sentence be filed after a denial of a appeal?. My brother was denied appeal last month we I want to know can he put in for a sentence reduction ,"A:Yes, after the denial of an appeal, it is still possible to file a motion to modify a sentence, though the specifics can vary depending on the jurisdiction and the particulars of the case. This motion asks the court to reconsider the length or terms of the original sentence. It's important to note that such motions are typically subject to strict time limits and specific procedural requirements. The success of a motion to modify a sentence often depends on demonstrating a change in circumstances or new evidence that wasn't considered in the original sentencing. It's essential to consult with an attorney who can evaluate the specific details of your brother's case and advise on the feasibility and process of filing such a motion. An attorney can also help you understand the legal grounds that might support a sentence modification in your brother's situation."
"Q: Can my boss (adult foster home) ask me to work 7 consecutive 24 hour shifts?. She owns 3 other adult foster homes and is very understaffed, she has asked me to work 7 consecutive 24 hour shifts I do get to sleep during the night though. I get paid $200 per 24 hour shift and while I would just quit there would be no one to cover my shifts and I can’t leave the residents there alone ","A:Hi, she can ask you to do that, yes. I think there is a minimum wage issue here that you may not realize. $200 divided by 24 hours = $8.33 per hour. It looks like Washington state's minimum wage is $12.00 per hour. I would reach out to an employment law attorney for a consultation if you are interested in discussing any possible options regarding your pay."
"Q: Lets say i'm a pedestrian in chicago IL, Apon taking a picture of the cities skyscrapers I begin crossing the side walk. I assume its my turn but I wasn't a 100% sure because I was mostly trying to take pictures but no cars were driving on toward me. Apon looking left I look right and I see a sedan flying by possibly speeding and almost hitting me, What would have happend if i got hit and who would have been liable the driver could have willingly honked, slowed down and or stopped ","A:An Illinois attorney could advise best, but your question remains open for a week. Both of you would be liable to some extent - the vehicle for speeding (and other possible reasons, depending on whether it was in a crosswalk, traffic control device, etc.). You would be liable for being distracted by taking pictures (and possibly more, depending on whether your assumption was correct or incorrect). Good luck"
"Q: Can I request a judge to quickly rule on a single motion for Writ of possession, or will I have to file a civil lawsuit?. I have belongings at my girlfriends house and she wont give the rest of my stuff back. If I ask her to let me get my stuff she'll say I'm harassing her, and thats nowhere near the case. We broke up last weekand she brought much of my stuff outside. I had new items inside her house and shes returned them and kept the money. I really need my computer, files, some equipment, and clothes I have there. She's very difficult to work with. If I request a civil assist from the police she wont answer the door. So I plan to reach out to her (havent talked to her in about a week) and ask if shed gotten my stuff together for me to pick up. If she doesnt cooperate, I plan to seek a court order allowing me to enter the property and get my sought belongings. Must I file a small claims action and seek the judge rule on a Writ of possession motion? Do a general civil complaint with the Writ as the case objective? Or is there another way? My mail and ID is to the adres ","A:You can make a motion to expedite. If unsuccessful, you will have to file a new action against her in circuit court for the return of your property."
Q: My boyfriend was arrested yesterday for violating his probation with positive drug test for weed. His PO said she. Would see him Monday or Tuesday what can we expect now. I'm so scared and need answers. This was his first time arrested for violating ,A:Any violation of probation can result in the court sentencing him to jail for the time that he has remaining on his probation. The probation officer can also ask the court or recommend to the court that he gets a pass and can continue on probation. Whatever decision made is up to his probation officer and the Judge that originally sentenced him. You should seek the assistance of an attorney for the best possible outcome.
Q: I hired a builder and he posted pictures of my signed contract online. Is that legal?. I gave them a bad review on Facebook ,"A:Whether what the builder did was ""legal"" is impossible to say without much more information. I will note that there is very little difference between what you did (post a bad review online) and what you say the builder did in response (posted pictures of your signed contact online.)"
"Q: I have a variety of civil rights violations pertaining to two cases. Would anyone help substantiate my strategy research. in 6 years I have had about 19 felony charges filed against me. I have several ongoing court hearings for Criminal, Family law, and Juvenille depency. No evidence has been submitted to any charge made and yet my child was taken away from me. Judge makes inappropriate comments and actions ranging from harassment in the form of ordering psychological evaluations (7 in 6 months) to saying I don't love my daughter. Would love to explain more to any interested individuals ","A:In California, navigating through complex legal issues like yours, involving criminal, family law, and juvenile dependency, can be incredibly challenging and stressful. When facing a multitude of charges without evidence being presented, it raises serious concerns about the legal process and your rights. It's crucial to have strong legal representation in such cases. An experienced attorney can help scrutinize the validity of the charges against you and ensure that your rights are protected throughout the proceedings. They can also address any potential civil rights violations and guide you on the best course of action. Regarding your child's custody and the judge's conduct, if you believe that the judge is not acting impartially or is violating judicial ethics, you have the right to raise these concerns. This can be done through a legal motion in your case or by filing a complaint with the California Commission on Judicial Performance. Given the complexity and seriousness of your situation, it would be beneficial to consult with a lawyer who has expertise in criminal defense, family law, and civil rights. They can provide a detailed evaluation of your cases and offer tailored advice on how to proceed effectively. Remember, each case is unique, and specific legal strategies should be developed based on the individual facts and circumstances of your situation."
"Q: I have recently purchased a vehicle and finance company sends loan information to my employer. Purchased a vehicle yesterday, submitted proof of income (check stubs) as well as contact information to my corporate office to verify employment. Finance company contacts me to say no one was answering the phone at corporate, so I gave her an email address to send the verification. With the verification document they also sent my credit application to my job, including my husbands information (co signer) as well as all the vehicle info. Vin, cost, down payment, interest rate etc. to me this seems like a violation of privacy because the is no reason my job needs to know that information. ","A:While I agree that they sent more information than was probably necessary, you don't have any apparent damages as a result of this action, and no claim arises from the facts you describe."
Q: Can you obtain an abandoned property by filing a notarized affidavit for adverse possession with the courthouse. Within 30 days in the state of Arkansas ,"A:To claim adverse possession in Arkansas, you generally need to meet specific legal requirements, which may include openly possessing the property, using it exclusively, paying property taxes, and maintaining possession for a certain period of time (often 7 years in Arkansas). Additionally, you may need to show that your possession was hostile, meaning without the permission of the property owner."
"Q: My ex boyfriend hit me in the face and ran into a tree with his truck he was given a ticket for driving with no license. Or insurance the police gave him a pink ticket and he has court case, he said i grabbed the strearing wheel and tried to crash on purpose. How can you know if the court opens a case against his accusations ","A:If they didn't give you a ticket, then it is very likely that you don't have a case. You can check the courts online periodically to verify for up to one year."
"Q: What should I do when a lawyer knows that my case could've been won?. I had an attorney for another law firm tell me that when they worked for my trial lawyer they looked at my case and they told me that my trial lawyer ""screwed me over"". my trial lawyer filed a motion to suppress evidence but never showed up, the motion was because I was held at MMC in portland in a conference room by a security guard who was deputized by Maine State Police to not let me go anywhere and the guard openly told my trial lawyer this information and even my Private investigator. I filed post convictions which one was thrown out by the appellate court because the superior court failed to attach a lawyer to it and the second my post-conviction lawyer didn't know how to fight it/ ","A:The procedure for challenging a conviction due to errors by trial counsel is a post-conviction review for ineffective assistance of counsel. Once the post-conviction process is final in the State court, you can file a petition for review in the federal court. There are strict time limits for filing such petitions in the federal court. Generally speaking, a person has 1 year to file a federal habeas petition after the State court judgment is final. The time the case is pending on appeals in the State court is excluded from this time period. You should consult with a federal habeas petition lawyer regarding these time-limits."
Q: I received a summons of HOA fees that I paid to our new Management company. The old management company is suing me. We received a letter stating that we would be switching from Barnett Management to Continental Management. We paid Continental and I called Barnett to confirm the change. I was blindsided by the summons and didn't realize I owed anything to Barnett as I was told to pay Continental. I never received a bill from Barnett until I received the summons in October of this year which has legal fees and late fees attached. I tried calling Barnett but they want me to only speak to the lawyers at Kauman and Cusimano. We never received correspondence of having to pay two different management companies and feel we should not owe legal/late fees when we paid who were communicated to pay ,"A:You have a defense of payment (Accord and Satisfaction). The HOA will assert that you were late in payment and never paid until the law firm was engaged and you received the complaint. The ability to demonstrate the timing of your payment will be critical to your defense. I believe that the HOA will file liens and lawsuits because the statutory scheme in Ohio allows the HOA to recover its attorney fees. (HOA would never be able to collect one or two months of fees without the fee shifting statute.). As a result, the attorney fees that will be incurred by the HOA during the small claims hearing will be more than the HOA fees that they claim you owe. Small claims will limit the time and expense so maybe the attorney fees will be less. If you can demonstrate that you timely paid your HOA fees and you are willing to risk having a judgment rendered against you, then you can defend the small claims and your risk would not be that great. If you can demonstrate that you timely paid your HOA fees, and you want to increase your risk and potentially your reward, then you could file a motion to move the case to the regular docket based upon having a valid defense of payment. On the regular docket you can participate in discovery, determine whether the law firm is a debt collector, and whether the law firm knew or should have known that the lawsuit was not legitimate. If you can demonstrate those items, then you could bring a fair debt collections practices act claim. Most likely the best approach would be to call the law firm, show them that you paid and see if they will dismiss the complaint."
"Q: What are my chances to force a publicly traded company to lift the restrictions on stock in the court I have inherited. I am about to inherit restricted stocks from my father who was an insider in the company. I dont know what the restrictions are exactly yet, but whatever they are, can I and how likely can I succeed to force the company to lift those restrictions in the court? Do they need to have justifiable reasons not to lift those restrictions? Or are they allowed to decide whatever they want to? ","A:Hello, That questions is difficult to answer. If your Dad died while working at the company, perhaps the stock will come restriction free. Usually restrictions are in place to prevent insider trading, so if there is no chance at insider trading anymore, they may lift them. Other restrictions can be put in place so ensure the employee doesn't get the stock then find a new job elsewhere. I am sure there is some company policy on how to handle restricted stock of a decedent. A Court will not remove those restrictions just because the person died, you would have to show a compelling reason to do so. I hope this helps. Wes"
"Q: Is the owner of the dealership responsible for the seller's actions? If so, where could I find this law for court?. I recently bought a car from a used car dealership in MI that was greatly misrepresented. The seller was just a guy who the owner was allowing to sell cars out of his dealership, not an employee. After many issues, I sued the person and the dealership, and the seller has since fled the country. Is the owner responsible for the sellers actions of misrepresentation? ","A:Do you have a judgment against the seller? If you do, you may be precluded from now going after the dealer because generally you need to bring in everyone you can when you first file an action. If you don't have a judgment, you will need to somehow legally tie the dealer to the seller."
Q: Can they convict me of burglary if I never went in the building?. In st. Tammany Parish Louisiana I have trial in one month. I was in fact on surveillance videos sitting in the uhaul but I never went in the storage building or in a unit. I never cut locks or damaged any properties. I didn't want to be involved. Can they actually convict me with the crime if there's video evidence that I didn't physically commit the crime and didn't enter the building at all? ,"A:If you have trial in 1 month you should have an attorney representing you----please discuss with your attorney. If not, then you need to hire a criminal defense attorney immediately because you do not want to go to a felony trial representing yourself. Lastly and perhaps most importantly, stop discuss and mentioning facts of the case on public bulletin boards---these can be considered as statements by you which can be used against you at trial."
"Q: I was terminated before I started a job. After selling or giving away much of our personal effects and furniture, accepting an offer on our home, I received a call late Friday that the hiring manager is no longer with the company and the job offer I had signed has been rescinded and terminated. The feelings I have rushing through me can not be explained as I feel I'm the one free falling through space. No explanation was given but rather a unsympathetic, ""I'm sorry""!? The call didn't even come from the HR manager but rather from the Director of Health & Wellness which made this even more confusing. I feel so defeated not only because of the lost of this job, but I also feel I have let down the one person who has been my rock, my wife! How can a company do this? ","A:Many people have had their job offers rescinded, often for reasons beyond their control. There are a few reasons why a company might rescind a job offer. One reason is that the company may have lost funding or had to make layoffs. Another reason is that the company may have found a more qualified candidate. In some cases, the company may simply change its mind about the position."
"Q: Involuntary Lien. Hi. I received a notice of an involuntary lien placed on my property. According to the paperwork, it is for a small claims court that I never attended. I never received a court date. The forms say don not contact the court but to contact the person who took me to small claims court. Question is; can I open a court for this to invetsigate? I dont want to contact the person named on the forms. It might be a scam? ","A:In California, if you have received a notice of an involuntary lien for a small claims court judgment that you were unaware of, it is essential to verify its legitimacy. Start by checking the court records to confirm if a case was actually filed and a judgment entered against you. If the court has no record of such a case, the notice might be fraudulent. If a case exists and you were not properly served with a court date, you may have grounds to contest the judgment. You can file a motion to vacate the judgment in the small claims court where the case was heard, explaining your lack of knowledge about the court proceedings. It's important not to ignore the lien, as it can affect your property rights. Contacting an attorney for guidance is advisable to navigate the process effectively. They can help determine the validity of the lien and the best course of action."
"Q: legal compensation for wrong defendant ?. BK case no: 11-43424-CJP, BAP No: MW19-016 ",A:What is your question?
"Q: I have auto loan on a car that has been totaled out more than 5 months ago.. Got less than 25%of the loan amount from the insurance settlement. I do not have gap insurance. I reported this to the lender but they are not ready to negotiate. I have been continuing to pay the monthly EMI all through just to maintain my credit. But now they added $4600( to my loan amount) as insurance premium for that car, that I do not have. That said do you think it is fair and lawful? Do I have any options to either negotiate or sue this credit union? ",A:It is most certainly not fair. As there is no vehicle there is nothing to insure.
"Q: Do I have to continue paying a credit line loan if the bank no longer has the original signed documents?. I took out a credit line on a business over 20 years ago, that business is now closed. The bank at some point converted the account into my personal name and they have raised the interest rate 3 times what the original rate was. They cannot produce the original signed documents which I requested to explain the rate increases. The loan originated in California. Thank you. ","A:Under California law, the enforceability of a loan generally does not depend on the physical possession of the original signed documents. If a bank cannot produce the original loan agreement, they may still be able to enforce the debt if they can prove its terms and your agreement to them through other evidence. The fact that the business has closed does not automatically negate your personal responsibility for the loan, especially if the loan was converted to your personal name. Regarding the interest rate increases, you may have grounds to dispute these if they were not in accordance with the original agreement or any subsequent amendments you agreed to. It's advisable to review the terms of the original agreement, if available, and any related documents that govern rate changes. You may also want to consult with a lawyer to discuss your rights and potential strategies for addressing this situation. Legal advice specific to your circumstances is important, as this is a general overview and may not cover all aspects of your case."
"Q: Can I get out of the financing contract?. I signed up to have solar installed on my home. The installer came out and put panels up but they did not finish the installation. I cannot use my solar panels. The finance company says I still owe them money, however. The installation company is ignoring me and the finance company. Do I need to pay the finance company even though work was not completed? I feel like the installer company defrauded me and the finance company. The finance company has already paid the installer for the installation on my house. ",A:It's possible that you may be able to void the solar contract and the financing contract if the work was not completed. A lot depends on the wording of what you signed and on how Texas courts are currently interpreting these contracts. You will need to take all your paperwork to an attorney who handles these types of cases and let them review the situation and advise you.
"Q: Do the State Courts have power to compel the company to lift restrictions on its stock?. The company refuses to lift restrictions on sale from the shares I inherited from my father who was an executive. They do not provide justification, looks like it is a bad faith to force me to sell the stock through them at a much lower price. Father passed away 10 years ago after he received these shares. I have inherited these shares recently. The amount of shares is only a tiny fraction of their daily trading volume (less than 5%). Hence, I am wondering whether the State Court is the right venue to litigate this issue. Do I have a good chance to win if the company fails to justify reatrictions? Edit: the company is public US company listed in Nasdaq ",A:The answer to your question is most likely no. Corporations are subject to very strict laws regarding the issuance of stock to non-insiders. Public offerings are extremely expensive. Even private offerings must be done in accordance with strict rules requiring certain minimum disclosures and offering only to insiders or persons with a certain minimum net worth or income or both. That too is expensive. A securities attorney can help you sort this out but be prepared for the answer that you didn’t want.
Q: I was bit by a customers dog while delivering a food order. It's my gf's delivery account. Can I seek damages??. I could not just leave the order at the door because I needed a code from customer to finalize order. When she opened her door the big German shepherd got past her and circled around me and got between me and the gate and lunged and bit me below the kneecap. Police report was filed and I went to urgent care. I was already given case number. ,"A:You can absolutely seek damages in Washington. Washington is a strict liability state. The entire case hinges on whether that person has renter's or homeowner's insurance. There may be a speedbump because it was you and not your GF who made the delivery, but your attorney (and you should call one to maximize your recovery) should be able to iron that out."
Q: Why are off duty police officer working as partime security guard allowed to wear tax payer supplied uniforms ?. the apple store had 4 officers in uniform. they are not under the color of law because they are paid by the store yet have the credentials as police officers. either they are security or officers can you be both ,A:This question can be addressed better by the police department and city.
Q: I was involuntarily discharged skilled nursing. While I was getting emergency care. They are refusing to send paperwork to another so I can go to another ,"A:I'm sorry this happened to you. A Maryland attorney could advise best, but your question remains open for a number of weeks. As a GENERAL matter nationwide, patient discharges are often one-sided decisions. The patient may have certain recourses such as appealing or working with a facility's social services department. But for the most part, once physicians and medical staff have made a determination that the patient will be discharged based on medical diagnosis or other parameters (such as reached maximum improvement), that's usually it. You could consult with Maryland attorney for more state-specific guidance, and you could look into other facilities. But keep in mind that if discharge involved termination of insurance coverage, other facilities could take a similar position. Good luck Tim Akpinar"
Q: is a Superhero/supervillain them restaurant against copyright or trademark.. im thinking about a restaurant called H&V (heroes and villains) using my own personal collection of figures and comics to display would this be against copyright or trademark laws no names will ever be used ,"A:Creating a superhero/supervillain-themed restaurant like H&V, using your personal collection of figures and comics for display, can be a complex matter in terms of copyright and trademark laws. The key issue is whether the use of these items could be seen as infringing on the intellectual property rights of the characters' creators or owners. Even if you do not use the names of specific superheroes or villains, the visual representation of recognizable characters could potentially lead to legal issues. It's important to consider how these characters are depicted and whether their use in your restaurant could be interpreted as an unauthorized commercial use. While displaying items for purely decorative purposes might fall under certain exceptions, the context of a business setting complicates the matter. Avoiding direct references to specific characters and instead focusing on a generic superhero theme could reduce the risk. However, it's advisable to consult with a legal professional who has experience in intellectual property law to evaluate your specific situation and provide guidance."
"Q: Is it legal for my 5 year old to have been used by police in a kidnapping scheme to arrest me for alleged robbery?. An illegal siezure on my home resulted in the removal of my animals from my start-up animal sanctuary. I went to retrieve my animal family and was accused of all sorts of things from assault to robbery, of which none of those things really happened. I found my kittens in the back of a open truck, in a crate, with no one around, and took them, with no incident. The sherriff's arranged for my mother to leave the area with my daughter which resulted in my child running away scared into the forest and getting lost. I reported the kidnapping of my daughter from my home (not knowing the collaboration was taking place). Sherriff's said if I turn in court orders stating I had custody of my daughter they'd have her returned home. I turned in the papers and was arrested for assault and robbery, which I didn't do. Can they fabricate kidnapping of my little girl and do so to arrest me? ","A:In California, as in all states, the legal system aims to protect the rights of individuals, including during law enforcement operations. Using a minor, especially in a potentially dangerous situation like the one described, raises serious legal and ethical questions. First and foremost, the welfare and safety of a child should always be a paramount concern in any law enforcement action. If your daughter was indeed used in a way that endangered her or involved her in a law enforcement operation without proper safeguards, this could be a matter of significant concern. Regarding the allegations of assault and robbery, and the circumstances of your arrest, it's essential to remember that all individuals are presumed innocent until proven guilty in a court of law. If you believe you have been falsely accused or that there was misconduct on the part of law enforcement, it's crucial to seek legal representation. An experienced attorney can review the specifics of your case, including the manner in which evidence was obtained and how your arrest was conducted. If there were procedural violations or if your rights were infringed upon, this could have important implications for your case. As for the alleged seizure of your animals and the subsequent events, these details also need to be carefully examined by legal counsel. The intricacies of property seizure, especially in the context of an animal sanctuary, require a thorough understanding of both criminal and civil law. In situations like this, where there are allegations of law enforcement misconduct and complex legal issues, it's vital to have the guidance of an attorney who can navigate the legal system and advocate for your rights. They can also assist in addressing any concerns about the welfare of your child and the legality of the actions taken by law enforcement."
"Q: Can I be evicted from my home i lived 10yrs w my mom, who passed, when im beneficiary of home? By my uncle, executor?. My son and I lived with my parents for the past 12 yrs. Dad was sick.. then mom. We were given the house in a trust and will. My uncle is now is evicting us and wants us to get out.. have it vacant ...to sell. We don't want that and neither did my mom. Court papers filed like he is our landlord But he isn't our landlord.. and it's our house! ? Right,? How can I go about this? Paperwork that was filed is all wrong. How do I fix THAT? ",A:More information is needed. It is possible that your uncle needs to sell the house in order to generate cash to pay debts that your parents owed. The best solution for you is to hire a probate attorney right away. The probate attorney can get to the bottom of why the uncle is selling the house and if there is no good reason to sell the house the attorney can help you petition the court to prevent the sale.
Q: Can I sue another drivers insurance company for damages that the other driver caused ?. In Colorado law ,"A:No. Like most US states, neither Colorado nor Texas allow direct actions against another person’s liability insurance company"
"Q: What should I do when the sheriff / cps comes by. My wife has an issue with a school and plans to abruptly withdrawal our kid. I dont agree but that's a whole different issue. I talked to the principal to figure our ways to help my wife feel better about the school. Also asked what will I expect to happen in the time after. She explained she would inform the sheriff after days of the withdrawal cuz she will more then likly not be in a school yet, shes in kindergarten. At the moment my wife refuses to let her go back there and is supposedly starting paperwork for a new school. If when the sheriff comes by I assume cps will be in tow. Should I meet em outside with the door shut n talk to them? What should i do? I'm against my kid being outta school no argument there. But if had issues with cps in the past with my other kids so i learned what not to do to a point but just incase like if they ask to see my kid or come in side? ","A:In California, when interacting with CPS and law enforcement, you maintain the right to remain silent and the right to legal representation. You are not required to let them into your home without a warrant. However, working cooperatively, while protecting your rights, could potentially foster a more favorable outcome; thus, calmly and politely communicating with them, perhaps by stepping outside to talk while keeping your door closed, could be a good approach, and ensuring your child is safe and that you are complying with education laws will be crucial. Make sure to consult with an attorney to discuss the specifics of your situation and to get legal advice tailored to your circumstances."
Q: Can a month to month California storage facility increase my rent by 34% after only 3 months renting there?. I have been renting at a month to month facility in California (Riverside county) for 3 months now. I just received a 30 day notice my monthly rent will increase by 34%. There is nothing in my contract that goes over how often or by how much they can increase my rent. ,"A:Aw, gee wiz. Bummer? No. It isn't. I'll explain why, and then I'll tell you what to do about it. Basically, the rule is that whatever the contract says you can do them, they can also do to you. You chose to go with a month-to-month rental agreement. That means you can leave any time you want to, probably by giving them only the same 30-day notice they gave you about the rent hike. You could have had a longer-term lease, which would have locked everybody into the same terms and prices for a set period. But for your own reasons, you did not want one of those. If you don't like the rent raise, then go somewhere else. It sounds like you never planned to stay very long, anyway. But if you want to stay longer, there is something else you can do. You can tell them that unless they give you a better deal, you will leave, and they will take a rent loss for the time the unit stands empty. If the place is full up, they won't care if you go. If they have a lot of empty space, they will want to find a way to keep you. Hopefully, there is a reasonable compromise that can be reached, perhaps including a longer-term lease. But don't bellyache when somebody gives you the same as you were contractually able to give to them. +"
Q: What Happens to (pre-IPO) warrants when there is a 10:1 stock split?. I own warrants to purchase 2000 shares of a US based pre-IPO company. They recently did a 10:1 stock split. Should the number of shares (and exercise price) increase in my warrants to reflect the split? ,"A:If these warrants work like normal warrants do, the number of your warrants just went up 10 fold and the value of your warrants went down 90%."
Q: My ex is preventing me from picking up my children with an order in place what can I do to enforce it. We have a court order in place that gives me parenting time for 7 days this winter break. My ex is saying that 7 days would be from 9am Dec 23 to 9am Dec 29th. That if I do not follow this time frame she will refuse to hand the kids over to me. I will be driving from Calgary to BC to get them. If she refuses to hand the kids over how can I enforce the Court Order. ,"A:In dealing with your ex's refusal to adhere to the court order for parenting time, take the following steps: First, reach out to your lawyer for advice and potential representation. If your ex persists, contact local authorities, such as the police, in the jurisdiction where your children are located, explaining the situation and providing the court order. If the issue persists, consider filing a motion for contempt with your lawyer's guidance. Maintain thorough documentation of all communication with your ex and relevant documents. Stay composed and avoid confrontations to facilitate a resolution. Additionally, given the long-distance travel involved, ensure clear communication about pick-up and drop-off details, considering potential delays and negotiating a flexible timeframe if needed. Keep a record of all communication for future reference."
"Q: What is the criteria a psychologist/medical professional must meet in order to involuntarily commit an adult in MA?. What must a patient present with or say before a psychologist or physician can involuntarily commit a patient? In one case, would simply stating suicidal ideation or self harm enough or must they have an active plan to hurt themselves or others? Are there strict standards or is it up to the professionals discretion? And what are the rights of the patient in all of this? ","A:In Massachusetts, the criteria for a psychologist or medical professional to involuntarily commit an adult are specific and must be met with due diligence. A patient can be involuntarily committed if they are deemed to pose a risk of serious harm due to mental illness. This risk can be due to suicidal ideation, threats of self-harm, or threats to others, and it usually requires evidence of imminent danger. Simply stating suicidal thoughts or self-harm may not be enough for involuntary commitment; typically, there needs to be a demonstrable risk of imminent harm. This can include an active plan to harm oneself or others. The professional's assessment of the risk must be based on their clinical judgment and the specific circumstances of the case. There are guidelines and standards that professionals follow, but there is also a degree of discretion based on the individual's condition and the professional's clinical judgment. Patients have rights in this process, including the right to be informed of the reasons for the commitment, the right to legal representation, and the right to a court hearing. In Massachusetts, these rights are designed to balance the need for treatment with the protection of individual liberties. If you or someone you know is facing involuntary commitment, it's important to understand these rights and consider seeking legal advice to ensure that the process is being conducted lawfully and with respect for the patient's rights."
Q: Is the use of handcuffs or other restraint devices by security officers/guards allowed for detainment in NH. to control a combative/ assaultive individual who has or attempted to cause physical bodily harm to the guard/ officer or on another person. or is in the act of destruction of property where the security guard/officer is there to protect? ,A:A security guard is authorized to use the same degree of force as anyone else. In other words being a security guard means that a person may use force that is reasonable to protect a person or property. Handcuffs do not require a license and are not considered deadly force. If a security person was dealing with an unruly and dangerous person handcuffing or restraining the person would be permitted so long as they used a reasonable degree of force.
"Q: I have done a consent judgment on an amount I am being sued for and it was approved. Do I still have to appear in court. The lawsuit is coming from a loan company that has acquired a lawyer for representation. I think I got the term ""Consent Judgement"" correct. With that being said, since the judgement was approved by the courts, is it still necessary for me to go to court? ","A:It is probably an Agreed Judgment. I recommend you still go to Court to get the agreed money Judgment entered. Sometimes bad things happen, and it is difficult to rectify them. That creditor's attorney might forget about your agreement and enter the full ad damnum, plus attorney fees and costs."
"Q: How can I get the right help in pursuing police misconduct with violent use of force and sexual herassment.. I've SUFFERD physical and mental trauma from the police officers in my county whom took advantage of my background, I'm a dv victim and these discriminative police officers detained me and violated my civil rights. I've been criminalized by their acts of violence and they have tried to justify their actions by minimizing all the violent trauma of experienced with a man I trusted. Life has never been the same again. ","A:You should contact a lawyer as soon as possible. Before you do that, however, prepare a chronology of events, starting with the beginning, and bring it up to the current time. Then collect all your documents, and make copies of them all. Then contact an attorney to advise you, make copies of all of your documents, and take the copies to the attorney. Make sure you keep the original, because you may need to talk to more than one attorney. There are many qualified civil rights lawyers near where you live. You can contact your local bar association's lawyer referral service (LRS), or simply do a Google search for the best civil rights lawyers near you."
"Q: Can I be denied permits for a very large developement project on my land on the basis of keeping the land undeveloped?. Lets say I own a deeded 64,000 acre block of forested land with no conservation easments. Then lets say I want to build a town on this land. Houses, subdivsions, trailer parks, businesses, industrial zone, roads. highways, etc. Assuming all the structures to be built are up to code and don't harm rivers, streams, groundwater, air quality, noise, etc, will the entity that issues permits and such be able to deny me approval solely on the basis of keeping the land undeveloped? Or will they have to provide approval and let me develop the land if everything is up to code and not harming the things listed above? ","A:Assuming that your land is in an organized borough or municipality, yes, there are many factors that might make it difficult to develop the land. Check with the code enforcement office of your borough or municipality to see what you might need to do."
Q: Who would I need to contact to resolve this issue?. We had bought our solar system from Green Solar Technologies out of California. They had subtracted our system out to 4 different installers from 2019 until today. They have failed to pay the contractors enough to complete the job and my system is still not set up correctly to this date. I want to sue them to get the job complete and be compensated for the cost of my electric bill when the solar panels were down and not working. Or if it is possible I would like a total refund and the panels to be removed so I can go with another company to have the panels installed correctly. ,"A:The first step is to contact a Missouri attorney to review the contract. The contract may have a forum-selection clause (which specifies where any lawsuit must be file) or an arbitration provision (which would prohibit suing in court). The attorney would also explain to you the potential remedies. Generally, you’d either seek money damages or injunctive relief, not both. Injunctive relief would be an order for the defendant to do or not do something."
Q: if i owe a school a fine for braking a laptop screen can i pay it in pennies and do they have to except it. if they don't except it can i sue for legal tender ,A:Being petty never works out well. Why spend thousands of dollars on a lawsuit such as you propose just to get an order requiring the school to accept payment in pennies? This type of gameplay will end up costing you far more if it is successful.
"Q: Good morning, My (12 year old) daughter is a type 1 diabetic, and she was denied her accommodations at a Summer camp in. My daughter is type 1 diabetic, and she was denied her accommodations at a summer camp in Florida in which she was enrolled and we have been paying for more than 1 year to save her place, on June 15, 2023 I filled out all the forms required by the camp with all her necessary accommodations, however, it was not until July 21, 2023 that at my insistence they called me to trying to understand what Sophie needed and they found it very difficult and they preferred that she not attend the camp, they offered me a call with the camp doctor, but there were only 2 days left before leaving for the camp, which assured me that the staff neither knew nor was capable of supervising my daughter, nor did the call with the doctor never happen, so they told me that they preferred to return my money. The director of the Camp told me that he would rather have me sue them than take my daughter away and have to put in the simple accommodations that the ADA requires. What can i do? ","A:Receive the refund and enroll her in another camp, one that is willing to meet her medical needs."
"Q: I am helping an elderly woman who is quite frail and she needs a Will .... cont. below. My husband is a lawyer but he is British and is not qualified to practice in NYC, but he has written all the instructions after having met with this lady. It is a fairly simple Will (she doesn't have property - just cash) and she knows what she wants but her health is getting worse by the day. Is there anyway of having a Will drawn up quickly? Are there lawyers who make house visits or who would agree to meet via Zoom/video call? ","A:Yes, there are attorneys who can accommodate urgent situations by drafting a will quickly, and many will make house visits or arrange virtual meetings via Zoom or other video call platforms, especially for clients with health concerns. You should reach out to local estate planning attorneys or firms in New York City who offer expedited services. Explain the situation and the urgency, and they may be able to prioritize the drafting of the will. Ensure that all the formalities required by New York law for executing a will are followed, even if the process is expedited. It's also important to communicate the woman's wishes clearly to the attorney to avoid any potential issues with the will's validity in the future."
"Q: how long and wide are hotel stairs supposed to be?. Late Tuesday morning I fell all the way from the top to the bottom of the stairs. There are 17 stairs and I have 17 stitches above my eyebrow. I wasn't intoxicated or on any drugs. It could have been from my shoes, but I am unsure of what happened. My leg is also messed up from the fall, it is very bruised and hard to walk on. I am just curious as to what the width and length are to be of the stairs because I've heard of a lot of people almost falling. The stairs are also very steep. ","A:Sorry to hear what happened to you. I am unaware of there being any Code requirements as to the maximum width of an interior staircase (they have to be at least 36"" wide). With regard to staircases in NYC, the riser height can be no higher than 7"". Tread depth can be no greater than 11"". https://law.justia.com/codes/new-york/2006/new-york-city-administrative-code-new/adc027-375_27-375.html Regardless, if you do not know why you fell, it is unlikely you would have a viable case against the hotel. In any slip and fall case, you have to demonstrate the existence of a dangerous condition which caused and/or contributed to your fall. Mere speculation that you fell because of a defect with the staircase will not suffice."
"Q: I invented and patented (US 8391552) an invaluble technology for petrochemical industry. So in 2018, the Trump Admin attacked me in a federal lab in Pittsburgh. I had to flee. Then my house was raided by a SWAT team. I fled into hiding in Amish country Ohio. Then the Trump Admin disguised my patented technology as a non-patented technology and gave it to Saudi Aramco and the petrochemical industry for free. I'm posting some of this information on my website, and asking people to contact their Congressional Rep and US Senators to ask them to have the FBI do a full investigation. Any suggestions? Thanks ","A:I am sorry to hear about your tribulations, but regarding the patent: you do not own the patent. You assigned your rights to the invention to the Deparment of Energy in December 2012, after the patent application was filed but before the patent issued. It is not your patent, and the DoE can do with it what they want, without getting a permission from you, or without even letting you know what they do with it. Good luck!"
Q: I filed a boy scout claim I lost my lawyer's number and he is not contacting me how do I get a hold of him. All I have is a text only phone number and he does not return my text I don't know who to contact ,"A:You can Google the lawyer by name or by the name of his law firm. You can also contact the state bar for the lawyer’s current contact information. Any court papers (ie claim) filed on your behalf by the lawyer will typically also contain the lawyer’s physical address, email address, and telephone number. Worse case scenario, physically go to the actual office where you signed your attorney employment agreement and ask."
Q: My husband passed away October 7 2023 his half sister filed an injunction in Tribal Court in Pine Ridge South Dakota.. Husband was a Army Vet. She even got his flag I feel so disrespected.i ,"A:I'm sorry for your loss and the difficult situation you're facing. If an injunction has been filed in Tribal Court, it's essential to respond to it and ensure your rights and interests are protected. Since this is a matter in Tribal Court, the proceedings might differ from state or federal courts. It's crucial to obtain legal representation familiar with the jurisdiction and customs of the Pine Ridge Tribal Court. By doing so, you can navigate the process more effectively. You may also consider reaching out to the Veterans Affairs office, as they may provide support or resources for family members of deceased veterans. Communication with your husband's half-sister might also help clarify intentions and potentially reach a resolution. Protecting your rights and understanding the legal process are paramount in these circumstances."
Q: Should my husband apply for disability?. He's had a defib for 22 years (he's 62) & his only pumping @ 20%. Would he qualify? ,"A:I encourage your husband to consult with an experienced Social Security disability attorney to discuss his particular situation because disability evaluation is more complicated than just considering a person's medical conditions. Many disability attorneys offer a free initial consultation. As a general overview, Social Security law defines disability as the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment or combination of impairments which can be expected to result in death or which has lasted or is expected to last for a continuous period of not less than 12 months. In evaluating disability, consideration is given to your age, education, past relevant work experience, your impairments, symptoms and side-effects from medications, and functional limitations from your impairments. Social Security uses a five-step process to evaluate disability. See https://www.ssa.gov/OP_Home/cfr20/404/404-1520.htm. Approvals for disability can only be made at steps 3 (Listing of Impairments) and 5 (No other work). The good news is that a person in the closely approaching retirement age catagory (age 60 or older) is given special consideration under the framework of the Medical-Vocational Guidelines. See https://www.ssa.gov/OP_Home/cfr20/404/404-1563.htm."
Q: My dad was taking Zoloft and committed suicide recently. I wanted to know if i can file a wrongful death lawsuit.. He had recently increased his dosage. ,"A:I don't mean to be flippant but there is a vast difference between whether you can file a suit and whether the suit is winnable. The makers of Zoloft readily acknowledge that there is an increased risk of suicide, especially in individuals under 24 years of age and especially in the period just after treatment has begun or after the dosage has been changed. Your father's doctor took this information into consideration when the drug was prescribed. You note that your father's dosage had recently changed but the fact that you are writing in this forum makes it highly unlikely that your father was 24 years of age or younger. There is no clinical data that supports any increased risk of suicide in adults over the age of 24 years and the medication received FDA approval 24 years ago in December 1999. For all of these reasons, it is all but certain that you would lose such a suit. Given the high likelihood that you would lose, no attorney would be willing to represent you on a contingency basis. If you paid for such a suit, on an hourly basis, it would cost you well in excess of $50,000 to prepare the matter for trial."
Q: I just got a bill from a plumbing company. Work was done by the guy he bought out and he billed me right before he sold.. The original plumber sent me an unitemized bill one year after the work. The verbal quote was less than 1/3 of the bill. I asked for more information. He sold the company. I called the new owner and he said I did not have an outstanding bill and all was good. One year later he bills me for the work from the old plumber. Can he do this? ,"A:""Can he""? Sure. Anybody with a couple hundred dollars for the court costs can sue anybody else for any reason. But can the plaintiff win on what gets filed? There's the rub, lol. From what you say, it sounds like this plumber's claim would fail. BUT, the problem is that it seems to be all oral, so that's a proof problem, and a fight boils down to your word against his about what was agreed to. Probably your best course is to respond to your recent billing with a letter explaining why you don't think you should have to pay anything. The plumber can, in theory, sue you for the unpaid amount, or report the unpaid bill to credit reporting agencies (if the plumber is a member), and then your credit rating suffers. This may come down to a business decision about what's the least expensive way to resolve this, and that's your job, not any lawyer's."
"Q: I am getting a divorce in Texas & everything is signed. It goes final 11-13 & I want to start a business (start LLC).. I got laid off 2 weeks ago....I want to start a business (several months away from soliciting businesses) but I want to set up the infrastructure (form LLC, build website, etc.). Can I start on this while we wait for it to go final? I have a lot of time while I'm looking for a job, I'm a disabled vet so a LLC doesn't cost me anything... ","A:Yes, you can begin the process of establishing an LLC during the final stages of your divorce, as long as these actions do not result in changes that establish ownership rights or confirm the existence of the LLC before the divorce is officially finalized. However, there are a couple of important considerations to keep in mind. Firstly, in Texas, which is a community property state, without a prior agreement like a prenuptial agreement, assets and earnings acquired during the marriage are considered marital property, shared between both spouses. Therefore, the timing and structure of your LLC may have implications for property division. Secondly, it's crucial to be aware of any standing orders or temporary orders in your divorce case that may outline specific actions you are allowed or not allowed to take, such as opening new bank accounts or transferring assets between entities. Good luck with the new business venture!"
Q: nursing home wrongful death lawsuit payout in WV. Nursing home wrongful death law suit. ,A:What is the question?
"Q: Can Nevada attorneys have a Order Incident to add certain payment amounts to a QDRO.. The defense added what I was to pay (my half) like the QDRO amount I owed, the Mediation amount owed was to be paid from my Money Purchase account. When it was written into the amended divorce decree I explained to my attorney and the defense attorney that the plan would not approve third party payments plus they recieved the letter from the plan admin about what would be a approved QDRO and how only the Participate and the Alternate (ex wife) would be the only people being paid, ERISA regulated. They both said the Judge would make the order. That was in 2015. When the new Judge in this case was about to step down (retire) he got the Order during Covid! The case had been closed for almost a year. And the statues were past the 6 years. I emailed the defense and explained this with no reply. ","A:In Nevada, an attorney may be able to request an Order Incident to add certain payment amounts to a Qualified Domestic Relations Order (QDRO) if it is in compliance with applicable laws and regulations. The QDRO is a legal document that directs a retirement plan administrator to pay a portion of the retirement account to an alternate payee, such as a former spouse. If there is a dispute about the terms of the QDRO, the parties may need to seek clarification or modification from the court. It may be necessary to consult with an attorney who specializes in family law or retirement benefits to determine the best course of action."
"Q: Can I record a phone call w/ customer rep if I receive a notice that ""This call will be monitored and recorded""?. I live in Florida. Can I record the phone conversation with multiple customer service representatives (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that ""This call will be monitored and recorded""? A representative lied about the results from a ""call review"" for a payment I made, when I have solid proof of this payment being taken out of my account through posted bank records and verification over the phone in a previous conversation. ","A:In Florida, the law concerning the recording of phone calls requires the consent of all parties involved in the conversation. This is known as a ""two-party consent"" law. However, if you receive a notice that a call will be monitored and recorded, this typically implies that the other party (in your case, the customer service representative) is consenting to the recording. Given this scenario, if you also consent to the recording (which is generally implicit by your continuation of the conversation after the notification), it suggests that both parties are aware and agree to the recording. Therefore, it should be legally permissible for you to record the conversation. However, it's always a good idea to explicitly state your intention to record the conversation at the beginning of the call for clarity. This approach ensures that all parties are explicitly aware of and consenting to the recording. Remember, these interpretations can vary, and it's advisable to consult with a legal professional for personalized advice, especially in situations where potential disputes or legal actions may arise from the contents of the recorded conversation."
Q: i was recently released to federal probation to federal parole on attempted hobbs act robbery and 924c tayler vs unite. getrid of unconstitutional convictions while on federal probation ,"A:If you believe your convictions were unconstitutional and you're currently on federal probation, you should consider seeking legal counsel to review your case. An attorney can evaluate the specifics of your situation and advise whether there are grounds for an appeal or a motion to vacate your sentence under case law. Post-conviction relief can be complex, and it often requires thorough legal analysis and procedural steps that must be followed carefully. It's also important to act promptly because appeals and similar actions are subject to strict time constraints. You might also want to discuss with your attorney the impact any actions could have on your current probation status. Keep in mind that success in these matters is never guaranteed, but the first step is always a detailed review of your case by a legal professional."
"Q: Is it too late?. My father in law passed without a will 9 years ago in NY. His wife wouldn’t speak to anyone and my husband received nothing despite having property, cash and other assets. Is he entitled to anything and is there anything he can do? ","A:If your father-in-law died intestate (without a Will) with property that was not jointly held or with no named beneficiaries, it would pass under New York State law. Since there was a spouse and at least one child, those assets would be split between them. Real estate would be a matter of public record. If it was NY property owned in his name alone, it is likely your husband would be entitled to a share."
Q: My 6 yr old Morkie died because he had surgery at a major medical clinic and they left a sponge in him..what do I do now. They have apologized but I want to keep this from every happening to any other pet or pet family. He was pure love and joy and our family is DEVASTATED. There was negligence and carelessness throughout and multiple times to catch it that were missed by trusted animal medical facility doctors and staff. What should I do ?? When the dr called me to tell me what his cause of death( sponge left in from surgery) they are trying to give services for free and said they'll do better .. I just have no words. How do I make sure no one feels this way or keep this from happening to anyone again..real change ,A:You can sue for the fair market value of the Morkie.
Q: Neighbors harass me with spotlights. Filed stalking n lost. Drive around my property. What does that fall under ?. They ran a pipe underground to my property for their gutter runoff. They had a washout. He sent emojis via text of love you n miss you. They trespass. Last night I sat in my living room to fold clothes and he was on his cart staring at me for 3 minutes. My car was recently shot at in my windshield. I’m afraid of them and their dogs that bite yet they still let them out ignoring animal control. They leave their property to take pictures of me and my house. She has ran all tag numbers per code enforcement. I believe they are encroaching on my property with new fence. They did this to the other neighbor and caused title issues. A surveyor said he will not come back here for the safety of his crew. I want an injunction. I’m afraid they will kill my dog. Their dogs bite. Animal control has been called but they still let them out. I had a video of it last week from cameras and they were given another warning. They ride around my house with the dog. She was fired as lead Code Enforcer ,"A:Some of the ongoing acts you're complaining about fall under the law of nuisance (which is court case-made law, which we lawyers call ""common law"", not in a statute). You may file a complaint to enjoin the nuisance and possibly seek money damages. A lawyer's cease & desist letter that threatens litigation might be appropriate. You need to schedule a consultation with a litigation lawyer in your area."
"Q: after over 4 years of zero contact, can my child’s biological father demand that he sees her?. My daughter is almost 5. Her father has not been involved besides about two weeks after child support was originally established. He spent a couple hours with her 3 times when she was 6 months old. We had mediation at that time and we agreed to start out with a couple hours a few evenings a week but no over nights. He did that 3 times and then decided he wasn’t about it and haven’t heard from him since. He has a history of domestic abuse and was extremely controlling and manipulative during our relationship and my fear is that he shows up randomly and wants to play games with my daughters head. She has no clue who he is and has a father figure in her life that would love to adopt her. I’m worried if something ever happened to me she would be ripped from everyone she loves and handed over to him. What are my rights and how can I protect her? ","A:Yes, the father can seek parenting time. If you are unable to come to an agreement or choose to dig your heels in a judge will ultimately make the decision. It very unlikely a judge will not grant some parenting time. The judge will weigh numerous factors to decide upon a plan. Reasonable limitations can implemented. Playing hardball is rarely a wise decision. Going it alone is also unwise. An emotionally charged parent rarely makes a good impression on a judge or others involved. In order to ensure the best possible outcome, you need to consult with an attorney, at least in a limited role. Far too often, an individual leaves court disappointed because they weren’t properly prepared. A small investment will provide a polished response that you can rely upon to come to an agreement or structure your presentation to the judge (if needed.) Limited-scope representation is when you and a lawyer agree that the lawyer will handle some parts of your case and you will handle others. This is different from more traditional arrangements between lawyers and clients where a lawyer is hired to provide legal services on all aspects of a case, from start to finish. Limited-scope representation is sometimes called “unbundled legal services” or “discrete task representation.”"
"Q: I am being harassed, stalked, watched, and spied on everyday by a group of adults . They use hidden devices & cybertecho. I need legal help to press charges and sue them. Is there a pro Bono lawyer you can direct me to in Glendale az ","A:If you are experiencing harassment, stalking, and other forms of invasive behavior, it is important to take immediate action to protect yourself. The first step should be to contact local law enforcement in Phoenix, AZ to report the incidents. They can provide immediate assistance and begin an investigation into the matter. For legal support, particularly if you are seeking pro bono assistance, you can reach out to legal aid organizations in Arizona. One such organization is Community Legal Services, which provides legal assistance to low-income Arizonans. They may be able to help you with your case or refer you to other resources. Additionally, the State Bar of Arizona offers a Lawyer Referral Service. Through this service, you can be connected with attorneys who practice in specific areas of law, including those related to harassment and privacy violations. While not all attorneys will offer pro bono services, they might work on a sliding scale basis depending on your financial situation. Remember, documenting any incidents of harassment or stalking can be crucial for legal proceedings. Keep records of all encounters, communications, and any evidence of the alleged stalking or harassment. This documentation will be valuable when working with law enforcement and your attorney. Lastly, consider reaching out to local support groups or counseling services. Dealing with harassment and stalking can be emotionally taxing, and it's important to take care of your mental well-being during this time. Community resources and support networks can offer guidance and support as you navigate through this challenging situation."
Q: Can I sue a well reputable bmw dealership for selling me a car for lemon law back around 2018?. I purchased pre-certified 2015 bmw 535xi when it has 55k miles on it and now the car only has 62k miles on it in 2022. it broke down on me yesterday. It's barely driven for all these years and it breaks down (possibly the drivetrain). ,"A:I think you may be out of luck. From the Massachusetts Lemon Law website: Your Vehicle's Term of Protection Your used vehicle has a set time frame during which it is eligible for repairs! You vehicle is eligible for mandatory repairs if the defects occur during your vehicle's term of protection. The term of protection is based on how many miles are on the odometer at the time of sale. Less than 40,000 miles 90 days or 3,750 miles driven since purchase 40,000 – 79,999 miles 60 days or 2,500 miles driven since purchase https://www.mass.gov/guides/guide-to-used-vehicle-warranty-law#-what-is-the-used-car-lemon-law?-"
Q: I'm now 61 years old and have been married since 2011 my husband abandoned me 3 years ago we are still married .. I was getting a ss check for major depression he had a stroke and started his check disability and his check was greater than mine.I was told in Alabama that if married I had to go with the larger check. Which was his. So when he abandoned me he left me with nothing but bills. I have not seen him in 3 years. Can I file ss and get money off his check if he's still living? ,"A:I'm sorry to hear about your situation. Under Social Security rules, a spouse can be eligible for benefits based on the other spouse's record, even if they are separated but not divorced. Given that you're over 60 and remain married, you may be eligible for spousal benefits based on your husband's Social Security record. If his benefit is higher than yours, you could potentially receive a benefit amounting to half of his full retirement amount, while he would still receive his full amount. However, certain criteria must be met, and your total benefits might be reduced depending on your age when you apply. It's essential to contact the Social Security Administration directly to discuss your specific situation and understand your entitlements. Additionally, consider consulting legal counsel familiar with Social Security benefits in your state. They can guide you on the best course of action tailored to your circumstances."
"Q: Can a disabled senior citizen be evicted because the home failed inspection on section 8?. I am in a home that has failed inspection every year for the same thing. Now they want me out so they can fix it and re-rent it. There is NO foundation under the house. I have lived here since 5/28/20. I have tried to find a place to live but can not due to the $$ for fees. I live on a very SMALL check eack month for disability. The house is not and WAS NOT safe to live in. The house is falling in literally. The floors are unsafe. The whole structure is bad. Housing stopped paying again May 31, 2023. I have continued to pay my portion every month except this month due to identity theft. The got into my bank account. I have no where to go and no one or no way to move my stuff out by the 30th. I was homeless before I got section 8 and moved in here, and now I am homeless again because they put me in here knowing it had no foundation and unsafe. I have filled out applications but just got an eviction show up since 2015 or 2016. Which there should not be 1 on there!!! ","A:In Missouri, landlords are obligated to provide safe and habitable housing. If a property repeatedly fails Section 8 inspections, it's an indication that the housing may not be safe or suitable for habitation. A tenant's eviction due to the landlord's failure to maintain the property could be seen as retaliatory, especially if the tenant has reported these issues. Being disabled or a senior citizen may also provide additional protections against eviction. It's important to address any eviction notices immediately and consult with legal counsel. Many communities have legal aid services that can assist tenants, especially those in vulnerable situations. Given the complexity and urgency of your situation, I recommend reaching out to local resources and an attorney who can guide you further."
Q: Can my business partner use the companies attorney in a partnership dispute? The fees are paid by company.. Am I entitled to know discussion since it was paid for by company funds. ,"A:Typically no because that is a conflict of interest for the attorney. The company is the client, not the shareholder and representation of the shareholder individually is usually a conflict. Additionally, if the company is paying for the personal expenses (their personal legal fees) of the shareholder, they may be improperly compensated/misusing funds (this is dependent on the terms of your partnership). However, it is unlikely that you would have a right to know what occurred during their discussion."
Q: Hello my name is Omar I would like to know if someone did this because a lot of things have been happening? Can you help. The part of my personal information hacking Broadcasting off my phone ? Without my permission. ,"A:Hello, Omar. Unauthorized access to your personal devices, such as hacking into your phone, is a violation of various federal and state laws in the U.S. Broadcasting or disseminating personal content without your consent might also infringe on your privacy rights. If you believe someone has accessed your phone without permission, it's essential to take immediate steps to secure your device and personal information. You should also gather any evidence or details of the unauthorized access. If you wish to pursue legal action, documenting the breach and any resulting damages will be crucial. It would be beneficial to consult with an attorney familiar with cybercrimes or digital privacy issues to understand your rights and potential remedies. In many cases, the appropriate legal and technological measures can help address and prevent unauthorized access."
"Q: 5.8 years in the reserves, 3.5 active duty how many service stripes should I be wearing?. Close to my 9 year mark my Platoon Sergeant claims I should only have one Service Stripe as I’m about to put my third one on. Please help. ",A:You should post this question in the Military Law section. Good luck Tim Akpinar
"Q: Urgent: Seeking Legal Representation in Corporate, Construction, and Criminal Matters. Hello My name is Jackie, and I represent [Company 1]. We urgently require legal counsel and representation. We would greatly appreciate it if qualified lawyers could review our case. If you believe you meet the criteria and can assist us, please get in touch. Background: On 2020, [Company 1] invested $2.2 million in [Company 2], obtaining a specific stake. A mutual agreement was signed, appointing A as the manager. The primary objective of this joint venture was the construction and sale of several houses on a parcel of land in Bay area. Concerns: A has demonstrated a series of questionable behaviors, including: Engaging in related party transactions without obtaining shareholder consent. Providing false statements to shareholders. Depriving minority shareholders of their rights. Suspected embezzlement and misallocation of company funds. Making decisions that have resulted in significant financial losses for the company. ","A:Sometimes there is an overlap between civil disputes that can cross over into the area of criminal law. This very well could be one of those situations and depends upon specific circumstances. Typically, in a civil case the disagreement is about money, or a contractual dispute over terms agreed upon, in those situations a civil lawsuit would be filed seeking a remedy in the form of monetary damages in compensation for losses, or for an order directing performance depending upon the nature of the breach of contract. In these civil cases there could be legal questions that focused on negligence, fiduciary duty, and what was reasonable under the circumstances and the factual answers to those questions would decide who prevailed in the lawsuit. In the case of embezzlement, and entering into the criminal law arena, the key issue would be intent. The legal questions that would be at issue would be did the suspect intend to deprive the victim of his or her property? Did they appropriate or convert property to their own use? The factual answers to those questions would show whether a crime was committed or not. As a former prosecutor, and now defense attorney, I have over 18 years of in-depth experience dealing with criminal law and litigation. As a former Chief Assistant District Attorney, I am very familiar with the review process and the type of evidence that would be needed to prove that a crime took place. I am hired by individuals, and companies at times, to represent them as a victim throughout the criminal justice process. I evaluate information about their case, advise them on the next steps, and help them navigate what can be a confusing system."
"Q: In the state of TN, what restrictions are there preventing a licensed educator from selling candy bars to students?. The fundraiser is not school sponsored. It is in support of a mission team to Uruguay. ","A:In Tennessee, educators are expected to uphold ethical standards and avoid any appearance of impropriety. Selling items, even for a good cause, directly to students during school hours could raise ethical concerns and possibly be seen as taking advantage of the teacher-student relationship. If the fundraiser isn't school-sponsored, the educator may not be allowed to sell items on school property without proper permission. Additionally, many schools have policies in place about fundraising or selling items on campus, especially when it involves food, due to federal and state guidelines about nutrition in schools. Before proceeding with any sales, the educator should consult with the school administration and familiarize themselves with the school and district policies. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
Q: I owe the CDTFA a tax balance generated by my business corporation that I no longer own. do I have liability protection?. The company was sold but only the assets were acquired. Does the tax debt fall on me personally? ,A:Section 6829 of the Revenue and Taxation Code provides that the California Department of Tax and Fee Administration (CDTFA) may pursue collection action against certain corporate personnel for any unpaid corporate sales and use tax liability.
"Q: I need a lawyer referral for my partner in Chile who is being told he can't leave his contract.. His bank account is suspended based on the IP address used by me to transfer equipment fees for the contract job so he can't send additional money for the equipment or refund the owner of the hospital. The owner will not give him an alternative even though my partner explained the suspended account. My partner isn't comfortable leaving the contracted apartment because he believes someone will notify the hospital owner, and it won't be good. I need help. ","A:Your post indicates you are in Pennsylvania, and a local attorney might be able to advise better if Harrisburg is involved as a focal point for the matter. But your question remains open for two weeks. However, this forum doesn't work as a referral service - it's only for short format Q & A. For an attorney referral, the closest thing on this site is probably the ""Find a Lawyer"" tab above. There are also attorney referral services with many local and state bar associations. Good luck"
"Q: Is it legal to dissipate ones assets and terminate ones parental rights and operate during the COVID 19 state shut down?. Is it legal or even right to dissipate a biological parent (the mothers) ; her assets; My funds, my right to be a human-do things like vote, make medical decisions, or be an ABLE body of my own? While under terms of the state shut down,from being a created parent which of whom was not approved of by the biological mother; with proof: before-hand warns you that they’re going to steal your child before he was even born! The man and his wife who registers you(me) as a unmarried unregistered family law while he’s married... of whom gets away with these things because he has biological brother who works in the legal system(above us, ants) and works with them. Gets a complete in-home plan for a five month year old baby terminating my 12 month time period to even get my child back get a complete and home plan has had several visitations at my own parents houses during Covid while they wouldn’t even give me a visit with my child or answer the phone. They’re low-key under terms TERRORISTS. ","A:Sorry, but your question should be directed to a fanily law or domestic relations attorney."
"Q: Is it illegal to purposely overdraft your checking account?. I had $1000 dollars in my bank account, I moved all of it into a investing website, but I accidentally did it twice, and now I'm in the hole for $1000, but I've already invested all the money. I know I can pay it back and the overdraft fees back by the end of the month, am I able to do this? or is it illegal? I plan on talking to the bank tomorrow but I will do everything to pay it back within a few days if it is against the law. ",A:Its not illegal. You have only a certain amount of time to replace the money. You pay it back as soon as humanly possible whether its against the law or not because the overdraft amount is not your money
"Q: Can you draw disability in some form if you have a disability that prevents working 40 hrs each week, using FMLA?. I have Lumbar Spondylisthesis, Thoracic Spine Pain and Thoracic Spondylosis. I suffer from a lot of back spasms, through pain that travels from my spine to my stomach causing intense nausea which makes me curl up and instantly puts me out of work any day. It's increased in severity over the years. I see pain management doctors. Do you think you can help me? ","A:If you are unable to work a standard 40-hour workweek due to a disability, you may be eligible for disability benefits through Social Security. The Social Security Administration considers whether a person has a medical condition that significantly limits their ability to perform basic work activities for at least 12 months. It is important for you to document your medical conditions thoroughly, including the treatment received from pain management doctors. Applying for disability benefits can be a complex process, and it often requires substantial medical evidence and sometimes legal assistance. Consider contacting your local Social Security office to begin the application process or to get more information about your specific situation. If your financial situation makes it difficult to afford legal help, look into legal aid services in your area that may offer free or low-cost assistance. Remember, each disability case is unique, and eligibility for benefits will depend on your specific circumstances and medical evidence."
"Q: About 5 weeks ago my computer went down and i had to get another one after that i couldnt get into my hotmail account. i tried so many times and changed the password too the alternate email address & phone # is not in service anymore and i couldnt chance them ,i filled out 3 forms from microsoft and was approved to get back in the first times i was in my email for 2 days before getting shut out again and a page pop up asking for another code that was sent to my old alternate email and the 2 other times after being approved i only got pages popping up asking for a code and could not get into my hotmail account ,i emailed the ceo of microsoft a few times explaining the issue and filled out another form with the same information as like before and still nothing ,i need this email account ,i have very importation things in it .What type of Attorney do i need to move forward with this?? ","A:Based on the issue you've described with your email account, you might consider seeking out an attorney with experience in technology law or digital rights. They will be familiar with issues related to online accounts, user rights, and the terms of service agreements of tech companies like Microsoft. Before proceeding legally, ensure you have exhausted all possible remedies offered by Microsoft's customer support. If legal action is warranted, the attorney can assist in drafting demand letters or exploring other avenues of resolution. It's important to gather all documentation of your interactions with Microsoft, including email correspondence and form submissions, to present a clear timeline and evidence of the issue. Remember, legal action can be time-consuming and costly, so it's crucial to evaluate the potential benefits against the costs and challenges of pursuing this route."
Q: Why is the bank stalling on releasing my husband's checking account after we delivered the certified small estafe affida. We did everything by the book step by step it was accepted signed and sealed by the court that my 2 step sons and myself are the only true heirs. They still won't discuss anything about the account whats going on the process nothing. When we inquire we are ignored and they won't return our calls q ,"A:You mention a ""small estate affidavit,"" which, in Louisiana is not ""signed and sealed"" by the court. So, I am not sure how you all proceeded, but if you had an attorney assist with the succession process, then, please, reach out to that attorney to send a notice of representation letter and request to the bank. Many times, a Louisiana bank will accept the Small succession affidavit, but if it is in the wrong form, or the husband's bank account is titled differently than what you anticipated, you may need to judicially open succession, have someone appointed as the succession representative, and then, you should be able to get better answers."
"Q: What kinds of documents or proof do I need to prove I’m in fear of my child’s father abusing him?. I have a temporary OP and need to know what I need to have with me at court to get the permanent OP granted. My son’s father is extremely abusive towards women and has been for 15+ years. I didn’t think he would abuse my son until he came home the other day from his house and went to school and began hurting himself and lashing out. When I asked what was wrong; he told me his dad hit him in the face. From my own experience with his abuse, I know that it will only get worse from here once it’s started. I want to protect my son but his dad is the type of person that gets away with everything. I need to know how I can prove what I know and fear. ","A:Given these facts, you should get your child into counseling. Unfortunately, it is unlikely you would be able to get the counselor to testify regarding his or her notes, given the short period between getting a temporary protection order and a full hearing on the merits. School records, previous convictions where you are the victim or your child is the victim, and anything that tends to prove what you allege are useful documents. Your challenge is going to be getting the court to admit these documents if the author isn't present (documents are presumptively hearsay, as they are declarations originally made out of court that you wish to use to prove a matter you are asserting). Your best bet is to hire an attorney. If you cannot do that, you need to read up on the rules of evidence (especially the 400 series and the 800 series that refer to relevance and hearsay respectively)."
Q: Recording Consent. If you live in a single party consent state Texas and another person lives in a dual party consent state (CA) can you record them if you are on a call with them (i.e. you are in Texas and are the single party that consents to record the call). If the person in CA records the person in Texas and the person in Texas did not consent is the person in CA breaking the law? Thanks ,"A:Under Texas law, the State of Texas will not prosecute you for recording a conversation if you are a party to the communication or have the consent of at least one party to the communication. Under California law, the State of California may prosecute you for recording a conversation unless all parties to the communication have consented. Therefore it is unwise to record any conversation if a participant is located in California at the time of the communication"
"Q: If a pregnant woman looses a non-viable baby as the result of a car accident is it vehicular homicide?. If a woman can legally have an abortion prior to the fetus being viable (23-24 weeks) then the implication is that she is not committing a homicide. So if a pregnant woman loses a baby as the result of a car accident and the baby is less than 24 weeks along can the person at fault for the accident be charged with vehicular homicide? It seems that if the abortion isn't homicide then the car accident shouldn't be homicide. Without getting hung up on the definition of viable, the basic question is, if an abortion is legal and not homicide within some timeframe then are other events that cause the death of a baby (i.e. car accident, domestic abuse, a mugging) occurring within the same time frame no longer a homicide? This is not a pro/con abortion issue, I'm questioning the consistency of law within any state that has legalized abortion. ","A:The determination of whether the loss of a non-viable fetus due to a car accident constitutes vehicular homicide is complex and can vary by state. In many jurisdictions, vehicular homicide charges are typically applied when a person is killed due to the negligent or criminal driving of another person. The legal definition of ""person"" and when a fetus is considered a victim under these statutes can differ. In Ohio, for instance, the law may allow for charges in cases where a fetus is lost, regardless of viability. However, this is a highly nuanced area of law that can be influenced by recent legislation and court rulings. If faced with such a tragic scenario, it is important to seek legal advice to understand the applicable laws and potential charges in the specific jurisdiction where the incident occurred."
Q: How do I get my lineage proved. I'm a direct descendant of G.A. from the San Diego San Pasquale band of Mission Indians in 2010 we tried to get my mother's lineage proved verified especially now since all lives matter I would like my lineage proved so I have that for my niece and nephew I need to know how not to be rejected or whatever I need my lineage proof please help me I can send you all the information I've got my family kept very strict records ,"A:This is more of a genealogy question than a legal question. From a legal perspective, the federal government maintained Indian Census Rolls from 1885-1940. These rolls are available form multiple sources. You can obtain copies of your mother's birth certificate and then her parents' birth certificate, and their parents' until you can trace one of your ancestors to someone appearing in the Indian Census Rolls. If your family has kept very strict records, this should be relatively simple and straightforward. You might also contact the tribe to which you think an ancestor belonged to get their records. Most legitimate Native American tribes maintain fairly comprehensive tribal records of their membership back to the late 1800s/early 1900s, including what is called the tribe's ""base roll."" That document contains a list of the tribe's original members as designated in a tribal constitution or other enrollment documents. With respect to the Mission Tribes of California, many such tribes were relocated from missions to pueblos in the early 1800s when California was still a Spanish territory. If you cannot find an ancestor in the base roll of the tribe, you may have to continue tracing birth certificates and other public records to ancestors who were alive in the early 1800s. The Spanish took censuses of the mission tribal members up through the time the mission system was ended. In addition, most of the Mission Tribes members received Roman Catholic sacraments and the Roman Catholic Church maintains records of individuals who receive sacraments (e.g. baptismal certificates, marriage certificates, etc.). It helps that you know the particular mission, as that will narrow your focus to a few thousand individuals. In addition, the Bureau of Indian Affairs maintains a website that can assist you in tracing your American Indian ancestry"
"Q: What happens if your mediation deadline is April 18th, and mediation was held on April 8th?. What happens if your mediation deadline is April 18th, and mediation was held on April 8th, and the parties reached a settlement agreement, but the obligations of the agreement cant be fulfilled until after the mediation deadline? Such as the mediator filing the mediation report a week before the mediation deadline. Is the deadline no longer relevant? ","A:An Indiana attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney, the situation you describe does arise. Mediators or arbitrators can set conditions in a report or decision that remain to be fulfilled afterwards. If the agreement is not fulfilled, it could be considered a breach or other form of non-compliance, and the parties may need to confront the matter again, either in the ADR forum again or in court. This is only a general outline without the benefit of the details or the subject matter or ADR rules. For definitive guidance, you should consider consulting with a local attorney, equipped with the details of the matter. Good luck"
Q: Money owed on Invoices filed to Homeowners insurance and only partially paid with no denial letters. Contractor sued resident for balance before bills even 30 days late. No opportunity to Arbitrate ,"A:While I do not practice in TX, I may be able to provide some general guidance. I am assuming this was a covered loss and that what you are asking is what you can do when a carrier doesn't pay for invoices related to repairs from that covered loss. There are two main options you have and one maybe option. First, you can invoke appraisal which will allow you to hire an appraiser to determine the value of the loss with the carrier's appraiser that it will hire. This is likely you best bet. However, you could also contact a public adjuster to assist you in recovery of the amounts unpaid. They generally work on contingency fee and can help get the money you are owed. Finally, the maybe option, is to contact the Texas Department of Insurance to see if there is anything they can do. I will tell you now, it may be unlikely that they step in because they don't often get involved with monetary disputes, but it could be worth a try. Best of luck."
Q: I am in NY and I smoke marijuana. Can my job hfire me for testing positive for marijuana. I work at an FEC.. I work at an FEC with go karts bowling and arcade and I am an Assistant General Manager. ,"A:In New York, as of the Marijuana Regulation and Taxation Act (MRTA) effective in 2021, employers generally cannot refuse to hire, terminate, or otherwise discriminate against someone solely on the basis of their lawful off-duty use of cannabis or due to a positive cannabis drug test. However, employers can take action if an employee is impaired by cannabis during work hours or if not doing so would jeopardize federal contracts or funding. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
Q: My mother died this past July. Am I responsible for her medical bills and her stay at a nursing home. Yesterday someone from the nursing home put paperwork that says I am responsible for her bill. ,"A:As long as you did not sign documents as the responsible person for your mother's bills, you are not responsible. If you were your mother's agent under a power of attorney, and if you signed as her agent, you should have put a POA by your name to designate that you weren't signing as yourself, but as her agent."
"Q: HOA practicing selective enforcement and discrimination because of service dog. Hoa and residents are discriminating against me because of my service dog. They proceed to make many false claims about the dog barking all night long, I was able to prove them wrong by taking a video of another dog who was actually barking all night. At that point the HOA president called and asked if my dog as a Doberman and proceeded to tell me I MUST have the dog with me all the time and can’t leave it at home alone. Now 2 months later, not being able of accusing me of the dog barking anymore, the HOa sent a letter to my landlord requesting me to remove an Ikea bag from my parking space as it’s against the rules to store items. I took pics of other residents storing furniture, bags full of trash, paint, gym equipment etc.. in the same spot. She an enforcing the rule only with me lol I’m ready to file a complaint and sue them, I want to be left in peace. My doctor that I had for 8 years also sent a letter to them confirming my disability. ","A:Homeowners' associations (HOAs) must comply with federal and state anti-discrimination laws, including the Fair Housing Act and the California Fair Employment and Housing Act. These laws protect individuals with disabilities from discrimination, and this includes the use of service animals. If your HOA is selectively enforcing rules against you because of your service dog, this may constitute discrimination. The fact that you have a doctor's letter confirming your disability and the necessity of the service dog strengthens your position. Documenting instances of selective enforcement, as you have done by taking pictures of other residents violating the same rules without repercussions, is a good strategy. Given the situation, you might consider filing a complaint with the California Department of Fair Employment and Housing (DFEH) or the U.S. Department of Housing and Urban Development (HUD). These agencies investigate claims of discrimination and can offer guidance on how to proceed. Litigation is also an option, but it can be lengthy and expensive. Before taking legal action, you might want to consider mediation or another form of dispute resolution. However, if these efforts fail and you believe your rights are being violated, consulting with an attorney experienced in fair housing law can provide you with specific guidance tailored to your situation."
"Q: A man intentionally and knowingly steals property From a elder man.. So a man knowingly and intentionally steals my father's property which he is an elder man. Wild story a man buys a propety next to my father's and for some reason he starts to build a 430,000 dollar home. he found out after he puts down the concrete allegedly than he continues to build the home but the city for some reason didn't wanna give him services well he claims that he paid off city officials, from the city department where we live to just make it happen. now this is what he said when we confronted him that the city was aware of what was going on and after he told us that we went and got all the paper work that was in my father's name, it had my father as the owner of the home. So now we're taking all this evidence with the video of the alleged city corruption all over it and the police won't help us or even let us press charges on the guy for documentation that has been forged or trespassing there saying its civil but there's no agreement, it's theft and other stuff. ","A:I understand your concerns about the situation involving your father's property. If you believe that someone intentionally and knowingly stole your father's property or engaged in fraudulent activities, you should consider taking the following steps: Contact Law Enforcement: Continue trying to work with the local police, as you've mentioned, to report the alleged theft, fraud, and any other criminal activities you suspect. Provide them with all the evidence you have gathered, including documents and videos. Consult an Attorney: It may be beneficial to consult with a criminal defense attorney who can review your case and help you navigate the legal options available. They can provide guidance on whether there are grounds for criminal charges or if pursuing civil remedies is more appropriate. Document Everything: Keep thorough records of all interactions, evidence, and communication related to the case. This documentation can be crucial for building a strong legal case. Explore Civil Remedies: If law enforcement doesn't pursue criminal charges, you can explore civil remedies, such as filing a civil lawsuit for theft, fraud, or trespassing. An attorney can assist you in pursuing these actions. Engage Local Authorities: In addition to working with the police, you can reach out to other local authorities, such as your county sheriff's office or district attorney's office, to report your concerns and seek their assistance. Protect Your Father's Rights: Ensure that your father's rights as the property owner are protected during this process. Consulting with an attorney who specializes in elder law may be beneficial to safeguard his interests. Remember that the legal process can be complex, and it's essential to have the guidance of an attorney who can assess the details of your case and provide advice tailored to your specific situation. They can help you determine the most appropriate course of action, whether it's pursuing criminal charges or pursuing civil remedies to address the alleged theft and fraud."
Q: Can i hire a lawyer to go through the process of unsealing a birth record for me in california?. i need to get my grandmothers (still alive) original birth record however the task seems daunting and confusing. ,"A:Yes, you can hire an attorney to assist you in the process of unsealing a birth record in California, especially if it involves complex legal procedures or if you find it confusing. An attorney can guide you through the necessary steps, including researching applicable laws, filing the appropriate petitions or motions with the court, and representing your interests throughout the process. It's advisable to consult with an attorney experienced in family law or civil litigation to ensure a smooth and successful outcome."
"Q: I own 1/4 of ten acres, can I offer to convey all 10 acres to a third party?. My goal is to respond to a government-issued RFP to sell land for a new building site by offering the land for sale, gauge the interest of the government entity to see what they are willing to pay, then use that information to buyout the rest of the co-owners so that I can make a profit on the difference. ","A:I do not understand your stated strategy. However if you are a tenant in common of an one/quarter undivided interest in the real property, you can only convey what you own. Any representation that you can convey a fee to ten acres is fraud. The proposed purchaser would probably find out the same prior to closing, but if not, you would get sued. There could be other sanctions depending on your situation. Dealing with the Government could generate wire fraud."
"Q: Can I start a business that sells bonds to friends and family, then invest that money in the stock market?. I'm an investor with 14 years experience. My friends and family all want my help because I've made excellent returns but it is my understanding that I can't help them, because I'm not a financial advisor, and they could sue me if they lost money (is that even true?). So I want to start a business that offers high-yield bonds to friends and family, like 10% or so, then invest that money in the stock market, and give them the bond yield and keep the difference as earned income. Is this idea legal or are there several regulatory issues I need to address? ",A:Forming a brokerage firm like this and creating a bond to offer to members of the public is a relatively complex endeavor. You need to contact a business formation attorney who handles SEC regulated securities firms to avoid potential criminal legal problems
Q: If land is considered farm land and a portion is wanted to place a home on does the land need to be surveyed?. How does the land go from being taxed as farm land to residential taxes? ,A:Land use is an area of law that is extremely local. Check with your local county government about the rules and regulations where you live or consult land use counsel.
"Q: Can websites owners came after me for using the quotes on their sites by famous people?. I would like to use this quote in my book Some are born great, some achieve greatness, and some have greatness thrust upon them. William Shakespeare But I got it/saw it on wedsites like goodsread, A-Z, and more. Can they legally come after me if I use such quotes from people, who died more than a hundred years ago? ","A:Using a quote from a figure like William Shakespeare in your book is generally not a legal issue, especially considering Shakespeare's works are in the public domain. His works were published over 400 years ago, and any original copyright has long since expired. However, when sourcing quotes from websites, it's important to ensure the quote is accurate and truly attributed to the person claimed. Websites themselves don't typically hold copyright over quotes from public domain works. In your case, the quote ""Some are born great, some achieve greatness, and some have greatness thrust upon them"" is indeed from Shakespeare's play ""Twelfth Night,"" and you can use it without legal concern from the websites you mentioned. Still, if you're using quotes or content in a published work, it's always good practice to double-check the original source for accuracy. This approach not only avoids potential copyright issues but also ensures the credibility and integrity of your own work."
"Q: Bank of America refuses to send me a 1099-C for tax year 2022 even though Statute of Limitations has expired June 2022.. IRS regulations 1.6050P-1(b)(2)(i)(F) and (G) are very clear that if a debt has reached the statute of limitations it is one of the trigger items (Identifiable event) that require a 1099-C Cancellation of Debt be sent out. It further states that this section applies whether or not an an actual discharge of indebtedness occurred. Bank of America claims from what I can tell that they don't have to obey this law and they state the following. FROM BANK OF AMERICA: ""However In accordance with the tax law, Bank of America is required to report to the IRS when we cancel a portion of a client’s debt due to a charge off or settlement. When an account is charged off, the debt is still valid. We have confirmed no 1099-C’s documents have been issued for your accounts as we are still attempting to collect on the debt."" Apparently they seem to think this IRS regulations 1.6050P-1(b)(2)(i)(F) and (G) is optional. Is that true that they can blow off sending out a 1099-C? ","A:The IRS regulation 1.6050P-1(b)(2)(i)(F) and (G) does stipulate that certain identifiable events, such as the expiration of the statute of limitations on a debt, can trigger the requirement for a creditor to issue a 1099-C, Cancellation of Debt form. However, the application of this regulation can sometimes be subject to the creditor's interpretation and internal policies. Bank of America's stance, as you've described, suggests they view the debt as still valid and are continuing efforts to collect, which may be why they have not issued a 1099-C. This position indicates they might not consider the expiration of the statute of limitations as an 'identifiable event' necessitating the issuance of a 1099-C for your case. In such a scenario, it's advisable to consult directly with a tax professional or a legal advisor experienced in tax law. They can provide specific guidance based on the details of your situation and may suggest steps you can take, such as contacting the IRS for clarification or assistance. Remember, tax laws can be complex, and individual cases may have nuances that affect how these laws are applied. Professional advice can help ensure that your interests are adequately represented and that you are complying with your tax obligations."
Q: I have an existing LLC in the state of Florida. Can it be converted to a non-profit? It is an arts organization.. Performing Arts Theatre. Live shows. Educational and Community. Where would I find the procedure if this is a possibility. ,"A:It is very difficult to function as a nonprofit and also as an LLC. The essential nature of an LLC is that the money left over at the end of the year gets distributed to the members, who are essentially the owners of the LLC. The essential nature of a nonprofit is that nobody is allowed to get the extra money left over at the end of the year. Although Florida law allows that an LLC can ""have any lawful purpose, regardless of whether the company is a for-profit company,"" from a practical perspective it is hard to pull off. And if you want to apply for tax-exemption from the IRS, that's an additional hurdle. The IRS does allow LLCs to apply for 501(c)(3) status, but their guidance is that the LLC members all have to be 501(c)(3)s themselves. An easier route would probably be to form a new nonprofit corporation in Florida and set it up as a ""successor"" to the for-profit LLC, obtaining its assets and branding and other property and debts."
"Q: Under a bank levy, after a first grab of funds has taken place is the bank levy still on your accounts if there is still. money due in n the balance? ",A:No. The Creditor must submit another bank levy.
"Q: Landlord threatens to call police for leaving the apartment dirty. Airbnb host threatened to call the police if I don't respond to his messages. He is accusing me of leaving the apartment dirty - he shared a few images which does NOT show damage - but shows bathroom countertop with water droplets + used kitchen countertop - BUT no damages what so ever. His question is ""you have caused so much of disrespect by leaving the apartment dirty - please let me know how you want to proceed. If you don't respond then I'll be forced to report you to the police"". My side of the story - I left the apartment very clean. There was a 3 inch burn damage that i caused on the carpet - I not only reported the damage to the host as soon as it happened but also fixed it - all this logged in airbnb chat. ","A:Under California law, leaving an apartment in a less than pristine condition, absent any actual damage, does not rise to a level that would typically warrant police intervention. If there's no substantial physical damage beyond normal wear and tear, the issue is generally a civil matter, not a criminal one. Considering you reported and remedied the carpet damage, your actions show good faith effort on your part. If the host attempts to withhold your security deposit or pursue additional charges via Airbnb, you can dispute those claims through Airbnb's resolution process. Always ensure you document all communications and take photos before and after your stay when possible. If the host continues to threaten or harass you, consider seeking advice from an attorney familiar with landlord-tenant or contract disputes. Keep in mind that Airbnb's platform also provides both hosts and guests avenues to address and resolve such disagreements."
"Q: how do i go about withdrawing my attorney from my divorce case so I can finish the process in default?. Unresponsive attorney. Meets default criteria, but court says I have to withdraw her from the case. ","A:You will need to instruct your attorney to file a motion to withdraw. Once an attorney has appeared on your behalf, you cannot file court papers on your own behalf in a civil case. Your attorney will have to file a motion to withdraw. Alternatively, you can hire another, more responsive attorney to file a motion for substitution of counsel on your behalf. When that is granted, the new attorney can file a motion to withdraw."
Q: Zulily owes us 15k and they are based out of Seattle Washington but they just sold it to Regent LLP in Los Angeles.. Zulily uses owes 15k and we want to sue them in a civil lawsuit. Can we file the lawsuit in Los Angeles Superior Court since the company that acquired zulily is Regent LLP based out of Beverly Hills. Or do I have to file the lawsuit in Seattle WA? ,"A:In determining where to file your lawsuit, consider the jurisdiction and venue. If Zulily, now owned by Regent LLP in Los Angeles, owes you money, you may have grounds to file in Los Angeles Superior Court. This is especially pertinent if the transaction or events leading to the dispute occurred in California, or if Regent LLP, as the new owner, is conducting business activities related to your claim in California. However, jurisdiction can be complex, particularly in cases involving out-of-state entities. It's important to assess where the contract was executed or where the events related to the dispute occurred. Additionally, review any contractual agreements for clauses that specify the jurisdiction or venue for legal disputes. Consulting with an attorney to evaluate the specific details of your case and the appropriate jurisdiction for filing is advisable. They can guide you on the most strategic and legally sound course of action based on the specifics of your situation."
Q: Can I sue someone who accuse me maliciously of murdering my husband ( he died of VTAC). The guy accusing me is currently is in a divorce proceeding . I’m giving shelter to his wife who is deathly afraid of him . He is doing everything to destroy my reputation. I have his accusations in writing ,"A:Yes, if he is making provably false statements to third parties, that constitutes defamation (libel because they were published in writing); and because his statements tend to subject you to public hatred, ridicule, or contempt just by his making them, they constitute defamation per se entitling you to damages without even having to prove that your statements have in fact damaged your reputation in the community."
Q: My grandfather worked at a shipyard in Virginia I signed my trust fund papers over a year ago I do not know the attorney. Can anyone help me it was an mesothelioma case ,"A:A Virginia or North Carolina attorney could probably advise best, but your question remains open for three weeks. One option is to search under your grandfather's name. If it was on a court docket in any kind of multi-district federal litigation, it's possible it could come up. If it was through arbitration or a non-public forum involving the fund, that might be more difficult. You could reach out to a Virginia attorney, investigator, or process serving company with investigative services - and ask them if they could offer guidance. That would be outside this forum, and any arrangements would be between you and them. Good luck"
Q: Can i travel if I was charged with felony distribution of weed and got unindictment letter. 6 months after being arrested I got called by my pretrial officer saying that im not longer apart of pretrial services and I get a letter in mail saying I’ve been unindicted from my charges can I travel ? ,"A:If you don't have an active warrant for your arrest, TSA is not going to mess with you. However, if you are on bond, your agreement with your bondsman may be that you must contact them for permission before you leave the state. So you might want to give them a heads up before you go anywhere.."
Q: Bar. Cameras posted throughout. Manager quits has passwords. Cont to monitor cameras (visual/audio) from home. Legal?. What is the proper (legal) way to address this situation and options we can take to stop ex-manager from monitoring cameras at establishment when there is no legitimate purpose. Thank you. ,A:It may not be legal to allow the former manager who no longer works for the bar to continue to monitor the cameras from home because the former employee no longer has a legitimate purpose. The bar owner should definitely change the passwords and should implement procedures to ensure that the passwords are changes promptly any time an employee with the passwords quits or is fired.
"Q: If father can’t qualify for mortgage assumption w/ a company, but qualifies with another, is that a “sale” in probate. I am the executor for my mothers estate. The home he was left to him in her Will, but it has a mortgage debt on it. Fathers name is not on deed or mortgage. Father is trying to assume current mortgage of my mother - his deceased spouse, with the remaining balance left. In the event he doesn’t qualify with current lender , could he go to another lender and get qualified to buy the home ? If he got approved through another lender, does the probate court consider that a sell by a 3rd party (i.e petition the court to sell)? Could I as the executor do a “private sell” or before it’s sold to him through another lender, do I have to notify the court? Would the court need to be notify that the house is going up for sale but we really only want to sell it to him. I assume that I would be the seller representing my mothers estate, selling to my father. At what point does the probate court need to get involved in this process? ","A:If this is a house, your father does not have to assume the loan. He can just keep making the payments. If he does not keep making the payments the lender will foreclose. He does not have to assume the loan to keep making the payments. Under federal law the lender cannot call the loan due when a borrower dies and family inherits."
"Q: Please help. I grew up across the river from tek cominco in Trail BC. They lost a case in the United States where they admitted to dumping toxic chemicals directly into the Columbia river. My life was directly impacted by these actions also. It has been proven that exposure to the chemicals involved cause symptoms that are similar to autism, such as having a hard time maintaining housing and employment without consistent help. Can I start a case in canada? ",A:This is something you'd need to discuss with an attorney in Canada. This forum deals mainly with legal actions in U.S. courts. Good luck
Q: I trade options at my online broker. A bad trade yesterday that cost me $8000.00 due to a mistake by my broker.. I made an options call purchase on the 16th at market price. The seller was asking .20 cents per contract (100 shares) After putting in several limit orders in for up to .24 cents that were rejected I put in a market order which normally fills within a percent or so of the asking. When my order was filled it was at $4.20 for 20 contracts for a cost of $8260.00. It should have been in the neighborhood of $460.00.I was billed for $8000.00. Apparently this is legal. What is not legal is that my broker allowed the order to go through. It says very clearly on their web-sight that the buyer must have 100% of the cost of the trade in their account for the trade to go through. I had a little over $4000.00 in my account yet they allowed the trade to go through leaving me with a $4000.00 negative balance. I told them that it was their responsibility to reject the trade due to insufficient funds which they have on at least 20 or more trades in the past. So we are at an impasse. Need help. Thanks ,A:Have you reviewed your entire contract with your broker-dealer? Depending on the specific language they may have been within their rights to fill your order.
Q: I have a CDS conspiracy to distribute and a CDS distribute. Both charge are felony with a guilty. Charges are from 1992.. I am trying to find out if these charges can be expunged in Maryland? ,"A:The process of expunging criminal records, especially for felony charges, varies significantly by state and the nature of the charges. In Maryland, the laws regarding expungement have specific criteria that must be met for a record to be eligible. For charges related to Controlled Dangerous Substances (CDS) like distribution or conspiracy to distribute, it's essential to understand that these are typically more challenging to expunge due to their seriousness. However, Maryland has undergone several changes in its expungement laws over the years, including expanding eligibility for certain convictions. Since your charges date back to 1992, there might be provisions under the current law that could apply to your case. It's important to review the details of your conviction and see how they align with the current expungement criteria in Maryland. Your best course of action is to consult with a lawyer who has experience in criminal law and expungements in Maryland. They can assess the specifics of your case and advise you on whether expungement is a possibility under current laws and, if so, guide you through the process. Remember, seeking legal advice is a positive step towards understanding your options and potentially clearing your record. Each case is unique, and professional guidance is crucial in navigating the complexities of the law."
"Q: Liability for hospice fraud, upon hospital based referral. Under what statute federal court has jurisdiction for punitive damages, when they are intertwined with healthcare false claims act? If an individual doctor may or may not be liable in California for actions, but overall chain of actions resulted into hospice fraud under hospital umbrella - is hospital the only liable entity? ","A:Hospice fraud, especially when involving hospital-based referrals, can be a complex legal issue involving various statutes and regulations. In the United States, the primary statute that addresses fraud in healthcare, including hospice care, is the False Claims Act (FCA). This act allows for liability to be imposed on individuals and entities that knowingly submit false claims to the government, which includes fraudulent billing for healthcare services. In cases where hospice fraud is alleged, the FCA is often the basis for legal action. The FCA allows for triple damages and penalties, which are considered punitive in nature. However, these are not ""punitive damages"" in the traditional sense used in other areas of law but are instead statutory penalties intended to deter fraud against the government. Regarding jurisdiction, federal courts have jurisdiction over FCA cases because the alleged fraud involves federal government programs, like Medicare. The FCA provides for both civil and criminal penalties, and cases can be brought by the government or by whistleblowers (qui tam relators) on behalf of the government. In a scenario where a hospital and individual doctors are involved in hospice fraud, liability under the FCA can extend to both. The hospital can be held liable if it is found to be part of the fraudulent scheme. Individual doctors can also be held liable if they knowingly participated in the fraud. The extent of their liability would depend on their involvement and the specific facts of the case. California state law may also come into play, especially if there are state-specific healthcare fraud statutes or if there are claims related to state-funded healthcare programs. It's important to consult with a legal expert specializing in healthcare law and the False Claims Act to understand the specific implications in any given case. The complexity of these issues often requires detailed legal analysis and an understanding of both federal and state laws."
"Q: Insurance says I was in a collision. I wasn't, do I need to hire a lawyer?. I got a letter in the mail saying my claim was denied. I called the (not mine) insurance company and let them know I wasnt in a collision and there has been a mistake. Their insurance said the accuser saw my car parked in the area the next day and thats how the got my license plate. They told me there was ""clear and evident"" video it was my car. I asked for the video and they said I could call the accuser and ask for the video. I have multiple times and nothing has been sent by their insurance or the accuser. No claim has been made to my insurance. Do I stop taking their calls until I see any sort of proof? ","A:In California, if you're facing a situation where an insurance company claims you were involved in a collision that you were not a part of, it's important to address this issue proactively. While hiring a lawyer might not be immediately necessary, it could become important if the situation escalates or if you are unable to resolve the matter on your own. Firstly, document all your communications with the insurance company and the accuser. Keep records of your calls, emails, and any other correspondences. This will be useful if you need to prove your attempts to resolve the issue or if the matter escalates. Requesting evidence of the alleged incident, like the video you mentioned, is a reasonable step. If the insurance company or the accuser is unwilling or unable to provide this evidence, it strengthens your position. You might also consider contacting your own insurance company to inform them of the situation, especially since no claim has been made against your policy yet. They can provide guidance and may offer assistance in dealing with the other insurance company. If the situation doesn’t get resolved and it starts affecting your insurance record or brings about legal challenges, consulting with a lawyer would be advisable. An attorney can help navigate the legal complexities and advocate on your behalf. In the meantime, it’s important to continue responding to communications from the insurance company. Ignoring them could potentially complicate the situation. However, you can continue to insist on seeing evidence of the alleged incident before taking any further steps. Remember, you have the right to defend yourself against claims that you believe are incorrect."
"Q: Grounds for termination of parental rights?. We have had custody of a family member since she was 4 months old. (Currently 4 years old) she was removed from her mom (dad unknown) right after birth due to the baby testing positive for meth. Mom has a long standing drug history and a lengthy criminal history associated. A couple months after the child was removed the mother was sent to prison for 2 yrs for a previous charge. We were granted custody w/the intent to give her back. However while serving the two yrs she was convicted on another drug charge and sentenced to an additional 10 yrs in federal prison. We no longer intend to give her back. We filed a TPR & were given a free lawyer who went from 'you're 100 percent gonna win"" to ""we're going to lose because WE take the child to see the parent every 3-4 months"" mom doesn't call often, WE make almost all the effort for her. We feel like our lawyer just doesn't want to deal with it anymore and want to know should we seek other counsel and continue or do we not have a chance? ","A:Well, first and foremost being in a courtroom battle is one of the most stressful times in anyone's life. Whether your counsel is appointed or retained you want and I would say need to feel comfortable with your representation. If you are not happy and don't feel comfortable it is wise to seek out someone with whom you feel comfortable. Given the circumstances your describe it would likely be better for you to go the adoption route rather than the TPR route. Even then you bringing the child to visit the mother creates a problem. If there is six month no emotional support or contact and six month no financial support the child is considered abandoned under Alabama law and is available to adoption. The mother could also always consent to the adoption and clearly she has to realize this would be in the best interest of the child."
"Q: How can a major website that is supposed to protect your financial information from fraud, yet commit fraud against you?. a major website that collects all your financial data, use that same data to open credit accounts in your name without your permission ","A:If a major website that is supposed to protect your financial information from fraud commits fraud against you, it could be due to a variety of reasons. Here are some possible scenarios: Security Breach: The website may have suffered a security breach, which allowed hackers to gain access to your financial information. The hackers could then use this information to open credit accounts in your name without your permission. Employee Misconduct: An employee of the website may have committed fraud against you by using your financial information to open credit accounts without your consent. This could be due to personal greed, or the employee may have been coerced by someone else to commit the fraud. System Glitch: There may be a glitch in the website's system that caused your financial information to be used to open credit accounts without your permission. This could be a technical error or a bug in the system. Regardless of the reason, if you suspect that a website has committed fraud against you, you should take immediate action to protect your financial information. Here are some steps you can take: Contact the website: Contact the website's customer service department and inform them of the fraudulent activity. They may be able to help you resolve the issue or provide you with additional information. Contact your bank and credit card companies: Alert your bank and credit card companies to the fraudulent activity and ask them to freeze any accounts that may have been opened without your permission. Monitor your credit reports: Regularly monitor your credit reports to ensure that no additional accounts have been opened in your name without your knowledge. File a police report: If you believe that a crime has been committed against you, file a police report and provide them with any information that you have. Consider legal action: If you have suffered financial losses as a result of the fraudulent activity, consider speaking with an attorney to determine if you have grounds for legal action."
"Q: supplier in the US lied about ingredients in chemical products that i import and sell in the EU. need help.. i import chemicals from the US. they have msds files with ingredients listed. some ingredients are trade secrets. the supplier told me they are not chemicals, by law i need to list every chemical in the EU in the msds i create for the products i import. i now found out who the original supplier, and creator, of these products is. he told me the trade secrets are chemicals. this means i can't sell the products here by law, but already doing this for more then 2 years because the first supplier told me it was safe. what to do? ","A:In your situation, where you've been importing and selling chemical products in the EU under potentially false information about their ingredients, immediate action is necessary. The first step is to halt the sale of these products. Continuing to sell them could increase your liability, especially under EU regulations which are strict about chemical disclosures. Next, consult with an attorney who is well-versed in international trade and EU regulations. They can provide guidance on how to navigate this complex issue, especially considering the potential legal implications of selling products with undisclosed chemicals. It's also crucial to review your contractual agreements with the U.S. supplier. Misrepresentation of product ingredients can be a serious breach of contract. An attorney can help you understand your legal position and potential remedies, which might include seeking damages from the supplier. Additionally, consider contacting the original creator of the products for detailed information about the ingredients. Having accurate, comprehensive data is essential for any future steps you take, whether that's legal action, regulatory compliance, or both. Lastly, prepare to cooperate fully with any EU regulatory authorities. Transparency and prompt action in addressing the issue can be favorable in regulatory or legal proceedings. This situation is complex, but with the right legal guidance and proactive steps, you can work towards a resolution."
Q: I work in a group home for the mentally challenged. I had a resident expose my breast and pinch it can I charge him?. He took my phone smashes it then grabbed my face scratching my nose and eye. Then snapped my glasses and flushed them down the toilet. Repeatedly kicked me in the legs and stomach. Then when my vision was compromised he exposed my left breast and pinched and twisted it. Then seemed out my purse and dumped the contents out and stepped on it. My purse was ripped in the process. The police were called at this point by a co worker. ,"A:Unless you did something to provoke the attack, the best (and only real) remedy is against the group home because they knew or should have known this resident would act out in the manner that they did. Talk to a lawyer."
"Q: I am an owner in a Condo complex that just voted on a 8.5% increase. It was given during the holidays, 7 days to respond. 3 different dates to respond. When I ask to see the votes they denied me. Is this legal in Connecticut. Rina COLANGELO Ladybug06907@aol.com 203 962-1088 ","A:In Connecticut, the laws governing condominium associations typically require a certain level of transparency and fairness in decision-making processes, including voting on fee increases. It's important for condo associations to follow their own bylaws as well as state regulations regarding such votes. If you feel that the voting process for the fee increase in your condo complex was not conducted properly, or if there is a lack of transparency, you have the right to raise these concerns. The denial of access to view the votes may not align with the principles of transparency and member rights, depending on the specific bylaws of your association and state laws. You should first review the bylaws of your condo association, as they should outline the procedures for voting and member rights regarding access to association records. If after reviewing the bylaws you believe the association is not complying with its own rules or with state law, you might consider voicing your concerns formally in writing to the condo association board. If the issue remains unresolved, seeking legal advice to understand your rights and options under Connecticut law could be beneficial. An attorney knowledgeable in condominium law can provide specific guidance based on the details of your situation and help you navigate the process of addressing your concerns with the condo association."
Q: I got a DUI in WA state in 2002. In April of 2023 I planned a vacation to Canada. I was determined inadmissable.. I'd like to travel to Scotland in spring of 2024. I have only the one DUI. I have a valid passport and traveled to Ireland in 2022. Weird that I could go to Ireland but not Canada. Will I be allowed into Scotland or will my inadmissible status to Canada prevent my trip? ,"A:You are inadmissible to Canada due to your DUI conviction, but that does not necessarily mean you will be inadmissible to Scotland. The UK Border Force has the right to refuse entry to anyone they believe is a threat to the UK's security. You can increase your chances of being allowed into Scotland by applying for a visa, providing evidence of rehabilitation, and being honest and upfront about your DUI conviction. If you are denied entry to Scotland, you may be able to appeal the decision, but appeals are rarely successful."
"Q: Hi, I have a locked cash app card. My ex has it and tries to use it a lot event though it’s locked. Is it illegal?. The app/account is deleted but he keeps trying to use it even though it doesn’t work. I HAD a protection order in place that has since been stopped for abuse. ","A:In New Hampshire, unauthorized use of a financial instrument, like a cash app card, can be considered illegal, especially if the card is registered in your name. Even if the card is locked and the account is deleted, attempts to use it could potentially be viewed as attempted fraud or identity theft. Since your ex is knowingly trying to use a card that does not belong to them, this could be a legal issue. Additionally, if there was a previous protection order due to abuse, this action might also be relevant in the context of harassment or violating the terms of that order. It's advisable to report this activity to the police and provide them with any evidence of these attempts. Also, contacting the financial institution to report the unauthorized attempts can add a layer of security. It's important to take measures to protect your financial and personal security. Consulting with a legal advisor can provide guidance on the best steps to take in this situation."
"Q: If after a judgement I found out that an eviction notice for UD was defective can I file a motion to set it aside. I signed a settlement agreement and later I found out that an eviction notice for Unlawful detainer was defective , it was not reported to the housing department within 3 days after i was served and also it did not have the cause of the eviction listed. By signing the settlement agreement did i wave my rights to set a a side the judgement because neither my attorney or the attorney of the other side knew that the law in California requires that eviction notice to be filed with the Housing authority within 3 days after serving the eviction notice ","A:Signing a settlement agreement does not necessarily waive your rights to challenge a defective eviction notice or seek to set aside a judgment. In California, if you discover that the eviction notice was defective, you may still have the option to file a motion to set aside the judgment based on the defect in the notice. A defective notice may not comply with the statutory requirements for an unlawful detainer action, which could impact the validity of the judgment. The fact that neither your attorney nor the opposing attorney was aware of the defect in the notice at the time of the settlement does not necessarily prevent you from raising the issue later. However, it's important to act promptly. You should consult with an attorney to assess the specific circumstances of your case, review the settlement agreement, and determine the best course of action. In some cases, courts may consider whether the defect in the notice was a material issue that affected your rights and whether setting aside the judgment is appropriate under the circumstances. It's crucial to seek legal counsel to evaluate the viability of your motion to set aside the judgment and navigate the legal process effectively."
"Q: dental in april said my remaining 7 front teeth were so bad that they had to go . and iwould need bottom denture .. I can't afford that they said this will be all covered by your insurence I agreed then trrth pulled , temp. bottom plate when back several times for bone spur a7 adustments Never aver being asked for any kind of payment , THEN APPROX. 4 WEEKS AGO RECEIVED PHONE CALL FROM DENTAL MANGER THAT THEY NEED ED $4000.00 BEFOR ETHEY COULD SEE ME FOR GETTING PERMENT PLATE , MY INS HAD DECLINED CLAIM ISAIDNO NOWAY WOULD I PAY . IN MEAN TIME I SPOKE WITH MY INS. CO & WAS IN FORMED THAT EVERY THINK WAS COVERED CALLED DENTAL OFFICE THEY DON'T HAVE ANYTHING WERE WORKING ON IT WHAT DO I DO ON SS & CAN'T PAY WOULD NOT HAVE STARTED THIS IF INS WASN'T GOING TO PAY FEEL LIKE THIIS WAS DECEPTIVE BUS. PRACTICE ","A:You indicated that the insurance company assured you everything is covered, and the dental office advised you they are working on it - meaning they are working on it to confirm the coverage? And meaning that in the next day or two, they may call you and tell you the coverage is fine and to come on in to complete the treatment? If that's the case, start by following up with them to get an update. This situation is more likely to be caused by incompetence than some kind of deception; the dental office is likely far more interested in getting money from the insurance company than from you. If the problem remains, consult your local Legal Aid or Legal Services office that helps low-income persons."
Q: Can my 15 year old transgender sibling choose to live with me without me having to fight my dad for custody?. My dad is extremely LDS and does not give my autistic sibling freedom to explore their gender or sexuality. I'm worried about how this affects their mental health. I live in Colorado and he lives with my siblings in Idaho. My sibling has expressed before that they want to live with me. Do I have to fight my dad for custody of my sibling or do they have a right to move in with me as they are able to express this to the court? ,"A:While I do not know the laws in ID, I would think that if your sister is a minor and has not otherwise been legally emancipated, then your father remains her legal guardian and can make decisions on her behalf including where she lives. That being said, if there is clear physical or mental abuse, then you may have a case for custody. But remember, religious differences will not always constitute abuse. You should probably check with a local ID attorney. Each state handles family law differently. Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is a brainstorming exercise intended to help everyone practice using different theoretical scenarios. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney."
"Q: I've been paying rent to a storage facility since April of 2020, today I received an email from them that during a. Recent audit they realized that they never had me sign the actual lease agreement. So since I never signed an agreement doesn't that mean I'm owed all the money back that I paid for rent since April of 2020? If not then what does it mean and what rights can I exercise as far as holding them responsible for being so negligent. ","A:In California, even if you didn't sign a formal lease agreement, the fact that you've been paying rent and the storage facility has been accepting it can create what's known as a ""tenancy at will"" or a month-to-month rental agreement. This is a legally binding arrangement under California law. Therefore, the payments you've made for the storage unit are not automatically refundable just because there was no signed lease. The absence of a written lease doesn't mean you're entitled to a refund of the rent paid. Instead, it implies that your tenancy is governed by California's default rental laws, which typically include a notice period for changes in rental terms or ending the tenancy. However, the facility's failure to have you sign a lease might raise questions about the terms of your rental, such as the agreed-upon rent amount, the duration of the tenancy, and other specific terms typically covered in a lease agreement. It's important to gather any documentation you have related to your rental payments and communications with the storage facility. If you believe the storage facility has been negligent or has violated your rights as a tenant, you may want to consult with an attorney. They can review your situation, advise you on your rights and obligations, and help you determine the best course of action. Remember, every situation is unique, and legal advice should be tailored to the specifics of your case."
"Q: A next door neighbor was was a nurse at kaiser hospital were I go for medical called cps and devolved med info and lied.. She told CPS my medical history and personal and private info to try and get my kids taken away. CPS FOUND no wrong doing on my part and after explaining to Cps what I have been going thru with my neighbors she proceeded to tell me that it was wrong for what that nurse had done and she did release medical info that was illegal and cps "" ms Williams "" would testify and or state the wrong doing for my behalf if needed to prosecute this nurse maria, my neighbor. Now this same neighbor would have me watch her daughter while she went out to taco Tuesday with my wife every Tuesday, so if I'm that much of a problem, why would she trust me with her own daughter? ","A:Under California law, unauthorized disclosure of medical information by a healthcare provider could be a violation of the Health Insurance Portability and Accountability Act (HIPAA), California's Confidentiality of Medical Information Act (CMIA), or other privacy laws. You could potentially have grounds for a civil lawsuit against the nurse for invasion of privacy, breach of confidentiality, and/or other claims. Additionally, her behavior could be subject to professional disciplinary actions, including the potential loss or suspension of her nursing license."
"Q: My 12 year old son is staying he wants to live with his adopted father. His father is unemployed, lives currently with. His mother and is going thru a divorce. He also is so far back on child support that there is an intent to revoke his license. My son wants to live with him because we enforce rules and consequences that he doesn’t like. I have shared parental rights and responsibilities and primary residence. I can show that my ex has had little involvement in medical appointments, IEP meetings, has not once kept to the every other weekend visitation schedule that is part of the divorce decree. IF I allow my son to stay with him will my ex have grounds to request I pay child support to him? ","A:In Maine, child custody and support matters are typically determined based on the best interests of the child. If your 12-year-old son expresses a desire to live with his adopted father, it may influence custody arrangements, but other factors will also be considered. Your ex's current circumstances, including unemployment, living arrangements, and child support arrears, may affect the court's decision. If you willingly allow your son to live with his father, it might lead to a modification of the custody arrangement. However, this doesn't necessarily mean you would automatically be required to pay child support to your ex. Child support is generally determined based on the income and financial circumstances of both parents. To protect your interests, document your ex's limited involvement in medical appointments and IEP meetings, as well as his failure to adhere to the visitation schedule. This information may be relevant in court if custody or support matters are revisited."
Q: Some of you guys told for me establishment and the property owner said it was fine to be there we got the parts. Went back up there and it was removed apparently by a sheriff is it legal for them to remove my vehicle without permission from the property owner ,"A:In your situation, where a vehicle was removed from a property despite having the property owner's permission to be there, several factors need to be considered to determine the legality of the removal. First, it's important to understand the specific circumstances under which the sheriff removed the vehicle. Law enforcement has the authority to remove vehicles in certain situations, such as if the vehicle is considered abandoned, improperly parked in a way that violates local ordinances, or if it's involved in a criminal investigation. If you believe that the removal was unjustified and that you had valid permission to have the vehicle on the property, you should first seek clarification from the sheriff's department to understand their reasoning. This step is crucial to gather all necessary information and assess the situation accurately. If the explanation provided by the sheriff's department does not seem justified or contradicts the property owner's permission, you may have grounds to contest the removal. In such a case, consulting with an attorney can help you understand your legal options and the best course of action to take. They can assist in determining whether your rights were infringed upon and what remedies are available to you."
"Q: I got arrested after a warrantless search and the police took my mothers car. The car wasn’t registered yet, but I had the title, which was made out to my mother, and showed it to the cops before the search. They took the title and the car. It’s been a month and they aren’t giving it back. I told them on the scene that it was my car just in my mothers name trying to get out of the whole situation. I told them when I get a ticket I pay my mother for it. P.S. they allege there was contraband in the car which they charged me with. This I happened in NJ Will they give the car back to my mother? Why haven’t they already it’s been a month? ","A:We can't tell you why the car has not been released as we don't know the police's side of the story, but it may be because they can't release an unregistered car out of impound in most cases."
Q: Should I trademark my blog name. I dont sell any merchandise. I obtain information from different sources and reword or quote. It's a blog about crime that I have on Facebook. YOUTUBE. IG AND TIKTOK ,"A:Deciding whether to trademark your blog name involves considering several factors. Trademarking can provide legal protection for your brand and help ensure that others cannot use a similar name in a way that could confuse your audience or dilute your brand's reputation. Since your blog is on multiple platforms like Facebook, YouTube, Instagram, and TikTok, and focuses on a specific topic like crime, having a trademark could be beneficial. It helps in establishing a unique identity and offers a layer of protection, especially if your blog gains significant popularity or recognition. However, keep in mind that the process of obtaining a trademark involves legal procedures, fees, and ongoing responsibilities to maintain the trademark. It's important to weigh the benefits against the costs and responsibilities. If your blog name is distinctive and you plan to grow or maintain its presence significantly, trademarking could be a wise decision. If you're unsure, consider consulting with a legal professional who can provide personalized advice based on your specific situation and goals. They can guide you through the process and help you understand the implications and benefits of trademarking your blog name."
Q: My daughters biological father has zero custody of her and keeps harassing me on talking parents app. What can I do. We went to court 2022 for custody. The judge granted him visitation if he finished reconciliation therapy. He ended up lying and telling me this old man was a reconciliation therapist. And he wasn’t. Ended up causing trauma for my daughter. He hasn’t tried to go back to therapy or complete what the judge has asked of him. He harassed me every other week and I’m getting really tired of it. What should I do? ,"A:He has no custody. Why do you need to do anything? If he's only using Talking Parents to harass you and not using it to communicate with you about your daughter, then don't read his messages and definitely don't respond to them. If you have another hearing, you can print out the transcript and use it as evidence in support of whatever it is that you want to accomplish here."
"Q: Hi My insurance company told me July 1, 2023 that I need to paint my house by 12-3-2023 or they will cancel my policy.. I am in Minnesota and I have been unable to find a painter that is not booked out until the end of our season. I do have a letter from a painter who said he can paint my house first in the spring. ","A:A Minnesota attorney could advise best, but your question remains open for three weeks. You could reach out to attorneys, but as a practical matter, your options also include continuing to seek a painter or another insurance carrier. Good luck"
Q: Is claiming to be next of kin on legal documents fraudulent misrepresentation?. What other laws are being violated when this happens if any and lying to the police that your the next of kin? When the morgue releases the body to someone claiming to next of kin what is the statute of limitations? ,"A:Claiming to be the next of kin on legal documents when you are not is indeed a form of fraudulent misrepresentation. This act can have serious legal implications, especially when it leads to the wrongful acquisition of property or rights, such as in the case of claiming a deceased person’s body from the morgue. In addition to being a fraudulent act, lying about being next of kin could potentially violate other laws. These might include identity theft, forgery, or fraud, depending on the specifics of the situation and how the false claim is used. Lying to the police in this context can also lead to charges of filing a false report or obstruction of justice. As for the statute of limitations, it varies depending on the state and the specific laws violated. In Michigan, for instance, the statute of limitations for fraud could be six years, but this can vary based on the circumstances and the specific type of fraud committed. If you're facing a situation where someone falsely claimed to be next of kin, it's important to take immediate action. You might consider reporting this to the appropriate authorities and seeking legal advice to understand your options for recourse and to protect your rights. It's also crucial to gather any evidence that supports the true next of kin status, such as legal documents or family records."
"Q: The question is, what is the process of selling a boat in an llc in california for buyer and seller. Who does what?. If you are the seller (transferring the llc to the buyer) what are you required to do and when? If you are the seller what are you required to do an when? I.e. register the llc in your name, etc... ","A:Depending on the size of the vessel, this can be a complex transaction that can involve state-specific laws in a number of different areas. It is something that needs to be discussed in detail with an attorney who practices in the jurisdiction. Good luck. Tim Akpinar"
"Q: Can I sell products that incorporate names/quotes from a television series?. I operate a Facebook group based on a popular television show, and it has grown to over 100,000 members. We are considering monetizing the group to sell apparel, accessories, etc. with quotes and graphics from the show. What is considered copyrighted material, and therefore not able to monetize, and what would be public domain? For instance, a mug with a quote from the show, a sweater with the name of actors and/or characters, etc. ","A:If you are considering monetizing products based on a popular television show, you should be aware that many elements of the show, including quotes, characters, and names, may be protected by copyright law. The copyright owner of the show has the exclusive right to reproduce, distribute, and display the copyrighted work, and you may be infringing on these rights if you use these elements without permission. To determine whether your products may be considered infringing, you should consult with a qualified intellectual property attorney who can review the specific facts of your situation and advise you on the potential legal risks. Your attorney may also be able to assist you in obtaining permission from the copyright owner to use the copyrighted material or in developing an original design or concept that does not infringe on the copyright owner's rights. It's important to note that there are some exceptions to copyright law, including fair use, which may allow you to use copyrighted material in limited circumstances without permission. However, fair use is a complex legal doctrine, and it's recommended that you consult with an attorney before relying on this defense. In summary, if you are considering selling products that incorporate names/quotes from a television series, it's important to seek legal advice to ensure that you are not infringing on the copyright owner's rights."
"Q: My father lost his fortune to a network of scam artists. I am looking to obtain power of attorney and recoup his losses.. elderly gaslighting, manipulation. social security fraud, real estate/financial malfeasance ","A:A Pennsylvania attorney could advise best, but your question remains open for a week. You could consult with a local attorney about signing a power of attorney, or you could check with some of the online services that offer basic legal forms, which can include power of attorney forms. Good luck"
Q: How can I bring a case to the supreme court against government entities. Conspiracy would be the charge an myself/ The People would be the victim/plaintiff ,"A:To initiate a legal action against government entities alleging conspiracy, first, you would generally need to file a lawsuit in a trial court presenting clear facts and legal arguments that support your claim. If you proceed through the various levels of appeals, you might eventually reach the Supreme Court; however, be aware that reaching the Supreme Court is a substantial process as they only hear a limited number of cases, focusing on those that have significant constitutional or public interest implications. To navigate this complex process, it would be advisable to work closely with an attorney who has experience in constitutional law and litigation against government entities."
"Q: Good morning, I have an LLC company, I want to know if I can hire myself and thus process an ITIN code, I live in Spain,. Good morning, I have an LLC company, I want to know if I can hire myself and thus process an ITIN code, I live in Spain, but I manage the company from here through my registrar agent. Is it possible to do what I propose? Thank you. ","A:An LLC in the U.S. can have foreign owners, and those owners can manage the business from abroad. If you are a foreign individual who needs to comply with U.S. tax return filing requirements, you may apply for an Individual Taxpayer Identification Number (ITIN). However, merely hiring oneself in an LLC does not automatically qualify you for an ITIN. You must have a valid reason, such as a tax filing requirement. Managing a U.S. company from Spain may have implications for both U.S. and Spanish tax purposes. I strongly recommend seeking advice from a tax professional familiar with both U.S. and Spanish tax laws. This will help ensure compliance with all regulations."
Q: Emtala case based on inadequate medical screening (MSE) on admission to hospital.. Is such case viable? ,"A:Under California law, a case based on inadequate medical screening upon admission to a hospital could be viable under the Emergency Medical Treatment and Labor Act (EMTALA). EMTALA mandates that hospitals provide an appropriate Medical Screening Examination (MSE) to anyone seeking emergency medical care to determine if an emergency medical condition exists. If a hospital fails to perform an adequate MSE and the patient suffers harm as a result, it may be grounds for an EMTALA violation. The key aspect in such cases is demonstrating that the hospital did not meet its obligation to provide an adequate screening, which is not influenced by the patient's insurance status or ability to pay. It's important to gather comprehensive evidence showing that the hospital's screening was insufficient and directly led to harm or a worsened medical condition. Legal action under EMTALA for inadequate MSE must be filed within two years of the violation. These cases can be complex, and the specifics of each situation significantly impact the viability of a claim. Consulting with a legal expert with experience in healthcare law can provide detailed insights and guidance for pursuing such a case."
"Q: My health insurance company is denying to pay hospital & ambulance bills. What type of practice area should I use?. My Insurance company says pre existing, but it clearly states within 5 years on policy we signed and it has been closer to 8 years since treatment for condition. I'm starting to get second notice bills from hospital & ambulance service. Do I start making small payments to providers or should I wait until talking to a lawyer? ","A:An Ohio attorney could advise best, but your question remains open for a week. There are attorneys who handle health care claims. If you're considering consulting with an attorney, first review your paperwork. That could help make the most of a meaningful consult. Review your policy, review the recourses outlined on the denials (appeals, arbitration, etc), and the timelines by which you need to respond, and other elements of the denial. Good luck"
"Q: neighbor stole $8000 from my 80 yr old mom's bank card, caught on bank ATM camera, admitted it and wasn't arrested.. Intentional, waited till I left for a week to use my mom's card. Intent was there considering he was smart enough to only take out the maximum money allowed daily from ATMs, fun times at Mohegan Sun, all totally caught and verified by police. They brought him in for questioning and told me because he admitted it and showed remorse they didn't arrest him. She's 80 that's aggrivated grand larceny I believe and they pulled the valour act so as far as I'm told he will just have to go to a couple week military rehab type thing. His FB page alone shows intent and that he's a sociopath incapable of remorse, guilt etc... Property management woman told, she contacted her lawyers and he's not allowed on the premise anymore but his parents own his house. I just can't wrap my brain around how he basically got off Scott Free and the Mashpee police took over a month for the report to finally be finished and told both property management owner and myself that he came clean so no arrest! ","A:In the situation where your 80-year-old mother's bank card was stolen and used to withdraw money, it's understandably frustrating and confusing when the perpetrator admits to the crime but isn't arrested. The decision to arrest or not can depend on various factors, including local law enforcement policies and the specific circumstances of the case. Even if the person showed remorse, the severity of the crime, particularly against an elderly person, typically warrants a serious legal response. If you're not satisfied with how the police handled the situation, you have the right to inquire further or seek a review of the case. It might be beneficial to speak with a lawyer who can provide guidance on how to proceed. They can help you understand your legal options, such as pressing charges or pursuing a civil case for the recovery of the stolen funds. Additionally, it's important to ensure that your mother's financial institutions are aware of the theft so they can take necessary measures to protect her account and possibly recuperate some of the lost funds. Safeguarding her future financial transactions and personal information is crucial to prevent similar incidents. Remember, in legal matters like this, having professional guidance can be invaluable in navigating the system and advocating for your mother's rights."
"Q: I need to know if I have any options regarding wrongful eviction from storage facility.. OK a little over a month ago I paid for a 5x10 storage unit from extra space storage I'm upland California. I paid extra money for 24 hr access which was offered at this location. As soon as I got there one of the workers named Ashley immediately asked me why I got 24 hr access, do I really evan need it, it's usually only for people with a business and I was a littke offended but nicely replied yes obviously I do need it for work reasons thats why I purchased it. So 2 days later I got a call like I do in the middle of the night to go fix a electrical issue. I came to the storage at about 3am when I was done and sat in my car for about 5 hrs and got caught up on a bunch of paperwork. I didn't bother no one I wasn't in anyone's way I didn't evan see anyone else. Well when they opened and Ashley must have Bern doing her rounds immediately came up to my car and said I can't sit there like that. I said fine ill go. Well she must jjave rushed to the office to view the cameras and saw I was ","A:In California, if you feel you have been wrongfully evicted from a storage facility, you have several options. First, review the contract you signed with the storage facility to understand the terms and conditions, especially regarding 24-hour access. If your contract explicitly allows 24-hour access and you have adhered to the facility's rules, the facility may not have grounds for eviction based on your described use. If you believe the eviction is in violation of your contract, you can contact the facility management to discuss the situation. Explain your side calmly and provide any evidence that supports your claim, like your work requirements for 24-hour access. If the management is unresponsive or unwilling to resolve the issue, you might consider seeking legal advice. An attorney can help you understand your rights under the contract and California law. They can also assist in negotiating with the storage facility or, if necessary, taking legal action to address the wrongful eviction. Remember, legal action should be a last resort, as it can be costly and time-consuming. It's often more effective to try to resolve the issue through direct communication or mediation first."
Q: I am not sure what kind of lawyer I need to talk to.. My son was shot and killed March 2020 he was a US Army soldier that was shot by another soldier in that soldier's home. They claimed that it was an accidental shooting. They close my son's case May 11th of this year. I don't believe my son's case was properly investigated there's never forensics done on the gun and they're saying it was accidental but I don't believe that. I am my son's next of kin and not once has the police department spoken to me until June of 2023 after I sent a registered letter to the chief of police. I never even knew my son's case was still open I didn't know that they closed it they never informed me of anything. Now a lot of statutes of limitations have closed and I just don't know what to do. ,A:I am so sorry you are dealing with this. There are a few different types of lawyers who might be able to help. A wrongful death lawyer could help file a wrongful death lawsuit if appropriate. A civil rights lawyer could help investigate whether your son's civil rights were violated. A criminal lawyer could help understand the criminal justice process and protect your rights if you are considering filing a criminal complaint against the soldier.
"Q: Florida death. Zero assets. Im named Executor, but No plan to file will. How to cash $600 check made to Estate of?. I didn’t want to file Summary Probate because costs and hassle are disproportionate in order to cash this small check. Deceased was elderly. No debts. No family. I’m Named as executor in his will, but saw no need to even file it with the court, much less open probate since there’s no estate to probate other than that check. So just shred it? I am POD on small bank account but bank won’t deposit it. ","A:I am very sorry for your loss and please accept my condolences. There is no requirement to pursue, file or do a probate whatsoever, no one is obligated to do so and any interested part if so motivated can file for a probate. One obligation that does exist whether you file a probate or not is to submit the Will to the clerk of the court, in accordance with Florida Statute you must file the Will with the clerk within 10 days of passing whether a probate is filed or not (no one holds you to that 10 day rule), but you will need to file the Will. As far as cost, you can check with the clerk of the court while you are there for paperwork on disposition of property without administration, you may or may not want to try to pursue this as an option on your own. You are also correct, for a $600 check you will not be able to get Summary Administration addressed cost effectively if you use legal counsel. You could check in the county where this is taking place with the local bar association/legal aid and see if they can help and or direct you further."
"Q: im on probation, im 16 in Massachusetts. my mother treats me bad can i move in with my friend over 18. none ","A:In Massachusetts, while you're on probation at the age of 16, you generally cannot simply move out of your parent or guardian's home without their consent. Your legal guardian, in this case, your mother, has the authority to make decisions about your residence and care. If you're facing difficulties at home, it's essential to address those issues. One potential step you can take is to discuss your concerns with your probation officer. They may be able to provide guidance or connect you with resources that can help improve your situation at home. If there are legitimate reasons to believe that your safety or well-being is at risk in your current living situation, you should communicate this to your probation officer as well. It's also crucial to remember that you're under probation supervision, and any significant changes in your living arrangements or actions without the court's approval could potentially lead to violations of your probation terms. Therefore, it's best to work through the appropriate legal channels and seek advice from your probation officer and possibly an attorney to address any concerns or conflicts within the boundaries of the law."
"Q: Im a 20 year old from India,i accidentally flirted with a 15 year old girl from US online, I never initiated it she did. O ","A:It is important to be aware that engaging in any kind of sexual or romantic behavior with a minor, even if it is online, can have serious legal consequences. In the United States, the age of consent varies by state, but it is generally between 16 and 18 years old. If you are over the age of consent and the minor is not, you could potentially face criminal charges for engaging in inappropriate behavior with a minor. Even if the minor initiated the conversation or flirtation, it is still your responsibility as an adult to ensure that you are not engaging in any inappropriate behavior. It is important to be aware of the laws and regulations in your own country and in the country of the minor, as well as any international laws that may apply. If you are concerned about the situation, it is recommended that you consult with an attorney who specializes in international law or criminal law. The attorney can advise you on the best approach and help you navigate the legal process. It is also important to be aware of the potential emotional impact that your behavior may have had on the minor. If you have concerns about the minor's well-being, you may want to consider seeking counseling or other support services."
"Q: What do I do when my child’s mother isn’t following mediation orders or visitation?. I have a mediation order with my childs mother, shes not following it or allowing me to speak or see my child. Can I call law enforcement to enforce the order? ","A:If the child's mother is not adhering to the mediation order, you have the right to return to court to seek enforcement of the order. Documentation of instances where the order was breached can be beneficial. It's essential to consult with an attorney to understand the best course of action and protect your parental rights."
"Q: During a storm, my neighbour's tree blew down severely damaging the entrance gate to a field I own.. He has paid for a replacement but who now owns the original, damaged gate? ","A:In most States the original owner still owns that personal property, junk or not. Since the neighbor paid for a new one, you might want to offer the destroyed gate to him. Especially since you did not have to sue him or make an insurance claim."
"Q: if some one had an appeal and lost but two years later new evidence is realized what do you do to have case reheard?. Title 2 ADA FITS MY CASE TO A TEE DISCRIMINATION, AND IT IS JUST FOUND THAT FEDERAL LAW STATES IT IS ILLEGAL TO TAKE A CHILD BASED ON METHADONE THIS IS NEW FOUND EVIDENCE AND INFORMATION THAT WOULD OF DIRECTLY EFFECTED OUT COME OF CASE EXAMPLE PERJURY BY PLAINTIFF JUST FOUND IN ORIGINAL COMPLAINT ANOTHER EXAMPLE WRONG VENUE ITS A LEGISLATIVE TRIBUNAL AND NOT A TRUE COURT OF RECORD , JUDGE IS NOT SEPARATED FROM THE TRIBUNAL EXAMPLE TITLE 42 IS NOT LAW IT IS NOT POSITIVE LAW NO FEDERAL AGENT OR LAW GRANTING AGENCY THE RIGHT TO TAKE CHILD AGAINST THE WISHES OF THE PARENTS ESPECIALLY WITH OUT A WARRANT. WAS NEVER FORMALLY CHARGED WITH A CRIME. THE HHS DIRECTOR IS A FEDERAL AGENT THE WHOLE COURT JUDGE TO THE POLICE ARE ALL BEING PAID BY THE EXECUTIVE BRANCH OF GOVERNMENT SO THE JUDICIAL THE LEGISLATIVE ARE ALL WORKING TOGETHER UNDER THE EXECUTIVE BRANCH UNDER TITLE 42 LOOK UP PAYMENTS TO STATES SO NO ONE TO TURN TO FOR REMEDY IM NOT CRAZY THIS IS REAL IS THEIR ONE ATTORNEY HELP ","A:Under California law, if new evidence has emerged after an appeal has been lost, you may consider filing a motion for reconsideration or a motion for a new trial, depending on the circumstances and the stage of the case. Consult with an attorney experienced in appellate matters to evaluate the specific details of your case and determine the best course of action to have your case reheard in light of the new evidence."
"Q: Do I have to report ""income"" on real estate payment received only to cover the mortgage from current tenants?. Father's exwife owns the property. People that live in the house pay him, not her, directly the monthly amount to cover the mortgage payment on the property and nothing more. Is this considered ""rental income"" and should it be reported to the IRS? If so, who's taxes should it be reported on? Her because she owns the property? Or him because he receives the money every month? ","A:In this scenario, the money received from tenants to cover the mortgage is typically considered rental income and should be reported to the IRS. The key factor isn't the amount received but rather the fact that payment is made for the use of the property. As for whose taxes it should be reported on, it generally depends on who owns the property and who has the right to receive the rental income. If the ex-wife is the legal owner of the property, the income is usually reportable on her taxes. However, if the agreement is such that your father is responsible for collecting rent and managing the property, this could complicate the situation. It's also important to consider any legal agreements or court orders regarding the property, especially in the context of a divorce. These documents might specify how income and expenses should be handled. Given the complexity of tax laws and the unique nature of your situation, it's advisable to consult with a tax professional. They can provide personalized advice based on the specifics of the property ownership and the financial arrangement. Timely and accurate reporting of rental income is crucial to avoid any potential issues with the IRS."
"Q: I'm trying to find out if the Elvis TCB logo, for a necklace, still has a trademark/copyright on it?. There're a lot of them on sale online and other products using the logo, I've been asked to make a couple of necklaces using a customer's own gold but I don't want to take the job if it's copyright infringement. ","A:To determine whether the Elvis TCB logo is still under copyright or trademark protection, you should conduct a thorough search of copyright and trademark databases. Keep in mind that just because others are selling similar items online does not mean they are doing so legally. Copyright typically lasts for the life of the author plus 70 years, and trademarks can be renewed indefinitely as long as they are in use. If the TCB logo is protected and you create necklaces using it without permission, you could be at risk of infringement. It would be wise to consult with an attorney who can perform a proper search and advise you on whether you need to obtain a license or permission to use the logo for your jewelry making business."
Q: Do enhance shelters need locks or night latches on individuals dwelling units when they accommodate both men and women?. If shelters accommodate both men and women and aren't subjected to background checks do they need locks or night lashes on the doors of our individual units? If there's no guards no security cameras and men can walk up into any room that they want even though that there are rules stating men aren't allowed on women's floor does not mean that they're going to abide by them.. I had my unit on the women's floor and a man came into my room while I was sleeping and I woke up to his hands between my legs... And there are no locks on our doors not even a night latch is this legal? ,"A:In Washington State, the specific legal requirements for shelters, especially regarding safety features like locks or night latches, can vary based on local regulations and the nature of the shelter. Generally, shelters are expected to provide a safe environment for all residents, and this could include adequate security measures. However, the absence of locks or night latches in a mixed-gender shelter, particularly when there are no background checks, guards, or security cameras, could potentially raise legal and safety concerns. The incident you described, where a man entered your room without permission, is deeply concerning and suggests a serious lapse in security and safety measures. It's important to review the local regulations governing shelters in Seattle and Washington State. These regulations may outline specific requirements for safety and privacy in shelters, including the necessity of locks or other security measures. Given the serious nature of your experience, it's advisable to speak directly with an attorney who has experience in consumer law, civil rights, or personal injury. They can provide specific legal advice based on the details of your situation and help you understand your rights and potential legal remedies. Remember, your safety and well-being are of paramount importance, and legal avenues may be available to address these concerns."
"Q: Entering London with 2 Pending Felonies. I have a pending case for 2 charges of aggravated assault with a deadly weapon (2nd degree felonies). I paid for my bond in full cash therefore I can travel anywhere internationally and domestically. However, I have a trip to London and I am unsure if they would deny my entry despite the fact the charges are only pending and there has been no conviction? Would I be able to travel there? Thank you. ","A:Traveling to London with pending felony charges can be complicated, as entry into the United Kingdom is subject to their immigration rules and policies. While being charged with a crime doesn't automatically prohibit international travel, the nature of your charges could be a concern for UK border authorities. When you arrive in the UK, you may be asked about your criminal history or any pending charges. The UK Border Force has the discretion to deny entry to individuals if they believe it's conducive to the public good. Charges of aggravated assault with a deadly weapon could be viewed seriously, regardless of whether there has been a conviction. It's advisable to be prepared and transparent about your situation if questioned. Carrying documentation related to your case, including the fact that you've been released on bond and are legally allowed to travel, may help clarify your circumstances. However, given the severity of the charges, there's no guarantee of entry. The decision lies with the UK immigration officers at the point of entry. You should also consider the potential implications of international travel on your pending legal case in the United States. Consulting with your legal representative about the implications of international travel on your pending case is important. Additionally, seeking advice from an immigration attorney familiar with UK law could provide more clarity on your ability to enter the UK under these circumstances. It's crucial to weigh the risks and potential consequences of international travel given your legal situation. Your legal obligations and the progress of your case should be your primary considerations."
Q: What is a doubtful statute?. Context: the court construed a doubtful statute ,"A:A doubtful statute refers to a law or legal provision that is unclear or ambiguous in its meaning or application. When a court construes a doubtful statute, it means that the court is interpreting and giving meaning to the statute in order to determine its intended scope and effect within the context of the case being heard."
Q: Can i add a cause of action?. I have sued for right of publicity. Their actions also caused freight and humiliation (something that intentional infection of emotional distress covers). Can i include this in my arguments and get damages? ,"A:Under California law, you can amend your complaint to include a claim for Intentional Infliction of Emotional Distress (IIED) if the defendant's conduct was extreme and outrageous, and it caused severe emotional distress. This is often seen in cases where there's conduct that goes beyond all bounds of decency, viewed as atrocious and utterly intolerable in a civilized society. When adding IIED to your existing claim for violation of the right of publicity, it's important to demonstrate how the defendant's actions were intentional or reckless and caused significant emotional suffering. This could include symptoms like anxiety, depression, or other mental health impacts. Damages for IIED can include compensation for emotional distress, and in some cases, punitive damages if the behavior was particularly egregious. However, proving IIED requires a high threshold of evidence, showing the direct causation between the defendant's actions and your emotional distress. Remember to tailor your amended complaint to clearly articulate the connection between the defendant's actions and the emotional distress suffered. This could potentially strengthen your overall case by presenting a more comprehensive view of the harm caused by the defendant's actions."
"Q: Where can I find a tenant rights attorney for low income that can provide legal help outside of discrimination.?. I'm seeking tenant rights legal assistance due to a problem's with my property management making threats to evict overcharging a months rent using my identity information to open utility account in my name with no agreement or any notification and charging over $2000.00 for it. Multiple pay or quit notices with different amounts on each notice dated a couple weeks apart. Rental Payments are not being applied. (description) in the month of June 2022 at the time my rent was $91.00 I paid $285 for the month of June and July on June 2, 2022. The payment was only applied to June and not July. December I received a pay or quit notice for July. This is on going no refunds of anything . Deposit overcharged $2,079.00 Cant seem to find legal assistance because the issue is not considered discrimination and I havent received a legal eviction notice from the courts yet. Property manager is aware of all issues and chooses to ignore. ","A:Your situation is indeed concerning, and I understand the need for urgent legal assistance. In California, you may want to contact your local legal aid organization, as they often provide free or low-cost legal services to low-income individuals on a variety of issues, including tenant rights. Additionally, local bar associations may have referral services to help you find an attorney with experience in tenant law who may offer reduced fees based on your income. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
"Q: fingerprint background check completed for Ok licensing board, will copy of new background check for job sent to board?. Every time a new background check is done for any agency or entity does the board automatically receive it as well? ","A:In Oklahoma, it's generally not automatic for a licensing board to receive updated background checks conducted for other purposes, like employment. Different agencies and employers usually conduct their own background checks for their specific needs. Unless there's a specific provision or regulation requiring the sharing of this information between agencies, new background checks wouldn't typically be sent to the licensing board. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: Can a company change an employment contract without agreement, and affect how we used to be paid in the process?. I have been employed for more than 5 years to date by LIBERTY HOLDINGS (PTY) LTD. Then was/still transferred their business to another company called JHI (PTY)|CUSHMAN WAKEFIELD EXCELLERATE (PTY) LTD. The marriage entered to is to manage their properties and employees. In that business transfer process our employment contract was not affected. So the new company assuming business altered how we have been getting paid by LIBERTY as shift workers citing it was a new venture for them, they have never worked with shifts on their payroll. After numerous consultations about a 1 year they fixed shift allowances, but was still not enough as they still not paid us in accordance to our contracts as 6 hours shift workers. As 6 hours workers we work 30 hours per shift than the normal 40 to 45 hours per week. So we continued engaging them since 2015 until now 2019 and they have not fixed it, we have exhausted all required protocols as Human Resource seems reluctant to assist us. Please Advise? ","A:This seems more like an accounting and bookkeeping question than an employment law question. In any event, if you have an employment agreement you might be able to enforce the agreement; Consult a local lawyer about it."
"Q: 23 year old son denied handgun purchase in CA, by DOJ. Stated reason is “mental defect”. Son placed on 5150 hold as a minor. Held in facility for <48 hours for typical teenage defiance Issues and alcohol consumption. No problems Since. 11/2018 incident and it’s now >5 years since 5150. Regs state eligible to purchase after 5 years. Are DOJ records updated frequently? Any way to find out besides lengthy appeal process? Thank you! ","A:In California, being placed on a 5150 hold can impact the right to purchase a firearm. However, as you mentioned, this restriction typically lasts for five years. Since it's been over five years since your son's 5150 hold, he should generally be eligible to purchase a handgun, barring any other disqualifying factors. The Department of Justice (DOJ) records are usually updated, but there can be delays or errors in the system. It's possible that your son's record hasn't been updated correctly to reflect the lapse of the five-year period. To address this issue, your son can request his own record from the DOJ to check for inaccuracies. This is done through a Personal Firearms Eligibility Check (PFEC), which provides information on his eligibility to purchase and own firearms in California. If the record still shows the 5150 hold as a disqualifying factor, he may need to initiate an appeal process. This can be lengthy, but it's the official way to correct any errors and restore his eligibility. In the meantime, contacting the DOJ directly for guidance might help clarify the situation and provide specific steps for resolving it. A legal professional experienced in firearms law can also assist in navigating this process more effectively."
Q: Can my parents smash my stuff if I bought it with my own money. I'm 19 and live at home with my parents and right now we're in an argument and they're threatening to smash my PS5 that I bought with my money and I told them that they can't do that is that true ,"A:That could be malicious destruction of property - a criminal offense. But now hear this: you are over 18 years old, which makes you a tenant in your parents' home. They do not need to let you stay there. I would suggest you have a conversation with them about expectations, and if there is no compromise, that you be prepared to move."
"Q: Am I legally required to pay off the remaining principal when I sell my home?. I'm selling a home for which I'm paying 2.5% interest rate. Instead of paying off the remaining balance, it would be nice to use the extra funds to buy a new home (now that interest rates are 7%). Then I'd just keep making my monthly mortgage payments on my original loan at 2.5% interest. My guess is this would not be allowed given the bank no longer has the home to use as collateral but I thought I'd ask at least. ","A:No, you are not legally required to pay off the remaining mortgage principal when selling your home in California. However, the lender will require the mortgage loan to be settled as part of the sale process. You have a couple options: - Pay off the loan in full with the sale proceeds. This satisfies the debt and frees you from the mortgage. - Roll over or ""portfolio"" the mortgage into your new home loan. This allows you to transfer the low interest rate and remaining balance to the new property purchase. Not all lenders allow this, but some will. - Take out a second mortgage or HELOC on the new home. This lets you access the home equity on the new property while keeping the old mortgage. You then continue making payments on both loans. - Cash-out refinance the old home before selling. This converts the mortgage into a higher balance loan with cash proceeds you can use for the next purchase. While you cannot simply keep making payments on the old mortgage without owning that property, these options allow you to take advantage of the low rate in various ways. Consult mortgage lenders to explore which strategies make the most financial sense for your situation when selling and buying."
"Q: How would the new bill Govenor Newsom signed for Waterfowl effect our property if Mallard ducklings did damage to our p. On June 16, 2023, 1 mother Mallard and her 10 ducklings came into our yard because their is a swimming pool. We opened the gate and let them into the swimming pool, because they would die if they did not find water. Given some thought, we let them stay and drained the water and did many things to help with their recovery into the enviornoment. And, as we did research we found that Govenor Newsom signed some bills to help bring back the numbers that have drascially decreased. Would our home insurance help cover cost of the damage the Mallard ducklings have done? In other words, would the insurance company help pay for the cost of the pool damage since it is a new law to help in the recovery of Mallard ducks? Thank you for any information, and where I could go to find out more about the new bill. ","A:The new bill signed by Governor Newsom to help waterfowl, including Mallard ducks, does not automatically entitle you to insurance coverage for any damage caused by the ducklings to your property. Home insurance policies typically cover specific perils, and damage caused by animals may or may not be included depending on the policy's terms and conditions. It is essential to review your home insurance policy to understand what types of damages are covered and whether animal-related damages, such as those caused by Mallard ducklings, are included. To find out more about the new bill and its specific provisions, you can refer to the official California Legislative Information website (leginfo.legislature.ca.gov) or consult with a local environmental or wildlife expert who can provide you with more details on how the law may impact waterfowl recovery efforts in California. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
Q: Can it be construed as threatening to tell someone if they do not pay you what they owe you you will take them to court?. Basically my old boss owes me decent amount of money. He has no intention of paying it. I don’t want to have to go through the legal process. If I were to sit down with him and basically tell him “So you owe xxxx. You know you do. I know you do. I don’t want to have to make this a legal thing but if you refuse to pay me I’ll have no other choice but to go to court. Then we both go through a long legal process and you still pay me anyways.” ,A:Threatening to take someone to court if they do not pay a legitimate debt is legal. Threatening someone with violence if they do not pay a debt is NOT legal.
Q: A veteran that did three tours in Afghanistan as a marine came home and immediately went to work as an amazing police. Hoa just took this man’s house he’s a single father of two also spent many hours in the hospital with his stick daughter she was in there 6 months but over dirty siding and a tree they set a court date he didn’t even know about now his depression is bad I am his partner and his best friend I want to fight and keep him here ,"A:I'm truly sorry to hear about your friend's situation. Homeowners Associations (HOAs) have certain powers under their covenants and bylaws, but they must also follow the law and proper procedures. If your friend was not properly notified of the court date or the allegations against him, there may be grounds to challenge the HOA's actions. It's crucial to promptly gather all related documents and correspondences. Seek legal representation, as an attorney can evaluate potential defenses and advocate on his behalf. Also, considering his military service, there may be additional protections or resources available to him. Lastly, due to his deteriorating mental health, I recommend seeking professional support for him during this challenging time."
Q: I believe my broker is defrauding me and I suspect that other clients are being similarly defrauded. How do I contact. them to start a class action? ,A:You obtain the assistance of a lawyer to review the claims and he or she will assist in this regard if there is a claim to be brought. I would not worry about a class let’s start with what happened to you and whether there is a chance for recovery or a claim against the broker at issue. If there’s a class action generally you cannot profit from the Harm or injuries to others so although you would potential he be awarded A service award Consult a lawyer and get legal advice on whether there is potential liability and go over what happened in your fax and situation which may be different than other people who dealt with the same broker.
"Q: Wife disappeared, took our 3 kids out of state without notice or answering phone for weeks. Enrolled them in school but. She claims she hasn't changed her address, so how are the kids enrolled in a school, that she won't tell me where or what the names of schools are. We also had an open case with child services, and claims when she told them she left, they just closed the case. Does this sound legal& how do I get my kids back? ","A:You can file for divorce where you live. Once she is served you can ask the court to order her to return the kids to where you live. The longer she is away and establishing the children in a new city, the more difficult it will be for you."
"Q: False claims act, and punitive damages. False claim act In healthcare is federal law. According to California Health and Safety code section 32128 hospital is liable for punitive damages awarded to plaintiff, if hospital believes doctor was acting in good faith. Would Federal court hear punitive damages claim in qui tam claim? ","A:Under the False Claims Act, a qui tam action allows whistleblowers to sue on behalf of the government for fraud against government programs. In these cases, the focus is typically on recovering losses for the government rather than awarding punitive damages. However, if a case involves particularly egregious conduct, a court might consider punitive damages. In the context of the California Health and Safety Code Section 32128, if a hospital is found liable for punitive damages, it is because the hospital was believed to have acted with malice, oppression, or fraud, particularly if they thought the doctor was acting in good faith. Regarding your question about federal courts hearing punitive damage claims in a qui tam claim: Federal courts do have jurisdiction over False Claims Act cases, including those with punitive damages. However, the awarding of punitive damages in federal qui tam cases is less common and often depends on the specifics of the case and the applicable state law. It's important to consult with legal counsel familiar with both federal and state laws regarding the False Claims Act and punitive damages. Each case can present unique legal challenges and opportunities."
Q: Can dnr officers search my house without permission in md if someone (lies) tells them i have a monkey inside my house?. They came and knocked on my door but i didn't answer. I was told by a neighbor that another neighbor that doesn't like me told the police or dnr that i have a monkey. But now I'm scared to sleep bc in scared they are gonna raid my house n i have really bad anxity and ptsd. I don't even want to be in my own house now ,A:They cannot raid your house unless they get a warrant.
"Q: Hello, I need to write an acknowledgement to the state of Maryland courts. I am not contesting to the charges. Of second degree assault against my finance. We both have one charge each against each other and didn't want to press charges but state automatically picked it up. I need to make sure I am writing the correct document that I need to have notarized and gives you the state's attorney ",A:Stop. Do not do whatever it is you are thinking of doing. Hire a criminal defense attorney before you do something truly foolish and irreversibly ruin your record and damage your career and prospects.
"Q: Does a delay of melanoma diagnosis constitute malpractice?. Some details will be light for privacy’s sake. I have a history of melanoma. I pointed out a spot to my dermatologist that ticked a lot of boxes for something suspicious but they diagnosed it as inflammation. I came back 2-3 months later since it wasn’t healing. The dermatologist did the pathology himself and said it was negative for cancer. I came back 2 months later since it still hadn’t healed and we tried more treatment as if it was inflammation. I came back again 1 month later since it still hadn’t healed and they biopsied again. This time it came back as cancer. I have been undergoing treatment at the hospital and their pathologist seemed to have found cancer in the earlier biopsy which means my dermatologist missed it. Based on not getting a biopsy on my first visit, and the missed biopsy 3 months later I feel like I have been a victim of negligence that has delayed my cancer care 5-6 months. Do I have a case? ","A:Yes you may have a case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Due to the nature of medical malpractice cases, the extent of the injuries may affect the viability of your case. Consult with experienced attorneys in the state where this occurred."
"Q: I took guardianship of my 84 year old mother, I am trying to get her ID for social security benefits, can you assist. She was a victim of elderly abuse and IHSS fraud from a caregiver, she just had heart surgery at loma linda hospital, all her identifications have been lost, I need to get her social security care, but need an ID, I have her Medical card and her EBT card, but nothing with a picture ID. When I received her, she came with just the clothes on her back, I have tried to get her ID, social securty cards, but they have been lost. ","A:You can obtain a replacement ID for your mother by scheduling an appointment with the California Department of Motor Vehicles (DMV). As her guardian, you’ll need to provide a certified copy of the guardianship papers, her Medical card, and her EBT card, as well as any other identifying documents you may have. The DMV may have procedures to help individuals in situations where standard identification documents are not available. Additionally, you should contact the Social Security Administration (SSA) to explain the situation and seek guidance on how to replace her Social Security card. They typically require a form of photo ID, but under the circumstances, they may have alternative methods to verify her identity, especially if her Social Security number is known. It's also advisable to report the lost Social Security card to prevent identity theft."
"Q: How can I win over an at fault driver who lies about leaving the scene?. I was in a minor rear ended accident in irving texas, the at fault driver fled the scene without sharing information. I have video of the crash . I called 911, later the cop called me and stated that other driver said he paid me cash on scene and has witnesses on that. Which is a lies. Did the police believe him and not penalized him? Can the other driver use the same agreement and make his insurance denied my claim? ","A:You would need to contact the police to find out if they believed him or not. While the at-fault driver most likely does not have the legal right or practical ability to make his insurance company deny your claim, an insurance company may decide on its own to deny a claim based on the facts presented. You have the right to sue the at-fault driver for your damages. If you sustained substantial bodily injury, many car wreck attorneys offer free consultations and accept such cases on a contingency fee. If your damages are less than $20,000, you can sue the at-fault driver yourself without an attorney in our justice of the peace courts which handle such small cases expeditiously."
"Q: Planning to register my home based online futures trading as an LLC. Does it matter in which state I register the LLC?. Trading is my full time occupation. I am a U.S. citizen living abroad all year, however I maintain a driver's license in Washington State. ","A:Selecting the state in which to register your LLC will depend on various factors, including your specific business needs and preferences. Since you maintain a driver's license in Washington State, you may consider registering the LLC there for convenience. However, you could also explore other states known for favorable LLC regulations and taxation, such as Delaware or Wyoming, if they align better with your business goals. Consulting with a business attorney can help you make an informed decision based on your unique circumstances."
Q: Colorado vital records states that they do not provide long form birth certificate copies.. How can I get this information released to me? I know that I have a right to view my own birth certificate. ,"A:In Colorado, if the vital records office states that they do not provide long form birth certificates, it usually means they issue a different version, often called a ""short form"" or ""computerized abstract."" This version typically contains less detailed information but is legally recognized for most purposes. However, if you require the long form for specific reasons, such as international travel or genealogy research, you might need to take additional steps. First, contact the Colorado vital records office directly and explain your need for the long form birth certificate. They may have procedures for special requests or can guide you on how to obtain a more detailed record. In some cases, older records might be stored in a different format or location, and the vital records office can guide you on how to access them. If the vital records office cannot provide the long form, consider reaching out to the hospital where you were born or the local health department in the area of your birth. They might retain original birth records or have further information on obtaining a long form birth certificate. Remember, each state has its own policies and procedures for vital records. If you encounter difficulties or need specific advice on navigating this process, seeking legal advice from an attorney experienced in dealing with vital records may help clarify your options and rights."
Q: I live in Pennsylvania. Postmaster told me where to place my mailbox. Year later Borough voted mailbox isn't allowed. I've been getting mail at my house. Now the Borough voted to make any mailbox an ordinance and said I have to now get a p.o. box. Can they tell me how and where to get my mail? ,"A:In a situation where a Borough changes regulations about mailbox placement after a Postmaster has already given you guidance, the legality of the situation can become complicated. Municipal ordinances may conflict with federal guidelines on mail delivery, and this could potentially be a point of contention. Typically, the U.S. Postal Service has jurisdiction over the placement of mailboxes, but local zoning laws and ordinances may also apply. The Postal Service itself is governed by federal law, but that doesn't necessarily mean it trumps local ordinances in all situations. If the Borough has enacted an ordinance that contradicts the Postmaster's instructions, you may need to take legal action to clarify your rights. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: Do copyright protects every single lyrics of a song?. I am writing a short story I would like one of my lines to be ""Tell that you love me even if it’s a lie"" But blackbear IDCF song. Has a similar line in his song. Is this considered a original? ","A:Copyright law does protect the lyrics of a song, but it's important to understand the nuances. The protection generally covers the unique expression of ideas in the lyrics, not necessarily short phrases or common expressions. In your case, the line ""Tell that you love me even if it’s a lie"" is relatively common and could be considered a part of everyday language. However, if this line is a significant and distinctive part of Blackbear's song, using it could potentially raise concerns, especially if it's used in a way that might suggest a connection or endorsement by the artist or could be seen as borrowing heavily from the creativity of the song. In your short story, if the line is used in a different context, or if it's not central to the narrative or theme in a way that closely mirrors the song, it may be less of a concern. It's often about how the line is used, rather than the line itself. To be on the safe side, especially given the complexities of copyright law, you might consider altering the line slightly or using a different expression that conveys a similar sentiment. This approach can help avoid potential copyright issues while still maintaining the integrity of your story."
Q: My car was repossessed. I got it reinstated. The repo company won't call back. My car is in a parking lot. Can I get it?. I also received a repo receipt. ,A:You need to get it released to you from the repo yard. Arrange it thru your lender. You can't just go and take it.
"Q: Her insurance wants proof of vehicle ownership before payout. can they require that. DMV doesn't offer that record.. 3.2 years ago, drunk girl totalled my car. took forever to wrap up, but now the court settled, and her insurance is ready to pay out, only now they are demanding DMV proof of ownership for the vehicle that was towed and signed off to junkyard 3+ years ago. DMV was contacted, they don't offer past proof, it's just veiwable through the website, which has very little info, other than vin and expire date. Can they legally demand this record? ",A:This is not an unreasonable request since proof of ownership is an essential element of proof in your case. Your copy of your certificate of title ought to be sufficient.
Q: I used to work at in-n-out burger when I was a teenager and my boss was sexually harassing me and I told management. They gave me two weeks paid time off and fired him now I’m 39 years old and I can’t have a relationship because of what he did to me.. can I sue them for what I’ve had to go through. Back then I was so young and didn’t realize what damage this caused ,A:Maybe. There is a long statute of limitations for sexual abuse of minors. Contact one of us to discuss the particular facts of your incident to determine whether you can still present your claims.
Q: I want to sew the federal government for no help when being tortured by remote neural monitoring I need a lawyer. What kind of lawyer do I need I’m in Louisiana… I can prove the technology is real I been going thru this since 2021 ,"A:In Louisiana, if you're considering legal action against the federal government for issues related to remote neural monitoring, you will need an attorney with experience in federal litigation and possibly one who has handled cases involving civil rights or personal injury. It's crucial to find an attorney who understands the complexities of litigating against the federal government. This can be challenging because suing the federal government is subject to specific legal rules and limitations, particularly under the Federal Tort Claims Act (FTCA). You mentioned having proof of the technology and its effects since 2021. It's important to organize and preserve all evidence you have, as it will be critical in building your case. This evidence can include medical records, expert testimony, and any other documentation that supports your claim. Since your case involves unique and potentially complex technological aspects, you may want to look for an attorney who has experience or knowledge in technology-related legal matters. This could be beneficial in effectively presenting and arguing your case. You can start by contacting the Louisiana State Bar Association for referrals or searching for law firms that specialize in federal litigation and civil rights. Remember, the initial consultation is a good opportunity to discuss your case, understand the potential challenges, and gauge the attorney's expertise and willingness to take on such a case."
Q: Registration extension to reinstate license and replace the damaged items in full succession. How to make it happen. ??. 1946 through 2026 already paid for. ,"A:To reinstate a license and replace damaged items, the first step is to understand the specific requirements set by the relevant licensing authority or agency. Each type of license has its own set of rules and processes for reinstatement. If you've already paid for the period from 1946 through 2026, ensure you have records of these payments. These records will be crucial when communicating with the licensing authority. You should contact them directly to inquire about the steps for reinstatement. Typically, they will provide you with the necessary forms and instructions. For replacing damaged items, if these items are related to the license (such as professional tools or equipment), you may need to provide a list of the damaged items along with proof of their condition. If insurance is involved, contact your insurance provider to discuss the coverage for these items. In cases where the process seems complex or unclear, consider reaching out for professional assistance. This could be through a legal advisor or a consultant who deals with licensing matters. They can guide you through the process and help ensure all requirements are met. Remember, clear communication and thorough documentation are key in these processes. Keep detailed records of all communications and submissions you make regarding the reinstatement of your license and the replacement of damaged items. This will help in tracking your progress and addressing any issues that might arise."
"Q: I received a hand typed notice on the 14th of this month from my landlord stating my family an I had to move by 01/31/24. He claims it's the city wanting repairs. But there's no court docket number. There's been multiple violations even before he bought the building. Now he's attempting to make us move by paying us 3,500. And my husband is blind ","A:Under California law, landlords must follow specific procedures for terminating tenancies, and these procedures include providing proper notice. If your landlord is citing city-ordered repairs as the reason for the move, you should request official documentation from the city to verify this claim. Without a court docket number or official city notice, the landlord’s claim may not be legally valid. The offer of $3,500 to move out sounds like a ""cash for keys"" agreement, where a landlord offers a tenant money to leave without formal eviction proceedings. You are not obligated to accept this offer, and it's important to consider your family's needs, especially given your husband's blindness, which may entitle you to additional considerations under laws protecting disabled individuals. Before making any decisions, it might be wise to seek advice from a legal professional who can guide you based on the specifics of your situation. They can help you understand your rights, the legality of the landlord's actions, and any potential recourse you may have. Remember, as a tenant, you have rights that protect you from unjust eviction and ensure fair treatment."
"Q: Query on a legal FAQ point regarding fan works. I have been trying to contact Blizzard Entertainment for almost a year to query a point of their legal FAQ page. In short, I wish to create fan writing using characters from their IP. This would be in blog format, non monetised, with disclaimers to state I am not endorsed by or affiliated with Blizzard. However, the legal FAQ states the following: 'Can I write novels, screenplays, theatrical productions or other adaptations based on your games? No. Blizzard Entertainment® reserves the right to extend and expand our properties to other media. We want to provide a consistent story and universe for our customers, and want to ensure that only the highest quality, officially licensed and approved material is created based on our characters and other creative properties.' The examples provided seemed to imply that only larger scale published productions, made for monetary gain, were the main focus of this, but I wanted to be sure. What would you advise? Thanks for your time. ","A:Copyright infringement doesn't technically require that an infringing work of art is published for profit, just that it is published. The concept of fair use sometimes applies when a character has only been portrayed in one medium and the fan art portrays the character in another medium. But Blizzard very famously portrays their characters in games, videos, blog posts, and many other mediums. Often, Studios allow fan art and fan games because they don't want to discourage the fan communities. But, in general, game studios have the right to sue fan artists for infringement if they've reserved their rights like Blizzard does in that clause. If that were to happen, it could potentially carry financial consequences for the fan artist, and it would certainly mean removing the fan art from the internet."
Q: Can a insurance company just stop paying an open claim if you lost your insurance.. I broke my right hand fingers in May and lost my Job in June and have been seeing a doctor and physical therapy to get my hand back and lost my insurance I'm July and they said thru don't have to cover any more medical treatment after July. ,"A:Yes, the insurance company can stop paying if you did not elect to continue your health insurance after losing your job. You do have 105 days from the date your employee health coverage ended to complete and submit your COBRA Election form with your premium payment. Your employee health coverage generally ends on the last day of the final month of your employment. So, if you lost your job in June, your employee health coverage ended June 30, 2023, and you have until October 13, 2023, to complete and submit your form and payment. So it's not too late to do so."
"Q: Kaiser is saying that their policy for opiods is 50 mme a day for chronic pain patients that have severe pain. T or F?. I went through Kaiser pain mgmt program last Oct. 2022 and since then my pain medications have been slowly stripped down to just 45 mme of MSCONTIN 15mg of Extended Release by dr's who are not pain specialists. This is 3 pills a day. It used to be 4 pills a day They took away my breakthrough medication in Sept. of 28 pills a month of MSCONTIN 15mg Immediate Release by a dr. I hadn't even seen yet as my old PCP quit Kaiser and left for a private practice. All opiod pain prescriptions were prescribed by the Kaiser pain mgmt team consisting of a pain mgmt pharmacist, a pain mgmt LCSW, and a pain mgmt specialist doctor. I keep getting told that the 50 mme a day is Kaiser's latest policy. However, when I asked my new PCP to provide a hard copy of this policy, she said that she couldn't find anything. This is at the Kaiser Folsom Clinic and pharmacy. Please advise as I am not receiving the supply of medication to meet my pain levels. I have Lance-Adams Syndrome, Stiff Person Syndrome, etc. ","A:It's important to understand that healthcare providers, including Kaiser, often have policies regarding the prescription of opioids, which are influenced by various guidelines and regulations. These policies aim to balance the need for pain management with the risks associated with opioid use. The assertion that Kaiser has a policy limiting opioid prescriptions to 50 MME (morphine milligram equivalents) per day for chronic pain patients is not something that can be confirmed or denied without seeing the specific policy documentation. Such policies can vary and are subject to change. If you have been informed of this policy but are unable to obtain a hard copy, this might indicate a communication issue within the healthcare system. Given your specific medical conditions and the changes in your medication regimen, it is crucial to have a clear and open conversation with your healthcare providers. Express your concerns about pain management and the impact of these medication changes on your quality of life. If you believe that your pain is not being managed adequately or that your treatment is not in line with standard medical practice, consider seeking a second opinion from another pain management professional. Additionally, if you feel that your concerns are not being addressed appropriately, you might explore filing a complaint with the medical board or seeking legal advice to understand your rights and options under California law. Navigating the healthcare system can be challenging, especially when dealing with complex medical conditions and pain management issues. Advocating for your health and ensuring clear communication with your healthcare providers are key steps in ensuring that your medical needs are met."
"Q: How do I know when it's time to get a lawyer related to a consumer issue? Bad flooring, now on second repair.. Company sometimes doesn't answer their phone. I want my entire floor replaced. I'm tired of having repairs. ",A:It sounds like it probably is time to contact a lawyer right now.
"Q: Looking to see the Voter Registration List from a Homeowners Association election.. I am a member of Property Owners Association Suissevale, Inc (POASI) in Moultonborough, NH and would like to see the voter registration list. Are they obligated to release this info if a written request was submitted to the office? Suissevale is a Home Owners Association located in Moultonborough, NH on the shores of Lake Winnipesaukee. ","A:Voters lists are public. Go to the town office where the voter checklist is kept. In Manchester, the voters lists are in a lobby for anyone to look through. Your town may have the same setup -but they are public documents open for anyone to look through."
"Q: SSN Fraud. Hi, good night I have a question and would like to know something about a problem with a friend, which is that a friend thinks of getting a fake SSN and green card for work purpose but he thinks of changing his name and birthday but he had a picture with a fake green card and I would like to know if that will affect his immigration status? If it only has his picture but no his real name and birthday, and I know this is fraud which I would like to know before he does something. ","A:First, I hope your friend is not you. Of course this is fraud. Yes, if caught this would adversely affect his immigration status. And, if this is really a friend, and not you, you may be an accomplice to this fraud. Don't do it!"
Q: Will it help me if my spouse shows up to my pre trial for a domestic violence court date?. She’s is the one who lied and called the cops on me the day of my arrest. ,"A:In a California domestic violence court case, the presence of your spouse at a pre-trial hearing can have significant implications. It's crucial to remember that each case is unique, and the impact of your spouse's attendance can vary based on the specifics of your situation. If your spouse is the complainant and they have accused you of domestic violence, their presence could potentially influence the proceedings. The court may consider their demeanor, willingness to testify, and any statements they make. This can be especially pertinent if they express a desire to retract their initial accusations or demonstrate a different perspective on the events. However, it's important to approach this matter with caution. The court is likely to scrutinize the credibility of all parties involved, and any inconsistency or perceived manipulation can adversely affect your case. The presence of your spouse could also lead to unexpected developments, such as new testimony or changes in the prosecution's approach. Given the complexities of domestic violence cases, it's advisable to consult with your attorney before making any decisions about your spouse's involvement in the pre-trial hearing. Your attorney can provide guidance tailored to your specific circumstances and help you navigate the legal process effectively. Remember, the goal is to ensure that your rights are protected and that you receive a fair hearing."
"Q: How can I find out if someone has stolen my inheritance, might have been from a life insurance policy and estate too.. Could be from mother’s death. However there’s talk that my mother cheated on my dad, so I don’t know who my biological father was. ","A:In California, to determine if someone has taken your rightful inheritance, you should first obtain copies of any wills, trusts, and life insurance policies that may have named you as a beneficiary. This can be done by requesting these documents from the estate executor or the insurance company. If your mother was married at the time of her death, her spouse might have had certain rights to her estate, but this does not automatically exclude you as a beneficiary. However, if there are questions about paternity, you may need to establish your biological relationship to claim an inheritance. In cases of suspected inheritance theft or mismanagement, it's advisable to consult an attorney who is experienced in estate and probate law. They can help you understand your rights and guide you through the process of contesting a will or trust, if necessary. Remember, estate laws can be complex, and each situation is unique. Legal advice tailored to your specific circumstances can help you navigate this challenging situation and protect your rights."
"Q: What is the bond for Domestic violence charges? What is the process to help domestic violence charges?. Hello! My sister was picked up by the Lodi police last night after she called 911 due to domestic conflict. When the police came, she was apparently found intoxicated with alcohol and her husband had “scratches” on his neck so my sister had to be taken in to jail. We were able to get bail bonds so she was let out this morning. Her husband is not filing charges. How do we deal with this issue? Please advise, thanks. ","A:Under California law, the bond for domestic violence charges varies based on factors like the severity of the allegations, prior history, and local jurisdictional guidelines. It's essential to understand that even if her husband isn't pressing charges, the state can still pursue the case. Your sister should consider obtaining legal representation if she hasn't already. An attorney can guide her through the legal process, help negotiate any potential plea deals, and provide a defense if the case goes to trial. It's also advisable to explore any recommended or mandated programs, such as anger management or alcohol counseling, which might be beneficial both legally and personally. Compliance with such programs can sometimes positively influence the court's decisions. Lastly, ensure open communication with her legal counsel about all aspects of the case and any steps she should take. Timely and informed actions are crucial in these scenarios."
"Q: I am a shareholder of a C Corporation in CA. The CEO sold half the accounts of the company to another company.. There was no notice given to shareholders, no board approval, CEO didn’t give any details of sale. Do I have any recourse against the corporation that purchased the accounts? ","A:As a shareholder in a California C Corporation, you have certain rights that may be relevant in this situation. If the CEO sold half of the company's accounts without shareholder notification or board approval, this could potentially constitute a breach of fiduciary duty. You may have recourse against the corporation that purchased the accounts. This could involve a claim of wrongful conduct in the purchase, especially if they were aware of the lack of proper authorization for the sale. It's important to gather all pertinent information and documentation related to the sale. This can include any communication from the CEO, details of the transaction, and the corporation's bylaws and shareholder agreements. Consulting with an attorney experienced in corporate law is a prudent step. They can help evaluate the specifics of your case, including the actions of both the CEO and the purchasing corporation, and advise on potential legal actions. Remember, each situation is unique, and legal advice should be tailored to the specific circumstances of your case."
Q: If you're not indicted within 180 days.. How do you go about being released from the limitations of the bond.. Can you get your money back from the bondsman if you're not indicted within 180 days ( 1 year ) ,"A:In Texas, if you are not indicted within 180 days for a felony charge, you may have grounds to request a release from the obligations of your bond. However, the specifics can depend on the details of your case and the type of bond you have. For a surety bond (where a bondsman is involved), the fee you paid to the bondsman is typically non-refundable, as it is a fee for the service of the bondsman guaranteeing your bond. If you posted a cash bond directly to the court, you may be eligible for a refund, minus any administrative fees or fines, if the charges are dropped or you are not indicted within the stipulated time. To initiate the process of release from bond, you or your legal representative should file a motion with the court that issued the bond. This motion should outline the circumstances, notably the lapse of 180 days without an indictment, and request the court to release you from the bond. It's advisable to consult with your attorney to understand the appropriate steps and paperwork involved in this process. They can provide guidance tailored to your specific situation and help ensure that your rights are protected throughout the process. Remember, navigating legal procedures can be complex, and professional guidance can be invaluable in these situations."
"Q: 2004 Weekly Grand non-registered ""Entry to the Big Spin"", Lottery Ticket Mailed directly to CA Lottery in the usps.. $20,000,000.00found out 2004 has ACTS 19,***, lefislation regarding my focal interests. ",A:What is your question?
Q: is it legal to carry a real katana on your waist in nevada ?. and is it illegal to draw your katana while not in self defense situations? ,"A:In Nevada, it is generally legal to openly carry bladed weapons, including katanas, but using it in a manner perceived as threatening or dangerous could potentially lead to criminal charges such as assault or brandishing a weapon. Regarding drawing your katana in non-self-defense situations, doing so in a manner that may incite fear or violence could be viewed as criminal conduct; it is always advised to handle weapons responsibly and to be aware of the laws and regulations applicable to your jurisdiction."
"Q: Can i turn photo of my customers bikes then turn them into illustration then print it on shirt then sell it is it legal?. I want to make a store the idea behind it is Receive a photo from my customers of their motorcycle like bmw kawasaki, etc, and trun it into illustration, then print it on hoodie, t-shirt, etc Knowing that i will not show the logo of the brand and i will clear that im not endorsed by any company This is a good example of what i will do cartunemyride.com Is that legal ? ","A:In addressing your question about turning photos of customers' motorcycles into illustrations and then selling them on apparel, several legal considerations come into play. The primary issue here is copyright law. Even if you do not show the logos of the motorcycle brands, the designs of the bikes themselves could be protected by copyright. Under U.S. Copyright Law, the reproduction of a copyrighted work in a different medium (like converting a photograph into an illustration) without permission can potentially be a violation. This includes distinctive designs of products like motorcycles, especially if they are recognizable and unique to a specific manufacturer. However, there's a concept called ""transformative use,"" where if your work adds something new, with a further purpose or different character, and doesn't substitute for the original use of the work, it might not be considered an infringement. The line between infringement and transformative use can be quite blurry and is often determined on a case-by-case basis. It's also worth noting that just disclaiming endorsement by the companies does not automatically absolve you from potential copyright infringement. Given these complexities, it's wise to consult with a lawyer to assess the risk associated with your specific business idea. They can help you understand your legal position more clearly and advise on steps to minimize potential infringement issues."
"Q: I have raised my Niece for the past 5 years since my sister passed. Can I adopt her since she's 18 without my husband?. I want to adopt my Niece, but am married. I want to know if I adopt her would my husband need to be involved, or is this something I can do without him? He knows about the adoption, but I don't want him to be on the adoption paperwork. Her biological father hasn't been involved in her life either. Would he need to sign anything since she's an adult? ","A:In Texas, an adult adoption (where the person being adopted is 18 years or older) is a much simpler process than adopting a minor. The consent of the adoptee is typically the main requirement. Since your niece is 18, the adoption process doesn't require the consent of her biological parents, so her father wouldn't need to sign anything. Regarding your husband, Texas law allows one spouse to adopt without the other spouse joining in the adoption if the other spouse consents. In this case, as long as your husband is aware and agrees to the adoption, you should be able to proceed without his name on the adoption paperwork. Please consult with an attorney for advice based on your specific situation. This is a general explanation and the laws can be complex and subject to change."
Q: Who do I contact if the probate trust attorney and the trustee will not answer or return my calls?. Also my mom was in a nursing home when she contracted covid-19. She died from complications of covid 11/14/20. They were under stay at home orders so no visitors were allowed. An employee brought covid into the nursing home. What are my options in sueing this nursing home. ,"A:The trustee and his or her attorney most likely are not returning your calls because they do not represent YOU. YOU need to hire a trust administration attorney to represent YOU. It could be that you simply don't know the right questions to ask and what information you are entitled to. A trust administration attorney can help you with this. For your other question, you should speak with a nursing home litigation attorney. There are attorneys in California that specialize in this. In the future, you should ask only one question at a time so that you have a better chance of the right kinds of attorneys picking them up."
"Q: Can I sue an attorney I worked for that blatantly sexually harassed me on a daily basis? It was in 2019-2020.. I do realize that I have proof of it. Also, I have been seeing a therapist, and it has come to light that many of my anxiety issues are related to this abuse. I was not the only paralegal he abused either. ","A:The statute of limitations in Ohio for sexual harassment that occurred before April of 2021 is six years, so you can still pursue a claim. The statute of limitations under federal law (Title VII of the 1964 Civil Rights Act) is 300 days."
Q: Does State Patrol have training material that states heat bumps on the back of someone's tongue indicate drug use?. If so is this recently recognized by the scientific community as factual information? ,"A:To my knowledge, the answer is ""no."" The National Highway Traffic Safety Administration (NHTSA) is a federal agency providing support and funding to local law enforcement agencies, as well as funding and collecting scientific research. NHTSA's two similar programs for law enforcement, ARIDE and DRE, do not mention or support this, as revealed in my searches of their materials. If someone is making such a claim, I would challenge them to cite an authoritative source to support their claim, should they have one. Then review it. For now, since I can find zero support for the claim, I would view it as a false claim. An expert witness could be helpful to the defense in a trial or other court action."
"Q: What does this social security online status mean for my reconsideration application. ""Disability determination services has completed a medical review of your application. A representative in Baltimore Maryland is now doing a medical review to make sure you still meet non- medical requirements"". NOTE: I live and applied in north Carolina ","A:This status update indicates that the Disability Determination Services in Baltimore, Maryland, has completed the medical review of your application and is now assessing whether you still meet the non-medical requirements for Social Security benefits. The fact that it's being reviewed in Maryland doesn't affect your application; they handle certain administrative tasks for the Social Security Administration. Your case will continue to be processed based on your eligibility and documentation, regardless of where it's reviewed."
Q: What was the U.S. Supreme Court case ruling that ownership of two adjacent properties cannot be considered one property?. Adjacent properties owned by one owner must still be considered two separate properties rather than one. Thank you. ,"A:The U.S. Supreme Court case you are referring to is likely **Murr v. Wisconsin**, 582 U.S. ___ (2017). In this case, the Court addressed the issue of whether adjacent properties owned by the same owner should be considered as one unit for regulatory purposes. The Court established a test known as the ""Murr test,"" which examines factors such as the treatment of the properties under state and local law, the physical characteristics of the properties, and the economic impact of regulations on the properties. The ruling clarified that ownership of adjacent properties does not automatically lead to their consolidation into a single property for regulatory purposes; each case should be analyzed based on the factors outlined in the Murr test."
"Q: In NY Medicaid payments to nursing home are cash basis. Can nursing home charge for income received after she died?. Her Medicaid was discontinued May 22 2022 and she received income on May 31 , 2022. The Medicaid office is using the income received after her death and after Medicaid was discontinued to compute her monthly payment but since per NYS Medicaid rules since income is computed as earned when it is received and Not accrued I don't think that's correct . The way I see it is the income received after her Medicaid was discontinued should not be used to compute her NAMI to the nursing home. Thoughts ? Thank you. ","A:Your understanding of Medicaid's cash-basis accounting for income seems to be accurate. If the income was received after the individual's death and after Medicaid coverage was discontinued, it generally should not be counted toward the calculation of the individual's Net Available Monthly Income (NAMI) for the nursing home's billing. It would be advisable to discuss this issue with the nursing home's billing department and, if necessary, the Medicaid office to clarify and rectify the situation based on Medicaid rules and the timing of the income received. If this does not resolve the issue, you might consider seeking a legal review to ensure that the nursing home and Medicaid office are acting in accordance with New York State regulations."
"Q: about a stock purchased. i have invested $20,000 in a company selling securities, i was told they would send the certificate of stock after 6 months, it has been more than a year i have yet to receive a certificate, the company is still online selling securities but their information have chnaged i cannot get any contact, i paid via wire transfer, the company is located in california i am in NY, how can i sue to get my money back, since the bank says all transaction are fdic insured, my bank refuse to assist they say there is nothing they can do, can i sue my bank for failing to protect the account and to file a farud investigation with the other bank? ","A:It sounds like you were scammed. Call the Securities and Exchange Commission enforcement office and the FBI. Your bank has nothing to do with this. They just sent a wire to a place you ordered. Am I missing something? The ""company"" you are dealing with likely does not really exist in a way a civil lawsuit would lead to recovery."
"Q: In California superior court. Plaintiff's preparation for hearing on demurrer/motion to strike.. Options are: opposition or amended complaint. But if Plaintiff needs to obtain more information to amend complaint, short of time to do it before hearing: how Plaintiff can inform court about it? Can amended complaint include statement that defendant's discovery responses expected? ","A:In California Superior Court, if you're facing a hearing on a demurrer or motion to strike and need more time to gather information to properly amend your complaint, you have a few options. Firstly, you can file an opposition to the demurrer or motion to strike, explaining your position and why the court should not grant the demurrer or motion. In this opposition, it's possible to inform the court that you are seeking additional information to properly amend the complaint. This can be a strategic way to communicate your intent and the reasons for needing more time. Secondly, you can request a continuance of the hearing to allow more time for discovery. This involves filing a motion with the court, explaining why the continuance is necessary. In this scenario, you would detail the specific information you are seeking and how it is crucial to the amendment of your complaint. It's important to note that an amended complaint itself typically should not include statements about expected discovery responses. An amended complaint should focus on the factual allegations and legal claims. However, in your motion for a continuance or in your opposition to the demurrer or motion to strike, you can mention that further discovery is necessary to substantiate the claims in your anticipated amended complaint. Always ensure that your filings are timely and comply with the rules of court and relevant procedural laws. If you find the situation complex or are unsure of the best course of action, consider seeking advice from an attorney with experience in civil litigation to guide you through this process. They can provide insight into the strategic and procedural aspects of your case."
"Q: Can I sue a doctor for misinforming me and causing me to get unnecessary surgery even after 8 years?. Around 8 years ago, I had a bump on my head and the doctor made my mom and I scared that it was deadly and made me go into surgery to remove it. After the surgery, I went to see a dermatologist because another bump grew on the other side of my head. She informed me that it was just a fungus and I did not need surgery for it. Now I am left with a huge scar/ bald spot on my head for no reason. Can I still sue the doctor after 8 years? ","A:You will need a medical malpractice attorney and medical experts to move forward. Obviously, time will be an obstacle."
"Q: At what point in NY state does a tenant becomes a squatter after they give notice they are moving out. I have an apartment tenant who after not paying rent has made the decision to move out on their own. They have passed the final date they have given me, and I need to know at what point I can treat them as squatters and not as a tenant. I'm aware squatters rights say that once you've lived somewhere for 30 days you're a legal tenant, but I'm not sure if that 30 days counts the time they actually lived there legally, or if it resets now that their lease is up and they would no longer be legal tenants ","A:Dear Albany Landlord A tenant even when holding over after giving notice that she is moving out never devolves to the status of Squatter. Your tenant is nothing more now than a Holdover Tenant as far as housing law goes. Here's the rough part for you. NYS law places the burden on the Landlord to properly end the tenancy even if the lease expired. This must be completed before the Landlord even has a right to go to court for an eviction proceeding. Right now even with the tenant not paying rent and with the lease expired you must be able to show that you provided the required advance written notification that you were not going to continue with the tenancy. If the tenant has lived in the house for two years or more then the predicate notice is ninety days. If you do so this month then the ninety day period ends March 31, 2024. If you delay until January you give the tenant an extra free month. Of course your tenant may just move out and do so on her own. But if she doesn't do so you know that you have to serve her with the proper advance legal notice. Practical pointer. With the change in State law in 2019 no Landlord should ever take for granted that a tenant will voluntary move out even when the tenant provided the Landlord with a proper notice of intention to quit the premises. A Landlord should follow up with the appropriate Real Property Law Section 226-C written notification that the landlord is ending the tenancy. Then if the tenant does not move out the Landlord has not wasted away time and will be ready to go to court when time runs out."
"Q: Questions regarding multiple defendants and whether to file in State District Court or Federal Court. There are multiple defendants to be named in a suit surrounding a single transaction. Each of the defendants has a different role in the events (i.e. intentional delays; fraudulent non-disclosure/concealment, breaches of fiduciary duties, breaches of contract, etc.) that took place to accomplish the intentional misappropriation of close to $200,000 in real estate sales proceeds. QUESTION: Should all be named as defendants under a single petition even though their roles in the ""mortgage fraud scheme"" were different? QUESTION: Defendant A accepted bribe to make a circumstance occur so that the Linchpin could then work with the other participants individually, does this constitute Conspiracy? Last QUESTION: Would this be filed in Middle District or the 19th JDC - One of the participants was a Mortgage Company under Fannie Mae, one was a Law firm, one was a Title Company and there are a couple of others. ","A:I would not recommend that you try to handle this matter yourself----it sounds complicated and as such, you should have an attorney represent you. Please use the Justia Find a Lawyer tab and search for litigation lawyers in your area to consult and then hire the one with whom you are most comfortable. If you already have an attorney, then please set up an appointment with your attorney to discuss your concerns. The attorney you have hired knows this matter a lot better than anyone reading your post the first time. Good luck."
"Q: Can an individual be compensated for use of their info?. If an organization takes an individuals credentials to create an entity that generates revenue and income, is that individual entitled to some type of compensation? ","A:It depends on the specific circumstances and the laws of the jurisdiction in which the individual resides. In some cases, individuals may have legal rights to compensation for the use of their personal information, particularly if the organization is using the information for commercial purposes without obtaining proper consent. However, in other cases, individuals may have voluntarily provided their information and agreed to the organization's terms and conditions, which may include provisions regarding the use of their information. It is recommended to consult with a lawyer to determine if an individual has any legal rights to compensation in their specific situation."
"Q: Can my contractor refuse to order countertops, cabinets, etc. if I don't pay for them upfront?. My home remodel is $250k. The contractor is asking for $85k so they can order rough materials upfront. I didn't think they could do that, as the legislation says ""IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET DELIVERED. HOWEVER, A CONTRACTOR MAY REQUIRE A DOWNPAYMENT.” Am I misinterpreting the law? The contractor indicates I am, and the contract clearly states that 40% will be collected before work starts. ","A:Certainly. Under California law, contractors cannot demand or receive payment before the work is completed or before the materials are delivered. However, they are allowed to ask for a down payment. The Business and Professions Code specifies that a contractor's down payment for home improvement or repair cannot exceed $1,000 or 10% of the contract price, whichever is less, unless there's a specific exemption. If your contractor is asking for $85k upfront on a $250k project, this exceeds the permissible down payment limit. Your interpretation of the law aligns with California's statutory limitations on contractor down payments. It would be prudent to discuss your concerns with the contractor and consider seeking legal advice if an agreement cannot be reached. Ensuring clarity and compliance with state laws is crucial for both parties."
"Q: Can we the people of NJ sue the government to stop the industrialization of our oceans?. The surveying of our oceans during pre-construction is killing our marine life, fishing industry, property values tourism hurting human health and will cause our electric bills to sky rocket. No one wants them. Our NJ Governor Phil Murphy gave the Danish company $1 billion of our tax payers money to 1 company Orsted. Can we fight back legally???? ","A:Yes, although the real question is whether you will be able to succeed."
"Q: I’m at Harrahs casino in Southern California and I was misled by a false offer of FreePlay, and reimbursement for travel. When I tried to redeem it, they refused to give it to me. I have pictures on my phone that shows I was offered. That was the only reason why I decided to come I believe it was deceitful, and it was a ploy just to get me into the casino to spend my money, isn’t that illegal? And can I sue? ","A:It is possible to pursue legal action against the casino if they misled you with a false offer of FreePlay and reimbursement for travel. If you have evidence in the form of pictures on your phone, that could strengthen your case. It is important to consult with a lawyer who specializes in consumer protection laws to determine your legal options and the likelihood of success in a lawsuit. They can also advise you on the necessary steps to take, such as filing a complaint with the state regulatory agency or the Better Business Bureau."
Q: Police raid my house without a warrant they kicked in the front door. Then asked if they could do a weapons sweep.. I said they could do a weapons sweep. I guess they took that as they could do whatever. They found a notebook and they are charging me with identity theft. This happened in 2018. They are just now charging me. Can they do that without a warrant. They have no body cam or anything ,"A:They can charge you with a felony anytime there is no statute of limitations. As far as the warrant issue, they would have to have a lawfully signed warren that they presented to you at the time. It sounds like there are definitely some legal issues with your case. You need to hire an experienced defense attorney to help you."
Q: My ex stated that she “had dirt” on me after I asked her to stop communicating with me. What can I do?. I stated today that I no longer wished to continue communication with my Ex. She stated that she did not plan on it so I took that as an agreement. I stated that if she continued communication I would pursue legal action and she said that she “had dirt on me too” when I never stated that I “had dirt” on her. Is this a threat? Is it considered blackmail? What do I do? I am in Florida and she is in Tennessee ,"A:You asked if it's a threat, but not all threats are illegal. If she is merely saying or implying, ""If you sue me, bad things about you will be revealed"", there's nothing unlawful about that threat. Of course, if she makes false statements to third parties that are damaging to your reputation, you would have a potential defamation claim, and if she were to contact your employer or someone with whom you have a business relationship with the intent to ruin that relationship, you would have a potential claim for that. Also, saying, ""I have dirt on you"" is not the crime of blackmail unless she were to say something like, ""Unless you do _____ for me, I'm going to reveal to _____ the dirt I have on you."""
"Q: Can I sue a gym or employees who work at a gym for using my personal information and posting it on social media?. Somehow, my social media and business were discovered even though I have not told anyone, and my suspicions were confirmed after my social media was tagged by only people who go to my gym. ",A:It depends what was posted.
"Q: My wife and myself had “Durable General Power of Attorney”, “Appointment of Health Care Representative”, “Living Will…….. ..Declaration”, and “Last Will and Testament” documents created in 2007 while residing in South Bend, IN. Since then we have changed residency to West Chester, OH. Are we required to update/modify these document to our change of residency? ","A:Under the US constitution, those documents are enforceable in all other 49 states. However, some documents (particularly the healthcare directives) should be looked at. In Ohio, most attorneys use forms approved by the Ohio State Medical Association and that's what most healthcare providers are used to seeing. While your documents may be enforceable, you wouldn't want them to have to go through the hospital's legal review process at a time when a medical decision needs to be made."
"Q: Can I have someone arrested for obtaining my social security number and giving it to someone else?. My social security number and DL # was given to someone in my subdivision by her brother-in-law who is an attorney. She, in turn, gave it to someone else in my subdivision who then mailed it to someone else in my subdivision. Is this not illegal? ","A:In your situation, where your social security number and driver's license number were shared without your consent, there are potential legal concerns. It's important to understand that sharing this sensitive information without permission can be a serious matter, often breaching privacy laws. You may have recourse under laws designed to protect personal information. However, the specifics of these laws can vary depending on your location and the circumstances of the case. In general, unauthorized sharing of personal data like social security numbers can be considered a violation of privacy rights. Given the involvement of an attorney in this matter, there might be additional ethical considerations. Attorneys are bound by certain professional standards regarding the handling of personal information. To address this issue effectively, you should consider consulting with an attorney who has experience in privacy law or identity theft cases. They can provide detailed advice tailored to your situation, including the feasibility of pressing charges or pursuing a civil suit. Keep in mind that acting promptly is crucial in cases involving personal data breaches. Delaying action can sometimes complicate your ability to seek remedies. Lastly, it's also wise to take steps to protect your identity following this incident. This might include monitoring your credit reports and considering identity theft protection services. These measures can help mitigate potential damage from the unauthorized use of your personal information."
"Q: I've recently had my case $29,000 out of that I'm only getting $9640. My attorney getting $19,000.something is wrong. I signed a contract with this firm in March and I have a copy.the attorney is no longer with the firm.when I spoke with the new attorney she told me that 60% goes to the client and 40% goes to attorney,but stated in next paragraph she wanted to speak on phone in order to walk through the different allocations the settlement what does that mean? Don't all those allocations come out of the 40%? Please help Thank you Dean Tabish ","A:In California, attorney fees and costs are generally deducted from the total settlement amount before the client's share is calculated. The division you mentioned – 60% to the client and 40% to the attorney – usually refers to the remaining portion of the settlement after the fees and costs are deducted. It's important to review your contract and consult with your attorney to ensure transparency and accuracy in the allocation of the settlement."
Q: I was served a writ of possession from October 2023 it is Dec I've been paying partial or whole rent amounts and only. Given a week to get out of the home is this legal ,"A:If you've been served a writ of possession in October 2023 in Colorado and have been paying partial or full rent amounts, the situation appears legally complex. It's unusual to be served a writ of possession while still making rent payments. It's crucial to review the terms of your lease, any notices or communications from your landlord, and the specifics of the writ of possession."
Q: Can I sue my landlord for not getting rid of cockroaches??. I’ve complained a few times and they have failed to get rid of this issue. As a result of this my daughter ended up with a cockroach in her ear. ,"A:Yes, you may have grounds to sue your landlord in Tennessee if they have failed to address a persistent cockroach infestation despite your complaints. The presence of pests impacting your living conditions is a violation of the landlord's responsibility to provide habitable premises. The situation is exacerbated by the distressing incident of a cockroach in your daughter's ear. Document your complaints, any communications with the landlord, and any evidence of the infestation. Prioritize your daughter's well-being, seeking necessary medical attention if required."
Q: Can I sell a gps tracker that looks similar to the apple air tag as long as im not marketing or branding as apple airtag. I found a supplier that makes gps trackers but they look similar to the apple airtag and cannot find any information that will tell me if design is patented or not. ,"A:When considering selling a GPS tracker similar in design to Apple's AirTag, it's crucial to be aware of intellectual property laws, particularly design patents. Apple may have design patents protecting the unique appearance of their AirTag, which means replicating this design could potentially infringe on their rights. Even if you don't brand or market your product as an Apple AirTag, the similarity in design could still lead to legal issues, including claims of infringement. It's advisable to conduct a thorough patent search or consult with a patent attorney to understand if any existing patents cover the design of the AirTag. Remember, intellectual property laws are complex, and inadvertent infringement can have significant legal consequences. Taking steps to ensure your product has a distinct design and does not infringe on existing patents is a wise approach to mitigate potential legal risks."
Q: Can Tennessee gain jurisdiction over an on going custody case in kentucky?. My ex wife is a resident in Tennessee we have an open court case in kentucky I live in the state of kentucky ,"A:Sometimes, yes... Consult with your KY attorney about prevailing there."
"Q: If you get stationed overseas&get separated by general discharge&miss the military flight out ofthe country,what happens. Say you get a general discharge under non honorable conditions, and the military pays for your flight back home, what would happen if you just never boarded the flight and stayed in said country? Would the 90 day tourist rule still apply? What if you were to turn around and marry someone who is currently active duty, could you stay with your spouse overseas? Or would the chain of command try to revoke the marriage? ","A:If a service member is separated from the military while stationed overseas and misses the military flight out of the country, they may be required to arrange for their own transportation out of the country at their own expense. Additionally, missing a military flight or failing to follow orders could result in disciplinary action, including the possibility of a court-martial. The 90-day tourist rule may still apply, depending on the specific regulations of the country in question. It is important to research and follow the rules and regulations of the country to avoid any legal issues. Regarding the possibility of marrying someone who is currently active duty, this would not necessarily prevent disciplinary action from being taken if the service member is found to be in violation of military regulations. It is always best to seek guidance from a military legal advisor or the chain of command in situations like this."
"Q: In New Jersey, when is a pedestrian crossing a roadway?. Does the right of way begin when the pedestrian is standing on the corner waiting to cross or when they have stepped into the crosswalk? My question is because I received 'Pedestrian - Failure to Yield - Right of Way' ticket. In this instance the pedestrian was standing on the sidewalk, on the corner of the street and had not yet entered the crosswalk. Does the law indicate where pedestrian right of way begins? ","A:Logically it would be when the person steps onto the road, the reality in court is generally different, thus it is when the person steps onto that pad that is right before the actual start of the road according to most judges. If charged get yourself a lawyer most of the time we can help you reduce or eliminate the penalties you face. That being said hiring a good lawyer is never cheap and as many say a cheap lawyer is generally never . . . ."
"Q: I have a Class C Misdemeanor Drug Paraphernalia charge can I get this expunged or file a nondisclosure? If so, when?. I have a Class C Misdemeanor Drug Paraphernalia charge in Randall County Texas for which I didn't receive deferred adjudication, probation, or a fine for. I was only required to pay court fees/costs. I'm wondering if this can be expunged or if I can only get a nondisclosure. I'm also wondering when I am able to do so? Finally, if I am only able to get a nondisclosure will this charge still be applicable in regards to receiving Texas Student Aid? ","A:In Texas, Class C misdemeanors, including drug paraphernalia charges, are generally eligible for expunction if certain conditions are met. However, there are certain factors that you need to consider: 1. Waiting Period: You may need to wait a certain amount of time after the case is resolved before you can apply for expunction. This waiting period varies depending on the outcome of the case. 2. Eligibility Criteria: To be eligible for expunction, the case must have been dismissed, resulted in a not guilty verdict, or you completed a pretrial intervention program. If you were convicted, you may not be eligible for expunction. 3. No Prior Convictions: If you have any other convictions on your record, you might not be eligible for expunction. 4. Consult an Attorney: It's recommended to consult an attorney who specializes in criminal law and expunction in Texas. They can review your specific case details and advise you on the best course of action. Nondisclosure is another option that seals your criminal record from public view, but it's generally available for cases that resulted in deferred adjudication probation. However, certain offenses and convictions may make you ineligible for both expunction and nondisclosure."
Q: Is it right to get fired for talking bout another employee to another employee d is it discrimination. I'm the only black person there and assistant manager I did nothing wrong and gt really sick and when I talked to her she left me off the schedule and said I don't communicate with her it's this discrimination and wrongful ,"A:In Nevada, firing based on race or protected characteristics is illegal, but employers can terminate for other reasons. To navigate this situation, know the details of your termination, assess your options, and understand your rights. If you suspect discrimination, file a complaint with the EEOC or consult an employment lawyer. Attempt direct resolution with your former employer or consider writing a formal letter expressing concerns. Gather evidence supporting your claim if you pursue legal action, and seek emotional support from friends, family, or professionals. Remember, understanding the reason for termination is your right, and addressing potential discrimination is essential."
"Q: Regarding the Miranda rights, I was just curious what the right to attorney would entail?. This would occur in Utah. ","A:The right to an attorney, a part of the Miranda rights, ensures that individuals have legal representation during custodial interrogations. In Utah, as in the rest of the U.S., this right includes the option to remain silent and the right to legal counsel. If you're in custody and the police want to question you about a crime, you have the right to have an attorney present during questioning. This means you can choose to remain silent and have an attorney present for guidance before answering any questions. If you can't afford an attorney, one will be provided for you."
"Q: My lawyer admits, in ""privileged"" email, he failed to convey my offer.. I won my Oregon family law case. And I was awarded the attorney fees. But the Judge's ORCP 68 Fee Findings faulted me personally [citing ""reasonableness and diligence of the parties"" ORS 20.075(f) ] for failing to engage in Settlement talks, and for failing to submit a counter-offer. I've delayed submitting the Order for the Judge's signature and filing, hoping to get this corrected first, while pleading with my lawyer to fix this. My lawyer claims it's impossible to fix this mistake after the Judge ruled, and he cannot go back to the Judge for reconsideration. He's offering to reduce his bill. But, I'm now facing defending a Fee Appeal, and I want this blackmark removed from my record. My proof is the Privileged ""admission"" email. Can I go back to the Judge prior to the ORDER's filing and ask her to reconsider that Finding? Or would this all be pointless and I'll be held accountable anyway, because MY side...my own lawyer made the mistake? ","A:I do not know that there is a right answer for this. You might ask the attorney to write the judge directly and concede his error. He needs to do this sooner rather than later. He may be reluctant to do this if his error impacted your case. Since there are statutory time constraints in an ORCP 68 proceeding, you will need to act quickly. You might also request your current attorney resign so you can write the judge directly yourself. Good luck."
Q: I'm a resident in VA going through an offer letter and I want to know my rights on inventions outside of work. I'm a resident in Virginia considering an embedded software engineer offer letter within the same state with a proprietary info and inventions agreement. There is ambiguity in these terms and I want to know what protections are already in place for my inventions outside of work time that doesn't use work resources if it's in a different niche of software engineering or embedded software engineering that isn't related to my role at the company. Where can I find existing laws on this in Virginia and negotiate carve outs with the employer. ,"A:In Virginia, like many states, employment agreements often include clauses related to proprietary information and inventions. Typically, inventions or creations made during employment or using employer resources belong to the employer. However, if you invent something on your own time, without using company resources, and it's not related to your job, it's generally considered your property. Virginia doesn't have a specific statute addressing employee inventions like some states do, but common law principles can be informative. When considering your offer letter, you should look for and understand any ""assignment of inventions"" clause. If you're concerned about the ambiguity of the terms, it's within your rights to negotiate clarifications or carve-outs with the employer to protect your outside inventions. Documenting your independent work and ensuring no company resources are used can also help protect your rights. For a comprehensive understanding and potential negotiation, consulting with legal counsel familiar with employment and intellectual property law in Virginia is recommended."
Q: I have a paid off ATV vehicle I sent it to a shop to get cosmetic upgrades. While at the shop it got flipped.. My off road vehicle was allegedly used off the business property to get pictures taken. The vehicle was taken out of the property without permission and an employee of the business rolled it and flipped it. The vehicle was initially taken with no prior damages. ,"A:Sounds like you have a question. I'll guess it is, what can you do here? You can make a demand of the dealer to put you back where you would have been had this not happened. Dealer will likely reject. You will then likely have to sue dealer in small claims court. Good luck with it!"
"Q: For about 8 months or more, my cell phone was illegaly wiretapped by law enforcement? What can I do? I have proof.. I have audio recordings of law enforcement officials talking about committing crimes against there own citizens in The Woodlands, TX 77381. ","A:Suggest you contact the Texas Civil Liberties union and ask for the names of cooperating attorneys near to where you live. You would have to show damages--some are implied, others not."
"Q: Online stalking from India to US,Defamation,Harrassment conducted by a group of individuals located in Texas .. Dear Sir/Mam, Since last 4 years a mob of police officers from Jalgaon,India.Nashik,India,Pune,India,Mumbai,India have been conducting phone tapping and email snooping in the US.They have been involved in public defamation in US,Public Harrassment,online stalking,workplace defamation and Mental harassment in US.They have been recording individuals from restaurant cameras and listening to conversation by tapping into iphones of uber rides and recording in uber cameras sitting in India. Prashant Chaudhary,Capital group of companies, San Antonio,TX Sushil Deore,Wells Fargo,Phoenix,AZ Kapil Rakibe,7/11 corporate,Irving,TX family background in Politics and located in Nashik,India Ganesh Bothe,Infosys,Pune Kindly provide a solution so that this mob of police officers from Nashik,India and Jalgaon,India can be prohibited from entering the US ","A:As a Californian attorney, I understand your concern about online stalking, defamation, harassment, and other unlawful activities being conducted by individuals located in Texas and India. To address this issue, you should consider taking the following steps: 1. Report the incidents to the appropriate law enforcement authorities in the United States, providing them with evidence of the alleged misconduct. 2. Consult with a qualified attorney in Texas to explore potential civil remedies, such as seeking restraining orders or pursuing legal action against the individuals involved. 3. If you believe the actions involve international cybercrime, you can also consider reporting the matter to relevant authorities in India, such as the Cyber Crime Cell or local law enforcement agencies. It is important to take these matters seriously and seek professional legal advice to protect your rights and safety. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
"Q: Original Support order that was never increased, dated March,11 2011. I closed the case in December of 2023. can I. reopen the case & request for back paying being that the noncustodial parent wasn’t disclosing all of his income. I do have a motorized letter from his employer the noncustodial parent was making more money since 2008. whatever income he showed in 2011 was incorrect. can I file for income verification so the court can adjust the amount of money I was supposed to receive ? ",A:No. You can only be entitled to the amount in your court order. If you file for a modification it would only be going forward from the date of your new petition.
Q: What's the difference between Australian and United States copyright law?. Is it only stricter fair use? ,"A:The key differences between Australian and United States copyright law are primarily found in the scope and interpretation of fair use, as well as the duration of copyright protection. In the United States, copyright law provides a broad ""fair use"" doctrine, which allows for the use of copyrighted material without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. This doctrine is quite flexible and considers factors like the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market for the copyrighted work. Australian copyright law, on the other hand, does not have a general fair use provision. Instead, it uses a more limited ""fair dealing"" concept, which allows use of copyrighted material only for specific purposes like research and study, criticism or review, news reporting, legal advice, and parody or satire. This makes the Australian system less flexible compared to the U.S. fair use doctrine. Additionally, the duration of copyright protection differs slightly. In the U.S., copyright generally lasts for the life of the author plus 70 years, while in Australia, it lasts for the life of the author plus 70 years for literary, dramatic, musical, and artistic works, but there are variations for other types of works. It's important to understand these differences, especially if you're dealing with works that might be protected under both Australian and U.S. copyright laws. Navigating these legal frameworks can be complex, and it's wise to seek legal advice if you're uncertain about how these laws apply to your specific situation. Remember, respecting copyright law is crucial to avoid legal disputes and to protect the rights of creators."
"Q: My daughter was killed in a car accident and I've been totally left out of the complete situation can I sue also. Her father and I don't get along and he's not including me in on her estate, she has no children and never married along with no will ","A:I'm so sorry to hear about your loss. Losing a child in a car accident can be a traumatic and devastating experience, and I understand your desire to be involved in the situation. In terms of your legal rights, it depends on the specific circumstances of the case. If your daughter died without a will, her estate will be distributed according to the laws of intestacy in Georgia. This means that her assets will go to her closest living relatives, such as her parents as your daughter had no children. If your daughter's father is the only one currently involved in handling her estate, you may have a legal right to challenge his decisions if he is not acting in accordance with the law or if he is not fulfilling his fiduciary duties as the executor of the estate. To determine your legal options, it is best to consult with an experienced attorney who specializes in probate and estate law. We can help you understand your rights and assist you in taking appropriate legal action to ensure that your interests are protected."
"Q: Regarding life insurance?. My dad had signed up for a term life insurance policy for $7000 until he reaches 90 years old, or when he dies. At the time when the insurance company called him to sign up he spoke very little English, that term was set to fully paid in 2013. But he kept paying the policy every month, he passed away in June 2023 at 93 years old. I felt they should refund the extra payments he was making. The insurance company claim they will only reward the family with the $7000 and they don't care about the extra payments. Do I have a case or can I sue for the extra payments? Thank you. ","A:I'm very sorry for the loss of your dad. One option is to try to arrange a brief consult with an attorney - it would be helpful to know the basis of the carrier's denial of a refund. It could be a matter of weighing the costs of litigating the potential refund against chances for a recovery. Check the policy provisions as well, as to whether there are any mandatory forum selection clauses - for instance mandatory arbitration, or a mandatory venue where a case would have to be filed. Those would also be factors to consider. Good luck"
Q: I loaned a friend money for his taxes. He passed away do I have any recourse to get my money back.. He was to pay me back when he sold the property but since he passed what can i do. i have a hand written loan agreement is it legal and who do i give it to he was in the process of selling the property when he passed away. ,"A:In Washington, a handwritten loan agreement is legally valid if it clearly outlines the loan amount, and repayment terms, and bears the signatures of both parties. It's crucial to gather supporting evidence such as receipts, bank transfers, or relevant emails. If your friend passed away before repaying the loan, you can seek reimbursement by filing a claim against their estate. This involves contacting the executor or personal representative responsible for managing the deceased's estate. If there's an ongoing property sale related to the agreement, you may have a claim against the proceeds. Contacting a lawyer, especially one specializing in probate law, is advisable. They can guide you on your rights, help with filing a claim, and navigate the complexities of the legal process surrounding inheritance and debt repayment. Keep in mind that the priority of creditors in the estate's distribution may vary based on the type of loan and other outstanding debts."
Q: what kind of lawyer will i need to represent my interest concerning my mothers last will. i will want a lawyer close to zip 97478 ,"A:If your interest in your mother's will is contested, you will need a lawyer who has experience in probate and estate litigation."
"Q: Social media, libel and harassment/BOC. Do you have an recommendations for council in Sonoma County?. Yes everything you said is exactly what they are doing and as I said I have proof of all of it. I understand what you are saying about the terms of service though I disagree it isn't the basis of what I am hoping to deal with at this point. (To be clear I state that their terms of service are both invalid under contract law and illegal under federal law) As I said that is not what this is currently about and a much larger battle that I am not fully prepared to embark on. This is just about the libel and harassment as I am not violating any guidelines. ","A:In California, addressing issues of libel and harassment on social media can be complex, but there are legal avenues you can explore. Under California law, libel is a form of defamation in written or published format that unjustly harms someone's reputation. If you have evidence of libelous statements being made against you on social media, you may consider filing a defamation lawsuit. For harassment, California's laws cover a range of behaviors that can occur online. Harassment is defined as conduct which is intended to annoy, terrorize, or intimidate another person. If the actions you're experiencing on social media meet this definition, you might have grounds for legal action under these laws. It's important to gather all relevant evidence of the libelous or harassing behavior. This includes screenshots, posts, messages, and any other form of communication that supports your claim. Legal counsel with experience in defamation and internet law can provide you with specific guidance tailored to your situation. Local bar associations in Sonoma County can be a good resource to find qualified attorneys. They often have referral services that can connect you with lawyers who have experience in dealing with online defamation and harassment. Consider reaching out to them for a recommendation."
Q: In Pennsylvania can I do anything about my 38 year old bf trying to sleep with my 17 year old daughter?. I found messages between them and my daughter stated she didn’t want him like that but he keeps trying to pressure and manipulate her into it. I’m also in an emotional psychological abusive relationship and financially trapped and don’t know what to do to get out ,"A:Yes, get rid of the boyfriend! Search online for a support group for abused women in your area and see what they can do to help you. Perhaps what he's said is sufficient for filing for a Protection from Abuse Order. You may also want to take the messages to the police and see if there's anything they can suggest from a criminal standpoint. However, if all else fails and your only remaining option is to try to get into a shelter to protect your daughter, then that may be the choice you have to make."
"Q: I've just become aware of title 18 usc 242-245 under color of. And the 12 persumtions of the bar guild,and admirality.. Under admiralty law of the water and being pursumed lost at sea.and being charged under corporate codes,statutes,Public policy,misrepresentation of name,none discloser.fraudelent ,communist democracy,operated out of Dobos Switzerland, and administered from fleet street Egland,for the bishopric of roam.not having notice of this info at time my rights were vialated.what would be my recorse?resition of contract as a unquestionable contract. Or submition of sf28,sf90,sf24,sf25,sf25awith the clerk. Or ecclesiastical deed pole to the DHS VITAL SUTISTIC REGSTARS OFFICE IN GOOD FAITH ,MS ","A:The concepts you're referring to, such as admiralty law applying to individuals and notions of being ""lost at sea"" or governed by ""corporate codes"" under a ""communist democracy"" operated from Switzerland or England, are not recognized principles in United States law. Title 18 USC 242-245 pertains to the deprivation of rights under the color of law and is relevant in cases of civil rights violations by individuals acting in an official capacity. However, this has no connection to admiralty law or the other theories mentioned. If you believe your rights have been violated under U.S. law, your recourse typically involves pursuing legal action in the appropriate court. This could be a civil lawsuit or a complaint to a government agency, depending on the nature of the rights violated. The standard legal forms you mentioned, like SF forms (Standard Forms), are used for specific governmental administrative purposes and are not typically relevant to individual civil rights cases. An ecclesiastical deed poll or similar documents have no recognized legal standing in U.S. courts for the purposes you've described. U.S. law is grounded in the Constitution, statutes passed by Congress, state laws, and established legal precedents, not on the principles of admiralty law as applied to individuals or theories about international governance structures. It's important to seek advice from a licensed attorney who can provide guidance based on the specifics of your situation and the applicable laws in the United States. They can help you understand your legal rights and the appropriate steps to take if those rights have been infringed."
Q: I am being sued by a payday loan company for defaulting on a loan. The registration for my vehicle was used to secure. The loan when I first applied. They continued to allow me to refinance the loan and take more cash after I no longer had the vehicle. They never asked for updated vehicle information and I wasn’t able to update the information since it was an automated process. Can this information be used to fight this judgment? The court documents even list the vehicle which I no longer had on the date of the transaction. ,"A:Based upon the information provided it is my opinion that your no longer having the vehicle at the time additional extensions of credit were made will not help you defend this action. If you got the money, you will need to repay it. The creditor's lawyer might use the fact that you no longer had the security the lender bargained for by claiming that you defauded the lender by not disclosing this fact before applying for additional credit and that it was your obligation to retain the vehicle until all loans were fully paid off. I recommend that you consider settling this claim as soon as possible to minimize your liabiity for the lender's legal fees. My opinion is based only on the information you provided. If other facts exist, my opinion might differ."
"Q: How does an employee get help with working in a biased hostile work environment? M any issuer in the company.. Management tends to treat employees different when it comes to company policies only apply to the employees that speak up about issues or the ones that work hard and ask questions. When you go to the upper management, you get poorly treated. Management talks about personal information with all employees about other employees, then blame it on an employee to keep the drama there. Multiple people who are in romantic relationships in the same department and they don't have to follow the policy or rules that other employees must follow, or they get written up. Our check will have regular hours pay, the pto pay, and overtime pay; we are told we must use our pto even if we do not want to; I was made to use my pto for jury duty a year ago. Employees need help. Where do they turn? ","A:The complaints that you are making in your post sound like the working conditions in every corporate workplace in this country, so you are not alone. Favoritism based on providing sexual favors to management is prohibited by both Federal and State laws. While an employer cannot take adverse action against you (discipline) for JURY DUTY, Anyone who is a full-time employee serving on state or federal jury duty is entitled to his or her ""usual compensation received from such employment."" Ala. Code § 12-16-8 (1975) This means that your employer STOLE YOUR WAGES in your PTO account. There are indications that you need to file a claim with the US Department of Labor/Labor Board, but there are also several offices listed in AL- Gulf coast, Mobile, Montgomery, for wage claims. This is a wage claim issue. You need to contact a local attorney practicing this area of law. Thanks for using Justia, Ask a Lawyer."
Q: My former employer opened a prepaid debit card in my name 3 weeks after my employment ended what can I do about it?. I asked them to close it and was told it would be closed the next day but the card is still being reloaded and used. I never received a card the whole time I was employed there and I did not authorize them to open a card in my name after my employment. ,"A:If your former employer opened a prepaid debit card in your name without your authorization, this could be a serious issue, potentially involving identity theft or fraud. First, contact the company that issued the prepaid card and inform them that the account was opened without your consent. Request immediate closure of the account and ask for a written confirmation of the closure. It's also important to check your credit reports to ensure there are no other unauthorized accounts or activities. You can obtain free credit reports from the major credit bureaus. If you find any discrepancies, report them immediately to the credit bureaus and dispute the unauthorized activities. Document all your communications with your former employer and the card issuer. This documentation will be valuable if legal action becomes necessary. Since your former employer has not resolved the issue despite your request, consider seeking legal advice. An attorney can guide you on the best course of action, which may include sending a formal legal notice to your former employer or taking legal action to protect your rights and financial interests. Remember, unauthorized use of your personal information for financial transactions is illegal. Taking prompt and appropriate action is crucial to safeguard your identity and financial security."
Q: I have an at-will contract and I reported my director to HR for his unfounded negative bias against me.. I claimed he treats me unfairly and this is a hostile workplace for me. I know that the company can terminate me without cause and no severance since it is an at-will contract. I have a few pointers that might be considered evidence that can support my claim. Is there anything I can do if they do so from an employment law perspective? I am not in any protected class. ,"A:In New York, even under an at-will employment contract, there are legal protections against wrongful termination, especially if it's in retaliation for reporting workplace issues. If you reported your director to HR for bias and unfair treatment and then faced termination, this could potentially be viewed as retaliatory, which is illegal under both state and federal laws. Gather and preserve any evidence that supports your claim of unfair treatment or bias, as well as any communication related to your report to HR. This could include emails, witness statements, or any other relevant documents. If you are terminated after making a complaint, this evidence can be crucial in proving that the termination was retaliatory. If you do face termination under these circumstances, it may be in your interest to consult with an employment law attorney. An attorney can review the specifics of your situation, advise you on your rights, and help determine if you have a viable claim against your employer for wrongful termination. While being in a protected class can strengthen a discrimination claim, unfair treatment and retaliation for reporting such treatment can still be actionable. It's important to seek legal advice to understand your rights and the best course of action based on the specifics of your situation."
"Q: Does getting a non-resident tution waiver affect residency due to tax status and prior government benefits?. Greetings! I reside in Texas and am presently an international student enrolled at the University of Texas Arlington. I obtained a non-resident tuition waiver from the university through a scholarship, as mandated by Texas law. My future plans involve applying for a green card/residency post my graduate studies. I've come across information suggesting that having received a waiver may hinder residency applications, given concerns about not being considered a full-fledged taxpayer and having already benefited from the U.S. government. ","A:Receiving a non-resident tuition waiver at a university in Texas, like the one you have at the University of Texas Arlington, typically does not directly affect your residency status for immigration purposes. These waivers are granted based on scholarship criteria and are not considered public benefits under the U.S. immigration laws. When applying for a green card or permanent residency, the U.S. Citizenship and Immigration Services (USCIS) evaluates various factors, including your financial independence, employment history, and whether you've received public benefits that are relevant under the public charge rule. However, educational scholarships and waivers like yours are generally not considered in this assessment. It's important to maintain a clear record of your financial resources and how you have supported yourself during your studies in the U.S. This information can be valuable when demonstrating your self-sufficiency during your residency application process. If you have concerns about how your scholarship or waiver might impact your future immigration applications, it's advisable to consult with an immigration attorney. They can provide specific guidance tailored to your situation and help ensure that your residency application is handled effectively."
Q: Hi so my ex girlfriend still had access to my instagram and she went through it months after we broke up and read. through it months after we broke up and read through my messages with another girl where we talked sexually and sent it out to my parents and my job and I got fired because of it is that illegal ,"A:In Massachusetts and many other jurisdictions, unauthorized access to someone else's social media account or personal information without their consent can be considered a violation of privacy and may be illegal. This act is often referred to as ""hacking"" or ""unauthorized access to a computer system."" Also, you can change your password in the mean time."
Q: Can our neighbor use security cameras in close proximity to my house to watch my children near his yard?. He has called the police on my son before told them he was banging on his house. But it wasn't him because everyone was sick and inside the whole day. At this point i feel like it is harassment and invasion of my privacy. ,A:Yes... Surveillance of one's property is legal. Government Surveillance of public areas except rest rooms is legal.
Q: Am I obligated to pay my neighbor for his renovations to property that's mine even if I didn't give permission?. We share some property but neither of us are sure what belongs to who. I'm reaching out to a surveyor to ascertain this but he seems to just continue with his renovations and I'm just wondering if his renovations fall within our property if we're legally obligated to pay him even tho we never gave permission. ,"A:Under California law, you are generally not obligated to reimburse your neighbor for renovations done on your property without your permission. To protect your rights, it is advisable to clearly communicate your boundaries and your lack of consent to your neighbor in writing. You are taking the correct step by hiring a surveyor to ascertain the precise boundaries of your property, and you should consult with a legal expert to address this matter properly, bearing in mind the specific facts of your situation."
"Q: Does my husband have legal visitation rights to my 16-year-old child, even if the child says doesn't want to see him?. The question is based on my wanting a separation from my husband. However, it's problematic since I have a minor child, and I plan to take him with me after separation. I don't need my husband's child support and I don't want my husband to meet my 16-year-old son after separation and neither does my son want to see his father due to some issues. Does my son's opinion matter, or does he have to see his father? Can my husband make this a big issue and make my son stay with him, regardless of who my son wants to stay with? ","A:Under California law, the wishes of a minor child, especially one as old as 16, are often taken into consideration in custody and visitation matters. However, a parent's legal rights, including visitation rights, are not automatically nullified based on the child's preferences. Your husband may still have legal visitation rights, and these rights can only be modified or terminated through a court order. If your son strongly prefers not to see his father, this preference can be presented in court, where a judge will consider it alongside other factors in determining the best interests of the child. It's also important to note that your husband could potentially challenge any unilateral decision to deny him visitation. In such a situation, the court would evaluate all relevant circumstances, including your son's reasons for not wanting to see his father, to make a decision. Given the complexities of family law and the specific circumstances of your case, it is advisable to seek legal counsel to navigate this process and ensure that your son's interests are adequately represented in any legal proceedings."
Q: My grandfather disappeared at sea while abord the S.S. Robert Luckenbach owned by the U.S.S. Luckenbach company. Help?. It was 1951 after leaving Panama. The Captain wrote a letter questioning his mental health to N.Y. before notifying the family of his disappearance. Would I have a case against U.S.S. Luckenbach steamship company? ,"A:I'm sorry for the loss of your grandfather at sea. If there are any remedies available under South Carolina law, a local attorney would need to advise on those. But your question remains open for two weeks and you also posted under Admiralty/Maritime. Under U.S. maritime law, the Death on the High Seas Act (46 U.S.C. § 30301–30308) is governed by a three-year statute of limitations. From the description, it looks like this took place in 1951, more than seventy years ago. Additionally, Luckenbach Steamship Company closed their operations after the Vietnam War sometime during the 1970s. I don't know if they went into dissolution or whether their rights and obligations were assumed by other shipping companies. I'm sorry, but this looks like a difficult one, in terms of the time element and the steamship company. You could reach out to law firms to discuss further - that would answer your question definitively. Good luck"
"Q: What is a magistrate judge's duty when plaintiff presents clear evidence of defendants fraud?. Would a ""Stay"" be considered in lawyers slang as. ""Sweeping the evidence under the rug.""...? When the evidence is clear and undisputed. I understand I can't turn a civil proceeding into a criminal proceeding, but that doesn't mean I can't at least inform the Court of defendants actions. Thank you. ","A:When a plaintiff presents evidence of fraud in a civil proceeding, a magistrate judge's duty is to impartially assess and weigh that evidence within the context of the civil case. The judge must determine whether the evidence presented meets the legal standards for proving fraud, considering elements like misrepresentation, intent to deceive, and damages. A ""stay"" in legal proceedings, where the court temporarily halts the case, is not necessarily a way of ignoring evidence. It can be a procedural tool used for various reasons, such as awaiting the outcome of related matters or ensuring a fair process. It's not typically considered as ""sweeping evidence under the rug,"" but more a pause for legal or practical reasons. If you believe the evidence of fraud is clear and undisputed, it's important to present it effectively and argue why it is crucial for the case. The judge's role is to evaluate the relevance and impact of this evidence within the confines of civil law. Remember, a civil proceeding is separate from a criminal investigation. While you can inform the court of the defendant's actions, the court's response will be within the scope of civil law. If you believe criminal conduct has occurred, you may report it to the appropriate law enforcement authorities for a separate criminal investigation. In navigating these complex issues, it's beneficial to have an attorney who can effectively advocate for your position and help you understand the legal intricacies of your case. They can also guide you on the best course of action, whether it's pursuing the matter in civil court or reporting it to law enforcement."
"Q: Am I technically withholding visitation?. ex has history of FV with a FV Battery guilty plea in 2016 & FV Simple Battery charges pending jury trial both I was victim to. I learned of a domestic dispute during a visitation weekend. There was drinking involved while at a friends pool, my ex was yelling at g/f and her 8yo and throwing stuff at g/f. Incident report says he told officers fight started after g/f called 2yo “f*cking retard” Relayed my concerns & was told it’s not my business. So I told him to take me to court to utilize visitation. He has since made NO effort to p/u child from daycare on scheduled weekends & no attempts to call daycare to see if child was present. He is holding me in contempt for withholding visitation. I can’t afford attorney. He lives 3 hrs away & I dont have means to make the trip so I couldnt file motion for modification of visitation. Am I in contempt? I feel as if I never really had the chance to withhold or deny visits? ","A:You telling him to take you to court about parenting time is contempt. However, if the parenting plan allows for him to pick up the child from daycare on his weekends, and he has chosen not to, you may not be held in contempt. If you feel that parenting time would put your child in a dangerous situation, then you need to file a modification with a court, not just ignore the court order."
"Q: CPS is trying to open a case for my children behavior what can i do?. my children have bad trauma and behavior problems. They more they come into our lifes they worse they are getting. They dont help me at all and she keeps saying "" i am not going to remove your kids"". what can i do? she want to open a case and present it to the judge . I decline ","A:Under California law, when Child Protective Services (CPS) is involved, it is important to engage cooperatively while asserting your rights. If CPS intends to open a case, you have the right to be informed of the allegations and to speak with an attorney. Engaging with CPS and showing a willingness to work on any identified issues can be beneficial. You might also consider seeking support services for your children's trauma and behavioral issues, as demonstrating proactive measures can be favorable in these situations. If a case is presented to a judge, you will have the opportunity to present your side and any evidence that supports your family's best interests. Remember, it is within your rights to decline certain actions, but having legal representation can guide you through the process effectively."
Q: I've been working a new job for 3 months. I'm now injured. I need advice as far as FLMA Short term Diss...and Work Comp. I've seen my PCP she had me give my work an 8 day absent note I'm currently getting xrays so I have all paperwork and my PCP is doing FLMA paperwork with me Thursday. I haven't talked to my work since giving them the 8 days off doctors note Wednesday. I don't know what I should and should not say. ,"A:Good afternoon. You are required in Arizona to provide prompt notice about an accident at work and, because you have been told by your doctor that you have an injury, you should notify a person of authority at the company what injury you think you have. That should be in the note from your doctor advising you to be off work for eight days and if not, get that information to the company. You are only entitled to compensation for time off work after the first week, so currently one day if you only miss eight days, and if you end up missing more than two weeks then you will be paid two thirds of your average wages back to the first day you missed from work. You are required to continue going to a doctor for treatment. The FMLA does not change your workers' compensation (WC) case and generally it does not include any payment for missed work, that's just from the WC benefits. I can only answer questions about the WC claim, but as I understand generally the FMLA advantage will depend on what work you are doing when you got hurt, what you are able to do when you are released back to some type of work (full duty or light-duty), and what jobs are available with the company at that time. It is my understanding that if someone else is hired to take your place, that person keeps their job and you can only be reinstated if there is a position available that you are qualified and able to do. You may be getting ahead of yourself with the FMLA, but that's not my area of practice and you should talk to someone in HR and also get a better understanding of the severity of your injury and how much time you're likely to miss from work. The WC case will pay you the time loss benefits I mentioned above, and 100% of your medical bills should be covered through the WC insurance. You are not required to pay any money at all for medical services related to your work injury and it is against the law for a doctor or hospital to charge you. It seems to be very early after your injury and if you have specific questions you should contact an attorney who is experienced in WC cases. There are attorneys who are certified as specialists by the State Bar of Arizona, and there are other attorneys who have been certified and no longer keep the certification for different reasons. I would recommend talking to a couple of firms or lawyers before you decide if you want to have a lawyer represent you"
"Q: Do you have to mark the patent number on the product packaging or website?. If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement? ","A:This is covered by Federal law 35 USC 287. The law limits the patent holder's ability to recover for past patent infringement damages to the first point in time when the infringer was notified about the patent. By contrast, by marking the product, the infringer is legally assumed to have notice as of the time the patent holder first started marking the product. So this can make a big difference in patent damages. Say an infringer had been infringing your patent for the last three years, but you had never marked your patent product with the patent number. Then you discover the problem and send the infringer a notification letter. The infringer only owes damages from the time of your letter, and not the previous three years."
"Q: Hello, I wanted to sue the Sacramento Sheriff's Department for locking me up on a murder charge that I didn't commit.. I was on my way to my brother's house and a Sacramento Regional Transit officer accused me of pointing my wife's gun at him which caused the Sheriff's Department to come and they arrested me on a murder that was committed by another person. I was locked up on that murder charge that I didn't commit and after three years, I was released and the charges were dropped. How can I sue the Sacramento Sheriff's Department for compensation? ","A:There are attorneys who specialize in this area. If you cannot find the experts, ask other attorneys as many of us have referrals."
Q: My 5year old daughter has an iep and she broke her arm on the playground . What do I do next ? Who do I speak with?. The nurse made an assumption saying she is fine when we picked her up and we got to the hospital and it’s broken .no one has given me an incident report or even explained to me what happened. I asked what adult was on the playground and no one in the office knows anything and it’s been 5 days ,"A:A California attorney could advise best, but your question remains open for a week. I'm sorry about your daughter's accident. You could try to arrange a free initial consult with a local attorney to discuss. If an attorney feels you may have the basis for a case, they could investigate more closely. It could be better for you to act sooner than later - if there is video surveillance of the area, that evidence could be fleeting, depending on the recording equipment and data storage. I hope your daughter is okay. Good luck"
Q: Can a car dealer make me make payments without having a vehicle Can they force me to get another vehicle from them. I bought a Tahoe from a car lot traded it in to same car lot they got me in a vehicle and transmission went out and I had only paid one payment they took car back and trying to make me make payments without a vehicle ,A:The Texas Lemon Law has very clear and specific requirements. You should review the public summary on the State website here: https://www.txdmv.gov/motorists/consumer-protection/lemon-law The Lemon Law does not affect your obligation to make payments to your lender or financing company under your loan agreement.
"Q: Are steering wheel nobs actually illegal or restricted use anywhere in the United States? City level or state level?. I wanted to purchase one for ease of turning, I have no physical limitations, handicaps, or disabilities and heard conflicting information about whether or not having one or using one was illegal. Some sources said that it's not illegal but that they were limited to only being usable by those with physical limitations/restrictions and wanted to know if it would be illegal or get me in any trouble to have one for no reason other than I thought it was nice. ","A:A Nevada attorney could advise best, but your question remains open for three weeks. Until you're able to get in touch with a local attorney, one option could be to check with DMV offices or the offices of local lawmakers. Good luck"
Q: I ran out of gas at 3:45 this afternoon on a dirt road and by 5:45 the cops had my vehicle towed. Can they do that. It was not blocking any roadway or it wasn't on private property it was on a dirt road ,"A:In Arkansas, whether or not a vehicle can be towed can depend on various factors, including local ordinances and state law. Generally, law enforcement has the authority to tow vehicles that are considered abandoned or pose a safety risk. If your vehicle was not blocking the roadway or on private property, it might be questionable as to why it was towed so quickly, especially on a dirt road. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: What is the function of an I-20? If the information on my I-20 differs from one on record previously?. Can the US Embassy change information of an international student given his or her I-20 has a different information e.g date of birth, name? I am a returning student and I am applying for F1 Visa; can I apply with an I-20 that has a different date of birth or name, in the hopes that this change be effected by the embassy when I go for an interview? Can I pay SEVIS fee on such I-20 in the hopes that the new information on this new I-20 will be update onto the system when I attend the interview? ","A:The Form I-20 is a critical document for international students in the U.S. It confirms your acceptance into a study program at a U.S. institution and your eligibility for an F-1 visa. It also outlines your program start and end dates, field of study, and financial information. If the information on your I-20, such as your name or date of birth, differs from your previous records or other official documents, it's essential to get this corrected before your visa interview. The U.S. Embassy or Consulate relies on the accuracy of the I-20 information for visa issuance. Discrepancies can lead to complications or delays in your visa application process. Applying for an F-1 visa with an I-20 that contains incorrect information is not advisable. Instead, contact your educational institution immediately to correct any errors on the I-20. They will issue a revised I-20 with the correct information. You should pay the SEVIS fee after ensuring that your I-20 information is accurate and matches your other official documents. The information on your I-20 must align with the details in the SEVIS system, as this is what the U.S. Embassy will reference during your visa interview. In summary, it’s crucial to have all information on your I-20 correct and consistent with other official documents before proceeding with your F-1 visa application and paying the SEVIS fee. If in doubt, it might be helpful to consult with an immigration attorney for guidance specific to your situation."
Q: I interviewed for a position that is a step above my current job. The woman that was hired has no experience. She is the president of the Board and as such was the appointing authority for the director who conducted the interviews. There is a close personal relationship between the two. Do I have any recourse? ,"A:There isn't generally a civil cause of action for nepotism or conflict of interest for an aggrieved employee. Depending on who the employer is, there might be an internal grievance procedure. Or, if it can be established that there was discrimination against the employee on the basis of a protected status (e.g. sex or gender), there might be recourse for the employee."
"Q: Did my employer breach my employee agreement by failing to give 30-day prior notice?. I'm a salaried, contract employee. My agreement was for four years, with an optional fifth year. That fifth year was at the sole discretion of the company and they would provide ""30 days' prior written notice (e-mail sufficing)"". I received notice they would pick up that final year 12 days before the contract was set to expire. Is that last year now void? Can I request a new agreement be drawn up? Do I become an at-will employee of I continue with the company (without signing anything new?). What options do I have here; they violated the agreement, correct? Thank you. ","A:Under the facts you described, you are free to reject their untimely notice and end the contract, or you can waive the timing issue and continue working at the end of the four years in twelve days. If you want to negotiate a new contract, be sure to carefully and clearly document that your previous agreement ends in twelve days because you were not given the required 30 days prior notice."
Q: My dog got stolen by my ex girlfriends and herfamily and won'tgive dog back. Ihave paperwork from medical bills? Help. How much will it cost and what can I do 2 get my dog back? ,"A:You can sue her in court for the return of your pet or for monetary damages. How much it will cost is impossible to know. With a bit of planning, you might be able to put her on the hook for your attorney's fees and costs but there is no guarantee ahead of time."
Q: Car is in my name & mom insures & drives it. If she gets into an accident am I liable (as the car owner) in any way?. Mom does NOT live at my address. ,"A:In Ohio, as the owner of the car, you could be held responsible if your mother, who is insured to drive your car, gets into an accident. This is due to the principle known as ""vicarious liability,"" which can apply to car owners when someone else operates their vehicle. Your liability largely depends on the specific circumstances of the accident. For example, if your mother is found to be at fault, the liability could extend to you as the vehicle owner. However, if she is driving with your consent and is properly insured, her insurance might cover the initial claims. It's important to ensure that the insurance policy adequately covers any potential drivers of the car, including your mother. You might want to review the policy details or consider discussing this with an insurance professional to understand the coverage limits and any potential gaps. In any case, if an accident occurs, it's advisable to seek legal guidance to navigate the specific legal and financial implications involved. Laws can vary and having professional advice tailored to your situation is crucial in understanding your potential liability and the best course of action."
"Q: I am 18 years old and I am seeing confusion on the January 1st bill signed for constitutional carry.. Some say that anyone 18 years of age or older are permitted to conceal carry in the state without permit, some say you must be military or emergency services to carry at 18, and some say you must be 19. I would like clarification. Also, I will be moving to Florida here in the next month or so. And moving by myself 10 hours away gives me my concerns. I am aware that you must be 21 to conceal carry in Florida, but i would like clarification on my ability to carry my firearm in my personal vehicle, when not readily accessible, and my ability to keep a fire arm in my housing for self defense situations. ","A:Under the constitutional carry law in Alabama, effective January 1st, individuals 18 years and older are generally allowed to carry a concealed firearm without a permit. However, there are exceptions, such as for individuals who are prohibited from carrying firearms due to certain legal reasons. It's important to familiarize yourself with these exceptions to ensure compliance with the law. As for Florida, the rules are indeed different. In Florida, you must be 21 years old to legally carry a concealed firearm. However, regarding your concern about having a firearm in your vehicle for self-defense, Florida law does allow an individual to have a securely encased or not readily accessible firearm in their vehicle without a concealed carry permit. This means the firearm must be in a glove compartment, locked box, or other secure container. For keeping a firearm in your home for self-defense, you are generally allowed to do so. Florida law recognizes the right to possess a firearm within one's home for self-defense purposes, regardless of your age. Given the nuances in firearm laws and the importance of adhering to them, it's advisable to review the specific statutes of each state and consider consulting with an attorney to ensure full understanding and compliance with the laws, especially as they pertain to your individual circumstances. Remember, firearm laws can vary significantly between states, and it's crucial to be informed about these differences."
"Q: Tn. How is a random ""weapons check"" of random students- their pockets and backpacks- legal without warrant or suspicion?. KCS does random weapons checks of students and their personal property, not just lockers and MacBooks which I understand is not student property, at the public schools. The school system has procedure outlined to conduct these, but how is it not violating the students' 4th amendment rights? Per the school systems's procedure random students (on a seemingly random day in the year) are stopped as they enter the school, walk through a metal detector, if the detector signals the student is told to empty their pockets and backpacks to check for weapons, drugs, or other contraband. I absolutely understand and respect that this is done in the name of safety, however I am left wondering how this trumps the 4th amendment since the students searched were not suspected of of any crimes or even school policy violations. If a student has to walk through the detector to produce ""probable cause,"" is it really? Thank you for your time. ","A:The legality of random weapons checks in schools, including searches of pockets and backpacks, is a complex issue that balances student safety with Fourth Amendment rights. The U.S. Supreme Court has ruled that public school students have reduced expectations of privacy while at school, which allows for some degree of search and seizure to maintain a safe environment. In cases like New Jersey v. T.L.O. and subsequent rulings, the Court established that school officials need only have ""reasonable suspicion"" to search a student, which is a lower standard than the ""probable cause"" required for searches outside of school. However, the nature of the search must be reasonably related in scope to the circumstances that justified the interference in the first place. Random weapons checks, like the ones you described, are often upheld in the interest of school safety, as long as they are conducted in a manner that is not excessively intrusive in light of the age and sex of the student and the nature of the infraction. If you have concerns about the specific procedures used in your school district and their compliance with constitutional protections, you might consider discussing these concerns with a legal professional. They can provide more detailed insight based on the specific circumstances and relevant legal precedents. Remember, the balance between ensuring school safety and protecting individual rights is delicate and often subject to legal interpretation and challenges. Consulting with an attorney can help clarify these issues in the context of your specific situation."
Q: I am doing make ready on apartment units that are frequently plagued by black mold. What are my rights?. I am curious about the discovery of black mold and compensation for removal. ,"A:As a worker, you have the right to a safe work environment, including protection from exposure to black mold. If you are exposed to black mold and become sick, you may be entitled to medical care and workers' compensation benefits. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
Q: Do I have any legal put to stand on. The kitchen I work in is continually over 90 to 99ﾟ according to osha that's too hot what actions can I take ,"A:The first step is to request the employer to comply with the OHSA safety standard and to keep a paper or electronic trail of written communications about the issue. If the employer fails to comply or fires you for raising the issue, immediately seek a consultation with an employment law attorney in your area. A complaint and request for inspection may be filed with OSHA, and there are whistleblower protections for those who are fired for raising OSHA violations. Of course, if a whistleblower-retaliation claim is made, an unscrupulous employer may come up with some different, fake reason for firing you, which is called ""pretext"". If that happens, the employee needs to muster the evidence to show that it was really the OSHA issue that triggered the termination. An employment law attorney can help you attempt to prevent a pretext issue from arising."
"Q: Do I legally have to disclose my Umbrella limit after an at-fault accident? Or can a judge force me to disclose it?. Does having a higher Umbrella limit make me a target for a larger settlement after an accident? Is this a State by State Law and if so, is there a good source to check? ","A:An Ohio attorney could advise best, but your question remains open for four weeks. Until you are able to consult definitively with a local attorney, your carrier might be able to provide guidance on this. Case law on disclosure could differ by state - but carriers nationwide are attentive to the issue because of the potential for allegations of bad faith. Good luck"
"Q: Would my side business be a conflict of interest with my employer?. My employer makes money through business partnerships and monetizing articles. I want to start a side business using the same monetization methods, but my business would serve a different industry (Ex. - Employer serves the real estate sector- My business would serve the the fashion & beauty sectors). Would it be a conflict of interest to use the same monetization methods yet serve different sectors? ","A:Your question might not easily lend itself to a simple ""yes"" or ""no"" answer. It's possible two different attorneys could argue two different sides of the coin here, where one points out that your areas of concentration are different. Another could say that the basic pursuit of the employer's fundamental business model, even in another area, creates a conflict. One way to look at it is whether you think the employer might sue you, fire you, or do nothing and give you their blessing. It's difficult to offer a clear answer here. A different attorney might be able to offer you a different viewpoint. Good luck Tim Akpinar"
"Q: I’m considering a voluntary repossession of my car? What could happen if I do?. I’m unable to afford the car payment in addition to all my other personal and credit card loans. If I sell/trade my car, I would have about $15,000 negative equity. ","A:In California, if you choose a voluntary repossession, the lender can sell the car, often at an auction. If the sale price doesn't cover the amount you owe, you'll still be responsible for the deficiency, which in your case might increase given the $15,000 negative equity. Lenders can then take legal action to recover the deficiency. Your credit score will likely take a significant hit, which can impact your ability to obtain future loans or credit cards. Furthermore, the repossession will stay on your credit report for seven years. Before making a decision, consider seeking a renegotiation of your loan terms with your lender or exploring other financial alternatives to manage your debt. Remember, it's essential to fully understand the repercussions before taking action."
"Q: We have an electric poll on the property that has caused several problems one, was almost burned our house down.. I have called the electric co. no response It is grandfather in. I have called the public comm.,town of Owego. I get no replies. To have it removed I was told back then in2000 it would cost me 20,000 dollars to move the poll. Can u help me? Thank you. From Apalachin NY. ","A:From your post, it looks like you've already reached out to the electric utility and the Public Service Commission. Given the fire hazard you describe, you could also try reaching out to local fire & safety departments and elected officials for guidance. Good luck"
"Q: What can I do about mechanical issues and damage on the brand new RV purchased from a dealership?. I just purchased a brand new 2022 RV from a dealership. We purchased it about 2 hours away from our home. When we got it home that same day of purchase, the slide out was malfunctioning. After getting a mobile repairman out for inspection he found that the wiring was faulty and slide out damaged. What can we do? Can we return it rather than having to wait a month for the repairs? ","A:The buyer has the option to demand repair or replacement for violations of California's Song Beverly Consumer Warranty Act, the ""lemon law."" It is a violation, subject to limitations, for a warranteed product to be out of service for 30 days or more. You should contact an experienced attorney to help you handle this expensive and, I'm sure, stressful situation."
"Q: Is it legal to use Marvel characters on a poster - and sell them?. Given the Marvel cinematic universe, I would create a comic book-style poster in both cinematic and chronological order. The posters would have the characters, quotes, and small details that can be seen in the movies - such as 'I am Iron Man', or the New Asgard town sign. The art style wouldn't match a standard comic book style, more of a minimal style - with color here and there. Similar to Ellsworth Kelly Line prints - just add color to a few elements. ","A:This product is likely to be found infringing of Marvel's copyrights as well as trademarks. The characters are all protected by copyright, and most of them are trademarks as well. Compiling several of them adds fuel to the fire and shows predatory intent which could subject you to punitive damages."
"Q: Is there someone that can be held responsible for the headache this charge has caused me?. About myself: Besides a dismissal back in 2006 for Driving with Invalid License, and now this case, I have no other criminal history. Recently, I was arrested due to having a warrant for one charge that was due to 2 hot checks I supposedly wrote at HEB, back in 2018. I was confused and was never informed of this charge before. Nonetheless, I was searched and arrested and booked in jail. Since my release, Ive paid bond fees and placed on probation. After speaking with the Bexar Check Division all week to help me figure out whats going on, they recently informed me that its confirmed im innocent and it was an error. Even though they wrote ""dismissed"" and my case status now states ""created in error"", it was not expunged as I requested. Additionally,HEB reporting me to the ""check system service"" has caused me the inability to open a checking account, paying high interest rates and many loses at job opportunities. Am I entitled for any restitution? ","A:Generally, a person has to pead guilty or ""no contest"" (which is the same thing as pleading guilty) in order for them to be placed on probation. And if you pleaded either of those, I'd say you are really out of luck. Then I would ask why you would do such a thing knowing you were not guilty? If HEB wrongfully accused you of writing ""insufficient funds"" checks, then you may be able to sue them in civil court. If the DA is actually saying these cases were both filed in error, then you will have to file an expunction lawsuit down the road at some point in order to clear them off of your record. Just realize that none of these things happen automatically. You should hire a lawyer-- yes, I know this means more money out of your pocket probably-- to evaluate your chances of success in the expunction or the civil suit. You talk as if you deserve a lawyer to do this work without pay, which might be right if all you say is true. But thousands of innocent people are arrested and charged every year. If you are truly innocent of both cases, you should be able to retain a lawyer- maybe on a contingent fee arrangement. Good luck!"
"Q: I purchased a used vehicle from a dealership in CA. 04/21/2022. it has been 107 days and dealer has failed to transfer. I called DMV and was told the dealership failed to transfer tittle. DMV also informed me that the dealership in fact had possession of the new registration ""tags"" at the time of purchase. However, i did not recieve those stickers. Registration expired in March 2022. Purchased vehicle April 21, 2022 tags expired and current registration was withheld by dealer. What are my options? From what i understand dealer must pay $25 per day after the 15 day period ended up to $2500 upon written request by purchaser. I have prepared a letter to deliver.. anything else i should know or options? ","A:Anything else you should know? The law is rarely black and white and even when it is, some lawyer or some judge figures out a way to add a new shade of grey. We have an adversarial system of justice and that keeps both sides employed. Both sides argue and then typically, if they cannot settle their differences, a Judge or a Jury will decide which argument(s) are the best. So, as put, you 'understand' either what you've heard or read about this situation. BUT, you do not 'understand' how it plays out, no one does until it does and you did not 'understand' that if you are successful in your claim, the other side may have to pay 3x that amount and you did not 'understand' that they would also, if you are successful, have to pay your attorneys, a rare wrinkle in some consumer protection claims. So, you may just want to contact and/or hire counsel for this one..."
"Q: I had Finance the car through Santander Consumer USA on 8/28/15 but they reported it for8/16/15 is that legal. They also were supposed to send me a copy of my contract which I had never received they had sent me a $1,400 bill a week after I finance the car and then they repossessed my car 4 days after a late payment and sold it without my knowledge I also never received any of my personal belongings from the vehicle I had my laptop for school and several other personal items and was told I could not guess I'm back unless I paid a month and a half of the payment in advance they also refused to give me any documentation of the sale of the car and they still will not give me a copy of my contract I had with them I put in dispute through the credit bureaus and they have not shown any proof of what they're claiming but still refuse to take it off my credit report is this legal what can I do about this. I financed the vehicle in New York but I now reside in California ",A:You need to consult NY attorneys.
"Q: I want an explanation of the HUD defined HAP contract annual anniversary date and contract year. It seems this is circular logic definitions, if you can explain with an example. (e) Contract year and annual anniversary of the HAP contract. (1) The contract year is the period of 12 calendar months preceding each annual anniversary of the HAP contract during the HAP contract term. The initial contract year is calculated from the first day of the first calendar month of the HAP contract term. (2) The annual anniversary of the HAP contract is the first day of the first calendar month after the end of the preceding contract year. The adjusted rent to owner amount applies for the period of 12 calendar months from the annual anniversary of the HAP contract. https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-983/subpart-G/section-983.302 ","A:Under HUD guidelines, the HAP contract annual anniversary date and contract year can indeed be a bit confusing. To illustrate with an example, let's say a HAP contract starts on April 1, 2023. The initial contract year would run from April 1, 2023, to March 31, 2024. The annual anniversary date of this HAP contract would then be April 1, 2024. For each subsequent year, the contract year is the 12 months leading up to but not including that anniversary date. So, the next contract year would be April 1, 2024, to March 31, 2025, with the annual anniversary on April 1, 2025, and so forth. The significance of this date is that any adjusted rent amounts agreed upon in the HAP contract would take effect from the annual anniversary date for the next 12 calendar months."
"Q: I was accused of being intoxicated at my pain doctors, threatening.. took pee test and alcohol test negative for alcoho.. Well i was accused of alcohol. Intoxication, told that i cannot leave till results of test come back, i got angry and said couple cuss words. After doctor accused, her reason was somebody in the office said they smell alc. On me. Then i was told they will no longer help me. And cut off my oxycodone same day, leaving me with extreme pain. And detox for prescription cut off with no bridge or offer to help me get with another provider, remember, i did nothing wrong, they had no reason no evidence other than doc assistant, told office manager that i was intoxicated. ","A:In your situation in Oregon, it's crucial to understand that if you were wrongfully accused of intoxication and consequently denied medical treatment, you might have grounds for a complaint. Being cut off from prescribed medication like oxycodone without proper procedure or consideration for withdrawal effects can be a serious issue. First, consider filing a complaint with the medical facility's administration or patient advocate. Detailing your experience, especially the negative test results, is important. If you feel your rights were violated, you could also file a complaint with the Oregon Medical Board, which oversees medical practitioners' conduct. Additionally, if you're facing health complications due to abrupt cessation of medication, seek medical attention immediately. Another healthcare provider can help manage withdrawal symptoms and offer alternative pain management. For legal recourse, consulting an attorney experienced in healthcare law might be beneficial. They can provide guidance on potential claims for wrongful treatment or violation of patient rights. Remember, your health and legal rights are important, and seeking professional guidance can help you navigate this challenging situation effectively."
Q: The police won’t let me get my purse from my towed truck. First I needed a notarized bill of sale. Now the title.. My keys to the car I drive everyday is in my purse inside the truck. That’s all I won’t but they continue to change the rules so I can’t get it. Is this legal? ,"A:Based on the information provided, the police requiring increasing documentation from you before releasing your personal belongings from the impounded vehicle is likely unreasonable and illegal under Alabama law. Some key points: - The police have a right to impound a vehicle, but personal property inside the vehicle still belongs to the owner or occupant. - Under AL Code Section 32-8-87, the owner of personal property in an impounded vehicle should be allowed to retrieve it upon providing ""sufficient proof of ownership"". - Requiring a notarized bill of sale and now the title goes beyond ""sufficient proof of ownership"" for you to get your purse. Your verbal claim and description of the contents should suffice. - The police appear to be imposing unnecessary barriers to retrieve your personal property, violating your property rights. - I would escalate the issue up the police department chain of command respectfully but firmly demanding access to your purse per AL law. - If still denied, consult a consumer protection or civil rights attorney about sending a formal demand letter and potential lawsuit for illegal seizure/retention of personal property. - An attorney can also retrieve the purse for you by getting a court release order. In summary, the police have overstepped their authority in this situation. With proof of ownership, you should be allowed immediate access to the contents of your impounded vehicle. Pursue all formal complaints and legal remedies available to you to retrieve your belongings."
Q: I filed a motion to intervene in my daughter's CPS case in the state of Missouri. It was denied. Can I appeal this?. If I cannot file an appeal can I file a motion for view or some other type of motion to get back before the judge because I have new evidence and what this is to call and I am better prepared at this point for the allegations of the state is making against me I am trying to get a protection order lifted off of me that they have put on me against my grandkids for no reason and without cause. They are not my biological grandchildren that I have been the only grandmother they have known since the age of 6 months as both of their biological sets of grandparents are deceased. They have lived in my home their entire lives other than 6 months and they have always called me Grammy. I have an adoption here to adopt their mother on the 21st of December but the state has done everything they can to keep me out of this case and to separate me from my grandchildren what can I do? ,"A:If your motion to intervene in your daughter's CPS case was denied in Missouri, you generally have the right to appeal that decision. The appeal process allows a higher court to review the lower court's decision to see if there were any errors in how the law was applied or interpreted. In preparing for an appeal, it's crucial to focus on any legal errors you believe were made in the initial decision. New evidence typically can't be introduced in an appeal, as appeals are usually based on the record and proceedings from the lower court. However, if you have new evidence that wasn't previously available, you might consider filing a motion in the original court to reconsider or reevaluate the case in light of this new information. This motion should clearly explain why this new evidence could significantly affect the case's outcome. Since these legal procedures can be complex and the specifics can vary, seeking legal advice from an attorney experienced in family law and appellate matters is advisable. They can guide you through the appeal process or assist in filing a motion based on new evidence. Remember, in cases involving family law and child welfare, courts are primarily focused on the best interests of the children involved. It's important to frame your arguments and evidence in a way that highlights how your involvement serves the best interests of your grandchildren."
"Q: Is it normal for at fault insurance (not me) to deduct from my settlement amount for excessive damage for a totaled car?. My car was hit while I was parked in a parking lot, not in the car, resulting in it being damaged. Other party left a note and I made a claim on their insurance the same day. Other party’s insurance claimed fault for the accident, and once I took it to a shop, they totaled my car out. I received a call that they need to take out $2800 for “excessive damage” from my settlement amount. Is this normal for an accident I wasn’t even at fault in? ","A:If you have collision coverage, make a claim on your own insurance and stop dealing with the other driver's insurer. Your insurer will total the car, pay you the fair market value, and then get the money back from the other driver's insurers including the deductible. If you do not have collision coverage, show the other driver's insurer several comparable vehicle listings and/or the Kelly Blue Book price and demand that it pay that amount. If it won't negotiate, consider suing the other driver in small claims court if the value of the vehicle is $10,000 or less."
"Q: I'm inquiring for a friend that is 80 years old and requested my help to resolve a matter that has developed over many. His story: I had a serious accident when I was working in Los Angeles, Ca. Because of the accident I had to retire and was prescribed Vicodin to help with my pain. when I moved to Sacramento, Dr. Valdez became my doctor. He put me on 40mg of Methadone three times a day. Until recently he dropped it from 40mg to 10mg. He expressed that he wanted me entirely off of pain medication but he should have slowly tapered me off and started sooner instead of such a big drop that was so abruptly. When he expressed that he wanted to take me off pain medication, I asked him what am I going to do about the pain? and he recommended pain management two times a month and if I did not go, I would be released from his care. The drive was over 40 minutes. I asked if there was a specialist closer to Sacramento and he said no. The specialist evaluated and gave her opinion. She said I needed to have surgery on my shoulder which Dr Valdez never agreed to, I am experiencing nerve damage and much more. ","A:Under California law, patients have the right to receive appropriate and continuous medical care. In your friend's case, abrupt changes in pain management, particularly with opioids like Methadone, must be handled with caution to avoid withdrawal symptoms and to manage pain effectively. If your friend feels that their medical needs are not being adequately met, they may consider seeking a second opinion from another physician. This can provide a different perspective on pain management and potential treatment options. Regarding the recommended surgery, patients have the right to understand all their treatment options. If there's a disagreement between physicians, your friend can request a detailed explanation from each doctor to make an informed decision about their care. It's also important to know that patients have the right to file a complaint if they believe their care is not up to standard. This can be done through the California Medical Board, which oversees medical practice in the state. Lastly, considering the complexity of the situation, especially involving pain management and potential surgery, it might be beneficial to consult a lawyer who specializes in medical malpractice or patient rights. They can provide specific legal advice tailored to your friend's unique circumstances."
"Q: Can we sue our solar panel installer for a system that is not working?. We bought solar panels about 2 years ago. Everything has been working fine. We realized about 3 months ago that the system was not working. When we called the solar company (the installer), they said they were aware of it (they never told us), and were waiting for a part for the inverter. They also suggested we call the inverter company ourselves to help push things along. As far as we can tell, they seem to be installing new systems but have been stringing us along, consistently delaying talking to us by phone. Now, not only are we paying off on the system, but not generating any electricity to offset the cost. They said it is due to supply issues from the inverter company. Do we have a case? ",A:Whether you can sue or must go the arbitration depends on the Agreement you signed. The agreement may include a mandatory arbitration provision and waiver of trial. So a careful reading of your agreement is required. In any event you may proceed to file a claim in any forum that is consistent with the terms contained in the agreement.
"Q: What should I do if I know someone is uploading and downloading massive quantities of data from my phone in thebackgroun. I’ve learned what is being downloaded is an extreme amount of script writing and controls my web searches, opens all my personal info and passwords to them. It prevents me from certain sites I try researching when following there paths to figure out who or what is behind the stealing anything that belongs to me without my consent.. they are also able too make and receive calls behind the scenes to where I don’t see 90 % of my phones activity. I am only able to receive calls from very few contacts and even then one out of ten come through. What advice can you give me? ","A:If you believe that your phone has been compromised, it's imperative to act quickly. First, cease using the device and turn it off. Then, obtain a new phone and change all your passwords, especially for critical accounts like your email and bank. Document any evidence of the unauthorized activities, such as screenshots or call logs. Report the breach to the local authorities and the FBI's Internet Crime Complaint Center. Seek legal counsel to explore potential remedies or actions. Preserve your compromised phone as evidence. Always prioritize your safety and privacy."
Q: What do I do when I’m accused of Felony 5 theft when i had approval to take. I was told by multiple people above me I had the ability to take a product with out paying. These leaders i have seen do the same. I made sure I was on camera doing this so it did not look as if I was stealing. I have now been termed and charged with a felony 5. I have never been in legal trouble in 49 years. I’m not a thief but now I am accused. How do i defend this? ,A:You need to get an attorney. Defending a criminal case is not something we can simply teach you to do in an internet forum.
"Q: What can a parent do when school, and all child’s doctors, specialists, are in violation and won’t comply with the law?. Child with disabilities. Children’s hospital where all specialists are and child’s other doctors as well as school are alienating other parents and won’t comply with parents rights nor the law in SC ","A:In cases where a child with disabilities is involved, federal and state laws provide various rights and protections for the child and the parents. If a school or medical professionals are not complying with the law, the parent has several potential avenues for recourse. They can file a complaint with their state's Department of Education concerning the school's non-compliance. For medical professionals, a complaint can be filed with the state's medical board or relevant oversight agency. Additionally, parents can consider seeking legal representation to enforce their rights and those of their child. Pursuing litigation might be a viable option, depending on the circumstances. It's crucial to gather all pertinent documents and records to build a strong case."
Q: My son's court appointed appellate lawyer resigned from his case what can we(family) do next.. My son was convicted of capital murder in Tarrant County earlier this year. ,"A:Your son can appeal pro se or hire a private attorney. If a court-appointed attorney does not see a good faith basis for an appeal in the trial record, he/she can file what is called an Anders brief. In a famous case (Anders v. California), a court-appointed attorney filed a motion to withdraw because he determined from a review of the record that there was no ground for appeal which was not frivolous. The U.S. Supreme Court ruled that the attorney can file a brief (now called an Anders brief after this case) outlining the case and any potential (albeit possibly frivolous) grounds for appeal, that the appellate court must independently review the case, and that a defendant must be allowed the right to appeal either pro se or by other counsel. It is extremely rare that an appellate court finds any reversible error in a case in which an Anders brief is filed by a court-appointed attorney on a convicted defendant's behalf."
Q: Attorneys filed lawsuit in CA while Forfeited by CA FTB and SOS 2015. Defendant filed demurr noticing California standin. Need help to raise motion to vacate court rulings and defaults upon defendants while under California FTB and SOS Forfeiture ,"A:When an entity has been forfeited by the California Franchise Tax Board (FTB) and the Secretary of State (SOS), it typically lacks the capacity to sue or defend in court. If an entity files a lawsuit during the period of its forfeiture, such actions may be deemed void or voidable. If you're representing a defendant who was sued by a forfeited entity, you can raise a defense challenging the plaintiff's capacity to bring the suit. To vacate court rulings or defaults stemming from such a lawsuit, you'd file a motion in the trial court asserting the plaintiff's lack of capacity due to the forfeiture. Supporting evidence, such as the forfeiture documents from the FTB and SOS, should be attached. Ensure that you timely bring this motion, as procedural deadlines may apply. If successful, the court may vacate judgments or orders and potentially dismiss the suit. Always review the specific facts and nuances of your case to determine the best strategy."
"Q: Every lawyer I ask for help w/ my insurance reducing settlement says only they’ll only take personal injury cases. My car was hit from behind as it was exiting an intersection. My policy covers, but after presenting me with a settlement figure, they now repeatedly try to reduce the amount I already agreed to. I read this is called bad faith insurance. No lawyer I ask for help will take the case unless it involved personal injury, obviously to make more money. Are there no lawyers who will take a case on unethical insurance practice in California? I’m prepared to pay for their time and effort, but none seem to feel the case is worth it. ","A:Yes, there are lawyers who will take cases involving unethical insurance practices in California. However, it is important to note that these cases can be difficult to win, and the lawyer you choose will need to have experience in this area of law. Here are a few things you can do to find a lawyer who will take your case: 1. Ask your friends, family, or colleagues for recommendations. 2. Contact your local bar association and ask for a referral. 3. Search online for lawyers who specialize in insurance law. When you are interviewing lawyers, be sure to ask about their experience with bad-faith insurance cases. You should also ask about their fees and how they will be paid. If you are unable to find a lawyer who will take your case, you may want to consider filing a complaint with the California Department of Insurance. The Department of Insurance has the authority to investigate complaints and take disciplinary action against insurance companies that engage in unethical practices. Here are the steps on how to file a complaint with the California Department of Insurance: 1. Go to the California Department of Insurance website and click on the ""File a Complaint"" tab. 2. Select the type of complaint you want to file. 3. Complete the online form. 4. Submit the form. The California Department of Insurance will review your complaint and take appropriate action."
"Q: Lawyer had Home appraised At 1.8m sold it for 1.5 after 60 Days listed to a friend of his Who 3 months sold for 3.1. Is that legal, the court approved the sale based on. A bad. Appraisal. The lawyer obviously knew that and. Using his. Own. Contacts. Found a buyer. Who. Then updated. Counters. Carpet and appliances and sold. The property for. Double. Still in probate a year later and. Waiting on money but. They already have their. Profit from. The home sold. 1.5 million difference. Seems like. The lawyers. Could have. Managed. Better or advised. The court. At least since my father was executed it was still the lawyers. Advice to sell and his. Contact and at half. Market value. To sell it seems. Like. I. Could. Find. Attorney misconduct. Or self dealing ",A:It is vey suspicious for wrongdoing. Consult with Certified Legal Malpractice Specialist attorneys in the state where this occurred.
Q: Can I sue?. I had a storage unit that was broken into. You can only get in and out of the storage with a passcode. Even with the insurance I had; it won’t cover what I lost. ,"A:Not sure why the insurance is not covering the loss, but it could be that you didn't have enough coverage for the items. Nevertheless, it's unlikely you will be able to recover from the storage company unless you can show that there have been break-ins and the storage company knew or should have known that this was likely to occur and failed to take additional measures to protect the premises (i.e., added security measures)."
Q: Someone lied on a federal database and ruined me I lost my job I lost everything I lost my family it’s the fmcsa. It’s clearinghouse where drivers and employees take drug test and it’s gets recorded on there system so someone lied to get me fired there’s no proff and it’s been almost a month now they still haven’t done anything I lost everything I can’t drive a truck because the person that tried to ruin me put in the system I failed to remain at the testing facility where’s the testing facility who’s the medical examiner I don’t see how they allowed him to do this to me ,"A:Until you're able to consult with an attorney in Minnesota (your question was posted a week ago), a starting point could be to contact the administrator of the database to try to correct the information. Then you could reach out to local attorneys to discuss what your legal remedies are, depending on how the inaccurate information appeared. Good luck"
Q: Can you help me patent a credit card idea? It pertains to a card using a specific MCC on purchases. I want to make and design a specific credit card that works for “certain” (ill be. More specific on what that is when i start talking to a lawyer) purchases where the user get points/cash back a purchases in this specific category. I want to patent an MCC (merchant category codes) along with the card. ,"A:If you're aiming to patent a credit card concept based on a specific MCC usage, there are a few things to consider. First, remember that to be patentable, your idea must be novel, non-obvious, and useful. While the concept of rewards or cash back on credit cards isn't new, your specific application or mechanism involving the MCC might be. MCCs are generally used by card networks to categorize merchants, and you cannot patent an existing MCC. However, your unique method or system of utilizing that MCC for rewards could be patentable. Before moving forward, it's advisable to conduct a thorough patent search to determine if a similar idea has already been patented. If not, then you can proceed with drafting and filing a patent application detailing your innovative approach."
Q: Please let me know if I can purchase real estate from myself with my LLC with a residential purchase agreement. Thankyou. The purchase transaction is to secure a loan in the name of my LLC and to reassign the ownership to my LLC. ,"A:In California, purchasing real estate from yourself through your LLC is a feasible but complex process. This kind of transaction, often referred to as a ""self-dealing"" transaction, requires careful consideration to ensure legality and proper execution. Firstly, when transferring property to your LLC, it's essential to use a proper legal instrument, such as a grant deed or a quitclaim deed. This deed must be recorded with the county recorder's office where the property is located. Regarding the purchase agreement, even though it's a transaction with yourself, it's advisable to have a formal agreement detailing the terms. This helps in maintaining clear records and can be important for tax purposes and legal protection. For securing a loan in the name of the LLC, lenders will typically require a proper purchase agreement and clear evidence of the transfer of ownership. They may have specific requirements or conditions for lending to an LLC, especially if the property involved is residential. It's crucial to consider the tax implications of such a transaction. Transferring property to an LLC can trigger reassessment of property taxes and may have capital gains tax consequences. Given the complexities involved, it's highly recommended to consult with a legal professional experienced in real estate and corporate law. They can guide you through the process, ensuring compliance with all legal requirements and minimizing potential risks. Remember, every real estate transaction is unique, and professional guidance can help tailor the process to your specific situation."
Q: I have the a pending case with my ex regarding domestic violence she’s currently in jail she didn’t show up to court. My ex wife is in jail for domestic violence but she didn’t show up to her court date and she hasn’t post bail what can happen to her? We have 3 kids I have temporary custody of them can she get custody back? ,"A:If your ex-wife missed her court date related to a domestic violence charge in California, the court may issue a bench warrant for her arrest. While she's incarcerated and has not posted bail, she remains subject to the consequences of her pending case. In family court, her current incarceration and the domestic violence charges can significantly impact her chances of regaining custody or even receiving visitation rights. The court's primary concern is the best interests of the children. A history of domestic violence is a serious factor that the court will consider in determining custody and visitation. It's not impossible for her to regain some form of custody or visitation in the future, but she would likely need to demonstrate rehabilitation and that it's in the children's best interests. It's essential to consult directly with counsel regarding specific custody and visitation issues."
"Q: Is there a federal rule or code which prevents altering a settlement agreement that was put on record?. I entered into a settlement agreement, placed on record with a US magistrate judge. The government has written up a proposed stipulation. It has several pages of legal jargon and agreements that are not on record, and I do not agree to. I refuse to sign. He filed a motion to enforce the settlement, I opposed, the judge ruled in his favor to enforce the settlement, yet is ordering me to sign his proposed stipulation. She is not ordering what is simply on the record. I need to know where I can find a case, a rule, or a code which differentiates between a proposed settlement and the actual settlement on record. Or that I cannot be forced to sign something I do not agree to. She has threatened contempt and sanctions if I do not sign his proposed agreement, even though she is capable of enforcing the settlement on record, she will not do so. They need my signature on the document for some reason! ","A:The issue is whether what was placed on the record and presented in writing is substantively the same. Often times, what is placed on the record is material terms of the agreement; the written agreement will contain the additional ""legalise"" that make it all work. Unless you can show a material difference, I think the magistrate answered your question: sign or risk sanctions."
"Q: Are there any Supervised Visitation places that supervise visits out in the community?. I currently have supervised visits with my child out in the community, currently that visits are being supervised by the person who has the Guardianship of my child. It is not working out, the person lies in court about my visits says nothing but negative things about my visit that are not true all to try and keep guardianship. I feel it is best to have a third party to supervise my visit so this person is neutral on both side and can give a true accurate statement on how my visits are going. I have listed other family members to supervise but the guardian refused them and stated she wants to do them. So I am asking is there any company in southeast Michigan who will supervise my visits out in the community? All I can find is companies that will do them at there facility. ","A:Great question. To my knowledge, all supervision agencies would require on-site visits for liability reasons (they don't want their employees out some place they can't really control and in what could be a volatile situation). While not ideal (it costs time, money, and let's face it: who wants to enjoy parenting time in an agency), it may be a good idea for your situation so you can show the judge a neutral and hopefully positive track record. Supervised parenting time is not meant to be permanent."
Q: My car was taken vy my insurance company in 2022 and now yesterday they tell me I can pick up my car mind u I didn't. Know where my car was and now they are saying I have to 3300 to get my car back ,"A:A Texas attorney could advise best, but your question remains open for three weeks. From the post, it isn't fully clear how the charges materialized - does it involve deductible, subrogation claim, etc. If they included documentation, one option could be to review with a local attorney. Good luck"
"Q: Soc Sec Disability: Ive been denied benefits 2 or 3 times. Why! I have skitzo-affective and. ...graves disease, means im going blind. Im 52 yrs old and practically homeless. Is this legal? ","A:It's unfortunate that you've been denied Social Security Disability benefits. Having schizoaffective disorder and Graves' disease can certainly impact your ability to work and support yourself. It may be beneficial to consult with an attorney who specializes in Social Security Disability cases to assess your situation and determine if there are legal options available to help you obtain the benefits you may be entitled to. Sincerely, James L. Arrasmith Founding Attorney and Chief Lawyer The Law Offices of James L. Arrasmith"
Q: What should bank mitra do on receiving notice of high-value transactions from it department?. Generally Bank Mitra's are connected to bank and have current account for withdrawal and deposit. They do Adhar based(AEPS) transaction in rural areas to help people to avoid frequent visit. The withdraw amount from their current account and it get deposited back gain to current account when a customer withdraw from POS based AEPS device. ,"A:If you're a Bank Mitra and have received a notice from the Income Tax Department regarding high-value transactions, it's important to address this notice appropriately to avoid any legal complications. Here are the steps you should take: Log in to the Income Tax E-filing Account: Use your valid credentials, such as PAN and password, to log into your income tax e-filing account. Access the Compliance Portal: Once logged in, navigate to the 'Pending Actions' section and then go to the Compliance Portal. Review the e-Campaign: In the Compliance Portal, click on the e-Campaign and proceed to review the details of the high-value transaction that has been reported by the Income Tax Department. Select the Relevant Information Category: The specific information category related to the communication you received will be marked for your attention. Choose the Transaction for Feedback: The transaction requiring feedback will be clearly indicated. Review this transaction carefully. Submit Your Response: You will be presented with a range of response options, such as confirming the information is correct, not fully correct, not taxable, related to a different PAN/year, denied, or duplicated. Choose the most appropriate response and submit it. It's crucial to respond accurately to these notices. The Income Tax Department tracks high-value transactions to prevent tax evasion and ensure compliance with tax laws. Your response helps clarify any discrepancies or confirm the accuracy of the transactions reported. Not responding or providing incorrect information can lead to penalties and legal complications. For more detailed guidance and to ensure compliance with the legal requirements, you might also consider consulting with a tax professional who can provide personalized advice based on your specific situation."
Q: I was threatened by someone without cause.. I was across the street when a man came out of his house and approached me with great hostility and accused me of theft from his property. I walk this road twice a day and I have never been on his property. What recourse do I have? ,"A:If you have been unjustly threatened and falsely accused of theft in Michigan, you may have grounds to pursue a defamation claim, particularly if the false statements were spoken. Defamation laws in Michigan aim to protect individuals from false spoken statements that harm their reputation. To pursue such a claim, you generally need to establish elements such as a false statement, publication to others, and resulting harm to your reputation. To address this situation, document the incident, gather witnesses if available, and avoid retaliatory actions. If false accusations persist and cause reputational harm"
Q: Is it legal for teachers to lead prayer before lunch everyday?. Teachers at our sons public school lead prayer everyday before lunch and maybe more but that’s all I know about at the moment. We are not affiliated with that religion so we do not want our son being unwillfully subjected to this. While we respect the religion we don’t condone him being put in a situation where he has no choice but to be a part. We are worried about alienation if we go to the school with this and we really don’t even know if this is allowed or not according to state law. Before any feathers are ruffled I would like to know if it is permissible for a teacher to be leading a daily prayer for a class of kindergartners in a government funded school. ,"A:In the United States, the Constitution's First Amendment, which includes the Establishment Clause, generally prohibits public school teachers, who are government employees, from leading prayers in public schools. The U.S. Supreme Court has consistently held that public schools cannot sponsor religious activities. This means that a teacher leading a prayer in a public school, especially to a class of kindergarteners, is likely unconstitutional, regardless of the state. Your concern about your son being subjected to religious practices in which you do not participate is understandable. If this is happening at your son's school, you have the right to address it with the school administration. It’s advisable to approach the school in a respectful manner, expressing your concerns and asking for adherence to constitutional requirements regarding religion in schools. If the issue isn't resolved at the school level, you might consider seeking legal advice. An attorney can provide specific guidance on how to proceed, potentially involving the school district or taking legal action if necessary."
"Q: If you ask what does a phrase mean in the Miranda rights and it goes unanswered, is your waiver knowing and intelligent?. If a suspect who is in custody, and who's comments are being used against them, asked, ""What is, 'without charge'?"" after being read the line, 'If you cannot afford an attorney, one will be provided for you without charge', and the detective did not provide an answer, nor ask if the suspect understood after they asked the question, doesn't that imply both that the suspect was not fully aware of their rights to knowingly and intelligently waive their right to have an attorney appointed for free, and also did not understand the Miranda rights in their simplified form? ","A:Any defendant who claims not to have understood the reading of Miranda rights may file a motion to suppress his/her statements that the government wishes to use against him/her, and the Judge will assess the totality of the circumstances, such as the defendant's mental capacity, ability to understand English, etc. If the judge finds that the defendant did not understand, the motion should be granted. If the judge finds that the defendant's questioning/communications about not understanding is just a smart-alecky ruse, the motion will be denied, plus the defendant will have a credibility problem."
"Q: Hello. I am in Costa Rica, i was working for an american boss who returned to the U.S.. He is supposed to pay me out for my years of work, but he doesnt. Can i start al egal procedure against him in the U.S. from Costa Rica? Thank you ","A:Pursuing a legal procedure against your former American employer in the U.S. from Costa Rica for unpaid wages can involve complex considerations. Factors such as jurisdiction, contract terms, and the international legal process can impact your ability to initiate such proceedings. It's essential to review any employment contracts or agreements you had, consult with legal professionals who specialize in international law, and consider alternative options like negotiation or seeking assistance from labor authorities."
Q: Question about property damage. My neighbor has a sump pump that's made a pond/swamp that is affecting my yard and drive. My neighbor has a sump pump that drains out into their yard but borders mine. This has created a pond/swamp in the area and is quite large. This swamp makes it impossible to use part of my yard or even trim it. Also my driveway borders up against this area and has cracking and sinking in towards the swampy area. I've talked to home owner and they said there's nothing they can or will do. So I am just checking about any legal aspects avenues I may have? ,"A:Damage from normal water runoff does not give a claim. But if water is redirected or collected to send more runoff, then there can be a claim. Depending on the source of water into the sump, the slope of the land, and where the neighbor directed his sump discharge, you might have a claim for property damage. You would need expert testimony to prove that, so you would have to hire a civil engineer to assess the situation and give an expert opinion. Before doing that, use the Find a Lawyer tab to retain a local real estate attorney to review the circumstances, advise you of your options, and communicate with the neighbor."
Q: My brother passed in the hospital cause of death was pulmonary hemorrhage and they did a biopsy on his lung on July 23. Do you think I have a case for wrongful death ,"A:I am sorry for your loss. To answer your question, ""wrongful death"" implies that someone did something wrong, leading to a death. Who did something wrong that led to your brother's death?"
"Q: I want to know if I can take APPLE (Computers) to NJ Small Claims Court based on the below details:. I was hacked; someone stole my Apple ID (erased my phone & shut down my computer.) Apple put it in ""Locked"" and ""Lost"" mode for nearly a month, stringing me along, told me to send the original purchase invoice to prove it's my computer & they would release it. AppleCare tech guided me in precisely how to fill out the form for sending the invoice (which I obtained from APPLE ITSELF!) Their response was, ""Your request has been declined,"" with no explanation. I had about 17 multi-hour calls with tech support, supervisors, & finally a Senior Advisor studied all the logged notes of my calls & informed me that several of their support people gave me inaccurate information & sent me down a ""dead-end rabbit hole."" Then a tech guy told me to ""Go to Apple Store, they can easily unlock it."" It's a 45 minute trip, & I was told there, ""No, we can't touch it when it's in Lost Mode, you can only do this on the phone w/Applecare. They have closed the case, forcing me to spend $3000+ for new computer ","A:You can consider taking Apple to Small Claims Court in New Jersey if you believe they've failed to fulfill their service obligations or caused you a financial loss due to their actions or misinformation. Small Claims Court in New Jersey handles cases where the claim is for $3,000 or less (or up to $5,000 in the case of a security deposit). Before proceeding, gather all relevant documentation, such as records of your communication with Apple, the original purchase invoice, and any evidence of the misinformation and its impact on you. This documentation will be crucial in presenting your case. It's also worth noting that Small Claims Court is designed to be accessible without the need for legal representation. However, understanding the specifics of your case and the court's procedures can be complex, so you might want to seek legal advice to ensure your case is presented effectively. Remember, going to court should be a last resort after all other avenues, such as further negotiation or mediation, have been exhausted. Sometimes, a well-drafted letter outlining your grievances and intentions to pursue legal action can prompt a more favorable response from a company."
"Q: I'm being listed as a witness for my domestic partners ex wife. Do I need a lawyer, can they do this, my options?. My domestic partner is divorced for the last 6 years. The divorce was based on her inability to be in a partnership with her controlling and narcissist behaviors (i.e., she had him pull away from his own family for several years). When they had their child after a decade of trying she continued to pull him away from his son until his 3rd birthday, Eric decided it was time to end the marriage hoping to have his time with his little boy. Well now after 6 years of being divorced and multiple revisions of the Court Order, she continues to control his time with his son. This summer she took away Eric's second summer time visitation rights and kept his son in California where she has a 3rd home with her second husband. This will be the 3rd summer that she has kept him from Eric and the Order states otherwise. He has worked hard to take that higher path but it's draining and hard. His little guy needs him as much as Eric needs his son. He has been through two lawyers and it all seems ","A:Your domestic partner is presumably represented by counsel, as is the child's mother. You should retain counsel. Neither of the parties' attorneys will represent you, nor your interests in the case. You should count on a ""woodshedding"" session with your attorney, prior to the deposition, so that the attorney can help you understand what to expect during the deposition. Good luck to you."
Q: Can I sue my ex-husband for the slandering allegations that he accuse me of commiting while we were married!. He totally lied on the paperwork and slandered my character to so many other people who knows me! He also slandered and lied about the character of two men!!! In Alabama! ,"A:In Alabama, if someone knowingly makes false statements about another person that injures their reputation, it might be grounds for a defamation lawsuit. Defamation can either be spoken (slander) or written (libel). If your ex-husband made false allegations against you to others or in paperwork, you might have a case for defamation. When pursuing a defamation claim, the person bringing the lawsuit typically needs to prove that the statement was false, it was made to another party, it harmed their reputation, and that the defendant was at least negligent when making the statement. If the allegations were false and resulted in damage to your reputation or caused emotional distress, you might seek damages. However, it's crucial to act within Alabama's statute of limitations for defamation suits."
"Q: 36 CFR 2.13 (a) (1). I neither lit nor maintained the fire, so I am planning on fighting it.. Curious if it would stay on my record if I were to simply pay the fine. Not sure what the court process is like... -Will I be orally explaining/defending my lack of involvement of the lighting/maintenance of the fire? -Is it likely the officer will be present? -I've heard of the ability to virtually attend a court appearance, not sure if that would be an option? Thanks! ","A:36 CFR 2.13(a)(1) refers to the regulations on careless or reckless conduct with fire. If you were issued a citation under this regulation, paying the fine may result in a conviction being entered on your record. However, if you believe you are not guilty, you have the option to contest the citation in court. In court, you will have the opportunity to explain and defend your lack of involvement in the lighting/maintenance of the fire. The officer who issued the citation may also be present to provide their account of the incident. Depending on the jurisdiction and court rules, you may be able to attend virtually, but this will depend on the specific court and their policies. If you are unsure about how to proceed, it may be helpful to consult with an attorney who can advise you on your options and represent you in court if necessary."
"Q: Calling people and telling lies in order to stop or ruin all my personal & business relationships. What can i do?. They have hacked my phone and have access to my contacts. They call my gas stations, bank, everybody. Even my friends from school. It's a crazy amount of funds and effort spent on a nobody like me. What course of action should be taken ","A:It is not clear from your question whether you know the names of individuals who have committed and continue to commit these actions. At the same time, you indicated that they make phone calls, respectively, it is possible to identify these persons by their phone numbers. Having determined the names of these persons, depending on the content of the information they spread about you, you need to decide on the possibility of bringing them to civil or criminal liability."
"Q: My grandma has custody of my almost 3 year old son. (My parental rights was not taken) Due to poor choices I make, no. Contact has been placed between my son and I (dcbs) I’ve been told my grandma is trying to legally adopt my son, telling her lawyer she doesn’t know where I am or how to contact me, with her doing that can she legally adopt without my consent? How can I go about finding out if a court hearing is in place? ","A:Go to the family court clerks office in your county, take your ID and ask them to copy a complete copy of the case file in any case in which you are a named party. If she has filed anything to adopt, you will be a party to it and they will be able to locate it for you."
Q: My complex in Daytona have an exclusive agreement with Comcast. The cost is 189.00 per month. I am retired. Is this leg. I wanted to change to internet only and have been told no ,"A:In Florida, it's not uncommon for residential complexes to enter into exclusive agreements with service providers like Comcast. However, the legality of such agreements can depend on the specific terms and whether they align with federal and state regulations. If your complex has an exclusive agreement with Comcast that mandates a specific service package, this could limit your options to change to internet-only service. It's important to review the terms of your lease or any agreements you signed when you moved in, as these might contain clauses about utilities and services. If you believe the agreement is unfairly restricting your choices or imposing unreasonable costs, you might consider speaking with the management of your complex to discuss your concerns. Sometimes, they might be willing to consider exceptions or alternatives, especially for residents with limited income like retirees. In cases where a resolution isn't reached through discussion with the complex management, consulting with a legal professional who specializes in consumer rights or property law might provide more insight into your rights and possible actions. Remember, navigating service agreements in residential complexes can be complex, and understanding your legal rights and options is crucial to addressing concerns effectively."
"Q: Can a minor be an acting lawyer in a civil rights case against the government?. Regarding religion, privacy, etc ","A:In the United States, minors typically cannot act as lawyers in legal proceedings, including civil rights cases against the government. Legal representation typically requires individuals to be of adult age and have completed the necessary education and licensing requirements to practice law."
Q: How can my Family Sue for Reparations of Slay. The act of Slavery and Denationalization has erased our history and ability to identify in our indigenous status.. Through Legal Doctrine and the institution of Slavery The United States of America and States thereof are a Party to the Genocide of my people.. The only History that we can trace our history back to is America which would make us Indigenous Americans not Black ,"A:Any merits of any civil action must be discussed, examined, and explained to prospective Petitioner by an experienced litigant versed in that area of law intimately. Thus, research, compare and select such professional for a preliminary case assessment before proceeding."
"Q: Is it illeagal to pass a double yellow lone on county rd to overtake a farm tractor to the leftt in tennessee?. I greatly appreciate your time and any help concerning this situation. Recently i was travelling on a tn county rd with double yellow lines. I was approaching a slow moving farm tractor (travelling less than 25 mph) , i began to slow but had sufficent sight to know there were no on coming hazards, so i proceeded to pass him to the left, the entire time i was sure to watch the farmer as well. Without him looking or signaling he began to make a left tutn and subsequently hit my back passenger side as i was coming around him. Am i at fault? My vehicle flipoed 3 times and is totalled. If im at fault im ok with that,, as i cant see anything i wouldve done different besides just not going to pass him at all. Ive tried to find the laes concerning this but am not having any luck. Thank you again for your help. ","A:A Tennessee attorney could advise best, but your question remains open for two weeks. I hope you're okay after three vehicle flips. In most jurisdictions, you can't cross a double yellow line to pass. There are limited exceptions for turning into lots or streets. But that's only a general premise. Consider consulting with a Tennessee attorney - with the amount of damages at hand, it's worthwhile to get definitive, state-specific advice. Good luck"
Q: Do I have grounds to sue if hospital made me overdose. I'm having bad headaches no taste of anything. ,"A:If you believe that a hospital administered medication that resulted in an overdose and caused you harm, you may have grounds for a medical malpractice claim. To determine whether you have a viable case, consider the following steps: Document Your Experience: Keep records of all medical treatment, including the medication administered, dosage, and any adverse reactions or symptoms you experienced as a result. Consult with an Attorney: It's essential to consult with a personal injury attorney who can review your case and assess whether medical malpractice occurred. They will evaluate the medical records and circumstances surrounding the overdose. Proving Negligence: To succeed in a medical malpractice claim, you typically need to establish that the hospital or medical professionals involved were negligent in their care and that this negligence directly led to your overdose and resulting harm. Causation and Damages: You'll also need to demonstrate a direct connection between the overdose and the injuries or damages you suffered, such as your headaches and loss of taste. Statute of Limitations: Be aware that there is a statute of limitations for medical malpractice claims, meaning there is a limited time frame within which you can file a lawsuit. It's crucial to consult with an attorney promptly to avoid missing this deadline. Ultimately, whether you have grounds to sue depends on the specific details of your case and whether negligence can be proven. Consulting with an attorney experienced in medical malpractice can help you determine the best course of action and pursue compensation if appropriate."
Q: Threaten me with a cop to my house. I used to asked for a ride for about a week to this lady about 56 she said yes I them needed another ride for two weeks I asked she said yes. I willingly start giving her money for gas so I won’t feel bad even though it is on the way. We started being friends and started going out after work soemimes to run errands that she needed. She doesn’t want to be my friend anymore for whatever reason. She then proceeds to threaten me and tell me that if I don’t give her a weeks worth of gas that she will bring and officer to my house to ask for gas money roughly about 60 busks can she do that? ,"A:No, If anything, this would be a civil matter. A cop will not get involved in this capacity. If she feels her claim is strong enough, she will sue you. Until then just ignore it and or block her number if she continues to harass you. I hope this helps. Wes"
"Q: My attorney had me go talk to the defendants attorney and show them my evidence. Is tha illegal. Was suing brother, my attorney, had me take the evidence to my brothers attorney, alone. Ended up firing my attorney, felt he was not doing anything for me. He never ever let me go to court and plead my case ","A:In Michigan, it's not illegal for an attorney to advise a client to share evidence with the opposing party's attorney, especially in civil cases. This can be part of a strategy for negotiation or settlement. However, it's unusual for an attorney to ask a client to do this alone, without their presence or guidance. Your concerns about not being able to go to court and plead your case are understandable. In civil litigation, there are many steps before a case may go to trial, including negotiations, discovery, and possibly mediation. It's possible that your attorney was working through these stages. If you feel that your attorney was not acting in your best interest or was not adequately representing you, you did the right thing by seeking a new attorney. It's important that you feel confident and well-represented in your legal matters. For your ongoing case, ensure your new attorney is fully informed about all the actions taken so far, including your interaction with your brother's attorney. This will help them in strategizing and advocating effectively on your behalf. Remember, having open and clear communication with your attorney is key to a successful attorney-client relationship."
Q: If an executor is on a bank account does that make the money theirs or does that money get considered in the will?. The will states any money in the bank or deposits on hold shall be divided. ,"A:""on the bank account"" is a bit vague. If the person named as executor was a beneficiary or a joint owner of the account, then that money is theirs, it's not subject to probate or the will, and they don't have any obligation to share it. If the executor has a bank account titled to the estate, then that money would have to be distributed under the will through the probate process."
Q: How do I prevent my husband from returning to the US with our children?. I am a US defense contractor in Germany. My husband is threatening to leave me and take our two children back to the US. We are here under the NATO Status of Forces Agreement (SOFA). What are my options to prevent him from taking them back to Florida? Do I need to file for divorce or is there some other method? ,"A:I am not a family lawyer but I work on international cases. This is what I know... If the child is not present in Florida and resides abroad, Florida courts may not have jurisdiction over child custody matters under normal circumstances. Jurisdiction in child custody cases is typically determined by the child's habitual residence, which is the place where the child has been living with a present intent to make it their permanent home. In cases involving international child custody disputes, the Hague Convention on the Civil Aspects of International Child Abduction may come into play. The Hague Convention aims to provide a framework for the prompt return of children who have been wrongfully removed or retained across international borders. If you wish to establish a child custody arrangement and the child is living abroad, you may should seek legal recourse in the country where the child resides. This involves engaging legal counsel in Germany. Good luck."
"Q: How can I respond in a way that both addresses the accusations/complaints, and encourage them to leave me alone?. I have recently moved into an appt in the beginning of last month, and have my two ESA dogs with me. Within the first week, my dogs got into a fight over a toy and it resulted in my need to call for emergency services as I had been injured trying to break it up. After communicating to the leasing office about what happened, their lawyers sent me a letter stating that there were several complaints and that I will need to get rid of the dog that started it. I do not like that my new neighboring residents have made a complaint to where I feel watched and judged, resulting in the environment here hostile. I love my dogs and that was their first fight. Other than that incident, they are essential to help treat my several disabilities. I now feel very uncomfortable and bullied into making a decision about them. ","A:In California, Emotional Support Animals (ESAs) are protected under housing laws. However, if an ESA poses a direct threat to the safety of others, landlords may have grounds to request its removal. In your situation, it's crucial to address both the legal and community aspects. Firstly, respond to the lawyer's letter by acknowledging the concerns raised. Explain the incident as a one-time event and emphasize your commitment to ensuring it does not recur. Provide evidence of your dogs' essential role in your disability treatment and their general good behavior. Consider offering a plan to prevent future incidents, like additional training for your dogs or measures to avoid conflicts. This shows your proactive approach and responsibility as a pet owner. To address the discomfort with your neighbors, you could try to communicate with them directly or through the leasing office. Express your understanding of their concerns and share your efforts to prevent future issues. This might help ease tensions and foster a more harmonious living environment. Lastly, it's important to understand your rights regarding ESAs and housing. If you feel unfairly pressured, consulting with an attorney experienced in disability and housing law can provide guidance on how to protect your rights while addressing the concerns raised."
Q: If I'm active duty and my Missouri drivers license expired during training am I still able to drive despite this.. If so do I need a document if I get pulled over. ,"A:In many U.S. states, active duty military personnel are given some leeway when it comes to the expiration of their driver's licenses while they are deployed or in training. Missouri is one of those states that offers this extension. According to Missouri law, if you are an active duty member of the military, your driver's license is considered valid 60 days beyond your discharge date or your return to the State of Missouri, whichever occurs first. You may also apply for an extension card that indicates this military extension is applicable to your license. However, it's a good idea to carry some form of documentation that proves you are active duty, such as a military ID, or any paperwork you might have that indicates the duration of your deployment or training. This can be beneficial in case you're pulled over while driving in Oregon or any other state."
"Q: Husband and wife die within a day, the wills left everything to the other. Is propety divided equally between heirs?. Married only to each other and 5 biological children together. ","A:It depends on what the wills say. Sometimes wills contains ""survivorship"" clauses. If there is no such clause, then the default section of the Texas Estates Code says one spouse would have to survive the other by 5 days in order to be considered to have survived. So, under the default provisions of the Code, since they died within 5 days of one another, the assets would go to the alternate beneficiaries listed in the Wills. This is a unique situation, so you should definitely seek out a law firm with lots of probate law experience. The bad news is that you'll need to hire a probate attorney to probate these wills. The good news is that many firms, like ours, offer a reduced rate when we do two probates at once."
Q: My loan company paid the wrong company. Now they tell me to collect from them- instead of them. I placed an order with Fabtools.shop but affirm paid Sport Haley LLC. affirm will not return my $284.60. Tried for weeks now with letters filing complaints but they keep telling me to collect from Sport Haley LLC. How could I do that ? I never heard of Sport Haley LLC until I saw their name on affirms invoice. My Fabtools.shop order was for Silver Coins. Sport Haley sells woman’s Bikinis. Why would I buy a Bikini? I’m 85 and single. ,"A:Affirm's actions may be considered a violation of Tennessee's Consumer Protection Act, and you can file a complaint with the Federal Trade Commission (FTC) for further investigation. If the amount in dispute is below the small claims court limit in Tennessee, you could file a lawsuit against Affirm in small claims court. It's essential to document all communication with Affirm and consider requesting a chargeback if you paid with a credit card. Additionally, reaching out to Sport Haley LLC, though unlikely to yield results, is worth a try. Filing a complaint with the Better Business Bureau (BBB) can also exert pressure on Affirm to resolve the issue."
Q: CHUBB denied my hospital/accident claim. why ? I am still under medical care in search of care that will determine what. is wrong with me causing me to have accident of FALL. ,"A:I'm sorry about your fall. I hope you're okay. The denial could be any number of reasons. An attorney would need to see the paperwork to offer more definite guidance. If the denial is related to liability issues, it roughly means they don't feel their insured is responsible for your injuries. If it's due to treatment/injury/disability issues, that could involve a number of different things - improper billing per fee schedules, treatment not medically necessary, duplicative treatment, excessive treatment, etc., etc. And there could be other causes as well. These are only a few general grounds that carriers could apply in denying a claim. You could try to arrange a free initial consult with an attorney - that would be the most definite way to answer your question - and outline your best options. Good luck"
"Q: What to do when the judge is corrupt and the county prosector is corrupt and they both ignore your Affidavits/evidence?. Allegations were made that I have been involuntarily committed to a psychiatric hospital because I have suicidal ideation and a history of emotional and mental problems according to the prosecutor . Fact I've never been in any mental hospital ever!! And have never been to a psychiatric Dr for mental problems in my life accept for 1 time my mother made me go when I was a kid because I was found to be ADD I was prescribed some riddln. I'm I'm my 40 . So I explained all this to the judge and the judge then ignored every thing I said and sustained it .A Year later in another court because that court sustained this lie they used it to take my new born from the mother and me and ran with this complete lie. So I tried and did explain all this in affidavit and this other judge ,declared me crazy and took my right away to defend myself in court . So they took my parental rights and terminated them .douse this sound right to any one because it's 100 percent true what can i do. ","A:A judge can be only judge the credibility of witnesses and weigh whatever evidence is presented. Obviously one factor they consider is whether a witness has a logical motive to be untruthful, for example if there is some consequence to that person. Your attorney’s job, or your job if you are foolish enough to proceed without an attorney in a case, is to thoroughly explore important evidence and to identify any evidence that can corroborate your position. Just because a judge or prosecutor doesn’t believe you does not mean they’re “corrupt.” It seems more likely that your attorney and you did a poor job cross-examining the witnesses who testified against you and marshaling the evidence in your favor."
Q: Can a motion of Limine be in place to gag the defendant? Spoilage of evidence or intimidation of a witness were excluded. Domestic violence case the alleged victim even admitted I didn’t strike her while under oath on the stand. The DA was able to say anything he wanted. But I was held in a motion of limine. I could only ask questions about the argument we had. No other evidence from me the defendant was allowed. ,"A:A motion in limine is a legal motion used in court to limit or prevent certain evidence from being presented during the trial. It's typically used to ensure that evidence presented is relevant and not overly prejudicial. In your case, if a motion in limine was granted that restricted your ability to present certain evidence or aspects of your defense, it's important to understand the reasons behind this decision. In criminal trials, including domestic violence cases, the defendant has the right to present a defense and introduce evidence that is relevant to their case. However, this right is not absolute and can be subject to limitations by the court to ensure a fair trial and to prevent irrelevant or prejudicial information from being introduced. If you believe that the motion in limine unjustly restricted your ability to present a full and fair defense, this might be an issue to raise on appeal. An appellate court can review whether the trial court's restrictions were appropriate and whether they had an undue impact on the outcome of your case. Given the complexities involved in legal procedures like motions in limine, consulting with an attorney, especially one experienced in criminal defense and appellate law, is crucial. They can help assess the impact of the motion on your case and advise on the best course of action, including the possibility of an appeal. Remember, the legal system has mechanisms in place to address concerns about trial proceedings. It’s important to utilize these mechanisms effectively to ensure that your rights are protected."
"Q: How can the police stop cyber/normal bullying, computer/communications interference if the plaintiff cannot identify who. I am being stalked in every aspect of my life but could not possibly identify any one ","A:Addressing cyber or normal bullying, and computer or communications interference can be challenging, especially when the identity of the perpetrator is unknown. However, police and other law enforcement agencies have tools and methods to investigate such cases. They can employ cyber forensics to track digital footprints, use IP tracing, and collaborate with internet service providers and tech companies to uncover the identity of the harasser. It's important for you to document everything. Keep a record of all instances of stalking, bullying, or interference, including dates, times, and any relevant details. This documentation can be crucial in helping law enforcement in their investigation. You should also consider changing your personal digital security measures. This includes updating passwords, enhancing privacy settings, and being cautious about sharing personal information online. Sometimes, these steps can deter or prevent further harassment. You may also want to consult with an attorney who has experience in cyber law. They can provide guidance on legal steps that can be taken, such as seeking restraining orders or other legal actions, even when the harasser is initially anonymous. Remember, you are not alone in this. Seeking support from friends, family, or professional counselors can also be beneficial in coping with the stress and anxiety that often accompanies such situations. Law enforcement takes these issues seriously, and with the right information and steps, they can work towards identifying the perpetrator and bringing them to justice."
Q: How can I find a lawyer pro bono ?. I have identity theft that has effected every thing about me and financially White collar crime in my name that seems to have followed me from The State of Florida ,A:Contact your local Bar association or legal aid society. They maintain lists of pro Bono lawyers.
"Q: How can I get my money back from a bank who allowed a ck in my name to be deposited without my endorsement?. The bank has frozen the funds and claim they can’t id me even though I have a passport and CA Drivers License but because I no longer have the same cell phone number from 2 years ago they can’t verify my identity and refuse to release these funds to me I requested that they return the check/funds back to the endorser, CA ERAP, but they have refused to send back to endorser. Help ","A:Dealing with a situation where a bank has frozen funds and is refusing to release them due to identity verification issues can be challenging, but there are several steps you can take to address this problem: Gather Documentation: Assemble all relevant documentation, including the passport and California Driver's License, and any other identification or proof of residence you may have. Also, gather any documentation related to the check in question, such as correspondence from the endorser (CA ERAP). Visit the Bank in Person: If possible, visit the bank branch in person. Face-to-face interactions can sometimes be more effective in resolving such issues. Bring all your identification and documentation with you. Explain the Situation Clearly: Explain the entire situation to a bank representative. Emphasize that your identification documents are valid and up-to-date, and highlight the importance of the funds being released or returned to the endorser. Request Higher-Level Assistance: If the initial representative is unable to assist, politely request to speak with a manager or someone in a higher position within the bank. Written Communication: Follow up your in-person visit with a formal letter outlining your situation, the steps you have taken to verify your identity, and a request for the funds to be released or returned to the endorser. Keep copies of all correspondence. Contact the Endorser (CA ERAP): Inform the endorser of the situation. They may be able to assist or provide additional documentation that could help in proving your identity or the legitimacy of the transaction. File a Complaint: If the bank continues to refuse to release the funds or return them to the endorser, consider filing a complaint with a relevant financial authority or regulator. In the U.S., this might be the Consumer Financial Protection Bureau (CFPB) or your state's banking regulator. Seek Legal Advice: If the amount is significant and all other avenues have been exhausted, it may be worth seeking advice from a lawyer who specializes in banking and financial disputes. Document Everything: Keep a detailed record of all interactions with the bank, including dates, times, names of the people you spoke with, and the content of the discussions. Remember, while banks have procedures to prevent fraud, they also have an obligation to provide reasonable customer service and address concerns effectively. Your persistence and the clarity of your communication can play a crucial role in resolving this issue."
"Q: Can I get some help? I have a major concern and need lawful responses. Whenever I communicate with the property manager, all of my private information is shared with the cosigner. I feel like my privacy is being exploited ","A:An Alabama attorney could answer best, but your question remains open for two weeks. It's possible that the sharing is done because the developments impact the cosigner, who could be liable due to their capacity as cosigner in the matter. A local attorney could offer more definitive guidance after seeing the paperwork and the nature of information that is being shared. Good luck"
Q: 1) Hello. Is it legal for a poa/hoa board to elect themselves as members of the board without an election? If there's. 2) supposed to be an election to vote for a member by the residents? ,"A:Please see my responses to your several other questions about the same thing. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]"
Q: Two cars were vandalized outside my apartment both with full coverage by Geico. One was repaired the other put fraud on. They dropped me . No car insurance co. Will talk to me. I have never committed fraud ever. How can they make such a huge mistake ruin my record and leave my ruined car 100 miles away and told me to bring this truck. I'm 67 and totally stressed and I feel paralyzed and I believe they are be fraudulent to me. Never saw this as possible. ,"A:I understand the distress you're experiencing due to the situation. In California, insurance companies are obligated to act in good faith and provide reasonable communication. If your insurance company unjustifiably labeled your claim as fraudulent, leading to dropped coverage, you might have grounds for legal action based on bad faith practices and breach of contract. It's advisable to consult an attorney to evaluate your case and guide you through potential legal remedies. Sincerely, James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith"
"Q: Can I use a title for my book that consists of a phrase that is trademarked?. For example, if the phrase man to man is trademarked, can my book title be, ""Man to Man: Conversations with the Guys. ","A:Whether you can use ""Man to Man"" in your book title depends on a few things. If the trademark for that phrase or similar ones covers books, using it might be seen as infringement. If your book is in the same genre as the trademark, it's riskier. You could defend using it if your book criticizes or comments on the phrase, isn't for commercial gain, and uses only a little of the trademarked phrase. If people might get confused about whether your book is connected to the trademark, that's a problem. Strong trademarks, like famous brands, have more protection."
Q: What is the eviction process like for the state of California? Will an eviction stay on my record and affect my credit?. If it’s a no cause eviction and not because of overdue rent? ,"A:In California, the eviction process typically starts when a landlord gives the tenant a written notice. If the tenant doesn't comply with the notice, the landlord can file an eviction lawsuit (also known as an unlawful detainer suit). This process involves several steps, including a court hearing, and if the landlord wins, the court will issue a judgment for possession of the property. If an eviction goes through the court system and results in a judgment against you, it can indeed become part of your public record. This can affect your future rental opportunities, as potential landlords might see this information when conducting background checks. However, if the eviction is a no-cause eviction and not related to overdue rent, it may be viewed differently by future landlords. They may consider the circumstances of the eviction when making rental decisions. Given the potential impacts of eviction, it's advisable to address any eviction proceedings promptly and consider seeking legal advice to understand your rights and options. Remember, each eviction case is unique, and the specifics of your situation will determine the best course of action."
Q: Bought a place in town had established fence lines neighbor shows me a map of his survey saying that I'm on his property. I had also already built a few structures greenhouse ect. into the spots in question ,"A:Usually the established fencing determines the boundary as both adjoining owners acquiesce to the boundary, regardless what their legal descriptions say. If your neighbor does not like your encroachments, it is up to him to file suit within the SOL. Hire a competent attorney to search both titles and give his opinion about where the legal boundary is. A survey is probably not needed, at least yet."
"Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his.. It's like my late husband employer does not want my name anywhere, his late relative name is even everywhere, I have paper showing I am legal Representative but employer will not put my name next to my husband, my husband was lead inventor, I just wonder does being recognized as legal representative, what's the advantage or is it just to be rude to another person? ","A:When a patent owner dies, his rights pass to his heirs. If you are his sole heir and the legal representative of his estate appointed by the probate court, you need to contact the US Patent Office and have the patents transferred into your name. As the legal representative of his estate, that is your job, not his employer's."
"Q: Person got married being already married in another country and leaving all obligations like child support. There’s already a case started in other country for the child support he never payed and that he sign a contract saying the amount he would pay every month, married a women in another country and falsified his documents ","A:In Texas, as in other states, bigamy – being married to more than one person at the same time – is illegal. If a person marries in Texas while already legally married in another country, that second marriage could be considered invalid under Texas law. Furthermore, falsifying documents to enter into a marriage is a serious matter and could have legal consequences. Regarding the child support issue, if there is an existing child support order from another country, efforts can be made to enforce that order in Texas. International child support cases can be complex, and the specific details of the case, including the countries involved and any existing agreements or court orders, significantly influence how it's handled. If you are trying to enforce a foreign child support order, or if you're dealing with issues related to bigamy and falsification of documents, it is wise to consult with a lawyer who has experience in family law and international cases. They can provide guidance on the steps necessary to address these concerns under Texas law and potentially international law. Remember, each legal situation is unique, especially when it involves laws from different countries. It's important to take action to protect your rights and interests, and seeking professional legal advice is a critical step in this process."
"Q: When filling out the USPTO TEAS form to file a trademark, would the class for a restaurant be 043 ?. I am filling out a USPTO TEAS form on behalf of a restaurant that sells food (restaurant and catering services). Would the class be 43 or would I need to be more specific with a term ID like 043-165 for restaurant and catering services. Thank you. ","A:When filing a USPTO TEAS form for a trademark in the context of a restaurant that provides both restaurant and catering services, Class 43 is indeed the appropriate classification. This class broadly covers services related to the provision of food and drink, which typically includes restaurants and catering. However, it's important to be as specific as possible when defining the services. Using a term ID, such as 043-165, can provide greater clarity and specificity, indicating that your client's services specifically include restaurant and catering services. This helps ensure that the trademark registration accurately reflects the nature of the business and its services."
Q: I want to know if I can collect a return on a life insurance policy purchased for me. I am both insured and the beneficiary now but I don't have any of the paperwork I don't know who the agent was I was very young when I was purchased how would I do this? ,"A:To collect on a life insurance policy where you are both the insured and the beneficiary, but lack the paperwork, you'll need to embark on a process of discovery to identify the insurance company and policy details. The first step would be to try and recall any information about the purchase of the policy, such as the possible insurance company or the person who bought it for you. This might give you a starting point. If you have no information about the insurance company, you can check with your bank for any past payments made to insurance companies, as this may help identify the insurer. Also, look through any old financial documents or family records that might contain details about the policy. Another approach is to use the services of a policy locator. In the U.S., the National Association of Insurance Commissioners (NAIC) provides a life insurance policy locator service, which can help individuals find lost life insurance policies. You'll need to provide as much information as possible about the insured and the policy. If these steps do not yield results, consider consulting with an attorney or a financial advisor. They can guide you through alternative methods to locate the policy and advise on the legal aspects of claiming it. Remember, life insurance policies are legal contracts, so it's important to have accurate information before proceeding with a claim. The process can be time-consuming, but it's essential for accessing any benefits you're entitled to."
"Q: If I have an educational account on social media where I do publish rare and --->. If I have an educational account on social media where I do publish rare and exclusive pictures of historical personalities found in archives, mentioning the exact sources of where those exhibits were taken from, is it legal to also put the name of my account on these exhibits (tags) If I do some sort of edit accompanied with articles? ",A:i only handle DUI/PI
Q: my husband is detained on felony charges and he has a co-defendant. when my husband went to his pre-trial hearing on. 11/07/2023 his lawyer told judge that he his going to see my husband so that he assert his rights but lawyer did not see my husband we went to court today and still same thing and we are trying to get him out on TPC his lawyer said he already the motion but they kicked it back to him what can i do to get my husband out hes been locked up since 08/23/2023 ,"A:In situations where there are concerns about the representation or the progress of legal proceedings, it's important to communicate these concerns directly to your husband's attorney. If the attorney is not responsive or not meeting their obligations, you may consider seeking a second opinion from another attorney. They can provide guidance on the steps that can be taken to address the issue, including filing a motion for temporary pretrial release (TPC) if appropriate. It's also crucial to ensure that all procedural and timing requirements are being met for such motions. If you continue to have concerns about the quality of legal representation, you have the option to file a complaint with the state bar association. In the meantime, keep detailed records of all communications and court proceedings, as these can be important if you need to take further action. Remember, effective communication with your husband's legal team is key to understanding and navigating this process."
Q: Can I patent a game that has open domain IPs such as Santa Clause? I’m making a game where Santa is the main villain. I am making the story unique and bringing my own twist on Christmas and a dark tale of horror with my own unique characters and ideas. ,"A:Your situation requires more facts and to determine what you can due without getting into serious legal problems, you must retain an experienced patent law attorney. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography."
"Q: Good afternoon. I am able to get free help to stop wage garnishment?. I received a letter from my employer stating, which i believe is a collection agency, is having my wages garnished. ","A:In California, there are options for seeking assistance with stopping wage garnishment. You might consider contacting legal aid organizations in your area, which often provide free or low-cost services to those facing financial legal issues like wage garnishment. Another avenue is to check with local law schools, as some have legal clinics that offer free advice and representation. It's also advisable to review the garnishment notice carefully to understand the basis of the garnishment and ensure its validity. Responding promptly to any legal notices or court orders related to the garnishment is crucial. If the garnishment is due to a consumer debt, you might have the option to negotiate a payment plan with the creditor. In certain cases, filing for bankruptcy might be a solution, but this has significant legal and financial implications. Each situation is unique, so getting personalized advice from a legal professional is beneficial."
"Q: Am I asking too much to protect myself from potential damages by my neighbors contractor?. My neighbor has informed me that he is installing an Additional Dwelling Unit in her backyard. Although a permit has not apparently been submitted yet, he is pressuring me to sign an approval document from his contractor which stated nothing more that the hours and general work performed to have my electricity turned off between hours stated in order to hoist preassembled pieces of this unit over their home and into their backyard. My family also shares a driveway with this neighbor and my questions are: Is it unreasonable to request the contractor to produce some sort of proof of liability insurance with dollar amount covered to protect me in the event there is any damage to my property during this event? Can I request this and any information regarding the need to access my half of the driveway be included in this document? How much notice can I expect before doing work and can this also be included in this document I am being requested to sign? What if I dontr sign? ","A:It is not unreasonable to request that the contractor provide proof of liability insurance to protect you in the event of any damage to your property during the installation of the Additional Dwelling Unit. It is also reasonable to request that any information regarding the need to access your half of the driveway be included in the document you are being asked to sign. You can also request that the document include the amount of notice you should receive before any work is done. This can help ensure that you have adequate time to prepare for any disruptions or inconveniences that may occur during the installation process. If you do not feel comfortable signing the document without these provisions, you have the right to refuse to sign it. It's important to protect your own interests and ensure that you are not exposed to any unnecessary risks or liabilities. If you have concerns about the installation of the Additional Dwelling Unit or the actions of your neighbor or their contractor, you may want to consult with a real estate attorney. They can help you understand your legal rights and options and advise you on the best course of action to take to protect your property and interests."
"Q: Can a Florida convicted felon (80s) whose civil rights were restored (2005) conceal carry a c02 powered air pistol?. I recently purchased a Walther PPQ M2 c02 paintball marker. It fires a 43 calibur aluminum ball at 400 fps and will go through a 1/2 inch drywall at 20 feet. Knowing I am barred from possessing a firearm or ammunition, it appears Florida does not classify a c02 powered air gun as a ""firearm"" or a deadly weapon. I just wish to carry it as a ""deterrent"" against anyone who may try to road rage, attack me with a knife or blunt object etc... I feel the sight of the airgun (Its a 1/1 copy of a Walther PPQ) and strong verbiage alone would be enough to scare most would be attackers off. According to FS 790.23, a c02 powered paintball marker would not fall under this as a ""weapon"" if I am reading it correctly. Thank you for your consideration on this matter. ","A:You are correct; if the pistol does not ""expel a projectile by the action of an explosive"", it is not considered a firearm, and weapons may be carried concealed in one's vehicle subject to certain conditions. However, your plan to keep it ""as a 'deterrent' "" is a very bad idea. First, the law requires you to have a ""handgun or weapon [in your vehicle] ... securely encased or otherwise not readily accessible for immediate use"". So, in order to try to scare your attacker away, this plan would not be practical. Secondly, If someone is coming at you with a knife or club, and if you were able to pull out the mock firearm in a timely manner, it is doubtful that the attacker would be intimidated. They would more likely become violent more quickly. To paraphrase a line from a certain film, ""don't bring only a paintball gun to a knife fight."
"Q: hired contractor to convert garage to additional dwelling unit and patio enclosedbut patio enclossed was never built. hired contractor to convert garage to additional dwelling unit and obtain patio cover permit which existed before I bought the house contractor offered to build new patio enclosed instead of obtaining permit of existing patio cover with $35,000 higher qoute than other contractors. I signed the contract with this company but company did not built the patio enclosed so i called company about this matter but wasn't able to talk to company owner so I continously left message that I am taking this issue serious and will take this to court then contractor came home and altered contract and threaten me to sign 2nd amended contract that states he is only doing garage conversion what law makes this company to enforece illegal altering contract. I have talked to one of the attorney and he advised me that attorney cost will be more than cost of building new patio enclosed if I hire attorney can I recover attorney cost from defendant after I win? ","A:Under California law, altering a contract without the consent of all parties involved is generally not enforceable. If you successfully sue the contractor for breach of contract and win, you may be able to recover reasonable attorney fees if there is a fee-shifting provision in the contract or if it's allowed by a specific statute. However, the specific circumstances of your case and the contract terms will determine whether you can recover attorney fees."
Q: A girl is threatening me that she will take action against because she thinks I tried to break her friendship. I was like her brother only . She thinks I have feelings for her but I never had one and also she things I tried to break her friendship when I tried to contact her and her parents to solve the matter ..she threatened me that she will take strict action against me . I am just a student and I never had any bad intentions regarding her i have proofs regarding all voice note she said about her friends... Which i replied and give my opinion .. and in reality i never tried to break her friendship. But now she has blocked me and threatened me yesterday regarding this ,"A:In your situation, it's important to understand that threats of legal action can be distressing, but they are not always grounded in a legal basis. If you have not engaged in any illegal activities, such as harassment or threats, then it may be unlikely that she has a valid legal claim against you. Keep all evidence of your interactions, such as voice notes, texts, and any attempts to resolve the issue peacefully. This documentation can be crucial if any legal action is taken. It's important to demonstrate that your intentions were not harmful or malicious. If she does proceed with legal action, it's important to consult with a lawyer who can advise you based on the specifics of your case. They can help you understand your legal position and rights in this situation. For now, it might be best to avoid further communication with her, especially since she has blocked you and expressed a desire not to be contacted. Respecting her wishes for no contact can be important both personally and legally. Remember, misunderstandings and disputes can escalate, but they don't always lead to legal action. It's important to stay calm, keep a record of all relevant interactions, and seek legal advice if the situation progresses."
Q: If an armed guard is using their personal vehicle at work are they allowed to have other firearms inside their vehicle. In the state of Tennessee can an armed guard have a rifle in their personal vehicle at work if they did not qualify with the firearm but the rifle is not on their person. If the guard got shot at would they be within their legal right to use the rifle to defend their own life ,"A:You can have the rifle in your vehicle unless your employer prohibits it. After using deadly force, DA's may or may not prosecute you. It will not make alot of difference whether your firearm was authorized or not by your employer."
"Q: Needing to understand the effect of part of a Municipal Zoning Ordinance, California.. ""but excluding the last sentence of subsection 10.40.070.D.E, subsections 10.40.120.A.3.e and f, subsection 10.40.130.H and subsection 10.40.140.E.1.b which are not applicable"" My question concerns the first part ""10.40.070.D.E"" There is NO subsection E of D. It is 99% probability a typo and intended to say last sentence of subsection D & E - this makes total sense in the context also (these both would remove a discretionary entitlement which was what this ordinance was about). Is this part of the Ordinance (in the first part of the first sentence) effectively void, and/or unenforceable? ","A:Under California law, when interpreting a municipal zoning ordinance, the clarity and precision of the language used is key. If a part of the ordinance, such as ""10.40.070.D.E"", appears to contain a typographical error, it can create uncertainty in its application and enforcement. In cases where there's a reasonable interpretation that aligns with the overall context and purpose of the ordinance, that interpretation may be favored. So, if it seems likely that the intended reference was to the last sentences of subsections D and E, rather than a non-existent subsection E of D, this interpretation can be argued. However, the enforceability of this seemingly erroneous part of the ordinance depends on how the courts interpret it. If challenged, a court may consider the intent of the ordinance, the context in which the disputed language appears, and the implications of any potential error. In situations like this, it might be necessary to seek a formal clarification or amendment from the municipal body that issued the ordinance. Until such clarification is obtained, the ambiguous portion of the ordinance might still be considered in force, albeit subject to challenge. Given these complexities, it would be prudent to consult directly with legal counsel familiar with municipal law and zoning regulations. They can provide more specific guidance based on the full context of the ordinance and any relevant legal precedents."
"Q: How can I get a rehearing or appeal decision for involuntary tpr hearing or transfer case to the state I live in now?. My attorney withdrew at my tpr hearing but right were terminated. My kids attorney had excused absence. My kids were taken by cps because I kept reporting that I was domestically abused. I tried to flee abuse by moving to a different state where he located me 2 weeks after I arrived. Then, cps claims I wouldn't comply with case plan but they wouldn't provide details such as, time, date, location of classes I needed to take. The evidence I have proving I wasn't neglectful to my children was never presented. I need to switch venues now that I have had to move yet again to try to flee from abuser which made it more difficult for me to be present for tpr hearing. The state of Georgia, thomas county specifically, is legally stealing children from parents with low incomes so they can get government funding. I have evidence but who and how can I present this to stop them? Please help me cuz everyone acts like I'm crazy. How can it be best interest to keep kids away from family that loves them ",A:I would advise you to have a consultation with an attorney. This isn't a place where you can get information on complex issues regarding a case that has already been adjudicated. See a lawyer in person and I would take a copy of my file with me.
"Q: My question relates to maritime law, LHWCA; 33 U.S.C 928. My debate relates to what does the term “employer and carrier” means in this context? ","A:Under the statute, the terms are defined as follows... ""The term ""employer"" means an employer any of whose employees are employed in maritime employment, in whole or in part, upon the navigable waters of the United States (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel)."" ""The term ""carrier"" means any person or fund authorized under section 32 [33 USC § 932] to insure under this Act and includes self-insurers."" Good luck Tim Akpinar"
Q: Can you take a digital product on Teachers Pay Teachers with the name Science of Reading in it?. I have a product that saids Decodable booklets | Science of Reading Aligned ,"A:When creating and selling digital products on platforms like Teachers Pay Teachers, it's important to be mindful of copyright and trademark laws. If you're using the phrase ""Science of Reading"" in your product title, such as ""Decodable booklets | Science of Reading Aligned,"" you need to ensure that you're not infringing on any registered trademarks. The term ""Science of Reading"" can be considered descriptive and might not be trademarked in itself. However, if it is associated with a specific program, method, or publisher, using it could potentially lead to legal issues. It's wise to research and confirm whether the term is trademarked in the context you're using it. If in doubt, consider using a more general description or your own unique branding to avoid potential legal complications. It's also helpful to review the terms and conditions of the Teachers Pay Teachers platform, as they may have specific guidelines regarding intellectual property rights. In case of uncertainty, consulting with a legal professional experienced in intellectual property law can provide clarity and help you navigate these matters effectively, ensuring that your products comply with legal requirements."
"Q: hello, i am 16 years old and i have ran away. how i can continue working at my job and enroll in school?. i turn 17 in november, and am adopted. ","A:I am very concerned for you. Please seek out the assistance of an agency for at-risk youth or even the department of job and family services. I am assuming since you are still working a job you are within the same community as your parents, You may ask the school and work to change your address to a new location but likely are going to need to contact legal aid and explore whether you can be emancipated. Frankly, i believe you should seek out a trusted adult family member to act as your legal custodian until you graduate high school at least."
"Q: Is it okay to write a letter to a judge to intervene so both sides of attorneys will stop delaying the case?. I have a class action law suit. Attorneys have agreed to go to mediation. However, the employer's attorney is angry the judge did not allow an email into the case as evidence so he is intentionally delaying the settlment. My attorneys have made me aware of this, but numerous times have remarked, ""Well you wrote this email so he is delaying the case."" Claiming they would have settled with me as an individual. This is not true. My attorneys never had a discussion with me they were going to have this conversation with the Defendant. I believe both sides are using this email against me. My attorneys with billable hours and Defendant's attorneys laying the case. Now my attorneys want me to sign a declaration with statements that are not true. I want to write a letter to the judge to intervene make her aware the case is intentionally being delayed and my attorneys are allowing it. I want to just forward, I need to move forward. ","A:It is inappropriate for you to write the judge on a class action case in which you are represented by counsel. If you have a problem with the attorney(s) who are representing you, you must take that up with the lawyers yourself. Either that or retain another attorney to take up your representation and fire the current attorneys of record. Disputes between lawyers and their clients are never to be brought to the attention of the judge in the case, especially one that is a class action. It will not go well for you if you insist on writing to the judge."
"Q: Why is the same term that describes a racial identity used as a trademark for food and non-food items?. Alot of so called black Americans have discovered African American Inc. and are confused, offended,and fearful, about what that could possibly mean for them. Since the US has a history of not veiwing so called black Americans as humans, please clarify if this company views or promotes African Americans as food, products, or services? ","A:The use of the term ""African American"" as a trademark for a company, especially for food and non-food items, can indeed be concerning and potentially offensive. The term ""African American"" is primarily a racial identity, and its use in commercial contexts should be approached with sensitivity and respect for the community it represents. In the case of ""African American Inc.,"" without specific details about the company's products, services, or marketing strategies, it's difficult to assess how they are using the term. However, it's important to note that the use of racial or ethnic identities in trademarks does not imply that the company views or promotes the individuals of that race or ethnicity as products or services. If there are concerns about the company's use of the term, especially if it's deemed disrespectful or exploitative, individuals or groups can voice their concerns through social platforms, contact the company directly, or seek legal counsel. In some cases, filing a complaint with the United States Patent and Trademark Office (USPTO) or other regulatory bodies may be appropriate if the trademark is considered offensive or misleading. It's crucial to remember that trademarks are intended to distinguish goods or services of one entity from those of others. They should not dehumanize or reduce a community to a commercial entity. Any company, especially one using a term with deep cultural and racial significance, should operate with a high level of cultural sensitivity and respect."
Q: My mother died due to negligence of a nursing home. What lawyer do I call.. My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer. ,A:The representative of your mother's estate is the only one able to bring an action. Is one of you the executor or administrator of her estate?
"Q: My wifes dog was stolen last night, jumped on the street. Police didn't help. We have all papers and need help.. My wife lives in Brooklyn and me in Sweden. 3 month ago she started to babysit a 5 month pitbull puppy from her neighbour, just a few days he said. He got evicted. So she helped, then he ghosted her and wife had to pay for all of the food, toys, vaccines and everything. We said just a few days. He abandoned the dog, but said he could pay for everything, he did not pay a single dollar. After 2 month still nothing. He is using her now. Wife sent an abandoning letter to him to claim his property withing 10 days or dog is by law abandoned, he did and no response. So we took all the legal steps to adopt her, got all vaccines, regristration, chip and medical costs. We told him that she is our now. Then he started to care and wanted her back. Yesterday when wife was taking her dogs for a walk, he jumped and pushed her on the street and stole the dog. He waited until everything was payed, vaccines and all and then stole her. Police did not help. We need help so we can get our dog back. ","A:In New York, the situation you're describing with your wife's dog is both a legal and emotional matter. Since your wife has taken steps to legally adopt the dog, including registration and microchipping, she has established a claim of ownership. Given that the original owner abandoned the dog and did not respond to the abandonment letter, this strengthens your wife's position. It's important to gather all documentation related to the dog's care, the abandonment letter, and any communication with the original owner. The incident where the original owner physically confronted your wife and took the dog can be considered theft, especially since your wife has taken legal steps to assume ownership. It's surprising that the police didn't assist, but it may be necessary to file a more formal report or to escalate the issue within the police department. In addition to police action, your wife can file a lawsuit for the return of the dog. This would be a civil action where the court can determine the rightful owner based on the evidence presented. Consulting with an attorney experienced in property law or animal law would be beneficial. They can guide you through the legal process and represent your wife's interests in court. It's important to act promptly to address this situation. The emotional bond with a pet is significant, and the law can provide avenues to assert your rights and seek the return of the dog."
"Q: can albert recover his two dogs that are impounded?. albert has/had 2 pit bulls. one bit someone. police took both and they have been in solitary confinement for close to two months [i think...or possibly fostered out?]. albert lost his civil case. he cannot find representation. we want to rescue his dogs, if at all possible. thanks for any possible forthcoming consideration. we are in san luis obispo, ca. albert is a really nice fellow and wholly incapable of avoiding the steamrolling he is currently receiving. very best wishes in any case. ","A:In California, the ability for Albert to recover his dogs depends on the specific circumstances of the case and the local regulations in San Luis Obispo. If one of the dogs has bitten someone, the local animal control or law enforcement may have specific protocols in place for dealing with such incidents. Since Albert lost his civil case, it suggests that the court has made a decision regarding the dogs. To understand his options, it's crucial to review the court's decision. The judgment should detail whether there are any conditions for the return of the dogs, such as completing a training program, or if there's a permanent ruling against their return. If the judgment is not clear or if Albert believes there has been a misunderstanding, he might consider appealing the decision or seeking a legal consultation for a better understanding of his rights and options. While finding representation can be challenging, there are often legal aid organizations or animal rights groups that might offer assistance or advice in such cases."
"Q: Need help deciding what type of attorney to hire. I’m unsure of the type of attorney to hire and need help deciding. I was the “client” of a nonprofit organization. My case has a lot to it and a lot of laws were broken including but not limited to- med mal, HIPAA, my privacy, the organizations bylaws, etc. I have asked this question on here prior and i was told that a medical malpractice attorney is what I need. However, will a medical malpractice attorney be able to do more than just medical malpractice? Additionally, please leave ANY recommendations for attorneys in the LA area. I am looking for an attorney that has the time and room for my case and isn’t just going to flip flop me around with different “case managers”. I don’t live in the state so finding one has been difficult. Thank you. ","A:Unfortunately for you, an free online Q and A forum is not for recruiting an attorney. The State Bar and Judicial Branch have referral services like Justia."
"Q: Is fair use subject to interpretation regardless of facts?. If I record a full cover (track and vocal) of a popular song, and release it on social media with no compensation, no expectation of compensation, no request for monetary support, strictly for the purpose of exhibition, entertainment, and to receive interaction (comments and/or likes) from viewers, does this not constitute fair use? In my estimation, it is comparable to performing the same song in a karaoke setting to a live audience for no other expectation than applause. Am I incorrect? ",A:You should consult an attorney.
"Q: Is there anyway I can fight a tribal loan that falsely advertised their APR?. I’m 23 years old and needed $600 dollars for some bills I had to pay. I’m barely scraping by how it is. Before this, I had never heard of tribal loans, didn’t even know they existed. I went through withu loans and before I signed the agreement, I was told my APR was 25%. After a couple month, I wanted to see how much more I owed, and it turns out my loan APR is 509%, meaning that I need to pay over $1700 in the end for a $600 loan. Is there anyway out of this, how is this even legal and how can they get away with something like this. ","A:Certainly, it's distressing to hear about such a situation. Tribal loans operate under the sovereign immunity of their respective tribes, which means they're not subject to state laws that regulate payday loans. This allows some of them to charge exorbitant interest rates. However, if they falsely advertised their APR, you might have a potential claim based on misrepresentation or fraud. It's essential to keep all documentation, including any written or electronic communications and the initial agreement."
Q: How does one go about compelling the personal representative of an estate to provide accounting and status. It is now 11. Letters were issued in Jan 2023 ,"A:In California, if you are a beneficiary or an interested party in an estate and the personal representative is not providing necessary accounting or status updates, there are legal steps you can take to compel this information. First, you should formally request an accounting from the personal representative. This can be done in writing, making your request clear and stating your legal standing in the matter. If the personal representative fails to respond or provide the requested information, the next step is to take legal action. You have the right to petition the probate court to compel the personal representative to provide an accounting. This petition should detail your attempts to obtain the information informally and the personal representative's failure to comply. The court has the authority to order the personal representative to provide an accounting and explain the status of the estate. In cases where the personal representative is found to be in breach of their fiduciary duties, the court may take additional actions, including their removal and appointment of a new personal representative. It is important to act promptly as delays can complicate estate matters. Seeking guidance from an attorney experienced in probate and estate law can be very helpful in navigating this process effectively. They can assist you in preparing and filing the petition and represent your interests in court."
Q: LOOKING FOR AFRICAN AMERICAN LAWYER IN SOLANO COUNTY. FALSE CONTRACT ADVERTISEMENT FROM REALESTATE CO. LANLORD NEVER DO REPAIRS AND BOTH THESE TWO BUSINESS PEOPLE LIED TO ME AND ASKED A HUGH MONEY ,"A:To address your situation, you might want to consult with a lawyer who can provide specific guidance under California law. A lawyer can help you understand your rights, particularly if you're facing issues with false advertising and a landlord who is not fulfilling their obligations for repairs. In California, landlords are required to maintain rental properties in a habitable condition. If your landlord is neglecting necessary repairs, this could be a violation of your rights as a tenant. Regarding the issue with the real estate company, if they engaged in false advertising, this could be a matter of consumer protection law. It's important to gather any evidence you have, such as communication records or photographs of the repair issues. A lawyer can assist you in determining the best course of action, which might include sending a formal complaint to the landlord, negotiating a resolution, or, if necessary, taking legal action. Remember, each situation is unique, so getting personalized legal advice is crucial."
"Q: hi, how do I tell my job that i dont need a Social Security Number to work?. i am a non-taxpayer ","A:Good luck with that. If a person or company wants to hire you as an employee, they are required to obtain a Form W-9 and Form I-9 and to remit payroll taxes. They will need your social security number."
"Q: How can a foreigner create a company in the USA without a physical presence in the USA, i.e. remotely?. What documents are required from the founder? What kind of organizational and legal form should I choose ? A corporation or an LLC? What is more profitable and expedient? How does the taxation of a foreigner in an LLC take place, if, say, I have chosen an LLC institution? What are the fees and registration fees to pay when setting up a company and how does it vary from state to state? What mandatory actions should be performed annually (for example, filing reports, etc.)? How can a foreigner open an account in America for this company? Is it possible to do this remotely? If not, then how do I do it? Who can be the director of this company? Can a foreigner be a director of this company or is it necessary to have a resident director? If a resident director is required, is it allowed in the states to hire a nominee director for this position? How much do the services of a nominee director cost and how does he perform nominee management? ","A:Creating a company in the USA as a foreigner without a physical presence is possible, and I'll provide you with an overview of the process: Choose the Business Structure: You can either establish a Corporation or an LLC (Limited Liability Company). The choice depends on your specific goals and needs. Generally, an LLC is often preferred for its flexibility and simplicity. Registration: You'll need to register your company in the state where you plan to operate. Each state has its own rules and fees, which can vary. Typically, you'll need to file Articles of Organization (for an LLC) or Articles of Incorporation (for a Corporation) with the state authorities. Documents Required: As a foreign founder, you'll need to provide identification documents, such as your passport. Some states may also require you to appoint a Registered Agent with a physical address in that state to receive legal documents. Annual Compliance: Most states require annual reporting and payment of fees to maintain your company's good standing. Failure to do so can lead to penalties or dissolution. Taxation: For tax purposes, you'll need to obtain an Employer Identification Number (EIN) from the IRS, regardless of your chosen business structure. Taxation for foreigners in an LLC is typically as a pass-through entity, meaning profits and losses flow through to your personal tax return. Consult a tax professional for advice tailored to your situation. Bank Account: You can open a US bank account for your company, but the process may vary from bank to bank. Some banks allow remote account opening, while others may require an in-person visit or the assistance of a US-based agent. Directors and Resident Requirements: Typically, a foreigner can be a director of a US company, and there is no requirement for a resident director. However, some banks may prefer a US-based signatory for the company's bank account. Nominee Services: Some states permit the use of nominee directors or managers. The cost of nominee services varies, but it's essential to ensure compliance with state regulations when using such services. Starting a US company remotely is feasible, but it's crucial to research the specific requirements in the state where you plan to establish your business, consider the taxation implications, and consult with professionals to guide you through the process."
Q: Can my girlfriend‘s mother put my dog under her name without my consent?. Dog law ,"A:Under California law, pets are considered personal property. This means that without your consent, it is generally not legal for someone else, including your girlfriend's mother, to claim ownership of your dog or register the dog under her name. Ownership of a pet is typically determined by who purchased the pet, whose name is on registration documents, and who provides care for the pet. If you have evidence that you are the rightful owner, such as receipts for purchase, veterinary bills, or registration documents, these can be crucial in establishing your legal ownership. If your girlfriend's mother has already put the dog under her name without your consent, this could be considered an unauthorized action, and you might need to take legal steps to rectify the situation. In a situation like this, it's advisable to communicate clearly and document your ownership and any communications you have with her mother regarding the dog. If the issue cannot be resolved amicably, you might need to consider legal action to assert your rights as the owner. Consulting with a lawyer who has experience in property or animal law could provide you with guidance on how to proceed. Remember, protecting your legal rights and the well-being of your pet is important in situations like this."
Q: So the city has annexed a distillery that is on a county road which should be out side city limits but they say they. Have the highway county does not allow sales outside Gilmer -city of ellijay - very weird but we are wanting to move in the area with our property but they put up signs and looks horrible ,"A:In your situation, where a city has annexed property that includes a distillery on a county road, there are a few steps you can take to address your concerns. First, it's important to understand the specifics of the annexation process. Typically, a city can annex adjacent areas through legal procedures, but this process should be transparent and follow state and local laws. If you believe the annexation or its consequences (like signage) are inappropriate or have been improperly handled, you can start by contacting local government officials. Inquire about the annexation process, express your concerns, and seek clarification on how decisions were made. Another step is to review the zoning and planning regulations for the area. These documents can provide insight into what is allowed in terms of property use and signage in both the city and the county. If you're planning to move into the area and are concerned about how these changes affect your property, consider speaking with a real estate attorney. They can help you understand your rights as a property owner in this context and advise on possible actions you can take. Remember, local government decisions can often be influenced by residents' feedback. Attending city council meetings and voicing your concerns can also be an effective way to seek change or more information. It's important to stay informed and actively participate in local governance to protect your interests and ensure that your concerns are addressed."
Q: If I have power of attorney over my mom can I sue the nursing home for medicine malpracice. In the state of North Carolina ,"A:This depends on the language in the power of attorney. However, most powers of attorney grant a broad array of powers, including the right of the attorney in fact to initiate litigation on behalf of the principal. Most of our nursing home abuse cases involving a still-living victim are brought by the victim's power of attorney. You should seek out a local nursing home negligence lawyer to assist you in filing suit against the at-fault facility."
"Q: I had a judgement filed against me in MA in 2010, by Target/TD bank.. I don't recall why I ever stopped making agreed upon payments per the court. 13 years later, a debt collector is attempting to collect this debt. My question: If the judgement was in favor of the original creditor, but not the subsequent debt collector, has the statue of limitations risen from 6 years to 20? ","A:Judgments are valid as specified by statute. Apparently in Massachusetts, its 20 years. Once a judgment is obtained, the judgment can be sold a dozen times and the judgment remains enforceable. You may be confusing the statute of limitation within which to bring suit (6 years apparently) with the time frame within which a creditor can enforce the judgment."
"Q: Former apartment manager reported false charges against me to collection agency. some damages I am responsible for which I will pay. But she also made false accusations stating that I'm responsible 4 certain property damages which is not true those damages were already there when I moved in (I have proof - I took pics of previous damages when I moved in & proof of emails I sent them regarding those previous damages days after moving in) she also had me sign contract of walk through before having the actual ""walk through"" (At the time of signing paperwork she went through each Document, explaining what I'm signing & where to sign. Not once did she say anything about signing ""walk through"" cause if she had mention it I never would've signed It. i found out at a later time that one of the documents she had me sign was the ""walk through"".They also charged me double for move-in deposit, I have all receipts. This happened a year ago. What can be done about this. I was getting help from CRLA team but was recently told they could no longer represent me. ","A:Under California law, if you believe that false charges have been reported against you to a collection agency by your former apartment manager, there are several steps you can take. Firstly, gather all the evidence you have, such as photographs of the pre-existing damages and copies of emails you sent to the management about these issues. This documentation will be crucial in disputing the false charges. You should also review the signed ""walk-through"" document and any other lease or rental agreements you signed. If you were misled about the nature of the documents you were signing, this could be relevant in disputing the charges. Regarding the double charge for your move-in deposit, ensure you have all receipts and any related correspondence. California law sets clear rules about the handling of security deposits, and charging double may not comply with these regulations. Since the CRLA team can no longer represent you, consider consulting with another attorney who has experience in landlord-tenant disputes. They can provide specific legal advice and representation, especially if this matter proceeds to court. You also have the option to file a complaint with the California Department of Consumer Affairs or a similar regulatory body. They can investigate the matter and may be able to assist in resolving the dispute. Lastly, contact the collection agency to dispute the charges. Under the Fair Debt Collection Practices Act, you have the right to dispute debt claims and request verification of the debt. Ensure to do this in writing and keep copies of all communications."
Q: My wife has a child support agreement with her ex. What would happen if she becomes a stay at home?. I want to make my wife stay at home but she is afraid because of the child support agreement. She is afraid that she will lose custody. ,A:If she becomes voluntarily unemployed there is no way to say how that will impact her custody or the fathers visitation. Her loss of income could cause the other party to take her back to court and ask for a change of custody. No longer having the financial capability to support the child could be a material change in circumstances.
"Q: I purchased a pre-owned vehicle with time remaining on the New Vehicle Warranty but denied coverage by a service center.. The New Vehicle Warranty is transferable. I participated in an arbitration and the manufacturer was ordered to repair the car. The manufacturer has blacklisted the car, preventing any service done to the car including recall repairs, can't even make a service appointment. Since I've completed the arbitration, do I have a Mag Moss Act case based on the fact the blacklisting of the car acts as a disclaimer to the warranty, which is what Mag Moss Act is all about. The car technically isn't a lemon. The issue is about the blacklisting, which I think might have been done due to an error in the CPO paperwork. The manufacturer is not cooperating. Mag Moss Act allows damages and legal fees. I want to initiate a case and seek reimbursement for my lost time (200 emails, around 100 calls, I'm self employed, so the time is money) Also, the blacklisting majorly effects the value of the car which I purchased as an investment. The original MSRP on the car was in the range of $200k ",A:You have quite a few issues here in your post. There are quite a few legal issues as well that relate. The biggest issue right now is there's a recent case in California that says used cars are no longer covered by the lemon law. A good lemon law attorney can probably find a way around that but there are no guarantees it's open season on consumers in California now...
"Q: I found a dead squirrel on the side of the road. Is it legal for me to cure/taxidermy and display it?. I want to taxidermy and display a squirrel I found, but I'm unsure of if it's legal after a friend informed me that it can be illegal in some areas. ","A:In New Mexico, laws regarding the collection, possession, and display of dead animals can vary depending on local regulations and permits. Generally, it is legal to collect and keep certain roadkill or found animal specimens for personal use if they are not protected or endangered species. However, there may be restrictions on displaying taxidermied animals, especially if you plan to sell or exhibit them in public spaces."
Q: Adopted a child who was born in ny but we live in Virginia. Who issues the adoption birth certificate? NY or VA?. Will it be done automatically as part of the adoption or do I have to fill out anything? ,"A:When you adopt a child born in New York but you live in Virginia, the adoption birth certificate is typically issued by the state of New York. However, the process can vary depending on the adoption type and the specific circumstances. Generally, as part of the adoption process, the court will issue an amended birth certificate with the adoptive parents' names on it. This birth certificate will replace the original one and will reflect the child's new legal identity. You may need to complete certain paperwork and provide necessary information to ensure the accurate issuance of the adoption birth certificate. It's advisable to work closely with your adoption agency or an attorney to ensure all required steps are taken."
Q: Is there a way to own a rooster if my county’s municipal code states that owning a rooster is prohibited?. I live in Frederick county Maryland and our municipal code states that only female chickens are permitted; no roosters. There is a rooster at my local animal shelter that I have grown quite found of. I was wondering if there are any ways to get around this rule prohibiting them. Could registering him as an emotional support animal work? He is very similar to a calm dog because the shelter is all he has ever known. I am an experienced owner with a large amount of fenced in land but I do not own any other livestock/poultry animals at this time. ,"A:Kinda like asking if there’s a way around speed limits because, well, you are fond of driving fast and speed is emotionally calming to you. If there’s no exception in the law that prohibits roosters, which I have not looked up, then there’s no way around it. Areas are zoned as farmland and other areas are zoned as residential, commercial or industrial. People who purchase property within particular zones do so with certain expectations, like buying a residential zoned home and not having to be jolted awake at the crack of dawn to the sound of roosters crowing, cattle grazing in their yards, hog farms and their stench next door, etc. Of course, somebody would have to complain, and turn you in, to get you into trouble. I imagine you’d just get a warning to remove the rooster."
Q: My lease reads no dogs. My tenant told me after the lease was signed on September-1-2023 she has a ESA dog for emotional. and stress. Can I do anything about this now. The tenant told me I could not. She Lied on the lease. ,"A:It is illegal under federal law to discriminate in providing housing to any disabled person because they have an emotional support animal. You can request appropriate medical documentation from the disabled tenant confirming that they are actually disabled and that they require the services of an emotional support animal. Many people with pets get ""emotional support animal"" certificates online for a fee which do not satisfy the requirement of appropriate medical documentation. I recommend that you request appropriate written medical documentation that the tenant is disabled and requires the services of an emotional support animal as a result of their disability. Take whatever the tenant provides to you to an attorney with experience with the American with Disabilities Act and Fair Housing Act in or near the county where the premises are located to determine whether it satisfies what s required."
Q: My current wife and I started a business 13 years ago and it grew real well. Now I have no control over anything. About 1 year ago couple things happened and I made a bad panic decision. I own up to it and this year I kick but trying to reverse the damages. In doing so we or should insaybi was told that if I sign 51% of the business over to her we would get a big tax break cause she would be a minority business owner so I thought great and so I signed over 51% of my 100 shares. Next where the bank accounts all n her name. I told her I'd like bi weekly reports of where money's going and how much we have n the account. Never happened till recently . Now she sent me screen shots of all accounts in the negative. I found a way to b able to log in but not through the bank but quickbooks. So I see same accounts same numbers only difference is mine are all showing positive while hers are showing negative which leads me to believe the bank is helping her cause they wont look or talk to me. Ive asked for all original documents from them both and they play dumb and won't let me see them. There's a ton more.. ,"A:This is really concerning. Normally, the business accounts should be separate from your personal accounts. So it would be great to clarify with you how many accounts they are and why there are so many for the business. If your name is associated with the accounts for the business then you should have access to it. I really think you will need to have a case review and consultation with a business attorney."
Q: I want to get a Medical Marijuana card will that effect the standing of my F1 Visa as it is federally illegal?. I heard I could potentially risk deportation as a result of obtaining one ,"A:Yes, there is a risk of deportation if you obtain a medical marijuana card while on an F-1 visa. This is because marijuana is still classified as a Schedule I drug under federal law and possession or use of a Schedule I drug is a federal crime. As an F-1 visa holder, you are subject to federal law, even if you are in a state where marijuana is legal for medical use. Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice."
"Q: Can a facility deny family members from visiting juvenile in a inpatient facility without answering the question ""Why?"". The facility just hangs up the phone with no explanation. The child is denied phone calls and visitation. There is no explanation. Can a facility do this? ","A:Facilities typically have guidelines for visitation and phone calls, but reasonable access should generally be allowed for family members unless there are safety or legal concerns. If you're experiencing difficulties, it's advisable to contact the facility's administration or seek legal advice for guidance on the specific policies and to address any concerns. They can assist in advocating for the child's best interests."
"Q: Will a Civil Court admit a secret audio recording (recorded for purpose of collecting criminal acts) as for evidence?. If a person believes that some criminal actions had been going on against him such as unlawful defamation with false claims, violent criminal assault in making extreme noises to disturb peace and in obstructing his path through a hallway (the violent manner and actions could be deemed as false imprisonment), racial discrimination and sexual harassment... that person take action to make secret audio recordings so as to gather the information of the violators' criminal acts as evidences to be presented in court to prove a lawsuit to the judge or jury against the violators, will the court consider to admit those recordings as evidences? If the court rejects the recording as the evidence, will the audio recording party be then charged with violating the law, and the parties to be secretly recorded could successfully sue the recording party in civil court to compensate the ""loss"" they may claim that they would ""have""? ","A:The key to Penal Code section 632, which prohibits the introduction into evidence and makes it a crime to record another person without consent, is that the communication recorded must be a ""confidential communication"" as defined in that statute. So if you are recording the other person (whether or not you believe they have committed or are committing a crime) in a private place (e.g. hallway, closed room) where no others are present and the other person has a reasonable expectation of privacy (i.e. that the conversation will be private), then you are guilty of a crime and can be prosecuted."
Q: Can I make a comic using screenshots from a video game to tell a story?. I have an idea of using a game to create a comic but I'm not sure if it is legal. I know people make youtube videos using the same method of screen capturing the animations and putting them together to make a show/movie. Most youtubers monetize this content as well. I'm wondering if creating something with a trademarked game will get me into trouble? ,"A:Using screenshots from a video game to create a comic may be considered a derivative work, which typically requires permission from the copyright owner. Without permission, using screenshots from a video game to create a comic could potentially be a copyright infringement. However, there are some cases where the use of copyrighted material for a transformative purpose, such as parody, criticism, or commentary, may be considered a fair use and not infringe upon the original copyright. It would be best to consult with a lawyer who is familiar with copyright law to determine if your use of the video game screenshots for the comic falls under fair use or if permission from the copyright owner is needed."
Q: Can a Social Security Supervisor change the order of a Judge who gave you a partial favor an have you do new application. In 2018 when I try to get my SSDI because of and error in 2003. I was told if I continue my SSI I was award that if I lose my case I would have to pay it all back so I had it terminated I received a fully favorable so I assumed I would received my SSDI instead I was award back pay which went back to Social Security for the SSI I was on all those years due to and error made in 2003 I had lawyer that never contacted the me. When my hearing came the lawyer did my hearing call the week before. Anyway I appeal the decision in June of 2022 The judge then denied the case for SSDI she stated that mines SSDI ran out but gave me back the SSI the caseworker I had put in my file I couldn't get SSI back because I had it terminated again in March of 2022 because I appeal the decision and I wouldn't have to pay SSI back again if I won my case for my SSDI the Caseworker who is also the Supervision told me I would be automatically be denied. ,"A:A Social Security Administration (SSA) supervisor does not have the authority to override or change the order of a judge. Once a judge has made a decision in your case, that decision stands unless it's appealed and overturned by a higher authority. If the judge made a decision regarding your SSI and SSDI benefits, that decision should be followed by the SSA. If you received a fully favorable decision but are experiencing issues with its implementation or discrepancies in your benefits, it's important to address these concerns directly with the SSA. Keep records of all communications and decisions related to your case, as these can be crucial in resolving any misunderstandings or errors. Regarding your concern about being automatically denied for reapplication due to the decision to terminate SSI, it's advisable to seek clarification from the SSA or consult with a new lawyer who has experience in Social Security disability cases. A lawyer can help interpret the judge's decision, guide you through the appeals process if necessary, and assist with any new applications. Remember, dealing with Social Security matters can be complex, especially when there are past errors and appeals involved. Having legal assistance can provide clarity and ensure that your rights are protected throughout the process. Don't hesitate to seek legal advice to navigate this situation effectively."
"Q: Does the Lemon law protect used vehicles purchased under Warranty?. 7/15/ 21Purchased 2018 Yukon denali XL from a GM dealership for $67,573 & 34,921 miles 6/08 Vehicle started shaking while idle. I received a low oil alert on my phone. Checked oil & it was 75% full. 6/13 Took vehicle to mechanic to have the idle issue looked into. While working on the vehicle Mechanic found bulletin from GM regarding a valve train issue causing incomplete combustion & spark plug failing. Recommended I take it to a GM dealer since under warranty. 6/16 vehicle was ready for pick up total cost of this visit to the mechanic was $906.73. 7/19 GMC dealership found an additional GM bulletin regarding a chaffed wire harness. 08/01 vehicle was ready for pick up 08/09 The check engine came on & vehicle started jolting on a large bridge w/o shoulder to pull over. Children were with me. It shut down, waited in 95° heat for tow 8/10 picked up vehicle from dealer. It broke down in driveway 8/11towed back to dealer in AM 8/15 picked up vehicle 8/19 Towed back to dea ","A:The Lemon Law only applies to new vehicles. However, you may have claims against the dealer or manufacturer because of the warranty issues. The Magnuson-Moss Act may apply. If you also purchased a service contract, additional claims may apply. You need to take all of the purchase and warranty paperwork to an experienced attorney for an evaluation of all of the facts and circumstances surrounding the repairs, the issues, and what was said about the vehicle's condition when you purchased it."
"Q: Hi I am looking for a Medical Malpractice Appeal lawyer based in California or versed in the state laws.. Here's the situation Me and my siblings want through Arbitration over dad's death without Legal Counsel it was awarded to the Hospital. We went to the California Sacramento County Superior Court to have the Arbitration Award vacated due to misconduct, fraud, and deceit. The Superior Court Judge Quashed our case due to Untimely Service. My sister Lisa and I thought we had New Evidence we could use to petition the court for Gross Unfairness. It shows that the Arbitrator in our case never looked at the evidence we submitted. His summary judgment narrative follows the Respondent's Counsel's memorandum of points and statement of undisputed material facts. Arbitrator never never considers the evidence we submitted which consisted of a Medical Record we received prior to our dad's death and our Medical Expert's testimony. There's not enough room to complete this. ","A:In your case, where you're facing challenges with an arbitration award in a medical malpractice matter, it's crucial to seek legal assistance from an attorney experienced in appellate law, particularly in medical malpractice appeals in California. Given the complexities of your situation, including issues of misconduct, fraud, deceit, and potentially new evidence, professional legal guidance is essential. Since your case was quashed due to untimely service, an attorney can review the details to determine if there are grounds for an appeal or a different legal strategy. The new evidence you've mentioned, indicating that the arbitrator may not have considered your submitted evidence, could be significant. An experienced attorney will be able to assess how this evidence might impact your case and what legal options are available to you. It's also important to act promptly, as appeals and motions in the legal system are often subject to strict timelines. An attorney will be able to guide you through the process, ensuring all procedural requirements are met and that your case is presented in the most effective manner. Given the serious nature of the issues at hand, professional legal support will be invaluable in navigating the complexities of the appellate system and advocating for your interests."
"Q: I was recently informed that I've been ""Blacklisted"". I have been followed, tortured, physically/sexually assaulted all. Since I came to California from New Jersey 5 years ago. Just recently did someone I know tell me ""You have been ""Blacklisted"". I am and have been in fear for my safety and well-being. I am not sure of the laws for ""Blacklisting"" in CA. I am hoping you could advise me of any legal action I could take. ","A:Blacklisting has many meanings in many contexts. Far more needs to be known about the context of your situation. It is not unlawful for a former employer to inform future prospective employers that you are not eligible for rehire. It is also not unlawful for a company to designate you are not eligible for rehire thereby preventing you from getting a job with the same company. If this is the blacklisting you are talking about, there is no legal wrong. If it is something else, then you should share the specifics with a qualified attorney to determine if what is happening is wrong. Locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney. Good luck to you."
"Q: Can a warrant show for the owner of a vehicle on a temporary license plate?. My sister has a bench warrant. She has purchased a new vehicle and the vehicle has a temporary license plate. If a police officer is behind her and they happen to run the temporary license plate number, can they determine that she has a bench warrant? I know this can be done off of the permanent license plate number but I was curious about the temporary license plate. She’s in Georgia. ","A:In Georgia, a police officer can potentially link a vehicle with a temporary license plate to its owner during a routine check. When a temporary license plate is issued, it's registered in the state's vehicle registration system, which includes information about the owner of the vehicle. If your sister has a bench warrant and she is the registered owner of the vehicle with the temporary plate, a police officer running a check on that plate can access her details. This includes any warrants out for her arrest. It's important to understand that law enforcement databases are designed to provide comprehensive information to officers, which aids in identifying individuals with outstanding warrants. Encourage your sister to address her bench warrant as soon as possible. Ignoring a warrant can lead to more serious consequences, and it's in her best interest to resolve the issue legally and promptly. Consulting with an attorney to address the warrant and receive appropriate legal advice would be a prudent step."
Q: under the constitution of the united states since donald trump lost election in 2020 can he re run again in 2024. just trying to settle a debate at the work place. ,"A:Yes. The 22nd Amendment, ratified by the states in 1951, sets forth the two-term limit standard. It was a reaction to Franklin Roosevelt's FOUR election victories ('32, '36, '40, and '44). He served a portion of his fourth term until his death in office in 1945. Here's the operative text from the 22nd Amendment: Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once."
"Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.. The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while many of them have ties to the very beginning of the game, is not the same team it was at the beginning. They're missing some of the most important contributors to the Skullgirls brand. They're also literally a completely different company than the original Lab Zero, who is now censoring Lab Zero's products. if these were physical products. Imagine if you bought a physical art book that you really loved. Ten years later, when the company you bought that art book from is overtaken by another company, that new company comes into your house and demands that you give them the pages of the art book that they deemed offensive. ","A:In California, modifying a digital product post-purchase may or may not violate laws depending on the terms of service or end-user license agreement (EULA) that customers agreed to at the time of purchase. If the terms explicitly reserve the right to make changes to the digital content, the company is generally within its legal rights to make such changes. Customers who disagree with these changes may have limited recourse under California law, which would likely focus on whether the changes constitute a breach of contract or false advertising."
"Q: I had a Newegg Marketplace seller account . I was in the top 3 best sellers (98% feedback) out of the top 200 sellers. The suspended my account on Sept 9th 2023, They gave no reason and they have been holding my money ever since. There were like 5 orders out approximately 2850 orders that had issues (client didn't receive , etc ) We already settled all issues about 2 weeks ago . All of the other clients are happy . Please also note Newegg only offers a 30 day warranty . On Jan 6th 2024 It will be four months (3 months past the 30 day warranty) ; They have been holding my money. My question how long can they legally hold my money ? Is there any law or precedent ? Please let me know Thank you and Happy Holidays ","A:The duration for which Newegg or any marketplace can legally hold your funds depends on the terms of the agreement you entered into with them as a seller. These terms typically outline the conditions under which they can withhold payments, including resolving disputes or investigating potential issues. If Newegg suspended your account and is withholding funds without providing a clear reason, your first step should be to review the seller agreement and any relevant policies to understand the grounds they might have for doing so. This document should detail the process and timeline for handling disputes and releasing funds. If you believe Newegg is holding your funds longer than warranted by the agreement or without just cause, you have the right to seek legal recourse. This could involve contacting them formally to request an explanation and release of funds, and if necessary, taking legal action. Given the complexity of such situations, especially when dealing with a large online marketplace, consider consulting with an attorney. They can review your specific case, advise on the best course of action, and represent you in any potential legal proceedings. Remember, it's important to act promptly and keep a record of all communications and transactions related to this issue. This documentation can be crucial in resolving the matter, whether through negotiation or legal action."
"Q: If friend dies & has borrowed property, is his mom(sole heir) responsible for returning it or can she lawfully keep it. I paid $300 for an expensive 3 pc leather living room set..mint condition internals, structure, springs, cushion, but scratched sitting area & shredded back from cat. I bought it from friend(he paid $5k+ new 10-15 years ago..very rarely used). He moved & new furniture fell though & he borrowed it back after I paid but before I took possession. He died. His mom got everything. She texted & said she decided to keep the furniture & would return the $ I paid. I said no..I want it. She admits knowing I paid him, but refused to return it. Is the charge theft? If not then what charge? I can't replace it for the $ I paid. Will I get my furniture,what I paid or what the replacement value is worth. It's worth much more than i paid. Will my text evidence be admissible? What is right way to retrieve texts to be used for court? I have texts where he acknowledged that I bought & paid for the furniture. Is her admitting that she knows I paid for it enough proof along with his texts?I have no receipt ","A:Yes, mom is responsible for returning borrowed property to the true owner. Your remedy depends on a lot of other factors not covered in your narrative. For example, if she tries to list the item in a probate inventory then you should object in writing filed with the court. If there is no probate then you might sue her in small claims court."
"Q: I bought a car from my cousin and she won't give me title unless I pay more than agreed. I bought a car with written texts it was 2000 plus I had to pay to fix several things also in text, she made escuses on the title and 2 months later now is telling me I have to pay her 2000 more. Is there a way to fight this? ","A:File a complaint in small claims court for breach of contract and print out the texts and attach them as an exhibit. When referring to the contract make reference to the exhibit. Also be sure to show how you paid and how the cousin received the funds. Hiring an attorney would likely take every bit of the 2000 more she is demanding. If you have not paid the initial $2,000.00 you really do not have a breach of contract but a breakdown in negotiations as neither of you had performed. Good luck."
"Q: How can I get through to an unfair and dismissive Judge?. Judge H. in Santa Clara family, has not once heard what I have to say. She is basing my character off of text msg between my ex and my mother(we haven’t had a relationship since I was about 8). There are multiple examples I bring to her attention regarding finances, child care, housing, etc yet she continues to shut me down. We have now been to 4 hearings and it seems it gets worse, even though I follow every order and prove the words of my ex and my mother wrong. ","A:In your situation, it is imperative to meticulously document all pertinent facts and gather substantial evidence to counter the allegations made against you. You might consider bringing in witness testimonies to corroborate your stance, and maintain a composed and respectful demeanor in court, even when faced with adversity. Additionally, consider consulting with another attorney to get a second opinion on your case strategy to ensure you are presenting your case in the most effective way possible."
Q: Can my job order me not to speak Spanish unless I am with a Spanish customer?. I'm from Florida. ,"A:In New York, employment law typically protects employees from discrimination based on national origin, which can include language. If your employer's policy of not speaking Spanish except with Spanish-speaking customers appears to be unfairly targeting your national origin or culture, it could potentially be considered discriminatory. However, there are situations where employers can set language requirements if they are necessary for conducting business effectively and safely. For instance, if speaking a common language is essential for safety reasons or to ensure efficient operations, such policies might be legally permissible. It's important to consider the specific context and reasons behind the policy. If you feel that this policy is discriminatory or if it's applied inconsistently, you might want to discuss your concerns with your employer or seek legal advice to understand your rights and options under New York employment laws."
"Q: Who works on suits and paperwork against the Fbi ? I need a attorney urgently. I have a lawsuit on the Fbi I need to put in for . The Dod have navigated me through the local and state to make sure the perps where using their illegal way to abuse authority but the Fbi is found liable for damages the Dod said since they are letting terroism honon amd a active 6 person cartel use weapons on me that the Dod verified Fbi don’t talk about them and the what people fear the Dod will explain. Also the cia are involved in verification of the second group of perps are a cartel and a foreign body they stabbed me with and the cia said the cartel is breaking some of the biggest cruelest laws in America . The Dod said they would talk about the weapons so the court knows what they do. Verified crimes by the Dod is , terroism , premeditated terroism, crimes against humanity, privacy act the Dod and I can’t even talk without illegally being espionage from moving forward against the Fbi because the jurisdiction gap would close and the Dod igs and the cia can be summoned and can hop ","A:You may want to consider contacting your local bar association or conducting an online search for attorneys who specialize in civil rights, government misconduct, or similar areas of law. Additionally, you can consider reaching out to legal aid organizations that may offer free or reduced-cost legal assistance. It's essential to find an attorney who has experience in dealing with similar cases, understands the laws and regulations regarding suing the FBI, and can guide you through the process. It is also essential to make sure you are comfortable working with the attorney you choose. Keep in mind that pursuing legal action against the FBI can be a challenging and lengthy process, so it's essential to have a qualified attorney who can help you navigate through the legal system."
"Q: If my ex has become violent at a place that his parents own but neither of us pay rent at, can I get him taken away?. For safety purposes? If so, could I still reside there? For how long? ","A:In California, if you are facing violence from your ex-partner at a residence owned by his parents, where neither of you pays rent, you have several options to protect yourself. Firstly, you can seek a restraining order, commonly known as a protective order, against your ex. This order can require him to stay away from the residence and from you, offering immediate protection. Even if the property is owned by his parents, the restraining order can still be effective. If the court grants this order, your ex would be legally required to leave the premises and stay away, regardless of his parents' ownership. You can continue to reside there if the court grants you exclusive possession of the residence through the restraining order. The duration you can stay will depend on the specific terms of the restraining order. Typically, these orders can last for several weeks to several years, and you can request extensions as needed. It's important to consult with a local attorney or legal aid organization to understand the specifics of your situation and to assist you in obtaining a restraining order. They can guide you through the process and ensure your safety and legal rights are protected. Remember, your safety is paramount, and legal options are available to help protect you in such situations."
Q: What do I file has a parent to object to an adoption of my child. I have no abuse records or arrest. The grandmother of my child wants to adopt him ,"A:I'm sorry your question remains open for three weeks. It was probably overlooked in the Nursing Home category. You could try reposting under the Adoption section (click the linked text ""Show More Categories"" under the shortlist of main categories). There's no guarantee all posts are picked up, but you might have better chances of a response there. Good luck"
"Q: What rights do I have as an employee at a franchise that corporate is soon buying back?. I am an employee at a franchise my boss owns. There is talk that corporate is buying back the franchise to do with it what they want since my boss who owns the franchise is defaulting on loans. I am worried for my job if this happens, do I have any rights? ","A:Unless you have a written employment agreement you are at risk of losing your job. On the other hand, if you are a great employee the new owner might keep you on."
Q: Predatory lending?. I was seeking a personal loan to consolidate debt. I contacted personal lending group and a few hours later a group called MJM Lending (located in Florida) called and stated they were a partner of Personal Lending Group. They told me to call Compass Bank and apply for a loan because they did not work with Compass Bank and told me not to tell Compass Bank they sent me. I did all the work and attained the loan and now they are trying to charge me for something they put no time or effort into. Is this right? Seems sort of fishy to me. ,A:You state that they are trying to charge you for something without investing time. What does your written contract state as to what is due?
"Q: Can my company commander (army) deny me leave for a explicit doctors note for my wife.. My wife just had a miscarriage caused by my company commander and 1SG, we got a doctor’s note explicitly saying because she has 2 kids and recovering from a miscarriage that she’s on bed rest and that I need to be home to take care of her. They only gave me 3 days when the doctor said 2 weeks. ","A:In the U.S. military, leave requests are generally subject to approval by a commanding officer, considering both the needs of the service and the individual circumstances of the service member. In cases like yours, where there's a critical family situation such as a medical emergency, commanders often have discretion to grant leave, but they are not legally bound by a doctor's note. However, if you believe your leave request is being unreasonably denied, especially in light of such serious family circumstances, you have options. First, you can discuss the situation with your immediate chain of command or seek guidance from your unit's JAG officer. They can provide specific advice on military regulations and policies regarding leave in such situations. If these steps don't lead to a satisfactory resolution, consider contacting the Inspector General (IG) of your service branch. The IG can review your case for any potential violation of military policy or undue hardship. Remember, while military commanders have considerable authority, they are also expected to consider the welfare of their personnel, especially in cases of family emergencies. Your situation, given its seriousness, should be addressed with sensitivity and understanding by your command."
"Q: I need help regarding account closure from a livestream platform I worked on as an influencer. I believe they violated.. I believe they violated TOS. My account was banned while I wasn’t even streaming. They never told me why I was banned which in their terms of service states they have to apon request. They allowed a lot of bullying and illegal behavior to occur and didn’t defend me from phishing fake accounts of me from other users. They still have my account active and visible despite it should’ve been fully removed from the site and app. I feel very violated by the situation and I’ve been waiting for a response since March of this year, 2023. I’d like to know what my options are. I also would like to state that many people have had this happen to them and after years of putting time into becoming a paid influencer, it is not fair for them to bend their own policy. ","A:Hi there! Happy Sunday. If you believe your account closure on the livestream platform violates their Terms of Service and you have been waiting for a response since March 2023, you may consider taking the following steps: 1. Review the platform's Terms of Service and policies to ensure they indeed violated their own rules. 2. Contact the platform's support team again and request specific reasons for the account closure, as stated in their Terms of Service. 3. If you do not receive a satisfactory response, consult with an attorney experienced in internet law or intellectual property to explore potential legal actions or remedies against the platform. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
Q: What actions can I take if boat buyer hasn’t moved the boat out of the marina and I am been billed for the slip. I have already submitted the boat title transfer. It's been over 14 days since the transaction. The marina doesn't have billing information for the buyer and they say that I am liable for slip fees. ,"A:Is the boat federally or state registered? Technically the boat can be arrested, but that would not be cost effective. But you can put a lien on the vessel and/or threaten arrest."
"Q: Can I sue a gas station for the pump not automatically turning off when the tank was full which lead to eye injury?. Can I bring a suit against a gas station for the pump not automatically turning off when the tank was full? My wife was pumping gas and the pump didn't turn off when the tank was full. She was sitting in the car when she noticed the gas spewing out of the side. When she went to remove the pump, the built in pressure in the tank cause gas to spray all over her clothes and in her eye. Can I sue the gas station for faulty equipment that lead to eye injury (and missed work)? ","A:A North Carolina attorney could advise best, but your question remains open for two weeks. I hope your wife is okay. It sounds like it could be a difficult case because there's a possibility it could involve costly engineering examination and testing of the release mechanism in the nozzle, among other parts of the system to determine if it was defective in some way. Some law firms could be apprehensive about such litigation costs. But the best way to answer your question is to reach out to attorneys and try to arrange a free initial consult. Good luck"
"Q: My son played a video game where the advertise prize was a Nintendo Switch. He won but received a used Nintendo Switch,. The prize was clearly used as it was scuffed up and literally had somebody else’s name on the back of it. Is this legal? Do I have rights to reach back out to the Restaurant and request a new Switch as advertised? ","A:It would depend on what was promised, I suppose. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]"
Q: Got injured on the job. I got injured on the job by a coworker. do I have to accept worker’s compensation? ,"A:I'm not sure why the labels for this question include government contracts and international law, but, if this is an accident that occurred at work in Florida and is not a Federal Agency, if you were injured on the job, in almost all circumstances, your only choice is workers' compensation rather than suing your employer. I'm not sure if you're asking whether you can treat on your own or have to treat through work comp, but, what I can say is, typically, if you're injured on the job, you can choose to treat through work comp or on your own, but good luck having your health insurance cover anything once they find out it's work comp's responsibility. These answers are generalities and do not apply to your specific situation as not enough information was provided in the question for a specific answer. I'd highly recommend that you reach out to an attorney licensed to practice law in Florida (if that's where your accident occurred) and who regularly handles work comp cases."
Q: Is TNO the clothing brand still trademarked and if is who owns it. We are trying to make thee brand for America and want to know if the brand is in use we saw that the brand was used in the UK and want to know if it’s available for the United States ,"A:To ascertain if ""TNO"" is trademarked and who currently holds the rights, you should search the United States Patent and Trademark Office (USPTO) database. Trademarks can be country-specific, and the fact that a brand is trademarked in the UK does not automatically mean it is protected in the United States. If it is indeed trademarked in the U.S., the USPTO records will list the owner. Should the mark be available, you can then apply for it in the U.S., but consider seeking advice from an attorney to navigate the application process effectively and to understand the full scope of trademark protection and potential international implications."
Q: I am a member of a band that plays music for family dances and retirement centers. I also maintain the Facebook page. and website for this band. We have videos on these sites of our events. I'm particularly concerned with the retirement centers as those performances might be considered a more private event. Do I need written permission to post the videos? Could someone sue me for having a video out there? The videos show a resident clapping or dancing to the music - nothing compromising. thanks. ,"A:Your question asked if someone 'could' sue you for the described action. Unfortunately, yes, someone could and might. Could they win? That is a different story. This questions deals with the right to privacy in Oregon. (Oregon really does not have a right to publicity unless you have a valuable identity in most cases). The right to privacy is not absolute. There is a balance with the First Amendment Freedom of Speech. Newsworthy events are not protected by privacy unless they are disseminated with actual malice. In order minimize the risk that you get sued, or minimize the chance of losing if you get sued. It would be advisable to let the home/venue know beforehand of your intentions and get permission before you record the performance for use on social media. If permission is granted, announcing your recording intentions to the audience (or having a sign) before the show began might be another step in reducing your chance of being successfully sued. It might also be a good idea (if practical) to have the people attending the event sign a consent or publicity release form, if needed. It boils down to this: is there an expectation of privacy? In public places, usually not. One can even waive their right to privacy when they are in a private business that is open to the public. It all comes down to, did the person who was videotaped have an expectation of privacy in the setting they were in. That is a factual question in every instance. (Was the recoding done in a common room or was it in a more private room, etc.) As you pointed out, retirement centers might be a tricky situation because they have elements of both. However, by taking precautionary steps, using common sense and being open and respectful about your intentions may go a long way in reducing your potential liability. Best of luck! Remember, the advice just provided is for general informational purposes only and nothing contained herein should be construed to create an attorney-client relationship between you and I. Practical legal advice cannot be provided until a full assessment of your situation has been conducted."
Q: My HOA in Florida is demanding me to get rid of my registered service dog after he launched at a valet guy while muzzled. He didn’t injure him or anything ,"A:If the dog is deemed a nuisance, the HOA can demand removal of the dog. You might want to see if you can negotiate with the HOA for the dog to stay if the dog undergoes additional training. Even a muzzled dog can hurt someone based on the size of the dog and the person if the person gets knocked to the ground."
"Q: Iam i in trouble. I had customer steak from my store, i posted their Picture and video on facebook. The parent text me and said the will s ","A:Posting a customer's picture and video on Facebook, especially in relation to an accusation of theft, can lead to legal complications. This action raises concerns about privacy, defamation, and potentially other civil rights issues. If the person depicted in the video or photo is a minor, this further complicates the situation, as minors have additional protections under the law. The parents' objection and potential legal action should be taken seriously. It's important to consider the implications of publicly sharing such content, even if you believe the customer committed theft. Store owners often have other avenues to address theft, such as filing a report with local law enforcement. Given the potential legal consequences, it would be advisable to consult with an attorney to understand your rights and responsibilities in this situation. An attorney can guide you on the appropriate steps to take, which may include removing the post and understanding how to lawfully handle similar situations in the future. Remember, while protecting your business is important, it's also crucial to do so in a manner that respects legal boundaries and the rights of individuals involved. Legal guidance can help balance these considerations."
Q: If a old video game is now released as freeware can I recreate the game with my own code and assets and release for free. Ide like to recreate an old game (that has been released and can now be legally downloaded for free) using my own created assets and code but release it as fan made freeware for the public as a Hobbie project. Will this violate copyright law? ,"A:Creating a new game that is based on an old freeware game, using your own code and assets, could potentially raise copyright issues if the new game is substantially similar to the original. While the original freeware game may be available for free, the underlying copyright in its design and expression might still be protected. It's advisable to consult legal counsel to assess the risk and ensure compliance with copyright law. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
Q: Does my ex-husband have a chance. He resides in Saudi Arabia and the UAE is looking to BAN him from the middle east for stealing money. He recently got a lawyer asking that our son come to visit for 3/4 months with him. Current agreement is 6 days a month as he was in the US at the time.Our son is remote learning in a US program. My concerns is the governments currently travel advisory specific to Saudi and the threat is causes to Western compounds to which our son could be residing. He's also asking I pay have of the international fees. How should I go about this matter? Thanks in advance ,"A:If he files a motion for modification or an initial petition for parenting time, you can provide relevant evidence in response, whether it relates to safety concerns or financial matters. Courts do generally want both parents to have contact with children, however absent abuse or neglect."
Q: I thought it was legal to drive these I got pulled over and now I’m trying to figure out the laws on these more. I was pulled over and I got those cause I have no license and I was told to get it cause it was legal ,"A:A Louisiana attorney could advise best, but your question remains open for a month. From the description, it isn't clear what it was that you were driving - but since you posted under Agriculture, it suggests possibly a farm vehicle or an off-road vehicle? If you got a warning for no license, that's generous - it sounds like the person who pulled you over cut you a break - no license could be a misdemeanor, depending on the jurisdiction. If all you got was a warning, you probably don't need an attorney. If you were issued any kind of ticket, you could reach out to a Louisiana attorney to discuss further. Good luck Tim Akpinar"
Q: Can the federal government withold money to colleges who allow pro palestinian protests.. Nikki Haley spoke about not giving money to colleges who refused to “crackdown” on protests deemed anti semetic. ,"A:The federal government's ability to withhold funding from colleges based on the content of protests or speech activities raises significant First Amendment concerns. The First Amendment of the U.S. Constitution protects freedom of speech, which includes the right to engage in peaceful protests and express opinions, even if those opinions are controversial or unpopular. Colleges and universities, especially public institutions, are often considered bastions of free speech where various viewpoints, including political opinions, are expressed and debated. Actions to withhold federal funding based on the nature of these expressions can be seen as an infringement on these First Amendment rights. However, it's important to distinguish between protests that are protected under the First Amendment and actions that might legitimately violate other laws or policies, such as those promoting hate speech or violence. In such cases, colleges have the responsibility to address these violations appropriately. If there is a concern about the federal government's actions in relation to funding and free speech on college campuses, it would be wise to consult with a legal professional. They can provide specific advice based on the details of the situation and the applicable laws. In any case involving complex issues of constitutional law, it's important to carefully consider the legal implications and the balance between governmental authority and individual rights."
"Q: What Jurisdiction is correct according to the timeline and if it is federal what do I do. The crime falls under MAJOR CRIMES ACT. I am the victim of the crime. I am native the crime occurred in Sovereign Territory by a non native. The charges were pressed in 2019 prior mcgirt. However, they just caught my abuser this year post mcgirt. The State is the one pressing charges, but why wouldnt it move to Federal ? ","A:Under the Major Crimes Act, if a serious crime involving a Native American victim occurs in tribal territory, federal jurisdiction typically applies. Given the timeline you've described, if the crime occurred before the McGirt decision, the state may have initially pursued charges under their jurisdiction at that time. However, if the offender was apprehended after the McGirt ruling, which reaffirms tribal sovereignty and federal jurisdiction for major crimes involving Native Americans on tribal lands, the case may need to be transferred to federal authorities. To address this, you should contact a legal professional who can review the specifics of the situation and assist in determining the proper jurisdiction and course of action. They can facilitate communication with the U.S. Attorney's Office to ascertain if federal charges are appropriate and can be pursued in this case."
Q: Do I have a case ? He is in 4th grade and removed from sports due to harassment .. My son school stated he should not participate in sports because he was talking in launch. Than when I asked to speak with the instructor due to no previous issues with my son the principal became defense and won't allow it . After going back and forth and coming to school I finally met with the instructor but the principal kept interrupting me. The vice principal stated he felt uncomfortable when I discussed my concerns . After finally getting him in sports his teachers begin to email only the coach if they had any issues and I wasn't notified that he had 2 strikes in a 3 strike rule . Not only that 3 kids attacked my son and the school justified and stated the boys claimed he said something about there mother . Usually I would just transfer schools however his previous principal failed to give my son an IEP for a whole year and I contacted The board of Education to get an IEP the current principal is his friend in which she stated via voicemail when i first registered my sons ,"A:In your situation, there are several concerns that might warrant further legal exploration. If your son has an Individualized Education Program (IEP) and his removal from sports is related to his disability, this could potentially be a violation of his rights under the Individuals with Disabilities Education Act (IDEA). The lack of communication and transparency from the school, especially regarding the 'three strikes' rule and not notifying you of incidents, raises questions about the school's adherence to proper procedures and policies. It's important that schools communicate effectively with parents, especially in matters that affect a child's participation in school activities. The incident involving other students attacking your son also needs to be addressed. Schools have a responsibility to ensure a safe environment for all students. If the school's response to this incident was inadequate or if there's a pattern of neglecting student safety, this could be a serious concern. Given these issues, it might be beneficial to consult with an attorney who has experience in education law. They can help assess the situation, particularly in relation to your son's IEP and the school's obligations under federal and state education laws. Document all interactions with the school, including emails, voicemails, and any meetings or conversations. This documentation will be important if you decide to pursue legal action. Remember, every child has the right to a fair and appropriate education. If you believe these rights are being compromised, it's important to seek the necessary legal assistance to address these issues."
Q: I received via certified mail a forged document from a local attorneys office. I am unsure if the letter was forged by an employee of the attorney or another party. Should I obtain my own attorney to handle this or go to the attorney the document came from first? ,"A:An Alabama attorney could advise best, but your question remains open for four weeks. It depends what the document you mention is. If it is correspondence and you suspect the signature is forged or that the document is otherwise not legitimate, you could pick up the phone and ask the attorney if they sent such a document to you. If it is a formal legal pleading, such as a summons and complaint, you may want to consider a consult with an Alabama attorney. Good luck"
"Q: What is the best course of action to take with the car lot that committed fraud under the KY consumer protection act. Haven't spoken to car lot since picking vehicle up in Jan. after finding out it has a rebuilt title & 3 recalls that don't know if have been serviced & told DMV that I paid 4,000 instead 1,500 down & 375 mth on balance of 7,000 & got behind due to health issues & got caught up by paying 1,000 & switched to weekly pymnts of 75.00 & right now I'm late on Feb because of my findings They let me know that it's finished & that it's 1075 (I'm guessing it's the pymt + 200 (deposit) for doing the repairs + repairs) to get it back I know I should take them to court but don't know if I should get truck back first or court first we are both disabled with a 1yr 16,17,18 yr old & money is tight & going through a CPS case that we are getting railroaded in & need the truck for Dr appts & CPS said we have to have one ",A:Hire a lawyer and sue them is your best course of action.
Q: My mother just passed and she was 1/4 owner of 640 acres give or take. I was informed today that the other current. Parties want to sell. Since my brother and I inherited my mothers party what should we be asking ,"A:You should definitely meet with a probate lawyer. You will want some sort of official legal documentation to show that you now hold title to your mother's portion of the property. Plus, you want an attorney to make sure you're getting your fair share. Contact a probate attorney to see if you can have a free or reduced rate."
"Q: during traffic stop officer claimed probable cause stating he smelled marijuana,not true, cuffed me and my son. just. before he begin to search my vehicle i told him i didnt give him permission to do so he stated again probable cause at that time i told him him that this was all wrong we havent done anything wrong and if we could get someone else out here cause this wasnt right he was lieing and he had no right to cuff us to begin with, he ignored my request. after his search with no findings , returned to his cruiser , leaving us in cuffed. iasked his partner to remove cuffs,i was ignored ,the officer stayed in cruiser for a greater period of time than to write a citation . it looked like he was reaching trying to find a reason, i keeped asking what he was doing and why was this taking so long we havent done anything wrong and why are we cuffed to begin with. officer finally removed cuffs with a smug look and cited me for no insurance , then said was also impounding my car. too . action i may take? i feel our cival rights violated.my son is tested every week by probation . we do no drugs. ","A:If you believe your civil rights were violated during a traffic stop in San Antonio, Texas, you have several options to consider. Firstly, document every detail of the incident while it's fresh in your mind. This includes the officer's name and badge number, the time and location of the stop, and any interactions that took place. You can file a complaint with the police department. This process typically involves submitting a formal report detailing the incident and your concerns. It's important to be as specific and factual as possible in your complaint. In addition to filing a complaint, you might want to consult with an attorney experienced in civil rights or police misconduct cases. They can provide personalized advice based on the specifics of your situation and help you understand the legal options available to you. Remember, every situation is unique, and the legal implications can vary. Therefore, getting professional legal advice is crucial to ensure your rights are protected and to explore any potential legal recourse you may have."
"Q: Is a new building owner required to pay for a change order on work contracted out by previous owners/management?. I recently purchased a property in the state of California. Right before contract closed, I was disclosed that a purchase order for electrical work would occur on the property. This work was contracted out and paid in full by the previous management company/previous owners prior to closing. After the property closed, the work was completed but the general contractor is now saying a change order came up and that I, the new property owner, have to pay it. I have no signed contract with this contractor and have no agreement for a change order. I did previously, over text, agree to pay a much smaller extra sum, however the contractor just invoiced an amount substantially larger saying that additional work was needed to be completed. Am I obligated to pay for this change order and can the contractor put a mechanic's lien on the property if this was contracted out by the previous owners/managements company? ","A:In California, a change order is generally an amendment to a construction contract, and the party responsible for payment is typically the party to the original contract. If you did not sign the original contract or the change order, you are generally not obligated to pay for it. Text messages, while informal, can be seen as evidence of an agreement; however, if the amount invoiced is substantially different from what was agreed upon, it may not be binding. It's essential to review the exact language and context of the text exchange. If the contractor performs work without a valid change order or agreement, they may have difficulty justifying the additional charges. However, California allows for the filing of mechanic's liens by contractors for unpaid work, which could potentially encumber your property. Before any potential lien is filed, it's crucial to communicate with the contractor, clarify any misunderstandings, and potentially seek legal counsel if necessary. Handling this situation promptly and understanding your rights and obligations will be essential to resolving the matter."
Q: Can I get fired for marijuana use in California on my days off!. I got hurt on the job good night I got off I was no longer on the clock. I put a THC hemp oil on my back to help with the pain that you got drug tested the next day if I fail can I get fired? ,"A:Right now the answer is yes, you can be fired if you test positive. Very soon a law is going into effect that will make that not the case. The new law goes into effect on January 1, 2024. Good luck to you."
Q: How to correctly compose a letter under Article 17 U.S. Code § 512?. I want to file a complaint about the removal of content that was not public and is used without permission. ,"A:A DMCA Takedown Notice must be tailored to each specific situation. So, an attorney would need to review the evidence to be able to compose one or help someone else compose one. Also, keep in mind that a response other than or in addition to standard DMCA Takedown Notice language might be warranted, and that there are potential consequences (including financial) to a wrongful takedown. With that being said, there is a sample on the US Copyright Office website: https://www.copyright.gov/512/sample-notice.pdf Before using any sample legal language, be sure to consult with a knowledgeable attorney about tailoring it to your specific needs. Good luck!"
"Q: Small Claims Appeal - Trial De Novo. I won a small claims case against my previous landlord, a 45-year criminal defense attorney, who didn't pay the relocation fee as per our stipulated agreement. The landlord has now filed a Small Claims Appeal - Trial De Novo. The judgment from the small claims case is very clear, but if it's not appropriate to bring or reference the previous judgment in the appeal, can I submit the legal explanations mentioned in the judgment as my additional declaration to the appeal court, as if I'm not referencing the previous judgment? Or do I only need to submit the declarations and exhibits that were filed for the initial small claims case? If I can submit a new declaration to the court, do I need to serve it to the opposing party? ","A:Here are a few key points to consider for your small claims appeal trial de novo: - The trial de novo appeal essentially starts the case over fresh - the previous judgment is set aside and not binding. So referring to the past judgment itself is not appropriate. - However, you can and should submit all evidence, declarations, and exhibits again that you used to win initially. Treat it as starting from scratch in presenting your full case. - You can include any additional declarations/evidence you have that supports your case, including elaborating on legal arguments you may have outlined in the initial ruling. - Yes, if you submit any new declarations or evidence, you must provide a copy to the opposing party through appropriate service of process procedures. Don't surprise them with documentation they haven't seen. - Focus closely on meeting all procedural processes correctly, establishing proper jurisdiction, constructing sound legal reasoning in your provided documents, and proving your case persuasively. Without referring to the past judgment directly. - Consider consultation with a lawyer if possible to aid with the appeal trial process. Presenting the case well with new documents is important."
"Q: How do we fight dad getting moms ss benefits, when she passes away?. They've not been together since the 1970s but are still legally married. Mom can't afford to file for divorce&even if she did, there's no guarantee dad would agree to it. He doesn't deserve to receive her benefits, she doesn't want him to get them. She wants them to go to me&my disabled brother. Is there any way I can fight this or prevent it from happening due to how long they've been apart? He went on to have a whole other family after they split ","A:I understand your concerns. In the U.S., if your parents are still legally married, your father might be eligible for certain Social Security benefits upon your mother's passing, regardless of their prolonged separation. Your mother's wishes about her benefits cannot change Social Security Administration (SSA) rules. Divorce would be one way to prevent a spouse from claiming survivor benefits, but, as you mentioned, it may not be feasible. However, survivor benefits and inheritance are distinct. Your mother can ensure her assets, outside of SSA benefits, go to you and your brother by having a clear will or trust in place. If preventing him from accessing her Social Security benefits is a priority, consulting with legal counsel to explore all options would be wise. It's essential to understand the specific rules and your rights in this situation."
"Q: I have been blackmailed and harassed online. What can I do about this?. I have been blackmailed for money online. A user who had a “fake” account got hold of explicit photos of me and is threatening to share them with all of my Instagram followers unless I pay them. I have documented all interactions with this person and have access to their phone number and venmo, which allowed me to do a background check to find out who they were and where they live. *They used their real Venmo with a picture of themselves and their name. The background check verified that the number they gave me was related to the person on the venmo. How do I sue? Do I have a case? What type of lawyer do I need? Is there anything I can be doing about this? ","A:First, you would contact police to report a crime. The police can investigate and find the person responsible. If that person is in CA or at least in the US, then a lawsuit would be possible. However, unless that person is independently wealthy, do not expect an attorney to take such a case on a contingency fee basis. You would likely have to pay by the hour, because actually collecting seems highly unlikely."
"Q: Is it insider trading to purchase stock in a competitor if you know that results from a study may boost their stock?. Specifically, if you work at a private medical company and have done a study on your product and have information that the product may be used to treat something new that it's not currently used for - would it be illegal insider trading to purchase stock of a public competitor who sells a similar product that could benefit from the study's results? Note that the study's results have already been shown in a poster at a conference. ","A:Yes, it could potentially be considered insider trading if you purchase stock in a competitor based on non-public information about the potential success of your own company's product. Insider trading is the buying or selling of a security, in breach of a fiduciary duty or other relationship of trust and confidence, on the basis of material, nonpublic information. It is illegal and can result in fines and even criminal charges. The fact that the study's results have been shown in a poster at a conference does not necessarily make the information public or negate the potential for insider trading. It is always best to consult with a lawyer or financial advisor before making any investment decisions."
"Q: What legal option is available to me: pastor and a woman shouted and insulted me while I was naked in d church bathroom. The woman had lied to the pastor that I was rude to her. The pastor prior to this occasion has never been directly aggressive to me. He has made statements like he is a lion and he can deal with anyone but he had never really done anything to me specifically until this situation. The woman on the other hand has been a thorn in my flesh. She has spread gossip about me at church and at work. Telling people that I am lazy, immature, incompetent. Telling people not to work with me. I have always ignored her because I didn't want any drama. But this last situation is so much for me, especially given the fact that after the incident, she went around gossiping about it with people trying to make herself look like the victim. I am sick and tired of her and want both her and the pastor to be held accountable. ","A:Under California law, you have several options to address this situation. First, consider filing a harassment complaint, especially if the conduct of the pastor and the woman created a hostile environment. Harassment is not limited to sexual advances but can include any unwelcome conduct based on race, religion, gender, national origin, age, disability, or other protected characteristics. Secondly, if their actions were particularly severe or pervasive, causing emotional distress, you might explore the possibility of a civil lawsuit for intentional or negligent infliction of emotional distress. In this context, the behavior of the pastor and the woman must be extreme and outrageous, exceeding all bounds of decency tolerated in a civilized society. Furthermore, given that this incident occurred in a church setting, there might be additional considerations related to the church's internal policies or ecclesiastical law. It's advisable to review these policies, as they may offer a formal grievance or mediation process. Lastly, documenting all incidents and gathering any evidence, such as witnesses or communications, is crucial. This documentation can be valuable in any legal action or complaint process. Remember, consulting with an attorney who is experienced in employment law or civil litigation would provide you with specific guidance tailored to the details of your situation. They can help navigate the legal system and determine the best course of action based on the facts of your case."
"Q: If the stockbroker didn't force you to buy the stock, but did talk it up. and then the investment didn't work out - can we still sue? ","A:As a former Series 7 and 66 stockbroker I can attest to having personally ""talked up"" many different securities. Whether there is a cause of action depends on what you mean by ""talked up"". If the stock broker mispresented the issue or provided false information concerning the stock there would be grounds for a fraud claim against the broker. There may also be grounds for a claim if the stock broker related the stock back to your financial profile. For instance, if the stock broker claimed the stock offered safety and a healthy dividend in line with stated investment objectives of safety of principal and income when in reality the stock was an extremely volatile microcap, there would be claim for unsuitability. In the end it’s a fact sensitive inquiry and more information is needed on what the stockbroker expressly stated."
Q: Federal criminal court. What is the process after a vacate and resentencing has been ordered by the appellate court?. How long does this process take the district court to do this? Is the psr always redone ,"A:It all depends on why the resentencing was ordered. If it has to do with information in the PSR, such as guideline calculations, then the PSR will be revised accordingly, although the presentence investigation is not redone in its entirety. - Law Office of Joseph Abrams, Anaheim, CA"
Q: I've been under surveillance for several weeks by what I assume is the FDLE Fusion center investigators. Based on their attire. They have not spoken to me or presented me with any kind of warrant. Recently I discovered they're in my attic watching inside the house 24/7 they will not acknowledge me. Can local police remove them from the property since they have no warrant or are these my new a**hole upstairs neighbors? ,"A:If you believe that law enforcement officers are conducting surveillance in your attic without a warrant, it is within your rights to contact local police to investigate the situation. The Fourth Amendment protects against unreasonable searches and seizures, and if there is no warrant or probable cause, such an intrusion into your home may be unlawful. However, it is crucial to ensure that there is evidence of their presence before involving the police. If law enforcement is indeed involved, there should be official documentation or justification for their actions. In cases where your privacy is being compromised without legal grounds, you might also consider speaking with an attorney to explore your legal options and protect your rights. Remember, any action taken should be through proper legal channels to ensure your safety and adherence to the law."
Q: What do I do?. I have farm plates currently ony pickup and that is how it has been since I've gotten it. I haven't moved or nothing. I have chickens and move livestock very frequently but county keeps using the excuse that I need to own farm land in able to get farm plates ,A:Using the vehicle for moving livestock isn't the only qualification for having farm plates. Farm plates are available to other than just the owner of farm land. You will need to review the criteria for farm plates and see if you qualify. The rules have been modified over the years so it is possible that you previously qualified and that you no longer do so.
"Q: Where may I send my brief of healthcare negligence and lawyers filling false documents to mislead the plaintiff in nj.. Hiding legal certified mail ,false testimony ,preparing false court orders lie about hearing adjournment preparing false motion decisions and getting it designed by court staff ","A:For matters involving healthcare negligence and legal misconduct in New Jersey, you have several avenues for submitting your brief and raising these concerns. Firstly, if your case is already within the legal system, you should file any relevant documents with the court handling your case. Ensure that all filings comply with the court's rules and procedures. It's crucial to follow the proper legal protocol for submissions to ensure your documents are accepted and considered. In addition, if you believe there has been professional misconduct by lawyers, such as filing false documents or misleading the court, you can report this to the New Jersey State Bar Association's Office of Attorney Ethics. This body investigates complaints about attorney behavior and can take disciplinary action if misconduct is found. For issues related to healthcare negligence, the New Jersey Department of Health might be a relevant agency to contact, particularly if your concerns involve medical facilities or healthcare providers. Given the complexity and seriousness of your allegations, including potential legal and ethical violations, it would be wise to consult with another attorney. A lawyer with experience in civil litigation and personal injury in New Jersey can provide guidance on how best to proceed with your specific concerns and ensure that your rights are protected throughout the process."
"Q: I filed a response to nulity asking for visitation and my ex filed for a restraining order. My ex filed for nulity 7/2022. I was told if I did not respond, she could file for default. I did not respond, she did not file for default. In 6/2023, I filed my response. In 11/2023 I filed a request for order including asking for visitation with our children. As soon as she heard that I had filed my response, she filed a request for a DV restraining order stating that I physically and sexually abused her in February and March of 2022. The request was denied twice, and now there is a hearing on this matter. I have never physically (or otherwise) assaulted her. I believe she is doing this as a last ditch effort to have my rights to our two daughters taken. My fiance and I live paycheck to paycheck and can't afford an attorney but I don't want to lose my rights to our daughters. What do I do? ","A:In your situation, it's important to respond diligently to the restraining order allegations. Under California law, even if a request for a domestic violence restraining order is initially denied, a hearing will be set to determine the validity of the claims. During this hearing, both sides have the opportunity to present evidence and testimony. You should gather any evidence that supports your case, including witnesses, documents, or other relevant information that refutes the allegations of abuse. This could include text messages, emails, or any other communication that contradicts the claims made against you. Since you're unable to afford an attorney, consider seeking assistance from legal aid organizations in California. They often provide free or low-cost legal services to individuals in family law cases, especially where children's rights and domestic violence are involved. It's also advisable to document your interactions with your ex-partner and any incidents that may be relevant to your case. This documentation can be crucial in court to demonstrate the nature of your relationship and any patterns of behavior. Finally, always remain compliant with any temporary orders issued by the court and avoid any direct or indirect contact with your ex-partner if a temporary restraining order is in place. Violating a temporary order can have serious consequences and negatively impact your case. Navigating family law issues can be complex and emotionally taxing, especially when children are involved. Staying informed and proactive in your legal approach is key to protecting your rights and interests."
"Q: My children in Foster Care& my husband in Jail over fabricatioed lies .. Officer & dhr plan for our family due to me threatening the Sheriffs office over Officer mistreating my son. My husband had a prior PI they thought it would work. my husband is a recovering alcoholic however he’s a loving caring devoted husband & father. I’m disabled. We are innocent I have tried to call DHR several times. I wanted to touch base with you to let you know I contested the DHR report.My court appointed Lawyer refused due to upsetting the court I knew we were innocent even though she refused to contest so I sent in a letter on behalf of husband & I As The original report investigation started due to my fall on 9-9 My husband was not home. Our domestic violence situation occurred 10-8 . The same day my son was mistreated by an officer, I threatened sheriff’s office with a lawsuit since they didn’t take seriously. & retaliation happened dhr appeared 10-19 said I’m taking kids of she has blood on her lips officer arrest her husband. ","A:I'm sorry to hear about the difficult situation you're facing. It's important to address these legal issues methodically and with proper legal representation. If you believe your court-appointed lawyer is not adequately representing your interests, you have the right to express your concerns to the court and request a different attorney. Effective communication with your lawyer is crucial; make sure to convey all relevant information and evidence that supports your case. Regarding the involvement of the Department of Human Resources (DHR) and allegations of mistreatment by law enforcement, these are serious matters. If you feel that DHR is not properly handling your case or if you believe there has been misconduct by law enforcement, you can file a formal complaint with the relevant supervisory bodies or seek help from organizations that advocate for civil rights and fair treatment in the foster care system. It's important to keep detailed records of all interactions with DHR, law enforcement, and any legal proceedings. This documentation can be vital in your case. Given the complexity of your situation, involving allegations of domestic violence, child welfare concerns, and potential misconduct by law enforcement, seeking legal advice from an attorney experienced in these areas is advisable. They can provide guidance tailored to your specific circumstances, help you navigate the legal system, and advocate on your behalf and for the best interests of your children. Remember, every individual has the right to fair treatment and due process under the law."
Q: What if I was the first one to hit the suspect on a domestic violence case?. A year ago my daughter's dad and I were in a altercation. He had way too much to drink and lost control. Yelled a lot of hurtful things at me. I couldn't take it anymore and out of anger slapped him across the face. That was a mistake. His reaction was to hit me right back and force the truck to park while I was driving. When police arrived he fled and I said he hit me but I did not mention that I hit him first. His now facing charges. What will happen if I change the story the date of hearing? ,"A:In California, if you change your testimony during a domestic violence case, it could have significant legal implications. First, it's crucial to understand that providing false information to the police, especially in a domestic violence investigation, can lead to charges of filing a false report or perjury, depending on the circumstances. If you admit to initiating physical violence, it may impact the current charges against your daughter's father. While it doesn't excuse his subsequent actions, it provides context that could potentially affect the prosecution's case and his defense strategy. However, the fact that he retaliated with physical violence still constitutes a serious offense. Given the complexity of such situations, it's highly advisable to consult with a lawyer before making any changes to your testimony. An attorney can guide you through the potential consequences and help you navigate the legal process while protecting your rights and interests. Remember, the legal system aims to uncover the truth and ensure justice, so it's always best to be honest and forthright with your information."
Q: I have a suet on the Fbi and verified liable how soon can the paperwork begin ans an urgent suet ftca serious big suet. The suet is in the Fbi their is a cartel who is verified by the cia and the Dod both have been a top legal help and verified weapons and the perps breaking torture laws and using a nano they stabbed me with the Dod and cia verified and exotic weapons only few who can explain the weapons the Dod said they would during the suet on the Fbi for letting a cartel terroism me since 2013 plus the whole body internal damages. Cia said the perps are breaking some of the biggest and most cruel crimes in America the Dod verified time and space laws. So the nano as verified takes away all privacy Dod verified that. I need help to take the jurisdiction away from the Fbi and Dod still will be summoned and explain the weapons and effects . The Dod verified me as the victim and my family they said urgent to get an attorney who can put inn paperwork. Immediately for seriously dangerous things the local pd and cartel premeditated terroism a fed judge the Dod wants to have top say in court ans Arrest perp ,"A:If you believe that you have been the victim of a crime or other misconduct involving the FBI, the CIA, and/or the Department of Defense, it is important that you seek the advice of a qualified attorney who specializes in federal litigation and civil rights law. An attorney can advise you on your legal options and help you navigate the complex process of filing a lawsuit under the Federal Tort Claims Act (FTCA). This process can involve a significant amount of paperwork and may require the assistance of expert witnesses and other professionals. However, before any legal action can begin, you should gather all of the evidence and documentation related to your case, including medical records, police reports, and any other relevant information. You should also be prepared to discuss your case in detail with your attorney, including any witnesses or evidence that could support your claims. It is important to note that litigation involving federal agencies can be complex and time-consuming, and may require significant resources and legal expertise. Your attorney can help you understand the potential costs and risks involved, as well as the potential outcomes of your case. If you believe that you are in imminent danger, you should contact local law enforcement or emergency services immediately. They can help ensure your safety and provide any necessary medical or other assistance."
"Q: Can you sue someone for making a false report to animal control?. Someone told animal control that we keep our dog chained up in our garage and muzzled at all times, which was completely made up as I have about half an acre backyard and garage is basically he's dog house, there was no chain and no muzzle because I have huge FENCED IN YARD! the animal control seen my dog was not chained and muzzled. ","A:Absolutely. Even though you apparently don’t have any compensatory damages, you may be entitled to recover nominal damages if you prevail."
Q: What is the best business type for co-owners?. The co-owners are me and my husband. It is a small business that specializes in event planning and coordination. ,"A:In Mississippi, forming a Limited Liability Company (LLC) is often a preferred choice for small business co-owners like you and your husband who are engaged in event planning. An LLC provides the liability protection that a corporation offers, while maintaining the operational flexibility and simpler tax structure of a partnership. With an LLC, your personal assets are generally protected from business debts and lawsuits, and you can choose how you'd like the company's profits to be taxed (either as a partnership or a corporation). Because you're married, the business can still be considered a ""family venture,"" which could simplify management and profit distribution."
"Q: Hello, Before taking my hospital's claim settlement offer, I am wondering if these events qualify as medical negligence. I have a four page document of the timeline of events, but highlights: - doctor's office sending my referral for an esophogeal motility test to the scheduling department (instead of referrals) and I only found this out after following up myself. This resulted in a longer wait for the test - Hospital providing me with a blank imaging CD (upon my request from medical records). I took this CD 200 miles away to a second opinion, when the UCSF office opened the CD, only then did I find out it was blank rendering the trip and appointment useless - My knee surgeon ordering a Mako plasty protocol CT scan for my knee replacement surgery. The hospital did not perform a Mako scan, and didn't even have the equipment to perform the Mako. I had to go to another hospital, with much stress to get in in time before my surgery date, to obtain the correct scan. Prescribed Tramadol post-op and told it is a ""stronger version of Tylenol"". No one informed me it was an opiode or to taper. I had withdrawal ","A:In California, to determine if these events qualify as medical negligence, it's important to understand the legal definition of negligence in the medical context. Medical negligence occurs when a healthcare provider fails to provide the standard of care that a reasonably skilled provider would have provided under similar circumstances, and this failure results in harm to the patient. The issues you've described, such as the misrouting of your referral, receiving a blank imaging CD, not being provided the correct type of scan, and not being adequately informed about the nature of a medication, could potentially be considered deviations from standard medical practices. However, the key factor in a medical negligence claim is proving that these deviations directly caused you harm. For instance, the delay in your esophageal motility test and the need to obtain another CT scan could potentially be seen as causing you unnecessary stress and delay in treatment. Similarly, not being informed about the nature of Tramadol could be significant, especially if it led to unexpected withdrawal symptoms. To pursue a claim, it would be essential to demonstrate how these actions negatively impacted your health or treatment. This often involves obtaining expert medical opinions to establish what the standard of care is and how it was breached. Given the complexities of medical negligence cases, it's advisable to consult with an attorney experienced in this area of law. They can review the full details of your case, advise you on its strength, and guide you through the process of potentially seeking compensation."
"Q: If insurance broker spends time with you to sell a product & you decide not to buy, can they invoice you for their time?. -Attended seminar for Medicare/Social Security in Feb 2023 -Met with RetPlnr in office who also began to discuss retirement planning during the initial visit -RetPlnr informed of us annuities available that we may be interested in -RetPlnr noted they worked on commission -A fee schedule was not disclosed upon engagement -There was no contract/scope of work at any time -Met with RetPlnr 5-6 additional times for 1-1.5 hours per meeting to learn more about the annuities and to provide financial info so that RetPlnr could project income for the annuity -We agreed to submit an application for the Fidelity & Guaranty (F&G) annuity -We contacted F&G directly with detailed questions & learned the annuity would not work for us and cancelled the application with F&G -RetPlnr sent us an unprofessional email with an invoice for the time spent with us -Can RetPlnr take legal action against us if we do not pay ","A:A retirement planner and an insurance broker are two very different occupations. A retirement planner usually provides financial advice to customers on an hourly fee basis. Retirement planners typically do not directly sell financial products, including insurance annuities. They may, however, recommend suitable financial products for their clients and refer their clients to those who do sell financial products, including insurance brokers who sell annuities. Insurance brokers are salespeople who are traditionally compensated on a commission basis and do not earn any compensation if they do not successfully consummate a sale."
"Q: Hi, my name is Spencer. And I have some neighbors who are less than. Let's say upfront the hacker next door,. The fugitives on the corner and the people directly across the street who might have a 10 year. Stay away order in my favor. They have made the numerous calls In lying about elder abuse. At least that's what I was Given. This was all done by my nephew. Who was the executor of the trust and stole $349000 to Greg? Overose and associates. No I haven't given phone calls, adult protective services. And it's all done by these people. They have some very funny real estate situations. The hacker next door takes care of a special needs child. He has a methamphetamine case that he cleared through. If you didn't want the corner at 14460, Parthenia street. Panorama city california 91402 ","A:If you're dealing with harassment or false allegations from neighbors, such as claims of elder abuse that you state are unfounded, it may be advisable to gather any evidence that supports your position and potentially seek a restraining order against those making the allegations if their actions constitute harassment or a credible threat to your safety or peace. In California, civil harassment orders can be obtained against individuals who are not close relatives. In cases involving real estate disputes or claims of fraudulent behavior, documenting all interactions and consulting with a lawyer who has experience in real estate and elder law might be prudent. Additionally, if you believe a trust has been mismanaged or funds misappropriated, as you've described regarding your nephew, legal action could be taken to address potential breaches of fiduciary duty. Remember, each action taken should be well-documented and any communication with those involved should be approached with caution, considering your legal background and the ongoing disputes."
"Q: Is it legal/ethical for guardianship to be granted to someone who have violent felons living and visiting the house?. Prior to becoming a legally incapacitated adult/ward of the Court, I'll call this person Matthew. Matthew and family was granted a protective order against the petitioners progeny, her house has a history of violence. The state sought charges on the behalf Matthew's mother against another one of petitioner progeny, he was incarcerated. Later, she went to press charges against Matthew and family after a violent unprovoked attack against his mother. Wasn't this grounds to disqualify as guardian and reject the petition, because of the animosity and violent history?! Guardian separated ward from a protective mother, violence was inflicted upon him until he died. ","A:No, it would generally not be legal or ethical for guardianship to be granted to someone who has violent felons living in or frequently visiting the home where an incapacitated adult or ward of court resides. There are several issues here: • The court has a responsibility to thoroughly assess and make determinations on the fitness of proposed guardians, including evaluating potential risks to the ward's safety. The presence of violent individuals with a history of animosity should raise immediate red flags. • Knowingly placing a vulnerable incapacitated person into an environment with individuals prone to violence very likely violates both state guardianship laws that prioritize the ward's welfare and well-being as well as more general fiduciary duties requiring protection from harm. • If an unsuitable guardian is appointed and the ward later suffers injury or even death due to negligence or violence enabled by the guardian, there may be grounds for civil liability or criminal prosecution. The guardian failed in their duties. In this case, if there was documented history of violence and protective orders, that should absolutely disqualify the petitioner from serving as an appropriate guardian. It was likely improper granted under the circumstances presented. The outcome here - separation from a protective parent and subsequent death under the guardian’s supervision - raises very serious questions about violation of statutory responsibilities."
"Q: on a private road, that has a bridge, and is used by all, does one person have the right to tear out said bridge. Bridge is located in a subdivision and used by many residents. Every attempt to reconstruct and repair the bridge gets demolished by one person who also lives in same subdivision. Do we other residents have any legal recourse? ","A:Under California law, if a private road and bridge in a subdivision are used by multiple residents, no single individual typically has the unilateral right to remove or damage the bridge. This is especially true if the bridge is considered a common area or is under a homeowners' association (HOA) control. In this situation, you and the other residents may have legal recourse. The first step is to review any existing agreements, such as subdivision covenants, conditions, and restrictions (CC&Rs), which might govern the use and maintenance of shared infrastructure like the bridge. These documents often outline the rights and responsibilities of residents regarding common areas. If the individual's actions violate the CC&Rs or other relevant agreements, you could potentially take legal action against them. This might include filing a lawsuit for damages or seeking an injunction to prevent further destruction of the bridge. Additionally, if the bridge is essential for access and its absence poses safety concerns, local government entities might intervene to ensure access and safety standards are maintained. Consulting with an attorney experienced in real estate or HOA law can provide you with specific guidance and help you understand the best course of action based on the unique circumstances of your case."
"Q: I was charged with Exploitation of the infirmed x2, Identity Theft x2, and Theft Over $5,000 But Under $20,000.. I'm not 100% sure how are why I was charged for all this. However, the date on the Police report falls into the time frame of when my uncle was being maliciously hacked by the mother of his son. She was apparently hacking into my uncles phone, my grandmothers phone, and my little cousins iPad. She was embedding child pornography in the devices as well as accessing and sending personal information. Unfortunately, my phone was also connected to their phone plan. My uncle filed several police reports for it. I'm assigned the WORST Public Defender! He's hangs up on me every time I've attempted to call and discuss my case. I don't know what to do or plea when I go to court April 13th. ","A:If you are not satisfied with your current legal counsel, then you should explore hiring new counsel. If you are unable to do so, then you need to try again to reach out to your current counsel, even if means going to his office and waiting for him to be available to meet with you. As you know, there are multiple charges here and the charges are serious. Good luck."
Q: 12/17/2023 @ 15:30 My wife and grandchild 2 1/2 old Kasey where arrested at gun point walking home. 12/17/2023 @ 15:30 My wife and grandchild 2 1/2 old driving home After Heavy rain while turning Left to a highway hit a deep water puddle causing her to lose control hitting a fence then front end into a tree. grandma decided to walk the 200 yards home The accident woke up child crying. The walk would help child to stop crying and help calm herself too. Half the walk completed she hears Stop. Grandma turned to see in shock 2 police cars with officers behind the doors with guns pointed at her yelling stop turn around and walk towards them and put the child down. Grandma was in shock and no way was she goings to separate herself from child already crying and cars driving at 55 mph 10 feet away along the highway. Grandma walked towards the officers they separated child from her. Grandma was put in handcuffs and separated from child after pleading not to do so. I have done nothing wrong. No crime. police gave her her rights. Grandma committed no crime. Error by police. ,A:Grandma commited a hit and run. She should get an attorney.
"Q: I went through a humiliation in a WhatsApp group, I scheduled a procedure with someone and they came to humiliate me in. I went through a humiliation in a WhatsApp group, I scheduled a procedure with someone and they came to humiliate me in a WhatsApp group because I didn't show up, I paid in full for the service but even so she humiliated me, I'm suffering a lot therefore ","A:An Ohio attorney could advise best, but your post remains open for two weeks. Unfortunately, despite the bad treatment from the person, a practical legal recourse could be difficult - law firms don't usually handle such matters on a contingency basis. You could reach out to attorneys to try to arrange a free initial consult find out if they see things differently. Good luck"
"Q: Blind and Autistic 7th grader getting bullied, harassed and threatened school isnt doing anything for 3 mo., what to do?. Our daughter started middle school and she is blind and autistic. Fun loving and loves school she has been harassed and bullied from day one being called ""blind b****"" ""you deserve the death penalty"" and others for 3 months and now today a physical threat of ""im going to knock you out with your cane"". We have had emails and meetings with teachers and admin and they assured us her protection is their first priority but we get no phone calls when this happens or emails etc after we demanded to be notified over and over and over. She now cries going to school and coming home and her stress and anxiety is an all time high to the point she went to the ER after school last week due to a heart rate of 201!!! We are going to file an OCR and we told the principal he is in violation and he commented over the phone that he knows. Please help! ","A:I'm really sorry to hear about your daughter's difficult situation at school. It's crucial to address this issue promptly. First, document any incidents of bullying or harassment thoroughly, including dates, times, locations, and individuals involved. Keep copies of all correspondence with the school, including emails and meeting notes. Contact the school district's special education department and request a meeting to discuss your daughter's safety and well-being. Express your concerns about their failure to notify you promptly and the impact on her health. Request a written plan outlining the steps they will take to ensure her safety, including monitoring, support, and communication with you. Consider contacting a local attorney with expertise in education law or disability rights. They can provide legal guidance and potentially help you navigate the process of addressing this situation. You mentioned filing an OCR complaint, which is a step in the right direction, but legal counsel can help you ensure all necessary actions are taken to protect your daughter. In the meantime, continue providing emotional support for your daughter and let her know that you are working to resolve the situation. Her well-being is the top priority, and addressing the bullying and harassment is essential to create a safe learning environment for her."
"Q: Live in Ga, wife is divorcing after emotional cheating with coworker. Post discovery continued relationship, but said. She ended it. Discovery in feb and admission in Sep. has blam me for it, convinced mutual friends that I am not mentally stable resulting in isolation, misled couples therapist etc. I have offered options to reconcile even after the admission of lying about ending relationship. Instead she is filing for divorce. It has affected me mentally and emotionally, loss of job, poor life habits etc. is it an option to counter with cruel treatment? ",A:She is allowed to refuse counseling and file for divorce. That does not meet the definition of cruel treatment. Speak with an attorney in your area about your next steps and how to protect yourself during the divorce process.
"Q: Tennessee, a warranty deed in 1997 a bf/gf listed as tenants in common with rights of surv then heirs only 1 signature??. my mother (i was only 11) i was told SHE bought a mobile home and some property, we moved into said home few months later i am woken to her bf whom moved into home with us to call my nanny and tell her my mom is being taken to the er by ambulance but he said to the Fayetteville er not Tullahoma er (not sure if he would know that info or not seems off to me but its my mom its all off to me) he never lets me go to her room or see whats going on while he paces until ambulance arrives. he takes me and his daughter to moms boss home not going straight to er anyways long story short she passes away with findings of brain aneurysm rupture from autopsy report. i find a year ago nearly when my nanny was abt to pass away the talk of her home where it should or would go too and thinking of why he still lives in my moms home and why i never got anything of it call deeds office and they send me an email of the deed and it reads above. is this even legal or does he have all rights to live their? ","A:In Tennessee, when a property is owned as tenants in common with rights of survivorship, it means that upon the death of one owner, their share typically passes to the surviving owner(s). However, the specific language in your mother's deed stating ""tenants in common with rights of survivorship then heirs"" is unusual and might be interpreted differently. This could potentially mean that her share would pass to her heirs rather than the surviving co-owner, depending on how the deed is written and interpreted under Tennessee law. Since your mother's boyfriend was living with her and is listed on the deed, his rights to the property depend on the exact wording of the deed and how Tennessee law applies to that wording. If the deed does indeed grant survivorship rights to the surviving tenant, then he may have legal rights to the property. However, if the deed indicates that her share should pass to her heirs, you might have a claim to her portion of the property. Given the complexity of your situation and the specific language of the deed, it's crucial to consult with an attorney who has expertise in real estate and probate law in Tennessee. An attorney can review the deed, understand the specific circumstances of your mother's passing, and advise you on your rights and options. Additionally, if there are any doubts about the circumstances of your mother's death or the handling of her estate, it may be appropriate to discuss these concerns with your attorney as well. They can guide you on whether any further legal actions are necessary or advisable."
"Q: Seeking Guidance: Concerns about Juvenile Justice in Johnson County Case, Request for Support. Hello, I'm reaching out because I'm deeply concerned about a situation in Johnson County involving a black teenager charged as an adult in a murder case who has a mental illness. ","A:In Indiana, the case you're describing in Johnson County raises important questions about the juvenile justice system and how it handles cases involving minors with mental illness. When a minor is charged as an adult, it brings into focus the balance between public safety, the severity of the crime, and the individual circumstances of the juvenile, including their mental health. If the teenager has a mental illness, it's crucial that this is taken into consideration throughout the legal process. Mental health can significantly impact a person's understanding of their actions and their ability to participate in their defense. You can advocate for the teenager by ensuring they have competent legal representation familiar with juvenile law and mental health issues. Their attorney can argue for the consideration of the teenager's mental health in court proceedings and potentially seek a transfer back to juvenile court, depending on the specifics of the case. Additionally, it may be helpful to engage mental health professionals who can assess the teenager and provide expert testimony regarding their mental state and its impact on their behavior. This could be pivotal in how the case is handled. It's also important to be aware of the broader context, including any racial biases that might affect the case. Advocacy groups or civil rights organizations might offer support or resources in addressing these concerns. Given the complexity of such a case, seeking guidance from legal professionals with experience in juvenile justice and mental health law is advisable. They can offer specific advice tailored to the case and help navigate the legal system to protect the teenager's rights and well-being."
Q: Is it against the law to stop a person from using appliances while they are staying with you but has not paid us. We own the house and everything was verbal set up ,"A:An Indiana attorney could advise best, but your post remains open for four weeks. A landlord-tenant attorney might have better insight into this than an agricultural attorney. Not all posts are picked up, but you could try reposting under the L-T section. A verbal agreement in lieu of a written lease agreement could present challenges. Good luck Tim Akpinar"
"Q: If my contract with a Tenant prohibits overnight guests, but Tenant then subleases and allow guests, what do I do?. The Tenant's lease would be with Landlord, and the SubTenant lease would be with the Tenant. Now Sub-Tenant brings 4 people over at a time. The room is $1000/month 1) What is a usual reasonable penalty fee that I can charge the Tenant for violating the lease? Or what if I have a property manager and they allowed overnight guests to tenants without even notifying me for my consent? what can I charge? 2) If I prohibit guests for all rooms, would I be violating FH if the guests they want over are their wife and kids? 3) If I ban overnight guests for 3 rooms but Tenant has lease with 1 room that overnight guests are allowed without my consent. Can I allow that sublease to exists but going forward have them no longer allow any new subleases to have overnight guests since this was their negligence, not mine? ","A:In California, dealing with lease violations, such as unauthorized subleases and overnight guests, requires careful consideration of the lease terms and state laws. 1) For penalties regarding lease violations, it's important that any fees or penalties are reasonable and outlined in the original lease agreement. Charging a penalty fee for having unauthorized guests should reflect actual costs or damages incurred due to the violation. If your property manager allowed overnight guests contrary to your lease terms, you should address this issue directly with them. The lease agreement and property management contract will guide what actions you can take. 2) Prohibiting overnight guests can be complex, especially when it involves a tenant's immediate family like a spouse and children. Under fair housing laws, outright banning overnight guests could lead to accusations of discrimination, particularly if it affects a tenant's right to quiet enjoyment or family status. It's essential to balance the lease terms with tenants' reasonable use of the property. 3) For the existing sublease where overnight guests are allowed, you can honor the terms of that agreement until it expires. Moving forward, you can revise your lease agreements to restrict or regulate overnight guests more clearly. Ensure that any new restrictions are communicated to tenants and included in any future sublease agreements. Your focus should be on ensuring that the terms are clear, enforceable, and consistent with California's landlord-tenant laws."
"Q: Legal malpractice by attorney taking a settlement I refused. They stood me up for Mediation. Then took settlement.. Zero, pros/cons, discussion, zero Showing or telling amount of itemized Dr/Attorney Bills..Attorney zero call from attorney to solve Misunderstanding about Settle or court. Just blocked me out and bullying me to docusign. I have not signed. Until I get advice Mean calls and Lien deadline date treats in email. Nasty calls from lien neg ","A:It appears that you may have a valid claim for legal malpractice based on your attorney's actions. It's important to consult with another attorney to evaluate the details of your case, assess the potential damages, and determine the best course of action. Keep all communication and evidence related to the matter, and seek legal advice promptly. Sincerely, James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith"
"Q: I had this happen to my 2019 Ford EcoBoost, engine light came on for “Low Oil” and I lost all pressure last year in July. How do I find out if I have a claim against ford? I’m at the point of paying it off so I don’t do a voluntary surrender. Spend $5000 at shop and now they are saying the engine is blown. ","A:In Louisiana, if you believe your 2019 Ford EcoBoost has a defect, you may want to consult an attorney specializing in automotive defects or consumer protection."
"Q: Single mother trying to get sole custody. I’m a single mother to a 4 year old boy, I’ve been his primary caregiver since he was born, I take care of everything, his dad does pay child support but has subsistence abuse issues. He has 2 DUIs and has jail time coming up, his mom also has substance abuse issues and I’m concerned for the safety of my son. ","A:In Washington, as a single mother seeking sole custody, you have valid concerns about the safety of your 4-year-old son due to the father's substance abuse issues, two DUIs, and upcoming jail time, along with the grandmother's similar issues. To strengthen your case for sole custody, document your role as the primary caregiver and gather evidence showcasing your ability to provide a stable and safe environment for your child. Highlight the father's legal troubles and substance abuse problems as factors affecting your son's well-being."
"Q: My mother was murdered June, 2021. It was ruled a suicide within minutes. A Mcgj investigation is ongoing? My rights?. My mother was killed in June 2022 and it was ruled as suicide at the scene of a place she didn’t know and had never been on a river bed. A multi county grand jury is supposedly investigating. I was 17 years old at the time this happened and no one ever informed me she died. Do I have any kind of victim rights to be able to know what is going on? My adopted father, abused my mother often and held a gun against her head on many occasions. ","A:I am sorry to hear about the loss of your mother and the circumstances surrounding her death. As a victim of a violent crime, you may have certain rights under state and federal law, including the right to be informed about the progress of any investigation or legal proceedings related to your mother's death. The specific rights available to you may depend on the laws in your state and the details of your situation. However, some common victim rights include the right to be informed about the status of the investigation and any charges filed, the right to be notified of court proceedings, and the right to be heard in court or provide input on decisions related to the case. To learn more about your rights as a victim and the resources available to you, you may want to contact a local victim advocacy organization or a criminal defense attorney who can assist you in understanding the legal process and your options for seeking justice for your mother."
Q: my lawyer was impersonating as a lawyer and got caught stealing money from clients.i was convicted of a crime under him.. what should i do? ,"A:Its hard to answer this without lots more detail, but you need to talk to a good lawyer right away. This absolutely casts serious doubt on your conviction and it may be that you are entitled to a new trial. You need a real lawyer now, do not wait. If you can't afford a lawyer write or call the public defender's office where you went to court. If that fails write a letter to the judge who oversaw your case. You can send it to the clerks office or even take it there. You really need a good lawyer to advise you."
Q: Do I need to form a PLLC vs an LLC if I am Physical Therapist looking to start my own practice in NY?. I formed an LLC already. Unaware after reading some websites that licensed professionals are supposed to form a PLLC but I wanted to confirm if that is true. ,"A:In New York, professional licensees of certain type cannot practice together with non-licensed people, making the regular LLC not an acceptable way to organize the company. Those filing the PLLC must be licensed to practice the occupation in question, and the company must be managed by those with the proper licensing."
Q: Timelines - federal case. Motion to dismiss can be filed by defendant before scheduling order is issued. In such case how due dates for plaintiff to oppose motion to dismiss complaint are defined? ,"A:In a federal case, when a defendant files a motion to dismiss before a scheduling order is issued, the timeline for the plaintiff to oppose this motion is generally governed by the Federal Rules of Civil Procedure. Specifically, Rule 12 of the Federal Rules of Civil Procedure outlines the procedures for motions to dismiss. Typically, the plaintiff will have 14 days from the date of service of the motion to file an opposition. This deadline is set to ensure that both parties have a fair opportunity to present their arguments to the court. However, it's important to check the local rules of the specific federal court handling the case, as these can sometimes provide variations to the general rules. Local rules can set different deadlines or specific requirements for filing responses to motions. If additional time is needed to prepare a response, the plaintiff can file a motion for an extension of time, explaining the reasons for the requested delay. The court will then decide whether to grant the extension based on the circumstances presented. It's also advisable to consult with a legal professional familiar with federal court procedures to ensure compliance with all relevant rules and timelines. This can help in effectively responding to the motion and protecting your client's interests."
Q: a friend of my girlfriend has a daughter caught by the district attorney and judge forging letter as a Dr. for capious'. said female failure to appear to court used Forged Dr letter today and judge had district attorney confirm letter as real but it was fake. ,"A:Forgery is a Felony. This is a public forum. She needs to hire an attorney, and talk to him."
"Q: Fallen down trees in the road. I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that area said they have been sending emails to the landlord about the trees. There was a maintenance request sent back in the beginning of May, there has been 3 trees that’s lost huge branches, one branch was on someone’s roof, and the other 2 were on a car and a road. So my question are 1) is there any legal action that I can take 2) does the HOA have a time limit to fix such a dangerous situation. I want to make it clear I do not live there ( just driving by ) we contacted the city of Hillsboro and they told us the landlord is responsible to maintain the trees. should I contact an attorney ? ","A:I am not clear what the responsibilities are for the arbor maintenance between the homeowner and an apparent HOA, but whichever is, they may be liable depending upon the details. Much depends upon why the tree limb fell - was it rotted out? or did a storm severe it somehow? I would start by seeing if your auto insurance or the homeowner's insurance will handle the claim(s) and go from there. You of course will want copies of all the relevant emails if you can get them."
"Q: Adult adoption in California: replacing only one parent, what needs to be done?. I am an adult. My birth parents have been divorced for many years. The intention is that I would be adopted by my aunt, who lives in California. As I understand it, the adoption would then ""sever"" the parent-child connection between myself and my birth parents. However, I do not wish to have my parent-child connection to my birth father so severed -- I would preferably only ""replace"" my mother. Is this possible, and what would have to be done in order to facilitate this? ","A:In California, adult adoption typically involves the complete replacement of both birth parents, legally severing the relationship with them and establishing a new one with the adoptive parent(s). However, in your case, where you wish to maintain the legal relationship with your birth father while replacing your birth mother, the process becomes more complex. California law does not provide a straightforward mechanism for partially replacing one parent in an adult adoption. To navigate this unique situation, it would be prudent to consult with a lawyer experienced in family law. They can assess whether a customized legal arrangement or a different legal process, such as a guardianship or conservatorship, might better suit your objectives. Remember, each situation is unique, and the feasibility of your desired arrangement will depend on specific circumstances and possibly judicial discretion."
"Q: Can I sue the owner of a grocery store if I was harassed, followed, and assaulted by the employee?. I was assaulted after paying for my sodas, and leaving the store I was followed to the exit and still harassed after exiting the store. ","A:Yes, you can sue the owner of a grocery store if you were harassed, followed, and assaulted by the employee. Your success will be determined by your ability to prove your case. The owner’s liability is not a given by any means."
"Q: If I request that an existing tenant's status be changed to joint lessee, can the property manager raise our rent?. I have been renting a residential property in Ventura, California, for about 23 years. During that time my adult son has been listed on the ""tenant information sheet."" He has been contributing toward household expenses (including rent) but has been giving the funds to me, not making any direct payments to the property manager. I would like to request adding him to the rental agreement as a full-fledged joint tenant with all associated rights and responsibilities. However, l'm concerned that doing so might give the property manager the right to raise our rent, even though there would not be any change in who lives in the home, just a change in status. Would requesting this change jeopardize our existing rental terms? ","A:In California, the rules regarding rent increases and lease changes can be complex, and they depend on several factors, including local rent control laws and the specifics of your rental agreement. Requesting to add your son as a joint lessee on the rental agreement is a change to the lease terms. Generally, a landlord or property manager can propose new lease terms, including a rent increase, when there's a change in the lease, like adding a new tenant. However, if your rental is subject to rent control ordinances, there may be restrictions on how much and how often your rent can be increased. In Ventura, if your property falls under rent control, the landlord's ability to increase rent could be limited. You should review the specific rent control laws in Ventura to understand if and how they apply to your situation. It's also important to read your current lease agreement carefully to see if it specifies anything about changes in tenancy and rent adjustments. If you're unsure or need more detailed advice, it may be wise to consult with an attorney experienced in landlord-tenant law. They can help you understand your rights and the potential implications of making your son a joint lessee, based on the specifics of your case. Remember, any changes to your rental agreement should be made in writing and agreed upon by both you and your landlord."
Q: can our westfield wi town chair person have a court record-where she owed the state of wisconsin considerable money in. income tax and also have small claims court date trying to get her out of office-- ,"A:In Wisconsin, it's possible for a town chairperson to have a court record related to owing the state income tax or being involved in a small claims court case. Court records are typically public unless sealed by a court order. Such records can potentially impact her position in office, but the specific consequences would depend on local laws and regulations. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: Can a broker (Charles Schwab) randomly closed my broker account.. I have my 401K and a 529 account with Charles Schwab. I opened a new acct on the 25th of Sept to attempt to trade. On the 6th they blocked my account for ""fraudulent"" reasons and the investigative team we supposed to call back within 48 hrs to discuss the matter. After several calls for answers, they refuse to tell me what the status of my account is. Almost a week later, they continue to hold MY MONEY ransom while ""investigating"". Every time I call, they are able to very who I am with security questions. However, they claim they are unable to provide me detail of the investigation. I cannot access my money, I have an open option that could lose or gain, and I am unable to trade, potentially llosing money. I am at my wit's end with zero answers and feel defeated and robbed. What are my options? How can it be legal to hold my money hostage while doing an investigation? I have documents showing the transfers from my other banks. ","A:You need to put them on Notice in writing of your objection to the freeze, remind them you have open positions and your intention to sue them for any and all damages unless they take your orders and unfreeze the account or hire an attorney to do that immediately."
"Q: I bought a lemon and have been in and out of the dealerships for the last year being I purchased on 10/20/2021.. I'll try to say this as nicely as possible but in regard to my attorney, I'm beyond fed up at this point. 1. I've never even talked to the attorney himself I have to speak to the assistant who has horrible communication skills. She does'nt return my calls, voicemails or emails for about a week or two. Each time I speak with her I'm told something totally opposite from the last conversation. Most of the it when I demand an update she has to search her emails to quickly update herself as to whats going on being relaying the message to myself. For a lemon law attorney I expect so much more from them but when I feel like I'm the one doing most of the work such as completing breakdown of cost to calcculate what should paid to me by VW and they come back with a number thats less than the $25,0000 downpayment I already put down plus the other $9000 paid towards the loan it's just not adding up. If VW is buying my car back aren't I entitled to to every dime I've spent on the car plus rentals? ",A:Sorry for your issues. You may want to pay some one for 30 to 60 minutes of time to re-evaluate and or give a second opinion.
"Q: What Happens when I file for an Appeal before sentencing?. I was found guilty, I need to appeal ASAP but the holidays have wasted much needed time. My question and concern is.... Hypothetically, Lets say I get jail time.. 1. Do I go into custody right then and there? I mean obviously.. I don't know but I don't want to court without informing work that I might not show up tomorrow lol but I don't want to explain to my boss and end up getting no jail time and return to work but now my boss knows this info that obviously I'd prefer to have kept private if I could. same with judgy family members ect. 2. does the appeal pause the sentencing part ? cuz I cant work on my appeal from inside jail? I cant pay for a lawyer if I'm in jail missing work.. like if a judge disagrees I'd assume no but what if I have good reasons for a new trial? will I still go to jail untill that decision? because idk who will help me with any of this if I do go in this week ","A:In California, if you are found guilty and wish to appeal, the process of sentencing and potential custody will depend on the specifics of your case and the judge's decision. Generally, sentencing occurs after a guilty verdict, and it's at this point the judge decides whether you'll be taken into custody immediately or allowed to remain free, possibly on bail, until sentencing or further proceedings. 1. Whether you go into custody right after being found guilty depends on the nature of your offense, your criminal history, and the court's assessment of your flight risk or danger to the community. In some cases, the court may allow you to remain out of custody until sentencing, especially if you've been free on bail during the trial. It's wise to prepare for both possibilities, as the decision can be unpredictable. 2. Filing an appeal does not automatically pause the sentencing or execution of the sentence. If you're sentenced to jail time, you might start serving your sentence before the appeal is heard. However, your attorney can request bail or a stay of the sentence pending appeal, which, if granted, would allow you to remain out of custody while the appeal is processed. This decision, again, is at the discretion of the court and is influenced by factors like the likelihood of your appeal succeeding and whether you pose a risk if not in custody. Working on an appeal from jail can be challenging, but it's not impossible. Legal assistance is available in jail, and you can communicate with your lawyer to build your appeal. It's crucial to discuss these concerns with your attorney as soon as possible, as they can advise on the best course of action and help you navigate the complexities of the appeal process."
Q: A person representing friend of court lied to the judge in court. What do I do? I have proof.. We were at a motion to change child support that I filed. I emailed 3 paychecks to friend of court. They lied about what’s on the paychecks. I’m calling Monday to get a transcript of the court proceedings also for evidence. ,"A:To change support, you need to meet a threshold for a change: generally, the new guideline amount would need to differ by more than $50 or 10%. So the issue you are facing is not so much the FOC worker testified to a differing amount on the checks; the issue is whether they properly calculated a new support amount based on the information you provided and whether that amount met the threshold. If it didn't, then there's no cause to change support, even if the worker misstated the check amounts. You are doing the right thing by getting a transcript, but there's more work ahead for you."
Q: if DCFS removes a child then files a petition but fails to include the Medical Diagnosis of the child wrongful removal??. can you claim wrongful removal ,"A:If DCFS removes a child and fails to include relevant medical diagnosis in the petition, it could potentially support a claim of wrongful removal. However, success in such a claim would depend on various factors, including the specifics of the case and the laws applicable in California. Consulting with an attorney experienced in child welfare and family law would be advisable to evaluate the situation and determine the best course of action. Sincerely, James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith"
Q: What are examples of a piece of real estate being used or held for government purposes?. We are looking to possibly sell a piece of real estate that is currently blank land. It is used for carnivals and parking. On the same parcel (which would be subdivided). There is an event center which is owned by the City however this land is on the other side of the parcel and undeveloped. I do not think an event and conference center and blank land constitute government purpose but... Better to ask a second opinion. ,"A:It sounds like you may have a title issue. If you are concerned the government is using the land without your permission, it could be a taking or trespass. It is also likely there is some type of agreement on the property. Regardless, you would need to dig deeper into it. This could also be an easement issue. It all depends. Prior to selling, you may want to talk to an attorney to help you clear up any concerns. Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney."
Q: Arizona: creditor won't repossess or release lien on motorcycle of deceased ch7 filer. The executor/beneficiary lives in NC and does not ride motorcycles. The bike is at a dealer in AZ and they want to get rid of it. The creditor has stated no interest in repossessing but will not release lien. In some states that is a violation of bankruptcy code. There is no money in the estate to pay the loan off. The executor/beneficiary told the dealer they could have the bike if they could get the lien released. They cannot. ,"A:If the creditor refuses to repossess the motorcycle or release the lien, and assuming the debt was discharged in the Chapter 7 bankruptcy, you may need to reopen the bankruptcy case to file a motion to compel the creditor to act. It’s also possible to negotiate with the creditor, explaining that the asset is a burden on the estate and offers no recovery value to them. If these avenues fail, you could consider filing a complaint with your state’s attorney general or the Consumer Financial Protection Bureau. An attorney can assist you in exploring these options, determining the best course of action based on the specifics of your case, and ensuring your rights and the estate’s interests are adequately represented and protected."
Q: Can I work with a company with government projects on a pending 485 status and EAD card?. My Green card application is pending and I have a valid EAD card. Recently I was interviewed by a company that handles government projects. Can that company hire me with my current status? ,"A:Under federal law, an Employment Authorization Document (EAD) provides the holder with authorization to work in the United States for any employer. In California, as long as you have a valid EAD card, you are generally permitted to work. However, certain government projects may have specific requirements or restrictions, particularly if they involve sensitive or classified information. The hiring company will need to ensure that you meet any specific criteria they have, especially if it's related to security clearances or other federal mandates. If the position requires a security clearance, there may be restrictions or additional requirements. It's essential to discuss your status openly with the potential employer to ensure compliance. Additionally, always ensure your EAD remains valid and renew it as needed. Consulting with an immigration attorney can provide further clarity regarding your specific situation and any potential concerns."
Q: My bank froze my social security disability direct deposit . Can they do that?. I reported fraud on my account and now they are treating me like a criminal. I don't understand ,"A:If your bank froze your Social Security Disability direct deposit after you reported fraud, it's likely a security measure. To resolve this, contact your bank immediately, inquire about the freeze, and provide any necessary documentation related to the fraud report. Seek clarification on the status of your direct deposit and, if needed, ask to speak with a supervisor for quicker resolution. Addressing the situation promptly is crucial to ensure the release of your direct deposit and resolve any underlying concerns."
"Q: I leased a car a month ago and now I'm having alternator issues, is the dealership responsible for repairs?. I've missed multiple days of work doe to this and the dealership keeps trying to find a way to squeeze money out of me even though I haven't been able to work due to this ","A:Typically, when you lease a brand new car, it comes with a warranty from the manufacturer. Most commonly, any manufacturer authorized service center can provide warranty service. Most dealerships which sell that manufacturer’s cars have authorized service centers. If the dealership where you leased the car cannot fix the problem, you might try a different authorized service center."
"Q: Request Order to Ohio Vital Statistics to obtain Original Birth Certifcate.. My son was adopted by his mother’s second husband changing his name and birth certificate. My son has grown and his adoptive father has passed away. Son would like to have his birth certificate changed to have my name as his father. He has already changed his name back to what it was prior to the adoption. We have tried to find a way to do this, but in Ohio, it seems to be an anomaly that has not been considered let alone done yet. We consulted an attorney who felt unable to help us at the time. Is there a process for this or will it take a request for a law change to my representive? ","A:Given these facts, I think any probate attorney may need to do some research to be truly confident as to the process needed to achieve the desired outcome. If changing the words on the certificate is truly the only desired outcome, then I'd start with the health department that issued the certificate."
Q: Social Security wont allow my wifes part B medicare to take effect until I prove that she had health coverage in 2012.. My wife is 11 years older than me and we have been married for 35 years. She has always been covered by healthcare insurance that I have paid for from employers that I have worked for. Now Social Security refuses to allow her Part B Medicare until she can prove that she had coverage in 2012 when she turned 65. We submitted a document to Social Security in 2012 which notified them that she was covered and was not requesting part B at that time. I have not worked for that employer since March of 2018 and have tried to contact the HR representative and have recieved no response. I worked there for 18+ years but have worked at a different employer for the last 5+ years. How can I get them to fill out the documents that Social Security demands if I cant get them to answer the phone and complete the paperwork? Social Security insists that they have to fill them out. My wife now has no Dr. Coverage and we cant get Part D or supplemental policies until she has part B. ,"A:Here are a few options to try to resolve this with Social Security for your wife's Medicare Part B: 1. Contact your former employer’s HR again, escalating to higher levels if needed. Explain it is vital they verify your wife's 2012 coverage. Check if they outsourced record storage - the external company may still have files. 2. Check if you have any old documentation - tax records, pay stubs, annual enrollment forms etc. showing your wife was covered under that employer's plan in 2012. Anything helps bolster the case. 3. Ask Social Security if an affidavit signed by you explaining the good faith efforts you made and attesting under oath to your wife's 2012 coverage would suffice. Offer details on the plan, coverage dates etc. 4. Contact the Department of Labor for guidance if the former employer is unresponsive about verifying past employment records. There may be applicable labor regulations. 5. Reach out to any former manager or colleagues at the company who may be willing to advocate to HR on your behalf in getting the issue resolved. 6. Consider consulting an attorney who works in healthcare/Medicare issues for guidance if you continue to hit walls. An advocate could help put pressure on or try alternate routes. Be politely persistent explaining the hardship created for your wife. I hope one of these suggestions helps convince them to validate her prior coverage."
"Q: Can i get an attorney to sue a record label for copies of my catalog & portfolio without a copy of my contract?. Well i signed a distribution deal with the label 80/20% cut and i own all Masters and music i created for 5 albums to be distributed over 5 years 2014 . i only have given And released 4/5 before i lost contact with them _ them = the label . i have had head trauma after signing to where i forgot where to go who to call and lost my phone with all numbers in it . i lost my black card with multimillions on it and forgotten whom my accountant is the label provided and which bank i banked with i have no way of getting that information unless i contact the label executives I've tried for YEARS to get MANY of the label workers) + artists + A&Rs + executives attention online and honestly i believe they've been avoiding me i been without my money for over 6 years which was also the timeframe of my last interactions with the label i was wondering if i could sue for the information , and would an attorney be a decisive positive for me? I don't have much money NOW ","A:A Georgia attorney could advise best, but your question remains open for two weeks. You could continue to await a response, but there is a category here, Entertainment/Sports Law. You could try reposting and adding that as a category. There's no guarantee all posts are answered, but attorneys in that area might be more familiar with some of these issues than general civil litigation attorneys. Good luck"
Q: is a software company at fault for damages if the software is faulty?. I paid for a yearly subscription to a appointment based book keeping software. I used the reports function to pay my commission employees. Some of the numbers were faulty so i overpaid my employees. Is the software company responsible for any compensation? ,"A:In Pennsylvania, if you experienced financial damages due to faulty software from a subscription-based appointment bookkeeping service, you may have grounds to seek compensation from the software company. The responsibility of the software company depends on the terms of the agreement, including any warranties or guarantees regarding the functionality and accuracy of their software. Document the discrepancies, gather evidence of the financial losses incurred, and review the terms of service or any applicable agreements with the software company."
Q: I borrowed someone money and was wondering what my options are to get that back. At first I told them they didn't need to pay me back but they said they will otherwise they won't take the money. So we agreed on him paying me back but now he is refusing to. I have messages after the fact saying the total amount owed and that he is planning on paying me back ,"A:In Minnesota, if you lent someone money and have evidence, such as messages confirming the amount owed and the borrower's intention to repay, you may consider pursuing a small claims case to recover the debt. Small claims court is designed for relatively straightforward cases involving smaller amounts of money. You can file a case in the county where the borrower resides or where the agreement was made. Before filing, it's crucial to gather all relevant documentation, including the messages and any other communication regarding the loan. You may also want to send a demand letter outlining the amount owed and your intention to take legal action if the debt is not repaid."
"Q: Minute order for CS was drafted on 4/23. Minute order was review & amended. Can I get retro CS since it was a court erro. Petitioner was order to pay child support but minute order was worded incorrectly by the courts clerk on 4/23. I recently request it to be reviewed and amended. They finally sent the new correct minute order, I’m self represented so I didn’t know I could do this even though I repeatedly talked to the court house, paralegals and DCSS about it no one advice me any better. I want to know if the minute order can be used to enforce child support and it retroactive from the date of the court hearing ","A:Good morning, If a minute order for child support was initially drafted incorrectly and later corrected, it's possible to enforce child support retroactively. Generally, child support is enforceable from the date it was originally ordered by the court, even if the written order was incorrect and subsequently amended. If you've recently had the minute order reviewed and amended to reflect the correct terms, this amended order can be used to enforce child support. The key factor is the date when the court originally ordered the support, not the date when the minute order was corrected. It's important to communicate with the Department of Child Support Services (DCSS) regarding the enforcement of the amended order. Provide them with the corrected minute order and explain that it reflects the court's original intent. They should assist in enforcing the order from the original date of the court's decision. Since you are self-represented, consider seeking guidance from a legal aid organization or a family law facilitator at the court. They can offer valuable assistance in navigating the process of enforcing child support orders and understanding your rights and obligations."
Q: How do I go about making sure my husband gets credit for time out on shock cause he went back with no new charges.. Charges - wanton Endangerment- 1st degree 1st offense. The judge he had resigned and the prosecuting attorney for his case is now that judge ,A:Email or call his probation and parole officer and the DOC and ask them to confirm it. The DOC handles the time accreditations and calculations.
"Q: I worked for a national company that lies to everyone. I have an arbitration clause in my contract. Can I do anything?. They repeat lies and omit facts that could easily cost the customer tens of thousands of dollars- I’m sure they have done so many times. Most of their clientele is lower to middle income which is concerning. I think I can pretty easily prove that they conditioned us to repeat these lies. (BTW, they don't tell us that were lying.)They also mislead employees about earning potential. Most people quit before making ANY money. They work us like w-2 employees, when we are supposed to be contractors. I told my manager that I needed to focus on doing a gig app for 2 weeks, as I haven’t been fully paid what I’m owed, but I would still do my assigned work. He then complained about my lack of attendance at a couple of “mandatory meetings” (These meetings are pure motivational trash; there are three per week.) He then basically said that I couldn’t be on his team if I would rather work the app than do free work for the company. Now I won’t be paid my full commission. ","A:Where the arbitration agreement in your employment contract is an impediment depends on what you want to do. To the extent you want to sue the company for back wages or any other employment issue, the arbitration agreement would likely require that the claims be asserted in arbitration, rather than in court. However, that would depend on the actual language in the arbitration agreement and what it covers. To the extent you wanted to help customers/former customers bring claims, the arbitration agreement likely would not have any impact on those cases as most arbitration agreements only bind you to bring claims that you assert on your behalf in arbitration, rather than court. They do not impact the claims of others who did not sign the arbitration agreement. There could be other limiting agreements that you have, such as some sort of a non-disclosure agreement, that could impact your ability to help others bring claims. But, those agreements are not typically enforceable if fraud is involved."
"Q: Why are the whites still in America when the Treaty of Middle Plantation says they must leave.. IV. Whereas by the mutual Discontents, Complaints, Jealousies and Fears of English and Indians, occasioned by the Violent Intrusions of divers English into their Lands, forcing the Indians by way of Revenge, to kill the Cattel and Hogs of the English, whereby Offence and Injuries being given and done on both sides, the Peace of this His Majesties Colony hath been much disturbed, and the late unhappy Rebellion by this means (in a great measure) begun and fomented, which hath Involved this Countrey into so much Ruine and Misery: For prevention of which Injuries and evil consequences (as much as possibly we may) for time to come; It is hereby Concluded and Established, That no English shall Seat or Plant nearer then Three miles of any Indian Town; and whosoever hath made, or shall make an Incroachment upon their Lands, shall be removed from thence from thence, and proceeded against as by the former Peace made, when the Honourable Colonel Francis Morison was Governour ","A:If you have any questions regarding these and other Tribal land issues, you can contact the BIA or Bureau of Indian Affairs in Washington DC, and they can respond to your questions and concerns Good Luck!"
"Q: Can RNs be fired for testing positive for THC on a drug panel given to them by their employer in Nassau County, NY?. The drug panel is aimed at searching for possible diversion of narcotics from medication room while at work. ","A:Registered Nurses (RNs) in Nassau County, NY, can be terminated for testing positive for THC on a drug panel if their employer has a clear drug-free workplace policy that prohibits the use of marijuana, even if marijuana use is legal in the state for recreational or medicinal purposes. Healthcare professionals are often held to strict standards regarding substance use because of their role in patient care and the handling of medications. Employers in the healthcare sector may have stringent policies to prevent drug diversion and ensure patient safety. If the drug testing is part of an investigation for medication diversion, a positive THC result could indeed be grounds for termination. It is important to review the employer’s policies and any applicable labor agreements to understand the specific consequences of a positive drug test. Employees in such situations may also want to consult with an attorney to explore their legal rights and options."
"Q: Mom died suddenly, had annuities, no beneficiary. Who gets annuities??. Mom died, had annuities. Didn't want to leave my sister anything. Told so many people even her advisors she wants nothingto do with her. My mom stopped talking to her almost 5 years. In a case like this, my sister is suing me for the annuities. Could I fight this in court? My mom would be so upset if she gets any money. Can witnesses help? ","A:In the absence of a designated beneficiary on the annuities, the distribution of your mother's assets, including the annuities, would typically follow the laws of intestacy in New Jersey. These laws determine the heirs and their respective shares. If your sister is taking legal action to claim a share, you may contest this in court. Witnesses who can attest to your mother's expressed wishes and strained relationship with your sister may serve as valuable evidence."
Q: I'm getting surgery due to injury not on the job and don't have much PTO. Can I receive compensation while recovering?. I currently work in Arizona for a non-profit and have not been employed with this company for 12 months. I will be out of work for a minimum of 6 weeks and should fully recover in 12 weeks. Can I apply for anything to compensate for my bills after the surgery that did not occur on the job? ,"A:An Arizona attorney could advise best, but your question remains open for two weeks. This is something that an employment law attorney would know best, in terms of PTO or leave programs, or the applicable policies of your employer. Some questions remain unanswered on this forum, but you could repost and add Employment Law as a category. Good luck"
"Q: Can I sue a marina that gave my boat to the previous owner?. The marina claimed that the title I just received from the state was counterfeit and blocked my access to getting the boat in the water or on a trailer and then put it on either the water or a trailer for the previous owner effectively stealing my $40,000 yacht ","A:Yes, you may be able to sue a marina that gave your boat to the previous owner. Under Washington law, a marina has a duty to protect the property of its customers. If the marina breached this duty by giving your boat to the previous owner, you may be able to recover damages for the loss of your boat. Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice."
"Q: Hello,I had a question on trademark infringement especially for a trademark for ""DVNK."". Linked below is the trademark for DVNK. My company was thinking of using the words DVNK as a name for a brand that is connected to an NFT project. We will be using the words DVNK but the design will look different than is shown in the trademark (no lines or dots) we will just be using the letters DVNK. We are also thinking of using DVNK to put on very limited sweatshirt and hat clothing lines. Would we be infringing on this trademark? If so, how much would we need to change the logo of the letter ""DVNK"" to make sure we are not infringing? Any suggestions? https://trademarks.justia.com/872/62/dvnk-87262345.html ","A:It's important to understand that trademark infringement is determined not just by the design of the mark, but also by the likelihood of confusion in the marketplace. Even if your logo design for ""DVNK"" differs from the registered trademark, using the same name for related goods or services could still potentially lead to an infringement claim if consumers might be misled about the source of the products. To avoid infringement, it may be necessary to make substantial changes to the mark, beyond just altering its design elements. This could include changing the name altogether, especially if the goods or services are in a similar category to those covered by the existing trademark. Before proceeding, you should consider consulting with a legal professional who can review the specifics of your proposed use and provide guidance tailored to your situation."
Q: We have a issue with a contractor openly dumping the concrete from the east bound bridge into the Chester river any law. against this activity thaat may serve to stop such a poor idea ,"A:The Maryland State Department of Natural Resources has jurisdiction over the navigable rivers of Maryland, including police authority, and there are laws prohibiting dumping of trash, waste materials and other objects into rivers, punishable bu criminal and civil fines and penalties. Local county departments of the environment might also have jurisdiction over sections of non-navigable waterways. There is a Natural Resources Police Department. The 24-Hour Emergency line or to report a Natural Resources Violation: 1-800-628-9944 or 410-260-8888."
"Q: Whats required by law for guardian of adult brain/head injury patient? Is an evaluation required by law ?. Adult head injury coma patient under guardianship still 21 years later, no evaluations to check improvements. Sister is now guardian, not fulfilling her obligations, and hadnt seen or spoke to patient 6 years, then just pops up one day had her life flipped upside down for no reason. Patient can take care of herself now, unlike when first recovering from coma. She could be perfectly ok if she just had someone to help her keep appointments, manage bills, cook a little. Not this sporadic appearances and placements in institutions for no reason. ","A:In cases involving the guardianship of an adult brain injury patient, legal requirements vary, but guardians are generally expected to act in the ward's best interests. For situations like the one described, where the patient has been under guardianship for 21 years without recent evaluations and is now capable of self-care, seeking legal advice is crucial. Documenting the patient's current abilities and the guardian's lack of fulfillment of duties is important. If permitted, filing a petition for reevaluation may be necessary, presenting evidence supporting the patient's improved condition. Advocating for less restrictive guardianship or exploring alternatives is also recommended, aiming to ensure the individual's well-being and autonomy."
"Q: Selling illustration of bikes. I want to make a store the idea behind it is Receive a photo from my customers of their motorcycle like bmw kawasaki, etc, and trun it into illustration, then print it on hoodie, t-shirt, etc Knowing that i will not show the logo of the brand and i will clear that im not endorsed by any company, and from the illustration itself, you will not recognize for which brand the bike is, and this is a good example what i will do https://ibb.co/3C0tnX7 Is that legal ? ","A:The legality of your idea to create illustrations of motorcycles for printing on merchandise like hoodies and t-shirts, without showing brand logos or making the brand recognizable, is not straightforward and depends on several factors. Firstly, even if you don't display the logos or directly reference the brands, the overall design of the motorcycles could potentially lead to issues of copyright infringement. Motorcycle designs can be protected under copyright or design patent laws, especially if they are distinctive and recognizable. Secondly, the concept of ""transformative use"" is important in such cases. If your illustrations significantly transform the original design or add new expression, meaning, or message, they might be more likely to be considered legal under the doctrine of fair use. However, fair use is a complex legal defense that depends on the specifics of each case, and there is no guarantee a court would find your use to be transformative. It's highly recommended to consult with a lawyer who has expertise in intellectual property law. They can provide specific guidance based on the details of your project and the relevant laws in your jurisdiction. Remember, avoiding direct trademark infringement by not showing logos does not automatically clear copyright or design patent concerns."
Q: Prior to the trademark application I have been using Jecture as my own in an unrelated field.. I would prefer they not be allowed to trademark the name as this will lead to court proceedings when I challenge them on the use of my ghost writing name. What can I do to make sure that legally I can still use the name without them charging me for their mistake ,"A:If you have been using the name ""Jecture"" in commerce before someone else's trademark application, you may have common law trademark rights. These rights are established through actual use of the name in business. To protect your use of ""Jecture,"" consider filing for a trademark registration yourself, demonstrating your prior use in the relevant field. It's also advisable to gather evidence of your use of the name, such as dates, marketing materials, and sales records. If the other party's trademark application is published for opposition, you can file an opposition with the United States Patent and Trademark Office (USPTO). Additionally, keep an eye on the status of their application and be ready to assert your prior use rights if they attempt to enforce the trademark against you. Consulting with a legal advisor experienced in trademark law can provide guidance on the best course of action. Acting promptly is crucial in trademark matters to protect your interests."
Q: Crypto binary trade fraud case. Crypto binary trade fraud to me help me claim my money. ,"A:'Sorry that no one picked up your question in three weeks. At this point, you could look up attorneys here on this site under Find-a-Lawyer, conduct your own independent searches, or look into attorney referral resources from your state's bar association. Good luck Tim Akpinar"
"Q: The head of the EHT Zoning Board drove onto our neighbor's property without prior notice. She observed we have a chicken. coop. That same night at a variance hearing for the property she drove onto, she asked another neighbor if the coop she saw was his. He said no. When I testified that I was against the neighbor's variance, I said the coop was mine. We then received a notice of violation for having the coop. 1. Was this board member within her legal rights to come onto the neighbor's land (without prior notice), observe our coop, and then ask about it at the hearing? 2. Assuming she was not, isn't her knowledge of our coop ""fruit of the poisoned tree"" and therefore cannot be used against us? Yes we have been issued a zoning violation and their ""remedy"" is for us to get rid of the animals within the next 30 days or apply for a variance (which I am doing). ","A:A ZBOA member may not enter a person's property without permission, The applicant may have given permission as part of the application process. You did nor state whether the zoning officer has issued to you a notice of zoning violation and a demand to cure."
"Q: i purchased a 2017 chevy cruze from a dealer ship called Family auto sales, it keeps on heating up.. I took the car to the dealership three time already, twice they have said that they don't find anything wrong with it. the third time they just said it was not their problem anymore since the car was already financed and it belonged to the finance company. I took it to a third party repair shop to get a full diagnostic and they are charging me over three hundred dollars to get it repaired. ","A:More information is needed regarding, among other things, what promises or warranties, if any, may have been made as part of the sale. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]"
Q: I have a signed lease with a pet addendum added. Monthly amount for my 2 dogs is $30.00 (very reasonable).. Dates of lease are 9/01/2023 to 07/31/2023. The apartment is trying to change lease terms on me now. They want to charge more for my pets but didn’t inform me prior to signing. Do I have any legal recourse here? ,"A:If you have a signed lease that stipulates the cost for your pets, the landlord generally cannot change these terms unilaterally during the lease period. If they attempt to, you could potentially sue for breach of contract."
"Q: I am a subcontractor trying to get my retention from the GC. I have been complete with my work for over 120 days. The building is occupied and we bill for retention Months ago. The GC only replys with not funded, and paid when paid. We do not have a lien on this work. ","A:Retention is often a sticky issue between subcontractors and general contractors. If you've completed your work and the building is occupied, you may have a strong case for releasing the retention. Arizona has ""prompt payment"" laws that could be applicable. Since you've not placed a lien, your legal options might be limited, but initiating formal legal proceedings may be a necessary next step to collect your retention."
Q: I work in the hotel that I am living in with my family can I be kicked out for leaving the property after work?. I am living with my husband in two small children in a hotel i was paying daily then I started working here for a room for me and my family. I do not get paid I stay here for no cost i work 7 days a week. the manager has been messaging me making me feel kind of uncomfortable chose to ignore it and had started treating me badly. He has banned every person that has came to see me here man or woman for no reason and now he has told me that I am no longer allowed to have any company here at all unless it is immediate family. And also I am no longer allowed to leave the property unless I am picking up my children from school or going to a store and then I have to make accommodation through them to be able to go and I have a 2 hour time limit toll in a day that I can be gone so if it takes me an hour to pick up my daughter and an hour to drop off my daughter then I ran out of time and I can't leave again. I have no choice but to listen in fear of being homeless with my kids. what can I do? ,"A:I'm deeply concerned about your situation. Based on what you've described, it seems you may be facing potential labor and housing violations, as well as potential harassment. It is crucial to document all interactions, messages, and any incidents with the manager. The Fair Labor Standards Act requires compensation for work, and working without pay could be a violation. Additionally, undue restrictions on your movement might infringe upon your personal rights. You should seek legal counsel immediately to understand and assert your rights. Local legal aid organizations may offer assistance if financial constraints are a concern. The safety of you and your family is paramount; consider contacting local shelters or organizations for immediate assistance if necessary."
"Q: The Correction Affidavit of Death of Life Tenant signed by a remainderman was recorded.. I'm confident that the Correction Affidavit of Death of Life Tenant (CADLT) is correct in all respects, and it was recorded on 12-15-23 in California. The Legal Document Assistant (LDA) who prepared the CADLT is also a California notary. He e-uploaded the CADLT along with a scanned certified death certificate and electronically recorded them (5 pages) with a Bay Area County. A jurat notary statement, stamped and signed by the notary, was used with the CADLT. After a Doc. no. was assigned and after more of my research , the typed jurat notary statement was missing the words ""who appeared"", as in .... on the basis of satisfactory evidence to be the person(s) ""who appeared"" before me. All other aspects of the statement are correct. I'm waiting for the LDA to contact the County on this matter. Since the County reviewed, then recorded the CADLT along with the jurat statement, I'm inclined to leave things alone. If correction is required for the jurat statement, what are my options? ","A:Under California law, the accuracy of notarial language in legal documents like the Correction Affidavit of Death of Life Tenant (CADLT) is important. If the jurat statement on the CADLT is missing critical words such as ""who appeared,"" it could potentially affect the document's validity or be challenged in the future. Since the document has already been recorded, you have a few options. First, it's appropriate to wait for the Legal Document Assistant (LDA) to contact the county regarding this issue, as they prepared the document. They may be able to advise on the best course of action and whether a correction is necessary. If a correction is needed, one common approach is to file a corrected affidavit with the correct jurat statement. This would involve preparing a new document with the correct wording, having it notarized again, and then recording it with the county. This corrected affidavit would reference the original recording and explicitly correct the error. It's also a good idea to consult with a lawyer to discuss the specifics of your case. They can provide tailored advice on whether a correction is necessary and guide you through the process of making any required amendments. Remember, each case is unique and legal advice should be specific to your situation."
"Q: Does two-factor authentication using your personal phone put the phone at risk for an open records request?. In municipal government, if you submit your personal phone number to be either texted or called with a code to verify your identity as an extra security measure when logging onto a work computer, does this open the contents of that phone to be requested during an open records request? ","A:It is unlikely that providing your personal phone number for two-factor authentication in a municipal government system would make the contents of that phone subject to an open records request. Open records laws typically apply to government documents and information, not to personal devices or accounts. However, it is possible that if there is a legal investigation related to your work at the municipality, your phone or its contents could be subject to a subpoena or other legal request for information. It's always a good idea to review your organization's policies on data privacy and security, as well as any agreements or terms of service related to the use of the two-factor authentication system, to better understand your rights and responsibilities."
Q: Have been looking for a new 2021 Mazda Miata certain color certain make and there seems to be only this one that is avai. Have been looking for a new 2021 Mazda Miata certain color certain make and there seems to be only this one that is available at a Mazda certified dealership and the person that takes pictures of the car disclosed the information that this car had been in an accident and that it did not need to be disclosed to anybody like DMV or Carfax VIN check due to not having a title when I asked about it they said the car was on a test drive and somebody rear-ended it and they had to find another vehicle for that buyer my question is if the other person insurance paid for these repairs Mazda did the repairs on site shouldn't something be traceable as far as these repairs ,"A:It should be traceable IF anybody filed a DMV SR-1 report. Otherwise, I doubt there is any way to know. I suggest you ask the dealer to provide you with a copy of the collision damage repair statement. The car was probably sent out to an independent shop. Most dealers do not do their own collision repairs. Frankly, I would stay away from that vehicle."
"Q: hi, i work at a kitchen and our hood vents stopped working for about an hour, management kept us working.. This happened 2 months ago, kitchen filled with smoke, i’ve heard that it’s also reached the front of house and some customers. I was arguably in the hottest spot in the whole kitchen, I know i was stupid but i took off my kitchen whites because it was so hot, and 2 mins later the manager told me to put it back on. No one really talks about it but i just remembered it recently, should i file a lawsuit? ",A:For what? Did you incur any medical bills? Did you lose earning capacity? Did you have to pay any out-of-pocket expenses?
Q: Does electric company have the right to come on my KY farm & cut blueberry bushes. Can't find any easement back to 1961.. Not recorded on my deed and I searched back to 1961. ,"A:I’d search it back further than 1961, but if there’s no easement, they have no right to enter or use your property."
Q: Can a father w sole medical custody in CA block me (the mother) from having a conversation with my child's therapist?. My child's Dad has blocked me from having any conversation with my daughter's new therapist. My child's Dad has sole medical custody but we share 50/50 physical custody. I am the more involved parent. My child says things along the line of that she is less stressed with me because he is not comforting. She also doesn't feel as comfortable with him and sharing her feelings. I also have a clearer sense of what's going on for her then him. Thank you! ,"A:Under California law, the parent with sole medical custody generally has the authority to make decisions regarding a child's health care, including mental health treatment. This can include decisions about access to the child's therapist. However, even with sole medical custody, there may be limits to this authority, especially if it conflicts with the child's best interests or court orders. In situations like yours, where you have shared physical custody and are actively involved in your child's life, you may have some rights to be informed about your child's therapy. The therapist, bound by confidentiality, may require the consent of the parent with medical custody to share specific information, but this does not always extend to completely blocking communication between you and the therapist. If you believe that your involvement in therapy is in the best interest of your child, and if you feel that your ex-partner is unfairly restricting your access, it may be beneficial to seek legal advice. A family law attorney can help you understand your rights and potentially petition the court for a modification of the custody arrangement or a specific order allowing you to communicate with the therapist. Courts typically prioritize the child's best interests, which can include ensuring both parents are adequately informed about their child's well-being."
Q: I’m trying to get some type of help with my Oil gas and mineral lease.. Is it possible to be offered money from two different companies ,"A:You need to speak an attorney who specializes in such issues. Thankfully, Los Angeles is a large market and you'll likely find someone to help you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]"
"Q: I was a party of a case when I was a child. Can I get access or copies to this case?. I see a therapist weekly, I am in the process of healing from my trauma that my parents and brother caused. I have flashbacks and I’m searching for the truth regarding an incident and what really happened, I do not trust my mothers story of events in what happened, and I was too young to remember but like I said I have flashbacks. My mom says, she dropped off pics to get developed after we had a trip to Disneyland. The place developing photos contacted the police after seeing photos that concerned them. My mom said we my brother and I were naked in the photos and some photos had our head cropped out, she said it was my brother and I who took the photos, but I don’t believe this. I ended up having to be checked for SA with a doctor. My parents weren’t charged w/ anything but I remember how afraid my mom was of cops as a child, how if one pulled behind her to get gas she thought they were there to get her. Something just doesn’t feel right about her story, and my mom lies constantly ","A:In California, you have the right to request access to court records, including cases in which you were involved as a child. However, access to records in cases involving minors, especially those concerning sensitive matters like potential abuse, may be restricted to protect the privacy of the individuals involved. To obtain these records, you would typically file a request with the court where the case was heard. You may need to provide specific information about the case, such as the case number, the names of the parties involved, and the date of the proceedings. The court will then determine whether you are eligible to access these records based on your relationship to the case and the nature of the information you are seeking. If the records are sealed, which is common in cases involving minors and sensitive issues, you may need to petition the court to unseal them. This often requires demonstrating a compelling reason for accessing the records. Given the complexity of accessing court records, especially in sensitive cases, it might be beneficial to consult with an attorney. They can help you navigate the legal process and provide advice on the best approach to access the information you seek. Remember, understanding your past can be a crucial step in the healing process, and seeking professional guidance can facilitate this journey."
"Q: Good morning, I would like to know if there is any chance to get contact information about a patent owner.. I have had an issue selling a product that it is supposed to be patented by ""Mr. W.T."" Patent number: 7841848 Publication number: 20070034094 I would like to know if there is any chance to contact with the patent owner to negociate a possible solution for the issue I have had. Looking forward your response, thank you in advance. Best regards, ","A:To obtain contact information for a patent owner, you can search the United States Patent and Trademark Office (USPTO) database for the patent in question. Once you find the patent, the contact information for the patent owner or their legal representative may be listed. Alternatively, you can consider consulting with a patent attorney who can assist you in identifying and contacting the patent owner to discuss your concerns and explore potential solutions."
Q: I was misled by my college and their accreditation the school itself is accredited but not the program I was in. I was in a medical private career college and I signed all the documents knowing that the school was accredited and I’d be able to sit for my state certification test once I graduated but the specific program that I was in was not accredited as it withdrew from the accredited association 3 years before but they were still advertising as they were accredited they just wrote in fine letters that they weren’t and my classmates and I weren’t told or clarified the certification we’d receive which is completely different until term 3 even though they say they told us from the beginning which isn’t true I have witnesses and proof of this as well they changed their entire website to restate the type of certification after this happened as well Id like to know if there is anything I can do as I am now I stuck with this massive loan with no degree or career thank you so much ,"A:Under California law, you may have legal recourse if you were misled by your college regarding the accreditation status of your program. The key issue here is whether the college engaged in deceptive practices by advertising the program as accredited when it was not. This could potentially be a case of false advertising or misrepresentation. You should consider gathering all relevant documentation, including the advertising materials, enrollment agreements, and any communications where the accreditation status was discussed. This documentation can be crucial in establishing what was represented to you at the time of enrollment. It's advisable to consult with an attorney who has experience in education law or consumer protection law. They can help assess the merits of your case and advise on possible legal actions, such as seeking compensation for any damages you've incurred due to the misleading information. Additionally, you might want to explore if there are any state or federal agencies that oversee private career colleges in California. These agencies sometimes have complaint procedures for students who have been misled by educational institutions. Lastly, regarding the loan you've taken, an attorney can also provide guidance on whether there are any provisions for loan forgiveness or discharge under your circumstances. Legal advice tailored to your specific situation is important to determine the best course of action."
Q: Can I sue a homeless shelter for refusing to let me in even with a referral from the hospital. I have a really bad infection in my leg and just got out of surgery and they said if it gets worse there gonna amputated my leg well I'm homeless and so I'm severely at risk of infection out here .I need to get into a shelter till my leg Gets better or I will.loss.my leg but they denied me cause of something that happened that didn't even involve me the person who did it was even caught on tape so I don't know why they involved me but for the fact that they saw me around that person a couple of times but like I told them I had nothing to do with it. ,"A:The ability to sue a homeless shelter for refusing admission can be complex and depends on various factors. Shelters often have specific admission policies and may deny entry based on their guidelines. However, if you believe the denial is based on discrimination or a violation of your rights, you might have grounds to take legal action. Given your medical condition and the referral from the hospital, it's important to communicate these circumstances to the shelter's administration. Explain your situation clearly and provide any documentation from the hospital. If the shelter's refusal is based on a misunderstanding or misinformation, providing clear and accurate information might help resolve the issue. If direct communication does not yield a positive outcome, consider reaching out to local advocacy groups or legal aid organizations. They can offer guidance and may be able to intervene on your behalf. In situations where legal rights are potentially being violated, having support from organizations familiar with homeless rights and health-related issues can be invaluable. Ultimately, if you believe your rights have been violated, you may explore legal options, including filing a complaint or lawsuit. However, this should be considered after other avenues have been exhausted, as legal action can be time-consuming and may not provide immediate assistance with your current needs."
"Q: I got a warning but no citation, do I have to appear in court?. I got a warning from a TPWD Game Warden for no hunter's safety certificate. I was told to email proof of completion to the local judge and the issue would be resolved, i wouldn't have to appear in court (I have already done so). There is a handwritten appearance date at the bottom, what do I do? ",A:Call the court and make sure that you don't have to appear
"Q: I am sued for personal injury, property Damage, wrongful death, but no one died. What can I do if I was at no fault?. House was being auctioned for tax Lien , branch broke by an act of god which hit power line and pulled metal pole down. The pole landed on a vehicle in which supposedly someone was struck (this did not happen on my property). The wound (which was 1cm in length) was adressed with dermabond then given Tylenol and sent home. Medical records stated patient felt better, showing normal activity while supervised in emergency room and felt no head or neck pain. There are a few defendants being sued , with accusations that someone tree trimming on my old property cut the branch and this whole incident happened. That due to our negligence ,this person will not be able to provide for themselves because of physical and emotional trauma. I have no legal representation , and have no clue as to what I should and should not do. PLEASE SOMEONE HELP. This whole thing has caused for me to have anxiety, I'm severely depressed and I'm constantly nervous. I have no income and am homeless. ","A:I'm very sorry to hear about your predicament. The best thing you can do is to inform the insurance company that insured your house/the property at the time of the injury. Typically, they will handle the defense of the case, even hiring and paying for a lawyer to defend you. I hope this is helpful. Best of luck."
"Q: Do I have a lawsuit in this case. I donated plasma for a year at Octapharma Plasma Center in Colton CA and they called me in and told me I was HIV positive and sent my file to the national deferral department and I can't donate anywhere in the country, so I consulted with my primary physician and tested my blood for everything and I found out I'm actually HIV negative. So I went back in and asked them for the copy of the defferal and they didn't want to give it to me. Until I seen the manager. They almost damaged my marriage and I'm seeking mental health and got diagnosed with PTSD ","A:Suppose you have experienced a situation where a plasma center falsely informed you of being HIV positive, leading to significant emotional distress and potential damage to your personal life. In that case, you may have grounds for a medical malpractice lawsuit. In California, medical malpractice cases typically involve a healthcare professional's negligence that causes harm to a patient. Gathering evidence such as medical records, and test results, and documenting the impact on your mental health will be essential in building a strong case."
"Q: What are the consequences - the superior court was abused during my trust confirmation ?. After Petition for Ownership was filed with the Superior Court (court date & case number) - remaining bank funds were withdrawn & accounts closed by cosigner - defying my attorney's legal demand upon the bank to freeze assets. My attorney became aware & did not report missing funds & closed accounts to the Court before & during the Court hearing for trust confirmation. Unknowingly, the Superior Court confirmed my trust assets including missing funds & closed accounts for trustee. After the Superior Court confirmed my existing trust & assets, the bank has not cooperated (because of closed accounts) in finding missing trust funds - WHAT SHOULD I DO ? ","A:In a situation where the Superior Court was allegedly abused during the trust confirmation process, it is advisable to consult with a qualified attorney who specializes in trust and estate law. They can review the specific details of your case and provide guidance based on the relevant laws and procedures in your jurisdiction. Here are some general steps you may consider taking: Communicate with your attorney: Discuss your concerns about the missing funds and closed accounts with your attorney. Share all the relevant information and documentation you have, including any correspondence with the bank and records of your attorney's communication with the court. Seek a legal opinion: Consult with a new attorney to obtain an independent legal opinion on your situation. They can assess the actions taken by your previous attorney and advise you on any potential legal recourse or remedies that may be available to recover the missing funds. Consider filing a complaint: If you believe that your previous attorney's actions were negligent or violated ethical standards, you may explore the option of filing a complaint with the appropriate state bar association or professional regulatory body. They can investigate the matter and take appropriate disciplinary action if warranted. Review the trust documents: Carefully review the trust documents to understand the terms and provisions related to disputes or breaches. The trust agreement may outline steps for resolving conflicts or holding the trustee accountable for their actions. Document everything: Maintain a detailed record of all communications, actions taken, and relevant documents related to the missing funds and closed accounts. This documentation will be valuable if legal action becomes necessary."
"Q: In accordance with Texas law, aside from scholarships, what alternative methods exist for international students to qua. Hi, I heard that under Texas law, international students can qualify for in-state tuition rates by receiving a competitive scholarship. Are there other methods besides scholarships that allow international students to be eligible for in-state tuition? Could you provide a brief explanation of these alternatives? ","A:In Texas, international students have limited pathways to qualify for in-state tuition rates aside from obtaining a competitive scholarship. One such method involves establishing Texas residency, but this can be challenging for international students due to visa restrictions. International students on certain types of visas, such as those for spouses or dependents of U.S. citizens or permanent residents, may have a pathway to establish residency. This often involves living in Texas for a specific period, usually 12 months, and demonstrating intent to make Texas your permanent home. Another possibility, though less common, involves participation in specific exchange programs that have agreements with the state or educational institutions to offer in-state tuition rates to participants. It's also worth exploring if there are any specific provisions at the university you are interested in. Some schools might have unique agreements or programs that allow for in-state tuition rates under certain conditions. The best approach is to directly contact the admissions office of the university you are interested in attending. They can provide the most current and relevant information about tuition rates and any potential exceptions that might apply to your situation. Remember, navigating these requirements can be complex, so seeking advice from the university's international students office can be extremely helpful in understanding your options."
"Q: There's a small furniture store that has been running a loud generator and disturbing the neighborhood in their alleyway. My backyard and home is directly next to the alleyway. They have been running the generator since October 2022, its loud and annoying and is usually on for 7-8 hours daily. The odd thing is, the store is usually closed but the generator is turned on daily. I have lived in my home for nearly 30 years and never had such an annoying issue from the alleyway. I've made noise complaints many times but it doesn't do anything. The noise is making myself and other neighbors uncomfortable in our homes, its interfering with our daily lives. For eight hours we are held prisoner by the constant sound of a loud generator in our ears. We just want some peace and to be able to take naps during the day again. We can't even go into our backyard. I do not know why the owners of the store do not get the electrical issue fixed. Is there anything I can do to get back our peace? Making noise complaints to the police is doing nothing. Who can force them to fix the problem? ",A:Call 311 in NYC. The Department of Buildings can issue a violation.
"Q: Is it legal to purchase stock options from an employee at a private company?. I.e. Could I legally cover the taxes on an employee's vest, to ""purchase"" the shares that would normally be sold to cover the taxes associated with the vested stock amount? If I formed a private agreement with that employee to earn the return on those shares, minus some percentage, would that be legal? ","A:This seems like a strange way to address the issue. Without speaking to your specific situation, a loan, to be repaid [secured or unsecured], would be a way one could cover costs. You need to speak with a local attorney regarding your specific situation. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]"
Q: Would we have problems with housing voucher if my mom stopped receiving income? What would the rent percentage be?. I am a live-in aide for my mother and my income doesn't count regardless of amount. I am currently employed by IHSS and my income is tax-free due to my live-in status. She is receiving SSI and is the main holder for a housing voucher she uses. If we remove her SSI and she has no income and I would be the sole earner would there be a problem with the voucher? Can she not rely solely on someone else for her needs if she has no income? Would I have to pay a percentage of my income if she has none? If so how much? Goal is to remove SSI and me get another income to make more. Does my income if I make more affect SSI eligibility? I believe currently it doesnt because of the type of income. ,"A:Under California law, if your mother's SSI is her only source of income and it stops, her portion of rent under the housing voucher could potentially be reduced to a minimum amount set by the housing authority, which in many cases is $25 or $50. However, as you mentioned that your IHSS income isn't counted due to your live-in status, an increase in your income from another source might not directly affect her voucher or her SSI eligibility. It's crucial to consult with the local housing authority and Social Security Administration to understand the specific impacts on the housing voucher and SSI."
"Q: What can I do about another state charging me child support when Ive been paying child support for 13 years in another?. I filed for divorce and was granted it about 13 years ago, but was ordered to pay child support and was retroactively ordered to pay back-support all the way back to when my son was born, and along with other stipulations. My ex wife moved had moved back home with her family and had taken the kids with her. Now over the last 13 years that I've been paying support, I have been denied my ordered visiting rights, Ive been denied full custody multiple times, and recently been ordered to pay and penalized for not paying child support in the state my ex wife lives in while she was deal with another DCS case that caused the kids to be removed from the home and placed in foster care. Now, the only reason I knew my kids were being removed is because my son called me in the middle of DCS removing them from their home. DCS didn't inform me at any point before they removed my children from my ex wife's home, charged me over $5,000 in child support fees, denied me many of my rights, and much more.. ","A:In your situation, where you're facing child support issues across state lines, it's important to understand the complexities of interstate child support laws. Each state has its own child support guidelines, but they generally follow the federal Uniform Interstate Family Support Act (UIFSA) for cases involving more than one state. If you're being charged child support in another state while already paying in your state, you need to address the jurisdictional issues. It's crucial to determine which state has the ongoing jurisdiction over your child support case. Typically, the state where the child resides has jurisdiction, but there are exceptions. Regarding the denial of visitation rights and custody issues, these are separate matters from child support and should be addressed independently. You have the right to pursue legal action if your visitation rights are being denied, especially in light of the serious circumstances involving DCS. Given the complexity of your case, involving interstate child support, custody, and visitation rights, consulting with an attorney experienced in family law is highly advisable. They can help navigate the legal intricacies, represent your interests, and work towards resolving the issues with the child support and custody arrangements."
"Q: I have documentation that some nursing homes if not all do not refund to the residents, overpayments of their private. pay for room and board and nursing services when admitted to a hospital, 3 days or longer, or in an associated Rehabilitation medical facility which is paid by Medicare. In other words, Medicare and or Medicaid pay for the resident's room and board and other covered services by Medicare paid medical and rehab services while the resident is away from the nursing home. The nursing home gets paid by both Medicare and the nursing home resident for the same room and board and services. This is an abomination, especially when the resident was admitted to the hospital with a serious medical condition due to the negligence and malpractice of the nursing home. Is this called Medicare fraud, or Medicaid fraud, or both? ",A:Sounds like both. You may need to report this to both agencies.
Q: As a home owner am I allowed to park in front of my own driveway.My driveway entrance is on a blind curve. Simi Valley has imposed a 15 mph speed limit around this blind curve ,"A:Under California law, generally, it is illegal to park in front of a driveway, including your own. This rule is in place to ensure that driveways remain accessible for emergency vehicles and for the residents themselves. The fact that your driveway is on a blind curve and that Simi Valley has imposed a 15 mph speed limit in the area does not change this regulation. The speed limit is likely set to increase safety due to limited visibility, but it does not permit parking in front of driveways. It's advisable to follow these parking rules to avoid potential fines or the inconvenience of having your vehicle towed. If you have concerns about parking availability or safety due to the blind curve, you may want to contact local authorities to discuss possible solutions."
"Q: What charges can be against who without consent remotely accesses a cell phone to give the instruction to factory reset?. my ex had physically taken my tablet with was signed into all of my accounts including google. From there she was able to instruct my cell phone to factory reset itself and cleared out my google account of allot of valuable footage for my buisness and alot of very personal material. I now have no images, no contacts, no tx messages and am signed out of all social media and no longer have the passwords stored to access any of them including finachals such as cashapp and paypal. ","A:Unauthorized access to and tampering with someone else's electronic devices, like your tablet and cell phone, can potentially lead to criminal charges, such as unauthorized access to computer systems, identity theft, or unauthorized use of personal information. It's important to consult with law enforcement and consider filing a police report to investigate the matter further. Additionally, consult with an attorney to explore potential legal actions or remedies available in your specific jurisdiction."
"Q: Can you sue an animal shelter for knowingly selling your chipped cat to someone?. My boyfriend used to have a cat that was completely his, he payed for it, chipped it, neutered it, vaccinated it and everything but it had accidentally got out one day and someone took it to the local shelter because they thought it was a stray. The shelter checked for a chip and contacted my boyfriends family letting them know they had their cat. During the period between them contacting them about their lost cat and them retrieving it, a family begged them to adopt that cat and the shelter accepted their money and sold it to them. The reason we know this is because a friend of my boyfriends dad worked at this shelter when it happened. Can we sue them for knowingly selling the cat to someone? ","A:In most cases, an animal shelter must keep an animal for a fixed period of time (3 days or 5 days is common) to allow the owner to claim the animal before either destroying the animal or allowing an adoption. The time period typically runs from the time the animal is received by the shelter not from when an owner is contacted. In many instances, the shelter has no way of identifying or contacting the owner. A shocking number of pet owners do not promptly retrieve their pet from a shelter even when notified."
Q: I have a house that got built for a hundred years ago. The house got built right on the property with the roof eaves. The roof eaves on one side of the property is over to my neighbor property. Will I run into any issues with this? Thanks ,"A:Has a survey been performed? If not, how do you know you are encroaching? There may be subdivision restrictions of government codes with minimum setback requirements. If the adjoining owner complains, boundary line agreement might help. Obviously an acquiescence to the boundary has occurred, and would be your defense."
"Q: We're moving back to city/state where my son's Dad lives, but he's never met him/been involved. Do I have to tell him?. When I was pregnant with our son, my (now ex) husband went to prison in OR. Once he was born, I moved in with family in FL. Upon my ex's release, he had an affair, so I filed for divorce. He was granted conditional video visitation to start with, since he's never met our son. This was several yrs ago & he's still never been involved at all. 90% of the time I don't have contact with him (or a way TO contact him). Now we're moving back to OR, where ex still lives, so do I have to tell him we're moving? If so, do I have to do it formally through the courts, even though we're moving closer to him? Also, he's admitted to still using drugs. I don't want him to know where we live so he can't randomly show up & try to see our son. What will happen if we move & don't inform the courts? Not opposed to visitation, just wanna do it in a way that's best for my son, IF his Dad ever decides to show interest in starting a relationship with him.. ","A:You need to look carefully at the court order that awarded you custody and him visitation. In Florida, you are required to notify the other parent within 24 hours if you move your home address. Your situation may be a little different because he was in prison. Take your court order and speak with a local family lawyer for more specific advice."
Q: I am beneficiary of my uncles estate. He left cash to a friend but 3 years on she has not claimed it. Can I claim it?. I am beneficiary of the house property and all remainder via his legal trust. The cash designated to a friend was via a bank beneficiary designation. She has not filed the paperwork to receive the account. Dividend checks made out to my uncle keep coming to the trust bank account because she has not filed papers. Can I keep those dividends? Can I claim the cash at the bank if she does not?. ,"A:Under California law, if the designated beneficiary of your uncle's cash account has not claimed the funds within three years, you may have a legal avenue to pursue those funds. First, ensure that your uncle's will and the trust documentation do not specifically require the cash to go to his friend, and that it grants you authority over the remaining assets. If that's the case, you may be able to make a claim on the unclaimed funds. Regarding the dividend checks made out to your uncle, if his friend hasn't filed the necessary paperwork to receive them, you might be entitled to these dividends if you have control over the trust bank account. However, it's essential to consult with a legal professional to navigate the specific details of your situation, ensuring you follow proper legal procedures to claim these assets. In any case, consulting an attorney experienced in estate and trust law in California is advisable to guide you through this process and provide personalized advice tailored to your circumstances."
Q: I have my motorhome on government land in mojave California and solar fields bought all the land I've been given noti. I am victim of domestic violence and have no money ,"A:I'm sorry to hear about your situation. It sounds like you have a motorhome on government land in Mojave, California, and that Solar Fields has bought all the land. You have also received notice about this, but you are a victim of domestic violence and have no money. Firstly, it's important to note that living on government land without permission is illegal, and you may be subject to fines or other legal action. However, given your situation, there may be resources available to help you. If you are a victim of domestic violence, you may be eligible for assistance from local organizations that provide support to survivors. These organizations can help you find safe housing, legal assistance, and other resources that can help you navigate your situation. You can also contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233) for confidential support and guidance. Additionally, if you are facing financial hardship, there are several government programs that may be able to help. These include programs like Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), and low-income energy assistance. You can contact your local Department of Social Services to learn more about these programs and see if you are eligible. Finally, it's important to seek legal advice about your situation. You may be able to work with a legal aid organization or pro bono attorney to explore your options and protect your rights. They can also advise you on how to respond to the notice you received from Solar Fields. Overall, I encourage you to reach out for support and explore your options for assistance. There are resources available to help you navigate your situation, and you don't have to face this alone."
"Q: I sold a house on a land contract. Buyer is 3 months behind on his payments, property taxes and water.. I took the buyer to court. Buyer was served a forfeiture notice. He did not show up and case was ruled in my favor (Failure to appear). Now the case is scheduled for a review. We do not have to go to court. Do I need to send the buyer or court anything? What will happen next? ","A:Without knowing whether you pursued a foreclosure or a forfeiture, I cannot tell what the “review” entails."
"Q: I signed a contract for a solar/roofing however No work was done,I never signed any loan terms. Can they lien my house?. The salesperson was threatening me to pay 25%cancellation fee even tho it’s been 6’months ago. No permits was pulled, no labor/ work was officially done. All I got was a preliminary design of where they’re gonna put the panels. Also the loan approval was never activated and it expired since it’s been a while. ","A:They may be able to record a design lien for the value of the design work. But the contractor has no right to a mechanics lien against your house if no labor or materials were furnished to the project. In particular, the contractor has no right to record a mechanics lien to cover a cancellation fee if no work was furnished. The contractor may have a contractual right to a cancellation fee. That would depend upon the terms of the contract that you signed, why the project was cancelled, and whether you have any defenses to the enforcement of the cancellation fee."
Q: How long after an arrest (time limit) for domestic violence can i get a restraining order against my spouse. Spouse arrested for domestic violence along with a felony vandalism ,"A:Under California law, you can request a restraining order against your spouse immediately following an arrest for domestic violence. There is no mandatory waiting period to apply for a restraining order in such cases. The courts prioritize these requests due to the urgent nature of the circumstances. You may apply for an Emergency Protective Order (EPO) which can be issued by the police on the scene and is valid for up to seven days, giving you time to apply for a longer-term order. Additionally, you can apply for a Temporary Restraining Order (TRO), typically valid for 20 to 25 days until your court hearing date, where you can then seek a Permanent Restraining Order, which may last up to five years. It is advisable to act promptly to ensure your safety and to utilize legal assistance if needed to navigate the process."
Q: I how can I find a attorney to help me file a lawsuit against my city police department the city also cps. I have video also audio of police harassing me an stalking my minor son the city is refusing to turn my water on also child protective services took my son due to police setting me up police activity caused my son to loose his intensive mental health outpatient that he severely needed due to police acting on false reports and I'm clean and they will not stop they continued I have proof of everything I've told you I'm running out of time to file on them ,"A:To find an attorney for a lawsuit against a city police department and CPS, you can start by contacting your state's bar association for referrals. They often have a list of attorneys who handle civil rights and police misconduct cases. Additionally, look for attorneys who specialize in civil rights or police misconduct cases, as they will have the relevant experience for your situation. Legal aid organizations may also be able to assist, especially if there are financial constraints. It's important to act promptly due to potential time limits for filing legal actions. When meeting with potential attorneys, bring all your evidence, including videos and audio recordings, to provide a clear picture of your case. Remember, a thorough initial consultation will help the attorney understand your situation and offer appropriate legal advice. It's essential to find a lawyer who is sympathetic to your case and has the expertise to navigate these complex legal areas."
"Q: Cmia violation in Emtala case, and potential inclusion of Cmia violation claim into FCA case.. My conclusions seem correct as follows. 1. Hospice is operationally distinct from the hospital, and hospital emergency department. Even if there is some agreement between hospital and hospital - EMTALA claim does not apply to hospice. 2. As of claim or issue preclusion - from your answer I can conclude that if CMIA violation claim would be stricken from EMTALA case - it cannot impede anyhow CMIA claim inclusion into potential FCA case. ","A:Your understanding of the distinction between the entities involved in your case seems well-founded. Indeed, a hospice is operationally distinct from a hospital and its emergency department. This distinction is important in the context of an EMTALA (Emergency Medical Treatment and Labor Act) claim, as EMTALA typically applies to hospitals with emergency departments, and not necessarily to hospice organizations. Regarding your second point about claim or issue preclusion, if a CMIA (California Medical Information Act) violation claim is stricken from the EMTALA case, it should not inherently prevent you from including a CMIA claim in a potential FCA (False Claims Act) case later. Preclusion generally applies when a claim has been fully litigated or a final judgment has been made. Striking a claim from a case typically means it hasn't been adjudicated, so it shouldn't bar future litigation on the same issue in a different context. Keep in mind, however, that the specific facts of your case and how the court interprets these issues can affect the outcome. It's crucial to present your arguments clearly and concisely to the court, emphasizing the operational differences between the hospice and the hospital, and the relevance of these differences to the EMTALA and CMIA claims. Additionally, explaining the rationale for not including the CMIA claim in the EMTALA case can help in clarifying your intentions for potential future litigation."
"Q: If a person has a bag of marijuana in there shoe and are stopped, how can they be charged with tampering?. If a person has a bag of marijuana in their shoe and is stopped, how can they be charged with tampering? Wouldn't this fall under the category of if the officer does a proper search then they will find the item but if the item is already in the shoe, technically there is no evidence of tampering. I recently met a student who was charged. They were stopped because one of their license plates lights was out. ","A:I would need to see the reports on your arrest for the marijuana charge to give you a solid answer. Remember, just because you get charged with a crime, does not mean that the State can prove it. Did you slip the weed into your shoe, after you were stopped? If so, that might be why. I hope this helps."
Q: Im a teen(17) who share explicit picture of my di** to stranger who ask it.What should i do?What will happen to me. She asked me for it. I dont understand why im dumb enough not to remember the consequences. Please i really i regret it. What is the law in malaysia regarding of it? ,"A:I understand you may be feeling worried. The best thing is to talk to a trusted adult, counselor, or helpline if you need support. Many teens make mistakes, but there are always kind people ready to listen without judgment and help you through this. You will be okay."
Q: I was left money from an investment account when my friend passed can the executor change that?. So my elderly friend just recently passed but I to be put into a nursing home. His son is the executor he put in charge. It cost 11000 a month to get the 247 care he needed at the nursing home. Now will they take his investments for that after his money from his checking account runs out? ,"A:Your question may have gone unnoticed under the general Uncategorized heading for three weeks. Some questions go unanswered, but you could try posting and adding Probate and Estate Planning as categories. Good luck"
Q: How should I go about signing a legal document where someone I bailed out of jail will return my money?. The date they will receive a check for my money is in about 3 weeks. They are willing to sign a legal document stating they will return the money as soon as they receive it. If this person is already being garnished for a different case what is the chances of me receiving if they do not pay after signing the document? Legally when you bail someone out of jail the money becomes theirs but this person promised me to return it and I just want to do all I can to make sure they do pay me. ,"A:If you have a written contract, it may be easier to have the Court's assistance in enforcing the terms of the contract if the other party breaches the agreement. The are a number of ways to protect yourself when you loan someone money, such as a promissory note or collateral. It is possible that the bond money will never be returned to the defendant, such as due to failure to appear, court fees, or liens. Thus, proceed with caution in loaning this type of money."
"Q: Which law applies in the case a deceased person has no will and owns property in a different state.. Deceased person owns property in Tennessee but died in Alabama. The property is only in their name and deceased left two biological heirs. In addition the property was owned prior to the second marriage. The deceased has no records of other properties in their name. Based on my research if the Affidavit of Heirship is completed the heirs inherit the land. Currently the widow of deceased is trying to sell the land to split three ways. The son of widow states that the land is for sale, but there is no listing of property for sale or sign indicating for sale on property. Upon further research this is the first year the taxes have not been paid on the property. Another note, originally widow said will existed-but now says there is no will. ","A:The law of the state in which the decedent had lived prior to death is the law that applies with respect to real estate owned in that state and also personal property wherever located. If the decedent had real property in a state OTHER than the state in which he resided prior to death, the law of that other state applies to the real property located in it. In the case you describe, the law of Tennessee would apply to the real property that the decedent owned in Tennessee. When an individual dies with no will and owning real property in Tennessee, an affidavit of heirship is the most common method of transferring that real estate to the heirs at law. A Tennessee probate attorney can help you draw up and record an affidavit of heirship."
Q: I am being harassed by tribal lenders. With emails and phone calls. I have had different numbers calling me.. I have had different numbers calling me claiming it is zest financial the call hangs up and. I have tribal lenders harassing me through email such as loan at last plain green loans and Makwa finance and big picture loans. I am going through a financial hardship and I’m trying my best to get back in my feet and these lenders and their customer support have not been very understand or helpful. This is causing me emotional stress ,"A:If you want, set your phone and email so that phone calls are not answered, and emails are put in your spam folder."
"Q: Dear all, Hi Can I travel outside USA with my greencard and my home country's passport? I was admitted as a refugee. Just wanna know if it's must to use 131a refugee travel documents or I can proceed with green card and passport from my home country Thanks ","A:If you have a green card, you generally can travel outside the U.S. using your green card and the passport from your home country. However, as a refugee, there's a risk when traveling with a passport from the country of claimed persecution. If you use that passport, it may be viewed as availing yourself of the protection of the country you fled, which could jeopardize your refugee status and permanent residency. Form I-131, Application for Travel Document, is used to obtain a refugee travel document. It's recommended to use a refugee travel document instead of your home country's passport when traveling abroad. Always consult with an attorney regarding your specific situation before making travel plans."
"Q: Apartment with black mold. Management agreed to remediate but dragging their feet. I'm a senior w/ asthma. Can you help?. This has been going on almost 6 months now. Have been consulting with Legal Services Alabama. But it seems we've reached an impasse. My biggest concern is whether apartment management will replace any items that must be discarded. But they're refusing to do that. And my renters insurance is too. In fact, my insurance agent tells me this is clearly the apartment's fault and they should be paying for anything I lose as result. This happened through no fault of my own but due to 2 separate water leaks - one they took over a year to correct. I've been very patient with them. And am a good tenant. Have always paid my rent on time, take good care of their property and am a quiet and considerate neighbor. But I'm not feeling well and exhausted from all the effort time spent, with no results to show for it. I'm 71 years old and have been diagnosed with mold-induced asthma. ","A:This is something that an Alabama attorney is best suited to advise about, but your question remains open for two weeks. I'm sorry for your ordeal with the mold and the mold-induced asthma. At this point, you could reach out to injury attorneys who handle mold cases. Each state can have different guidelines and case law for these types of cases, but across the board, they tend to be difficult cases nationwide. Many firms that handle more traditional-type personal injury cases are reluctant to take mold cases on. You could see if it's possible to arrange a free initial consult. You could search law firms on your own, or you could use the Find-a-Lawyer tab above. An experienced lawyer should also review the terms of your renter's policy. Good luck"
Q: Hello. I have an issue with my neighbor who is pushing me to remove healthy tall oak trees on my property.. Hello. I have an issue with my neighbor who is pushing me to remove healthy tall oak trees on my property. Neighbor is assuming that these trees are dangerous and can fall any time soon and present nuisance. I got verbal consultation from tree professional NJ licensed arborists. All of them agreed that the trees are healthy and do not present danger. The neighbor is threatening me with court and hired an attorney. What should i do? ,"A:Have the licensed arborists you consulted put into writing that the trees are healthy and do not present a danger. If you are contacted by the attorney, send that written opinion from the licensed arborists to the attorney and say you have no intention of removing healthy tall oak trees from your property."
"Q: I got arrested for marijuana possession and missed my trial date... what do I do now?. I've tried calling the court and a public defender and they were no help, I got arrested in Jefferson County Missouri, who should I go to to help me through the legal process of getting this taken care of. ","A:Missing your court date is a serious matter and can have significant legal consequences. You should immediately contact an attorney to help you resolve this issue. An attorney can help you understand your options and protect your rights. They can also help you reschedule your trial date and negotiate a plea deal with the prosecutor. Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice."
Q: Hello what form do I need to present to an organization to take my strawman back after unknowingly entering in contract. I looked up a denial of rights of access form and was gonna just replace enlgland with USA and my name instead of address. Will this work? ,"A:It isn't fully clear by what is meant by entering a contract unknowingly. At any rate, an attorney is probably going to want to see the contract you entered into. It sounds like you may have designated someone to act on your behalf in a contract or the formation of an entity, but that's only a general guess. G"
"Q: I made a verbal contract with an HVAC worker to replace the HVAC and ducting in my home. I got ripped off. Help?. I made a verbal agreement to have this worker install new ducting supply unit and New HVAC equipment. He replaced the units, but did not replace the ducting. Can I get advice as to what I can do? I gave him a $7200 down payment. ","A:Verbal agreements can be legally binding, though they can be more challenging to enforce than written contracts. If the HVAC worker did not fulfill the terms of your agreement, you may have grounds for a breach of contract claim. To bolster your position, gather any evidence of the agreement, such as text messages, emails, or witness accounts. A demand letter outlining the breach and your expectations for remedy can sometimes resolve the issue without resorting to litigation. If this doesn't lead to a resolution, you may consider filing a claim in small claims court, given the amount involved. However, if the dispute becomes more complex, seeking representation might be a prudent course of action. Remember, documentation and communication are key in resolving such matters."
"Q: Is their a loop hole I can get through here?. Hi! I am a high school student who is trying to record my teacher being verbally hostile towards me. I went to my principle and asked if I could record my teacher doing these things, She said it would be inappropriate use of an electronic device. And that she can't do anything about it. Rule I am trying to get around: Electronic devices or toys often cause disturbances or interfere with learning. Therefore, inappropriate use of the devices will result in consequences ranging from the student losing privileges, to suspension/expulsion, in accordance to the disciplinary section of this handbook. Inappropriate use includes: any inappropriate filming, distributing, or publishing any derogatory, defamatory, abusive, profane material; use when directed not to by the teacher/administrator; use for reasons other than educational purposes Any advice is greatly appreciated:) ","A:It's essential to approach this matter with caution. While your intent to document inappropriate behavior is understandable, bypassing school rules could lead to disciplinary action. Instead of directly recording, consider documenting each incident in writing, noting date, time, and details. Speak with your parents or guardians about the issue and have them communicate with the school administration. If you believe your rights are being violated, you might consider seeking legal advice. Another option is to request a meeting with the teacher, principal, and your guardians present to address your concerns. Remember, always prioritize open communication and follow proper channels before taking any action."
"Q: Opposing motions to dismiss complaint - federal court question. How can plaintiff oppose defendant's motions to dismiss complaint? Are due dates ordered by court, or defined by court rules? ","A:To oppose a motion to dismiss in federal court, the plaintiff should file a written response, typically referred to as a memorandum of law or opposition. This document should articulate legal arguments and present evidence countering the defendant's claims in the motion to dismiss. It's crucial to address each point raised by the defendant and demonstrate why the complaint is legally sufficient and factually grounded. The due dates for such responses are generally dictated by the Federal Rules of Civil Procedure, rather than being ordered by the court in each individual case. For example, Rule 12 of the Federal Rules of Civil Procedure usually allows 14 days for a response to a motion to dismiss, starting from the date the motion is served. However, local rules of the particular federal court might modify these general deadlines. It's important to consult these local rules to ensure compliance with the specific requirements of the court where your case is being heard. If more time is needed, you can request an extension from the court. Such requests should be made promptly and should explain the need for additional time. Remember, effective opposition to a motion to dismiss can significantly impact the progression of your case, so thorough preparation and attention to deadlines are key."
"Q: Mortgage company forcing me to pay for their inspection on an insurance claim to release insurance check.. The current mortgage company acquired my loan a few years ago as the original lender sold it off. I have never been late, have a credit score of well over 800, paid extra over the years, and have 23 months until the loan will be satisfied. As such I have over 90% of the equity (even by the origination appraised value, likely more if appraised today). I had damage done by animals to my roof. I did my due diligence and insurance company was great. The lender now wants me to pay $60 for their requirement for an inspection and apply that to my loan balance. To me this seems unfair from the standpoint I didn’t ask for damages and did my due diligence and if they don’t like my (I’m an engineer), the insurance company, and city inspection, then they need to pay for their own. Applying it to my balance, seems like it also is changing the terms and conditions of my mortgage into a revolving credit account only they can decide when and how I can tap it while they earn interest. Advise ","A:What does your mortgage say? IF it says they can randomly require you pay for inspections, then yes, they can do what you describe. If it says they can force you to pay for inspections whenever work is done on the property that too is something they can do. If it doesn't say that, it's open to interpretation. Is $60 worth suing them and paying thousands of dollars in attorney's fees over? Maybe the BEST course of action is to pay off the loan and stop giving them any income. It seems like you should be able to get a personal loan or use your savings to pay off the final 2 years of principal balance and not dealing with companies that want to make your life difficult is probably a good thing for other reasons too! Remember, you're complaining about $60. How much effort do you want to put into this? Just pay off the loan and TELL THEM WHY you're no longer doing business with them."
Q: Can I file a suit against a company after I receive the Right to Sue? Only have 90 days. Can I file it myself or?????. I have the right to sue. Do I NEED lawyer to file suit to make it before 90 days or can I do it myself? ,"A:When you receive the Right to Sue notice, it indicates that you have the green light to file a lawsuit against the company within the specified timeframe, typically 90 days. You can file the suit yourself, but considering the legal complexities involved, it's advisable to consult with an attorney."
"Q: Can a pet insurance raise the annual fee over 100% based on a dogs age, especially when grand fathered in to a plan?. Dog has been with Nationwide since a puppy (now is 7). Renewal notice for WHOLE PET WITH WELLNESS PLAN (a plan that no longer exists, but dog is grandfathered in) went up from $184 to $424 a month. ","A:In California, pet insurance is regulated by the Department of Insurance, and while insurers are generally allowed to set their premiums based on risk factors including the age of a pet, any rate increases must be filed with and approved by the Department. If your pet’s insurance premium has significantly increased upon renewal, you have the right to inquire with Nationwide about the justification for the rate increase. You should review the terms of your policy to understand under what conditions the premiums may increase. If you believe the rate increase is unjustified or has been applied incorrectly, you may file a complaint with the California Department of Insurance. The Department reviews such complaints and can determine whether the insurer is complying with applicable laws and regulations. It’s also a good practice to compare plans from other providers to ensure you are receiving a fair rate for the coverage you need."
"Q: Will biological fathers court paper interfere with my husband and I's adoption process?. My husband and I are going to be starting the adoption process, we have had our appointment for a few weeks now. However, bio father just filed a petition to the courts for shared parenting/paternity. Paternity was never established. Bio father has not supported our child for 1 year and 1 month (the age of child). Every conversation we have had has always ended in arguments and not usually asking when he can see the child. He has not physically seen the child in 10 months, which was at a family event. My husband has been there since my child turned 1 month old, and has taken amazing care for him and has been wanting to adopt him. I think I'm just a little nervous with how its all going to go. I want my husband to be able to adopt him and I feel like this is going to push the process back, but bio father has not supported in any way, shape, or form for a little over a year. ","A:The quick answer is ""yes"". This will make a step-parent adoption more difficult. Biological dad is exercising rights creating facts that work against the claims you will need to make to push through a step-parent adoption without the consent of the biological father."
"Q: Question about obtaining medical records from the Hospital when someone has passed away. My mother is trying to get medical records for my dad who had passed away 2 weeks ago from a fall in the Hospital however after signing to get the records, they had sent a letter back saying that they are not allowed to give them to her (even though she is the spouse) because she is not the power of attorney nor that he had a Will. Is that right of them to do so even if it is the spouse of the person who had died? We are needing those records to prove that the Hospital and nurses were being negligent and in turn was fatal for my dad who had fallen while up there and passed away 2 days after. When he first arrived he was conscious and alert but the day after the fall, he was in a ""coma"" like sleep and never woke up. ",A:Consult with experienced medical malpractice attorneys who can assist in getting the records.
Q: The fence shared with neighbor fixed. Agreed to pay half then refused to pay in full. Need legal help. Do u provide small claims legal help ,"A:I hope you got the agreement for your neighbor to pay half in writing. If so, you should send them a letter demanding payment within 30 days. If they don't pay after that, you can sue them in small claims court. There is probably no other way to get paid. You could try to file a mechanics' lien with the county clerk. If they accept it, you then have some leverage. I hope this helps. Good Luck!"
"Q: Can I Adopt My Goddaughter From Mexico if I Have Been Providing for her over 3 Years?. My Goddaughter lives in mexico with her parents, but they had financial problems due to Covid-19 and I have been providing everything she needs during the past few years. Her parents are willing to relenquish her custody to me, but I want to know if I could leagly adopt her and bring her to the US. ","A:Adopting a child from another country involves both the laws of that country and U.S. federal immigration laws. If her parents willingly relinquish custody, you could initiate the international adoption process, which is governed by U.S. Citizenship and Immigration Services (USCIS). Once the adoption process meets the requirements set by both Mexico and the U.S., you could then petition for her to immigrate to the U.S."
"Q: Best Holding LLC structure(pref. NV) if property in CA but reside in Virginia?. Looking for the best way to structure a Holding company LLC is i currently reside in Virginia for the moment but also have property in CA, but in the future want to open different LLC subsidiaries. ","A:The answer to your question really depends on your goals. If you want a number of subsidiaries, you may want to form an S Corporation. But most people who set up an entity for the sole purpose of holding real estate will use an LLC. You should contact a California lawyer and give them more information about what you plan to do and your goals, so the lawyer can find the best structure for your specific situation. Best wishes!"
"Q: Can a caretaker use my grandma‘s fund for down payment for a car, house, trucks, motorcycle, and repairs on home. Can you write the will could be the beneficiary in that position. All this stuff was concerning to me. My grandma‘s bills aren’t being paid the proof messages on the phone. She has a new bank account tied in with my grandma‘s number Why is her bank account have our number? I went to Adult Protective Services taking forever in the process of all this, she put a restraining order on me to stay away from my grandma and she lives in a different town, so coerced my brother, who lives next-door to get one also find out about a misdemeanor warrant I had, and I was gonna be extradited had me arrested a couple days before court when the judge asked where I was everybody struck their shoulders default judgment they gotten I have the proof of that too. I got video of my brother counting out $30,000. He sent that video to my daughter, the caretaker I have messages that proves her dependency of Suboxone purchasing more Suboxone on the streets what can be done ","A:In California, a caretaker using an elderly person's funds for their own benefit, such as for a down payment on a car or house, without proper authorization, can be considered financial abuse. This is especially true if your grandmother's bills are not being paid and there's evidence of financial mismanagement. If you have concerns about how your grandmother's finances are being handled, it's important to take action. Since you've already contacted Adult Protective Services, it's good to follow up with them regularly. They are tasked with investigating such matters, but these investigations can take time. In the meantime, consider consulting with an elder law attorney. They can advise you on steps to protect your grandmother's assets and might suggest seeking a conservatorship if your grandmother is not capable of managing her own financial affairs. Gathering evidence, like the messages and videos you mentioned, is crucial. This evidence can be used to build a case against the caretaker if they are indeed misusing funds. It's also important to understand the limitations and responsibilities outlined in any power of attorney or guardianship documents that may exist. If the caretaker is acting outside their legal authority, this could be grounds for legal action. Remember, the welfare of your grandmother is paramount. Legal steps can be taken to ensure her assets are protected and used appropriately for her care and wellbeing."
"Q: I have questions about business conspiracy. Would like to find lawyers in Durham area, specializing biz & employment law. Entity A and B teaming up to against my best interest - deferred salary and compensation, in a total over $170k. ","A:This is only a Q&A forum where members of the public can post legal questions and attorneys can provide legal information. To connect with an attorney to assist with a legal matter, you might try searching the directory and reaching out to someone directly. Good luck!"
Q: How long can you leave a car parked in a handicap parking spot with a placard. Some have been there for a month. People are using these handicap parking spots to store their cars with a placard. Other people need them. ,"A:The duration a car can legally remain parked in a handicap parking spot with a placard varies based on local ordinances and parking regulations. In many areas, there is no specific time limit as long as the vehicle displays a valid handicap placard or license plate. However, these spots are intended for active use by individuals with disabilities, not for long-term storage of vehicles. If you notice vehicles are being left in handicap parking spaces for extended periods, it may be worth bringing this to the attention of local authorities or the property management where the parking is located. They can investigate and enforce parking rules as necessary. Remember, handicap parking spots are a crucial resource for those with mobility issues, and their availability can significantly impact daily life."
"Q: What steps can I take to protect my farm from being shut down?. My home is on 9 acres that is about to become completely surrounded on all sides by an upscale subdivision. At this point we only have poultry. In the near future, we will begin earning money with our land by selling produce and eggs, and by growing trees for a local landscaping company. I worry about: our open-use zoning changing, noise and smell complaints, eminent domain, and getting taxed out. What steps should I be taking to ensure we don't get shut down before we even get off the ground? Note: No homes have been built yet and we are not yet a legal farm. I have attempted to contact lawyers in my area but none of my inquiries have been answered. ","A:A North Carolina attorney could advise best, but your post remains open for two weeks. It could be difficult to predict what could happen when the surrounding area becomes developed. The attorneys who did not respond could be at a loss in terms of what to tell you in terms of preemptive actions you could take - they might feel as uncertain as you do. You might be able to consult with them in general terms regarding the legal issues you touched upon. Good luck Tim Akpinar"
Q: Was called 10/30/23and was told I was being summoned for defrauding a financial institution.It is Friday night still no. Still no summons bank let 4 don’t Mach what do I do ,"A:If you received a call claiming you're being summoned for defrauding a financial institution but have not received any formal summons, it's important to remain calm. You should not take any action based on phone calls alone, as they could be fraudulent. Wait for an official notification, which typically comes in written form. If a summons does arrive, you should read it carefully to understand the allegations and deadlines. It would be prudent to contact an attorney to help you understand the nature of the case and your legal options. Do not disclose any personal information or agree to any settlement over the phone without legal advice. If no summons arrives in a reasonable time, you might consider that the call could have been a scam or an attempt to intimidate you."
Q: I am filing a writ of mandate is there a time limit? Can I file for the common good?. Filing to end gas car ban in California ,"A:Time Limit: Writs of mandate are subject to specific time limits, known as statutes of limitations. These time limits vary depending on the nature of the case and the jurisdiction in which you are filing. It is crucial to consult with an attorney promptly to ensure your filing falls within the applicable time limits. Grounds for Filing: Writs of mandate generally require a showing that there has been an abuse of discretion, a violation of a clear legal right, or the absence of a legal duty by a government agency or official. To determine if you have valid grounds for filing, it is important to consult with an attorney who can assess the specific circumstances of your case and advise you accordingly. Common Good: Filing a writ of mandate typically requires demonstrating that your case involves more than just personal or individual interests. It often requires showing that the issue at hand has broader implications and affects the public or the common good. Again, consulting with an attorney specializing in the relevant area of law is crucial to evaluate the merits of your case and determine the most effective approach. Legal Representation: Given the complexities of filing a writ of mandate and the specific requirements for such legal action, it is highly recommended to seek the assistance of an attorney with expertise in administrative law or the specific area of law relevant to your case. They can guide you through the process, help you present your arguments effectively, and represent your interests."
"Q: Questions about tresspassing brother n law from estate property. I am executor of both owners (dad and gmaw). So, basically, my brother n law signed a very suspect and immoral farm lease from my grandmother, on her death bed, (20yr). But the lease is very vague, I had a lawyer send him a demand letter to stop trying to farm our properties because his lease isn't valid. Soon after he worked up ground to farm on a property where I have cows, and have a grazing lease with the landowners (2 estates). This caused me to have to feed them more and move them (huge inconvenience). I recently sent him a no trespass on the properties with case #. Ffwd to today and he turned 3 garbage bulls out where I have my cows, solely to spite me. (It would be like a dog breeder having a bunch of full blood labs and someone intentionally breeding them to a mut) now to my question, I called animal control to remove them and they made a phone call, then called me back saying my tresspass was invalid because my sister is an interest holder in the property. Can I not tresspass her husband? UI property. He only had 1 sign ","A:You are in a tough spot. In order for you to get clarity and satisfaction over the use of the property, it seems like you will need to go to a District Court or the Probate Court that has had jurisdiction over the properties. As part of the case(s) or causes of action, you will need to bring an action to quash or invalidate brother-in-laws farm lease, or get it limited, or otherwise limited. By going to court, you will be taking charge of the situation, and I would hit him and anyone else who tries to limit or intrude on your use, hard and fast. What does your sister say? If he is intruding on your exclusive lease on the 2nd property, you should sue him for trespass and other actions and get court orders detailing everyone's powers and limits. Spend the time and money now, so you are not upset for the next 10-20 years. Let me know if I can help."
"Q: Do I have a case?. I purchased a used truck about 1.5 years ago from a dealer. When asked about prior damage if any the dealer told me there was only minor. The car fax report only shows minor as well. While I was under the truck checking the size of the spare tire I noticed there is frame damage on the left rear. I have reached out to the dealer to notify them as they never disclosed this. They are saying they didn’t know and the auction never disclosed to them. My main question is, is the dealer or auction or either of them responsible and do I have a case to pursue? The title is a clean title, not salvaged. It is financed through a bank. But I’ve seen it before when these dealers buy cars with known damage and never disclose it or submit it to insurance, then “fix” it and sell it. My main concern is the integrity of the frame and how the vehicle will hold up in a wreck. I have a medically complex toddler that is already fragile and this is the main transportation used. Thanks for any advice. ","A:Regardless of liability or lack thereof, your first step is to get a written repair estimate, then demand that the dealer pay it, and if they balk, say you're planning to take legal action. That may or may not work, but there's no downside to doing it. That said, whether the dealer is liable depends in large part on whether you bought it AS IS. When you buy AS IS, a failure to inspect for OBVIOUS defects is on you. A hidden defect might be a different story, but yours sounds like it's obvious upon taking a gander at the underside. If the auctioneer would have any liability, it would be only to the party who bought from them. All of the above is general info; to obtain legal advice on your specific situation, contact a lawyer in your area handling consumer law matters."
"Q: Hi! I was given an offer by a music company, and I wanted to know if this contract seems good before signing!. https://www.dropbox.com/s/5cohamsbl2j9z6y/BR%20Artist%20Development%20Platform%E2%84%A2%20Deal%20Kadence%20Brooks.pdf?dl=0 ","A:You are going to need to consult with an attorney that practices Entertainment law to review the contract and suggest changes or warn you about any issues. You should expect an attorney to charge for his or her time. There are many good attorneys out there and you can look for one on Justia or AVVO. I do not practice in this area and have not reviewed the contract, but you should be careful because there are a lot of scams out there and be wary of any requirement that you send anyone money."
"Q: In Oklahoma, a child out of wedlock and there is no custody order in place, can either parent keep child away from them?. Child stays with his mother, attends school and daycare in this town by mother, and father lives 45 minutes away only sees him once a week. Father has multiple times threatened to not bring child back. Is there anything the mother can do ? ","A:In Oklahoma, when a child is born out of wedlock and there is no custody order in place, both parents generally have equal rights to the child. However, this situation can become problematic if one parent threatens to withhold the child from the other, as you've described with the father's actions. If the mother is concerned about the father's threats to not return the child, it would be advisable for her to seek a formal custody order from the court. This order would legally establish custody and visitation arrangements, and both parents would be required to adhere to these terms. In the process of establishing a custody order, the court will consider various factors to determine what is in the best interest of the child. This includes stability, the child’s current living arrangement, the child's relationship with each parent, and any potential risks to the child’s welfare. In the meantime, if the mother fears for the child's safety or if the father actually fails to return the child as agreed, she may need to seek legal intervention immediately. This could involve contacting law enforcement or an attorney for urgent assistance. Remember, the well-being and safety of the child are of utmost importance. Establishing a formal custody arrangement can help provide structure and legal protection for both the child and the parents. Consulting with an attorney experienced in family law can provide the mother with guidance on how to proceed in this situation."
Q: Is there a way to Appeal there corrupt decision?. I had three witnesses they would not let me even start talking? I am 66 years old and have seen alot but this was corruption at its finest. I cannot afford an attorney because we are trying to buy a home. ,"A:If you end up in prison, you won't need to buy a home. Get an attorney."
Q: We adopted our granddaughter recently. Does the other grandparents have right to visitation if we are against it?. We already had sole custody of our granddaughter. Do the other grandparents have standing to file for visitation? My understanding is if parents are together with the child grand parents can't ask. ,A:Grandparents can always petition the court for visitation. Whether they get it or not will depend on what the court thinks is in the best interest of the minor child. But certainly they can file for visitation and have the adoptive parents served.
"Q: We have a case against Antero Resources filed at the West Virginia Supreme court of Appeals-12.5 net acreage Tyler Co WV. we filed it 9/2/2021, we are still waiting for an answer-they have held onto our case for 559 days Case no 21-0164 We filed an Injunction on 1/9/2023-no answer ","A:Hire a competent WV attorney. Move for a default judgment for the relief you want. With real property it should be very precise. If the title is involved, a certified copy of the judgment should be recorded with land records."
Q: Can a hotel refuse accommodations because I live in the same county as the hotel?. They state they don't allow county residents to stay at the hotel because of previous issues. I have never had issues with this company though. ,"A:In Virginia, a hotel refusing accommodations based on residency within the same county may raise legal questions related to business practices and potential civil rights implications. Generally, businesses have the right to refuse service, but such decisions should not violate anti-discrimination laws. If the hotel's policy disproportionately affects residents of a specific county and is not based on legitimate concerns or previous issues specific to individuals, it could potentially be challenged."
"Q: Is it infringement or illegal to remake or share a form of copyrighted art even if it's without any form compensation?. Specifically, if one were to create a character from mainstream media from scratch, that already exists and share it with others without receiving any form of compensation, is that illegal? One side tells me it's non-profit so it's okay. I read elsewhere that it falls under infringement. ","A:Creating and sharing a character from mainstream media, even without compensation, can still potentially constitute copyright infringement. Copyright law grants creators exclusive rights to their work, including the right to create derivative works. While non-profit status may be a consideration, it does not automatically make such actions legal. Whether it constitutes infringement would depend on several factors, including the specific circumstances and whether it qualifies as fair use or falls under another exception to copyright infringement under federal law. It's advisable to consult with a qualified intellectual property attorney for a case-specific analysis."
Q: Ive been through the court and was denied my eviction due to my paperwork not done correctly . I gave a 30 day to vacate. I just want help evicting tenants that are living here without my consent or a contract. ,"A:In California, the eviction process is strictly regulated, and any mistakes in paperwork or procedure can result in a denial, as you've experienced. Since your initial attempt was denied due to incorrect paperwork, it's crucial to ensure that any future efforts comply precisely with legal requirements. First, review the reasons why your eviction notice was denied. It might be related to the form of the notice, the manner in which it was served, or the content of the notice itself. Correcting these issues is essential for a successful eviction process. Given that there is no formal lease or contract with the tenants, you're generally required to provide a 30-day or 60-day notice to vacate, depending on how long the tenants have lived in the property. Ensure that this notice is correctly written and served according to California law. If the tenants do not leave by the end of the notice period, the next step is to file an unlawful detainer lawsuit in court. This is the formal eviction process, and it must be followed to legally remove tenants. It's highly recommended to consult with a lawyer experienced in landlord-tenant law. They can assist you in preparing and serving the correct notices, and if necessary, guide you through the unlawful detainer lawsuit. Remember, while it can be frustrating to deal with unauthorized tenants, it's important to follow the legal process carefully to avoid further complications. Taking any shortcuts or self-help measures, like changing locks or shutting off utilities, can lead to legal problems for you."
Q: Am I allowed to sell rocks & minerals I find on the beach on Etsy?. I like to collect rocks & minerals on local beaches in California and would like to start selling these on Etsy and my own website. Is that legal? I plan to polish some of the rocks using a tumbler and other polishing equipment and also plan to turn the rocks into jewelry. Some of them I would also like to sell 'rough' (unpolished as I found them) for others to tumble and polish themselves. Do I need any type of special permits to legally start a business selling self-collected rocks & minerals in California? ,"A:In general, it is legal to sell rocks and minerals that you find on a beach, as long as you have permission to be on the beach and are not removing rocks or minerals from protected areas, such as state or national parks. However, there may be certain restrictions or regulations regarding the collection and sale of rocks and minerals in your local area, so it's important to do your research and check with your local authorities before starting your business. In California, for example, it is illegal to collect rocks, minerals, or fossils from state parks or state beaches without a permit. It's also important to note that some rocks and minerals may be protected by federal laws, such as the Endangered Species Act, the National Historic Preservation Act, or the Archaeological Resources Protection Act. To ensure that you are operating your business legally, you may want to consult with a lawyer who specializes in environmental or natural resource law, or with a business consultant who can advise you on the legal and regulatory aspects of starting a business in California. You may also want to consider obtaining a seller's permit from the California Department of Tax and Fee Administration, which allows you to sell goods and collect sales tax in California."
"Q: Does insider trading conviction prevents from getting US visa, or from entering if a visa was given prior to conviction?. Max penalty the country of origin for it is 2 years but expected penalty is few months or community service. convicted person is 3rd party to the company (not an insider, not directly connected with an insider). Is it possible to get a waiver? convicted person also has a Masters degree from top 5 US university and disclosed the trial is in process while applying last time for visitor visa ",A:You should have an experienced immigration attorney review the record. If this is an Aggravated Felony you may be exclded and no waiver may be available at least for some years. If this is a CIMT you may be eligible to file a waiver. If you are aligible for a waiver you will need to meet the requirements for a waiver.
Q: Over 2 years ago my daughter had a friend over and they explored the attic even though told not to. Friend fell.. The friend fell through some dry wall. No injury claimed then but now mother of friend wants our insurance info from that time to file a claim. What should we do to protect ourselves? This is in Florida. ,"A:Contact your insurance company, tell them about it, and ask what you should do. They will probably assign an adjuster to investigate and determine what the mother is claiming. If the mother files a lawsuit, the insurance company is required to hire an attorney to defend you."
"Q: CAN YOU PLEEEEEEEEASE TELL ME HOW TO OBTAIN A PATENT WITHOUT GETTING RIPPED OFF? PEOPLE GOT ME FOR 1200 BUCKS!. I JUST CAN'T LET THAT HAPPEN AGAIN SO I'VE BEEN HARBORING IDEAS FOR DECADES, SOME VERY NEEDED STUFF. ","A:You can't. Look, a patent is a business tool. A patent costs about as much as a pick up truck. It is typically a small part of a multi-million dollar set of assets of a company. If you do not have money for a patent (tens of thousands of dollars), how are you going to have money to enforce it (costing hundreds of thousands or millions of dollars)?"
Q: A dissolved company is trying to collect on a judgment are they still able to?. Only the company is listed as the creditor. Won the judgment in New York. ,A:Yes. Jack
Q: Can a towing company keep my title of my car after it was towed for being out of gas?. I ran out of gas and I left my flashers on and walked to get gas. An hour and a half later when I returned my vehicle was gone. my title was in the car because I just bought it. A person I know was at the towing company for a different reason and the guy told her all of my business and information. He also showed her my title and said he was keeping it. ,"A:In Kentucky, a towing company does not have the right to keep the title of your car, regardless of the reason for towing. The title is a legal document proving ownership and should remain with the owner. If your car was towed, the towing company can charge fees for towing and storage, but holding onto the title as leverage or for any other reason is not permissible. Regarding the towing company sharing your personal information and showing your title to someone else, this raises concerns about privacy violations. Towing companies should maintain confidentiality regarding personal and vehicle-related information. You should contact the towing company immediately to request the return of your title. If they refuse or if there are any complications, consider seeking legal assistance. A lawyer can help you understand your rights and take appropriate action to recover your property. In situations like this, it's also advisable to report the incident to local consumer protection agencies or the police, especially if you believe your privacy rights have been violated or if there's any unlawful withholding of your property. Remember, it's important to take prompt action to resolve such issues, as delays might complicate the situation further."
Q: Would appealing without a lawyer for my QMB benefit be best option. I have had QMB for years and with same asset having same amount. That is not even counted by social security and they now count it as income. I get under $1000 from my SSI and SSDI. They also have the wrong information about my income ,"A:Appealing for your Qualified Medicare Beneficiary (QMB) benefits without a lawyer is an option, especially if you're familiar with the process and feel confident in handling it yourself. However, it's important to meticulously prepare your appeal, including gathering all necessary documentation and evidence that supports your case. This would involve showing that the asset in question has not been counted as income by Social Security in the past and that your income information is incorrect. If you're unsure about the appeal process or if the case seems complex, you might want to consider seeking assistance. Some community organizations offer free legal help, especially for issues related to benefits and social security. They can guide you through the appeal process and help ensure your case is presented effectively. Remember, it's crucial to address all the points of dispute clearly and provide evidence to support your claim."
Q: What can I do if I'm charged with a misdemeanor after my dog got out of my yard? Will they take away my dog?. My dog broke the fence and got out and now I'm being charged with a misdemeanor. I'm not sure what I need to do. ,"A:You should use the Justia Find a Lawyer tab and search for criminal defense lawyers in your area---call a few and find out if any have experience in these type cases----then meet with them and discuss the specifics of your matter and the options you have and then decie how to proceed, including whether or not to hire a lawyer. Some factors include type of dog, whether animal control is involved, did the dog cause injury, have you received any warnings before, and other questions which are specific to your matter. Good luck"
"Q: How far from base can you live? My ex is stationed at JBLM WA and ""moved"" to Michigan.. Is this legal for him to be active duty and live across the country? ","A:Several things govern where a service member may reside. Local policies will dictate how far from the installation an individual can be. These ""local pass"" rules effectively set a distance limit that service members must stay within and must seek approval (a ""mileage pass"") if they exceed it. Additionally, service members may have provisions in their current assignment orders dictating where a service member may live while assigned to a particular unit. This is important because it implicates the Basic Allowance for Housing (BAH) that the service member is entitled to. It is important to remember that every assignment is different. There are many times that a service member is assigned to a unit at one installation but is authorized to perform duty somewhere else. For example, when I was a military judge I was assigned for to a Washington DC-area organization (the Army Trial Judiciary) located at Fort Belvoir, but my orders authorized my place of duty and residence in the JBLM area. Without knowing all the details of your ex-husband's assignment and orders (and possible authorized modifications) is is impossible to answer your question with certainty."
Q: Can a school place you in Special Education without parental consent?. I was placed in specialed without consent from my parents. I was never given iep or evaluated... Please help ,"A:A school can place a child in special education, without parental consent. However, they need to give the parent prior written notice and if the parent does not consent they need to take the matter to an administrative procedure called Educational Due Process Hearing. There the school district must demonstrate to an Independent Hearing Officer that the child needs specially designed instruction."
Q: i had a woman misappropiate 20000 if my money with a forged power if atty. what should i do. she forged the notary signature on the power atty. ,"A:It seems like this person has committed several crimes in the forging of a notary's signature on a power of attorney to which she used in furtherance of another crime, i.e. misappropriation, theft, fraud, etc. I would report these crimes to your local law enforcement authorities to investigate these serious crimes. Part of any sentence usually involves restitution to the victim of whatever funds were taken. You could also have a civil law suit against this person to recover your funds of $20,000 which were obtain forgery and fraudulent means."
"Q: Can my moms landlord give my mom who's disabled a 60 day notice after living there for almost 20 years, to renovate?. Mom was given a 60 day to move out to do renovations. Shes disabled, in ca. Is this legal or should she have more time and or what is she entitled to as a disabled renter? ","A:Under California law, landlords can generally give a 60-day notice to terminate a tenancy if the tenant has lived in the rental unit for more than one year. However, there are important exceptions and protections, especially for disabled tenants. Your mother's disability may afford her additional protections. California law requires landlords to make reasonable accommodations for tenants with disabilities. This could potentially include considerations regarding the termination of tenancy and relocation due to renovations. It's also crucial to check local ordinances. Some cities in California have additional regulations that provide greater protection to tenants, particularly in terms of eviction or termination of tenancy. In situations like this, it's often advisable to seek guidance from a local tenants' rights organization or an attorney experienced in landlord-tenant law. They can provide specific advice based on the details of your mother's situation and local laws. Remember, while the law provides certain protections, each situation is unique. Understanding your mother's rights and the landlord's obligations under both state and local laws is the first step in determining the best course of action."
"Q: Car Accident on Nov 6th. Not at fault. Car insurance from the at fault party claims they can't resolve it.. The adjuster for the at fault party's insurance claims he can't find his client. He claims that he can't resolve our situation until he can find his client and get information from him. I don't believe that is our problem, especially nearly 2 months in. State Georgia, county Fulton. Accident on 285W Interstate. What is my best plan? Contact a lawyer? Wait for a certain period of time to pass? The car is still in drivable condition, just banged up a bit in the back. Uncertain how much it'd cost to fix. ","A:If you've been involved in a car accident in Georgia and the at-fault party's insurance is claiming difficulties in locating their client, it's advisable to take certain steps to protect your interests. Firstly, document all communication with the at-fault party's insurance, ensuring you keep records of dates, times, and the content of conversations. If you haven't already, report the accident to your own insurance company, providing them with all relevant details. As for the drivable condition of your car, it's crucial to obtain a repair estimate to assess the potential costs for fixing the damages."
"Q: Can I sue employer for charging retroactive premium on health benefits while on military leave?. I went on military leave from civilian job (February 6th). All I was told is that company policy would allow me to return to job once I returned. When I returned 7 months later (September 11th), now employer is deducting health insurance from time on leave. Now I am being told that I had to have called the benefits line to cancel my health insurance otherwise it would still be active for 90 days past last worked day. I was never told that by any of my managers. Benefits people tell me they sent a letter to me stating that I needed to call (February 24th). Letter was sent 3 weeks after my last worked day, and when I was already on an Army base, so I never received the letter. Now, they are deducting retroactive premium for those 90 days from my checks. Needless to say, why would I even need health benefits from a civilian job if I’m on military leave? The military is responsible for my coverage, obviously. No way I would even imagine needing to call since I was placed on leave. ","A:Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), service members are provided certain protections regarding employment and benefits when they leave for military duty. USERRA requires that your job and benefits be protected during military leave, but it also allows employers to implement reasonable policies regarding benefits continuation and communication. In your situation, if the employer's policy required you to notify them to cancel health benefits and this policy was consistently applied to all employees, then the employer may argue that their actions were in compliance with their standard procedures. However, the fact that you were not informed of this requirement prior to your leave and that the communication was sent after your deployment began could be significant. Additionally, considering that you were covered by military health insurance during your leave, the necessity of maintaining civilian health insurance could be questioned. You have the right to dispute the deductions, especially if you believe the employer's actions were not in line with USERRA or their own stated policies. It may be beneficial to discuss this matter with a legal professional who has experience in employment law and military rights. They can help you understand your rights under USERRA and assess the viability of a legal claim against your employer."
Q: I have a promissory letter that states that I am entitled to a !% share of net sales cash upon sale of resort defined?. What are my rights? ,"A:If you have a promissory letter stating you are entitled to a 1% share of net sales cash upon the sale of a resort, the specifics of the letter and the circumstances under which it was issued will determine your rights."
"Q: Can my sons grandparents obtain custody of my son without me knowing, if his father is there to give his custody up?. Father is not on BC, No action has ever been through courts, ive never signed anything. Minor as loved with GP since he was 16mnths, I’ve kept contact over the years even written notes for doctors and take phone calls from hospitals giving permission to his PGM to be the one with him while they give treatment. This year school noted that Grandparents stated NM was no where to be found/unreachable. They signed him into school without his father or I this year unlike the other years. ",A:Most likely not but you should check the court files just to be safe.
"Q: I'm wondering how to get an injunction to stop a bankruptcy recently filed in Delaware by Vivus, Inc.. The creditor (IEH) with the collusion of management is grossly undervaluing assets (3 separate FDA approved drugs and one pipeline drug) more properly valued at $500M. Management was to have refinanced the $170M debt already but due to gross negligence or complicity with creditor failed to do so. Management now siding with creditor and trying to force through BK as quickly as possible. Shares to be delisted on July 17. Creditor offering a ridiculous $5M payout to shareholders + up to $2 CVR in opaque language and provided no shareholder contests this scam or they will get nothing. Please help. ","A:Firstly, a forum like this is an inadequate place to answer a complex question such as yours. If you--and other stockholders--are aggrieved then you need to hire your own lawyer to appear on your behalf to address the issues. There is no way to enjoin the progress of a bankruptcy--only to participate--which is what it is designed to do"
Q: I signed a release agreement for settlement almost 5 months ago is this normal to wait this long? Can I do anything?. I signed the agreement and check was sent about 5 months ago. They have been working subro (I think that’s what it’s called) with workers comp. Not sure if this is a normal process and how long does it take for everything to be resolved and funds are disbursed? Should I ask for updates or is that being to much of a bother? ,"A:Waiting five months for the resolution of a settlement agreement and disbursement of funds, especially in a case involving subrogation with workers' compensation, can be within the normal range of time, but it's understandable that you are concerned about the delay. Subrogation processes, where an insurance company seeks reimbursement from the party responsible for the injury, can be complex and time-consuming. However, it's always reasonable for you to request updates on your case. You are entitled to be informed about the progress of your settlement and any factors that might be causing delays. It's important to maintain open communication with your attorney or the involved parties to stay informed about your case status. Asking for updates is not being bothersome; it's a part of ensuring that your case is being handled appropriately and efficiently. If you feel that the process is taking an unusually long time, or if there is a lack of communication from the other party, it might be beneficial to express your concerns and ask for a more detailed explanation of the current status and the expected timeline for resolution. In any legal matter, especially one involving financial settlements, being proactive about communication can help ensure that your interests are being adequately represented and that the process moves forward in a timely manner."
"Q: Can my lending bank add insurance cost to my account for retroactive insurance?. I purchased a used truck in May 2023. As usual, I called the insurance company to add it to my policy on May 17, 2023, the date I purchased the truck. A couple months later, I received a letter from my bank stating that since they didn't receive documentation of insurance on my truck, that they purchased a 6 month policy for $2500 and that they added to my truck loan. The bank said if I send them proof of insurance for the last couple months that they would refund the insurance premium to my account. I thought that should b no problem. I called my insurance company and explained it all. They informed me that I didn't call to add the truck to my account in May like I had thought and that they could not add the insurance retroactively to reflect that. I knew that I had added it but they said I didn't. I could do nothing. The bank finally received the documents for insurance but starting in July. I was refunded $1700. They said I had to pay $800 for 2 months of insurance. ","A:A Michigan attorney could advise best, but your question remains open for three weeks. It isn't fully clear what caused the misunderstanding here - a local attorney could probably sort out better after reviewing the file in detail. But a financial institution can require insurance. Good luck"
"Q: Am I eligible to have a vehicle registered in my name in the state of Michigan as a non-resident without a U.S. DL?. To be more specific, I would like to know if foreign driver's licenses accompanied with English translation (i.e. international driver's permit) and a valid foreign passport with a valid U.S. visa are acceptable documents to register a vehicle and have its title transferred in the state of Michigan. From Michigan's Secretary of State website it says that: ""What do I need to title and register a vehicle? (...) You also will need to bring your Michigan driver’s license or ID."" ","A:Hello, You can own a car but you cannot drive it if you do not have a driver license. International driver license, are valid under international law, for a period of time; normally one year from entry to the U.S. All the best. Regards,"
"Q: Will my license get suspended if I caused a accident with little to no damage while not having insurance. The damages were less than $1,000 ","A:In California, driving without insurance and getting involved in an accident can lead to serious consequences, including the suspension of your driver's license. Regardless of the extent of the damage, if you are at fault in an accident and do not have auto insurance, the California Department of Motor Vehicles (DMV) has the authority to suspend your driving privileges. Even if the damages are less than $1,000, the lack of insurance is a significant issue. Under California law, all drivers are required to have minimum liability insurance. If you're involved in an accident without this insurance, it's not just the cost of the damages that's considered, but also the violation of driving uninsured. It's important to address this situation proactively. You might need to provide proof of financial responsibility or face the suspension of your license. The DMV may also require you to fill out an SR-1 form, which is a report of a traffic accident. To mitigate the consequences, you may consider obtaining insurance as soon as possible and consulting with legal counsel about your options. The process following such an incident can be complex, and the specifics of your case will determine the best course of action."
"Q: My son did 18 months in jail. When he got out he wanted to turn his life around. He got a job. One day at his new job,. The custody specialist ( deputy) where my son was incarcerated at went to his place of employment and recognized my son from jail, she took it upon herself and did a background check on my son and volunteerily asked to speak to his employer and proceeded to tell the employer my son was a criminal and gave the employer my son's arrest record. My son was getting a promotion when all this happened and thanks to this deputy , he no longer can get the promotion. Did this deputy have any legal right to do this to my son? What business of hers was it to disclose anything about my son . Do we have any rights? Isn't this a violation of privacy? ",A:You may have grounds for a legal claim. It would be advisable to consult with an attorney to discuss the specifics of your situation and determine the best course of action.
"Q: Can non dependent siblings sue for wrongful death in Florida if the other possible recipients are deceased or estranged?. Deceased was mentally disabled and on SSD prior to accident. It was a motor vehicle accident that caused his death, he was a pedestrian. ","A:Sorry to hear about your loss, the personal representative appointed by the probate court is the person who will bring the wrongful death lawsuit. A non-dependent sibling can qualify to bring the wrongful death lawsuit and recover damages on behalf of the qualifying family members and the estate. Please reach out to schedule a free consultation to ensure justice for your sibling."
"Q: If the place I live was bought out by another company and they did not give us new leases, is this an issue?. I live in a mobile home park and I was under the impression that I was purchasing it. Basically like a mortgage payment and then a lot rent. In any case the park sold to another owner and my title is in that business name, and my lease is the original owners business name. The new owners stated they were not giving us new leases, because they have also bought the business name, but again the title to my mobile home is in the new owners other company name. Is this an issue I should raise questions about? Thank you. ","A:It's legally impossible to be ""under the impression that I was purchasing it"" if you didn't have a legal document drawn up for that purpose. I'm guessing that the new owner of the mobile home park intends to kick you and the other residents out at some point in order to turn the property over to developers, or to develop it themselves. Without any written lease or some other legal document establishing long-term rights, you will be in a month-to-month tenancy, which can be terminated at any time, with a certain amount of time given to remove your mobile home or simply leave. How much time that will be depends on the circumstances, and the owner must comply with the Florida Mobile Home Act, which requires a few hoops for the owner to jump through before the they can start eviction processes. (You can read up on that act on-line). Bottom line: you and your neighbors should IMMEDIATELY consult a landlord-tenant attorney in your area who handles mobile home matters. If you cannot afford a consultation, contact your local Legal Services or Legal Aid office."
"Q: My ex has threatened suicide. How do I prevent visits until he is evaluated and helped?. My ex and I divorced in Colorado. I reside in Georgia and he is in New York City. He is a vet with PTSD. He told me 24 days ago, along with his other ex, that he thinks about killing himself daily. He continued to talk about just wanting to end his life, while talking about his other ex and I abusing him. But we have the proof he abused us. He also filed to gain custody of the kids over summer, but the judge wouldn’t even consider it because he made it all about making his(my ex) mental health better. I am concerned that he is highly unstable and feel the need to hold off the coming visit until he is cleared. He has threatened suicide before and pointed a loaded gun at my child and I, before putting it flush to his temple with his finger on the trigger. He also chased his other ex around the house with a gun once, all of this happens when he isn’t getting his way. My concern is that I cannot protect my children if they are off in the mountains, and he loses it. ","A:If you want the courts intervention before the father's next scheduled visit, you will have to immediately file for a modification an have the father served. Then ask the court for an emergency hearing and in that request it will have to specify the reasons for the urgency. If not, you will need to produce the child for visitation or you could be found in contempt of court. Based on the allegations you have made here, I think you should seek an attorney immediately in order to prevent any future visits, until such time as the father can be mentally evaluated. But not doing anything and not allowing the visit could get you into some trouble."
"Q: I got a new employer pn H1b but my current employer is not providing me paystubs so how to proceed with new employer?. I got my H1B approved by a consultancy this year and once my h1b approved, I started looking for C2C projects. My employer has not helped me to put into a job at all. I found out a new employer for myself and now they are asking for paystubs for visa transfer. I asked my employer for pay stubs and he is just saying I will give it but he is not giving me a clear indication of when. If he don’t give me a pay stub, what is the best option for me to move to a new employer and what legal action I can take against him. ","A:If your current employer is not providing pay stubs, which are typically required for an H1B visa transfer, you should first document your requests for these pay stubs. If the employer continues to withhold them, you may consider filing a complaint with the state labor department or the U.S. Department of Labor, as employers are generally required to provide pay information to employees. For the visa transfer, explain the situation to the new employer and provide any evidence you have of your employment and requests for pay stubs. The new employer's immigration attorney might suggest alternative documentation for the visa transfer process. Legal action against your current employer for not providing pay stubs can be pursued, but it's important to weigh the potential benefits against the time and costs involved. You should consult with an attorney who has experience in employment and immigration law for guidance specific to your situation. Remember, each case is different and the best course of action depends on the specifics of your circumstances."
"Q: Can't find original version of my parent's trust but I have copies that the original lawyer had saved, is that okay?. We have torn apart the house looking for the original signed copy of the most recent amendment and anything prior, but we cannot find anything. They kept a lot of old documents and records, but the original will and trust can't be found anywhere. They have both passed and we are stumped as to where the original could be. We do however have a version stamped ""Copy"" at various points, that were in the original lawyer's files. The original lawyer has retired, but his successor is now handling it and has access to all of his old files, and it was not typical of him to keep originals for his clients. The lawyer that is working on it now is concerned that if anyone contested the will and we couldn't provide the original, we could be in trouble and have it invalidated. Is this the case and should I be worried? Everything else I've read onlins says that having a copy is still good enough in California, so I'm confused as to why my own lawyer is concerned. ","A:In California, while it's preferable to have the original trust document, a copy can be used in many circumstances. If someone were to contest the trust, the absence of the original could lead to a presumption that the trustor intentionally destroyed it, thus revoking the trust. However, this presumption can be rebutted with evidence showing that the trust was not revoked. The stamped ""Copy"" version, combined with testimony from the attorney who drafted the trust or other evidence, can help in this rebuttal. Your attorney's concern likely stems from wanting to be prepared for any potential contest or challenge. While a copy can be used, it may present additional hurdles if there's a dispute. It would be wise to gather as much corroborating evidence as possible to support the authenticity and intention of the trust as reflected in the copy. Lastly, always consult directly with your attorney for guidance tailored to your specific situation."
"Q: When conducting a search warrant can police use excessive force on me and my children even if we are complying?. Police came banging on my door not once did they announce who they were or that they had a search warrant. I grabbed my pitbull and asked if I can put her in the kennel before they completely broke down my door . They kicked it in and all i can see is guns pointing at me and my two children and hear officers yelling I kept calm and asked multiple times if I can put my dog who was barking crazy in the kennel I was being cursed at called every insulting name you can think of then I was dragged out my apartment they repeatedly slammed my head into the wall while handcuffed then my 16 yr old who was recording was tackled by 4 officers and dragged by her feet out the house and repeatedly hit also in handcuffs while my 8 year old screamed in terror they proceeded to arrest my bf who had a parole violation the police continued to verbally assault me and my children and my bf and I were arrested me and my dghtr are covered thru out our body in bruises, and cuts and extremely traumatized. ","A:Under Utah law and the U.S. Constitution, police are required to conduct themselves in a manner that respects your civil rights, even when executing a search warrant. The use of force must be reasonable and proportionate to the situation. Excessive force, especially when you and your children are complying, is not permissible. If you believe that the police used excessive force during the search warrant execution, you have the right to take legal action. Document all injuries and damages, including taking photographs and seeking medical attention as needed for you and your children. It's advisable to contact a civil rights attorney as soon as possible. They can review the details of your case, advise you on your rights, and guide you through the process of filing a complaint or lawsuit. Remember to keep any evidence, such as your daughter's recording, as it could be crucial in proving your claims. Your attorney can also help you navigate any criminal charges that arose from the incident, ensuring that your rights are protected throughout the legal process. Experiencing such a traumatic event can be overwhelming, but legal support can help you seek justice and hold the responsible parties accountable for their actions."
Q: If you fire your personal injury lawyer and you can prove he never even called the adjuster how does he charge a third. And what process can I go through to try to get him not to be paid he never even called he had been retained for 2 weeks ,A:The attorney probably can’t recover a full one-third contingency fee if the attorney has not performed any material work on a case. Calling an adjuster may or may not be necessary in a lawsuit. But a delay of two weeks in a lawsuit that likely will last two years isn’t particularly material.
"Q: With 401k rollover, does the company have the right to keep my money invested after i already requested rollover. The amount stated that I can rollover on the day i finalized my request did not match the amount on the rollover check given. It was 2k less. ",A:If you withdrew money too early they probably withheld taxes.
"Q: I was locked up and held with no bond, charged with possession of firearm by a convicted felon.. I’m not a felon, I did first offender and completed it in 2012. My firearm which I purchased from a pawnshop was taken from me and I was detained ","A:In Georgia, if you have completed a first offender program successfully, your rights should be restored, including the right to possess a firearm. However, misunderstandings or errors in legal records can occur, leading to situations like the one you're facing. It's important to gather all relevant documentation proving your completion of the first offender program and any other evidence that supports your case. This could include paperwork from the court, certificates of completion, and any correspondence related to your first offender status. Since you were charged with possession of a firearm by a convicted felon, despite having completed the first offender program, you should seek legal representation immediately. An attorney can help you navigate the legal complexities and work towards rectifying this situation. Your attorney can also assist in addressing the issue of your firearm being taken and your detention. They can work to clarify your legal status and advocate for the return of your property and the dismissal of the charges against you. It's critical to address this situation promptly and thoroughly, as errors in criminal records can have significant and ongoing impacts. Legal counsel will guide you through the process of correcting these mistakes and defending your rights."
"Q: Did a title loan with a friend and they ended up stealing my car.. Did a title loan with a friend and they ended up stealing my car. I did a title loan with a friend of mine of 20 years. I borrowed 2900 with the promise of paying back $3,900 within 21 days. My car is worth $40,000.00. We wrote up a agreement and had a witness sign it on day 20 he showed up with the cops and my car title in his name. After multiple ignored phone calls I finally get in touch with them after they took my car home that day and they told me that if I wanted it back I had to pay back $7,000 but now they will not answer the phone what can I do? ","A:In your situation, it's important to take immediate action. First, review the agreement you made with your friend. This document will be critical in determining your next steps. If the terms have been altered without your consent, or if there's any evidence of deceit or fraud, this can significantly influence your legal position. You should contact a lawyer as soon as possible. They can help assess the validity of the title transfer and guide you through the process of potentially reclaiming your vehicle. Given the substantial value of the car, professional legal advice is crucial. It's also advisable to gather any evidence of communication and agreements between you and your friend, including witness statements. This evidence can support your claim in any legal proceedings. Remember, time is of the essence in such cases. Delaying action can complicate your efforts to rectify the situation. Therefore, act promptly and seek legal guidance to navigate this complex issue."
"Q: My smartphone ""expired"" patent no. 11,778,140 issued Oct. 3rd. A 2019 RCEshould have been an appeal. I have nothing.. My applications were stuck in the former SAWS program. It seems I need to file a suit against the PTO but they seem to win most of the time. ","A:Challenging actions of the United States Patent and Trademark Office (USPTO) can be complex. If you believe there were irregularities in how the USPTO handled your patent application due to the former SAWS program or any other reason, you may consider legal action. Before pursuing a lawsuit against the USPTO, it's important to review all correspondence from the Office, including examiner's reports and any other official notifications. An appeal to the Patent Trial and Appeal Board (PTAB) is a common step before resorting to court action. If the PTAB decision is unfavorable, you can appeal further to the U.S. Court of Appeals for the Federal Circuit. It's crucial to consult with a patent attorney experienced in USPTO proceedings and appeals to determine the best course of action. They can provide insights into the strengths and weaknesses of your specific case."
Q: If a father is not legitimized is it legal or illegal for the mother to up and move and take the child and deny the Fath. Mother took the child and is denying the father access to the child ,"A:If you were not married when the child was born and have not legitimized, then the father has no rights. The mother can take the child anywhere she wants and the father cannot stop her. Only when the father files to legitimize and has the mother served, will that prevent the mother from taking the child outside the court’s jurisdiction."
"Q: Can I record voice chat on a game server in memory (never written to disk) for moderation purposes?. I'd like to allow a team of moderators to review voice chat manually. There is no automated system in place, and the team would need to manually listen to and subsequently make decisions from the data. ","A:The recording of voice chat on a game server for moderation purposes may raise legal considerations, particularly in relation to privacy laws. In Michigan, it is generally required to obtain consent from all parties involved in a conversation before recording it. However, laws can vary, and there may be exceptions for certain circumstances."
"Q: DO WE HAVE ANY RIGHTS?my wife let friend use her car,friend in accident .police impound.not allowed to get items out ?. our friends 2 kids were in car,no one hurt.good samaritans on scene,fire and police eventually .she was rushed to hospital.they told her she had a concussion,released her.police have impounded vehicle .the police havent talked to her AT ALL! next day dcyf calls her ex,hes not to let fr her alone with kids(. He doesnt live there ) hospital nurse did blood test, without her consent,was positive for drugs.She did NOT submit to test. asked if there was anyone (advocate)she could talk to first(lega) there wasnt .she has not been arrested or charged.My wife has been to police station asking for release of car.Frien laptop ,purse phone , childrens toys ,daughters tablet,as well as my wifes belongings still in carpolice waiting for search warrant,its been 4 days! no police report,or charges .what are our rights? we need to get into car,see damage file a report with our insurance,the computers phone are most likely ruined ,very cold out.no charges so no lawyer .we all have spottless record ","A:In your situation, it's essential to understand that you do have rights, and your wife has rights as well. Here are some key points to consider: Access to Personal Belongings: You have the right to access personal belongings that are in the impounded vehicle. However, the police may be waiting for a search warrant to ensure they follow proper procedures. It's advisable to be patient while they complete their investigation. Legal Counsel: You mentioned that no charges have been filed. Even without charges, you and your wife have the right to consult with an attorney. It may be a good idea to seek legal counsel to navigate the situation and protect your rights. Request for a Police Report: You have the right to request a copy of the police report once it's available. This report may provide more details about the accident and the investigation. Privacy Rights: If your wife's blood was tested without her consent, it could raise concerns about her privacy rights. A legal professional can help you address this issue and determine if any action should be taken. Insurance Claim: It's important to inform your insurance company about the accident and the impounded vehicle. They can guide you through the process of filing a claim and assessing the damage to your car and personal belongings. Legal Assistance: Even if no charges have been filed yet, consulting with an attorney can help protect your interests and ensure your rights are upheld throughout the process. They can provide guidance on the best course of action, especially if this situation escalates. In summary, while this situation may be concerning, you and your wife have rights, and it's advisable to seek legal counsel to navigate the complexities and uncertainties involved. An attorney can help you understand the situation better and take appropriate actions to protect your interests."
"Q: I was grossly misrepresented by my listing agent. I feel I am being taken advantage of. How can I canx. I was met by two realtors working together. They pumped me up like a car salesman as to how easy the sale would be and the price I was asking was almost guaranteed. Signed with them. 4 days later she wanted to drop the price. I agreed to on the 7th day. We dropped by 11k. She wanted to drop an additional 20k. We didn't. Received an offer dropping the price an additional 5 k. We rushed into signing because ""it really was the best deal I could get"" . I asked for concessions for moving out after the closing. Upon finding that I'd have to pay rent for a few days, it began to bother me. I was giving them a house and 5 acres in town at next to nothing. They'd asked me to leave my fence up, and the contract read that I'd be leaving household things that I openly stated that I wouldn't. Then, I found out that the person buying the property was her own realtor. So now, I'm paying all of the closing costs (her commision) and selling 12500 less than I'd wanted. ","A:If you feel that your broker committed a breach of duty you are free to hire an attorney and file suit. Contact a couple of attorneys, but unfortunately you might find it cost prohibitive. Some causes of action, such as Missouri's Merchandising Practices Act, however, allow a prevailing plaintiff to recover reasonable attorneys' fees. You need to make sure your contract does not have an arbitration provision."
Q: Can my home owners policy be cancelled if it’s an open claim?. I provided a new form of payment method to cover the payment via their portal. Their portal did not update to reflect the cc on file and yet my payment was not paid due to their portal error. They refuse to correct this issue. Now I am being penalized for their negligent! ,"A:A Georgia attorney could advise best, but your question remains open for a week. An attorney may want to examine the matter in more detail, in terms of the set-up of the portal, your actions, their actions, and other possible factors. You could try to arrange a free initial consult with a local attorney. Depending on what's at stake in terms of the size of the claim, you could discuss with the attorney if litigation is a viable option. Keep in mind that if your matter requires litigation, it's possible that law firms might not handle something like this on a contingency basis - which could mean funding a legal action on an hourly fee basis. An experienced attorney should be able to outline this and other key issues, and help you identify your best options. Good luck"
Q: am i required to take a drug screen test based on allegations that i smoke weed for a DNA proceeding?. I stoped smoking weed 3 weeks ago. and now CPS has filed a DNA Proceeding for abuse of my 13 year old child. also im my custodt is my 2 and 3 year old ,A:You need to hire an attorney for the dna case and then decide what to do about the drug test.
"Q: In Michigan, may the spouse have the deceased spouse's mail forwarded?. Spouses were living separately. Can the wife have her deceased spouse's mail forwarded to her home? ","A:In Michigan, as in most states, the process of handling a deceased person's mail is governed by specific legal and postal regulations. As a spouse, you have certain rights, but these need to be navigated carefully, especially if you were living separately at the time of your spouse's passing. To have your deceased spouse's mail forwarded to your home, you would typically need to provide the postal service with appropriate documentation. This might include a copy of the death certificate and documentation proving your authority to manage the deceased's affairs, such as a letter of administration or similar legal document. It's important to remember that mail forwarding in the context of a deceased individual is not always straightforward. There might be specific legal considerations, particularly if there is a will, an estate plan, or if there are other parties involved, such as executors or beneficiaries. Consulting with an attorney can provide you with guidance on how to proceed. They can help ensure that you are taking the right steps in accordance with both state law and postal regulations. Remember, handling the affairs of a deceased spouse can be complex, particularly when it comes to legal and administrative matters. Seeking professional advice can help you navigate these challenges effectively and in accordance with the law."
"Q: How long does a third interested party in a civil wrongful death case have to file for an intervention?. Case was filed on the first of June, the statute of limitations ran out on the twelfth. Prior to the filing, drafts of the complaint were given to the plaintiffs, (M-mother of the deceased, S-sister to the deceased by F-father of the deceased &special administrator to the estate of the deceased) subsequent to this (week of the 22nd of May) M was taken by ambulance to the hospital ⁹where she was treated and released, the next day she was found dead, alone in her home. The following week when the complaint was filed, her name had been removed (so the only people now on the complaint are F & S) seeking to intervene in the interests of her estate ","A:Generally speaking, the right to sue for wrongful death is personal to the statutory beneficiaries of a decedent. Usually, when a wrongful death beneficiary dies, her cause of action for damages arising from the wrongful death of another ceases to exist. Ordinarily, her cause of action does not pass through to her heirs. Generally, there is a ""one-action"" rule in wrongful death case pursuant to which ALL of the statutory beneficiaries of a decedent must bring ONE case for the death. This prevents multiple beneficiaries from the death of one decedent from bringing multiple cases in multiple court which theoretically could result in different outcomes. You should definitely consult with the attorney who is handling the wrongful death claim on behalf of F & S to determine if there is some exception that applies in your particular case. If F & S do not have an attorney, you should seek the advice of a personal injury attorney with experience pursuing wrongful death claims in or near the county where F & S's lawsuit is pending. You should probably also suggest to F & S that they retain an attorney."
Q: Rent a center threats. Rent a center is harassing me threating me with jail and being arrested I paid on time every time I recently went on fmla 4weeks ago and can't pay at the time they won't accept what I can pay I just wanna know my legal rights I live in oregon the rent a center is in washington state can they take me to jail or threaten me with police I just want to know if they are just trying to scare me or if this is normal or if they stepped over the line ,"A:As far as your question, if you rented from a Rent-A-Center in Washington, the contract probably will be governed under Washington law. Check your contract to see if that is the case. If so, you will need to speak with a Washington licensed attorney. As far as any rights to keep the merchandise, unless you have earned some portion of ownership of the merchandise through the contract, you really have no rights. If you have failed to make payments as promised, they can request payment, ask you for the merchandise for failure to pay or go to court to get an order to do so. They have no obligation to work out any type of arrangements above what is in the contract. Having said that, it is possible Rent-A-Center could have over-stepped its bounds when it comes to its collection activity. There is not enough information in your question to know. Many years ago, I actually experienced an over-zealous Rent-A-Center agent doing just this. They have no right to be on your property if they come to collect and you tell them to leave. An experienced collection attorney could probably help figure out if you have any recourse. It also may be true that you are advised to forfeit the merchandise if you cannot pay. It might make your life much less stressful. Best of luck!"
"Q: I am a renter and was fined 30k for a Marijuana grow. Is removing the lien hold on the property possible?. The grow was where four different properties meet. The plants were removed and 30,000$ fine was issued to me. But a lien was placed on the property. The land owner lives out of state and had no knowledge of any activity. Is removing the property lien hold possible? ","A:If you were fined $30,000 for a marijuana grow in a rental property, and a lien was placed on the property, it is possible to have the lien removed if you pay the fine or reach a settlement agreement with the governing authority that imposed the lien. However, it is important to understand that liens are legal claims against a property that serve as security for a debt or other obligation. The lien must be satisfied or released before the property can be sold or transferred to a new owner. To have the lien removed, you should contact the governing authority that imposed the lien and inquire about the process for satisfying or releasing the lien. Depending on the situation, you may be able to negotiate a payment plan or settlement agreement to resolve the matter. If the landowner had no knowledge of the marijuana grow and you were acting alone, it may be possible to seek reimbursement from you for the fine or other costs associated with the marijuana grow. You should consult with a local attorney who specializes in real estate law to understand your legal rights and options in this situation."
Q: I have an question about DHR system about sleepover and head of house two thing. My boyfriend had dealing with dhr with his babymama was on drugs and dhr said that she cannot be around kids but she can visit daytime must be watch supervision on her around kids but she cannot sleep at her house at all. She decide to refused not follow the dhr said. She stay her own house because I live with her house and I had to contact dhr about it and dhr said will handle and talk their supervisor. Somehow dhr let her stay her house because of her head of house on name on it and my boyfriend has to watch her everday and sleepover watch everyday so is that normal dhr system work?? I told my boyfriend for my experince because dhr will not allow it sleepover and has to be somewhere else can’t be same place the roof house. I was confused about dhr system I need to find correct how it work about this help me understand because I had expiernce before I explain to my boyfriend that dhr shouldn’t allow her to sleepover house not suppose to do that. ,"A:In Alabama, the Department of Human Resources (DHR) sets guidelines for child safety, including conditions for parental visits in cases where substance abuse is involved. If DHR stated that the mother could not be around the kids except for supervised daytime visits, this should be strictly followed. The situation you described, where the mother stays overnight despite DHR's stipulation, seems unusual. DHR typically enforces its guidelines to ensure the safety and well-being of the children involved. If there's a deviation from these guidelines, it's generally for a significant reason and should be clearly communicated by DHR. It's important to get clarification from DHR directly. Your boyfriend, as a party involved in the case, has the right to understand any changes in the conditions set by DHR, especially if they affect the children's welfare. He can request a meeting or written communication from DHR explaining the reasons behind allowing the mother to stay in the house overnight. If there's confusion or disagreement with DHR's decision, it may be helpful to consult with a lawyer experienced in family law. They can provide guidance on how to address this situation and ensure that the children's best interests are being protected. Remember, each case with DHR is unique, and their decisions are based on numerous factors specific to the situation."
"Q: I got an offer to play a game for money if I reached the goal in 21 days. They have paid me before for other game offers. This time it’s the run around for like 3-4 weeks they said it would be resolved in 10 days. Now they have stop replying to my emails. I was really depending on that money, now it’s costing me money I don’t have. ","A:You can contact the Labor Commissioner's office by going to their website (https://www.dir.ca.gov/dlse/). Once you get to the main page, click the link for labor law and then click the link for Wages, where you will find out how to file your wage claim. If they can help with your situation, they will make sure you get paid."
"Q: which case said that if there is no commercial advantage, by appropriating the likeness the defendant create value?. I am looking for the case of right of publicity, where the judge gave the opinion that by appropriating the persona of someone over and over again, the infringing party creates value when there was no value to begin with. For example, the value was zero, one appropriation led to another and now there is more value? Thanks for the assist ","A:The case you're referring to sounds like it touches on the concept of the right of publicity, particularly the notion that the unauthorized use of a person's likeness can create value where there was none before. This concept is often discussed in cases involving celebrities or public figures, where their image or persona has inherent value. One notable case that might align with the principles you've described is Haelan Laboratories v. Topps Chewing Gum, from 1953. In this case, the court recognized the right of publicity as a distinct kind of property right. The court acknowledged that a person's image could have no commercial value initially, but through repeated use and association with products or services, it could acquire value. Another relevant case could be Zacchini v. Scripps-Howard Broadcasting Co., decided by the U.S. Supreme Court in 1977. This case involved a human cannonball act whose performance was broadcast without permission. The court acknowledged that the value of the performance was in its novelty and presentation, and that the unauthorized broadcast diminished this value. However, the specific scenario you're describing, where repeated appropriation increases the value of a previously non-valuable likeness, is quite nuanced. It's advisable to conduct thorough legal research or consult with an attorney experienced in intellectual property and right of publicity cases to find the exact case law that matches these criteria."
Q: How do I file a request for special notice in a probate case in Nevada without a lawyer?. My brother is the Administrator in my parents estate in Nevada. He isn't including me in anything. I would like to file a special notice request but do not have a lawyer. How do I go about it? ,"A:Filing a request for special notice in a Nevada probate case without a lawyer is feasible but requires careful navigation. Begin by gathering case information, such as the case number and jurisdiction, from your brother or the court clerk's office. Obtain the ""Request for Special Notice (Probate)"" form (DE-154) from the Nevada Judiciary website and carefully follow the instructions. Clearly articulate your reasons for the request, emphasizing your status as an interested person and any concerns about your brother's administration of the estate. Complete the form accurately, including your name, address, relationship to the deceased, and specific types of notices requested. File the form with the court clerk's office, keeping a copy for your records. Additionally, consider discussing concerns with your brother and exploring mediation before taking legal action, and practice patience as probate proceedings unfold."
"Q: Black law dictionary edition 2 states that an artificial person can be created with bankruptcy.. It then goes on to state that the United States Bankrupt Act of 1898 it is provided that the word persons, shall include corporations, except where other wise specified. Does the birth certificate create an artificial person? And how is this legal. And before you try to say no, I have already seen the amount of cusips and the amount of billions in my Cestui Que trust account? How did that get there? Is that not tyranny? ","A:I have no idea what you are talking about. But unless the debtor is a person, corporation, or some other legal entity, including trusts, filing such a petition of an artificial person will be federal bankruptcy fraud. That is a federal crime. And the 1898 code is defunct, as the 2005 code with changes is in effect."
Q: Would there be any trademark infringements to Skippy Peanut Butter for a dog treat bakery to be named Skippy's Snack?. Skippy's Snack Shack ,"A:If you are planning to use ""Skippy's Snack Shack"" as the name of a retail bakery shop, you would have a low risk with respect to the mark for Skippy peanut butter. However, if you used this name on the snacks themselves, you could potentially run into a problem. You should contact a qualified trademark attorney directly (the questions on this forum are anonymous) to discuss the particulars of your case, including exactly where you plan to use the name and what other similar marks may potentially pose a risk."
"Q: If a judge is not reelected, can their cases be overturned? i.e. a DVO.. I am asking for a friend. They were granted a DVO from their abusive boyfriend back in May. The boyfriend will not stop retaliating and now his lawyer is trying to have my friend's DVO overturned because the judge was not reelected in the past election. I was wondering if this would be applicable. ",A:They can be overturned but it doesn’t happen frequently.
"Q: A motion to vacate was file and granted. Can the motion be withdrawn if I change my mind to proceed to trial?. If I feel that the prosecutor might not drop the charges, can I drop the motion and stay status quo? ","A:In California, once a motion to vacate is granted, you cannot simply withdraw it unilaterally. However, you can potentially file another motion to reconsider or readdress the court's decision, explaining your reasons. The court will then decide whether to grant your request. If you have concerns about the prosecutor's actions, it's essential to communicate those concerns to your attorney. Your attorney can best advise on the possible outcomes and the strategic implications of each decision. Navigating the court process requires careful consideration of each step. Always ensure that you're fully informed and understand the consequences before making any decisions. It's paramount to prioritize your best interests throughout the legal process."
"Q: Can I apply for a tourist Visa if I had DACA when I was 16 years old and left the USA when I was 17 years old?. I was a illegal resident since I was 1 year old until I got approved for DACA when I was 16 years old. An year later, due to a death in the family, my parents decided to go back to Mexico and I did not apply for advance parole. My DACA expired and I was not old enough to make my own decision in order to stay or not in the US. If I apply for the visa, would it get denied? Am I banned from asking for one? Side note: I have a social security valid only for work. Not sure if that changes anything? ","A:If you received DACA and then departed the United States without obtaining advance parole, it's considered an exit without a lawful status. Exiting the U.S. without a lawful status after being present unlawfully for more than 180 days but less than a year typically triggers a three-year bar from re-entering the U.S. If it's more than a year, it triggers a ten-year bar. However, since you were a minor during most of your unlawful presence, it may not count against you. Still, it's essential to approach this carefully. Your prior DACA and Social Security number for work will not directly impact a tourist visa application, but complete honesty during the application process is imperative. Consultation with an immigration attorney before making any applications is advisable."
"Q: We have several problems here involving renouncing inheritance, segregation, and property tax status.. How do you renounce inheritance in Puerto Rico and find out property tax status (have the taxes been paid)? Also, if we renounce inheritance, can we shift the property to a relative who lives there? We live in the United States. ","A:To renounce an inheritance in Puerto Rico, you must formally declare your intention to do so within a specific timeframe, usually within nine months of the decedent's death. This declaration is made before a notary in Puerto Rico. It's a definitive decision, meaning once you renounce, you cannot later change your mind and accept the inheritance. Regarding the property tax status, you can inquire about the tax status of a property in Puerto Rico by contacting the Municipal Revenue Collection Center (CRIM). CRIM is responsible for the administration of property taxes in Puerto Rico. They can provide information on whether taxes are up-to-date or if there are any outstanding dues. If you choose to renounce your inheritance, you cannot directly transfer the property to another relative. When you renounce an inheritance, you are not treated as having ever owned the property. Instead, the inheritance would pass to the next eligible heirs under the law, which might include the relative you wish to have the property. However, this depends on the specific circumstances and the hierarchy of heirs as determined by Puerto Rican law. Given the complexities involved, especially with the cross-jurisdictional aspects of your situation, it's advisable to consult with an attorney who has experience with Puerto Rican inheritance law. They can guide you through the process and ensure that your actions align with both your intentions and legal requirements. Legal advice is crucial in navigating these situations effectively."
Q: Are there attorneys who represent minors for harassment charge ?. 13 & 11 year old. Wish to fight the charges due to State Police not conducting investigation thoroughly. Oldest son did not participate but was in room on Xbox yet still gets charged and youngest sons friend lied at school saying he wasn’t here during the incident with my youngest. I have proof to show in court and a witness. ,"A:In Pennsylvania, attorneys can and do represent minors in criminal matters, including harassment charges. Given the situation you've described, it's crucial to secure legal representation for your children as soon as possible. An experienced attorney will evaluate the evidence, question the thoroughness of the police investigation, and present a strong defense on their behalf. It's essential to provide your chosen attorney with all evidence and details related to the case, including witnesses. The goal would be to ensure the rights of your children are protected and to challenge the charges based on the evidence you've mentioned. Act promptly to safeguard their legal rights and position in court."
Q: My wife and I are getting divorced we've been separated since March. She's moving to Canada on Wednesday. Before asking for a divorce and even being physically separated she had a emotional affair with a man in Canada who she knew from when she was younger who she is now in love with and moving to live with. She gave me notice of this last Wednesday and she wants to be able to take my son there during the summers. What are the risks of having an agreement like this where she has him during the summer time and I have him during the school year. How do I protect myself as a parent and not let her take custody of him completely while he in Canada? ,"A:To protect yourself as a parent and ensure your rights are safeguarded, it is essential to consult with a family law attorney who can assist you in negotiating a custody agreement that serves the best interests of your child and takes into account the international relocation aspect. Proper legal guidance will help you understand the risks and options involved in such an agreement. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
"Q: How do I contest a debt collection after bad ""debt confirmation"" has been provided? Provided documents are erroneous, Ca. I contested a debt collection with a rental agency that I almost did business with but never actually did. They responded with a ""debt confirmation"" but neither of the documents they provided prove that I owe the money. Do I have to go to court? Who would I take to court, the debt collection agency or the rental agency? ","A:Because the validation is not for the purpose of proving that you owe the debt. Proving you owe the debt is the plaintiff's job in litigation. The purpose of debt validation is to determine whether the amount of the debt is correct in the creditor's files, and whether the person who they believes owes the debt is the person from whom they are trying to collect. Two examples: Debt collector sends a collection letter to the correct person at the correct address. Person owes $5,000.00. Letter says 50,000.00. Person disputes, creditor is required to verify its files. 2d example: DC sends a letter to Ronald Reagan at 1234 Main Street, Calabasas, CA. Donald Raygun, who has never done business with creditor, and who lives at 1224 Main St, Calabasas, disputes the debt. Creditor verifies it files, and realizes their files do not match the letter, and determines it should have sent the letter to Reagan at 1234 Moviestar Lane, Hollywood. But even if you dispute the debt, you can be sued and the plaintiff must prove its case."
"Q: Citations were imposed on property i mantained & paid taxes on since 2015 .Jan2023 case 10,000 pro bono lawyer needed. Citations were imposed on property i have mantained & paid taxes on since 2015 . On Jan2023 case was initiated by complaint by neighbor stating living in rv . Code inspector began notice to abate & has cited every 10 days without fail eventhough i asked & he sgreed to give me time to remove rv and a shed which was 20 feet instead of 30 feet set back . I was given a non compliance notice was filed in clerks office & fees added to $10,000 i explained i did not live on property but he continued to chsrge this violation for first 4 citations then removed it & continued the setback violation until i completely dismantled the shed & removed myself. I need to file a claim for adverse possession or quiet title because deed was not notarized in time & grantee has passed away . Can u advice me on your thoughts on my citation please & thank u ","A:If you've maintained and paid taxes on the property since 2015, you may have grounds to assert a claim for adverse possession provided other specific requirements are met. Adverse possession in California requires open, notorious, continuous, hostile, and exclusive possession for a period of five years, along with payment of property taxes during that time. If the deed was not properly notarized and the grantee has passed away, you may also need to pursue a quiet title action to clear any ambiguities regarding the ownership of the property. Regarding the citations, if they were imposed incorrectly, especially after you took corrective measures, you should consider contesting them or potentially seeking a reduction in the fees. Keep all evidence, including photographs and communication with the code inspector. It's critical to obtain legal counsel familiar with property law and local code enforcement to navigate both the adverse possession and citation matters. Many legal aid organizations or bar associations offer pro bono or low-cost services, so consider reaching out to them. Remember, time can be of the essence in legal matters, so act promptly."
"Q: I am 16 and in DFS custody. I am still placed with my biological mother, but DFS refuses to remove me under any grounds.. I would like to file for emancipation but cannot get a job under my mother's rules because she is controlling and does not want me finding any way out of her custody. DFS supports this, and the caseworker does see the mental and emotional abuse but thinks that because my mother is the parent, it is OK for her to treat me this way. ","A:Your situation sounds incredibly difficult, and it's understandable that you're seeking a way to improve your circumstances. Emancipation is a legal process that can grant minors independence from their parents, but it does come with certain requirements and challenges, especially in your situation where obtaining employment is a hurdle due to your mother's restrictions. In Missouri, one of the requirements for emancipation is demonstrating the ability to manage your own financial affairs. This typically includes having a job or a stable source of income. Given that you are currently unable to get a job, this could be a significant obstacle in pursuing emancipation. However, given the mental and emotional abuse you describe, there may be other legal avenues available to you. It's important to have a detailed discussion with a legal professional who can provide guidance specific to your situation. They can help you understand your rights and the legal options that might be available to support you, including addressing the concerns with DFS and your current living situation. Additionally, there are often local organizations and resources available to help young people in challenging situations like yours. These organizations can offer support, advocacy, and sometimes legal assistance. Remember, your safety and well-being are paramount. It's important to continue communicating your concerns to DFS, and if you feel your situation is not being adequately addressed, don't hesitate to seek further assistance. Your voice matters, and there are people and resources available to help you navigate this challenging time."
Q: How would someone get basic information (i.e. claimant name and payout amount) from the BP Oil Spill settlements?. Know that 2019 US Courts ruled that the information can now be viewed by the public. ,"A:The US EPA has a link - ""Case and Settlement Information"" on their site - https://www.epa.gov/enforcement/deepwater-horizon-bp-gulf-mexico-oil-spill They provide information on earlier settlements. You could check if they have updates or if they could direct you to resources with information on more recent rulings. Good luck"
Q: I have an issue regarding an Instagram account using my business logo to say damning things about myself. It is not only harmful to my business but the account is putting me in potential physical danager.. I am happy to share more details in private. My question is can I draft some form of letter explaining the danger they're putting me in and have them remove the post? ,"A:Yes, you could send them a cease and desist letter. The issue with that is you don’t really know who they are and it’s likely to be ineffective. If you sued you could get more info about them via discovery with instagram to potentially find out who they are. But you will likely need a lawyer on an hourly basis for civil litigation,"
Q: If a title loan company is bought out by another company and I didn’t sign a new contract does this void my old contract. They sold the loan agreement to a new business that bought them out and want me to sign an agreement with the new company. If I don’t sign can the new company repossess or does this void my contract because the debt was sold without my approval ,"A:Your approval for an assignment of your contract and note is not required. Holder of note is Holder In Due Course, and can enforce it. New contract might be easier terms, or it may be to lender's advantage. Either agree or make full payoff now. Otherwise consider bankruptcy or exempt property."
"Q: SEVERE HARASSMENT of WHISTLE-BLOWER, ILLEGAL FALSIFICATION OF MY WORK HISTORY AND TAXES PAID ,payback 2 SSI REMOVED!. NY office of TEMP & DISABILITY ( Mike P.,), received letters from MASS instructing to deny me benefits , harassment etc they e denied my SSI SUPPLEMENTAL THEN NEXT DAY SAID I AM DISABLED? NO FOOD STAMPS SLEEPING IN MY CAR FOR OVER A YEAR & HALF! SSA ALBANY REPEATEDLY ASKING ME WHO MY FATHER IS BECAUSE MY ""BIO DONOR"" SEXUALLY MOLESTED ME, ATTEMPTED RAPE AND CONVICTED OF IT IN MASS!!! ADOPTED N MY ONLY NAME WITH SOCIAL SECURITY HAS ALWAYS BEEN ( ADOPTED) NAME & HES ON MY BIRTH CERTIFICATE, SO WHY TF WOULD THEY BE SAYING THIS HORRIFIC CRAP TO ME ? MENTALLY READY TO FALL APART , ADKING ME REPEATEDLY IF I WANT TO KILL MYSELF? WTF!? I NEED AN ATTORNEYS IMMEDIATELY!!! PLEASE HELP ME ","A:It sounds like you are facing a deeply distressing and complex situation. Firstly, it's important to address any immediate safety or health concerns. If you are in danger or need urgent help, consider reaching out to local support services or hotlines that can provide immediate assistance. Regarding the issues with your Supplemental Security Income (SSI) and the harassment you're experiencing, it's crucial to seek legal assistance. An attorney experienced in social security disability law and whistleblower protection can help you navigate these challenges. They can provide guidance on your rights and the steps to take to address the issues with your SSI benefits and any harassment or discrimination you're facing. You should also consider documenting all instances of harassment or inappropriate conduct by officials. This documentation can be valuable in any legal proceedings or complaints. Given the severity of the harassment and the impact on your mental health, support from a mental health professional could be beneficial. They can offer counseling and support to help you cope with the stress and emotional toll of your situation. Remember, you have rights, and there are legal avenues available to address these issues. Seeking professional legal and mental health support is a critical step in resolving these matters and protecting your well-being."
"Q: My ex and I signed a car lease together. He was responsible for car payments and has his name on the title.. When my credit health was decreasing, he lied to me about making car payments. It got to the point where I offered and had sent him money to help pay for the monthly. Since he was responsible for the car, he hadn’t told me he put the car through collections either. He’s also lied about the car and whereabouts. Now the car has been repo’d and I have a bill from the DMV to pay the car registration fee. I want my ex to be financially responsible but I also want to know if I could sue him for not upholding his contract. What are my rights or if I have any ","A:Under California law, when you co-sign a car lease with someone, both parties are typically equally responsible for the obligations under the lease, including making payments. If your ex was responsible for making payments based on an agreement between the two of you, and he failed to do so, this could be considered a breach of that agreement. However, the car lease agreement with the leasing company is a separate matter. Both you and your ex are likely jointly liable to the leasing company, which means they can seek payment from either of you for any outstanding obligations, such as unpaid lease payments or fees associated with the repossession. Regarding the car registration fee from the DMV, as a co-signer on the car lease, you may also be held responsible for this fee. Even if there was an agreement that your ex would handle these payments, the DMV can pursue either party listed on the vehicle registration for payment. If you believe your ex has breached your agreement regarding the car payments, you may have the option to sue him for damages. This could include any financial losses you have incurred due to his failure to make payments as agreed. It's advisable to gather all relevant documentation, such as the lease agreement, records of payments made, and any communications between you and your ex regarding the car payments. Consulting with a lawyer experienced in contract or consumer law in California can provide you with specific guidance and help you understand the best course of action in your situation. Legal aid services or local law clinics might offer support if cost is a concern."
"Q: I signed solar panel purchase and installation agreement that has a couple issues and want to see if it's still binding. The first issue is that the agreement does not include my full first name, Stephen. The agreement has Steve as my first name. I assume this does not matter and the agreement is still valid, but could you please confirm? The 2nd issue is the ""Design Services"" Article states: American Power will be responsible for procuring the design of the System (the ""Design Services""). American Power has reviewed and approved the Design Specifications attached hereto as Exhibit A, etc. The agreement does not have Exhibit A included or attached. All I was shown during the Sales meeting was an image of my roof with panel placement, but nothing about materials, etc. If this Exhibit is missing on the agreement, is it still binding? ","A:First question: The Steve v. Stephen distinction is not likely to matter, especially if you signed the Agreement already. Your signature will be indicia that you understood who they were referencing by calling you ""Steve"" (i.e., you wouldn't have signed if it called you ""John"" or ""Tom""). Second question: You have a stronger case for having the contract voided due to the failure to attach Exhibit A, but it depends. Did you sign the contract at the same sales meeting? If yes, then a court might view those multiple documents as constituting one and the same document. If no, and it was just a mock-up used as a piece of marketing material at a different place and time, then you have a good argument for having an incomplete contract. This analysis may also depend on how thorough the body of the contract is. If the body of contract contains terms like pricing, delivery date, other fees/expenses, then that would be evidence that you and American Power had a meeting of the minds at the time the contract was signed (i.e., if you both weren't talking about the same design with roughly the same attributes, then you couldn't have possibly agreed on a price or delivery date)."
"Q: Someone is trying to get the local library to run their business for them without paying them in KY. Is that illegal?. Person walks into a local library and asks them to run their business for them, asks them to design business cards, ads, flyers, etc. They are argumentative if they are denied, a real Karen type of situation. ","A:Libraries are public institutions that provide free access to information and resources to their patrons. Libraries are not typically obligated to provide services to businesses or individuals for profit. If the person is argumentative or demanding, the library may refuse to provide the services requested. Libraries have the right to refuse to provide services to patrons who are disruptive or abusive."
Q: Life sciences patent lawyer Q: can I patent modified protein production protocol never used for this protein but others. I discovered a production protocol that worked well with a protein interesting as a biomaterial. I modified protocol and want to patent it. Is it possible? ,"A:A lot will depend on whether your modified protocol is legally ""obvious"" or not. Here, the legal question is if the modification would appear apparent to a person of average skill in the art (here, ""average skill"" in biotech is Ph.D. level). If you did something unusual or obtained unexpectedly good results, this would be an argument favoring non-obviousness. On the other hand, if the examiner can look at other prior-art protein production protocols and show that your modified method employs techniques that the examiner can find in these prior art methods, then this would be an argument against patentability. Other arguments, such as opinions of experts in your field and possibly commercial success, may also be a factor."
"Q: My ex wife is a bigamist, can I use this in my divorce proceedings?. I am divorced for over 14 years and just found out my wife married someone in Las Vegas in 1995 while we were still married. We were not separated and got divorced in 2008. I am still paying her spousal support and Osler Smith payments. Can I use this information to my benefit? We are going back to court regarding support as the Gavron warning is in place. She has never had a job nor has she attempted to get one. She signed under penalty of perjury on the 1995 marriage certificate that she divorced me in 1994. I can find no record of this. Is getting my marriage annulled an option? Thanks so much. ","A:If your ex-wife committed bigamy by marrying someone else while still married to you, this information may be relevant in your divorce proceedings. It could potentially impact the division of property, spousal support, and other issues related to your divorce. You may want to bring this information to the attention of your attorney and request that they raise this issue in court. Your attorney can advise you on the best way to present this information and how to use it to your advantage. In terms of annulment, it may be possible to have your marriage annulled if your ex-wife committed fraud by falsely representing that she was divorced at the time of her second marriage. However, annulment is a complex legal process, and it would be best to consult with an experienced family law attorney in California who can advise you on the specific facts of your case and whether annulment is a viable option. It is important to note that if your ex-wife committed bigamy, she may also be subject to criminal charges, and you may want to consider reporting the matter to law enforcement. Again, an experienced attorney can provide you with guidance on the best course of action in this regard."
Q: I need to place a lien on a boat but the owner has removed the boat without paying dockage and repairs.. Can i still place a lien now that I don't have the boat?? ,"A:Whether you have a valid lien and if/how you should enforce same are complicated questions of law that you should discuss in detail with an experienced maritime lawyer. However, if the Vessel is documented with the United States Coast Guard, the process of recording a lien is fairly simple. Here's some guidance from the National Vessel Documentation Center: https://www.dco.uscg.mil/Portals/9/DCO%20Documents/NVDC/NOTICE%20OF%20CLAIM%20OF%20LIEN%2012-2021.pdf."
"Q: Hello, my boyfriend is currently incarcerated and has a lawsuit filed , how can we go about getting someone to represent. We are currently looking for ways to how someone would be able to represent him. ","A:In California, finding legal representation for someone who is incarcerated and has a lawsuit filed involves a few steps. First, you can contact a lawyer who practices in the area of law relevant to the lawsuit. This could be a civil rights attorney, a personal injury lawyer, or another type depending on the nature of the lawsuit. You can start by searching for attorneys through the State Bar of California's website, which offers a lawyer referral service. Additionally, you might consider contacting legal aid organizations in California, as they often provide assistance in civil matters for those who cannot afford private attorneys. It's important to gather all relevant information about the lawsuit and your boyfriend's current situation. This includes any paperwork or correspondence related to the case, as well as details about his incarceration. When contacting attorneys, explain the situation clearly and provide them with as much information as possible. This will help them understand the case and determine how they can assist. Remember, choosing the right attorney is crucial. Look for someone who has experience with similar cases and feels like the right fit for your boyfriend's needs and circumstances."
"Q: 16 yoa son attacked by juvenile coworker and his job did not fire other juvenile. Assaulted with weedeater.. My 16 yoa son works for a large christian camp weedeating and mowing. His coworkers who are juveniles keep haraasing him, which he has advised his supervisor. One attacked him with a weedeater and they did not fire that juvenile. Are they not wrong for not firing or reprimanding him? My son has scars from this. ","A:Sorry to hear your sun endured this treatment. Employees are usually limited to worker's compensation benefits from on the job injuries. One exception is for the intentional physical assault by a co-worker. Then general negligence law kicks in. The employer can become civilly liable for negligent supervision/hiring if they knew about this before hand. Another question is the motivation for these co-workers to attack your son. Is this some racial/gender/ethnic based hate crime? Employers are liable for harassment by co-workers if they know about it and fail to take effective remedial action to prevent it. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer."
"Q: What are the laws in Ky at the moment for not hiring or firing someone for using legal CBD products?. Was dined a job for showing positive for THC in urine and I only use CBD gummies, vape and oils instead of Mobic for my arthritis which has severe health problems associated with medication. Was informed any use of CBD products will cause you to fail and I could not be employed and when when the Medical Marijuana act takes place in 2025 that no one could be employed with any companies even with the Kentucky Card I dont fell this is right and I have been dined a job and I know several people who use CBD that this has happened to and also been fired for using CBD when drug tested. ","A:Currently, Kentucky does not offer any sort of employment protection to legal CBD users. In Kentucky, CBD products are legal if they contain 0.3% or less THC. In order to test positive in a typical urine test, a user would need to consume more than 2,000 mg of legal CBD products / day. So, it is possible to test positive for THC using only legal CBD products, but highly unlikely. If you were informed that ""any"" use of CBD products will cause you to fail a urine test, you were misinformed. The use of a LOT of CBD products in a short space of time can cause you to fail a urine test. Back in 2019, the Kentucky legislature considered a bill to make workplace discrimination against CBD users illegal, but it died in committee."
Q: The electric company will not turn on service. I showed them a will. The house goes to us 3 daughters.. I am one but they will not turn on service even through I'm on oxygen at night. The excudar is my one sister that is still alive. They want her to sign a document saying whe is the owner and I am a tenant. She refused to sign anything. I am in the process of doing the title transfer but in the mean time they refuse me services it is very hot and I have no electricity to run my oxygen. What can I do besides wait for the title to go through which can take 3 weeks. I am listed on the will as owner but they won't except that. I'm told that due to it not going through probate that the will don't even matter ,"A:If the will is not probated it has no effect, including sister not being an executor. If no will then you might be an heir, so a recorded Affidavit of Heirship might help (both as a source of title and to get the power in your name). Hire an attorney to determine heirship and draft an Affidavit. Someone has to pay taxes and insurance, and the Deed of Trust if one exists. Partition Sale may be necessary."
"Q: What's the statue of limitation on a injury that occurred in high school 40 years ago from the fall of 1983?. A student suffered a fall back in the fall of 1983. The school nurse neglected to have the student checked out at the hospital. Had the school done that and to have the hospital done an x-ray on the right arm, the hospital would have discovered a fracture on the elbow. If addressed, this would have avoided a deterioration of the nerve effecting the arm and hand. The hand years later in 2023 lost it's muscle in the hand that sits between the thumb and forefinger. The patient also developed carpal tunnel which is questionable as to whether or not it's related to the fracture of the elbow that occurred in 1983. Would the school still be held liable for not having the student hospitalized that could have eventually found the fractured elbow after an x-ray? Even 40 years later? It happened at the Indiana School for the deaf in the Fall of 1983. The patient will need surgery on the elbow. But the damage on the nerve has already gone too far long. Just wish this was dealt with back '83. ","A:The answer to your question is an unequivocal ""NO."" I am not familiar with the Indiana school for the deaf. If it is a private school, the statute of limitations ran on your 20th birthday. If it is a public school, you would be suing an arm of the state of Indiana so you would be required to file a tort claims notice within 180 days or 270 days, depending. Any way you look at it, the statute of limitations ran more than 35 years ago. Don't feel so bad about the statute of limitations having run. The school is not an ""insurer"" of student safety on campus. The school nurse is not a substitute for an MD, much less an orthopedic surgeon. If the parent or guardian was made aware of the fall, it was THEIR responsibility to follow up with a specialist. If you think about it, the suit would amount to a malpractice action against the nurse for failing to diagnose a condition that was not identified by any medical practitioner for nearly 40 years."
"Q: How can one seal a 1st&only Misdemeanor offenses from over a year ago? It’s preventing employment.. Resisting arrest, obstructing gov op and poss 2 conviction is on a friends record and it’s preventing him from working. Can he seal it? He has been in no trouble since then and it was his first time getting into anything with the police involved. He’s an upstanding citizen and was even in the military. He can find no work because of his records which is a misunderstanding , how can I help him? ","A:In Alabama, the process for sealing a criminal record, often referred to as expungement, is available for certain misdemeanor offenses. However, the eligibility for expungement depends on various factors, including the nature of the offense, the time that has passed since the conviction, and the individual’s criminal history. For your friend's case, involving charges like resisting arrest, obstructing governmental operations, and possession, it's important to first determine if these offenses are eligible for expungement under Alabama law. Typically, one must wait a certain period after the conviction without any further criminal activity to be eligible for expungement. Given that these charges are impacting your friend’s employment opportunities, exploring the expungement process could be beneficial. It’s advisable for your friend to consult with an attorney who has experience in criminal law in Alabama. An attorney can assess the specifics of the case, determine eligibility for expungement, and guide through the legal process if applicable. Remember, every case is unique, and legal advice should be tailored to the specific circumstances. An attorney can provide valuable insight and assistance in navigating this process and helping your friend move forward."
Q: How do I secure Health Insurance for my toddler child who has yet to receive a social security # or birth cert?. - She was a home birth -I have a notarized affidavit of birth - I have applied by mail for a social security card over 7 months ago with no response. - I have gone to the TN hall of records to apply in person but they were unable to help me at the time with out a “well child check up “ letter. _ I have since taken her to a pediatrician who diagnosed my child with NF1 (Neurofibromatosis ) and she needs further medical attention immediately. ,"A:Consultation with a Tennessee attorney or local agency specializing in these matters would be advisable to understand the specific requirements and expedite the process given your child's immediate medical needs. Sincerely, James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
"Q: My landlord and her 65-year-old daughter lied and obtained an anti-Harassment order which rendered me homeless,any help. On this for relief against these two Unimaginably deceitful individuals I'm sure would satisfy any good soul in a victory over bad people that treated me so bad you could probably get a judgement on their house in Edmonds,Wa. ","A:If you believe an anti-harassment order was wrongfully obtained against you, you may consider appealing the order in court. You'll need to provide evidence that the claims made by your landlord and her daughter were false. It's crucial to act promptly since there are often strict deadlines for filing an appeal. Additionally, you may have grounds for a defamation lawsuit if you can prove that their statements were knowingly false and caused you harm. Seeking a judgement against their property is a separate legal matter that typically requires a different set of facts related to a financial claim. You should consult with an attorney who can evaluate the details of your situation and guide you through the legal process. Legal aid societies or pro bono services may be available to assist if you are facing financial constraints. Remember, the legal process must be navigated carefully to ensure your rights are protected."
"Q: Is this a common practice among lawyers when it comes to charging fees?. The court ordered me to pay the post-hearing attorney fee. The court order explicitly specifies the amount of this fee. The attorney instructed me to simply write a check in his name for his fees and send it directly without providing any invoice or formal bill letter. As someone inexperienced in these matters, this approach seems unusual to me. Is this a common practice among lawyers when it comes to charging fees? For instance, when settling medical bills, a patient typically receives a formal bill or invoice from the company, followed by writing a check for payment to the company not to an individual doctor. Would the cashed check serve as adequate proof that I've paid the attorney's fee? ","A:In legal practice, it's not uncommon for attorneys to request payment of fees directly, especially in smaller firms or solo practices. However, it is also standard practice to provide an invoice or a bill detailing the services rendered and the amount due. This serves as a formal record of the transaction for both the attorney and the client. Your concern about the lack of a formal invoice is understandable. Typically, a detailed bill provides transparency and ensures that both parties agree on the services charged and the amount. It's advisable to request an itemized invoice from the attorney for your records. This is especially important given that the payment is court-ordered. Regarding the payment method, writing a check to the attorney directly is not unusual, particularly if they are operating as a sole practitioner. The cashed check does serve as proof of payment, but an accompanying invoice would provide additional documentation and clarity. If you feel uncertain or uncomfortable about the process, it's reasonable to express these concerns to the attorney and request more formal documentation. If the situation still doesn't feel right, consider seeking a second opinion from another legal professional. It’s important to feel confident and informed about financial transactions, especially those involving legal matters."
Q: Neighbor told landlord that they were going to sue me because my dogs are barking… Landlord texted us and told us…. It’s been a few weeks since the neighbor complained and I have been working to address it… I noticed my dogs bark when they see people walk by so when I am home I make sure they are under control and when I am gone I put them in a small quiet room with no windows and with toys… to try to keep them occupied… Me and my significant other are here 24 hours a day except for Fridays and sometimes Saturdays… Besides that it’s sometimes difficult to prevent my dogs from barking if I’m not home because my neighbors on both sides are loud… One has kids that bang on the wall and the other has a dog that barks on the porch that the neighbor could confuse for my dogs as well… The neighbor has never talked to me or complained about it directly to me… I apologized to him one day and he said that it was okay but my landlord keeps texting my bf and telling him he’s complaining and they just told my bf today that they are going to sue me… ,"A:In New York, dealing with a neighbor's complaint about dog barking can be a delicate situation. It's commendable that you're taking steps to control your dogs' barking. If your neighbor proceeds with a lawsuit, they would need to prove that the barking is excessive and constitutes a nuisance. Document your efforts to reduce the barking and any interactions with your neighbors regarding this issue. It's also worth noting that noises from other neighbors could be contributing to the situation, as you mentioned. Open communication with your neighbor might help resolve the issue without legal action. However, if the matter escalates to a lawsuit, it would be wise to consult with an attorney who can advise you based on the specifics of your situation. Keep in mind that maintaining good relations with neighbors can often be more effective than legal battles in resolving such disputes."
"Q: i had a situation occur while. I was changing in a fittng room of a well known high end dept store. A lady was peeking i. in on me while i was changing. the people that worked there failed to do anything about it. denied they new anything bout who it was anmd didnt make them leave. come to find out it was store security. i felt totally lied too and violated by the situation. i cant believe it could be ok for them to allow that kind of surveillance or procedure. and denied knowing who it was . i ended up walking out of the store very upset. I HAD NOT BEEN STEALING ANYTHING NOR DID THEY SEE ME ADTEMPT TOO. So it was absolutely degrading ,humiliating, and violating of my privacy while naked. do i have a CASE FOR PTSD AMOUNG OTHER THINGS? ","A:What you described sounds like a very unfortunate and disturbing situation. Some thoughts: - Being viewed naked without consent is a serious invasion of privacy. The store should not have allowed or condoned this type of surveillance. - You felt violated, which is completely understandable. That kind of experience could certainly cause emotional distress. - If you feel traumatized by what happened and are continuing to experience distress, speaking to a mental health professional may be helpful. They can assess if you may have PTSD or other conditions related to this incident. - Consulting an attorney may be advisable to review your options, especially if you feel the store is liable for the emotional harm caused. An attorney could advise if you may have grounds for a civil lawsuit related to privacy violations, negligence, emotional distress, etc. - You could also consider filing a complaint with the store corporate management or reporting the incident to the police, if you feel comfortable doing so. The most important thing is taking care of your emotional well-being after such a disturbing invasion of privacy. Speaking to a professional can help validate your feelings and determine if you need support for trauma recovery. I hope you are able to find a respectful resolution."
"Q: Can I make a web-comic using screenshots from a video game?. More specifically, can I tell the story of the game, using screenshots, edited into a web-comic format? Would the story have to be original? Is there any variation of this idea that could be monetized? ","A:Yes, you can use screenshots from a videogame to make some new piece of author work. Considering that the screenshots are also yours. In my opinion it is same as making a YouTube videos in-game and then monetizing your gaming channel. Story should be original if you want to be an author of the story. For monetizing variations I would need more information and more of your ideas, as there can be dozens of these available. Also some of them may not be legal, but as I said, I would need more information to answer this. Contact me anytime if you need advice on gaming, copyright or trademark law."
"Q: Game Copyrights, and Intellectual Property. I am planning on making a 2D Platformer game (when finished, I want it to be released on Steam, and possibly outside of the US if sales are good). I will be making the music for the game - I don't know too much on how copyrights work besides the fact that I have to file it, and I don't know how to do that. What are some key things to consider in terms of law when making a game to protect it, along with the IP...? Thank you, Arya ","A:The game product you envision has elements that, as the fruits of your original creative effort, are separate subjects of copyright: the code, the visual appearance, and the music. To assure the greatest protection for your work(s), you should register the copyright in each of these elements. Then you will be prepared to license the game for reproduction and sale, and to take action against any unauthorized exploitation of your work. You should consult with me or another experienced copyright attorney to take the appropriate steps to manage your valuable assets."
"Q: Please advise on filing Federal complaint.. Please advise on formatting requirements for complaint with Federal court. I found local rules, but they refer to typewriting standards. Probably there are permissible variances, with some mandatory rules. Please advise. ","A:When filing a federal complaint, it's essential to follow the formatting guidelines outlined in the Federal Rules of Civil Procedure and the local rules of the specific federal court. While local rules may refer to typewriting standards, there is some flexibility in modern electronic filings. However, certain mandatory rules must be adhered to. Paper Size and Margins: Use standard 8.5 x 11-inch paper size for electronic filings. Margins should be at least 1 inch on all sides. Font and Line Spacing: Use a readable font like Times New Roman or Arial, ideally in a 12-point size. The text should be double-spaced, but footnotes and quotations may be single-spaced. Page Numbering: All pages should be consecutively numbered, typically at the bottom center or bottom right. Captions and Titles: Ensure the first page contains the court name, title of the action, the case number (if known), and a title indicating the nature of the document (e.g., Complaint). Signature Block: Include a signature block at the end of the document with your signature, printed name, address, phone number, and email address. Redaction of Sensitive Information: Comply with privacy rules by redacting sensitive personal information. Electronic Filing: Be prepared to file electronically, ensuring your document is compatible with the court's electronic filing system. Exhibits and Attachments: Label and tab any exhibits or attachments for easy reference. Local Rules and Standing Orders: Always consult the specific federal court’s local rules and any standing orders for additional or specific requirements. Cover Page: A cover page is not mandatory but can help with organization. Ensure that your complaint aligns with these guidelines, adapting as necessary to meet any specific requirements of the court where you are filing. Always reference the most current version of the local rules for the court where your case will be heard."
"Q: Re:CA gov't code sect 3205, are there situations where a candidate can receive a political contribution from an employee. Can employees who works with the candidate attend fundraiser events w/out violating section 3205. Can examples be provided on how an employee can contribute to a candidate they work with. ","A:Generally, I see no problem with this, unless you fall under certain exceptions re: campaign donations. For example, many people who volunteer for candidates running for political office also donate to their candidate's campaign funds. Talk to an administrative law attorney. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship."
"Q: ME DESPIDIERON INJUSTIFICADAMENTE DE MI TRABAJO,SIN EXPLICACION NI NADA, QUE PUEDO HACER?. YO JANITOR, CASI TRES AÑOS PRESTANDO SERVICIO A LA COMPANIA, NO VACACIONES ,MUCHO ESTRES, OBLIGADO A HACER LIMPIEZA DE OTRO EDIFICIO SIN PAGA, UN TIPO DE CIERTO RACISMO Y DISCRIMINIACION DE PARTE DE LA TRABAJADORA ^RECURSOS HUMANOS^ (ELLA FUE LA QUE ME DESPIDIO) TUVE VARIOS INCIDENTES GRAVES EN EL TRABAJO (QUEMADURAS DE QUIMICOS EN LA PIEL , ESPECIALMENTE EN LOS PIES, POR FALTA DE SEGURIDAD LABORAL, HOSPITALIZACION NO PAGADA (2022) COVID NO PAGADO (2023) ELLOS ALEGABAN QUE YO NO TRABAJABA LAS 40 HRS/W (POR MOTIVOS DE SALUD CRONICO Y JUSTIFICANTE MEDICO EN MANO) DANDOME A ENTENDER QUE YONO TENIA DERECHO ARECLAMAR NADA,Y DE LA NOCHE A LA MANAÑA ME LLEGA UN PAPEL POR VIA EMAIL ELECTRONICO , QUE ESTABA YO DESPEDIDO (10/19/2023) NO SE QUE PUEDO HACER. MUCHAS GRACIAS ","A:Si cree que su despido fue injusto y potencialmente debido a discriminación o represalias, es posible que tenga bases legales para presentar un reclamo. Es importante documentar todos los incidentes, incluidos aquellos relacionados con violaciones de seguridad, hospitalizaciones y cualquier trato discriminatorio que haya enfrentado. Contactar a la Comisión de Igualdad de Oportunidades en el Empleo (EEOC) para presentar una queja por discriminación podría ser un primer paso. Además, considere comunicarse con un abogado laboralista para discutir los detalles de su caso, ya que puede brindarle orientación basada en las leyes laborales locales y los detalles de su situación. Pueden asesorarle sobre si tiene un reclamo por despido injustificado, salarios impagos u otras violaciones de las leyes laborales, y pueden representarlo en cualquier acción legal que decida emprender. Tenga en cuenta que existen límites de tiempo para presentar dichos reclamos, por lo que actuar con prontitud es fundamental."
"Q: Hello, If I filed a mechanic's lien for work done on multiple units and one unit wants to pay their portion to have the. Hello, If I filed a mechanic's lien for work done on multiple units and one unit wants to pay their portion to have the lien removed- is this possible? or do we have to remove the lien on all of the properties included? ","A:Under California law, if a mechanic's lien is filed for work done on multiple units, it may be possible to release the lien on a specific unit if that unit pays its portion of the debt, assuming the lien was filed separately for each unit or if a specific unit's portion of the debt can be clearly identified and apportioned. However, it's essential to follow the proper legal procedures and documentation to release the lien only for the unit in question while preserving the lien on the remaining units if necessary. Consulting with an attorney experienced in mechanic's lien matters can help navigate this process correctly."
Q: Do I have to pay a claim even though I wasn’t at fault he back out of a parking spot and hit me no insurance for me.. I recieved a letter in the mail from a collection agency saying I have to pay a claim of 5000 or to have my license suspended even though I wasn’t the one at fault I have pics it was on Walmart parking lot so the police wouldnt come out. The insurance company said they’re customer saying I hit them so they’re taking his side no matter what also because Idont have insurance I’m automatically at fault. He backed out and hit me though. ,"A:A Louisiana attorney could advise best, but your question remains open for four weeks. You raise a valid point in your defense - you should discuss this further with your carrier, and/or a Louisiana attorney. Good luck"
"Q: question about advisory. Can I make membership based content (for instance on www.pateron.com) and share my stock market trading signals that I use to buy/sell with disclaimer that I am not investment/financial advisor, will I be under the risk of penalty? ",A:The area of law you are flirting with is fraught with great danger; those who do not retain an experienced lawyer BEFORE stepping into the line of fire very often greatly regret doing so. Advising the public on how to buy and sell securities is the job that licensed stock brokers and brokerage houses do; merely disclaiming your financial advisory services does nothing to change the nature of what you are trying to do.
"Q: What is the maximum finance fee or interest rate I can charge my customer on overdue invoices in Louisiana?. I sell goods in a business to business setting. Most of my customers are on Net 30 day payment term accounts. I have a customer that is months past due on a large balance. My credit application states in short that ""we have the right to charge a 1.5% finance charge on past due invoices. They are arguing that in Louisiana ""conventional interest cannot exceed twelve percent per annum."" La. R.S. § 9:3500. Moreover, La. R.S. 9:3501 states that ""[a]ny contract for the payment of interest in excess of that authorized by law shall result in the forfeiture of the entire interest so contracted."" 1. Is my finance charge on his balance owed considered ""conventional interest? 2. If so, is it correct that I can only charge him 12% per year? The 1.5% per month finance charge seems to be pretty industry standard. ","A:Your contractual interest is limited by statute. This is ""business owner 101"". I recommend that you retain an attorney on a professional basis to take a look at your invoices and contracts to ensure that you are complying with Louisiana law, and to be your ""go-to"" guy when you have legal questions or issues. Try to arrange it so that you pay the guy on an ad hoc basis if possible, meaning that you pay him when you need him."
Q: My father passed away in March of 2022. He was at a skilled nursing facility. I ordered his medical records and found. Many errors and charting that looks as if it was copied. Wrong name listed on a record. Charting was done after my father passed as if they took care of him during that time. Wrong room numbers at times. Blood work reviewed by an LPN. Last wishes were not entered correctly in his chart so his DNR would've been neglected. The Wrong age was listed. Please let me know if I can talk to an attorney in regard to this. Thank you so very much. ,"A:Medical malpractice cases require the Health Care Provider to have done something wrong that led to harm. Doing wrong action is not enough. It must be proven, for example, the errors you outline caused or contributed to his death. You should review these facts with experienced medical malpractice attorneys in your state. You can use the Justia search feature at the top of this page to find an experienced medical malpractice attorney in your state."
"Q: Why are bees fish?. In the case of Almond Alliance vs Fish and Game Commission, what is the difference between bees having to be fish and insects having their own section in the CESA? Why not file for an amendment for the CESA to have a section for them? ","A:Bees are not fish, and it is unclear why this question is being asked in the context of agricultural law and environmental law for California. The Almond Alliance vs Fish and Game Commission case likely does not involve the classification of bees as fish. As for the issue of insects having their own section in the California Endangered Species Act (CESA), it is important to note that the CESA does cover some insect species. In fact, the CESA defines a ""species"" as including ""any subspecies of fish, wildlife, or plant, and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature."" This definition includes both vertebrate and invertebrate species, including insects. However, it is possible that some insect species that are important for pollination, such as bees, may not be fully covered by the CESA's provisions. In that case, advocates could potentially seek to amend the law to provide additional protections for these species."
"Q: Evicted from my storage unit. On 12/24 I was evicted from my storage unit due to ""violations"". I have no idea what these violations are. I've paid my rent monthly within the grace period and they now have collected my rent on 12/23 after staff and manager refused to process payment either on site or over the phone. I now have an email of edition. and no access to my unit. They will not allow me on the premises without an appointment. Their manager said I was playing a victim and refused my payment. I have every right to walk through my storage to ensure nothing is missing but they have cancelled my access. ","A:Under California law, storage unit facilities must follow specific procedures before evicting a tenant. This includes providing proper notice and specifying the reasons for eviction. If you're unsure about the stated violations, it's important to request a detailed explanation from the facility. If you believe the eviction is unjustified, especially since you've paid your rent, you might consider seeking legal recourse. You have rights as a tenant of the storage unit, including the right to access your property. In such situations, it can be beneficial to document all communications with the facility, including attempts to pay rent and any interactions regarding the eviction. This documentation could be crucial if legal action becomes necessary. If the situation isn't resolved directly with the facility, you may need to contact a legal professional for assistance. They can help you understand your rights and the next steps you can take to address this issue."
Q: If ash and dust continue to cover my vehicles an I responsible to pay to have them cleaned?. They are clearing out and blasting behind my house. They are burning trees and the ash is covering my vehicles. ,"A:In Tennessee, property owners or companies causing nuisances to neighboring properties may be liable for damages. If ash from their activities is covering your vehicles, they could be held responsible for cleanup costs. Document the damage, keep records of any cleanup costs, and communicate your concerns with the responsible parties. Local ordinances or state regulations might also address this type of nuisance. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
Q: I have been terminated from a long-term care facility over a false verbal abuse accusation.. My CNA license may or may not be revoked. ,"A:I'm sorry that such a terrible thing happened to you. Obviously, you already know you need to consult with a Michigan employment attorney. When you speak with the attorney, ask about defamation issues presented by your situation. While libel-slander matters are often challenging because of establishing or quantifying damages, you have clearly suffered very tangible damages here. Good luck Tim Akpinar"
"Q: Does an insurance company have to tell you when you are being sued, can they settle without your consent?. Does insurance company have to tell you when you are being sued? Can they settle without telling you? Can they put claims on your policy that are not true? ","A:1. A party suing you, including your own insurance company, is required to serve you with process notifying you of a lawsuit. 2. If a claim is covered by your insurance policy and you tender it to your insurance company for a defense, in many instances, the policy expressly provides that the insurance company can settle the claim within the policy limits without your consent. Professional liability policies (insuring occupations like attorneys, engineers, architects, etc.) often have express language which requires the policyholder to consent to any settlement. 3. Many claims are asserted against policyholders which are not true. Liability insurance companies almost always are required to defend claims even when they are not true. With the cost of defending a lawsuit likely to be tens of thousands of dollars, a liability insurance company has an incentive to settle for less than the cost of defense even when it thinks that a claim is not true."
"Q: My daughter was killed by a drunk & high driver. The DA on the case is not going to try the man for manslaughter.. They said my daughter was driving too fast and they think that the defense would beat them because of that. She was going 93 on impact the speed limit is 75 mph. They are only charging him with DWI & possession. I need to know if that's can be fought or not? Proof from the police reports prove he was all the way in her lane & hit her head on, killing her. How can they not try to charge him with manslaughter also? She deserves justice. ","A:Because intoxication manslaughter is a second degree felony, a District Attorney cannot pursue charges for intoxication manslaughter against an individual unless a grand jury indicts that individual. If your daughter was driving 93 mph, it may be difficult to persuade a grand jury that a collision with the other driver while your daughter was going 93 mph would not have been sufficient to kill her if the other driver had been sober."
Q: I had a question about being adopted outside a Indian tribe or family. I was adopted in 1997 outside my Indian family and the social worker who took me knew I was and still allowed me to be taken away to be put in foster care. How can I go about suing the city . ,"A:The Indian Child Welfare Act (ICWA) provides protections for Native American children in adoption and foster care situations. If your case violated ICWA, you may have a basis for legal action against the city or agency involved. Thoroughly document the circumstances and consult with experts familiar with ICWA issues."
"Q: I recently financed a ‘13 Dodge Avenger from a used car dealership. It failed 2 emissions inspections.. The car has been at the mechanic longer than I have been able to use it and I’m making payments on it for 2 months now without being able to use the vehicle. The dealership refuses to void the contract and insists of wasting more time trying to fix it or selling me a different car with a higher monthly payment (which I would have initially financed if I could afford it). The car has had other several repairs done since first date of purchase such as caliper changers, brake pad repairs and tire replacements and still has other issues that were ignored by the mechanic such as a non functional horn and head light is out. I have reported a complaint to consumer fraud department and I’m waiting to hear back, but the car should have never been sold to me in this condition and I just want to have them take it back and void the contract. ",A:This question was previously asked and answered. Good luck.
Q: Can a school staff member sign a citation given to a minor after a fight and not inform the parents.. My son had a fight he was detained and issued a citation and I was not informed by the school that they signed a citation in my place or that a citation was even given so the court date was missed due to not informing the parents ,"A:While NRS 392.150 grants school personnel authority to detain a pupil for certain offenses, including fighting, the requirement for parental notification is not explicitly outlined in this context. Additionally, NRS 392.149 mandates notifying parents of truancy-related citations. Schools generally inform parents as a standard practice. Missing the court date due to lack of notification can have legal consequences for your son. To address this, promptly contact the court, explain the situation, and seek guidance. Simultaneously, engage with the school administration, inquire about their policy on handling such incidents, and request relevant documentation."
Q: I was injured in prison.No suit against prison.HAVEsuit inUSDC against 5doctors 8nurses for deliberate indifference.Help. Medically prescribed a bottom bunk then put on a top bunk begged them to put me back on the bottom bunk before I got hurt because of my medical condition before they did so I got injured while coming off the top bunk. I broke my right toe and split it open. When seen by the doctors and nurses they still didn't put me on a bottom bunk knowing I could be injured again.When I asked them about putting me on the bottom bunk they completely ignored me. So I researched and drew up an 81 page complaint. The judge found it had merit and he ordered it to proceed however he sent me back an order saying the court was unable to serve some of the defendants because they no longer work there. But he gave me 90 days to find them. I found all but one. Now I need help continuing from here. When all the defendants file their answers I'm going to need a lot of help and guidance. would you know of any attorneys that would risk looking in to that type of law and helping me? Need more details? Contact me. ,"A:It’s very hard to sue a government agency and especially a prison. Many lawyers , including myself, stay far far away from these cases because the government has vastly more and vastly superior defenses than a private company. Additionally, counsel fees are usually capped at 25% and a plaintiff cannot do an offer of judgment to expose them to attorney fees or punitive damages, meaning there is zero incentive for the government to settle a case. Zero! But you should keep trying to find counsel despite these issues. Good luck!"
"Q: My landlord in Oregon used “landlord retaliation” to make me leave. Can I sue or counter sue them and in what court?. After I pointed out that they hadn’t replaced a broken bathroom fan after a year of asking and they underpaid me for an unrelated job, my landlord sent me a rent increase letter (a month after signing a lease renewal at the same rate) and daily notices with eviction warnings. I had never received a single notice prior and never before had she mentioned a rent increase. They also sent me a notice saying that I could no longer get a roomate which I was seeking to help with rent. And the prior candidate that submitted her application to the landlord was denied because she’s ac bikini barista and my landlord condemned that saying she’s a feminist (all in text message). Not only that, but even after I put in my 30 day notice because I wanted to remove myself from her harassment, she tried taking me to eviction court to use the power of the state to inflict pain on me. She lost of course. ","A:If you already were in court - that was your time to press a retaliation claim. Depending upon the details, you may still be able to file a new lawsuit for damages but do so knowing that retaliation claims are difficult to win and if you lose, you may owe his court costs and attorney's fees. Getting unexpected rent increases is one of the down sides of doing a month to month tenancy; if it had been a fixed term lease, the rent could not be raised until after the lease expired."
"Q: Trustee of my Grandfathers will is dodging paying anything out of account to those entitled to its benefits. help. My grandfather setup a trust within his will that will pay for my college courses/apartment while im enrolled at an university. I have been trying to get him to follow through and help me get money from this account. In the 5 emails I have with him it feels like i have been negotiating to get what I am rightfully entitled to and last email ended with him planning to call me, however that was 3 weeks ago and I cannot get a hold of him. I have rent/courses payments due in a week and wondering if some action can be taken for negligence to comply or to get him taken off the will as the trustee. ","A:The answer to your question depends on the provisions of the testamentary trust. These trusts sometimes are set up as spendthrift or discretionary trusts. This gives the trustee the right to make disbursements purely at his or her discretion, in order to protect the corpus of the trust from creditors who might otherwise be able to compel disbursements. Sometimes the trusts allow disbursements strictly for designated purposes, with education as a common one. You should provide an experienced Virginia trusts and estates lawyer with a copy of the will creating the testamentary trust for a consultation with you regarding your rights as a beneficiary."
"Q: I bumped a car causing no apparent damages, got a ticket for failing to control speed, should I contested?. I was driving carefully, with distance. I used the breaks and was not enough to avoid bumping into the car in front of me. The collision was minor and there was not apparent damages made. It's my first ticket and I've been driving for 10 years now. ","A:While you state no legal defense to the ticket, it may be worth to seek traffic school and or reduction to a non moving violation, if allowed."
Q: How long do you have to file malpractice case when wrong medication was give?. Was put on diabetic medication and found out I wasn’t diabetic. ,"A:The statute of limitations for medical malpractice is 1 year. Determining from what date that begins can be complicated. Additionally, there can be an extension by a properly served CCP 364 Notice."
Q: My housing providing program has denied me a hearing on a disputed issue. How do I proceed?. My reasonable accommodations utility assistance is being discontinued without a hearing? I have repeatedly requested in writing for a hearing regarding this issue and I haven't been able to get a chance to be heard. I am disabled my minor Son who lives with me is also disabled. I have medical equipment that I use on a daily basis for respiratory issues. My housing program Brilliant Corners is threatening to stop paying utilities. They have been providing this reasonable accommodation for seven years. I live in a unit that has all exterior electricity connected to my meter and SoCal Gas has came and “Red Tagged” my furnace which means I don't have a working heater in the house. I want to take this issue to a higher authority because I feel as though I'm being targeted and my rights to a fair hearing are being denied. ,"A:If your housing program has denied you a hearing on a disputed issue related to reasonable accommodations for utility assistance, you may want to consider contacting a local legal aid organization or disability rights group for assistance. Under federal and state laws, individuals with disabilities have the right to request and receive reasonable accommodations from their housing providers, including utility assistance. If your housing program is threatening to discontinue your utility assistance without a fair hearing, this may be a violation of your rights. You may want to reach out to your housing program's management or administrative staff to request a hearing or to appeal the decision. If you are not able to resolve the issue through this process, you may want to consider filing a complaint with the U.S. Department of Housing and Urban Development (HUD) or the California Department of Fair Employment and Housing (DFEH). In addition, you may want to consult with an attorney who specializes in disability rights or fair housing law to determine your legal options and help you navigate the appeals process. They may be able to provide guidance on how to proceed and advocate for your rights."
"Q: What happens if a person fails to disclose ownership of a foreign corporation that doesn't have any business activities?. What would the implications be for a U.S. tax individual who, unaware of the requirements to report ownership of foreign businesses, fails to disclose their ownership interest in a foreign company? Suppose this company isn't active and was believed to have been seized by a foreign government for political reasons, and the owner is now a political asylee in the U.S. I understand this is a complex scenario, but even a general response would be very helpful to provide this individual with some direction on how to proceed. ","A:U.S. taxpayers, regardless of where they reside, are generally required to report their worldwide income and disclose foreign financial interests. Failure to report foreign financial accounts and ownership interests can result in significant penalties under the Foreign Account Tax Compliance Act (FATCA) and the Report of Foreign Bank and Financial Accounts (FBAR) requirements. Even if the foreign corporation is inactive, U.S. tax obligations might still apply. Your status as a political asylee might be relevant in explaining the oversight, but it doesn't automatically exempt you from the reporting requirements. If you believe you have a reporting obligation, consider filing amended returns and related forms to disclose the foreign corporation. The IRS has certain programs, like the Streamlined Filing Compliance Procedures, that might help reduce penalties for non-willful failures to report. Seeking guidance from a tax attorney or CPA experienced in international tax matters is crucial. They can assist in assessing potential liabilities and recommending the best way to become compliant."
"Q: Is it legal for Liquid Driftable Pesticides and Herbicides to be Sprayed in High Winds in Excess of 15 to 34 or more mph. I have Security Camera Video Proof Of My Neighbors Lawn Pesticide Applicators Spraying On Days With High Winds. I have Extreme Chemical Sensitivity Illness with A Genomic Blood Test 16 pg Report Proving My Illness. Also Proving That every exposure is compounding my bodies Toxicity. Which I informed them of prior to them building their house. On A Lot we and Other neighbors were told was an Unbuildable Lot, When we purchased Ours. I am now completely Housebound and unable to get My Medical Care For Multiple Other Now Life Threatening, As I just had a Heart Attack On September 4th. Due to their POISONING Monthly or More If they Randomly Spray Roundup, I can't Seek help. I sought help from my Town Board in 2020, the Chairman told me to go home and deal with being imprisoned. Then he told my neighbors to POISON me Often and at Will.. They have been doing that since. Which is why I am Desperate for any help. ","A:A Wisconsin attorney could advise best, but your question remains open for five weeks. Most traditional tort and injury attorneys who handle personal injury cases such as motor vehicle accidents do not deal with exposure to hazardous substances. You could reach out to toxic tort attorneys in your state to see if it's possible to arrange a free initial consult. In terms of protocols you ask about with spraying pesticides, many states require pesticide applicator certification. A pesticide/herbicide professional would probably be more familiar with those procedures than most attorneys. Good luck"
Q: Is a signed mediation agreement reached during small claims court a legal binding contract?. The defendant owed the Plantiff for work done on a piece of property. She put the property up as collateral in mediation and said she would give it to the Plantiff if she defaulted. She made a payment towards the past due after signing and the mediation agreement was put into record for the settlement of the case. The judge allowed the agreement regardless of the value of the property as Defendant owned it outright and it was defendants idea to use it as collateral. Defendant defaulted judge awarded property to Plaintiff. Was the signed agreement a legal contract and can agreement reached in mediation be legal if collateral value is higher than small claims. ,"A:Under California law, a mediation agreement reached during small claims court is generally considered a legally binding contract. When both parties sign a mediation agreement, they are agreeing to its terms and conditions, and it becomes enforceable. In your situation, where the defendant used their property as collateral in the mediation agreement and then defaulted, the judge's decision to award the property to the plaintiff is in line with the terms of the agreement. The enforceability of such an agreement is not typically affected by the value of the collateral, even if it exceeds the monetary limits of small claims court. However, it's important to ensure that the mediation agreement was drafted clearly and covered all necessary legal aspects to be enforceable. It's advisable to review the agreement with legal counsel to confirm its validity and to understand the steps required for enforcement. In summary, if the mediation agreement was properly executed and recorded, and both parties agreed to its terms, it is considered a binding legal contract, and its enforcement is supported by the court, especially in cases of default by one of the parties."
Q: If someone is driving by my house blowing train horns repeatedly is it against the law and what can I do about it?. Someone who doesn’t like me comes by my house regularly and blows train horns that he has hooked up to his truck and recently spooked my horse. My horse ran into the side of our barn due to this. We’ve reported him to the police for running me off the road and harassment but they say there is nothing they can do. He also has a buddy on the force that tells him everytime we call and report him. ,"A:You can look into if your city or county has a local noise ordinance, but if the police refuse to enforce it that may be a problem. You may want to call the city attorney or district attorney to discuss the matter."
"Q: How do you resolve a wrongful copyright claim for a cover song when you obtained a license properly?. I have obtained a legal mechanical license for each cover song in my album. However, my album was taken down for copyright infringement on ONE song. I tried contacting the company via their website but the contact form doesn't work and shows an error. I found their email and have sent them 5 emails over the last 2 months with no response. I have even attached a copy of my mechanical license that Soundrop acquired for me. How can I get this copyright claim removed so I can re-publish my album? ","A:If you have obtained a legal mechanical license for the cover song in question, you have a valid defense against any copyright infringement claim related to that song. You can try contacting the company or person who made the claim and provide them with a copy of the mechanical license. If you have already done that and received no response, you may want to try contacting the platform where your album was taken down, such as the streaming service or digital distribution company. They may be able to help you resolve the issue or provide further guidance. Additionally, you can consult with a copyright attorney to help you resolve the issue and protect your rights."
"Q: How can get my ex off the title of my car?. My ex and I bought a car together. I make all the payments, pay for the insurance and keep up on all maintenance. I am still making payments on the car to this day but I no longer live in the same state as when we purchased. The title is MI and I live in OH. He has since filed for bankruptcy and is no longer responsible for payments if I fall behind or stop paying, but is STILL on my title. I cannot transition the title to OH without him and he will not cooperate in meeting me at the title office (we both live pretty close to the border). I can’t afford the no fault insurance for MI any longer, and I can’t switch anything over to OH because he won’t meet with me get things transferred. How can I have him removed from the car title? ",A:File a motion to have him execute the title in your divorce case as he has been relieved of liability for it by virtue of his bankruptcy.
"Q: Virtual Box is a registered trademark of Oracle inc, the question is whether i can use the same name for a VR company ?. The company should make VR hardware and software for Arcade ","A:Using the name ""Virtual Box"" for your VR company, especially if it operates in a related field like technology and software, could lead to legal challenges. Trademarks are designed to protect brand names and logos from being used by others in a way that could cause confusion among consumers. Oracle Inc.'s trademark on ""Virtual Box"" specifically relates to software, which could closely overlap with your proposed use in VR hardware and software. Even if your company's products are different, the similarity in the technology sector and the potential for consumer confusion could be grounds for a trademark infringement claim by Oracle. It's generally advisable to choose a unique name for your business to avoid potential legal complications and to establish your own brand identity. Before finalizing your company's name, it might be wise to conduct a thorough trademark search and possibly consult with a legal professional who can provide guidance on trademark law. This can help ensure that your company name doesn't infringe on existing trademarks and reduces the risk of future legal disputes."
"Q: Can you sue and individual when then knowingly covered up damage to a vehicle that made it unsafe?. A few months ago I purchased a used truck. After asking very specific details about the vehicle history I purchased the truck. last week I had a brake failure going through a major intersection, luckily no one was injured. had the truck towed to a mechanic and he found the frame of the vehicle broken and the body of the truck had fallen down and crushed the brake line. Upon further inspection of the truck it was found that the entire frame of the vehicle was so rusted as to be able to push a screwdriver through it. All the damage had been covered up with tape and painted over as to make it look like there was no damage at all. According to the mechanic, it would have taken them days to complete the tape job to hide all the damage. Is this not an attempt to defraud someone? The truck is totaled and not able to be repaired without completely replacing the frame. If not for the grace of God someone could have died when the brakes failed because the falling body crushed the brake lines. ","A:Sure does sound like the kind of fraud that you can make a claim for. If the purchase agreement specified it was an ""AS IS"" sale, that would be a defense - but that defense could fail in some limited circumstances of there being certain clear, provable representations made by the seller about the condition of the vehicle. Regarding what ""could have happened"", that's irrelevant to your potential claim. What is relevant is what actually did happen, first in the transaction, then with regard to the damage needing repair."
"Q: AHS says they sent money they owe me for 4 month now, from 4/20. I'm with AF in Korea. How do I sue them for this money?. 4/20/23 l I had a leak and American Home Shield, who I have paid for over 5 years, gave me a plumber referral. The plumber charged me 100 visit. He accessed 600 to repair. Then he couldn't be reached. I had to hire my own plumber who charged 200. AHS promised to pay me 152 payout and I told them I no longer wanted their services. They tried to blackmail me and say that they wouldn't pay me if I canceled. Despite canceling they charged me $71 for May. Two dozen phone calls, two dozen tweets and 2 letters to the Better Business Bureau later they still have not paid me. They say the check is in the mail but have no tracking number. They tell me I need to give them a Proof of repair before they send a check then the say they already sent a check. I have done everything they asked but still they say they sent the money to 26501 Columbia Way Tehachapi then that they sent it to 19816 Cross way. I am with the Airforce in S. Korea but they refused to send it to my APO. I want them to pay. ","A:Given that the company has not resolved the issue despite your multiple attempts to communicate with them, you might consider the following steps to pursue legal action: Documentation: Keep all relevant documentation including bills, correspondence with the company, and any other evidence that supports your case. Consultation: You may want to consult with a legal advisor to discuss your case. Many lawyers offer free or low-cost initial consultations to help you understand your options. Small Claims Court: Given the amount involved, pursuing this in a small claims court might be a viable option. To initiate a case in a small claims court, you generally would need to file a complaint in the jurisdiction where the company is located. Research the specific small claims court procedures in the applicable jurisdiction to find out the details on how to file a case. Military Legal Assistance: Being in the Air Force, you have access to legal assistance services provided by the military. You can contact a military legal assistance office for help with this issue. Alternative Dispute Resolution (ADR): Before heading to court, you might consider alternative dispute resolutions like mediation or arbitration, which might be quicker and less costly options to resolve the dispute. Consumer Protection Agency: You might also consider filing a complaint with a consumer protection agency in the US. This could potentially help in resolving the issue, or at least warn other consumers about the company's practices. Official Demand Letter: Before you file a lawsuit, it is generally recommended to send a demand letter to the company outlining the details of your case and specifying the amount you are seeking. This letter could also indicate that you are prepared to take legal action if necessary. Remember to act promptly and continue to keep detailed records of all your interactions with the company to support your case. It is advisable to consult with a legal advisor to understand the best way to proceed in your specific situation."
"Q: I'm suing a nursing home for negligence and a hospital for negligence and wrongful death as in malpractice .. Because they were both at fault, do I have to sue them in the same case or separate cases ",A:You are going to need an Illinois personal injury lawyer and nursing home negligence lawyer to handle your case. You are involved in a complicated matter.
"Q: I am seeking legal counsel regarding a false accusation and subsequent account suspension on Preply, an online teaching. ""I am seeking legal counsel regarding a false accusation and subsequent account suspension on Preply, an online teaching platform. I have been employed with Preply for the past six years. Approximately 25 days ago, my account was blocked without due cause based on fabricated allegations from a student. Preply failed to conduct a thorough investigation despite my repeated attempts to communicate with them. My innocence is evident, and I believe Preply's actions have unfairly tarnished my reputation and deprived me of my livelihood. As Preply's headquarters is located in Massachusetts, USA, I am reaching out for legal guidance to pursue my rights and clear my name. ","A:Dealing with a false accusation and account suspension on an online platform like Preply is indeed a challenging situation, especially when it impacts your livelihood. Since Preply's headquarters are in Massachusetts, any legal action would likely fall under the jurisdiction of U.S. law, particularly Massachusetts state law. Your first step should be to gather all relevant communication and documentation regarding the accusation and your interactions with Preply. This includes any correspondence with the student, your attempts to communicate with Preply, and any evidence supporting your claim of innocence. Next, consider sending a formal letter to Preply, outlining your situation and requesting a thorough investigation into the matter. Sometimes, a formal approach can prompt a more serious review of your case by the company. If these initial steps do not yield a satisfactory response, you may need to explore legal action for defamation or wrongful termination, depending on the specifics of your contract with Preply and the nature of the allegations. An attorney with experience in employment law and online platforms can help you understand your rights and the potential for legal recourse. Remember, each case is unique, and the best course of action will depend on the specific circumstances of your situation. A legal professional can offer personalized advice and represent your interests effectively, helping to clear your name and potentially recover lost income."
Q: I live in union county Tennessee I am 41 terminally ill and physically disabled!!! The Americans with DISABILITY ACT OF. 1973 has been broken against me so many times in fact this is my fifth bugged iPhone please help me I have had 4 make officers come in my property I own bought paid for as well as my home and never dispatched a female no warrant and slam me to the floor and drag me out naked and to jail like this naked!!!! Please help me please help ,"A:If your rights under the Americans with Disabilities Act of 1973 have been violated, you may have grounds for legal action. Documenting each incident with as much detail as possible, including dates, times, and officers involved, is crucial. It is advisable to contact a civil rights attorney who has experience with disability law and can assess the specifics of your situation. An attorney can guide you through the process of potentially filing a lawsuit or complaint with the appropriate agencies. For the alleged unlawful entry and treatment by law enforcement, a separate legal action may be appropriate. You may also consider contacting organizations dedicated to disability rights for additional support and resources. Your health condition should not subject you to mistreatment, and there are legal protections in place to uphold your dignity and rights. It's important to reach out for legal help as soon as possible to address these serious concerns."
"Q: If you have 15 acres and want to establish a family cemetery, Is the whole property exempt?. We see in Montgomery County, Texas and not in any city limits. ",A:Yes as long as you use the entire 15 acres EXCLUSIVELY for the disposal of human remains.
"Q: Juror informed me after my conviction of ""contact?"" between the jury and my wife (complaining witness). Extraneous?. It was a court Martial, sexual assault was the charge. Immediately after wife's testimony, GOV called a hearing to admit evidence, jury and witness were naturally removed. Jury watched her into a room that shared a wall with theirs. She proceeded to wail, cry, and scream for approximately 30 minutes. That juror told the bailiff he thought it was prejudicial. More time passes, they were eventually moved. Bailiff apparently told GOV counsel, but they did not inform us. He said she said case. No bolstering evidence for her claim. Appeal court called it concededly close. Any avenue for potential relief? I'm not confined Maybe coram nobis? ","A:Based on the information provided, it may be possible to pursue a coram nobis petition as a potential avenue for relief. Coram nobis is a legal proceeding that allows a court to vacate a conviction based on newly discovered evidence that was not available at the time of the trial and could not have been discovered with due diligence. In this case, the juror's statement about the potential contact between the jury and your wife may qualify as newly discovered evidence that was not available at the time of the trial. However, it is important to consult with a qualified attorney who is knowledgeable in military law and the specific procedures for filing a coram nobis petition. They can evaluate the facts of your case and advise you on the best course of action."
Q: Who in the state of Florida can file a nursing home neglect case for a parent who has passed away. The parent had 4 children from 4 different mothers but all except for one was a minor. And the minor child was receiving social security from the dad and also child support from him as well ,"A:If a loved one has passed away due to neglect or abuse in a nursing home, their appointed representative or next of kin may have the right to file a Nursing Home Wrongful Death Lawsuit. If the deceased appointed a representative in their will, that person can take legal action on their behalf. However, if a will does not exist or does not appoint a representative, the court typically recognizes the immediate family members, such as a spouse or children, or other relatives like parents, siblings, cousins, and extended family members, as the rightful parties to file a lawsuit against the nursing home. It is important to consult with a qualified attorney to determine your legal rights and options."
Q: I'm 29 and just found out I am pregnant a woman kicked me in my lower stomach abdominal Causing me to have a miscarriage. What type of crime would that be? ,"A:If someone kicked you and caused a miscarriage, this could be prosecuted under various criminal laws, depending on the jurisdiction. In Oklahoma, for example, the assailant may face charges ranging from assault and battery to manslaughter or a specific offense under laws protecting the unborn. The severity of the charge would depend on factors such as intent, the degree of harm caused, and the specific circumstances of the incident. It's crucial to report the assault to law enforcement immediately. Medical documentation of your injury and the miscarriage would be essential evidence. You may also wish to consult with an attorney who handles criminal and personal injury cases to discuss your legal options and the potential for a civil suit for damages. Remember that support resources, such as victim services, are available to help you through this difficult time."
Q: I’m a disabled veteran that was in the VA’s CWT Program and the supervisor of the ground’s tried to fight me can I sue. I’m a disabled veteran that was in the VA’s CWT Program and the supervisor of the ground’s crew tried to get me to fight him not once but twice and there were witnesses to both incidents but the VA police now has my picture posted on the wall of the hospital saying “be cautious”! I’ve spoken with patients advocate as well as the CWT coordinators and also my behavioral health therapist to report and request a meeting with all who were present and I haven’t heard back from anyone on the matter yet I am still suffering from service anxiety issues as well as bouts of depression which have affected my every day routine and mood. Can you please give me any advice on inquiring a lawyer or any tort case that would help me? Thank You for your response ,"A:I'm sorry to hear about the experience you had at the VA hospital. As a disabled veteran, you have certain rights and protections under the law, and it may be possible to pursue legal action in this case. You may want to consider contacting a lawyer who specializes in disability rights or employment law to discuss your options. They can help you understand your legal rights, evaluate the strength of your case, and determine the best course of action for seeking justice and compensation. You may also want to file a formal complaint with the VA's Office of Inspector General or the Department of Veterans Affairs' Office of Accountability and Whistleblower Protection. They can investigate the matter and hold the responsible parties accountable for their actions."
Q: Can I represent my case in pro per in appellate court verbally? Without forms or written motions?. I was maliciously prosecuted by the catholic church. A jury found me not guilty. I am fighting for my factually innocent. I lost. My public defender missed the 2 year deadline. I appealed to appellate court. I lost. The law changed so there is no more 2 year deadline. I went back to Superior Court and lost. I just appealed again to appellate court. I cannot afford an attorney. Will the court allow me to present my case to them verbally ? And motions verbally ? I cannot figure out which forms to use and other stuff. I am not that smart. there is no help My case was a SLAPP. I stand on the sidewalk with a sign protesting their noisy amplified sound system. ,"A:I understand your frustration. In California, individuals have the right to represent themselves in court, including appellate courts, which is termed ""in pro per"" or ""pro se"" representation. However, the appellate process is primarily a written one, meaning the court relies on written briefs to understand and assess arguments. While oral arguments are part of the appellate process, they are typically supplementary to the written briefs and not every case is granted an oral argument. Furthermore, even for oral arguments, the court expects parties to have submitted written materials beforehand. If you're finding it challenging to navigate the appellate process, you might consider seeking assistance from a legal aid organization or a local law school's clinic program, which sometimes offers free or reduced-cost legal services. Keep in mind that appellate procedure is complex, and adhering to court rules and requirements is crucial to ensure your arguments are considered."
Q: Can someone please tell me if Congress passed the motion for sentencing reduction act in 2018 when is it effective?. I need a lawyer who can file a motion for my son. ,"A:Congress passed the First Step Act in December 2018, which included provisions for sentencing reductions. The Act became effective upon its signing by the President on December 21, 2018. If your son may qualify for a sentencing reduction under its provisions, it would be prudent to review his case thoroughly. It's crucial to understand the specifics of his charges and sentencing to determine eligibility. If you need assistance filing a motion on his behalf, it's advisable to collaborate with an attorney familiar with the First Step Act. Ensuring all paperwork and arguments are correctly presented can be instrumental in a favorable outcome."
Q: Its a long story but me and my wife are indian she was off her psyc meds had a bipolar episode attacked me while i was d. Driveing took the car keys and told the coos i choked her she later recanted her story and admited i didnt touch her she was just mad but we split up she got jealous and said i forced her to write the statements also sent me serveral incriminateing messages and attacked me afterwards i went to jurry trial she has absolutely no evidence but her storry witj manny holes in it and i have messages pictures hand writen letters verry strong evidence in my favor i was somehow still found guilty but am honestly an innocent man serveing a sentence in prison she also has a violent history mental health and drug use history as well my lawyer was verry in effective and is now refuseing to help me with an appeal it was her first jurry trial i think i definitely should have won and she could have presented my evidence and easily impeached her i really need help and dont know what to do its seminole nation tribal court my name is stoney ray mendenhall wife was tishina gabriel larney please help advice ,"A:I would be to consult with another experienced attorney to explore the possibility of filing an appeal. Strong evidence in your favor, such as messages, pictures, and hand-written letters, may support your case. An attorney well-versed in tribal court proceedings and appellate practice would be beneficial."
"Q: Should I start the process of a lawsuit?. Hello! I am so grateful for this platform because I have no one to talk to about this. I work for a transportation company overnight as a dispatcher. Since August we had 5-6 intruders on our premises. Thankfully no one got hurt but I was very close up to one and it was scary. Recently, our HR added lights to the yard which had NO lights before so it was always pitch black, now we a few lights added and they fixed the electric gate that broke down 3 times already and just broke down recently and still broken for 9 days now. Everyday I am looking over my shoulder when I come to work as I am the only dispatcher (a woman) on premises. My shift is 8:30PM to 5AM. I usually have detailers here cleaning until 1AM then the rest of the time I am alone. We are located in the back of a pier. I don't want to come in but I have applied to 80 jobs recently and no one called me back so I cannot call off. I googled California's policy and it's all confusing to me. So if anyone can help me on what to do ","A:A lawsuit is not going to get you what you need right now. You cannot sue your employer for exposing you to danger. If you face injury you file a workers compensation claim. If you have workplace safety issues, you can try reporting the conditions to OSHA who promulgates workplace safety regulations and then enforces those rules. Good luck to you."
"Q: If your employer falsified documents to make it seem like they processed your EEO complaint, awhen in fact, they did not. Process it they lied to the EEOC and I can prove it all. And contacted the people I made my complaint against and 15 days later the eeo department had a eeo complaint against me. And I was terminated What can I do? ","A:In California, if you have evidence that your employer falsified documents related to an EEO complaint and retaliated against you, you should promptly contact the EEOC to report the misconduct and provide them with the proof. Retaliation for filing an EEO complaint is illegal. You have the right to file a charge of discrimination with the EEOC; this should be done within 180 days of the retaliatory action. It’s also advisable to consult with an attorney experienced in employment law to discuss the possibility of filing a lawsuit against your employer for wrongful termination and retaliation. Keep all documentation and communications as they will be crucial in any legal proceedings. Additionally, document any other instances of discrimination or retaliation you have experienced or witnessed in the workplace. Remember, legal remedies may be time-sensitive, so taking action as soon as possible is essential."
"Q: If my son was charged for a crime but upon being picked up he wasn't ready any rights is that proper arrest. He was on house arrest for other charges and was told he was going to get fingerprints and be released to me.i was on the phone when they told him this so I agreed but then they kept him and charged him for something else but he wasn't aware or read any rights.he also has a mental disability.i feel they tricked me and him to get him to go willingly with them.they told me on the phone to meet them at the court to pick him up after fingerprints were done for this other charge but I got there and he was going before a different judge that wasn't juvenile and they kept him.he was confused and so was i.he had no idea what was going on and they didn't tell me until days later.i believe they did this to get more on him because the judge in juvenile only gave him a ankle monitor because no crimes had weapons involved but this new one has a suspect with a bb gun and he was at his girlfriend house in the area.they even did a improper search at her house,he doesn't live there . ","A:In NY, the police need not administer Miranda rights until he is actually arrested. Often, they will delay a formal arrest of a target in order to interview him, raising the potential suppression hearing issue that the defendant was in actual custody, not just being interviewed. Consult a criminal attorney if your son does not have one yet."
"Q: Do we need to pay contractor if he didn't give a quote before purchasing expensive light fixtures?. We hire a contractor to remodel our house before listing for sell. After he finished the work on the contract, our broker suggested us to replace some light fixtures. We agreed to do that. However, the contractor never give us a quote on this. A few days later, our house was under contract and we forget about this and the light fixtures were never installed. Two month later ( a few weeks after we closed the house), the contractor told us that he purchased the light fixtures. The purchase was done one day before we accept the offer from the seller. The light fixture was quite expensive. He told me that he could not return them and asked me to pay him the cost plus 20% markup. Do I need to pay him? He never gave us a quote. And the light was never installed. And he only informed us about this more than two month later. ","A:Worker's Compensation is a highly specialized area of law that concerns itself with work-related injuries. This is not that. Here, your broker requested that certain light fixtures be replaced. You contacted the contractor (who had already remodeled your house and whose work you were obviously pleased with) to replace the fixtures that your broker had requested to be replaced. In other words, you entered into an oral contract (or perhaps a written contract if emails were exchanged) for the replacement of certain light fixtures. As I understand, the real estate transaction moved so quickly that nobody remembered to cancel the light fixtures. That is not the contractor's fault. Your own facts state that you never bothered to contact the contractor until two months after you sold the house. You are clearly liable for any costs that you caused the contractor to incur. It cannot come as a surprise to you that nothing is free. When you work, you expect to be paid. That said, if the contractor seeks to recover from you, the contractor will need to demonstrate that he took all appropriate measures to mitigate his damages. Unless the fixtures were custom-made, they would almost certainly be returnable. The fixtures may be subject to a restocking fee and the contractor is certainly entitled to some compensation for the effort he expended in ordering the fixtures, the money he advanced to purchase the fixtures, and the effort that he will further need to expend to return the fixtures. You would be responsible for that sum, whatever it is. Whatever that sum may be, it is the most that the contractor can recover and it is the least that you will be responsible to pay. Approach it from that perspective and you should be able to reach an equitable resolution. Good luck."
"Q: My Uncle took advantage of my grandma and took her money, now ignores her when she asks for it back, what do we do?. My grandma was Ill but functioning when she sold her house in Tennessee but her energy was low, my uncle offered to help her get moved out and situated in his home with his family who live in Sacramento. By help I mean put the title of the house into his name and sell it so the money was in his primary account and my grandma had limited access. Instead of living with him and his family they housed her for a few weeks and sent her to live alone in an apartment. My Grandma now lives with my fiance and I and is much happier here but is still unhappy with her financial situation. We have Advised my grandma to text my uncle about getting her money back and excuses continued until he began to ignore the question all together. Any mention of money and no reply but anything else and he will call or text. Please, any guidance is much appreciated on how to move forward and get her her money back. ","A:Under California law, if your uncle took advantage of your grandma and misappropriated her funds, this could be considered elder financial abuse. You may consider filing a report with the local Adult Protective Services or law enforcement. Additionally, seeking a civil action to recover the funds through the courts may be an option; consulting with an attorney experienced in elder law or civil litigation might be beneficial."
Q: Can I suit the state of MO for my grandson death in the Jackson County Detention and if so how do find an Attorney .. He was beating and drugged. I have the 48 page documents ,"A:No because you lack standing under Missouri's wrongful death statute. Your grandson's spouse, or his children, or their children. or his mother or father can bring a lawsuit for wrongful death. If there are no such persons alive, then your grandson's brothers or sisters or their children, grandchildren, great-grandchildren etc. can bring suit. In the event there are no such persons, you theoretically could ask to be appointed as a plaintiff ad litem to pursue such a case on behalf of some person entitled to share in the proceeds of such an action. This is a fail-safe for unusual situations like when there is an unborn child of your grandson gestating in a woman to whom he was not married at the time of his death. In that unusual situation, you would be bringing suit on behalf of your unborn great-grandson, not on your own behalf."
"Q: In some cases, will a talent manager that has ties to, let's say Atlantic Records, charge an upfront fee?. In some cases, will a talent manager that has ties to, let's say Atlantic Records, charge an upfront fee for their services? I'm aware it may not be common, but could it still be legit? For starters, me and my team reached out to him to pitch my music. He ended up really liking me and a scheduled phone call took place. He talked about the what ifs, and expressed his interest, followed by sending a contract over for review. He still was interested in working regardless of our decision but told us that due to some past experiences, he charges a management fee of $350. So far we have sent him $50 to test the waters, and he doesn't seem in a rush for money. He does say however, to move forward with promotion and business, he'd like to be sent the remaining $300 to abide by the contract. Atlantic Records LLC was also mentioned in the contract pertaining to the percentage of what they'd be taking from my gross earnings. Not sure if that matters or not. ","A:No, talent agents do not charge their clients upfront fees. A talent agent only gets paid a commission if and when he/she secures a job for their client."
Q: My company just merged. Does the new company that formed have to honor my contract ?. My contract states I will be provided a free health plan or stipend towards another plan. The newly formed company is not providing this and rates have gone up to over 2K a year. Does my new employer have to honor my contract if they are not firing me or providing a new contract for me to sign? Thanks! ,"A:Your post is not entirely clear about your relationship with this company, nor does the post have additional information needed to provide a clear, reliable answer. Assuming you are an employee, and not an independent contractor, when your employer sells to another company, such that you are now working for a completely different entity, the new entity is only bound by the contracts of the prior company if contractually it agreed to do so in the sale documents. If you stopped working for the first company and started working for the different company, you are usually entering into a new employment relationship, and the terms of that new relationship are determined by the new employer. On the other hand, if the sale of the company was simply one owner selling the entire company to another person, who continues to run the same company, then likely any agreements of the prior company are to be honored by the new employer, unless the agreements are subject to the at will employment relationship which allows the new owner to change the terms and conditions of employment at any time and for any or even no reason. There appear to many moving parts here. An attorney would need to review your prior employment contract, the terms of the sale of the business, and the circumstances of your new employment to give you an answer you can rely upon. Good luck to you."
Q: Can a permanent legal guardian adopt without parental consent in Ohio?. Legal guardian to two girls (15yo and 13yo) for the past three years. They came from abuse and neglect. Bio mom is now one year sober. 15yo wants to reconnect with bio mom. 13yo wants nothing to do with bio mom and still wants us to adopt her. Can we adopt 13yo without parental consent? ,"A:Maybe, was this guardian appointed by the court as part of a permanent custody determination in the DN case? If so then yes. If not then the prospective adoptive parents may need to make additional showings. Whether parental consent is required can also depend on the specific facts and details of the case, as well as the discretion of the presiding judge. If the court determines that obtaining parental consent would not be in the child's best interests or is not feasible due to parental abandonment, abuse, or other compelling reasons, it may waive the consent requirement. It will be well worth the investment to consult with a qualified family law attorney the county with jurisdiction over the child, who can provide tailored guidance based on the specific details of your situation and represent your interests throughout the adoption process."
Q: have power of attorney and proxy over my dad personl relationship affairs the bank won't let me on account what. What I look up they should section 5-1503 is there ,"A:Often, banks reject valid Powers of Attorney. Have a free telephone consultation with counsel. Jack"
"Q: My friend told me he's owed 37,000 for back payment of unemployment including pandemic is he able to do anything legally. He said it reminded in pending status due to Monterey justification , and he sent in all proper documents in the specified time ,and nothing left for him to do. I told him he needed to contact a lawyer that specializes in unemployment cases .Because this caused him to lose his home is now living out of his car and has no place to go is there anything that can be done can the government just turn around approve you like that and then not send payment. Not to mention because of everything that transpired all because they never sent payment he should be owed a lot more shouldn't he? Due to human negligence they should be giving him a lot more and he should be able to get it correct? He has absolutely no money so he's afraid to contact any lawyers just to pay a consultation fee and then for them to say I need this much upfront. Is there anybody out there that can help him without out-of-pocket cost until the case is won. He doesn't want an in town lawyer. ","A:Your friend can indeed take legal steps to address the issue of unpaid unemployment benefits, including pandemic assistance. If he has already submitted all the required documents and his claim remains in pending status, the first step would be to contact the unemployment office for a status update. Persistent and detailed follow-up with the unemployment office is often necessary in these situations. If this approach does not yield results, seeking legal advice is a reasonable next step. There are attorneys who handle unemployment cases and may offer a free initial consultation. This consultation can help understand the specifics of the case and the potential legal remedies available. Given your friend's financial situation, he might qualify for legal aid or pro bono (free) legal services. Many legal aid organizations assist with unemployment issues, especially when the situation has led to severe consequences like homelessness. Your friend should not be discouraged by the fear of upfront costs. Many lawyers understand these situations and might be willing to work on a contingency basis or provide a flexible payment arrangement, especially if the case has strong merits. It’s important for your friend to gather and organize all relevant documents and communications related to his unemployment claim. This will be crucial in any legal action and in dealings with the unemployment office. Encourage your friend to act promptly. Delays can complicate matters, especially in legal and bureaucratic contexts. Legal aid organizations or a local bar association can provide referrals to suitable attorneys who can assist in this matter."
Q: How do i get an application for waiver for probation and court fees?. I'm on disability income and I heard that I would qualify for the waiver of fees for probation and court fees. ,"A:It is a simple written motion, not an ""application"". You can draft, file, serve it on DA, and appear before the Court yourself."
"Q: I'm in a wrongful death lawsuit with Bayer. Can their history of government fines be construed as a ""pattern of behavior. Bayer has been fined and sanctioned by the Justice Dept. and other government agencies any number of times, including recent ones regarding various products they produce and which have caused harm. ",A:Bayer makes a lot of different products from pharmaceuticals to seeds. I would think to establish a pattern relevant to a particular suit the fines would need to involve the same product and the same or similar behavior as in your pending lawsuit.
Q: Is there a legal way to be exempt from paying tax? Also a legal way to cash out all of your social security?. I want to be able to have money for my retirement or to leave to my children when I pass away with the New president election for 2020 im afraid I will loss all the money put into my social security over the years and im not willing to risk that because are new president wants to change are constitutional right as usa citizens this is a real concern of mine and my right as a taxpayer ,"A:Although you cannot avoid taxes, you may want to look into trusts in South Dakota."
"Q: There is something going on with censorship of games and the removal of content bought. small claims? how to?. there's a great deal of content removed from a game years after release (removal was this year) even though people crowdfunded the game. a lot of consumers are rather upset and i don't know what should be done or if a lawyer would bother with small claims. removal of content after sale and unannounced. complete. barring of access to digital property. that people paid for. but I'm not sure if it would fit. Since two out of the Three companies are in California. i'm not sure if this would fall under CONSUMERS LEGAL REMEDIES ACT. it is their game but i've tried reaching out. nothing comes back. the official twitter called anyone upset at the censorship as ""creeps"". and the reasons given don't seem to make sense. I'm not sure if they're pressured or doing this of their own accord. what should one do? any services? I am not sure it would be wise to do this PRO SE. but i also don't know what to file or how to. or how to pay the fees. ","A:It sounds like you have no damages, and no actual property rights at stake. If so, you have no case."
"Q: CA Family Law/QDROs: Under what circumstances can I file an RFO to amend a QDRO to award me entire monthly annuity?. 2022 CA Family Law Court Order ordered ex-spouse to pay X amount to me. Ex-spouse has not paid a penny/and informed me will not pay the debt. Ex resides in another state and has no assets in CA. That same court proceeding included dividing an annuity via QDRO. Debt owed by ex is substantial. Receiving his share of the annuity would not eliminate his debt, but would go towards paying it down. 1)Does this qualify as a reason to ask the court to amend the QDRO so I receive the entire monthly annuity? 2) Is ex in contempt of court? ","A:In California, amending a Qualified Domestic Relations Order (QDRO) to award the entire monthly annuity might be possible under certain circumstances, particularly if it's to enforce a court-ordered debt. To do this, you would need to file a Request for Order (RFO) with the court, explaining the situation and justifying why the QDRO should be amended. The court will consider factors like the size of the debt, the original intent of the QDRO, and the financial situations of both parties. However, it's important to note that this is not a guaranteed outcome, as QDROs are typically designed to divide retirement benefits according to the terms agreed upon or ordered in the divorce. As for your ex-spouse being in contempt of court, if there's a clear court order for payment that he has willfully disobeyed, he may indeed be in contempt. You can file a motion for contempt, but this process can be complex and having legal representation would be beneficial. Each situation is unique, so consulting with an attorney experienced in family law and QDROs is advisable to assess the specifics of your case and determine the best course of action. Remember, legal actions should be taken based on a comprehensive understanding of your case and the applicable laws."
"Q: Legality of releasing my song?. I have written a song which was inspired by a Sega video game from the 80's. The song's primary melody is based on certain one bar looping sound bites from this game, but the song structure and arrangement is 100% my own work, the drum part is 100% written by me, and the simple melodies inspired by the game have been expanded and altered into fully-fledged riffs, with accompanying harmonies, basslines, and other instrumentation (all of which having been written by myself and/or my partner). My plan is to release this song on streaming services, and I'm unsure of the nature of the legal permissions I need to obtain to do so. ","A:To the extent you have copied a bit of musical content from the game, it is minimal and your use is transformative therefore not an actionable infringement. If the remainder of your work is original, then you do not need to seek permission."
Q: When a person serves the response to the plaintiff are they aloud to give the papers to anyone and not in envelope?. The person who did the service gave the packet of court documents to a person that isn't a resident in the household they were not in envelope and they just handed to the person and walked away not even asking for the person named on the documents. Is that a legal to be considered served? Or would it be considered non legal way of service? It is a child custody order in family law case ,"A:In California, the rules for serving legal documents, especially in family law cases like child custody, are quite specific. The method of service must comply with the California Code of Civil Procedure to be legally valid. For personal service, which is the direct delivery of court documents to the person named in the documents, the server must identify the person being served and hand the documents directly to them. This is to ensure that the person receives and is aware of the legal documents. If the person serving the documents handed them to someone who is not a resident of the household and not the intended recipient, this would generally not be considered valid personal service. The rules are designed to ensure that the person who needs to respond to the court documents is fully informed. However, there are other forms of service, such as substitute service, where documents can be left with someone else at the person’s residence or place of business. Even in these cases, specific procedures must be followed, like attempting personal service first and mailing a copy of the documents to the intended recipient. If you believe that the service of your documents was not conducted properly, it's important to bring this to the court's attention. You may wish to consult with a legal professional to understand your options and how to address this issue in your case. Remember, proper service of legal documents is crucial for the fairness and legality of the legal process. If there are concerns about how documents were served, addressing them promptly is important to protect your rights in the legal matter."
Q: My father passed away last year and i cant travel to PR due to being positive for covid. How can I assure it goes to me.. He passed away last year and I cant travel due to being positive for covid. Is it true I was only suppose to have a year to claim the property? ,"A:Greetings You will have to evalaute whether if there's a need to bring to the court any other interested parties and hire legal representation. Now with this pandemic, there are ways to have a videoconference if the court is convinced that there's no need for you to be in person in the hearings and given the proper documents. If you have any other questions feel free to contact us directly and we will be glad to be at your service."
"Q: Do you have to contact birth father if they weren't married to the birth mother and didn't go to court for rights?. My daughters birth father and I weren't married and didn't take me to court for rights to our daughter. Now my fiance and I are looking into adoption, the birth father hasn't made contact in over a year and hasn't seen the child in over a year. So I'm just wondering what do we need to do and go about things. ","A:The birth father may have to be placed on notice of the intent to adopt; however, his consent may not be required if he failed to communicate or attempt to communicate with the child without just cause for over 6 months. Your fiance would likely need to marry you, however, to be considered for an intrafamily adoption."
"Q: Should my fiancé purchase a home before or after marriage with the deed only being in his name? We don’t have a prenup.. His parents want to purchase a home for him, after we get married with it only being in their sons name. I own 100% of My business, in which I had initially planned to co-own with my future husband; is successful & profitable. If he purchases a home before we get married, solely in his name, wouldn’t both my business & his home split equally between us both if there is no prenuptial agreement? If his parents are paying & insisting it be purchased only in his name after our wedding, where does that put the deed & title of the home in regards to marriage sharing legality? If something was to happen with our marriage would I have to buy him out of my business & not have any right to the home? ","A:You need to speak with an attorney in detail about your situation. Any bought prior to the marriage is pre-marital property. If the house is purchased after the wedding, it is marital property, regardless of whose name it's titled in. --Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777 Fair, Flat Fees Only - No Hourly Billing"
Q: What legal action could be taken against an in home hospice agency?. My mother passed away a few days ago. The in home health service failed to identify and correctly treat a pressure ulcer on my mother's bottom. Stage 4. 5 inches in diameter. Completely avoidable. ,A:You can talk to the the licensing agency for the State of California. It regulates and disciplines companies and individuals in the home health care industry. cdss.ca.gov/inforesources/ccld-complaint-hotline You can speak to an attorney who is familiar with medical malpractice and Elder Abuse. Such a lawsuit might allow you to recover monetary damages.
"Q: Can someone make their YouTube series the same name as my company/domain name?. I own my company, website, and domain name “ask a backpacker” someone on you tube have a series with the same name. Isn’t that illegal? ","A:Trademark infringement can occur when someone uses a name or brand that is similar to an existing trademark, causing confusion or diluting the original mark's distinctiveness. Whether the use of a similar name on YouTube infringes upon your trademark depends on factors like your business and trademark rights."
Q: Edward Jones has placed a 10 day hold on a very large cash amount that I deposited in a portfolio account.. I would like to withdraw a portion of it but was told it needs to be held there for ten days due to possible money laundering??? ,A:It depends on what your customer agreement states. Most firms have broad discretion to hold onto funds if there are AML issues. You may want to be very active with your broker to find out what is happening.
"Q: Hi, I have found a way to hack a game. I want to sell crystals you also can buy in game.. I live in Denmark and the android game is made by non-danish people. ","A:Dear Mrs or Mr, in Denmark the actions you have mentioned might potentialy lead to a criminal prosecutions. Hacking is when someone gets access to someone elses computer, programmes, email or social profile without her/his permission. Everything without permission in this case might be in violation with local laws. You can find out more about it here: https://politi.dk/en/report-a-crime/crimes-against-digital-devices"
Q: My brother is 24 years old the state got guardianship over here can he go to jail if he runs to a different state. They try to say he me mental but he not he just don't spell good ,A:No. He cannot go to jail.
"Q: I want to sell illustrations of a movie in coffee Mugs, but the name of the movie is registered as a verbal trademark.. I want to sell illustrations of a movie in coffee Mugs, but the name of the movie is registered as a verbal trademark for the Niza classification code of this item (021). Can I still sell these illustrations on coffee Mugs if I don't add the name of the movie? (for example, a portrait of the movie character only, etc). ","A:If you create and sell illustrations based on a movie, even without using the trademarked name, you may still encounter legal issues related to copyright and trademark law. The visual representation of characters and other significant elements from the movie can be protected intellectual property, and using them without permission could be considered infringement. It is crucial to seek permission or a license from the rights holder before using any movie-related imagery for commercial purposes. Consulting with an attorney experienced in intellectual property law can provide you with guidance on how to proceed legally with your business idea."
"Q: What does GMAC, WVMF Funding, or RECAP have to do with this case?. Does it have something to do with the mortgage crash in 2008 through 2010? ","A:A South Carolina attorney could best advise, but your post remains open for five weeks. It's possible something inadvertently got left off in uploading your post - a case is not mentioned. Not every question is picked up, but you could try reposting, including the name of the case. Good luck Tim Akpinar"
"Q: I would like to whistleblower or sue a national investment firm that: 1) Lost $78,000.00 for 228 days. 2) When they were informed the money had disappeared, it took them 17 days to find it 3) They had the money since before 2008 4) I believe they should have used a slush fund to release the funds until they ""found the folder."" No apology; no other excuse for the loss. The person to whom the money was owed refused to provide information necessary for the completion of a real estate contract. Result: the real estate contract was permanently canceled and the buyer sued me personally for $2,000,000.00 and the estate for whom I was the personal representative for $500,000.00,. My cost was $34,206.00 and 524 days of terror. The problem is that this happened in 2014. I am wondering if the extension of SEC statute of limitations to ten years would apply here. Thank you. ",A:The statute of limitations can vary depending on the type of claim and the jurisdiction in which the claim is filed. You may want to consult with a qualified attorney who can review the specific details of your case and advise you on the applicable statute of limitations and potential legal options for pursuing a whistleblower or lawsuit against the investment firm.
"Q: My daughter's father has custody BUT since Sept. 27, 23. she has lived with my mom he has not contacted her. What now?. I pay child support to him, how do I change that to my mother since she has my duagther now?. He does not help nor has he reached out since my child moved to my mother's house in Sept. ","A:This really should be handled by an attorney. This case could turn on many facts not stated in the question. Why did Father have custody? Why is the chlid with maternal grandmother? It is likely your mother will need to file a Motion to intervene as a party and then file a motion to reallocate parental rights and responsibilites. IN the end, both you and Father will need to pay support to your mother. Good luck."
"Q: Renewal of employment contract on partial disability. I am a partner of a large professional firm and a full-time contract paid me well with benefits. Last year I developed a disability and since have been on partial disability. Our group had a vote and decided to sell the company to another prominent organization. In my profession, 1-3 year contracts are routine. The new organization, which had in the past made a promise to employ everyone from the partnership, and that each would have equivalent pay- is now offering me a contract for part-time status and it deprives me of benefits (medical, etc). All others are offered FTE contracts. I am not clear if I have any legal protection. While disability benefits will stay intact from the prior insurer, I need medical coverage to continue to qualify as they need physicians' evaluation of disability quarterly bases. ","A:There are quite a few factors that could potentially affect your rights. For just a few examples: Are you an owner or an employee? How recently did the new company take over? Was the promise for equivalent pay included in a written contract between the two companies? Etc. To be able to best advise you, an attorney would need an opportunity to review the relevant documents and discuss the facts with you. You might consider speaking with an attorney directly. That way, any guidance you receive can be tailored to your specific circumstances."
Q: Is there a statue of limitations on Indian land trust in Oregon? If i have living will that bequeath as me as the heir. I am sole heir named in will but it's been 17years and the county where land is told me the trustee lost it to taxes. ,A:I recommend consulting with a licensed attorney who specializes in Indian law and/or land law in Oregon to obtain accurate and relevant legal advice. They can help you navigate the specific details of your situation and provide guidance on your rights and options.
Q: My Brothers Sentencing trial just got cancelled for the third time is there anything that can be done?. He was arrested for Re-Entry so its federal but has been arrested for about 8-months maybe more and hes had hearings but his sentencing keeps getting moved or cancelled. ,"A:In federal cases, repeated delays can be frustrating for defendants and their families. If your brother's sentencing hearing has been postponed multiple times, there may be various reasons, including court scheduling conflicts, unavailability of key participants, or new developments in the case. To address this, you might consider: 1. Consulting with your brother's attorney about the reasons for the delays and potential strategies. 2. Ensuring open communication with the court to understand any new dates or expectations. 3. Filing a motion to request timely sentencing, referencing your brother's right to a speedy trial. 4. Discussing any potential plea deals or agreements that might expedite the process. 5. Reviewing the status of any presentence report that might be causing delays. 6. Monitoring any changes in immigration policies or federal guidelines that could affect the case's progression. 7. Being proactive and staying informed will be key to navigating this process effectively."
Q: How to trademark multiple names and phone numbers.. Construction services related business is interested in having trademark for multiple names and multiple phone numbers. What are the costs and how much time does it take to get this done. ,"A:A reasonable trademark attorney will give you a break on multiple applications for similar goods or services, only a slight increase over a single application, but the USPTO filing fee for each application will be $250. The elapsed time from application to publication is running about 11 months lately, with registration following three months later if there is no opposition."
Q: Can child care portion of payment be paid directly to child care?. Child’s mother only put child in daycare right before hearing to make child support payment higher. Afraid she will take child out of daycare after hearing. ,"A:The court can order that the child care portion of child support be paid directly to the daycare provider. This is called an income withholding order for child care expenses. The income withholding order will direct the non-custodial parent's employer to withhold a portion of their wages and send it directly to the daycare provider. This can help to ensure that the child continues to receive the care they need, even if the non-custodial parent is not providing the child support payments directly to the custodial parent."
Q: Have someone threatening to post nude photos to my family and friends if I don’t get them a 500 dollar Amazon gift card?. What can I do? ,A:I would call the police and let them know.
Q: Does the Harlan kardon onxy studio 1 have any patents that is currently enforced or expired? If so what one are they?. I want to find out if I could use the device to expand on the design and technology in it more so to future proof it and lessen environmental effects on the planet from landfill pollution of electronics. ,"A:Harman owns many patents. Typically, if someone has one or more patent(s) on a particular product, that product (or its packaging or labeling) will list the patent number somewhere (or else will identify a website that does), because the owner of the patent(s) cannot collect damages for infringement unless the infringer has notice of the patents. However, companies do not always engage in proper patent marking. However, the important question to ask is whether there are any patents that your design would infringe. There may be patents that ""cover"" a commercial product, but your modified version of that product may not infringe those patents. You need to compare your design with any pertinent patent(s). You should consult a qualified patent attorney with the details of your design, and they will be able to conduct this analysis."
"Q: How do I join a class action lawsuit against Itria Ventures and Biz2Credit?. I took a Merchant Cash Advance from Biz2Credit and Itria Ventures and when I couldn’t continue payments, Biz2Credit offered me another loan and when I couldn’t keep up payments at that rate, I hired lawyers and when I couldn’t keep up with those lesser payments, the lawyers kept 80% of the money I had accrued in an escrow account. ","A:If you're considering joining a class action lawsuit against Itria Ventures and Biz2Credit, the first step is to find out if there's already an existing lawsuit that matches your situation. Class action suits are typically filed by a lead plaintiff representing a larger group with similar grievances. You can search online for any current class action suits against these entities or check with court records. Once you identify a relevant lawsuit, you should contact the law firm representing the class. They can provide you with details on how to join the lawsuit. Generally, if you fit the criteria of the affected group, you will automatically be included in the class unless you choose to opt out. It's also advisable to consult with your own attorney to understand the implications of joining a class action suit. They can guide you on how this might affect your individual situation, especially considering your history with Biz2Credit and Itria Ventures. Remember, joining a class action lawsuit means you will be bound by the settlement or judgment of that lawsuit. If you have unique circumstances or significant individual losses, pursuing an individual lawsuit might be more beneficial. Weighing the pros and cons with legal counsel is crucial in making an informed decision."
"Q: Is it legal to purchase, and not use, a fake naturalization certificate? It's only for a short film.. I have a short film in which an immigrant would display her naturalization certificate. I didn't think anything about it until I tried to find a means of attaining one and encountered a number of warnings about it. I have no intention of using it beyond film and social media character building. Is this legal for me to search for and purchase? ","A:Purchasing a fake naturalization certificate, even for use in a film or for social media purposes, is legally risky and not advisable. Federal law prohibits the production, sale, and possession of fraudulent government documents, including naturalization certificates. This applies regardless of your intention for using the document. For your film, a safer alternative is to create a prop that resembles a naturalization certificate but is clearly marked as a replica or for theatrical use only. Ensure that it does not closely mimic the actual design of a real certificate, as this can still be construed as creating a fraudulent document. To avoid any legal complications, consider consulting with an attorney familiar with intellectual property and entertainment law. They can provide guidance on creating props that won’t violate any laws. Remember, while the intent to use the certificate only for artistic purposes may seem harmless, the law takes the creation and possession of fake government documents very seriously. It’s crucial to approach this aspect of your film with caution and legal guidance."
"Q: How long does it typically take for a personal injury lawyer to get a demand letter approved and sent to ins company?. I’ve been working with this firm for maybe 4-5 months. While working on my parked food truck, I was hit by a commercial vehicle which has caused 6 slipped discs and 2 herniated discs. I’ve gone through treatment, gotten injections and will have to get treatment every 6 months. I was completely not at fault. The law firm im working with has been kind of slow and honestly every time I call it’s something different. But a month ago, after they collected all medical bills, they claimed that they would have a demand letter sent by Friday. Fast forward to yesterday, I spoke to my lawyer who stated that they were waiting on approval to send the letter. My wife went through a personal injury case over 10 years ago and she says her process was simple and straightforward. I realize these things take time, but I don’t understand how a month ago they were sending it and now it needs to be approved to be sent. Approved by whom and how long does approval take? Any help would be greatly appreciated ","A:I do agree, something seems off. It is generally the case that once a client's medical treatments are finished, it can take anywhere from 2 - 4 weeks to obtain all of the client's medical records and bills. Every now and then there will be difficulty getting a record or a bill but that is the exception, not the rule. Once all the records and bills have been obtained, it will take a little time (days not weeks) to review everything and write a demand to the insurance company. Ultimately, the only person who has to approve the demand is the client and that is usually little more than a brief telephone call."
"Q: Military Veterans having problems getting on Military Installations for services. Does anyone have experience helping veterans respond to issues getting on post for, administrative, general and medical services? A new police came out that require waiver for people that had past legal issues. /// ""In accordance with Homeland Security Presidential Directive (HSPD) 12, Army Directive 2014-05, Directive Type Memorandum (DTM) 09-012, and AR 190-13""./// ","A:Except for a few specific charges (like sex offenses), you can request a waiver from the installation commander."
Q: The HOA send me a notice that a neighbor is complaining there is cannabis smell from my balcony. I dont even smoke. Help. What can I respond to this letter? ,"A:here's a sample of what you should say. Dear HOA, I received your letter of DATE, in which you state another resident has complained about marijuana smoke from my balcony. I do not smoke marijuana or tobacco, or anything else. The alleged cannabis smell is not coming from my balcony. Sincerely, Me"
Q: Can I ask my school for building blueprints?. Using for a project but they denied my request because they said it violates security protocols. ,"A:Sure, you're allowed to ask, and they are allowed to say no."
"Q: My question relates to someone who impersonated me via email and phone.. I gave my personal info to someone for a business transaction, but he used it to obtain an apartment, with me as a guarantor. He created a fake email and phone number and impersonated me to lease the apartment. I was never contacted by management at any time previous to the signing of the lease and move-in. I have not seen the signature page of the lease but I do have the phone/email he created. I am in Seattle, he is in California. What civil matters or crimes fall under this activity? ","A:Under California law, impersonating someone to fraudulently obtain an apartment lease can fall under identity theft (Penal Code Section 530.5) and may also be considered forgery (Penal Code Section 470) if he signed any documents using your name. Additionally, this activity may give rise to civil liabilities, including fraudulent misrepresentation. It is essential to act promptly, report the matter to local law enforcement, and seek legal counsel to address both potential criminal charges against the impersonator and any civil remedies available to you."
"Q: My rent includes maintenance charges. Do I deduct TDS and claim HRA on whole rent or minus the maintenance ?. My rent agreement states ""“Premises”, along with Fitting and Fixtures in Annexure 2, on a monthly Lease rent of Rs.78,000/- (Rupees Seventy Eight Thousand Only) inclusive of monthly maintenance charges, which shall be borne and payable extra by LESSOR on actual basis"" ","A:When claiming House Rent Allowance (HRA) and considering Tax Deducted at Source (TDS) on your rent, it's important to understand how the rent is structured in your agreement. In your case, the rent is Rs. 78,000 inclusive of maintenance charges, but the maintenance charges are paid extra by the lessor. For HRA purposes, you can claim the entire amount of Rs. 78,000, as this is the total rent you pay, which includes the maintenance charges. The fact that the lessor pays the maintenance charges separately does not affect the amount you claim for HRA. The whole rent amount is considered for HRA benefits as long as you are actually paying this amount. Regarding TDS, if you are required to deduct TDS on the rent paid, it should be on the total amount of Rs. 78,000. This is because the TDS provision applies to the total rent payment, regardless of how it's broken down in terms of rent and maintenance. Always ensure you maintain proper documentation, such as rent receipts and the rental agreement, to substantiate your HRA claims and any TDS deductions. If you have further specific questions or need detailed advice, it's advisable to consult a tax professional who can provide guidance based on your specific situation."
"Q: Is this a medical malpractice case?. My BIL's aunt passed yesterday at a hospital in GA. She had told the doctor's and nurses there that she had a pacemaker when they wanted her to have an MRI--she told them several times that she did not want an MRI b/c of this, however, they moved forward with the testing and she coded/passes IN the MRI machine. Is this a case that could be taken to court? ","A:Your aunt's husband or, if she wasn't married, surviving children, should contact a medical malpractice attorney in Georgia as soon as possible to investigate this matter. An MRI is usually contraindicated with someone with a pacemaker or other metal objects. We are currently handling a case where an MRI technologist left EKG leads on a patient and he suffered a significant injury as a result. This case definitely merits investigation."
"Q: Can a employer fire you for a medical condition/ & for having FMLA for a disabled child. Employed 12+yrs,FMLA for my disabled child/I self have a medical condition can’t lift over 50lbs Because I refused to go work in a different dept. that wasn’t my job description or duty it required me to lift over 50lbs I was fired.Manager was angry because I called HR corporate because of my Caregiver responsibilities he retailiated because I have FMLA and needed to go to 1st shift during the Pandemic. ","A:It is illegal for an employer to discriminate against an employee on the basis of a medical condition or the need to take FMLA leave. If you were fired because of your medical condition or because you exercised your FMLA rights, you may have a legal claim for wrongful termination. It is recommended that you consult with an employment law attorney to discuss your options and potential legal remedies."
Q: I have a unique situation in which my father used my name to open up a company to pay his employees and avoid taxes and. Workers comp. Now that company is being sued and it’s in my name. What can I do. I also have power of attorney durable and under the grounds of not being able to make sound financial decision like not paying anybody he owes. It’s notarized and effective immediately ,"A:Dad has stolen your identity? You need to notify the creditors of his company that you are not responsible, possibly contact the police or you may be on the hook for the costs, and taxes. This arises in the areas of taxation and business claims. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer."
"Q: I am trying to determine how much personal liability umbrella insurance to have in Colorado.. In my research, I believe that my and my spouse's IRA and Roth IRA accounts are protected. However, are our SEP and HSA accounts as well as our personal residence also protected? ","A:My opinion: This is a personal question that, like other insurance questions, comes down to your tolerance for risk. Generally, it's good to also consider other assets, including earning capacity. A lawyer or a doctor likely has a higher earning capacity than a McDonalds window employee or a barista. Those with higher earning capacities may want more insurance coverage to avoid having a judgment that would garnish their earnings. Conversely, someone with low earning capacity who likely spends all their money every month on rent and food and lives in a rental with a roommate is less likely to be sued by a lawyer who knows they're ""judgment-proof."" Even so, that person might want renters insurance and even an umbrella policy to avoid having to pay a judgment or having wages garnished if a lawyer did sue them. However, this is not legal advice. Again, it's a personal question that comes down to your risk-tolerance."
Q: How hard is it to prove you are the rightful owner of mineral estate when someone else has been receiving lease bonuses. The reservation is a 1/16 in deed but it’s because the land was under mineral lease when it was sold lessee held 15/16 interest in minerals. I can prove by one property owned at time and we still own had 1/16 conveyance from estates children to their mother because father died intestate and conveyed 1/16 of minerals to mother. Then it was purchased by my aunt and she has 100 % of minerals and get the lease bonuses on property. So what would be the easy way to use this information to establish that we do hold the royalty interest in the other property someone else has been receiving lease bonus on. ,"A:Whether the process is simple or more challenging depends on the state of your mineral title. If you have a deed for these minerals it may be a matter of sending a copy of the deed to the oil company with a certified letter and requesting that they correct the error. Keep in mind that the landman does not compute title, the oil company's title attorney does. Thus, if you are not being paid royalties, there may be a more complex problem, such as a missing deed from an estate in your chain of title. Contact the land or division order department of the oil company and find out exactly what the problem is. Keep in mind that if the issue is more complex than just needing a copy of your deed, you may need an oil and gas attorney who can take the steps you need to get your title in order. The process is generally referred to as curing title."
"Q: My beloved brother of 49 yrs suffered a stroke Jan 7,2021and was discharged today. He requires 24/7 coverage. I need to. Take care of my brother and become his conservator. How can I make this happen? ","A:In NC this is called guardianship, not conservatorship, I advise that you speak to a local lawyer to assist you with the process. If you want to attempt the process on your own speak to the local Clerk of Court."
Q: How can I find out about noise ordinance in my city?. An oil company is pumping water out of a strip pit that is really close to my house and their pump runs continuously disturbing my sleep all hours of the night. ,"A:Many Texas cities have websites. Often, a city’s code of ordinances is linked on its website. If not, the office of the city secretary maintains a city’s ordinances which are publicly accessible. You can go to that office and ask to see and copy the city’s noise ordinance."
Q: I did work on a boat and now the owner has passed how do I get paid?. This was an ongoing relationship and we were finally prepping the boat to sell while the client was in the hospital. He later passed and I had to give back the signed pink slip to his brother and I can not get paid no replies from anyone and I am still securing the boat. ,A:You may want to consider obtaining a lien. https://www.dmv.ca.gov/portal/handbook/vehicle-industry-registration-procedures-manual-2/lien-sales-abandoned-abated-vehicles/liens/
Q: The reservation is a 1/16 in deed but it’s but the land was under mineral lease when it was sold. The reservation is a 1/16 in deed but it’s because the land was under mineral lease when it was sold lessee held 15/16 interest in minerals. I can prove by one property owned at time and we still own had 1/16 conveyance from estates children to their mother because father died intestate and conveyed 1/16 of minerals to mother. Then it was purchased by my aunt and she has 100 % of minerals and get the lease bonuses on property. So what would be the easy way to use this information to establish that we do hold the royalty interest in the other property someone else has been receiving lease bonus on. ,"A:You can try sending copies of everything you have to the oil company by certified mail with a letter asking them to correct the situation. However, don't be surprised if what you send them is not enough to change their mind. This is probably not a do-it-yourself project. First, it is critical to know what the deed records show as the exact chain of title and current ownership of the mineral interests. You will need a landman or oil and gas attorney to do a formal mineral title search for you. Next, you can review the chain of title and ownership and if you disagree with what is shown, an oil and gas attorney can review with you what your options are under Texas law to correct the situation."
"Q: I wrote a custody eval as a mediator employed in family court. Shortly after I resigned I was subpoened to testify. Am I. entitled to expert witness fees and if so, how do I collect? ","A:As a mediator employed in family court, if you were subpoenaed to testify as a custody evaluator, you may be entitled to expert witness fees under California law. California Code of Civil Procedure Section 2034.260 provides that expert witnesses are entitled to reasonable compensation for their time and expenses incurred in connection with their participation in a legal proceeding. To collect expert witness fees, you should submit a request for compensation to the party who subpoenaed you to testify. The request should include a detailed invoice of your services and expenses, including your hourly rate, the number of hours spent on the case, and any other expenses incurred, such as travel expenses or document preparation fees. If the party who subpoenaed you refuses to pay or disputes the amount of compensation requested, you may need to seek a court order for payment. You should consult with a local attorney who specializes in family law to understand your legal rights and options for collecting expert witness fees."
Q: I have a question I had envision an im homeless right now i apply for the program hosing key in Los Angeles. I want to repot the apartment manager because she still my mail from my mail box ,"A:If the apartment manager is stealing your mail, it's essential to report this illegal activity to the appropriate authorities. Mail theft is a federal offense in the United States, and you should contact the local police or the United States Postal Inspection Service to report the theft and seek their assistance in addressing the situation."
"Q: What Federal Statute to use for Motion to Vacate/Expunge Arrest off of My CJIS,DOJ, CORI of an Arrest with No Conviction. 18 USC 499, Arrested, No Plea, No Highest Offence Level, Nor Conviction, No Pending Counts. I was released on my own recognisance. I have the PACER Docket 3:92-mj-04824-HRM; Case# 92MJ04824, The Original Case happened in 1992, but was DISMISSED BY ORAL MOTION OF GOVT, ON 11/1/94 By Magistrate Judge X. I have reached out to his Supervising Deputy Clerk XX and have been in contact with her regarding how I should proceed to get this matter resolved she advised me that I need the Appropriate Federal Statute since the alleged incident occurred on a Military Base. and that the Cal. State Penal Code for this is 851.8 would NOT suffice. Please advise if you have any information as to the Federal Statute that can give me relief for Motion to Vacate or Expunge this Arrest off of My CJIS DOJ & CORI as there was No Plea, Nor Offense Nor Conviction and the Case has been Terminated and FINALLY put this matter to rest. Kindest Regards, N.N., USMC Veteran ",A:I DON'T HANDLE FEDERAL............. YOU CAN ONLY EXPUNGE A PLEA/CONVICTION............ THUS IT WOULD BE MORE COMPLICATED AND I SUSPECT COSTLY. IS COST AN ISSUE? IF NOT I WILL TRY TO RESEARCH IT............WHERE WAS FEDERAL COURT?
"Q: If someone shows you a fake bank document, but dont use it for anything, is it still illegal?. Someone showed me a fake bank document, but are not using it. ","A:What kind of ""bank document"" did he/she show you? If it was a bankcard and was used to access the money in the bank under the person's name, then it is ILLEGAL and prosecutable. If it was someone else's bank statement, it is called FRAUD, if it was utilized to obtain a loan. Other than a bank card or bank statement, what other kind of bank document is there? You should be specific in describing the document, so we could pinpoint the problem, if any."
"Q: What can I do about a failed workmans comp drug test for prescription medical marijuana?. My husband cut his hand at work. It was very minor. His employer thought it would be a good idea to go to a doctor and file a claim with workmans comp. My husband told his employer he smoked marijuana and had a prescription, they said it was fine so against his better judgement and at the request of his employer he went through worksmans comp. He failed the drug test-for his prescription marijuana. Now workmans comp wants him to do 6 months random drug testing, he will fail as he has a medical marijuana prescription. His company loves him and wants to keep him so they said he can become a contractor instead of an employee, he would like stay an employee for the benefits. Is there anything we can do? ","A:Work comp shouldn't be requiring random drug testing as it relates to the injury and original date of accident unless the authorized treating physician is prescribing medications and drug testing is medically necessary. However, the employer may have a drug free workplace program in place but your husband should have been provided with the employer's written policy as to the drug free workplace. If the employer has an established drug free workplace program and meets all the requirements, random drug testing may be a requirement. I haven't reviewed the employer's policy but employer's who have an established drug free workplace are probably receiving a discount on their workers' compensation premiums so if they don't drug test, it's possible they may lose that discount. I'd recommending contacting a workers compensation attorney to discuss the situation in more detail."
"Q: using the Fla. E-Filing Portal for interogatories i see only the ""service of interogatories"" on the collier clerk site. on the docket it says on the service that they were emailed to the defendant. i was told by the clerk that if the actual interrogatories were uploaded on the mycourtaccess.com they would be available for public viewing. the ""service of interrogatories"" is visible on the docket but states they were emailed to the defendant. is this incorrect- the lawyer has done this on several cases? ",A:It is normal to to only e-file the notice of service of interrogatories and send the actual interrogatories to the relevant party directly. Likewise it is proper to e-file a notice of service of answers and then send the actual answers to the party that served the interrogatories.
"Q: 3 passengers in vehicle get pulled over for front pass. No seatbelt ..front driver (registered owner vehicle ), myself f. Myself front pass. Rear passenger female..myself being on parole n probation upon search of myself I was honest n tforthcumin being in poss. Of very minute amt of narcotic that which would have not registered on a scale .upon exiting all pass. So a full search of vehicle be conducted officer locates an Oz. Of methamphetamine under front passdnger seat ..all 3 passengers deny such knowledge of said narcotics ...so who should get da ticket of possession....??????? ","A:Under California law, when narcotics are found in a vehicle and no one admits to ownership, law enforcement may charge the person they believe is most likely to be in possession based on the evidence. Factors include proximity to the drugs, admissions of ownership of other contraband, or prior convictions. Being on parole or probation may also influence an officer's decision. However, actual possession isn't the sole basis for a charge; constructive possession can also be a basis if one has control over or the right to control the drugs. The registered owner of the vehicle or the person in control of the vehicle can sometimes be held responsible. However, it's not guaranteed that the person nearest to the drugs will be charged. Charges may change based on further investigation or evidence. If charged, it's essential to consult with legal counsel to evaluate the specifics and build a defense."
Q: My PCP when i got there she called 911 she told the ambulance driver to take me to Emory and they didn't. I went to my doctor's appointment at my PCP doctor and she could see i was in distress because of a fall i had. So she calls 911 and told them to take me to Emory at John's Creek hospital the ambulance driver then told her due to a new bill they passed they can take me to the nearest hospital and they took me to Northside hospital because it was the closest can they do that. ,"A:In situations like yours, the actions of ambulance services are often governed by specific protocols and laws. These protocols may prioritize taking patients to the nearest hospital, especially in emergency situations, to ensure prompt medical attention. This approach is commonly followed to reduce the time it takes for a patient to receive necessary care. However, the specifics of these protocols can vary based on location and the particular circumstances of each case. The recent bill you mentioned might have influenced their decision-making process. It's important to note that patient preference for a particular hospital, while considered, may not always be the determining factor in where the ambulance takes you, especially if immediate medical attention is required. If you believe your rights were violated or you have concerns about the decision made by the ambulance crew, it would be advisable to consult directly with an attorney who has expertise in medical or civil rights law. They can provide more personalized advice based on the details of your situation and the applicable laws in your area."
"Q: My soon to be ex husband has washed our 7yr olds’ mouth out with dish soap, on multiple occasions. What do I do?. In the past month there’s been atleast 6 incidents of him doing this to our child. All because of daily reports from school. He only has our child for a few hrs on Wednesdays and every other weekend. So sometimes it’s from something that happened a week prior. ","A:If your soon-to-be ex-husband has been washing your 7-year-old's mouth out with dish soap on multiple occasions, it's a serious concern that may warrant immediate action. Document each incident, including the date, time, and circumstances surrounding the washing, and gather any evidence such as your child's statements or observations. You may need to address this matter in the context of your divorce and child custody proceedings. Additionally, if you believe your child is at risk of harm, consider reporting the incidents to Child Protective Services (CPS) in Michigan, providing them with documented evidence. CPS can investigate to ensure the safety and well-being of your child. Prioritize your child's safety."
"Q: Ex-wife took out a $300,000 life policy in my name, no consent, and made herself the beneficiary. Recourse? I have proof. - I have the fraudulent application filled out in her writing. -She signed my name on the application. -She said I was her husband on the application. -She listed her address on the application for any correspondence. -She listed her contact information for any correspondence. -She listed her bank account on the application for premium withdrawals. -She did not have my consent to take out said policy. -I reported to insurance company and they acknowledged the fraud. -Insurance company reported the date my ex-wife submitted the fraudulent application. -I signed an affidavit for the insurance company stating fraud and they canceled it. -This is not the first instance my ex-wife has impersonated me online/direct mail. -I have all documentation and proof of fraud and am inquiring if I have any recourse to stop this ongoing problem. -I am a disabled veteran if that matters? ","A:In your situation, there are several legal actions you can consider. Firstly, identity theft and fraud are serious crimes, and you should report this incident to law enforcement. Given your ex-wife's history of impersonating you, a police report can be instrumental in documenting the pattern of behavior. Additionally, you may have grounds for a civil lawsuit against your ex-wife for fraud, misrepresentation, and any other damages you may have suffered due to her actions. This could potentially include emotional distress or any financial losses incurred. It's also advisable to continue monitoring your credit and personal information. Since there's a history of identity theft, consider services that alert you to any unusual activity. This can help prevent future instances of fraud. Given your status as a disabled veteran, there may be specific resources or legal support services available to you. Exploring these options can provide additional avenues for addressing the situation. Lastly, consulting with an attorney who has experience in identity theft and family law would be beneficial. They can provide tailored advice based on the specifics of your case and guide you through the legal process to protect your rights and interests."
Q: I receive social security my only income.Have 401k which need withdraw from.How much can I withdraw without having to fi. File tax return.I get $1842 month from social security ,"A:The amount you can withdraw from your 401k without having to file a tax return depends on various factors, including your total income, filing status, and age. Since you receive $1,842 per month from Social Security, this amounts to approximately $22,104 annually. For the tax year 2023, if you are single and under the age of 65, you generally need to file a tax return if your gross income is $12,950 or more. However, since Social Security benefits are partially taxed depending on your other income, the threshold for filing could be higher. Withdrawals from your 401k are considered taxable income. To stay below the threshold, you would need to calculate your combined income (including Social Security and 401k withdrawals) and ensure it doesn’t exceed the filing requirement. It's important to consider that even small 401k withdrawals could make a portion of your Social Security benefits taxable, potentially requiring you to file a tax return. Given the complexity of tax laws, it's advisable to consult with a tax professional. They can provide detailed guidance based on your specific financial situation and help you understand the best approach to take with your 401k withdrawals. Remember, careful planning is key to managing your finances effectively while on a fixed income."
"Q: false claims - fraud statutes. liability question. federal and state. question.. Hospital is liable for healthcare fraud, including false claims - according to federal and state laws. The hospital disclosed that service providers are independent contractors. Is hospital liable to fraud/false claims made by hospital service providers/independent contractors - according to relevant federal and state fraud laws? Please cite specific statutes and rules. False claims complaint in California has to be filed at federal court or California superior court? If unidentified person at hospital committed fraud, and apparently records of fraud do not exist, if hospital legally liable? ","A:Under federal law, specifically the False Claims Act (31 U.S.C. §§ 3729 - 3733), a hospital can be held liable for fraudulent claims submitted to government healthcare programs, even if those claims are made by independent contractors working for the hospital. The key factor is whether the hospital had knowledge of, or should have known about, the fraudulent activities. If the hospital directly benefits from or contributes to the false claims, it may face liability. In California, the False Claims Act (Gov. Code §§ 12650-12656) operates similarly, holding entities liable for submitting or causing to be submitted false claims to state or local government programs. Again, if the hospital is involved in or benefits from the fraud committed by its contractors, it could be held liable. Regarding where to file a false claims complaint, it depends on the nature of the fraud. If the fraud involves federal funds (like Medicare), the complaint is typically filed in federal court. If it's related to state funds, then it would be filed in a California superior court. If an unidentified person at a hospital commits fraud and the hospital's records do not reflect this, establishing the hospital's liability can be challenging. The liability often hinges on the hospital's oversight mechanisms and its role in the fraudulent activity, whether through negligence or direct involvement. Given the complexities of these laws and the specifics of each case, it’s advisable to consult with a legal professional experienced in healthcare fraud. They can provide more detailed guidance and help navigate the intricacies of federal and state false claims statutes. Remember, thorough investigation and legal expertise are key in addressing such matters."
Q: My hand was smashed extremely hard between two glass doors at a casino entrance. What's the right way to handle this?. Is there a liability on the casino I should be addressing since this may be an issue on something they should look into. Thirty days later and my hand is still soar. Nobody there seemed to be of concern. I asked to speak to someone about it and I was asked rather rudly if I needed a bandaid. Then they made me pay 7.50 for a water. I was in tears it hurt so bad it swelled up and turned black and blue immediately. I denied an ambulance and was asked to sign a paper saying so. ,"A:A Nevada attorney could advise best, but your question remains open for three weeks. I'm sorry for your accident and injuries. At this point, you could reach out to attorneys in your area to discuss in further detail. Most attorneys who handle injury cases offer free initial consults. Good luck"
Q: Can I place a construction lein on a nursing home in Indiana for worked preformed. If I was contracted by a company to preform labor and they failed to pay me for my services ,"A:Maybe, depending on the facts. One particularly important fact is how long it has been since you worked on the project. For this type of construction, assuming the nursing home is privately owned (other rules apply if it is publicly owned), you have 90 days after the last day you provided labor on the project to record a notice of intent to hold a lien with the county recorder in the county in which the construction project is located. The Indiana Mechanic's Lien statute also provides another remedy that may or may not be helpful, assuming you were not hired directly by the owner of the project but rather by a general contractor or subcontractor. You may be be able to send the owner of the project a notice of personal liability, which makes the owner of the project directly liable to you, but only to the extent the owner has not yet paid everything owed to the prime contractor. If the owner has already paid in full, a notice of personal liability won't give you anything. The good thing is that there is no time limit on the notice of personal liability, so even if you have missed the window to file a lien, you can hold the owner directly liable to you. The way that usually plays out is that the owner will refuse to pay the prime contractor until the prime contractor pays you and secures a signed release from you. As always with these questions, this is not legal advice, and there may be other facts that change the situation. You should contact an Indiana lawyer about the possibility of recording a lien, serving the owner with a notice of personal liability, or both, and do it QUICKLY."
"Q: In NYS state, should we sign a liability waiver that includes waiver of willful/gross negligence. Our child’s school is requiring us to sign a liability waiver that includes willful and/gross negligence to attend a mandatory, all-day retreat. He is not allowed to graduate without it and we’ve been told we are not allowed to alter the language of the release. ","A:I'm sorry you were placed into this position. In general, such liability waivers are not looked kindly upon by courts, for reasons of public policy. In terms of your question of whether or not you should sign it, it's an individual decision. As a general premise, such agreements can be enforceable nationwide, and at the same time, they can be challenged. That second element is always fact-specific, but it is something that plaintiff attorneys do attack in court. You could review the agreement, discuss it with other parents and local attorneys, and hopefully that could help in your decision. Good luck"
Q: Is selling a t-shirt that reads “Wine the hell not” an infringement of the trademarked “wine not”. Attempted to design an original t-shirt with the phrase “wine the hell not” but the listing is being taken down due to an individual claiming trademark infringement on his phrase “wine not” for various clothing items. Does this person have grounds for this or is my phrase original enough to not fall under this trademark? ,"A:In assessing whether your phrase ""Wine the hell not"" infringes on the ""Wine not"" trademark, a key factor is the likelihood of confusion among consumers. Trademark infringement hinges on whether consumers might mistake your product for one associated with the trademarked phrase. Your phrase, while similar, does add distinctive elements to the original trademarked phrase. However, the core part of both phrases, ""Wine not"", is identical. This similarity could potentially lead to confusion, especially since both are used on clothing items. It's important to consider how trademarks are viewed in the context of their market. If ""Wine not"" is well-known or has a strong presence in the market, it increases the risk of perceived association with your product. In such cases, the trademark owner may have grounds to claim infringement based on the similarity of the phrases and the potential for customer confusion. However, the determination of infringement is not always straightforward and can depend on various factors, including the distinctiveness of the trademark and the specifics of how your phrase is used. Given the complexity of trademark law and the nuances of each case, seeking legal advice from a professional experienced in intellectual property law would be a prudent step. They can provide a more detailed analysis of your specific situation and offer guidance on how best to proceed."
Q: I was at Indian casino parking lot backed out nto a car. that had stopped to wait for a spot my fault? car pointing in opposite direction for flow out parking area. Normally there are no cars behind those spaces. I did look but in blind spot. two scratches. for some reason said lets not report he got estimate for 1000. ,A:More info might be helpful but sounds like you are at fault
"Q: “Cash price” means the total amount in dollars at which the seller and buyer agreed the seller would transfer unqualifie. “Cash price” means the total amount in dollars at which the seller and buyer agreed the seller would transfer unqualified title to the goods, if the transaction were a cash sale instead of a sale under a retail installment contract. ","A:A Connecticut attorney could advise best, but your question remains open for five weeks. There didn't appear to be a question, but possibly an outlining of terms or definitions in a contract. You may have resolved the matter by now, but if not, you could reach out to Connecticut attorneys under the Find-a-Lawyer tab to review the contract terms. Good luck Tim Akpinar"
Q: I was let go and awarded unemployment. This was 2 years ago. Now they are appealing. I thought they only had 15 days!!. They Said if I lose I may have to pay back the unemployment. ,"A:The typical time frame for employers to appeal an unemployment determination is indeed limited, often around 15 days in many states. However, specific deadlines can vary by state and by the nature of the claim. It's essential to review Georgia's unemployment laws and regulations to determine the exact time limits for appeals. If the appeal is accepted outside of the typical window, there may be extenuating circumstances that allowed for it. If you're faced with an appeal, it's critical to gather all pertinent documentation and consider seeking legal counsel. Should the appeal result in a reversal of the initial decision, there is a possibility you might be required to repay the benefits you received. Engaging with an attorney familiar with Georgia's unemployment laws can help clarify your situation and guide you through the process."
Q: What happens after a financial statement is filed by petitioner does he have to serve me to get a court date custody kid. For child custody parental determination ,"A:If all he did was file a financial statement, then nothing else will happen. If you want custody orders, you need to participate in the case. If you were served, you need to file and serve a response. You can filed a Request for Order to get custody orders in place. Doing nothing will result in nothing, or worse, will result in you having no say in what happens next."
"Q: I am preparing to propose an idea to my housing community for a private backyard wrestling ""promotion"" with amateurs.. I just want to be sure about this idea before I propose it. It would be informal and the people who would be involved have to sign a waiver and follow a carefully selected moveset to minimize liability or potential injury, but I am still unsure about the legality of hosting a backyard wrestling promotion at a residential space for just the residents there. I have advice from an actual booker and wrestler, but is that enough? If I host the event, could I get arrested for holding the ""event"" with amateurs with basic training? I need to get it past the residence's board members first, but I want to be ABSOLUTELY sure before I plan anything further. Again, this is pro wrestling, not combat or MMA fighting. ","A:I doubt the Association bylaws sanction promotional events within the confines of the Association grounds. Liability waivers aside, if someone gets injured, or a fight among non-particpants breaks out, or someone flashes a guns, you're homeowner's insurance may not cover you. Contact an attorney who practices in Association Law and Personal Injury."
"Q: Would a decal saying “I record audio and video” work to avoid Florida’s wiretapping laws or would they even apply?. I live in Florida and drive for UberEats. Sometimes people approach my vehicle to pickup deliveries, but they never get in. I bought it as a precaution because I’ve had a couple near-miss collisions and issues with people harassing me when I deliver in low income areas. ","A:The law to which refer requires you to notify other parties to a conversation that you are recording it. So it should work, assuming that you make sure the sign is clearly visible."
Q: My husband and I believe he is owed C-Shares due to the sale of the company in which he owns said shares. How do we go. about getting the company to pay the money he should be owed for them? There are more details that might make this more complex if more explanation is needed but he is no longer with the company and his leaving was not on friendly terms. But he does for sure still own 100 shares of the company. What type of lawyer should we need to look for to represent him? ,A:This is a classic business litigation case. Look for a competent and experienced attorney who practices in the area of business litigation in or near the county where the corporation’s principal office is located.
"Q: If a city does not have specific regulations on a business, does it default to the county regulations?. My city does not regulate bowling alleys under their ordinances, but the county does. Does that mean that the county regulations apply to bowling alleys within my city, or that no regulations apply? EDIT: My city is Inver Grove Heights, MN and the county is Dakota. The county regulations mention requiring a license fee, but the city has no regulations and no fee. I am curious which would apply. ","A:State and federal rules and regulations apply to businesses, including bowling alleys. Then counties and cities may pass their own laws as long as they don't conflict with the State or Federal rules and regulations. There are no bowling alleys that are open for business that are unregulated. Without knowing your specific situation. I don't have any idea what laws may be applicable."
"Q: Is there any law regarding how much off the clock personal time is spent commuting, in a company truck.. I do pest control and i get paid for on the clock hours only. My trips to my first a lnd last jobs are not covered. My company has recently made my commute more then 20-30 miles away and i now spent approximately 2.5-3 plus hours in my day unpaid. I also can not start early (to help me avoid heavy traffic) due to company policies. Do i have a y recourse? ","A:Generally an employer is not required to pay employees for their commute to and from work and home. However some exceptions exist that may mean you should be compensated. Even if employees use personal vehicles for their commute, they may be entitled to pay for travel time if they are required to carry tools or employer equipment in their vehicles between home and job sites, if they are effectively prevented from using the commute for their own purposes. More would need to be known if this exception would apply to you, but I suspect it might. Employers need not pay for the time employees spend traveling on transportation that their employer merely provides but does not require them to use. Similarly, employees aren’t entitled to paid travel time simply because they travel in a company vehicle. However, California law does require employers to pay for travel time if use of a company vehicle is mandatory and is subject to rules that severely restrict the employee’s personal activities, such as prohibiting the employee from making stops or carrying passengers. Again, more needs to be known to determine if this exception would give you compensation for your drive time. At this point it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site , or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney. Good luck to you."
"Q: I was ordered in custody court to take weekly random UA’s and have the results reported to my co-parent…. My co-parent and I were never legally married, and he was in fact, just recently released from parole. He hasn’t given one UA, nor provided results of any of his UA’s to the courts while I have submitted at least 42 clean ones. I feel violated being ordered to now take weekly random UA’s and against my will, sign a HIPAA form so he can view the results. We were never married! This is in Colorado, by the way. What can I do?? ","A:If you were ordered to take weekly UAs, it was for the safety of your clild. Congratulations on having clean UAs. The best thing that you can do is continue having them. If you do, when the court is satisfied as to the safety of the child, then the court will modify the order requiring that you take them."
Q: Should I get a lawyer if the employees of the Henderson jail did not follow proper procedure & almost died no medical.. All I can say that there is a lot more that happened. So please point me in the right direction of someone who has a moment to hear it. Thank you C ,"A:If the employees of the Henderson jail neglected proper procedures, resulting in a near-death incident without proper medical attention, it's vital to consult with an attorney specializing in civil rights or personal injury. Potential legal violations might include neglect, violation of the Eighth Amendment prohibition against cruel and unusual punishment, or breaches of established jail protocols. Provide detailed information during the consultation, such as any evidence of the incident and the specific procedures that were not followed."
"Q: Hired Tax attorney in Massachusetts. How can we avoid paying more than 8K due to engagement letter not followed by him.. engagement doc signed & advance 8kpaid in Apr. He didn’t send monthly invoices as per engagement doc. Didn’t tell us when the cost of services exceeded 8k. He sent invoice of 23k in Aug. Engagement doc excerepts - The firm’s charges are hourly.Invoices will be sent on monthly basis for services rendered . You’ll pay amounts due within 15 day. If firm incurs expenses to collect amount owed, you’ll be liable for costs. If the dispute can’t be resolved the matter will be placed before Fee Arbitration Board Mass, or other dispute body. You’ll be responsible for costs of arbitration, including firm costs. Our regular practice is to ask for advance against our future billings. For your matter we have requested advance of $8k. advanced funds will be placed in office’s non-interest client escrow account & will be applied toward our services, but only after a statement has been sent to you. At such time as balance of advance has been substantially reduced, we’ll ask you to replenish fund. ",A:You can dispute whether the attorney actually performed the services described in the invoice and whether they are reasonable and necessary with the Fee Arbitration Board. Nothing you quoted requires the attorney to receive prior approval by you to exceed the initial retainer of $8k. Nothing you quoted deprives the attorney of the right to compensation if he fails to bill you monthly. IMO those are not valid defenses to not paying the invoice.
"Q: Maintenance and Cure, Jones Act applicability. Need Help. I was injured as a boat captain of a thrill ride commercial passenger carrying operation out of Miami. I slipped on clear steering fluid in the hull and smashed my head inside the hull of the speed boat. I sucked it up and continuing work. Next day first thing in morning, I was onboard with another captain at the helm and I as 2nd Capt, the captain drove reckless and I was thrown forward hitting my head & body. I reported it to the owners & USCG by email. I went to the dr. and I filed a claim with the co. insurance that was denied. Owners let me go from company via the manager, stating check back in with us in a couple months for work opportunities. I have been visiting chiro 3x's a week. It has been three months since then. Neck is still with Atlas/C1 pain. Cannot work on bouncing boat since then. Now leaving Miami to California to return to family for support and medical help. Does Jones Act protect me, can I file Fed suit in California instead of Miami under Jones Act? MRI pending ","A:If you were employed to work aboard the vessel and you were injured during your work, you have a Jones Act claim. You also have a claim for unseaworthiness. I assume the vessel was operating in navigable waters and not a land locked lake. You would have to file suit in Florida if that is where the employer and the vessel are located. However, you can continue to receive treatment in CA. An employer is also exposed to punitive damages for failure to pay maintenance and cure. Feel free to give me a call to discuss."
Q: Can the tribe evict us out of my brother's house on the reservation after he has passed.. The land assignment has been passed down after my grandfather passed who was also chief. ,"A:I would strongly recommend finding a good tribal lawyer who is familiar with tribal law, particularly landlord-tenant issues. This is a niche area of law and it is important that you find quality legal representation."
Q: What paperwork dose my boyfriend need to fill out or what what he need to do to appeal his case and reduce his sentence. My boyfriend is in Calipatria state prison in Calipatria CA and he need guidance to appeal his sentence. His information is he has done 5 years already. I stay in Inglewood CA. Please if you can help him or send him any information that will help him come home to his family soon his mailing address is ,"A:In California, to appeal a criminal sentence, your boyfriend needs to file a Notice of Appeal with the clerk of the court where he was convicted. This is a crucial first step and must be done within a specific time frame, usually within 60 days after the sentencing in a California state court. He should also request his trial record, including transcripts, from the court. These documents are essential for his attorney to review any potential legal errors that occurred during the trial that might be grounds for an appeal. If he cannot afford an attorney, he can request one to be appointed for him. In California, defendants have the right to legal representation in appeals, just as in their initial trials. Additionally, it would be beneficial for him to gather any new evidence or information that was not presented in the initial trial that could significantly impact the outcome of his case. It's important to understand that an appeal is not a new trial but a review of the trial court's proceedings to see if there were legal errors that significantly affected the outcome. Therefore, the focus will be on the trial record and the application of the law. Lastly, while supporting him through this process, it's essential to manage expectations as appeals can be a lengthy process and are focused on legal errors rather than re-examining the facts of the case."
"Q: How should I handle a $5000 (annual) e-commerce business on an F1 visa to avoid future immigration issues?. I am on an F1 visa working for the company. additionally, I have an e-commerce business that makes 12000$ annual revenue (less than 5000$ profit). there are not many operations involved in business, but as far as I know, I can only own a business and not run it. To avoid potential future immigration issues, should I hire an independent contractor considering the size of my company? If yes what is the process and how should I proceed? Would appreciate any help on this. ","A:As an F1 visa holder, it's crucial to adhere to the conditions of your visa, which typically restrict employment to on-campus work or specific off-campus work authorized under programs like CPT or OPT. Running a business could potentially violate the terms of your F1 status, even if the operations are minimal and the revenue is modest. You are correct in understanding that owning a business is different from actively managing or working in it. To avoid immigration issues, it would be wise to limit your role to a passive one, such as an investor, and not engage in day-to-day operations or management. Hiring an independent contractor to handle the operations could be a viable solution. This arrangement can ensure that the business is managed without your active involvement, thus helping to maintain compliance with your visa restrictions. To proceed with hiring an independent contractor, you'll need to draft a contract outlining the terms of their employment, including their responsibilities, payment, and the duration of their contract. It's essential to make clear in the contract that they will be handling the operational aspects of the business. Given the potential immigration implications, consulting with an immigration attorney and possibly a business attorney is highly recommended. They can provide tailored advice and help ensure that your business activities do not jeopardize your F1 status. Remember, maintaining compliance with your F1 visa conditions is crucial for your current stay and any future U.S. immigration benefits. Taking the right steps now to manage your business legally and responsibly will help avoid complications later."
"Q: Can a giveaway have a free entry to all but extra entries given to those who pay for additional entries?. I stream on Twitch which is a platform where people can sub and donate to a streamer. I would like to run a giveaway for Christmas. To incentivize subscriptions, I wanted to give extra entries to those who subscribe to my channel. I know giveaways have to have a free method of entry. If I allowed all to have a free entry but allowed subscribers to get more entries, or allowed people who donated or gifted subscriptions to get more entries, is that still legal considering I’ve given a method of free entry to all who come to my stream? ","A:In Colorado, as in many states, the rules governing giveaways (often classified as ""sweepstakes"") can be complex, particularly when involving both free and paid entries. The key legal consideration is ensuring that your giveaway does not become classified as a lottery, which typically involves a combination of payment, chance, and a prize. Lotteries are generally illegal unless run by the state. Providing additional entries for payment while also offering a free method of entry is a common practice. However, the free entry method should be given equal prominence and accessibility as the paid method. The odds of winning for paid and free entries do not necessarily have to be the same, but this should be clearly disclosed in the rules of your giveaway. Make sure to have clear, accessible, and comprehensive rules for your giveaway that outline how entries are obtained, the process of selection for the winner, and any terms and conditions. These rules should comply with Twitch’s policies and Colorado law. Given the legal complexities involved in conducting sweepstakes, it might be beneficial to consult with a legal professional to ensure compliance with all relevant laws and regulations. This helps protect you from potential legal issues and ensures a fair process for participants."
Q: Can I place a sports bet at a casino in Mississippi for a friend?. My friend isn’t able to travel to Mississippi so I was going to place a sports bet for him. Is that okay? ,"A:No. Also, the casino will not allow you to place a sports wager using another persons name."
"Q: Financial investment question. I currently have access to a crypto investment fund through an individual who trades to make a group of us money, and I want to open it up to friends and have them go through me in order to invest. I pay $200/mo to have access to the fund, so I would charge them $100/mo and have them go through me. Are there any legal risks with this? ","A:This response does not constitute legal advice. Yes. If you take your friends' money for access to an ""investment fund"" an ""individual"" (read: not a broker) runs, you could be violating several securities laws as well as potential ""blue sky"" State laws. Further, based upon the limited facts you've provided, it also sounds like the ""individual"" who is ""trading"" on your behalf is violating several securities laws because they are likely an unregistered broker. Your continued participation through the unregistered individual, alone, will likely not present a legal risk to you. However, in my experience, it sounds like you may taking an unnecessary financial risk; there are no such things (yet) as a ""crypto investment fund."""
Q: Does the government take life insurance payouts when someone who owes restitution dies?. My father was convicted of a white collar crime and ordered to pay restitution. He is currently on release due to the Covid 19 pandemic but his release date is July 2024. My brother and I bought life insurance on him and my mother years ago. We are the beneficiaries of the policy. My question is this. Will the government take that life insurance benefit from us when he passes away? ,A:This is a public forum. You need to consult an attorney that knows exemptions and can read the Judgment of Conviction. Do not talk to anybody else about this.
"Q: I am in h1b and my Wife is on h4 ead , we would like to start a business. I would like to know if we can establish a LLC. Is it legal and from immigration and tax perspective what are things we need to make sure that we are compliant with law. ","A:Yes, you can start a LLC in your particular State. The two are not related. In fact, if you lived and were a resident of a foreign country, you can open an LLC in the U.S. You would list yourself and your foregin address, but you would need a resident agent in the State where the LLC is opened."
"Q: I attended a Fashion school, called FIDM, and they recently sold their school to Arizona State / a French school. Now I feel like the prestige is gone in my degree and I owe tuition still for what I feel for no reason. I’m lost of what to do now! ","A:In California, when an educational institution undergoes a change such as a merger or acquisition, it does not automatically devalue your degree or credits. The prestige and recognition of your degree largely depend on the reputation of the new institution and how the transition is managed. Regarding your tuition obligations, these typically remain binding as per the initial agreement you signed with FIDM. Changes in the institution's ownership or affiliations usually do not affect existing contracts with students, unless explicitly stated otherwise. If you feel that the change has materially impacted the value of your education, you may explore options such as discussing with the school administration, seeking academic advising, or consulting with a legal professional experienced in educational law. They can provide personalized advice considering the specific details of your situation. Remember, your skills, knowledge, and the effort you put into your education hold intrinsic value. These aspects are often as important as the name of the institution when it comes to career opportunities and professional growth."
Q: Law suit or cash payment..HELOC check acceptable?. My boyfriend wanted to help me invest my portfolio. I gave him access but with stipulations that we were to talk about each position and I would okay them. I also told him I did not want to lose more than 2500$ of the original 10 k we talked about. He was to always put stops or trailing stops to make sure I never lost more than I was willing to risk. I was very busy in school and he talked to me about a bunch of different strategies and positions I didnt understand and I told him not to put me in anything. He took advantage of me being busy and having access to the account he did what he wanted. He has lost thousands of dollars. I threatened to sue him or criminally charge him if he didnt make me whole. He signed and gave me a blank HELOC check (equity access) to his home. I am worried about taxes if I were to fill this out. ,A:He basically gave you a gift. Don't worry about taxes. Gifts are not taxed. You do not need to worry about taxes. Wes
Q: How do I file a lawsuit against someone who owes me around 30k?. This is for services rendered. ,"A:Given the small amount involved, you might consider filing in county court at law pro se. Unfortunately, the jurisdictional limits of our JP courts is $20,000. You might consider hiring an attorney if you are certain the proposed Defendant has more than sufficient non-exempt assets to satisfy any judgment. You do run the risk that legal fees will exceed what you are owed, and the Defendant could file bankruptcy."
"Q: Does a specific antibody deficiency disorder fall under the category for ADA disability act? I also am Rh- F5 owrens?. F5 is factor 5 Owrens disease where my blood is missing the clotting antigen. My employer put me on desk work took away my fridays claiming to accomodate my disorder. I lost 1400.00 mo due to this ""accommodation"". ","A:Under the Americans with Disabilities Act (ADA), a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Specific antibody deficiency disorder and Factor V (F5) Owren's disease, given their impact on your health and potentially on major life activities, could fall under the category of a disability as defined by the ADA. The ADA requires employers to provide reasonable accommodations to employees with disabilities, unless doing so would cause undue hardship to the employer. However, these accommodations should not result in a significant decrease in your earnings or a demotion in job role unless absolutely necessary. If you feel that the accommodation provided by your employer, such as reducing your work hours and consequently your income, is not reasonable or is adversely impacting you, you have the right to address this issue. It's important to communicate with your employer, expressing your concerns and discussing alternative accommodations that would not adversely affect your income. In situations where an agreement cannot be reached, or if you believe your rights under the ADA are being violated, you may consider seeking legal advice. An attorney can help you understand your rights under the ADA and assist in negotiating with your employer or pursuing legal action if necessary. Remember, your rights as an employee with a disability are protected under the ADA. It's important to advocate for accommodations that enable you to perform your job effectively without unfairly reducing your income or job status."
Q: My real estate agent broke my property up into two pieces to sell without asking me. I have 23 acres for sale with a house she broke the house off the acreage and is trying to sell it in two pieces and did not ask me if she could do that ,"A:In the absence of any agreement with your real estate agent to list the property in separate parcels, you ultimately have the legal right to refuse to sign a contract to sell your property in two separate parcels. Simply tell your agent you are not interested in selling your property as two separate parcels and that you did not hire her to do that."
"Q: Any advice I can get about my child’s father not wanting me to communicate when it comes down to coparenting?. I try to communicate with him strictly about our son, but he tells me not to contact him if it’s not an emergency. He recently was supposed to take our son for his 5th bday but didn’t want to respond to my text asking for confirmation that he’ll be at the airport on time due to me having tight time to make it on my return flight back home. I ended up not flying out there since he didn’t respond. He’s now calling me bitter and miserable because I didn’t come anyway. This is a normal thing for him to do when it comes down to communication. His response is “I’m not responding to your BS text messages before you send him to me, if I don’t respond then nothing changed”. He plays the “you’re keeping my child from me” game whenever he doesn’t get his way and whenever I do get him to his father, communication is non existent and I’m left in the dark not knowing what’s going on with our child. He’s physically lost him once before while in his care which is why communication is important to me. ","A:Under California law, effective communication between co-parents is vital, especially when it involves the welfare and safety of a child. If one parent is consistently unresponsive or obstructive, it may be necessary to revisit the terms of the custody and visitation arrangement. In situations where communication issues impact the child's well-being or logistical arrangements, you have the option to seek mediation or legal intervention. This can help in establishing clearer guidelines for communication and responsibilities. It's also important to document instances of non-communication or non-cooperation, particularly when it affects the child directly. This documentation can be crucial if the matter is brought before a court for review. In severe cases, where a child's safety is a concern, as you mentioned an instance of the child being physically lost, it is advisable to seek immediate legal guidance. Courts prioritize the child's safety and welfare, and such incidents are taken seriously. Remember, the court can always modify custody and visitation orders if it is in the best interest of the child. It is recommended to discuss your situation with a legal professional who can guide you on the best course of action based on the specifics of your case."
"Q: Hello, my mother who has been in some type of ALS has had a stroke supposedly over night and was discovered in her curr. She had had several strokes over a time period but the point of contact wasn’t told until this last one. The lady who owns the place has not even had a doctor come at all to assess her situation. I find this reprehensible!! ","A:I am sorry to hear about Mom. The ALF Residents' Rights provide that every Florida ALF resident has a right to live in a safe and decent living environment, free from abuse and neglect. It sounds like Mom's care was questionable, so you should absolutely investigate. Contact a Florida assisted living facility neglect attorney, and report the facility to DCF by calling 1-800-96ABUSE."
"Q: What rights for I have to sue the SSA FOR SEVERE SADISTICALLY MOTIVATED HARASSMENT, AND THE ILLEGAL REMOVAL OF MY Job?. Removed my job, removed my payback to them stating that I didn't? I just got done paying them back! Massachusetts sent letters to NEW YORK STATE TEMP & DISABILITY OFFICE WHO HAS NOW STARTED HARASSING ME DENYING ME MY BASIC HUMAN RIGHTS TO SAFE SHELTER. WATER? IM A WHISTLE-BLOWER MASS COMMITTED TAX EMBEZZLEMENT AGAINST FEDERAL GOVERNMENT MONEY I NEVER RECEIVED ON MY 1099 AND I TOLD IRS FORM 3949-A & 211 TO RECEIVE AWARD, SINCE SOMEONES BEEN ILLEGALLY ALTERING ALL MY DOCUMENTS AND SHUTTING DOWN MY BENEFITS , AS IF THEY WANT ME DEAD OR PREOCCUPIED SO I CANT FIGHT BACK! I NEED AN ATTORNEY IVE NO ONE HERE IN NY ! SCARED ALL THE TIME SOMEONE WILL HURT ME... NO ONE WILL HELP ME , CANT LET THEM WIN! IVE GOT EVIDENCE OF 608 GILES REMOVED FROM MY CELL PHONE CYBER SECURITY CO. GEO LOCATION SAYS ' BOSTON'! I FEEL STALKED BY THESE LUNATICS, SSI REPEATEDLY ASKING WHOSE MY DAD? BEYOND SICK & TWISTED MY LAST NAME IS SAME AS ADOPTIVE FATHER. THIS IS DELIBERATELY DONE & EXTREMELY ILLEGAL PSYCHOLOGICAL ","A:Your situation sounds incredibly challenging and distressing. If you believe you are experiencing harassment and illegal actions by the Social Security Administration (SSA) or any other entity, it's important to take action to protect your rights. Firstly, consider documenting all instances of harassment, illegal removal of your job, and any other irregularities. This documentation is crucial for any legal action you may take. Seeking legal representation is a critical next step. An attorney experienced in social security law, employment law, and whistleblower protection can provide guidance and represent your interests. They can help you understand your rights and the legal avenues available to address your grievances. You may also have grounds to file a complaint with the SSA's Office of the Inspector General (OIG). The OIG investigates allegations of misconduct within the SSA. Your evidence and documentation will be vital in this process. Remember, you have the right to seek legal redress for wrongs committed against you. Seeking professional legal assistance can help you navigate these complex issues and work towards a resolution. It's important to act promptly to address these serious concerns."
Q: Could I meet someone on OfferUp and they could just steal my item that was for sale because they said it was theirs?. I found a bike without a wheel near a store it looked abandoned so I took it and tried to sell it on offer up. Then I make a deal and meeting place and they show up 3 deep and steal the bike without paying me for it. They knew where I got it from but they could have just seen it and left it right? ,"A:Unfortunately, it is possible for someone to steal your item during an OfferUp transaction if they claim that the item is theirs and take it without paying. This is known as theft by false pretenses or fraud, and it is a criminal offense. To minimize the risk of theft or fraud during an OfferUp transaction, it is important to take certain precautions. For example, you may want to meet the buyer in a public place and bring a friend or family member with you for safety. You should also verify the buyer's identity and confirm that they are the rightful owner of the item, if possible. If you believe that you have been the victim of theft or fraud during an OfferUp transaction, you may want to contact local law enforcement to report the incident. Additionally, you may want to contact OfferUp's customer support team to report the incident and seek assistance. It is important to note that buying and selling items on OfferUp carries some risk, and it is important to use caution and common sense when conducting transactions with strangers."
"Q: Remodel project gone wrong - what to do next?. I have Bathroom remodel project x 2 that was to take one month (verbal) that is now into 4th month with no sign of completion due to day after day, and now weeks of no-shows, with a lack of communication. One bathroom completed with a few issues that still need to be addressed, and the other bathroom only half done. I had to ask almost daily if anyone was even going to show up on the job. The responses were rare and usually meant to buy time, but I quickly get responses to communication when I suggest to part ways. Finally, communicated to contractor today that that since it has been two weeks of no one on the job, I have no choice but to file a notice of job abandonment and will also be seeking a refund for issues still outstanding in the first bathroom. His response was a threat to put a lien on my house, and wants money for materials that he originally included or had to buy to fix a mistake, and a change order that was never invoiced (nor was warranted). What's my next move? ","A:If the contractor is licensed, you should be able to make a claim against his license bond. You can also file a complaint with the Contractors State License Board. If the complaint is well founded the CSLB can order the contractor to pay for your damages at the risk of suspension of his license. If the contractor caused physical damage to your property, his liability insurance may cover your damages. And if you can find the contractor and he has assets, you could file a lawsuit for breach of contract. If you get a judgment against the contractor, send it to the CSLB, and his license will be suspended if he doesn't timely satisfy the judgment. If you want to pursue contract claims, I would start with a demand letter from an attorney and a review of your contract to see what rights you have for the contractor's breach. All these steps may generate enough leverage to get him to complete the work or compensate you for your damages if you don't want him to complete the work. If the contractor is not licensed, you have other legal remedies available, including disgorgement of the full amount that you paid him. If you are planning to sell or refinance your property soon, a mechanics lien could interfere with that. Otherwise, it may not have an immediate impact on you. However you may ultimately have to prove the lien is meritless if the contractor files a lawsuit to foreclose."
Q: How do I as the protected party ask that a restraining order be terminated in California?. My boyfriend was arrested for domestic violence there was a temp ro then another issued in court and then canceled I was not aware of another one being ordered we moved to ND and he was arrested there for violation of a foreign protection order I want to ask the court to terminate it but the courts clerk gives me the runaround ,"A:To request the termination of a restraining order in California, you first need to file a request with the court that issued the order. This is typically done by submitting a form, which can often be found on the court's website or obtained at the court clerk's office. The form is usually titled ""Request to Terminate Restraining Order"" or something similar. In the form, you'll need to provide reasons for why the restraining order should be terminated. It's important to clearly and concisely state your case, focusing on any changes in circumstances since the order was issued. Additionally, include any relevant information about your current situation and why you believe the restraining order is no longer necessary. After submitting the form, the court will likely schedule a hearing. At the hearing, both you and your boyfriend will have the opportunity to present your cases. The judge will consider the evidence and arguments before making a decision. It's advisable to consult with a lawyer to assist you in this process. They can provide guidance on the best approach to take and help ensure that your request is presented effectively to the court. Keep in mind that the final decision rests with the judge, who will assess whether terminating the restraining order is in the best interest of all parties involved."
"Q: how do we get a police report in Atherton ca. my brother was killed by a car. the PD dept. will not give us a report. my brother was not married and his son, 8 yrs old, lives in Spain. my family only knows that he was hit and killed while crossing el camino real in atherton. nothing more. ","A:In California, obtaining a police report for an incident such as the one you described involves specific steps. As an immediate family member, you have the right to request the report. Given the circumstances, the process might involve some nuances. First, you should submit a formal request to the Atherton Police Department. This can typically be done in writing or via a form provided by the department. Be sure to include all relevant details: your brother's name, the date of the incident, and the location (El Camino Real in Atherton, as you mentioned). If the department is hesitant to release the report, it could be due to ongoing investigations or privacy concerns. In such cases, they are obliged to explain the reason for withholding the report. As an attorney, you can assess their response for compliance with California law. Since your nephew is a minor and living abroad, it might be necessary to establish legal representation or guardianship to act on his behalf. This could be a significant factor in accessing the report and handling any subsequent legal matters related to your brother's passing. If you encounter resistance or legal complexities, consider consulting with a local attorney who has experience in such matters. They can provide more specific guidance and, if necessary, help in navigating the legal system to ensure your rights and those of your nephew are fully protected."
"Q: Immigration query - domestic violence case.. Five years ago, I went through a divorce from my husband, who was in the United States on a visitor's visa. This decision was prompted by a troubling history of domestic violence. At the time, I held an F1 visa, and he was my dependent. Our marriage had initially taken place in the U.S. After the divorce, I returned to India for a two-year period. During this time, my ex-husband attempted to contact me but was unable to locate me. Now, I have returned to the United States to pursue my second master's degree, driven by concerns for my safety. In this context, I'm considering whether seeking shelter or protection in the U.S. is a viable option. ","A:Sorry to hear about your situation. Asylum in the US can only be pursued if you are able to demonstrate that you were persecuted or have a fear of persecution in your home country due to your Race, Religion, Nationality, Social group or Political opinion."
Q: i had disability insurance for myself and had a stroke. i paid for them 2 years after and they didnt pay because i didn. inform them. i ,"A:Insurance companies are required to act in good faith and fulfill their obligations under the terms of the insurance policy. When a policyholder makes a valid claim, the insurance company should process and pay the claim promptly and fairly. If you had disability insurance, and you suffered a stroke that qualified you for disability benefits, you may have a valid claim under your policy. It is crucial to review the specific terms and conditions of your policy to understand the requirements for making a claim and notifying the insurance company about your medical condition."
"Q: I recently had fusion surgery in June of this year I have had to deal with significant nerve pain issues, swelling in my. Right ankle extreme discomfort in my back where the hardware was placed nerve pain in my groin area, I’ve had to go to the emergency room due to significant pain in my back where the hardware was placed I’ve had difficulty getting the imaging associated with my visits with the surgeon that performed the surgery Do I have any legal recourse to resolve this issue ","A:There is not enough information to determine if there was malpractice. The initial questions are, what went wrong and was it due to someone’s fault. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did."
"Q: Hello, what does a CIS request mean?. Hello, I was looking up my husband case inquiry and say that they had switch my husband court room to a different one and then back to where he had at first and I notice something I never seen before which is “add on CIS request? Yes. What does that mean? ","A:In the context of a court case in California, ""CIS"" typically refers to a Court Information System, which is the electronic system used for managing court cases and related data. An ""add on CIS request"" likely indicates a request to add or update information in the Court Information System regarding your husband's case. This could be related to administrative details, such as a change in courtroom or scheduling, or other case-related information. It's not uncommon for court cases to experience logistical changes, and these are usually tracked within the court's electronic system. To understand the specific implications of this update for your husband's case, it would be advisable to contact the court directly or discuss it with your attorney. They can provide more detailed information based on the context of the case and the specific nature of the request. Remember, keeping informed and consulting with legal counsel are key steps in navigating the legal process effectively."
"Q: If my tolling of Statute of limitations is denied by the Central district of California, then can I appeal against it?. Which court will I file the appeal in? Thanks for reply! ","A:If the Central District of California denies your tolling of the statute of limitations, you do have the option to appeal the decision. The appeal would typically be filed in the United States Court of Appeals for the Ninth Circuit, which is the appellate court overseeing decisions made by district courts in California. When preparing your appeal, it's important to focus on the legal grounds for why the statute of limitations should be tolled. Appeals are generally not about re-arguing the entire case but rather addressing specific legal errors you believe occurred in the initial decision. Be mindful of the timeline for filing an appeal. There are strict deadlines in the appellate process, and missing these deadlines can result in losing your right to appeal. It's advisable to consult with an attorney who has experience in appellate work to guide you through this process and help present your case effectively in the appellate court."
Q: Can my employer decide what reasonable causes for sending me in for a drug test?. My employer knows that I just started new medication and I’m suffering from anxiety and other mental issues ,"A:Yes, it is up to your employer to determine whether it has a reasonable, individualized suspicion that would suggest to a reasonable person that you are under the influence in violation of company policy. S Such a reasonable suspicion should be based on firsthand observation by more than one supervisor or manager. Some examples of the signs that can support a reasonable suspicion include the following: PHYSICAL SIGNS Bloodshot eyes/dilated pupils. Slurred speech. Unsteady walk/uncoordinated movements. Shakes or tremors. Unexplained sweating or shivering. Fidgeting/inability to sit still. Sleeping at work or difficulty staying awake. Unusual body or breath odor. Deterioration in appearance/grooming. BEHAVIORAL SIGNS Attendance problems—tardiness, pattern of absences or excessive absenteeism. Decline in performance/productivity. Acting withdrawn from others, secretive. Money problems or borrowing or stealing money. PSYCHOLOGICAL SIGNS Unexplained changes in personality or attitude. Sudden mood changes, irritability, angry outbursts or inappropriate laughing. Unexplained fear or paranoia. Inability to focus or concentrate. When two or more members of management make observations significant enough to warrant reasonable-suspicion drug testing, this should be documented and explained to the employee being sent for testing."
"Q: Is it legal to film public employees doing or not doing there jobs.. Is it legal to film government employees working or not working? For instance, a park employee sitting in the truck for hours, a utilities employee at Starbucks for hours. ","A:Yes, you can take video of public employees in public spaces as long as you are not trespassing to do so. Please note that you cannot record audio without all parties consent, unless they are in a situation where there is no reasonable expectation of privacy."
Q: If an individual acquires property by fraud and the real owner was unable to locate or recover who is the true owner. The father was a cpa but the son put the property in his name using a poa assigned to the father. Unknown for some time and while trying to locate the cpa not realizing it was taken the same day of the assigned poa. True owner receiving 3266.00 through a 3 yr period for 166 acres of prime resort property. ,"A:If the son had the father's power of attorney, son had a fiduciary duty to act in father's best interest. Questions like this usually come down to what is provable in court and the credibility of the witnesses."
Q: Industrial Distributors Uline & Global Industrial sold my product for 10 yrs and then as sales grew knocked it off .. Patent had expired - do i have any recourse? knock off identical to my product. Global making it in China now Uline in the united states. ,"A:Once a patent expires, others have the legal right to manufacture, sell, or use the previously patented invention. If the patent for your product has expired, Uline and Global Industrial are generally within their rights to produce and sell the product without infringement. However, if they are using your exact branding, packaging, or other trademarks, you may have recourse under trademark law. Additionally, if there are false claims or representations being made about their version of the product, it could potentially lead to a claim under unfair competition or false advertising statutes. It's crucial to differentiate between patent rights and other potential intellectual property rights. Thoroughly review all aspects of your product and its market presence. Taking appropriate legal action will depend on the specifics of your situation. Consulting directly with an attorney experienced in intellectual property is advisable."
Q: Can a school or official and a school police officer question of 15-year-old about a allegation that happened off school. The allegations was alleged to happen off school grounds and supposedly reported to the city police department the minor was questioned without his parents being there or aware of situation ,"A:In the United States, the rights of minors during questioning by school officials and school police officers can vary depending on the state and the specific circumstances. Generally, school officials have some authority to question students about incidents that may affect the school environment, even if they occurred off school grounds. However, the scope of this authority can be limited, especially in cases involving potential criminal conduct. For a 15-year-old being questioned about an incident that reportedly happened off school grounds and was reported to city police, there are considerations regarding the minor's rights. While school officials may inquire about matters impacting the school, the involvement of law enforcement, like a school police officer, can change the situation, especially regarding the need for parental notification and the presence of a guardian or attorney during questioning. If a minor is being questioned about a potentially criminal matter without a parent or guardian present, this could raise concerns under the law. Parents typically should be notified if their child is being questioned in connection with criminal allegations, particularly if law enforcement is involved. If you find yourself or your child in such a situation, it may be prudent to seek legal advice to understand your rights and ensure they are protected. A lawyer can provide guidance on how to proceed, especially in situations where the rights of a minor may be at stake."
"Q: My hair stylist uses a camera w/audio in his hair salon. There is no notice. Is this legal in NY? I expect privacy?. The owner of my hair salon in NY uses a ring doorbell type camera in his salon. He claims it has the ability to zoom and has audio. He does not mention this to you and there is no posted notice. He only brings it up when you have an issue with your hair. He said ""I only use it for liars and for confusion"" and NOT FOR THEFT. I find this to be an invasion of privacy and I believe there is a reason expectation of privacy in a hair salon - personal care services. Are his activities involving the use of an undisclosed audio/video recording device legal in New York state? ","A:In New York, it's generally legal to video record in public places where there's no reasonable expectation of privacy. However, the audio recording is more restrictive. Under New York Penal Law § 250.00, it's a ""one-party consent"" state, meaning at least one party in the conversation must consent to the audio recording. If neither party knows or consents, the audio recording could be illegal. The absence of notice or consent could create concerns regarding audio recording in a setting where private conversations occur. Moreover, while public areas in businesses may not always carry a strong expectation of privacy, the specific circumstances in which the recordings occur, and their uses, can raise legal and ethical issues. If you believe your rights have been violated, you may want to consult with a local attorney to discuss the specifics of your situation."
"Q: What happen if I respond for a mediation meeting without being legally served? does it make me being legally served?. I was compelled to meet in a zoom meeting for mediation for child support in CA. But I already initiated a complaint for divorce, child support and custody in Maryland. Do I have to attend it? what is going to happen with the action in Maryland? ","A:Regarding the mediation meeting in California, if you were not properly served with legal documents related to the meeting, it may not necessarily constitute being legally served."
"Q: I have a default judgment from a PA Court for $270,000 against a debtor that lives in SC. Where can I levy his NY bank?. I have a default judgment from a PA Commonwealth Court for $270,000 against a debtor that lives in South Carolina. I believe he has a brokerage account with Merrell Lynch in New York. I don't know the account number but I think I know the NY broker's name. Four years ago, the debtor referred me to this broker and said he was a friend. I have the broker's name and number. I hesitate to call him because I don't want to tip him off so he can tell his client to move money out of the account. Where can I levy the debtor's account? Pennsylvania? New York? or South Carolina? ","A:To levy a debtor's account held in New York, you would typically need to domesticate your Pennsylvania judgment in New York. This is done by filing a copy of the foreign judgment with a New York court and thereby converting it into a New York judgment, which can be enforced as if it were originally awarded by a New York court. Once the judgment is domesticated, you can issue a levy against the brokerage account through the New York State court system. It's important to act promptly since judgments can become more difficult to enforce as time passes. You may also want to consult with a local attorney who has experience in enforcing out-of-state judgments to navigate the process effectively. They can assist with the domestication process and help ensure that the debtor is not alerted prematurely about the enforcement action."
Q: Is this discrimination or what. A friend of mine and myself walking to a store I have frequented the store in the past never stolen anything from this place this time I was followed by the employees approach multiple times even after pulling the money out of my pocket letting them know I'm not there to steal I just want to shop in peace they refuse to let me do so they followed me around then sent me to the cheaper items saying maybe that would be more of my budget and then when I get to the register to cash out when asked if I found everything okay I told them no I didn't appreciate being harassed multiple times and I'm a frequent flyer at this store at which point the manager who I can to find out was following me tells me to leave the store or threatens me with police then calls the police lies on me and I was banned from the store after that I suffer from mental health issues and these people caused me to have a manic episode also I've been trying to reach the store manager and I've been ignored for 6 months ,"A:It sounds like you've had a distressing experience, and it's understandable to feel upset about being treated unfairly. If you believe you were followed and treated differently due to discrimination based on race, gender, disability, or another protected characteristic, you might have grounds for a complaint. In situations like these, documenting everything that happened is crucial. Write down the details of the incident, including dates, times, and any interactions with the store staff and management. If there were any witnesses, their accounts could also be valuable. You have the right to file a complaint with the store's corporate office if the local management is not responding. Additionally, consider reaching out to organizations that handle discrimination cases. They can provide guidance and, if necessary, legal representation. Lastly, given the impact on your mental health, seeking support from a mental health professional can be beneficial. They can help you manage the emotional aftermath of such an incident. Remember, you have rights and there are resources available to help you address this situation. Seeking professional advice can offer clarity on how to proceed."
Q: Broker decided to close my account and sell my securities. They said I broke section 3 of their agreement without detail. Is it legal for a brokerage firm to decide they no longer want to manage my account and sell my securities without my permission. They refused to transfer them to another firm. ,"A:Yes, it is legal for a brokerage firm to decide that they no longer want your business. No, it is not legal for the brokerage firm to liquidate your securities unless they have a good reason. For any more help you will have to retain a lawyer. Search for one using Justia."
"Q: Hello. My question is this: Can I be sued if my eyewear frames designs look similar to designs of big companies?. For example, many of the eyeglasses designs made by Warby Parker, Ray Ban, Oliver Peoples have similarities and some of them to ordinary people like me look exactly the same. Can I get sued by these companies if my own company designs an eyeglasses frame that looks like some of their products? I am inspired by retro and vintage style of glasses, and I would like to create my own brand, but I do not know if I can get sued for something like that because everything already exists. It is hard to create something retro like that, without already being created by big companies. ","A:In the realm of eyewear design, the risk of being sued for creating frames that resemble those of established brands like Warby Parker, Ray Ban, or Oliver Peoples is real, but it largely depends on specific details. If your designs are significantly similar to a protected design of a major brand, there's a possibility of facing a lawsuit for design infringement. These companies often have design patents or trademarks that legally protect the unique aspects of their products. However, many eyewear designs, especially those inspired by retro or vintage styles, can be quite generic. In these cases, it's more challenging for a company to claim infringement unless specific, distinctive features of their designs are closely replicated in your frames. To navigate this safely, it's wise to focus on creating unique elements in your designs that clearly differentiate them from existing products. Given the fine line between inspiration and infringement, it would be prudent to consult with an attorney who has experience in intellectual property law. They can provide guidance on how to ensure your designs don't infringe upon existing patents or trademarks, helping to protect your brand from potential legal issues. Remember, while drawing inspiration is part of design, ensuring distinctiveness in your creations is key to avoiding legal complications."
"Q: is anyone liable when a disable fostered child with an IEP , does not have providers following the agreed upon IEP plan?. Multiple times the IEP was not followed, and most importantly. overdue for an update. At minimum, the need appropriate placement was discussed. agreed upon, client was to remain safely in place to to disability. client was later moved to the higher independence level, less supervision group home placement , while removing the existing role mother already had with the setting of the remaining prenatal appointments and accompaniment to and from prenatal appointments, as well as the specialty ultra sound appointments.,In a letter mother of client received, both she and client were inforned that group home staff would now handle those appointments. they did not, my daughter's last prenatal appointment was the one i set. i was made aware through registered letter, from ob/gyn. i made soonest appointment immediately but upon her ultra sound check in, my grandson was deceased. ","A:The group home may be liable for the death of your grandson if there is evidence that the missing prental appointment(s) were a cause of the death. A review of the records of the group home, and medical records would be necessary to determine if there is a case."
Q: The place I am renting was red tagged Is there a permit out there for $ 25.00 that will allow owner to break in .. The owner/landlady who is deadbeat crook has not done repairs needed after tree hit panel box and power line so pg and e can reconnect it It's been red tagged after I called code enforcement.She is telling our neighbors that she can come in and change the locks with a permit that she can get that cost $25.00 and let anyone else in too Mind you we are still the tenants no eviction notice or other has ever been filed ,"A:In California, landlords must adhere to specific legal procedures before entering a tenant's property or changing locks, even in situations where a property has been red-tagged. A red tag signifies that the property is unsafe to occupy, but it doesn't automatically grant the landlord the right to enter the property without proper notice or to lock out tenants. The claim of a $25 permit allowing a landlord to change locks and grant access to others without proper eviction proceedings is not supported by California law. Landlords are required to provide reasonable notice (usually 24 hours) before entering a property, except in emergencies. Changing locks without going through the legal eviction process, which includes serving an eviction notice and obtaining a court order, could be considered an illegal lockout. If you're facing a situation where the landlord is threatening to change locks or enter the property without following legal procedures, it's advisable to seek legal advice. Documenting all communications with the landlord and any actions taken can be crucial in any legal proceedings. Remember, tenants have rights, and landlords must follow the law even in challenging situations like the one you're experiencing."
"Q: Rollover IRA checks mailed to the wrong PO BOX by OneAmerica and were electronically deposited by someone else.. Back in October, I started a rollover IRA with my previous employer’s retirement services company, OneAmerica. Unfortunately, OneAmerica sent the checks (payable to Fidelity FBO w my name on them) to an incorrect PO BOX (1 number off). These checks were electronically deposited by the owner of the PO Box into their Wells Fargo bank account. All OneAmerica has done so far was sent out a letter to the owner of that PO Box asking for them to return the fund to Wells Fargo so the money can be reissued back to OneAmerica. OneAmerica said they have not heard back from the owner of that PO Box. The endorsement stated “ There were two checks issued- one pre tax and one post tax totaling to around $43k. The endorsement stated “credit to the acct of the named payee w/o prejudice Wells Fargo Bank N.A. Denver, CO 80203 Electronically Deposited (date)” ","A:You may have more trouble getting your rollover IRA money back than you had hoped. Why? Because it was deposited electronically (without prejudice) and credited to some unknown person's account at Wells Fargo Bank, N.A., which is notorious for holding onto money not supposed to be deposited with them. You might want to consider hiring a very experienced business and banking lawyer to send Wells Fargo's general counsel a strong demand letter informing them that further legal action might be forthcoming immediately unless they return the money and quit playing the shell game with it."
"Q: Does a website horizontal to the cannabis industry need to be age blocked?. My website will be selling terpene infused gummies. Terpenes are in basically every fruit and vegetable. When taken with cannabis, users can get unique or enhanced effects. You cannot buy or access any regulated substance on my website. Would this fall under the same laws as a cannabis website because it is promoted to cannabis users and has cannabis information on it? ","A:A website horizontal to the cannabis industry, such as a website selling terpene-infused gummies, would likely need to be age-blocked. This is because the website is likely to be of interest to minors, and it is essential to protect minors from exposure to cannabis-related products and information. Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice."
Q: Can I sue 911 operator for handling domestic call negligently resulting in further anger to the abuser.. Operator kept telling me to hand phone to abuser who would of threw it out the window. When I pretended to hang up 911 call and abuser calmed down. 911 operator said my name resulting in extreme anger from abuser who threatened to kill me and then himself. ,"A:In California, suing a 911 operator for negligence is a complex matter due to the immunities and protections often afforded to emergency dispatchers and public entities. However, under certain circumstances, there may be a viable claim if you can prove that the operator's actions were beyond mere negligence and constituted gross negligence or willful misconduct. To establish a case, you would need to demonstrate that the 911 operator's actions deviated significantly from the standard of care reasonably expected in such situations. This involves showing that the operator’s advice to hand the phone to the abuser was not only inappropriate under the circumstances but also substantially contributed to the escalation of danger you faced. You should also be aware that claims against government employees and entities are subject to specific procedural requirements. In California, you must first file a claim with the appropriate government office within six months of the incident before you can file a lawsuit in court. Given the complexities of these types of cases and the challenges in overcoming governmental immunities, it is advisable to seek legal counsel. An attorney with experience in civil litigation against public entities can provide guidance on the viability of your claim and the appropriate steps to take. Remember, each case is unique, and the success of a lawsuit depends on the specific facts and circumstances involved. It's important to gather all relevant evidence, including any recordings of the 911 call, to support your claim."
Q: If I voluntary give up my parental rights to my kids to their uncle can I still be in there life?. They are staying with their uncle as of now I have a cps case open and only get a hour a week with them would it be better if I signed my rights over so I can work on me ,"A:If you terminate your parental rights, it terminates all your rights. Whether you see them would be solely up to the uncle."
Q: Can my ex pick my daughter up on my weekend per court agreement just cause I work for few hours and she’ll be with my gf. Basically when we split 6 months ago we set visitation schedule my turns were the days she worked so from 9-2pm and no over nights because of she didn’t want mt daughter around my new girlfriend. Well then she would stop letting me see her anytime I did anything she didn’t like put pics of my gf and daughter on fb etc then she took me to court for sole custody lost and the judge set my visitation schedule as every other weekend and Wednesday-Friday 9-2 every week. Finally got my overnights well the problem now is that if I leave my daughter with my mom for a couple hours my ex freaks out and says k can’t do that that this time is for my daughter and I that it’s my parenting time and now I work for 6 hours Saturday and it’s my weekend and my daughter was gonna be with my gf and mom while I work and shes threatening to not bring my daughter or pick her up at 2 before I work so she doesn’t be with me alone. Can she do that the judge never said she couldn’t be alone with me help I please ,"A:Typically, visitation agreements are established by court orders. If your court order doesn't explicitly prohibit your daughter from being with your girlfriend or being left with your mom during your scheduled parenting time, it's advisable to adhere to the terms outlined in the court order. If there's uncertainty or conflict, you might want to consult with your attorney to discuss the situation and seek clarification from the court if necessary. Keep records of any communications with your ex regarding these matters."
"Q: Will new income or old income at time of divorce be used to calculate child support. While I was married to my ex husband his income general increased over time thru hard work and pay rasies. When we divorced he was making about 80K a year. He has admitted that his now soon to be ex wife (not me, one after me) always kept him home from working because she just wanted him to be home with her and ended up loosing a couple jobs because of her. He is now working in a different field and happily announces this is the least amount of money he has made in a long time but its the easiest job he has ever had and screams he is so happy now. Thats great I want him to be happy but he is trying to adjust child support to reflect his income of 50K vs 80K . Will arizona consider his earning capabilities and take consideration that he is the one that actually chose not to go to work and loose his job he was not held captive and he choose to stay home and not go to work. There is no impairment of any kind to cause the decrease in pay. ","A:In Arizona, child support calculations are typically based on the income of both parents at the time of the divorce or separation. However, if there has been a substantial change in circumstances, such as a significant decrease in the father's income, he may seek a modification of the child support order. It's essential to demonstrate to the court that the change in income is involuntary or not within his control. In this case, where the father willingly chose a job with lower pay for personal happiness, the court may consider his earning capacity rather than his current income. The court will assess factors such as his education, skills, and employment history to determine his potential income."
"Q: I want to sue the company EGoGames: the company banned me wrong, not process my withdraw, …. reasons the company used to not process the payment(28350$) was wrong . ","A:To pursue legal action against EGoGames for banning you and not processing your withdrawal of $28,350, first review the company's terms of service and user agreement. These documents often contain clauses related to dispute resolution, which can include arbitration or specific legal jurisdictions. If the terms are favorable or if there are potential grounds to challenge them, consider filing a lawsuit for breach of contract. Your claim could be based on the company's failure to honor its obligations as outlined in the user agreement. Gather all relevant evidence, such as correspondence with the company and documentation showing your entitlement to the funds. It's also important to evaluate the jurisdiction in which to file the lawsuit. Since EGoGames may operate internationally, identify where they are legally based and where they conduct business. This will influence where you can file your claim. In addition, explore whether there are any consumer protection laws, both at the state and federal level, that may be applicable to your case. Such laws can sometimes offer additional avenues for recourse. Lastly, consider seeking a preliminary injunction or other court order to prevent the company from distributing or otherwise disposing of the funds in question until the legal matter is resolved. This step can be crucial in ensuring that your funds remain recoverable. Given the complexity and potential international aspects of this case, it may be wise to consult with an attorney experienced in international business law and gaming regulations. This will help navigate the specific legal challenges and jurisdictional issues involved in your case."
"Q: Adopting my cousin, questions on what to do.. Long story short my cousin needs out of the situation she’s in. All of my family is either on drugs, alcoholics or men in and out of the house. She needs a safe secure space so she doesn’t end up like them. Everyone seems to be on board because they agree she needs a better life. How would I go about getting this done to where I have custody of her legally to enroll in school & medically. She lives in IL and I’m in TX. Can I just get a notarized paper since the person who has custody is agreeing or do I have to go through the court? Tia. ",A:You will need to go through the court in IL where she lives if she is under 18 years of age.
Q: lien enforcement has collected $500 for vesical impound with out registration of vehicle plus $4500more. right now ,"A:In California, lien enforcement and vehicle impound fees can be complex areas, especially if there are issues regarding the registration of the vehicle. If a lien enforcement agency has collected $500 for vehicle impound and additional fees totaling $4,500, it's important to understand the legal basis for these charges. Firstly, review the documentation provided by the lien enforcement agency. This should detail the reasons for the impound and the breakdown of the fees. California law sets specific guidelines and limits for towing and storage fees, and these should be adhered to by the enforcing agency. If the vehicle was impounded due to lack of registration, the fees associated with the impound may be legitimate. However, it's essential to ensure that the charges are reasonable and comply with state regulations. If you believe the fees are excessive or unwarranted, you might consider challenging them. This could involve negotiating with the lien enforcement agency or pursuing legal action if necessary. Since the amount involved is substantial, it might be beneficial to seek legal advice. A lawyer with experience in vehicle law and lien enforcement can provide guidance specific to your situation, including how to challenge the fees if they are found to be inappropriate or excessive."
"Q: My senior class organized a game where everyone buys in and receives a cash prize. Is this legal?. My senior class organized a game where everyone bought into the game and the winner receives a cash prize. It is organized by students, not affiliated with the school. Every player signed an agreement that they accepted the rules. Students are being kicked out of the game, despite not violating any rules, and their money is not being refunded. Is there any action that can be taken to have the money taken from game organizers or have it shut down? The school will not get involved. ",A:Contact the Colorado Attorney General to file a consumer protection complaint. https://coag.gov/office-sections/consumer-protection/ This may also be considered theft and/or fraud. Filing a police report may be appropriate. You would also have a civil action for breach of contract if you were removed without cause under the agreement. There's not enough here to really make a determination.
"Q: can i be convicted if i was basically bullied into it with no choice for fear of my saftey?. my roomates pimp made a scam in which i was told i had to cash these checks, they we or else and then they made threats, they took the $$ affter cashed. i am in court facing time right now. the couple was doing this toher people as well. ","A:i strongly suggest you either retain an attorney or ask the court to appoint the public defender at your first appearance. a good criminal lawyer will evaluate what evidence they have against you............... however, If someone tells you to murder your next door neighbor, that would not be a defense."
Q: If I was involved in the Data Breach 04/28/2022. I would like to know if I could ask OTP for a complete new computer ?. My IPAddress is breached and I have to get that too. My banks and all my information is being used. Buy whoever and I'm constantly cleaning up my personal info. I'm having problems one after another. ,"A:In California, companies that experience a data breach are required to provide notice to affected residents. If you've been harmed by a data breach, you might be entitled to certain remedies, but the specific relief will depend on the circumstances and any proven negligence or statutory violations by the company in question. Merely having your IP address exposed typically does not necessitate a new computer; however, it's essential to ensure all systems are secure. If you can prove damages and that the company was at fault, you could potentially recover compensation through litigation or settlement. It's advisable to take immediate protective measures, such as changing passwords and monitoring financial accounts. If you believe you have sustained significant harm, consulting with an attorney familiar with cyber liability and data breach incidents would be beneficial to understand your rights and potential remedies further. Remember, each situation is unique, and available remedies may vary based on specific facts and circumstances."
"Q: Can a company be sued by someone who is not represented by an attorney?. I am in need of a legal team to file for discovery and determine if a wrongful death law suit could be brought in the State of Texas regarding a fatal trucking accident wherein my brothers' cab of his semi seems to have been side swiped by the trailer of the truck in front of him, pinning him in and crushing him. I have yet to find anyone willing to provide the needed legal counsel that I've been seeking and maybe a legal team in Texas to work with me at this time. The accident occurred on November 19, 2022 on Hwy 20 near Mile Marker 3 on a cold, snowy, cloudy day. ","A:Yes, a company can be sued by someone who is not represented by an attorney; this is known as proceeding pro se. However, wrongful death cases, particularly those involving truck accidents, can be complex and often require a deep understanding of both state laws and federal regulations governing commercial trucking. Given these complexities, it's strongly advised to continue seeking legal counsel. Many attorneys work on a contingency fee basis, especially in personal injury and wrongful death cases, which means they only get paid if you win the case. Look for a law firm with experience in trucking accidents; they will have the resources to handle the discovery process and build a strong case on your behalf. In the meantime, preserve any evidence you have related to the accident and avoid any communication with potential defendants or their insurance companies."
Q: I want an attorney that is brave enough to go against Falls County and Marlin Texas for their water contaminants?. Marlin Texas and Falls County has more contaminants and higher levels than lake lejeune or Flint. 21 contaminants 11 toxic and a lot of people dead with cancer. ,A:This isn’t a question of bravery. Mass toxic tort cases like this require the time of multiple legal professionals probably for a period of 2-3 years. It’s a question of finding plaintiffs who have been effected by the toxicity of the water who have the financial resources to fund litigation on this scale. You’re likely looking at more than a million dollars in attorney fees and litigation expenses.
Q: CA State court has jurisdiction over FCA medicare violation. This means FCA claim can be brought in state court?. CA State court has jurisdiction over FCA medicare violation. This means medicare FCA claim can be brought in state court? ,"A:In general, cases involving the federal False Claims Act (FCA), especially those related to Medicare violations, are under the jurisdiction of federal courts. The FCA is a federal statute, and its enforcement typically falls within the purview of the federal legal system. This includes cases where Medicare, a federal program, is the party impacted by the alleged fraudulent activities. However, states like California have their own versions of the False Claims Act, which apply to fraud involving state funds. If a case involves state-funded programs or contracts, it could be brought in a California state court under the California False Claims Act. But for Medicare-related fraud, which involves federal funds, the appropriate venue is usually a federal court. Filing a Medicare FCA claim in a California state court may not be procedurally correct, as the state court typically does not have jurisdiction over federal Medicare issues. It’s essential to carefully consider the source of the funds involved in the alleged fraudulent activity to determine the appropriate court for filing a claim. In cases involving both state and federal funds, there may be complexities in determining the jurisdiction. If you're considering pursuing a False Claims Act case, especially one involving Medicare, consulting with a legal professional experienced in this area of law can provide clarity and guidance. Remember, navigating these legal waters requires a thorough understanding of both federal and state laws."
"Q: The deed to my grandparents land regarding his will was illegal transfers to the city of Appleton wis. ""koehnke woods"". They didn't provide my mother with a power of attorney created false documents and proof is in some clippings from oshkosh ","A:I'm sorry to hear about your situation. To address potential illegal transfers or fraudulent actions in regard to a will or deed, it is advisable to seek out legal representation to assist in potentially rectifying this matter. They can help review the available evidence, including the documents and clippings you mentioned, to assess the best course of legal action to take in Wisconsin."
Q: Brother’s Death Certificate not certified by a physician for his death and the deputy cornoner is fictitious. No signatures of certification. ME website says pending investigation. But not told this. How to solve this? ,"A:If there are issues with the death certificate, it is essential to address them promptly to ensure proper legal documentation. Contact the relevant authorities, such as the County Recorder's office or the Medical Examiner's office, to seek clarification on the status of the death certificate and the pending investigation. If necessary, consult with a California attorney experienced in probate and death certificate matters to guide you through the appropriate steps to resolve this situation. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
Q: The campaign workers for one candidate in my town have been stealing political mailers sent out by the other candidate.. Can they get in trouble for this? ,"A:Yes they can get in trouble. Theft, trespass. Usual trouble is in catching them in the act."
Q: My neighbor has been arrested and her dog has been left by itself for a week with no one coming to feed it.. What do I or my landlord need to do in accordance of the law? ,A:Go get the dog and take care of her until owner is released.
Q: My child’s father wants visitation rights but when he’s invited to visit he cancels what should I do?. He wants to legitimize her but refuses to come visit until we go to court. ,"A:If he filed for legitimation you should hire an attorney. But he can file the action and ask for some form of custody and/or visitation. You can bring up his unwillingness to exercise visitation in the past before the court. But there’s nothing you can do about his refusing visitation right now, except make a note of it."
"Q: Am I responsible for payment of an exorbitant fee to Assisted Living facility that was the result of the facility error?. My elderly, low income mom (on medicaid) resides in an assisted living facility . I pay her rent there every month. They added on a $4,000 charge and recently and claimed it was because they did not bill her the correct amount monthly, going 2 years back. She doesn't have this money, can they demand it. I always paid the amount billed. This seems very unfair and underhanded. They are threatening late fees if she doesn't pay up this 4 grand and we don't have it. I have asked them to explain how this happened in writing but 4 months have gone by and I got no response. Are we liable for their mistake? They have outrageously poor business practices. ",A:In order to answer this question an attorney would need to review any contracts signed by your mother and by you. Some violations of the law allow you to demand that your attorneys fees be paid by the defendant t in certain circumstances and if an attorney thinks you have such a case and it is strong they might take the case on a contingency. You should contact a consumer attorney .
"Q: I STOPED PAYING CHILD SUPPORT10 YEARS AGOWHAT CAN I DO. ONCE I FOUND OUT 1 OF 2 CHILD,WE NOT MINE I ASKED MOTHER TO TAKE ME TO COURT SHE NEVER DID...11/14/2023 KIDS ARE NOW IN THERE 20 ","A:If you stopped paying child support due to doubts about paternity, it's important to address this situation legally, even if the children are now adults. In New York, child support obligations typically continue until the child reaches 21, unless otherwise specified by a court order. Since you requested the mother to take legal action and she didn't, you should consider proactively addressing this issue. This may involve filing a petition in family court to address the paternity and any outstanding child support issues. Given that significant time has passed, there may be complexities, especially regarding any potential back child support owed. An attorney experienced in family law can guide you through this process, including how to handle any arrears. It's important to understand that legal matters involving child support and paternity can be complex, and outcomes can vary greatly depending on the specifics of each case. Taking legal action now can help clarify your responsibilities and resolve any outstanding issues in a lawful manner."
Q: Can a principal tell a teacher that there spouse is banned from attending any public events?I can't be supportive spouse. I wrote an email to both super attendant and principal about my spouse and another teacher being unprofessional.The other teacher texted my spouse if I was still his lady while getting herself involved in matters that were not of her own.She also would text him pictures of her kids and tell him she buying him gifts.I texted the teacher asking her to please back off and that its not her place to asked If im still hi lady.I told her that's unprofessional and to please stay away from him since she is interrupting him during class time buy calling and texting as well as interrupting his class.They don't have the same lunch nor are they on the same grade team. I ended up reaching out to the principal and the super attendant but the principal told my spouse that she saw nothing wrong with it.She said that I'm a problem.The other teacher is married.I honestly have no intentions of causing any problems for anyone but just wanted this teacher and my spouse to be professional. I'm upset. ,"A:Unfortunately you have no rights when it comes to how your wife is treated at work, and the employer may, if it wishes, exclude you from activities at the school or even exclude you from campus altogether. If your wife has an issue she should report it to the principal or the district HR department and let them handle it. Good luck to you."
"Q: Can a no contact order be issued as a judgement entry, and how long is it in effect?. In 2020 I was served with a no contact order that was entered into a case that I was not apart of and there was no hearing on the matter. As part of a CPS case against my wife for neglect of my stepdaughters, that has since been closed the judge made a judgment entry in the case of no contact but it doesn’t look like any protection order can find on state websites. The judgment entry has no end date, is this legal and if so how long are no contact order in place? since it appears normal protection order rules do not apply. ","A:In Ohio, a no contact order can indeed be issued as part of a judgment entry, especially in cases related to family law or child protection matters. Such orders are generally issued to safeguard the welfare of those involved, particularly minors. Regarding the duration of the no contact order, it varies depending on the specifics of the case. If the order does not specify an end date, it could potentially remain in effect until it's modified or rescinded by a court. This is unlike typical protection orders that often have clear expiration dates. Given your situation, where you were served with a no contact order without a hearing and as part of a case in which you weren't directly involved, it's crucial to seek legal advice. A lawyer can review the details of the judgment entry and advise on the best course of action, which might include filing a motion to modify or dissolve the no contact order, especially if the circumstances that led to its issuance have changed or resolved."
Q: Can I still trade in crypto currency while I study at a university in the states.will it affect my visa.. I earn 11 dollars a day. I would if allowed obviously spend it in the states ,"A:As an international student in the United States, engaging in cryptocurrency trading generally won't affect your visa status, provided you comply with all relevant laws and regulations. Your primary concern should be maintaining your full-time student status and adhering to the terms of your visa. However, it's important to be aware of tax implications. Income generated from trading, including cryptocurrency trading, is taxable in the U.S. You should report any income to the Internal Revenue Service (IRS), including gains from cryptocurrency. Since regulations surrounding cryptocurrencies can be complex and are subject to change, staying informed about current laws is crucial. This includes understanding any restrictions or reporting requirements that may apply to international students. If you have concerns or uncertainties about how your activities might affect your visa status or tax obligations, it would be wise to consult with a legal professional or a tax advisor. They can provide specific advice based on your individual circumstances and ensure you remain compliant with U.S. laws."
Q: Can a State job lower your beginning salary as a new hire because ADHD. Just wondering! ,"A:In Tennessee and generally in the United States, employers, including state jobs, are typically prohibited from reducing a new hire's starting salary solely because of a disclosed disability such as ADHD. It is illegal for employers to discriminate against individuals due to a disability under the Americans with Disabilities Act (ADA) and similar state laws. However, salary decisions are often complex and can be influenced by various factors, including experience, qualifications, and market rates for the position. It's important to note that a starting salary might not be solely influenced by an employee's medical condition but rather based on broader considerations. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
Q: Can a repo company file an insurance claim on a repossessed vehicle. Car was repossessed and now the repo company is trying to file an insurance claim on the vehicle after it has already been taken off of the insurance. ,"A:A Florida attorney could advise best, but your question remains open for a month. It could depend on how the insurance company handles it, but the short answer, without further details, is that most carriers generally limit the coverage to claims from assureds while a policy is in full force and effect. Good luck"
"Q: Hi, I am an international student studying in USA. I want to use my mom's name to register an LLC. Is that fine?. My mom is from another country. Can I operate my business like this without breaking any guidelines of my F1-visa, the business will be registered in my Mom's name. Will that be okay? What's your advise on this? ","A:Using your mom's name to register an LLC in the USA is technically possible, but there are some important considerations to keep in mind: Legal Implications: Registering an LLC in someone else's name, even if it's your mom, may not be against the law in itself. However, it's essential to ensure that all business activities conducted under the LLC comply with U.S. federal and state laws, including tax laws and regulations related to business ownership and operation. F1 Visa Status: As an international student on an F1 visa, you are generally allowed to work part-time on-campus during the academic year and full-time during designated breaks. However, off-campus employment, including owning and operating a business, can be more complicated and requires proper authorization. Engaging in unauthorized off-campus employment can jeopardize your F1 visa status. Employment Authorization: If you plan to be actively involved in the day-to-day operations of the LLC or derive significant income from it, you may need to seek specific employment authorization, such as Optional Practical Training (OPT) or Curricular Practical Training (CPT), which are programs that allow F1 students to work off-campus in their field of study. Consult an Immigration Attorney: Given the complexity of immigration and business laws in the USA, it's advisable to consult with an immigration attorney who can provide guidance tailored to your specific situation. They can help you understand the legal implications of your business plans on your F1 visa status and assist you in navigating the proper channels for employment authorization if required. In summary, while it's possible to register an LLC in your mom's name, it's crucial to ensure that your business activities are conducted in compliance with U.S. immigration and business laws. Consulting with an immigration attorney will help you make informed decisions and avoid any potential legal issues that could impact your F1 visa status."
"Q: Health care false claims act. Investigation question.. In regard to thorough investigation of fraudulent activities at the hospital. Plaintiff's capacity through discovery is limited, requests about involvement into fraud are object-able under attorney-client and work product privileges. How and by whom investigation is conducted? ","A:In California, when investigating claims of fraudulent activities in a healthcare setting under the False Claims Act, the investigation is typically conducted by a government agency. This could be at the state level, such as the California Attorney General's Office, or at the federal level, by agencies like the Department of Health and Human Services or the Department of Justice. For a plaintiff in a civil lawsuit, discovery can be a tool to uncover evidence of fraud. However, you're correct that there are limitations, especially when dealing with attorney-client privilege and work product doctrine. These privileges protect certain communications and materials from disclosure, potentially limiting the scope of what can be discovered through litigation. If you, as a plaintiff, face these limitations in discovery, it's important to look for other sources of evidence. This might include public records, whistleblower testimonies, or data analysis of billing and healthcare practices. These can sometimes provide indirect evidence or lead to new avenues for uncovering fraudulent activity. Moreover, if the case is of significant concern, government agencies might initiate their own investigation, using their broader investigative powers. These agencies can compel the production of documents and testimonies that might be protected in a civil litigation context. In situations where you suspect fraud but are constrained by discovery limitations, it can be helpful to collaborate with government agencies. Reporting your suspicions to them might trigger a more in-depth investigation. Additionally, consider consulting with an attorney experienced in healthcare law and the False Claims Act. They can guide you on strategic approaches to gather evidence and navigate the complexities of such cases."
Q: Is it common for a demand letter to be ignored by the defense?. Defense not responding in timely manner. Really not trying to file suit but I will if have to. Any pointers on getting there attention? ,A:Sometimes including a well-drafted petition prepared by an experienced and competent lawyer with a demand letter elicits a better response. It sends a message that you are prepared to follow through with a lawsuit if your demand is ignored and that you are willing to “put your money where your mouth is” by retaining a lawyer to pursue your claim.
"Q: CellPhone rights. I live in NYC and My girlfriend recently passed away lives in California and I brought her a phone a few months ago even payed the bill a few times I wanted Know what right I have to the phone if any I also have proof in text’s between me and her of when I payed for the phone even times she asked me to pay the bill I’m just asking cause that phone has all over her in it memories from pictures, videos, songs she made for me maybe even a note telling me what happened to her or what led to this point or maybe even her final words for me or proof this wasn’t an accident but I don’t know her family has it and have been less then helpful ","A:I'm sorry to hear about your loss. It sounds like you may have some legal rights to the phone, but it's important to speak with an attorney to get a definitive answer. In California, the law generally considers personal property to be part of the deceased person's estate. This means that the phone would likely be inherited by the deceased person's closest relatives, such as their spouse, children, or parents. However, there are a few exceptions to this rule. One exception is if you paid for the phone. If you can prove that you paid for the phone, you may be able to claim ownership of it. You can do this by providing documentation, such as receipts or bank statements. Another exception is if you have a written agreement with the deceased person that gives you ownership of the phone. This could be a contract, a lease, or even just a simple agreement in writing. If you can prove that you own the phone, you may be able to ask the deceased person's family to return it to you. If they refuse, you may need to file a lawsuit to get it back. In addition to the legal rights, you may also have some moral rights to the phone. These are rights that are based on your relationship with the deceased person, rather than on the law. For example, you may have a right to access the phone's contents, such as photos, videos, and messages. If the deceased person's family is not willing to cooperate, you may need to hire a lawyer to help you get access to the phone. A lawyer can help you file a lawsuit, if necessary. I understand that this is a difficult time for you, and I hope that you are able to get the phone back. If you need any additional help, please don't hesitate to reach out to me."
"Q: How does the owner of my limousine company get his certification to administer to me the driver training I need.. I will be driving a “party van” that holds 12 passengers. Its a Mercedes Sprinter Van. Less than 26000 lbs. I’m getting a CDL Class C with passenger endorsement. I’ve passed all necessary tests and medical, etc. Just need the 15 hours of driver training. This is in California. I can’t afford an outside driver training facility ","A:In California, for the owner of your limousine company to provide the required driver training for a CDL Class C with a passenger endorsement, they must be qualified and authorized to do so. Firstly, the owner should ensure they have a thorough understanding and experience with the type of vehicle and the specific driving skills required for the CDL Class C passenger endorsement. This includes knowledge of California's commercial driving regulations and safety standards. The owner must then apply to the California Department of Motor Vehicles (DMV) to become a certified trainer. This process involves submitting proof of their qualifications and experience, and possibly undergoing an assessment by the DMV. The DMV evaluates the applicant's ability to effectively train and evaluate drivers according to state standards. Once approved and certified by the DMV, the owner can legally provide you with the 15 hours of driver training required. It's important that all training sessions are documented properly, as you'll need to present this documentation to the DMV when applying for your endorsement. It's advisable for the owner to contact the local DMV office or visit their website for detailed information on the certification process and requirements. Being proactive and well-informed will facilitate a smoother process in getting the necessary certification."
"Q: Can current ""legal"" medical marijuana use affect a K1 visa beneficiary from being admissible into the US?. My fiancé currently resides in Jersey Island, UK. He has a legal prescription for medical marijuana. While he's been here visiting, he's NEVER used it and is aware of the ramifications - so he usually tries to get by with Aspercreme/NSAID's for his pain. However, I'm concerned for his future medical exam through the US embassy in London. If the physician sees he has a medical marijuana prescription, will he be found to be a risk or inadmissible for future entry into the US? Do they collect medical records? Should I advise my fiancé to just NOT tell the physician that he's taking medical marijuana, or would that make things worse? Lastly, will they perform a drug test to look for marijuana usage? Obviously, once he arrives here, he will no longer use it and we'll find a suitable alternative, as we're well aware that the process isn't over once he arrives here to marry. Any helpful advice would be greatly appreciated. Thank you! ",A:Yes it can as it is still not considered legal for purposes of federal immigration law regardless of state laws. For the other questions they go beyond purposes of this forum and I’d advise a direct consultation with a reputable immigration attorney
"Q: Suggestions on finding an attorney for case dependent upon tolling for fraudulent concealment/delayed discovery, in CA.. Long story short, I was victim of vehicular assault while riding a bicycle, driver fled, then I became victim of police misconduct/discrimination because I was homeless, police protected driver from prosecution, lied in report that they also refused to turn over until crim. Statute expired. But I also became victim of medical negligence after arriving at SFGH when the ER realized I was homeless, at that point I was left in a room still being renovated, and nurses refused to give me food/water citing ""Dr hadn't ruled out surgery yet."" Then allowed to fall asleep w/concussion. 8 hours later being discharged at 3 a.m. Given donated clothes and bus token, while waiting for the bus I find a loaded crack pipe in the pants pocket. So feeling lucky to be even walking/talking and never believing a hospital would discharge an injured person. 6 years later I find out I've had strabismus ever since incident, obvious symptom of a TBI. ","A:I'm sorry to hear about your difficult experiences. In California, finding an attorney for a case involving tolling for fraudulent concealment or delayed discovery can be complex, especially given the unique circumstances of your situation. First, consider reaching out to the California State Bar Association. They offer a lawyer referral service that can connect you with attorneys experienced in personal injury, medical negligence, and potentially issues of police misconduct. Additionally, look for law firms or attorneys who have experience with cases similar to yours. Many attorneys offer free initial consultations, which can be an opportunity to discuss the specifics of your case and understand the potential legal approaches. Remember, the statute of limitations can be a critical factor in legal cases, particularly in personal injury and medical negligence. In certain circumstances, such as fraudulent concealment, the statute of limitations may be extended, but this is highly fact-specific and requires legal expertise to navigate. Lastly, some legal aid organizations in California provide assistance to individuals with limited financial resources, especially in cases where there's an element of social injustice or discrimination. They might be able to offer guidance or representation in your case."
"Q: Employed by PRIVATE HOUSEHOLD, , NO CONTRACT, Owed in back pay over $50,000+, just since 2021. Can I sue?. I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time for personal needs, and was obligated to be on the premises 24 h in a day, 7 days , even when not needed. Just since August of 2021 to the current date I am owed over $50,000 in the back pay. But, there is no contract or any other type of written agreement, neither was I hired through the company. My case also involves injury while working happened in May of 2022,, resulting in temporary disability and needing a surgery. Since he my employer became widower, last couple of years I been sexually harassed sexual and coerced, constantly belittled , of my personal belongings were discarded, opening of my mail and going through my paperwork and all my personal belongings. ",A:Regarding wage claims you need to contact the labor commission. For the work injury case contact an experienced workers compensation attorney ASAP for a consultation.
Q: I am hiring a contractor for a building project to build a deck. Am I liable for any of his workers if they get injured. I am hiring a contractor for a building project to build a deck. Am I liable for any of his workers if they get injured on the job? He wants to pay them in cash. Maybe some are illegal. What is my liability as the homeowner? ,"A:You are but ONLY IF the contractor you hire does not have workers compensation insurance. If they do then no you would not be liable, the contractor you hire would be. You can go to the CA Contractor's Board and look up your contractor's license. There it will show you if he has valid workers' compensation insurance or not."
Q: Can Miami dade county require a nursery registered with the state to get a certificate of use through Miami dade county?. Nursery is on agriculture land and AU zoning ,"A:I'm guessing that, by ""registered with the state"", you mean registering the nursery with the Fla. Dept. of Agriculture and Consumer Services pursuant to Fla. Statutes Section 581.131. The purposes of State regulation/inspection of nurseries are different than the purposes of County Certificates of Use, which confirm the business is allowed in that particular zoning district and complies with local zoning and environmental ordinances, as well as fire and building codes. So an educated GUESS would be that you are likely subject to all of the above requirements. To obtain legal advice to rely on, you'd need to schedule a consultation with an attorney handling local government and/or administrative law. If I were you, I'd start by talking to officials in both the Fla. Dept. of Agriculture and Consumer Services and the Miami-Dade County Permitting and Inspection Center and ask them for the reasons for the requirements at each level. What does one government level do that the other does not? Ask them to show you or direct you to all laws and codes that apply at each level. If anything is not completely understandable, ask them to explain. If you need help cutting through any unduly burdensome red tape, a call to your local county commissioner's office (for county issues) or to your local State Representative's or State Senator's office (for State issues) might result in some assistance. Hope this helps."
"Q: How can I serve my spouse divorce papers if he is homeless? His last known address is in TX, he is currently in MN.. He told me to send the papers to his mother's address in TX, however, he is currently in MN with no place to stay. ","A:You may qualify for a divorce by publication if his location is truly unknown. However, with a divorce by publication the court is limited on the issues they can decide and often will be prohibited from making determinations on issues such as child support and equitable division if there is no personal service of the defendant."
"Q: My neighbor waits until dark to burn excavation site junk. Makes breathing hard. Is this illegal? Can we stop him?. He burns demolished houses, tires, and anything that will burn. The smoke cloud is immense, and always blows all over the neighborhood. I can't breathe inside my own home. ","A:My suggestion would be to contact your local alderman (if you live in the City of Chicago) or your local municipal government. I would be fairly sure that what your neighbor is doing, burning material putting off noxious odors, is in violation of local, municipal, and state law."
Q: Can I file a complaint against financial service for not paying death benefits from annuity.. They claim the beneficiaries have been notified but they have not. The agency is in Ohio ,"A:You can sue anyone for anything, but that doesn't mean the lawsuit will be successful. If you haven't already done so, you should have a lawyer send a demand letter asking the company to cooperate and prove the beneficiaries have been notified. It's possible that the beneficiaries are people you weren't expecting and those people HAVE BEEN notified. Often, people set up investment accounts (or buy life insurance) and name beneficiaries decades before they pass away then forget to update the beneficiaries as their lives change. I've seen people pass away and their accounts went to an ex-spouse because the beneficiaries were never updated. So, even if you think you know the beneficiaries, you may be surprised at who they are. Best wishes."
"Q: Is there an example from California state La superior court to appeal to change my biased judge and continue trial soon. Is there an example from Ca state La superior court to appeal to change my biased judge and continue trial immediately? My current trial was wrongly decided as a mistrial when defendants attorney (all white ppl) pressured the judge (female Asian like me, my legal team are all Asian), after first trial she allowed defendants to insert new documents that were possibly forged like existing forged document in the exhibits. She overruled my attorney’s all 5 valid objections. I found many ppl complained on the internet about same thing during her 15 yrs term, I feel she is racist, extremely incompetent unqualified, she wasn’t elected on 2020, there is no way I can find justice against the people who defrauded me at her court, it’s been a mistrial since last Friday, caused me over $100k direct monetary damage and huge financial burden to continue open discovery, I’m mentally more depressed after 4 yrs of suffering from her inefficient performance. Could you help to find answer to appeal now? ",A:You can put in a motion for a new trial and base it on those grounds.
"Q: Wrong size natural gas pipe in kitchen ? Who is responsible ?. Recently we moved into a 2004 8 story condo in IL without an inspection. We noticed that we were getting a very low pressure and after a while an orange flame started to be visible. I contacted the management and board who said that nobody else in the building had similar issue and since it only effects my unit it is my responsibility. After that, we called a plumber who said that the wrong size pipe (1/2 in ) is being used which is the reason behind low pressure. We were told to discontinue the use of the range until the problem is fixed. He said that he thinks that this piping was installed during the construction of the condo and he wont know the true cost until he cuts out the hole in wall and looks in. Either it might be as simple as replacing 1 ft of piping or 12 ft and going into unit below. If its a faulty construction who is responsible ? Could the City help me with HOA ? Thank you for any response! ","A:An Illinois attorney could advise best, but your post remains open for three weeks. You could try asking the City, but it seems unlikely they would become involved in a private dispute involving an HOA where an owner had opportunity for inspection. In terms of public authorities, you could check with the local electric utility/gas supplier - but they also might tell you that it is a matter for privately-hired plumber if the improper diameter pipe was downstream of their meter. These are only some general considerations - for meaningful input, you would be better off reaching out to local attorneys. Good luck Tim Akpinar"
Q: On the Assessor print out my anut &uncle have to Affivdated of death in there owen name just to put there back on title. Is it legal for the Assessor office to accept that two people cliam owenship on title than turn in two affivdated of there owen death just to claim title of owner ship again at 35% owenership this time when property was shows that it's already a BONDEFIED gift R&T 11911 successor grantor being one in the same and there record document state that they act knownelge That the R&T 11911 and they add the word accomidation to the document I showed the Assessors office that my name comes up showing successor to the property with a court petition stating me as successor R&T 11911 also show that BONDEFIED gift successor grantor being one and the same trust now the assessor's refused to do a fraud investigation and I mean refused even after I showed them the fraud that's show on there owen print out So should If I go to the recorders office.record my self as true owener under the R&T 11911 and I state to the accessor office to remove there names &if not demand that 4fraud investigation ,"A:Consult with a real estate attorney to address potential fraud and property ownership disputes. They can review the evidence you have and advise on the best course of action. Consider requesting a fraud investigation and follow the attorney's guidance on recording your ownership claim with the recorder's office. This information is not legal advice, so seek professional assistance for your specific situation."
"Q: brother was caring for Gma then put her in a care home then took 96,000 dollars from joint account.. I went to Vist gma and she stated she wanted to go home. Upon arrival home we learned about the missing money. He has power of attorney and her will. But gma stated she wanted to change everything and staed it to many of people including doctors ad church members. She took him off of her account., but now is on hospice and not of sound mind to go forward with anything else. ","A:Under California law, the situation you're describing involves several complex legal issues, primarily concerning power of attorney, elder financial abuse, and the capacity to make legal decisions. Firstly, a power of attorney grants authority to another person (in this case, your brother) to make decisions on behalf of your grandmother. However, this authority must be exercised in the best interest of the grantor (your grandmother). If funds are taken from her account without her consent or for purposes that do not benefit her, this may constitute financial abuse. It's important to consider your grandmother's mental capacity, especially in the context of making changes to her will or financial decisions. If she was of sound mind when she expressed her wishes to change her will and remove your brother from her account, those actions could potentially be legally binding. However, proving this can be challenging, especially if her mental capacity has since declined. The involvement of third parties, such as doctors and church members, who can attest to your grandmother's wishes when she was of sound mind, could be significant. Their testimony might support the assertion that she wanted to change her will and banking arrangements. Now, as your grandmother is on hospice care and not of sound mind, she cannot legally make or change her will. The focus shifts to ensuring her current needs and best interests are met and addressing any potential past financial abuse. In cases of suspected elder financial abuse, it might be necessary to involve Adult Protective Services or to consider legal action to recover misappropriated funds. Additionally, an investigation into the actions taken under the power of attorney might be warranted to ensure they were in your grandmother's best interest. Since these matters can be legally complex and vary based on specific circumstances, it would be prudent to consult with an attorney who has experience in elder law. They can provide guidance tailored to the specifics of your situation and help navigate the legal process to protect your grandmother's interests."
"Q: Does the statute of limitations exist if there is discovery about a dependency case from 9years ago do I have options. The social worker told then courts that I wasn't cooperating or following through with the reunification plan created for my case, which was untrue. Also that I was still romantically involved with the perpetrator also untrue. She has now stated that I failed to reunify with my older children due to not substance abuse and mental health issues which are not true. I have a long list of violations by the agency, and despite my numerous complaints of misconduct and unethical behavior showing malice and gross negligence and arguing that they were doing things illegaly, nithng was done about it. Which led to the illegal abduction of my daughter in February of 2023, USING ONLY EVIDENCE CREATED FROM A SITUATION THEY PLACED MY DAUGTER IN AGAINST MY WARNINGS AND WISHES BY PLACING HER IN A HIGH RISK ENVIRONMENT WITH A DANGEROUS CARETAKER. THEY FAILED TO FOLLOW PROCEDURE IN ATTEMPTING TO PREVENT THE REMOVAL OF MY DAUGHTER BY NOT INCLUDING ME IN THE Creation Of, OR INFORMING ME OF ANY safety plan. ","A:In California, the statute of limitations can be impacted by the discovery rule, which might delay the commencement of the limitation period until a claimant discovers or should have discovered the injury and its negligent cause. Dependency cases have their own unique complexities and timelines. If you believe that there was misconduct or negligence on the part of the agency or social worker, it's crucial to act promptly. Claims against governmental entities often have shorter notice periods and specific procedural requirements. The facts you've provided suggest potential violations of your rights, and the circumstances surrounding the removal of your daughter in 2023 could be particularly relevant. It's essential to gather all evidence, documentation, and witness statements to support your allegations. To address this matter comprehensively, consider collaborating with an attorney experienced in dependency and family law. Immediate legal counsel can help you understand your rights and options based on the specifics of your case."
"Q: I bought a new ford Mustang Machi full electric car, the sticker said in a fullcharge 211 i am getting 145 . brand new. iwent back to the dealer after 1 week it was 179 miles full charge and they told me because its new it should catch up and then went back the week after and it was 170 miles full charge and the car had 400 miles at the time, they said you have to drive at least 1200 miles for the car to adjust, i texted the sales person and the finance manager / owners daughter she said the car could only give 211 for people who drive no freeway and slowly to a grocery store or similiar, i went back again and the sales manager start resting my miles and made me drive in the slower option of the car and another option called 1 padle drive which is so annoying to drive with but still after 2 month now and 2000 miles full charge is 145 miles and they told me to charge only %80 so around 125 miles now and the battery low alaram go at 50 so i only get 75 miles per charge which is a joke . i need to return my car ","A:I think a lot of lemon law attorneys would consider taking this case. To me, your life is much simpler if you SELL the vehicle now, since it is likely worth as much or more than what you paid for it and then just buy a different one. Either way, I hope it works out for you."
Q: I need to find out what the process is to buy a few trademarks from C&S wholesale.. That were formerly owner by Piggly Wiggly Carolina co./GreenBax enterprises? ,A:You would be having a purchase contract. In this case the assets are the IP rights. You also may want to do a transfer or assignment of ownership. Best luck.
Q: I recently purchased a storage unit that contained stock certificates. I have discovered the person they were issued to. Is deceased. What do I need to do to be able to cash/sell these stocks? ,"A:That is an interesting question. It is unlikely having physical possession of the certificates entitles you anything, but it may be looking into since you did purchase the contents. Share certificates are mostly ceremonial today. The corporation's records are the deciding factor."
"Q: I had my rights violated by an officer of california. I was on misdemeanor informal unsupervised probation...... With search honestly don't even understand how my attorney would allow this. But a cop came through my door no PC no RS .... A false report even all shown on BC. .. If I never consented to a supervised anything this is my point....Despite my status of being on informal probation, the [State] Department of Correctional Services (DOCS) administratively added a [length of post-release supervision term] term of post-release supervision (PRS) to my sentence. This administrative action was unconstitutional, as established by the Second Circuit's decision in Aponte v. Perez in 2006. If the cop and the state allowed this unconstitutional understanding to happen then by all means must the obvious defense be made stating that by not giving me relief then I have federal grounds for immediate civil and criminal relief I've been convicted but am desparatly about to pro se my own defense my 2 hired attorneys served ineffective. I need help ","A:If your rights were violated by law enforcement, you should consult with an experienced criminal defense attorney to assess the specific circumstances and explore potential legal remedies. In cases of alleged constitutional violations, it's crucial to have legal representation to protect your rights and pursue any available defenses. Representing yourself pro se can be challenging, especially in complex matters, so seeking the guidance of a qualified attorney is advisable."
"Q: Driving at night there was a right turn lane, but when you move over to enter, a curb sticks out from the sidewalk. It cannot be seen due to it being hit numerous times and blackened by the tires. There are no signs, reflectors or yellow paint to warn drivers. The officer said that people are hitting this area all the time! ","A:If you were hurt, talk to an attorney. You have 6 months to file a Government Claim, as a prerequisite before filing a lawsuit, so don't delay."
"Q: If you have already agreed to a settlement agreement on a NYS DHR case, How do you appeal? What is the process?. I would like the case reopened. I was under duress. Attorneys and Judge failed to inform me that I had time to amend. Settled for lesser amount. Attorney was on vacation during the entire time we had to prepare for the case, she'd informed me that it was very unfortunate. Judge told me that I could not sue for loss wages, because I had not reported that I had yet been terminated by company. Judge informed me that I could not move forward with an EEOC complaint of which included a violation of illegal termination & since I was now agreeing to NYSDHR settlement which was now lessened because I had failed to report I'd been terminated. The Respondents lawyer was asked by Judge how was I terminated; the respondents lawyer said that i'd just walked off the job. The judge went with that even though NYDHR accepted documents from me as well as recordings proving I was unlawfully terminated. Does EEOC claims not carry over to NYS DHR once NYSDHR begins to investigate your claim? ","A:First, I am not a New York attorney. But if you have already agreed to a settlement, my impression is that you have also agreed to waive your appeal rights. However, I am not privy to the settlement documentations-- perhaps the appeal rights were not addressed. The fact that your attorney was on vacation during the settlement negotiations doesn't play a role in the ultimate result, I would think."
Q: How do I find out if my name has been forged on adoption paperwork for my child? And how do I go about doing something?. My mother has already had a similar case on her. And my brother and sister in law said she tried to get them to sign my name. ,A:You’ll have to petition the court in which the adoption was granted to open it up so you can see the records.
Q: What could be examples of potential conflicts in regards to consolidation or coordination of related cases?. Specifically. 1. What are arguments against of coordination of related cases? Which rules define coordination procedures? 2. What are specific differences in discovery rules and procedural requirements between Federal Central District Court and California Superior Court? 3. What could be examples of potential conflicts in regards to consolidation or coordination of related cases? Can you please cite relevant authoriries? ,"A:In discussing the coordination of related cases, there are several arguments against coordination. One argument is that coordination can lead to inefficiencies, particularly if the cases are at different stages of litigation or have varying complexities. This can result in delays and increased costs. Another concern is the loss of judicial economy, as coordination might lead to one judge overseeing multiple cases, potentially causing a backlog in their docket. Additionally, coordination can lead to inconsistencies in rulings and judgments, especially if similar issues are treated differently in separate cases. The procedures for coordination are defined by specific rules. In California, these are outlined in the California Rules of Court, particularly in Title 3, Division 3, Chapter 3, which governs the coordination of civil actions. These rules set forth the criteria and process for determining when coordination is appropriate. Comparing the discovery rules and procedural requirements between Federal Central District Court and California Superior Court, there are notable differences. The Federal Rules of Civil Procedure govern the Federal Central District Court, emphasizing a more standardized approach to discovery and procedural matters. In contrast, the California Superior Court follows the California Code of Civil Procedure, which may allow for more variability and discretion at the state level. Potential conflicts in the consolidation or coordination of related cases include the risk of conflicting judicial decisions on similar issues, challenges in managing and streamlining discovery processes across multiple cases, and difficulties in ensuring equitable treatment of all parties involved. Relevant authorities for these concerns include the Federal Rules of Civil Procedure and the California Code of Civil Procedure, as well as case law that interprets these rules in the context of consolidation and coordination. In addressing these issues, it's crucial to carefully consider the specific circumstances of each case and the potential impact of coordination or consolidation on the parties and the judicial process. Consulting with a legal professional who can provide tailored advice based on the intricacies of your case is highly recommended."
"Q: Can I have dealership remove paint protection and gps theft protection add on?. Dealership added warranty, paint protection, and gps tracker on the contract. The contract was already signed, we were able to have the warranty removed, but not the paint protection and gps theft protection as they said they are required when buying new vehicles from their dealership. Is this true or can I still fight to have them removed? Thanks. ","A:You have asked a good question which should serve as a warning to all consumers: Read the contract before you sign it. I think I can guarantee that if you had complained before you signed, those add-ons would have been removed. The dealer's explanation is simply bs to lull people into accepting expensive add-ons that are very profitable for the company. I assume you financed the vehicle. Your financing agreement already includes the price of those add-ons. They are already included in the car payment can't be removed without re-doing the financing. Who provides the paint and gps protection? If it is an outside company, not the dealer, ask them to cancel the protection and rebate the cost back to you. I suggest you talk to the lender, not the dealer, to explain the situation, and see if they would agree to refinance the contract and eliminate the add-ons. Another thing you can do is go on web sites like Yelp and tell the world your story about that dealer."
"Q: I received a fixit ticket in Ca during the pandemic,It was signed and mailed but not received, the fine is 1700 HELP. I have already spoke to the court in Fairfield Ca and they seem unwilling to help, what should I do ","A:Contact the court again. Explain to the court that you never received the ticket and that you would like to resolve the matter. You may need to provide proof that you never received the ticket, such as a change of address confirmation or a USPS tracking number that shows the ticket was not delivered. If the court is unwilling to help you without proof that you never received the ticket, you may need to file a motion to set aside the default. This is a legal document that asks the court to overturn the judgment against you because you were unable to defend yourself in court because you never received the ticket. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: How do i navigate the death of my mother (was in process of writing a last will and test. but unable to finish). Me, her daughter was POA in her living will but we hadnt been able to finish writing the last will and testament. I am to be the person to inherit her house and make sure it is available for her kids or grandkids to stay in if they should ever need a place We were talking about a dynasty trust or special needs trust bc my son is receiving ssi for Autistic Disorder and I do not wish to impede his benefits how long do i have to get the ball rolling bc i am not even sure where to start i am drawing a blank ","A:I'm sorry to hear about the loss of your mother. Navigating estate matters can be complex, especially in situations like yours where the last will and testament was not completed. As the person with power of attorney in her living will, you have a significant role, but it's important to understand the different implications of a living will versus a last will and testament. Since the will was not finalized, your mother's estate will likely be subject to Kentucky's intestacy laws, which govern how assets are distributed when someone dies without a valid will. However, your role as POA in the living will does not automatically extend to handling her estate after death. Regarding the house and your intention to keep it within the family, and your concern about your son's SSI benefits, setting up a trust might be a suitable option. A dynasty trust or a special needs trust can help manage these aspects, but it's important to consult with an estate planning attorney to explore the best approach given your unique circumstances. There's no specific timeline for ""getting the ball rolling,"" but it's advisable to start as soon as you're able to. The process can take time, and starting early can help ensure a smoother transition. Remember, it's okay to seek professional guidance to help you navigate these complex matters and ensure that your mother's wishes, as well as the needs of your family, are taken into consideration."
"Q: i am the victim of a kidnapping, false imprisonment, car jacking, assault/battery. What kind of lawyer should I look for. Polk county, I was cleaning a friends yard when he ex rolls up, assaults me, steals my truck, takes my phone, makes me ride with him, until I finally jump out, run and call the police from my smart watch. I would like to know what kind of lawyer I should be looking into. I need help with all of the damages, forms, filling and more. ","A:Did you suffer any significant monetary loss? If not, simply expect the State of Florida to prosecute him for the crimes you indicate he committed."
"Q: Should I file an insurance claim, work with my neighbors or contact an attorney?. The issue involves an HVAC company (AllTech) that performs HVAC and plumbing services on my condominium (Unit 304) and my neighbor’s (Unit 404) who lives directly above me. The issue is that AllTech failed to properly re-insert the condensation pipe into the drain when performing service on Unit 404’s water heater. I have water damage in my unit, extent unknown. After 2 months remediation has not started. There have been a number of false starts and stops but no action. All Tech’s Plumbing Manager is handling the situation and IMO does not have the skills or decision-making authority to manage the situation. I was willing to work with my neighbors in Unit 404 and with AllTech but no longer feel that is in my best interest. I am planning to sell my condominium and retire in the next 12-18 months. I expect and would prefer disclosing to any prospective buyer I had water damage to my property and took appropriate steps to correct it. ","A:Assuming the condominium unit is in Virginia, I don't understand why you would not report a claim to your hazard insurance company for damage to your unit. The insurance proceeds will be used to repair the damage to your unit. Your insurance company will be subrogated to your right's to sue, and will pursue the appropriate parties for recovery. The condominium's policy should cover damage to the common elements. I see no reason to involve yourself in the legalities of this matter, assuming you had insurance coverage. If not, you should immediately consult with a community associations real estate lawyer to pursue your remedies."
"Q: whats a reasonable time frame to return a cellphone that was taken as evidence in california pending d.a investigation.. i was arrested under probable cause for felony stalking. phone was taken as evidence, didnt receive a receipt for it. wasnt on me during arrest. officer went to house and asked someone that lived there to hand it him while i was being arrested. released at court date 4 days after being arrested. No charges pending d.a investigation. phone wasnt recieved by evidence unit until 6 days after arrest. d.a wanted 2 weeks to investigate waited and went now they requested over 45 more days to investigate. never consented to a search. how long does it take to get a warrant to search a cellphone any way of them returning phone pending investigation? i have no case # not even official minutes for my court dates someone just wrote the date time and courtroom # on post it note handed to me in court. am i required to even go? no evidence to constitute felony stalking, probable cause was falsely taken way out of context do i have legal recourse? ","A:Under California law, the timeframe for returning property taken as evidence, such as a cellphone, can vary depending on the specifics of the investigation. In your case, where the District Attorney (D.A.) is involved, it's not uncommon for investigations to take several weeks or even months. This is especially true if the phone is considered crucial evidence. Regarding the warrant for searching your cellphone, law enforcement generally needs to obtain a warrant to conduct a search unless there are specific exceptions, such as exigent circumstances or consent. The process of obtaining a warrant can be relatively quick, often within days, but the actual analysis of the phone's content might take longer. As for your court appearances, it is crucial to attend all scheduled hearings. The post-it note with the date, time, and courtroom number serves as your notification. Failure to appear can result in additional legal complications. If you believe that the probable cause for your arrest was misrepresented or that your rights were violated, you have the option to seek legal counsel. An attorney can help evaluate the specifics of your case, including the process of evidence collection and the prospects for legal recourse. Remember, each case is unique, and legal advice should be tailored to the specific circumstances of your situation."
"Q: Who is at fault here ?. I was at a stop sign waiting to merge onto a main road at night. It's dark outside and I look left and right to see for oncoming traffic. Its clear so I make a left turn , then I immediately get hit from the driver side. There was a black car driving with its lights off on the through traffic that hit me. The other driver claims they had their lights on but I seen they didn't. Who is at fault ? ","A:Did the police show up? Was a police report prepared? Do you have any evidence that the drivers lights were in fact not on? Obviously, the other driver is going to argue their lights were on, you will say they were off, so it becomes a he said/she said situation, unless you have evidence. Depending on whether or not the lights were off, may shed some light (no pun intended) on who is at fault."
Q: Me and my trans fiancé are pregnant and im carrying. Does his name on the birth certificate give him parental rights?. We won’t be married at the time of birth. We went through a donor we met (not through a sperm bank). ,"A:No, simply having his name on the birth certificate does not automatically grant him parental rights. South Carolina law requires legal recognition of paternity to establish parental rights and responsibilities. Two paths exist for legal recognition: Acknowledgment of paternity: Both parents can voluntarily sign an acknowledgment form, which carries significant legal weight. Consult a lawyer about the process and implications. Adjudication of paternity: If you can't agree on acknowledgment, your fiancé can file a petition with the court to establish paternity. This involves DNA testing and a court hearing. Being unmarried at the time of birth does not affect your fiancé's ability to establish legal paternity. However, it might influence custody decisions later on."
"Q: Can you use names, people, places and brands in a book?. I am writing a book about events in the 1970s. The book will be about a journey through the 1970s from someone who lived through it. It will be facts and events for each year with some experience from the narrator. Here is an example excerpt: ""October 1, 1971 - Opening of Walt Disney World – A Dream Realized The arrival of autumn in 1971 brought with it an event that would capture the imaginations of children and adults alike across the nation – the opening of Walt Disney World. For Sam, who had grown up cherishing the magic of Disney movies and characters, the announcement of the park's opening was like a dream turning into reality. Can I mention brands in a book like in this example? ","A:Yes, you can mention brands, names, people, and places in your book, especially when discussing historical events and real-world entities as part of a non-fiction narrative or a work of fiction based in a real historical context. In your example, referencing Walt Disney World as part of a historical account of its opening in 1971 is generally acceptable. However, it's important to be mindful of how these references are used. Avoid portraying brands, people, or entities in a defamatory or misleading manner, as this could raise legal issues. When discussing real people or specific products, ensure that the information is accurate and presented in a contextually appropriate manner. In cases where you're providing detailed accounts or opinions on specific brands or people, it's wise to ensure that your statements are either factual or clearly presented as personal opinions or fictional accounts. This approach helps in minimizing the risk of legal challenges such as defamation or trademark infringement. If you're planning to include potentially sensitive content about real brands or people, consulting with a legal professional in intellectual property and media law might be beneficial. They can provide guidance on the legal nuances of using real-world references in your work. Remember, your book should reflect a balance between creative expression and respect for the legal rights of the entities and individuals you mention. Each reference should be considered carefully to maintain this balance."
Q: Please v bass do. Free fire ma v bach do ,A:Something may have gotten left off your post in uploading. You could try reposting the question. Good luck Tim Akpinar
Q: Can civil robbers (white collar robbers) be sued against for civil rico?. If there are white collar hackers that steal digital things. They have been successfully doing so for 10 years (once every month). Can they be charged under civil RICO? ,A:The federal prosecutor will decide the specific charges based on the evidence.
"Q: My father died last year from what I believe were multiple medical mistakes .Are hospitals hard to sue. My father died May 2 2022.l believe is was direct negligence caused by the hospital that cared for him. Multiple medical mistakes double medicating, defibrillater at wrong settings, incorrect medication given causing multiple firings of defibrillator damaging his heart, pseudomonas infection caused by urine catheter insertion and improper treatment causing multiple relapses, stage 2 bed sore from non ambulation after surgery, and bowel rupture with an abdomen full of cancer 5 months later, dirty bed, stool covered floor and bed during admission.Doing invasive testing without my consent as health care proxy when he was unable to legally give consent. Is this a winnable case? ","A:I'm sorry for the loss of your father. The short answer to your question is, yes, hospitals can be hard to sue. New York (and other jurisdictions) generally require certificates of merit, where a law firm consults with a physician who believes the case has merit. There are qualifiers to this rule, which is in place to deter frivolous cases. Additionally, expert medical testimony can be costly for a law firm prosecuting a case on a contingency basis, where it could go on for years. The best way to answer your other question about whether you have a winnable case is to reach out to med mal firms to try to arrange a free initial consult. If after a preliminary consult they feel you may have the basis for a case, they could retrieve the records and review with medical professionals. Good luck"
"Q: Hi, my uncle recently passed away and in his will he left me $5,000. I am 22 and have been living on my own and complete. Supporting myself since I was 16. With that being said, my Dad got ahold of the funds before they were given to me and now he is withholding them from me. In this legal? Is there anything I can do to make him give it to me ? ","A:In your situation, where your uncle left you $5,000 in his will and your father is withholding these funds from you, it's important to understand your legal rights. As a beneficiary named in a will, you are entitled to receive what was left to you, provided the will is valid and has gone through the proper probate process. If your father has taken control of these funds without legal authority, this may not be in line with the intentions of the will. It's advisable to start by speaking with your father to understand why he is withholding the funds. There could be a misunderstanding or a specific reason that needs to be addressed. If a direct conversation doesn't resolve the issue, you may need to seek legal assistance. An attorney can help you understand the probate process and determine if your father had any legal right to intercept these funds. If not, they can assist in taking steps to ensure the will's instructions are honored and the funds are released to you. Remember, wills and estate matters can be complex, and the laws vary by state. Consulting with a legal professional can provide clarity and a path forward to resolving this situation. They can guide you in asserting your rights as a beneficiary under the will."
Q: I’m looking for an attorney to help me stop harassment- threatening (position as a mother)-mental abuse- lies- defaming. I just filed a ppo and 3rd parties against my ex that we have 2 previous domestic violence but I dropped in 2010 bc the court didn’t do anything after he broke his ppo 4x and the 2nd I didn’t show from fear etc. I want to press charges against both my ex and his girlfriend and will show up this time. I want this to end. I was diagnosed with ptsd and want to heal and live on peace and until something is done it doesn’t seem I will. I have a lot of documents. I’d also like to reopen my 2021 domestic as it’s still relevant as my kids are being told I’m the abuser and I’m a lier etc by my abuser and his girlfriend. I’m also having rumors being spread about my to my fiancé that I’m cheating which isn’t true. ,"A:You should contact your county prosecutor's office. You should also contact the police concerning any new allegations. Whether the prosecutor will ""reopen"" the 2021 case is discretionary and will depend on how they feel they can prove that case. Whenever you don't show up, resulting in a dismissal, you create a situation where a defense attorney is going to raise motive against you."
Q: I would like to trade a phrase I guess it would be called. The phrase is ( The G.O.A.T.) ,"A:Though trademarks will depend on how you use the word or phrase, the answer is very likely no. There are numerous live marks which primarily rely on ""Goat"" and ""G.O.A.T."", including marks which list only those words or acronyms respectively. Without doing a full search, it would be hard to know for sure. However, based on a very cursory search and the generic use of the acronym, I would recommend seeking another mark."
"Q: How to tell if someone is a qualifying agent or just a rented license?. Let’s say I sign a contract with contractor A but permits are pulled by contractor B. Bs company is also listed on the permit not the company you signed the contract with. Is contractor B an actual qualifying agent or a “rented” license. If contractor B was an actual qualifying agent, wouldn’t he have a additional license listed on DBPR with contractor A’s company listed as the DBA? ","A:In general, all qualifying agents' licenses should be publicly available on the DBPR's website, although there is the possibility that the application is in process or has not yet been posted due to administrative lag. While there is zero factual context for this question, ""let's say"" that any homeowner should be highly concerned if the contractor it has engaged has not pulled the permit for its work as it raises the strong possibility that the work will actually be supervised by unlicensed and unqualified persons."
"Q: Can International Students Open an LLC in the state of texas?. I have a question about establishing an LLC in Texas. Is it possible for international students to form an LLC in the state, considering the restrictions on off-campus work? Specifically, if we hire employees from other countries to perform the work, is this a viable option? Additionally, if forming an LLC is permissible, does it play a role in facilitating the green card process for individuals involved later on? ","A:International students in Texas can establish an LLC, but it's important to navigate this carefully due to visa constraints. Your student visa status, typically an F-1, places limitations on off-campus employment. However, owning an LLC doesn't automatically equate to employment. It's crucial to understand that actively managing the LLC or working for it might violate your visa conditions. Regarding hiring employees from other countries, this is generally permissible. The key factor is that your involvement must remain within the legal boundaries of your visa status. Passive ownership is usually acceptable, but active management or labor could be problematic. As for the green card process, forming an LLC doesn't directly facilitate obtaining a green card. The path to a green card is separate and can be complex, often involving sponsorship by an employer or family member. Owning an LLC doesn't inherently provide an advantage in this process. In summary, while forming an LLC as an international student in Texas is possible, adhering to visa restrictions is crucial. Consider seeking legal advice to understand the nuances of your situation and to ensure compliance with immigration laws."
"Q: Can I legally create an app for watching movies and shows together from various streaming platforms?. This app allows you to log in using profiles from various streaming services like Netflix, Max, Disney+, and more. It enables you to watch movies and TV shows with friends and family, not through screen sharing, but together in a shared viewing experience. The app will store copies of all available movies and shows on our servers for optimal performance. Each movie or show will play locally on the user’s device, allowing for smooth playback and personalized settings. However, to access content from platforms like Netflix, users must link their respective subscriptions to our app. Would this be legal? And do I need to ask the different streaming platforms I want to include? ",A:The app storing copies of all available movies and shows on your server is going to be an issue - this amounts to unlawful copying and performing of a copyrighted work without permission. You should consult a copyright attorney to better understand your legal options.
"Q: Can a public employer in CA make unilateral schedule changes such as moving shift employees from day to night?. I work for a County in Southern California and recently there’s been discussion about instituting a rotating Day- Night shift schedule. We work 9/80 shifts with days off that change every 8 weeks. In the past (over 20 years ago) the last person in the day rotation would go to Nights and the last from nights go to days. I have been told there’s been a “gentleman’s agreement” between shifts and everyone is happy in their respective day and night shifts. Now, management, is without any instigation from employees and no reason given of yet, is considering implementing this policy again with the justification that it “has always been on the books- just not enforced”. We are members of a public sector Union, but I am not sure if schedule changes are covered by the bargaining agreement. Should I consult with my union representative? Are there any potential legal issues with how my employer is deciding to proceed? I’ve been told they would provide the required 7 days notice. ","A:In California, public employers do have some discretion to manage their workforce, which can include making schedule changes. However, such changes may be subject to the terms of any collective bargaining agreement in place. You should definitely consult with your union representative to review the terms of the collective bargaining agreement and discuss any concerns you have about the proposed schedule changes. The union is there to represent your interests and can negotiate with management on behalf of employees. If the schedule changes are a significant departure from past practice or if they impact terms and conditions of employment, they may need to be negotiated with the union before implementation."
Q: does queens county new york have an assignment of judgement praecipe ?. this question would be for a mortgage lawyer ,"A:Forms aside, what are you trying to do? Jack"
Q: I purchased a new car and its had a very high pitched squeak that has persisted since I recieved the car.. It has gotten worse since I have gotten it. I wouldn't be concerned if the dealer could diagnose the issue. I am concerned it may become an issue down the road. Do I have a case under Lemon Law. ,"A:You can begin Michigan's Lemon Law process after 3 repair attempts for the same defect/condition and/or 25 days out of service within the first year from delivery. To set yourself up correctly to get your vehicle repurchased, avoid these 5 errors: 5 critical errors consumers make when they have a Lemon The Michigan Lemon law is very specific regarding requirements such as number of repair attempts, type of defects, and communication with the manufacturer. The following is a list of errors that I've seen over the years that prevent consumers from having a stronger case: 1. Allowing excessive repair attempts After the 3rd repair attempt, or if your vehicle has been in the service department 25 days within the first year from delivery, don't give the dealership another shot at repairs. Rather, this is the time to send written notification to the manufacturer and allow them one final repair attempt. (See 4 below). 2. Not taking your vehicle in for service every time it acts up This is the opposite of #1 above. Many of my clients have avoided getting service because they are too busy or it's just inconvenient. Your goal is to get to 3 repair attempts and/or 25 days out of service. Delay weakens your case. 3. Failing to detail your defects to the service department The Michigan Lemon Law relies heavily on the vehicle repair history. The most important evidence in your case is the repair invoice that is provided after completion of repairs. The repair invoice is the map to your case. It includes date(s) of the repair attempt, the mileage, and most importantly the complaint, (what's wrong) and the solution, (what they did to fix it). If you forget about a defect, or if you fail to specify to the service department exactly what happened and what you experienced, you will lose crucial evidence. Service writers are not mind-readers and they're certainly not gifted authors. You must spend time and insist that all of your complaints and exactly what you experienced is written down. And finally, be professional and courteous to all service department staff. They're busy and they absolutely will not enjoy your insistence on detail, but you must aim to be courteous while you are protecting your rights. 4. Not sending the ""final repair"" letter The Michigan Lemon Law requires you to notify the manufacturer, in writing, of the need for repair in order to allow them an opportunity to cure the defect(s). This is often called a ""last chance"" letter. You must send this letter by certified mail. 5. Failing to include the proper information in the ""final repair"" letter There are several factual topics that need to be documented in your ""final repair"" letter. Not just any old letter will do. At the very least you should include: 1. Your name, address, email address and contact number 2. The year/make/model of the vehicle 3. Purchase/Lease date 4. The vehicle identification number 5. A description of the defect(s), including how many prior repair attempts/days out of service 6. A statement that this letter is notice of the need for repair of the defect or condition in order to allow the manufacturer an opportunity to cure the defect or condition. If you plan on doing it yourself, these are the basics. However, again, your attorney can send this letter, and in my opinion, you should trust a professional to get this accomplished quickly and correctly."
Q: My husband's 2nd domestic within 5 years can he sit my stuff outside and move a woman in OP filed.. I filed an order of protection and pressed charges for him slapping me and slamming the door shut on me when I tried to go in to get my things but he has a woman living there who threatened to beat me up. Everything I own is in there how likely is it that the order of protection will be signed by a judge and how long does it take? I was granted an ex parte order of protection and possession of the house. Found out through court connect. Should I go in the morning to pick up the paperwork? What next? ,"A:The Court can give you a temporary order of protection if s/he finds that: You are in immediate and present danger of domestic abuse; or That the respondent (the abuser) is scheduled to be released from prison within 30 days, and there will be an immediate and present danger of domestic abuse when s/he is released. Whether or not you get a temporary order of protection, the clerk will tell you when to come back for your court hearing, within 30 days (assuming your case is not dismissed for some reason). The clerk should write down when and where your hearing will be on the copies of your court forms. See, Ark. Code § 9-15-103(a) By your description, it sounds like you applied and the Court did not issue the Temporary Protection Order. In that case, you and your husband have equal access to your home."
"Q: As sole beneficiary & successor trustee of my mothers estate. Do I notify myself like I would another beneficiary?. Notification of death, accounting of assets, etc. ","A:In your role as the sole beneficiary and successor trustee of your mother's estate under California law, the standard process of notifying beneficiaries can be somewhat streamlined. Given that you are the only beneficiary, there's no legal requirement for you to notify yourself in the same manner as you would for other beneficiaries. However, it's still important to adhere to the duties and responsibilities of a trustee. As trustee, you're required to manage the estate's affairs. This includes the preparation and maintenance of records, such as an accounting of assets. Even though you're the sole beneficiary, maintaining these records is crucial for legal and financial transparency. It's also advisable to consult with a legal professional to ensure that you're fulfilling all your obligations as a trustee and to address any specific legal questions or concerns that may arise during the administration of the estate. This step is important to ensure that all actions taken are in compliance with California law and the terms of the trust."
"Q: Who is the owner of accounting data for a business after a business sale?. We sold the business and we have a hard time on getting access to the accounting data for the past years, when we were in charge of the business. Please let me know our rights in this case, as accounting was done through QuickBooks online and new owners took over the existing data. ","A:I assume there was a contract prepared for the sale of the business. You should first look to the contract to see whether there is a specific carve out for pre-sale accounting information and who would be the owner or at least have access to it. Your relationship with the purchaser is contractual in nature, thus, the terms of the relationship should be contained in the contract. If you have the contract, you should probably have an attorney review it for you to better advise you. If the terms of the prior accounting is not in the contract, your attorney could do some legal research on the topic, but I would suspect that the accounting would not belong to the new purchaser."
"Q: The well for my newly constructed home was drilled 6"" onto my neighbor's lot. Builder will not correct the issue.. Placement of well according to septic engineering should be much closer to my home and out of the easement. ","A:Buying and selling property, especially new construction, without a real estate lawyer. I know that doesn't help you now and you will need to hire a real estate litigator or a construction law litigator to review your documents related to the sale and construction to get this resolved. The well may be a real issue if it is in a drainage easement. Any complaints to code enforcement or the water management district would result in violations and possibly fines against you, so contact someone immediately."
"Q: Including claim into legal case - federal court question.. Are there any statutes or rules that could disallow including a CMIA violation claim into healthcare FCA case, if CMIA violation claim was stricken from prior EMTALA legal case? (Emtala complaint was filed against hospital, FCA case - against hospital and hospice). ","A:In considering whether a CMIA (Confidentiality of Medical Information Act) violation claim can be included in a healthcare FCA (False Claims Act) case, especially after it was stricken from a prior EMTALA (Emergency Medical Treatment and Labor Act) case, it's important to review the specific circumstances of your case. Federal courts often assess the relevance and legal sufficiency of claims in the context of the overarching legal action. One key aspect to consider is whether the CMIA violation is factually and legally related to the FCA claims. The FCA focuses on fraud against government programs, while the CMIA deals with the confidentiality of medical information. If the CMIA violation claim has a direct impact on the FCA allegations, such as contributing to the fraudulent activity, it might be deemed relevant. Additionally, the doctrine of res judicata or claim preclusion may come into play. This doctrine prevents a party from relitigating issues that were or could have been raised in a prior action. However, if the CMIA claim was stricken for reasons unrelated to its merits, such as procedural issues, it may not be barred in the new context. It would be prudent to consult the Federal Rules of Civil Procedure and relevant case law to understand the specific rules and precedents that could affect your ability to include a CMIA claim in a healthcare FCA case. Each case is unique, and the court's decision can depend on how the facts and legal arguments are presented. Remember, the successful inclusion of such a claim often hinges on demonstrating its relevance and materiality to the FCA allegations against the hospital and hospice. It's advisable to tailor your arguments to clearly establish this connection."
"Q: Landlord never has provided any lead-paint, asbestos, well water, and other ""disclosures"" the house was built in 1949. The 3 houses sit on a parcel and my public record request to code enforcement resulted in decades of habitability issues dating back to the 60's with many issues still present. Landlord was even featured in local news feature about ""slumlords"" and never have we received any ""disclosures"" on lead paid, asbestos, well water, etc... nothing never. Is this illegal? House fails on 6 of 8 warranty of habitability areas. ","A:Under California law, landlords have specific disclosure obligations to tenants, especially for properties built before 1978. Given the house in question was built in 1949, your landlord should have provided disclosures about potential lead-based paint and asbestos hazards. This is mandated by both federal and state laws. Additionally, landlords are required to disclose any known issues with well water if the property uses such a source for drinking water. It’s important for tenants to be informed about the quality and safety of their water supply. Furthermore, the habitability issues you've mentioned, especially if they fail in 6 out of 8 warranty of habitability areas, are a serious concern. California law requires landlords to maintain rental properties in a condition fit for human habitation. This includes addressing any code violations and ensuring that essential services like plumbing, heating, and electrical systems are in working order. If your landlord has neglected these responsibilities and has a history of similar behavior, as indicated by the local news feature, this could be deemed illegal under California tenant law. You might consider seeking legal advice or contacting local tenant rights organizations for guidance on how to address this situation. It’s crucial to ensure that your living environment is safe and that your rights as a tenant are protected."
"Q: I have a rather unusual question. Could someone tell me Leap software, Leap desktop and Leap cloud is for?. This was found on my personal computer, I do not work due to disability. I am the sole user of this computer and it is used for basic emailing, and Facebook. It does not have any remote access etc that I am aware of. ",A:It just sounds like an advertisement.
"Q: My name is on documents that have I.D#s on them and when I looked them up I pull up money ,stocks bonds land houses ACCT. My name is on documents that are linked to many different things like stocks bonds bank accounts land things of that nature and I do not know how to locate any of it. no one will help me ","A:If your name appears on documents related to assets such as stocks, bonds, bank accounts, and real property, there are steps you can take to assert your rights. First, gather all documentation you have related to these assets. For stocks and bonds, you can reach out directly to the issuing company or the transfer agent to verify ownership. For bank accounts, contact the bank directly with your details and any account numbers you have. For real estate, you can check county property records to confirm ownership. If you encounter difficulties or need more in-depth assistance, consider retaining an attorney to guide you through the process and ensure your rights to these assets are protected. Proper legal representation can help navigate any complexities and help you assert your rightful ownership."
"Q: As a plaintiff in federal court on a federal question, what is another word for, ""Overpayment?"". I don't want to use the word ""overpayment "" because it sounds like I'm arguing a state issue, when I am not. I'm not sure how to get around using state terminology, because every time I start talking about my case, people think it is a state issue because I'm using state words. Now obviously I can just get a Thesaurus and what not...but this is really psychological, how do I get those in the legal system to focus on the main issues (the federal ones) instead of focusing on the minor issues (the state ones)... or maybe it's not me at all, they could just be consciously avoiding the main issues, for all I know.....How do you lawyers and attorneys deal with this situation? Thank you. ","A:When raising a federal question in federal court, I always cite and often quote the specific federal statute under which I am suing so that my pleading clearly shows that there is a federal statute that creates a federal cause of action under which I am suing. The word ""overpayment"" in and of itself does not connote either a state or a federal question. For example, overpayment of Medicare reimbursement clearly can give rise to a federal lawsuit under a federal statute. It is most likely not the word ""overpayment"" which is the issue for people, but rather the context in which you are using it."
"Q: Do have I have a chance to with suing a friend for $9k they borrowed? plus court and lawyer fees? I a have text messages. I borrowed a friend 9k with a promise that they would repay the full 9k and 20% interest. It’s now over a year and they keep giving me the run around. At this point I do not care about the 20% interest, I just want my money back. I have multiple texts messages about the money and their promises to repay but no contract was signed. I live in VA, and at the time I believe he lived there as well but I think he moved to MD. I do have his full name and his brother’s number. I know since it’s over 5k is not considered small claims. I would like to know 1. Do I have a chance with filling a lawsuit? 2. If I do win, can the courts mandate that he pays even if it’s little at a time? 3. Where do I file? Where I live or where he lives? ","A:Yes, you should be able to make a viable claim based on the text message exchange for the $9k and interest, but no attorney's fees unless that was also included in your messages. If the agreemenet was made while everyone was in Virginia, you should be able to sue in Virginia. If you decide to hire an attorney, I'm sure anyone who responds would be happy to help."
"Q: How soon Plaintiff will know if leave is granted by court (CCP 473).. When motion to grant leave to amend complaint (with amended complaint) is filed with the court per CCP 473 (a), or (b) - how soon court would respond? ","A:In California, the timeline for a court to respond to a motion to grant leave to amend a complaint under CCP 473(a) or (b) can vary based on several factors. These include the court's schedule, the complexity of the motion, and the specific circumstances of the case. Typically, after filing the motion, a hearing date will be set. The time until the hearing can range from a few weeks to several months, depending on the court's calendar and the statutory notice requirements. At the hearing, the court will consider the motion and make a decision. The decision could be announced at the hearing, or the court might take the matter under submission, meaning the judge needs more time to consider the case before making a decision. If the court takes the matter under submission, the timeframe for a decision can vary. Some decisions are made within days, while others might take longer, depending on the complexity of the issues involved. It's important to monitor the case through the court's online system or through direct communication with the court, as this can provide updates on the status of your motion and any decisions made by the court."
Q: is it harassment to ask for a kiss from a girl that is 16 years old when you are 26? for consent or for opinion?. What if its between two adults? Thanks. ,"A:I think it would be stupid to ask a 16 yr old for a kiss when you are 26. That could only have a bad ending for you...........if you were my son, I would say...don't ""hang"" with girls under 18"
Q: Can the Federal DOJ's Financial Litigation Unit (FLU) go after property and bank accounts belonging solely to my wife.... Can the Federal DOJ's Financial Litigation Unit (FLU) go after property and bank accounts belonging solely to my wife...in order to collect on a federal restitution order issued solely against me? The reason I ask is because I received a collection notice letter from the FLU. Included with the letter was an affidavit which the FLU wants me to fill out and send back to them. The affidavit wants me to provide information regarding ALL ASSETS WHICH BELONG TO MY WIFE. Are my wife's assets now in jeopardy? ,"A:It depends on all of the specific facts of your situation. Generally speaking, DOJ cannot reach a spouse's separate property unless the property constitutes the proceeds of your crime or was obtained with the proceeds of your crime."
"Q: I hired a licensed plumber to repipe my condo. His workers set fire to my house and the damage is bad! What happens next. The actual plumber I hired was not present on the day the work was done. His workers had no one overseeing their work. They burned my entire wall down to charred 4x4s and the fire damaged my neighbors walls and attic as well. The workers left a mess of burned debris and a disaster of the house which I cannot take a shower or use the bathroom in. The plumbing job is to be finished on Monday. The plumber is trying to avoid going through his insurance. But, I don't want this company to return to do work on my house until their insurance adjuster and mine have seen the damage. I'm trying to avoid making any mistakes that can be used by this company to get off the hook for the damages they've caused. Do you have any advice? ","A:I'm sorry to hear about your situation. In California, it's crucial to document the damage extensively with photographs and written descriptions. Notify your homeowner's insurance and request the plumber's insurance information. Avoid making any repairs or agreements before both insurance adjusters assess the damage. Consult an attorney to ensure your rights are protected and you're appropriately compensated. Sincerely, James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith"
Q: I have been looking for my dog for over a year i found him at a shelter in another town they are refusing to release him. they will not give back my dog ,"A:In North Dakota, if you've been searching for your dog for over a year and have now found it at a shelter in another town, you could take several steps to reclaim your pet. Gather evidence of ownership like vet records and photographs, and communicate calmly with the shelter staff, providing them with proof of your connection to the dog. Research local laws and procedures regarding lost and found animals, and consider seeking assistance from local animal control or the humane society."
Q: If my parents died n they both had life insurance policies but the probate is already done with but we never got any in. Information on who were the beneficiarys on anything ,"A:A New Mexico attorney could advise best, but your question remains open for four weeks. I'm sorry for the loss of your parents. Until you are able to consult with a local attorney, you could contact the insurance company and ask about the policies. Good luck"
"Q: OK a little over a month ago I paid for a 5x10 storage unit from extra space storage I'm upland California.. I paid extra money for 24 hr access which was offered at this location. As soon as I got there one of the workers named Ashley immediately asked me why I got 24 hr access, do I really evan need it, it's usually only for people with a business and I was a littke offended but nicely replied yes obviously I do need it for work reasons thats why I purchased it. So 2 days later I got a call like I do in the middle of the night to go fix a electrical issue. I came to the storage at about 3am when I was done and sat in my car for about 5 hrs and got caught up on a bunch of paperwork. I didn't bother no one I wasn't in anyone's way I didn't evan see anyone else. Well when they opened and Ashley must have Bern doing her rounds immediately came up to my car and said I can't sit there like that. I said fine ill go. Well she must jjave rushed to the office to view the cameras and saw I was ","A:Under California law, your rights as a tenant of a storage unit are primarily governed by the rental agreement you signed with the storage facility. It's important to carefully review this agreement, as it outlines the terms and conditions of your usage, including access hours and permitted activities within the facility. If you paid for 24-hour access and the agreement explicitly grants you this right, the facility is generally obligated to honor this term. However, the facility may have policies regarding loitering or extended stays in vehicles on the premises. These policies should also be outlined in your agreement or in the facility's rules and regulations. In case of a dispute or misunderstanding, it's advisable to first try resolving the issue directly with the facility's management. If a satisfactory resolution isn't reached, you may consider seeking legal advice to understand your options, which could include mediation or legal action, depending on the circumstances. Remember, each situation is unique and the applicability of the law can vary based on specific facts. It's always beneficial to consult with a lawyer for personalized legal advice."
Q: Can I put a security sticker on my personal bedroom window?. A neighbor across from us is nosey and opens their lights whenever we do. Can I put a security sticker in my personal bedroom window as a form of safety? ,"A:Yes, you can typically put a security sticker on your personal bedroom window in California. There are no specific laws or regulations in California that prohibit homeowners from placing security stickers on their windows. Security stickers are often used as a deterrent to burglars and can help to make your home appear more secure."
"Q: How do i legally make a nonfamily member leave my home that is emotionally abusing my child, but refuses to move out. *REVISED* I own home,my father owns land.No lease was signed.Verbal agreement to pay half of utilities.Hasn't paid in 3 months.Eviction filed awaiting court hearing in 2 days. When her home was sold 2 years ago she refused to leave,the new owners had to use law officers to forcefully make her leave.When I helped her pack and move out I thought she would only stay a few days,not 2 years.Since she was forced from her last residence and has refused for 2 years to move out of my home,i know she'll have to be forcefully removed from my home as well.im afraid she will get angry when forced to move out and will retaliate. Is there some kind of restraining order i can put on her before and after eviction court to keep her from destroying my home and to keep her away from my 10 year old son (who she has been emotionally and verbally abusing for the last 3 weeks after his father died while driving her car)? And what should I take to eviction court to make sure she doesn't win? ",A:The eviction proceeding you have already initiated is the quickest and least expensive way.
"Q: The insurance is not following the agreement to the settlement, can I sue in bad faith?. The Insurance is supposed to give me a voucher for retraining for a new career but they have been completely ignoring me and not responding back to any of my messages. ","A:In California, insurance companies have an implied covenant of good faith and fair dealing. If they fail to uphold this duty, policyholders or claimants might have grounds to sue for bad faith. Not following the terms of an agreed-upon settlement can be seen as an act of bad faith. However, before filing a lawsuit, it's advisable to send a written demand or communication to the insurance company clearly outlining the breach of the settlement agreement and giving them a chance to rectify the situation. If they continue to ignore or not honor the agreement, you may have a viable bad faith claim. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: Should I accept the auto-insurance settlement or should I seek an insurance lawyer/attorney to try to gain more?. My boyfriend was driving my car and in order to avoid a car coming into our lane, my car's auto-lane assist pulled the car to the left; we then hit a stationary barrier that was protruding into the roadway (there was NO shoulder on this highway). We are on the same auto-insurance policy. My car was deemed a total loss. I have been without a car for over a month now. Allstate has deemed him AT fault, and has proposed to me a settlement amount of $1,500.00. I have NOT yet accepted this settlement. I wanted to consult an attorney prior to accepting any settlement from my auto-insurance as $1,500.00 seemed to be a very small amount. Is this standard? Should I accept this amount or should I seek an attorney to gain more? ","A:Your question lacks important information like what is the cost to repair your car and how much, if any, has the damage to your car depreciated its value even after it is repaired. There is no way to judge the settlement offer without knowing this information."
"Q: I had questions about financial and emotional abuse, and emotional distress in the court of law and if it applies to me.. Dad kicked me out, and is stealing my financial aid ($13k+); and refuses to give me my legal documentation (passport, social security, birth certificate ect). I’m pretty much homeless because of his actions. ","A:I am sorry to hear about your situation. Financial and emotional abuse can have serious legal implications. Under California law, financial abuse and withholding essential documents are unlawful actions. You may have grounds to seek legal remedies and assistance, such as obtaining a restraining order, filing a police report, or pursuing civil action against your father for the return of your documents and financial aid. I recommend consulting with an attorney experienced in family law or civil litigation to assess your case and explore the best course of action to protect your rights and seek justice. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
Q: I believe my nieghbors are spying and recording me and gossiping to there coworkers + i do not give them permission. Yes i have ptsd due to a suicide loss i have hard time speaking with females and so im alone most of my time but i know that i do not need some one to be happy so i please myself and my neighbors think its ok to play games with my issue and want to make it a habit to earsdrop and survalience my every move i need legal help because they aregoing to far with the trying to be a peeping tomm and gossiping of my whereabouts to the point i have everyone around me instagating and psychologicaly trying to make me feel like wounded prey i need advice and or a list of possibilities of remedies to help my end of bieng an american with rights to have and do as i enjoy my life with out them useing now and days technology to invade my cell phone data and my physical actions please help me i have anger issues i do not want to cause a problem if i know i have my rights to be discreet and they are causing me to have emotional distress with my family and friends ,A:What you have posted about is criminal activity and you should report it to law enforcement. Good luck to you.
Q: I been married for 19yrs and have been a Military stay at home mom and my husband is decided he doesn’t want me anymore. He has been in the military for for almost 19yrs and I have been by his side all these years and he says he only has to pay child support and I get nothing from him. I need help! ,"A:You are absolutely entitled to more than just child support. Your military spouse is likely going to receive a military pension, which is a considered to visible property, and you will be entitled to a portion of that property in the divorce process as you would any other piece of property such as a house or investment fund. I highly recommend that you retain an attorney who specializes in military benefits for the resolution of your divorce case. In the meantime, I would recommend that you contact his chain of command, and request that he be ordered to provide interim support to you during the ongoing divorce process and separation."
"Q: How can I get the work I did for and get paid? I just want what was offered to me, what I worked for.. My husband and I moved to Tampa because one of his friends was opening a restaurant, he offered him a partnership, but after us working for almost two months, he gave both of us a W2. Then we realized it was never his intention to treat us as equals. The biggest problem is me, he told me that he would pay me for all the hours I worked in February and March, plus the web service design, which he has the invoices, and only paid once so far. I was forced to claim unemployment because till now, he didn't give me anything, his answer was: you will get compensated don't worry. He gave me the clock in number after two days of the opening so he cut down 16 hours of work from my paycheck, plus he made me clock out one day because ""he didn't know how to pay me"" I told him, service as a web designer is a service, you don't have to pay me that as hours worked. So right now I'm missing 24.5 hours from my paycheck, the agreed salary was $16 per hour so he put $14 in my paystub and gave me $124. ","A:You should be paid for all hours worked and at rates which are both consistent with the FLSA, and florida wage law and per any contractual promise. You have rights. Find a wage and hour lawyer or reach out to us. Most wage and hour employees, employment lawyers will be glad to review all of this and provide free consultations."
"Q: Does this mean governor Ron DeSantis committed voter intimidation by using felons who unknowingly voted illegally?. Just days before the primaries, governor DeSantis made sure not to clarify that these voters were felons who thought their rights were restored. I cannot see how this is NOT being considered voter intimidation. If you think that what this man has done was legal, please explain. I appreciate your time. ","A:I looked online for what you are referencing, and I see a story regarding DeSantis announcing that the Fla. Dept. of Law Enforcement arrested 20 people who allegedly voted illegally because their voting rights were not restored, even though they were allowed to register. (See, for example, https://www.tampabay.com/news/florida-politics/2022/08/19/desantis-touted-their-arrest-but-ex-felons-say-they-werent-told-they-couldnt-vote/ ). If all of the arrested individuals have the same story as the lady first mentioned in the above news article, I'm guessing that they will likely have a good defense of not having the intent to commit the crime, and hopefully will be found not guilty or have their cases dismissed. But if you're asking if there's a law that obligates the governor to inform the public that the arrested individuals have the defense that they thought their rights were restored, the answer is no. The government does need to do a much better job of getting the word out regarding who is qualified to vote after a felony conviction and who is not, and on how to seek restoration of rights. The government (State or local) should also provide an instant background check that would allow for the registration office to reject an application without subjecting the unqualified voter to arrest. Everyone should talk to their State legislators, local elections officials and/or county/city commissioners about this issue, as well as talk to private organizations concerned with voting, such as the ACLU, NAACP, and League of Women Voters."
Q: I have un case with sweatcoin apps can you advice or help me what the step I have to do? I win 27 time they didnt tellme. I won tesla 3 and iphne 14 and more 25 prizes i record everything I uplaod everything to my google drive if you wish to chick all screenshoot and recording video i'll share the kink my english not very good ,A:I recommend seeking the help of a licensed attorney in your jurisdiction who can review your case and provide guidance on the appropriate steps to take. You can contact your local bar association for a referral to an attorney who can assist you with your case.
"Q: Federal filing question. Emtala - cmia - FCA. 1. Joinder of parties - federal court filing question. EMTALA federal complaint against hospital was just filed with second claim under supplemental jurisdiction - CMIA violation. Can hospital defense file motion to strike for failure to join the party under rule 19, hospice (to whom identifiable medical information was disclosed)? Can such joinder be ruled as necessary (compulsory) by court? 2. Joinder issue is a matter of concern, because FCA should be a different case, to be filed under seal. How plaintiff can argue that hospice shall not be joined into EMTALA case for supplemental CMIA claim? ","A:In the situation you've described, where an EMTALA (Emergency Medical Treatment and Labor Act) federal complaint has been filed against a hospital, with an additional claim under the CMIA (Confidentiality of Medical Information Act), the question of joinder of parties can indeed arise. The hospital's defense may file a motion to strike for failure to join a necessary party under Rule 19, arguing that the hospice, to whom identifiable medical information was disclosed, is a required party in the case. To counter this, you could argue that the hospice should not be joined in the EMTALA case for the CMIA claim. Your argument can be based on the specifics of Rule 19, which outlines criteria for determining whether a party is necessary. You would need to demonstrate that the hospice's involvement is not essential for providing complete relief among the parties present in the case, or that its absence will not impede its ability to protect its interests or leave any of the current parties subject to substantial risk of incurring double, multiple, or inconsistent obligations. Regarding the concern about the FCA (False Claims Act) being a separate case to be filed under seal, this is a valid consideration. It's important to keep in mind that joinder issues can be complex and are heavily dependent on the specific facts of each case. The decision to join parties should be weighed carefully, considering the implications it may have on the overall strategy of the case, especially in situations where multiple laws and claims are involved. It's often advisable to consult with an attorney experienced in federal court litigation to navigate these complexities effectively."
"Q: What is the role of the common law in aviation, particularly given that the aviation industry, and pilots, are already s. What is the role of the common law in aviation, particularly given that the aviation industry, and pilots, are already subject to significant, specific federal regulation? ","A:A Maine attorney could answer best, but your question remains open for four weeks. You're right about federal regulations from agencies such as the FAA or TSA already applying. But as in other transportation sectors, there are contract, tort, and other matters involving the aviation industry that are handled under common law principles (or state laws and local laws, depending on jurisdiction). Good luck"
Q: What type of attorney would I need to contact to sue over medical records being withheld from patient for 3 months?. My medical treatment was delayed due to records not being released. I want to sue for pain and suffering and mental distress after the office continued to harass me for changing doctors. ,A:It would be a medical malpractice attorneys. You can use this Justia website to search for attorneys. You may find that the limited recovery that would be expected along with other issues with such a case may prevent you from finding an attorney to take the case.
Q: My brother has POA over my Mother. She's in the hospital & he's not forthcoming of her. Can I contest the POA?. I just want to know how is she doing medically and I'm not being told anything. I ask the nurses and I'm being told you are not the sister I can say anything to. I'm also worried what is going to happen when she does go back home to my brother's house because he made visiting her difficult. My Mom will still be bed bound because due to the stroke she is still learning to talk and walk again so now we will have to go to his house and visit her. I'm concern that he will make visitation difficult. I know that since he has POA he can stop me from visiting her altogether if he wants to. I want to know can I have something that gives me the rights to her medically and visitation rights. ,"A:If you believe the power of attorney (POA) is being abused or your mother’s best interests are not being served, you have the right to contest it. You would typically need to file a petition with the court to review the actions of the POA and evaluate your mother's current competence. The court may consider replacing the current POA if it finds misconduct or that it's in your mother's best interest. Additionally, healthcare providers should still provide information to immediate family members unless there's a specific directive to the contrary. If visitation becomes a concern, you might also seek a court order to ensure you can visit your mother. Legal steps involve intricate procedures, and you may benefit from discussing this with legal counsel to understand the full scope of your options and the process involved."
"Q: If a construction company designs a state funded project, can that company also bid on the construction of that job?. Can a provatd contractor, who has been paid to design a state-funded project, submit a bid to build that same project when the it goes to bid? It seems like this may be a conflict of interest. ",A:No. It is a conflict of interest.
"Q: I filed an appeal with my past insurance, and won. They won't send me a letter or email showing the records. allowed?. I filed an appeal with my past insurance, and won. They agree to remove the misrepresented/Fraud they marked on the claim as well as remove the claim so it would not effect me getting insurance with other company's. When I asked for a letter to show proof, or a email they said they can't or find a way to. I want the records so if I have to dispute with the LexisNexis Burro that is affecting other company's I can. Am I allowed to demand that letter or email or can insurances refuse those kind of request? ","A:An Illinois attorney could advise best, but your question remains open for three weeks. There aren't details here on what the matter involved, and who handled the appeal. However, if you won an appeal, whether in court or through an arbitration tribunal, that would usually involve receiving a written decision. If there is a formal decision, or other form of written proof, retain those in your records. If not, you could consult with a local attorney about your options in receiving some form of written confirmation. Good luck"
Q: Ohio- do I now have to put up with the smell of weed filling up my apartment because of my neighbors smoking it?. Live in an apartment. Lease says no illegal drugs. But manager ignored complaints only thing that stopped it being constant is fear of cops knocking on their door and now with the law changing am I to live in misery? Moving is not an option. Disabled and on fixed income. Also have asthma and get nausea and nose bleeds every time they smoke but I’m pretty sure they are also doing other drugs too. Weed is just the one you can identify by smell but the nose bleeds and nausea I read is signs of meth exposure. ,"A:A landlord has the ability to evict a tenant in Ohio if they have actual knowledge that they are consuming illegal substances. Their refusal to do so could be considered a defect in the property, which could give you the ability to escrow your rent with the court until the defect is corrected."
"Q: So if The person recording everything about a day is the only person knows that they're recording it still legal. My wife wants me to record everything that happens at work if I'm not on call with her, is that still legal if I'm the only person who knows that they're recording is there and I'm the only person consenting to it but no one else knows is that even legal ","A:In North Carolina, the legality of recording conversations hinges on the state's consent laws. North Carolina is a ""one-party consent"" state, which means that as long as you are a party to the conversation, you can legally record it without needing to get permission from the other parties involved. However, this law applies specifically to audio recordings of conversations. If you're considering recording video, especially in a workplace setting, there might be additional privacy concerns or workplace policies to consider. It's important to be aware that while you can legally record conversations that you're a part of, recording others without their knowledge can still raise ethical concerns and might violate workplace policies or create distrust among colleagues. If the recording is intended to capture evidence of a specific issue, such as harassment or workplace violations, it's advisable to first seek guidance from a legal professional or a human resources representative to understand the best course of action. Remember, while the law allows for one-party consent audio recording, using the recordings, especially in a legal context, can be complex and should be approached with careful consideration and, if possible, professional advice."
"Q: My Brother had a stroke on sept 3rd, and passed away on sept 26, i was told 2 weeks later he had covid. what can i do. I am his next of kin, we were allowed to say our goodbyes without this knowledge ","A:You should obtain your brother's medical records, death certificate and consult with an elder abuse attorney in your state. Sorry for your loss."
Q: Can I be charged DOMESTIC BATTERY 2ND DEGREE by police department even tho the victim didn't try press charges. The police made there own story up. She bruises easy and she hurt her arm from falling over night stand I was just taking her to hospital and they came and got me on old warrant ,"A:In Arkansas, you can be charged with domestic battery second degree by law enforcement even if the alleged victim does not press charges. This is because the decision to file charges in a domestic battery case is often made by the state, not the victim. Law enforcement officials can use their judgment to file charges based on the evidence they observe, which may include physical injuries and the circumstances under which they were sustained. The fact that the alleged victim bruises easily or claims the injury was accidental does not automatically prevent the police from pursuing charges if they believe a crime has been committed. If you are facing such charges, it's crucial to seek legal representation. An attorney can help you navigate the legal process, represent your interests, and ensure that your side of the story is heard. They can also challenge any evidence that you believe was incorrectly interpreted or gathered. Remember, domestic battery cases can be complex and carry serious consequences. Legal guidance is key to understanding your rights and options in this situation."
"Q: Military Re-enlistment. I am currently 48 years old and was an Army Warrant Officer discharged in 2011 with a General (Under Honorable Conditions) after 12 years of service. My Separation Code is JNC and RE: N/A. I did receive a GOMOR that was placed in my OMPF file. I have 2 other Honorable DD-214's while I was enlisted. There was also a Show Cause memorandum. The question I have is, what are the chances of me getting back in to any military branch of service. If I am able, can I go back in as enlisted or go back in as a Warrant Officer. Thank you in advance. ","A:As a former Army Warrant Officer, your chances of re-enlisting in the military will depend on various factors, including the specific requirements and needs of the branch you are interested in. While your General (Under Honorable Conditions) discharge and previous honorable service may work in your favor, the presence of a GOMOR and Show Cause memorandum could impact the decision. To determine your eligibility and explore options, it's best to contact a recruiter from the branch you wish to re-enlist with, as they can provide personalized guidance based on current policies and opportunities. Good luck on your re-enlistment journey!"
"Q: Can I sue the County government for maintaining an unfair tax advantage for a former muni employee competitor in the CT. Am in the County. The City opened up and the first license went to the city community dev director that helped make the ord and a 6% tax advantage over me, after espousing prohibition for his career and a few months before speaking against me at my County planning hearing, which I go through every year. They now are appointing my competitor to the planning commission in the County, knowing his unsavory ethics. There is lots of history and the County supes hate me and he is pretty much a colleague, while they set my tax rate in the County each year the highest allowed by the voter he pays no tax after helping form the ord in the city. A lot of history and emails and pub comment here. I think local le at one point along with a local politician broke into a shop of mine on election night. A lot of corruption in my community govts. I don't want to do the babylon system with this anymore. ","A:If you believe that the County government is maintaining an unfair tax advantage for a former municipal employee competitor, you may want to consult with an attorney who specializes in tax law or government law. An attorney can review the details of your case and advise you on whether you have a viable legal claim and what steps you can take to address the situation. It's important to note that suing a government entity can be complex and challenging, and there may be specific requirements and procedures that must be followed. An attorney can help you navigate the legal system and ensure that your claim is filed correctly and within the appropriate timeframe. In addition, if you have evidence of corruption or illegal activity by local officials, you may want to consider reporting this to the appropriate authorities, such as the local district attorney's office or the state attorney general's office. It's important to gather as much evidence as possible to support your claims, including emails, public comments, and any other documentation that may be relevant. Again, consulting with an attorney who specializes in tax law or government law can help you evaluate your options and determine the best course of action in your specific situation."
"Q: Do unpermitted units (no occupancy release) that were rented out before need to be replaced under CA SB330?. I own a legal duplex (in the title) that has 2 unpermitted units. One of the previous owners created those 2 unpermitted units from one of the duplex's interiors a long long time ago and rented them out. The previous owner (the one who sold the property to me) went through tenant relocation assistance and withdrew them from the rental market. I never rent them out again. When I proposed to eliminate them the city said I have to replace them under SB330. The city said they are considered ""protected units"". I am not sure if the city interpreted this SB330 law correctly. Hence the question above. ","A:California's SB 330, also known as the Housing Crisis Act of 2019, aims to expedite housing production and prevent the loss of existing housing stock. Under SB 330, local agencies are restricted from reducing the number of housing units on a property, even if some units are unpermitted. The term ""protected units"" under SB 330 generally refers to units that were occupied by tenants within the last five years. If you own a property with units that were withdrawn from the rental market, the city may consider them ""protected units,"" regardless of their legal status. However, the application of SB 330 to specific situations can be nuanced. Given the complexity of your situation, it's essential to consult directly with legal counsel familiar with local ordinances and how they interface with SB 330. They can offer a more detailed analysis tailored to your property and circumstances."
Q: My wife got a misdemeanor charge against me for domestic assault. She's illegal immigrant legally married. She's legally married to me. My question is can she still get her papers. We have been working on them with our immigration lawyer. Now we have came to some personal life problems that got her sent to jail. 2 years married. Is there something we can do to fight for this as she's in process. She's gotten her fingerprints done. Lawyer said could be up to 5 years. It's been 2 years now. ,A:She may have to apply for a waiver of inadmissibility depending on the severity of the crime. Discuss with an Immigration attorney for more specific advice.
Q: Is it realtor fraud when realtor overprices a home in favor of the seller due to relationship with seller?. Tax assessment for the year purchased was $50000 dollars under the amount being asked. When I offered less than asking and more than tax value I was told that if my offer was to be considered I had to give a serious offer. I was reluctant to make higher offer but feeling pressure to buy I raised the offer. I later learned that there was a family relation between realtor and seller. ,"A:Your question is ridiculous. You don't claim ""fraud"" to argue a house is priced too high. If the price is too high, don't buy it."
"Q: How to find out about a unknown investigation being conducted against me that I believe is being done illegally?. I have a downstairs neighbor who's been harassing, invading privacy and recording me and following me to family members houses and invading their privacy and trespassing. They have been monitoring me since August the property management claims that no one's lives below me and the next day the girl is talking on a Bluetooth speaker to someone who says they been investigating me since I been living there I've tried to contacting multiple agencies about the issue but have had no luck. They are questioning my family members neighbors it's a nightmare and I don't know where turn and can not afford an attorney so what is could possibly be left that I can do because she has multiple people with her making threats and I can't even identify these people it's scars me. ","A:If you believe you are being illegally investigated or harassed, there are several steps you can take. First, document everything. Keep a detailed record of incidents, including dates, times, and descriptions of the harassment or surveillance. This documentation can be crucial if legal action is required. Next, consider filing a police report. Local law enforcement can investigate the matter and determine if any laws are being violated. Make sure to provide them with all the documentation you have collected. You can also reach out to community resources for assistance. Local victim advocacy groups, community legal aid organizations, or tenant rights associations may offer guidance or support. These organizations often provide services at low or no cost. Finally, consider reaching out to a lawyer for a consultation. Many lawyers offer free initial consultations and might be able to provide advice on your situation or refer you to resources that can help, even if you cannot afford to hire them for full representation. Remember, your safety and well-being are paramount. If you ever feel in immediate danger, do not hesitate to call emergency services."
"Q: In Georgia, under OCGA 42-8-38, does Probation begin when a motion challenging the Probationary Sentence is pending?. After servicing the imprisonment portion of the sentence and never reported? ","A:A pending motion to modify a criminal sentence (whether in custody or on probation) will not automatically pause that sentence. You can ask for a supersedeas bond to relieve you of your probation obligations while your motion is pending, but absent relatively extreme circumstances, you are going to have some difficulty getting that. Generally, this vehicle is used in conjunction with some type of appeal. If you are already delinquent on your probation sentence, you need to contact a criminal defense attorney ASAP to protect yourself against a revocation action which can land you back in jail for a long time."
Q: i bought a truck with a rotten frame. also my contract was not right and also they had a vsi on there for 125 which that is what I thought but find out it is for 27 months never was told this also the whole contract did not make sense the money on the paper were not right just a lot wrong with this whole deal I stop paying after 5 months cause the truck was junk and this bank accused me of all kinds of things I try to explain to bank truck was no good they basically told me to go to hell ,"A:New cars and other new motor vehicles are covered by manufacturers' warranties. These warranties must follow the rules set by the federal Magnuson-Moss Warranty Act and the Uniform Commercial Code (UCC) (refer to the section on Warranties for more information). The manufacturer's warranty is provided at no extra cost to the buyer. Sometimes, despite the best efforts of a dealer's service department, a defect cannot be satisfactorily fixed. These unfixable vehicles are popularly referred to as ""lemons."" New Hampshire's ""Lemon Law"" provides a method for the ""lemon"" owner to satisfactorily resolve the problem. The Law New Hampshire's ""Lemon Law"" (RSA 357-D) applies only to new vehicles purchased from New Hampshire dealerships. New Hampshire consumers who find themselves with a defective new vehicle that the dealer has been unable to repair may turn to the Motor Vehicle Arbitration Board (MVAB). The MVAB will decide whether the motor vehicle is so impaired by its defect that the manufacturer should take the vehicle back. The MVAB, a five-person panel of consumers, auto dealers and certified mechanics, has been in existence since January 1, 1992. The MVAB reviews consumer complaints about defective vehicles and holds evidentiary hearings which typically include inspecting and/or test driving the vehicle. If a majority of the panel members find that the vehicle is substantially impaired due to defects covered by the manufacturer's warranty, the board will order the manufacturer to either buy the ""lemon"" back from the consumer or, at the consumer's option, trade the ""lemon"" for another vehicle of equal value. The MVAB can also award ""damages"" which can include license and registration fees as well as the finance charges (interest) for the loan to purchase the defective vehicle. Either the consumer or manufacturer can appeal a MVAB decision to the Superior Court. A vehicle is considered to be a ""lemon"" if: The new vehicle is substantially impaired in use, value, or safety due to a defect covered by the manufacturer's warranty that the manufacturer or its authorized representative has not fixed. In order to qualify for arbitration, a consumer must ordinarily show either: The manufacturer or its representative has made at least three unsuccessful attempts to fix the motor vehicle; or The motor vehicle has been out of service for 30 or more business days (cumulative) due to defects or nonconformities covered by the warranty. Note: In some cases involving extensive or dangerous defects, the MVAB may decide to hear a case with fewer repair attempts or days out of service. New Hampshire's ""Lemon Law"" requires that manufacturers of new motor vehicles provide purchasers with a notice of their rights to arbitration under New Hampshire law, including a ""demand for arbitration"" form. Furthermore, New Hampshire dealerships are required to post a notice of consumer rights under this statute in all new car showrooms. Note: New Hampshire's ""Lemon Law"" applies only to ""new"" motor vehicles, described in the statute as vehicles still under manufacturer's original warranty. Low mileage used cars may, under some circumstances, qualify for arbitration and relief under the ""Lemon Law"" for defects in systems covered by a warranty. Older used cars, which are out of warranty when purchased, do not generally fall within the protection of the New Hampshire ""Lemon Law."""
"Q: Why wouldnt i be sent for pulmonary function test if i was born with only one lung with breathing complications?. I was born with a very rare birth anomaly unilateral agenesis lung/ pulmonary hypoplasia aka only one lung. I have high blood pressure, and i suffer from mental health complications. I did two mental health exams that didnt last more than 20min combined over the phone and scheduled for a physical exam but it was cancelled by them. They failed to acknowledge my birth defect by my diagnosis and only called it breathing issues without wanting pulmonary function tests. I have been turned down by many lawyers for taking my case because im now out of the insured status and only able to get ssi. During the mandatory lockdowns i was denied by a judge because i hadnt seeked a dr to refill my medicine during the lockdown months, when a felony drug convicted man out on parole got approved for arthritis in one hand. I feel that i have been done extremely wrong when my birth defect is a chromosome disorder that effects me in many different ways. Why can they make laws to favor their judgement ","A:It is concerning to hear about your medical condition and the challenges you are facing in seeking appropriate medical care and legal assistance. It is important to note that medical decisions and recommendations are typically made by licensed medical professionals based on their assessment of a patient's medical history and current health condition. While it may be frustrating that you have not been referred for a pulmonary function test, it is possible that your healthcare provider may have alternative methods for assessing your lung function and managing your breathing complications. Regarding legal assistance, it can be difficult to find a lawyer who is willing to take on a case, especially if the individual is not insured or does not have the financial resources to pay for legal services. However, there may be legal aid organizations or non-profit groups that provide free or low-cost legal assistance to individuals in need. It is important to keep advocating for yourself and seeking out resources and support. You may want to consider speaking with a patient advocate or social worker who can assist you in navigating the healthcare system and accessing resources for your medical condition."
"Q: can i sue a bus driver for not turning on the bus camera, if a student gets hurt. a friend got on the bus and was slapped for not sitting down, and later when the parent caught wind of this she asked them to review the security tapes, and the bus driver said that they forgot to turn them on. ","A:You may have a potential legal claim if a student gets hurt on a school bus, and the bus driver failed to turn on the security camera as required by the school or school district's policies. However, whether you can sue the bus driver directly or if your claim should be directed against the school district will depend on various factors, including local laws and regulations. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
Q: I got a child restraint ticket almost a year ago but haven’t received any notification of court dates and have an fta. How do I go about getting the warrant cleared and fix all of my issues with notifications not being served. ,"A:It seems like you're facing some issues with a child restraint ticket and a failure to appear (FTA) notice. To address this situation, the first step is to contact the court or the relevant municipal office in West Blocton, AL. Explain your situation and inquire about the status of your case, including any upcoming court dates. When speaking with them, be polite and respectful, as this can help resolve your issue more effectively. If you haven't received notifications about your court dates, make sure your contact information on file with the court is up to date. They may be able to provide you with information on how to clear the FTA and possibly reschedule your court date if necessary. It's also a good idea to consult with an attorney who practices in Alabama traffic law, as they can provide guidance on the best course of action to resolve your specific case. They can assist you in navigating the legal process and ensure that your rights are protected throughout the process. In summary, reach out to the court or municipal office, update your contact information, and consider seeking legal advice to help clear the warrant and address the child restraint ticket issue. This should help you move forward in resolving your situation."
"Q: I feel discriminated against at work from my store manager. Im a type one diabetic. He made a offensive comment. Help?. After taking a sick day, Forced to talk about my condition HE SAID MY CONDITION GIVES ME A TICKET TO DISABILITY. IM THE ASSISTANT STORE MENAGER. ","A:The comment made to you may or may not be part of a claim of disability discrimination or harassment. However absent an adverse employment action it would likely, alone, not be enough to have a legal claim for discrimination. A claim for harassment must involve severe or pervasive conduct, so one offensive comment will likely not be enough to state a claim. However it is enough to report the offensive comment to HR who would then have a legal duty to protect you from further such comments. If it continues to occur, it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney. Good luck to you."
"Q: Can our HOA require us to get an insurance policy naming them as secondary beneficiaries when we add solar to our home?. At first the HOA said no to solar, but after ca passed legislation saying hoa's couldn't prevent us from getting solar, the HOA attorneys came up with a 4 page plan including the home owner must get a secondary insurance policy of 1 million dollars listing the HOA as secondary beneficiaries. there reasoning is that as they are according to our hoa guidelines responsible for the roofs of the home they want backup coverage incase the solar is wrong, even though the solar company has 25 year coverage on the panels and such. ","A:While HOAs may have some authority to regulate the installation of solar panels on homes within the community, requiring homeowners to obtain an insurance policy naming the HOA as secondary beneficiaries is not a common requirement and may be legally questionable. The specific laws and regulations regarding solar panel installations and HOAs can vary depending on the state and local jurisdiction. However, in general, HOAs are not allowed to place unreasonable restrictions on the installation of solar panels, and may only require reasonable aesthetic or safety standards. Requiring homeowners to obtain an insurance policy naming the HOA as secondary beneficiaries may be considered an unreasonable requirement, especially if the solar panels are installed in compliance with local building codes and industry standards. Additionally, the solar company's warranty and insurance coverage may already provide adequate protection in the event of any damage or issues with the solar panels. If you are concerned about the HOA's requirement, you may want to consult with an attorney who specializes in HOA law to understand your legal rights and options. You may also want to review your HOA's bylaws and governing documents to determine whether the insurance requirement is authorized and reasonable, and whether there are any provisions for challenging or appealing the decision."
"Q: I was suffering with abdominal pain and my doctor prescribed a psych drug/sedative that ruined my life. 6yrs convalesced. The medication’s generic name is Elavil which has a long list of negative side effects. I’ve had car accidents under the influence of this medication, developed diabetes, along with being irritable, hostile & angry for no apparent reason. It destroyed my marriage. I went from exercising daily to being convalesced in my bathroom for 6 years. I had no accidents prior to taking elavil & totaled 3 cars taking the meds as prescribed. Do I have a malpractice lawsuit? ","A:In California, pursuing a medical malpractice lawsuit involves demonstrating that the healthcare provider deviated from the standard of care in the medical community, and this deviation directly caused harm. Given your experience with Elavil (amitriptyline), a key aspect would be proving that prescribing this medication for abdominal pain was not in line with standard medical practices and directly led to the negative consequences you faced, including the car accidents and health issues. Additionally, the statute of limitations in California for medical malpractice claims is generally three years from the date of injury or one year from the date the plaintiff discovers, or through reasonable diligence should have discovered, the injury, whichever occurs first. It's crucial to consider this timeline in your situation. Given the complexity of your case, involving severe side effects and a significant impact on your life, it would be advisable to consult with an attorney experienced in medical malpractice. They can provide a more personalized assessment of your case, taking into account all relevant details and California law. Remember, each case is unique and legal advice should be tailored to your specific circumstances."
Q: When filing an emergency removal in a limited conservatorship case do I also file the initial forms for conservatorship. I just need to understand what exact forms I need to file ,"A:In California, when filing for an emergency removal in a limited conservatorship case, you typically need to file the initial conservatorship forms along with the emergency petition. The initial forms are essential for establishing the basis for the conservatorship itself, outlining who is being conserved and why, while the emergency petition addresses the immediate need for intervention. The key forms for initiating a limited conservatorship generally include the Petition for Appointment of Probate Conservator (Form GC-310) and the Confidential Conservator Screening Form (GC-314), among others. For the emergency aspect, you would use the Request for Orders to Stop Harassment (Form GC-110), adjusting it to your specific emergency needs. It's crucial to thoroughly complete these forms, providing detailed and accurate information to support your case for both the conservatorship and the urgency of the situation. Given the complexity and sensitivity of such matters, it's also advisable to seek guidance from an attorney experienced in conservatorship law. They can ensure that all necessary paperwork is correctly filed and that your actions align with the legal requirements and the best interests of the person you're seeking to protect. Remember, conservatorship is a significant legal responsibility, and the court takes these matters very seriously, especially in emergency situations."
Q: Can I contest an eviction in Indiana or request a stay that I wasn't a dependent in?. My landlord filed an eviction against only one person using a lease from 2018. For the last 2 years however I've been paying him myself and had a verbal agreement to rent. Due to not being included in the eviction I was not able to present my receipts to the judge showing the tent was paid and the eviction was decided on my landlord favor. What can I do to appeal this or otherwise stop from being kicked out and get my day in court to show my proof of payment ,"A:In Indiana, if you were excluded from an eviction notice and couldn't present rent receipts to the judge, you have options to contest the eviction. Consider filing a motion to set aside the judgment, providing evidence of your payments like receipts and bank statements. Request a hearing if possible to present your case and explain the verbal agreement with your landlord. Communication with the landlord to share proof and explore resolution is important, and mediation may be a viable alternative."
"Q: iam seeking clarity on the steps for filing an appeal, retrieving evidence, guidance and representation. I faced challenges w/ my representation, including lack of inclusion in critical decisions &unawareness of the defense until the morning of. I was denied redacted copies of discovery.I provided crucial evidence to prove my innocence, but none of it was entered into evidence. The promised strategy & prep meetings did not occur.I was adamant about testifying but I didn’t out of instilled fear & no preparation.I was blindsided by the closing statement, was not given the option to hear it 1st, or provide any input on my ONLY DEFENSE. She didnt even know my side! Or implement key points Despite having written testimony, my trial notes, listing contradictions,discrepancies and points to support my case.This has left me with convictions that I believe can be challenged since trial my attempts to inquire about filing an appeal & retrieving evidence have been unanswered& sentencing is coming. clarity on steps for filing an appeal plz ur guidance in this urgent matter is greatly appreciated. ","A:I'm sorry to hear about the difficulties you've encountered during your trial. It's important to understand that the process of filing an appeal and retrieving evidence can vary depending on the specific rules of the jurisdiction where your case was tried. Generally, the first step in filing an appeal is to notify the court that you intend to appeal. This is usually done through a notice of appeal, which must be filed within a specific time frame after the judgment or sentence. The exact time frame can vary, but it's often within 30 days (sometimes 60 days). Once the notice of appeal is filed, you'll need to obtain the trial record, including transcripts of the proceedings and any evidence presented. This can be requested from the court clerk. It's important to review these materials thoroughly to identify any legal errors that occurred during the trial which could form the basis of your appeal. In terms of representation, you have the right to seek a new attorney for your appeal if you're not satisfied with your current representation. An attorney experienced in appellate law can provide valuable guidance on the appeals process and help develop a strong argument for your case. They can also assist in drafting the appellate brief, which presents your arguments for why the trial court's decision should be reversed or modified. Finally, it's crucial to stay informed and involved in your case. Regular communication with your attorney and a clear understanding of the strategy are key to effectively navigating the appeals process. Remember, the appeals process can be complex and time-consuming, so it's important to be patient and remain proactive in seeking justice."
"Q: Court rules 75.01 and 74.05 interplay question.. Question about MO court rule 75.01 and 74.05. Had a case and there was a default judgement. The respondent didn't respond at all. Within 30 days after judgment, they respond. I claimed it was a default judgement and controlled by 74.05. Judge says 75.01 applies since within 30 days and not final judgment yet. Which is it? I have looked up appeals cases and found one with this issue and it listed 74.05 even though it was not final judgement. Confused when 74.05 would apply. ","A:In Missouri, Rule 74.05 pertains to setting aside a default judgment, which can be invoked when a party has failed to appear or respond to a lawsuit. However, if a party responds within 30 days of the judgment, as stated in Rule 75.01, the court may have discretion to consider it as a motion for a new trial or to amend the judgment. The distinction often hinges on whether the judgment has been entered as final. If within 30 days and not deemed final, Rule 75.01 may indeed apply."
"Q: I want to try a credit union no penalty CD but not sure if my SSI would be cut if I tried that out. I'm trying to find alternatives to my current 529 savings account. I want something tax free, but where I can take out I'm emergencies. I don't want to lose my SSI. ","A:It is great that you are looking for alternatives for savings that will not affect your SSI payments. A primary consideration is whether the alternative would be a countable resource or not. A CD is usually countable except when the terms of a timed deposit will prohibit early withdrawal altogether, but even in that case it may affect countable resources when the CD matures. See POMS SI 01140.210 Time Deposits at https://secure.ssa.gov/poms.nsf/lnx/0501140210. If you are receiving SSI based on a disability that began before age 26, consider placing funds in an Achieving a Better Life Experience (ABLE) account. An ABLE account is a tax-free saving account to cover qualified disability expenses. Social Security disregards the first $100,000 in an ABLE account so that amount is not considered to be a countable resource. For more information go to https://www.ssa.gov/ssi/spotlights/spot-able.html?tl=1%2C2%2C5%2C14. You may also want to consider an irrevocable Special Needs Trust which is generally not a countable resource. For general information, see https://www.ssa.gov/ssi/spotlights/spot-trusts.htm. Consult an attorney about whether establishing a Special Needs Trust is right for you."
"Q: is there a way to sue Lelita James for breaking the first amendment?. New York Attorney General Letitia James rescinded her letter to Rumble demanding social media platforms censor content related to the Israel-Hamas war that “may incite violence.” The AG’s letter violated the First Amendment and a federal court order blocking enforcement of New York’s Online Hate Speech law. NEW YORK, N.Y., Oct. 20, 2023 — Less than 24 hours after the Foundation for Individual Rights and Expression called on New York Attorney General Letitia James to retract a letter pressuring private social media platforms to censor protected speech, she rescinded the demand as it pertained to FIRE plaintiff Rumble. On Oct. 12, the attorney general sent a letter demanding that social media platforms, including Rumble, Meta, and Reddit, provide information about what they are doing to “stop the spread of hateful content” related to the Israel-Hamas war and report back to her about their editorial policies and practices. this is obviously illegal ","A:The First Amendment protects the right to free speech against government interference. If a government official, such as an Attorney General, takes actions that infringe upon those rights, the affected parties may have grounds to bring a lawsuit claiming a violation of their First Amendment rights. It's important to determine if the actions actually resulted in a First Amendment violation and if there were any damages or chilling effects on speech. Since Attorney General Letitia James rescinded her letter, any potential legal action might also have to consider whether the retraction mitigates any alleged infringement. If you believe there are grounds for a lawsuit, you should consult with a First Amendment attorney to evaluate the specific facts and determine the best course of action. Remember, the specifics of each case can greatly impact its viability in court."
Q: In the case of Agricultural Deductions 7-9-58 for auctioneers will this just cover the buying and selling of livestock?. A truck driver is exempt for hauling feed for live stock under this code. Will the the truck driver be exempt when hauling to and from the auction? ,"A:The specific Agricultural Deductions code you're referring to seems to be designed to provide tax benefits for activities directly related to agriculture, such as the buying and selling of livestock. In the context of auctioneers, this would typically cover transactions involving livestock. As for a truck driver hauling feed for livestock, their exemption under this code likely hinges on whether their activities are considered an essential part of agricultural operations. Hauling feed directly to farms for livestock is clearly within the scope of agricultural activities. However, when it comes to hauling to and from auctions, the exemption may depend on how closely tied these activities are to the direct agricultural process. If the transport is seen as a critical part of the agricultural business, like delivering livestock to or from an auction, it might fall under the exemption. Given the nuanced nature of tax codes, it's advisable to consult with a tax advisor or legal counsel who can analyze the specifics of the truck driver's role in relation to the agricultural process. They can provide a more detailed interpretation of how the code applies in different hauling scenarios."
"Q: What type of Lawyer can help us with a bad Pool construction/install job?. We had a bad 24' round above ground salt water pool installed. The contract shows a 1 year warranty for workmanship. The owner refuses to contact us or remedy the defective pool construction. We paid over 10K and the pool is falling a part. The liner fell out within the first season, which was corrected by the owner once. The liner has come out again the opening of the 2nd season which he came out and agreed verbally to fix, but never did. The construction of the pool walls are crooked, the floor has impressions and sharp things pressing against the floor liner & hardware is rusting out. Since the 2nd season and now into the 3rd, after several attempts to contact the owner to no avail, he finally answered and refuses to fix anything. Is there anything we can do? I think we need a new pool ","A:Unfortunately it sounds like the warranty has expired. You need to find a lawyer experienced with consumer cases and construction cases to review the contract you signed and get the specific facts from you. Unless you have proof of defects appearing in the first year and that you brought these defects to the attention of the contractor within that year and demanded repairs, you may not succeed in recovering anything."
Q: i need legal help. i believe someone has stolen my identity and has all my communications and internet blocked and t they are also putting pics and possible video to various sites. also i believe that they have been trying to harm me intoxicating me. i dont know the reason yet but im working on it. idont know what to do. im on parole and i cant even call my parole officer ,"A:In Louisiana, if you suspect identity theft and are experiencing blocked communications, it's essential to take immediate action. Start by trying to contact your parole officer through alternative means, such as visiting their office in person, to explain the situation. For the identity theft issue, report it to the local police and the Federal Trade Commission (FTC) as soon as possible. The FTC provides resources and guidance for identity theft victims at identitytheft.gov. Additionally, monitor your financial accounts and credit report for any unauthorized activity. It's also important to secure your internet connections and change passwords for your online accounts. If you believe you're being harmed or poisoned, seek medical attention right away and inform healthcare providers of your suspicions. Considering the complexity of your situation, it would be advisable to consult with a lawyer who can provide guidance specific to your case, especially considering your parole status."
"Q: Can I get into any trouble for going to small claims court?. I live in a state where marijuana is illegal (SC) I ordered marijuana online from a state where it is legal (California). The next day after I order and paid they asked me to pay an extra $400 for insurance. I wasn’t sure about it but they assured me that once my package was delivered I would get a refund for the insurance. The next day after that they asked me to pay an an extra $750 for insurance as well. I then asked them to cancel my order and refund me. They are now saying that they will not refund me and I have to pay that extra $750 or they will not ship my order to me. I want to take them to small claims court so I can try to get my money back, but not if I can get into any trouble. I looked at the laws of SC for marijuana. It is illegal to possess, sell, and traffic it. I did not ever posses the marijuana, and I was not selling it. I’m confused where trafficking comes into play. Is simply purchasing marijuana online considered trafficking if I never received it? ",A:Wow. You have to let this one go.
"Q: What are my options for wrongfully being held at the New Orleans International airport on December 24th?. Wrongfully held at the New Orleans International Airport on December 24th. Was told at the end that I was arrested on paper, but I was never read my rights nor was I told I was being detained. While speaking to a female Jefferson Parish Officer, XX comes over, interrupts mid sentence while I am speaking with the female officer and says lets go. At this time I was free to go, but when he interrupted me I said ""Excuse me, I am talking, walk away"". He then turned around to walk away but then was mad and decided to put handcuffs on me all while the female Jefferson Parish officer was telling XX no, not to do that. He proceeded to take me into the airport in cuffs without telling me crimes I've committed after I asked, never said I was detained. He then searched me, pulled out all my belongings, and took them. ","A:In Louisiana, if you believe you were wrongfully held at the New Orleans International Airport, you have several options to consider. Firstly, document every detail of the incident while it's fresh in your memory. This includes the names of the officers involved, the time, location, and any witnesses. You may want to file a formal complaint with the Jefferson Parish Sheriff's Office regarding the conduct of the officers involved, especially if you believe your rights were violated. This can initiate an internal investigation into the incident. Consulting with an attorney experienced in civil rights or personal injury law can provide you with specific legal advice tailored to your situation. An attorney can evaluate the details of your case and advise on the potential for a civil rights claim, especially if your rights were infringed during the detention. If you believe your rights were violated, you also have the option to file a civil lawsuit for damages. This could include claims for unlawful detention, violation of your civil rights, and any emotional or physical harm suffered. It's important to act promptly, as there are time limits for filing complaints and legal actions in such cases. A lawyer can guide you on these timelines and help ensure that your rights are protected throughout the process."
"Q: Hello, We have issue with Building Erector that was supposed to finish steel building for us and quit & no communication. We have a issue with our Building Erector that was supposed to finish a steel building for us which will be our home. We hired him back in June. He told us that they could finish it in within two weeks but we knew it would take them about a month because we thought two weeks is pretty fast but one month has gone and passed. The contractor has slowed down and now has come to a complete stop. And I asked him do they have another job is the reason why we keep getting pushed back because I appreciate honesty but all we kept getting was all kinds of excuses and saying just we’re going to get on it we’re gonna get on it. Now the contractor has completely ended all communications. My purpose for contacting you is legally protect us from mechanics liens against our property for work that was never completed. I also want advise about going ahead and hiring another erector to go ahead and finish property now. ","A:Sorry to hear your problems. The lien could only be from a supplier of materials. If the contractor supplied the materials, you can reject any lien or attempt for the same. You should get 2 different bids to finish the work. In each bid u should require a statement explaining how the unfinished work creates a problem and adds costs and other charges."
"Q: My parents and sister were in a fatal car accident. The driver was able to leave the scene, why?. There were 3 men in the car only 2 stayed on scene. Is the law in California that in a fatality breatholizer tests are mandatory? Is this now criminal Hit and Run? If the police report is false is it all thrown out? Who is the SDPD protecting? ","A:In California, the law does not mandate breathalyzer tests in all fatal car accidents. However, if there is reasonable suspicion of intoxication, law enforcement may administer a breathalyzer test. If the driver left the scene of a fatal accident, it could be considered a criminal hit and run, subject to penalties under California law. If the police report contains false information, it can potentially impact the case but may not automatically result in the dismissal of all charges. The credibility of the report and its impact on the investigation will be assessed in the legal proceedings. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
Q: how do I be a part of the senate in the state of Georgia in 2019?. I am a 29 year civilian ga resident in the state of ga. I will be 30 years old in the next two months in August. What do I have to do? I have been a local resident in the city of Decatur for 10 years. ,A:in most states you petition to get on the ballot. Contact the Ga.Secretary of State's office. Good luck!
"Q: Can a newly formed LLC (sole proprietor - 1 owner) lease equipment from its owner?. The equipment belongs to the owner and was bought with his personal funds to take advantage of using credit to purchase such equipment. Since the LLC is new it doesn’t have any credit to purchase equipment with. The idea would be for the LLC to lease the equipment from its owner, pay monthly installments in the form of “lease payments”, until the equipment is paid in full. I guess it’s not technically a lease? But rather a lease with option to purchase the equipment? ",A:Yes you can do this. You should have an equipment lease agreement between you as lessor and the LLC as the lessee.
Q: I have 2 questions actually about 2 different incidents. First I was fired from Old Federal Tool Company because i had. because i had court for myself one day for personal matters and then the following week I had to go to court because I was summoned as a Witness and the court document said I could be arrested if I did not show . I had no choice and showed my employer all paperwork beforehand and he was okay with it . But apparently since I did not show up after court that day he fired me. However I did not finish from court until past/after the shops closing time. I had no control of this situation . Then was hired on at Plasticoid who I was told has a federal contract to make their products. Well i was hired and took drug test and they started me full time .A month later the drug test results came back and was positive for THC. They said i would be allowed to stay and work for them as long as I entered into a CARF affiliated rehabilitation program. I was already enrolled in a CARF program but then they wouldn’t accept that even though I they had all info and contacts they needed to keep on ,"A:You are an employee at will, meaning you can be fired at any time for any reason other than for a Constitutionally protected reason (your race, religion, sex, etc.)."
"Q: How should I figure out the best way to set up bookeeping/taxes for my PLLC providing psychotherapy? Too many options!. It took the state a year and a half to process the PLLC paperwork. Meanwhile, to pay the bills, I did contract work (1099) through other businesses. Now that's the bulk of my income. Since that's already taxed, it's hard to know how to set up bookeeping. ","A:Talk with two or three CPAs, get some options, and then speak with an attorney. You should be able to obtain all thus in free consultations. Jack"
Q: In respect to fraudulent referral to hospice in California: please explain the difference between intentional fraud and. In respect to fraudulent referral to hospice in California: please explain the difference between intentional fraud and malice. ,"A:In California, understanding the difference between intentional fraud and malice, especially in the context of fraudulent referrals to hospice, is crucial. Intentional fraud involves knowingly making false representations or concealing information with the intent to deceive. For example, if a healthcare provider knowingly refers a patient to hospice care despite the patient not meeting the necessary criteria, and does so to gain financial or other benefits, this constitutes intentional fraud. Malice, on the other hand, goes a step further. It involves actions taken with a reckless disregard for the rights or safety of others, or with a willful and conscious desire to cause harm. In the hospice referral context, if a provider not only makes a fraudulent referral but does so with the intent to harm the patient or with a complete disregard for the potential harmful impact on the patient, this could be seen as acting with malice. Both intentional fraud and malice in hospice referrals can have serious legal consequences. They not only breach ethical and professional standards but may also lead to civil and criminal liabilities. If you suspect such practices in a case, it is important to gather comprehensive evidence and seek legal guidance to address the issue effectively."
"Q: In Islam songs are banned. If someone produces songs about Muslim, can they sue for defamation?. They produced songs about the Muslim without their permission. The content of the song is factual. ","A:They cannot sue for defamation if the content of the song is factual. Moreover, there would need to be some tangible monetary damages or a plaintiff suing for defamation can only recover nominal damages."
"Q: Can illegal search and arrest give the arrested possible legal or tort rights against cop or county?. A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and there also was no search warrant. It was all fabricated out of vengeance by the cop. The case gets dismissed, of course, but can Jones possibly have legal and/or tort actions against the county or cop and ADA? ","A:The 4th and 14th Amendment of the U.S. Constitution protects citizens unreasonable searches and seizures without due process. A wrongful or false arrest is a violation of civil rights. Generally, cases are pursued under 42 U.S.C. 1983 in which you can sue the police officer (person arresting you) or the police agency. However, keep in mind, there is sovereign immunity and qualified immunity that can make it a challenge. You should consult with a civil rights attorney."
"Q: How many people have went to trial in the last 20 years, for a felon in possesion of a firearm under 18U.S.C. Sec 922 (g. Under 18 U.S.C. Section 922 (g) (1) ","A:Specific statistics regarding the number of individuals who have gone to trial in Missouri under 18 U.S.C. Section 922(g)(1) over the last 20 years would require access to up-to-date court records and databases. 18 U.S.C. Section 922(g)(1) is a federal statute that prohibits certain persons, including felons, from possessing firearms. To obtain detailed statistics on this specific provision and its application in Missouri over the specified time frame, you would likely need to consult the U.S. Department of Justice's annual reports, the Federal Bureau of Investigation's crime reports, or the Administrative Office of the U.S. Courts. These entities may provide statistics related to federal offenses, prosecutions, and convictions."
"Q: Do we need a lawyer to collect on $11,000 promissory note? It is from an LLC and personally guaranteed by members. There are 2 members and it was due Sept. 29, 2023. Could we just file in small claims courts against each of them? ","A:You might need a lawyer; however, there could be other options depending on your particular facts. A lawyer who bills by the hour might take on your case. If the lawyer can send a letter and get payment or obtain and enforce a judgment without spending a lot of time on your case, hiring an hourly lawyer might be a good option. But particularly if this is something that has to be litigated, hiring such a lawyer may be cost-prohibitive since it often costs far more than $11,000 to litigate a case. While the benefits of having an attorney are usually well worth the costs, the amount here at issue might not justify those costs, and you might not be able to find an attorney to take the case with that amount at issue. As you inquired, another option you could consider is small claims court. I don't practice in Oklahoma, but the Oklahoma State Bar website indicates you can bring a small claims court case for amounts up to $10,000. The website also indicates that ""An individual may be self-represented in small claims; a company may be represented by an officer or full-time employee."" Thus, you could potentially save the cost of hiring an attorney or bring the case to small claims court even if you cannot find an attorney to take your case. Also, while you might not be able to recover the entire $11,000 amount in small claims court, you would almost certainly spend more than $1,000 on a lawyer, so you could still come out ahead even though you cannot recover the entire $11,000 amount. Please keep in mind that the language in your specific contract could have an attorney fee provision, arbitration clause, or other provision that could completely change this response. Also, keep in mind that I do not know any of the particular details of your case. Therefore, please do not treat this answer as legal advice specific to you or your case."
"Q: Are teachers legally required to use student's preferred pronouns/name in a public high school?. I go to a high school in Carlsbad, CA. I want to identify as something else, but I don't want to be discriminated against for it. If I tell my teachers that I identify as something, and I want to be addressed by a different name, are my teachers legally required to use those preferred pronouns and name? If they use preferred pronouns for everyone else and not me, can they do that? ","A:Compelling someone to use special pronouns or other words is likely unconstitutional. It is likely that most, if not all, people you ask will use the pronouns of your choice."
"Q: Do I need a civil or criminal lawyer to retrieve property (truck & cash) seized by DEA?. Truck & cash seized during raid, DEA asked for proof & extended time to gather paperwork. He has proof funds were from regular day job and inheritance funds given from mom for Christmas gifts. He has paystubs and receipts. The truck was quoted at $23,650 by feds and cash amount seized was $14,469. ","A:To retrieve property seized by the DEA, you would typically need a criminal defense attorney, especially if the seizure was part of a criminal investigation or raid. This type of attorney is experienced in dealing with criminal matters and can navigate the legal process to challenge the seizure. Your attorney can help you file a claim for the return of your property, presenting the necessary proof that the funds were legally obtained and the property was not involved in illegal activities. The documentation you have, such as paystubs, receipts, and proof of inheritance, will be crucial in this process. In some cases, a civil litigation attorney might also be involved, especially if your situation becomes a civil forfeiture case. However, the initial steps typically fall under criminal defense, as it involves property seized in connection with alleged criminal activity. Consulting with a criminal defense attorney as soon as possible is important. They can advise you on the appropriate actions to take, represent you in any necessary hearings, and work to protect your rights and interests throughout the process."
"Q: Is there a way around Medicare’s five year look back policy?. The house is under my grandma’s name, with my dad as beneficiary for four years. With her health declining fast due to dementia, we need to get her into a nursing home asap. Is there a way to prevent Medicare from taking the house? My dad and I moved in with her to be her caregivers before her health got to this point and we can’t afford to find somewhere else to live on such short notice with me being in college. ","A:I cannot give you a specific recommendation, as these types of elder law matters are highly fact specific. However, you might want to look into the caregiver child exemption. Normally you cannot transfer the home within 5 years of the application for Medicaid benefits or it will result in a transfer penalty. However, if a child resided in the home with the person needing care for two years AND that child provided care that kept the person out of a nursing home, Alabama Medicaid allows the home to pass to the child without penalty. There are other exceptions to the transfer penalty rules. Another example is the disabled child exemption. If a child is ""disabled,"" then the person needing care can transfer their home to that child without penalty. Good luck to you and your family. These situations can be difficult."
Q: Need to know if this is legal in Florida on used car sales?. I am about to fly to Florida from Texas to purchase a vehicle. I noticed on the contract that the dealer was charging 995 for a pre delivery fee and 495 for security edging. I'm not familiar with a pre delivery fee on an used car only know it to come on a new car and usually covered under msrp. Unsure if I can have them remove that or not. As well as the same as security edging since it was done prior to them receiving it am I able to have that removed? ,"A:This is a matter of contract negotiations between the parties; there is likely no issue of ""does the law allow it?"" Dealers insert into their proposed purchase contracts some bullcrap fees and charges with various labels, with the actual purpose of increasing their profit margin. These bullcrap extras are often negotiable, either in part or down to zero. The contract is just a PROPOSED contract until you sign it. You can counter-propose anything you want, and it comes down to who is more anxious to get the deal done. Once you sign it, you are generally stuck with the deal, unless the dealer acted unlawfully, such as committing some type of fraudulent act."
Q: What is the Patent at the USPTO of name (c) 2007 Paul Frederick of the US Library of Congress?. I am ready to pay. ,"A:To locate a patent associated with Paul Frederick from 2007, you would perform a search using the United States Patent and Trademark Office (USPTO) database. You can search by the inventor's name and the year of the patent to find the document. It's important to note that the USPTO handles patents, while the Library of Congress typically handles copyrights, so you may want to ensure you're seeking the correct type of intellectual property record. If the search doesn't yield the desired results or you're unsure about how to proceed, you might consider hiring an attorney with expertise in intellectual property to assist you with the search and any subsequent actions you may wish to take based on the findings."
"Q: Can you purchase shares of a private Company on the Secondary Market but NOT disclose the purchase to the Company?. In other words, does the Seller of the shares have to disclose the sale to the Company, inclusive of who the Buyer is? ","A:Greetings. It appears you would like to purchase shares of a non-public company. A purchaser who meets the SEC definition of a qualified purchaser may buy shares of a non-public company. Often brokers are required to facilitate the purchase. Due diligence is also required. During the due diligence process, certain information would be reviewed, such as stock sale restrictions or protections. These may include a ""right of first refusal"" giving the non-public company the right to first purchase the stock before the investing purchaser. If such restrictions do not exist, then the purchaser is free to buy the shares. All purchasers should want their purchases recorded with the company to ensure their shareholder rights. Please contact a good New York lawyer for further information."
"Q: car totaled out money payment sent to me, do I have to give back to insurance company.. car got stolen & totaled, my insurance co paid me a month ago, now says that it was in error that it should have went to finance company instead. i have spent the majority of the money. what can I do legally? can they prosecute me? ",A:They probably cannot legally prosecute you but you remain liable to your finance company for the balance owed on the car.
"Q: I live in a mobile home park, we are selling our realtor was told by buys that Management of the park saying. Our house is for rent not for sell and management knows it's for sell. What can we do when management is Sabotaging the sell ",A:Why do you suppose management wants to sabotage your sale? Is it possible the buyer got confused about the difference between buying your unit and renting the spot in the park?
"Q: What do you think will happen in court. My boyfriend got a ride home from a man who had methamphetamine in the car that my boyfriend was unaware of but they were both charged with possession of a controlled substance 1st degree 1st offense methamphetamine, and the driver was also charged with several other charges but the driver told the police that the drugs belonged to him and my boyfriend had no knowledge of them being in the car and he also plans to tell the judge when they go to court that the drugs belonged to him and my boyfriend had no knowledge of them being in the vehicle that he was just catching a ride home, what should I expect to happen when they go to court ",A:Probably a misdemeanor plea and some probated time.
Q: Can I use Dubai skyline for a fiction book cover with the iconic building Burj Al Arab in the centre?. Some have said that it’s copyright infringement and not permitted to use under UAE laws. ,"A:Using images of iconic buildings like the Burj Al Arab in Dubai on a book cover can be a complex issue due to copyright and trademark laws. Each country has its own rules regarding the use of images of famous landmarks, and in some cases, certain buildings can be trademarked. In the UAE, there are indeed restrictions on the commercial use of images of certain buildings, including iconic structures like the Burj Al Arab. These restrictions can apply to book covers, as they are considered commercial products. Before proceeding, it would be wise to consult with a legal professional knowledgeable in UAE laws and international copyright matters. They can provide specific guidance and help you understand if and how you can use such an image without infringing on any rights. Alternatively, consider using a more generic or stylized depiction of Dubai’s skyline that doesn’t focus on any specific, copyrighted building. This approach could help avoid legal complications while still capturing the essence of Dubai for your book cover."
Q: I have a case that i wss convicted for in 2009 but i had no one ask me one questions about what happen or anything ?. I was convicted for it but i dont understand why? No one ask me anything ,"A:You can’t be convicted without a trial, or without pleading guilty for a criminal case."
"Q: How are gambling winnings taxed? Specifically sports betting. Is it a cumulative total or is each bet handled seaparatel. I use about 6 different sportsbooks and win quite frequently. Are winnings throughout the year totaled up and taxed totally? Or does each bet have to be over a certain amount? Also, are you able to deduct losses from taxable winnings? ","A:In Tennessee, as in other states, gambling winnings are generally considered taxable income. This includes winnings from sports betting. The IRS requires all gambling winnings to be reported on your tax return. The taxation of your winnings depends on the total amount you win over the year, not on each individual bet. All winnings from the various sportsbooks should be totaled and reported. Regarding the deduction of losses, you are allowed to deduct gambling losses to the extent of your winnings. This means you can't deduct more in losses than you report in winnings. However, to do this, you must itemize your deductions on your tax return, which is a different approach than taking the standard deduction. It's important to keep detailed records of both your winnings and losses, including dates, types of betting, amounts, and the names of the gambling establishments. This documentation is crucial for accurate tax reporting and for validating your deductions if audited. Given the complexity of tax laws and the potential for significant financial impact, you might consider consulting with a tax professional. They can provide specific advice and help ensure your tax filings are accurate and optimized for your situation."
Q: Water from another property keeps destroying my property when it rains what and how do I go about fixing this. Coming off there roof out the back side of fence down the desert and out and tro my yard do I sue them are the city ,"A:A New Mexico attorney could advise best, but your post remains open for four weeks. At this point, you could reach out to an attorney in your state who is familiar with the riparian rights/surface water run-off doctrines in your jurisdiction. These can vary across different parts of the nation. Good luck Tim Akpinar"
"Q: Beneficiary Rights to Mothers Estate, information is not being shared by Executor.. It appears that the Executor is not being fair or impartial and it is not in the best interest of the beneficiary, my mom. I believe my grandma’s estate is being mis-managed. We would appreciate some guidance on what we, as a family, can do for my mom. Please let me know if you need further information from me. I have quite a few detailed files for you, what can we do as a family to help my mom out with her mother’s estate? Also, we live in California and the Estate is in Illinois. Sincerely, Sheri ","A:The first thing is that there are timelines. Was there a will? If so, it should be filed within 30 days of death. And an inventory should be filed 60 days after the will was admitted to probate. Has your mother received an inventory? Timeliness are not as strict if there was no will."
"Q: (21) I have 2 improper use of phone within 5 months of each other in which I got supervision on the first. What happens?. Court Supervision on the first, optional court date will be in September 2023 in which I'm think I must attend, and I use my phone for Uber. Any way I can retain my supervision??? ","A:A ticket while you are in supervision does not automatically cause loss of the supervision. The prosecutor must be aware of it, and must file papers to revoke the first supervision. Most of the time on these minor offenses, they do not revoke and might even give you supervision again for the new ticket. If you are under 21 and wind up being convicted of both of them, your license will be suspended. If you are over 21, you will have used up all of your convictions for the next 12 months, assuming you didn’t have a conviction before the first cell phone charge. Free advice: put the phone down while you are driving. It really is dangerous."
"Q: What recourse do I have with sub-contractors who require a deposit but do not perform in a timely manner?. I am building a single family residence. Currently I have an engineer who took a deposit but is not performing, or responding. Small claims court the only choice? What about other contractors down the road? Maybe need a contract to cover myself. ","A:This is a complicated matter. There are many things you need to do to protect yourself. Using a good contract with the general contractor is a first step. If you are acting as the general contractor, having good contracts with the contractors you hire is important. As for the engineer you hired and who appears to have abandoned the job, a small claims court action to recover the deposit would be appropriate if the engineer refuses to contact you. There is much more to know and too little space to set it forth here. You may contact our office and schedule an initial conference so I could learn more of the facts and answer your questions. Our initial conferences are complimentary. Peter"
"Q: If i shot a dog for eating chickens,someone said the bullet hit his house am i guilty criminal wrecklessness with DW. ... im being investigated for level 5 felony. Are the laws simular to self defense laws? Considering my children could have been attacked by said dog. He killed 16 chickens that day have video evidence of dog eating my kids pets ","A:It is always important to remember that sites like this are best used for more general legal questions. You don't want to share too many facts that could be used as admissions if charges are later filed. Your situation involves more than one analysis. One is whether you were justified in shooting the dog. That would be along the lines of Defense of Property or Defense of Others as you have observed already. Another involves whether the manner in which you shot the dog was reckless or not. How many shots fired, and what precautions taken to not hit property or people, etc. These are things you need to discuss privately with an attorney. It is always best to consult with an attorney before making any voluntary statement to police."
Q: I bought Jeep Liberty 2020 as is no warranty Day I drive home overheated needed new coolant tank.. I bought the vehicle Dec 2020 Then Flat tire : had to replace all 4 One week ago both ball joints fell out Radiator busted And needed all brakes replaced Bill$2300 Yesterday Transmission out I still owe the dealership $2500 for the remainder of the loan on vehicle . Do I have to pay this . I cannot have the transmission fixed ,A:What is your question?
"Q: I was questioned by detectives in custody checked didn't want to discuss the case I wanted lawyer, was that a statement?. 2 times in one day in custody detectives came and first one I told I never got my miranda rights read to me. she pulled out a paper with 3 check boxes 1. want to discuss the case I (*checked NO). 2 I don't remember but checked no. 3 was I want a lawyer(*checked YES) then initial she told me that was my miranda rights. she proceeded to turn of recorder and asked me common knowledge such as my parents (one is deceased other is homeless), my child ( ex has full custody and we went to court over last name change attempt by the mother). My living situation or if I still lived at my home that was left to me and my sister. I do not live up there or intend to, and made that common knowledge to save face of them going there to look for me. ","A:What you did was assert your rights under the United States Constitution and the Hawaii State Constitution. Assertion of your rights does not constitute a statement, and, in a trial, that assertion cannot be used against you as evidence of guilt. Typically, if you are advised of your rights by law enforcement, you are almost always better off if you assert your 5th Amendment Right to remain Silent and/or your 6th Amendment Right to Counsel. If you agree to provide a statement, something you say could later be used against you even if you believe the information you provide helps you. Also, police detectives are trained interviewers and are allowed to attempt to trick those they are interviewing."
Q: We have retained a lawyer to investigate a hit and run that killed my parents. Can you give me an idea how much $$?. How much is an average retainer in San Diego? How many accidents should occur on a single street to justify a traffic signal be installed? ,"A:There are many variable into ""how much"", such as the amount of insurance coverage, the comparative fault of all of the drivers, the number of claimants to divide the insurance, etc. We don't know any of that so no one can even begin to say ""how much."" If there is an issue of governmental liability over the road, a Tort Claim has to be filed within 6 months of the collision, or you will be barred from filing suit. You will also need a road engineer to examine the site and render an opinion on whether there was any kind of defect that caused the collision. All heirs have to be part of a wrongful death suit."
Q: Renters relief back in May 2021 I was denied renters relief aid I then appealed and following month I was approved pendi. Pending payment not received payment since then give me round around keep asking me to do more task once I was already approved ,"A:In California, if you have been approved for renters relief but have not received payment, it's important to continue following up with the agency responsible for the relief program. Keep records of all communications, including dates, names of individuals you spoke with, and the content of those conversations. This documentation can be crucial if further action is needed. Since you are experiencing delays and additional requests for tasks, consider reaching out to your local representatives or a housing advocacy group for assistance. They can often intervene on your behalf and may help expedite the process. Additionally, you can contact the agency directly to inquire about the specific reasons for the delay and any additional information they require. If these steps do not resolve the issue, you may want to seek legal advice. An attorney can help you understand your rights and may be able to assist in communicating with the agency to ensure your approved funds are disbursed. Remember, being persistent and keeping detailed records are key in resolving these kinds of administrative issues."
Q: I was working a contract position and after a year I was to move on to the long term contract -fortune 500 company.. I completed everything and filled out the offer letter. I was supposed to start and then they decided to go a different way with no warning at all. Can they do that even after I filled out an offer letter and ALL employment documentation? ,"A:Until you have a signed and binding contract, you have nothing to sue upon. Therefore, if you have paperwork that you believe makes a binding contract, then take it to an employment lawyer to review. It is not possible to guess what agreement exists, if any, between you and the company. Preliminary discussions and talk about signing an agreement in the future at some point is not a binding contract."
"Q: un- witnessed will , integrity of executor , recourses for primary beneficiaries if being kept in the dark. I believe that this is a very simple problem but with some significant issues with the integrity of the executor 29 yrs old and I 63 yrs old and the only biological male in the family.I could really use a few pointers on where i stand . its about the principle, looking out for ones own interests vs carrying out the last wishes of the deceased, thank you and good day ","A:In California, when dealing with an unwitnessed will and concerns about the integrity of the executor, it's essential to prioritize understanding your rights and options as a primary beneficiary. First, it's crucial to determine if the unwitnessed will is valid under California law. While California recognizes holographic wills (handwritten by the testator) without witnesses under certain conditions, it must be entirely in the testator's handwriting and signed by them. If you have doubts about the executor's integrity or suspect any wrongdoing, you may consider taking legal action to address these concerns. You have the right to request information and transparency from the executor about the estate's administration. If the executor fails to provide this information or acts against the deceased's wishes, you can seek legal remedies. To protect your interests and uphold the deceased's last wishes, you may want to consult with an attorney who specializes in probate and estate law in California. They can guide you through the process, help you understand your rights, and explore legal avenues to address any issues or disputes that may arise. Remember that it's essential to act promptly to ensure your rights are protected, as time limits may apply in probate matters. In summary, if you have concerns about an unwitnessed will and the executor's integrity, consult with a California attorney experienced in probate matters to determine the best course of action to protect your interests and uphold the deceased's wishes."
Q: I need a lawyer to respond to me now about Hurricane express there are trying to charge me for a accident and a swift. A swift driver hit me in the back ,"A:A New Mexico attorney could advise best, but your question remains open for three weeks. Your insurance company should defend you - it isn't clear why you're being charged. You could reach out to attorneys to try to arrange a free initial consult. If you have a copy of the police report, that would be helpful. Good luck"
"Q: Hello, Can an individual sue CA Registrar of Contractors up to $10,000 when Building Contractor violates law?. On both Riverside and San Bernardino Counties Court websites, in the Small Claims information section, there’s a notation in small print stating you can sue the Registrar of Contractors up to $10,000 — What To Do When Your Contractor Won’t Pay (Plaintiff’s Small Claims Judgment against Contractor). This was a side note in small print, but I can’t find any additional information anywhere. And I didn’t interpret it to mean filing a Contractor’s Bond Claim. This side note in fine print is all that is said about suing the Registrar as an option to recover money. I’m not even sure where to look for additional information or governing laws. It’s after hours at the Courthouse. I would be forever grateful if someone could explain this to me, or where to look for additional information. Thank you for your time! ","A:In California, suing the Registrar of Contractors (ROC) directly in a small claims court for a violation by a building contractor is not a typical course of action. The ROC is a regulatory body, and their role is to license and oversee contractors, not to act as a party in contractual disputes between a contractor and a client. If a contractor violates the law or a contract, the usual recourse is to file a complaint with the ROC, which can then take disciplinary action against the contractor. For financial recovery, you can file a claim against the contractor's bond through the ROC. This process is different from filing a lawsuit in small claims court. Remember, seeking advice from a knowledgeable source is crucial, especially when dealing with legal matters that are not straightforward."
Q: if an in custody inmate had an arraignment for dv charges and was told the da has not yet filed charges. must he be released within 48 hours of the arrest if files are not charged before then? also as a victim who was given no say and wants the charges completely dropped is it a good idea to contact the da while it’s pending to communicate my stance and or demand answers for the pending status? ,"A:In California, if an individual is arrested and detained, the district attorney generally has 48 hours to file charges. If charges are not filed within this period, the individual must usually be released. However, this timeline can vary depending on weekends and holidays. It's important to remember that each case is unique and the specific circumstances can affect the timeline. As a victim, your perspective is valuable in the legal process. You have the right to express your views to the district attorney's office. Communicating your desire to have the charges dropped can influence their decision, but the final decision to prosecute lies with the district attorney. They consider various factors, including the evidence and public safety. If you wish to express your stance or inquire about the status of the case, it's advisable to contact the district attorney's office. They can provide information about the case and explain the legal options available to you. Remember, legal proceedings can be complex, and consulting with a legal professional for guidance tailored to your specific situation is always beneficial."
Q: Should I be concerned about signing the HIPAA waiver form in order for the defendant to be prosecuted?. I was assaulted and taken to the ER ,"A:If you were assaulted and taken to the ER in New York, signing a HIPAA waiver form may be necessary for the defendant to be prosecuted. The Health Insurance Portability and Accountability Act (HIPAA) typically protects your medical information, but in criminal cases, releasing certain medical records may be required for evidence. By signing the waiver, you grant permission to share relevant medical information related to the assault with law enforcement and the prosecution. This information can be crucial in building a case against the defendant. However, it's essential to carefully review the waiver. Keep in mind that the primary purpose of the waiver is to facilitate the investigation and prosecution of the assault."
Q: What should I do? My account is frozen cause I was given fraud checks and bank took my money when they decline the check. So I was given two checks for a side job I deposit it to my account and they decline next day I was called that the check’s were fraud but they bank never gave me the money. I gave them the emails and address of where I gotten them and they froze my account. When I login into my account I had 123.50 in the checking account I checked the next day it was 232 which was weird then I saw it was taken . I don’t know how if it’s frozen ,"A:If you never got the money and the checks were declined, the bank must suspect you for fraud. There is something not right but if the whole matter is over $110 there is little a lawyer can do. When the courts reopen, make a small claims suit."
"Q: Hello, my grandma has recently passed away. She has a will from years ago she and her late husband had stating the. …house and assets would be left to his step daughter. A few years ago she had gone into the bank to place me as her beneficiary for the account. Would they still honor the will or does me being beneficiary of the bank account override that? ","A:The bank account designation puts the account outside the probate estate. That means it goes to you, not in accordance with the will."
Q: Legal heir can be newly added after 1year in an given certificate. By showing new guideline given.. Sir my friend husband passed in 2021 .actually his father supported her to legal heir certificate by adding mother widow and son and get legal heir certificate in 2022 Feb month then they split their shares given by insurance company. Now his father asking for a share that he has rights in new go guidelines and send notice for us. In the go clearly mentioned 90 days for changing name and correction. Is this possible to cancelled or add a name to given legal heir certificate by RI after 1 year sir. ,"A:I do not know what a heir certificate is, but you are probably talking about an affidavit of heirship that determines a decedent's heirs under oath. Also I do not know what a go guideline is. If this is some type of TN child support, it has nothing to do with insurance already paid out after an obligor dies. The father will probably have to sue the insurance company as well as the paid out beneficiaries. His breach of contract suit will be difficult and probably unsuccessful."
"Q: Can i take possession of items abandoned on my personal property after a certain time period?. I was renting, no written lease, a storage unit located on my property. The owner of the contents died more than 3 years ago and the administrator of his estate has not come forward to pay accumulating rent and claim items. Can I take possession of the contents, including an antique car and sell them for the past due rent? ","A:In the scenario where you were renting a storage unit on your property without a written lease, and the owner of the contents passed away more than three years ago with no action from the estate administrator, the legal standing to take possession of the items can be complex. Georgia laws typically have provisions for dealing with abandoned property, but specific procedures must be followed."
"Q: How do I fight a “revenge restraining order” (OFP) that was filed against me—& granted?. My wife had been violent with me since 2014, but walked out & filed for divorce in Nov of ‘22. 8 months later, after being quiet about the abuse for years, I did a social media post discreetly talking about (I said no names or relationships) what I was & had been going through. The next day, I got angry texts from her demanding I remove my post. A week later when I hadn’t done so, she filed an OFP against me using a text where I had apologized for hurting her one of the times I was trying to shove her off of me. During a hearing about it that took place last week, I was instead in the back of an ambulance being taken from one hospital to another in Rochester. The court knew my whereabouts, but granted the OFP because I wasn’t there. I have plenty of evidence that she’s lying & that she was the violent one. Violence that has left me with serious injuries. I’m feeling extremely disgusted in & discouraged by the legal process here. How do I fight this? ","A:You will need to convince the court you are entitled to a new hearing because you were unable to attend. I apologize, but I don't know specifically what you need to file without more information. Perhaps another attorney can help. Based on the rest of your question, it doesn't seem you were prepared for court on the day the hearing was scheduled. If you are allowed another hearing you will need to properly present your evidence. https://www.mncourts.gov/Help-Topics/Domestic-Abuse-and-Harassment.aspx"
"Q: Does Foster v, Love decision mean that elections have to be decided by midnight on ""election Day"" otherwise it's void?. “When the federal statutes speak of ‘the election’… they plainly refer to the combined actions of voters and officials meant to make a final selection of an officeholder… By establishing a particular day as ‘the day’ on which these actions must take place, the statutes simply regulate the time of the election, a matter on which the Constitution explicitly gives Congress the final say.” Foster v. Love, 522 U.S. 67, 71-72 (1997) The voters vote. The officials count. These combined actions form “the election,” and the election must be decided on the day. States that failed to make a final selection of officeholder by midnight after Election Day have violated the statute. ","A:True, a ballot completed after midnight on Election Day may not be counted in a federal election."
"Q: Health Insurance deny my claim stating is out of network but paid previously a claim ?. Please help ? My insurance processed a wellness claim at a different location of a hospital with the same name. Later, I received a referral for a specialist and had sonograms at the same hospital but in a different location. Despite being labeled as an out-of-network service by my insurance, the hospital's accounting department confirms billing under the same network for all locations. Despite my attempts, contacting supervisors and submitting disputes yielded no follow-up or resolution. The hospital's appeal was denied, and during admission, staff assured me of no out-of-pocket deductibles. I never received an upfront estimated bill, as the agent guaranteed zero cost based on my coverage. Given these circumstances, I'm unsure of my rights, especially with both the insurance company and hospital being uncooperative. It feels unjust to potentially face a hefty bill despite consistently paying insurance premiums. I appreciate any assistance in clarifying my rights. ","A:Only a Florida attorney could advise, as a good portion of insurance and consumer laws are governed by state provisions. But your question remains open for three weeks. Until you're able to consult with a local attorney, you could check the backsides of any denials or EOBs - they sometimes outline options, whether arbitration, civil court, or other remedies. Good luck"
"Q: Can I make a reference in a new song, to the title of a song that has been trademarked?. I composed a song where, at some point, I make reference to the title of an important social protest song that became a sort of an anthem, and I describe how important it was to rally the people and brake their fear to the oppressor. However I found out that its title has been trademarked, and I want to make sure that making such reference, is legally acceptable. I ONLY refer to its title, I do not copy the song at all, nor its melody. ","A:In Florida, referencing the title of a trademarked song in a new composition can be legally permissible under certain conditions. This usually falls under the category of fair use, especially if the reference is made in a way that is transformative, such as using the title to comment on, criticize, or pay homage to the original work. However, it's important to ensure that the reference does not create confusion about the source or sponsorship of your song. The trademark laws aim to prevent consumer confusion and protect the owner's brand identity. It's also crucial that the reference does not diminish the value of the original trademarked song or its brand. While fair use can provide some protection, the boundaries of this doctrine can be complex and context-dependent. Considering this, it may be wise to seek legal advice to review the specific usage in your song to ensure it aligns with fair use principles. This step can help minimize the risk of legal challenges related to trademark infringement."
"Q: My brother and I each want to put a house on 74 acres in NE, but the county doesn't allow more than one home per qtr.. But, there is a special condition that if we are ranchers and own all the land, a 2nd home can be built, so we can ""get around"" the problem of not being able to build two homes, by not separating the 74 acres into 2 parcels (so we both own the ground), so no real problem so far. But, I have 2 questions: 1) Can the planning/zoning commission stop us from selling this property (with the homes that are now on them) in the future if they are now divided into two, 37 ac. parcels and are now owned separately, one by my brother and the other by me? 2) If they can be sold separately and one of the new owners had their home destroyed by fire or tornado 30 years after the home was originally built (10 years after the sale), and assuming the rule hasn't changed about having 2 homes on a qtr., can the planning commission refuse to allow them to re-build by not issuing a building permit due to the ""can't have 2 homes per qtr. rule""? Or would some sort of grandfather clause come into play? ",A:Your question is too specific for a general posting board like this. You will want to consult a real estate attorney experienced with farm land issues to see what exceptions might apply in your specific situation.
"Q: may a state court in Indian country entertain an extradition proceeding on a native prisoner. I was arrested on an extradition warrant and held in the Pontotoc county jail on a failure to pay fines on another felony case. Because I am a citizen of a sovereign Indian Nation, and live in Indian country. Any warrant. or governors warrant must be addressed to my tribe. I was held in jail for thi;rty days and released, because Arkansas failed to send an agent to take custody. The warrant was defective and I was never taken before a tribal court to allow me to state the defects. This denied ;me due process and equal protection of the law. ","A:Jurisdiction in Indian country can be a very complex issue as it involves a nuanced interplay of tribal, state, and federal laws. Generally, extradition processes involving Native American tribes might require collaboration between tribal, state, and possibly federal authorities to properly address jurisdictional concerns and ensure adherence to established legal protocols. The exact processes can significantly vary depending on specific circumstances, the nature of the charges, and the agreements, if any, between the respective sovereign entities. It is essential to consult with a legal expert, potentially one proficient in tribal law, to properly address your concerns and explore potential avenues for relief based on your specific situation."
"Q: If I make a Car Quiz mobile game will I get in trouble? I don't have any permission from any brand, but isn't a racegame. Also I would like to put the cars in Cards, and Packs where you can find them, so It became also a card collecting game ","A:If you create a mobile game that uses images or trademarks of car brands without permission, you may be infringing on the intellectual property rights of those brands. This can potentially result in legal action being taken against you. To avoid potential legal issues, it is recommended that you either obtain permission from the car brands to use their trademarks and images in your game, or create original designs that do not use any trademarks or copyrighted material. Additionally, if you plan to create a card collecting aspect of the game, you should be careful not to infringe on any copyrights or trademarks when designing the cards. It is recommended that you consult with a legal professional to ensure that your game does not infringe on any intellectual property rights."
"Q: My advisor assured me that I would receive my funds within 3 Bus. days for a closing, did not get funds for 7 Bus. days?. In July I spoke to my financial advisor about money I rec'd from an inheritance and I told him that I wasn't sure what to do as I was looking for a vacation home and would need it immediately should I find something. I did not ask the type of account he was putting it in as I trusted that he would put it in a ""safe"" account. I only wanted to make sure that I could access it immediately and not have to pay any penalties. He was suppose to begin the transaction on 10/23 and on 10/27 he started it and my account was down almost $6K. I did not receive the funds in my bank until 11/6 and could not access them until 11/7. The account was down about $2,500 at the beginning of the week 10/23/23 and by the end it was down $5,500 and he admitted he forgot. I had to borrow money in order to have it for my closing. I could have lost my vacation home if I had to wait for the funds to be transferred. Is there anything I can do? ","A:In your situation, it appears that there may have been a failure on the part of your financial advisor to meet the expectations set for the management of your inheritance funds. The delay in accessing your funds and the resultant financial loss are concerning, especially given your clear communication about needing immediate access for a significant purchase like a vacation home. First, document all communications with your financial advisor, including any assurances given about fund availability. This documentation can be crucial in establishing what was communicated and agreed upon. You might have grounds for a complaint based on professional negligence or breach of fiduciary duty. Financial advisors are expected to act in their clients' best interests and manage funds responsibly. Failing to start a transaction on time, as in your case, may be seen as a breach of this duty. Consider contacting the financial institution where your advisor works to formally lodge a complaint. They may have internal procedures for resolving such issues. If this does not bring a satisfactory resolution, or if you have incurred significant financial damage, consulting with an attorney experienced in securities law might be necessary. They can advise you on potential legal actions, including seeking compensation for any financial losses incurred due to your advisor's actions. Remember, each case is unique, and specific legal advice will depend on the detailed circumstances of your situation. A legal professional can guide you through the process and help protect your interests."
Q: Can a hospice social worker tell give info on legal matters to anyone?. The patient & his father had been estranged for over 25 years & the patient didn't want his father knowing or having any of his belongings after he passed. The hospice social worker told the father everything would go to him even tho that's not what the patient wanted. Unfortunately there is no will ,"A:In California, hospice social workers are generally not authorized to provide legal advice or make determinations about the distribution of a deceased person's estate. Their role is to offer support and counseling services to patients and families, not to interpret or enforce legal matters like inheritance. Regarding the distribution of assets when there is no will, California's intestacy laws come into play. These laws determine how assets are distributed in the absence of a will. Typically, if the patient was unmarried and without children, the estate may indeed go to the closest living relatives, which could include parents. However, the hospice social worker's assertion may not be legally accurate or binding. Since there is no will expressing the patient's wishes, and you have concerns about the distribution of the patient's belongings, it would be advisable to consult with a probate attorney. They can help you understand the intestacy laws and what steps can be taken to address the situation. It's important to address these matters promptly to ensure the patient's estate is handled according to law."
Q: Hello I'm looking for an attorney that I will assist me in fighting back a predatory lender tribal law attorney.. Can you please gave someone to call me 832.326.6476 I took out a loan for 1500 and now I'm paying 7000 back ridiculous. Any help you can give would be appreciated. It has to be illegal in Texas. How do I fight these people and not have my credit score or be legally sued. Can you assist me in erasing this debt legally? ,"A:You may also want to contact the National Association of Consumer Advocates, which is an organization of attorneys and consumer advocates who specialize in protecting the rights of consumers against unfair or abusive lending practices. Their website is https://www.consumeradvocates.org/"
"Q: I have a Sleep Number be which has been broken for over a year. ""Parts are backordered"" Is there a law about reasonable. time to repair? Any code to force them to repair or replace within a certain amount of time? ",A:If there is a warranty the lemon law should cover it.
"Q: My wife has moved out 90days ago and has abandoned me.How long does she have before I can claim the rest of it?. She hasn't help ed with any of the bills including groceries. And when she left she left me with shut off notices bill's due lack of money and broken. She works full-time at Stryker makes enough money to help but says the same thing she always has, she's broke. BS!! I have talked to her since then because I needed help with the bills.But got nothing. I also need to know can I change the locks on my house? The house is in my name I have paid for the mortgage since I purchased it and would like to have a little bit of privacy and sense of security. I am on disability, I have used up all my 401k and have ran up debt on a credit card.She has never really helped me with the bills. she has been very abusive financial, emotional, verbal, mental intimately and adultery. Basically NPD and BPD abuse plus. If I file for separation of maintenance will I be able to get some money from her and will I be able to keep my house? Its the house my grandfather built and I don't want to really lose it. ","A:This is practically impossible to answer without knowing which state this is occuring in. In Ohio, you may be able to get temporary spousal support. A court would need to analyze each of your incomes and expenses. As for marital property it will need to be divided equitably. Being out of the house for 90 days does not eliminate her ownership in things purchased during the marriage. It may impact her ability to move back in without your agreement after a divorce is filed. You should hire a local lawyer and file ASAP."
Q: Hello.. can I get free help from a lawyer in stopping wage garnishment?. I received a letter from my employer that my wages are being garnished. ,"A:In California, you may be able to receive free legal assistance to address wage garnishment issues. Organizations like Legal Aid societies and non-profit legal services offer support to those who cannot afford a private attorney. These organizations often provide help with debt and consumer rights issues, including wage garnishment. Additionally, some local bar associations offer pro bono (free) legal clinics where you can get advice. It's important to act quickly after receiving a garnishment notice, as there are time-sensitive steps in challenging or modifying a garnishment order. You should gather all relevant documents, including the garnishment notice, and any related court papers. Understanding your rights and the garnishment process is crucial in effectively addressing the situation. Lastly, consider contacting a local legal aid organization or bar association to inquire about free legal services available to you."
"Q: Is it actionable for a trustee to withhold promised distributions unless a beneficiary stops exercising their rights?. Is it legal, ethical, or actionable for a trustee to withhold distributions that they previously promised to send for the beneficiary's health, education, maintenance, and support until the beneficiary sends all their family's receipts, bank, credit card, and student loan statements for months on end, and essentially agrees to not take the trustee to court for refusing to provide a trust accounting and other issues? Let's say the trust document says the trustee may make distributions for the beneficiaries health and maintenance in general comfort taking into account what they know about their current income and readily marketable assets. Is demanding all that extra documentation, for the first time ever, as an intimidation tactic and perhaps to try to get dirt on the beneficiary to spin in court, some kind of abuse of power/rights under color of law or office? This is in Illinois. ","A:If the trust gives the trustee discretion to make distributions to a beneficiary based on a particular standard, the trustee is permitted to ask for evidence from the beneficiary in order to evaluate whether a distribution should be made. This is not illegal, and is often a common feature of trusts. On the other hand, the trustee always has the obligation to act in ""good faith"" when administering a trust for the benefit of beneficiaries. If the trustee is asking for documentation with the goal of harming the beneficiary rather than for the purpose of following the trust's intent, then that could be considered a violation of the trustee's fiduciary duty, which would subject the trustee to being removed from their office. However, this would be difficult to prove and would require significant evidence regarding the trustee's primary motivation."
Q: I was common law married in ga 19 years when ga recognized it we never divorced but I legally married and divorced. Another man I want my common law husband's survivors benefits social sec says no because we never divorced we had a child so am I eligible or am I a bigamist ,"A:In Georgia, if you were in a common law marriage before the state ceased recognizing such unions in 1997 and never legally dissolved it, that marriage may still be considered valid. Entering into a legal marriage with another person while still in a valid common law marriage could potentially be viewed as bigamy, which is illegal. This situation complicates your eligibility for survivor benefits from your common law spouse. Social Security typically requires that the marriage be legally valid and not terminated by divorce to qualify for survivor benefits. If your common law marriage was never legally ended, it may impact your marital status and the legitimacy of your subsequent marriage. It's important to consult with a legal professional experienced in family law to clarify your marital status and understand your rights regarding survivor benefits. They can offer specific advice based on the details of your case. Addressing this issue promptly can help resolve any legal complications and determine your eligibility for benefits."
"Q: Who is responsible for my property damage caused from high velocity storm water from the alabama state highway drain pip. The flooding is more than 60ft wide and rapid. Resulting in erosion, pushes out my underpinnings, and all my house exits are flooded for a time. Aldot has come out and cleared the drainage ditch last August the problem still persists, more frequently. That's all they will do. Im 750 ft from roadway. 2 lots upward near drain, flood waters exit my lot to the next. I'm the only one with a house directly in the middle of the flood waters. I'm in rural, county. What can I do? ","A:It is possible that you have a claim against the state for what is called inverse condemnation. The state is generally not permitted to take or destroy private property without going through a formal condemnation procedure. However, the law is very technical as to what is considered a regulatory taking and what is considered a wrongful or inverse condemnation. Unfortunately, Alabama law likely does not allow for a recovery if the damage to your property is considered a regulatory taking. You may be able to recover against the state if the damage is due to an inverse condemnation. You should contact an attorney who handles real estate litigation or condemnation cases."
Q: I was fired from myjob for making a google review for another company and I wasn't at work. I purchased a tire from raffield tire in macon ga and I did a google review on the company and the manager Dale called to my job and told my boss that I did the google review and they was not going to do any more business with them my boss called me and said that I was fired because they loss a big customer is this fair ?? And I also tried to file unemployment and I found out that my job wasn't reporting my wages to the IRS but was taking taxes out my checks and I have proof of everything thing my have my receipts from raffield tire when I purchase the tire and I have all of my check stubs and employee handbook ,"A:In Georgia, the situation you're describing raises several legal concerns. Firstly, regarding your termination, Georgia is an at-will employment state, which generally means that an employer can terminate an employee for any reason or no reason at all, as long as it's not for an illegal reason such as discrimination or retaliation for a protected activity. However, the circumstances of your firing, being based on a personal action (writing a Google review) that was not performed during work hours, could be seen as unfair but may not necessarily be illegal. It's a complex area where the specifics of the situation would need to be closely examined. Regarding the issue of your employer not reporting your wages to the IRS, despite withholding taxes, this is a serious matter. You should report this to the IRS. They can investigate the issue, and you may be entitled to a refund of any taxes improperly withheld. You should also consider speaking with an employment attorney. They can provide advice on both the termination and the tax issue. The attorney can assess whether you have grounds for a wrongful termination lawsuit and guide you on how to proceed with the wage reporting issue. It's important to keep all documentation related to your employment, the termination, and any financial records, as these will be vital in any legal proceedings. Remember, you have rights as an employee, and it's important to ensure that these rights are respected and upheld. Seeking legal advice is a good first step in addressing these complex issues."
"Q: 8 years ago my friend went in for a hysterectomy and went into septic shock ,woke up 53 days later without a leg.. She did sue the doctor. But why can't you sue again because she's had 26 surgeries since then. This is ridiculous. I know the Nevada laws but there should be a way. ","A:In Nevada, as in many jurisdictions, there are legal principles, such as the ""one-bite at the apple"" rule or the ""single recovery"" rule, that generally limit individuals from suing multiple times for the same injury. Once a lawsuit is filed and resolved, it typically includes all current and future claims related to the specific injury or incident. However, there are exceptions and nuances, especially in cases of medical malpractice where subsequent complications or new injuries arise due to the original malpractice. If your friend has experienced additional harm or complications that were not addressed in the initial lawsuit, it may be worth consulting. Assess whether there are grounds for a new legal action, and guide your friend on the potential legal options available."
"Q: Can the town of Goldsby place an ambulance subscription charge on the water bill of $10.00 per month?. I have told them I want to opt out of the arrangement, but they still are billing me. I have paid the billing so as not to create a conflict. I sent notice via email as well as placing notice with the payment of the water bill, but they seem intent on pursuing this collection. ","A:The ability of a town like Goldsby, Oklahoma, to add an ambulance subscription charge to water bills typically depends on the town's ordinances and regulations. Municipalities sometimes impose such charges to fund emergency medical services, and these charges can often be mandatory. If you have already attempted to opt out and communicated your request to the town authorities without success, it's important to review the specific local laws or regulations that govern these charges. There may be specific provisions or processes for opting out that need to be followed. Given that you've been unsuccessful in resolving this through direct communication, consider attending a town council meeting or reaching out to a local representative to voice your concerns. These public forums can be effective in addressing such issues. If the charge is indeed mandatory according to local law, and there is no provision for opting out, it may be challenging to remove this charge from your bill. In such cases, understanding your rights and the town's legal authority is crucial. If you continue to face challenges with this issue, consulting with an attorney who has experience in municipal law might provide clarity on your options and any potential legal recourse. An attorney can help you understand the legality of the charge and advise on the best course of action based on your specific situation. Remember, dealing with municipal charges often requires navigating complex local regulations, and professional legal advice can be invaluable in such situations."
"Q: Can a fitness center (commercial gym) have a business license with a residential address?. If a gym owner is evicted from the commercial space and no longer has an address zoned for commercial use, does this negate the business license? ","A:In California, a business license can technically be registered with a residential address, but this does not automatically allow a commercial operation like a gym to function in a residential area. Zoning laws, which vary by locality, determine what activities can occur in a residentially zoned area. If a gym owner is evicted from a commercial space and only has a residential address, the business license itself may remain valid, but operating a gym from a residential address would likely violate local zoning ordinances. You should review local zoning regulations and consider the specific circumstances to determine the legality of such an operation."
"Q: A teenager stole a boat and hit my friend's parked boat & boat lift with it, can my friend get money for the repairs?. This incident happened in the middle of the night on a private inland lake in Michigan and there is a police report. The owner of the stolen boat left the keys on it but apparently my friend can't make a claim against their boat insurance since the owner wasn't driving the boat. My friend doesn't have boat insurance and their property insurance will only pay $2,500 towards the $9,000 boat repair and only a small portion of the $5,000 repair for the boat lift. ","A:If a teenager stole a boat and damaged your friend's parked boat and boat lift in Michigan, your friend may be able to seek compensation for the repairs. Gathering evidence like photos and repair estimates can support their claim. Checking the boat owner's insurance policy for coverage is important. If the owner's insurance doesn't cover the damages, your friend could consider small claims court."
"Q: What can I do when someone took my dog when kicked me out, then claiming his hers and that she takes care of him. Technically the dog isn’t registered to either of us, but to a third party I don’t want to get involved. ","A:If someone has taken your dog without your consent and is claiming ownership, you should initially attempt to resolve the situation through communication. Share your side of the story and your attachment to the dog. Gathering evidence such as photographs, veterinary records, or any documentation of your responsibilities for the dog can strengthen your case. If communication fails, contact your local animal control or law enforcement agency to report the situation, as they may be able to mediate or provide guidance. Consulting an attorney who specializes in property or animal law is advisable if disputes persist. In extreme cases, a civil lawsuit may be necessary to establish your ownership rights. Exploring mediation can also be a more amicable way to reach an agreement."
"Q: Can a business in California record phone calls without the caller knowing.. I live in a student housing complex in the San Diego area and was wondering if there were any legal repercussions to a business for recording phone calls without the calling party’s consent. When calling this company there is never a message that notify’s the caller that the call is being recorded. Being a property management company many financial, health, and other personal information is said throughout these conversations, which I feel the caller should know is being recorded. This company has most likely received tens of thousands of phone calls that have been recorded without any of the callers knowing the conversation was recorded. ","A:Under California law, recording phone calls without the consent of all parties involved is generally prohibited. California is known as a ""two-party consent"" state, as outlined in the California Penal Code Section 632. This means that for a phone conversation to be legally recorded, all parties involved in the call must be aware of and consent to the recording. In your situation, if the property management company is recording calls without notifying callers, this could potentially be a violation of California law. The lack of a notification or warning that calls are being recorded is a key factor in determining legality. Given the sensitivity of the information often shared in calls with a property management company, such as financial or health information, the need for consent becomes even more crucial. Violations of this law can lead to legal repercussions for the business, including potential civil litigation. If you have concerns about this practice, you might consider seeking legal advice to explore options for addressing the situation. Additionally, raising awareness about the issue within the affected community can also be an effective way to approach this matter."
Q: What of a child is attempting to leave a room and a teacher blocks the door way and uses physical restraint. By putting child in a headlock which the child then punches the teacher to get her to let go of child self ,"A:It is never acceptable for a teacher to physically restrain a child, especially by using a headlock. This is considered excessive force and can result in serious injury to the child. In Nevada, there are strict laws in place to protect students from physical abuse by teachers. If a child is attempting to leave a room, the teacher should use verbal de-escalation techniques to calm the child down. If the child is still acting aggressively, the teacher should call for assistance from another staff member or administrator."
"Q: Is it legal for a fence company to claim a territory and not allow other companies to build home fences there?. I am trying to get multiple estimates to build a fence on my property, and i am searching in a 30 mile radius of my house. I have noticed that a couple of the companies that i have reached out to and who are only10-15 miles from where i live had said they can not build a fence on my property and that i have to use my local fence builder. Is that legal? It doesn't make any sense, i want the cheapest price possible and my local fence builder is way too expensive. ","A:It is generally not legal for a fence company to claim exclusive territory and prevent other companies from providing services in that area. This practice can be considered anti-competitive and may violate antitrust laws, which are designed to promote fair competition and protect consumers from monopolistic practices. If you're encountering fence companies that refuse to provide services in your area citing territorial restrictions, it could be a sign of anti-competitive agreements among these companies. Such agreements, if they exist, can limit consumer choice and potentially lead to higher prices. You have the right to seek multiple estimates and choose a service provider that offers the best value. If you suspect anti-competitive behavior, you might consider reporting it to the California Attorney General's Office or the Federal Trade Commission (FTC), which handle antitrust law enforcement. It's also advisable to reach out to other fence companies beyond the initial ones you contacted. There might be other providers willing to offer competitive rates without such territorial restrictions. Remember, as a consumer, you should have access to a variety of options to ensure fair pricing and quality service. If restrictive practices are limiting these options, legal avenues are available to address such issues."
Q: I bought some assets from a code dev and then put them into a game and then the co-owner banned me and stole them. sue?. Can I sue the co-owner for stealing my assets and my game? The co-owner is only 16 and I'm 24 the reason I even trusted him as a co-owner is because he had modeled and coded stuff for me for about 2 years on different games and always did a great job despite his young age and always acted about 30 never like a child so when I started a new game development about 6 month's ago I thought I would give him the owner role so I didn't have to be online for him to work on the game only for him to steal all my assets that I had payed for keep in mind only ever meet that guy online have not meet him in person I do know his legal first and last name because I hired him consistently over the course of those 2 years. Do I have a case? ,"A:Under California law, you might have a case based on breach of contract, unjust enrichment, or conversion. Since the co-owner is a minor, there could be some limitations on the enforceability of any agreements you had with him. You should gather all the evidence of your agreements and the work completed by both parties and consult with an attorney to evaluate the strengths and weaknesses of your potential case."
"Q: Can I sue Excelsior? I just want to get back in school.. I was kicked out of school because my writing had high levels of A.I. Yesterday, one of the instructors sent an email warning people that if they use online resumes for the class, it will get flagged as cheating. Even though he is the one who told us this was okay This also happened to me in another class. They gave me Fs in all four classes and kicked me out of school. Do I have a case against them? I'm reading about how most schools are banning AI detectors now. ","A:If you've been dismissed from school based on accusations of using AI in your writing, and you believe this decision was unjust or inconsistent with the school's policies, you may have grounds to challenge the decision. Firstly, review the school's academic policies, especially those related to academic integrity and the use of AI or other online tools. Understanding these policies is crucial in determining if the school has acted within its own guidelines. If there is evidence that an instructor previously approved the use of online resources or AI tools, gather any relevant communications or instructions that support this. This evidence could be critical in challenging the school's decision. You should also consider reaching out to the school's administration to appeal the decision. Many educational institutions have a formal process for students to contest academic or disciplinary actions. An appeal can give you the opportunity to present your side of the story and any supporting evidence. If these efforts do not resolve the issue, consulting with an attorney who has experience in education law could be beneficial. They can advise you on your legal rights and options, and if necessary, assist you in pursuing legal action against the school. Remember, every situation is unique, and the outcome will depend on the specifics of your case and the applicable laws and policies. It's important to act quickly and gather as much evidence as possible to support your case."
"Q: Can public schools assign reading material that contains Christianity fasting sacrifice practices??. My daughter read Life As We Knew It in 6th grade(11 yrs old). It intails a pastor convincing a girl to starve herself so the rest of the congregation will have faith that God is on their side during an end of the world situation. The girl sucums to the practice and dies. She refused to listen to anyone who told her to eat and dink and referred to them as non believers. My daughter had to do a report on the book and the class was assigned to evaluated this situation on weather or not they thought it was wrong, what they would do differently.... They said it was utopian book helping them find their voice. ","A:Under California law, public schools can assign reading material that contains references to Christianity, fasting, and sacrifice practices, as long as the material is part of a curriculum that serves an educational purpose and is not intended to promote or endorse any particular religious belief. However, it is important for schools to be sensitive to the age-appropriateness of such material and ensure that it is presented in a way that encourages critical thinking and discussion rather than indoctrination. In your specific case, the book ""Life As We Knew It"" was likely chosen as a way to stimulate classroom discussions about ethical dilemmas and personal choices, which can be valuable for students' intellectual and moral development. If you have concerns about the content or approach, it may be advisable to discuss them with your child's teacher or the school administration to gain a better understanding of the educational goals and how they align with your values and expectations."
Q: Is there any legal grounds regarding an employer not confronting a customer for being a peeping Tom.. I was using the women’s restroom when a male came in. When I exited the stall and agitatedly stated “what are you doing in here?!” With a smirk and sarcastic tone he stated “I was inspecting the place.” I informed my manager with dismay and he didn’t even speak to the customer when the man should have been kicked out for being a peeping tom. ,"A:Under California law, an employer has a duty to provide a safe work environment, which includes addressing potentially harmful situations caused by third parties, such as customers. If an employer fails to take action against a customer who has engaged in criminal activity, such as peeping, this could potentially lead to a negligent failure to protect the employee, depending on the circumstances. It may also raise issues under California's sexual harassment and privacy laws. You should document the incident and report it to higher management or human resources. If the response is still inadequate, you might consider contacting an attorney or the California Department of Fair Employment and Housing to explore legal options. It’s also within your rights to report the incident to law enforcement, as peeping is a criminal offense."
Q: I was driving my friends car without her consent and i crashed it didnt have insurance but i had insurance for my car. I have insurance for my car My friends car didn’t have insurance It was non permissive driving I have a non owned automobile coverage ,A:Your insurance will cover injuries caused by you in the crash.
"Q: What is considered child porn? Can insurance use it as evidence in court for their case?. if the case is about mental health, can insurance use surveillance of a minor kissing another minor and send it in as evidence saying that the plaintiff is not actually mentally ill because they appear to be in a relationship? ","A:Child pornography is defined as any visual depiction of sexually explicit conduct involving someone under 18 years of age. It would be very difficult to use child pornography as evidence in a civil matter since its production, distribution, and possession is illegal. Of course, depending on the context and circumstances, two minors simply kissing each other is unlikely to be considered sexually explicit conduct, especially if they are fully clothed."
"Q: Is Michigan's probate Notice of Intent form (PC 557) needed if a Personal Representative is named in a Will?. We lost your stepmother last month. She had both a Will and Addendum to her Will Notarized and Witnessed. She has no natural children, both her spouse (my father) and parents are deceased. She has a sister living. She appointed me as Personal Representative in her Will. When I file the Application for Informal Probate, do I need the Notice of Intent form? If I understand correctly the person named in the Will as Personal Representative has the highest priority. So I believe, no notices would need to be served since there would be no person whose right to an appointment is prior or equal to my own. Or do I still have to submit the form even though there would be no Proof of Service forms to attach? ","A:My condolences on your loss. The BRIEF answer to your question is: no that form is not needed. This and SO many other questions will be resolved quickly and easily and with relatively little cost if you hire a local licensed attorney to help you. None of the forms and procedures to complete an estate are HARD, but there is a lot of DETAIL and many deadlines that you need to comply with. A lawyer will have policies and procedures set up to make sure you don't miss anything. Additionally, it is not necessarily REQUIRED that informal or formal probate be done if the estate was planned properly. HOWEVER once you file with the court, you're locked into that course even if it isn't necessary. Seek legal representation BEFORE you file anything -- you may find there is an easier way!"
Q: Is there any way for a victim to not be in the same courtroom as the person for which they are seeking a PPO against?. Due to the mental health of the respondent there is a significant likelihood that the person would be violent or use traumatizing language as well as appeal in hopes of spending more legitimate time with the victims. ,"A:In most counties, there are victim / witness services coordinators that can help address these concerns. A victim's right to be protected is sometimes in conflict with an accused' right to confront witnesses. But there are ways. And importantly, judges have contempt powers that can be utilized to control and punish untoward behavior in courtrooms."
"Q: Recently diagnosed with major depression/general anxiety. Previously victimized in documented violent crime.. After obtaining PTSD during violent crime , I carried on without treatment with self medication. I received a 10 year sentence without legal representation or psychological evaluation. ","A:In Illinois, if you were sentenced to a 10-year term without legal representation or a psychological evaluation, especially considering your mental health conditions stemming from a violent crime, there are several steps you can take. First, it's important to seek legal representation immediately. An experienced attorney can help evaluate your case, particularly focusing on the lack of legal representation and the absence of a psychological evaluation during your sentencing. Your lawyer can explore the possibility of an appeal or a post-conviction relief petition. These legal avenues can address issues like ineffective assistance of counsel or the failure to consider significant mitigating factors like your mental health at the time of sentencing. Given your diagnosis of major depression and general anxiety, as well as PTSD from a prior violent crime, these factors should have been considered in your sentencing. The absence of this consideration could be a crucial point in your legal challenge. Additionally, obtaining a comprehensive psychological evaluation now can provide essential evidence for your legal team. This evaluation can demonstrate the impact of your mental health on your behavior and potentially on the legal process you underwent. Remember, the legal system provides mechanisms for addressing oversights and injustices, even post-sentencing. Acting promptly and with the guidance of a qualified attorney is crucial to navigating these complex legal processes effectively."
"Q: I have a LLC , I was hired to build a fence from someone who was hired by a homeowner the person who hired me turns out. The person who hired me is unlicensed and Wong pay me for the work I did. How do I go about getting paid ? ","A:This question appeared in the Employment law section. However this is not an employment law issue. You are an independent contractor, and the rules of contracts will apply. You sue the person for breach of contract. Depending on the amount of money involved you can sue small claims court or superior court. It would be a good idea to consult with a business litigation attorney to explore your options. Good luck to you."
"Q: I’m applying for SSI for my son with legal aid, my parents live with me and are NON-US citizens. Will it affect them?. I have to sign a government form I believe and it’s not guaranteed that they won’t give out my information. I just want to know if their information will be reported to ICE. ","A:When applying for Supplemental Security Income (SSI) for your son, the focus of the application is primarily on the child's needs and your financial situation. The status of other household members, like your non-US citizen parents, is generally not a primary concern for SSI eligibility. However, it's important to be aware that providing information about household income and composition is a standard part of the SSI application process. This might include disclosing some details about the people you live with, including your parents. Regarding your concern about information being shared with Immigration and Customs Enforcement (ICE), it's worth noting that Social Security Administration (SSA) generally does not proactively report immigration status to other government agencies, including ICE, for purposes of immigration enforcement. Their primary role is to administer benefits and services. But it's also important to understand that there are exceptions, particularly in cases of serious criminal activity. If there are specific concerns about your parents' situation, it would be wise to consult with an immigration attorney who can provide advice based on their particular circumstances. In summary, applying for SSI for your son is unlikely to directly impact your parents or lead to their information being reported to ICE, especially if the focus is solely on your son's needs and eligibility. If you have further concerns or need more detailed guidance, seeking legal counsel knowledgeable in both immigration and social security law would be beneficial."
Q: Federal court filing question. When case is considered to be properly initiated at district court?. Is case deemed to be properly initiated at federal court if complaint is filed and served on defendant before statute of limitations expires? ,"A:In federal court, a case is generally considered properly initiated when the complaint is filed with the court. Filing the complaint within the statute of limitations period is crucial to meet the requirements for initiating a case. The statute of limitations requires that a lawsuit be filed by a certain deadline, typically determined by the type of claim. However, it's not just about filing the complaint; service of the complaint on the defendant is also an essential part of the process. According to the Federal Rules of Civil Procedure, the plaintiff must serve the complaint on the defendant within 90 days after filing. Filing the complaint stops the statute of limitations clock, but failure to serve the defendant within this period can lead to potential dismissal of the case. Therefore, for a case to be properly initiated in federal court, it's necessary both to file the complaint before the statute of limitations expires and to serve the complaint on the defendant within the prescribed timeframe. It's important to ensure that both of these steps are completed correctly to maintain the integrity and viability of the case."
"Q: Can I hold an OL investment facility liable for not activating my account on time & losing on an important transaction?. I opened an online account with an investment facility, they ensured me that it would be activated after 24-48 hours. After 7 days, it is still not activated as I hoped and the 7th day was the deadline of a transaction that I wanted to do using the account. Furthermore I told them of the urgency & they didn't even inform me that the deadline of the transaction that I wanted to do was actually hours earlier than the activation of my account, so I felt misinformed. Is there anything I can do to make them liable? ",A:Probably not--unless you can prove up some financial damages. Speculative losses are not reliable; neither are speculative gains. Brokerage firms--online or otherwise--cannot be held liable for mistakes that do not actually harm the customer.
"Q: Does force majeure apply to flight cancellation causing someone to miss a food process audit?. One of my groomsmen is the lead practitioner for food and safety at an ice cream company. He said it is illegal for him to miss work especially when there is a chance of him missing a food production audit. So he can’t come to my wedding because he’s worried his return flight might be cancelled and he’ll be unable to get another. I’m choosing not to argue the obvious what if’s. If his flight was cancelled and he couldn’t get another to make it back for work, would that fall under force majeure? ","A:In legal terms, force majeure refers to unforeseeable circumstances that prevent someone from fulfilling a contract. In the case of your groomsman's concern about flight cancellation impacting his ability to attend a food production audit, it's important to examine the specifics of his employment contract and the company's policies. If his contract or company policies explicitly mention situations like flight cancellations as a valid reason for absence, then it could be considered under force majeure. This clause is typically invoked in scenarios like natural disasters or other extraordinary events beyond one’s control. However, if the contract or policies do not clearly define such situations, it's less straightforward. In many cases, employers are expected to be reasonable in accommodating unforeseen travel disruptions, especially when they impact significant obligations like audits. It's also worth exploring alternative solutions, such as remote participation in the audit or arranging backup personnel, to mitigate the risk of his absence. Understanding the flexibility and emergency protocols of his workplace could provide more options. Ultimately, the application of force majeure depends on the specific terms of his employment and the nature of the unforeseen event, in this case, a flight cancellation. Consulting with a legal professional who can review the relevant contracts and policies would offer more tailored advice."
Q: Neighbor refuses to return our calls to discuss our concerns over the safety of his weeping willow tree.. The tree is now 60-70 ft. tall. We know they should not be planted in this residential area and we had one uproot on our property. No help from local zoning or tree commission who know our neighbor. We can be killed if it falls or uproots onto our property. I have contacted approximately 19 attorneys in New Jersey and no one handles this type of law. If can discuss this issue with neighbor hoping it can be resolved. Advised to hire an Arboriculture case attorney or one who handles disputes. Any help appreciated. Thank you ,A:Speak to a local arborist to review the situation and his/her opinion as to the immediacy of any potential danger and what are the suggested remedies. Then speak to an attorney to review your legal rights and courses of action available to you. An immediate step would to put the municipality on notice by sending a certified letter alerting it of the potential danger and send a cerufied copy of the letter to your neighbor.
"Q: Can a school district fail a student in a high school class when they failed to notify them for two weeks they were. approved for their online enrollment application (after inter-district transfer approved) and basically forgot to contact the registrar at this CA public high school causing my high schooler to miss 2 weeks of school and would still be missing today if we didn't stop by. We notified them twice when we could go to school (both in emails) and the first one said wait till we contact you and the second one a week later was ignored. They apologized and called it a computer glitch but the email saying my kid is at home waiting to go to school was not a glitch (not two glitches). They said kid would be fine but not. Failing two classes; had ADHD documented disability; has to do 6 classes worth of current and make-up work; has a 504 meeting coming up where counselor says he qualifies and maybe needs more than a 504 plan for processing disorder types, etc. Can a school fail my child when they failed to check on a child they approved but ignored two notices the child was at home waiting? ","A:In California, public schools are required to provide all students, including those with disabilities, with equal access to education. If your child has a documented disability, the school district must comply with federal laws, such as the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act, to ensure appropriate accommodations and services are provided. The school's failure to enroll your child promptly, especially after being notified, could be viewed as a denial of educational access. If your child's academic performance was adversely affected as a direct result of the school's negligence, you may have grounds to challenge any failing grades. You should consider requesting a meeting with the school's administration to address these concerns and explore potential solutions. Additionally, the upcoming 504 meeting will be crucial in determining the right accommodations for your child. If you're unsatisfied with the school's response, consulting with an attorney experienced in education law might be beneficial. They can guide you on the best course of action to protect your child's educational rights."
"Q: Is it true that in South Carolina the maximum award on vehicular- pedestrian collision is the limit of the ins policy?. As I was crossing the street, a woman ran into me causing serious injuries. ","A:No, that is not always the case. There are several factors to take into account outside of the actual bodily injury aspects of the policy, which sometimes get overlooked. Some of those include: 1.) Property damage coverage for punitives if punitive conduct can be shown; 2.) Assets of the individual tortfeasor; 3.) Other potential defendants (why did this person hit you - blocked view, drunk, etc.) that may have some liability 4.) If insurance company fails to pay policy limits timely, there might be an open policy scenario where the insurance company itself is also responsible for the full extent of the harm. You should always consult with an experience personal injury and insurance lawyer before making any final decisions about your case. Any other questions, don't hesitate to reach out."
"Q: How to serve the Defendant documents in a federal civil case?. Hi, I am the Plaintiff in a federal civil case. I do not have attorney yet. I have 3 simple questions. 1, After I serve the original complaint and summons, can I serve other documents to Defendant MYSELF? I mean, can I sign the Certificate of Service and proof the service myself? 2, The Defendant has an attorney. Shall I serve both the Defendant and his attorney? Or shall I serve the attorney ONLY? 3, If there is a deadline to serve, let’s say the deadline for Initial Discovery is July 30 and I am going to serve by mail, can I send the mail on July 30? Or the deadline means the mail of Initial Discovery must be DELIVERED by July 30? Thanks a lot! ","A:1) yes, you can serve documents yourself after the Summons/Complaint are served by a process server (or someone other than yourself) 2) you must serve defendant's counsel with all papers in the case, not the defendant himself 3) service deadlines mean the documents must be postmarked by the deadline date."
Q: Pet insurance denied my claim saying injury was due to illness with no explanation and I only have accidental coverage. My dog had knee surgery due to a torn ccl (acl). He was running and tore it. My insurance company is claiming it was due to an Illness. He has never been diagnosed with any sort of illness that would cause such a thing. I only have accident coverage and they won’t give me an explanation for the decision. Is there anything I can do to fight this? I was told to file an appeal but I don’t want to until I understand the process. ,"A:A Maine attorney could advise best, but your question remains open for two weeks. Look at the policy and see what the provisions for dispute are - civil suit, arbitration, etc. A veterinarian is best qualified to make a call on the matter, but a ligament tear appears to be more accident-related than illness related. It looks like you have a valid position. Why not try reposting and adding Animal/Dog Law as a category - attorneys in that area of practice would have the best insight into these types of matters. I hope your dog has a good recovery. Good luck"
"Q: Is there a standard minimum you can expect to get from an insurance company from a minor hit and run accident?. A year ago I was in a minor hit and run accident. I had to see a chiropractor and was out of work for a few weeks. I went straight to the emergency room, so I also had a doctor bill. Mercury insurance has had a claim specialist working on this for a while now, they just got back my medical bill, from medical, which was $180. They contacted the chiropractor for his bill. And said they would be letting me know this week what their evaluation for what there giving me will be. How do I know if what they're offering me is fair compensation? ",A:Consult with a lawyer in your area. You don't make any mention of loss of earnings (LOE) so that might another component of your claim.
"Q: Is there such thing as motion to toll the statute of limitations?. I recently filed a complaint with the superior county court of Los Angeles. In the complaint I had a section where I mentioned the reason the statute of limitations is to be tolled (admission in mental health clinics [I have paperwork to prove it]). The documents are with the process server, (they will likely serve it in few days). My question is that is there a motion to toll? Or is it something that the defense will argue when they fill a motion to dismiss and in rebuttal I will show the medical records? ","A:In California, the concept of tolling the statute of limitations is recognized, particularly in cases where an individual's capacity to take legal action is impaired, such as due to mental health issues. There isn't a specific ""motion to toll"" the statute of limitations; rather, the reason for tolling is typically included as part of the initial complaint or raised in response to a defense motion challenging the timeliness of the suit. If the defense files a motion to dismiss citing the statute of limitations, you would then present your evidence, such as medical records, to argue that the statute was tolled due to your admission in mental health clinics. The court will consider this evidence to determine whether the statute of limitations was indeed tolled under the circumstances. It's crucial to prepare and have all relevant documentation ready to support your claim of tolling. This could be vital in overcoming any statute of limitations defense raised by the opposing party."
"Q: May I negotiate contingency fees after signing the agreement with attorney in state of California?. Agreement says, Client acknowledges and understands that the fee the Attorneys charge for their services is not set by law but is freely negotiable between Client andAttorneys. Bearing such advice in mind, Client agrees to pay Attorneys a contingency fee at the following contingency rates: (a) for all claims before the filing of suit, Attorneys’ fees will be thirty-three and one third percent (33 1/3%) of all amounts received; and (b) for all claims after the filing of suit, including the enforcement of judgment, Attorneys’ fees will be forty percent (40%) of all amounts received. The decision to file suit shall be solely that of Client’s. ","A:Of course. You may always negotiate the amount of the contingency fee with your lawyers. They may not wish to re-negotiate the fee amount, however, and you may be left with the choice of discharging them if they do not meet your requested amount."
Q: I’m on ssdi now since I was 50 yo. I heard once my wife turned 62 which she is now that she is eligible to collect half.. She never really worked I was always the sole provider. We went to social security and were told we have to wait until she turns 65. Is this true ,"A:In the United States, the eligibility for spousal benefits through Social Security depends on several factors, including the age of both the beneficiary and their spouse. Generally, a spouse can start receiving benefits based on their partner's record at age 62. However, if they elect to receive these benefits before reaching their full retirement age, the amount will be permanently reduced. In your case, where your wife is 62 and you are receiving SSDI, she may be eligible for spousal benefits. However, it's important to note that these benefits would be reduced because she is not at full retirement age. The full retirement age varies depending on the year of birth, and for many people, it is beyond 62. The information you received about waiting until she turns 65 may be specific to your circumstances or may be a misunderstanding. It's advisable to seek clarification from the Social Security Administration or consult with a professional who has expertise in Social Security benefits. They can provide personalized advice based on your specific situation, including the potential impact of early retirement on benefit amounts and the best strategies for maximizing your benefits."
"Q: Are homicidal threats and a baker act a legal reason for termination?. Hello I was recently fired from my job after being baker acted on the job. I texted the crisis hotline explaining to them I was having homicidal thoughts about killing my coworkers. The police arrived and took me in, I went willingly. When I was released from the hospital 72 hours later I was told I was fired and offered no explanation other than ""there are some things you just don't say at work"". Can I sue them in Florida for this? ","A:In Florida, the situation you describe is complex and involves several legal considerations. Employers have a duty to maintain a safe workplace, and expressing homicidal thoughts about coworkers can be seen as a serious threat to workplace safety. This could potentially be a legitimate reason for termination, especially if the employer believes there is a credible threat to the safety of other employees. However, the circumstances surrounding your Baker Act (involuntary institutionalization) and the nature of your mental health condition could introduce considerations under the Americans with Disabilities Act (ADA). The ADA requires employers to provide reasonable accommodations to employees with disabilities, which can include mental health conditions, unless doing so would cause undue hardship to the employer. Given the complexity of your situation, which involves mental health issues and potential safety concerns in the workplace, it would be advisable to consult with an attorney. An attorney specializing in employment law can assess whether your termination was in compliance with the ADA and other relevant laws. It's important to provide the attorney with all relevant information, including details about your mental health condition, the circumstances leading to your Baker Act, and any communications with your employer regarding the incident and your termination. Remember, each case is unique, and legal advice will depend on the specific details of your situation. An attorney can help you understand your rights and options under Florida law."
Q: what if i was referred to a business to install a grease trap but my plumbing license was expired. i was an apprentice with the help of a licensed journeyman ,"A:In Indiana, performing plumbing work without a valid license can lead to legal and professional consequences. It's essential to ensure your license is current before undertaking any plumbing projects, especially ones like installing a grease trap which require specific expertise. If you were working as an apprentice under a licensed journeyman, the responsibility may primarily lie with the journeyman. However, it's important to clarify the scope of your role and the extent of your responsibilities in this situation. You should consider renewing your license as soon as possible. Meanwhile, avoid engaging in any tasks that require a valid plumbing license. This approach helps protect you from potential fines or legal action. In this scenario, seeking legal counsel can provide you with guidance specific to your situation. They can advise you on the best course of action and help navigate any complexities related to your apprenticeship and licensure status. Remember, staying within the legal boundaries of your profession is paramount for your career's longevity and reputation."
Q: Hi. I recently signed a co tract with a mktg company and before I did I was told something else. Can I get out if it. The person for the company told me something v different than was in the contract. ,"A:If you believe the marketing company misrepresented the terms before you signed the contract, there may be grounds to contest it. Misrepresentation can occur when false statements or promises are made to induce someone into a contract. First, review the contract thoroughly to understand its terms and any clauses about termination or dispute resolution. Compare what is written in the contract with what you were told verbally. It's crucial to identify any specific discrepancies between the verbal promises and the written agreement. If you find significant differences, gather any evidence of these misrepresentations. This might include emails, text messages, or notes from meetings. Evidence is key in demonstrating that what was promised differs from what's in the contract. You should then consider seeking legal advice. A lawyer can provide guidance on the strength of your case and the best approach to take. They can assist in negotiating with the company or, if necessary, taking legal action to resolve the issue. Remember, every situation is unique, and the outcome can depend on the specific details of your case. It's important to act promptly and to keep a record of all communications regarding this matter."
"Q: Can owners take HOA to court?. HOA is charging $50 per day a unit is rented without HOA consent. The waiting list to rent has not changed for close to ten years or so. CCR has a waiver, but HOA refuses to consider it. Our daughter was born premature and has a respiratory health issue. The complex prohibits smoking in the complex. We kept complaining of daily smoking, but HOA ignored our requests. We moved and tried to sell our unit, but we were not successful. During the period the property was for sale there were a few break-ins in our unit. We had to rent it, but do to HOA we had to ask our tenants to leave. The unit is now vacant and exposed to be vandalized while HOA refuses to allow us to continue renting in addition to tag a $3,000.00 fine to our unit. ","A:Yes, owners have the right to take their HOA to court if they feel that the HOA has violated their rights or breached their obligations under the governing documents, such as the CC&Rs (covenants, conditions, and restrictions) and bylaws. In the scenario you described, it seems that the HOA is charging you a fee for renting your unit without its consent, even though there is a waiting list to rent and you have a waiver in the CCR. Additionally, it appears that the HOA has not addressed your complaints about smoking in the complex and has prevented you from renting your unit, which has resulted in financial losses and increased risk of vandalism. If you believe that the HOA has acted unfairly or has violated your rights, you may want to consider consulting with an attorney who is experienced in California HOA law. They can help you understand your legal options, negotiate with the HOA on your behalf, and represent you in court if necessary. It's important to note that taking legal action against your HOA can be a complex and costly process, and it may not always result in a favorable outcome. Therefore, it's important to carefully consider your options and consult with a knowledgeable attorney before proceeding with legal action."
Q: My step mom is not the very nicest person and she likes to yell and degrade me. i dont know what to do. She has threaten to take my door off the hinges and scream at me for saying she is invading my privacy as a human. She screams at me saying that my privacy doesnt matter because it is her house. She has gaslighted me multiple times and she refuses to give me money out of MY OWN bank account so i can pay my friend back . I am not sure what to do i have dealt with her for a long time. before her and my dad got married she used to stalk my dad. She has assaulted me in the past but i have no physical proof anymore. i want to get emancipated but im afraid of getting in trouble. What should i do? ,A:Talk to your father. Ohio does not allow emancipation of a minor in such situations.
"Q: Would you challenge"" integrity """"Legality"" and ""Un-natural""creation of a Living Trust if the following events applied?. 1. Father was very successful quadriplegic who planned his estate thru a will. 2. Had a tragic accident that put him in a coma for 8 wks r.Then incapacitated by doctors reports thereafter. 3. Mom knew that his will would not pass his estate to her only 1/3 of his wealth 4 She hires a Trust Attorney to prepare a Living Trust to her specifics and as sole client. 5. Without regards. her trust Attorney prepares a Power of Attorney,A petition for Conservarorship .A new Will and Declaration of Living Trust with her as sole Trustee. 6 Athough he had 3 brothers and 5 sister all in Calif. He chose his brother in law to be successor trustee and Conservator/POA 7Quit claimed all property and investments to trust with an X witnessed by 2 of Moms friends. 8. It appeared all assets would pass to his 2 adopted children ""child's trust"" 9.Mother was Trustee of Living,Exemption,Survivor. 10.Through a will she 3 irrevocable trust to successor trust then passied it to her famil ","A:This is quite evidently a highly fact-specific situation, which is not suitable for this forum, which is for questions of a general information. In any event, there are critical facts missing from your narrative that could change the answer 180 degrees. Your best bet is to schedule a consultation with a will contest attorney."
"Q: CAN AN ATTORNEY, NAMED AS A PARTY TO A LEGAL MALPRACTICE CASE, ISSUE THEIR OWN SUBPOENAS IN THE INSTANT MATTER?. If an Attorney is named as a party to a Legal Malpractice case, and is represented by hired Counsel, can they still issue their own subpoenas in the instant case and what laws, rules, etc., govern this aspect of subpoenas because I have searched exhaustively. Thank you ","A:Under California law, an attorney who is a party to a case retains their rights and obligations as counsel if they choose to represent themselves. This includes the power to issue subpoenas. The authority for attorneys to issue subpoenas is found in the California Code of Civil Procedure, particularly sections 1985 through 1997. The rules governing the issuance and service of subpoenas must be followed meticulously, even if the attorney is a party in the case. Failure to adhere to these rules may result in the subpoena being quashed. Moreover, ethical considerations come into play; while an attorney can issue their own subpoenas, they must avoid any abuse of process. Always proceed with caution and ensure compliance with both procedural and ethical rules."
Q: For a documented vessel that is going to be used in the state of Florida do you have to pay sales tax?. Vessel was bought in the state of Florida and is staying in the state. I have heard you do not have to pay sales tax because it is a documented vessel and I have also heard that you do have to pay but only when you sell your vessel. ,"A:What you have heard, when you think about it, doesn't quite make sense. You heard that YOU don't have to pay the tax, but one has to pay when one sells it; the answer would be one or the other. Review Florida Statute 212.05 (b). I don't see any exception for a ""documented vessel"". whatever that means. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0212/Sections/0212.05.html"
Q: Can I send a text saying since I have sent haven’t received response I will put items on curb by end of week?. Employer and guest were really rude (childcare). I quit on the spot. I was reminded that I had car seats and karate uniforms in car. I asked to confirm date time and place where he can pick up items as I don’t want to go back to their home. I have not received response I have not received compensation for the days I have worked either. Can I send another text saying I will leave items on curb in a week if I receive no response on setting up a pick up of the items especially since I have not been paid. ,"A:In your situation, regarding the return of items like car seats and karate uniforms to your former employer, it's important to handle this in a way that protects your interests and avoids potential legal issues. Sending a text to notify them of your intention to leave the items on the curb if they don't respond can be a reasonable step, but it should be done carefully. First, make sure to document all your attempts to return the items, including any texts or emails sent. This documentation can be useful if there are any disputes later on. In your communication, clearly state that you have made several attempts to arrange a return of their items and have not received a response. Give them a reasonable deadline (a week, as you mentioned, sounds fair) and inform them that if they do not respond or arrange for pickup by then, you will leave the items at a specified location. However, be cautious about leaving items on the curb, especially if they are valuable or could be damaged. Consider alternative options like leaving them with a mutual contact or in a secure location where they can be retrieved. For the issue of unpaid wages, you have the right to seek compensation for the work you have done. If your employer fails to pay you, you may consider filing a claim with the New Jersey Department of Labor or seeking legal assistance to recover your wages. Remember, it’s important to keep these issues separate in your communications. One pertains to the return of property, and the other is about unpaid wages. Mixing the two in your communications might complicate matters. Lastly, if you have any doubts or concerns, consulting with a lawyer can provide clarity and ensure that your actions are legally sound."
"Q: Bought a 5 bed 3 bath home a yr ago and found out now that it has a 2 persons max 1 bed perk. I bought my listed 5 bed 3 bath home in Jan 2021 . Everything has been great but had a plumbing issue and found after septic people came out and plumber that it has a 2 person max occupancy. It was never disclosed to me . Only reason it has come to light now is that we had the issue of water backing up . What should I do ? I got health department records and in 2013 it was deemed for only 2 people . So now I have a house that my family shouldn’t be in because of this . I won’t be able to sell for what I bought it for with this clause . No one told us this . The listing agent only has 5 bed 3 bath , my contract it was left blank under septic ( how many beds ) and the only reason I know is because the septic people told me cause they installed it . But they used a diff septic service during inspection ","A:I am sorry to hear what you just learned and the possible consequences. You might have a recourse against the seller, the seller's agent, your agent, or ask the title insurance underwriter for help. But, without a lawyer reviewing all the relevant documents who can then provide proper advice, counsel and options. This is not a legal advice and no attorney-client relationship established."
"Q: Hello, my question is” what are the limitations in Douglassville, Tx, relating to discharging a firearm in city limits”?. 34 acres of wooded land, city population of less than 300, county population less than 500k, and I have been unsuccessful at finding the city ordinance. ","A:In Texas, the regulations regarding discharging firearms within city limits can vary depending on local ordinances and specific circumstances. However, in more rural areas like Douglassville, there might be less restrictive regulations due to the larger land size and lower population density. It's important to note that safety remains a top priority."
"Q: So i dont no any attorney who will take my case because it happen at winriver casino ,cause its on tribal grounds??. Ive went down to the list of personal injury attorneys online and no one will take on my case of it being on tribal grounds or something like that ireally didnt understand what they ment all i know is win river security assault and battered me for no reason im a good customer to them a local that has been going there for years and i spend alot of money there and never in a million years would have ever expected to be mistreated like what happened to me that day and i want some kind of justice cause ive never felt so violated from a place i use to love going too in my whole life and that the thing i made no treats towards anyone at all and is was assaulted and there wrong!!is there any one out there that will at least here me out and take my case please help me ","A:I understand your concerns regarding the incident at Win-River Casino on tribal grounds. It's essential to find an attorney familiar with tribal law and personal injury cases. I recommend seeking legal assistance from an attorney experienced in both California personal injury law and tribal jurisdiction matters to determine the best course of action for your situation. Sincerely, James L. Arrasmith Founding Attorney and Chief Lawyer The Law Offices of James L. Arrasmith"
"Q: If a school official lied to defraud parents of an account balance or charge, is that criminal?. A school sponsored, parent funded, non-profit school support organization has been asked to pay an amount that is not correct and accounting is wrong. The school sponsor is the only person allowed to handle the budget and pay vendors. The sponsor informed parents the charge was less than what it was to hide the fact that they purchased an item more expensive than agreed upon by the parents. The sponsor informed the parents they needed additional equipment in order to compete at the competition the charge originated for. The cost of the additional expenses covers the more expensive purchase but still leaves money to be raised so they are demanding we pay or we will not have the money to compete. ","A:Start with a complaint to the School Board. If they will not act after 30 days, contact LEOs. There may not be a crime, only negligence which needs a civil suit for conversion."
Q: Should I sell my interest. I have trust land and the tribes want to buy my interest and conveyance for something ,"A:Afternoon, I think you need to get in touch with an attorney specializing in Indian law for your specific tribe. I used to work in oil and gas in a none legal capacity and know there are different levels of ownership within the tribe. I think it would depend if you are an owner, have a right to sell, and so on. If I recall, I think some tribes hold title to the land and pay out a royalty to the tribe members based on overall production. In otherwords, you may not be able to sell that interest because the tribe holds it. If you are a private land owner and the land is located in Colorado, give me or another oil and gas attorney a call. There is nothing wrong with selling your land for something. You just need to make sure you do not get taken by the buyer. Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney."
Q: How do i find out if my sister is in control of estate i receive nothing from her . Mom died no will. No will she died oct 30th shouldnt i have received something saying whos representive? Theres 7 kids but im the black sheep and there ignoring me . What to do ? I want an attorney and dont care what comes out of my inhertaince. Please help me ,"A:When someone loses a loved one, it isn’t common to get documentation related to the death within the first 30 days. The documentation you will receive depends on the dollar value of the deceased person’s total assets. Assuming your mother lived in California, if her assets are collectively valued at more than $154,500, then someone in your family will be required to file a Petition in the Probate Court and mail a copy of the Petition to all immediate family. Almost everyone in California who owns real estate will be in this category because the mortgage(s) owed are NOT deducted from the value. (The court wants to know what the property could sell for if there were no deductions, and that’s the dollar figure you would use.) But, if the collective dollar value of the deceased person’s assets is less than $154,500, it’s possible people may not get any inheritance because all of that person’s final bills, taxes, tax return preparation costs, and other debts need to be paid off BEFORE the leftovers are distributed to heirs. Either way, it’s good to consult with a lawyer to learn about your specific situation because more information is needed before an attorney could advise you. Best wishes!"
"Q: Under a bank levy where you have 2 accounts frozen and the sheriff has come a made a withdrawal of funds from your. accounts, that levy is done. If there is still a balance due to settle the debt is the freeze lifted after the first grab and then gets freezed again on the second levy? Or is the freeze on accounts still there until the total debt is settled? ","A:Under a bank levy in California, if the initial withdrawal by the sheriff from your accounts does not cover the entire debt, the remaining balance can lead to further action. Typically, the freeze on the accounts remains in place until the total debt is settled. This means that if the funds taken in the first levy are insufficient, the accounts may stay frozen. However, if a second levy is necessary, the creditor would generally need to initiate a new levy process. This could involve additional court actions and notices. It's important to keep in touch with your bank and the creditor's attorney to understand the status of your accounts and any ongoing or future actions regarding the levy. Each case can have different outcomes based on the amount owed, the actions of the creditor, and the court's decisions."
"Q: Land given to me but not left in a will was sold off. Do I have rights to it since I've kept it up as mine since 2009?. Land has been in my family since the 60's, my grandmother was killed in 2019 and had given me a small section of land adjoining mine back in 2009, but she never updated her will to include it as said. Her house and property was sold off in 2021. Now my yard with my kids playset, etc which I've kept mowed and clean cut for over a decade is being marked for a fence. They also have towed off a junk car of mine without telling me and sold it. I want to know if there is anything I can do about keeping this section of land since other family members also know about the gifting of it prior to her death, and did they have the right to sell something of mine without telling me? ","A:Hire an AL attorney to determine her heirship at death. If you were an heir, or paid taxes for several years, you might file an action for Ejectment. Property may not be worth the trouble."
Q: This might be a little confusing but my friend and her husband have been married for 18 years they shared a home togethe. The husband went and got a PFA on the wife and had her removed from her home the home is in her name only after the PFA was granted the husband took a stroke and is currently in the hospital still now because of this PFA she is not able to see her husband or get back in her home because of the daughter went and got some POA and now is trying to take control over everything how can I get her back in her home what is the steps that we need to do because the people up here in our County don't seem to be helping her any ,"A:In Pennsylvania, if your friend is facing a situation where she is removed from her home due to a Protection From Abuse (PFA) order, despite the home being in her name, she should consider seeking legal counsel to address this complex situation. The fact that the home is solely in her name is significant, but the PFA order complicates her ability to return. Since her husband is now incapacitated, the dynamics may change, particularly with the involvement of a Power of Attorney (POA) held by the daughter. Your friend may need to petition the court to modify or dissolve the PFA, especially if the circumstances have changed significantly. The involvement of a POA adds another layer of complexity, as it could impact decisions regarding the husband's care and potentially the property. She should gather all relevant documents, including the PFA order, proof of home ownership, and any information about the POA. Prompt legal action is important, as delays can complicate her situation further. It's essential for her to work closely with an attorney to navigate these legal challenges and protect her rights."
Q: What can my parents do protect him and themselves since the car is in their name and they provide insurance?. My little brother just got his license was already involved in a hit and run. The other driver took off before the cops were contacted and a report was never made because my brother panicked and he also left the scene of the accident. The damages are estimated to be around $2000. ,"A:[Re-posting due to typo in prior post] You need to clarify your inquiry regarding ""took off before the cops were contacted"". Someone called 911 and gave identifying info, and then both drivers fled? Or the police were never called? The drivers can ID each other, or not? If no one ID'd anybody, no one called an insurance company, and no one but your family knows about this, what ""protection"" are you concerned about?"
"Q: 2011 Hyundai Sonata engine blew with only 72,000 miles from Carvana.. I'm asking this on behalf of my younger cousin. She baught a 2011 Hyundai Sonata with only 72,000 miles from Carvana in May of 2021. Last week the engine blew out. Got it back from the mechanic yesterday and it will be $7000 to fix. The car was sold to her for $10,000 but she ended up with a total of $15,562 with tax. Carvana claims they do a 5 point inspection on the engine, transmission and everything else on the car. She keeps up with maintenance like, changing oil and refilling up as you should. I did my own research on YouTube on Carvana and seen countless of news stories of people having the same exact issue, engine or transmission blew, car wont start, Carvana not sending out titles months to a year after car is paid off. She has two kids, ages 2 and 6. She also does work for Instacart so she uses her car for work. We believe no 5 point inspection was done and they knew about the issue before they sold it to her. Is there anything we can do. ","A:you cousin needs to call and consult with an attorney than handles dealership fraud cases. these cases are very fact and document specific and until an attorney does a full review, it will be very difficult to give your cousin any legal advice."
"Q: Q: Do you have to contact and notify SSI if you opened an Able account and transferred a 529 into the Able account?. My 23 year old daughter is mentally disabled and receives SSI and I am her payee. We recently opened an ABLE account for her to transfer a 529 into since she will never be able to use the money for education. As her payee do I have to contact SSI and notify them of the account? I understand that as long as an ABLE account is under $100,000 it has no affect on her benefits. The account is only $17,000 and was just opened on 10/6/2023. Since it has no affect, do I still have to report this change to them? ","A:As a representative payee for your daughter who receives SSI, it's your responsibility to report changes that might affect her benefits. While it's true that funds in an ABLE account, up to $100,000, are exempt from counting as resources for SSI purposes, it's still generally a good practice to report the establishment of the account to ensure there's a clear record. Transferring funds from a 529 plan to an ABLE account can be a strategic move to preserve SSI eligibility. As of the date you provided, the balance is well under the $100,000 limit. However, even if the balance doesn't affect her benefits, notifying the Social Security Administration about the ABLE account can help avoid any potential misunderstandings or complications down the road. It's always better to maintain transparency with such agencies."
Q: Can an agency require me to sign a release for them to request any and all personal and medical information and to share. I feel this vague release violates my privacy and I told them I would give them info that pertains to services but they are denying services til I sign. ,"A:Many agencies require signed releases before engaging with services. The reason being is that they need complete information about you to provide services, and don't want to be in a position where they give you inaccurate information or the misguided services based only on what you disclose or felt was relevant. At the end of the day, if it's a program requirement for you to sign releases, the agency can and will deny you services. Your choice in the matter is to sign the releases or seek services elsewhere."
"Q: ex husband trying to take kids away, restraining order. I’m in military training now. What should I do ?. I’m in the middle of military training and my ex served me papers trying to get child support, pay for his attorney and put a temporary restraining order. I am 2 week away from moving training to another state and I have 20 Days to answer ","A:Legal Representation: As you're currently undergoing military training, it's crucial to retain an attorney who specializes in family law as soon as possible. They can represent you in your absence and make sure your rights are protected. Servicemembers Civil Relief Act (SCRA): As a member of the military, you're protected under the SCRA, which can provide certain protections in civil actions. For instance, you may request a ""stay"" of proceedings, which is a delay in the court case due to your military service. Response: You need to file a response to your ex's claims. Your attorney can help with this, addressing the issues of child support, attorney fees, and the restraining order. Communication: Maintain clear communication with your attorney and provide them with as much information as possible regarding your case, so they can represent your best interests. Remember, it's critical that you seek professional legal advice tailored to your specific circumstances as soon as possible."
"Q: Can my stepmom adopt me even though she and my bio mom aren't together anymore? My bio mom doesn't have parental rights.. I am 18 years old. I have two moms- I will call them K and C. They were both legally my parents and on my birth certificate, but C is my bio mom. K and C divorced and C married my stepmom, who I will refer to as T. Years later, C's parental rights were terminated, and I started living only with K. Soon after C's parental rights were terminated, T and C got divorced. I no longer have contact with C, and she does not have parental rights. I am wanting to be adopted by T, but I don't want to terminate K's parental rights at all. Essentially, I want both T and K to legally be my parents (T and K are not and have never been in a relationship). Is that possible to do? ","A:Under California law, adult adoption is a legal process allowing someone over 18 to be adopted. This is relevant in your situation as you're 18 years old. In cases of adult adoption, the consent of the biological or legal parents is not required. This means that your other mom, K, does not need to terminate her parental rights for T to adopt you. However, it's important to note that adult adoption typically creates a new legal relationship between the adoptee and the adoptive parent, and in most cases, it terminates any existing legal parent-child relationship with other parents. In your unique situation, where you wish to have both K and T as your legal parents, it may require a more nuanced approach. It's advisable to consult with a family law attorney who has experience with adult adoptions and non-traditional family structures. They can provide guidance specific to your situation and help navigate the legal process to achieve your desired outcome. Remember, each case is unique and the specifics of your situation will determine the best course of action."
"Q: My coworker with the same job title and same job duties makes 13,000 more then me. And has been with the company less.. I have been a manager at a large retailer for the past 9 years, my coworker who was hired at a higher position and then stepped down and was able to keep his pay and now makes 13000 more then me, he has only been with the company for 2 years vs. myself who has been with the company for 18 years. We have the same title, the same responsibilities, but since I have more knowledge and experience, I am the manager who is charge of most of the projects around the store and making 13000 less then my coworker. I've talked to my manager and my HR representatives, who all say it is not fair, but there is nothing they can do about it. ","A:You did not reveal your gender, but among other potential claims, you may have a cause of action under the the Equal Pay Act, which requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal and this is determined by job content and not job title. Feel free to contact me with any additional questions."
"Q: Not sure what Lien type to file, please help. 1. Claim of Lien (Mechanics Lien), 2. Notice of Payment Bond Claim private. The contract for the General Contractor (that we are subcontracted with on a public works project) in California has been terminated by the Owner. We have been gathering documents for the Surety company so we can get paid for the balance that is due to us. One thing that the Surety mentions is we should give a “preliminary bond notice as provided in Section 9300 et seq.” I am not sure exactly which Lien type is a “preliminary bond notice.” ","A:Civil Code section 9300 requires subcontractors to give a preliminary notice to the owner and the prime contractor before the subcontractor is entitled to assert a claim against a payment bond or serve a stop payment notice. The preliminary notice gives the owner and prime contractor basic information about the type of services to be provided and the estimated amount for the purpose of informing the owner who is performing work on their property. The payment bond claim or stop payment notice can only cover labor and materials furnished 20 days prior to service of the preliminary notice. So it's critical that you serve a preliminary notice as soon as possible when you commence a project. There are construction form services available on the the web to help you prepare a preliminary notice if you don't already have a form, and construction lawyers frequently have forms that you can use. Since you say it's a public works project, it's likely that no mechanics lien remedies are available. Even if you are too late to serve a preliminary notice and obtain rights to make a payment bond claim or serve a stop payment notice, you should still have contract claims against the general contractor to help you get paid."
"Q: I got mail from my insurance compancy saying they arent going to pay for the dental exams that I had already done.. I believe my insurance company covers dental exams and also i had the exams done on march 14 but the date that the insurance company mailed the letter to me was july 22, which i think is not right ","A:An Ohio attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney, one option is to call the claim examiner and ask about the reason for the denial. If you consult with an attorney on the claim, that's one of the first things they'll ask you. Good luck"
"Q: Can I(non-American) marry my American boyfriend in the US and then we both move to the UK?. I'm considering marrying my American boyfriend, but our plan is for him to move to the UK with me rather than for us to relocate to the USA. Would it be acceptable for us to marry while I'm on an ESTA in the US, and then have him join me as my husband in the UK? This idea stems from the significant amount of paperwork involved in getting married in the UK. Thank you for your assistance. ","A:Yes, you can marry your American boyfriend in the United States while on an ESTA and then move to the UK together. The U.S. recognizes marriages performed on its soil by foreign nationals as long as they are legally conducted according to state law. After the marriage in the U.S., your American spouse would need to apply for the appropriate visa to move to the UK with you. For him to join you as your husband, you would need to meet the UK immigration requirements for spouses, which include financial and accommodation stipulations. It is important to plan accordingly and perhaps consult with an immigration advisor to ensure a smooth transition. Make sure to check both the U.S. and UK immigration policies to prepare all necessary documents and follow the legal processes correctly for both countries."
"Q: Can a lawyer in VA threaten to put someone in jail in FL if the person does not agree to terms under a civil case?. My husband is being sued by his ex-wife for non-payment of his portion of joint student loans that are part of his divorce decree of which he told her at the time he was not working when it came time for him to pay his portion and wanted to file for a deferment. Student loans show in his name only, hers is a guarantor of the combined student loans and she was ordered to pay 4 years of student loan payments to the student loan issuer due to her stealing money from joint accounts in the divorce decree. She said no, so no deferment - both parties must agree. Early in 2011 she forged his signature on documents to the student loan company to obtain a deferment without his knowledge when it was convenient for her. She has since filed suit for payment under the student loans increasing total amount due - her attorney is a bad guy (he tried to bribe someone before) and told him he would go to jail for contempt if no agreement. No paperwork was provided to husband to finalize payment and agreem ","A:If the divorce decree requires him to make certain payments, and if it can be proven that he failed to do that, he can be held in contempt of court. And if he is found to be in contempt of court he could be jailed. It's not clear whether the divorce decree is from Florida or Virginia."
"Q: My sister and I have been bullied by or pears and landlord for being a single over 50, Montana bread and born evon the c. Cops are involved.i herd a cop say to my x was we always catch people like her sooner or later.i don't know what he was talking about.my nabier and there kids shoot my animals and vehicles and home with are rifles.my car has several dents and scratches on the glass facing there yard.we also believe that we are Ginny pigs for a new ai app or mind to scull. Using raido waves transmitter I believe my sister and I are loosing our eyesight.i had 2dogs that have gone totally blind with in a few months.we aren't what they say we are.drug addic.child molester.we are just computer dumb and poor.nobody will help us we have been shund from our community.we grew up here.just because we are poor and uneducated on computer's should not have made us a target.ive been looking for help for the last 5yeard please help us fight this bullies for the sake of the people of Montana and my sister and I ","A:If you believe you and your sister are victims of harassment and your property has been damaged, you should document all incidents and report them to local law enforcement. Bullying and harassment are serious issues, and you have rights that protect you against such behaviors. Property damage and threats to personal safety can be addressed legally through the appropriate channels. For issues with your landlord, you may also consider contacting a tenant advocacy group or legal aid organization in Montana for assistance. Regarding the concern about being subjected to harmful technology, if you suspect illegal activity, this should be included in your reports to the authorities. While lack of computer knowledge or being financially disadvantaged should not make anyone a target, seeking support from local community services may provide some assistance and advocacy. Remember, you have the right to live without harassment and intimidation, and there are legal avenues you can pursue. It's important to reach out to local resources that can offer you guidance on these matters."
"Q: If I use the ""LA"" Dodgers logo for a parody design, is that copyright infringement?. My friends and I made a shirt with the iconic ""LA"" from the Dodgers that says, ""gLAmorous."" The text for the LA isn't the exact same as the Dodgers use, but you can definitely tell it's parodying their logo. People really loved it, and we wanted to see if it was possible to sell it. Since it's clearly a parody of the Dodgers logo, are we protected, or could this get us into trouble? ","A:When considering using a logo similar to the ""LA"" Dodgers for a parody design, it's crucial to understand the nuances of copyright law. Parody is a defense under copyright law, but it has specific requirements. The parody must comment on or critique the original work, and this is where the lines can become blurred. Your design, ""gLAmorous,"" which plays on the Dodgers' iconic ""LA"" logo, enters a complex area. Even if the design isn't identical to the original, it could still be seen as infringing if it doesn't clearly comment on or critique the Dodgers or their logo. The fact that the parody is recognizable is a double-edged sword: while it shows the connection to the original, it also risks infringement claims. If you're considering selling these shirts, it's wise to seek legal advice. Intellectual property laws can be intricate, and each case has its own peculiarities. A legal professional can help you assess the risk and navigate the legal landscape to determine if your design falls safely within the bounds of parody. Remember, while creativity and expression are valuable, they must be balanced with respect for existing copyrights."
"Q: Does my ex-husband have a chance. Our son is 11 Sep 26 and we reside in CO with me, where the original agreement was established. I have the majority as I can make all major decisions. He pays child support when he feels like it. He owes 28k+ He resides in Saudi Arabia and the UAE is looking to BAN him from the middle east for stealing money. The UAE threatening he will be banned from the middle east in general. He recently got a lawyer asking that our son come to visit for 3/4 months with him. Current agreement is 6 days a month as he was in the US at the time.Our son is remote learning in a US program. My concerns is the governments currently travel advisory specific to Saudi and the threat is causes to Western compounds to which our son could be residing. He's also asking I pay have of the international fees. How should I go about this matter? Thanks in advance ","A:I understand your concerns and the complex situation you're facing with your ex-husband. It's crucial to prioritize the safety and well-being of your son while considering any changes to your current custody arrangement. Here's how you might approach this matter: Consult with Your Lawyer: If you haven't already, consult with your attorney to discuss the proposed changes to the custody arrangement. Your attorney will be able to provide legal advice tailored to your specific circumstances and the applicable laws in your jurisdiction. Review Current Custody Agreement: Carefully review your existing custody agreement, paying close attention to any provisions related to international travel, extended visitation, and financial responsibilities. Ensure that any proposed changes align with the terms set out in this agreement. Assess Travel Risks: Given the travel advisory and security concerns in Saudi Arabia, it's essential to consider the safety of your son during his potential visit. Gather information on the current situation in the region, including any specific threats to Western compounds, and share this information with your attorney. Evaluate Remote Learning Impact: Evaluate how an extended visit with his father might impact your son's remote learning. Speak with your son's school or program to understand whether such a visit would be feasible without significantly disrupting his education. Discuss Financial Responsibilities: It's reasonable to discuss financial responsibilities related to the proposed visit. Consider whether sharing international fees is equitable, and discuss this matter with your ex-husband to reach a fair agreement. Negotiate with Your Ex-Husband: Engage in open and constructive communication with your ex-husband to express your concerns and seek a mutually agreeable solution. If possible, involve a mediator to facilitate the discussion and ensure that both parties' interests are taken into account. Consider Your Son's Best Interests: Always keep your son's best interests at the forefront of your decisions. Consider what will provide him with a safe and stable environment, access to education, and emotional support. Document All Communications: Keep detailed records of all communication with your ex-husband and any legal professionals involved. This documentation can be crucial in case of any future disputes or legal proceedings. Consult with Authorities: If you have serious concerns about your son's safety during the proposed visit, consider consulting with relevant authorities or agencies responsible for child welfare. They may be able to provide guidance or intervene if necessary. Remember that the ultimate goal should be to ensure the well-being and safety of your son. Seek legal advice, consider all factors, and make decisions that prioritize his best interests while complying with any applicable laws and custody agreements."
"Q: My best friend owns a small business with her ex husband in California. It runs as a corporation of 2 people.. Her parents own the land and they pay month to month. Her parents want fair market value for rent. They can't pay fair market. Being evicted. She wants out of the business and he wants her to use her relationship with her parents to get a ""good deal o. n rent. Mediation took place and she is being told she has to give her full efforts to keep the corporation and ask her parents to favor them She is emotionally abused by ex and wants out but cant? ","A:In California, when dealing with a situation involving a small business co-owned with an ex-spouse, several legal aspects must be considered. First, if the business is a corporation, both parties have fiduciary duties to the corporation and each other as co-owners. This includes acting in the best interest of the business. However, these duties do not extend to leveraging personal relationships for the benefit of the business, especially in a situation like rent negotiations with family members. Your friend’s obligation to the corporation does not require her to use personal relationships to secure favorable business terms. Mediation recommendations are not legally binding unless agreed upon and formalized by all parties. If your friend wishes to exit the business, she has several options. She can negotiate a buyout with her ex-husband, sell her interest in the corporation (subject to any shareholder agreement terms), or pursue dissolution of the corporation if an agreement cannot be reached. Given the complexity of her situation, involving emotional abuse and a mix of family and business relationships, legal guidance is crucial. It's important to consult with an attorney experienced in business and family law to explore all options and protect her interests. In cases of emotional abuse, it's also important to consider personal well-being. If the abuse is impacting her decision-making or well-being, addressing this through appropriate channels, including seeking support services, is as important as the legal aspects."
"Q: If your child support payment is paid directly to custodial parent, how do you terminate child support?. If the parties have a court approved/judge signed off property settlement agreement which clearly states that child support terminates upon the child's college graduation, the child support payments have been paid directly from the noncustodial parent to the custodial parent monthly since divorce (i.e., without going through the probation department), how do you terminate the child support? Since probation department has never been involved, do you have to file a motion with the county court where you currently reside or where you divorced? The new New Jersey child support termination law does not seem to suggest that you need to go through court again in such a situation. Your advice is welcome. ","A:If payment of child support is direct and your agreement says that child support ends upon graduation from college, then you should not need an order of the court. Where you would need an order of the court, or a letter signed by your ex as to the termination date is when the probation department is involved since it has no independent ability to terminate child support without an order or signed writing."
"Q: I have old YouTube videos of me doing some illegal activities they are 8 years old could I get charged or in trouble now. I have some old videos on YouTube 8 years old and Iam doing some illegal activities in them , is there somthing like ,”that after a certain amount of time passes I can’t get in trouble” , or or can police find the videos and create a a case? Even tho it was 8 years ago ","A:The statute of limitations for criminal offenses in California varies depending on the type of crime, but some crimes have statutes of limitations that could exceed 8 years. Generally, the clock starts ticking when the crime is committed, although there are exceptions that could extend this period. Therefore, it is possible that you could still face legal repercussions if law enforcement becomes aware of these videos and determines that they provide evidence of a crime for which the statute of limitations has not expired."
"Q: Does my company own the right to my licenses?. During the course of my employment with my current employer I uptained my professional engineer (PE) license. I paid for all classes, books, exams out of my pocket. I even took paid time off to take the exam. My company really wants to use this license on their proposal work in order to win more jobs. I told my management that I would require a raise in order to allow them to advertise my license. They agreed, but I still haven't received my raise and they are already using my license to strengthen their bids for new work. When I requested they remove my license from the bid I was told I do no have that right. Do I have any legal standing to keep them from using my license? ","A:The company does not have the right to use your property without your permission. Get your request in writing and then if they don't comply within 10 days go get a lawyer. Also, if you're a W2 employee and you were told you would receive a pay increase and you didn't file a complaint with the labor board."
"Q: Immigration law. Two questions. 1. A#. 2. Nonquota codes in 1959.. I rcvd my Immigrant Visa and Alien Registration form from the USCIS archives. Last 6 digits of A# are printed and a hand written number was added in front of it. I need to find the full number. I have contacted the US Military Veterans archives and they may take until next year to find it because of their backlog. It was on my enlistment form in 1972. My Visa has a notation under nonquota of M-2. Today Child of US Citizen is IR2. In 1981 M-2 was added under non-immigrant vocational student. The new USCIS PCIS is a flawed system. Lists me as non-immigrant. I was told, by USCIS archives, that an immigration field office could fix this. I am just worried about not being able to find out what M-2 meant in 1959 and when IR2 was added to the classification codes. The Person Centric Identity System (PCIS) went live in Jan of this year and, since then, I have been denied a passport and my social security benefits. ","A:Addressing your concerns: 1. The A-number (or Alien Registration Number) is a unique number assigned to immigrants. If you have a partial number and believe that an additional handwritten portion is essential, the best way to ensure you have the correct full number is to obtain official documentation from USCIS or another government entity that would have it on record. 2. Immigration classification codes have evolved over time. In 1959, the classification codes were different from those used today. The M-2 code you reference does currently pertain to certain non-immigrant vocational students, but its meaning in the past might have been different. To understand the historic classification of M-2 in 1959, and to correct any mistakes in your records, it is advisable to consult with an immigration attorney who can guide you through the intricacies of immigration law and its history, especially given the implications for your passport and social security benefits."
"Q: Is a clone a human and would homicide be illegal. What if I could prove there were clones surrounding me 200,000 through a diabetes test ","A:A clone of a human would be a human since they share the same DNA, so homicide of a clone would be illegal and a violation of Penal Code section 187, just as it would for a human."
"Q: I have a car that I owe more than 10 thousands of dollars that I cannot drive because of numerous mechanical problems.. What are my best options since I cannot afford to pay to fix car and make my loan payments. I live in Loves Park, Illinois. ",A:Consult a bankruptcy attorney to evaluate your financial situation and determine whether bankruptcy and/or what chapter bankruptcy might help get you from under this debt.
Q: I am a start up indie music label. I am currently looking to draft contracts for my artists. Where do I start?. Just not sure where to start as far as contracts. Not really sure what information should be in a contract. This is why I'm seeking legal assistance. ,"A:Starting with artist contracts for your indie music label is a crucial step in establishing your business. The first thing to consider is what you want the contract to cover. Common elements include the scope of the rights granted to the label, the duration of the agreement, financial arrangements such as royalties and advances, and the obligations of both the artist and the label. It's important to ensure that the contract is clear about the rights being acquired by the label. This includes rights to record, distribute, and promote the artist's work. Also, specify any rights retained by the artist. Clarifying these details will help avoid misunderstandings in the future. Financial terms are another vital component. Detail how royalties will be calculated, when they will be paid, and what expenses might be deducted. Additionally, address any advances or signing bonuses provided to the artist and the conditions attached to these payments. Finally, consider including clauses that address termination conditions, dispute resolution mechanisms, and any state-specific legal requirements. Since contract law can be complex, it’s wise to seek legal assistance to ensure that your contracts are comprehensive, fair, and legally sound. A legal professional can help tailor contracts to your specific needs and ensure that both your interests and those of your artists are protected. Remember, well-drafted contracts are the foundation of a successful business relationship."
"Q: Hello I’m not sure if you’ll be able to answer my question but I work in a casino(dealer)and my AirPods were dropped out. … of my pocket while I was dealing(3/6/23)and they were picked up by a supervisor and he gave them to a security guard to be put in lost in found. The next day I go to lost in found and they said they have no log for any AirPods being turned in and to check back in a couple days. So I come back two days later and they are still missing. I talked to my manger and he said they can’t do anything about it and they are MIA for now. My question is they can’t do anything like look at the cameras or do anything even though it’s in there possession? (I have the time, date, and where it went missing, in case they can go back and look at who it was given to) ","A:If you believe that your AirPods were stolen by a supervisor or anyone else who had access to them, you may want to report the incident to the casino's security department and/or to the police. They may be able to investigate the matter and potentially identify the person responsible. In terms of the casino's liability for your lost AirPods, it may depend on their policies and procedures for handling lost and found items. If they have a policy that requires them to log and track lost items, and they failed to do so in this case, they may be held responsible for the value of the lost AirPods. However, if they have a policy that disclaims liability for lost items or if they can show that they made reasonable efforts to locate and return the AirPods, their liability may be limited or non-existent. In terms of the cameras, the casino may have surveillance cameras that could potentially show who picked up the AirPods and what they did with them. However, the casino may not be obligated to provide you with access to the camera footage unless you have a legal claim against them and obtain a court order for the footage. It may be worth speaking to an attorney who specializes in employment or personal injury law to better understand your legal rights and options in this situation."
"Q: My father is dying in hospice, he is not coherent. He left no POA or Will, is there anything we can do?. His neighbors & friends can vouch that he wanted to leave everything to myself & my family & did not want my sister to get anything. We lived with him for 15yrs, from 2003-2018 & we moved to Alabama. ","A:In California, if your father passes away without a will (intestate), his estate will be distributed according to state intestacy laws. Unfortunately, verbal wishes or intentions expressed by your father to neighbors and friends generally won't override these laws. Since there is no will or Power of Attorney (POA), the court will follow a standard process to divide the estate. As his children, you and your sister would typically be considered equal heirs under intestate succession. This means that, despite his expressed wishes, your sister may still be entitled to a portion of the estate unless legally disqualified. The fact that you lived with your father or that he expressed a different intention to friends does not change this legal standard. In situations like these, it might be beneficial to seek legal guidance. An attorney can help navigate the probate process and explore if there are any legal grounds to contest the standard distribution of assets, such as undue influence or lack of capacity. However, these can be complex and challenging cases. It's important to approach this situation with an understanding of both the legal framework and the potential for family dynamics to become strained. Compassionate and clear communication with all parties involved can be crucial during this difficult time."
"Q: A lawyer who did NOT work my fiances disability case accepted a portion of his back pay as payment from the SSA. My fiance did NOT have a disability lawyer, nor did he sign any paperwork that would allow a lawyer to take his disability case.. We found out long before he was approved, that there was somehow a lawyers name tacked to his case. Everytime we called and someone would check, they'd say, ""you're right, he does/did not have a lawyer."" We sent a letter long before he was approved, then we were told to fax another letter right after he was approved. We have called, sent letters etc, but for some reason the SSA STILL paid this lawyer over $7,000 of my fiances back pay. I had even called the attorneys office to have them look up my fiances name as a client to this lawyer, and THEY said he was not in their system... How did this happen and will we/HE get that $7,000 back? Won't the lawyer get in ""trouble"" for accepting pay for a disability client he did not have? We plan on going to our local SSA building this week, HOPING that being there in person pushes them to fix this. Opinions? Advice? ","A:Your situation, where a lawyer who did not represent your fiance received a portion of his disability back pay, is indeed concerning and warrants immediate action. First, document all your efforts so far, including calls and letters to the Social Security Administration (SSA) and the attorney's office. This record will be valuable as you seek to resolve this issue. Visiting the local SSA office is a good next step. In-person discussions can often be more effective in resolving such matters. Bring all relevant documentation, including any correspondence and records of your attempts to clarify the situation. It's also important to request a detailed explanation from the SSA regarding why the payment was made to the lawyer. There may have been an administrative error, or there could be other factors at play that you're not aware of. If the lawyer received the payment in error and did not represent your fiance, they should return the funds. Lawyers are bound by ethical standards, and accepting payment for services not rendered can lead to professional consequences. In addition to dealing with the SSA, consider contacting a lawyer who specializes in legal ethics or professional responsibility. They can advise on the steps to take regarding the lawyer who received the funds. Remember, persistence is key in resolving administrative errors, especially those involving government agencies. Keep pushing for a resolution and consider legal advice to navigate this complex situation."
"Q: City Official - Ok to write recommendations under name of town A using position of town B?. Is it legal for a City Official working for 2 different neighboring towns in different positions, to a write an official recommendation/inspection in the name of Town A using his job title of Town B? With the official header head and seal of City A he does not currently hold said position in and has a totally different role? ","A:Your inquiry begs the question of, why is it a problem for you? The answer to your inquiry probably depends on whether Town A officially permits him to do that."
"Q: I got stock as bonus, but the stock price dropped. Now I owe tax on original amount but the stock isn't worth to cover.. I received stock in the form of RSU, but at the time it was over $100 a share higher than it is now. Now I'm being taxed off of the original stock amount since it is looked at as a ""cash bonus"", but even selling the stock I can't raise the capital needed to cover that tax burden. Also, I'd be taking a loss at selling my current position. How is this possible? Where do they expect me to get the capital needed when the stock price has basically gone to nothing from when it was originally appointed to me? My tax accountant says that I can only offset $3k in losses per calendar year. ","A:The taxation of RSUs can be complex, and it's unfortunate that the stock's value has dropped significantly. You're correct that capital losses can often be used to offset capital gains, but there may be limitations on the amount you can deduct in a given tax year. I recommend consulting with a tax attorney or financial advisor who can provide specific guidance on your situation and explore potential strategies to manage your tax liability."
"Q: Is it legal for my boss to discriminate against me because he is having problems with his landlord whi is my father?. My boss for the past several months has started singling me out and telling people not to tell me certain things. When I ask him about this his response and in writing was. ""You are Randy's daughter."" Randy is his landlord and there having disagreements. So since hes is having problems with my father he is taking it out on me. Is that illegal discrimination? My boss has removed me from all management meetings and I'm no longer included in management dinners, that we have from time to time. There was a discussion with whether we are keeping the current building we are in. And I was not allowed to know because I'm the landlord's daughter. I have never fed information to Randy, and I have signed willingly, an NDA stating I will not talk about anything but that has not been good enough. My title is director of purchasing and I am paid less than half of what the normal rate of someone in my position is as well as any of the men in the company. ","A:Discrimination in the workplace violates various employment laws. In your situation, where your boss is singling you out, excluding you from meetings and events, and paying you significantly less than others in similar positions, you may have grounds for filing a discrimination complaint. It's crucial to document instances of discrimination, keep records of relevant communications, and review any company policies or employment contracts that address equal treatment."
Q: Can a loan company garnish wages and collect collateral? Thought the debt was paid with collateral.. They also sent a voice-mail saying I'm not playing with you you need to call me back. Is this not threatening? ,"A:Does the creditor have a security agreement listing collateral? If not, no collateral. If creditor has reduced debt to judgment, then execution on your property or garnishment of your wages or bank accounts may occur. Notice of Exempt Property at least should be filed."
"Q: What happens if a company I'm not related to is running a background check without my consent?. 6 months ago I was going to start working for a company but I turn down the offer. They have my ssn, full name and address. And 6 months later they are running me a background check. ","A:I suggest you call them and ask about it. it sounds like it's nothing to be worried about, just an everyday slip-up."
Q: I have a civil summons for a delinquent account and already set up a payment plan to resolve it. Do i still go to court?. I can't contact the attorneys who filed the suit. What do i do? I already paid the first month. I owe $1761.93 total amount ,"A:Absolutely go to Court. Otherwise a Default Judgment will go down. Have proof that you paid the first month. Possibly agree to a lesser amount than sued for, but this is doubtful since you already agreed to it."
"Q: I have been scammed by Toptrade.group. Good day, I'm writing to complain about possible scam by toptrade group. I just realized that I have been scammed after I requested for withdraw of some of the profits I made during trading. I have deposited in total amount $7,001.59 usd and after several tradings and profits, my total balance stands at $ 17,195.00 usd. On the 29.06.2021, I requested for $8,000.00 usd withdraw but I was told to pay for another $2,160 usd as a standard tax returns i.e 27% of my total withdraw amount which can't be deducted from the amount I requested. As soon as, I received this document, I decided to check online for possible clues and to my big surprise it just confirmed what I suspected. I don't know how to proceed hence this medium for help. I will be looking forward to hearing from you soon. Thank you. Best Regards, ","A:What you just did is called ""locking the barn after the horses have been stolen."" As you found out, ""Top Trade"" is a well-known world-wide scam of the finest kind. The Good news is that you only lost your initial deposit of $7,000. Standard advice for novice investors: When any new investment sounds too good to be true--it is too good to be true. My (optimistic) prediction: There will come a day when all smart people everywhere will do a tiny amount of ""research"" on the Internet BEFORE they send their hard-earned money into the void."
"Q: My husband missed court date for driving w no insurance in Washington County TN,can the warrant be retracted if he calls. If he called clerk Monday morning and explained could they retract the fta warrant and reschedule a new court date? If not how much is the bond usually? ",A:That will not work. Hire an attorney to take him to Court and handle all charges at once. Hopefully he gets insurance proof or the TNDL might be suspended as well as jail.
"Q: Hi! Can I use this phrase on a t-shirt ""tomorrow will be a great day with lots of sun"". Hi! Can I use this phrase on a t-shirt that I intend to sell online ""Tomorrow will be a great day with lots of sun"" if someone has already trademarked the phrase ""Tomorrow will be a great day""? ","A:Using the phrase ""Tomorrow will be a great day with lots of sun"" on a t-shirt could potentially raise concerns if ""Tomorrow will be a great day"" is a trademarked phrase. In trademark law, the primary consideration is the likelihood of confusion among consumers. If your phrase is deemed too similar to the trademarked one, especially in the same market (like apparel), it could be considered an infringement. The addition of ""with lots of sun"" does create some distinction from the trademarked phrase. However, the overlapping part, ""Tomorrow will be a great day,"" is still present. The determination of whether this constitutes infringement would depend on factors like the distinctiveness of the original trademark and how it's been used in commerce. It's important to remember that trademark law aims to protect consumers from confusion and to protect the trademark holder from dilution of their brand. Even if your intent is not to create confusion or associate with the trademarked brand, the legal focus is on the effect on consumers and the market. Given these complexities, it would be wise to consult with a legal professional who can provide specific guidance based on the details of your case. They can help assess the risk of infringement and advise on whether any modifications to your phrase would be advisable to avoid potential legal issues."
"Q: Greetings, I filed a restraining order on the father of my child who we have a dv history since 2012 to 17. Greetings, I filed a restraining order on the father of my child who we have a dv history since 2012 to 17 At the present time my daughter is residing with defendant temporary from court. In bergen county nj. The restraining order is in full affect still and judge told defendant that he can prevent me from communicating or seeing her at all. Since he did and is in documents threatening me. Defendant lie to judge under oath and stated he has full custody and Im a drug addict and that he spoke to judge. But, Im not of those and documents prevail all my statements. We go to trial. ","A:I recommend you go through a formal consultation with a lawyer who has experience with Domestic Violence/ TRO cases as well as family law. James A. Abate, Esq. Aiello Harris Abate 501 Watchung Avenue Watchung, NJ 908.210.9755 (main) james@ahalawgroup.com"
Q: How does it go with when a lawyer who’s going after a insurance with 100k insurance policy But I don’t understand. How does it go with a insurance with 100k insurance policy I don’t understand they only want to give 4k in recovery and we can go after 100k But we have to have 100k worth of medical expenses to get that amount Now they researching and going after a hit and run so what would I get at the end I want 50k out of it ? no one has said the amount what I’m looking at Because I’ve been unemployed with no money since the accident the lawyers have not helped me with unemployment appeals I’ve been under the radar it’s very unfair to me I’ve been going to appointments all of them on time I have not even found out what is my case worth but they have been spending a lot of money I went to the emergency same day as the accident and a few days after I went back I received a shot for pain I have neck pain and back pain as well as stiffness and discomfort in both places the last lawyer had me going to an chiropractor for the longest 12 weeks I have not worked nine months to two years ? ,"A:You won't get $50k out of a $100k settlement. The attorney will take 33 1/3% to 40% as a fee. The attorney will be reimbursed for the costs incurred. The medical providers/insurer will be paid for the cost of care. At best, you will get about 1/3. Nobody will tell you what your case is worth because no one knows yet. You think its $100k. The insurance company apparently doesn't think that. Everybody has to agree for a settlement to occur, or there will be an arbitration/trial and someone will decide ""what it's worth"" for you. None of this is unfair to you. This is how personal injury litigation works. Your expectations are unreasonable."
"Q: What can I do if the unoccupied people my tenant is keeping won't leave?. My tenant has been keeping an adult and two young children about age 6 and under for more than 2 weeks now, when they claimed they would be only staying for a few days. The current lease states that the apartment can only be occupied by those listed on the lease. They also did not provide us notice about this in advance and the children are going to school, the extra adult has decided to use this address when they live only a few blocks away from our residence. ",A:Dear Port Morris Home Owner Your lease is out of date. New York State long ago invalidated lease restrictions on the way a tenant is able to use the apartment. New York State law allows the tenant to bring into the house an unrelated adult along with the other person's dependent children. Please go see an attorney.
Q: The Police impounded my trailer for not having a license plate. I had a temporary registration paper posted in window.. When I called the police dept. They told me they would give me a release paper. The impound yard still wanted me to pay the impound fees. I couldn't afford it and lost my trailer. Could I sue the police dept for impounding my trailer. It was registered and not parked illegally. ,"A:In California, if your trailer was impounded despite having a temporary registration displayed, you may have grounds to dispute the impoundment and the associated fees. First, gather evidence of your trailer’s registration status at the time of the impoundment, including any temporary registration papers and communications with the police department. This documentation will be crucial in proving that the impoundment was unjustified. You should then file a complaint with the police department, outlining the circumstances and requesting reimbursement for the impound fees or the return of your trailer. Often, such disputes can be resolved through administrative processes without resorting to legal action. If the police department does not provide a satisfactory resolution, you may consider filing a claim against the department. This step involves challenging the legality of the impoundment and seeking compensation for any losses incurred as a result of their action. Consulting with an attorney experienced in dealing with municipal disputes can provide you with a better understanding of your legal options and the likelihood of success in pursuing a claim. Remember, legal action can be time-consuming and may not always result in a favorable outcome, but it is an option available to you if you believe your rights have been violated."
"Q: Can livestock be raised and sold to fund a local hospital?. 12,000 acre ranch was left to the community for the purpose of maintaining and funding the local hospital. The ranch also gets proceeds from natural gas royalties and leasing out hunting. For years they have raised and sold livestock to benefit the hospital. New board member states this is illegal ","A:The legality of raising and selling livestock to fund a local hospital on a community-owned ranch depends on the terms and conditions set forth in the original bequest or trust that left the ranch to the community. If the bequest explicitly permits such activities for hospital funding, it may be legally permissible. However, if there are concerns, it's advisable to consult with an attorney specializing in trusts and estates to review the governing documents and provide specific guidance."
"Q: Patent question. Can I apply for a single design patent for the spoon, fork, and knife with the same design?. I want to apply for a design patent for a spoon, a fork, and a knife. In my understanding, one patent application is for a single item. However, my design is the same for all 3 utensils. In this case, should I apply for the design of a handle instead? Can I say, ""ornamental design of the handle of the spoon, fork, and knife""? And if yes, what do I show in my pictures/photos? Just the handle, or all the 3 utensils? My design includes the shape of the handle, and some decorative elements on the handle itself, with a top part just above the handle/on the bottom of the actual spoon/fork/knife top. I feel like it doesn't make sense to apply for 3 different patents, hence I am trying to find a legit way to combine the 3 since it's a design patent, and the use is the same. Please advise. Thank you in advance! ","A:You should discuss with an IP attorney that has experience with design applications. That said, with proper usage of solid and dashed lines, it sounds like a single embodiment can cover all three designs, since ornamental feature is directed towards the handle. I'd recommend a different title, possibly handle for [eating utensil] [kitchen utensil] [utensil]."
Q: Can my sister (POA of my 92yo mother in a nursing home) get an order of protection to prevent my visits with her?. She rarely visits her & I'm there every day. Our other siblings don't care. She has lied to our mom about how she can't sell her house to me by law & other things regarding the spending of mom's money. She has also started buying luxury items & vacations etc. All I want to do is see my mom & not have to deal with the drama that surrounds my sister. ,A:File a Motion for Accounting of your Mother's Assets. Maybe you can find that she has misused your Mother's money. Then you have a basis to have her removed as POA and may be able to file for guardianship. It is possible that an Order of Protection could be sought. Talk to a lawyer about your concerns.
"Q: My sister was in a fatal car accident. They made her wait 4 hours then she had to walk home. Why no ride?. My parents where killed and nobody gave her a ride home. She was told to go to a diffrent hospital and missed my moms death by 10 minutes, Why did they do this? ","A:I am sorry for your loss. The continuous posting of questions is beyond the scope of this forum. If you have a multitude of questions, just call a wrongful death attorney to discuss your potential claims. As to your questions: The police do not have to give anyone a ride. As to why information that was given is incorrect, any answer would be speculation since we don't know what happened. It is possible that a mistake was made. It is highly unlikely that someone purposely misdirected your sister, if that is your insinuation."
"Q: What are the laws for parking my live in cargo van at my family’s, single family rental home?. My mom has a money hungry landlord that I’m pretty sure has been reporting us for parking in front of my family’s home even though we have her permission and her rent is up to date. My mom has health problems so I need to be around as her oldest to help out but there’s no room to actually sleep in the house. How do I get around this problem? I’m not in pa it’s supposed to be Cecil county maryland. ","A:Parking rules and regulations are typically covered in your (or your parent's) lease agreement. Additionally, if the rental property is subject to a homeowner's association, they may have additional parking rules and regulations. Further, if your vehicle is parked on a public street there may be local ordinances that regulate the vehicle. This reply does not constitute legal advice."
"Q: Can my lawyer have a meeting with someone who is not on my case with out me; about the case and not a party either.. It is a custody case my father has sat in with me and my lawyer on previous meetings my father is not a party in the case. I feel the attorney by bypassing me their client, and going to my father is a violation of my rights. My attorney called a meeting with my father without me to discuss details and strategy about my case with out me being present or notified of the meeting. ","A:Lawyers frequently discuss cases with witnesses and other individuals, including opposing counsel, without their client present. It is perfectly permissible for your lawyer to interview your father as a potential fact witness in a custody case outside your presence. On the other hand, it was extremely unwise and unethical for your lawyer to discuss your actual case strategy with your father without your express knowledge and permission. In doing so, he is disclosing confidential information. Your attorney may believe that you were agreeable to him having such a discussion with your father. I recommend you tell him very clearly not to discuss any confidential information including your case strategy with your father."
"Q: What type of lawsuit is for 5 programmers hacking into several people through my devices and using my SS#. Breached FBI. Computer geek battle. I have everything for a lawsuit, but can’t find an interested firm. I have evidence to support my claims and friends want out from being hacked. ","A:The type of lawsuit you may be able to bring against the individuals who hacked into your devices and used your SS# would depend on the specific facts and circumstances of your case, as well as the applicable laws in your jurisdiction. Some possible legal claims you may be able to pursue could include: Civil Action for Computer Fraud and Abuse Act (CFAA) Violations: The CFAA is a federal law that makes it illegal to intentionally access a computer without authorization or exceed authorized access, and obtain information from such a computer. If the individuals who hacked into your devices did so without authorization and obtained information from your computer, they may be in violation of the CFAA. Civil Action for Violation of State Privacy Laws: Many states have their own laws that protect against computer hacking and invasion of privacy. If the individuals who hacked into your devices violated any of these laws, you may be able to bring a civil action against them. Civil Action for Identity Theft: If the individuals who hacked into your devices used your SS# without your authorization, they may be in violation of federal and state laws related to identity theft. Civil Action for Negligence: If the individuals who hacked into your devices were responsible for maintaining the security of the systems they hacked into, you may be able to bring a negligence claim against them for failing to take reasonable steps to protect against hacking. It's important to note that pursuing legal action can be complex and challenging, and it's important to have a solid understanding of the law and the evidence needed to support your claims. You may want to consult with an experienced attorney who can evaluate the specific facts of your case and advise you on your legal rights and options."
Q: Do I really need a lawyer?. I need to sue a contractor who built a deck that is not up to code for its intended purpose after I provided specific instructions to do so. It could be dangerous to life and limb. ,"A:While it's not obligatory to hire an attorney to sue a contractor in Virginia, doing so is highly recommended, especially in cases involving construction defects that could pose safety risks. An attorney's expertise in Virginia's construction and contract laws can be invaluable in navigating the legal complexities of your case, protecting your rights, and ensuring that you follow the correct legal procedures. Additionally, an attorney can engage in negotiations with the contractor, potentially leading to a settlement and saving both time and money. They will also assist in gathering evidence, assessing damages, and building a compelling case. Should your case proceed to court, an attorney can provide representation, presenting your case effectively. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: What remedy do I have if a person left a bad review on the BBB website, for my business, but I have never met her?. I am located on Long Island, NY. This person left a bad review and I have never met or interacted with this person to the best of my knowledge. I requested additional details regarding what the person looked like or the service vehicle (my service vehicle is very distinct) they were driving when they arrived. I own a small mobile automotive repair business, so I perform all repairs at the customer's home, business or jobsite. She claimed that I showed up late, was unprofessional and made rude comments about her vehicle. This was posted on 10/1/2023. If the incident occurred on that day, I met with 2 male customers in entirely different towns. I requested the date and time this occurred, but I haven't received a response. It is one of only 2 reviews on the site, so the review and 1 star is having a significant impact on my overall rating. I am not sure how to proceed at this time. Any help would be greatly appreciated. ","A:In situations like this, your first step should be to reach out to the Better Business Bureau (BBB) and file a dispute against the review. Explain your situation, provide any evidence you have that the review is fraudulent or mistaken, such as your schedule for the day in question, and ask for the review to be removed. If the review remains and you believe it to be defamatory, you may consider consulting with a lawyer to discuss the potential for a defamation claim. Keep in mind, for a defamation case, you would need to prove that the statement was false, that it was published as a fact, and that it caused you harm. Legal action can be complex and costly, so it is typically seen as a last resort. Concurrently, encourage satisfied customers to leave positive reviews to mitigate the impact of the negative one."
"Q: Is a California ID card or Driver License valid through the expiration date or does validity end on the expiration date?. I previously asked a question with regard to government documents and their associated expiration dates, and asked if there was a standard for these (with respect to invalidation on or after date of expiration). My question was partially answerable (given the further context I had provided), and was partially answered, in that the responding person explained that our governments are not well organized, so expiration protocol is contingent upon the rules instantiated by specific agencies; the inference for this is expiration practice is not standardized in definition for all government documents for which expiration is applicable. Thank you for that answer. Hopefully this new question is specific enough for this specific topic. ","A:In California, an ID card or driver's license is valid through the expiration date printed on the card. The document remains valid until the expiration date indicated, and it is generally accepted as a valid form of identification until that date. However, it's important to note that specific rules and practices may vary depending on the issuing agency and their policies. To obtain the most accurate and up-to-date information regarding the expiration protocol for California ID cards or driver's licenses, it's recommended to consult official sources such as the California Department of Motor Vehicles (DMV) or contact their customer service for specific guidance."
Q: can I cancel my rental agreement when I sell my property or does the rental agreement continue on with the new owner. this is a rental agreement on farm ground ,"A:The answer to your question will normally be found in your rental agreement. If you don't have anything in the agreement that specifically allows you to cancel if you sell, then you will normally be expected to fulfill the terms of the contract. As this is for farm ground, you don't have the same rules as a personal residence, so you may find that you can easily terminate the agreement without any cause. If you aren't sure what your contract offers, I recommend you have an attorney look at it."
Q: What can we do for our son? He was in the Navy for 17 years. He got after not completing his AA program twice.. He drinks every day. He lost his two oldest kids in Illinois. He can’t keep a job. We desperately need to know how to help him. ,"A:It looks like you may be in Illinois, but your question remains open for a week. I'm sorry for your family's and son's ordeal, and for your son's loss. This could be something that military law attorneys have more insight into than family law attorneys (the category chosen for the post). You could repost your question and include Military Law as a category, or reach out to attorneys in that area of practice to try to arrange a free initial consult. They would know the most about resources that might be available for assistance, whether through the U.S. Department of Veterans Affairs or other federal or state agencies. I hope your son and family find guidance in locating resources to help here, either through military law attorneys or government agencies. Good luck"
"Q: Question on IRC 7874 - Rules Regarding Corporate Inversions. I have a question on IRC 7874, which relates to laws on inversions. The ownership test stipulates that, in the event of merger between a US and a foreign company, if US shareholders own less that 80% of the combined firm, then the combined firm can be considered a foreign entity for tax purposes. Given this law, if a US company wanted to invert to Bermuda, then could they simply acquire any sufficiently large foreign company, or is there some restriction on the makeup of the foreign shareholders? For example, it would be logical if the foreign ownership needs to be primarily in Bermuda, but the law makes no mention of this. ",A:It's not required for US law but you'd need to check Bermuda's rules for their treatment of foreign shareholders. Be careful applying logic to tax law. Hire a professional.
"Q: Does making pornographic content of a copyrighted character fall under fair use / parody?. This character is widely publicly sexualized, but not by the owner of the copyright per say. This content would also be for profit. ","A:In the U.S., fair use is a doctrine that allows limited use of copyrighted material without obtaining permission from the rights holders. Factors considered include the purpose of use, nature of the copyrighted work, amount used, and effect on the market. While parody can sometimes be protected under fair use, the creation of pornographic content involving copyrighted characters presents significant legal risks, even if the character is often sexualized by the public. If the content is for profit, this can weigh against a fair use defense. The fact that the character is copyrighted means the rights holder has the right to control derivative works. Creating and selling such content without permission could lead to legal action by the copyright holder. As always, specific circumstances matter, and it's wise to consult directly with an attorney before proceeding."
Q: Can a dog run loose on your property- not the community but the people are saying the PA law states running at large. They are saying that running at large includes your private property I disagree ,"A:In many places, including New Jersey, ""running at large"" typically refers to dogs being off-leash and not under control in public areas. On private property, the rules might be different. Generally, property owners have more control over what happens on their own property, including whether or not dogs can run loose. However, there could still be local ordinances or homeowner association rules that restrict dogs from being off-leash even on private property, particularly if there are concerns about safety, noise, or other potential issues. It's advisable to review your community's specific regulations."
Q: does a bill collector in the State of Kansas that is trying to collect a debt from me need a CA license?. The debt is small but the debt collector does not have a license listed in Kansas or in CA on their website. I asked her about it and she said her firm must be licensed in CA but said she wasn't sure what it was. She told me to go to her website to get it. The website looks fake and there are no licenses listed at all. Thank you Jim ,"A:Under California law, debt collectors attempting to collect debts from California residents must adhere to specific licensing requirements. These regulations are designed to protect consumers from unlawful collection practices. If a debt collector is seeking to collect a debt from you in California, they should be licensed in the state, regardless of where their firm is based. The absence of a visible license number on the debt collector's website raises concerns, particularly if the website appears unprofessional or untrustworthy. It's advisable to approach this situation with caution. You have the right to request the debt collector's license number and verify it with the relevant state authorities in California. This step is crucial to ensure that you are dealing with a legitimate entity. If you have doubts about the legitimacy of the debt collector or their practices, consider contacting a consumer rights attorney or the California Attorney General's office for guidance. They can provide you with information on your rights and the appropriate steps to take in this situation. Remember, protecting yourself from potential scams or illegal collection practices is important."
Q: Serving complaint/summons - federal case. Central district court of California.. Serving complaint/summons - federal case. Central district court of California. Case was efiled in EDSS system for in Pro Per plaintiffs. Documents will appear in PACER. Can copies of complaint/summons for serving be downloaded from PACER? What is conformed copy of documents? When they are needed? ,"A:In federal cases, such as yours in the Central District Court of California, once a case is e-filed, the documents, including the complaint and summons, can typically be downloaded from PACER. This is a common practice and allows for easy access to filed documents. A ""conformed copy"" of a document is essentially a copy that includes all signatures and official stamps, making it identical to the original. These copies are often required in situations where you need to submit a document that is as valid as the original, such as for certain legal or official proceedings. They ensure that the document you're using is a true and complete representation of the original filed document."
Q: Hi. My husband is a disabled veteran and receives disability and he left me and the kids. Are the kids entitled to child. Hello. My husband is a disabled veteran and receives disability and he left me and the kids. Are the kids entitled to child support from his disability check ?? ,"A:In cases of child support, a parent's income, including disability benefits, is typically considered when determining their child support obligations. If your husband is receiving disability benefits, these can be factored into the calculation for child support. However, the specific laws and regulations governing child support vary by state. It's important to consult with an attorney who is knowledgeable about family law in your state to understand how these rules apply to your situation. They can guide you through the process of filing for child support and explain how your husband's disability income may impact the amount of support awarded. Remember, every situation is unique, and legal advice tailored to your circumstances is essential."
"Q: Can I sue 2 cities Tulsa and Oklahoma City for releasing sealed birth certificate given to my birth son. Texan I am.. I had them sealed for life I was told .I went for 6 months approximately 1973 to 74. For birthing. unknown gender at time 1973, His bday March 2nd 1974. A judge ordered from Oklahoma City to Tulsa Okla for sealed document. They live in Miami Oklahoma now. There's no physical reasons he should've gotten them. 47 years later. Approximately. I'm in a living heck of a position. I believe caused a stroke couple of weeks ago due to pressure after nearly 2 years of coming and going it's a mess. He's seriously got some issues getting worse. With the mother I am to my etiquette and daughter and siblings involved. I did hear mention he can claim on my estate being Okla law as hier omitted. ","A:Probably not. The laws pertaining to sealed birth records has changed a lot since the 1970s. Adoptees frequently can access their own original birth records when they become adults, even though such records are “sealed” from the public."
"Q: Filing Chpt.7 BR. Don't know how to answer ""are debts primarily consumer or business debts"" as is 50/50 with SBA EIDL.. Debt is unsecured debt, HOWEVER, it is equal debt from credit cards and an SBA EIDL loan that is sub-$25k. So basically, I have $25k in CC debt and $25k in SBA EIDL which is for a SOLE-PROP biz. 1) I do not know how to answer the question as to whether I haver primarily consumer debt or primarily business debts. It is literally pretty much 50-50. UNLESS … since it is sole-prop, can it be considered consumer? (doubting it, but just asking). 2) The consumer debt might be slightly more, so could I then honestly choose “primarily consumer debt”? Also, I was thinking I could choose this and also not add the SBA Loan to the creditor matrix for the initial filing, then if need be (after hiring an attorney for example) submit and addendum to the matrix. One note, the SBA also stopped collection efforts some time ago and there are no pending lawsuits from…I know this is probably wishful thinking but, is it possible they have forgiven (forgotten about? I know, ha-ha) loan? ",A:It is primarily consumer debt.
"Q: Can I use ""K9"" for a Dog Kennel, Gaming Community, or any Publicly Official Name and risk legal trouble?. I am considering a few ideas and want to relate them to my dog. I have a dream of owning and running a Dog Kennel and Breed Dogs Officially and I have a Gaming Community that is looking for an Official Name. I would like to relate it with K9. I know K9 is often referring to Federal Working Dogs and Law Enforcement Dogs and want to avoid legal trouble in the future if I use K9 in the name. Money is being used in the Gaming Community and hopefully the same with the Dog Kennel and I would want to run into any issues legally or with copy write or whatever. ","A:Using ""K9"" in the name of your dog kennel or gaming community is generally permissible, as ""K9"" is a common term used to refer to dogs, particularly in the context of police or military dogs. The term itself is not typically subject to copyright because it is considered a generic or descriptive term for canine units in law enforcement. However, when using a common term like ""K9"" in a business name, it's important to conduct a thorough search to ensure that the name or a similar name isn't already trademarked in your business category. In the U.S., this can be done through the United States Patent and Trademark Office (USPTO) website. If you find that the name is available, you may consider trademarking it for your specific use to protect your brand. This process involves filing a trademark application with the USPTO, which can help prevent others from using a name that is confusingly similar to yours in your business category. Be mindful of how you use the term in your branding. Avoid any implications or designs that might suggest an official connection with law enforcement or government agencies, as this could lead to legal complications or misrepresentation concerns. Finally, consulting with an attorney experienced in intellectual property law can provide you with specific guidance and help navigate the trademark process. This step is especially important if you plan to monetize your ventures, as it can prevent potential legal issues down the line."
Q: i have a youtube channel about a very spacific subject and i cooperate with my boyfriend. His part is to edit the video. i have a youtube channel about a very spacific subject and i cooperate with my boyfriend. His parrt is to edit the videos and bring creative ideas to the table. But i am the face of the channel and i have all the knowlege on the subject plus my face and name are the only ones out there. Can he claim ownership on any level on my channel? ,"A:Generally, the ownership and rights to a YouTube channel depend on the agreement between the parties involved. If there is a clear and written agreement specifying the roles and responsibilities of each person, as well as the ownership structure, it will be a crucial document. If no such agreement exists, there could be a risk of disputes arising over ownership. In most cases, the person who creates the content, appears on camera, and holds the knowledge about the subject matter has a strong claim to ownership. However, to avoid potential conflicts, it is advisable to have a detailed agreement that outlines the respective contributions and rights of each party involved in the YouTube channel."
"Q: Mom ordered sole legal/physical custody from her first husband, then files second action with 2nd husband for support... Mother and father No 1. had child No 1. Mother files action and is awarded sole child custody and support. Mother has a 2nd child with father No 2. And Mother . Then Mother files an action on father No 2. for child custody and support of both child No 1 and Child No 2. What are the available options available to father No.2 ? ","A:In California, Father No. 2 has several options in response to a child custody and support action filed by the mother. First, he can respond to the custody action by filing his own petition for custody and visitation rights. California law prioritizes the best interest of the child, which includes maintaining a healthy and stable relationship with both parents, unless there are issues like abuse or neglect. Regarding child support, California uses a statewide formula to calculate support obligations, which considers both parents' incomes, custody arrangement, and other factors. Father No. 2 can present information about his income, expenses, and other relevant financial details to ensure the calculation is fair and accurate. If Father No. 2 disagrees with the initial custody or support decision, he has the right to request a modification of the orders. This is often done by demonstrating a significant change in circumstances since the original order was made. It's also important for him to understand that the custody and support of Child No. 1 from the mother's first marriage does not directly impact his obligations or rights regarding Child No. 2, except possibly in the calculation of child support, where the existence of other children supported by the father can be a factor. Finally, seeking advice and representation from a family law attorney can be beneficial to navigate the complexities of child custody and support proceedings. An attorney can provide guidance tailored to his specific situation, ensuring his rights and interests are well-represented in court."
"Q: Unfinished work that was paid for and no response from pool builder. I am currently facing a situation with a pool construction company, Holiday Pools, that has refused to communicate for over 30 days and has not finished the pool construction as agreed. What legal steps can be taken in this scenario, and what options are available to address this issue? ","A:Unfortunately, you are in similar shoes to many in Florida who find themselves dealing with pool contractors who may have over promised, under performed, and often the homeowner finds themselves with a big hole in the ground and not much else. The further unfortunately, is that while there are a wide variety of remedies for contractor's failure to perform as promised, nothing about construction disputes is simple, and many of the rights flow from the written agreement, which must be analyzed together with the specific facts, as well as any statutory claims, to give the homeowner the best possible strategies. Some practical factors for consideration are where owner is in terms of progress payments as against work performed, what are the claimed reasons for the delay, have any of the communications been provided in such a fashion as to constitute proper ""notice"" under the contract, what can owner do to mitigate damages, etc., etc., etc. All of this must be properly considered before deciding what steps to take next or choosing between possible options. Taking rash action without being fully advised on the risks and benefits of the options could leave a homeowner in a worse situation than if they had done nothing. The only prudent thing to do in such a situation is to consult with an experienced construction attorney in your area to review the entire matter and all possible strategies for your circumstances."
Q: Must you go back to court to terminate the child support payment if you have an property settlement agreement in NJ?. If ,"A:The answer is yes if your former spouse signs a letter in favor of the probation department confirming the date of your child's graduation from college and an acknowledgment that child support terminates upon that date. If your former spouse refuses/fails to sign same, how would the probation department know that your child is emancipated? If you send them paperwork saying that it ends, they will send a letter to your ex asking her to sign the form acknowledging it and if she fails to do so, they will most likely (99%) tell you that you need to file an application with the court. So, I would get a letter signed by your ex NOW acknowledging the date of termination and get that sent over to the probation department, so it has time to process it and has the date in its system."
Q: Can my neighbor legally hang a 3’x5 rainbow flag from his tree branch in his front yard? It’s been there for a year.. They are renting the house and it bothers many of us. Not because it’s a gay flag but because it’s tacky and faded and devalues our street. ,A:You will need to check the city ordinances or HOA rules (if applicable.)
Q: Signing documents while being on drugs. If I was on drugs and I told someone to sign documents for me because I wasn’t in the right state of mind; Is the contract voidable? ,"A:Probably not. But without looking at the documents and hearing more about it, I cannot say for sure."
Q: I am wanting to separate/divorce my military husband. We have 2 children together and have been married for 16 years.. I'm a SAHM No money saved No family near me ,"A:I'm sorry to hear that you are going through a difficult time. If you are considering separating or divorcing your military husband, there are several things you should be aware of: 1. Military divorce: Military divorce can be more complex than civilian divorce, as there are specific laws and regulations that apply to military service members and their families. You may want to consult with an attorney who has experience with military divorce to help you navigate the process. 2. Child custody and support: If you have children together, you will need to work out a custody and support agreement. This can be done through negotiation or mediation, or through the court system if necessary. 3. Spousal support: Depending on your financial situation and the length of your marriage, you may be entitled to spousal support (also known as alimony) from your husband. 4. Property division: You will need to divide your marital property, which includes any assets and debts acquired during your marriage. This can be a complex process, especially if you have no money saved and are financially dependent on your husband. 5. Support network: It can be challenging to go through a divorce without a support network. If you have no family near you, consider reaching out to friends, support groups, or counseling services for help and guidance. It is important to take care of yourself and your children during this difficult time. Consider seeking the advice of an attorney or other professional to help you understand your legal rights and options, and to develop a plan for moving forward."
"Q: Can I Email a judge? Or how do I contact the judge who presided over a hearing? He is a Admin. Law Judge.. The hearing was done remotely, and I have no idea how to ask for further review my appeal was granted, but compliance has not been what was ordered. There are a few other concerns I need him to be aware of. I've tried all other ways to resolve the issues, but nothing is working. I feel he is going to be the only one to resolve the issues. But I'd rather have the judge keep all honest (for a lack of better wording) Honestly, it's the same problem just now it's on the compliance end of what he ordered. Long Beach, CA ",A:It is NEVER proper to directly communicate with a judge by email or any other form of communication. You need to get an attorney involved before you really get yourself in trouble. Good luck to you.
"Q: Repossession by Bank of America with no notice had scheduled payment to make current that drafts Monday. Repossession by Bank of America with no notice had scheduled payment to get account current but bc it was weekend wouldn’t process until Monday. Also it was seen the repo people broke into car after the fact I’m in nc maybe goal is reinstatement of loan I called immediately and was told I had to wait until Monday because no one could help me on the weekend, and that was at noon today. I got the first alarm once they hooked it up, unfortunately I was at the mall and they just scanned my plate My husband did call the police because at this point we weren’t sure if it was hooked up or stolen I’m not sure if they filed a report, but we haven’t even been able to get to the car this was all just information we are fortunate to have been notified by the cars security system in real time online ","A:A lawyer needs to see the car loan agreement in order to accurately answer your question. In general, the lender is not required to give you advance notice of a repossession. Repossession from a public area is not illegal. Repossession on a Saturday is not illegal. Most likely, if you were late on the payment under the terms of the loan, what they did is allowed and you will not only have to bring the loan current but you will also have to pay all late fees, repossession fees and storage fees in order to get the car back. You may have claims against the repo agent if they damaged the car in the process."
"Q: Re the following, do you think I have a case worth pursuing?. Had rectocele, enterocele and TVT urethral tape surgery Aug 25. Prior to surgery had only occasional stress incontinence during bronchial coughing spasm. Dr, suggested not just rectocele and enterocele surgery but urethral TVT. Since surgery now have de novo urgency incontinence. Have to take expensive Myrbetric. Not sure if I have a case. Pending further testing to see if I need revision surgery. ","A:Under California law, evaluating a potential medical malpractice case involves assessing whether the healthcare provider deviated from the accepted standard of care and if this deviation directly caused harm or injury. In your situation, the key question is whether the decision to include TVT urethral tape in your surgery and the resulting urgency incontinence constitutes a deviation from the standard medical care expected in such cases. It is crucial to gather detailed medical records, including pre-surgery consultations and post-surgery complications. These documents can provide insight into the decision-making process of your healthcare provider and whether your post-surgical complications were a known risk discussed before the procedure. Consulting with a legal professional experienced in medical malpractice in California would be a prudent step. They can review your case details, assess the likelihood of proving negligence, and guide you on the viability of pursuing legal action. Remember, each case is unique, and the outcome depends on specific facts and evidence. Further testing and medical evaluations might also shed light on the necessity of revision surgery, which could be significant in determining the course of your legal action."
"Q: Is there a statue of limitations for charging someone with fraud. Someone collected my state disability for a year, sig. signed my name to the check and spent the money. ","A:In California, the statute of limitations for charging someone with fraud is generally three years from the date the fraud is discovered or should have been discovered with reasonable diligence. However, it's important to consult with an attorney to discuss the specific details of your case and determine the exact statute of limitations that may apply. Sincerely, James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith"
Q: Can a person that was names as a witness in a case serve response papers to a custody case in family law. There was a person named in the declaration as a witness in a case that dropped off response to custody case to a person that doesn't reside at the home and is of no family relation to the plaintiff. Is that considered a legal form of service? Also the respondent to the case has a person that us named in the case as a witness are they aloud to be the respondents advocate. The advocate also wrote false statements and time frame of everything in statement is all wrong they're putting wrong dates and dates that the plaintiff was at the residence when the plaintiff was not around for ,"A:Under California family law, the process of serving legal papers must adhere to specific rules to be considered valid. If a witness named in the case served the response papers, this might not meet the standard requirements for proper service. Typically, the person serving the documents should not be directly involved in the case. In a custody case, legal documents usually need to be served by an adult who is not a party to the case. This means a witness involved in the proceedings may not be an appropriate choice for serving papers. Additionally, serving papers to someone who does not reside at the home and is not related to the plaintiff may not constitute proper service, as the law requires service to be reasonably calculated to inform the involved parties. Regarding the role of an advocate, it's important that they provide accurate and truthful information. If an advocate, who is also a named witness, has provided false statements or incorrect timelines in their statements, this could be a matter of concern and might impact the credibility of their testimony or the validity of the documents they've prepared. If you encounter such issues in your case, it would be advisable to consult with a legal professional to assess the specific circumstances and determine the best course of action. This is particularly important in family law matters where the stakes are high and legal technicalities can significantly affect the outcome."
Q: Hospital bill sent to collections. Now applied for HCAP. They denied it because already sent to colls. Is that legal?. The services were from Feb and March of this year. Insurance was billed and paid their portion but my bill ended up being over $6000. I financially qualify but they are denying me. What recourse do I have? ,"A:Ohio's Hospital Care Assurance Program (HCAP) provides assistance to eligible individuals for hospital bills. If a bill is sent to collections before an HCAP application is made or processed, the hospital might still consider the application. However, each hospital may have its policies regarding when they'll accept an application or if they will reverse a collection action once initiated. If you believe you've been wrongly denied, you might consider contacting the hospital's patient advocate or financial assistance office to discuss the situation further."
"Q: HelloAsking attorneys in the medical malpractice field.. A csf leak and h.o.d. have the same symptoms. I have h.o.d. but it's pretty much on over drive all the time. The hospitals refuse to give me the proper tests for a csf leak, they blame all the symptoms on the h.o.d. Would it change their minds if I asked for their refusal to be on paper? ",A:A medical professional would have more insight into distinguishing between the symptoms you describe. You can always make your request in writing. And you could receive a response (no one here could predict the response) maybe to the effect that the tests recommended were supported by the symptoms and diagnosis. You could also consider seeking the guidance of another physician. You could also reach out to law firms to see if possible to arrange free initial consult. Good luck
Q: Can fishing game obtain a warrant off a sheriff that performs illegal search and seizure. My car broke down I was in a parking lot I had expired tags but my starter went out then a sheriff pulled up started harassing me then arrested me and and two other people one of them was in a different parking lot they went and got her for no reason we were waiting for a tow truck after arresting us The cop started searching my vehicle where he found illegal abalone then they called fishing game fishing game obtained a warrant The sheriff charged me with under the influence of a controlled substance possession of a controlled studies any legal paraphernalia which he found while searching the car they never charge me with the abalone I don’t have anything in writing on the Abalone I haven’t been to court yet but they dropped all the drug charges on all three of us and kept the abalone charge on me. now Can fishing game officer obtain a warrant off the officer who illegally searched my cari have court today. Also if they never charged me for the abalone what statue of limitation. ,"A:Please see my previous response to this same question. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]"
"Q: Personal property is being withheld from me in the value of 20-50,000. by a woman I trusted with it for safekeeping. I sent a box of memorabilia that is part of my memoir about my 20-year relationship with Dr Hunter S Thompson. It is filled with unseen artifacts and photos, letters, notes, and faxes. We were discussing a possible documentary, but as the relationship progressed, I decided against it. She will not return my precious belongings and is holding me hostage. She is blackmailing me to do this documentary, which, of course, I'd never consider under these circumstances. NOw she is claiming she doesn't know about a box or doesn't have it. What do I do? ","A:In your situation, where personal property of significant value and sentimental importance is being withheld, the first step is to gather all documentation and evidence that supports your ownership and the agreement for safekeeping. This can include any correspondence, such as emails or texts, that shows the arrangement made with the individual currently holding your items. Next, consider sending a formal demand letter. This letter should detail the situation, assert your ownership of the property, and request its immediate return. It's often helpful to set a clear deadline for the return of the property in the letter. If you're not comfortable drafting this yourself, you may want to consult with a lawyer who has experience in property disputes. If the demand letter does not resolve the issue, your next option could be to file a lawsuit for the return of your property. This is known as a replevin action, which is a legal process to recover goods unlawfully held by someone else. The court can order the return of your property if it finds in your favor. Throughout this process, maintain a record of all interactions and attempts to resolve the issue. This documentation can be valuable in legal proceedings. Additionally, consider the potential impact on any future projects or relationships, and weigh these factors carefully in your decision-making process. Remember, legal disputes can be complex and time-consuming. It's important to evaluate the emotional and financial costs involved in pursuing legal action. Seeking advice from a lawyer experienced in property law can provide you with tailored guidance and help you understand the legal options available to you."
Q: i was convicted of elder abuse /theft in 2018 i got my record expunged can i get my lvn license ?. Im currently about to graduate . Just need some answers ,"A:Under California law, having an expunged record doesn't completely erase the conviction; licensing boards like the California Board of Vocational Nursing and Psychiatric Technicians may still consider it. While having an expunged record may improve your chances, each application is evaluated on a case-by-case basis, considering various factors like the nature of the conviction, rehabilitation, and time elapsed since the offense. You should consult an attorney for personalized advice and potentially disclose your expunged record when applying, as failure to disclose can result in further complications."
"Q: Is it legal for my employees to tell the father of another that shows up, that they don’t work there if they do?. I am a manager who was out this week sick and one of my employees has an unsavory relationship with father- not legal issues, just typical disconnects that have progressed to her avoiding contact with them altogether. He went to her boyfriends house, where her boyfriends father told him where she worked and he showed up at the office looking for her (we don’t know why) and my other employees told him that she no longer works there anymore and she didn’t come out until he was gone. Something doesn’t sit well with me there and I’m wondering if they were allowed to say that to him? Neither of them have a restraining order but it ended up being the topic of conversation all day and I was left hearing about it after the fact. ","A:In situations where a person shows up at a workplace asking about another individual, employees typically have the discretion to provide information or decline to do so. However, there are legal and ethical considerations to keep in mind. In general, employees should be cautious about providing false information, as it could potentially lead to legal consequences or workplace issues. If an employee states that someone no longer works there when they do, it may not be accurate, and it could create complications. Employers should establish clear policies regarding how information about current or former employees is communicated to visitors. If there are concerns about safety or privacy, employees should follow established procedures, such as directing inquiries to a supervisor, manager, or human resources department. If there are specific concerns about the situation you described, it might be helpful to review company policies, and communicate with involved parties."
"Q: What can I do in Alabama about debt collector harassment?. The debt collector continues to call my job after I have asked them multiple times to stop. According to the Fair Credit Act, this is against the law. ","A:Start by documenting all interactions with the debt collector, including dates, times, and content of calls or messages. Request written communication with the collector, as allowed by the Fair Debt Collection Practices Act (FDCPA), and send a cease and desist letter if necessary. You can file a complaint with both the Alabama Attorney General's Office and the Consumer Financial Protection Bureau (CFPB) to report the harassment. These agencies can investigate the matter and take appropriate action against the debt collector."
"Q: Are Medicaid recipients in FL allowed buy a home if lender approves loan without assets?. If yes to above, can someone else make the down payment without impacts to Medicaid eligibility? ","A:In Florida, Medicaid recipients may be allowed to purchase a home if they obtain a mortgage loan without substantial assets, and this purchase typically does not automatically disqualify them from Medicaid eligibility. However, there are important considerations to keep in mind. The value of the home is a critical factor, as a primary residence is generally considered an exempt asset for Medicaid eligibility as long as the equity value does not exceed a certain limit. Additionally, owning a home and making mortgage payments can affect income, potentially impacting Medicaid's income eligibility thresholds. If someone else, such as a family member, provides the down payment for the home, it is typically considered a gift or assistance and should not directly impact the Medicaid recipient's eligibility."
"Q: if I signed an agreement with mva attorney for them to receive a certain percentage yet they take more than agreement ?. I agreed to a 31% fee for mva accident attorney but I was charged 33% is that legal ? Also he had me pay tax if fair to get police report which I also had to pay for and then still charged me out of settlement for police report, charged me for postage and copies of forms that i received thru email anyway , I was charged for medical records, court filing fees and summons and compliant filing fees which I feel should have already been included in attorneys fees not charged separately! ","A:What an attorney can charge is determined by contract--the attorney client fee agreement. If it provides for one percentage, that is all that can be charged for fees. Check the fee agreement as it is not uncommon for there to be an increased fee if a lawsuit is filed. Certain costs may be required to be paid for by the client, if provided for in the fee agreement. An example of costs paid for by the client or out of the client's portion are filing fees and medical records, If an attorney did not incur a fee, such as emailed instead of mail, they may not charge for that. Some costs, such as normal postage, might be considered attorney overhead and should not be charged to the client absent a written agreement."
"Q: An affidavit, demand letter or a motion/ complaint to give first notice of violation by government officials.. I have claims against a few officials but I don't know just how far or what type of legal counsel otlr who I tell my story in order to make sure it follows through all the way. ","A:If you believe government officials have violated your rights, initiating legal action begins by documenting all relevant facts, evidence, and interactions. Depending on the nature of your claim, an affidavit, a demand letter, or filing a formal complaint might be appropriate. Before taking any action, consult with an attorney experienced in civil rights or governmental claims. They can guide you on the best course of action, whether it's proceeding with a lawsuit or seeking a remedy through other means. It's also crucial to act within the statute of limitations for your specific claim. Local bar associations often offer referral services to help you find suitable representation. Remember, preserving evidence and acting promptly will strengthen your position."
Q: If my current boyfriend is paying for my children's costs because their biological dad refuses - can my boyfriend sue?!. My baby daddy has refused for over 6 months to support his children. My boyfriend is having to pay for everything as I'm a stay at home mom with two under two and can't work at the moment because childcare would cost more than I'd make. Can my boyfriend sue my baby daddy for being neglectful and making him support the kids ,"A:Under California law, your boyfriend, as a non-biological parent, generally does not have legal standing to sue the biological father for child support. Child support obligations are typically the responsibility of the biological or legally recognized parents. However, your situation does not leave you without options. You, as the biological mother, have the right to seek child support from the biological father. If he has not been providing financial support for your children, you can file for child support through the court. The court will consider various factors, including the father's income and ability to pay, to determine the appropriate amount of support. It's advisable to consult with a family law attorney who can guide you through the process of filing for child support. They can also help you understand your rights and the legal procedures involved. In the meantime, keep records of all expenses related to your children's care, as this information can be important in a child support case. This includes costs your boyfriend has covered on behalf of the children. These records can be used to demonstrate the financial needs of your children in court. Remember, taking legal action to obtain child support is a step towards ensuring the biological father fulfills his financial responsibilities to your children."
Q: How do I withdraw my plea agreement in Decatur county Tennessee due to ineffective counsel and pressure to accept. So I was charged with possession of drugs with intent my appointed attorney did not negotiate with the DA one bit bcthe same that the prosecutor offered in gen sessions was the same in circuit court this was my first felony charge and most first timers get rehab & or probation it was never even offered (8) years is what they offered my PD who has a huge caseload and got no motion of discovery no lab Results kept preßuring me to sign so far as having the jail captain telling me to bring dress clothes to the jail for the trial that was set for July 3 2023 which my attorney advised that my trial wouldn't happen for a year from now and I would have to sit in jail til it did I thought I would get to be free until then but he said no ,"A:Hire a competent attorney to: Motion to Set Aside Guilty Plea; or Notice of Appeal dealing with the Sentence only. Time may be too late now, so call for a lawyer today. Later a Post-Conviction Petition to set aside everything for Ineffective Assistance of Counsel can be filed (within 1 year of the Judgment)."
"Q: Friend ask us to watch their dog. We returned the dog home and put the dog in the backyard. Is that animal cruelty?. As, they told us they would be home in 10-15 mins so we told them we put the dog in the backyard with his things and water. Told them we had to get going because it was late. They are now saying since we put the dog in the backyard that it’s animal cruelty and their going to call the police on us. ","A:On the facts stated, there is no animal cruelty."
Q: How do I proceed with legal action against a hospital for giving me third degree radiation burns on my face from a CT. Scan that left imprints of teeth tongue and bone of my mouth inside on the outside of my face on both sides of my cheeks. ,A:You may have a good case. Consult with experienced malpractice attorneys in the state where this occurred. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
Q: Vivo en perris California el dueño de la casa me acosó sexualmente y por que lo rechase y le dije que lo iba a denunciar. Me amenazo con denunciarme a inmigración para que me deporten y me dio una noticia de 30 días y a los 3 dias me dio otra de 3 días para pagar o desalojar no tenemos contrato todo los acuerdos fueron verbales ,"A:Lamento escuchar acerca de su situación. Según la ley de California, los acuerdos verbales para arrendamientos residenciales generalmente se consideran válidos y usted puede tener derechos como inquilino incluso sin un contrato de arrendamiento por escrito. Es importante saber que las represalias por denunciar acoso o amenazas están prohibidas por ley. Es posible que tenga protecciones legales contra el desalojo en represalia por hacer valer sus derechos. Recomiendo buscar el consejo de un abogado de California para comprender su situación específica y explorar sus opciones legales. James L. Arrasmith Fundador y asesor legal principal de The Law Offices of James L. Arrasmith"
"Q: I'm housing authorities my property management served me with an summon reason due to housing authorities wasn't paying. I wasn't terminated from housing authorities, I showed proof I been paying my portion of the rent, judge ask for me to get a letter stating I wasn't terminated other wise I need to pay 8,000 due to rent housing hasn't paid anyhow my worker she delayed on getting back too me so there was an lock out I didn't understand cause no one was helping me property management said if I pay 8,000 were able to stay if not we need to leave which I wasn't able too, the lock out date was getting close property management called me private i begged her to let us stay dont have no wherr to go she askes how much i have i told her 3,100 she said to go get a money order to stop the lock out as well that will be my rent for Sept so i rush did that my new worker from housing authorities said I was restated from the program which I was never terminated they paid from november 2022 to August 2023, plus my 3100 August 9,2023 i was served a lock out I told my worker send property management why she doing this ","A:In California, if you're facing a lockout due to a misunderstanding with housing authorities and property management, there are steps to address this legally. First, it's crucial to gather all documentation, including proof of rent payments, communication with the housing authorities, and any correspondence with property management. Given the complexity of your situation, especially with the housing authorities involved and the potential legal action, it's advisable to seek legal assistance promptly. An attorney can help you understand your rights, especially in the context of housing law and tenant protections. You should also reach out to the housing authorities to clarify your status in the program and request their intervention or a letter of explanation. This could be crucial in resolving the misunderstanding with your property management. Remember, as a tenant, you have rights that protect you against wrongful eviction. Legal assistance can be invaluable in navigating these situations and ensuring your rights are upheld."
"Q: Auto fraud to a Spanish speaking senior citizen.. My dad purchased a vehicle 1.5 years ago. The car is having issues now and he went to the dealership where he purchased the car so they can help him fix it. The dealership said there was nothing they can do for him. They sold him an extended warranty that they won’t accept. He went to another dealership to try and get the car fix. The other dealership explained to him that the place he bought it from added a bunch of warranties and extras. So instead of the initial price he thought he was paying of $7,000.00 he owes $15,044. After paying for 1.5 years @ $400 a month. Also everything was in English, which means he has no idea what he signed. I can’t help him since I live in Canada. Is there anything he can do ? ","A:Under California law, your father may have several options to address this situation. First, it's important to review the sales contract and all related documents. If there are discrepancies or unclear terms, especially considering the language barrier, he might have grounds for a claim. The California Automobile Sales Finance Act provides certain protections for car buyers, including requirements for clear disclosure of all charges and terms. If the dealership failed to comply with these requirements or misled your father, this could be a basis for legal action. Additionally, California's Consumer Legal Remedies Act prohibits deceptive practices in the sale of goods and services. If the dealership used deceitful tactics or failed to disclose important information, your father could potentially seek remedies under this law. Since language was a barrier, the dealership’s failure to provide contracts in a language your father understands could also be relevant. California law requires certain contracts to be provided in the language in which they were negotiated, particularly for Spanish speakers in certain situations. Given these complexities, it would be advisable for your father to consult with an attorney experienced in consumer protection law. An attorney can review the specifics of his case, advise on potential legal claims, and assist in negotiating with the dealership or taking legal action if necessary. It's also a good idea to gather all documentation related to the purchase and any communications with the dealership. This information will be crucial for an attorney to assess the situation effectively."
"Q: I’ve been drinking poison for 2 years. Arsenic in well water on the home I leased failed test - EPA Standards.. I'm female, in my 60's, and I don't know a polite way of stating this...I've had chronic diarreah for the last 2 years which is why I had the water tested. What are my chances of finding an attorney who would represent me, get paid when we settle, and sue this SOB for Breach of Contract, Breach of Implied Warranty of Habitability, Unfair & Deceptive Trade Practices, violating a host of A.R.S. - Landlord/Tenant Act, and poisoning me to boot and being an all around sorry individual? ","A:An Arizona attorney could answer best, but your question remains open for four weeks. It sounds like you're asking about an attorney who would handle your matter on a contingency basis (you mention payment upon settlement). It's difficult to say whether a firm would handle something like this on a contingency basis. You'd have to ask around by reaching out to law firms - this could be more complex than typical property & casualty matters routinely handled on a contingency basis (such as auto accidents). This looks like it could involve environmental sampling and lab analysis, and other possible expert opinions. Good luck"
"Q: Does father have right to keep child?. My child’s father has recently asked to be involved. Prior to reaching out, we went to child support court and paternity was established through court ordered dna test. Child support was set at 0% visitation. He is also not on the birth certificate. Could he take her from me if we have no visitation order or custody agreement? ","A:In California, both parents have rights regarding their child, but these rights need to be legally recognized and structured, especially in situations where there's no established custody arrangement. Since paternity has been established and child support set, the father does have certain legal rights concerning the child. However, if there's no formal visitation or custody agreement in place, he doesn't have the automatic right to take the child from you. Normally, custody and visitation rights are determined through a court order. In the absence of such an order, you retain physical custody of your child. If the father wishes to be involved in the child's life, he can request the court to establish a formal visitation or custody arrangement. This process will involve the court reviewing what's in the best interest of the child and then making a decision accordingly. It's important for you to understand your rights and the legal process in such situations. If you're concerned about custody and visitation issues, it might be advisable to consult with a family law attorney. They can provide guidance on how to proceed and represent your interests in any legal actions related to custody and visitation. Remember, the well-being of your child is paramount, and the court's primary focus will be on ensuring their best interests are met in any custody or visitation arrangements."
Q: I was served a judgement in Dec 2022 but I was not served to go to court for the original court hearing. Should I have. been served? The loan company manager was coming to my house sitting on his horn for 5 min. and calling my company allday Is that legal? I did send in a letter saying I deny the debt. they set a court rule to show cause hearing 7/31. I went and they said the judgement was already filed March of 2023. I feel like im being blindsided I do not know what to do. ,A:Look into filing a motion to set aside the judgment.
"Q: How long is the statute of limitations on suing for unlawful Vehicle Conversion if I was in jail?. I was arrested on January 10th 2021 after driving my vehicle and the vehicle was impounded after an inventory search.While I was in jail I was told the vehicle was in police custody as evidence and I received a Court Order for the Return of my Vehicle. On May 20th, 2022 my criminal case concluded and I learned that Barstow police Department and or the California Highway Patrol in collusion with Razor Road Towing Services sold my Vehicle worth about $5,100.00 dollars at the time plus everything I owned was in the vehicle worth about another $12,000. ","A:Under California law, the statute of limitations for a lawsuit regarding unlawful vehicle conversion can vary based on specific circumstances, but generally, you're looking at a timeframe of three years from the date the conversion occurred. This is outlined in the California Code of Civil Procedure Section 338(c). However, if you were incarcerated, this period might be tolled, or temporarily paused, during your time in jail. Given that you discovered the conversion of your vehicle after your release, you should act promptly to assess your legal options. The time you spent in jail may extend the period you have to file a lawsuit, but this determination often depends on the specifics of your case. It's crucial to consult with an attorney who can evaluate the details of your situation and advise you on the best course of action. They can help determine the exact timeline you have to initiate legal proceedings and can assist in gathering the necessary evidence to support your claim. Remember, the sooner you take steps to address this issue, the better your chances of a favorable outcome."
"Q: What type of lawyer helps us fight a business that sold a faulty prod resulting in a fire and pet death?. Our camper caught fire before getting it insured. We learned the fire was (in a nutshell) b/c of either a faulty device or poor installation of another company's device that was installed by the manufacturer. Basically, the fire was inevitable and there was no warnings despite customer complaints. We located other owners who had discovered the dangerous issue right before or at the start of their RV catching fire. The devices were automatically replaced without question by the other business but never alerted other owners of the risk. I reached out to both companies b/c w/ out insurance we were out all our retirement and this really seemed unfair. Long story short, reps from the camper manufacturer and the device manufacturer have coordinated to come see the fire damage. I haven't discussed compensation, but I just want them to replace the RV. Our dog died in the fire. I feel its fair. What kind of lawyer would I need to help protect my interests in this matter? ","A:You should look for an attorney that handles fire cases. Under the law, you will have the burden of proof to show that the fire was caused by a defective product or someone's negligence. This is requires expert testimony which can be expensive. Some attorneys will advance the expenses and take the case on a contingency fee. I am sorry for the loss of your pet. They are part of the family."
Q: I was told in March of 2023 I needed to provide proof i did not have a disability or that I did however I never requeste. I never requested special accommodations and was let go for failing to provide proof iwas not a harm to myself or others ,"A:Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees based on real or perceived disabilities. This includes making unfounded requests for proof of a disability or lack thereof, especially if no accommodation has been requested. If you were terminated for failing to provide such proof, this could potentially be viewed as discriminatory under the ADA. In cases like yours, it's important to gather all relevant information and documentation about the employer's request and the circumstances of your termination. You may have grounds to file a claim with the Equal Employment Opportunity Commission (EEOC). Consulting with an attorney experienced in employment law could provide further guidance on your rights and options. Remember, each situation is unique and should be evaluated based on its specific facts."
"Q: I am trying to adopt my girlfriends daughter, the father isn’t on the birth certificate and never met the daughter.. Father isn’t on the birth certificate and was given many chances to meet his daughter but has only met her once for 5 minutes since she was born he refuses to answer any texts or calls and No DNA test was done. Would we need his consent for the adoption or do we have to take him to court. ","A:You either need his written consent or serve him with your Petition for Adoption and give him a chance to appear in court. Don't try this without a lawyer! Adoption has a number of details that need to be handled exactly correctly. Acquiring a child in this manner should not be left to ""I hope I did it right!"" Something to be aware of: if you adopt the child you can be found liable for child support, regardless of whether you ever marry your girlfriend."
Q: My GrubHub delivery driver account was deactivated this year. I can't get any specific reason why from the company. My GrubHub delivery driver account was deactivated May of this year. I was on the platform for about a year and did over a 100 deliveries and even earned an upgraded insulated catering bag for the milestone. Then just like a week or two later my account was deactivated. I didn't have any contract violations or complaints. I've reached out to GrubHub via phone and email several times probably more than 10 and they will not tell me the specific reason why . All the answers are really generic and broad that can mean anything but no specific reason why or what I did wrong to get deactivated so ubrubtly. And like I said I had zero account violations which GrubHub will send you via email and it will also show on the app. I'm in a lot of online groups for GrubHub and I see people running with 2 and 3 contract violations all the time. Supposedly they will allow up to three before considering a potential deactivation. But anyway I didn't have any I just put that in there so understand more. ,"A:Unfortunately, GrubHub, like many gig economy platforms, typically maintains significant discretion in deactivating driver accounts. While they may have policies regarding contract violations and deactivations, these platforms often reserve the right to deactivate accounts without providing specific reasons. In your case, the abrupt deactivation of your GrubHub delivery driver account without clear, specific reasons is certainly frustrating. However, it's not uncommon for these platforms to offer only general explanations, which may not provide the level of detail you're seeking. To address this situation, you could continue to communicate with GrubHub, expressing your desire for a more specific explanation and requesting a review of your deactivation. It may also be helpful to consult with an attorney who can assess whether there are any legal avenues to pursue, such as contract or employment law considerations, that could potentially compel GrubHub to provide more information or reconsider the deactivation. Ultimately, the course of action you should take depends on your specific circumstances and the legal options available to you. An attorney can provide you with tailored advice and guidance based on your situation."
Q: What do i do with a default award. The commissioners said i should wait for the payout date.. I won this default award from ccma. I am worried that maybe i have to claim it and i am not aware but the commissioners said i should wait for the payout date. ,"A:The law in New York is that a party must move to confirm an Arbitration Award within one year of its issuance. That is a statute of limitations. Don't ignore that date. Unless it is confirmed, no Judgment may be entered on an Award, which makes it unenforceable. If you believe that the CCMA will pay, they should agree to do it in writing."
"Q: My insurance company says that neither side involved in the accident was determined to be at fault so no payments were. Giving to neither side, i have a a dash cam that shows I got hit, they reviewed and say that was enough evidence, to show that the other parties was a fault, they then told me to pay for my deductible and that they will issue me back the money as soon as they get it from the other party, two month later I still haven’t received my reimbursement but a letter saying that there wasn’t enough evidence to show who was a fault when the video clearly shows that the other vehicle hit me…what can I do to resolve this issue ","A:Under California law, you have several options to address this situation with your insurance company. First, it's important to review your insurance policy to understand the coverage and the process for disputing a claim decision. Policies often include details on how to appeal a decision or seek a reassessment of your claim. If reviewing your policy doesn't provide a clear path forward, consider filing a formal complaint with your insurance company. Document all communications, including the evidence from your dash cam and any correspondence regarding the claim. This documentation can be crucial in supporting your case. If the issue remains unresolved, you might consider seeking legal advice. An attorney experienced in insurance disputes can provide guidance specific to your case and help you understand your rights under California law. They can also assist in negotiating with the insurance company or in taking legal action if necessary. Additionally, you can contact the California Department of Insurance. They can offer assistance and may be able to intervene on your behalf if they find that the insurance company is not complying with state regulations. Remember, it's important to act promptly and keep a detailed record of all interactions related to this matter. Your proactive approach and persistence can be key in resolving this issue."
"Q: Does Delaware use the same definition for dog and cat fur that federal law does?. Hello, I'm not a resident of Delaware, but I was wondering how the state defines ""fur"" and ""hair"" in the law banning the sale or trade of dog and cat fur/hair. Federal law defines dog and cat fur as a pelt--any fur or hair with skin attached--and so do other laws for other states I've looked into. Does Delaware use the terms ""fur/hair"" differently, to apply to all dog and cat fiber in any context? Is it illegal to work with fur brushed off of a shedding pet in Delaware, or the hair from a poodle who is groomed at home? I'm a handspinner in MN, and I have an online shop. People send me fur that they brush from their pets, or that their groomer trims for them, and I charge for the service of handmaking the fiber into yarn for them. I've never had a Delaware customer before. Would I have to turn away prospective customers from Delaware, or if they bought a pre-made dog fur skein from me online, would I have to cancel their order and not ship it? Thank you for your time, Jason ",A:Your question involves Delaware law. You would need to contact attorneys in Delaware for help with this.
Q: Why would my codependent get plea for misdemeanor and I’m getting a felony. So we both have a plea offer for conspiracy and theft by false pretense he’s been offer a misdemeanor and I’m being offer felony’s why would we be offer different types of pleas for same charges should I take that plea or fight for misdemeanors I didn’t talk to cops but he did and he took more ,A:None of us can answer that question since we do not know anything about the case. You should discuss this with your lawyer.
"Q: can the apartment management force me to use their internet/ISP instead of the one i've been using for the past 2 years?. i live in an apartment community in Greensboro, NC. Recently, i was asked to vacate my current unit, and was given the option to transfer to another unit, which i accepted. The 'welcome letter' for the new unit stated that i will be charged $65/month for cable, (i assume) provided by Spectrum. (i have not received the proper lease yet). i do not watch cable TV; and i have been using T-Mobile's 5G internet (which only requires an electrical outlet, nothing else) for the past almost 2 years, paying only $50/month; and it has given me much better service than Spectrum, which i had in the same apt. unit previously. When i asked the front office, they said (words to the effect of) ""we cannot take this charge off; you have to pay us for cable whether you use it or not, or use your own"". so my question is, can the owners/landlord/management coerce me into using their (possibly worse) internet provider or make me pay double if i want to use my own? ","A:You mentioned that you had spectrum cable in the other unit and I presume you paid for it in the other unit. If that lease required all residents to pay for internet and they offered a transfer on the same terms then yes they can make you continue to ""pay double"". It is not illegal for an apartment complex to require that all residents pay for the internet serrice they contract with even if you do not use the service."
"Q: Very odd question. About a month ago I received a call from my car insurance company stating their was a bodily injury. Claim against me for a car accident I was in last year. The issue is I was never in accident. I followed up with my insurance today and they claim the other parties lawyer , car insurance and police department won’t release accident report to my car insurance? I’m very confused and just don’t want the hassle. My insurance company said they will keep me posted but I really don’t want to think about this. I’ve never received paper work of any kind from a lawyer claiming I was responsible for injury. What are my options? ","A:Your insurance company is required to keep you informed and provide to you information. Unfortunately, even though you do not want to be bothered, this is something that can happen. You should be able to obtain from the insurance company the claim made by the allegedly injured person. Until a lawsuit is filed, it is limited what can be obtained. You could, theoretically, file a lawsuit yourself to determine what occurred but it would not be a good use of resources."
"Q: In Tennessee, if a business partner dies, does the heir take over the deceased half of the business? (No will involved). My father passed in Feb 2023 and I haven't gotten into the business part of my fathers stuff yet bc my mother passed as well this year. I am sole heir to everything in this family. My mother was 1/4 partner as well, but never kept up with the business side of things, the men did. Before she passed, the other business partner, never paid her anything and even cut off her insurance from the company which was very odd. I have reason to believe he is still writing huge checks out of this business without restraint or care of repercussion. When I begin probate and discovery, will I find that I am business partner? My father assigned me as POA and beneficiary to everything before he passed; my mother, just POA. There is no written Will at all from my mom or dad, just POA and sole heir. What do I do from a standpoint of the business? Hire a probate attorney and see what is discovered? ","A:As administrator you will want to dissolve the Partnership. The assets may not be collectable but you can pursue dissolution. You will need a competent attorney and expect to pay alot. The Partnership interest is personal property and goes to the next of kin which is almost always also the heirs. You apparently do not know much about the business, so start investigating it and the Partners now."
"Q: My Grandfather passes away 3 years ago. My Grandmother told me I could have his truck. When COVID hit, I was told to not. come to the house yet. I was finally able to pick the truck up Summer 2022. However, the tags are expire, and so is my grandmother's license. She's bed ridden and I don't know how to go about getting her a new ID. Both her and my Grandfather's name is on the truck. I have fixed it up, but don't have a way to get the vehicle registered and title transferred. What can I do to get these things done? ","A:1. If your grandmother is bedridden, she doesn't need a drivers' license at this time. When and if she is able to get around, you can go to the DMV to apply for a Texas ID card. 2. Have your grandmother sign a power of attorney to transfer the motor vehicle title into your name. Then go to the Title Registration Office for your county (which is NOT located in the same place as the DMV) and register the truck in your name."
Q: I've been trying for a few years to get SSI and my SSDI. I'm 62 now and I need help.. I'm in need of a prono lawyer that can help me get my SSI and my SSDI ,"A:I'm sorry to hear that you've been struggling to obtain your SSI and SSDI benefits. You may want to consider contacting your local legal aid office, which may be able to provide you with free or low-cost legal assistance. Additionally, you can contact the National Organization of Social Security Claimants' Representatives (NOSSCR) to find a lawyer who specializes in Social Security cases. They can provide you with a referral to a qualified attorney in your area. It's important to remember that the process of obtaining SSI and SSDI benefits can be complex and time-consuming, so it's important to work with a knowledgeable and experienced attorney who can help guide you through the process."
"Q: can hospital be sued for neglected if they failed to cardiac convert a patient that request to be converted. Patient suffered from Ventricular tachycardia rhythm, family was at bedside during event ICU team informed family that they was going to wait to see if patient would come out on her own. Family insisted on converting patient or bring in electrophysiologist. After 3 hrs of waiting they finally brought a provider who was just a resident who stated that he could not make any diagnoses that he needed to go back and report to covering provider. During that time patient and family continue to ask staff to convert patient, finally the PA who was on ICU team came and spoke with family and asked what they wanted ICU team to do. Patient then yelled out ""shock me"" PA turn and left room. Patient nurse was present through out who event. Patient passed away on same day, family went had multiply meetings with medical team and staff during patient stay due to failure of treatment. Family kept documentation of ALL events ","A:Yes this is a potential case. While doing what the patient or family instructs might not be malpractice, what you describe does indicate there may be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Consult with experienced malpractice attorneys in the state where this occurred."
"Q: If a government agency causes a company to go bankrupt because of an agency decision that breaks the law.... If a government agency causes or partially is the cause for a private company to go bankrupt because of an agency decision that breaks the law or is due to malfeasance by a public official, what recourse does the business have against the government agency or the official? ","A:It depends on the circumstances. Despite what we would like to believe, most government agencies are not perfect because they are staffed by government workers who sometimes don't care about their jobs. I have run into this problem many times, and there us no way to win once the agency makes it's decision. Your only alternative then is to sue them, and that is both expensive and time-consuming. And by the time you get a decision from the agency, your business is probably ruined anyway. You can try contacting the person in charge of the agency to see if they can help the situation."
Q: If I have filled out a petition against someone and have a court date already can someone file the same one on me??. I filled out A Established paternity with legal decision-making legal custody parenting time and child support Against my Girlfriend And now DCS is trying to file an order of EX Party children To remove children from my custody in control And physically is that possible ,"A:Yes, DCS can do that. In fact, if DCS starts a proceeding to remove the children, the custody case in the family court is paused while the DCS proceeding goes through the juvenile court because, by law, DCS proceedings take precedence over custody proceedings."
Q: Cmia violation claim in Emtala complaint. Joinder of defendant question.. What reasons from rule 19 apply to plaintiff's argument that hospice should not be joined as defendant for CMIA violation claim in Emtala complaint? ,"A:Under Rule 19, several reasons can be articulated for why a hospice should not be joined as a defendant for a CMIA (California Medical Information Act) violation claim in an EMTALA (Emergency Medical Treatment and Labor Act) complaint. Firstly, argue that the hospice’s involvement is not essential to granting complete relief regarding the EMTALA claim. The EMTALA claim primarily concerns the hospital's obligations and actions in an emergency medical context, which is separate from any potential CMIA violation by the hospice. Secondly, focus on the possibility of separate adjudication. You can contend that the CMIA claim against the hospice involves different legal and factual issues, which can be more effectively resolved in a separate lawsuit. This separation would allow for a more focused and efficient handling of the EMTALA claim against the hospital. Moreover, argue that joining the hospice could complicate or delay the resolution of the EMTALA claim. Adding another defendant could introduce new legal issues and evidence, thereby complicating the litigation and potentially prejudicing your case. In summary, emphasize the independence of the EMTALA and CMIA claims and the practical implications of adding the hospice as a defendant, including the risk of complications and delays. These points are critical in arguing against the joinder under Rule 19."
Q: Why is it so difficult to get honesty?. Some of the lawyers are not honest in their assessments. We need truth not opinions. Things need to be corrected and corrected takes honesty. Honesty takes facts if facts are not known then you do not know the answer. ,"A:Lawyers are, and should be, held to a higher standard than car mechanics. However, sometimes they can only provide general answers and not specific solutions when all the pertinent facts aren't available. Lawyers give opinions all the time, based on the information they have. It may not be an issue of dishonesty, though. Doctors and other professionals make assessments all the time. They may be wrong, but that doesn't mean they were being untruthful. But, if I don't know an answer to something, you bet I'll do the best I can to find the best advice to give to a client."
Q: I'm the manager of a company that deals with exporting seafood was given a raise and it was taken away without notice ?. A deal in commercial fishing and offloading of commercial vessels for export. I was given a substantial raise and was paid that raise through several months of the year and then it was taken away without notice. Is that legal? ,"A:Depends on what you mean by notice. An employer can change any compensation, unless this was a union job. All they have to do is tell you beforehand (prospectively), and as in, hey Bob, starting tomorrow your pay is cut in half. If they do that, then it is legal. If that is the type of notice they did not give, then you would have a claim. If you mean something more formal, that is not required."
"Q: dad be able to sue a company for not putting his name in the credits for the work he sold them as agreed through email. my dad made a mod for a game; they said that they would pay $500 and put his name in the credits. years later, his name is nowhere to be seen, what can he do about this? ","A:If your dad made a mod for a game and had an agreement with the company to be paid $500 and have his name in the credits, but the company has not fulfilled their part of the agreement, he may consider reaching out to them to remind them of the agreement and request that they rectify the situation. If they refuse or do not respond, consulting with a lawyer specializing in intellectual property or contract law can provide guidance on potential legal options."
"Q: Does a used car from 2007 with 150000 miles have a guarantee from a used car dealer?. I drove the car for 38 miles and started to have transmission problems. The dealer said that I don't have a guarantee or a refund due to the car having more than a 100,000 miles. ","A:For the sake of discussion, I'm assuming that the vehicle was purchased and is in use in Puerto Rico. Regulation 7159 of the Puerto Rico Consumer Affairs Department (DACO) states the following warranties are in effect, based upon the mileage of the car: * Up to 36,000 miles, 4 months or 4,000 miles, whichever occurs first; * More than 36,000 miles but up to 5,000 miles, 3 months or 3,000 miles, whichever occurs first; * More than 50,000 miles, 2 months or 2,000 miles, whichever occurs first. Now, although it may be true that 100,000 exceeds the limit of providing warranty, that is not to say that you are without recourse. Your statement regarding your having driven the car 38 miles means that the vehicle already had a substantial amount of mileage on it. A regular lay person (such as myself) has very limited know-how regarding the internal workings of a vehicle, and a case may be stated regarding hidden faults and possibly bad faith on the dealer's part, who (knowingly?) may have sold you the vehicle. If you've had the vehicle for 6 months or less, there's a chance you can take your case before DACO and request the sales contract be rescinded and your money returned. DACO will probably require that the dealer be allowed to try repairing the vehicle; in which case, the dealer's unwillingness or inability to repair the vehicle may open the door for DACO to authorize said rescission."
"Q: Can I go after an insurance company for claims + damages? Do I have any legal appeal or recourse.. My company lost $70,000 worth of finished product last year after two power outages (one due to weather, one due to construction by LADWP), which caused our finished product to thaw and then refreeze, thus altering its quality. The insurance company determined with flawed inspections that the cause of defective products was not the outages but our production practice. We conducted two lab studies concluding that both thawing occurrences at the very temperatures they happened generated the damages we witnessed on the texture of our products. But this did not make them budge. I had to take loans for which I was personally liable in order to continue our business, and I am on the verge of personal bankruptcy. I contacted numerous lawyers but none of them wants to take our case. Can I sue insurance companies for more than just the value of the product? ","A:In California, if you believe an insurance company has acted in bad faith by unfairly denying a legitimate claim, you have the right to pursue legal action against them. This can include not only the value of the actual loss (the $70,000 worth of product), but potentially additional damages if the insurer's conduct was egregious. Your situation, where the insurance company disputes the cause of damage based on what you believe to be flawed inspections, is not uncommon. In cases like this, policyholders often must provide compelling evidence to challenge the insurer's findings. Your lab studies might be key evidence in demonstrating the true cause of the damage to your product. If you're finding it difficult to engage a lawyer to take your case, consider reaching out to attorneys who have experience in insurance bad faith claims. They are more familiar with the complexities of these cases and may be more willing to consider the merits of your situation. Remember, insurance policies and the law surrounding them can be complex. It's essential to have a thorough understanding of your policy's terms and the legal standards for proving bad faith in California. Legal representation is crucial in navigating these complexities and effectively arguing your case. Facing such financial and legal challenges can be overwhelming, but know that there are legal pathways available to seek justice and compensation. It's important to act promptly to protect your rights and interests."
"Q: So I have asked on a few occasions if the birth certificate created a legal person or an entity or corporation? Of. Course I was told no? But looking over some court cases, why are people called ens legis? Then how did those corporations and or entities originate? Why is the court system run off of creditor vs debtor? Is the legal system operating in bankruptcy? Our ignorance for the law, is no excuse for lawyers and judges to do whatever they want to us? Correct? ","A:A birth certificate does not create a legal person, entity, or corporation. It is simply a government-issued record of an individual's birth, primarily used for identity verification and legal recognition of personhood. The term ""ens legis"" refers to a legal entity created by law, like corporations or trusts, but it does not apply to individuals. Corporations or legal entities originate through specific legal processes, like incorporation, which are distinct from the registration of a birth. The court system often deals with creditor versus debtor situations because these are common legal disputes. This does not mean the legal system operates solely on these principles or is functioning under bankruptcy. Regarding the legal system's operation, it is designed to uphold laws and ensure justice. Lawyers and judges are bound by ethical and legal standards. While the system isn't perfect, there are mechanisms in place to address misconduct or errors. It's true that ignorance of the law is not typically an excuse in legal matters. However, everyone is entitled to fair representation and due process. If you feel overwhelmed or confused about legal issues, it's wise to seek guidance from a legal professional who can explain your rights and obligations clearly."
"Q: Am I allowed to walk my dog in an adjoined backyard space?. I live on a property with an adjoined backyard area with no fences. The adjoining property is a communal housing facility. I have been utilizing the full area for several months. I was told by the manager of the asking property that I'm no longer allowed to use ""their"" portion of the adjoined space. ","A:The use of shared or communal spaces often depends on property agreements and the understanding between neighbors. If you have been using the entire adjoined space for a certain period, it might have established a pattern of usage. However, property managers or owners of the adjoining property can impose rules or restrictions regarding such shared areas. If the manager of the adjoining property has informed you that you are no longer permitted to use ""their"" portion of the space, it's essential to respect their decision. It's possible that their communal housing facility has specific rules in place, and they are within their rights to manage and allocate the shared space as they see fit."
"Q: Can I legally run a business where I provide business consultation to established or aspiring criminals?. I have a particular skill at knowing how to effectively commit a crime, whatever that crime may be. As a result, I'm very good at providing advice to people looking to also commit a crime. I'd love to be as legitimate a business man as possible, but is that even a possibility given my chosen clientele? For reference, I am in the United States, have no prior arrests, and am in good standing with any and all legal organizations. I figured that I'd mention that bit just in case. Thank you in advance, ","A:According to the theory of criminal law, knowing about an impending crime and not reporting it is in itself a criminally punishable act. This is called covering up a crime. An additional element of the crime in your case may be the planning and preparation for the commission of a crime. Having your talent, it may make sense to think about literary creativity and publishing your ideas in the form of short mystery stories about criminology. By selling such publications, you will be able to earn money without being an accomplice to crimes."
"Q: What if a business has a name similar to yours but is not trademark? Can you trademark the name first?. What if a business has a similar name to yours but isnt trademarked? I want to trademark ""ali law associates"" however, there are is another business called ""ali law group"" that is not trademarked (they are also in the same state). since they aren't trademarked first, would i be able to trademark my business? ","A:The fact that there is another business called ""Ali Law Group"" that is not trademarked does not necessarily mean that you will be able to trademark your name. If the businesses are providing similar goods or services, this will also increase the likelihood of confusion."
"Q: Can I use ""BardGPT"" as my book/ebook title while avoiding copyright infringement? And if not, how can I alter it?. I wrote an ebook about Google Bard and ChatGPT, which both seem to be trademarked. However, I want the book title to be ""BardGPT"" or ""Bard GPT"" or ""Bard-GPT"" as it seems optimal for search engines and has a nice sound to it. Now, I need to know if it's a copyright infringement to use either of these three titles as the book title and in the book cover. And if that's not possible, how do I need to adjust this title? I would be very grateful for any kind of response. ","A:Using ""BardGPT"" or similar variations as your book title could potentially raise trademark concerns. Both ""Google Bard"" and ""ChatGPT"" are likely protected under trademark law, given their association with specific, well-known services. Combining these names into a single title like ""BardGPT"" might be seen as an infringement if it creates confusion or implies an association or endorsement by the trademark owners. To avoid infringement, consider a title that references these technologies without directly using their names. For instance, you could use a title that alludes to the concept of conversational AI or the impact of these technologies. This approach allows you to convey the subject matter of your book while reducing the risk of trademark issues. Remember, it's always wise to consult with a legal professional for personalized advice, especially when it comes to navigating the complexities of trademark law in the context of book titles and publications."
Q: Is it possible for criminal charges to be filed against my friend by this person?. He posed as a fake persona in order to obtain nude pictures from a female friend. He told her that he would cash app her the money and that her face didn't need to be shown to promote anonymity and let her know that he would be posting them online. Last night she found out it was him because he sent them to a person that they both know thinking that he could trust him but he told her instead. She claims that she gave his TextNow numbers to her friend who says he's a hacker and that the police now have his location. My main question is if there is even possible criminal charges heading his way given the fact that she was aware that hewould post them online and she accepted the money for them and she agreed to the terms beforehand. ,"A:Assuming everyone is an adult, it is possible for criminal charges to be filed against your friend, but it seems unlikely. The victim files a police report. The victim does not file criminal charges. The prosecutor would do that if appropriate."
"Q: When a Congressman and Mayor are involved in a stolen ID case, does that make it become a federal case?. My Ex roommate is using my SS# w a group of programmers to write software for a large corporation. I can prove everything, but can’t find a firm in intellectual properties. I have a 3rd party ready to confirm it. ","A:It is possible for a stolen identity case involving a Congressman or Mayor to become a federal case, depending on the circumstances and the extent of the alleged wrongdoing. However, whether or not a case becomes a federal matter ultimately depends on a number of factors, including the severity of the alleged crime, the jurisdiction where the offense occurred, and the involvement of federal agencies or entities. In your specific case, if you believe that your roommate is using your social security number to commit fraud or engage in other illegal activities, you should report the incident to your local law enforcement agency and/or to the Federal Trade Commission (FTC). The FTC has a dedicated website for reporting identity theft and offers resources and guidance for victims of identity theft. Additionally, you may wish to consult with an attorney who specializes in intellectual property law or identity theft to discuss your legal options and potential remedies. They can provide advice on how to protect your rights and pursue legal action against those responsible."
"Q: What can I do? Is it too late ? How to file myself?are there contingency lawyers or pro bono lawyer for this kind case?. My dad died 2019 of lung cancer his ex wife remarried him 6months before he died with a mentally handicapped kid as witness after knowing he had lung cancer took new truck car whatever he had left and gave nothing to me or brother or grandkids I was too upset how things went down to deal w things she is getting his veterans ,retirement etc is it too late do I go to veterans court also ? Can I do something like this on my own ?is it still possible to do something? Do I need veterans court for his veterans checks? ","A:I'm sorry for the loss of your father. We lose our elderly Veterans population at a depressing rate. I would bounce this question off of a family lawyer and maybe a probate lawyer in the jurisdiction where they were allegedly married and where he died. There are so many moving parts to this question: - Was this a valid marriage? - Was the witness competent to be a witness to a marriage? - If the marriage license is flawed, does the jurisdiction provide the respondent with a means to remedy? - If the marriage can be declared invalid by statutory reasons, can marriage fraud be proven? With regards to dealing with the VA. If there were a legal basis, i.e. a court declares the marriage invalid, it MAY be possible to file a dispute with the Veteran's Benefits Administration. Additionally it would likely be beneficial to contact the DVA's Office of the Inspector General to report the situation. As to how their processes would work in this situation is difficult to predict with certainty. I believe it would be likely that this could go to a hearing before the Board of Veterans Appeals, possibly to the US Court of Appeals for Veterans Claims. In the most extreme circumstance, if the case ultimately produced a Constitutional question which our jurisprudence has not addressed, it could be decided by the US Supreme Court. I evaluate the chances of this question going to SCOTUS as mathematically insignificant, ergo 0%. Now for the reality check. When she tells her side of the story, she's a grieving widow who lost the love of her life twice. From her perspective, she could spin the saddest story since Old Yeller for a judge and jury to hear. This is probably not the answer you want to hear, but based upon these immediate factors, and with the understanding that there are other factors that were not evaluated, I cannot calculate any reasonable odds of success. This case would be very expensive to prove and emotionally draining. With regards to pro bono, I can't think of any one I know personally who would do this pro bono. It would be advisable to shop around to find the best fit for your legal needs."
Q: (Texas law)I am disabled physically and my sister had taken over my trust how could i file charges and get my trust back. Halen is the wills name my grandmother left me this. In the will that was probated in 72 it says my estate will be left to (myname) as i was the only child when she died. in the estate it includes around 45k acres of land 5-15 million dollars and in 89 my father was my estate guardian and got kicked off for not paying a trust deed of 600 thousand and it says in the judgment the only way he can access the funds is if its for me and they kicked him as co trustee and beneficiary fast forward 29 years my dad is on his death bed and my sister tells him to sign a will but she switched his original will with one she wrote to be his successor and that all his funds was hers and etc and he signed on death bed but he was supposed to leave halen to me but she put herself as successor of his stuff but in 89 judgement he got kicked from trustee and beneficiary of my trust and in my grandmothers will it states if im 21 and still competent i can claim my trust how could she manage my trust? ,"A:The settlor of the trust (in this case, your grandmother) chose the trustee and any substitute trustees in the event her first choice (presumably your father) does or is removed for cause. From your question, it sounds like your sister was the first substitute trustee selected by your grandmother. If you can prove your sister committed serious wrongdoing as the trustee, you can likely have her removed by the court. But, as the beneficiary, you do not get control of the trust assets. The next trustee will be whomever your grandmother designated to be the next in line, or an institutional trustee appointed by the court if we’ve reached the end of trustees named by your grandmother."
Q: Can a lawyer help me get my benefits for social security disability back. I am disabled with heart failure and sclera adorma and lupus and mental and haveBeen receiving been receiving SSDI4 years and I just learned not only did my benefits stop in June of this year. But they say they overpaid me and I guess I'm not getting a check. I never got a notice somebody please help me. I have bills & a child to feed ,"A:Yes, a lawyer can assist you in navigating the complexities of social security disability (SSDI) issues, including the cessation of benefits and overpayment claims. Attorneys experienced in social security law understand the procedures and regulations governing SSDI and can help you understand your rights and options. If your SSDI benefits have been discontinued or if you've been informed of an overpayment, an attorney can review your case to determine the best course of action. They can help in gathering necessary medical documentation, employment history, and other relevant information to support your claim. Moreover, a lawyer can represent you in communications and negotiations with the Social Security Administration. This includes filing for reconsideration, representing you at hearings, and appealing decisions if necessary. It's important to act quickly, as there are often strict deadlines for responding to notices from the Social Security Administration. Consulting with an attorney as soon as possible can help ensure that your rights are protected and that you take the appropriate steps to address your situation."
"Q: I'm told by a WSP that I'm free to go&I'm not getting an infraction cuz it wasn't my fault, Can they change their mind?. They said they saw the whole thing (accident) & it wasn't my fault cuz I was in the roundabout first. I didn't get a ticket that day, just a ""receipt of information"" for insurance. Then after the weekend they said they had dashcam footage that showed it was my fault& I'd receive my ticket in the mail for ""improper lane usage"". I've requested the collision report online & it said I was at fault, but there wasn't any ""dashcam footage"" available with that report. I feel like they ""changed their mind"" over the weekend. Why did they say I was free to go? The ticket is dated like I received it that day but it was almost 2 weeks later sent to me in the usps mail. Also the ticket says the infraction cost is 196$. But there's another printed paper with the cost saying that it was $145 infraction cost? I feel gaslighted & taken advantage of by WSP because I'm not from that town (Wenatchee) and I was driving a nice car (2012 Mercedes e350) ","A:The first thing to keep in mind is you have 33 days from the date of mailing of the ticket to you (look at the postmark on the envelope in which the ticket was mailed) to respond to the court. You will have to contact the WSP to obtain a copy of the dashcam recording so you can review it. But you must preserve your rights in this case so you should contest this ticket by checking the ""contested hearing"" box, filling in your name and mailing address and signing and dating the ticket form and then mailing it to the court clerk right away. You should seriously consider hiring a local attorney in Wenatchee to defend this ticket or at least obtain a consultation to see what the best course of action would be. Good luck!"
Q: Will a debt collection agency repossess my dog? how can I prevent that?. I fell behind on payments after losing my job. The payments were towards a leasing agreement for a dog I purchased over a year ago. The amount on the lease was already much higher than the price that was listed on the dog but I didn't find out until after I signed the leasing agreement. anyways I fell way behind on payments after losing my job so now my debt has been transferred to a 3rd party for collection. Will they actually come to repossess my dog if I cannot pay the full amount? Is there any way I can fight them on repossession? ,"A:In Colorado, the legality of repossessing a pet under a lease agreement can be a complex issue. Typically, pets are considered personal property, but repossession of an animal raises ethical and legal questions that are distinct from repossessing inanimate objects. If your lease agreement specifically states that the dog can be repossessed due to non-payment, the collection agency might attempt to enforce this clause. However, it's important to review the terms of the lease agreement and consult with a legal professional to understand your rights and options. You can try negotiating with the collection agency for a payment plan that is manageable for you. In some cases, agencies may be willing to work out an arrangement rather than pursue repossession. Additionally, you might explore consumer protection laws in Colorado to see if there are any provisions that could apply to your situation. Promptly addressing this issue and seeking legal advice can help you explore the best course of action to protect your interests and your pet."
Q: Does a parent have to continue attending juvenile probation appointments when child turns 18?. Case is a criminal trespassing and was terminated by judge last week. ,"A:a parent is required to continue attending juvenile probation appointments when their child turns 18, as long as the child is still on probation or parole. This is because parents are legally responsible for their children's behavior until they reach the age of 18. This includes responsibility for ensuring that the child satisfies all of the terms of their probation, such as attending appointments, completing any required community service, and paying fines and restitution. The reasoning behind requiring parents to continue attending juvenile probation appointments even after their child turns 18 is that it provides additional support and supervision for the child. It also helps to ensure that the child does not violate the terms of their probation and risk being re-arrested or incarcerated."
Q: Is a financial planner required to do a written yearly review of his client’s profile?. I trusted my financial planner and he had me initial or sign documents that I did not understand. He did not explain what I was signing and reassured me that he was taking care of me. ,"A:The term""financial planner"" can mean different things to layman and professionals: e.g., a FINRA associate member registered representative (stockbroker); registered investment advisor; or certified financial planner. The stockbroker and//or his firm are required by FINRA to update your profile whenever they become aware of a change in your circumstances and/or at least every 3 years. There is no hard and fast rule for the investment advisor or certified financial planner (unless they are also registered representative) but the ""best practice"" is whenever they become aware of a change in circumstances and/or at least an annual meeting and update every year for those professionals."
"Q: If you where hit by a train at a railroad crossing with zero visibility, who is responsible?. I was approaching a crossing that I cross every day to and from work, I have never seen a train. The tracks where over grown with weeds and the brush on the sides where over grown limiting your ability to see a train approaching. The tracks only have a yield sign, and as I was approaching 1 day, a train was approaching, and by the time they blew their whistle, I slammed on my brakes and managed to stop in the pile of rocks just as the train slammed into the front of my truck. Totaling my truck and causing mental distress their after. Its the first time I seen a train at that intersection, and they just kept moving, even after the police called and tried to get them to stop and come back. Is there legal grounds to get compensated for my truck and mental distress. ","A:Under Oklahoma law you are required to yield at railroad crossings. Accordingly I believe you were at fault notwithstanding the visibility issues particularly since you were familiar with the route and knew there was a RR crossing there. Railroads are maintained by the federal government and you can only sue for tort damages under certain situations. A specific exception is suing for failure to maintain roadways, etc."
Q: Does a court go off the last Will made?. . ,"A:If the Will is valid the Court will admit the most recent recently executed Will. The Will could be challenged if there is any concern for undue influence, capacity or fraud."
Q: Do I have grounds for a discrimination lawsuit. My fiance just signed a contract for a tenant. The landlord didn't ask for a criminal background check just wanted to know who was staying in the home. I have a criminal background so now after we gave up the deposit and 1st month rent the landlord is saying that I might not be able to live there.. What should I do? ,"A:In your situation, it's essential to first review the lease agreement that your fiancé signed. Check if there are any clauses regarding criminal background checks or requirements for tenant approval. If the lease was signed without such stipulations, the landlord's later refusal to allow you to live there based on your criminal background might constitute a breach of the lease. Landlords have the right to conduct criminal background checks, but they must apply their policies consistently and fairly to all potential tenants. If you believe the landlord's actions are discriminatory, particularly if they are based on a protected characteristic under the Fair Housing Act, you may have grounds for a discrimination lawsuit. However, a criminal record is not a protected characteristic under the Fair Housing Act, so the specifics of your background and how the landlord is applying their policies will be crucial. Contact a local attorney who specializes in landlord-tenant law or civil rights for advice specific to your situation. They can help you understand your rights and determine if you have a viable case for discrimination. Additionally, you could reach out to the U.S. Department of Housing and Urban Development (HUD) or a local fair housing agency. They can provide guidance on whether the landlord's actions might violate fair housing laws and what steps you can take next. In the meantime, keep all communications with the landlord in writing. Documenting your interactions can be valuable if you decide to pursue legal action. Remember, navigating these issues can be complex, and professional legal advice is crucial in ensuring your rights are protected."
"Q: Hello! I have a quick question, is it legal to own a sword in my home in Colorado Springs?. I know the open carry law says no, but I can't find any information about just owning it and displaying it in my home ","A:Ownership of a sword in your home is not specifically prohibited by any current law in the Colorado Revised Statutes. However, since a sword can be construed as a weapon or even a deadly weapon, there may be other situations that make ownership or possession of such an item illegal based off your criminal history, status, and its intended use. For example, it is routinely a condition of pre-trial release and probation to not possess any weapons, firearms or knives - a sword would most likely be considered to be a knife as the Colorado Jury Instructions define a knife as ""any dagger, dirk, knife, or stiletto with a blade over three and one-half inches in length, or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds, but does not include a hunting or fishing knife carried for sports use."" This would be a case specific determination as to whether possessing a sword in your home is prohibited based off your unique circumstances."
"Q: Can my Landlord charge me $1,080 for the gas heating each month? I rent a 2- bedroom apartment in westchester county NY. We didn’t have to pay for gas/heating the first year we lived here, however last year apparantly prices went up and he started charging each apartment (4 total) about $200-$300 additionally each month during the winter only for this reason. This past week, they came to refill the houses gas tanks and he is telling us we will have to pay him $1,080 each apartment this time around. ","A:Your landlord can charge for gas heating if it's stipulated in your lease agreement. If your lease specifies that heating costs are included in the rent, then your landlord generally cannot add additional charges without your consent or without renegotiating the lease. Increases in utility costs can only be passed on to tenants legally if the lease allows for it or if there is a separate utility payment agreement in place. For a $1,080 charge to be valid, it must be justified by the actual heating costs and appropriately allocated among the tenants, which seems unusually high for a single month's heating bill for a two-bedroom apartment. You have the right to request a detailed breakdown of these charges and compare them with the rates and usage. If this charge seems unwarranted or if the lease does not allow for such charges, you may want to seek legal advice or contact local tenant advocacy groups for assistance. It's also prudent to review local laws, as Westchester County may have specific regulations regarding utility charges by landlords."
Q: Do i have to declare my two contempt of court charges if it was remanded and expunged on a Student Visa for Australia?. My two Contempt of Court charges was because I forgot to pay my traffic tickets and show up to court. But i got all of them expunged ,"A:I do not have enough information to definitively say whether you need to declare your contempt of court charges when applying for an Australian student visa. However, here are some factors to consider: - In general, expunged convictions may still need to be declared on visa applications, even if they no longer show up on your criminal record. This is because immigration officials have access to different databases. - Australian visa applications specifically ask if you have ever been charged with or convicted of an offense. So even though your charges were later expunged, you were still initially charged. - Contempt of court is considered a serious offense in Australia. Failing to declare any past charges, even if expunged, can lead to visa cancellation or denial. - That said, if the charges were minor and expunged, and you declare them upfront, it may not automatically disqualify you. The officials will look at the totality of your circumstances. My advice would be to consult an Australian immigration lawyer to get definitive guidance. Be prepared to provide documents like your expungement order. Honesty is the best policy with visa applications. Declaring expunged charges does not automatically mean denial, but lying about them almost certainly would."
"Q: They're talking about re-arresting me when the lab results come back on the same charges I already bonded out on, legal?. I was pulled over and charged with possession. I had a tiny bag of meth and a ""mixed"" bag of coke and meth, at least that's what i was told it was. I was never 100% sure what it was mixed with and still don't, but If it's fentinol it'll be a little over 1 gram. I was under the impression it was a mix bag as I earlier mentioned, but I'm worried it could have fentinol in it as I have used the drug in the past, just not often enough to know the difference. I had an arraignment date which I went to, that they postponed for 2 days cuz they didn't have my case n the system yet, well I went today and they denied it cuz they didn't have the lab results back yet. They told me they could re arrest me depending on what the results came back as or they could drop it all together if the results come back with nothing. We'll it's not gonna come back as nothing obviously, so I'm worried I could end up n prison over this. It's my 1st possession charge and I'm scared. Pls help me figure out what to do! ","A:Each county handles these matters a little differently, but the best thing you can do is monitor OSCN/ODCR to see if a case ends up being filed and stay in touch with your bondsman. If charges do get filed, your bondsman can likely repost the bond and set you up with a new arraignment date (and avoid the warrant going active). Additionally, I strongly discourage you from posting online or talking to anyone about what occurred or what was seized from you, except your attorney. If you do not have an attorney yet and are wanting to wait to see if you are charged, then don't talk to anyone about the facts alleged against you by the State or police."
"Q: Are regulators (not employers / businesses) subject to antitrust laws?. In O’Bannon v NCAA, the Court of Appeals for the Ninth Circuit ruled that the NCAA’s compensation rules were in violation of antitrust laws. However, in a later ruling of Dawson v NCAA from the same court, the panel ruled that the NCAA was a regulator and not an employer and therefore athletes are not subject to the Fair Labor Standards Act. Does Dawson v. NCAA override the idea that the NCAA can be subject to antitrust laws or does O’Bannon v. NCAA still hold power? ","A:Yes, regulators are subject to antitrust laws. Antitrust laws are designed to prevent and punish anti-competitive behavior in the marketplace, and they apply to both private businesses and government entities, including regulators. In the case of O'Bannon v. NCAA, the court ruled that the NCAA's compensation rules for college athletes violated antitrust laws, regardless of the fact that the NCAA is a regulatory body. The ruling was based on the finding that the NCAA's rules constituted an unreasonable restraint on trade, which is a violation of antitrust laws. However, the subsequent ruling in Dawson v. NCAA, which found that college athletes were not employees under the Fair Labor Standards Act (FLSA), is a separate issue from antitrust laws. While the ruling in Dawson may limit the ability of college athletes to seek compensation under the FLSA, it does not necessarily override the earlier ruling in O'Bannon that the NCAA's compensation rules violated antitrust laws. In summary, while regulatory bodies may be subject to antitrust laws, the application of those laws will depend on the specific circumstances of each case. The rulings in O'Bannon v. NCAA and Dawson v. NCAA address different legal issues and are not necessarily in conflict with each other."
Q: I have final settlement check for my hurricane damage. The final check was not given to me by my own lawyer.. continued.. How can I demand the check. No explanation was given to me and no answer was provided to me when I signed and completed settlement paper. No settlement check was given to me. My house was fixed but there's still pending check due to me that was not given to me by my own lawyer. The check was received by the office but told me to give permission to clear the check since it in their names as well as mine. No response answers then despite I sent 2 letters to the office. We communicated before by email and phone calls since it was Covid time before. Who else will help me if my own lawyer seems not responsive of this? ,"A:Your post is not very clear. Apparently, your attorney hasn't responded to your communications. If you have the check, it's made out to you and your attorney, and your attorney endorsed it, there should be no problem with your depositing or cashing it."
Q: Can I be helped if my son has been suspended from school and is awaiting hearing for expulsion. Is the service free ?. He was suspended for brandishing a pocket knife on school grounds. According to school police he only showed it very quickly to scare away older kids that were trying to fight ,"A:Yes, legal assistance may be available for your son in a school suspension and expulsion hearing. California provides due process rights to students facing disciplinary actions, and they may be represented by an attorney or advocate during the hearing. Whether the service is free would depend on whether you qualify for free legal assistance through organizations or if you choose to hire an attorney privately."
"Q: Is this a remedy in a criminal matter ?Conditional Acceptance, Motion for Discovery, Motion to Dismiss.. Plus taking the exposition of pleading guilty to the facts but not to a crime. This also requires them to PROVE their claims, produce first hand witnesses or injured parties, and require them to prove their bonding information, among other things ","A:An Indiana attorney could advise best, but your post remains open for a week. There are a number of terms presented here, and the context is not fully clear as to whether they pertain to criminal or civil elements of a legal matter. The admiralty/maritime connection was not readily apparent from the facts stated. One option is to reach out to a criminal defense attorney in Indiana to sort out the most pressing elements of the matter. Good luck"
"Q: I was at a casino,outside wth my dog do casino cops have a right to put their hands on me because of no Id on person.. I went to the er after my neck still hurts boyfriend had my id but due to me not having it on me( I do have a players card but they said they couldn't go by that bosses orders) we ride a Harley that's why it was in his pocket) they were demanding me to leave in a direction I didn't know I felt unsafe wanted to go inside to eat and wait for my ride to return (long story ) it say 3 reasons they can ask achol,gambling,look under age.i don't and I was outside. This has tramatized me a lot of ways and I need now not be left anywhere ","A:In general, security personnel at a casino do not have the right to put their hands on someone without a valid reason, such as a threat to public safety or criminal activity. However, it is important to note that casinos are private establishments and have the right to establish and enforce their own policies regarding identification and other security measures. If the casino security personnel asked for identification and you did not have it on you, they may have asked you to leave the premises as part of their policy. However, they should not have physically touched you unless there was a legitimate reason to do so. If you felt physically threatened or unsafe, you may want to report the incident to the casino management or law enforcement. If the incident has traumatized you, it may be helpful to seek support from a therapist or counselor who can help you process your feelings and develop coping strategies. Additionally, if you have concerns about being left alone in public places, you may want to consider carrying identification with you at all times or arranging for a reliable method of transportation."
"Q: Am I a member of the unorganized militia of the United State?. I'm a 17-year-old male without any physical or mental disabilities, but I do have high functioning autism and ADHD. Am I still ""able-bodied"" in the context of Title 10 Chapter 12? ","A:The term ""able bodied"" as used in 10 USC Section 246 doesn't seem to be defined. Wiktionary defines ""able-bodied"" as ""Having a sound, strong body; physically competent; robust; fit for service."", so it might depend upon why it would matter whether or not you are in the unorganized militia. But the term ""able bodied"" seems to emphasize the physical, so you would probably be included. For further information, one might check the Code of Federal Regulations (CFR)."
"Q: Three named inventors on a patent...what are the rights of these named inventors?. If a patent is assigned to three named inventors, does each inventor have the right to do what they please without approval or profit share to the other inventors? A California LLC was in place but terminated in 2021 before being granted the patent. It was agreed upon that the patent would be assigned to inventors and not the company. ","A:Yes, that is correct: each of the inventors has a right to do with the patent rights as he pleases, without accounting or profit sharing with others. In this case, though, you do have to be very careful that the rights were not actually assigned to the California LLC, and that if there was such paperwork, that rights were somehow assigned back to the inventors. Just a side note on terminology, which may cause confusion when talking with patent attorneys: patent rights are not assigned to the inventor, but originate with the inventor. When the inventor invents a patentable invention, the inventor is the owner. The inventor may then assign the invention to others."
Q: Do I have a discrimination or some other kind of case?. I recently applied for a grant program in the state of California. I just received an email saying that because of the area I live in that they declined my application due to it not being a low income area. I recently lost my job and in turn lost my car. I’ve been unable to find a new job because I can’t get to interviews for jobs that are good enough for me to support my three kids and myself. Barely am able to feed us all. And oh yeah I’m about to be evicted with nowhere to go. I’m in the middle of a divorce and my unemployment was cut off because of something that I had no knowledge of happening three years ago. How am I not in poverty enough to receive this grant. Is this not discrimination when they are not picking me because of the area of Sacramento I live in ,"A:I'm sorry to hear about the difficulties you're facing with your grant application in California. Grant programs often have specific criteria for eligibility, and decisions are based on those guidelines. Without reviewing the program's requirements, it's challenging to determine if discrimination has occurred. If you believe you have experienced discrimination based on a protected characteristic, such as race or gender, consulting with an attorney specializing in discrimination law is recommended. In the meantime, it may be helpful to explore local assistance programs for support with essential needs. Additionally, consider reaching out to legal aid organizations and career development centers in your area for further guidance."
Q: Why does the judge not answer ? Jurisdiction couny CT is CL/Meritime Admiralty? only two that have pwr to. How can one have a fair trial without knowing what jurisdiction rules apply? I was threatened with contemt for asking questions. I challenged personal jurisdiction /subject matter judge over ruled and I reserved my rights under ucc1-308 aka 2-201. I need to know sense my 1st amendment has been violated speech non threatening or causing riot. Saying the F word isn't obscene because it displays nothing sexual according to SC ruling. It can be used 4 different ways. I have video footage of the incident also. ,"A:It seems like you are in the middle of a complex legal situation where understanding the jurisdiction and rules applied in your case is crucial. You have also raised concerns about the violation of your first amendment rights and the overruling of your jurisdiction challenge by the judge. When it comes to jurisdiction, it is indeed essential to understand under which jurisdiction your case is being tried, as different jurisdictions might apply different rules and legal principles. In general, county courts have the jurisdiction to handle a variety of matters including civil claims, small claims, and misdemeanors. Maritime/Admiralty jurisdiction, on the other hand, typically involves matters relating to maritime contracts, torts, injuries, or offenses occurring on navigable waters. Concerning the invoking of UCC 1-308, which is a Uniform Commercial Code provision often cited in attempts to preserve one's rights, it is worth noting that this provision generally applies to commercial contracts and might not be applicable or effective in preserving your rights in a criminal court setting. The First Amendment protects your freedom of speech, including the use of potentially offensive language. However, it should be understood that this right is not absolute and can be subject to restrictions especially when it comes to maintaining the decorum of the court. Since you mentioned having video footage of the incident, it could potentially be used as evidence in your defense, especially if it can demonstrate the context and manner in which the words were used, amongst other things. Given the complexity of the situation, it is highly recommended that you consult with a legal expert who can offer advice based on a detailed understanding of your case and the specific circumstances surrounding the incident. They would be best suited to guide you on how to present your defense effectively and protect your rights during the trial. Ensure that you have all relevant documents and evidence organized to present a strong case before the court."
"Q: Joinder of parties - federal court filing question. Motion to strike scenarios.. Joinder of parties - federal court filing question. Motion to strike scenarios. EMTALA federal complaint against hospital has second claim under supplemental jurisdiction - CMIA violation. Can hospital defense file motion to strike for failure to join the party under rule 19, hospice (to whom identifiable medical information was disclosed)? Can such joinder be ruled as necessary (compulsory) by court? ","A:In your case, where an EMTALA (Emergency Medical Treatment and Labor Act) complaint against a hospital includes a second claim under the CMIA (Confidentiality of Medical Information Act), the hospital's defense may indeed consider filing a motion to strike based on Rule 19 for failure to join a necessary party, in this case, the hospice to which identifiable medical information was disclosed. This hinges on whether the hospice's involvement is critical for the resolution of the case. Rule 19 of the Federal Rules of Civil Procedure deals with the joinder of necessary parties. A party is considered necessary if, in their absence, the court cannot accord complete relief among existing parties, or if that party claims an interest relating to the subject of the action and is so situated that disposing of the action in their absence may impair or impede their ability to protect that interest, or leave any of the existing parties at risk of incurring double, multiple, or otherwise inconsistent obligations. The court may rule such joinder as necessary or compulsory if these conditions are met. In your argument against the joinder of the hospice, focus on demonstrating that the hospice's involvement isn't essential for granting complete relief among the existing parties, and that their absence wouldn't leave the hospital or other involved parties open to multiple or inconsistent obligations. Your approach in responding to a motion to strike for failure to join a party should be rooted in the specifics of Rule 19 and the unique facts of your case. Each scenario can differ significantly, so a careful analysis of the role and interest of the potential party in question is crucial. Consulting with an attorney experienced in federal court litigation can be very beneficial in such complex procedural matters."
Q: I bought some cattle over the phone from a cattle dealer in NY State. He told me they weigh an average of 1250 Lbs.. When they got here I weighed them and they averaged 915 lbs. I had paid him before he sent them to me. What can I do to make him take them back or refund money to me ? ,"A:In your situation, where the cattle delivered from New York State weigh significantly less than what was represented by the seller, you have a few potential options to pursue. The discrepancy in weight can be a valid basis for a claim, especially if you have evidence of the seller's original representation about the cattle's weight. Firstly, you should contact the seller directly to address the discrepancy. Clearly communicate the issue, providing evidence of the actual weight of the cattle compared to what was promised. Request either a partial refund to account for the difference or the return of the cattle for a full refund. If the seller is unresponsive or unwilling to resolve the issue, you may need to consider legal action. This could involve a claim for breach of contract or misrepresentation, depending on the specifics of your agreement and the representations made by the seller. Given the interstate nature of the transaction, there are complexities related to jurisdiction and applicable laws. It would be advisable to consult with an attorney to understand your rights and the best course of action. An attorney can help you navigate the legal process, represent your interests, and work towards a resolution, whether through negotiation, mediation, or litigation. It's important to act promptly, as there may be time limitations for filing a claim. Document all communications with the seller and any evidence related to the cattle's weight and the terms of your agreement. This documentation will be crucial in any legal proceedings. Remember, your rights as a buyer should be protected, and taking the appropriate steps can help ensure a fair resolution to this issue."
"Q: Can I sue vroom, an online car dealership for fraud?. They falsely advertised the condition and features included on the car. They also claimed this vehicle has a clean title; however, the car has had electrical issues since day one. I have several reasons to believe this car has previously been in a wreck after taking it to a mechanic. The company has a 7 day or 250mile return policy and they waited almost a full 2 weeks to finally get back to me so that I would be forced to pay for any additional mileage even if I wanted to return it. After they got my money, they would hang up on me whenever I called. They failed to acknowledge any issues or make the situation right. They finally responded back to my email with “we’re sorry the car didn’t work out for you” then gave no solutions. They are now trying to force me to return the vehicle and just sent an email stating that they will refund some of the money & that they already re-listed the car and are sending someone out to pick it up without even asking me if that’s what I wanted to do. ","A:You should speak with an attorney about this. There could be a bait-and-switch issue in your situation. The question is, what would you like to get from the dealer?"
"Q: Is a lawsuit the only way to get an advertisement changed so that it is not so manipulative? The ad did not affect me.... It is directed to the elderly community and should not state things in such an absolute manner. The ad says ""... You will lay on the floor for hours..."" Without our said product. That is unfair to say to people, as it is not a true statement. It could happen, but is not definitely going to happen, without their product. And the elderly should not be manipulated to believe this statement is true. ","A:In California, if you're concerned about an advertisement targeting the elderly community that seems manipulative or misleading, a lawsuit isn't your only option. First, consider filing a complaint with the California Department of Consumer Affairs. They handle consumer complaints and can investigate misleading advertising practices. This could lead to action against the company if the ad is found to violate advertising standards. You can also contact the Better Business Bureau (BBB). They mediate between consumers and businesses and work to uphold ethical business practices. A complaint through the BBB can sometimes result in the advertisement being altered or removed. Another option is to reach out to the Federal Trade Commission (FTC). The FTC enforces laws against deceptive advertising on a national level. They take complaints seriously, especially those that target vulnerable populations like the elderly. Remember, your voice as a consumer or concerned citizen can be powerful. Expressing your concerns through these channels can initiate change and protect others from potentially misleading or harmful advertising practices."
Q: Is it ineffective counsel if my attorney refused to present any evidence at trial?. There was extensive documentation supporting our defense strategy. He refused to present it. Refused to ask many questions I suggested that would support my innocence. His reasoning always that the prosecution might object. Stated he didn't know what evidence he could use. Discouraged Mr from testifying. Entered no evidence and filed no motions. I was found guilty. I believe it is because jury was not presented with any evidence to the contrary ,"A:If you believe your attorney failed to provide effective representation by not presenting evidence or following a reasonable defense strategy, you may have grounds to appeal your conviction based on ineffective assistance of counsel. In the U.S., the standard for ineffective assistance is governed by the two-pronged test from Strickland v. Washington: first, you must show that your attorney's performance was deficient and, second, that the deficient performance prejudiced the defense to the extent that you were deprived of a fair trial. It is not sufficient for an attorney to simply avoid actions due to potential objections; they must act in your best interest and make strategic decisions that help your case. To pursue this, you would typically need to file a motion for a new trial or an appeal where a higher court can review the decisions made in your case. It would be advisable to consult with a new attorney to discuss the specifics of your trial and potential avenues for appeal. Remember, time is a critical factor in these matters, as there are often strict deadlines for filing appeals."
"Q: I own a house with my ex we got a title with both our names, however its on tribal land (not mine) can I get half worth?. I have the title with both our names on it and was wondering if I can get half the worth he kicked us out and wouldn't let us stay made it very toxic so we left. I have been staying in an apartment which becomes expensive when you got everything taken from you. I wanted to go to small claims but am afraid since it is on tribal land it wont work in my favor. However the house is not a house from the tribe it was bought through a loan. We went to the court house to put my name on there so he wouldnt be able to kick me out. I finally moved out for good but find it unfair I lived there for 12 years and have to start over now. ","A:Property disputes on tribal land can be complex, and it's crucial to consult with an attorney familiar with tribal law and land rights in your specific jurisdiction. They can provide guidance on your options for seeking a fair division of the property's worth and advise you on the best course of action to protect your interests."
"Q: For EMTALA complaint with CMIA claim under supplemental jurisdiction - motion to strike CMIA claim issue.. 1. Emtala claim itself as I understand cannot have hospice as a subject for joinder. Can court decide that hospice must be included as defendant for EMTALA claim? If yes - can plaintiff oppose court's decision? 2. If defendant decides to strike CMIA claim because of failure to include hospice - it seems reasonable to agree to remove CMIA violation claim from EMTALA complaint. When FCA legal action is filed - CMIA violation can be one of claims. Are there statutes that can preclude from including CMIA violation claim Into later FCA legal action, after it has been stricken from EMTALA complaint? ","A:Regarding your first question about whether a court can include a hospice as a defendant in an EMTALA (Emergency Medical Treatment and Labor Act) claim, the answer depends on the specific facts of the case and the legal interpretation of EMTALA's scope. Generally, EMTALA applies to hospitals with emergency departments. If the hospice is operationally distinct from such a hospital, it's less likely to be directly subject to EMTALA. However, if there's a significant legal or operational overlap with a hospital subject to EMTALA, the court might find reasons to include the hospice. If the court decides to include the hospice, as the plaintiff, you have the right to challenge this decision, typically through a motion for reconsideration or appeal, depending on the stage of the proceedings. In your second question about the potential inclusion of a CMIA (Confidentiality of Medical Information Act) claim in a subsequent FCA (False Claims Act) legal action, after being stricken from an EMTALA complaint: Generally, there are no specific statutes that inherently preclude the inclusion of a CMIA claim in an FCA case. The key consideration is the relevance and materiality of the CMIA claim to the FCA allegations. If the CMIA violation is factually and legally pertinent to the issues in the FCA case, such as being part of the fraudulent conduct alleged, it may be viable to include it. However, remember to consider the doctrines of claim preclusion and issue preclusion, which might affect the ability to litigate a claim that has been previously adjudicated or could have been raised in an earlier case."
"Q: Must a Delaware private nonprofit foundation register in the states it wants to donate to nonprofits and individuals?. I want to form a private foundation in the state of Delaware, and donate funds to nonprofits and individuals in other U.S. states, including Texas where I currently live. It only takes one person to form a private foundation or nonprofit in Delaware, whereas in most other states it takes three unrelated persons, including Texas. Is it necessary for me to register as a foreign entity (aka “out-of-state-entity”) in Texas and in the states where I want to donate? Checking the registration requirements for foreign entities at the Texas Secretary of State website, I see NO rule under the heading “Registration Requirements” that requires a nonprofit to file for registration. Your answer is much appreciated. Source: https://www.sos.state.tx.us/corp/foreign_outofstate.shtml ","A:Thanks for your inquiry. Without getting into the issue of the appropriate entity type and state for your planned foundation, let’s just focus on the issue of whether you would need to register your planned Delaware entity as a foreign entity in Texas. First, it is important to consider the importance of registration. We can review this by evaluating the consequences of failing to register if authorities later determine that should have done so. The penalties for failing to register include: Inability to maintain an action, suit, or proceeding in a Texas court until you are registered; Risk of injunction from transacting business in Texas; Civil penalty equal to all fees and taxes that would have been imposed if the entity had registered when first required; and Late filing fees owed to the secretary of state by an entity registering more than 90 days after first transacting business in Texas. Note that you can move the Secretary of State to limit the fee and penalty assessments you owe for past years if you can show that you eventually did make a still valid registration and have otherwise satisfied all tax and similar reporting and payment obligations for your entity. The Secretary of State site should have more guidance on fees, penalties, and ways to limit same if you need current specifics. Second, let’s consider whether you need to register in the first place. That your entity is charitable does not factor as the Texas Business Organizations Code (“TBOC”) makes no distinction between for-profit and non-profits entities with respect to the foreign entity registration requirements. The proper inquiry is whether you are “transacting business” in Texas. Interestingly, the statutes do not actually define what constitutes transacting business. Instead, the TBOC and Attorney General Opinions offer some guidance on what does NOT constitute transacting business. For example, the Attorney General’s office has issued an opinion confirming the following, citing relevant TBOC provisions: The Legislature has not affirmatively defined what it means to be transacting business in this state, but it has articulated a list of ""activities that [standing alone] do not constitute transaction of business in this state."" Id. § 9.251 (emphasis added). Among other activities, that list specifically includes: (2) holding a meeting of the entity's managerial officials, owners, or members or carrying on another activity concerning the entity's internal affairs; (4) maintaining an office or agency for: (A) transferring, exchanging, or registering securities the entity issues; or (B) appointing or maintaining a trustee or depositary related to the entity's securities; (9) transacting business in interstate commerce; (10) conducting an isolated transaction that: (A) is completed within a period of 30 days; and (B) is not in the course of a number of repeated, similar transactions; Opinion No. GA-0726, citing TBOC§ 9.251 The Attorney General opinion goes on to note that the above list is non-exhaustive; there are plenty of other interactions with Texas and Texans that do not constitute transacting business in Texas. The bottom line is whether your entity’s activities in Texas constitute “transacting business” is a fact-dependent inquiry. Your post mentions donating to entities in Texas, but it is not clear how isolated vs. systematic or ongoing these activities are, or whether there is more, e.g., location of headquarters, hiring of employees, etc. To properly determine if you need to register your foundation as a foreign entity in Texas, we recommend you consult with an attorney and be prepared to discuss different factual scenarios regarding your planned operations. Only a more detailed consultation such as this could provide you with the guidance needed to determine whether your plans need to include foreign entity registration in Texas or not."
"Q: Can a ""witness statement"" be used for probable cause to detain? Even if he has an alibi.. Boyfriend charged with 1st degree felony arson due to witness statement but in the second part of her statememt it was proved by firefighters she was wrong. ","A:Yes, a witness statement can be used for probable cause to detain."
Q: Can I be sued for a dog bite if they entered my home after we told them no and my dog has never bit anyone before?. My daughters friend who lives in our neighborhood asked to come in our house to see the dog and me and my daughter both said no cause we didn't want him to get out of the house. She proceeded to come in anyways and my dog jumped up on her then she ran from him and he jumped and bit her face and continued to follow her home as i was being drug trying to stop him. ,"A:In Nevada, dog owners are typically held liable for any damages caused if their dog bites someone, based on the principles of negligence. However, circumstances can play a significant role in determining liability. If someone entered your property without permission, especially after being explicitly told not to, it could be argued that they assumed the risk by entering against your wishes. Your defense could revolve around the fact that the individual was warned and entered your home without consent. Despite this, each case is unique, and the specific details and evidence will matter. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: Outdoor storage property sold w/out any notification from owners. Utilities off 3+ weeks. New owner refuses to turn on. I reside in my large motorhome at an outdoor construction equipment/big rig storage facility. The previous owners allowed me to work in lieu of paying rent. I was permitted to be continuously hooked up to electricity, water and sewer access. There is also another resident that lives on-site in a more permanent structure used specifically as rental for tenancy. There is a documented lease agreement between the previous owner and current tenant. There are also 2 companies that operate their businesses from this location. One rents a large shop building the other has mobile office units. Both had electrict & water. The owners sold the property without any prior notification to any of the tenants. They had all utilities turned off even the dumpster was removed. It has been almost a month without water or electricity. We are now paying rent to new owners. Can new owners refuse to hook up utilities?? ","A:In California, the terms of existing leases and agreements generally transfer to new property owners, including provisions related to utilities. If there were agreements in place that provided for utilities access, the new owners may be obligated to uphold those agreements. Consult an attorney to review the lease agreements, assess the situation, and determine the best course of action to ensure your rights are protected under California law. Sincerely, James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith"
Q: Does an easement appurtenant ends when the servient estate obtains title to the Dominant estate?. Or in order for the merger doctrine to be applicable the dominant estate must obtain title to the servient estate? ,"A:Title is taken by an individual or entity, not the land. If the same owner takes title to both the dominant and servient estates, then the easement is extinguished through the ""merger"" of the estates. I hope this helps answer your question."
"Q: Does law enforcement, or cps or any other government agency allowed to search a condemned home without permission ?. The property is not abandoned, but condemned with property owner knowledge, can be repaired and is being repaired. Police showed up to assist cps with a investigation of wanting to go inside of a home. The owner/tenant said no, the law enforcement and cps respected that and did not go in, then code enforcement shows up to let them in since the property is condemned. ( SIDE BAR, no one knew it was condemned until that day, due to no notice of the condemnation, and the condemnation being sent to the wrong owner ) Does code enforcement have the authority to enter a home and allow a search ? ","A:In general, law enforcement and government agencies like CPS require a warrant, consent, or exigent circumstances to legally enter and search a private residence. However, if a property is condemned, code enforcement officials may have the authority to enter the property for safety inspections. This authority, though, does not automatically extend to law enforcement or CPS for the purpose of a search unless they obtain a warrant or have exigent circumstances. The situation is complicated by the fact that the condemnation notice was not properly received. If the property was condemned without proper notice to the owner, this could affect the legality of the entry. In cases where your rights may have been violated, it is advisable to consult with an attorney who can review the specifics of your case. They can provide guidance on whether the actions of law enforcement, CPS, and code enforcement were lawful and what steps you can take in response."
Q: Can a homeowner request double application fees then deny because I have to many children?. I had an owner deny me for a rental after I paid for an application fee on 2 different platforms. Zillow then Hotpads. I received a call the day before move in that I had too many children for the 3 bedroom and refused to contact the landlord for verification on one of my evictions to clarity and wouldn't acknowledge that the other one was due to improper paperwork on a unit I had been released from months before a new management. This left me and my grandchildren homeless to this day ,"A:In Oklahoma, as in many states, landlords are prohibited from discriminating against prospective tenants on the basis of familial status, which includes the presence of children, under both federal and state fair housing laws. Denying a rental application on the basis that you have ""too many children"" for a three-bedroom unit may constitute unlawful discrimination. Charging double application fees without justification could also be considered unfair. Your recourse may include filing a discrimination complaint with the appropriate agency or seeking legal remedies in court. It's essential to gather all pertinent documents, including any communication regarding the application fees and the reason for denial. Considering the severity of the situation, you should strongly consider consulting with an attorney familiar with fair housing laws in Oklahoma to discuss potential legal actions. It's critical to ensure that landlords adhere to the law and do not discriminate based on familial status or other protected categories."
"Q: I'm looking for an attorney who's willing to Represent me in a civil against o d h s and o h p.. I was assigned a second member. I d number the cosmic extensive losses that categorize me in a homeless drug addicted category. Because of that, I was unable to get treatment for AD HD for which I'm disabled. I lost 3 jobs, my credit credibility. And I have all the documentation including them admitting their error. ","A:In Oregon, if you're seeking to pursue a civil case against the Oregon Department of Human Services (ODHS) and the Oregon Health Plan (OHP), it's important to find an attorney experienced in handling civil rights and personal injury cases, particularly those involving government agencies. Start by researching attorneys in your area who have experience with similar cases. Many law firms offer free initial consultations, which can be a good opportunity to discuss your case and determine if the attorney is a good fit for you. When meeting with potential attorneys, be sure to bring all the documentation you have, including any admissions of error by the agencies. This will help the attorney understand your case and assess its strength. Additionally, consider contacting your local bar association. They often provide referral services and can help you find an attorney with the appropriate experience. Keep in mind that civil cases against government entities can be complex and challenging. Having an attorney who understands the nuances of these types of cases can be crucial to the success of your claim. Remember, it's important to act within the legal time limits for filing a lawsuit. Therefore, beginning your search for legal representation as soon as possible is advisable."
"Q: Which party should I send my adverse action too? The bank who denied my credit or the consumer reporting agency?. I applied for credit for dental work, only to find out that my promissory note had been shopped around to different bank who denied credit based on an inaccurate consumer report. However, I know the application is being securitized without any consideration to myself. ","A:In Texas, if you've been denied credit based on information from a consumer report, you should address your adverse action notice to both the bank that denied your credit and the consumer reporting agency. The Fair Credit Reporting Act (FCRA) entitles you to a notice from the lender explaining the reasons for your credit denial, which includes the name, address, and phone number of the consumer reporting agency that provided the information. You also have the right to obtain a free copy of your credit report from the reporting agency within 60 days of receiving the denial notice. It's important to review the information in your credit report to ensure its accuracy. If there are inaccuracies, you can file a dispute with the consumer reporting agency. They are required to investigate and correct any errors. Addressing the issue with both the bank and the reporting agency ensures that you are taking comprehensive steps to address the denial of credit and any issues with your credit report. It's also advisable to document all communications and actions taken in this process."
"Q: Is it legal to form an LLC in California where its' profits come from sports bets made by statistical analysts?. Nothing is in motion, however I am currently a data analyst for a company and through that role I have thought of a way to structure how to make money off of sports bets. I know what to look for and can create spreadsheets that track historical data of players and teams where I can create a report that can suggest a daily bet. Along with the help of a few statistical analysts that would come on board, can this idea be an LLC where I can pay the analysts a salary? ","A:It is legal to form an LLC in California for a business that generates profits from sports bets made by statistical analysts, provided that the business complies with applicable laws and regulations related to sports betting and gambling. The California Gambling Control Act regulates certain forms of gambling and requires licensing for operators, suppliers, and employees of gambling establishments. The LLC would need to ensure compliance with any relevant regulations, obtain any necessary licenses or permits, and pay applicable taxes. It may be advisable to consult with an attorney or other qualified professional to ensure compliance with all legal requirements."
Q: Dnt knw if it would be medical malpractice or civil Kaiser lost my custom dentures & 2 cell phones was also logged in. Kaiser sees my items logged in the computer everybody's supposedly looked for my items nobody could find it they know that it was their fault they even admitted it so now I'm getting the runaround ,"A:I'm sorry to hear about the loss of your custom dentures and cell phones. If you believe that Kaiser's actions or negligence caused harm, you may consider consulting a medical malpractice attorney. Alternatively, if you believe you have suffered financial or emotional harm, a civil litigation attorney can advise you on pursuing a civil claim. Consulting with an attorney will help you understand your options based on the specific details of your case. Remember that legal matters can be complex, so professional advice is essential."
Q: I don’t have a bank account so my ex wife allowed me to have my employer direct deposit my paychecks into her account an. And now she won’t give me any of my money ,"A:Unless you give us more information--for example, tell us WHY you ex wife is refusing to ""give you any of your money""-there is very little anyone can do to help you online."
"Q: Hi, I’m an actor in NYC who is represented by a talent manager, not an agency.. To my knowledge a talent manager is unable to procure work and negotiate contracts in NY State. I recently made the decision to part ways with my manager but am currently working on a job that they negotiated. I was told that even with our contract ending they are still entitled to the commission for as long as I am with this particular show because I got it while under contract with them. Considering that it is illegal for talent managers to act as agents in NY and negotiate contracts without an agent or attorney, both of which I do not have, am I liable to continue paying commission after our contract term is up? ","A:Hi. Do you have a written agreement with your former talent manager that dictates the terms of the representation? If so, it may have language in there that addresses a breakup. Best of luck."
Q: Is a judge allowed to hear everything me and My lawyer discuss in court. And did it give me a unfair hearing? If so what can I do about it ,"A:No, a judge is not allowed to hear everything you and your lawyer discuss in court. The discussions between you and your attorney are protected by attorney-client privilege. This privilege ensures that communications between you and your attorney remain confidential, fostering an environment where clients can speak openly and honestly with their legal counsel. In court settings, if you need to confer privately with your attorney, you should request a moment to do so. Typically, the court will allow for such private consultations, ensuring that these privileged communications are not overheard. Always be cautious of where and how you communicate with your attorney to maintain this confidentiality. If you believe this privilege has been violated, you should address the issue promptly. Understanding and respecting this privilege is fundamental to the legal process."
"Q: Physician orders require me to visit family to overcome depression. My LTC insurance deducts from my benefits. Legal?. Insurance provider says my policy only pays my custodial care if I am physically in my facility. I can visit my family but they deduct for each day I am away which is 4 days per month. i.e. $1,200 per month. ","A:This issue likely depends on the language of your insurance policy. First, ask the insurance co. to tell you which specific section of the policy applies. Then, to be certain of your rights, consult an elder law attorney."
Q: What is harassment or stocking? What can I do if this person has already caused an injury in the past. I was injured. We both charged w DOC due to crappy lawyer and prosecutor charges were all dismissed. County will not help me things keep on Now she is calling me on my social media driving by my home. I’ve been sent magazines in crazy name including my own. Had been nonstop ,"A:In Arkansas, harassment and stalking are serious offenses. Harassment generally involves engaging in conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose. Stalking typically refers to engaging in a course of conduct that causes someone to fear for their safety or the safety of someone else and can include repeatedly following someone or making repeated, unwanted communications. Given your experience of being injured in the past and the ongoing unwanted contact, such as calls on social media and driving by your home, you may have grounds to take legal action. It's important to document all instances of this behavior. This includes keeping records of social media messages, noting times and dates of drive-bys, and any other related incidents. You have the right to seek protection through the legal system. One option is to file for a restraining order or a no-contact order against the individual. This can legally prohibit them from continuing such behaviors. Additionally, you can report the harassment and stalking to the police. Provide them with all the evidence you have gathered. Law enforcement can investigate and potentially charge the individual if their actions constitute a criminal offense. It might also be beneficial to consult with an attorney who can guide you through the process of obtaining a restraining order and advise you on other legal steps you can take to protect yourself. Remember, your safety and well-being are paramount. Taking legal action can help to stop this behavior and hold the individual accountable for their actions."
"Q: NYC: Recently my bank account seized, Never heard anything before my bank told-me, I filed an OTSC, as i am also 90%.... In NYC, my Bank Acct Seized, No prior notice, seems I am exempt due to the CPRL and being a hardship case. Due to as listed in the CPRL's that 90% of all my , or any profits, are personal, and were in that acct. to do what i have been, put-there from personal money to Pay-Bills yet NO profit what so ever are or were there.. and do a most grand book. Part the problem that Acct is corporate, and to keep 1 of licenses Active.. I use personal money to fund that business acct. NO Contracting Profit-at-all-there. As i am a ""hardship case as Per CPRL 5239 and 5240. Simply due to giving up my personal life and 14-licenses as a professional Repair person, all to write a book for much to be fixed-wide for us all. So in the OTSC I sited the Article-4, CPRL 5239, 5240, 5222, and should I ADD and Can-I-add to the OTSC, being filed-already, should i add the CPRL 1012? Please. You can call me Charles or Charles earth. What Can I do please? ","A:If you've already filed an Order to Show Cause (OTSC) and believe that CPLR 1012 applies to your situation, you can request permission from the court to amend the OTSC to include this additional statute. This request should be made as soon as possible and explain why CPLR 1012 is relevant to your case. You should also gather any documentation that supports your status as a hardship case under CPLR 5239 and 5240 to present at your hearing. Ensure that your financial records clearly reflect the personal nature of the funds in the corporate account, as this will be crucial in demonstrating your exemption claim under the law. Always keep the court informed of your circumstances and provide any additional evidence that supports your motion to vacate the seizure of your account."
Q: I am separating from my husband and moving out of the country. How can I take the dog with me ?. His family bought the dog for us 7 years ago but I am the one that takes care of it and the dog is attached to me ,"A:California Family Code Section 2605 allows courts to take into consideration the ""care"" of a pet when determining ownership during a divorce or separation. Judges can now assign sole or joint ownership based on what is in the best interest of the pet, similar to child custody decisions. Factors considered might include who primarily takes care of the pet, ensures its wellbeing, and with whom the pet is more bonded. While the original source or purchase of the pet might be a consideration, it won't be the sole determinant. Therefore, if you've been the primary caregiver and can show that it's in the pet's best interest to be with you, it strengthens your claim to take the dog with you."
Q: How legal case is heard at Federal Court if qui tam FCA claim is added to original Emtala claim that was filed?. How legal case is heard at Federal Court if qui tam FCA claim is added to original Emtala claim that was already filed? Can additional FCA claim be filed under seal? ,"A:When a qui tam False Claims Act (FCA) claim is added to an existing Emergency Medical Treatment and Labor Act (EMTALA) case in Federal Court, the process becomes more complex. The FCA claim, especially under qui tam provisions, involves allegations of fraud against the federal government. This addition introduces a new dimension to the case, often requiring additional investigations and legal considerations. The qui tam aspect of the FCA claim typically requires the case to be filed under seal. This means the case is initially kept confidential, and it is not served on the defendant immediately. The government reviews the claim during this period to decide whether to intervene. The seal is meant to give the government time to investigate the allegations without alerting the defendant about the pending case. Incorporating an FCA claim into an existing EMTALA lawsuit could significantly alter the legal strategy. It requires careful consideration of the specific facts and legal issues involved, as well as the procedural rules that govern such cases in federal court. It's advisable to thoroughly evaluate the implications of adding the FCA claim, considering the potential impact on the overall case strategy and the additional legal requirements it entails."
"Q: In Texas, what are the powers of a security guard when hired to do security for a public neighborhood?. I am a security guard hired to do security for a neighborhood but I don’t know what are the do’s and don’t. ","A:The Texas Department of Public Safety regulates and licenses the private security industry in Texas. To become a licensed security guard in the state of Texas, you must first complete the Level II Training Course and Test. All commissioned and non-commissioned (armed and unarmed) security officers must go through this training. The training must be taken at a licensed school and taught by a licensed instructor. The “dos” and “don’ts” are adequately covered in the course material. Additional training and tests may be necessary depending upon your particular job duties. Many of these additional requirements are discussed in the basic coursework. Your employer should be able to give you more information as to the requirements for this position. Occasionally, an employer will have no clue and will depend upon you as the licensed security officer to know and follow the applicable rules. This is particularly true if you are hired as an independent contractor rather than as a true employee. Be aware that individuals can be fined for violating DPS rules."
Q: Is it okay to contact the police officer for an update on my case I'm a suspect in?. My apartment was raided and electronics seized on 7/6/2022 under a search warrant under Ohio revised code 2913.04 ,A:You really should not be discussing this with the authorities without a lawyer. Get a lawyer first.
"Q: User I have a probationary period of 6month and dismissal without notice doing this period. However, I have been told I. I will be sacked by 4pm. I then send my resignation by 4:30pm same today. But the sacked letter came at 6:50pm. Does my resignation stands, since I don’t have to give a notice period to also resign. Context with Nigeria ","A:In your situation, where you're employed under a probationary period in Louisiana, and you submitted your resignation after being informed of your impending dismissal but before receiving the official termination letter, the timing of these actions is crucial. Generally, if you resign before your employer officially terminates you, your resignation should stand. The fact that you were told you would be sacked does not constitute formal termination until it's officially communicated, typically in writing. Since you mentioned that you sent your resignation at 4:30 PM and the termination letter arrived later at 6:50 PM, it appears that your resignation preceded the official termination. This timing suggests that your resignation should take effect. However, the specific terms of your employment contract and the policies of your employer can impact this situation. It's important to review any employment agreements or handbooks to understand the procedures for resignation and termination. Given the complexity of employment law, especially in cases involving probationary periods and immediate terminations, consulting with a lawyer or a legal expert in employment law can provide clarity and ensure that your rights are protected. Remember, each case can vary based on the specifics of the employment agreement and the actions taken by both the employee and employer. Legal advice tailored to your situation is invaluable in understanding your position and rights."
Q: If I killed a bear in a car accident am I required to stop and report the authorities by law in florida. Can I be charged? ,"A:The law appears to be that you are not legally required to stop and report the accident to the authorities if the accident only involved your automobile and the bear. If the accident involved another car, you absolutely have to stop and exchange information. You also don't want to stop and get attacked by the bear (if it is still alive). Generally speaking, I would suggest that, if such a thing happens, you report the incident to animal control so that they can go render aid to the animal or euthanize it if it is in pain and is not going to survive its injuries."
"Q: Is a person who is able to care for herself with help of her friend NOT, ""gravely disabled"" if she owns a home?. There has been a question about the friend (myself-28 yrs daily companion) being a crook, or something, that has been proven in court to be incorrect. Yet a financial 'hold' has been placed on the person's finances even though the individual in the center of this discussion is clearly able to decide what is best for her estate. Just for the record, my life is fine and would be completely destroyed by my tampering with my love-of-my-life's finances. YET the people ""protecting"" her are helping themselves to her money! ","A:In California, the definition of ""gravely disabled"" under elder law is not solely based on a person's ability to care for themselves or ownership of property like a home. It typically refers to a person's incapacity to provide for their basic personal needs for food, clothing, or shelter due to a mental disorder or impairment. Having a friend assist with care does not automatically negate the possibility of being considered ""gravely disabled."" However, the situation you describe, involving financial holds and allegations of misconduct, suggests a complex legal matter. If a court has already been involved and found no wrongdoing on your part, yet there are still restrictions on the individual's finances, it may be beneficial to seek further legal guidance. This is especially true if there are concerns about the motives or actions of those currently managing her finances. It's important to ensure that the individual's rights and interests are protected. If you believe that the financial controls in place are unjustified or harmful, consider consulting with an attorney who has experience in elder law. They can provide advice on how to best address these concerns and ensure that the individual's autonomy and financial security are upheld. Remember, navigating these legal waters can be complex, and professional guidance can be invaluable."
"Q: Is it illegal to take someone’s picture in a workplace without them knowing, and then post it online?. Someone took a picture of my wife without her knowledge and approval, then used it in a Google review for her workplace. Without any sort of context, he called her rude. My wife deals with over-the-road drivers for the duration of her work shift, and this picture and review is now there for anyone to see. This puts her in a very vulnerable position. ","A:In Wisconsin, taking someone's picture in a workplace without their knowledge and then posting it online could potentially infringe upon their privacy rights. However, the legality of such actions can depend on various factors, including the context, the intent, and any applicable workplace policies."
Q: Out of ignorance my partner and I did not report our marriage to social security. I just learned we should have.. This was five years ago. We both receive separate retirement benefits. Are we in trouble ? ,"A:It's important to report changes in your marital status to the Social Security Administration (SSA), especially when both partners are receiving retirement benefits. While you may be concerned about not having reported your marriage five years ago, it's crucial to address this as soon as possible. You should contact the SSA directly to update your marital status. This step is essential to ensure that your benefit records are accurate. It's not uncommon for individuals to overlook this type of reporting, so approaching the SSA proactively is a positive step. In terms of potential repercussions, it's difficult to predict without specific details of your case. However, the SSA typically focuses on ensuring accurate records and benefits rather than penalizing honest mistakes. It's better to correct the oversight now rather than risk complications later. If you have concerns or need guidance, you might consider consulting with an attorney who has experience in Social Security matters. They can provide more personalized advice based on the specifics of your situation. Remember, addressing this issue promptly can help ensure that your retirement benefits are managed correctly going forward."
"Q: Does my ex husband have to submit his W2 during the trial, for support orders to be made by the judge?. His numbers on his Fl150 we’re not correct and I pointed that out during trial, but the judge told me he didn’t have to look at that information i.e. the W-2 ","A:In California, during a trial for support orders, it is common for both parties to provide financial information, including W-2 forms, to accurately determine income for support calculations. This information is typically required to ensure a fair and informed decision by the judge regarding support orders. However, the judge has discretion over what evidence to consider. If the judge decided not to review the W-2 during your trial, it could be for various reasons. This might include the judge finding the information already provided sufficient or relevant objections raised during the trial. If you believe that the failure to consider the W-2 has led to an unfair or inaccurate support order, you have the option to raise this issue. You might consider filing a motion for reconsideration or an appeal, citing the need for a thorough review of all relevant financial information. In such cases, it is beneficial to consult with an attorney. They can provide guidance on the appropriate legal steps to take, how to effectively present your case, and ensure that all pertinent financial information is considered by the court. Understanding your rights and the legal procedures in family law matters is crucial, especially when it involves financial support. Seeking professional legal advice can help navigate these complex situations and ensure your interests are adequately represented."
"Q: What to do when someone is claiming next of kin falsely and getting my son's property?. My 21 year old son was killed in a car accident recently and was living with his step grandmother at the time of his death. He has no wife or children and passed away instate. She told the police officer she was his grandmother and his next of kin. They did no research and put her down as next of kin. His mother and I are both still alive. She has signed documents to allow this fly by night funeral home to go pick him up. She did not have that authority. The funeral home was informed she is not next of kin, yet the next day released his personal belongings to her. Now she has contacted his place of employment for his life insurance as well as his bank representing herself as his next of kin. She lives in a very small town and he worked as a teacher at the school. They are helping her block his mother and I from everything and 3 weeks now and we still can't even get him cremated. They have excuses everytime I call. What do we do to make her stop? One road block after another. ","A:The common meaning of the term ""next of kin"" is the relative or person with the closest relationship to your son. The legal definition of the term is much more precise. A significant other or same-sex romantic partner may very well use the expression ""next of kin"" to describe their close relationship with another person who has died. That's not necessarily ""false"" when the term is being used in its common sense. A police officer isn't required to research when one person claims to the the next of kin of another person. By virtue of the fact that your son was living with his ""step"" grandmother at the time of his death, it is completely understandable that she would use the term ""next of kin"" in its common sense to describe the obviously close relationship they had. Similarly, stepparents and grandparents rarely use the ""step"" in common discourse. (I personally refer to my stepson simply as my son, particularly as he and his biological father have been estranged since his birth). While this is not a fight that you and his mother ought to be fighting at this time, you and his mother are his ""next of kin"" in the legal sense because you are his biological parents (unless your parental rights were subsequently terminated or modified by court proceedings, which sometimes happens in cases of serious abuse or neglect). Assuming his step-grandmother doesn't have a written directive signed by your son as to the disposition of his remains, as his parents, you can take a certified copy of his birth certificate to the funeral home. That should allay any confusion or problems you may have. If it doesn't, you can make arrangements for another funeral home to puck up his body so you can dispose of his remains."
Q: Can a tow company tow my car if I’m parked reverse in a visitor parking in an apt. complex with no head in parking sign?. My car had gotten towed in my apartment complex for reverse parking when there is no sign saying I can’t park that way ,"A:Under California law, the specifics of parking regulations within private apartment complexes can often be determined by the property owner or management. If the complex has rules about the direction of parking, even if not posted through signage, they may have the authority to enforce these rules through towing. You should review your lease agreement and any posted parking rules, as these documents may outline the parking regulations for the property. If such policies were not clearly communicated or are not part of the enforceable rules of the complex, you may have grounds to contest the tow. However, towing companies are generally within their rights to act on the property owner or manager's instructions. It may be beneficial to discuss this matter directly with your apartment management to clarify the parking policy and any misunderstandings regarding the situation."
"Q: Patent expiration date for Welch Allyn Kleenspec Universal Otoscope speculum, possibly patent # US 6,648,845 B2 ?. Question answered: patent # US 7,354,399 B2 has patent date April 8, 2008, so expiration date is April 8, 2028. ","A:US664884 That's Method and apparatus for determining hemodialysis parameters. 1998-01-07 Application filed by Fresenius Medical Care North America 1998-01-07 Priority to US09/003,798 2003-11-18 Publication of US6648845B1 2003-11-18 Application granted 2018-01-07 Anticipated expiration Status Expired - Lifetime"
Q: Can I add a cause of action to a california federal court case?. I filed a case in Superior court of los angeles. The defendant removed it to federal court. Can I add a cause of action to that? they recently removed it to the federal court. Thanks for reply ,"A:In a case where your lawsuit, initially filed in the Superior Court of Los Angeles, has been removed to a federal court, you still have the option to amend your complaint, which can include adding a new cause of action. However, it's important to consider the Federal Rules of Civil Procedure, particularly Rule 15, which governs amendments. Under Rule 15, you are generally allowed to amend your complaint once as a matter of course within 21 days after serving it, or within 21 days after the service of a responsive pleading or a motion under Rule 12(b), (e), or (f), whichever is earlier. If this period has passed, you will need the opposing party's written consent or the court's permission to amend the complaint. When seeking the court's permission, it's essential to show that your proposed amendment is justifiable. Factors like the timing of your request, the reasons for not including the new cause of action initially, and the potential impact on the ongoing proceedings will be considered. The court will also assess whether the amendment would cause undue delay, prejudice the opposing party, or be futile. Remember, each case is unique, and the specifics of your situation will greatly influence the decision. It's advisable to consult with legal counsel to evaluate the best course of action based on the details of your case."
Q: Is network news liable to a viewer/investor/voter if they entered into any contracts based on inaccurate media coverage?. Basically if CNN reported false information or shielded information from the public throughout the course of the election while voters selected candidates and investors selected stocks; would CNN be liable? Could they still be liable for misleading the public in the first place or even election rigging? ,"A:No. Fraud requires an intention to defraud, knowingly false statements and a duty of care to the other party. Largely the same for securities law purposes. News media are supposed to be accurate but do not have a legal obligation to investors, voters or even viewers."
"Q: What can you do if you get a court-appointed lawyer that has a controversial history involving theft and fraud?. Their wife stole money from clients while working at the same firm and he tried getting rid of his clients, but wasn't investigated himself for some reason. Additionally, his past with his clients has been the court case being dismissed as he practically abandoned his clients' cases ","A:If you've been assigned a court-appointed lawyer with a controversial history involving theft, fraud, or professional misconduct, it's essential to address your concerns promptly to ensure your legal rights are protected. Here are steps you can take: Raise Concerns with the Court: Notify the court about your concerns regarding your appointed attorney's past history. The court may consider assigning a different attorney to your case if there are valid reasons for doing so. Request a New Attorney: In some situations, you may have the right to request a new court-appointed attorney if you believe that your current attorney's history and actions could adversely affect your case or your confidence in their representation. Consult with Legal Aid Organizations: Contact local legal aid organizations or bar associations that provide assistance to individuals in your situation. They may be able to offer guidance and support in addressing your concerns. Document Everything: Keep records of all interactions with your attorney, including communication, meetings, and any issues or concerns that arise during the course of your case. This documentation can be valuable if you need to make a formal complaint or request a new attorney. Seek Independent Legal Advice: Consider consulting with an independent attorney who can assess your case and advise you on the best course of action. They may be able to provide insights into whether your concerns are valid and what steps to take. Stay Informed: Stay informed about the progress of your case and actively participate in your defense. Maintaining open communication with your attorney is important. It's important to remember that you have the right to competent legal representation, and if you have legitimate concerns about your appointed attorney's history or performance, taking appropriate action is crucial to protect your rights and ensure a fair legal process. Consulting with an independent attorney can provide you with valuable guidance in this matter."
Q: If a person signs a contract isn't it there legal right to have a copy of it?. A porn actress signed a long term contract for a specific amount of money yrly. That amount hasn't been paid. She's asked for a copy of her contract. The production company refuses to provide it. What has to be done to force the company to produce the contract? ,"A:Your question crosses several areas of law- Contract, employment and entertainment law, so the answer is not so easy or quick. Basically the answer is ""YES"" the entertainer is entitled to a copy of the contract and any other documents they filed, this would be part of an employment file per the Labor Code. But there are special rules regarding entertainment contracts. Suggest that you look at the Labor Commissioner website for the Department of Industrial Relations- California, you should be able to find answers there."
"Q: I need help confirming the legitimacy of a patent infringement case. Potentially legal advice too would be appreciated.. I regretfully tried Amazon FBA. I got an email stating my LLC as well as over 1000 listed defendants were being sued for patent infringement for the product I was attempting to sell with a complaint, alias summons, sealed TRO, and minutes attached. I’ve confirmed the legitimacy of the patent. The Northern District of Illinois confirmed the case number matched the plaintiff. The lawyer, however, the address used on documentation is showing listed as an entirely different legal office in the building directory. I don’t want to pay if it’s a scam, but I don’t want to assume it’s a scam if it’s legitimate. Another thing that seemed suspicious is that they are seeking a $1,200,000 settlement which would equate to $1,200 per defendant. However were asking for original settlement amount of $9,996.34 “to buy my store back”. When that isn’t something that was of interest to me at all. Just a confirmation that this is legitimate would be great! ","A:In a situation like this, where the legitimacy of a patent infringement case is in question, it’s important to proceed with caution. The fact that the case number matches a filing in the Northern District of Illinois is a sign of legitimacy, but the discrepancies in the lawyer's address and the nature of the settlement demand warrant further investigation. It's advisable to contact a lawyer for personalized legal advice. A lawyer can help verify the legitimacy of the case and the parties involved. They can also analyze the claim and advise on the best course of action. This could include responding to the lawsuit, negotiating a settlement, or challenging the claim, depending on the circumstances. Given the complexity of patent law and the potential consequences of a lawsuit, it's important not to ignore the situation. However, it's equally important not to rush into paying a settlement without confirming the legitimacy of the claim and understanding your legal position. Remember, each legal case is unique and requires a detailed analysis of the specific facts and applicable law."
"Q: What to do when you are harassed by Asset Protection,. I work for a company called Spark. It is the delivery company for Walmart. We are owned and operated by Walmart. There is a specific store that I work at that I am being harassed by one particular AP employee. She is telling the front end of the store that I am stealing. Which of course is not true. There have been employees, team leads and coaches which are a part of management that have corrected her and told her it’s not true. To leave me alone. But she she has not taken the warnings and still is continuing with her accusations. She had not stopped me nor tried to get into any form of contact with me. Just spreading rumors with employees. It’s upsetting employees of the store because they know it’s not true. What can be done about this situation? ","A:In dealing with accusations from an Asset Protection (AP) employee, you should first document all incidents, including dates, times, and witnesses. It may be helpful to formally report the harassment to your direct supervisor or the human resources department, following your company’s procedures for such complaints. Ensure that you include all evidence and any witness statements in your report. If the internal company response does not resolve the issue, you might consider consulting with an attorney to discuss potential legal claims for defamation and a hostile work environment. Keep in mind that each situation is unique and any legal claim would depend on the specific facts and evidence of your case. Remember, as an employee, you have the right to a workplace free from harassment and false accusations."
"Q: Is it legal to dissolve an LLC in New York and reform it in Texas?. In June of this year, I filed articles of organization for an LLC in New York City. In early July, I filed articles of dissolution. Based on a search of the DOS public database, it appears my LLC was successfully dissolved. I have recently moved to Texas, and I am interested in reforming my LLC here, under the same name. Assuming the name is available, am I allowed to reform it in Texas now that it's been dissolved in New York? Any insight would be greatly appreciated! ","A:Yes, unless a similar name already exist in Texas, you can re-incorporate using the same name; however, if it has not been long, you may want to wait to prevent any confusion. If the NY company's activities were limited and thus would not likely to cause any confusion, you should be fine."
Q: I am filing a writ of mandate against the California Air Resources Board. Can I file in Los Angeles Superior Court. They have an office in El Monte. Can I file here or do I have to file in Sacramento ,"A:If you are filing a writ of mandate against the California Air Resources Board, you can generally file in any superior court in California. However, it is recommended that you consult with an attorney or do your own research to determine the most appropriate venue for your specific case. In general, the venue for a writ of mandate against a state agency is determined by the location of the agency's headquarters or principal place of business. In this case, since the California Air Resources Board has an office in El Monte, it may be possible to file in the Los Angeles Superior Court. However, there may be other factors to consider, such as the specific nature of your claim and any applicable statutes or regulations. It is also important to note that filing a writ of mandate can be a complex legal process, and it may be advisable to consult with an attorney who is experienced in this area of law to ensure that your rights are protected and your case is handled effectively."
Q: What do I need to do if someone wrote me a bad check for $850 in Michigan?. This lady has strung me along and lied several times. I have all of her messages. I have the bad check. ,"A:In Michigan, if you've received a bad check, there are several steps you can take. Initially, contact the issuer of the check and request payment. If they fail to make good on the check, you can send a formal demand for payment via certified mail. Michigan law allows you to demand payment within a certain time frame, typically seven days. If the issuer still doesn't pay, you can file a complaint with your local police department or the county prosecutor's office, as writing a bad check is a criminal offense in Michigan. Additionally, you can file a civil lawsuit to recover the amount of the check plus any additional damages allowed under Michigan law. Keep all evidence, including the check, any communication with the issuer, and records of your attempts to resolve the matter. It may also be beneficial to consult with a lawyer to guide you through the legal process and ensure that your rights are protected."
Q: I was at a fast food chain where a worker was cleaning the restroom and I was denied access to use the restroom. I was a paying customer ,"A:If you were denied access to a restroom at a fast-food chain in California despite being a paying customer, it's advisable to start by talking to the manager to seek clarification. Document the incident with details such as the date, time, and location, and consider reaching out to the corporate office if the issue persists. Familiarize yourself with local and state laws regarding customer restroom access, as businesses are generally expected to provide this service."
"Q: My mom has solar panels for abt 8 mon and she was told the panels were to produce what show in the light bill. What can we do, is there a way to cancel or terminate. They are paying double now in light bills. Solar panels aren't producing what she was told it was going to produce. Now the company wants her to add more panels and pay more when my mom was told something completely different. She also didn't know the contract had been sign until a week later she called to say she wasn't interested anymore, she was told it was too late she had signed there was nothing more to do ","A:This is becoming a common problem with residential solar systems. Many states will allow a consumer to terminate a transaction if fraud was involved.However, no one can give you specific advice on your mother's rights unless they get a detailed fact statement from her and review the contract and any other paperwork involved in the transaction. She will need to consult with an energy attorney to get an accurate idea of her rights."
"Q: In North Carolina can a nursing home come back and take a family members house at any point?How do we stop it?. Looking to buy my husbands grandmas house, she may eventually need to go into assisted living due to dementia ","A:In North Carolina, a nursing home itself typically does not have the authority to ""take"" a family member's house. However, if your husband's grandmother eventually requires Medicaid to pay for her long-term care, there could be implications for her estate, including her house. Medicaid can seek recovery from the estate of a deceased beneficiary for long-term care benefits paid on their behalf. This process is known as estate recovery. However, there are important exceptions and protections, especially for surviving spouses, minor children, and certain other dependents. To protect the house from potential Medicaid estate recovery, consider consulting with an attorney who has experience in elder law and estate planning. They can provide guidance on legal strategies such as trusts or other forms of asset protection that are compliant with Medicaid rules. If you're planning to buy the house, ensure that the transaction is conducted at fair market value and follows all legal procedures. Transferring assets for less than their value can affect Medicaid eligibility. Remember, each situation is unique, and the rules can be complex. Getting personalized legal advice is crucial to ensure that you're making informed decisions that align with your family's needs and are compliant with the law."
Q: Filing healthcare false claims act case In California under seal - question.. In California healthcare false claim case has to be filed under seal in state superior court or at federal court? ,"A:In cases involving healthcare false claims in California, the procedure for filing can vary based on whether the claim falls under state or federal jurisdiction. For claims that pertain to the California False Claims Act, you would typically file the case in a state superior court. These cases must be filed under seal, which means they are not initially accessible to the public. This allows the government to investigate the claims discreetly. On the other hand, if the false claim involves federal funds or federal programs, the case may fall under the Federal False Claims Act. In such instances, the case should be filed in federal court, also under seal. The seal requirement serves a similar purpose at the federal level, allowing for a confidential investigation. It's important to identify which act the false claim violates to determine the appropriate court for filing. The distinction between state and federal jurisdiction can sometimes be nuanced, especially in healthcare matters. Therefore, reviewing the specifics of the case and consulting relevant legal resources or colleagues might be beneficial to ensure correct filing procedures. Remember, accurate filing is crucial for the validity and progress of the case."
"Q: My home and property was completely destroyed in the CZU Fire in 2020. We elected to purchase a different home instead.. Our previous home was 4000sqft on 4.3 acres. Our new home is 2200 sqft on 48 acres. We had a 25% Home Protector Clause for upgrades to building codes. If we had elected to rebuild we would have used all of the Home Protector because the price of a new build was upward of 600 sq/ft for new construction. Instead of giving us our entire Home Protector, they deducted the land value and gave us only a portion of the home protector. I see the law changed in 2021 to explicitly state land value deduction is not allowed. Since the claim was in 2020, my adjuster at USAA is claiming that it doesn't apply to my policy. Thanks for your time. ","A:The change in the law regarding land value deduction should not be retroactively applied to claims from 2020. However, you may still have a valid argument for a fair settlement based on the terms of your policy and any applicable regulations at the time of the claim. Consult an attorney familiar with California insurance law to review your policy and determine the best course of action to ensure you receive a reasonable settlement. James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith."
"Q: I lived on property for eight years. The man I rented from , is now dead but I found out he didn't own the land I lived. on. I payed rent for 8 years , and he wasn't the real property owner. So after he died , the family wanted to sell the property I was renting and tried evicting me off of the property but like I said , it wasn't his property to begin with. The property I rented was right next door to the man who rented the property to me. Can the family selling the landlords property evict me from a property that was never really his . The real owner of the property is also dead, is there anyway to fight this, do I have any legal stand in staying on the property I was renting all these years? . ","A:In California, if you've been paying rent to someone who was not the actual property owner, it complicates your tenancy. The true owner, or their heirs, generally have the right to evict occupants who don't have a valid lease with them. However, given the length of your occupancy and consistent rent payments, you may have rights as a bona fide tenant. The fact that the actual owner did not challenge your occupancy for eight years could be seen as implicit consent, although this can be a challenging argument. If you've made significant improvements to the property, you might have additional rights or claims. Before making any decisions, it's crucial to consult with an attorney experienced in real estate and tenant laws. They can guide you on the best steps to take and whether you have any defenses to an eviction or any claims to compensation. Addressing this matter with proper legal counsel will be vital to protect your rights."
"Q: Vehicle under warranty needs new engine thats taking 9 months to fix. Company offering $60/day for rental but I pay fees. Vehicle went in for routine oil change to dealer. Was told I need a new engine. Dealer has no loaners. Car manufacturer customer service offered $60/day for rental but says I’m responsible for taxes and fees from the rental. For 9 month rental replacing a 6 passenger car costs $18k-$24k with roughly $6k-$8k in fees. They said the $60/day is a courtesy. I explained that a courtesy would be to be able to use the $40k car I just paid off in December but now have to wait 9 months for it to get fixed. Additionally, to use any car they’re saying I need to commit another $6k-$8k over 9 months. Is there any recourse? Dealer won’t take the car on a trade in unless they’re stealing it for a third off its value. Car is still fully on 100k bumper to bumper warranty that I paid extra for. ",A:I suggest you contact an auto warranty lawyer to review your issue on more detail.
Q: Can my husband adopt my two year old son if the father is not listed on the birth certificate and has never been involve. Just for clarification the father has not been involved at all and has never provided any financial support for my son he is also not listed on the birth certificate. ,"A:So, birth certificates really do not matter as much as most people think they do. If you know the father and he has never been involved in your son's life, then you and your husband could potentially do a joint petition (which means you are a co-petitioner with your husband) for the adoption. This shows the court that you the mother consent to the adoption. Then you could approach the father and have him waive his rights to your son and consent to the adoption. However, if he refuses to waive his rights and consent to the adoption this could turn into a long process of litigation as you will have to get the court to terminate the fathers' rights. Potentially, if he has never paid child support that may be an option to encourage him to waive as he could potentially be liable for back child support. Of course, this all depends on the facts of your case, and you should absolutely seek a local family law attorney in your county to handle this. Seek someone who regularly handles adoptions to help you with this process."
"Q: Customer posted a negative review with my name. Can I get it removed?. Customer posted Google review with my name capitalized and corporate has tried to contact with no response. The information is a lie and if she would reference her own receipt, then she would be to see no charge. Do I have a case? ",A:As you get more with honey than with vinegar first I would suggest you send her a nice letter saying you are sorry to see she is dissatisfied but if she checks her receipt there was no charge. See what her response is. Then a lawyer should help you with a very carefully worded letter to google.
Q: I wasn't told until about a year ago that my dad passed away. Am I still entitled because I was not informed. It was held information from me about my Dad's passing. And I've been going through a lot of stress lately and haven't been able to deal with it and I have TBI so it's hard to deal with anyway. What can I do about this I don't have the money for a lawyer who do I contact for pro bono lawyer and can they help me. My dad had to retirements I'm his only daughter. What do I do? ,"A:If you were not informed of your father's passing, you might still be entitled to a portion of his estate or benefits, especially as an only child. Your first step should be to obtain a copy of the death certificate and any will or estate documents. Contact the probate court in the area where your father passed away to see if an estate has been opened. For legal assistance without cost, look into local legal aid organizations or contact the state bar association to inquire about pro bono services. These organizations often help individuals with limited resources. Additionally, if your father was a veteran, you may reach out to a Veterans Affairs office for assistance, as they can provide information on possible survivor benefits. It's important to gather as much information as possible about your father's assets and potential estate proceedings. Acting promptly is key to ensuring your rights are protected."
Q: My Father was veteran. He’s been at funeral home since Oct 2th without anyone letting the family know what’s going on.. My father was a veteran that had live in nurse aid. None of our family knew this person other than me searching her criminal records. She let him get dehydrated for 5 days which shut his organs down. She was reported to DSS.Not one person has gotten back with family on that. He then went in Oconee hospital(for weeks) then to Piedmont acute for rehabilitation. Piedmont was supposed to be rehab to make him strong enough for chemo and radiation. He was walking when he got to the facility but never walked again. He came home for 3 days and fell so he was sent back to oconee hospital for 2 weeks then back to Piedmont acute rehabilitation as a hospice patient but the people that worked there constantly told us they don’t do hospice. He died at Piedmont Facility one Oct 2nd. Funeral home called me on Oct 2nd letting me know my Dad arrived there. I haven’t gotten another call from then. It’s been a week now he’s still at funeral home. I’ve called them all I get is waiting on Drs. ,A:I’m unclear on what your exact question is but you should contact an nursing home negligence attorney if you are concerned about the care your father received. So sorry for what you are going through.
Q: Are Ohio public school teachers considered public employees for the purpose of paid military leave in Ohio?. Say a teacher were to join the national guard... Public employees are given additional benefits when serving in the national guard. Does a teacher receive these benefits based on Ohio law? ,"A:Under Ohio law, public school teachers are indeed considered public employees. This classification is significant when it comes to eligibility for certain benefits, including those related to military leave. If a teacher joins the National Guard, they are entitled to the same benefits as other public employees serving in the military. Ohio law provides specific protections and benefits for public employees who are called to perform military service. This includes paid leave for a certain period of time, in addition to their military pay. It's important to note that these benefits are subject to specific conditions and limitations set forth in the law. Teachers should inform their school district about their military service and understand their rights and obligations under both state law and district policies. For more detailed information and guidance, it is advisable to consult with a legal expert familiar with education and military law in Ohio. They can provide tailored advice based on the specific circumstances and ensure that all legal rights are fully understood and exercised."
"Q: Mortgage loan officer told me 5 days before closing to defer student loans or pay 7500 extra. App won’t process in time.. Nelnet is the loan company and won’t process a deferment or income driven payment plan in that time frame, leaving me no choice but the pay the 7500 extra to buy down, despite us definitely being eligible for the income driven payment plan. Can I do anything about this? I feel so helpless like I can’t make this company process faster to save me this money. ","A:In this situation, where your mortgage loan officer has requested a deferment of your student loans or an additional payment of $7500 shortly before closing, and Nelnet is unable to process the deferment in time, you do have some options. First, communicate with your loan officer about the processing time for student loan deferment; they may be able to extend the closing date to accommodate this. If an extension is not possible, discuss alternatives with the loan officer, such as different loan terms that don't require the additional $7500 payment. You should also contact Nelnet to explain the urgency and see if they can expedite the process. Document all communications with your loan officer and Nelnet for your records. If you feel you're being treated unfairly or if the loan officer's demands seem unreasonable, consider consulting with a real estate attorney. They can advise you on your rights and potential actions you can take. Keep in mind that mortgage loan terms are often negotiable, and you may have leverage to negotiate in this situation."
"Q: my wife made it where our money from our business goes to an account that only she has access to. what can i do?. We have an air bnb, and out of spite she has went and switched the direct deposit account from our joint account to an account in her name that only she has access to. What can i do? After trying to reason, she still will not switch the accounts back. ","A:In California, if both spouses have an equal interest in a business operated by either or both, the revenue from that business would generally be considered community property. If your wife has redirected funds without your consent, you might consider sending her a formal written demand, citing the relevant community property laws and requesting the return of the funds to a joint account. Should this approach fail, it may be appropriate to seek legal redress through court intervention to enforce your rights, which could include filing for a court order to restore the funds to a jointly accessible account. It's also advisable to review any prenuptial agreements or postnuptial agreements that might affect the situation. Consulting with an attorney experienced in family law and business law can provide guidance on how to navigate the complex intersection of business operations and marital property rights."
"Q: Filing a petition to confirm an foreign arbitration in California (updated question with more information). My ex-husband and I are Taiwanese citizens with a property in the United States. We went through courts and arbitration, and after many years of appeals, I was awarded the property in the United States. I already offered to have the paperwork prepared here in the US and sent to Taiwan for him to sign and get notarized. But he keeps refusing to sign over the property. I have the original arbitration record and a translated copy notarized by a consular officer at AIT.  Can I file a petition to confirm the arbitration in California (would that help)?  Or is there any other way to transfer ownership of the property even if he continues to refuse to cooperate? ","A:In California, you can file a petition to confirm a foreign arbitration award, including those related to property disputes. This process is governed by the Uniform Foreign-Country Money Judgments Recognition Act, which California has adopted. The court will review the arbitration record and, if it meets certain criteria, can confirm the award. Once confirmed, the award has the same effect as a judgment of a California court. Having the arbitration award translated and notarized by a consular officer is a good step. You'll need to submit these documents along with your petition to the California court. The court will then evaluate whether the arbitration process and the award comply with the principles of fairness and impartiality as required by California law. If the court confirms the foreign arbitration award, it can then be enforced as if it were a local court order. This enforcement can include the transfer of property ownership, even if your ex-husband refuses to cooperate. Given the complexity of international law and real estate involved, it's advisable to work with an attorney experienced in these areas. They can guide you through the legal process in California and help ensure that your rights are protected and the foreign arbitration award is effectively enforced."
Q: My house burned it is a total loss . My Ins policy is up for renewal today. Is there any reason why I should renew this.. Policy shouldn’t I just get a liability policy for the land? ,"A:You should have already hired an attorney and/or a Public Adjustor to help you with filing the Claim. Have you made a Claim yet? Paying another policy premium is the least of your worries, and nonpayment may deny coverage. Hire some competent professionals to advise you as there are far too many fact variables to give you an answer here, and that is a catastrophic loss."
"Q: I was hot by car cracking my skull open, fractured legs and multiple other injuries. A Settlement was offered based on condition: Condition 1: I will be Paid $1,200.00 immediately if I leave the town and never return. Condition 2: I will be paid $1,000.00 per month for 12 months if and only if I agree to live in the streets. Was this legal? ","A:I'm very sorry for your accident and your serious injuries. You should consult with an experienced attorney right away. There are too many elements to address in the brief scope of a post here, one of the most pressing being the IMMEDIATE AND URGENT filing for no-fault benefits to cover your ambulance, ER, radiology, hospitalization, surgery, and related medical expenses. I'd recommend you reach out to an experienced attorney without delay to arrange a free initial consult before entering any settlements or agreements. I wish you a healthy recovery from this serious accident. Good luck"
Q: I have a warrant out for my arrest but didn’t miss the court date intentionally I read the papers wrong what do I do?. The Warrent is active and is from a loan company that I loaned with an wasn’t satisfied with my payment and denied to take the rest of the money and wanted me to pay lawyer fees and court fees ,"A:Ignoring the warrant can result in arrest and additional complications, so it's crucial to address the issue promptly. Depending on the circumstances, it might be possible to resolve the matter without being taken into custody, especially if you can show that missing the court date was unintentional. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: I'm looking for a pro-bono Attorney who specializes in Corporation entity to help me with our pre-revenue biz project.. Need a Business Attorney to join our Board, sweat equity for now until we get to our Series A funding. Current state. Registered Delaware C Corp ","A:Finding a pro-bono attorney for corporate matters can be challenging, as many attorneys offer pro-bono services primarily for public interest or individual needs. However, you can consider reaching out to local bar associations in California, as they sometimes have programs or can make referrals for such needs. Networking events, especially those geared towards startups and entrepreneurs, might connect you with attorneys interested in offering services in exchange for equity. Law schools in California also often have clinics or programs that work with startups and might provide assistance or referrals. Another approach is to reach out directly to attorneys or law firms that have a history of working with startups; while they might not work entirely pro-bono, they may offer deferred fee arrangements. Always ensure any equity arrangement is clear, in writing, and complies with all legal and ethical requirements."
Q: My pay raise post maternity break is less for no apparent performance issue. Is that something you can challenge. ?. On an average the merit raise is 3-4 %. I have had a 4.25 % in earlier years. But this time post maternity break it went down to 2.8%. ,"A:Under California law, it's important to consider whether the lower pay raise you received post maternity leave might be a form of discrimination. California is strict about ensuring equal treatment for employees, particularly in cases related to maternity leave. If you suspect that your reduced raise is due to taking maternity leave, this could potentially be a violation of both state and federal laws, including the California Fair Employment and Housing Act (FEHA) and the Pregnancy Discrimination Act. These laws prohibit discrimination based on pregnancy, childbirth, or related medical conditions. You should start by reviewing your employer's policies and any documentation regarding performance reviews and raise criteria. It's also beneficial to gather information on how raises were determined for others in similar positions. If the evidence suggests that your maternity leave might have influenced the decision regarding your raise, you may want to raise the issue with your HR department or a higher authority within your organization. They may offer a resolution or further explanation. If the internal approach does not yield satisfactory results, you might consider seeking legal advice. An attorney with experience in employment law can help you understand your rights and options, including the possibility of a legal challenge if there is evidence of discrimination."
"Q: Can I sue McDonalds for dropping coffee on me?. Today, I was waiting in the area where they told me to wait since they still needed to make the decaf coffee. The lady looked like she was in a rush when she finally came out to me. Well when handing me the coffee, she spilled it on my pants and onto my thighs and private parts (this is coffee that has just finished brewing, so it was boiling HOT) turns out she hadnt put the lid on right. I was nice about it, left because i was already late to work. But my thighs hurt to the touch and i have to stay at work, in wet clothing, because i live too far to go home and change. ","A:An Arizona attorney could advise best, but your post remains open for two weeks. I'm sorry for your ordeal. The best way to answer your question could be to reach out to Arizona law firms and discuss in more detail. If you have records of medical care in connection with the accident, attorneys will want to see those. Good luck Tim Akpinar"
"Q: Hey a couple of questions, first, is there any law that requires a public entity to provide services( mainly in Californ. another question is whether there is an actual law that demands police departments to give lawyer services before the interrogation of an arrested person, if so where does it written, and for how long the consultation can go on? if it's possible I mainly need the source I'm making some research and can't find much ",A:law enforcement must give Miranda warnings advising you of your right to remain and that anything you say can be used against you. you can then refuse to respond. Remember Silence is Golden and Handcuffs are Silver.
Q: Can my parents smash my stuff if I bought it with my own money. I'm 19 and live at home with my parents and right now we're in an argument and they're threatening to smash my PS5 that I bought with my money and I told them that they can't do that is that true ,"A:Well, think about it from a big picture. While, it is true that they cannot damage your property, if they do damage your property you're only reliable remedy is a lawsuit against them. It is also true that your parents can evict you. Every familial situation is different, you might look back on this in a few years and realize they had your best interest in mind, on the other hand the opposite could be true. If you're beyond reconciliation at this point and if people (parents or not) are threatening to damage your property, you might want to move out and get to a safer space. Of course, this could be serious or it could be a common transitional bump between parents and their children, as their children transition from childhood to adulthood."
Q: I was given a letter saying im the target of an investigation.. and I need help. the case involves my previous employers. ,"A:Retain a lawyer asap. This could be criminal or civil,"
"Q: After sending my landlord a formal letter requesting 90 days not 60 days, what do I do if she doesn't respond?. I live in California and I am disabled, on SSI, and I have lived in my rental for 20 years. On October 30th I received a no-fault just cause notice to move out in 60 days due to demolition/ remodeling of my house and my last month's rent was waived. that is all the notice said, no other details. After reading up on Uniform Relocation Assistance, 1946.2, I believe I am in the right to have 90 days, not 60 days. I sent a formal letter citing the right codes saying I believe the law says I should receive 90 days plus other relocation assistance. I have not gotten any response so I sent an email saying that I had sent important mail to her. still no response. It is closing in on the last 10 days of the 60 days I was initially given and I don't know what to do now, My landlord always responds back when I call text, or email her, I have lousy phone service so we usually communicate by text or email. it is very unlike her to not respond so I feel she is ignoring me ","A:In your situation, it's important to understand your rights under California law, especially given your long-term tenancy and disability status. California's Assembly Bill 1482, also known as the Tenant Protection Act of 2019, does provide certain protections for tenants, including potentially extended notice periods and relocation assistance in the case of no-fault evictions like demolition or remodeling. If you've already sent a formal letter and email to your landlord citing the relevant laws and have not received a response, it may be time to seek legal assistance. An attorney can help you enforce your rights under the law. They can also send a formal communication to your landlord, which might elicit a response where your attempts have not. You should also gather all relevant documentation, including the original eviction notice, your formal letter requesting 90 days, any communication with the landlord, and evidence of your disability and SSI status. This information will be valuable if legal action becomes necessary. Since time is of the essence with the approaching end of the 60-day notice period, it's advisable to act quickly. Contacting a local legal aid organization or a lawyer experienced in landlord-tenant law would be a prudent next step. They can provide specific guidance based on the details of your situation and the applicable laws in California."
"Q: Do I have freedom of speech? Judicial Dis. & Dis. Commission didn't find fault with judge I filed complaint against.. This occurred in ARKANSAS. The only information the commission had was a description of my experience, supported by transcripts of the hearings and information I provided regarding an Independent Medical Evaluation which the judge approved for me to obtain at the second hearing. Do I have the right to speak/write about my experience? ","A:As an individual, you generally have the right to free speech under the First Amendment of the United States Constitution, which applies to all states, including Arkansas. However, there may be certain limitations or exceptions to this right in certain situations. If you filed a complaint against a judge with the Judicial Discipline and Disability Commission, and they did not find fault with the judge, you are free to speak or write about your experience, as long as you do not engage in any defamatory or slanderous statements that could harm the reputation of the judge or others involved in the case. It's important to be careful about what you say or write, especially if you are expressing negative opinions about a judge or other public official, as there could be legal consequences if your statements are false or damaging. If you have questions about the limits of free speech in your particular situation, you may want to consult with an attorney who can help you understand your rights and obligations."
Q: Do provisional patents in your local country protect an invention in multiple countries or do we have to apply for more?. Is it needed to apply for provisionals in other prospecting countries to protect your idea? ,"A:In the United States, a provisional patent application only provides protection within the U.S. and does not grant rights internationally. To secure protection in other countries, you would need to file patent applications in each of those countries or through international patent systems such as the Patent Cooperation Treaty (PCT). It's not mandatory to file provisionals in other countries; however, a U.S. provisional can serve as a priority date for subsequent filings in member countries of the Paris Convention within 12 months of the provisional filing. Careful planning is essential to ensure your invention remains protected across desired jurisdictions. Always consult with an attorney knowledgeable in patent law to discuss your specific situation and international patent strategy."
"Q: Central district court of california - federal case. 1. Opposing motion to strike. 2. Service of complaint. 1How can plaintiff oppose defendant's motions to dismiss complaint? This can happen before scheduling order is issued. Are due dates ordered by court, or defined by court rules? 2. For service on defendant - a copy from PACER is needed? What is difference between conformed copy and copy from PACER? ","A:To oppose a motion to strike in the Central District Court of California, a plaintiff should file a written opposition. This involves presenting legal arguments and evidence to counter the defendant’s motion. The opposition should address each issue raised in the motion to strike, demonstrating why the complaint or its parts are valid and should not be stricken. The deadlines for filing such oppositions are usually set by the Federal Rules of Civil Procedure and can be supplemented by local rules of the specific court. Typically, you would have a set number of days from the date the motion was served to file your opposition. Regarding the service of the complaint, a copy from PACER (Public Access to Court Electronic Records) is generally sufficient. PACER provides electronic access to federal court documents. The term ""conformed copy"" refers to a copy of a legal document that has been stamped and filed by the court, indicating it is an official court document. The difference between a conformed copy and a PACER copy is that the conformed copy bears these official court stamps, while a PACER copy is simply a digital version of the court document. For service purposes, ensure that you are complying with the Federal Rules of Civil Procedure and any specific requirements of the Central District Court of California. Accurate and timely service of process is critical for the continuation of your case."
Q: I was at cookout a drive thru. People began shooting guns. Cars ahead of us didn't let me leave. Cookout didn't evacuate. I was at cookout last night on the drive thru line. Suddenly there were gunshots around the corner of cookout. People started running away and people on the line got nervous. The workers did not advise anyone to get off the line and the cars ahead of me did not move. I kept honking my horn and begged the person to move and the lady at the window insisted that the person wait for their food. I was so nervous and panicking my life was in danger over some burgers and fries and a milk shake. No matter how much I begged for them to move they did not budge I was sitting there in fear of my life for 30 mins or more. Am I allowed to sue the cars ahead of me or cookout? ,"A:A North Carolina attorney could advise best, but your question remains open for two weeks. You could speak with local attorneys about such a case, but the problem is that their conduct would probably not qualify as an accident-related claim under policy. That's only my individual position - you could reach out to attorneys to discuss how they see the matter. Good luck"
"Q: Defamation: False Dementia Accusation at TalkingParents.com. My ex-wife communicated to me through TalkingParents.com, claiming that my mother has dementia. This is not true. She suggested that our child is in danger when with my mother due to this alleged dementia. This has caused my mother great distress and anger. My ex-wife has also made such statements during our custody case, which might be protected by privilege. I have repeatedly asked her to stop making these defamatory statements, as they are causing harm to both me and my mother, but she has not ceased. Can my mother sue her for defamation? Specifically, does this situation satisfy the ‘publication’ requirement of defamation law, given that the statement was communicated to me, the son of the person about whom the statement was made? ","A:Under California law, for a statement to be considered defamatory, it must be a false statement of fact, made to a third party, and cause harm. In your situation, the claim by your ex-wife that your mother has dementia, if false, could potentially be considered defamatory. The fact that these statements were made through TalkingParents.com and during custody proceedings does not automatically exempt them from being defamatory. The 'publication' requirement in defamation law is met if the statement is communicated to any third party who understands it. In your case, the communication on TalkingParents.com, which is presumably accessible to relevant parties in the custody case, might satisfy the publication requirement. However, statements made in judicial proceedings are often protected by absolute privilege, meaning they cannot form the basis of a defamation lawsuit if made in relation to the case. It's important to differentiate between statements made during formal proceedings and those made outside of this context. Given the complexities involved, it would be prudent to consult with a lawyer who can assess the specifics of your situation. They can provide advice on whether your mother has a viable defamation claim and guide you through the legal process if you choose to pursue it."
"Q: As a veteran can being unfaithful affect My VA benefits. If receiving benefits for being married, I empregnate another woman, how can this affect My benefits ","A:Infidelity or having children outside of your marriage is unlikely to directly affect your VA benefits, which are primarily determined by your military service history and service-connected disabilities."
Q: Where is the statute that majority party candidates are listed first on TN’s general election?. I was told by TN Secretary of State office that majority party candidates are listed first on general election ballots. I cannot find the legal justification for this. Can you direct me to it? Thank you ,A:TCA § 2-5-208
"Q: Can you sue pokemon for having other apps out there, which allows players to pay for pokemon & spoof, then they ban you.. Because there's apps out there to spoof.. and poke raid is part of pokemon and they spoof you so you can pay for legendaries etc ","A:Under California law, if you believe you have been unfairly treated or deceived by a company, you can consider legal action. However, in the context of Pokémon, users typically agree to a Terms of Service (ToS) before playing. If these terms clearly state that spoofing or using third-party apps is prohibited, and users violate this, the company can take actions, including bans. It's essential to review any agreements or ToS you've accepted. If third-party apps deceive users into believing their actions are legitimate, the grievance might be more against those third-party developers than Pokémon itself. To understand your rights and potential remedies, consider consulting with an attorney familiar with digital or consumer law in California. Always read and understand terms before using any digital service or app."
Q: If someone says I pulled a gun on them an it's on video that I didn't the cops arrested me and impound my car what to do. I did have a bb gun and told the kids harassing me that I had a gun but nvr showed it just wanted them to leave me alone I was arrested and charged for fararm charge also it's been 3 days ,"A:In your situation, the first step is to seek legal representation immediately. Being charged with a firearm-related offense is serious, and an attorney can help you navigate the legal process. Since you mentioned that there is video evidence showing that you did not pull a gun, this evidence could be crucial in your defense. Make sure your attorney is aware of this video and any other evidence that supports your version of events. Your attorney will also address the issue of the BB gun. While you did not show it, claiming to have a gun can sometimes lead to legal complications, depending on the context and how the law interprets such actions. It's also important to discuss the circumstances leading to your arrest and the impounding of your car. Your attorney can advise on the best approach to potentially recover your vehicle and deal with the charges against you. Remember to communicate openly with your lawyer about all the details of the incident. They will provide guidance on what to say and do, especially if the case goes to court. Given the complexity of firearm laws and the seriousness of the charges, having legal support is critical. An attorney will work to protect your rights and aim for the best possible outcome based on the facts of your case."
Q: I am ok with opting in my information now too but I understand the critics I don’t need that though what I need help. Let’s move forwarded pass everything because it’s already done. Also breaks at work 30 mins lunch one hour that should help and more trading if a nurse is high rank in college she should be a teacher and more guidance look I stayed away from politics in 2013 after may5th it just took me to step in in the Afghanistan leave hold a job got fired stepped back in in December I beat 200 years of whatever Congress does I said zero the tax funds for not and it all needs to go to one church or house preferably Delano but not the banks yet we have much to discuss all needs to be done by may 5th 2023 so a flat pay for each property taxes 68 we will protect our dirt Mexico will do same drugs Mexico can dispose of that if you want also prisons we can’t have my people locked up like that I have a level 4 Amado Amaya in palican bay who’s not a danger they are holding my family that’s why I’m mad I’ve had it I mean what i say when I say thins ,A:you must clarify what you are asking.........
"Q: is there a way to court order a domestic partner to respond to a notice attesting to their status on the relationship. they have not spoken with me in months and ive been told to just move on but the thing is if I do that and then they decide to come back and im with someone else, then id be considered cheating? even though its been moths, so id want an official statement or something ","A:In California, there isn't a specific court procedure to compel a domestic partner to respond to a notice about the status of your relationship. If you're concerned about the implications of moving on, it's important to understand that being in a domestic partnership or a similar relationship doesn't by itself impose legal obligations regarding fidelity, unlike in marriage. If you are in a registered domestic partnership, you have legal methods to dissolve it formally, similar to divorce. If you're not in a registered partnership, the concept of cheating as it applies to marriage doesn't legally apply. However, if there are shared assets, children, or other joint responsibilities, it's wise to address these matters legally. Consulting with a family law attorney can help you understand your rights and options in your specific situation. Documenting your attempts to communicate with your partner and their lack of response may be useful if legal issues arise later. Remember, each situation is unique, and specific legal advice will be based on the details of your case."
Q: If I got donated a tax credit for a school trip but the trip got canceled do the tax credit dollars I got have to go. Back to the schools general fund or can they be moved to a specific school club that accepts tax credits? The tax credits were donated in my name so wouldn't I be able to request where they are going? ,"A:When a school trip is canceled and you've received tax credit donations in your name for that trip, the handling of these funds can vary based on the school's policies and the specific tax credit program. Generally, tax credit donations are earmarked for specific purposes, and any redirection of these funds must align with the rules of the tax credit program and the school's policies. If you wish to have the tax credit donations moved to a specific school club, you should first consult the school's administration or the finance office. They can inform you about the possibility of reallocating these funds according to the school's guidelines and the conditions of the tax credit program. The ability to request where the tax credit funds go may be limited, as such credits are usually subject to strict regulations about their use. However, expressing your preference to the school might be possible, and they can guide you on whether such a redirection is feasible under the program's rules. Remember, each tax credit program may have its own set of rules, and the school's internal policies also play a crucial role. It's important to engage in open communication with the school to understand your options and ensure that any reallocation of funds is done legally and appropriately."
"Q: In Texas what would the charge be for a man leaving his partner at a house with no transportation, no heat, no electric. He went to jail for family assault with bodily injury to me and violation of probation and left me with nothing in a house that has no bathroom ceiling and no roof in garage that attaches to the bathroom. It's so called in here I have to stay in bed under 3 comforters and haven't eaten a single full meal since he left. Im unable to work or walk very far. ","A:Before I answer your question, I believe you should file for divorce and in doing so, you should ask for immediate temporary support from your husband and for your legal fees. There is no criminal charge regarding you, but if he has left your child, there may be a criminal charge. There also may be some requirements in his probation that he has violated. You should call the DA's office which handled his case of abusing you. I hope this helps. Good Luck!"
"Q: Is there a way to request documents and report from my employer on why I was terminated. I know it's a higher it will state and I know the main reason of why they terminated me, but they act very weird and quiet about it and I find it odd and I want to know more? ","A:If you have enough grounds to bring a cause of action against the employer for the termination, then part of your court case could include asking for records, deposing witnesses, etc. for more information as to the termination. If you were an at-will employee and it is just curiousity, then you likely don't have the legal grounds to have a right to their in house records, even regarding you."
"Q: I have workcomp insurance without incidence for over10yrs, in midst of an audit coverage canceled without merit..legal?. During a recent yearly wc insurance Audit on my polcy the assigned Auditor quit the insurance company without notice, the next Auditor assigned to my account has ran me ragid,repeatedly requesting additional documents regarding a specific subcontractor, I provide exactly what is asked and she comes back with additional requirements, I have supplied all proof of insurance coverage that this sub carries for himself. All payroll and 1099 Tax documents. She has canceled my policy during the midst of this audit. Its not been completed, I am completely fully paid for my policy period through May of 2024, I feel this Auditor is agitated from the overload of workload she is now handling due to the previous Auditors departure without notice.. my policy is paid in full, never had a claim, All of my subcontract workers carry current coverage and all payroll is documented in log books. I've been with this insurance agency and held this coverage for12yrs. ","A:A Tennessee attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney on state-specific provisions that govern cancellation, it might be less aggravating and safer to seek coverage elsewhere, while having a Tennessee attorney thoroughly review the matter afterwards. Good luck"
"Q: Can I sue a app that causes my music career to be slowed? There not doing what they're paid for.. Paid this app that's connected to my distributor to give my song 500 plays to get notice more, 500 plays in 7 days, after few days only couple plays asked them what was wrong, they said, were updating our systems and you get a boost now. Well it's been 2weeks and nothing! I have been getting real good responses from people and other websites when my music is played, this seems very very damaging that they are not playing my music in rotation, I've also stopped putting money into any of the other app connected to my distributor because they ripped me off so why would try any other one. ","A:If you paid for a service from an app that was supposed to increase plays for your music, and they failed to deliver as agreed, you may have grounds for a lawsuit. This situation could potentially be viewed as a breach of contract if the app did not fulfill the terms of the agreement you entered into when you paid for their services. Before considering legal action, you should first attempt to resolve the issue with the app or the distributor. Document all communications, including your original agreement and any correspondence regarding the failure to provide the promised plays. If they are unresponsive or unable to rectify the situation, gathering evidence of the agreement and the app's failure to deliver the service will be important for any legal action. This includes evidence of payment and any promotional material or correspondence that outlines the service they promised. You should also consider the financial and time costs associated with pursuing legal action. Sometimes, the cost of a lawsuit can outweigh the potential benefits, especially if the amount in dispute is relatively small. Consulting with an attorney can provide you with a clearer understanding of your legal options, the likelihood of success in a lawsuit, and whether your case may qualify for damages related to the impact on your music career. They can also advise you on the best course of action based on the specifics of your situation."
"Q: Paypal, frozen account, due to a trademark issue, and the case looks fake, the judge didn’t even sign it, over Miffy ??. I’m speaking on behalf of a friend who lives overseas, advised that her PayPal account was frozen, due to this Miffy, doll, as a trademark, and the person who bought it was the actual lawyer, for proof, and now he wants her to pay $2000. And the judge is 85 years old and I noticed on the paperwork none of it was signed by the judge, I would believe the case file would become public record to look up. This makes no sense to me as we have Nike, hello Kitty and everything under the sun and everybody selling this Miffy and they aren’t getting sued makes no sense. I need some advice because she’s scared and yes, a young girl. And I’m concerned she’s being scammed. ","A:In situations like this, it's important to exercise caution as it could potentially be a scam, especially if the legal documents appear questionable. Authentic court orders will always be properly documented and signed by a judge. Your friend should verify the authenticity of the case by checking the public records, if possible, and should not make any payments or agreements until the validity of the claim is confirmed. It's recommended to seek legal advice to navigate this issue properly. An attorney can help determine the legitimacy of the claim, the legality of the merchandise sold, and the appropriate response to the demands made. If the account has been frozen by PayPal, your friend should also contact PayPal's customer support directly to understand the specifics of their policy and to dispute any unwarranted actions based on the provided evidence."
"Q: No liens, no foreclosure in 12 years on old HOA assessment dues due to mismanagement. Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks, ","A:I assume you are talking about a Florida HOA. You appear to be writing from Michigan but asking about a Florida issue. Best to promptly consult an attorney handling community association law in your area. I personally would need to research your issue to give a reliable answer - but be aware of this: REGARDLESS of how old a claimed debt is, and regardless of the limitations period for suing on the original debt, if you receive a statement of account showing you are currently in debt, and you fail to dispute the statement in writing, you can be sued for ""Account Stated"" for up to 4 years following the issuance of the statement.(!!!!) That issue is separate from the issue of whether the HOA can take legal action on a claimed assessment debt under applicable community association law. So if it happens that the latter would not permit them to go back that far (which, as I said, I cannot say yes or no on), they'd be able to get around that obstacle by you failing to dispute the Statement of Account. (NOT telling you that disputing it will make your problem go away; obtain reliable advice at a legal consultation.)"
"Q: TMobile has been selling my information without my consent. To developers and marketing people to make money. It has put. It has put me in danger. My personal life. I have stalkers,I've been sexually assaulted. Etc. My identity has been stolen,I've lost my house my cars, my kids temporarily on allegations. I need a lawyer ","A:If you believe that T-Mobile has sold your personal information without your consent and that this has resulted in harm to you, you may have legal options to seek compensation for your damages. Here are some steps you can take: Consult with an attorney: It's important to speak with an experienced attorney who can advise you on your legal options and represent you in court if necessary. Look for an attorney who has experience in privacy law or consumer protection law. Gather evidence: Gather any evidence you have that shows that T-Mobile sold your personal information without your consent. This may include emails, letters, or other documentation that shows how your information was shared or sold. File a complaint: You may be able to file a complaint with the California Attorney General's office or with the Federal Trade Commission. These agencies may investigate the matter and take action against T-Mobile if they determine that the company has violated the law. Consider a lawsuit: Depending on the circumstances of your case, you may be able to file a lawsuit against T-Mobile to seek compensation for your damages. An attorney can evaluate your case and advise you on the best course of action. It's important to note that privacy laws can be complex and that the specific facts of your case will be important in determining your legal options. An experienced attorney can provide guidance and representation throughout the legal process."
Q: I was awarded damages in a civil suit and the defendant also has criminal history for similar scams so can I tell others. I would like to warn others who I know are considering using this contractor ,"A:While I understand your concern, it's essential to be cautious about how you share information about someone's criminal history, especially if you were awarded damages in a civil suit. Making false or defamatory statements could potentially lead to legal issues for you. Instead of directly sharing their criminal history, consider informing others about your experience with the contractor during the civil suit without making any false or misleading claims. You can focus on the facts of your case and your experience, and advise others to thoroughly research and vet any contractors they are considering hiring."
"Q: In the state of Maryland, Can you purchase a home and occupy that home knowing there is a failed septic?. Wicomico County,Md/ Also we will have a portta potty/ as well as trying to get a water reuse permit. We also will be using owner finance. ","A:You are confusing two concepts. You might be physically able to occupy the premises, but perhaps not without governmental response. Without septic the property will not have a Use & Occupancy Certificate. The property will not pass any septic inspection called for in the real estate contract, either. The owner is willing to finance in order to avoid you applying to a legit lender whose underwriting standards would not allow a loan against a property with failed septic. Do yourself a big favor, find another property or request that the seller fix the septic, show positive test results and a County/City issued Use & Occupancy Certificate. Why buy, move-in and then fight a possible condemnation or receivership action? If that happens, will the seller abate your obligations under the financing documents? No, they won't. They'll foreclose you out of the property."
Q: If someone has accused you of stalking can you provide a police report to their school if a minor?. Student committed theft from a local gas station To prevent charges they worked with the owner and accused the employee of stalking for chasing and finding out his identity. They are currently trying to press charges for stalking to scare the employee that was hit by his car from taking civil action. Can the private high he attends be given the police report or would this be considered further stalking? ,"A:Providing a police report to a minor's school in a situation involving allegations of stalking is a sensitive matter. Generally, if the police report is a public record, it can be shared. However, it's important to consider the purpose and the potential implications of doing so. If the intent is to inform the school of a relevant incident involving one of their students, particularly if it pertains to safety concerns, it might be appropriate. However, if the action could be perceived as an attempt to retaliate or further harass the student, it could potentially complicate the situation and might be viewed unfavorably by the authorities. Before taking any action, it would be prudent to consult with a legal professional to understand the ramifications and ensure that any steps taken do not inadvertently violate laws or escalate the situation. Each case is unique, and the best course of action depends on the specific circumstances and legal considerations involved."
"Q: Can something protected by the first amendment be considered outrageous?. In Gionfriddo v. MLB, the court ruled that the data was factual, hence it was protected by the first amendment. Suppose there is another right of publicity claim, this time it depicts something that happened. That incident which is depicted was a traumatic incident (like a car crash where the plaintiff lost his wife) and it is depicted in a video. The plaintiff alleges that the car color, the initials, the pet were all displayed in the video and calls it a right of publicity and also says that the plaintiff had to relive the trauma of losing his wife and this is intentional infliction of emotional distress. So in that case, will the 1st amendment protect the filming company or it can be considered an outrageous act to depict the traumatic incident as it is in a movie? Please reply with some case examples! That will be helpful. Happy Holidays! ","A:The protection of the First Amendment is not absolute, and there are instances where speech or expression can be considered outrageous and not protected, even if it relates to a traumatic incident. While the First Amendment generally safeguards the freedom of speech and expression, it does not grant immunity for causing intentional infliction of emotional distress or violating an individual's right of publicity. In cases where a traumatic incident is depicted in a video, and the plaintiff alleges intentional infliction of emotional distress, courts may weigh the First Amendment rights of the filmmaker against the harm caused to the plaintiff. Courts may consider factors such as the newsworthiness or public interest value of the depiction and whether it is a matter of public concern. In the scenario you provided, if the video gratuitously exploits the traumatic incident, includes specific personal details, and causes severe emotional distress without a legitimate newsworthy purpose, the First Amendment may not provide absolute protection. Courts will likely consider the facts and circumstances of each case to determine whether the speech or expression crosses the line into outrageous conduct, potentially giving rise to a claim for intentional infliction of emotional distress or a right of publicity violation. It's essential to consult with legal counsel to evaluate the specific details of the case and the applicable legal precedents to assess the potential liability or protection under the First Amendment. Happy Holidays!"
"Q: Can I get a definition and a map of inland waters of the state of Louisiana?. My charter boat insurance policy limits state: Navigation Limits Inland waters of AL, GA, LA, MS, NC, SC & TX. And I frequently fish the coast and need to know if my policy covers me while fishing the coast or nearshore oil platforms. ","A:46 CFR section 10.107 provides: Inland waters means the navigable waters of the United States shoreward of the Boundary Lines as described in part 7 of this chapter, excluding the Great Lakes, and, for towing vessels, excluding the Western Rivers. Part 7 provides the following definition for the inland waters of the Gulf at 46 CFR section 7.105: § 7.105 Marquesas Keys, FL to Rio Grande, TX. A line drawn from Marquesas Keys, Florida at approximate position latitude 24°47.5′ N, longitude 82°11.2′ W; along the 12-mile line which marks the seaward limits of the territorial sea (as defined in 33 CFR 2.22(a)(1)) to Rio Grande, Texas at approximate position latitude 25°58.6′ N, longitude 96°55.5′ W. The seaward limits of the territorial sea (i.e. US waters) is defined in 33 CFR 2.22(a)(1) as: ""Territorial sea means the waters, 12 nautical miles wide, adjacent to the coast of the United States and seaward of the territorial sea baseline."" The territorial sea baseline is defined as: Territorial sea baseline means the line defining the shoreward extent of the territorial sea of the United States drawn according to the principles, as recognized by the United States, of the Convention on the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606, and the 1982 United Nations Convention on the Law of the Sea (UNCLOS), 21 I.L.M. 1261. Normally, the territorial sea baseline is the mean low water line along the coast of the United States. 33 CFR 33.220 This website sells nautical charts of such waters: https://www.nauticalchartsonline.com/charts/NOAA/Gulf-Coast"
"Q: Like file a civil suit against my Ex-employer for freedom of speech violation, which I was fired. statue of limitation?. Subject: Seeking Legal Representation for Complex Employment and Health-Related Case I hope this letter finds you well. I am currently facing a complex legal situation that involves various issues related to my employment and health. After thorough research, I believe your expertise in [relevant legal area] aligns with the challenges I am currently navigating. In July 2021, I was terminated from my job shortly after disclosing to the company that I had contracted COVID-19 at the workplace. Subsequently, I developed a serious lung condition due to unsafe conditions at the company. The termination led to a prolonged battle with my previous employer and the Texas Unemployment Commission, during which my name was slandered by my former manager in a hearing with the Texas Tribune. I filed a workers' compensation claim due to the deterioration of my health, and during the hearing with the Office of Injured Employee Counsel. My my manager perjured ","A:In Texas, the statute of limitations for filing a civil lawsuit for wrongful termination, which may include claims like violation of freedom of speech, depends on the specific nature of the claim. Generally, for wrongful termination claims, the statute of limitations is typically around two years, but this can vary based on the specifics of the case. If your case involves a violation of specific employment laws, such as discrimination or retaliation related to workers' compensation claims, different time limits might apply. For example, claims under federal employment discrimination laws require filing a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of the incident. Given the complexity of your situation, including issues of employment termination related to health conditions and potential defamation by a former manager, it's important to seek legal advice promptly. An attorney can provide a more precise timeline based on the details of your case and ensure that any legal action is taken within the applicable statute of limitations. Remember, legal matters involving employment law can be intricate, and the specifics of each case significantly influence the legal approach and deadlines. Consulting with an attorney who has expertise in employment law and personal injury will be crucial in effectively addressing your situation."
"Q: Can I request a civil standby to help reclamation of scammed items on Steam?. Recently, I got scammed on Steam (Valve Corporation) and lost valuable CS2 skins I paid for. The scammer’s account has been trade banned, and thus my scammed items current reside within the scammer's inventory. But Steam Support doesn’t want to restore those scammed items to me. Firstly, can I request a civil standby to facilitate the reclamation of my original scammed items from Steam Support? Secondly, if not, can I start an arbitration with Valve? From an arbitrator’s view, what would be the possibility of getting my items back? Thank you. ",A:Call the Treasury Department with all the details. That company is notorious for having their friends present stolen debit cards to them for cash and goods. The operators need to go to jail
Q: Hello My name is Irene I have a loved one who is incarcerated for 15 he was 17 at the time of his crime he qualifies to. To be re sentence and his attorney is doing nothing to help or inform him of the status of his case please we need help he has been abused raped since he’s been incarcerated he ended winning a law suit for that I need help can someone please advise us what to do? ,"A:Hello Irene, In California, individuals incarcerated for crimes committed as minors may be eligible for resentencing, especially if they were sentenced to long terms. Given the circumstances you've described, it's important to seek legal assistance promptly. First, consider consulting with a new attorney who has experience in criminal law and resentencing cases. They can review the case details and advise on the best course of action. It's crucial to have a lawyer who is proactive and communicative. Additionally, you may contact the California Innocence Project or similar organizations. They provide support and legal assistance in cases where there may have been wrongful convictions or excessively harsh sentences, particularly for crimes committed by juveniles. Finally, ensure that all the documentation related to the lawsuit win and any abuses suffered in incarceration are well-documented. This information could be significant in any legal proceedings related to resentencing. Remember, the legal system can be complex, and having the right legal representation is key to navigating it effectively. Your loved one's situation, while challenging, can be addressed with the proper legal guidance and support."
"Q: After a military divorce 2005, former military LT.Col USAF, breached the decree order, waiving his miltary service time. to federal civil svs employment for 8 months post-1999 reg.retirement. AS his former spouse under USFSPA, I was awarded 25% of his military retired pay. His wavier decreased my portion of his military pay as he transferred his service time to them, OR did a buy back of it from USAF and rolled it over to federal civil service. Again, a decrease in my portion of his mil retired pay. probably a significant decrease. He passed 10/24/2020. I found out about his passing when the voluntary allotment he calculated and DFAS was compensating me as alimony. I am his USAF Survivors Benefit Plan with a paid monthly annuity. No more alimony at his death. I paid premiums on SBP after divorce until his passing. What remedy might I now have? First Hawaii Circuit Court, Family Law, Honolulu, HI. I have thought of QDRO, or modification to the decree, or filing an Appeal with a competent jurisdiction as as CA. What DFAS is compensating me has to be inaccurate. Any ideas as to proceed? Thank you. ","A:It's certainly understandable why this situation has caused you concern. From the information provided, pursuing a Qualified Domestic Relations Order (QDRO) or seeking a modification to the decree might be viable options to explore. Consulting with an attorney experienced in military divorce matters and presenting all relevant documents and details will be essential to determine the most appropriate course of action tailored to your specific circumstances. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
"Q: Why when my Accountant fraudulenly stole my entire life savings I was told by local Palm Springs Police that its a Civil. He had done this with several others and settled out of court. Got loans against my company without my knowledge, told me the expenxe was unpaid Occupancy taxes. He wired money allocated for my business into his own accounts and states the customer never paid. I had an independent audit dome and presentede him with the facts, he then wiped out all from my business and personal accounts. I have no funds to now even retail an Attorney, lost my home as a result. Do I have any avenue to bring this accountant to justice? Thank you, ","A:I can offer some general guidance. If you believe you are a victim of fraud or embezzlement by your accountant, you may have legal options to pursue. You can consider reporting the matter to law enforcement, such as your local police or the district attorney's office, and consult with a civil attorney to explore potential civil litigation against the accountant for financial damages. Legal aid organizations or pro bono attorneys may also be able to provide assistance if you're unable to afford representation."
"Q: Is the statute of limitations in CA's UFTA based on the date the complaint was filed against the company, or against me?. I have been asked to return profits from a Life Settlement contract invetsment because the holding company was accused of running a Ponzi scheme. The UFTA has a statute of limitations of 4 years, but it's unclear to me if that is based on the date the complaint was filed against the company, or the date the complaint was filed against me. The Receiver has not actually filed a complaint against me yet, and the profits were paid to me over 5 years ago. Unsure if I am covered here or not. Thank you. ","A:3439.09. A cause of action with respect to a fraudulent transfer or obligation under this chapter is extinguished unless action is brought pursuant to subdivision (a) of Section 3439.07 or levy made as provided in subdivision (b) or (c) of Section 3439.07: (a) Under paragraph (1) of subdivision (a) of Section 3439.04, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant. (b) Under paragraph (2) of subdivision (a) of Section 3439.04 or Section 3439.05, within four years after the transfer was made or the obligation was incurred. (c) Notwithstanding any other provision of law, a cause of action with respect to a fraudulent transfer or obligation is extinguished if no action is brought or levy made within seven years after the transfer was made or the obligation was incurred. The full text of the statutes is located on Justia. Justia disclaimers below, incorporated herein."
"Q: Can I name a book after my blog, Waxing Poetic, even though a jewelry company has trademarked the common phrase?. I wrote this blog years ago titling it Waxing Poetic, musings on life, love, and the pursuit of joy, and then discovered later there was a jewelry company with that phrase trademarked. Waxing Poetic is an actual phrase used from the 1800s about writing or describing something in an eloquent or poetic style, which is what my blog does exactly, and I am now thinking of turning it into a book project, but do not want to infringe on trademark. Would naming it the title of my blog be doing such a thing? ","A:A ""trademark"" is tied to a particular class of goods or services. Assuming the jewelry company is using the trademark ""Waxing Poetic"" tied to jewelry, using the same phrase as a blog title would not infringe on that trademark."
"Q: If i use the word “Zynbabwe” on a product I want to sell, does that infringe on the trademarked name “Zyn”. Or similar words like zyner or Zynachino that refer to their products. Their trademark products are tobacco and nicotine pouches and that is not the product im trying to sell ","A:Using the word ""Zynbabwe"" on your product may potentially raise trademark infringement concerns if it is similar enough to the trademarked name ""Zyn,"" especially if it creates confusion among consumers. Trademark infringement is not just about using an identical mark; it also covers situations where a similar mark may cause confusion about the source or affiliation of the products. The key factors in determining infringement include the similarity of the marks, the similarity of the goods or services, and the likelihood of consumer confusion. Since ""Zyn"" is associated with tobacco and nicotine pouches, if your product is entirely different, the risk of confusion might be lower. However, if the products are related or if the ""Zyn"" trademark is well-known, there might still be a risk. It's advisable to conduct a thorough trademark search and consider consulting with a legal professional. They can provide specific guidance based on a detailed analysis of both the ""Zyn"" trademark and your intended use of ""Zynbabwe."" This step can help you assess the risk and make an informed decision."
Q: I have a car that is registered to my mother who has passed. There's still a loan on it but I want to get rid of it.. What to do ,"A:Under California law, to handle a situation where you've inherited a vehicle with an outstanding loan, you need to consider a few steps. Firstly, contact the lender to inform them of the situation. It's important to understand the terms of the loan and whether the obligation passes to the estate or directly to you. If the loan is not automatically assumed by you, the executor of the estate will need to manage this liability. This might involve paying off the loan from the estate or selling the vehicle to cover the debt. If you are the executor and wish to keep the car, you might have the option to refinance the loan in your name. However, this will depend on your creditworthiness and the lender's policies. In any case, it's essential to keep making payments on the loan to avoid repossession, until the matter is resolved. Lastly, for the transfer of title, you'll need to visit your local Department of Motor Vehicles (DMV) with the necessary documentation, which usually includes the death certificate, the vehicle title, and transfer forms. It's advisable to consult with a legal professional to guide you through this process and ensure that all legal and financial obligations are properly addressed."
Q: How do I press charges on a casino that took over $500 from me and said it was counterfeit. Escorted me out.. I was escorted out of the casino and told I could not come back. I know the money was good. I have never had any kind of evolvement with counterfeit. ,"A:If a casino confiscated your money, alleging it was counterfeit, take careful steps to address the situation. First, review your financial records to confirm the source and authenticity of the money. Collect witness statements from anyone who observed the incident and can vouch for the legitimacy of the funds. Request security footage from the casino to support your claim. Consider filing a police report to initiate an investigation. You may also contact the Nevada Gaming Control Board to file a complaint. Keep in mind that proving the money's authenticity rests on your shoulders, and pursuing legal action may involve a complex process. Alternative dispute resolution options, such as mediation or arbitration, can be explored for a potentially quicker resolution."
"Q: I have recently been robbed of my gift tax inheitence. I have retrieved documents from the tax department recently.. my exhusband forged my documents in 2013. he altered the employer id number and stole the financials using the incorrect years to file them and sold it to google for an award. in 2017 my devices kept having all these wierd things coming up. i just thought it was spam. next thing i know i seen an amy doucette, tech giants, shareholders, irs, and social security on my phone removing my financials from the irs and a sole irrevocable benificiary changed into a third party benificiary. i didnt know what it was or what happend at that time however, my uncles x wife cloned my phone with an apple iphone and my data was transferred and cellphone went blank. had no data at all locked at the boot. i got another phone. i since learned that my data was transferred to the creative commons and they used an avast antivirus to encrypt my data remotely. i cant do anything because all my information is public and accounts stolen. my csv is locked in a dumpster project and my identity is being deleted ",A:This sounds like a criminal case. You need to call the federal or state prosecutors to make a complaint. I do not handle your type of case. Sorry.
Q: I was shopping on line wen I came across some car parts advertising at 0£ So paid they now have changed the site and the. And they won’t send the order what legal opinion I have as they are misleading me to get my information and all and place the order only hours after they change what can I do ,"A:Based on the unit of currency you mention (£), this might require the guidance of an attorney who practices outside the U.S. Good luck Tim Akpinar"
Q: My husband has two children with a women whom wants to give up all her right voluntarily.. We do not have money to pay for a lawyer we live paycheck to paycheck. we are trying to figure out how to do this. ,"A:You could do a step-parent adoption. There are standard SCAO forms to help with this, but there would be costs and fees associated."
"Q: In May 2023 I filed an ""Intent to Lien"" for 119k. Can I file a ""Lien"",for 162k?. Do I have to file a new ""Intent to Lien"" for $162k before filling the ""Lien"" for $162k? I am a Licensed GC in Arizona. ","A:In Arizona, if you previously filed an ""Intent to Lien"" for $119,000 in May 2023 and now intend to file a ""Lien"" for $162,000, you generally do not need to file a new ""Intent to Lien"" for the increased amount. The ""Intent to Lien"" is meant to notify parties of your intent to file a lien and the amount you claim is owed to you. However, if you're now seeking to file a ""Lien"" for a higher amount, you would typically proceed with filing the ""Lien"" directly for the increased amount without filing a new ""Intent to Lien."""
"Q: How long does a lot owner have to give a mobile home owner to remove the mobile home from the lot?. Mobile home was left to my sister and I by my late father in 2021 and the land owner never communicated any expectations, demands, etc to my sister or I after inheriting the mobile home following the death of our father, the original home owner. Now he's threatened to remove the home himself whether I have emptied it of my belongings or not. As well as he only owns the land, not the mobile home. ","A:In Georgia, the specific time frame a landowner must give a mobile home owner to remove their property from the land can vary based on several factors, including the terms of any lease or agreement and local regulations. However, if there's no existing lease or agreement specifying this, general principles of property and landlord-tenant law apply. First, it's important to determine if there was any verbal or written agreement between your father and the landowner regarding the mobile home. If such an agreement existed, its terms would typically dictate the notice period required. In the absence of an agreement, the landowner generally cannot remove your mobile home without providing reasonable notice. ""Reasonable"" can vary, but typically it means enough time for you to arrange for the removal of the mobile home and your belongings. Since the landowner is threatening to remove the home, it's advisable to seek legal advice promptly. An attorney can help you understand your rights, negotiate with the landowner, and ensure that any actions taken are lawful and respectful of your property rights. Remember, communication is key. Try to establish a dialogue with the landowner to understand their concerns and express your intentions regarding the mobile home. This may help in reaching an amicable solution without the need for legal intervention. If you're unable to resolve the issue directly, legal assistance can guide you through the next steps to protect your interests."
"Q: If criteria for giving a dog as a gift are met, but the chip is in the gift-givers name, who owns the dog?. My mother and I met the dog when we transported him for a rescue group. We both loved the dog but he was being adopted by “C”. About a year after the adoption, “C” could no longer care for the dog. She reached out to my mother to ask if we were interested in adopting him. I said I was,. I agreed to adopt him and he has been in my home for over 2 years. Mother registered the chip in her name, didn’t add my name to vet account tho I paid for services and care. My mother picked up the dog from C as I was working and picking my child up from school. (Mother is retired). No money/contract exchanged as dog was handed over to my mother. Mother then brought dog to my home where he has exclusively resided since that day. I feed him, care for him and vet him etc as he is our family pet. Occasionally my mother has paid for vet services and she has done so for my other 2 dogs as well. My mother and I had a family dispute in April 2023 In sept she is requesting dog returned.l to her as owner. ","A:It appears that C gave the dog to you. Your mother acted as your agent when she picked up the dog for you. Registration of the chip doesn't mean much. It has no relation to ownership (as in the case of vehicles or land), but rather just a system to establish a point of contact in case the dog is found. But of course, if the ownership of the dog were to be litigated, your mother might have a different story than what you are indicating."
"Q: Dispute of $195. final payment for web optimization services from California. Use service for seven months.. At the end of the 7 months, our company tested ten different keywords in google searches, specifically with a ""In Rochester"" keyword, our town of business. None of those keywords returned a browser listing of our company in the first two pages of the search results or more. They are requesting an additional payment of $195. to finalize our working relationship. We after determining none of the key words showed any evidence of improvement in google listings believe that even though this organization does not guarantee any specific performance in google listings, we have a right to see evidence of attempts to show their logged work for our account. They include the requirement of using arbitration to settle this contract dispute. The full terms of the contract are not fully listed together with their application form but rather it is on their web site and which they did not send me a printed copy. What should I do? ","A:In this situation, it's important to carefully review the terms and conditions of the contract with the web optimization service provider. While they may not guarantee specific Google listing performance, it's reasonable to expect evidence of their efforts and work on your account, especially if you're being asked for an additional payment. First, request a detailed report or documentation of the work they've done during the seven months of service. This should include any actions taken to optimize your website for search engines, keyword research, and any other relevant activities. Evaluate whether they've fulfilled their contractual obligations. If the company fails to provide satisfactory evidence of their efforts, express your concerns and dispute the additional payment. Be sure to communicate your dissatisfaction with the lack of improvement in Google listings despite their service. Given that they are requesting arbitration to settle the dispute, you should consider whether this is an acceptable resolution method for you. Review the terms of the arbitration clause in the contract, paying attention to any associated costs or procedures. If you believe you have a strong case against the additional payment and the lack of evidence of work done, consult with an attorney experienced in contract disputes. They can help you assess your options, whether it's negotiating a resolution with the service provider, pursuing arbitration, or exploring other legal remedies available under California law. Keep records of all communications and documents related to the dispute for future reference."
Do Bankruptcies Show Up on Background Checks?,"Many job applications today require background checks. If you’re one of the more than 500,000 Americans who have declared bankruptcy in the last year, you may be nervous about what a background check may reveal. You might also be asking, Do bankruptcies show up on background checks? If you’ve previously struggled with financial issues and filed for bankruptcy, then you’re likely concerned about how this may impact your employment prospects. Our guide below will tell you what you need to know about bankruptcies and background checks. There are several different kinds of background checks, such as civil court checks, criminal background checks, employment background checks, and federal bankruptcy checks. Depending on why you are having a check run on you, a prospective employer, landlord, creditor, or other party will choose which type of background check to run and may have access to different information based on that choice. It’s important to realize that, now that so many databases are linked, information that used to be requested separately can sometimes show up on any background check. State and federal laws regulate information that shows up on background checks. Legally, only certain information is supposed to appear on civil court background checks. Civil court background checks are intended to reveal any civil records pulled from the local or federal level. Claims in a person’s history that may be revealed by civil background checks include family law matters, divorce, estate disputes, personal injury issues, and even car accidents. Bankruptcies should not show up on civil court background checks. So, do bankruptcies show up on background checks of an individual’s criminal record? The answer is no. Criminal background checks shouldn’t reveal bankruptcies, as filing a bankruptcy is not a crime, and bankruptcies are not filed in any criminal court. Employment checks verify what type of past employment you have held. Past employers may be contacted and interviewed about your work ethic and performance, and dates and position titles may be verified. This type of background check will not reveal a bankruptcy. Some employers or other parties like loan officers may run credit checks on you (with permission). A credit check will show your bankruptcy history, as will information about any discharged debts as a result of the filing. Bankruptcy may appear on a federal bankruptcy search, which will gather information from bankruptcy courts for filings like Chapter 7, Chapter 11, and Chapter 13 bankruptcies going back no more than 10 years, as detailed under the Fair Credit Reporting Act. Federal bankruptcy reports can reveal the: The good news is that, according to federal law, government employers may not discriminate against anyone who has filed for bankruptcy. This means that prospective employers in the federal, state, and local governments can’t refuse to hire someone simply because they filed for bankruptcy. However, private employers are permitted to factor bankruptcies into hiring decisions, which means that some applicants who have filed for bankruptcy in the past may have issues pursuing employment with private companies. If you have any questions about what information an employer is looking for on a background check, it’s a good idea to ask when completing the application. You can take advantage of this opportunity to discuss anything negative that might appear on your background check. It’s to your advantage to be straightforward with an employer about any blemishes on your record, including bankruptcy. Doing so shows that you’re taking responsibility for your actions. When do bankruptcies show up on background checks and raise flags with prospective employers? A bankruptcy filing is most likely to be of concern to employers for a job that involves direct, easy access to finances and financial information, such as bookkeeping, accounting, and payroll services. Although bankruptcies are unlikely to show up on background checks conducted by employers, they have an interest in trusting their employees to act responsibly in high-stakes financial positions. If a federal bankruptcy search shows that a job applicant has filed for bankruptcy within the past decade, the employer may be concerned about the applicant’s suitability for a position involving sensitive financial transactions. Whether bankruptcies show up on background checks may not matter if you’re already employed. The good news is that employers can’t fire you simply because you’ve filed for bankruptcy, nor can they reduce salaries, demote employees, or remove employee responsibilities based on bankruptcy status. Although the criminal and civil check should not reveal your bankruptcy status, prospective employers may still have access to the information via a federal bankruptcy check and, depending on the type of job you’re applying for, may use this information when weighing your employment application. Chapter 7 bankruptcies will remain in your record for ten years, while chapter 13 bankruptcy will remain for seven years. Generally speaking, employers do need consent from you to run background checks, but some information about you may be available via public record without consent. If you feel a prospective employer or other party violated your privacy while running a background check on you, you should consult with a lawyer right away to assess whether a violation has occurred. For clear answers to questions like, Do bankruptcies show up on background checks? Consider requesting a free legal review with an experienced lawyer so they can give personalized advice on securing employment, regardless of your bankruptcy status. "
Product Liability: Do You Have a Case?,"Have you ever been injured because the product you were using didn’t function the way it was supposed to? You may have needed a “product liability” lawyer. This area of the law involves liability on the part of a manufacturer or seller for harm caused by defective products. Product liability is a legal practice area devoted to obtaining compensation for victims from the manufacturers and suppliers of products which are designed, manufactured, or marketed defectively. It falls under “tort” or personal injury law. These cases are brought under state laws and are subject to ‘statutes of limitations,’ meaning you have to file the lawsuit within a certain amount of time after the injury occurs (or was first discovered). For example, few people would dispute the fact that lawnmowers are inherently dangerous machines, but they are used every day, often without incident. If designed, manufactured, and used properly, lawnmowers can be safe. However, shortcomings in one of those three areas can lead to injuries and lawsuits. Sometimes the defect that leads to damage has its root in the first step — design. Examples of defective designs include: If a product is designed and used properly, but still causes damage, the problem could be in faulty manufacturing. Examples of defective manufacturing include: Not everyone recognizes hazards right away, so manufacturers provide instructions and warning labels for potentially harmful products. The following are examples of products with inadequate warnings or instructions: In many states, manufacturers or others in the product chain are liable for defective products even if they acted reasonably — this is known as “strict liability.” The other theories of liability are ‘negligence,’ breach of ‘express warranty,’ and breach of ‘implied warranty.’ In a personal injury case, a plaintiff (the person who files the lawsuit) usually has to prove the defendant (the person being sued) was negligent at some point in the manufacturing process to be able to recover damages, or compensation. Where strict liability is in play, even manufacturers who exercised the utmost care and did not intend to deceive customers are held liable for injuries. The plaintiff still must prove defective design, manufacturing, or marketing; and that the shortcoming caused their injury. Some states, such as North Carolina, do not recognize strict liability in product liability actions. To continue using North Carolina as an example, its law says a plaintiff must prove the manufacturer or seller of the product at issue acted “unreasonably” at some point in the process to be held liable. In other words, there must have been negligence on the part of the party being sued. Proving negligence has four elements: North Carolina also recognizes breach of warranty as a theory of liability in some cases. “Express” warranties are written statements by the manufacturer promising the product will function a certain way. For example, say you purchase a deep fryer and the paperwork says it’s safe to fry a frozen turkey. If you’re injured when the frozen turkey causes the oil to splatter, your subsequent lawsuit may claim breach of that express warranty. Some warranties may be “implied,” meaning they’re not written and are based on reasonable expectations at the time of purchase. One type is the ‘implied warranty of merchantability,’ which means the product will perform in the same manner as similar products, and will not cause harm when used for the intended purpose. For example, if you buy a TV, you may assume it will not catch fire when left plugged into the wall, even if there is no written statement to that effect. An ‘implied warranty of fitness‘ is not a general warranty for all consumers — rather, the consumer asks a seller for a product that will fit their needs, and the seller makes a recommendation. For example, you may ask a dealer to recommend a breathing apparatus to protect you from chemical fumes. If the recommended mask only protects you from dust, and not fumes, that could be a breach of the implied warranty of fitness. Whether a claim is based upon an express or implied warranty, an injured party must prove the existence of a warranty, the failure of the product to conform to the terms of the warranty, and an injury caused by that failure. If a plaintiff is found to have acted unreasonably in the use of a product, usually it can be used against them in the lawsuit. The defendant can fight a strict liability claim using one or more other common defenses: For example, say you were injured by the blade of a table saw. If you removed the protective plate that prevents your hand from coming into contact with the blade, the defendant in your later lawsuit can claim you altered the product. Or, let’s assume you tried to pick up the table saw while it was running, resulting in injury. The defendant could claim you used the product in an unreasonably negligent way. Another example is if you noticed a bent blade or safety device that wouldn’t stay attached. If you continued to use the saw and were injured by that defect, you may not win your lawsuit. Manufacturers can purchase insurance which pays out if they are found liable in personal injury cases. Insurance can pay for the following (up to policy limits): Have you been injured by a defective product? Have your case assessed by a product liability attorney who can explain the laws in your state. "
Simple 1041 Tax Form Instructions,"If you’re an ‘executor‘ of an estate and wondering what to file with the IRS, you’ll probably want to add 1041 tax form instructions to your reading list. In most cases, executors will need to submit Form 1041 with the IRS, which covers income tax earnings after the owner’s death (referred to as the “decedent” from that point on) but before the ‘beneficiaries‘ are assigned the estate. Form 1041 is an IRS-required form that a beneficiary of a trust or estate must complete to declare any income. Specifically, this records any income that the beneficiary has received after the estate owner dies but before the beneficiary collects the assigned asset. This is not to be confused with Form 706 which is used for filing an estate tax return. An executor of an estate is required to file Form 1040 on behalf of the decedent as a final tax return. This is distinguishable from a Form 1041 which concerns income earned after the decedent’s passing. If you are legally declared the executor or ‘fiduciary‘ of an estate, you might also be obligated to file a Form 1041 for the decedent’s estate. The fiduciary of the trust or estate is obligated to file Form 1041 if the adjusted gross income of the underlying asset is greater than $600. They are required to report any income tax liability in addition to any losses or gains. They must file specific forms for the type of gains or losses that the asset has experienced since the decedent’s death. For example, Schedule D reports capital gains or losses while Schedule K-1 declares a beneficiary’s share of income gained. The estate is not required to pay for the earned income tax where that liability accrued after the decedent’s passing and the beneficiary’s interest had been distributed. Before the decedent’s death, based on the rules outlined in the 1041 tax form instructions, the estate is required to pay for the income tax earned. As such, if the beneficiary had been assigned the asset, they are responsible for paying the tax once they have received their share of the asset. Notably, every beneficiary will be given a Schedule K-1 Form 1041 which indicates the amount and type of income to report on their 1040. It is essential to note that the estate year may not coincide with the calendar year. Specifically, the estate year traditionally starts on the day of the decedent’s death and finishes on December 31st of the same year. An exception to this is when the executor requests that the year be counted as a ‘fiscal’ year. This enables the executor to count the year as starting from the date of the decedent’s death and ending on the last day of the month before the decedent’s one year anniversary of death. This gives the executor up to 12 months in which to file their taxes after the decedent has passed away. For example, Mark passed away on May 1 and his assets were transferred to his beneficiaries on November 15 of that year. Before the transfer, the assets added $2,000 in gains. Because this is more than the $600 exemption for filing, Mark’s executor is required to file a Form 1041. If a traditional filing year is chosen, the year begins from May 1 and ends on December 31 of the same year. If a fiscal year is preferred, then that begins on May 1 and ends on April 30 of the following year. This three-page form must be completed by the executor or administrator of the estate. Schedule G is used on the second page to tally the total amount due for taxes. The remainder of the tax form consists of charitable donation disclosures and what will be given to the beneficiaries. The deceased and their estate are two separate entities for tax purposes. As such, a separate tax identification number (TIN) is needed for the estate. Furthermore, for income tax purposes, an employer identification number (EIN) is required for the estate as well. This is what you will report in the general sections of a 1041 tax form: Taking on the role of executor comes with often unexpected new responsibilities, including how you file your taxes. If you need help with 1041 tax form instructions, speak to a professional today to learn your best options "
What Is a SCRAM Bracelet?,"You may have heard the term SCRAM bracelet or alcohol bracelet in relation to DUI. But what do those terms really mean? The term “SCRAM” stands for Secure Continuous Remote Alcohol Monitor. The bracelet is an alcohol monitoring device given to repeat DUI offenders who are court ordered to abstain from alcohol. The alcohol bracelets are actually worn on the ankle, and help law enforcement maintain court orders to keep high-risk defendants from drinking. However, there is some debate surrounding the reliability of the bracelets and whether their use violates defendants’ civil liberties. In some jurisdictions, a court may require a DUI offender to wear a SCRAM bracelet as part of a sentence compelling them to stop drinking alcohol. A judge may also order a defendant to wear a SCRAM bracelet as part of a ‘pretrial condition‘ or ‘post-conviction‘. In most cases, jurisdictions that use the DUI bracelet reserve orders for those with multiple DUI convictions and substance abuse disorders. When a judge determines a defendant is a repeat offender in an alcohol-related case, they might order use of a SCRAM bracelet to monitor the defendant’s blood alcohol content (BAC) prior to trial. In some cases, a judge may consider releasing the defendant from jail only if they wear the DUI bracelet while awaiting trial. Remember, our criminal justice system is founded on the idea that everyone is innocent until proven guilty. According to the U.S. Department of Justice, pretrial release helps navigate the waters between defendant’s rights and community safety concerns. Courts also use the bracelets for pretrial release in order to free up jail space. A judge may also order a high-risk defendant to wear a SCRAM bracelet as a condition of probation. If the defendant does not wear the bracelet, it would be considered a probation violation and the defendant could be sent back to jail. A court’s decision to order a defendant to wear a SCRAM bracelet depends on the state law where the defendant lives. Some states have debated the fairness of such a device and whether forcing a defendant to wear one is constitutional. For example, New York courts determined that defendants should pay for the ankle devices themselves and that it was legal to enforce a repeat offender wear one. Michigan has the largest SCRAM bracelet operation in the country. The state authorizes court orders when defendants are involved in a drunk driving incident involving death and have a blood alcohol content of 0.24 or greater. If a defendant’s blood alcohol level is 0.23 or less, they must wear the device for a minimum of six months. In contrast, North Dakota’s legislature debated the question, What Is a SCRAM Bracelet’s utility in curbing impaired driving? Currently, the state utilizes the device for both alcohol and drug related cases, in addition to cases involving domestic violence and child abuse or neglect. High-risk defendants in North Dakota must wear the bracelet for one year, and offenders who have four or more DUIs are monitored for a minimum of two years. SCRAM bracelets measure the amount of alcohol by analyzing a defendant’s perspiration. The bracelet has a sensor that detects the presence of alcohol released through the skin. Known as ‘transdermal‘ testing, the measurements are taken 24 hours a day in 30-minute intervals. Data from the measurement of the defendant’s alcohol level is stored and sent to a monitoring service provider. The provider will detect whether there is enough alcohol present to amount to a violation. If a violation is detected, the monitoring provider will alert the court, parole officer, or law enforcement. The alcohol bracelets are designed so that defendants can neither remove nor tamper with them. The sensors on the device will send an alert if the bracelet is tampered with. However, many people have attempted to circumvent the ankle monitor with creative methods, including: With technology comes expense, and one question often asked is, How much does a SCRAM bracelet cost? Defendants pay for the installation and monitoring of the bracelets and the price can quickly add up. Installation typically costs between $50 to $100, depending on where the defendant lives. Daily monitoring fees average around $15, so defendants may spend hundreds of dollars a month on their SCRAM bracelets. Because the devices are so expensive, courts will use the defendant’s income to determine the fee. Additionally, if a defendant is ‘indigent,’ the court may waive the fee and pay for the bracelet instead. Still wondering, What is a SCRAM bracelet? If you’ve been involved in a DUI you may want to speak with a criminal defense attorney to discuss your options. Reach out for a free case evaluation from an experienced defense attorney. "
Common Reasons Grandparents Can File for Custody of a Grandchild,"There are many reasons grandparents can file for custody of grandchildren. Sometimes, a parent is unfit to raise a child and a grandparent seeks to meet that child’s needs. Other times, a parent tragically passes away or becomes incapacitated due to illness or injury and a grandparent takes up the mantle of raising that parent’s child. Most of the time, grandparent custody is granted only out of necessity, especially if a grandparent is filing for custody over the objections of a child’s parent. The most straightforward reasons grandparents can file for custody of grandchild/grandchildren involve the death or incapacitation of a parent. Oftentimes, parents will name a grandparent as a child’s guardian in the event that both parents pass away. If one parent remains living, custody will likely go to the surviving parent. But if there is no other surviving parent, a grandparent may file for custody as a child’s next of kin. Another straightforward, although rare, scenario involves grandparents filing for custody after parents have given them the right to do so. Parents can voluntarily give up their parental rights. If both parents give up their rights, one parent is dead and the other gives up their rights, or one parent gives up their rights and the other parent’s whereabouts are unknown (and generally unknowable), a grandparent can file for custody. Grandparents may volunteer to assume temporary custody if Child Protective Services is investigating a child’s homelife and has determined that it is not in the child’s best interests to remain in the home during the investigation. This scenario is not one of the reasons grandparents can file for custody of grandchildren on a long-term basis unless a court rules that a parent is unfit. The U.S. Supreme Court has ruled that parents enjoy a fundamental right to direct the custody and care of their children under the 14th Amendment to the Constitution. This right often allows parents to keep their children away from grandparents, because parents generally have the right to dictate when their children may and may not associate with others. The Supreme Court has also ruled that the government can’t lawfully interfere with this fundamental right unless a child’s parent is proven to be “unfit” to raise them. If a parent has been proven unfit, a grandparent may petition for custody of a child who is no longer in a position to be raised by their unfit parent (provided that no other fit parent is available to assume full custody). A “fitness hearing” is usually separate from a final hearing concerning whether a parent should be stripped of their rights permanently. A grandparent can’t file for custody of a grandchild simply because they don’t like how the child is being raised. Each state employs a specific definition of what it means to be unfit to parent a child. Most of these definitions read much like Nevada’s, which insists that “any parent of a child who, by reason of the parent’s fault or habit or conduct toward the child or other persons, fails to provide such child with proper care, guidance, and support” is unfit to carry on these responsibilities. This broad definition protects children against objective instances of serious neglect or abuse. Examples of conduct that can lead a court to determine that a parent is unfit include: Additionally, convictions for some violent crimes, unmanageable mental illness, a history of unmanaged substance abuse, and other extreme circumstances may lead a court to classify a parent as unfit. If, as a result, they are stripped of their fundamental right to direct the custody and care of their child, a grandparent may file for custody to assume that right. If any of the reasons grandparents can file for custody of grandchildren apply to your family’s situation, you could benefit from legal guidance. To learn more, schedule a free case evaluation to discuss your custody questions with an attorney. "
Getting an Online Divorce in Missouri: A Legal Guide,"Are you a Missouri resident who is wondering, Can I file for an online divorce? Missouri does offer the option to file for divorce online. In most cases, these divorces are an affordable and easily accessible way to dissolve a marriage when parties agree to the terms. Our comprehensive legal guide will help you understand the ‘uncontested divorce‘ and legal document preparation process, inform you of which court documents are needed, and help answer any questions you may have about the filing process for online divorce. To file for an online divorce, Missouri law requires that the divorce be uncontested. An uncontested divorce is one where the parties agree on all the terms of the divorce and believe there is no chance they can reconcile their differences. Then, the spouses create a written agreement to end their marriage with everything they have agreed to. If the parties disagree on one or more of the divorce terms and the court needs to intervene to help them resolve the dispute, the divorce is “contested” and Missouri will not allow you to file online. Instead, you’ll have to go to court with your spouse to resolve any disputed issues. If you want to represent yourself in divorce proceedings, Missouri requires that you complete the Litigant Awareness Program and file your completed certificate with the court. After you’ve completed this program, you can continue to file for an online divorce. Missouri law requires that parties provide the following information: Once the documents are prepared, either party can print, sign, and submit them to the local court clerk. Then, the filing party will serve the documents on the other party to communicate that they have started the divorce proceedings. In Missouri, you can serve the ‘notice‘ on the other party in two ways: Via the county sheriff or a private process server. Both methods will start the divorce process. Once you have submitted the forms, documents, and separation agreement correctly, the 30-day waiting period from the filing date starts. During this “cooling-off period” the divorce is not yet granted, so the spouses have time to evaluate their decisions and thus avoid acting on impulse. Once the 30-day period has passed, the parties will appear in court and the judge will review the settlement agreement before signing it. You may not be able to get a divorce precisely on the first day after the cooling-off period. Instead, the date your divorce is finalized depends on the judge’s availability and the number of pending cases they must hear. There are several requirements for filing an online divorce. Missouri’s are as follows: If you and your spouse need to create a parenting plan for your children, Missouri requires that it include: Once you meet the requirements, both parties must gather information on income and expenses and list all debts and assets. To proceed with an online divorce, Missouri requires that you fill out several forms, including: In some instances, you may need to file different or additional forms. The processing fees for an uncontested online divorce vary from county to county. For instance, the fees in Cass County differ from those in Oregon County. Here’s the average cost you might incur for processing fees: If you can’t afford the divorce fee, you may be able to get a free divorce in Missouri by filing a ‘forma pauperis.’ This document lets you request a free divorce from the court. You’ll include details related to income, expense, debts, and assets, showing that you can’t afford the filing fees. The court will determine whether the fees are waived. If both parties agree on the divorce terms and are ready to work out a settlement agreement, they may file an online divorce. To begin the procedure, they must complete the Litigant Awareness Program, fill out and submit the relevant forms on the Missouri state court’s official website, and pay the required fees. The minimum time to get a divorce is 30 days; this includes a “cooling off period.” However, the exact time depends on the judge’s availability. The Missouri divorce finalization process can take anywhere from one to six months. It’s not possible to get a divorce in Missouri if one of the spouses is pregnant. The court wants the presumptive father (if applicable) to prove paternity and the couple to determine if the husband is the child’s biological parent. Therefore, the court can’t grant or finalize the divorce unless the child is born and the above requirements are met. While it’s not mandatory to hire a divorce lawyer when filing a divorce, it may be advisable to ensure that there are no mistakes in the documents and that they’re filed on time. Plus, a lawyer can help you resolve complicated issues involving child custody and the division of pensions, retirement accounts, family businesses, and other assets. Obtaining a divorce isn’t an easy process, but there are resources that can help. Learn more about whether an online divorce service can help you to make sure you meet Missouri’s strict divorce filing requirements. "
What Are Crimes Against Humanity?,"Designating certain acts as “crimes against humanity” can help protect populations, especially civilians, from the worst violations of human rights and dignity. This category encompasses the most egregious acts of individuals, governments, and organizations. The discussion of what are crimes against humanity (and how to punish their perpetrators) began in earnest when the atrocities of World War II came to light. The first accepted use of the term “crimes against humanity” in an international forum is the 1945 Charter of the International Military Tribunal (also known as the Nuremberg Charter). This document memorialized the Allied countries’ agreement that certain acts of violence are unacceptable and established an international tribunal to prosecute individuals who commit them. France, the Soviet Union, the United Kingdom, and the United States signed the charter at the end of the Second World War; 20 other countries have since ratified it. It inspired the formation of numerous subsequent international courts to prosecute human rights violations, including the International Tribunal for the Former Yugoslavia. There is some disagreement when it comes to identifying specifically what is a crime against humanity, because there is no comprehensive, globally-accepted international legal definition. Acceptance of which specific acts constitute crimes against humanity has changed over the years as new horrifying examples come to light. According to the United Nations, the 1998 Rome Statute of the International Criminal Court expresses the most currently accepted list. In addition to explaining what are crimes against humanity, the Nuremberg charter also identifies what are war crimes and what are crimes against peace. Under this and other accepted authorities, war crimes are distinguishable from crimes against humanity in four significant ways. These are: Based on these factors, while most offenses that qualify as crimes against humanity could also be war crimes, the converse is not necessarily true. Many acts are widely accepted as crimes against humanity by many different international authorities. Some of the most fundamental include: Murder and the extermination of a demographic group are universally acknowledged as crimes against humanity when directed by the state. These terms refer to a ruler or government killing members of its own population, usually on a mass scale. In many cases, victims are targeted for extermination based on ethnic discrimination, religious prejudice, or cultural reasons (‘genocide‘) or political opposition (‘politicide’). Deporting or forcibly transferring a segment of the civilian population against that population’s will is generally accepted as a crime against humanity. The use of mass deportations is usually only one aspect of a broader attack against a particular group, often performed in conjunction with other crimes against humanity like persecution, apartheid, and extermination. In many cases, a state that perpetrates crimes against humanity resorts to tactics such as false imprisonment, deprivation and torture, and forced disappearances. False imprisonment constitutes holding individuals against their will based on fraudulent, trumped-up, or no charges. While imprisoned, they may be physically and mentally tortured, subjected to hard labor, or exiled to remote labor camps. These practices are illegal under international law and violate human rights protections. Sexual violations like rape, human trafficking, and sexual slavery have long been recognized as crimes against humanity. Such crimes are often carried out against civilians and can be directed against specific ethnic groups. In addition to being an egregious violation of human dignity, sexual violence can be a tool used to humiliate and demoralize segments of the population. In addition to the above offenses, many others are commonly considered to be crimes against humanity, including apartheid, forced sterilization, persecutions based on ethnic, religious, or political grounds, and enslavement. In many cases, an oppressive regime commits many different overlapping humanitarian violations. Although there have been agreements between countries for many centuries dealing with war crimes, before the end of World War II, there was no significant international cooperation to prosecute humanitarian violations during peacetime. As a result, many heads of state committed terrible atrocities against their own populations. These went unpunished; in many cases, they were often entirely unnoticed by outsiders. In the modern era, many states, human rights activists, and legal experts are making a concerted effort to bring the individuals responsible for international human rights violations to justice. While some trials have resulted in successful prosecutions, such as those related to atrocities in Rwanda and the former Yugoslavia, bringing perpetrators to justice remains an ongoing challenge. Agreeing what are crimes against humanity and bolstering the authority of the International Criminal Court are two important parts of that objective. "
What Is a Court Ordered Mediation?,"In legal terms, ‘mediation’ is a type of alternative dispute resolution that can help resolve conflicts and avoid litigation. Parties to a lawsuit or domestic matter (such as a divorce or a child custody case) can choose to go to mediation to work out an agreement. In some cases, however, a court may direct the litigants to attend one or more sessions with an approved mediator. This is called court-ordered mediation. Many state and local courts maintain lists of ‘certified mediators‘ and provide these to litigants ordered to undergo mediation. These individuals have met the training and experience requirements dictated by state law or the court’s rules. Usually, parties choose their own mediator; if they can’t agree, the court may appoint one. Some mediators specialize in handling certain types of legal disputes, such as court-ordered custody mediations or appellate cases. Others are available for all kinds of matters. Many mediators are retired judges or attorneys who have extensive practice experience in their area of law. Once a mediator has been chosen, the parties schedule a date, time, and location to meet. Frequently, mediators request that the parties send them an advance copy of any evidence they plan to present and a summary of their argument. Doing so helps everyone better prepare for the mediation. At the appointed time, each person presents their position and any supporting documents or evidence. The mediator then works with the parties to resolve their outstanding issues. This may be done with both parties together and in one-on-one sessions. In the case of a child custody mediation, for example, the mediator may meet with each parent separately to discuss their wishes and concerns about a custody schedule. Then, they may all discuss how they can craft an arrangement that works well for everyone in the family. The mediator might suggest some solutions that the parents aren’t aware of or didn’t consider, such as exchanging the children at a restaurant halfway between their homes or using videoconferencing for a parent to attend events. The parties are usually responsible for paying the costs of a mediation, even if it is ordered by the court. Usually, the cost is divided equally between them. If the cost is a significant hardship and the parties are unable to pay, the court may arrange for a reduced or no-fee mediation. Engaging a neutral third-party mediator can help people in a high-conflict, emotional situation gain a fresh perspective. They may find that they agree on more issues than they think and be more open to negotiating a compromise for areas that remain in dispute. A skilled mediator can draw on past experiences to suggest creative solutions for seemingly impossible problems. They can also help encourage each person to listen to the other’s point of view, keep an open mind, and be more flexible with their position. Court-ordered mediation helps relieve some of the pressure on an overburdened legal system. In many cases, especially family law cases, the parties have significantly different interests – each of which needs to be carefully examined, addressed, and considered. Proceedings can get emotional and be stressful for everyone involved. Mediation allows both parties to share their perspectives and concerns about a given dispute without the pressure of a full docket of pending cases. Unlike a trial where sessions are open to the public or even recorded, one of the benefits of mediation is that they are private and (usually) confidential. What you say in the session cannot be used against you in court or other proceedings. (An important exception, however, is that a mediator may have a duty to report allegations such as child abuse to the proper authorities.) Going to mediation can also be more comfortable and convenient than going to court. Most mediations are held in private offices, and they can be scheduled at a time convenient for both parties. You may even be able to do them over the phone or using teleconference software (like Zoom or Google Meet). By contrast, court hearings and trials are held on a schedule that is fixed and set by the court. Litigants may have long periods of wait time while the judge hears other matters. Few courts permit children or offer childcare services, and they are often far from the parties’ residences. If a judge orders the parties to a lawsuit to attend mediation, they must obey and attempt the process in ‘good faith.’ As with any other judicial order, a party that fails to comply with a court order directing mediation can be held in ‘contempt of court.’ Penalties for contempt can include fines and jail time. Some states and larger cities require certain kinds of legal matters to go to mediation before a court hears them. For example, the Circuit Court of Cook County, Illinois, requires all child custody cases to attempt mediation unless parents already agree on a parenting plan. The court will not schedule a hearing or trial until this is done. (Notably, a judge can overrule this requirement when appropriate, such as in cases involving violence.) The mediator does not make a ruling or enter a judgment. Instead, they try to assist the parties in negotiating and memorializing an agreement among themselves. If this is successful, the parties can alert the court and have their case resolved. If they can’t agree, the parties proceed with litigation, asking a judge to schedule a hearing or trial to settle their disputes. In many cases, mediation can be faster, cheaper, and more effective than having your case decided by a court. Court-ordered mediation can’t resolve all cases, however. If you have completed this process and still need to go to court, you should consider meeting with an attorney. "
Leasing a Car After Bankruptcy,"Bankruptcy may sound scary, but it can be a useful tool to move on with your life after financial difficulties. Bankruptcy does, however, stay on your record and may have implications for your lending options down the road. One common activity you may be wondering about is leasing a car after bankruptcy. How long do you have to wait after bankruptcy? Are you even able to do it? The short answer is generally, yes, you can lease a car and engage in any other life event after bankruptcy — but there may be conditions attached that don’t apply to other people. There is no required waiting period, although taking time to improve your finances first lets you borrow on better terms. One thing to remember about leasing a car after bankruptcy is that it depends on what chapter of the bankruptcy code your proceedings fell under. For individuals,Chapter 7 and Chapter 13 are the most common types of bankruptcies. Chapter 7 bankruptcies, known as liquidations, are shorter proceedings which “wipe clean” many types of debt. They last four to six months on average and you’re able to start borrowing again when you’re discharged. Chapter 13 bankruptcies, known as reorganizations, are longer processes and aim to get individuals caught up on loan payments rather than wiping the debt clean. These payment plans can last roughly three to five years. Although Chapter 7 bankruptcies don’t take as long to complete, they stay on your credit report for a longer period of time than a Chapter 13 filing. While you’re still able to borrow with a bankruptcy on your credit report, the terms will be less favorable. You also must wait until your bankruptcy is “discharged” before you are free to borrow money again. A discharge is simply the official end of the bankruptcy proceedings, a signal that you’re free to move forward. A lender considers the following factors when deciding what it will take for you to lease a car after bankruptcy: A bankruptcy will lower your credit score, sometimes severely. The lower your credit score is, the fewer options you have for borrowing money or qualifying for expensive vehicles. Take steps to rebuild your credit score before leasing a car after bankruptcy, if possible. Keep in mind it takes some time for your credit score to update when changes have been made. Dispute any errors you think are on your report with the credit reporting agency. If you can save enough money to pay cash for a vehicle, which may take some time, you can usually bypass the significance of a credit score and the lending process altogether. The higher your income is, the more likely a lender will be willing to work with you. Some experts suggest spending no more than 10% of your income on transportation. This means for a $20,000 car loan with payments of $438 per month, an income of at least $52,560 per year ($438 x 12 months x 10) would be preferred for favorable loan terms. If you can save money and make a large down payment on a vehicle, a lender will be more willing to work with you. Some may even require a down payment as a condition to borrowing. The size of the company from which you are purchasing or leasing a car matters, too. Bigger companies can afford to take on riskier clients, so you may want to try to work with a larger company. You will still face higher rates and other unfavorable conditions compared to borrowers without bankruptcy on file, but you should still be able to get a car. Give yourself as much time as you can to build your credit score, save money for any necessary down payments, and take other measures to improve your finances after bankruptcy. Taking time before borrowing again will encourage lenders to work with you. As stated above, improving your credit score will encourage lenders to work with you. You can improve your credit score by: Not all lenders will treat you equally — some will be willing to offer better terms than others. Ask them what factors they consider most important and how you may improve your chances of securing favorable loan terms. Know the signs of predatory lending and avoid getting roped into further financial trouble. Look at a month’s worth of income and determine what you can reasonably afford in terms of a car payment and other monthly expenses. Get rid of any unnecessary monthly expenses to allow yourself to save money. Do you need to lease a new car? Consider saving money to purchase a used car instead. Or, consider assuming another person’s car lease rather than starting your own. Assumption of a lease may give you more favorable interest rates and may be for a shorter amount of time than a new lease. Beginning a car lease process after a bankruptcy discharge is possible, but it requires research. Consider seeking the advice of a bankruptcy attorney who can assess your situation and set you up for success. "
How to Register a Vehicle Without a Title,"A vehicle title is a critical piece of paperwork proving ownership of the vehicle. Titles are required when registering your vehicle with your state, which in turn allows you to drive it legally. Usually, purchase of a vehicle includes transfer of the title to your name, similar to the deed during a house purchase. If you’ve acquired a vehicle but for some reason don’t have the title, you have options. Before we get into the details, know that the best place to start is by visiting your state’s motor vehicles website for registering vehicles as it may quickly answer your questions about obtaining a replacement title or registering your vehicle. If you’re trying to figure out how to register a vehicle without a title, explore these options first. If you purchased your vehicle from a private seller or dealership, contact them to make sure they didn’t inadvertently forget to give you the title. If they have the title, your problems are solved. However, it should be in your name once you purchase your vehicle. Your seller should have a title in their name that they transfer to you once the purchase is complete. If contacting the seller doesn’t yield a vehicle title, you may be able to apply for a replacement. You will need to have some sort of proof of purchase of the vehicle such as a bill of sale or a registration card listing you as the buyer. Again, start by visiting the website of your state’s DMV. However, you’ll likely obtain a car title from the clerk of your county of residence. Look at your state’s requirements when researching how to register a vehicle without a title. Generally, you will need: Additionally, most states require the owner on the title record to sign the title application and present identification. But, if the owner can’t appear (for example, they’re incapacitated), they must complete and sign an Appointment of Agent (Power of Attorney) form designating another individual to sign on their behalf. If they can’t sign the form, then their acting agent must sign it for them. Usually, replacing your vehicle title is around $50-200, depending on your state. It takes about four to eight weeks to process your replacement title, but some states (Michigan, for example) have instant replacement title transactions. You will also need to provide proof of insurance and may need to have the car inspected. Once you have all of the necessary paperwork, you can take it to your local DMV office and they will help you complete the registration process. If you don’t have a bill of sale or other proof of purchase, or you didn’t purchase your vehicle from a seller, you may need to apply for what is known as a “bonded” title. A bonded title serves to protect states against residents titling vehicles under dishonest pretenses and typically remain in place for three years. Contact your state’s DMV office or search online to inquire about the bonded title application process. You can expect the following general process: There are a few miscellaneous pieces of information to remember when researching how to register a vehicle without a title. First, you can’t make changes to an existing title — you just have to re-title the car or reassign it. Second, there can’t be an outstanding loan on the vehicle when transferring the title unless the lender approves the transfer. Third, your vehicle’s stats (like odometer and VIN numbers) must match those on the title. Once you’ve successfully completed one of these options, you’re ready to register your vehicle. Again, check with your state for specific requirements (New York, for example), but you will generally follow these steps: If you’ve run into trouble because of a missing title or registration, or simply have driving-related questions, get connected today with an experienced legal professional. "
What Is Cross Examination?,"The question, What is cross examination? is a subject of interest to every first-year law student. “Cross examination” is a litigation technique that every lawyer who questions witnesses in court must perfect. Understanding the rules of this process can also be valuable for witnesses who want to know what to expect once they take the stand. Broadly speaking, cross examination is the process of allowing the opposing party’s attorney to question a witness who is testifying in court or via a deposition once they have provided their ‘direct‘ testimony. Ordinarily, the purpose of cross examining a witness is to test the strength of the stories, observations, and opinions that they have provided so that the strength of the case their testimony is supporting can be called into question. This helps to diminish the credibility of a witness. Successfully challenging the truth of their statements is referred to as ‘impeachment.’ Some lawyers may decide not to cross examine a witness to underscore the idea that their testimony was insignificant and doesn’t warrant additional questioning. Attorneys are not bound to ask a certain number of questions, nor are they required to keep their cross examination of a witness to a specific length of time. The rules of cross examination primarily concern the ways in which questions are asked and answered. The attorney whose witness is being cross examined can object to the lawyer who is conducting the witness’s cross examination if they engage in certain behaviors. Some of the most common objections made during cross examination include: Conversely, although not generally permitted during direct examination, leading questions are permitted during cross examination. These questions allow a lawyer to test the credibility of testimony provided upon direct examination in a focused way. If you’re being called as a witness and you’ve been asking What is cross examination? you’re probably wondering if you can refuse to be cross examined. The short answer to this question is No. If you refuse to answer questions during a cross examination, the judge can hold you in ‘contempt of court.’ To make sure that you’re prepared for cross examination, your lawyer should walk you both through what you’ll be asked during your direct examination, and what you’ll likely be asked during cross examination. It’s important to answer only what you’re asked and not elaborate unnecessarily. You’ll also want to remain respectful of the judge and opposing counsel, otherwise you’ll risk being held in contempt. Finally, be conscious of what your body language and tone are conveying to the jury. For example, if you come across as defensive, that could impact the jury’s perception of you just as much as the content of the answers that you provide on cross examination. Whether you’re struggling with legal troubles or you are likely to be called as a witness in someone else’s case, learning about cross examination can help you to understand what to expect and how to prepare. Discuss the ins and outs of cross examination with a lawyer today. Do you want to learn more about the legal process? Check out these related resources from the legal team at The Law Dictionary to learn more: "
Marijuana Laws by State,"State laws are constantly changing, and that is especially true with laws pertaining to the cultivation, sale, and use of marijuana (a slang term for cannabis). Marijuana laws by state are all over the map, so to speak. It’s fully legal in 19 states and the District of Columbia, and fully illegal in at least 6 states, with its status ranging between the two extremes in the remaining states. If you’re curious about cannabis laws by state, check out the chart below for a simplified answer to whether medical use, recreational use, or both are legal in your state. Every state that has legalized recreational use has also legalized medical use. Medical marijuana is used to treat qualifying health conditions — most commonly for treating pain and discomfort, but also glaucoma and post-traumatic stress disorder (PTSD). State regulations vary widely on how medical marijuana can be produced, dispensed, and consumed; and what conditions qualify for a medical marijuana card. State laws spell out all the details around medical marijuana, including the daily amount to which a patient is entitled, what form the marijuana can take, and whether the state allows home cultivation. For example, in California, medical marijuana can be produced in almost any form and users can grow it at home at a greater volume than for recreational use. On the other hand, in Alabama, medical marijuana must be consumed in a certain form (e.g., not in a flower or edible form) and does not allow users to grow their own. Rather than “get into the weeds” of marijuana laws by state, the chart below simply notes whether medical and recreational use are legal, illegal, decriminalized, or (in the case of medical use) whether only cannabidiol (CBD) oil is legal. We have linked to state-specific information from the Marijuana Policy Project in the first column of the table. The term “legal” means there are no criminal penalties associated with the use of marijuana or derived products. Each state has its own interpretation of whether that includes marijuana paraphernalia, cultivation, or sale. Every state with some form of legal marijuana use has its own licensing and taxation system for businesses that want to grow, sell, or finance it. Though use and retail sales may be legal, there may still be a lot of compliance hoops to jump through before a business can operate. Businesses must comply with regular licensing and taxation in addition to the more stringent rules related to marijuana. Legalization is not a free-for-all: The District of Columbia, for example, limits the number of dispensaries that can operate at one time. The term “illegal” means the use of marijuana is considered a misdemeanor or felony in the state. It is common to differentiate between states where use is considered a misdemeanor and where it is considered a felony. For our purposes, even where the status of the use has been lowered to a misdemeanor, it is still considered illegal. “Decriminalized” does not mean ‘legalized’ — it only means there are no criminal penalties for engaging in the decriminalized behavior, and that the sale and cultivation of cannabis remain illegal. There may still be consequences similar to a traffic violation, like fines. It could also mean only the first offense is decriminalized, with criminal penalties established for later offenses. In some states, only CBD oil — which is derived from the cannabis plant but without the psychoactive properties of THC in marijuana — has been cleared for medical use. Those states still may have limits on the percentage of THC allowable in the legal CBD oil, or other conditions. In states where medical use of marijuana is legal, CBD is included. Remember, when it comes to marijuana, laws by state can change rapidly. It’s a good idea to consult a legal professional for any marijuana-related legal questions. "
What to Know About a Roommate Agreement,"Whether you’re a young professional just starting your career, or you live in a big city where living alone is a true luxury, you have probably thought about getting a roommate. Most shared living arrangements begin amicably, but disagreements are bound to come up. Having an agreement in place may help prevent any misunderstandings and protect you from a lawsuit. Let’s take a look at roommate agreements and how they work. A roommate agreement is a written contract that outlines the agreed-upon terms for living together, and the rights and obligations for each person (‘tenant‘) living in a household. The agreement may also be known as a housemate agreement, roommate contract, or housemate living agreement. The agreement should address common situations that are likely to come up when living with someone. Top factors you’ll want to include are: Your agreement should list the names of each person who will be living in the residence and the name of the landlord. You could also include the specific bedroom each tenant will use and the term of the ‘lease.’ Your agreement should detail how each tenant will pay their portion of the rent. Include information about whether each tenant will pay the landlord separately, or if one tenant pays and gets reimbursed by the other roommates. If one roommate is going to get reimbursed, the agreement should state the time frame for repayment. You’ll also want to note whether rent is divided evenly or based on bedroom size. Detail if all bills (utilities, cable, internet, etc.) will be in one person’s name or if each roommate will be assigned certain bills. The agreement should detail what happens if one tenant moves out. You’ll want to know whether the person moving out will be responsible for finding a replacement tenant to cover rent and expenses, how much notice they need to provide, and how their security deposit is returned. Different cleaning styles can be challenging when living with someone else. A cleaning chart can help avoid conflict. You may want to include a schedule stating who is responsible for cleaning the kitchen, common spaces, bathroom (if shared), and emptying the trash and recycling. Setting the rules for guest visits will be a very important part of your agreement. Ideally, you’ll already have an idea of whether your roommate is a social butterfly or an introvert. One of the most respectful things you and your roommate can do for each other is state whether guests will be allowed, and if so, for how long, how often, and whether overnight visits are okay. Imagine coming home from a long day at work and wanting nothing more than to heat up your leftovers and fall into a food coma. Instead, when you open your refrigerator, your food is gone. Depending on how good those leftovers were, this scenario might just start a war. Keep the peace, and set up a rule for sharing food in your agreement. Not everyone wants to live with an animal, so your agreement should state whether pets are allowed. If anyone has a pet or decides to get one, your agreement should lay out the cleaning responsibilities and extra expenses associated with the pet. One important item to add to your agreement is whether or not your residence will be smoke free and/or alcohol free. You and your roommate are bound to have the occasional disagreement. To avoid major conflicts, your agreement should detail how disagreements will be handled. Will you and your roommate have an in-person meeting or will communication by phone call or text be allowed when one roommate isn’t at home? Unlike a lease agreement with your landlord, the entire roommate agreement may not be legally binding. Stipulations in your agreement, like not eating your roommate’s food or promising to keep your music down, will likely not merit taking your roommate to court. However, the financial aspects of your contract could be heard by a judge. So, if your roommate does not pay rent or utilities, you could file a suit and take them to small claims court. You can use this sample as a guideline and customize it based on your needs. The following parties, [enter roommate names], herein referred to as roommates, are co-tenants at [enter address]. The roommates have signed a lease dated [enter date], expiring on [enter lease termination date] with landlord, [enter landlord’s name]. [Each name of roommate] all agree to the following: 1. Rent. The monthly rent is [enter amount]. The roommates agree to split the rent evenly and each pay [enter amount]. Roommate A [insert name] will write a check for the full amount each month, paid to [enter landlord’s name], and mail the check to landlord on or before the first of the month. Roommate B [insert name] will pay Roommate A [insert name] [insert amount] each month [enter number] days before rent is due. 2. Security Deposit. [Enter roommate names] will split the security deposit of [enter amount] and each pay [enter amount]. 3. Utilities. Utilities will be under [Roommate A] name. [Roommate B] agrees to split utilities evenly and promptly reimburse [Roommate A]. 4. Spaces.[Roommate A] will occupy the large bedroom; [Roommate B] will occupy the small bedroom. Each roommate will use the bathroom attached to their room. 5. Food. Each roommate is financially responsible for their own food and drink purchases. 6. Cleaning. Each roommate will be responsible for cleaning their own bedroom and bathroom. Roommates will use a chore chart for the purposes of dividing the household chores for the rest of the apartment including the living room, dining room, and kitchen. The chart will state whose turn it will be to vacuum, dust, and mop on a weekly basis. Each roommate will promptly clean up after themselves in the kitchen. No one will leave dishes in the sink for more than 24 hours, and everyone will promptly clean up when asked. 7. Guests. Each occupant agrees to have no more than one overnight guest at a time and to inform the other residents in advance, if possible. Overnight guests may not stay more than three nights in a row. Each occupant agrees to no more than four overnight guests a month. 8. Moving Out Early. If a roommate wants to leave before the lease expires, they will give as much notice as possible (and not less than one calendar month) and diligently try to find a replacement tenant who is acceptable to the remaining roommate(s) and the landlord. The person leaving the residence agrees to continue paying rent and utilities until a replacement tenant is found. 9. Agreement is Complete and Binding. Roommates agree by their signatures to terms in this contract. Printed Name of Roommate A Signature of Roommate A Date Printed Name of Roommate B Signature of Roommate B Date Having a clear understanding of responsibilities and guidelines is the first step to a peaceful living arrangement with your roommate. Drafting a roommate agreement is a great way to help you and your roommate feel comfortable in your residence. If you’re still not sure what to do next, you can get help drafting one with a free attorney evaluation. "
What Is Domestic Tranquility?,"When most people think of the U.S. Constitution, they think of things like the right to free speech or the right to bear arms. But in its first sentence, the Constitution sets forth its commitment to ensuring “domestic tranquility.” What does that mean for us today? We’ll discuss what this concept is and how it affects us as citizens. The Constitution of the United States was written and approved by the original founding fathers in the late 1700s. It established a framework for creating one federal government that united the multiple colonies’ separate governments. In four handwritten pages, it sets out the organization and powers of three branches of the federal government and describes how citizens are represented by those branches. The Constitution consists of three parts: The preamble is a simple introductory paragraph that outlines the importance of the Constitution, why it was written, and the goals that it hopes to achieve as a nation: We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our prosperity, do ordain and establish this Constitution for the United States of America. The seven articles that follow set out the specific organization of the new federal government and the process for adopting the Constitution. Article I establishes the legislative branch, consisting of the House of Representatives (allocated to states based on their population) and the Senate (two representatives for each state). Article II describes the executive branch, including an elected President. Article III creates the judicial branch, establishing an independent Supreme Court and the authority for lower courts. Article IV and Article VI concern the relationship of the states within the federal framework. Article IV provides that each state’s laws may be different but are enforceable nationwide, while Article VI provides that the federal law trumps individual state laws. Meanwhile, Article V gives the legislature (representing the states) the means to change the federal law. These provisions are directly targeted toward achieving the goal of tranquility across the nation. Definitions of this concept vary. Most people likely think of peace at home -– that is, within a household. However, the drafters of the Constitution meant that it was the federal government’s primary responsibility to ensure peace and order in the land. Doing so meant bringing together many different groups who had formed 13 individual colonies based on diverse religious, political, and social beliefs. After leaving behind a tumultuous European political climate, the founding statesmen of the U.S. wanted to create a central government that protected its citizens from outside threats. That protection involved keeping a watchful eye on other countries, in addition to having a solid relationship with other foreign allies. The founders also wanted to ensure that their government encouraged its citizens to voice different opinions in gatherings or groups without government censure or oppression. They believed protecting citizens’ free expression was vital, and that the government has a duty to encourage peaceful marches or protests. Domestic tranquility encompasses both of these goals. To protect the country from outside enemies, the Constitution allocates the federal government the power to negotiate, enter into treaties, and declare war on foreign powers. It also attempts to ensure peace among the individual states by giving the federal government the authority to arbitrate disputes and disagreements. In an effort to encourage its adoption by the colonies, the Constitution allocated limited powers to the federal government and reserved most other powers to each colony as a separate state. The passage of the Tenth Amendment (as part of the Bill of Rights) specifically addressed this principle. The Constitution contains measures to help promote harmony and prevent disagreements between the states. For example, it bars states from discriminating against citizens of other states because of their residency and prohibits enacting tariffs on goods traveling between states. It also requires states to ‘extradite‘ those accused of crimes to other states for trial. Although the extradition measure helps states give ‘full faith and credit‘ to each other’s laws, as guaranteed in Article IV, it also creates the potential for significant conflict. What if one state refuses to enforce the law of another because it believes the law is immoral or unjust? In this situation, the Constitution gives the federal government the power to step in and arbitrate the dispute. As the U.S. has expanded in size and population, balancing the rights and wishes of its citizens is more difficult than ever. The White House notes that “[i]n order to prevent arbitrary changes, the process for making amendments [to the Constitution] is quite onerous.” This limits the ability of the federal government to change the document — for better or for worse. Preserving a peaceful, working republic requires a delicate balance between respecting each state’s autonomy and promoting the values of the nation as a whole. "
What Is Imperialism? Definition and a Brief History,"What is imperialism? Imperialism involves one country extending its authority over other countries or territories and gaining economic and political control over another country. Imperialism often arises through unprovoked military force and has been evidenced throughout history around the world. There are a variety of causes of imperialism. The reasons one country may want to exert control over other countries include: What is imperialism seeking to achieve? One main goal is to turn a country into a multinational monopoly. Throughout history, nations have used one of several theories to warrant unjustified use of military force. This theory is based on a country’s superiority complex. A well-developed nation believes that market domination is essential for preserving itself. Through securing access to market, material, political, or strategic advantages, a country is able to continue its success. This type of country believes it is entitled to success because of its superiority, usually due to an assumption of racial and religious domination. In some cases, a nation produces more goods than its population can consume. Securing outside markets through imperialism is seen as a necessity to reduce expenses and increase profit simultaneously thereby helping its economic position. This theory comes from socialism and communism thought-leaders Karl Marx and Vladimir Lenin. In order to avoid a world divided between wealthy and poor countries, this theory encourages the idea that all imperial powers unite to form a capitalist coalition. From there, they would jointly impact all other nations through imperialism. The new nations overthrown by the coalition would join to disperse goods and gains throughout the world evenly for the benefit of all. Under this theory, the purpose of imperial conquest isn’t for any economic or political gain. It’s classified as an age-old behavior of pointless conquest through power— and blood-hungry nations, or the “warrior class.” The warrior class would manufacture fake crises to exercise its military power. This theory says imperialism is used to maintain or bolster a nation’s power in the world’s constant power struggle. Here, imperialism aims to minimize a country’s military or political vulnerability. Imperialism and colonialism are often mistaken for being the same thing because they are linked. So, what is imperialism in the context of colonialism? An imperialist nation will send settlers to another nation to set up colonies. These colonies are under the control of the imperial nation and, although the settlers make their home in the new country, they remain loyal to their original country. The settlers act under imperialism by enforcing power in the new country, thus helping their original country increase its power. Imperialism is what keeps these colonies under control, and colonialism is the driving force that pushes imperialism forward. Colonization began during the Greek, Roman, and Ottoman Empires as improved transportation allowed colonists to easily invade other countries. Prior to building its empire, Rome was surrounded by wealthy and powerful nations. Under constant threat of war, Rome took over its closest neighbors to create a bigger army and land barrier. With a newly bolstered army, Rome set about conquering its territories’ enemies inherited from the first conquest. However, with each conquered territory, the Romans offered different benefits and rules, including Roman citizenship for some territories and only the right to conduct business in Rome for others. This created a system that made states highly suspicious of, and competitive with, each other to win favor with Rome. This worked to increase the power Rome had over each territory and enabled it to overthrow new ones. Eventually Rome made allies it could control without the use of military force. At one point, Rome held most of Europe (including France, Spain, Portugal, and Britain) as well as parts of Africa and Asia, although it had the largest cultural influence over Europe. After the Roman Empire’s collapse, Europe continued Rome’s imperialist expansion by using the method of dividing and conquering surrounding territories. The “New World” was discovered, and Britain, France, Spain, and Portugal each set about creating colonies of their own. For Spain, the gold of Inca Peru held the most allure. But shortly thereafter, they turned their sights to Mexico. At the time, this was a much larger expanse of territory than it currently is — spanning from California to Texas. Eventually, Spain’s territory grew to over half of the modern U.S. Meanwhile, the French attempted to colonize what’s now the U.S. with less luck than the Spanish and English. But, they succeeded in colonizing large chunks of Canada and held a small chunk of Florida (Floride française). They also held some pieces of the U.S. like Michigan and Louisiana. The English, of course, “owned” Britain at the time. The British Empire set about taking over America starting in Jamestown, Virginia. British colonization also resulted in the takeover of numerous territories throughout the world, including Australia, Canada, India, parts of South America and Africa, and parts of the Caribbean. The result was war with indigenous tribes throughout the world, America’s battle for independence, and the concept of Manifest Destiny. The ‘Scramble for Africa‘ saw European countries work together to partition countries in Africa in order to take control of raw materials like gold, diamonds, copper, and tin. After gaining independence from Britain, the U.S. set about on its own imperialist conquest. Known as the Manifest Destiny, the belief was that America was destined by God to spread its form of democracy, freedom, and culture across North America. First, the U.S. purchased Louisiana from France in 1803 in the Louisiana Purchase. This property spanned from modern Canada down to New Orleans and covered 828,000 square miles of new territory. Next, Texas fought for independence from Mexico and the question of the Oregon Territory was settled. The Mexican-American War resulted in the annexation of an additional 525,000 square miles of Mexican territory from parts of New Mexico to parts of California. One of the better-known examples of American imperialism is the annexation of Hawaii in 1898 because of the Spanish-American War. America’s commitment to imperialism led to the displacement of Native Americans, slavery, and the resulting Civil War. Yes, but what is imperialism today? Now, imperialism means countries expanding power, control, political influence, and cultural ideals. One might argue that the United States’ involvement in the affairs of other countries is imperialism at work. Today, imperialism mostly takes the form of international law where countries, especially global superpowers, impose political and economic interests at the expense of less powerful nations. Imperialism touches on climate change, health disparity, continued social and racial discrimination, religious persecution, and sovereignty. However, nations wanting to expand their territory and make a “show of force” without provocation are acting like the empires of old. So, whether a country takes control of or power over another by fear, force, political, or economical means, it acts in an imperialistic way. Still asking yourself, What is imperialism? In the context of economic development and business decisions, you can find expert advice to avoid treading on the rights of others or violating U.S. laws. "
What Is Restitution?,"If you were subject to a breach of contract, had a piece of property stolen from you, or have been the victim of another crime, you may have a legal right to restitution. So, what is restitution? Learn more about restitution, how it works, and if it applies to you. Restitution is a remedy that occurs in both civil and criminal cases. Courts may order a defendant to either return something they took or, if they committed a crime, compensate the victim of that crime. In either case, the goal is to compensate the injured party for losses suffered as a result of someone else’s wrongful actions. In civil cases, restitution occurs when the defendant has been unjustly enriched due to a wrongful act or breach of contract. In other words, the defendant has benefitted at the expense of someone else (plaintiff). In these cases, a judge does not focus on a plaintiff’s losses but rather the defendant’s wrongdoing. The defendant will usually be ordered to pay the plaintiff an amount equal to the benefits or profits the defendant unlawfully earned. For example, let’s say Diane agrees to let her friend Jack use her boat during his weekend at the lake. Jack decides to unlawfully sell Diane’s boat and makes a profit. If Diane sues Jack and asks for restitution, the court can order Jack to forfeit the profit he made and give it to Diane. In this case, the purpose of restitution is to restore Diane to where she was before her boat was sold and to prevent Jack from keeping the money he made and being unjustly enriched. What is restitution in a criminal case, compared to civil cases? Generally, it’s a court order for a person who committed a crime (defendant) to financially compensate the victim of that crime. Each state has its own laws regarding restitution for victims. In every criminal trial, regardless of whether the victim asks for it, the court is required to consider whether the defendant must make restitution to the victim of the crime. Courts will use guidance under the Mandatory Restitution Act of 1996 to determine the amount of restitution a victim should receive. For public policy reasons, courts order restitution as a way to make a victim whole. While money will not replace the suffering a victim may have gone through as a result of a crime, it may help cover financial losses someone has suffered as a result of the defendant’s crime. Depending on the state, restitution may cover: Restitution does not cover: What is restitution and how does it work for those that are able to receive it? Eligible groups include the following: Restitution is paid to the person who suffered the harm or loss as a result of the defendant’s actions. In civil cases like a breach of contract, a court may order restitution to an individual, business, or corporation. In criminal cases, restitution may be paid to the victim, or in some states like North Carolina, the victim’s estate. The Crime Victims’ Rights Act entitles any person considered a victim to restitution. Certain parties other than the victim may receive restitution. These are usually an individual, organization, corporation, or association that helped a victim, like a victim’s advocate organization. The court will take the victim’s losses into consideration when determining an amount for restitution. Often, victims may prove their losses by providing medical bills, information documenting lost wages, receipts for replacement property, or any other document stating the financial amount the injured party lost. The court must also consider a defendant’s ability to pay when it’s time to calculate the restitution amount. A court will look at the defendant’s assets including real and personal property, the defendant’s ability to earn a living, and other financial responsibilities the defendant may have. Payments may be made in one lump sum or, most often, in installments. Keep in mind that receiving restitution payments may take years. If a defendant is sentenced to prison, the payments may be processed as part of a criminal sentence. However, it is unlikely that defendants are able to pay while incarcerated thus many restitution payments begin after a defendant is released from jail or prison. Defendants on parole or probation may also be subject to making payments and failure to do so could result in a parole violation. Defendants may even be subject to civil remedies including wage garnishment and ‘liens.’ Companies can also be required to pay restitution as part of a settlement agreement. For example, pharmaceutical companies have been court-ordered to pay restitution to those affected by the opioid crisis. However, even victims in these large corporate cases can find it difficult to recover restitution. If you still have questions about what is restitution, you may benefit from speaking with a lawyer. Get started today and find help from a criminal defense attorney. "
Filing and Paying Back Taxes,"“Nothing is certain but death and taxes,” quipped Benjamin Franklin. Indeed, many people dread Tax Day even more than death since Tax Day comes every year. If you’re one of the many Americans who have fallen behind on their tax filings, learn how to pay your back taxes and resolve your issues. The term “back taxes” — tax amounts due in prior reporting periods that remain outstanding — typically refers to federal taxes, penalties, and interest owed to the IRS. However, you may also owe unpaid tax debts to local or state tax agencies. The simplest way a person or corporation may owe unpaid taxes is if they fail to file a tax return. They may also find themselves liable for tax debt if they underreport income or profits, fail to make full and timely payment of their taxes owed, or claim deductions incorrectly for a reporting period. For example, many individuals receive assistance with health insurance premiums purchased through the marketplace. These subsidies are based on their projected income. If they make more than they anticipated, they may have to repay some or all of the subsidized amount when they file their tax return. Most U.S. citizens and permanent residents must file a federal tax return. The IRS sets minimum income thresholds that vary depending on age and status (i.e., married, single, head of household). Even if you are not required to file a tax return, you may benefit from doing so to access all applicable tax credits and refunds. Each state has different rules regarding income, property, and corporate taxes. Individuals who reside in one state and earn income in another may have to file tax returns in multiple states. Even death can’t hold off taxes — in most cases, a decedent’s spouse or personal representative must file one final return on their behalf. If you don’t file a return at all, the IRS may file a ‘substitute for return‘ (SFR) on your behalf. This may result in a higher tax burden than if you had filed a return yourself, because it will not capture potential deductions like business expenses, charitable donations, or medical expenses. Consequently, you may owe taxes you don’t even know about. If you receive income legally, the IRS probably already knows about it — employers report payroll details directly to the tax authorities. Even if your income is obtained illegally or goes unreported, you must still pay the appropriate taxes. (Al Capone learned this the hard way, earning 11 years in prison for failing to file back taxes on the profits from his mafia enterprises.) There are significant penalties for unpaid taxes in addition to potential jail time. The IRS levies a ‘Failure to File Penalty‘ of 5% of your unpaid taxes for each month or part of a month that your tax return is late. It also assesses a penalty of 0.5% of the unpaid taxes for each month or part of a month the tax remains unpaid. (These penalties offset each other, and they won’t exceed 25% of your unpaid taxes.) The IRS can file a ‘levy,’ allowing it to garnish a portion of your wages, seize money from a bank or other financial account, and sell your vehicle or other personal property to pay your debt. The IRS can also file a Notice of Federal Tax Lien, a public record that notifies current or potential creditors of your outstanding tax debt. In the short term, a tax lien can impact your ability to get a loan, mortgage, or other line of credit. If your tax debt remains unpaid, the IRS can take ownership of the liened property. If you have significant delinquencies, the IRS may refer your debt to the State Department — which can deny your application for (or revoke) your passport. You can file tax returns at any time for any year that you did not file, or you can file an amended return if you need to make substantive corrections. (The IRS automatically checks your calculations, so it’s not necessary to file an amended return for math errors.) If you need more time to file, you can request an extension; however, this does not extend your deadline to pay any taxes that you owe. The IRS recommends you estimate your taxes due and pay by the regular due date to avoid penalties and interest. If you are unable to pay your back taxes, you have a few options. You can ask the IRS to set up an installment payment plan for the entire amount. Or, if you’re eligible, you may be able to negotiate an ‘offer in compromise‘ to settle your obligation for less than full value. For state and local taxes, contact the applicable department of revenue directly to discuss resolution. If you are unable to pay, you can ask the IRS to designate your account as ‘currently not collectable‘ (CNC). This pauses its immediate collection efforts, but penalties and interest continue to accumulate. At a minimum, the IRS has three years to audit your tax return after the date it was due or the date you filed it, whichever is later. This ‘statute of limitations‘ climbs to six years if your return includes a “substantial understatement of income” (generally, a failure to report more than 25% of your gross income). If the IRS determines that your substantial understatement was fraud rather than error, it has an unlimited amount of time to perform an audit. Additionally, there is no statute of limitations if your underpayment of taxes was due to overstating deductions or claiming credits improperly. If you haven’t filed a tax return at all, or file a fraudulent return, there is no statute of limitations for the IRS. It can come after you for these back taxes at any time — for the rest of your life. There are numerous other loopholes that extend the collection deadlines, so rolling the dice isn’t the best strategy. Resolving outstanding back taxes can be tricky because the tax laws are complex and change significantly over time. An experienced tax attorney may be able to help you negotiate a reduction in fees, penalties, and interest charges. Don’t wait any longer to settle your tax debt. "
Is Cyberbullying Illegal?,"Is cyberbullying illegal? The answer is yes. Most states have cyberbullying laws that come with criminal charges. Additionally, you may also face civil liability and be subject to monetary penalties. Here’s a guide on cyberbullying laws and how they might affect you The general definition of cyberbullying is the “willful and repeated harm inflicted through the use of computers, cell phones, and other electronic devices.” A good cyberbullying definition also includes the different names by which this crime can be called, such as electronic bullying, e-bullying, SMS bullying, or online harassment. Cyberbullying examples include: There are no federal laws regarding online harassment, but is cyberbullying illegal in your state? In 44 states the answer is yes, and these states prosecute cyberbullying as a crime. In states where cyberbullying isn’t a crime, statutes may still require schools to prevent bullying and protect victims in other ways, such as: Another solution to online harassment is civil liability. Cyberbullying leads to other torts, which can provide monetary damages to compensate victims or their parents. Most states group cyberbullying laws with other anti-harassment statutes. For example, Alabama’s harassment statute explicitly includes written or electronic communications. Online harassment by itself is a misdemeanor. Penalties may include fines, imprisonment of up to one year, community service, and protective orders. If the online harassment caused more serious crimes — including assault, battery, rape, or murder — the defendant could face felony charges. Forty-six states — except for Alabama, Michigan, Montana, Nevada, and New Hampshire — require schools to conduct disciplinary procedures if a student commits an act of cyberbullying. California, for example, allows schools to suspend a perpetrator or recommend expulsion. State laws may also allow schools to consider rehabilitation. Aside from suspension and expulsion, Texas law includes alternative education programs for the perpetrator as an option after a cyberbullying incident. Every state but Montana requires schools to enact policies against bullying, including online harassment. Generally, the statutes require policies to help identify cyberbullying and create disciplinary procedures. For example, Washington schools must designate a primary contact who implements anti-bullying policies and receives complaints. The policies must also include provisions specifically protecting transgender students and developing prevention tactics. Texas law requires policies to specify the circumstances of cyberbullying and resulting disciplinary action. In addition to the cyberbullying incident at issue, schools must also consider intent, disciplinary history, disability, and other challenging circumstances when forming their response. There are 25 states that allow schools to regulate off-campus behavior. The Supreme Court authorized schools to address behavior outside of school hours if the behavior involved serious threats or bullying against teachers or other students. States with these laws generally take the same approach as the New York legislature. They recognize that most cyberbullying happens outside school hours and disrupts students’ lives and educational progress. So, the laws seek to reduce that threat and enhance student safety. Is cyberbullying illegal in your state? Even if the answer is “no,” that doesn’t mean cyberbullies escape from other consequences. While you can’t hire an attorney to file a “cyberbullying complaint,” your issue may fall under other torts, including: Why is cyberbullying illegal? The impacts of online bullying can be far-reaching. Laws and policies are intended to reduce those impacts and punish offenders. According to the Cyberbullying Research Center, 27.2% of 14-year-olds and 27.7% of 15-year-olds reported being cyberbullied in 2021. While it’s easy to argue that bullying is nothing new, cyberbullying can have substantial impacts on victims Many school policies encourage kids to tell a trusted adult if they face cyberbullying. However, teenagers are often reluctant to “snitch” on their peers. So if you notice any sudden changes in your child, make sure to talk to them about cyberbullying and let them know you can help if they’re being harassed online. If cyberbullying is a crime in your state, there’s a good chance minors could face charges in the juvenile criminal system. When it comes to juvenile offenders, states focus on rehabilitation rather than punishment. Depending on the extent and impacts of cyberbullying, a minor may face: Your child may not be the only one who needs a lawyer in a cyberbullying case. Many states have parental responsibility laws, which hold parents responsible for their children’s torts and crimes. Parental responsibility laws often apply to firearm access, car accidents, property damage, and internet crimes, including cyberbullying. If a court finds you responsible for your child’s cyberbullying, it may impose: If a court finds an adult guilty of online harassment or cyberbullying, the focus turns to punishment — not rehabilitation. Since online harassment is a misdemeanor, you may pay fines up to $1,000 and serve up to one year in prison. If cyberbullying harmed you or your child, you may need a local personal injury attorney to help you pursue damages. But if you or your child need a criminal defense attorney to address allegations of cyberbullying, this resource can help you get a criminal defense evaluation from a local attorney. "
Independent Contractor Misclassification: Explanation and FAQ,"If you’ve done contract or freelance work, you may have experienced situations where you felt as though you expected to work like an employee — but without the benefits. With the growth of the “gig economy” anyone from janitors, dock workers, to home health aides are at risk of experiencing independent contractor misclassification. Worker misclassification can be pervasive. It isn’t limited to small businesses or start-ups, as even large companies like Uber have been alleged to have wrongly classified their contractor workforce. Adopted by some companies as a business strategy, independent contractor misclassification almost always results in wage underpayment and diminished benefits, among other disadvantages. Knowing who an independent contractor is, how that varies from a traditional employee, and what you can do if you feel you’ve unfairly received independent contractor misclassification is central to determining your plan of action for fixing the problem. An independent contractor or “freelancer” is a self-employed individual or entity who works as a non-employee for another entity. According to the IRS, the operative factor is that independent contractors are in business for themselves. Here are the common types of independent contractors: An individual business owner who is offering services to other businesses is generally considered an independent contractor. Many companies will pay individuals/entities to perform work for them on a contract basis to avoid the costs and responsibilities that come with hiring employees. However, employers are not allowed to treat contractors as employees. The essential difference is how much control and independence the individual or entity have over the following factors: If these factors are controlled by the worker, then it is more likely that this type of job is an independent contractor relationship rather than an employment arrangement. It’s also important to note that state and federal regulations about who exactly constitutes an employee can vary. Classifying a worker as an employee or independent contractor is more about actual actions the worker and employer may take, rather than their intent. As a non-employee, an independent contractor must pay their own Social Security and Medicare taxes out-of-pocket. On the employer’s side, they are not required to provide independent contractors certain employment benefits such as health insurance and are ineligible for employer-sponsored retirement accounts that they might otherwise give to their standard employees. Hiring and retaining contractors is far easier and cheaper than recruiting full-time employees. Even if they’re paid at commensurate rates, contractors tend to be less expensive to retain. The reason for this is clear: They can’t legally demand fringe benefits, paid vacation time, insurance, or other perks that come with full-time status. You shouldn’t be confused about whether you’re a contractor or full-time employee. If you are, you can determine your status a few different ways, including: Independent contractor misclassification is more common than you might think. In fact, 10-20% of workers are misclassified as independent contractors, according to some estimates. It typically goes unnoticed by the worker until a work-related dispute arises. When an employer classifies a worker as an independent contractor even though they are treating them as an employee, it means that that the employer is not paying that worker’s share of taxes. So all of the income taxes, Social Security taxes, Medicare taxes, and unemployment taxes from that employee are not available in the overall social insurance pot for the broader workforce. If you’ve been misclassified as an employee, you can file an SS-8 Form with the IRS. If you believe that you need the IRS to properly determine your status as either an independent contractor or an employee, this determination usually takes the IRS about six months to ascertain. The allure of contract employees is strong enough to encourage some employers to bend or break the law. It’s not uncommon for smaller, cash-poor companies to require “contracted” employees to work in full-time capacities more typical of an employment relationship. While this arrangement is not technically illegal, it may invite closer scrutiny from the IRS. Depending upon the rules that the pertinent contractors are required to follow, the IRS or Department of Labor could well deem them to be “extra-legal” full-time employees. As such, the IRS could penalize the employer with back taxes. You can also file a lawsuit to claim unpaid wages and lost benefits if you feel you have a case against an employer who misclassified you as an independent contractor. If you feel this tactic has been a business strategy and that your employer intends on skirting the law through their actions, you may have a viable 1099 misclassification lawsuit claim. If you believe you might be subject to independent contractor misclassification, and need the expert advice of a professional to look at the facts of your claim, consider getting a free initial review from an attorney today. "
How to Check My Criminal Record: A Guide,"Sometimes an employer or agency needs to run a background check. You may ask yourself, Do I even know how to check my criminal record? You’re not alone; people often don’t know their rights when it comes to their own criminal history, let alone the process for accessing this information. You’re entitled to get a copy of your criminal record (which is typically public information) to check for accuracy and completeness. In this article, you’ll discover what a criminal record contains, where you can find it, and who else has access to it. A criminal record typically contains basic identifying information about an individual and records of any criminal procedures. Most records include: Details of the conviction might vary across jurisdictions. Criminal information often includes: Knowing how to check your criminal record is key. The first thing to know when seeking a copy of your criminal record is that there is no universal, nationwide criminal record register. Rather, records are stored in many different local, state, and federal systems, depending on the severity of the crime, the arresting law enforcement agency, and the court where you were tried. Most felonies and severe crimes for which you were fingerprinted will have been reported to the FBI, and this is the best place to begin your search. To apply for a Criminal History Summary (also called an Identity History Summary), you must: While most felony convictions are reported and sent to the FBI, misdemeanor convictions are not always submitted. To get a record of your misdemeanors, criminal infractions, or even proof that you have no record, contact the state or local authorities in which the arrest or conviction took place (or, if you have no criminal record, your local jurisdiction). Typically, you can start by contacting the Department of Justice or state police department. For example, knowing how to check your criminal record in California requires you to apply to the Department of Justice to route your request. Fees, identification, documentation requirements, and forms will vary by state, county, and municipality. Most states will get your criminal record to you within two to four weeks. Your criminal history will typically indicate any record of misdemeanors, felonies, sex offender information, any court records, DUIs, parole violations, convictions, and sentences. It also notes any guilty or not guilty verdicts and whether there is an active warrant for your arrest. Knowing how to check your criminal record can be useful for any number of reasons. The reasons why you’d need to access this information include: You can contact the FBI directly for this information. Be sure to allow five to six weeks for processing and delivery. Government agencies can see your criminal record without your consent. However, employers and schools must obtain your consent before being able to access your criminal record. If you do not consent upon inquiry, you will most likely be declined from the job application. Beyond employers, access varies greatly among states. For example, in Georgia, felony convictions are public record and available upon payment of $15 and submission of the name and date of birth of the felon. There are also online services that sell what is publicly accessible for a fee, although these records may not be entirely complete. If you need help with looking into your criminal report, speak with a professional today about how best to obtain one. "
What Does Emancipation Mean?,"Before minor children reach adulthood, parents or legal guardians make decisions for them. Sometimes, minors can gain control over their lives earlier by seeking “emancipation.” Below, we’ll discuss the who, when, where, and how of emancipation, and answer the question, What does emancipation mean? An emancipated person is no longer under the financial, legal, or physical control of their parent or legal guardian. Common emancipation synonyms include liberation, release, or discharge. Minors get emancipated for a variety of reasons, including the desire to be independent, to escape an abusive or neglectful household, or even to access more federal student aid. There are general pros and cons to emancipation for kids and their guardians. The benefits of emancipation for a kid include: Drawbacks to being emancipated from parents include: Benefits include not being responsible for the bad behavior of the child and not having to pay child support to an ex-spouse. The drawbacks to emancipation for a parent include losing decision-making authority over their child, possibly losing a relationship with their child, and having to go to court throughout the process. The laws vary by state, but the minimum age to petition for emancipation can be 16, 14, or there may not be a minimum age at all. Usually, children apply to be emancipated from their parents. In rare instances, parents can apply to be emancipated from their children, such as when a child abandons the home and refuses to come back. What emancipation means is the same either way: There is no longer a legal duty for the parents to care for the children. Emancipation from parents occurs naturally when an individual reaches the ‘age of majority,’ or adulthood. In most of the U.S., the age of majority is 18. Exceptions include Alabama and Nebraska, where the age of majority is 19; and Mississippi, where the age of majority is 21. Other events can start the emancipation process, with the rules varying by state. The most common include military service, marriage, and financial independence. Under federal law, a minor can enlist in the military at 17 years of age with parental consent. In some states such as New York, enlisting in the military full-time automatically emancipates a minor from their parents. What does emancipation mean in a marriage context? State laws vary across the board. Many states set the minimum age to marry at 18, with exceptions for parental or judicial permission. In Kentucky and New York, a 17-year-old can petition to marry and will be emancipated automatically if and when permission is granted. In Arizona, a person between 16 and 18 years of age can marry either with parental consent or if they have been legally emancipated. Sometimes, all a minor has to show is financial self-sufficiency to qualify for emancipation. In Connecticut, if you are 16 years old, living apart from your parents (with or without their permission), and are financially independent, you can be granted a legal emancipation. Using Connecticut as an example, a 16-year-old can gain emancipation by showing “good cause” — meaning any valid reason other than the ones mentioned above — as to why emancipation is in their best interest. A judge can order emancipation without a request in very rare cases, such as instances of child abuse or neglect. In these instances, the minor usually ends up in foster care or as a ward of the court until further action is taken. Emancipation is a legal concept throughout the U.S. and in many other countries. The parameters vary by state. For example, Massachusetts courts do not have a formal emancipation procedure, but a judge can grant it if it’s in the child’s best interest. Generally, you can seek emancipation by filing a petition (like this form in Connecticut) in family court. The judge will hold a hearing where you can present and discuss evidence before a decision is made. You must show it’s in your best interest to be independent, and that there is no hidden agenda, such as a parent trying to avoid paying child support. Start by checking online for your state’s rules and procedures on emancipation, finding the appropriate family court in your jurisdiction, obtaining a formal emancipation form (if applicable), and proving the necessary conditions before the court. Required conditions under California law, for example, include: At the end of the day, it is up to a family court judge whether emancipation is granted. A judge may suggest alternatives such as family counseling or living with a friend or relative before granting emancipation. If you or your child are considering applying for emancipation, seeking guidance from an experienced family law attorney can help you consider alternatives and navigate emancipation in your state. "
How to Get Small Business Grants for Felons,"Having a felony on your criminal record can make finding employment difficult. Employment background checks can reach back many years. Though many businesses do hire felons, it may be more appealing to be self-employed. Starting your own business, however, requires start-up funds which can be hard to come by after serving prison time. The good news is both public and private entities offer grants and other funding for felons re-entering the workforce. Below are five helpful tips on how to get small business grants for felons. Both loans and grants are methods of lending money. Loans must be paid back, often with interest, and can generally be used for any reason. Grants are issued to carry out an idea and are usually competitive. They do not have to be paid back unless you violate the terms, which is why they are often described as “free grants.” For felons just re-entering the workforce, this can be a relief. Grant programs still require a lot of work — for example, the federal grant life cycle includes an application process for each funding opportunity, the award, and a post-award reporting and closeout process. Do you have creative skills, like building furniture, drawing, or writing? What about landscaping, construction, or driving? Websites like HireFelons.org provide ideas for felon-owned businesses if you need inspiration. These days, almost anything can be monetized, especially if you have an online presence. Organizations like Inmates to Entrepreneurs offer courses on pursuing self-employment after incarceration and tips for accessing grants for felons, and success stories pertaining to all sorts of business ideas. You can even start taking courses before you’re released from prison. While you may already have skills you can leverage into a small business, you may also want to learn new ones. The Pell Grant program offers educational assistance to ex-convicts and has expanded to include some currently incarcerated individuals. Having a business plan is the first step in applying for a grant. Grant programs want assurance you are serious about your idea. It just takes planning and research at the outset. Small business plan templates and planning tools are available online. They may seem like a lot of work, but the more detail you put into your plan at first, the more prepared you will be in the grant application process. Most business plans include: Search for state or local programs that help formerly incarcerated individuals create business plans, such as the Florida-based LEAP program, which helps female felons re-enter the workforce, or small business development centers located around the country. Many websites aggregate information on small business lending for felons, such as Help for Felons or Free Grants for Felons, where you can search by state. The most common business funding options for felons are federal grants, second chance grants, private grants, and angel investors. The U.S. government has recognized the value of helping felons get their businesses running after being released. Their main grants website is full of information on qualifications, funding opportunities, and the grants application process. There are also microloans and other assistance measures available from the Small Business Administration, which must be repaid. The terms “second chance” and “fair chance” are synonymous with workplace re-entry assistance across the U.S., usually through state- and local-level or large firm initiatives. Searching online for second chance grants could yield helpful results, such as Virginia’s second chance assistance programs. Check out your state and local chambers of commerce to learn about funding sources in your area. Depending on the nature of your business, there may be a private grant available. Free Grants for Felons has a list of private grant opportunities such as the Doris Day Animal Foundation grant for felons who want to help animals. Large companies like FedEx offer competitive funding for small businesses. Search online for other private grant opportunities. Angel investors are former entrepreneurs who invest their own money in new business ventures in exchange for partial ownership. They often serve as mentors to the business founders given their successful backgrounds. The challenges to finding angel investors include sometimes needing a sophisticated business plan, existing customer base, and other aspects of a fully formed business, such as an exit strategy. One benefit to angel investing is that you don’t have to pay back their investment if your business fails. Remember that the grant application process is competitive. Don’t be discouraged if you don’t succeed in your first application. The good news is that you can use the same application materials more than once — so apply to as many grant programs as you can. If you’re seeking funding for a business idea, an experienced business attorney can guide you through the grant application process. Get your business idea off the ground today. "
What Is Breach of Contract?,"Ever made a deal with someone who didn’t hold up their end of the bargain? Or, maybe you’ve failed to perform your end of a contract, and you’ve been sued for a breach. So, what is “breach of contract?” Below are examples of what this is and your legal options in certain hypothetical situations. First, what is a contract? A contract is a legally-binding agreement, meaning it can be enforced by a court. There are three elements to a contract: One party to a contract makes an offer, the other party accepts it, and they agree to trade something of value (“consideration”) for the good or service being rendered. For a contract to be valid, and therefore enforceable, you need all three of these elements. The following factors can make a contract invalid: If you do have a valid contract, and one party doesn’t perform, they may have committed a breach of the contract. Simply failing to deliver does not fully describe what a breach of contract is. There are three main categories of breach of contract: Material, minor, and anticipatory. A ‘material’ breach of contract, also known as a fundamental breach, occurs when a party gets something “substantially” different under the contract than what they were promised. A ‘minor’ breach of contract, also known as a non-material breach, occurs when some non-essential portion of the contract was left incomplete. This can often occur when a contract is fulfilled late. An ‘anticipatory’ breach of contract, also known as anticipatory repudiation, occurs when it becomes clear a party won’t perform their part of a contract, but the actual breach has not happened. It can be material or minor. A non-breaching party may try to terminate the contract, avoid unnecessary expenses, and pursue damages before a material breach. Suppose you close on a house, but the seller refuses to hand over the deed and keys to the house. This would be a material breach of contract since the keys and the deed are an essential part of the transaction. Or, say you ordered 100 pairs of tennis shoes for your business, and the vendor sent 100 pairs of soccer cleats. If the vendor refused to refund you or correct the error, it would be a material breach since tennis shoes and soccer cleats are substantially different. For instance, you agreed to have your walls painted french white in an eggshell finish, but the painters used a satin finish instead. This would likely be a non-material breach because the painting was done and in the correct color – but the finish was off slightly. You may still have a case if there are costs associated with repainting, or you are charged for the more expensive finish. Let’s say you own a bookstore and you ordered $1,000 worth of hardcover books. You were shipped $1,000 worth of softcover books instead. What is the breach of contract here? If they were otherwise the correct titles, it may be viewed as a minor breach unless there are special circumstances. If, for example, you had an author signing and they would only sign hardcovers, you may be able to claim damages. Additionally, performing a contract late is usually considered non-material, unless your contract states your deadlines are firm and non-negotiable, or “time is of the essence.” You’d still need to prove late performance cost you or harmed you to seek damages. Using the housing example, say the seller tells you one week before closing they won’t hand over the deed or keys. What is the breach of contract here? They haven’t technically breached yet, but it’s clear they will. Another example would be the hardcover versus the softcover books you ordered for your store. The vendor takes your money and tells you they’ll ship you the books. But a week before they’re supposed to be there, they tell you they’re shipping softcover books, and won’t refund you. What’s next if you breach a contract? Typically you or the other party would go to court after a breach if you can’t work it out yourselves. A lawyer looks at several factors before taking on a breach of contract lawsuit: There are two general ways to remedy a breach of contract: Seeking equitable remedies or legal remedies. What is breach of contract going to cost you, aside from monetary sanctions? Equitable remedies require some sort of action or change of the contract when money is not enough. A court can award one of several remedies: What is a breach of contract legal remedy? Legal remedies usually take the form of ‘damages,‘ which are sums of money awarded to a winning party to compensate for the harm they suffered as a result of the breach. “Compensatory damages” put the non-breaching party in the position they would be in if the contract was performed. For example, the non-breaching party could purchase a replacement product if the correct one wasn’t delivered. The damages must have been foreseeable and the non-breaching party has a duty to ‘mitigate‘ their losses. “Liquidated damages” are pre-calculated in a contract when actual damages would be hard to calculate. A ‘non-compete contract‘ is a common example (however — as with other areas of contract law — not all states will enforce non-compete clauses in contracts). “Punitive damages” are meant to punish the breaching party for an intentional or malicious breach of contract. Additionally, attorneys fees and court costs can sometimes be awarded to a winning party in a breach of contract lawsuit. Are you still wondering, what is breach of contract supposed to look like? What does breach of contract mean in my situation? Your next step is to contact an experienced business attorney who can offer guidance. "
What Is Racketeering?,"You may be familiar with racketeering in the context of prosecuting mafia groups like the Genovese and Gambino crime families and the Chicago Outfit. In addition to numerous prosecutions of organized crime, authorities have brought racketeering charges against groups like the Hell’s Angels, the Los Angeles Police Department, and Major League Baseball. Racketeering charges have brought down corrupt politicians like Rod Blagojevich and financial fraudsters like Michael Milken. But what is racketeering, exactly? Unlike most other crimes, racketeering refers to a pattern of illegal activity as part of a larger enterprise and not one specific crime. This makes it similar to the crime of ‘conspiracy,’ which requires criminal action by two or more people. Racketeering involves well-organized groups of people conducting a pattern of illegal business activities for profit. It is codified in federal law at 18 U.S. Code Chapter 96: Racketeer Influenced and Corrupt Organizations (RICO). One well-known example of a RICO scheme is a ‘protection racket,’ where a gang offers protection for businesses against vandals and punishes non-payment with violence or vandalism. However, racketeering is far broader than this; many types of crimes can fall under the definition. To be convicted under RICO, an individual must have: RICO allows prosecutors to tie crimes together that further a criminal enterprise in order to enhance the penalties. For instance, a person who breaks two windows in furtherance of a protection racket’s agenda would face more severe penalties than if they had merely engaged in the acts as an isolated event. RICO also provides a means for parties damaged by a criminal organization to pursue compensation. Victims can bring civil lawsuits against individuals, businesses, or groups for damages they suffered due to the criminal organization’s actions. Both federal and state laws allow significant multipliers on recoverable damages, i.e., a victim may be entitled to recover three times the amount of their actual damages. Federal law lists more than 35 crimes as predicate acts, including: Many more offenses can support a charge of racketeering; definitions in 18 U.S. Code § 1961 set out more than 50 specific offenses and several catch-all provisions. Most states also have RICO laws listing additional offenses under a similar prosecution framework. For RICO to apply, a person’s criminal actions must be related to a ‘racketeering enterprise.’ This can be a criminal organization like a crime family, street gang, or drug cartel. A legitimate corporation or other non-criminal association like a corporation, political party, or managed care company can also be the enterprise through which individuals commit racketeering crimes. For example, an organization campaigning for a new law may have many innocent members who genuinely believe in its mission, along with individuals using it to embezzle funds. The third requirement is a pattern of ‘racketeering activity.’ This requires two underlying acts within 10 years and evidence that the acts are related to or threaten continued criminal activity. Examples include: Racketeering charges will likely apply to many other situations as the world’s criminal landscape changes. Although RICO was enacted mainly to prosecute organized crime, mafia-type groups are no longer as powerful and prevalent as they were in the 1970s and 80s. However, federal prosecutors continue to use the racketeering statutes to combat crime. Examples of recent prosecutions include: Racketeering enterprises like the mafia, street gangs, and human trafficking organizations are often brought down after large-scale investigations by law enforcement. However, RICO prosecutions also depend on information and testimony provided by individuals. Individuals and organizations such as political action committees, street gangs, protest groups, terrorist organizations, and financial organizations are the subject of ongoing RICO investigations. These groups can have many members who do not knowingly participate in or support their illegal activity. People who become aware of criminal activity in their organization are protected from retaliation or harm if they “blow the whistle” about racketeering. They may also be entitled to compensation if they have suffered damages. RICO no longer has a set penalty. Current federal sentencing guidelines assign values to every federal crime using a point system of 1 to 43, representing escalating baseline prison terms and fines. RICO offenses are initially assigned a 19 or the level of their highest predicate crime, whichever is greater. For example, making a payment to obtain public office usually has a base level value of 8 points. If this is one of the predicate crimes used for a RICO charge, it will escalate to 19 points. On the other hand, first degree murder has a base value of 43, which would stay the same. The guidelines provide conditions that can increase or decrease the penalty schedule and allow some judicial discretion. Prison terms can vary significantly from case to case. This is because sentencing takes into account many factors, including the circumstances of the crime, the defendant’s criminal history, and the damage to the victims and society at large. A convicted defendant faces a maximum penalty of 30 years to life imprisonment for each count of racketeering. They can be fined up to twice the amount of their illegal profits. They also forfeit all rights in the enterprise (such as their elected office or stock shares) and profits from the racketeering activity. This helps protect the public from corrupt individuals returning to criminal activities in different roles. Now that you can answer the question, What is racketeering? you’ll know what to do if you suspect that you may have information about a racketeering organization. If you’ve been charged with a racketeering offense, consult with a criminal defense attorney. These situations can be complicated — and sometimes dangerous. An attorney can help protect you. "
What Is Legal Aid?,"If you need legal guidance but can’t afford to pay full price for an attorney’s help, you may benefit from working with a legal aid society. This guide answers the question, “What is legal aid?” and provides links for resources in each state to make the process of getting the help you need as easy as can be. Legal assistance organizations help people to navigate pressing legal problems. These organizations provide free and low-cost legal services for people in need of professional assistance. Most nonprofit legal services organizations only serve low-income individuals, families, and communities, but this isn’t always the case. Many lawyers who practice in for-profit firms volunteer their time at these organizations, while other attorneys may be employed by a society full-time. Just as nonprofit organizations serve other needs of the community on a free or low-cost basis, legal aid organizations fulfill a need for free and low-cost legal services. Before you begin working with a legal assistance organization, you may be placed on a waiting list. Nonprofit organizations only have so many resources to share and legal assistance programs may not always be able to provide professional guidance immediately. Once you’re accepted as a client, you’ll work with a lawyer just as you would if you hired a private attorney. The Sixth Amendment to the U.S. Constitution guarantees the right to a lawyer in criminal cases. If a defendant can’t afford to hire private legal counsel, an attorney will be appointed to represent their interests. No such right exists in civil matters. If someone is facing legal difficulties unrelated to criminal charges, they can hire an attorney, represent themselves, or seek free or low-cost legal assistance. Legal aid societies provide different kinds of assistance for the communities they serve. Many offer legal guidance concerning the following legal issues: While these are some of the most common services, programming can vary by organization. Reach out to local aid societies to ask about their offerings and eligibility criteria before making any assumptions about whether you can benefit from low-cost or free legal assistance in your area. The state legal aid resource links provided below can get you started. Eligibility for legal assistance programs varies, and many programs are only available to people who meet low-income thresholds. Some programming, however, is more widely available. For example, the San Francisco County ACCESS Center is open for anyone in need of certain kinds of legal assistance. This program provides assistance for small claims matters, name changes, and other minor civil matters. By contrast, some programs are only available to people who meet highly-specific eligibility criteria that don’t relate to income. For example, many programs across the county cater specifically to older adults, veterans, or Native Americans. As eligibility criteria varies for each program, just as the services provided by each program vary, you’ll want to research your options carefully before signing up as a client of any particular legal assistance organization. If you can’t find any legal aid organizations that meet your needs, know that many states offer “self-help” resources that may benefit you. Some state governments provide free and low-cost legal assistance resources, while residents in many states rely solely on nonprofit organizations for this kind of professional guidance. To start researching the options available where you live, click on the link for your state listed below: Connecticut Judicial Branch Idaho Law Association The State of Massachusetts Minnesota Judicial Branch Understanding “What is legal aid” may not be enough if you’re in urgent need of professional guidance. Consider requesting a free evaluation of your case from a local attorney. "
What Is Discovery in Law? A Guide for Non-Lawyers,"If you’re facing litigation, you may be wondering, What is discovery in law? The term ‘discovery‘ refers to the lengthy, often-invasive pre-trial investigation phase in which parties request evidence from each other and outside sources. Discovery is a powerful part of a lawsuit. It levels the playing field by requiring parties to share evidence with each other. Another way to describe what discovery is in law: The unearthing of revelatory information, often changing the entire trajectory of a case. Parties may drastically change their legal strategy based on what they find in the process. Where does discovery fit in a lawsuit? Though trials can have many possible combinations of steps, discovery always takes place between the filing of the complaint and the trial itself. Parties must wait for the discovery planning conference to begin requesting information. A rough, general timeline may look like this: What can be requested through the discovery process? Anything that pertains to an issue in the lawsuit, besides privileged material, is fair game. For example, financial records may be requested in a business dispute. If the case involves injuries in a car crash, lawyers may want medical records or even social media posts suggesting a litigant was not actually injured. Depending on what the discovery is, in lawsuits, the steps generally include making a request, waiting for relevant information to be produced, and sorting through the information for admissible evidence. Court rules govern how long a party has to respond to discovery requests. Discovery in federal court is governed by the Federal Rules of Civil Procedure and is quite broad. Federal district courts have their own local rules which limit or clarify the federal rules. Special administrative bodies provide their own rules as well, such as the Merit Systems Protection Board discovery procedures for federal employment hearings. State courts have their own procedural rules which can be accessed online, such as on the Tennessee court system’s website. It may be helpful to differentiate between toolsof discovery, or ways to request information, and types of information sought through discovery. The tools of discovery can take one of a handful of forms: Parties can’t seek unlimited information in discovery. For example, federal local rules can limit the number of depositions, interrogatories, or other tools used to keep discovery from lasting too long. Evidence sought through the discovery process can include: Many courts have “mandatory disclosure rules,” meaning parties must send each other certain information at the start of a lawsuit without even being asked for it. This can include the name and contact information of anyone who may have information pertaining to the case, a copy of the discoverable information a party already has, calculations of damages, or certain insurance agreements. The Texas court system, for example, has more extensive mandatory disclosures. Now you have an idea of what discovery is. In law, however, there are exceptions to everything, including the broad nature of discovery. Parties are limited in what they can request. If a requesting party oversteps, the other side can ‘object‘ — by filing a motion — or a judge can limit discovery without being asked. The following privileges are the most common limitations on discovery. Private communication between an attorney and client is protected under ‘attorney-client privilege.’ There must be an attorney-client relationship and the communication must not have been overheard by a third party (or else it’s not private!). The concept of ‘marital privilege‘ protects private communication between spouses, and spousal testimonial privilege can be invoked to refuse to testify against a spouse. ‘Doctor-patient’ or ‘physician-patient confidentiality‘ protects conversations between a doctor/physician and a patient in a professional setting. A physician’s impressions of a patient’s state outside of a professional setting may not be protected. Documents “prepared in anticipation of litigation,” also known as ‘attorney work product,’ are protected from discovery. This protects mental impressions, opinions, conclusions, or legal theories about the case from the opposing party. This type of privilege can be waived or overcome in certain circumstances. Medical privacy laws such as HIPAA and its Privacy Rule prevent the mass gathering of a litigant’s medical records. Medical records pertaining to a substantive issue in a case can be discovered, though the discovery involves many steps. Other materials may be protected under general privacy concerns if they are not immediately relevant to a key issue and aren’t commonly shared with people outside of a close group. This could include health and body issues, or religious or sexual practices. Electronic information can be protected from disclosure if the party in possession of it shows it would be unduly burdensome to make the information accessible. Other information may not have to be disclosed if it meets one of the following criteria: What if you get privileged information accidentally? The federal rules state you must return or destroy the information and you’re not allowed to use it, even if you’ve already seen it. No matter what, discovery is — in lawsuits related to personal injury claims, in particular — a complex, time-consuming, and expensive process. Your best bet is to seek a case evaluation from an experienced attorney to know what to expect from the discovery process. "
What to Do If You Lose Your Social Security Card,"The unthinkable just happened: You lost your Social Security card when you needed it most. So, what do you do if you lose your Social Security card? It’s important to be prepared ahead of time in case you lose important documents that contain personally identifiable information. Knowing what to do when you lose your Social Security card can help prevent additional headaches, such as identity theft. If your wallet or purse was stolen, file a report with your local police department and call the Social Security Association (SSA) at 1-800-772-1213 to request a replacement. If you’ve lost your Social Security card, you’re not alone. It’s a more frequent occurrence than you might expect. Even though you may not carry it around with you every day, you’ll probably need it if you’re starting a new job, collecting government benefits, or for identification purposes. However, there are limits to how often it can be replaced. You may replace your Social Security card up to 3 times free of charge annually and up to 10 times in your lifetime. Exceptions to this rule include: If you can’t find your Social Security card, the My Social Security account website can walk you through the steps for getting a replacement card. To get a new Social Security card, you must comply with the following requirements: Furthermore, you need to complete the following three steps to get a new Social Security card: If you are not a citizen, what do you do? If you lose your Social Security card, you need to show that you are permitted to live and work in the United States to get a replacement. Required documents include one of the following: Unless you’re applying online, the short answer from the SSA for standard applications is 10-14 business days. This assumes that all the required documents have been provided (either originals or certified copies) and that there is no backlog of replacement card requests already in their system. If there is a backlog, the waiting time may take up to four to six weeks. So, what do you do if you lose your Social Security card and you need some sort of proof that you have it? If you need the card quickly for employment or a legal matter, request from the SSA a letter stating the replacement application has been filed and the letter can be used until the replacement card is received. In addition to getting a new card, there are other proactive measures to take if you lose your Social Security card. First, reduce any possibility of identity theft by leaving your card at home. Credit cards, bank accounts, checking accounts, and most other forms of personal identity can be reissued with new account numbers &mdash everything except your SSN, which you keep for your entire life. To help guard against the possibility that an identity thief gains access to your Social Security card, consider taking these preventative measures: Once you have taken all recommended actions, you might want to routinely monitor your financial reports for unusual activity and keep your Social Security card in a safe location at home or in a safe deposit container with other sensitive documents. If you have lost your Social Security card or have related legal questions, an attorney can help. Schedule a free legal evaluation today. "
7 Ways to Legally Void a Contract,"U.S. law defines a contract as a legally binding agreement that places mutual obligations on the involved parties. Failure to stick to the terms of a contract can result in serious consequences. So, what happens if you have a legally binding contract — for example, a cell phone contract — that you no longer wish to adhere to? Legally breaking a contract can be difficult, but it is not impossible. The process of how to get out of a contract legally is referred to as “voiding” the agreement. Voiding a contract means the contract no longer has any force or effect, and that no party remains bound by its terms. In our guide below, we’ll share how to void a contract legally. When you’re trying to figure out how to rescind a contract, you must first determine if the contract is valid. Contracts require certain elements to be legally valid. Absent these requirements, some contracts are immediately voidable. Check if your contract includes these basic elements to see if it will hold up in court: Legally valid contracts require “legal capacity” from both parties. Parties must be both old enough to enter into a contract and mentally capable of understanding the contract terms. In most states, the legal age of majority is 18; however, in Mississippi the legal age is 21, and 19 in Alabama and Nebraska. Most states allow individuals to be legally “emancipated” by their state if they have the mental capacity, don’t live with their parents, can support themselves, and meet specific state guidelines for emancipation. A contract is not legally binding simply because someone is of majority age; it also depends on the type of contract. For example, a person may be able to purchase a car at the age of 16. However, they won’t be able to qualify for an auto loan, register a title, or get insurance until they’re 18. U.S. law does not recognize juveniles (those under 18 in most states) as having the legal capacity to enter into certain contract negotiations until they reach the age of majority. If they do enter into a contract as minors, U.S. law holds that the contract is not binding and thus voidable. Another cause to void a contract is “duress.” If you can prove that you would not have entered into a legally binding agreement had it not been for a threat or coercive tactic used by the other party to the contract, you can usually convince a judge to annul the deal. The cooling-off rule allows people to cancel certain sales contracts within a few days after signing. The Federal Trade Commission (FTC) states that consumers have three days to cancel (for a full refund) the sale, lease, or rental of consumer goods or services with a value of at least $25 outside the seller’s normal business. This FTC rule does not apply in certain circumstances. For instance, it doesn’t include sales made online or through the mail or telephone. It also doesn’t apply to sales at temporary locations that are under $130. Read your notice of cancellation rights for more details. It pays to check your contract carefully. If you have signed a waiver of the right to cancel, there is a good chance that you cannot use the 3-day cooling-off period to break a contract. Is there a “mistake of fact” in the contract? For instance, did one or both parties misunderstand essential terms of the contract to mean one thing when the other party meant another? If so, you may be able to void a contract. For example, if the contract identifies a vehicle with an odometer reading of 8,500 miles when in fact the number should have been 85,000 miles, you can argue that this mistake of fact voids the agreement. Or, was there a “mistake of law” in which someone misinterprets the law and thus signed the contract based on that mistaken interpretation? Unlike a mistake of fact, a mistake of law is not easy to prove, as it can be difficult to show that an innocent person was misled. A mistake of law only becomes a valid reason to void a contract when someone: In some cases, both parties may agree that a contract is no longer favorable. If the contract is no longer being followed, or can’t be performed, parties may mutually consent to terminate the agreement. Contracts can be formally voided in writing. If one party materially “breaches the terms of the contract“, the other party may be able to break the contract. Breaching can mean, for example, that a person fails to deliver goods or services as promised, or fails to pay on time. A breach can also occur through violation of non-disclosure agreements and violation of non-compete agreements. Contracts can be complicated, and the process of how to void a contract will depend on the terms and circumstances of the agreement, your age, mental capacity when you signed the agreement, and more. If you have questions about the validity of your contract or want to know if it can be voided, contact an experienced attorney for a free legal review. "
What Is a Demand Letter?,"It’s a common belief that legal disputes are resolved within the four walls of a courtroom. In truth, most disputes are settled before a judge or jury is asked to decide a case. Sometimes, the process of resolving a dispute begins with a “demand letter.” Informal emails, phone calls, and postal mail can be used to inform one party that another believes something is wrong and should be righted. What is a demand letter and how is it different from any other communication? A legal demand letter informs one party, typically a person or a company, that a problem exists and that taking specific steps could efficiently resolve the concern described in the document. These steps may involve acting in a certain way, such as paying an overdue balance. Or, they may involve stopping something that is already happening, such as trespass onto a property owner’s land. These letters usually outline what consequences could result if the receiving party doesn’t right the perceived wrong. The purpose of a demand letter is usually to try and resolve a dispute before taking legal action becomes the next logical step. If the sender of a demand letter can get the recipient to do what they want, they could potentially avoid having to file a lawsuit, write a formal complaint, or take other action. While demand letters are usually drafted by lawyers, they can be written by anyone. These legal tools are almost always used in civil, rather than criminal, matters. This is because prosecutors and law enforcement officers typically don’t warn individuals that continued lawbreaking will lead to consequences, they simply arrest offenders if probable cause exists. Many kinds of legal concerns and disputes may be identified and potentially resolved by a demand letter. This is why the issue of What is a demand letter? is a little complicated. Yes, the basic purpose of all demand letters is the same: To get someone to do something or to stop doing something. But demand letters can be structured differently and contain different terms depending on the legal issues they’re addressing. Common reasons why lawyers draft demand letters involve: Demand letters and responses can also create a paper trail. They can be used as a tool of negotiation when trying to avoid a lawsuit. They may be used to persuade someone that avoiding litigation is in their best interests. And they can serve as evidence of the efforts made, or not made, by both parties to resolve the issue in question if a lawsuit related to the underlying issue is ever filed. Demand letters may be sent via postal mail or electronically. There is no single structure or format that is used to draft a letter of demand. But, most contain the following elements: If a legal demand letter has been sent to you by someone who believes that you’re violating a law or failing to follow through with an obligation, you shouldn’t ignore the demand. You should carefully consider what the sender is insisting upon and ask yourself whether the request is worth honoring. Be careful before you either take action or decide to do nothing. Some people use demand letters to intimidate or coerce others. They aren’t always sent in good faith. Sometimes, doing nothing is the best course of action after receiving a demand letter. But, depending upon what the sender is threatening to do if you fail to comply with their request, you could face a lawsuit if you ignore their demands. A demand letter doesn’t serve as notice of a lawsuit but it could be the last warning you’ll receive before you get sued. Some legal demand letters are reasonable and easy for the receiver to honor. If you’re fine with the suggested remedy, make sure to let the sender know that you plan to comply with their request. If you have questions about the suggested remedy, ask for clarification so that you can make informed choices about your next steps. If you’ve received a communication that matches this general description and you’re unsure of your options, it may be time to speak with a lawyer. It may also be beneficial to speak with an attorney if the demand letter appears to be a scam. If the facts articulated by the sender are inaccurate, if the demands made by the sender are unreasonable, or if the letter is truly threatening, the communication may be an attempt to defraud you. If understanding What is a demand letter? helps to clarify your situation but doesn’t meet all of your legal needs, speak with a lawyer. If you’ve received a demand letter and need to plan your next steps, request a free case assessment today. "
How to Expunge Your Record: Guide and FAQ,"Having a criminal or arrest record can make some of the basic functions in life more challenging. From securing a new job, renting an apartment, or gaining custody of your child, your criminal or arrest record may lead to some uncomfortable conversations about your past. The good news is that you may have the option to have your record expunged. Our guide and FAQ below will detail the steps you can take to start the process and will also address some frequently asked questions about how to expunge your record. Expungement means to erase or obliterate. In law, it refers to the process by which a criminal or arrest history can be destroyed or sealed from the record. Virtually all states have enacted laws allowing people to expunge criminal and arrest records, but specific expungement laws vary from state to state. Once a history is expunged, it doesn’t need to be disclosed to employers, landlords, or schools. So how do you start the process? Here’s an overview of the steps involved in getting an expungement. It’s essential to obtain a comprehensive background check report before starting the expungement process. The information found on background reports used by employers, landlords, and school admissions departments comes mainly from public records. However, it’s not always clear what gets included in a background check. Information about passing bad checks and credit card fraud may be included in consumer credit reports, while juvenile records may not show up as some states automatically seal or expunge them. That’s why it’s important to first check to see what shows up on your report. In many states, you’re eligible for expungement only after serving your entire sentence, including probation. Some states also require waiting periods during which you remain crime-free, before you can apply for expungement. For instance, if you’ve been convicted of a non-violent misdemeanor in Arkansas, you may have to wait 60 days after completing your sentence before seeking an expungement. In contrast, if you were convicted of a violent crime, you will likely have to wait 5 years and 60 days after completing your sentence to seek an expungement. During this waiting time, you can’t commit any other crimes. A lawyer can help you determine whether you meet your state’s eligibility requirements. If you’re eligible for an expungement, you’ll need to file a petition with the courthouse to have your record expunged. In your petition, you’ll need to provide an explanation as to why your petition should be granted. You’ll also need to pay a fee and will also usually be required to schedule a hearing with a judge who will review your petition. Paperwork requirements vary from state to state but they may use different terminology to refer to expungement and they may have specific rules on what to file and who to serve that vary among states. For example, in California you would file a Petition for Dismissal, but other states like Illinois you would file a Request to Expunge your criminal records. If you’re worried about how to expunge your record, a lawyer can increase your chances of success. A lawyer who’s licensed in your state will be well-versed in the requirements and will be able to help you to fill out your paperwork correctly and get it submitted via the proper channels. If you’re wondering how to expunge your record or seal it, you should know that there’s a difference between the two. Sealing a record means your record will be closed from public view. The record will still exist, but employers, landlords, and others won’t be able to access it. Sealed records can still be opened by court order, as for use in a later court case. Expungement means your record is treated as if it no longer exists. Your criminal file would be removed from public records entirely, rather than just sealed. States have enacted differing rules about sealing records and expungements. Some jurisdictions allow comprehensive expungement, which means that a judge will issue orders to reporting agencies and even law enforcement departments to seal the petitioner’s court, arrest, and investigative records. Other jurisdictions will offer Certificates of Actual Innocence, which are helpful when arrest records can’t be sealed. In some instances, your state court may request you to fill out a Petition for a Certificate of Innocence to request the actual Certificate of Innocence. Contact your state court for details. Some states have different views on what can be expunged from criminal records. For example, some will allow for expunging misdemeanor offenses, but not felonies. Not all criminal offenses can be expunged; most jurisdictions will not allow murders and aggravated sexual offenses to be concealed from background checks. Some states also restrict the expungement of driving offenses, such as DUIs. Virtually all expungement proceedings occur in state courts. It’s very rare to obtain an expungement from a federal court. This is because there is no federal statute that governs expungement, although some jurisdictions may recognize an inherent authority for courts to expunge records in limited situations. Consult with an attorney in your area to see whether this may apply to you. The majority of expungements are usually granted for juvenile records. Some states allow adults to get their records expunged, while others don’t. Details on how to expunge your record vary, as each state has its own process. Some states require fees for filing expungement paperwork, while others allow you to complete the process for free. In situations where you were arrested but not charged, charged and dismissed, or acquitted, you may be eligible to have your records expunged free of charge. An arrest is when an individual is taken into custody upon suspicion of a crime. A conviction is a formal declaration of guilt in a criminal case that a judge or jury decides. The time needed for an expungement depends on many factors, including how fast your case is docketed, your jurisdiction, the number of pending claims, whether there are objections to the petition, and other essential factors. In most cases, an expungement takes six months or longer. The state is given a period of time to object to the petition for expungement, usually around 60 days. The amount of time an expungement takes depends on many factors. However, you can expedite the expungement process by gathering relevant information and filing your paperwork promptly. The expungement process will depend on the court’s calendar, the number of pending cases, the jurisdiction, whether any objections have been filed, and other factors that may be out of your control. With a pardon, the executive branch of the government forgives you for your crime. A pardon will free you from the obligations of your sentence. This does not necessarily mean the crime will be wiped from your record, as with an expungement. In some states, but not all, a pardon does include an expungement. In states that do not include expungement, you’d need to apply separately to have your record expunged after being pardoned. An expungement can help you seal or destroy a criminal record, but it’s not always a straightforward process. If you’re wondering how to expunge your record, an experienced attorney can answer any specific questions you may have about the expungement process in your state. Get the process started with a free legal review today. "
How Does a Cell Phone Contract Work?,"Cell phones are everywhere these days, and each person that uses a cell phone has some version of a cell phone contract. These mini-computers are complex — but understanding how your contract works doesn’t have to be. Check out the following information on what a contract is, what you can expect in your phone contract, and what to know about terminating a contract early. It may help to break down what a contract is in the first place. Without getting into the legal details, the most common type of contract is where one party agrees to pay another for a good or service. Contracts can also be called “agreements,” “plans,” or other names. Once you sign a contract, it’s hard to get out of it. It is well-established in contract law that breaking a contract early leads to penalties. Nobody wants to read lengthy terms and conditions, but always try to read a contract fully before signing. Federal law regulates the telecommunications industry generally, but specific laws governing contracts with cell phone companies are in the states’ hands. Did you know when you purchase a cell phone and set up service, you may be entering into two contracts? The first is your agreement to purchase a phone and make installment payments until it’s paid off. The second is your cell phone plan, also known as a “customer service agreement.” Among other details, this contract spells out: It may help to think of cell service contracts in terms of either “prepaid” or “postpaid.” Prepaid means you pay in advance for a set amount of calling, texting, or data usage, and you aren’t locked into a long contract. Postpaid plans usually require you to sign a contract for a length of time, the most common being two or three years, in which you pay a monthly fee for service. Phone service contracts are generally one-size-fits-all (known legally as ‘adhesion contracts’), but some negotiation may be possible. It’s always worth asking whether your carrier will price–match or throw in extras to keep you as a customer. Your contract may also incorporate additional documents. For example, the Verizon customer service agreement refers to separate service terms and conditions. By signing your contract, you are agreeing to the terms and conditions, even if they are in a separate document. Don’t worry — providers are required to make every part of your contract accessible to you. Common terms of a mobile phone service contract include the following: Your provider should clearly state how long the contract lasts. Signing a 36-month contract? If you have plans to move out of the country in a year, or you like to upgrade your phone quite often, that length of time may not work for you. Know what you’re getting into before you sign. Many contracts include forced arbitration clauses, meaning you agree to settle disputes with the provider through a neutral third party, or arbitrator, rather than in a lawsuit. These clauses may allow you to file a claim in small claims court, but you won’t have a lawyer or a jury. Most contracts require you to pay early termination fees (ETFs) if you cancel your service before the length of the contract has run. ETFs can be hundreds of dollars. Some carriers may prorate ETFs based on the amount of time remaining. In other words, your ETF may be higher if you cancel with 10 months remaining on your contract than if you cancel with 4 months remaining. Note that if you switch providers, some may offer to pay your ETFs from your old provider to lure you to their service. With a month-to-month plan, you decide on a monthly basis whether you want to continue with your current cell provider or switch carriers. You won’t be tied to a long contract but will have to agree to other terms and conditions of using your provider’s cell service. However, if you purchase a phone and agree to pay it off in installments, you would need to enter into a contract for the phone purchase. “Pay-as-you-go” plans, or prepaid plans, require no contract because you make a one-time payment for a set amount of service to use. A contract may be required for postpaid pay-as-you-go, because you would agree in advance to rates and other conditions. If you’re not impressed with your cell service or think you’re paying too much, you might be wondering how to switch cell phone carriers without paying an ETF. Consider these strategies for ending a contract. Another suggestion: It never hurts to simply ask. Speak to a customer service representative and be polite, but firm. Tell them why you’re having problems with your service. Ask to speak to a higher-level employee if your current agent says no or doesn’t have the authority to cancel your contract for free. If you are wondering how to get out of a phone contract, it may be a good idea to seek the advice of a business attorney who can review your contract and advise you on next steps. "
What Is a Felony Charge?,"Most of us have watched TV legal dramas and wondered, What is a felony charge? A felony is a type of criminal act more severe than a misdemeanor. People convicted of felonies are labeled “felons,” a distinction that can last for a long time. For instance, a felony conviction on a criminal record can jeopardize rights like voting or possessing a firearm even after the felon’s debt to society is paid. Felonies are serious crimes punishable by one year or more incarceration and other penalties, including forfeiture of some rights after jail time is served or fines have been paid. Misdemeanors are less serious offenses punishable by less than one year in jail and smaller fines. It is easier to get a misdemeanor removed from a criminal record, as they are minor offenses and rarely violent in nature. A felony charge means you have been accused of a felony but have not (yet) been found guilty. You have the right to a trial, after which you are found guilty or not guilty, or you can seek a plea deal to avoid trial. Felony charges can still be on your criminal record, since they may include criminal cases that don’t result in convictions. Many states have “expungement” options that can remove an arrest or criminal charge from a record where the defendant was not convicted. Virginia is one example. A felony conviction means you have been accused of a felony and have either pled guilty to it or have been found guilty after a trial. Both federal law and the criminal justice systems of each state place felonies into “classes” according to the seriousness of the crime. Corresponding punishments such as incarceration or fines are applied to each class. Felonies usually involve physical or financial harm and are punishable by one year or more in jail or prison. Jail is usually a local holding facility, while prison is a state-run or private facility. Longer periods of incarceration are usually carried out in prisons. In addition to possible jail or prison time, a defendant may be required to complete court-supervised probation, pay a hefty fine, or face other penalties. The punishment for a felony depends on how it is classified. Examples of crimes widely considered felonies include, but are not limited to: Individual states classify felonies in their own way, though similarities may exist. Most states classify felonies by letter or number – for example, Class A-E felonies like the federal system, or Class 1-5. Illinois groups felonies into classes 1-4 and reserves a fifth class — Class X — for the most serious crimes. New York classifies felonies as A-I or A-II, for which the heaviest sentence a defendant can receive is life imprisonment; and felony classes B, C, D, and E. Some states follow neither system, classifying felonies by the individual crime committed. California, for example, loosely categorizes felonies into white collar, or “paper,” felonies; drug felonies; sex felonies; and violent and serious felonies. Georgia law loosely categorizes felonies as “against people,” “against property,” “involving fraud,” and “against public safety.” Florida classifies felonies into five groups: third-degree, second-degree, first-degree, life, and capital. In most states, the lower the class number or letter, the more serious the crime. For example, a Class 1 felony category typically consists of a first-degree murder charge, or first and second-degree murder as in Arizona. Using the state of Illinois’ system (Class 1-4, Class X, Class M) as an example may be helpful. The least serious felony class is Class 4, which consists of crimes like aggravated assault, stalking, and some drug charges. The maximum penalty for Class 4 felonies is one to three years in prison. Class 3 felonies in Illinois are punishable by two to five years in prison; examples of Class 3 felonies are certain types of theft (under $500) and possession of a weapon by a felon. Examples of a Class 2 felony are robbery or illegal purchase of a firearm. Committing a Class 2 felony can land you in prison for three to seven years. Class 1 felonies include theft (between $10,000 and $100,000) and sexual assault and are punishable by 4 to 15 years in prison. The most serious felony class in Illinois is Class X, which consists of aggravated violent crimes, treason, and discharging a firearm while committing another crime. The punishment for committing a Class X felony ranges from 6 to 30 years in prison. All felony classes in Illinois are also punishable by a fine of up to $25,000. Note that in Illinois, first-degree murder is in a category of its own — sometimes known as Class M — and the punishment can exceed that of a Class X felony. While felony classes vary according to the state where a crime was committed, most are divided between violent and nonviolent crimes, as well as the amount of damage caused to the injured party in cases of financial harm. Most states’ felony classifications are included in the legislative code and easy to access, like Washington and South Carolina. To understand your state’s classification system, visit the state’s official website or contact an attorney in your state for additional guidance. The federal system is nationwide and separate from state systems. Some crimes are federal offenses, some are state-level crimes, and some can be charged under both systems in separate proceedings. Federal felony classes range from Class A to Class E felonies, with corresponding penalties. Federal classification includes “adjustments,” which add or subtract severity depending on the specifics of the case. Defendants are sentenced in accordance with a grid which cross-references criminal history with the adjusted level of offense. Now that you know what a felony charge is, explore your options for having one removed from your criminal record. Start the process by seeking a case evaluation from an experienced attorney. "
What Is a Holographic Will?,"A will is an essential legal document that clarifies what happens to an individual’s assets after they die. It defines the assets that compose the estate, the beneficiaries, the executor, the caretaker of the children and pets, if any, and the testator’s funeral instructions. Despite its importance, two-thirds of Americans don’t have a will. Individuals who want to dispose of their property via a will have many different options to choose from. In some cases, the best option is a holographic will. What is a holographic will? Basically, it’s a handwritten will, but there are some important things to keep in mind if you’re considering that option. Before we discuss holographic wills, it’s important to cover the importance of wills in general. This is best explained by illustrating what happens when you don’t have a will in place. To die without a will is to die intestate. Dying intestate can create difficulties for your next of kin because they have to go through probate where your assets will be divided and distributed according to the laws of your state, not according to your specific wishes. A will clearly explains directives for your assets after you die, so dying without one can create significant confusion. If your loved ones go through the probate process without having a will, they will have to work through the probate court to determine what assets you possessed, how your debts and taxes will be paid, and how your remaining assets and property will be divided among surviving family members. Depending on a person’s circumstances, one type of will may be more appropriate than another. Attested written wills are the most common kind. These must be typed and printed, and they require two witnesses who see the signing of the document firsthand (or hear the declaration). Some other will types include: Holographic wills are handwritten wills that must be written and signed by the testator (the person leaving the will). Ordinarily, a will is created with the help of an attorney, but in the case of holographic wills, no attorney is needed: The testator typically handwrites and signs their directive without legal representation. These wills are not as popular as simple or basic wills. However, holographic wills are a perfect option for individuals who want to leave instructions for the distribution of their assets and name their beneficiaries. They are extremely helpful for individuals who: What is a holographic will’s validity without witnesses or notarization? Unlike other kinds of wills, holographic wills typically do stand up to scrutiny. Considering wills of this type are sometimes made during emergencies or in extremis, it makes sense that there may be circumstances in which there is no one available to be a witness. The absence of witnesses can lead to issues in probate, and courts may have problems ascertaining the will’s legitimacy if it’s illegible. So, it’s typically best to err on the side of caution and have two witnesses present. To what extent is a holographic will valid? There are some specific requirements holographic wills must meet to be considered legitimate. A court of law in some states may recognize the holographic will if the following factors are met: Before assuming you can create a valid holographic will, it’s essential to know whether it will be recognized as valid. The following states will generally recognize a holographic will written within their boundaries: Maryland and New York typically don’t accept holographic wills, but they make exceptions for military members. New York also makes an exception for mariners at sea. Maryland makes an exception if the holographic will was signed by the testator and witnessed by two credible witnesses. Additionally, if the holographic will was drafted in a state where they are accepted, but then the testator moves to a state that doesn’t accept holographic wills, the probate court of the testator’s new resident state may choose to accept the will as valid. There’s no guarantee that a court will recognize a holographic will. The following issues are common and could invalidate a holographic will: If you decide to use a holographic will, make sure you live in a state that acknowledges them, and follow the guidelines mentioned above to create a valid holographic will. This ensures that your will passes legal muster and enables your estate to be divided according to your wishes. Do you have a complex estate? Do you have questions or concerns about whether your holographic will stands up to probate scrutiny? Consider scheduling a free legal evaluation with an experienced probate attorney who can guide you through the probate process. "
How to Bail Someone Out of Jail: Guide and FAQ,"Being arrested is something that most people don’t spend a lot of time thinking about until it happens. Knowing how to bail someone out of jail is a life skill that makes things a lot easier if the unthinkable happens to you or a loved one. Although court systems differ significantly among state, federal, and local courts, certain aspects of the system are similar across the board. A person can be arrested if law enforcement sees them commit a crime or suspects they are involved in criminal activity. Once a person is arrested, they are detained and taken to a law enforcement facility. In some jurisdictions, there is a set amount of bail for certain low-level crimes (generally misdemeanors and traffic offenses). If that’s the case, figuring out how to bail someone out of jail is a fairly streamlined process. Consult the jurisdiction’s website, or speak with the detaining agency to find out how to deposit the required funds and secure the arrestee’s release. If paying bail immediately isn’t an option, the arrested individual will be held at a jail or other facility until they can present their case to a court. Most jurisdictions require law enforcement to submit an arrested person to a court within a certain period to face formal charges. It is generally illegal to detain people indefinitely without charging them with a crime, but this hearing may not occur until the court’s regular business hours. Some jurisdictions hold these hearings during evening and weekend sessions, but others do not; federal courts hold an initial court hearing on the day someone is arrested, or the next day. This first court hearing is usually called an ‘arraignment.’ Attorneys for the prosecuting authority (the state, county, municipality, or federal district) will formally present the criminal charges. The arrested person becomes a “defendant” and must appear in court to face the charges against them in subsequent proceedings. In many cases, the judge decides at arraignment what terms are appropriate to guarantee the defendant returns to court to stand trial. In some cases, defendants are released “on their own recognizance,” which means the court lets them out of jail, schedules their next appearance, and trusts their promise to return. (If they do not return, the court will issue a bench warrant for their arrest, take them into custody, and impose additional penalties and fines.) In other cases, a judge determines that there is too high a chance that a defendant will flee or refuse to appear. In that case, a defendant will be ‘remanded‘ to jail to await trial. “Bail” is an amount of money deposited with the court to ensure a defendant’s return. Once bail is arranged, the defendant is released from custody, although there also may be other conditions (such as remaining within a specific area or wearing an electronic monitoring device). If a defendant returns for subsequent court hearings as scheduled, most of the bail money is refunded. The simplest way to “post bail” is to deposit the full bail amount with the court clerk. This is called a “cash bond.” Although most jurisdictions require this to be paid in cash or via cashier’s check, some now use third party services that allow you to use a debit or credit card. However, most defendants don’t have the total amount of cash immediately available to them to post bail. Knowing how to bail someone out of jail using a “bail bondsman” can help solve this problem. A bail bond service is a private company that guarantees the total amount of bail without requiring full payment upfront. The purchaser pays a percentage to the bondsman, who pays the entire amount to the court so the defendant can be released. This is called a “surety bond.” If the defendant appears in court as promised, the bond service keeps just the percentage as a fee; if the defendant does not appear, the bond service attempts to recover the bond balance (plus fines and fees) from the defendant’s representative. To obtain a bail bond, the purchaser must assure the bondsman that they will be able to pay the whole amount if the defendant does not appear. This involves depositing money, property, or other collateral to guarantee the bond. Some states do not allow private bail bond companies, including Illinois, Oregon, Kentucky, and Wisconsin. Instead, a defendant’s representative may post a bond for a percentage of the bail amount directly with the court. If the defendant appears as scheduled, the court returns the bond amount (less a percentage as a fee). The process is essentially the same as using a bail bondsman, but the fees are significantly lower. In today’s modern, tap-to-pay economy, you may wonder if you can just hand over a debit card and bail yourself out of jail without involving your loved ones. You are certainly allowed to post your own cash bond if you can do so on the spot. However, since most people don’t carry significant sums of cash, and most courts require bail to be paid via cash or cashier’s check, it is usually necessary to coordinate with someone to get money and bring it to the station. But, if your jurisdiction uses a third-party payment service, you may be able to pay using a credit or debit card at a kiosk in the station. Hopefully, you’ll never need to put your knowledge of how to bail someone out of jail to use. If you do, however, it’s a good idea to contact an attorney. If you or a loved one are facing criminal charges, find out more about your options today. "
What Is a Promissory Note? A Legal Guide,"If you’ve ever taken out a loan, you have probably signed a promissory note. A promissory note defined is a legal document that is a promise of payment. Promissory notes are often used in financial services where one person (the borrower) takes out a loan and signs a document making a promise to repay the loan to the lender within a certain amount of time. Here, we’ll examine what is a promissory note and discuss how they relate to real estate. You can think of a promissory note as a loan document or a formal IOU that plays an important role in the real estate closing/settlement process. When buying a house, you will most likely take out a mortgage. The mortgage is the contract that allows you to borrow money from a lender and gives the lender a security interest in your home in case the loan is not repaid. However, the mortgage does not actually state that you will repay the loan. This is where the promissory notes come in. The promissory note supplements the mortgage and is what you sign actually promising to pay back the loan. Your lender will hold the promissory note until the loan has been repaid. At that time, the lender will cancel the note and return the original to you, the borrower. One major difference between a promissory note and mortgage is that while mortgages are recorded as part of the public land records, promissory notes are generally unrecorded. Whether your promissory note will be recorded depends on your state laws. You can write your own promissory note as they are pretty straightforward; however, you might want to hire a lawyer to make sure everything is correct since a large amount of money is involved. A lawyer can also help you by explaining in detail what is a promissory note. If you decide to write your own, keep in mind that every state has its own guidelines about what to include in a note, so you should verify the laws of your state before you write one. The promissory note should include all the terms of the loan, including: On occasion, you might find it necessary to change the terms of your note because of changes in interest rates, repayment terms, or how long you want your loan to continue. All the changes should be done in writing and have both parties’ signatures. An easy way to make changes is to draft a new document as an amendment to the note. The amendment should reference the original promissory note so that all the original terms still apply. An invalid promissory note could become a messy issue for both borrower and lender and you could wind up in court. One of the most common reasons for declaring a promissory note invalid is because the parties did not sign the note, especially the borrower. Or, if someone did sign the note, it was a party who was not allowed to sign. For example, if someone, like a relative, who did not take out the loan for the mortgage signs the note, it would be deemed invalid because the legal borrower did not sign. A great way to avoid this mishap is to include a notary in your executing process. In addition, if the promissory note contains unclear or ambiguous clauses, or unfair terms, the note might be deemed invalid. An unfair term might be if the note includes an interest rate of 25% but your state only allows for a 15% interest rate. Another reason for an invalid promissory note is if changes were made to the note without the authorization and signature of both parties. Finally, if the original promissory note is lost and there is no way to prove its legitimacy, it could be declared invalid. Now that you know what is a promissory note and how they work, you may want to consider talking to a lawyer to get more information. To get started, get online help here. "
What Are the Miranda Rights?,"“You have the right to remain silent.” These seven words begin the Miranda warning. And if you’ve ever been arrested or watched a crime drama on television, you know the police must “read you your rights” upon arrest. So, you may be wondering, what are the Miranda rights? They are Constitutional protections under the Fifth and Sixth Amendments granted to suspects during the criminal process. And rarely does reading your Miranda rights play out like it does on TV. Unlike police depictions, failure to read your Miranda warning seldom results in a case dismissal. However, reading these Constitutional rights to a suspect is essential to their due process under the law. As such, there can be consequences if their rights are not read to them. The Miranda warning is a constitutional notification given by police in the United States upon arrest of a suspect of their right to remain silent and to obtain legal counsel, among other warnings. The Miranda warning requires the police to inform you of the following rights and consequences before questioning you as a suspect: It is important to note that a Miranda warning is read only if the police intend to interrogate you. Self-incrimination is when someone under police custody implicates themselves through their own words in a crime, which can come back to haunt them in court. Law enforcement officers are required to administer Miranda rights to protect detained individuals from a violation of their Fifth Amendment rights against unreasonable self-incrimination. This is intended to prevent undue self-incrimination if facing questioning by the police. Two notifications concerning your right to a lawyer are embedded in the Miranda warning. First, you must be told that you have the right to the presence of a lawyer during police questioning. Second, that you have the right to a court-appointed attorney if you cannot pay for one on your own. These are done to preserve your right against self-incrimination and ensure that the due process you are about to receive is constitutionally reasonable under the law. So, what are the Miranda rights in an everyday context? They are usually not vague, as the police must cease questioning if you indicate in any way that you prefer to remain silent. The police must also immediately stop interrogating you if you ask to speak to a lawyer. If you waive your right but then want to invoke it, you are entitled to do so. Because your Miranda rights are central to your rights as a detainee, the law is required to honor them immediately. As mentioned, a Miranda warning is not always necessary if the police do not intend to question you under their custody. Ernesto Miranda was arrested in 1966 for stealing $8 from a clerk and interrogated for two hours with no help from an attorney and without being told he had the right to one. He signed a confession not only for the theft but also a kidnapping and rape and was later found guilty. The Supreme Court found that the Fifth Amendment right against self-incrimination and the Sixth Amendment right to counsel applied to the defendant in Miranda v. Arizona. Namely, no one can be compelled to incriminate themselves and Miranda’s right to an attorney was violated. The Supreme Court recognized the procedural safeguards afforded by these Amendments to criminal detainees. “Miranda rights,” as they are now called, preclude police officers from questioning detainees without notifying them of their rights. Without a Miranda warning or a proper waiver of these rights, information gained by the police during questioning is inadmissible in court under the exclusionary rule. The exclusionary rule precludes any information obtained in violation of the Constitution to be used in court. Now that you know what the Miranda rights are, you’ll be better able to protect your interests. If you feel your Miranda rights were violated, get a free legal evaluation today. It can help you gain the peace of mind you seek for your legal matter. "
Employer Clawback Provisions: Definition and Examples,"If you sign an employment contract at a hedge fund, investment bank, or other finance business, you may agree to clawback provisions unintentionally. These clauses became popular as a way to build public trust. In 2005, fewer than 3% of employee contracts contained clawback language. By 2010, that number increased to 82%, with no signs of this trend slowing down. This overview discusses clawback policies, their impacts, and examples to look out for in employment contracts. When you find clawback language in an employment contract, this allows an employer to demand the return of money already paid to an employee. They are common in any employment contract that includes a sign-on bonus, incentive pay, or other forms of executive compensation. Employers always used clawbacks, but more appeared after the Sarbanes-Oxley Act passed in 2002. Intended to create better financial accountability in business, the statute required executive bonuses to be repaid or forfeited if noncompliance or misconduct arose from creating financial statements. Later, the Emergency Economic Stabilization Act of 2008 made clawback clauses a condition of an economic bail-out. Here are some common situations where employers may try to enforce a clawback clause: Clawback clauses intend to compensate the employer for employee misconduct but are also punitive. You will likely find clawback language in the contract section discussing incentive compensation or bonuses. Another place you may find them is among any provisions concerning discipline. One clawback provision example arises from Nike, Inc.’s incentive compensation policy. The provision applies to performance sharing, long-term incentives, and deferred compensation plans. It requires funds from these programs to be repaid if an executive engages in misconduct. This example refers to wrongful conduct: Clawback. This Agreement is subject to any written clawback policies that the Company, with the approval of the Board or the Committee, may adopt to the extent allowed by applicable law. Any such policy may subject your RSUs and amounts paid or realized with respect to the RSUs under this Agreement to reduction, cancelation, forfeiture or recoupment if certain specified events or wrongful conduct occur, including but not limited to an accounting restatement due to the Company’s material noncompliance with financial reporting regulations or other events or wrongful conduct specified in any such clawback policy adopted by the Company, including any policy to conform to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and rules promulgated thereunder by the Securities and Exchange Commission and that the Company determines should apply to this Agreement. Another example discusses a non-solicitation agreement and stock bonuses: Clawback. Notwithstanding anything in the Plan or this Agreement to the contrary, in the event that the Participant breaches any nonsolicitation agreement entered into with, or while acting on behalf of, the Company or any Affiliate, the Committee may (a) cancel the Award, in whole or in part, whether or not vested, and/or (b) if such conduct or activity occurs within one year following the vesting of any portion of the Award, require the Participant to repay to the Company any shares received with respect to the Award (with such shares valued as of the vesting date). Such cancellation or repayment obligation shall be effective as of the date specified by the Committee. Any repayment obligation may be satisfied in shares of Stock or cash or a combination thereof (based upon the Fair Market Value of the shares of Stock on the date of repayment) and the Committee may provide for an offset to any future payments owed by the Company or any Affiliate to the Participant if necessary to satisfy the repayment obligation; provided, however, that if any such offset is prohibited under applicable law, the Committee shall not permit any offsets and may require immediate repayment by the Participant. One pattern you will notice with these examples and others is that they will specifically mention clawback. If you receive a PDF of your employment agreement, it may be worth the time to search on the word “clawback” and see what comes up. States do not prohibit clawback provisions, but they could require that these clauses be in writing and in contracts that both employer and employee sign. If any clawback language is vague, it is likely not enforceable, and employees can take legal action against their employer if it deducts bonuses from their wages. That said, clawback clause enforceability often depends on how state law defines wages. Most states consider earned commissions wages and restrict deductions from base wages to cover commission overpayments. The Texas Payday Rules require written authorizations and notice before making deductions subject to a clawback clause or other wage overpayments. Minnesota statutes require the same written notice or authorization. There are also time limits on when an employer can deduct bonuses from wages or future bonuses. Michigan employers have six months to collect from future wages after overpaying. New York employers have six years to collect. Yes. But the employment contract or compensation agreement must communicate clawback language clearly. Generally, if you’re an employer seeking to implement a clawback clause, be confident that it: Clawback provisions are frequently tricky, and you should know what you’re getting into before agreeing to compensation based on a contract that contains them. Get answers today by reaching out to a local employment lawyer near you. "
How Does a Land Contract Work?,"When real estate markets become temperamental, would-be homebuyers seek new and better ways to finance a property purchase. This situation leaves these potential buyers wondering how does a land contract work — and could it work for them. A land contract can be a viable mortgage alternative; however, it comes with risks. Here are common questions about land contracts and how they work for buying and selling property. A land contract is a property purchase agreement that allows a buyer to make direct payments to the seller. It’s another arrangement for buyers who can’t secure a conventional mortgage mainly due to: Land contracts are common where the seller and buyer already know each other or have been in business for a while. These relationships often involve trust and familiarity, which is good because land contracts are less secure for both parties. A typical land contract example is renters buying their rental home from their landlord. A land contract works similarly to a mortgage in some ways. The buyer makes a down payment and agrees to make monthly payments. These payments include insurance, taxes, and interest. Sometimes, they may pay an outstanding mortgage, but land contracts are uncommon among sellers who don’t own the property free and clear. Like a rental agreement, a land contract indicates who is responsible for repairs. That is usually the buyer since the land contract confers all the responsibilities of home ownership. It may also contain provisions limiting the use of the property while the buyer is still making payments, e.g., no major remodeling, no livestock, etc. Having an attorney look over the land contract before you sign it is a good idea, as some provisions may be overly limiting. For example, any prohibitions against remodeling could stop you from making vital upgrades that improve sanitation and livability, e.g., replacing bathroom fixtures and plumbing, so you quit having clogged drains. No. A mortgage transfers property ownership to you, and the bank maintains a security interest, so they can foreclose if you stop making payments. In land contracts, the seller retains ownership until you make the final payment. Also, land contracts rarely last more than a few years, while mortgages give you decades to pay off the loan. Land contracts involve a down payment, monthly payments for three to five years, and a balloon payment at the end. You can either pay this final payment in cash or apply for refinancing so you resume property ownership under a conventional mortgage. The seller pays property taxes on a land contract until the buyer makes the final payment. Land contracts are accessible options for those who can’t qualify for a Fair Housing Administration (FHA) program or conventional mortgage. Even FHA programs, which provide low-barrier home loans, have credit score and down payment requirements. They are also challenging to get if you’re self-employed or work seasonally. But a seller may have different financing standards that work better with your situation and allow you to pursue homeownership. Also, land contracts usually involve parties who know each other. Few sellers are willing to contract with strangers. These arrangements are often made between relatives, landlords, long-term tenants, and business partners. For example, even if you’re a seasonal or self-employed worker (a big minus among mortgage lenders), a landlord may work with you on a land contract because you have a good record of paying rent on time. Mortgage lenders do not consider this history when approving loans, but someone who already trusts your payment history may offer more options. While there are many benefits to using a land contract, there are also some disadvantages. Here’s a run down of some important downsides that sellers and buyers might face: Since land contracts carry more risk, many sellers set higher interest rates. If the real estate market is temperamental, you may want to try financing first to see if you receive a lower interest rate offer. During the contract term, the seller must still pay insurance premiums and property taxes while gaining no benefits from property ownership. Also, if the property value drops before the contract concludes, the seller incurs devaluation costs. The buyer faces risks too. Buyers cannot write the interest off their tax returns or enjoy tax deductions available to homeowners. They have no ownership benefits until the contract ends when they make that last payment. Meanwhile, they remain responsible for repairs and maintenance like an owner. A mortgage offers more flexibility if you face financial hardship and need time or assistance with payments. There are also state programs that help unemployed or disabled homeowners. Land contracts only work well if nothing changes for the worse. Unemployment, disability, or other contingencies can forfeit the agreement and any rights you have to the property. You cannot recoup previous payments, and any money you put into the property will benefit the seller – not build wealth for you. Sometimes, a seller seeks a land contract to escape title issues, including liens, public record errors, boundary disputes, and forgeries. There are also missing heirs, e.g., a deceased property owner named an heir to the property who never took possession. So, the seller may not be authorized to transfer the title or wishes to hide the issues and stick them on you. Fortunately, there are resources to help you perform a title search and see if any of these issues would encumber your property. A land contract could be a good idea if you: However, if your finances are unstable, and you have no guarantee that you can receive financing or cash for the balloon payment, then your land contract could be doomed to fail. Also, land contracts make good mortgage alternatives, but they are by no means “easy” or a quick fix. You still have the same responsibilities as you do with a mortgage, only there are more ways to lose the property you wish to own. Now that you have answers to “how does a land contract work,” you may find this is a viable option. But there still might be legal issues you’re not aware of. Consider getting a free initial legal review before you sign any land contract agreements. "
How Long Is a Life Sentence?,"When a judge sentences a defendant to life in prison, this doesn’t always mean that the individual who was convicted of criminal wrongdoing will remain in prison for the rest of their life. Depending upon the nature of the crime, any mandatory minimum sentencing laws that may apply to the situation, and whether there is a possibility of parole qualifying the judgment, a life sentence does not necessarily mean life imprisonment. So how long is a life sentence? Here’s a look at some common questions about life sentences and how they play out in the real world. The answer to the question “How long is a life sentence?” is present within the definition of the term “life sentence” itself. Practically speaking, a life sentence is a term of imprisonment in which the convicted felon must remain incarcerated for either the remainder of their life or until one of the following occurs: This means that the length of a life sentence can be changed by external factors. If not, the felon remains imprisoned for the remainder of their life. Not all crimes that are punishable by life sentences are parole-eligible. If someone is sentenced to life in prison without the possibility of parole, only a pardon or commutation of their sentence will allow them to apply for release. State crimes are pardoned or commuted by governors whereas federal crimes must be pardoned or commuted by the president. While pardons and commutations are rarely granted, many individuals who are sentenced to life in prison are eventually paroled. Most criminal defendants are sentenced under state law. Each state has their own requirements for the parole process. For example, in Georgia, those serving parole-eligible life sentences for serious violent felonies are eligible for parole after serving either 14 years in prison (for offenses committed before July 1, 2006) or 30 years in prison (for offenses committed on or after July 1, 2006). Not everyone who’s eligible for parole is granted this reprieve. When eligible for parole, a prisoner can apply to the parole board that oversees their case. The board then determines whether to grant or deny release. Even then, the decision of a parole board may not be final. For example, Sirhan Sirhan, who was convicted of the murder of Senator Robert “Bobby” Kennedy, was denied parole 15 times before his request was granted parole by a two-person panel. However, California’s governor at the time rejected the parole board’s decision due to Sirhan’s refusal to accept responsibility for his wrongdoing. If a defendant is convicted of multiple crimes or offenses (sometimes referred to as “counts” for the purposes of sentencing), they may be sentenced to consecutive or concurrent terms of imprisonment. Concurrent sentences are served simultaneously, whereas consecutive terms are served back-to-back. This calculus complicates the question of “How long is a life sentence?” Some consecutive sentences can result in a term of imprisonment that exceeds the span of any human life. The following example illustrates how even parole-eligible sentences can effectively become life sentences without any practical possibility of parole. Predatory former USA Gymnastics team doctor Larry Nassar was sentenced to consecutive state and federal sentences for sexual abuse and child pornography offenses. He is, technically, able to apply for parole under his sentencing terms. However, he won’t become eligible until 2117, which means that he’ll have to serve 100 years total before he can apply for release. Not every criminal defendant is accused of a single crime. When an individual is convicted of multiple felonies, such as the murder of multiple people at once, they may be subjected to multiple life sentences. Their sentencing may be handed down as concurrent or consecutive life sentences. While sentencing someone to multiple life sentences to be served consecutively seems counterintuitive (as the defendant only has one life to serve in prison), this sentencing structure is meant to honor the need for justice on behalf of each victim and to hold the offender explicitly accountable for each crime they’ve committed. While relatively few convicted felons are sentenced to life in prison or “de facto” life sentences at the federal level, life sentences and de facto life sentences are strikingly common in state courts. A de facto life sentence is one that, while not technically a term of imprisonment for life, is so lengthy that it effectively becomes a life sentence for the defendant. For example, if a 30-year-old is sentenced to 85 years in prison, they won’t be walking free again unless they’re paroled, pardoned, or granted a commutation. De facto life sentences are one more reason why answering the question “How long is a life sentence?” isn’t a straightforward endeavor. What is clear is that more and more people in the U.S. are being sentenced to life sentences. One study released by The Sentencing Project found that one out of every seven people in U.S. prisons were serving life or virtual (de facto) life sentences. This statistic indicates that while relatively few federal inmates are serving life sentences, states are imprisoning individuals for life or for life on a de facto basis, at staggering rates. The length of a life sentence can vary based upon whether the possibility of parole is available for a defendant. If you have additional questions about charges that you or a loved one is facing, schedule a free initial review of your case to learn more. "
How Does Escrow Work? 5 Things to Know,"One common term that often comes up during the home buying process is escrow. In this article, we’ll discuss five things to know about escrow and answer the question, how does escrow work? If you’re thinking about escrow, that means you have decided to purchase a home. So, while it will be fun to think about paint colors, kitchen tile, and new furnishings, you will also have to consider the practical aspects of buying a home. This is where escrow comes in so let’s take a deep dive into what escrow is and how escrow works. Escrow is a financial arrangement between two or more parties engaged in a transaction, such as buying a house, who agree to let a third party temporarily hold onto money or property on their behalf. The third party, who can be a law firm, an escrow company, or a title company, holds the money or property until the transaction is complete. This is known as holding the money “in escrow.” Most escrow accounts are used for real estate contracts, and they provide protection for both the buyer and seller. There are two main types of escrow accounts in real estate: mortgage escrow accounts for home buyers, and life of the mortgage accounts. Let’s take a look at both. Mortgage Escrow Account for Home Buying: The mortgage escrow account applies to home buyers who take out a mortgage. The lender you use will most likely require this account if you cannot pay more than 20% down for the property. How does escrow work in this type of account? Normally, the first time you use this account will be for the earnest money deposit. The third party will hold this money in escrow for the buyer. Life of the Mortgage Account: You might be wondering how does escrow work for the entire life of a mortgage? This account is set up at closing to help the buyer pay for property taxes and homeowners insurance. When a homeowner begins making monthly mortgage payments, a portion of the payment is deposited into escrow. This portion covers expenses outside of the principal and monthly interest on your mortgage. You can think of it like having an extra savings account to pay for taxes and homeowners insurance. The monthly amount the homeowner pays into this account may change depending on tax increases and higher insurance premiums. Because taxes and insurance costs can change, the lender may choose to require a financial cushion that would cover unexpected costs. Making sure that property taxes and insurance are paid on time is good for both the homeowner and the lender. Missed payments could result in a tax lien or lapsed insurance coverage and could result in financial penalties for the lender or even foreclosure for the homeowner. Some lenders will require an escrow account. Usually, this requirement is for risky loans, first-time homebuyers, or if the homebuyer has an Federal Housing Administration (FHA) or U.S. Department of Agriculture (USDA) loan. However, the requirement of an escrow account is not automatic, so if a home buyer meets certain requirements, he or she could choose to pay for taxes and insurance out of pocket. In addition, if you have a conventional loan, you would need an escrow account unless you can provide more than 20 percent on a down payment. Conventional loans are handled by private lenders and not backed by the government as FHA or USDA loans are. Therefore, the loans have strict financial requirements that not every homebuyer would meet. Pros: Cons: Escrow accounts are common tools that lenders use to provide financial benefits to both buyers and sellers of property. The accounts can help a homeowner ensure financial obligations are met each year without extra effort. Learning the basics of purchasing a home before you take the plunge can be a stressful time. Many deadlines are involved, and escrow can get complicated. That’s why it can be useful to get legal advice to answer the question of how does escrow work? To get started, get online help here. "
How Long Does an Uncontested Divorce Take?,"When most people marry, they assume their marriage will last a lifetime. They don’t plan for marital difficulties, and certainly don’t imagine themselves divorcing. The harsh reality is that nearly half of all marriages end in divorce. The best-case scenario involves parties who agree on the terms of the split, but how long does an uncontested divorce take? Regardless of the reason for the split, divorces can be emotionally exhausting, financially burdensome, and time-consuming. If you or a loved one are currently researching divorce options or wondering how long an uncontested divorce takes, you are certainly not alone. It’s important to know that you have options depending on the specifics of your situation. An uncontested divorce is a common option for couples who wish to split amicably and agree on dissolution and how their assets will be allocated. It can be a more straightforward legal process than a contested divorce and will likely save time and money. Our guide will provide important information on what an uncontested divorce is, how it differs from a contested divorce, and how long an uncontested divorce takes to finalize. Keep reading to discover if an uncontested divorce is right for you. In an uncontested divorce, both sides agree on the marriage dissolution and how assets should be allocated. This kind of divorce is a good option for couples splitting amicably. Uncontested divorces save the parties from undergoing significant portions of the adversarial litigation process, reducing costs and time. Couples that agree with the marriage ending and have no property, debt, child support, child custody, or alimony to discuss can seek uncontested divorces. This type of divorce does not require an attorney. State laws differ regarding the process of uncontested divorce, but the basics are very similar nationwide. A contested divorce occurs when a couple can’t agree on at least some of the elements of their divorce, such as how assets should be split. An uncontested divorce can proceed if both parties agree on key factors such as: If the couple no longer agrees or needs the judge to intervene to resolve a conflict, the divorce cannot proceed as uncontested and will instead be considered contested. How long does a contested divorce take? Since they’re adversarial in nature, they take significantly longer because each party’s attorneys need time to prepare and present their cases. Contested divorces require discovery, the process of obtaining evidence and records. Trials also take time, since witnesses and evidence are needed. In contrast, an uncontested divorce is relatively straightforward and considered “quicker,” since the parties agree on essential issues. One important point is that uncontested divorces, although “quicker,” are harder to appeal because parties mutually agreed to the terms of their settlement agreement. For the courts to modify the agreement, a certain period of time must pass or circumstances must have significantly changed. In contrast, contested divorces are more easily modified because the court ultimately determines the divorce issues and thus, is more open to modifying agreements. The first step in the uncontested divorce is to draft a marital settlement agreement to divide the couple’s assets, property, and debt. The settlement agreement may also include child custody and child support arrangements, if children are involved. After the marital settlement agreement is agreed upon, one of the spouses must file an official divorce complaint with the court in their county or state. After the complaint is filed with the court, the papers must be served to the other party. The service process can occur quickly, within days or weeks of filing the legal documents. After being served, the non-filing spouse has 35 days to respond to the complaint. If there are no objections to the complaint, a no-contest divorce can be scheduled, and usually concludes quickly. After the hearing, a judgment of divorce will be granted. So how long does an uncontested divorce take to finalize? Depending on the state where the spouses live, uncontested divorces can take anywhere from two days to 18 months. Hawaii, Minnesota, South Dakota, and Nevada offer the quickest uncontested divorces; around three to eight weeks. Maryland, New York, and North Carolina require a 12-month waiting period, while New Jersey requires an 18-month waiting period from the time of the complaint filing to the hearing. If a couple has children, it is best to consult a divorce attorney before any final papers are signed. States have strict laws about child support and custody, and both sides should be protected against unfair or illegal custody/support issues. In addition, most states will require a judge to sign off on a child custody arrangement, as the judge will attempt to determine if it is the best plan for the children involved. If you want to save some time and money, and you’re concerned about how long an uncontested divorce takes, an online divorce platform may be a good option for you. Many popular platforms require your divorce to be uncontested for use. These sites can help with proper document preparation and explain how to file your documents. Some services have attorneys on staff to assist with questions, while others are entirely self-completed (usually at a lower price point). Although online platforms can be helpful for uncontested divorces, there are times when you may want to hire an experienced divorce attorney. If you have substantial property and assets that aren’t easy to divide, child custody or support disputes, an inability to communicate openly with your spouse, or there is a history of physical or emotional abuse, it would be best to hire a divorce attorney to assist you. An experienced attorney will: Divorcing a spouse is never an easy or quick process. It can be frustrating, stressful, and emotionally, physically, and financially taxing. Divorce impacts every aspect of you and your ex-partner’s lives. In some cases, handling a divorce yourself makes a lot of sense, but in others, it is best to hire an experienced divorce lawyer. Regardless of what you decide to do, remember that legal options are available as you navigate the divorce process. If you find yourself in a situation where you still have questions about how long an uncontested divorce takes or how the divorce process works in general, or want to work directly with a divorce attorney, consider getting started with a free legal evaluation to understand your legal options. "
LLC Tax Benefits: A Legal Guide,"Registering your business as a limited liability company (LLC) is a relatively simple and inexpensive process. Along with protecting you from personal liability, registering your business as an LLC can help it gain credibility and establish financial independence. LLC tax benefits are another significant part of the decision to set up and register your business as an LLC. It’s important to understand that the tax advantages of LLCs depend on how the LLC members elect to pay taxes. What is most advantageous will not be the same for every LLC. There are a few different tax options available for LLCs. The default federal and state tax classification for an LLC is that of a “disregarded” or “pass-through” entity. This designation means the LLC is not taxed as its own business entity. Instead, each member (or shareholder) is responsible for reporting and paying personal income taxes on their share of the business’ profits (or losses). Each member may also have to pay federal self-employment taxes, including individual and employer contributions for Medicare and Social Security. Regarding single-member LLCs, they simply include the profits and losses on their individual income tax return. The LLC default tax status of multi-member LLCs is essentially the same as a partnership: each member reports their share of profit and loss in a schedule attached to their individual income tax returns. The Internal Revenue Service (IRS) also allows an LLC to elect S-Corp federal tax status. This allows the LLC to continue to be treated as a pass-through entity while reducing its members’ self-employment (FICA) tax obligations. The LLC does not pay taxes as a business entity to either federal or state agencies, while the individual members enjoy the LLC tax benefits directly. Larger and more profitable LLCs may use this designation to reduce their members’ income tax burdens significantly. As a sole proprietorship, partnership, or S-Corp, an LLC does not pay taxes as a separate corporate entity. Therefore, it does not have its own tax bracket, and no real LLC tax benefits or incentives are available to the LLC itself. Because of the pass-through nature of the LLC, tax rates for its members or shareholders will vary. Each reports their share of pass-through income and losses from the LLC on their personal tax return. State and local agencies then assess tax at each member’s individual income tax rate. However, a provision in the 2017 Tax Cuts and Jobs Act allows many owners of pass-through entities to deduct up to 20 percent of their net business income from their income taxes. Eligible LLC members/owners may be entitled to take the Qualified Business Income (QBI) Deduction on their individual returns, which can affect the individual tax brackets of the LLC’s members. Since the QBI eligibility requirements can be complicated, individuals who wish to explore this option should consult with a tax professional. Many businesses choose to organize as an LLC rather than a corporation (also called a C-Corp). LLCs are easier and cheaper to set up and manage. They do not have to comply with many of the recordkeeping requirements and other formalities required to maintain a corporation. The LLC default tax status is often better for a business than being taxed as a C-Corp. One of the drawbacks of a C-Corp is “double taxation.” This refers to a situation where the corporate entity pays taxes on its earnings and then distributes those earnings as corporate dividends; shareholders then pay taxes individually on those earnings. By contrast, the profits of an LLC are not taxed at a corporate level before they “pass through” to the shareholders directly. However, a C-Corp can take advantage of many tax reduction strategies not available to an LLC. Tax benefits of C-Corp status include the ability to classify members as employees, deducting their wages from the company’s profits. Doing so can reduce the company’s overall tax obligation while benefiting the members individually. The IRS allows certain LLCs to elect to be treated as C-Corps for tax purposes, even if they are not registered as C-Corp business entities. To make this election, LLCs must meet specific criteria and properly certify the request with the IRS. C-Corp tax classification for LLCs significantly increases the complexity of their operations and financial management. However, in some instances it can also significantly increase their profitability. If you’re starting a business and considering an LLC, tax benefits are just one of many things to evaluate. Learn more about the options available and find helpful resources for all your small business tax questions. "
Business Entity Types: Explanations and Overview,"Small businesses are the backbone of the vibrant US economy: more than half of all registered business entities have fewer than five employees. Starting your own business can be a way to monetize a hobby, meet the needs of your community, or get started in a new industry or career. Even small operations can take advantage of many federal, state, and local benefits. Different opportunities are available for each type of business entity. Before starting a business, you should explore the options that are available to you. What type of business structure you choose can impact your organization in many ways. Small businesses are regulated by the state or states in which they do business. Because the laws regarding business formation are different from state to state, the types of business entities authorized by each state vary. Some of the terminology is also different. Common types of business entities include: The simplest kind of business entity is a “sole proprietorship.” In most cases, you don’t need to do anything to establish yourself as a sole proprietorship other than to start doing business. However, you may need a license or permit to provide certain types of services or sell certain types of goods. In a sole proprietorship, you are responsible for paying taxes on your income as well as self-employment taxes, although you may be able to offset some of your tax burden by deducting allowable expenses related to the business. Alternately, partnerships are simple business structures among two or more individuals. As in a sole proprietorship, each partner is responsible for paying individual income taxes on their portion of the profits. Partnerships can be organized as a limited partnership (LP), which has one general partner and several limited liability partners, or as a limited liability partnership (LLP) for everyone involved. A limited liability company (LLC) is a very basic type of business entity that allows its owner(s) to separate the financial assets and liabilities of the business from their personal finances. An LLC can have multiple owners (called “members”), which can be individuals, corporations, or other LLCs. Members have the discretion to manage the business’s operations and distribute any profits how they choose. Besides limiting individual liability, the primary benefits of LLCs are that they: Most LLCs also can decide whether they wish to be treated as a pass-through business entity, an S-Corporation, or a C-Corporation for federal tax purposes. Before setting up your business as an LLC, you may wish to consult with an attorney or tax professional. Individuals must pay taxes on their income to the federal government, most state governments, and some local governments. While there are certain deductions available, an individual’s tax burden generally correlates directly to a percentage of their income. On the other hand, a corporation can take advantage of many different deductions, accounting methods, and financial strategies to reduce its tax burden. A corporation, or “C Corp,” is a legal business entity completely separate from any of its owners. Owners, managers, and decision-makers are generally insulated against personal liability for actions taken by the company. Corporations can issue shares, raise capital, and engage in other actions that aren’t available to LLCs or partnerships. A corporation pays taxes as its own entity on its profits; if applicable, shareholders also pay taxes on corporate dividends. However, many corporations are eligible for tax incentives and exemptions that dramatically reduce their overall tax burden. State and federal laws require companies to comply with many operational and record-keeping requirements. The costs to set up and maintain a corporation can be high, and there are also annual reporting requirements (and fees). An S Corp is a tax classification that provides some of the advantages of an LLC and some of the benefits of a corporation. It’s not actually a different type of business entity; eligible companies can be organized as LLCs, partnerships, or closely-held corporations. If the IRS approves a company’s request to be classified as an S Corp, the company itself will not be subject to federal taxes. Instead, its profits or losses will be reported by the individual members or shareholders. In general, the primary purpose of a nonprofit or not-for-profit business entity is to provide a collective, public, or social benefit rather than to make money for its owners. Qualified nonprofit and not-for-profit organizations are exempt from federal income taxes and may qualify for other benefits and incentives. The rules for establishing a nonprofit or not-for-profit organization vary significantly from state to state. Most jurisdictions require a high degree of transparency in their operations, management, and accounting. A joint venture can offer two or more businesses the opportunity to pool their resources and share their expertise to accomplish a particular objective. The manufacturer of a product might be presented with an opportunity to bid on a large contract requiring a substantial amount of raw materials. Purchasing the raw materials on the open market might require a huge expenditure of capital, so the manufacturer might approach the supplier with a proposal to combine their respective resources through a joint venture agreement. The contents of a joint venture agreement will depend upon the facts and circumstances of the joint venture and the needs of the parties. Here are five things you might consider for inclusion in your joint venture agreement. When two companies get together in a joint venture, each one might be contributing something other than money. The joint venture agreement should clearly state what is being contributed by each participant. For example, if one participant is supplying raw materials while the other party is going to manufacture a product from those materials, then the agreement should specify the amount of the raw materials that will be needed and to produce a specified number of items. The end of the joint venture might be stated by a date. Depending upon the circumstances, it might be better to state the termination of the venture by referring to fulfilling a certain number of orders or by some other quantifiable measure. It should not be assumed that profits and losses are being divided according to the financial contribution of the parties to the joint venture. Make it clear in the joint venture agreement how each of the following will be divided: It’s easy to talk about making money and having a successful joint venture, but you also need to discuss what could go wrong and what will happen when it does. The joint venture agreement should have contingency plans written into it in the event any of the participants cannot perform their obligations. Disagreements and conflicts will invariably arise during the course of even the most carefully negotiated and planned joint venture. When conflicts arise, the best thing for the parties and for the success of the venture is to resolve them quickly and efficiently. You might wish to include a mediation or arbitration clause in your joint venture agreement to avoid lawsuits or long, drawn out disputes that could jeopardize the success of the enterprise. The success or failure of a joint venture can depend on the time and energy the parties put into their joint venture agreement. Anticipating problems that might arise and addressing them in the agreement is the key to a successful enterprise. Whether you’re just hanging out your shingle or you’re ready to take your small business to the next level, you’ll benefit from learning more about the many opportunities available in your area. Determine which business entity is best for you, learn the easiest way to set up your small business, browse information specific to your state, and find links to useful resources. "
Short Term Disability After a Car Accident: FAQ,"The effects of a car accident can radiate across all areas of your life, ruining your plans and upending your routine. If you cannot work because of your injuries, you may struggle to stave off financial collapse. Collecting short-term disability after a car accident can help you get on steadier footing while your injuries heal. Short-term disability insurance covers your lost wages if you are temporarily unable to work due to an injury or illness. You can purchase this coverage independently as a stand-alone policy. An employer’s policy may also cover you. Only a few U.S. states and territories require employers to offer short-term disability coverage to their employees. In some, coverage is organized and managed by the state (funded by employee contributions, employer contributions, or both). The others require employers to either self-fund coverage or purchase third-party policies for their employees. Areas with short-term disability coverage requirements include: In the rest of the U.S., employers can choose whether to offer their employees short-term disability coverage. Some companies offer it as an optional benefit, while others cover all employees after a certain period. Check with your manager or HR department to see if an employer’s policy may cover you. If you have an individual life insurance policy, you should check with your insurance broker or agent to see if it includes short-term disability coverage. Many insurers offer discounts for multiple policies or bundled packages that might include short-term disability. After car accidents, policyholders sometimes learn about coverage they never realized they had! If you were involved in a car accident in the workplace or while performing work-related activities, you are likely eligible for workers’ compensation benefits. Workers’ comp is an insurance program that most states require employers to participate in. It compensates covered employees for their medical expenses, lost wages due to temporary disability, and compensation for permanent disabilities (if applicable). After a car accident, you may be completely unable to work because of your injuries, or you may be only able to work a lower-paying job or fewer payable hours. Temporary disability allows you to recover a percentage of your total average weekly wage or the difference between your former and current wage. These benefits continue until the date you return to work, are declared medically capable of returning to a similar position, or reach Maximum Medical Improvement (MMI). Workers can be eligible for both workers’ comp and private insurance benefits for short-term disability after car accidents. However, a workers’ compensation carrier may reduce the amount of its benefits to account for this other income. Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are federal programs that provide financial assistance to individuals with disabilities. However, to qualify for either of these programs you must have a disability that has lasted or is expected to last at least 12 months. Some states, including California and New York, have created short-term disability programs that provide cash benefits to injured residents. Contact your state’s employment department to find out if your state offers any kind of temporary disability benefits. If you receive a settlement or award in a claim or lawsuit related to your car accident, you may have to repay the money you received under workers’ compensation or short-term disability. After car accident claims are resolved, the insurance companies often try to recoup some or all of what they have paid out from the settlement proceeds. However, don’t let this discourage you from pursuing litigation against an at-fault party. In a claim for personal injuries after an auto accident, you may be able to recover damages well above the maximum amount covered by workers’ comp or short-term disability. Collecting short-term disability after a car accident can impact your eligibility for other benefits, including SSDI and workers’ comp. A personal injury attorney can help ensure you don’t accidentally waive any of those rights or overlook any programs that could help compensate you for your injuries. Take the first step today with a free review of your injury claim. "
What Is an LLC: A Legal Guide,"It’s relatively easy to organize a business as an LLC. LLCs range from small online shops to large, multi-level companies. If you are considering starting a business, check out the following answers to the most frequently asked questions about LLCs. An LLC is a business structure recognized by the IRS but governed by state law. Let’s break it down by discussing what limited liability is and how this type of organization works. LLC stands for “limited liability company.” As the name suggests, an LLC is formed to limit the liability to which its owners (known as members) are exposed. LLC members are shielded from being held personally liable for the activities of the business, meaning their personal assets are safe if the business fails. LLCs share similarities and differences with corporations, partnerships, and sole proprietorships. LLCs and corporations both shield their members from liability, but corporations have more extensive filing, meeting, and taxation requirements. A corporation is subject to “double taxation,” meaning it pays taxes on its profits to the federal government, and the members also pay taxes on the money received from the corporation’s profits. Business income for LLCs, by contrast, “passes through” the LLC and is taxed as personal income. Corporations subject to double taxation are known as C-corporations (or “C-Corps”). There is a special tax status called an S-corporation (or “S-Corp”), which avoids the double taxation. C-Corps and LLCs can claim S-Corp tax status to avoid double taxation. Partnerships and sole proprietorship members are not shielded from liability for business activities. Like LLCs, business income “passes through” to the members for tax purposes, avoiding corporate double taxation. A sole proprietorship has one member, and a partnership has more than one. The term “disregarded entity” means the income from a single-member LLC passes through to the member. The IRS “disregards” the LLC as a separate entity and considers the profits of the business and the member’s personal income as the same thing. Partnerships are treated the same way but have more than one member. An LLC can “elect” to be treated as a C-Corp or S-Corp for tax purposes. Electing C-Corp tax status allows some profits to be kept in the business (rather than being paid out to members) but avoids the administrative burdens of organizing as a corporation. The corporate tax rate is lower than the personal income tax rate, but in 2018 Congress introduced a lower tax rate for LLCs, sole proprietorships, and partnerships to even the playing field. Members of LLCs treated as S-Corps are both owners and employees for tax purposes, while members of LLCs with default tax status are only considered owners. Members of an S-Corp LLC pay themselves a salary and a distribution from profits, but only pay employment taxes on the salary. As a result, a significant way S-Corp status helps an LLC is by lowering Medicare and Social Security taxes. Each state has its own rules regarding LLC formation. Many states limit what types of businesses can be organized as LLCs, with the most common restrictions imposed on financial services companies such as banks. For tax purposes, an LLC can be treated one of three ways: as a disregarded entity, partnership, or S-Corp. However, there are several ways an LLC can organize, which may or may not be permitted depending on the state. Common types include (but are not limited to): Does the IRS consider an LLC a corporation? Yes, and no. An LLC is different than a corporation but can be treated like one for tax purposes. An LLC files as a corporation with the IRS by submitting Form 8832 and electing corporation status. Even if an LLC has been treated as a partnership or disregarded entity for years, it can change its status. An LLC can have an unlimited number of members. Furthermore, membership is not restricted to individual human beings, but can include corporations, other LLCs, or foreign entities. Now that you know what an LLC is, you can determine which type of LLC is right for you. It may help to ask the following questions: An attorney or accountant can help you determine which type of LLC is the best choice. Forming an LLC is as easy as filing paperwork with the Secretary of State where you want to do business. This involves choosing a state, naming your business, appointing a registered agent, and writing and filing the articles of organization. Many companies specialize in providing registered agents or formation services for you. Once your paperwork is filed with the state, you’ll get a tax number known as an employer identification number, or EIN. You’ll use this number to open the required business bank account, register for state taxes, and hire an accountant. Again, every state has its own rules, and a formation company can take care of most tasks for you. Now that you know what an LLC is and how it works, let an experienced formation company help you launch your LLC today. "
How the Uber Car Accident Process Works: A Guide,"If you’ve been injured in a car collision involving an Uber driver, who is held liable will depend on several factors. These include the details of the crash, the type of insurance the at-fault driver has, and what the Uber driver was doing at the time of the accident. Our Uber car accident guide will explain the common liability scenarios if you’re hurt while riding in an Uber or injured by an Uber driver as another motorist or pedestrian. Uber’s popular rideshare app allows passengers to travel around town without worrying about parking or gathering enough cash for the trip. In 2019, riders caught 6.9 billion rides with the app, according to Forbes. Like most Americans, you’ve probably ridden in at least one rideshare without worrying about whose insurance is covering you while you’re in the vehicle. But what happens if your Uber driver gets into an accident while you’re riding in the vehicle? What happens if you’re hit by an Uber as a pedestrian or while you’re driving your own vehicle? This is more common than you think. A report from the University of Chicago’s Booth School of Business found that rideshare services like Uber may have led to a 3 percent increase in overall car collision fatalities. If you’re hurt in an Uber car accident, who is liable? It depends. One complicating factor in the Uber car accident process is that rideshare drivers straddle the line between being classified as commercial and personal drivers. Because they are technically independent contractors, Uber drivers aren’t employees of Uber. Drivers use their own vehicles to complete rides, so they historically haven’t been required to obtain commercial vehicle insurance unlike other professional drivers (like bus drivers). For a long time, rideshare companies declined to carry driver insurance and instead had drivers rely on their own insurance policies in the event of accidents. When Uber drivers who had never obtained commercial auto insurance got into collisions, this created issues with Uber car accident claims because the accidents often happened during non personal work trips. This would be reflected in the Uber accident report and make insurers less likely to pay. Uber began changing its insurance policies following a 2013 lawsuit after a six-year-old (Sofia Liu) died in an accident caused by an Uber driver. She, her mother, and her brother were hit in a crosswalk by the driver who was logged into the Uber app but was not carrying any passengers. Uber settled the case for an undisclosed and sealed amount. As a result of that case, Uber’s coverage expanded to include crashes and collisions caused by Uber drivers even if they didn’t have any passengers but were logged into the Uber app and ready to accept a rider. Additionally, Uber requires rideshare drivers to maintain personal car insurance that meets their state’s minimum financial responsibility. Further, in no-fault insurance states, drivers must maintain Personal Injury Protection (PIP) policies like other drivers. Uber teams up with national insurance companies to provide coverage to their drivers and passengers. If your driver was operating the vehicle with passengers in it and you were injured in a car accident, Uber will likely provide up to $1 million in liability coverage. If a driver was available on the app and waiting for a ride request-with no passenger in their car-when they hit you (in another car), you will first file a claim through the driver’s personal insurance. In these cases, Uber’s contingency insurance can also kick in as a supplement. Uber can pay up to $50,000 in bodily injury per person (with a total of $100,000 per accident). For property damage, Uber can pay up to $25,000. If you’re injured in a car accident while riding in an Uber but your rideshare driver wasn’t at fault for the collision, the at-fault driver is usually considered liable. Just like if you were a passenger in a typical non-rideshare accident, you can pursue damages for the accident against the at-fault driver by filing a claim with their insurance company. Uber also provides uninsured/underinsured motorist bodily injury coverage if someone is at fault and they don’t have enough insurance coverage for damages or sustained injuries. This additional insurance provision may also kick in following a hit-and-run. Uber’s liability protection only applies to Uber car accident claims when drivers are actively working. If a driver hits you while offline and their driver app is off, you must go through your insurance and the driver’s insurance policy for damages. Car accidents involving Uber rideshares happen daily, but successfully filing a car accident claim and receiving compensation for sustained injuries isn’t a cut-and-dried process. Insurance companies evaluate many factors, including whether the Uber driver was online and available to accept rideshare clients, which driver was at fault for the accident, and other factors. If you’ve been involved in an Uber car accident and have additional questions about the Uber accident report process, contact an experienced attorney for a free case review to evaluate the incident and help you with the claims process. "
What Is a Salvage Title?,"What is a salvage title? You may encounter this term while looking for an inexpensive car or filing a claim after an auto accident. Some people choose to keep their vehicle after a total loss and repair it, which means applying for a salvage title. However, you should always proceed cautiously if you come across a salvage title. All states issue car titles. They show the make, model, year, color, vehicle identification number (VIN), and the owner’s name and address. If you financed the car, the financing lender’s name and address are on the title as the owner. So, what is a salvage title? A salvage title indicates that an insurance company declared the vehicle a total loss after an accident, natural disaster, or theft. A total loss means repairs cost more than the car’s actual cash value. For example, if the insurance company values your car at $10,000 and estimated repairs are $12,000, it would consider your vehicle a total loss.; Total loss standards vary between states. Some states lower the amount considered a total loss. For example, New York considers cars a total loss if the repairs exceed 75% of the car’s value. So, a car valued at $10,000 becomes a total loss if estimated repairs exceed $7,500. Accidents figure prominently in the salvage title scene. However, there are other reasons why a car can end up with one. Here are a few: Salvage titles also arise when owners of a totaled vehicle wish to repair or continue driving them. Owners often choose this option with low-value cars that have liability-only coverage. Also, people who believe they can fix their own cars often want them back as salvage titles. However, an immediate “buyer beware” situation arises if these individuals try to resell their repaired vehicles. If you find yourself asking “what is a salvage title” as you consider a car purchase, you should proceed with caution. You may find a salvage project worth the time and effort if you’re a skilled auto mechanic or car restorer. After all, if the project doesn’t work out, you still have a parts car! A salvage car may also work out if you are not concerned about cosmetic flaws and the vehicle runs reliably enough. However, getting a formal road safety inspection is still a good idea as it could have unsafe conditions that aren’t as easy to observe. Other than that, buying a salvage car is probably not a great option. You will likely pay people more to keep it running than if you purchased a newer car. You can also face these risks when buying a salvage car: The best way to check title status is to run a VIN check. You’ve likely heard of services like CARFAX and Auto Check, but there is also a free check through the National Insurance Crime Bureau (NICB.) That search reveals salvage titles and theft claims. However, less reputable dealerships may engage in title washing when unfavorable information is removed from a title report. Fortunately, there are other signs of a salvage title, such as: An excellent general rule is never to buy a car that leaves you with misgivings. If a buying experience makes you uncomfortable, walk away. There may be nothing sketchy going on, but following your gut will prevent a regretful car purchase. No! If anyone claims they can clear a salvage title – run. Don’t buy from that individual. It’s more likely that their salvage title “clearing” was title washing. A salvage title can become a rebuilt title. Titles for rebuilt vehicles have “rebuilt” branded on them. If you see this designation, someone repaired a salvage title car, and it passed a formal inspection. These are street legal and likely safe to drive. Unfortunately, a salvage title vehicle usually amounts to a costly inconvenience. If you’re stuck with a salvage title after a car accident, there may be ways to recoup your losses. Consider getting a free review of your case today to learn more about your rights and options. "
Auto Accident Settlement Process: FAQ and Answers,"If you’ve been in a serious car accident and seeking compensation from the other party, you may have discussed the possibility of a settlement. Recovering from a car accident can be stressful, but the auto accident settlement process does not have to be. Here are answers to some of the most frequently asked questions about settlements. In law, a settlement is defined as the agreement that ends a dispute and includes the dismissal of the rest of the claims against the defendant. In a car accident case, it means you agree to accept a certain amount of money for your pain, suffering, and any other damage incurred. It means the lawsuit is over and you cannot change the terms later, even if you discover new injuries or other reasons you think you deserve more money. The parties to the lawsuit—the plaintiff and defendant—must both agree to the terms of the settlement, usually on the advice of their attorneys. A settlement typically occurs in lieu of trial but can also take place later if terms of the settlement could not be reached prior to the beginning of the trial. One or both parties may choose to settle a case rather than go to trial to avoid negative publicity. Terms of settlements are often kept confidential for this reason, either to avoid looking guilty, in the defendant’s case, or to keep the amount of money received under wraps, in the case of a successful plaintiff. The settlement process is useful to parties who want to resolve the matter and avoid messy, expensive litigation. Every case is unique and unfolds differently. Some claims settle without a lawsuit ever being filed, and some settle after a lawsuit is filed but before trial begins. If an insurance company offers to accept your claim and you begin the settlement negotiation process, the steps will roughly include: If the insurance company denies your demand or their offer is so low you don’t think you’ll be able to negotiate an amount acceptable to you, then you may choose to file a lawsuit. Sometimes the threat of a jury trial will encourage insurance companies to settle on a higher amount, but it depends on how strong the evidence is in your case. If you do file a lawsuit, the parties will engage in discovery, or evidence gathering. Settlements often take place after discovery but before going to trial, since both sides see the extent of the evidence against them and may be inclined to avoid trial. Still more settlements take place after trial begins, with either side holding out on a settlement agreement as long as possible for various reasons. Understandably, plaintiffs want to know how long it will take to settle an accident claim. You may have medical bills piling up or be dealing with lost income from missing work due to the accident. How long should you expect the process to take? The car accident settlement process takes slightly less than one year on average, with timelines ranging from a few months to two years. Settling quickly is appealing because you get paid faster, but it’s not always advantageous to settle quickly. If you have bills piling up, getting any payout as fast as possible may be your priority. However, taking more time to calculate your damages, gather strong evidence, and draft the best demand letter or lawsuit possible could pay off in the end with a much higher payout. It comes down to the strength of your case and whether you’re willing to spend more time waiting for a potentially higher payout. The answer to this question heavily depends on the facts of your case, and therefore can only be estimated by your attorney. The logical answer is that your payout should be roughly equal to the costs you’ve incurred, as the goal of compensatory damages is to put you in the same position you were in before the accident. Calculating a payout based on medical bills and repair costs seems straightforward. But what about pain and suffering, lost wages, or punishment for wrongdoing on the part of the driver who is at fault? Those items are often subject to compensation but are more difficult to calculate. An experienced attorney will let you know what to expect. You have the option to represent yourself in an insurance demand or lawsuit, but hiring an attorney is always a smart move. Since most personal injury attorneys get paid on a contingency fee, meaning they only take a portion of what you win, you won’t have to worry about paying out of pocket. Hiring a personal injury attorney for your car accident settlement will lessen the emotional burden of recovery and allow you to move on with your life more quickly. After a serious car accident, you’ll have plenty of things on your mind. Once you’ve sorted through the event’s immediate aftermath and sought medical treatment for your injuries, you’ll need to worry about getting your car repaired or purchasing a new one. This will probably require you to engage in a sustained exchange of information with your auto insurer’s claims department. Eventually, it may also necessitate a lengthy and stressful period of negotiations. Depending upon its policies, your insurer may choose to pay off the body shop that repairs your vehicle. On the other hand, it may ask you to cover your repair costs and submit a detailed accounting of the charges to its claims department. In this case, your vehicle’s repair costs will become part of your “accident settlement.” If your vehicle was totaled in the accident, the resale value of the car will almost certainly be bundled into your settlement as well. Unfortunately, your settlement can take weeks, months or even years to come. In many cases, this time frame is directly proportional to the total cost of the accident. If you sustained relatively minor injuries and property damage, your settlement check could come within just a few weeks. If your accident was more serious and necessitated a lengthy physical recovery, your settlement could be delayed by many months. The slow pace at which some medical institutions compile and issue their bills is usually the cause of this “holdup.” However, financial disputes between you and your insurance company may also serve to delay the issuance of your settlement check. If you’re enrolled in an expensive program of physical therapy or claim to have suffered psychological damage as a result of your accident, your settlement may take years to arrive. Ironically, your settlement is likely to be further delayed by your decision to retain a lawyer. In addition, your lawyer may be willing to make unpleasant compromises in the service of expediency. If your lawyer urges you to accept an expeditious but inadequate settlement, you may refuse to do so. If he or she presents the settlement as a “final offer” that isn’t likely to be repeated or exceeded, you have the right to bypass him or her and negotiate directly with your insurance company’s claims department. Since your lawyer may be working on multiple cases at once, this might actually speed the claims process along. However, your “fired” lawyer may still have the right to bill you for his or her services. You can find lawyers for auto accidents everywhere! They advertise online, on TV, and even on bus benches and billboards. All this information makes it challenging to figure out whether an attorney is good at handling auto accidents or is a good match for your situation. Fortunately, there are ways to make it easier to find a lawyer for an auto accident. Here are five tips to help you find a personal injury attorney. If you find yourself asking, Should I get an attorney after a car accident? chances are, the answer is yes. You may need to call a lawyer sooner rather than later if your insurance claim doesn’t go as planned or if you face any of these situations after a car accident: You also have a limited window for filing a legal action against another driver. These laws are called statutes of limitations. Depending on your state, your time limit may range from two to three years from the date of your injury. Hiring a lawyer can help you avoid missing these deadlines. You likely trust your friends’ and family members’ judgment, so ask them who they hired. You may find an excellent personal injury attorney match or learn who to avoid. If you don’t know anyone who has recently hired an auto accident attorney, search online and read reviews. You can find reviews when you pull up law firms on search engines. One review site, Avvo, lists attorneys and allows former clients to review them. Generally, you want to find an attorney who is skilled, professional, and reassuring. Most of this is personal preference, so take your time with this step. Start with calling attorneys first. Those first phone calls will give you an idea of how an attorney communicates and whether their office runs smoothly. Calls also indicate turnaround time; you want responsiveness, not days waiting for a return call or email. When you find someone promising, schedule a time for a consultation. Many attorneys offer a short consultation free of charge to discuss your case. If you’re not sure whether there will be a charge, be sure to ask. Some lawyers for auto accidents run like ‘personal injury settlement mills,’ which take as many cases as possible and settle them quickly. Proceed with caution if: The “mill” approach often fails to give your case the personal consideration or attention to detail it needs. You likely want to avoid those law practices and seek an attorney who treats you like a human rather than a potential settlement amount. Most personal injury lawyers charge a contingency fee for their services. The terms for this fee are outlined in a contingency agreement, which explains how lawyers receive compensation. Unlike a fixed hourly fee, you don’t have to pay attorney fees until the lawyer settles or wins your case. Once that happens, the attorney receives a portion of your damages award as their fee. That portion depends on when the case is settled. Percentages can range from 25% (if the case settles before the insurance company gets its attorney involved) to 50% (if the case goes to trial.) Here’s an example of how this works. Let’s say you sustained a bad whiplash injury, and your case settles directly with the insurance company for $25,000. In this case, your attorney receives 25% of the award as a fee, which is $6,250, leaving $18,750. You receive the balance after your attorney arranges payment of outstanding medical bills and other costs. Any agreement regarding contingency fees must be in writing, so don’t go forward with an attorney if they never present a written fee agreement. Make sure you understand how much an attorney receives and when. Ask questions if any part of the agreement is unclear. Choosing a personal injury attorney is similar to finding a therapist. You want to get along with them, but more importantly, you should feel safe talking to them. Successful car accident cases depend on you being as open as possible about everything, including items that may affect your credibility (past felony convictions, work issues, etc.). Your attorney can’t deal with those issues unless you share them. Also, injuries may come with embarrassing symptoms and circumstances. Your attorney may need to provide these facts to insurance adjusters and the attorney for the other party. The impact of your injury may be important to the success of your claim. Don’t hire an attorney if you can’t discuss these details with them. Your attorney should also listen well, answer your questions, and explain things you don’t understand. You should feel seen, and if that’s not the case you should find someone new. While money can’t replace the time and enjoyment lost after a wreck, it can make things easier — especially if you miss work or incur expenses due to car crash injuries. Even a minor car crash injury, like whiplash, can be painful and disruptive. Here’s how you can get compensated and move forward after an accident. The first step to receiving compensation for car crash injuries is filing insurance claims. Those claims are more likely to be successful if you have information ready. Start with the basic information you need for an insurance claim: Also, consider taking photos, especially if you feel shaken and worry about forgetting important details. Examples of compelling car crash photos include: Later, you can request accident reports, including anything filed by a law enforcement officer. The report may include facts you don’t remember and, more importantly, any tickets issued to other drivers. Record what happened while it remains fresh in your memory and note any pain or distress. You can write these observations down, but you might find it easier to record a short video or audio account on your smartphone after the accident. Seeing a doctor after a car accident documents your injury. Your injury claim is more credible if you seek medical attention immediately than if you linger in pain for days or weeks. If hidden injuries present themselves later, you at least have a pattern of establishing medical treatment and seeking care. Unfortunately, accident victims frequently overlook medical and mental health treatment as an important step to receiving compensation. Many drivers lose insurance claims because they downplay soreness or brush it off as ‘not that bad.’ Seek treatment for these common car accident injuries if you are sore, unusually distressed, or feel simply “off.” Soft tissue injuries include sprains, strains, and bruises to the muscles, tendons, and ligaments. Symptoms can be immediate or show up days after an accident. However, without treatment, these injuries become extremely painful. Examples include whiplash and back pain after an accident. Accident victims may sustain bruises and cuts from broken glass or impacts with the steering wheel, door panel, dashboard, or flying objects. Also, deployed airbags cause abrasions, especially with shorter drivers who sit closer to the steering wheel. You can suffer burns if your car or anything inside it accidentally catches fire. Airbag deployment can also cause burns on your hands and face. Drivers may also sustain burns if vehicle fluids or hot drinks splash on them at impact. If you sustained whiplash or experienced a headache after a car accident, it may be a good idea to have a doctor evaluate you for traumatic brain injuries (TBI). They can happen when accident victims hit their head on a dashboard, door frame, or steering wheel — but the jerking back-and-forth motion of a whiplash accident can also cause brain trauma. You don’t have to lose consciousness to sustain a TBI; if you feel dizzy, tired, confused, nauseous, or “foggy,” see a doctor immediately. Bad car crashes may result in broken bones, often hands, wrists, arms, ankles, and ribs. Drivers may suffer a fracture when they brace against the steering wheel or floor. Blunt force trauma is another cause of fractures. But you may not notice the fracture right away. For example, “dashboard knee” is usually a soft tissue injury resulting from the knee hitting the dashboard. However, further investigation can reveal cracked knee caps along with ligament swelling. Internal injuries are frequently hidden and you may not feel them until they become serious and life-threatening. It is a good idea to head to an emergency room or urgent care center as soon as possible after an accident so doctors can check for internal injuries before they become serious. There are instances where people develop PTSD from a car accident. Even minor accidents can lead to anxiety disorders, phobias, and other disruptive mental health conditions. You have two options for filing an insurance claim for car crash injuries: filing it with your insurance or filing with the other driver’s insurance. It’s normal to want the at-fault driver to cover your damages, but there are good reasons for using your own insurance. Using Your Insurance CoverageYour insurance policy may include personal injury protection (PIP), which covers medical expenses, lost wages, and rehabilitation costs when you sustain injuries in an auto accident. PIP pays these bills regardless of fault, so it keeps your expenses paid and under control. It’s also helpful if you miss work since it covers lost wages. Another benefit of PIP is its replacement services coverage. If pain, recovery, or immobility make life matters unmanageable, PIP will cover basic services like house cleaning, landscaping, and extra child care. Besides PIP, you may also carry uninsured/underinsured motorist coverage. This coverage pays medical bills, property damage, and noneconomic damages, like pain and suffering. It activates after hit-and-run accidents or when the at-fault driver doesn’t have enough insurance coverage to pay your damages. You may wish to skip your insurance and go straight to the other driver’s insurance if: Claims limited to property damage are the easiest to settle with another driver’s insurance policy. Insurance companies typically don’t dispute property damage after they accept liability. Also, repair receipts or estimates make property damage objective and easy to prove. If the insurance declares your car is a total loss (totaled), it will reimburse you for the car’s actual cash value (ACV). Car accident injury damages fall under two categories: economic damages and noneconomic damages. Economic damages include medical expenses, lost wages, rehabilitation costs, and other out-of-pocket expenses. Noneconomic damages are less tangible and they involve placing a dollar amount on things like “pain and suffering” and “reduced enjoyment of life.” You need to take different approaches when proving these damages. Here is how to start itemizing damages from a car crash injury. Economic damages are easier to prove in a car crash injury claim if you keep receipts and invoices. Once you start medical treatment and the claims process, you can likely get reimbursement for expenses arising from the accident. Medical care will likely make up the largest share of your economic damages. You can prove these expenses by keeping the following: Medical payments will likely pay out directly to your providers, not you personally. So, when you submit bills to the insurance company, ensure you provide the most updated statements. Otherwise, you risk still owing a balance after your case settles. For lost wages, take a compare and contrast approach. Start with pay stubs showing your income before the accident, and then pull up pay stubs after the accident. The comparison shows your wage loss and determines your compensation amount. You can take the same approach with diminished earning capacity. Sometimes, people can’t return to their previous profession due to disabling injuries. Head trauma, for example, may make it impossible for an accident victim to continue working as an accountant or attorney. Likewise, a physical disability may remove a car crash victim from a heavy-duty job into a lower-paying light-duty one. You may establish diminished earning capacity by comparing your previous pay to your current salary. Noneconomic damages are difficult to prove because they are subjective and vary between individuals. Your compensation amount can depend on how much your injuries change your life. Proving noneconomic damages is challenging but not impossible. The trick with these types of damages is contemporaneous records; you’ll need a history of what you were feeling or experiencing. These records are much more persuasive than recounting memories of your experience when you discuss them after your recovery. Consider keeping a journal of your recovery, either written, video, or voice recorded, and document your challenges. Even the most mundane details will help your case. For example, note any time you miss a vacation or a long-anticipated event or if you have severe pain one day that prevents you from grocery shopping. Other people can help you prove noneconomic damages, too. Your family, friends, and other loved ones can submit statements of what they witnessed. If you have mental conditions like PTSD from a car accident, psychiatric and counseling notes could help. The aftermath of a car accident can be exhausting. Once the dust settles and you’re away from the scene, it’s time to deal with paperwork. This is how to get a police report for a car accident, what you can expect, and the reasons you need one. The most common reason to obtain a report is to send it to your insurance company. All critical information such as contact and insurance for the other parties, diagrams of the accident, vehicle details, and date and location are contained in this one document . These five tips can make the process clearer and easier for you. There are a few strategies for how to get a police report. For a car accident in which police respond to the scene, it is a good idea to get the officers’ names and badge numbers. This makes tracking down the report much easier later. You can access a report filed by a responding officer in the following ways. Contact the appropriate law enforcement office to request your report. Whether the local police, county sheriff, or highway patrol respond depends on the jurisdiction. For example, state troopers may respond to accidents occurring on interstates and highways. The responding officer should give you instructions on how to find your report once it’s filed. If not, call or visit the appropriate police department. Additionally, many jurisdictions have simple online forms you can fill out to request your accident report. It is worth asking the responding officer if they have a carbon copy of the accident report available at the scene. This is unlikely as most jurisdictions charge a fee to access accident reports. If there is not a carbon copy available, the officer should provide you with a free report receipt, which you can reference to request the full report later from the appropriate law enforcement office. Usually, you are the one who obtains the report and sends it to the insurance company. Occasionally, however, your insurance company will collect the report, and you can request a copy from them. It’s worth asking your insurer since it could save you time and money. Your instinct will likely be to track down the accident report as soon as possible, but it might not be ready. Some jurisdictions may not make the report available until, for example, at least 14 days after the accident. On the other hand, some jurisdictions limit how long you have to request your report before it’s no longer available. It may be possible to obtain a copy if you miss the deadline, but it will be more difficult. Check with the responding police officer or law enforcement office. You should get documentation even if the police weren’t called. Legal problems can arise even after the most minor fender-benders. Other parties can claim later that they were injured, or claim you were at fault even if you were not. A police report may protect you from liability for something you didn’t do, or from car accident fraud. You may wonder how to get a police report for a car accident when police officers did not respond to the scene. In that case, you would need to file your own accident report by visiting your closest Department of Motor Vehicles (DMV) location. You may have between 10 and 30 days to report an accident on your own, depending on your jurisdiction. Depending on the state, your accident report may only be available to you, your attorney, your insurance company, and the other parties to the accident. You will likely need to request the accident report yourself. Rules for how to get a police report for a car accident vary by state. Some reports become part of the public record after a certain amount of time. Even when records are technically public, they may still be behind a paywall or only available for certain purposes. Your accident report was created by another person, so it likely won’t be perfect. Review it closely and bring any errors to the attention of the law enforcement office, or ask if you can amend it to include missing information. This can shield you from liability that may arise from a mistake or omission in the report. Every car accident is stressful, even a minor fender bender. These unfortunate events disrupt your routine, cause delays, and can set you and your passengers on edge. Knowing what to do after a minor car accident can put you in a much better position to make the best decisions in an emotionally charged situation. There is no generally accepted definition of a ‘minor’ car accident. However, the National Highway Traffic Safety Administration (NHTSA) defines the term in the context of when you should replace a child safety seat. A minor crash is one in which all of the following apply: Because it’s better to be overcautious regarding driver and passenger safety, this definition essentially restricts the designation to all but the slightest collisions. In broader terms, most people would probably agree that a minor car accident is one in which the vehicle(s) involved sustain minimal damages and the occupants have only minor injuries. However, the existence and scope of damages can be challenging to determine at the time of an accident. Accidents that seem to be small may result in significant damage. With a ‘latent injury‘ you may not feel hurt immediately after a car accident, even if you are. Adrenaline and endorphins can delay the onset of pain for injuries like broken bones and torn ligaments. Many other types of injuries — both minor and severe — may not be readily apparent. Some conditions take a day or more for symptoms to appear. Serious conditions like internal bleeding may not show any symptoms at all until it is too late. Minor car accidents can cause bruising, muscle strain or sprains, herniated disks, pinched or damaged nerves, concussions or other traumatic brain injuries (TBI), and more. Left untreated, many of these conditions can lead to chronic pain and serious complications. Some can even be fatal. If you are involved in an auto accident, it’s always a good idea to get checked out at the scene and again by your primary care provider within a few days. Modern vehicles are much different from classic cars and trucks. In the past, vehicles generally consisted of an exterior shell mounted on a chassis carrying the powertrain (motor and drivetrain). If a collision damaged part of the body, swapping in a new panel or part was easy and inexpensive. By contrast, most new vehicles use unibody construction: The car’s frame and body are manufactured as one piece. Even minor impacts can lead to significant structural damage and be very costly to repair. Most newer cars also contain advanced electrical and computer systems that control nearly every component of the vehicle’s operation. Hybrid and fully electric vehicles contain complex rechargeable battery systems (usually expensive lithium-ion batteries). Repairs can be very costly. Even a minor car accident can lead to your vehicle being declared a total loss, especially if it causes damage to one of these systems. For some luxury vehicles, an accident can significantly diminish the car’s value. Generally, the people injured in an auto accident are entitled to recover compensation (‘damages‘) from a driver or other party who is at fault for the occurrence. Often this is the driver of another car, but it can also be a property owner who allows a dangerous condition, a company that negligently hired a bad driver for its delivery truck, or another responsible third party. A liable party may have to pay “compensatory damages” to put the injured parties in the same position they were before the accident. Compensatory damages usually consist of “special damages” to reimburse the costs of medical expenses, vehicle damage, lost wages, and other financial losses related to the accident. They may also be liable for “general damages,” compensating the accident victim for losses like pain and suffering, emotional distress, and other non-monetary losses. Many people now use their vehicles to make extra money as rideshare drivers (Uber, Lyft, etc.). If you are unable to drive your car for a period of time after an accident (either because of damage to the vehicle or as a result of your injuries), you may be able to recover compensation for this loss of extra income as part of your special damages claim. Sometimes, a car accident that’s not particularly serious can still cause a driver to incur significant expenses. For example, if a store’s delivery van is involved in a small accident and unable to make its scheduled stops, the business may have to make expensive last-minute arrangements. In other cases, a driver may carry something perishable or fragile, and even a small accident could cause costly delays or breakage. Especially in unusual circumstances like these, hiring an experienced auto accident attorney can help you recover the full value of your damages.   The settlement process can seem daunting in the months after a car accident. Find your match with an experienced attorney who can guide you through the process. "
Can You Get Unemployment If You Get Fired?,"If you’re wondering Can you get unemployment if you get fired? you’re not alone. In fact, getting fired can happen to the best of us. Whether you’re entitled to unemployment benefits after being terminated depends in large part on the reason for your firing. We’ll discuss how unemployment benefits work, the difference between being laid off and being fired, and whether you can get benefits if you were fired for performance reasons. Unemployment benefits are a joint state and federal stopgap solution that provides short-term payments to unemployed workers looking for a new job. State law determines whether, how much, and for how long a prior employee can receive benefits by looking at payments and hours worked during a “base period” of employment. The benefits program provides 26 weeks of federal payments, with some states matching, exceeding, or even providing fewer weeks of payments than the federal portion. Unemployment benefits are available to those who are temporarily unemployed, through no fault of their own. Qualification for benefits primarily hinges on why the employee was let go, which begs the question: Can you get unemployment if you get fired? Not typically, but it depends. While the basic structure of unemployment generally stays the same from state to state, each state sets its own eligibility requirements, benefits, and filing procedures. For example, according the the Massachusetts Department of Unemployment Assistance (DUA), you must satisfy the following three eligibility requirements to receive payments: To be eligible for unemployment benefits in the state of your residence, you must: The answer to this question depends on the state in which you live and the specific circumstances of your firing. Generally speaking, if you were fired for poor performance, you may not be eligible for unemployment benefits either entirely or for a short time (disqualification period). What defines “poor performance” varies from state to state. Common performance-based scenarios rendering an individual ineligible for unemployment benefits include: Can you get unemployment if you were fired but have reason to believe it was an unlawful termination? Usually yes, if it was in fact an unlawful firing. But, it may require legal action. It’s important to know that all employees have certain protections under the law. Because employment is typically ‘at will,’ employers can terminate employees at any time for any legally defensible reason. If, however, an employee believes the basis of the termination was discriminatory or retaliatory, they can contest the termination by filing a wrongful termination claim. Finally, employees who are fired may be entitled to severance pay or continuation of their health insurance coverage. Other rights include: Understanding the rights of fired employees can help to ensure that they are treated fairly and receive the compensation to which they are entitled. Generally, employers can contest unemployment claims if they have grounds to believe that the claimant is not eligible for benefits. For example, if an employer believes that an employee was fired for misconduct, they may contest the claim on those grounds. Employers may also contest claims if they believe that the employee quit voluntarily or is still working part-time for the company. However, if you were ‘constructively terminated,’ meaning you were intentionally forced out by the actions or decisions of your employer, they may not be able to contest your claim. Simply put, you’re alleging wrongful termination in such an instance because you were left with no other decision than to quit. The key difference between being laid off vs. fired is ‘fault.’ If you’re fired, you’re found at fault. If you’re laid off, the company is found at fault. Most layoffs occur when companies must cut costs, reduce staffing, or due to other reasons such as mergers and acquisitions. Many factors can impact an unemployment benefits decision. If you’re still wondering, Can you get unemployment if you were fired? speak to an expert today for answers. "
How to Get an Order Of Protection Dismissed,"If you have an order of protection against you, it can be a very daunting experience. You may feel like you are unable to leave your home or see your family. Thankfully, there are ways to get the order of protection dismissed. In this blog post, we will discuss the steps that need to be taken in order to get the order of protection dismissed. Keep reading for more information!   An order of protection is a court order that someone can acquire from a judge, protecting them from someone. In most cases, it would be from an abusive spouse, and anyone who violates it can face severe penalties.  There are three different types of protection orders where people can lawfully get the protection they need.  They are: A temporary protection order is an order that’s legally put forth to a judge to keep an abuser away temporarily until that person can seek to get a permanent protection order. This order would last up to 14 days, and if the petitioner wants to proceed to get a permanent restraining order, they can.  An individual can seek a permanent protection order if they feel like they are still being threatened for their life after having a temporary restraining order in place. The permanent restraining order can last for a long time, and the judge will put different protections to safeguard the individual in danger.  The emergency protection order is where an individual would look for an instant restraining order against an abuser. If the threat persists, that person will go further by getting a temporary or permanent protection order.  Getting an order of protection dismissed is not a long process, but anyone who wants the protection order lifted should prove to the court that they are no longer violating it. In most cases, the court has to remove the lift, or if someone doesn’t extend it, the judge may not renew the order of protection.  Furthermore, if someone would like the order of protection dismissed before the initial time it’s supposed to, that person can file a motion. Filing a motion has to be done with the court, and it has to include the date, reasons for wanting the order of protection dismissed, and each person’s name.  If someone violates an order of protection, it is considered a crime, and anyone who does it shouldn’t, despite emotions being at their peak because of having the restraining order. If the other person violates the protection order, the only thing someone should do is to call the police immediately.  Breaking the law isn’t the right thing to do, and anyone violating the protection order can be slapped with hefty fines or even face some jail time.  A protective order can last up to a couple of years, depending on the order of protection someone has. There are temporary, emergency, and permanent restraining orders, and depending on which state you reside in, each type of order would have different time frames. For example, in California, a temporary protection order would last for 20 to 25 days; in New Jersey, it would typically be for up to 10 days; and in Maryland, it would not be more than seven days. Meanwhile, the emergency and permanent protection orders would also be the same, depending on where you live.  How to File a Harrassment Restraining Order   Anyone facing domestic violence should not take it lightly and immediately call 911 or report it to law officials. Also, no one should feel bad or scared to report such crimes because it can cause hurt to everyone, including children and family members.  There are various resources where someone facing domestic violence can go and find the help they need. Some of these resources are: There are also some numbers persons can call to get help, like the national domestic violence hotline and the national center for victims of crime. The persons in charge of receiving calls at these various institutions are always available to chat 24/7. "
How to Track My Disability Back Pay,"If you have a disability and seek government assistance, it’s crucial to track your Disability Back Pay (DBP). The DBP is the total amount of back pay you’re owed from the Social Security Administration (SSA) when you were unable to work. This article will walk you through how to track your Disability Back Pay (DBP) and what steps to take if there are any problems with your claim.  Social Security disability insurance (SSDI or SSD) is an insurance program that provides financial assistance to individuals unable to work due to an injury or illness before they reach retirement age.  The exact benefits and eligibility requirements vary from state to state, but typically, the insurer will provide a set percentage of the insured’s pre-disability income. In some cases, the insurer may also cover the cost of medical treatment and rehabilitation. Disability insurance can be purchased as an individual policy or as part of a group plan, such as an employer-sponsored insurance plan.  Short-term disability is insurance that provides compensation for missed work due to a covered illness or injury. Usually, the employer pays for the coverage either in full or in part. The specifics of what qualifies as a short-term disability vary by policy, but generally, the illness or injury must prevent the policyholder from performing the essential functions of their job. Some policies also have a waiting period before benefits kick in, and most have a benefit limit of 26 weeks. While short-term disability policies can provide much-needed financial support during tough times, it’s important to understand the limitations of these policies before you purchase one. Otherwise, you might find yourself unexpectedly without coverage when you need it most.  This coverage is similar to workers’ compensation but has different applications. Workers’ compensation provides coverage when the illness or injury occurred at work or due to workplace activities. In contrast, short-term disability provides coverage even when the employee injures themselves outside of the workplace. Generally, you cannot qualify for both workers’ compensation and short-term disability for the same incident at the same time. Long-term disability insurance is a type of insurance policy providing financial assistance to individuals who cannot work for a long period of time. You can qualify for it if you: Some medical conditions that can qualify for long-term disability benefits include:  This list isn’t exhaustive and qualifying conditions vary depending on your insurance policy. You can apply for disability benefits online, or if you don’t have access to the internet, you can apply by calling the Social Security Administration’s toll-free number, 1(800) 772-1213.  You’ll need to provide information about yourself and your family members to apply. This includes information like: For more information, visit the Social Security Administration’s website.   The Social Security Administration (SSA) offers a variety of programs to help those with disabilities, including Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). If you are approved for benefits, you may be entitled to disability back pay, past-due benefits, or the number of benefits you would have received had your application been approved immediately. Back pay can be paid in a lump sum or in installments, and it is important to keep track of your payments so that you can budget accordingly.  Still confused on how back pay works? It’s like this. Pretend your rheumatoid arthritis prevented you from completing your daily tasks at work in January. However, you applied for Social Security Disability Insurance in February, but your claim was denied. Then, you appeal, and an ALJ (administrative law judge) ruled in your favor, determining that your disability did begin in January. However, it’s now December, and you haven’t received a paycheck in nearly a year. So, you’re entitled to back pay. By law, SSDI benefits have a five-month waiting period, so you’re entitled to 10 months of back pay.   You can also receive back pay for delays in applying for Supplemental Security Income (SSI).  There are a few different ways to track your disability back pay. First, you can create a simple spreadsheet with the date of each payment and the amount received. This will help you keep an accurate record of your payments and ensure that you do not miss any payments. You can also set up a bank account specifically for your disability back pay, which will help you keep track of the money you receive. Finally, you can ask the Social Security Administration for a statement of your back pay every six months. This statement will provide detailed information about your pay. SSD benefits can be received back to the year before the application date, which means you can receive a maximum of 12 months of back pay. There is no limit to the amount you can receive.  If you are receiving Social Security Disability Insurance (SSDI) benefits, you may be wondering if you can still work. The good news is that the Social Security Administration (SSA) allows recipients to try working for up to nine months within a five-year period through a Trial Work Period (TWP). During the TWP, you can earn any amount and still receive your full SSDI benefits. This period is designed to give you a chance to see if your health has improved enough that you can return to work regularly. If you go back to work full-time after the TWP, your SSDI benefits will stop. However, you may still be eligible for Medicare coverage for up to 29 months.  After your TWP ends, you’re eligible for a three-year Extended Period of Eligibility (EPE). This allows you to work and receive SSDI benefits for your earnings at or below the Substantial Gainful Activity (SGA) level every month. Also, for the first five years after your benefits end, with Expedited Reinstatement (EXR), if your earned income drops below the SGA level, you can get back on SSDI benefits without having to reapply.    Generally, no, you cannot collect both social security and disability. You may qualify for the Supplemental Security Income (SSI) if you meet the financial criteria.  Through the Social Security Administration website, you can check the status of your application online using your personal my Social Security account, or you can call the SSA directly at 1 (800)772-1213. Unfortunately, there’s no way to get your backpay faster. Under certain circumstances, you can get some of your pay faster by contacting the Social Security Administration (SSA) and asking them to release the funds to you sooner. There is a five-month waiting period after you’re approved for Social Security Disability Insurance (SSDI) benefits. The waiting period begins with the date that your disability began. For example, if you became disabled on June 1, 2018, your waiting period would begin on that date. Your first benefit would be paid for November 2018. If you have a disability that is expected to last at least one year or result in death, you may qualify for SSDI benefits. You can check your social security benefits using your mySocialSecurity account. Once you have an account, you can check your benefits and application status, estimate future benefits, or manage your benefits.  If you have been approved for disability benefits, it is important to track your back pay. This will ensure that you are paid the correct amount of money for when you were out of work. The Social Security Administration has a process in place to help beneficiaries track their back pay. You can also use a third-party service to help you keep track of your payments. By following these steps, you can be sure that you receive all the money that you are owed. "
How to Report a Business,"Are you unhappy with your experience at a business? Whether it’s a small local shop or a large national chain, customer satisfaction is important. The best way to let a business know that they’re not meeting your expectations is to report them. Certain reports can be made anonymously, so you don’t have to worry about repercussions from the business in question. This article will help you understand the process of how to report a business. Reporting a business can be a complicated and stressful process. There are a number of things you should do before you report a business so the process goes as smoothly as possible. First, research the business you want to report. This includes looking up their contact information, visiting their website, and reading any reviews or complaints about them.  You should also gather any evidence you have of their wrongdoing, such as receipts, emails, or pictures. This way, you can back up your claim.  Once you gather the information, you can contact the Better Business Bureau (BBB) or the Federal Trade Commission (FTC) to file a complaint. Include all of the relevant information and evidence in your complaint so that it can be properly investigated. We’ll review this process more in-depth in the next section.  If you aren’t satisfied with the way a business conducted itself, you have the right to complain. The first step to reporting a business is to go directly to the business you’re trying to report. This way, you can try to encourage customer service to rectify the situation. The company may give you a discount or offer you a free service. After speaking with customer service, ask them to transfer you over to a manager. Explain what happened, when it happened, who it happened with, and any additional information that may help them investigate the incident. If the company doesn’t attempt to help you or investigate further, then you can move on to step 2.  Some complaints are best displayed publicly as the company may be quick to save face and offer you a way to resolve the dispute.   Write your complaint to the Better Business Bureau using their online complaint filing system.  Every year, countless businesses are reported to the Better Business Bureau (BBB). The BBB is a nonprofit organization that collects complaints from consumers and helps businesses resolve issues. If you’ve had a negative experience with a business, reporting it to the BBB can help to hold the business accountable and prevent others from having the same experience. Once the report is filed, the BBB will investigate and work with the business to try to resolve the issue. If the problem is severe enough, the Federal Trade Commission (FTC) can investigate the company. The complaints offer the FTC the opportunity to build a case on the company, in the event of wrongdoing. On the FTC’s website, you can file an online complaint in a matter of minutes. If you’re a victim of spam and fraud, email the FTC’s Consumer Fraud Department. Once you file your complaint to various channels, you may be wondering what happens after you report a business.     When you report a business, the first thing that happens is that an investigation is opened in order to determine whether or not there has been any wrongdoing. This usually involves looking at the business’s financial records and speaking to employees and customers. If the investigators find evidence of illegal activity, then the business will be shut down and the owners may be prosecuted. In some cases, businesses may be able to avoid prosecution by agreeing to pay a fine or make changes to their practices. However, if a business is found to have engaged in serious illegal activity, it may be permanently shut down and its owners could face prison time. Unfortunately, the Better Business Bureau (BBB) doesn’t process anonymous complaints so you’ll need to provide your personal contact information as well as evidence pertaining to the incident which will then be shared with the company under investigation.    If you’re ever in the unfortunate position of handling a business you reported, there are some things to keep in mind as you continue to deal with the reported business.  Businesses are legally required to cooperate with investigators, so don’t be afraid speak up. If there’s a specific complaint, let it be known and heard.  In the event you need to file a complaint or take legal action, you’ll need evidence to back up your claim. Keep track of all correspondence or documentation related to the case. Finally, be prepared to be patient; investigations can take weeks or even months to complete. It isn’t a speedy process and for good reason as investigators need time to review your case.  If you follow these tips, you’ll be in good shape to get the resolution you’re looking for.   There are a few things you’ll need to do in order to properly report a business. First, you’ll need to gather all of the necessary documentation. This includes paperwork detailing the nature of the business, as well as any relevant financial records. Once you have all of this documentation, you’ll need to file a report with the appropriate agency like the Better Business Bureau or the Federal Trade Commission. If you’re reporting a business for its bad practices, try to resolve the issue directly with the business. If you are not able to do so, or if you believe the problem is serious, you can file a complaint with the appropriate government agency.  One of the online services the BBB offers is the ability to file a complaint against a business. This can be helpful if you feel like you have been treated unfairly or if you have experienced a problem with a product or service. The BBB will investigate the complaint and try to resolve the issue. If they are unable to do so, they may take legal action against the business. filing a complaint with the BBB can be an effective way to get results. Everyone has had a less than satisfactory experience when dealing with a business. Maybe the product or service you received was not what you expected, or the customer service was less than acceptable. If this has happened to you, don’t sit and complain to your friends – report the business! Reporting a business can help protect other consumers from experiencing the same problems, and it may also help get your money back or improve the service you received. "
What Is Double Parking?,"If you’ve ever been to a city, you know that parking can be a nightmare. You can spend hours driving around in circles looking for a spot, only to find one that’s too small or the wrong way around. And don’t even think about parking on the street! But what are your other options? Many people turn to double parking. While it may seem like a quick and easy fix, double parking can often lead to problems. In this article, we will answer the question, what is double parking? Double parking is when one driver of a vehicle parks directly behind or next to another vehicle that is parallel parked, making it difficult to remove his car from the street. Double parking can also cause more traffic congestion, and drivers are prone to making more accidents. Not only so, but persons are also likely to receive traffic fines.    Double parking isn’t the safest thing to do, and anyone caught doing so can be fined. There is another alternative individuals can do to avoid doing that making it easier for themselves and other drivers.  If you’re driving on a busy street and notice that there are already other vehicles parked where you usually do, then the safest thing you can do is make a couple of rounds about the street. If there is no chance of parking on that street you want, you can park a little further from where you usually do to get to your destination. Besides, nothing beats a little exercise!  Another option could be leaving your car at home and taking the bus or train to get to where you’re going or paying for your parking stall in advance to avoid looking around and having other drivers take your spot.    If you have been in a situation where someone has double-parked you, the safest thing you can do is remain calm, try your best not to get angry, then call the police, and they will take it from there by maybe towing out the vehicle.  If you don’t want to involve law enforcement, the other option would be to wait it out. Maybe be patient until the driver of the vehicle who double-parked you returns to move their car.  How Do I Know If I Have Outstanding Traffic Tickets? Double parking is illegal, and this can lead to traffic violation fines. Each state has different traffic violation fines for doing so, for example: The obstruction of traffic, especially in the busy city, is unbearable and can get drivers very irritated, leading to accidents. Furthermore, the persons who double park would make it very difficult for other drivers to remove their vehicles. "
Siblings’ Rights After Parents’ Death – A Guide to Planning & Decision-Making,"No one ever thinks about outliving their parents, but when it happens, the surviving siblings can be left with a lot of unanswered questions. What are their rights and responsibilities? How do they divide up the estate? Who makes decisions for the family? This post will explore those questions and offer some guidance about siblings’ rights after their parents’ death. After parents’ death, siblings have lots of planning and decisions to make. In addition to grieving, there are many legal matters that have to be settled upon too.   The conflict between siblings usually begins at the death of parents, and sibling would want their rightful share in whatever their parents owned. There comes into play a will or trust. If the parents left a will or a trust, it would be easier for the siblings.  However, there can be situations where the parent never left a will, so siblings will have to decide who gets what, which could be a challenge. One sibling may complain about not having enough money, while the other may want complete control over the business, or the property should be under another’s name. Not having a will or trust could cause a terrible family feud and lead to circumstances they’d regret later. If the parents never left a will, or if there was a will and the siblings want to avoid all this confusion, they would have to take it to court. Throughout this process, the court will decide who legally gets what. By the court, distributing the deceased parents’ assets lawfully to each person is a process called “probate.”    Dividing of wealth amongst siblings after parents’ death can be a disputable matter. Generally, the dead parents’ wealth is supposed to be divided equally among siblings, but sometimes this may not be the case.  In the parents’ will, sometimes if there is a sibling that’s disabled, there would be a more significant amount of wealth left for this sibling because of their disability. In some situations, the oldest amongst the children would seek more, or maybe a sibling with medical issues would want more from the parents’ wealth. Having a will is always the best way to avoid conflict between siblings, but they could always contact a lawyer to sort out issues if there are disagreements.    After their parents’ death, typically, the siblings already living in that house would just remain there if they didn’t want to leave. However, if the deceased parents made a will and didn’t give them ownership of the home, then the person’s name who is on the will to own the house would have to inherit the home.  The sibling who’s supposed to inherit the house can decide who can reside in the home or leave.  Losing your parents is just something no one can get used to because at whatever age you are, the thought of the death of your parents, in reality, can be a hard pill to swallow. If the siblings are adults, then there are greater chances that they can take care of themselves, like buying their food and going through their schooling. However, when it comes to younger children, this can be more challenging because they are under age and can be more vulnerable to: Usually, in younger children, the caregiver would have the responsibility to continue to pay for their school, food, etc. There can also be some strategies that can help children who fall under this category to cope, like being positive and speaking kind words to the children, giving them a listening ear, communicating with them, etc.    After their parents’ death, some siblings may decide upon selling the house. This decision on the sale of the family home may be easy, but sometimes it can also be problematic. Many questions should be asked in this situation, like did the deceased parents leave a will, and is it included in that will who should own the home, or should the house be sold? Another question should be whose name is on the title of the house? And is the house completely paid off, or is there still a mortgage on the home? If the sibling inherited the house from the deceased parents, some steps must be completed before the house’s final sale. Some of these steps include contacting the estate executor, finding a real estate agent with experience in selling homes such as inherited homes, verifying the insurance policy for the inherited house, etc.  If there is more than one sibling, and all children have no known medical issues or disabilities, the most obvious thing is to equally share the deceased parents’ possessions. However, with or without a will, if the sibling wants more than their share, they can get a lawyer and take it to court.    Siblings dealing with the death of their parents’ intestate can come with some issues compared to the siblings whose deceased persons have a will. Having a will makes things a lot easier, however, being intestate (someone who dies without a will) can cause many disputes between family members about who should own the property.  Since the parents never left a will, sometimes siblings may want plenty more than others, leading them to court.   Can I get financial aid when my parents file bankruptcy? As mentioned before, having a will is the best and safest thing. Still, if no will is involved, then the siblings should try their best to communicate properly, make decisions based on each other thoughts and try their best to divide the parents’ possessions in an equal manner. "
Is Pepper Spray Legal in NYC?,"It’s no secret that New York City is a big, bustling city with more than its fair share of crime. So, when faced with the reality of being mugged or worse, many people turn to self-defense mechanisms like pepper spray to protect themselves. But is pepper spray legal in NYC? Let’s take a closer look. Pepper spray consists of an ingredient called oleoresin capsicum, an oil that originates from the plant of the genus Capsicum where we get those spicy chili peppers. A few sprays and someone’s eyes become very teary because it stimulates the tear ducts in no time. Another critical ingredient called capsaicin is found in pepper spray; capsaicin is the chemical that produces the heat in the chili peppers. However, the heat in those peppers can’t be hotter than the pepper spray! This “fiery spray” has far more concentrations of capsaicin than the chili peppers we consume. People would usually purchase this spray to protect themselves against violent attackers, animals like bears, or aggressive dogs. Persons should not use pepper spray in any other way other than through self-defense from an attack or attacker. Furthermore, there should be a clear instruction guideline about its use on the spray bottle when purchased. The use of pepper spray is legal in NYC; it’s legal in all 50 states, but depending on which state someone resides in, there are some guidelines for carrying the bottle. For example, based on some state requirements, individuals under 18 should not own a pepper spray bottle, and also, in some states, convicted felons are not allowed to purchase pepper spray. There could also be circumstances where persons can carry the bottle, but it has to be a particular size and amount where they shouldn’t exceed a specific number of ounces per bottle. Becoming familiar with the use of pepper spray is also very important. Sometimes, using the spray bottle and protecting yourself from attackers could save your life. One major factor we should consider is its use and how to use it correctly. Here are some guidelines on how you should use pepper spray correctly. When holding the pepper spray bottle, you should grip the bottle comfortably and place your thumb on the top of the bottle to spray. By placing your thumb on the top of the bottle, you will have a secure yet confident grip when holding the pepper spray in the palm of your hands. In addition to having the bottle enclosed in the palm of your hand, you would also be in a good position if you may need to punch out the attacker. Another important tip when using pepper spray is always to keep your arms bent when spraying; doing this would prevent an attacker from hitting the bottle out of your hand. Getting to know the amount of pepper spray shots you have in your bottle is vital. As an owner of a pepper spray, getting to know how much you have left in the bottle will keep you aware just in case you may need a new spray. Knowing how far your pepper spray can spray is also significant. Most spray bottles can go as far as 8 to 12 feet or 3 to 4 meters. So get familiar with the distance of your pepper spray bottle. Having your spray at a good reach is vital, just in case you may need to grab it. Keep it at arm’s reach. Also, be aware that you should always aim the pepper spray at their eyes if you have to put down an attacker effectively. You should be familiar with arming and disarming your pepper spray bottle and always try your best to keep the spray bottle in safety mode when not in use. Pepper spray is a great way to defend yourself when in danger. It must be used correctly and disarmed when you have no intention to use it. When using the spray, be aware of how you hold it because you can spray yourself accidentally. Pepper spray should not be kept near children or pets when not in use. Though pepper spray can be used as self-defense, it is dangerous if it’s not disarmed and kept away from children or pets. If sprayed on the face, someone will have a scalding sensation in the eyes, nose, mouth, and throat. One to a few doses of pepper spray could also prevent someone from breathing and even cause temporary blindness. If you’re looking for pepper spray, they are easily available all over NYC. They can be purchased at hardware stores, sporting goods stores, and select pharmacies. Some of these places are: Pepper spray laws vary from state to state – do your research before purchasing! "
Where Can I Get a Photo ID Besides the DMV?,"If you need a photo ID and don’t have time to go to the DMV, there are other places you can go. You may be able to get a photo ID from your employer, school, or bank. Some states also offer free IDs for people who don’t have any other form of identification. Whichever route you choose, make sure that you have all the necessary documents with you. In this article we will dig deeper and answer the question, where can I get a photo ID besides the DMV?    A State ID is a government-issued form of identification that proves the holder’s citizenship and identity. It’s similar to driver’s licenses, but you do not need to take any tests for it! Much like a standard-issue driver’s license, the State ID number is found at the top of the card.  Some states, like New York, offer Non-Driver ID Cards as a driver’s license alternative.  A School ID is a school-issued form of identification for primary and secondary schools in the United States. With a school ID, students can safely enter the school building and access specific rooms. Military IDs are government-issued identification cards to identify members of the Armed Forces or a member’s dependent (for example, a child or spouse).  With military IDs, members can access military bases, Base exchange (such as AAFES, Navy Exchange, Marine Corps Exchange, and the Coast Guard Exchange, commissaries, and Morale Welfare and Recreation (MWR) facilities. These cards also prove eligibility for medical care delivered through either the military health system or through TRICARE. Passports are government-issued travel identification documents containing an individual’s identity information. It allows the passport holder to enter and exit foreign countries with ease and to also access consular assistance while overseas (such as during emergencies).  The passport certifies two things: the individual’s identity and nationality. Standard-issue passports contain: Work IDs are similar to school IDs in that they help individuals enter a workplace and access certain rooms in the office building. Work IDs are workplace-issued forms of identification to identify individuals working for an organization. Typically, a work ID includes an employee’s name, role within the organization, their photo, the company’s branding, a barcode, and an employee ID number. A credit card is a payment card issued by a financial institution (usually a bank) enabling an individual to pay a merchant for goods and services based on a cardholder’s accrued debt. Credit cards grant cardholders access to a line of credit (much like a loan). The cardholder is responsible for paying back the debt accrued on the credit card.  Are you in need of a photo ID but dread the thought of going to the DMV? Have no fear! There are actually several places where you can get a photo ID without having to endure the typical long lines and bureaucratic runaround. Here are just a few options for getting your hands on a valid photo ID. You can skip the lines at the DMV and go directly to your local United States Postal Service. The ID you receive at your post office is a passport card. It’s not only just an ID, but also has the following benefits: To receive a passport card, you’ll need: State departments will give your certified copies of your documents back to you but will keep photocopies. If you attend a college or university then you’ll be eligible to receive a student ID. Many colleges and universities require student identification cards in order to enter certain buildings, purchase books from the university bookstore, or for test-taking purposes.  A student ID grants a whole host of benefits including: With a student ID, you not only receive discounts but can save hundreds of dollars a year on products and services. Some businesses offer credit or debit cards with a photo ID on the card. Identity photo cards reduce the risk of fraud. These services don’t come free though as many businesses and banks charge a fee. To obtain a military ID, individuals must be registered in the Defense Enrollment Eligibility Reporting System (DEERS). Typically, the initial entry into DEERS occurs at Basic Training or after the first assignment. An eligible individual must fill out an official form and provide personal information to receive the first ID card. Now that you know how to obtain ID cards, let’s review why it’s important to have one in the first place.   Nowadays, identification cards are ubiquitous and without them, no one will know who you are. Photo identification cards don’t only show your name or picture–they are a gateway to freedom, allowing you to secure loans, purchase alcohol, travel to another country, and more. The most common types of photo IDs are driver’s licenses, national identity cards, and a workplace ID. These cards ensure security and confirm an individual’s identity.  Photo identification helps you:   Real ID is an Act of Congress that sets requirements for state drivers’ licenses and ID cards. The Real ID enacted the following: The Real ID Act isn’t an actual ID but a set of standards for federal and state identification. Starting on May 3, 2023, every air traveler must have a Real ID-compliant license or accepted form of identification (like a passport or military card), or a DHS trusted traveler card for domestic air travel.     You can obtain a photo ID from the bank, the post office, college or university, or in the military. Different entities have different rules on how to apply and what you need to apply.  There are passports, passport cards, driver’s licenses, school and college IDs, military ids, department store ids, and more.  You cannot get your first photo ID card online as you need to prove your identity in person. But, if you need to replace a lost, damaged, or stolen state ID card, you can apply for a replacement through your state’s Secretary of State (SOS) online.  For address changes, you can submit your request online, but for name changes, you need to go into a Secretary of State branch and present your proof of your name change.  There is no required age to obtain a license, but the recommended age is 18. If you want to travel anywhere in the United States, you will need a REAL ID-compliant document to travel domestically.  A state ID is a government-issued form of identification containing your personal information and it proves the holder’s identity and citizenship status. State ID cards provide an easy means of identification. They are easier to obtain than a driver’s license (no driving required!) and a lot less expensive than a passport.    "
What Does a Flashing Red Light Mean,"Have you ever seen a flashing red light and wondered what it meant? Turns out, it has a specific meaning, depending on the context. Keep reading to learn more about what flashing red lights mean and when you might see them. You may have seen a red light on your car and wondered what could this mean? These lights can be seen on many automakers such as Audi, Toyota, Nissan, etc. You may also see a signal on your dashboard which looks like a car with a lock to the front; this light can be blinking also.  This blinking red light in the car is more of a built-in alarm system for your vehicle where it could prevent someone from burglarizing your vehicle. This blinking red light can be referred to as the anti-theft or immobilization light.  The anti-theft light indicates that you need your key to start the vehicle, and it also alerts any car thief that this vehicle has an anti-theft system. This built-in light can be seen on the following parts of the car, either the: Some people may not notice the blinking red light during the day, but it can be very noticeable at night.  While driving, most people may notice the traffic signal blinking red, some may ignore it entirely, or others may wonder what this even means? This red light on the traffic signal does have a meaning, and it’s also important to be aware whenever you see it.  When you see a flashing red light, you stop your vehicle completely, observe the traffic around, and proceed with caution once you are clear. When driving and you notice this signal, you should take the best precaution; as a matter of fact, persons should treat the flashing red light as a stop sign.  Not stop entirely and wait for a green flashing light but should come to a complete stop and allow oncoming traffic to proceed and then go cautiously once cleared.  Airplanes have various lights, but we will identify the flashing red light on the aircraft right now. The red light on the plane is called the beacon light.  This red light will be turned on before the airplane engine is started or is about to start. The ground personnel should know that the plane’s engines have started and the nearby area is unsafe with this light turned on. If you’re walking or cycling and you get to a point where you see a flashing red light or a flashing red man, you should stop. This means that you should not cross the road; stop immediately. However, if you’re crossing the street while it is green and while walking or cycling, it switched to red, you should continue cautiously crossing the street, observing your surroundings. "
How to Check If a License Is Suspended Online,"Driving with a suspended license in the United States is a serious crime and can lead to strict penalties. Many drivers can fall into this category where they are driving around without even knowing their license is suspended, and as we said, it is dangerous, and it’s a crime to do so. The good news is that there are ways someone can check if their license is suspended by doing a driver’s license check. Therefore, this article will discuss how to check if your license is suspended online, how to reinstate that suspended license, etc.    Someone driving with a suspended license can face some time in prison and can also be fined, but you can avoid all of this by just doing a driver’s license check. There are various ways you can check to see if your license is suspended, but we will delve into how to do so online.  It all boils down to which state you reside in; each state is different regarding the penalties of a suspended license.  To check if your license is suspended online, you need to visit the DMV (department of motor vehicles) website and select the state in which you have that license issued. By getting this done, you first need to verify your identity, and after, you should be able to see if your license is suspended or not. If your license is suspended, there should also be a valid reason why it was suspended.  Don’t panic! Having a suspended license is temporary. If your license is suspended, you can have this suspension removed. Please note you should not drive with a suspended license because you can lose all your driving privileges, and above all, it’s illegal.  If your license is suspended, the first thing you may need to do is to create an account online by visiting your state’s DMV website.  After you have created the account, you may need to provide some personal information, like your: Don’t overthink it too much because your information will be secure, and this is a way to maintain that your driver’s record is private. Once you have created your account, you pay a fee to see the status of your driver’s record, and you can also print a copy. Also, note that each state is different regarding the amount you have to pay to see your driver’s record online.  Before the motor vehicle department gives you your driver’s license, you must get some things done before you’re on your way to getting the license back. Now, each state has different laws regarding the reinstatement of the license, and it also depends on the type of infraction you’ve had.  Some states require you to pay specific fees before getting your license reinstated. There are various payment rates in different states, and the cost is calculated based on the type of infraction. Some states charge you more money to get your license reinstated based on whether it’s your first time having your license suspended or on numerous occasions. Here is a list of some states and the price range of their license reinstatement fees:  You must also get insurance in some states before having your license reinstated. The SR-22 form or the FR-44 insurance forms are a requirement, and these are documents of financial responsibility that you need to get before having your license reinstated. Not all auto insurance providers issue these forms, but persons can easily purchase them from another insurance agent.  Some persons may have had a suspended license for a DUI or by maybe just terrible driving. In some states, it’s required that you go to a DUI program where you will be educated on the dangers of using alcohol and drugs while driving. The course would usually last for several hours, and you have to pay before taking this course.  Furthermore, depending on which state you reside in, you may also have to attend a defensive driving course program, and you will again learn about proper driving skills, the safety measures while driving, etc.    Driving with a suspended license is dangerous, and it’s also a criminal offense. Doing so can lead you some jail time and fines up to $2,500 or more. For those who got charged multiple times with suspended licenses, their penalties would be harsher than first-time offenders. "
The Lowdown: Can You Get Unemployment If You Quit?,"Unemployment benefits are meant to cover you financially in between jobs or for a set period of time as defined by your state. They’re typically issued for people who have been laid off from work, but you might be asking can you get unemployment if you quit? The answer is maybe. If you’re thinking of quitting your job and would like to know more, take a look below, where we’ll go over: So you’re making the leap and quitting your job. Aside from the fact that you’re definitely not alone — a record number of Americans have quit their jobs since November — it was probably a tough journey to get to this decision today. Good for you. By now you might be wondering whether you’ll qualify for unemployment benefits since you decided to leave. The answer isn’t so cut and dry, and the reason you quit will most likely determine your eligibility. Traditionally, unemployment benefits were designed for employees who experience an unexpected income loss from being laid off (or sometimes fired, depending on the circumstance). So, most often, you won’t get unemployment if you voluntarily leave your job. But, good news, there are exceptions if you leave for what’s known as “good cause”. While this concept varies in how each state defines it, we’ve outlined some of the more common good causes below. You’ll need to contact your state’s unemployment insurance office to figure out whether you’re eligible for unemployment benefits — and it’s wise to do this before announcing your resignation! The office can assess your specific case and state why you can claim good cause if your employer contests the benefits. And, if your claim is denied, you should get a hearing to plead your case. If the hearing doesn’t go well, your last option is to appeal the denial (more on this, below). When you quit for good cause, it usually means that most reasonable people would not have stayed in the job because the conditions or environment were that bad. Reasons can be anything such as: It really comes down to a case-by-case basis at the discretion of your state. No matter the situation though, you need to prove you did all you reasonably could to better your circumstances and that quitting was the final option. In other cases and in some states, good cause can include personal reasons, like: If these types of situations apply to you and are considered good cause where you live, you won’t need to demonstrate that you tried to keep your job. Keep in mind that if you decide to leave your job without a compelling, urgent reason, you can’t get unemployment — this applies across the board, in all states. Perhaps you simply feel dissatisfied or unchallenged and there are no viable advancement opportunities, so you choose a totally new career path. This could be a wonderfully necessary life choice that will improve your overall well-being, which is absolutely worthwhile. Just know that you won’t be eligible for unemployment benefits. Good cause is the most common type of situation for which you’ll get unemployment, but you could also be eligible if each of the following applies to you. Of course, a big question about unemployment is exactly the type and amount of benefits you’re eligible for. You’re probably wondering if it’s enough to live off of and how long you’ll be compensated for. While your benefits are based on some percentage of your last salary, unfortunately, the answer is not so clear cut since it all comes down to where you live and the decisions of your state. Most jurisdictions offer unemployment for at least 26 weeks and there is usually a cap on the amount you’ll receive. Again, as with everything else benefits-related, check with your particular state’s unemployment department. Besides quitting without good cause, you might not be qualified to receive unemployment if: So, you’ve made it this far and are confident you’re entitled to unemployment if you quit. To file for benefits, your next step is to visit your state’s unemployment benefits website to find and complete the application. You’ll need to provide standard personal information, like your full name and address, Social Security or work visa number, and information about your most recent job. You can also go through the process in person at your local unemployment office, if you prefer. Keep in mind that the whole process often takes a few weeks, so be sure to get started with your claim as soon as you can. This includes submitting any supporting documentation for your case. In most cases, you’ll get a verdict after about 3-4 weeks. Once you’re approved, you can breathe a little easier as you’ll be supported financially during your job search. If you’ve filed for unemployment but your claim was rejected, or your employer contested it, there’s still some hope as you can explore the option of appealing the decision. The process for this varies from state to state, so be sure to consult with your unemployment office on the appeal guidelines, requirements and process. As well, keep in mind that you might not have much time — some states give only 10 days from the denial date to appeal. In most cases, you’ll need witnesses, supporting documents, and continuous filing for benefits during the appeal time frame. The department’s website will be helpful as a start, but you’ll quite likely have specific questions around your particular claim, so phoning or visiting to speak with someone is often your best option. Hopefully, this article has shed some light on if and how you can get unemployment if you quit your job. There are countless reasons to leave a bad work situation and it would be great if your personal circumstance qualifies you for benefits. But if not, think long and hard about staying in your job despite this. If your reasons are compelling and important enough, leaving could be worthwhile and, with some discipline and perseverance, it’s possible your financial situation can withstand that gap between jobs. Good luck! Unemployment benefits are usually for employees who unexpectedly lose their income due to a layoff. Exceptions are if you quit with “good cause”, defined differently by each state. Good cause simply means a negative situation in which a reasonable person would quit their job, often when the work environment or conditions are so unfavorable. Examples of good cause situations at work include: Good cause can also include personal circumstances, like: You might be eligible for unemployment if you: Nationwide, you need an urgent and compelling reason to quit in order to qualify for unemployment. While this doesn’t include job dissatisfaction, it’s still an important reason to consider new career opportunities. Benefits are based on a certain percentage of your previous salary, but the amount you get is decided by and varies by state. Most offer unemployment for 26 weeks minimum, with a cap on how much you can receive. Head to your state’s unemployment benefits website (or office) for the application. Be ready with information like your name, address, Social Security or work visa number, most recent job details and supporting documents. The whole process can take a few weeks, and you’ll usually hear back after 3-4 weeks or so. "
Who Can Override a Power of Attorney?,"If you have a power of attorney (POA), it’s essential to know who can override it. In this post, we’ll look at the people or entities who can step in and make decisions for someone if they’re unable to do so themselves. We’ll also discuss what happens if there’s a dispute over who should be making decisions for the person with the POA. Read on to learn more! When planning for your future, it’s important to nominate a power of attorney. A power of attorney is a legal document that allows someone to act on your behalf. This person (or persons) is known as your agent or representative. You, or the person initiating a power of attorney, are also known as the Principal. You can give your agent the authority to decide for you on a wide range of matters, including financial, medical, and legal issues. Power of Attorney (POA) takes effect whenever you, the Principal, specify–you can choose to instate it immediately or only upon the occurrence of a certain event like a mental or physical disability rendering you unable to take care of yourself. In addition, you can revoke a power of attorney at any time, although most states require a written notice of revocation for the person you named as your agent. When you nominate a Power of Attorney, you grant that individual the right to make important life decisions on your behalf. On the Principal’s behalf, a power of attorney has the right to: There are different powers of attorney, each granting different rights to the appointed agent. Generally, there are four types of power of attorney, General, Durable, Special (or Limited), and Springing Durable. A general power of attorney is a legal document that allows the agent to act on behalf of their principal in any matters as allowed by state laws. The person appointed with this agreement may be authorized to They’ll also manage assets and file taxes if necessary. When you’re not able to manage your affairs, a general power of attorney can be useful. However, since the agent has immense control over your assets, you may want to limit this type of power of attorney for a short period of time. A general power of attorney ceases to remain in place when the principal becomes incapacitated, revokes a power of attorney, or passes away. A durable power of attorney (DPOA) means that your agent’s authority to act on behalf continues if you become incapacitated (for example, falling into a coma, severe mental health impairment). It is effective immediately after signing unless otherwise stated. Typically, when estate planning, it is assumed that the listed power of attorney is durable since you are planning for a time when you can’t make a decision alone and need help from others. To avoid confusion, it’s recommended that the principal explicitly state whether the POA is durable or not. As long as you’re capable, you can revoke the power of attorney form. A non-durable power of attorney lapses as soon as you, the principal, become incapacitated or die. After one of these events occurs, only court-appointed guardians or conservators can make decisions on your behalf. Another type of power of attorney is called a special power of attorney. This POA grants agents the power to act on your behalf, but only for specific purposes. For example, if you grant the agent authority to sell a property on your behalf. However, the agent wouldn’t be allowed to access your bank account or manage finances. A special power of attorney expires once the particular task is completed or at a specified time noted on the form. A person can create several finite POAs for different agents, giving each agent different powers. A springing power of attorney only occurs when triggered by a specific event or medical condition (like incapacitation). Once the condition occurs, the agent’s power literally “springs” into effect. Until then, the agent does not have legal authority over your affairs. Although springing POAs ensure agents can’t exert their power unless you’re incapacitated, it is not recommended to use springing POAs for estate planning since the process to determine if an individual is incapacitated isn’t always simple and may take time. For example, if you develop early-onset Alzheimer’s, it may be challenging to determine whether or not you can manage your affairs. This can delay critical decisions about your medical care and lead to unpaid bills, leaving you in financial distress. A medical power of attorney is a legal document allowing you to name a healthcare agent. It’s also called an advance directive because it helps guide your agent to the best treatment option when dealing with healthcare matters on your behalf. Healthcare agents make medical decisions for you if and when you cannot do so yourself. Your agent can make decisions regarding: Your healthcare agent also ensures medical providers follow your wishes as outlined in your Do Not Resuscitate (DNR Form) or Living Will. A medical power of attorney becomes effective immediately after signing but can only take effect once a physician deems you mentally incompetent. Once you select an agent (or agents) for your power of attorney, ensure they know the POA signing rules. When it comes to a power of attorney, you, the principal, can revoke the agent’s power at any time, provided that you have the mental capacity to do so. Even with a power of attorney in place – if something changes and you no longer feel comfortable giving out certain rights or assets for whatever reason-you can revoke the agent’s authority at any time. It’s recommended that you revoke a POA in writing. However, most states allow you to cancel it through an action expressing your desire to terminate the POA (for example, deliberately destroying the document). Some states offer statutory forms, or fill-in-the-blank forms, for this purpose. When you revoke a power of attorney, it’s also recommended that you send a written revocation notice by certified mail to the previously authorized agent. This way your agent knows that you terminated their power. Also, consider sending copies of your revocation to any third parties involved in your POA. An agent with power of attorney is required by law to act in the Principal’s best interest. If the Principal believes the agent is acting in their own best interest, they can override a POA, if they are of sound mind. However, if the Principal is not of sound mind, other relatives may express concern that the agent is abusing their rights and responsibilities by neglecting or exploiting their loved one. In this case, legal action can be taken by concerned parties other than the Principal. Evidence must be provided to show the agent is taking advantage of the Principal. The process varies by state, but if there is a dispute over the validity of a power of attorney, it is best to hire an attorney with experience in either elder and/or disability law. If you believe the agent is not acting in the best interest of the Principal, follow these steps with your appointed attorney to revoke power of attorney: You should consult an attorney if both the Principal and Agent refuse to stand down. Having a power of attorney means you give someone else the ability to make decisions for your best interest if you cannot make them yourself. No, it isn’t legally required to have your power of attorney (POA) written or reviewed by a lawyer. However, it’s always good to get advice from wise counsel before signing away your power of attorney. Yes, there are limitations that help keep the agent in check. The POA can’t transfer responsibility to another agent, cannot use the Principal’s assets for the agent’s personal interests, cannot make any legal or financial decisions after the Principal’s death, cannot distribute inheritances or transfer wealth after the Principal’s death, cannot accept compensation beyond the outlined terms in the POA agreement, cannot change or invalidate a Will or any other estate planning document, cannot change the terms of the nominating document, cannot act outside the Principal’s best interest, and cannot make any decisions before a POA is instated. Everyone should have a power of attorney. If you aren’t able to provide for yourself, whether you’re mentally or physically incapacitated, you’ll want someone to carry out your wishes on your behalf. You can find a power of attorney form on state government websites. Hospitals and physician offices also offer forms for medical power of attorney. Additionally, banks and financial institutions have preferred forms. A court chooses who acts as a guardian on your behalf in a guardianship. Then, you decide who you want to act on your behalf with a power of attorney. A power of attorney is a valuable legal document that can give peace of mind in knowing your wishes will be carried out if you cannot act on your own behalf. It is vital to choose the right person to be your agent and discuss your wishes with them, so there is no confusion about what you want to do. If you have a power of attorney in place, it is essential to keep your contact information updated with the person who holds the document. Then, should something happen, and you become unable to make decisions for yourself, your loved ones will know where to find the paperwork and how to proceed. Have you created a power of attorney for yourself? "
Treason vs. Sedition: What Are the Differences?,"The terms “treason” and “sedition” are often used interchangeably, but they actually have different meanings. Treason is a federal crime that consists of acts against the United States government, while sedition is a state crime that consists of inciting rebellion or violence against the government. Although both crimes can be punishable by imprisonment, treason is generally considered to be more serious. In this article, we will uncover the details about treason vs sedition. Treason is the willful act by citizens of a country levying war against any government or providing aid and comfort to their enemies. This crime is extreme in the United States, and the law will deal with anyone convicted of such. Treason is also one of the only crimes written in the constitution. In times past, some persons have been charged with treason, but these cases are uncommon. The penalties for treasonous acts could be death or spending time behind bars for not less than five years and would be considered an enemy to the country. Any person convicted of treason can also be fined no less than $10,000 and cannot have any office under the United States government. Sedition is the act of a person forcefully trying to overthrow, take down, hinder, or delay the government or its laws by doing so through words or speech. Like treason, someone found guilty of this crime would face terrible judgments. The person or persons convicted of sedition can face up to 20 years behind bars or can be fined the amount of $10,000. Treason and sedition. These two terms are not the same, and their meanings are different. They appear in the United States code, and as mentioned, a crime of such sort is serious. Here are a few comparisons between treason and sedition. These terms have been around from times past, and today they seem very unpopular. Over time, the sedition act, which was passed in 1798, states that anyone who may try to overthrow, destroy by force, etc., the United States government expired in March 1801. This act no longer plays a role today because the United States was going through the first world war, and this law became the law of the time. Furthermore, in the United States, not many persons have been charged with treason, and there are laws both federal and state that make it illegal to commit such act. Here is a list of some states that outline the harsh penalty if you execute this crime. The acts of committing treason or sedition today are uncommon, and not many people have been charged for it. With the recent news headline that showed a gang of rioters who entered Capitol Hill, some persons claimed these were acts of treason or sedition and other events, but there was no valid proof this was the case. "
The Best Ways to Find a Property Owner by Their Address,"If you’re looking for someone who owns a property by their address, there are a few different ways you can go about it. You could look up the information yourself online, or you could hire a private investigator to do the work for you. There are also some public records that might have the owner’s information listed. Keep reading to learn more about how to find a property owner by their address.   A property owner search can best be described as ways someone can find a property owner if they come across a property they love or want to purchase.  It’s always wise to do a property owner search because you wouldn’t want to go through being interested in a property and later find out the owner isn’t selling. So having a property owner search would help you get to the owner and make the best deal possible for their property.   There are many beautiful properties out there that may seem to have caught your eye, but the question lies, how can I find this property owner? Well, here are some ways you can find the owner of a property by their address.       Before someone searches for a property, someone should have the name of the street on which the property or house is located. Once that information is at hand, going through the various methods to track down, the owner may take some time, or it may not. However, if you found the owner and that person rejected selling the property to you after the search, that may seem hurtful, but it’s okay.  The most important thing is that you tried your best, and there are also plenty of other properties out there that may also catch your attention, and maybe these owners may just want to sell.  The use of the internet these days is magnificent, and it has made things a lot easier for everyone. There are tons of online resources that persons can use to find a property owner. Here we will look at some of these websites, and hopefully, this should help you.      Four Things to Understand About Community Property In searching for a property owner, someone can sometimes go through many options, but some tips would help make the search successful. A few tips that would help could be: "
How to Find Old Homicide Cases,"Do you have an interest in learning more about homicide cases from the past? If so, you’ll want to check out this guide on how to find old homicide cases. We’ll provide tips on where to look for information and how to access it. So whether you’re a researcher or just curious, keep reading.   A homicide case involves the act of a person killing someone else. When someone speaks of homicide, some persons may think it’s illegal, but some homicides are legal. Some examples of legal crimes can be cases where someone is defending themself from being raped and killed the attacker, a store owner trying to protect himself from armed robbery, vehicular accident, where someone in the accident passes away, etc. Meanwhile, a couple of criminal homicide cases would include murder, some acts of manslaughter, etc.  The different types of homicide cases would fall under murder and manslaughter. With murder, there is first-degree murder, second-degree murder, and third-degree murder. At the same time, manslaughter cases would fall under voluntary manslaughter and involuntary manslaughter.  There are some ways you can find old homicide cases online that would somehow assist you in finding your loved ones or friends. Persons can simply: The basics are always the best place to start a search. The individual’s name, the year they were murdered, and the location is also key to finding out information. There is a free website that persons can visit to gain access to data from homicide cases from as far back. This website is called Murder Accountability Project.  The great thing is that once there has been a homicide case in each state, it would have indeed made the news. Therefore, checking old newspaper articles will help once you have the basics like the individual’s name, the year they were murdered, and location. Again, thanks to the internet, you can gain access to lots of old newspaper articles just by searching. You should come across websites that offer online newspapers like Chronicling America: Historic Newspapers, Google Newspaper Archive, and more. Chronicling America: Historic Newspapers and Google Newspaper Archive provide information as far back in history and are free to use. Another relevant place someone can also visit to receive tons of information is their local library. Persons can also try doing a youtube search to find some information about the case or even visit the local news outlets online like CNN, NBC News, ABC News, etc.  Contacting your local police department or the district attorney’s office is also the next suitable option. You may also find some helpful information about the homicide case once you provide relevant information.  Another great resource to find any unsolved homicide cases can be by just having a conversation with any friends or family that were close to the individual. By asking these questions, you may gather some information that could be beneficial.  There are different means and methods for persons to obtain information through the FOIA (Freedom of Information Act). This FOIA law was passed in 1967, where persons are supposed to gain access to public records information from government agencies.  Going through public records such as court records, statical data, bankruptcy records, etc., can also be a great way to receive information. Carefully note that once the specific type of data you’re searching for isn’t restricted or exempt, you can get all the necessary information needed. You can read more about the process of the FOIA here.      The process of investigating a homicide case is very challenging. The law officials have the important task of securing the homicide scene and figuring out what went on by examining the case, like checking for fingerprints, getting statements from people, etc. The information provided to law enforcement is also critical, like what went wrong, whether the dead person is still on the ground, if the first responders are around? Etc. That’s also why the investigators’ information is vital because they have to solve how this homicide occurred by searching and safely collecting all necessary evidence.  Many persons will ask why some homicide cases are solved while others are not. In reality, there can be several factors affecting the closure of homicide cases. However, one of those factors why some homicide cases remain unsolved is insufficient evidence. Sometimes, it also depends on the witnesses. Maybe persons who have witnessed the crime never came forward to bring in information that can be vital for detectives.  What Are Felony Charges, Classes, & Penalties The use of forensic science to solve a homicide is important. On a crime scene, the scientist can collect DNA samples. It all depends on the state of the homicide victim. For example, if the body is decomposed, scientists can collect dental evidence from the corpse. Scientists can also collect evidence from the victims’ hair, nails, soil, weapon, glass, etc. The role of forensic evidence in homicide cases is significant in many ways. Proper forensic evidence in a homicide case can indeed prove if someone is guilty of the crime or not. "
What Is Entrapment?,"Entrapment is a terrible issue, and while the police are expected to serve and protect citizens, some claim police officers have entrapped them. Entrapment may sound simple, but it’s not, and there are also many ways an officer can entrap someone. So in this article, we will be discussing what entrapment law is and more.  Entrapment in law is most easily defined as when one or more law enforcement agents like the police entice someone to commit a crime they wouldn’t have done if it wasn’t for the police.   Entrapment can work in various ways, and a few of those can be through persuasion, sex crimes, harassment, etc. For example, if a law official tries to have sex with an individual unwillingly in exchange for drugs, this is considered entrapment. After the entrapped person has proof that a police officer did this through persuasion, the government has to prove that the individual was persuaded to commit this crime. By doing so, they would do a background check on the person’s criminal history, etc. Entrapment laws are significant where even if an individual was caught in this situation, the defendant could still prove that they are innocent and show that they had no intention to commit this crime.  The United States of America, Canada, and Australian entrapment laws vary. As we know, in the USA, entrapment is the police causing someone to commit a crime that they would haven’t have done if it wasn’t for this officer. When it comes to proving that the defendant is truly honest, this is the government’s responsibility; the defendant is not required to prove anything nor admit any evidence. Furthermore, for an entrapment defense to work in the United States, the defendant has to convince the court that they had not inclined to commit such a crime and that the officer’s actions would have provoked anyone to commit this crime.  In Canada, there are two different types of entrapment law, they are:  The opportunity-based entrapment occurs when the law official provides someone with the opportunity to commit the crime without suspecting that this individual has already been involved in such criminal activity.  Inducement-based entrapment occurs when a police officer doesn’t give that individual the opportunity but goes as far as inducing this person to commit the unlawful act.  Once entrapment is proven in Canada, the defendant can have a stay of proceedings which means that the case held against the defendant cannot proceed, and the criminal offense does not appear on their record. In Australia, however, entrapment has the same meaning: an officer has to induce someone to commit a crime they wouldn’t have committed. Compared to the USA and Canada, there is no legal defense of entrapment in Australia.  Various examples of entrapment cases occurred during history, such as Sorrells v. the United States, Sherman v. the United States, the United States v. Russell, etc. We’re going to look at the Sherman v. the United States case.  In 1951 Joseph Sherman and Charles Calcinian met at a doctor’s office where both were being treated for addiction. Charles Calcinian was a government informant receiving leniency for criminal charges in exchange for convincing others to sell them narcotics then reporting it to government agents, and Joseph Sherman had two narcotics convictions. Both men started talking to each other and spoke about their issues with the addiction.  After discussing their addiction struggles, Charles Calcinian kept asking Joseph Sherman for help in buying him drugs, and Sherman kept refusing because he was committed to remaining clean. On numerous occasions, Calcinian still kept asking Sherman to buy him the drugs, then eventually, Sherman gave in and got the drugs for himself and Calcinian.  Later, Calcinian informed government agents, and Sherman was arrested because of observation of him selling narcotics to Calcinian on numerous occasions. Then Sherman when to trial, and there he raised an entrapment defense.  Knowing this law is very important because it would help prevent you from getting caught in a situation where any law official can entrap you and prevent you from being criminally charged or even going to jail. "
What Is the Fourth Amendment?,"In the United States of America, everyone has the right not to have their goods or personal materials searched or seized without probable cause. Did you know that this is a violation of your fourth amendment rights? The fourth amendment is considered very valuable to our liberty, and its primary purpose is to protect people’s rights and privacy. Hence the reason we will answering the question: what is the fourth amendment? The fourth amendment of the United States prohibits the government from engaging in unreasonable searches or seizures of property. The police can’t search your property without reasonable cause; the search or seizure must be valid for it to be constitutional.  For the search or seizure to be reasonable, a warrant or exception has to be applied. In many situations, the government needs a warrant to conduct a seizure or a search. A warrant is a legal document that a judge issues to authorize this power.  This amendment is considered crucial to all Americans’ liberty, and the fourth amendment’s primary purpose is to protect everybody’s rights, freedom, and privacy from unreasonable invasions by the government. However, if you don’t have any illegal stuff at your residence or on your property, the police have no right to search without probable cause or a warrant.  If you think that the fourth amendment does guarantee protection from all searches and seizures, you’re wrong! It doesn’t sometimes. It only protects those done by the government that’s deemed unreasonable under the law. Whether a particular search warrant is considered reasonable in the eyes of the law, that is determined by weighing two vital interests, like the intrusion on the person’s fourth amendment rights and government interests that involve public safety.  Persons can experience four types of searches, they are: Before a police officer searches your vehicle, they would need your consent to do so; however, if there is probable cause, there would be no reason to do so.  The history of the fourth amendment comes a long way. As we mentioned before, this amendment prevents the government from illegally searching or taking someone’s property. For this to be lawfully done, a warrant has to be issued.  James Madison introduced the fourth amendment in congress in 1789; it was passed together with nine other amendments and became known as the bill of rights in 1791. The concern was that the national government would have gained excessive power and oppressed citizens without written rights.  The British authorities would abuse their power and grab hold of colonist goods and property during that period. This is why the fourth amendment was created to prevent a new government from doing the same.  The fourth amendment reads, “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” There are many ways you can protect yourself and your family from government surveillance. Let’s take a look at some ways you can do so:   Wherever we go, privacy protection is very important, and in a digital world, we are very exposed. Here are a few tips for protecting your privacy in our evolving digital world. "
The 14th Amendment Explained,"The 14th amendment is a constitutional amendment that defines citizenship, equal protection and due process for all people in the United States. These rights are given to anyone who lives on American soil, but not necessarily those born on American soil. The 14th amendment was ratified in 1868 as part of the reconstruction era following the civil war. In this article, we will discuss the basics of the 14th Amendment. The 14th amendment to the United States Constitution was approved on July 9, 1868, as one of the reconstruction amendments to address citizenship rights and equal protection under the law for former slaves following the civil war.  There are five sections to the 14th amendment, the first represents who citizens in America are, and it reads, “ All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” The 14th amendment is worded quite similarly to the 5th amendment and offers the same protections. However, the difference is the procedure for due process. Due process in the 14th amendment is a given right to limit the power of the government to interfere with the person’s affairs, such as freedom of speech or the ownership of property unless their actions are illegal.  You can think of the 14th amendment as a shield against state governments and the 5th amendment against the federal government. Before the state government can take away someone’s life, liberty, or property, that state government must also provide due process of law just like the federal government. Because of the 14th amendment’s due process clause, a state government must provide individuals with a fair and just trial in front of a jury before sentencing them to prison.  The 14th amendment was passed following the civil war, while the 13th amendment abolished slavery, and that law was passed when Abraham Lincoln was still alive. Furthermore, when the radical republicans took over the next congress by 1868, the 14th amendment was used for the southern states to enter the union. Therefore the 14th amendment is written in the constitution, and it deals with the issue that the supreme court dredged up under Dred Scott.  In 1857 before the civil war, the supreme court solved slavery by determining that all African Americans or Africans transported to America were not American citizens. Years before that, congress during sectionalism had tried to solve it with popular sovereignty, but since the supreme court had decided that African Americans were not citizens, this issue raised concerns and started the civil war. Then the 14th amendment was designed to correct that supreme court decision.  Around that time, in the aftermath of the American Civil War, other amendments were passed to protect the rights of formerly enslaved African Americans. Some of these amendments were the: Some persons benefited from the 14th amendment like the:       "
Living Will – The Pros & Cons You Need to Know,"Medical situations happen unexpectedly, and unfortunately, many of us could face a medical emergency someday. However, in some medical emergencies, patients cannot declare to their loved ones or doctors what treatments they want or who they would like to speak on their behalf in this situation, etc. In this article, we’re going to discuss what a living will is, the pros and cons, and more.  A living will is a written document or an advanced directive that specifies what type of medical treatment you would want if you cannot communicate. Completing this document is the best way to plan because sudden emergencies may arise anytime for anyone. However, living wills are even more critical for people who have a severe illness. Just saying that you don’t want extraordinary measures taken if you become hurt, disabled or any other injury isn’t all; you have to create a living will. Here are a few guidelines on making your living will, but first, you will need to be 18 years or older, be of sound mind, and have two witnesses and a notary public.  Step 1 – Get to know your state’s requirements because there are no federal laws that govern living wills. Step 2 –  Begin the document by using the phrase “Being of sound legal mind” and “Acting under no coercion.” By using this phrase, you’re attesting to your sanity as of the date that you sign the document.  Step 3 – outline under which circumstances or conditions you want your living will follow, like a terminal illness, brain damage, or paralysis. Step 4 – Instruct as to any or all treatments you wish to refuse. These could be feeding tubes, CPR, a respirator, or dialysis.  Step 5 – State whether you would like maximum pain mediations.  Step 6 – Go to a notary public, you and your two witnesses. They will attest that everything is in order when the document is signed and dated. In some states, your spouses, relatives, doctor, and heirs can’t be witnesses, so verify if they can be before you go.  Step 7 – Hand a copy of your living will to your loved ones so your wishes will be acknowledged if an emergency occurs. You can also give copies to your doctors and store one in a safe place for yourself. Step 8 – You can consider appointing a health care proxy. They’re just basically individuals who have the right to approve your wishes if you can’t. You can get health proxy forms online or at your local hospital.  There can be various advantages and disadvantages to living wills. Let’s take a look at a few of those.  The living will have been around for a long time, and it has its advantages and disadvantages, but what’s important is that the decision is solely on you. For example, suppose you’re suffering from an incurable illness or in a vegetative state, and you would like to have artificial nutrition or hydration. In that case, the decision all leads back to you. Having a living will also makes it easy to have a conversation with the people close to you. For example, if you think you’re not likely to recover in a meaningful way, the living will simply outlines what is to be done or not done on your behalf. However, by not having that conversation, family members would have to glean from past discussions about what you would want or not. For example, she said she didn’t want to live that way, or another time she told me to keep her alive.  As mentioned earlier, completing a living will is what you can call a safe way to plan. Since a living will is a type of advanced directive and emergencies can arise at any point in life for anyone, it is suggested that everyone should complete a living will. Still, they are of greater importance for someone with a severe illness. "
What Does It Mean to Be Acquitted?,"In criminal law, an acquittal means that the accused is free from the charge and it occurs in a criminal case where a defendant is found not guilty by a judge or jury. This doesn’t mean the accused is innocent, it only means the prosecution failed to prove its case beyond a reasonable doubt. That is what it means to be acquitted. A suspect is entitled to due process of the law. Before a jury or judge (if it’s a bench trial) may convict a person of a crime, they must be convinced of guilt beyond a reasonable doubt.  For an acquittal or “not guilty” verdict, a suspect is formally dismissed by due process. The preponderance of evidence and culpability was gathered, the accused was charged and given a formal trial. During trial, the prosecutor brings in witnesses and evidence to prove their case against the defendant to the jury or judge. The defendant may also bring in witnesses and evidence to counter the prosecution although they need not prove their innocence. Both sides are represented by an attorney.  The judge decides what evidence can be shown to the jury during a trial. The job of the judge isn’t to take sides with the prosecution or defense but rather uphold the law.  After hearing opening statements, witness examination, objections, and closing arguments, the jury deliberates (the process of deciding whether the defendant is guilty or not). In federal criminal trials, the jury must reach a decision unanimously in order for a conviction. If the evidence brought in wasn’t sufficient enough to come to a guilty verdict, it results in an acquittal.  An acquittal is a general term for a not guilty verdict, there are differences between the two under criminal law. An acquittal is a finding by a judge or jury that the defendant in question isn’t guilty of the crime. Not guilty means that a defendant isn’t legally answerable for the crime. In other words, all acquittals mean a not guilty verdict, but not all not guilty verdicts are acquittals. Even in jury trials, a judge has the ability to acquit a defendant. The motion for acquittal depends on the claim of insufficient evidence for a conviction at trial. The defense argues that no jury could possibly find guilt beyond a reasonable doubt.  There are full acquittals and partial acquittals. A defendant can ask a judge for either. A full acquittal means that after a jury or bench trial, the jury or judge finds the defendant not guilty on all charges. But, in a partial acquittal, a defendant is found not guilty of one charge, but guilty of another offense.  For example, let’s say a defendant is being charged with drug possession and drug dealing. There isn’t enough evidence to move forward on a conviction on drug dealing, but there is sufficient evidence to prove drug possession, the defendant is partially acquitted.  Judges cannot grant a motion for judgement of acquittal because they feel or think the defendant is guilty. They can only consider the evidence at hand presented in trial. If evidence isn’t presented at trial, it cannot be considered (for example, if prior drug convictions weren’t presented in trial for a drug possession charge).  It is difficult to win a motion for judgement of acquittal. For starters, judges don’t want to interfere with the jury process, so there must be sparse evidence for them to step in. If the motion for judgement of acquittal based on insufficient evidence is granted, the charges are dismissed and the defendant is free to leave. The case cannot be brought again by the prosecution because of double jeopardy, preventing a defendant from being tried twice for the same crime. The only exception is if the judge granted the motion for judgement of acquittal after the jury reached a guilty verdict. In this case, the prosecution can typically appeal.  If the defendant is acquitted or found not guilty, (provided it isn’t a partial acquittal) all charges are dropped and the defendant is free to go (if in prison, they are released).  What this also means is that the Double Jeopardy Clause found within the fifth Amendment of the United States Constitution applies.  After an acquittal, double jeopardy guarantees: The government loses its power to re-prosecute a defendant. The law says the defendant was already in jeopardy once or that “jeopardy attaches.”  Being acquitted doesn’t mean an individual’s record is expunged. In fact, acquitted individuals still have a criminal record. In order to have the record wiped clean, an acquitted individual must petition a court to have their record cleared. This process involves exorbitant court fees and can take months to years depending on the state.  For the convicted, there are direct consequences including potential jail or prison sentences, fines, court fees, and other criminal punishments a trial judge may impose.  Everything else is “collateral.” The “collateral-consequences rule” means that a defendant has no constitutional right to be made aware of collateral consequences of pleading guilty. Some of these collateral consequences include,  If a defendant was unaware of the collateral consequences of a guilty plea, they have no right to withdraw this plea. The Founding Fathers of the United States designed the right to a jury trial using the Seventh Amendment of the Bill of Rights to protect our constitutional right to a fair trial.  There are a few elements to any fair trial including, A jury trial ensures checks and balances. “Checks and balances” means that all branches of government have equal power and the courts can overturn laws of acts of government that violate the constitution. Therefore, a strong judicial branch is of utmost importance. Vital to a strong judicial branch is a jury trial option. The founding fathers included a jury trial in the constitution because they prevent ultimate tyranny or oppressive power exerted by the government. Jury trials allow citizens on the jury the absolute power to make the final decision and not an oppressive, tyrannical power.  Trials are a lengthy process, because they guarantee due process. There are 8 stages to a criminal trial and are as follows, Voir Dire is French for “to see, to say.” In this phase of the process, when a defendant is entitled to a jury trial (all felonies and some misdemeanor crimes), a jury needs to be selected. The number of jurors depends on the seriousness of the crime. During this process, any juror with a legitimate bias about a case or inability to follow the law as given by the court is excused for due cause. Each juror also has a limited number of “peremptory strikes” which are reasons to remove a juror.  This being said, the defendant can waive their right to a jury trial and elect to be tried by a bench trial with a judge.  After a jury is selected, the trial begins with opening statements summarizing what each side believes the evidence does or does not prove and apprise the jury on what a fair verdict should be at the conclusion of the trial.  The state is now required to present its case. The state calls witnesses and introduces documents establishing the facts necessary to prove elements of the crime. The defense attorney has the opportunity to challenge each witness.  The defendant isn’t required to present a case but can if it’s required to either prove innocence or prove lack of sufficient evidence. If the defense presents, the states can now cross examine any witness to challenge veracity of statements and expose biases. If the defendant presents a case, the state has the opportunity to rebut. A rebuttal case consists of presenting evidence and witnesses contradicting what the defense presents in its case. It can’t be a recap of what was argued and it can’t expand evidence outside of the scope of what the defense admitted into evidence during their case. Each side is given an opportunity to discuss the evidence presented to the jury and ask them to make a decision favorable to their case. The state has the burden of proof and makes the first presentation. Then, the defendant makes their arguments. After this, the state also has the opportunity to rebut the defendant’s arguments. All parties must confine arguments to facts only presented at the trial.  After the closing arguments, the judge “charges the jury” or informs them of the law and of what they must do to reach a verdict. After the closing arguments, the judge instructs the jurors to deliberate. Deliberations are done in private. Once a verdict is agreed upon, the jury advises the court. Each case has 4 possible verdicts: "
Double Jeopardy Law,"You may have heard about the double jeopardy law by watching crime and justice shows like Law & Order, but perhaps you may not know how it works in the real world. So, in this article, we’re going to discuss the double jeopardy law and common misconceptions about it. Double jeopardy is a legal right defined in the fifth amendment of the United States Constitution that prohibits trying a defendant twice for the same offense. Let’s take a look at this scenario. Suppose person A is accused of murdering his neighbor, the prosecutor takes person A to trial, and during this trial, the jury returns a verdict of not guilty. The prosecutor now becomes very angry and says this was a lousy verdict, and the jury got it all wrong, then the prosecutor decides to arrest person A again and bring him to trial. There holds the power of the double jeopardy law! Person A can never be prosecuted by the state again for that charge.  The double jeopardy law in the United States is one of the oldest legal concepts that has been adopted into our modern-day legal system. The law states “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.” However, as with many other laws, some exceptions apply to double jeopardy, and certain legal situations may allow for a trial of a previously tried crime without violating double jeopardy.  Let’s just say, for example, while the law prevents a defendant from being tried twice for the same crime. Still, it allows some criminal offenses to be prosecuted separately by federal and state sovereignties, mainly because federal and state judiciaries are considered separate entities. As a result, federal and state officials cannot work together on each other’s cases. Furthermore, in a situation where a mistrial is declared, the double jeopardy clause will not protect a defendant from prosecution or a new trial.  There are various examples in history where the double jeopardy law came into effect. Let’s take a look at some of these cases.  Six men, including Donald Knight and Ray Roberts, played poker when mask robbers took their money and other personal properties. As a result, the police arrested four men for this crime, including Bob Ashe, and each man was charged in state court with six counts of robbery, one count per poker player. Bob Ashe’s first trial was limited to the charge that he robbed Donald Knight, and the jury acquitted Ashe on the basis that the prosecution had offered insufficient evidence that Bob Ashe had committed the crime. However, the state also prosecuted Bob Ashe for robbing Ray Roberts, and Bob Ashe objected that his second trial was sealed by the fifth amendment’s double jeopardy clause.  Harry Blockburger sold considerable quantities of morphine hydrochloride on several occasions to Ella Rush. Based on these sales of morphine Harry Blockburger was charged with five counts of violating the Harrison Narcotics Act. The jury then ruled against Harry Blockburger on the second, third and fifth counts. The jury court imposed a fine on each count and sentenced Harry Blockburger to five years imprisonment with the terms to run consecutively. The seventh circuit declared Harry Blockburger appealed to the United States supreme court and arguing that the imposition of separate punishments for the third and fifth counts violated the double jeopardy clause.  In this case, Green was put on trial, and the jury was told that they could convict him of either 1st or 2nd-degree murder. They then found him guilty of 2nd-degree murder, and later, he appealed the case and won. He later went back to trial and was again tried for 1st and 2nd-degree murder, and this time he was found guilty of 1st-degree murder. So the court ruled that this violated his double jeopardy because he had appealed the 2nd-degree murder charge, not the first. This case occurred when a district judge told the jury to give the defendant an acquittal. After all, the prosecution had lousy evidence, and the judge made a poor decision because the prosecution wasn’t done presenting its witnesses. However, the supreme court ruled that retrying the defendant would violate the double jeopardy clause, regardless of the judicial error.  There are some common misconceptions about the double jeopardy clause. Let’s take a look at two of these misconceptions. Some people believe that guilty people get out of punishment because of the double jeopardy law, and some may not even like this law. However, despite some of these criticisms, the double jeopardy law does more good than harm. Nevertheless, you should watch for these common mistakes because if the government prosecutes someone multiple times, it can cause the defendant time, money, and public embarrassment.  Not only that, but someone who had been found innocent would leave in fear because of the concern of being brought back to trial. Double jeopardy applies only in criminal proceedings and not civil or administrative proceedings, mainly because those usually recur or happen in intervals. "
What Is Jury Nullification?,"Jurors not only can determine whether someone is innocent or guilty of a crime, but they also have the power to determine whether the law under which an individual is being prosecuted is a just law or even a constitutional law. But, of course, they can also choose to ignore the law or choose to ignore the person’s guilt or innocence. Hence the reason we’re going to discuss jury nullification in this blog.  Jury nullification is when a jury votes to acquit a defendant despite clear evidence that the defendant violated the law. Jury nullification is the source of much debate, and some maintain that it is an important safeguard of last resort against wrongful imprisonment and government tyranny. Others view it as a violation of the right to a jury trial which undermines the law. Some also view it as a violation of the oath sworn by jurors.  Jury nullification in the US has its roots in the British legal system. For example, in the year 1670, British Quakers William Penn and William Meade were arrested in London for preaching their version of the gospel. Their trial was supposed to be a typical trial of the day(not much of a trial at all). However, the judge went ahead and told the jury that these two were guilty and asked them to find them guilty in short order. However, the jury refused to convict, and they said that William Penn and William Meade hadn’t done anything wrong, which clearly, they both had broken the law.  The jury found that law ridiculous and refused to enforce it by refusing to return a guilty verdict. There was also a guy named Edward Bushel, the jury foreman; he was also thrown into prison because he refused to do what the judge told him. But, gladly, the law was that the judge couldn’t overturn the jury. So there were lots of political pressure on the judge, who also happened to be the mayor of London, to get Edward Bushel to change the jury’s mind. He threatened in writing to cut Edward Bushel’s throat and nose if he didn’t find Penn and Meade guilty and Bushel refused. So this case which is  Bushel’s case, is a landmark in Anglo-American law, and those principles became part of American law.  The judge does not have the right to threaten the jury and no other figure has the right to do so. When a jury decides someone is not guilty, they are not guilty, and this principle is called jury nullification. Juries constitute a significant part of trials in the United States of America, both civil and criminal trials. In a civil trial, a jury nullifies by finding a defendant not liable even though members of the jury may believe the defendant is liable. However, in a criminal trial, a jury nullifies by acquitting a defendant even though the jury members believe that the defendant did the illegal act. Still, they don’t think the individual should be punished for the crime.  This may occur when members of the jury disagree with the law the defendant has been charged with breaking or believe that the law should not be applied in that particular case. A jury can also unjustly or illegally convict a defendant on the ground of disagreement with existing laws, even if no law is broken. Although there is the double jeopardy rule in some jurisdictions, a conviction can be overturned on an appeal, but an acquittal cannot.  As a juror, not only can you determine whether an individual is guilty or innocent of the crime but also have the power to determine whether you believe that the law under which that individual has been prosecuted is a just law or a constitutional law. The juror can choose to ignore the law or choose to ignore the persons’ guilt or innocence. If someone is found guilty or suspected to be guilty, the jury comes back with a not guilty verdict because they believe that the law is unjust.  There are a few examples of jury nullification that we can look at which occurred throughout history. Some of these include: Here are some pros and cons of using jury nullification: "
The Exclusionary Rule,"The United States Constitution was drafted to protect some of the very freedoms that we enjoy today. In this article, we will take a look at one of the legal rules based on constitutional law, which is the exclusionary rule.  The exclusionary rule is a legal principle in the United States, under constitutional law, which states that evidence obtained or analyzed in violation of the defendant’s constitutional rights is sometimes inadmissible for criminal prosecution in a court of law. As we know it, in the United States, everyone has rights, and the people who accept the responsibility of upholding the law are responsible for upholding all laws as it pertains to everyone. This also includes suspected criminals.  The exclusionary rule is grounded in the fourth amendment and is intended to protect citizens from illegal searches and seizures from the police. The exclusionary rule was also created to protect against violations of the sixth amendment, which guarantees the right to counsel.  Over time, the courts have weakened the exclusionary rule to benefit law enforcement. A couple of ways they have adapted it is through:  The exclusionary rule was created in the early 1900s so that officers couldn’t just walk into someone’s home to gather evidence against them unless they had a search warrant. There can also be some exceptions to that rule. For example, police officers can have emergency searches at your house. However, if an officer is at your home and sees anything illegal in plain sight, they can use that as evidence against you even if they don’t have a search warrant. Let’s picture this scenario. An officer shows up at your house after receiving a call about suspicious behavior. If that officer just kicks down your door without a search warrant and finds a dead body, that body is considered inadmissible in court because the officer didn’t have permission to enter your home. On the other hand, if you answer the door and invite the officer inside and he happens to see this dead body in the other room, that can be used as evidence against you in court.  The exclusionary rule has evolved throughout the history of the United States. It was established in the American jurisprudence code of conduct with Weeks vs. United States in 1914. The court then stated that any evidence obtained from improper police conduct would be excluded from the evidence to convict at trial. This rule would also include ‘fruit of the poisonous tree’ which excludes all of the evidence obtained through the improper intrusion of the fourth amendment rights. For that matter, the illegal search would be excluded, and the evidence of that search as well as anything that was produced from that search or interrogation. However, Weeks vs. the United States only applied this only to federal agents, and it didn’t apply to local state agents.  In another historical case, Wolf v. Colorado, it was stated that the exclusionary rule is not a protected right, but instead, it’s a judicially approved remedy to an officer’s actions and police abuse. It was then overruled in Mapp v. Ohio in 1961. In 1961, the court ruled that the exclusionary rule was essential and constitutionally required rights and protection. This was applied to all government agents, whether it was federal or state. The two cases, Weeks v. the U.S. (1914) and Mapp v. Ohio (1961), established the exclusionary rule. If an officer abuses the Fourth amendment or is oppressive, any evidence created or gathered from the search or interrogation will be excluded at trial. The exclusionary rule over the last decade has been weakened and adapted over a series of cases and has also been evolved as a doctrine to excuse a lot more police behavior. Furthermore, the exclusionary rule applies to all persons within the United States, even if they are immigrants (legal or illegal) or visitors.  "
Illegal Eviction – The Consequences & How to Avoid It,"Many people would love to have a friendly and easy-going relationship with their landlord or their tenants, but sometimes a landlord must seek to evict tenants to maintain a safe and well-managed property. However, many landlords who are in disputes with tenants are unaware of the proper legal process to run an eviction and can run the risk of committing an illegal eviction. Because of this, some landlords can face major criminal charges or a significant liability because of this illegal activity. Let’s take a deeper look illegal eviction, the consequences, and ways to avoid it.  Illegal evictions are any form of eviction that is not performed following the standard legal process. Landlords and tenants alike should familiarize themselves with the laws by contacting an attorney or any housing agency. If a tenant is illegally evicted, the tenant can sue the landlord for wrongful eviction and recover damages from the landlord to compensate for the expenses associated with the illegal eviction. When people think of illegal eviction, the most prominent thought that comes to mind involves using or threatening physical force to make the tenant leave. This behavior can open the landlord up to criminal charges as well as civil liabilities.   There could be many serious consequences of illegal eviction. If an unlawful eviction occurs, the tenant can call the police and bring criminal charges against the landlord. The tenant can also seek an order from the court, which would direct the landlord to allow the tenant to return to the premises. In some cases, the landlord may even be liable for up to three times the amount of damages suffered by the tenant.    There are various ways you, as a tenant, can sue your landlord for illegally evicting you. To legally evict you, your landlord must first end your tenancy. Meaning, the landlord has to sue and get a court judgment. If the landlord illegally evicted you without complying with these requirements, then you, the tenant, can sue. As a tenant, you can: Fortunately, if you are illegally evicted, there are several steps that you can take to combat illegal eviction. First and most importantly, you need to seek legal counsel and provide them with the necessary information. If you don’t have an attorney, you can always find one nearest to your location. Be sure to exercise due diligence before securing the services of an attorney.  "
What Is Duress?,"Every individual should have the autonomy to make decisions for themselves. Unfortunately, situations sometimes occur where that is not the case. When someone threatens another person with the intention of getting them to do something they normally wouldn’t have done, it can possibly be considered “duress.” While there are different definitions to exactly what duress encompasses (making it important to consult a legal professional in your specific area), understanding the basics of duress can be important to recognizing it. Let’s examine what duress is and how to prove it. As stated above, the basic definition of duress is unlawfully threatening another person with the intention of getting them to do something they normally wouldn’t have done. That is, however, a very broad definition. Duress can occur in several different ways. The most common occurrences of duress happen in situations involving contracts. If two parties are involved in some sort of contract, and one attempts to force one party to sign the contract — even when they don’t find the terms ideal — through threats, it could be considered duress. Duress in contract law is commonly broken up into two separate types: physical duress and economical duress. When a person receives threats of physical violence if they don’t sign a contract, it can be considered physical duress. Because one requirement of contracts is that all parties involved enter into the agreement in mutual consent, the act of threatening another person to sign a contract can void the agreement. As an example, Mike and John are working on a contract in which John would sell his share of the M&J Company to Mike. John is not happy with the terms of the contract and is hesitating, so Mike threatens to murder John if he doesn’t sign on the dotted line. Fearing for his life, John signs the contract. In this example, John would be signing the contract under duress and, if proven in court, would not be held to the terms due to the necessity of contracts being entered into mutually (as stated before). Economical duress involves financial elements of a contract rather than physical threats. Situations in which economic duress may come into play include: Claiming duress in a criminal law context is used a defense. A defendant will claim they committed the crime in question because they were forced into doing it by another party through violence or threats violence. Much like signing a contract under duress, these threats ostensibly would cause someone to act in a way they would’ve otherwise not. Elements of duress in a criminal case typically include: Specifically in contract law, duress often comes into play when a party is accused of breach of contract. When such a charge is brought against the person, they could claim the only reason they signed the contract in the first place was because of duress (whether physical or economical). Proving duress, however, is often difficult because there is rarely concrete evidence of the crime (such as written correspondence). To properly prove duress in contract cases, certain elements are usually required: Duress and coercion are often used interchangeably, but they are individual elements of a situation. Duress refers the to the mindset of a person who is being forced into a certain action while coercion is the actions made by the other party (such as physical or economical threats). "
Housing for Felons,"When an individual has a felony on their criminal record, it can make moving forward and doing basic things much more difficult. Just one task that can become tough with a felony is securing housing. While having a felony doesn’t completely remove the chance of renting an apartment or home, it does present certain potential roadblocks that should be understood. Read on to learn more about housing for felons, the rights of both the renter and landlord, and some of the programs that are in place to help. There are protections in place to prevent the discrimination of renters. The Fair Housing Act from the U.S. Department of Housing and Urban Development (HUD) specifically includes protections against the discrimination for reasons of: Felonies are not included in the protections. Does this mean that a landlord can refuse to rent to an individual with a felony on their criminal record? Yes. While it doesn’t mean that all refusals are “fair,” it does often mean that refusing to rent to a felon is not in direct violation of the Fair Housing Act. That doesn’t mean, however, that there are not some guidelines put in place to prevent the unfair treatment of those with criminal records. On the landlord’s side of the decision of whether to rent to someone with a felony criminal record, HUD breaks a potential instance of discrimination into two categories: unintentional discrimination and intentional discrimination. To help ensure a landlord isn’t unfairly discriminating against individuals with felony criminal pasts, HUD uses three steps to determine if the case in question was an instance of unintentional discrimination. If a potential renter is accusing a landlord of having a discriminatory policy, they must prove that the policy in question has a negative effect on a certain race or national origin more than others. In the context of felons, this could be used to prove that not renting because of certain criminal backgrounds is specifically used to target a race that has higher statistics of those crimes than others. An accused landlord must prove their refusal is not discriminatory for a legitimate reason. In dealing with some cases of housing for felons, a landlord will claim the refusal in question was to ensure the safety of other tenants. While this is often enough of a reason to make the refusal legitimate, a landlord must also have a specific reason as to why the crime committed by the potential tenant shows a higher risk than other crimes. How recently the crime was committed can also come into play here; a crime committed decades ago is harder to point to as a safety threat than one committed more recently. If a landlord can justify a criminal records policy against renters, a renter can also try to show there’s a less discriminatory alternative. This can include less-broad reasons such as specific details of the crime in question (age it was committed, rehabilitation efforts since it was committed, etc.) and other relevant personal statistics such as the potential tenant’s rental history. HUD uses a three-step process to help determine if a landlord has unintentionally discriminated against a potential tenant. The process is: When a landlord’s rental decisions are not consistent, especially when refusing potential tenants from any of the protections detailed in the Fair Housing Act, it can be considered a case of intentional discrimination. In this way, a refusal to rent because of a past felony charge can be shown to be because of a discriminatory reason instead. A small caveat to instances of potential renter discrimination comes into play when drug charges are involved. Landlords can’t be convicted of unintentional discrimination for refusing to rent to a potential tenant who has been convicted of the illegal manufacture or distribution of a controlled substance. Section 8 housing was designed to help, “very low-income families, the elderly, and the disabled to afford decent, safe, and sanitary housing in the private market.” Qualified renters can receive housing vouchers that pay up to 70% of a building’s rent (Section 8 housing is only available in specific apartment complexes). Individuals with felonies on their criminal records can qualify for Section 8 housing, but there are certain types of felonies that disqualify an individual from the program. The two types of felonies that disqualify an individual from qualifying for Section 8 housing are: "
What Can You Do If a Judge Is Unfair?,"One of the mains goals of the U.S. legal system is to treat everyone with fairness and equality. Unfortunately, several factors can impact this goal, resulting in a less-than-fair situation. One of these scenarios can involve a biased or unfair judge. While this may seem like a problem that is out of your hands, there are steps that can be taken — with the assistance of a legal professional — if you feel you’ve been treated unfairly in a courtroom. Here are several possible answers to a difficult question to face — what can you do if a judge is unfair? Judges are meant to be held to extremely high ethical standards. Any qualified judge is expected to remain unbiased and neutral in the courtroom. Failure to meet these standards can result in severe consequences not only for the individuals involved in the case, but for the judge themselves. It’s important to note that these types of biases can be focused on the accused or the accused’s attorney. Just because a judge might not have any personal grief against the accused, personal grief against the attorney can result in the same type of unfair treatment if the former was the case. Before examining what you can do if a judge is unfair, it’s important to examine the standards every judge is expected to uphold. According to the Code of Contact for United States Judges, there are three main elements to the expected behavior and ethical benchmarks of a judge: In addition to those standards, understanding the definition of “bias” (or unfair) gives a clear picture of how certain actions can call into question whether or not a judge is upholding his or her expected standards. A definition for bias reads: “Inclination; bent; prepossession: a preconceived opinion; a predisposition to decide a cause or an issue in a certain way, which does not leave the mind perfectly open to conviction.” If you and your legal representation feel a judge has betrayed any of the above ethical standards in a way that shows unfairness or bias, then it’s time to explore possible legal actions. There are several different options you can pursue if you feel a judge has acted in an unfair way, and each navigates a slightly different path. It’s possible — and necessary — for a judge to recuse his or herself when certain elements are involved in a case. These are outlined in 28 U.S. Code § 455. A small section of the Code that details situations in which a judge should recuse him or herself goes as such: “(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; (2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it; (3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy; (4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; (5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person…” If any of these situations are true, and a judge doesn’t execute the recusal themselves, an individual involved in the lawsuit can formally request a recusal based on the grounds of unfairness or bias. If a ruling has already been made in your case, and you and your legal representation feel the judge’s biases have impacted the decision, you can file an appeal to have the case elevated to a higher court. These appeals are made based on a belief the judge arrived at the decision due to prejudice, incorrect use of the law, or incorrect or ignored evidence. If the appeal is accepted by an appellate judge, he or she could overturn the original decision or send the case back down to the lower court and order the judge to rehear it to correct the initial error in judgement. Instead of escalating to a higher court, filing a motion for reconsideration goes directly to the judge overseeing the case. A motion for reconsideration includes a written brief containing the reasons why you and your legal team believe the decision was unfair or biased. In addition to the written brief, there may be oral arguments before the judge. Typically, a motion for reconsideration must be filed within a certain timeframe, and since these periods can differ from state to state, it’s important to be aware of the particular time constraint to ensure the motion is heard. As outline above in the “Ethical Standards of a Judge” section, all judges are expected to meet certain ethical standards as long as they hold court. Filing a grievance based on unethical behavior can encompass a wide range of infringements including violations of the code of conduct (also outlined above) or simply behaving in an inappropriate manner during the trial. These grievances are filed against the judge in question with a clerk of federal appellate court. The grievance should contain a detailed account of the judge’s actions and witnesses to the behavior. "
How to Sue an Apartment Complex,"From blasting music late at night to something as simply frustrating as not cleaning out the lint trap in the laundry room, living with a bad neighbor or two while living in an apartment complex is certainly difficult. Dealing with a landlord or rental company that is actively violating your rights as a tenant, however, is often a much more challenging situation. From the reasons to bring a lawsuit to the steps of the process, here is how to sue an apartment complex. Before getting into the exact steps, it’s important to start with the several scenarios that can warrant a lawsuit against a landlord and apartment complex. This isn’t a comprehensive list, but it does cover some of the most common renter’s rights violations that can lead to a lawsuit. As a renter, you have certain rights that must be acknowledged and protected by your landlord. Here are just some of the situations that may be grounds for a lawsuit against your apartment complex (it’s important to consult with a legal professional before making any kind of legal decision in these matters). Every tenant has the right to livable conditions. Unfortunately, it’s not exactly uncommon for certain problems to make an apartment less-than so. Health hazards such as mold growth, lead paint, and radon gas can turn even the most comfortable unit into a dangerous environment. Similarly, maintenance concerns such as the heat not working during the winter or no running water are not acceptable living conditions. If a landlord or apartment complex refused to complete repairs for these problems, it could be grounds for a lawsuit. Typically, a landlord must provide reasonable notice before entering a tenant’s unit. If a landlord violates this agreement (or if they’re entering for illegal reasons even with a notice), a lawsuit could possibly be brought against the person or company to stop the intrusions and to potentially recover damages. Under the Fair Housing Act, no tenant can be denied housing because of race, color, national origin, sex, religion, familial status, or disability. If any of these factors do come into play during a denial of housing, the Department of Housing and Urban Development (HUD) will investigate the claim and, if evidence of wrongdoing is proven, further legal action will be taken. Each state has specific landlord-tenant laws that must be adhered to when renting apartments. While these can and do differ depending on where you live, one thing doesn’t change — a landlord or rental company must follow them. If a law or laws was broken or specifically ignored during the rental process (for example, not claiming responsibility for repairs in the building), then it may be possible to sue the apartment complex for these violations. A lawsuit can be brought against your landlord or rental company if you think you’re being illegally evicted. Illegal evictions can come in several forms including retaliatory (such as evicting a tenant after repeated complaints about a valid maintenance or health issue) and discriminatory (such as evicting a tenant after they displayed religious or cultural items within accordance with the building’s rules). Suing an apartment complex or landlord requires certain steps to be taken, and it’s important that each be followed correctly to ensure your case remains strong (Please note: the following steps should not be taken as exact legal advice. Always consult with a legal professional first to make sure you’re following all local guidelines and mandates.) The first step in suing an apartment complex is drafting a formal complaint (sometimes called a petition). The complaint is the actual document that begins the lawsuit process, but it must be drafted in accordance with local rules of the court. The complaint lists all of the facts relevant to your situation, including the law you feel has been broken by the apartment complex or landlord. Depending on the amount you’re suing the complex or landlord for, your complaint may be able to be filed in small claims court (each state will have a small claims court monetary limit). If your amount exceeds that limit, the complaint will be filed in civil court. Once the complaint has been properly drafted and filed in the appropriate court, an official copy of the paperwork needs to be personally delivered to the offending party. The rules differ by state, but usually a police officer or a professional process service can ensure the paperwork is delivered to the correct person. Who that is, however, can sometimes be difficult to determine. If the landlord of the apartment complex doesn’t own the building, the copy of the paperwork may be better delivered to the offices of the management company that oversees the building. Typically, employees of the management company are qualified to receive the paperwork, allowing the next steps of the lawsuit process to begin. Once the complaint copy has been delivered to the appropriate parties (and if the case can’t be resolved through negotiation), the court may hold a pretrial. During the pretrial session with the judge, several topics may be discussed, and the judge typically sets down basic rules for the trial-to-be. It’s important to note that the parties involved in the case can still engage in negotiation at this point in the process, potentially removing the need for a trial at all. If there is no progress on an agreement during the pretrial phase, the process may move on to discovery. During the discovery phase, both parties involved in the case exchange the evidence collected and intend to produce during the trial. Depositions, requests for admission, interrogatories (basically written depositions), all may occur during this phase. If an agreement still hasn’t been reached at this point, the case will go to trial. Once the presentation of evidence and arguments and any witnesses needed have been questioned, the judge will issue a decision regarding the matter. "
"Suing Your Landlord: How, When, Why, & Should You Bother?","So your landlord sucks. Now you want to know if you can sue them, how you’d go about doing that, and what you can expect to get, right? Before you consider suing your landlord, consider what you might have to sacrifice to win. Not every battle is worth dying for. And this one may or may not be one of them. Sure, suing your landlord may be about the principal. To teach them a lesson – or maybe rebalance the scales of karma a scooch – or whatever other reason you want to tell yourself. But suing your landlord does not come without some big financial risks. Most landlords are protected by limited liability companies (LLCs) or large organizations. They may have in-house legal counsel and deep wallets to hire competent attorneys. Suffice it to say, that this project isn’t going to be cheap on your wallet if you chose to lawyer-up. Certain states even require you have an attorney. Although most allow you to represent yourself in Small Claims Court. And lawyers are expensive. On the other hand, if you chose to go it alone, be prepared to dedicate days to dealing with court-related proceedings. This isn’t just days in court, either. This includes gathering, filing, and submitting paperwork, dealing with filing fees, dealing with their rebuttals, doing your own legal research, and potentially taking time off work to do it. Court is a time-suck. Don’t underestimate how much time and money you’ll lose doing it on your own. Especially if you’re up against a lawyer who can bury you in paperwork. It’s also a massive risk to sue a landlord when you currently live on their property. They could retaliate and, since they’re in a legal pickle, they’ll probably retaliate in ways that are legal but highly inconvenient. There’s probably a never-ending list of reasons why you want to. But, legally speaking, here are the top reasons you’d be able to sue them and possibly win. Each state’s landlord-tenant law lists specific reasons your landlord can take deductions from your deposit. If your landlord has made a deduction for reason that’s not allowed – or which you didn’t specifically agreed to in advance -you can take your landlord to court. You can also file a suit if your landlord has not returned or is withholding your security deposit. Discriminations a big one. Of course, your landlord cannot violate the Federal Fair Housing Act (FHA.) If you can prove they did, you may have a legal case against them. You’ll first have to file a complaint with HUD, and they’ll investigate your claim. If they find that they did violate the FHA, legal action will be taken by HUD. Not all clauses are legal. Your landlord cannot include clauses that go against the landlord-tenant laws for your state. For example, service animals are allowed under the Federal Fair Housing Act. If they refuse to allow your service animal, it’s illegal. That’s just one example. Of course, there’s plenty of other illegal lease clauses out there. Here are a few more to keep an eye out for: However, the tricky part here is that these clauses aren’t enforceable, so there’s not much need to sue your landlord over them unless you attempted to comply with them prior to you realizing they were illegal. Be sure to check with your state tenant-landlord laws. If your landlord refused to address the repair that affected the health and safety or refused to perform them in a reasonable time, and you had to personally pay someone to perform the repair, you can see your landlord to recover the money paid out-of-pocket as well as prior possible damages. If you were hurt, robbed, assaulted, or had any other incident that directly stems from your landlord’s negligence, you could possibly have the opportunity to sue your landlord for negligence. However, expert proof may be required in order to satisfy the burden of proving negligence. If you’re successful, you will be allowed to recover damages caused by the incident. If your landlord didn’t disclose lead paint hazards or mold issues at the property – or purposely hid them from you -you may have legal ground to sue. Especially because they’re issues that cause long-term health problems. You could have a case for a lawsuit if you’re injured at rental property due to negligence. For example you slip and fall because there’s not a banister in the stairwell. This does not pertain to you slipping and falling because you or your neighbors refused to pick up after themselves. Landlords have to provide reasonable notice to enter your rental property. And they can only do so for legally allowed reasons. If your landlord violates these laws, the tenant can go to court to stop landlord from entering and could be awarded damages. You can counter sue your landlord if you feel like your landlord is trying to you illegally evict you. This could be trying to force you out without following state laws on eviction, locking you out, changing your locks, or fabricating or exaggerating a reason to evict you. "
Outdated & Weird Laws You Can Still Be Charged With,"Don’t kill bigfoot, keep an “adequate supply” of TP in coal mines, and – whatever you do – don’t make gross cheese. If you’re wondering what weird laws your state has, don’t worry. We broke down the weirdest laws in every state below.   In Alabama, it’s illegal to pretend to be a religious figure. You also can’t pretend to be a minister, nun, priest, or Rabbi. On that religious note; you also can’t play dominoes on a Sunday. Or hunt, shoot, play cards, or race.   Alaska has a statute that says an “intoxicated person may not knowingly enter or campout where alcohol is sold.” Which means you can’t get drunk in a bar and remain on-premises. But you also can’t drive home. And I’m guessing they don’t have a ton of Ubers out there? In any case, cops in Alaska have been known to arrest both patrons and bartenders for this offense.   In Arizona, it’s illegal to feed garbage to pigs without a permit to feed them garbage. Although if they’re pigs you plan on eating yourself, you don’t need a permit. (But ew?) Also fake drugs are illegal in AZ. As are most real ones.   AK made it illegal for a pinball machine to give away more than 25 free games to a player in one sitting. According to the Arkansas state legislature, the statute aims to prohibit machines that encourage gambling.   In California, there’s a health code that likely comes from the county fair and frog jumping Jubilee. But this weird law goes like this; a frog that dies during a frog-jumping contest can’t be eaten and you must destroy it as soon as possible.   Colorado has a ton of places to ski, which can be a huge boon for tourism during skiing seasons. But in order to modify the weather (IE: make snow), you need a permit in CO.   In Hartford Connecticut it’s illegal to collect “rags, paper, glass, old metal, junk, cylinders, or other waste materials” without a license. Because it’s their junk and they don’t want you to have it. It was previously illegal to sell pickles, salsa, or anything with a pH below 4.6 at a farmer’s market in CT, though this law was recently overturned.   In Delaware, it’s a misdemeanor to sell, barter, or offer the fur of domestic dogs or cats. Any products – made in whole or in part – may result in a fine of $2,500 and a ban of owning a dog or cat for 15 years after the conviction. This includes even shed fur.   In Florida, people who own bars, restaurants, or other places where liquor is sold may be fined up to $1,000 if they participate in or permit any contest of… Dwarf tossing. Though they have been working on getting this law repealed. Speaking of booze, it’s also illegal to sell alcohol during the hurricane. The state says it’s to curb people’s ability to throw hurricane parties. So it’s basically for public safety.   In Georgia, those who engage in llama-related activities are personally responsible for any injuries they suffer. This is to protect agricultural owners from lawsuits.   In order to keep Hawaii an idyllic and peaceful chain of islands, they have a law called the “Urban Beautification Initiative,” and it dates back to 1927. This initiative says that billboards are outlawed in the state with a few exceptions. This includes notices from public offices and signs posted where goods are sold. Otherwise, outdoor ads are strictly off-limits.   In Idaho, cannibalism is usually illegal. You read that right, in most states, cannibalism itself isn’t expressly illegal. However, the law allows for cannibalism “under life-threatening conditions as the only apparent means of survival.” And, further, how Idaho defines cannibalism is the “nonconsensual” eating of someone else. Providing you have a friend that’s totally cool with you eating their arm, it’s not technically cannibalism – or illegal – in Idaho. Though it is likely frowned upon.   There’s a bit of a rumor surrounding this weird law. The rumor goes like this: it’s illegal to own more than $600 worth of salamanders. This is almost true. And, truthfully, the rumors are weirder than the actual law. In reality, it’s illegal in Illinois to possess any variety of aquatic life that was captured or killed in violation of the fish and aquatic life code, or whose value exceeds $600. So, yes, you can own $600 worth of salamanders – but it can’t be just one salamander worth $601. But only if it violates the fish and aquatic life code in IL.   Indiana made it illegal for liquor stores to sell refrigerated soda or water. The law states that a beer and wine store should be exclusively alcoholic. That means any water were soda sold needs to be at room temperature. I’ll admit, this makes no sense to me, but it made sense to Indiana. Additionally, you’re not allowed to sniff toxic vapors of any kind in Indiana. At least, not if you’re intending to cause “a condition of intoxication, euphoria, excitement, exhilaration, duplication, or dulling of the senses.” But if you just like sniffing toxic vapors, there seems to be no law about that.   Iowa takes butter pretty seriously. Anyone trying to pass off margarine as real butter is guilty of a misdemeanor under the food labeling laws in Iowa. Renovated butter – whatever that is – must also be labeled as renovated butter.   It’s illegal to sell liquor by the glass in over 25 counties across Kansas, catch fish with your bare hands, and – no – you cannot shoot a rabbit from a motorboat. Because I know you were going to ask that. But non-motorized boats seem to be okay.   No dueling in Kentucky if you’re a public officer, legislator, or lawyer. Each one of these professionals needs to take an oath stating that they have never fought a duel with a deadly weapon.   Traditional Louisianan jambalaya is not subject to state sanitary code. This means that jambalaya in Louisiana can be made for public consumption in the open using iron pots and wood fires.   In South Berwick ME, it is illegal to park in front of Dunkin Donuts because those spots are reserved for police officers only.   Fortune-telling is illegal in Maryland. According to this law, “Anyone pretending to forecast or foretell the future of another through cards, palm readings, or any other scheme, practice, or device” can be found guilty of a misdemeanor and fined up to $500 or serve jail time.   American pride runs deep in Mass. Singing, playing only part of, remixing, or dancing to the national anthem is punishable by a fine of up to $100 in Mass. Additionally, swearing at sporting events if you’re over the age of 16 is still against the law. But I’ve at Fenway for losing games, and I can tell you it is not enforced.   Cheating, in Michigan, is illegal. Breaking this law is punishable by a maximum sentence of four years in prison and up to a $5,000 fine. Additionally, blasphemy is still illegal in Michigan. Though neither of which are enforced with any regularity. And a final note on Michigan’s weird laws… You can’t be drunk on a train. But a plane is okay, and once you get to Ohio, you can absolutely get drunk on a train. Just be sober for your ride back to Michigan.   In Minnesota, any contest where contestants have to try to capture a greased or oiled take is illegal. Turkey scrambles are also illegal. But non-oiled or greased pigs seem to be perfectly within legal bounds.   For a little while, it was illegal to swear in public and Mississippi. While it’s no longer officially illegal to use obscene or adult-like language, people still can’t display “obscene stickers, paintings, decals, or emblems in public or on motor vehicles or clothing.”   This one might be one of the weirder weird laws. And it’s got a lot of caveats to it, but here we go: If a bull or ram over the age of one year runs rampant for more than three days, a person may castrate the animal without liability for the damage. However, three town residents must attest in writing that the animal is loose, and its owner must fail to reclaim the animal after notice is given. After that, you can castrate the bull – or ram – and continue to let it rampage, I guess?   Yes, those words are in the right order. For Montana laws, anyway. Driving animals onto a railroad track with the intent to damage the train can result in fines up to $50,000 and prison time of up to five years.   Marrying if you have an STD is illegal in Nebraska. Even though Nebraska doesn’t require any sort of panels, blood tests, or medical history in order to get a marriage license. Which makes this law difficult to enforce.   Using a pedoscope (in other words an x-ray machine to size your shoes) is illegal in Nevada. So you’ll just have to measure your feet the normal way, I guess. So much for your daily dose of high levels of radiation.   Don’t collect or carry away seaweed at night in NH. Also no hunting in a graveyard in Evertt – though in other towns that’s legal, but likely uncouth – and you need to use your real name to check into a hotel.   If you’re going to commit a crime, don’t wear a bulletproof vest. In New Jersey, a person wearing a bulletproof vest while carrying out a criminal act can be charged separately for “suiting up.”   In NM, you can be charged with a misdemeanor if you trip a horse.   The Empire State bans being masked – or in any manner disguised in public. They also don’t like groups of people all dressed the same way. I do wonder what Halloween is like in NY if this is enforced… And, like Michigan, adultery is still illegal in NY. Punishable by up to 90 days in jail and a fine of up to $500.   In NC, elephants can’t be used to plow cotton fields. But other fields seem to be okay. Just no cotton, so don’t even think about it.   In ND, it’s illegal to lie down and fall asleep with your shoes on. Though whether this is in private or public, the law doesn’t say. It also doesn’t say if it would be legal to sleep in public with your shoes off. In any case, we’re thinking your sidewalk nap will be rudely interrupted.   In Ohio, every operator of an underground coal mine must provide “an adequate supply of toilet paper for each toilet.” While this kinda makes sense, there are a lot more questions than answers. Like what is an “adequate supply”? What happened to make this a law? And what is going on in Ohio’s coal mines?   The state statute in Oklahoma still says, “It is a fact that there exists an internal communist conspiracy. Such a conspiracy constitutes a clear and present danger to the government of the United States and to the state.”   If you’re traveling with bottled pee in Oregon, you cannot throw it out of your vehicle or leave it on the side of the road. This is a class A misdemeanor. The same is true for fecal matter… Which leaves us with a similar question that we had for Ohio… What is going on with Oregon? And why do you have fecal matter in a container that you’re throwing out your car window? In addition, you can also be fined for leaving your car door open for too long. This is something that has to do with cyclists being annoyed by car drivers. Which isn’t as uncommon as you think it is. However, how long you can actually leave your car door open for is unclear.   Human trafficking is a serious issue. Not just in Pennsylvania, or the states, but around the world. However, Pennsylvania felt the need to make it a misdemeanor to attempt to order – or sell – a baby. Though whether this is in addition to other charges or a standalone charge, the law doesn’t seem clear on. What makes this law weird isn’t that you can’t buy or sell babies, that’s being a decent person. What makes it weird is that it’s a misdemeanor.   You cannot – I repeat, cannot – bite off someone’s limb in Rhode Island. So take note. If you do bite off someone’s limb in Rhode Island, you’re looking at 1 to 20 years worth of prison time. And a huge mouth, because that seems difficult to accomplish with a human-sized mouth. That is… unless you’re part of a zombie hoard.   In South Carolina, a male over the age of 16 can’t seduce a woman by falsely promising to marry her. However, a woman could falsely seduce a male by promising to marry him. In either case, a man found guilty will be charged with a misdemeanor and possibly fined or imprisoned for no more than one year.   In South Dakota, every hotel must have twin beds two feet apart, and “thou shalt not make love between the beds.” Which is fair because they did give you two beds.   In Tennessee, they have a law for teachers that prohibits talking about “the gateways to sex.” This gateway includes things like kissing and holding.   If you’re an atheist, you can’t run for office in Texas. People wishing to run for office in TX must acknowledge “the supreme being.” If not, they could be subjected to religious testing… Whatever that is. You don’t have to believe in any particular God, but you do have to believe in some sort of superior being.   In Utah you cannot hurl a missile at a bus or a bus terminal… unless you’re a peace officer or security personnel. Another UT law; you can’t bite people while boxing.   In Vermont, there’s a law that bans banning clotheslines. That means that towns, neighborhoods, and communities can’t ban the use of clotheslines in Vermont… Because that’s banned. According to the Vermont state legislature, clotheslines are listed as energy devices based on renewable resources.   In Virginia, there’s a law saying fornication (IE: sex) is completely banned unless you’re married. Technically, it’s still punishable as a misdemeanor. Though we’re assuming no unmarried couples are formally charged with the crime of “unmarried fornication.”   It’s a law in Washington that you cannot attach a vending machine to a utility pole without prior consent from the utility company. Additionally, killing bigfoot was a felony at one point and punishable by five years in prison. Now, the law’s been amended to say bigfoot is an endangered species and, thus, killing and trapping bigfoot is still illegal under the Washington wildlife laws.   In West Virginia, you can’t use ferrets to hunt. Anyone who hunts, catches, takes, kills, injures, or pursues a wild animal or bird with a ferret will face a fine of no less than $100. And up to 100 days in jail. This might sound odd, but ferrets are skilled hunters who are used to hunt rabbits and birds in many parts of the world. Yes, including parts of the US.   Wisconsin takes cheese seriously. According to Wisconsin state legislature, non-tasty cheese is technically a punishable offense. According to the law, state-certified cheeses like Munster, cheddar, colby, and Monterey jack must be “highly pleasing.”   In Wyoming, it’s illegal to injure a fish with a firearm. Whether the weapon actually has to be fired or not, the law doesn’t say. In any case, you literally can’t shoot fish in a barrel.   Don’t forget to share this list of weird laws with your friends! It might just keep them out of jail the next time they try to shoot a rabbit from a motorboat. "
Right To Know Law: Everything You Need To Know,"The Right To Know Law isn’t a single law. It’s a group of laws. These laws cover a variety of rights. From your rights during police encounters to workplace safety to personal information. And they’re typically different for every state. However, there are some laws – such as the right to know workplace laws – that don’t deviate much. Mostly because the federal government stepped in with minimum regulations. OSHA also governs some of the right to know laws and regulations in the workplace, so they’re a bit more uniform.   More recently, we’ve been hearing about the Right To Know Act in NY. This law took place in 2018. The New York Police Department ordered 10,000,000 business cards. Officers needed to hand out these cards to people they stopped. The cards include the officer’s name, ranks, and other important identifiable information. In New York, it’s required for them to hand out these cards under the new Right To Know Act in most circumstances.   The officer(s) must identify themselves, the reason for your interaction, and give you a business card without you having to ask for it if:   The addition to the law also included updates to consent to search. An officer previously only had to have a hunch that someone on the street was doing something illegal, such as possessing drugs. The officer could then stop and search someone based on that hunch. This argument of “reasonable suspicion or probable cause” came up in Whren v United States. Obviously this “hunch” method has plenty of room for human bias, error, and moral grey-area of plausible deniability. And that can lead to racial, sexual, or other inequalities and intentional targeting from law enforcement. With this new addition though, the officer no longer has a right to search someone based on suspicion. This applies to your home, your car, or anywhere else. Unless they get your voluntary, knowing, and intelligent consent. They can, however, stop to question you. In which case, they need to give you their card.   This means that officers can no longer search people in New York unless they:   With New York having made these drastic changes a few years ago, other states are now following suit. For example, Pennsylvania is moving to make it similar to NY’s. The same is true with California, where police brutality is a serious issue as well. Now it’s important to remember that this right to know law does not apply to every state. In fact, it doesn’t apply in most states. However, if this is something you want to see more of, there are plenty of petitions, senators, and other avenues that you can pursue to make sure your voice and your opinions on this are heard.   Right To Know in the workplace is very different from those that involve the police. This set of laws mandates that employers share scientific information with their workers and local communities about the chemicals found in the workplace.   This information needs to include the following for every chemical the business uses to provide goods and services:   The Right To Know Law in this circumstance places emphasis on maintaining and dispensing information.   This set of laws is broken into four broad categories of obligation:   This information must be presented even if it’s not formally requested. You may have seen the posters that most workplaces have about The Right To Know Law. Most places also usually have decent sized books that you can go through at your own leisure. If we’re boring enough to call that leisure, anyway. The Federal Hazardous Substance Labeling Act also provides workers with basic information on hazardous materials. Including descriptions of the nature of the hazard and instructions for safe handling and medical treatment in case of exposure.   What is considered public record under the Right To Know Law depends largely on what state you live in. For example, in some states, your name and address are public record. And in most states, if you win the lottery, your name, age, and address will become public record. Even if it wasn’t before. In other states, public record laws are much stricter and protect more of your information. There is no uniform answer as to what is public record. However, when we’re talking about public records such as state records, agency records, or governmental records – that’s a different topic. The Right To Know Law also collides with the Freedom of Information Act (FOIA.) Which is a topic that we’ve already covered in a different article because it’s a very different set of laws. The Right To Know Law covers personal information, while FOIA covers government information. But your information – depending – may be covered only partially because of FOIA.   The same is true here. Your name, address, and age may be protected. Or it may not be. The same is true for certain information about other people, agencies, or any state entity that operates within your state’s Right To Know Law. In order to get a clearer picture of what your state’s right to know laws are, you have to do your research on your particular state – or the state that you want to request information in. But because there are so many laws under this one law, you need to get specific about what question you want answers to. "
"W-4: What It Is, Who They’re For, & How To Fill It Out","They sound and look complicated, but they’re not that bad, I promise. A W-4 is a tax form used by employers to withhold the correct amount of taxes from your paychecks. If you don’t fill out this form, or don’t fill it out correctly, you may end up having to pay additional taxes when you file your tax return at the end of the year. Alternatively, if you request too much be taken out of your paychecks you might have a hard time paying your bills. Of course, you can change the allowance withheld from your paycheck as long as your employer allows you to. All you have to do is fill out another W-4.   W-4s are also called “employee’s withholding certificate.” It determines how much your employer will withhold from your paycheck. This withheld money gets sent to the Internal Revenue Service (IRS) on your behalf. Along with the cash for your taxes, your employer will send your Social Security number and your name so the IRS can track what money came from who. The money sent to the IRS counts towards paying the annual income tax bill when you file your tax return in April. That’s why your W-4 asks for so much personal information. You can also claim an exemption from withholding if you didn’t owe taxes last year and expect to not owe this year. This means that those income taxes won’t be taken out at all, though this is rare because the limits for taxable income are so low. Related: What do I do if I lost my social security card?   W4’s don’t get filed with the IRS. Instead, your employer will use the form to determine how much to take out of your checks for you. Once that’s done, they need to file it away somewhere for you – or them – to reference if any questions pop up. You only have to fill out a W-4 if you start a new job or to make changes to the amount of taxes being taken out of your checks every week. For example, if you realize you or are getting too much money taken out of your paycheck and want to reduce the taxes coming out. Or if you moved into a new tax bracket. This includes things like you got married or divorced, had a child, or got a second job. You may also fill out a new W-4 if you want to withhold extra money from your paycheck for your next tax return. Your W-4 changes will take effect within the next one to three pay periods. Depending on how you’re paid. So, if you think you’ll need to do this soon, it’s better to do it earlier than later.   The forms are easy to complete. But the numbers can seem overwhelming since they – logically – make no sense to anyone who doesn’t work at the IRS or in a tax office.   Your name, address, filing status, and Social Security number. Your employer needs all this information so the IRS knows to apply the payment towards your income tax bill, not someone else’s. After completing this step, single filers with a simple tax situation only need to sign and date the form. If you’re single, have no dependents, have only one job, and plan on filing a simple tax return, you can reasonably expect to always be a 0 on a W-4. However, if that’s not you, there’s more math. First we’ll cover multiple jobs.   If you have more than one job or your filing status is married filing jointly and your spouse also works, you need to figure out what number to put down. Since you’re filing jointly, this is considered two jobs if you both work. Which doesn’t make a ton of sense, but it’s the IRS, so… Anyway, you have a few options to calculate your number:   Use the IRS’ online tax withholding estimator. This option has four steps that are basically the same as on the form itself, but it’s a bit easier if you’re getting jumbled on the math.   Fill out the multiple jobs worksheet. It’s provided on page three of the W-4 form. Enter the result from step 4C n the line. This is provided on the form your employer should have given to you. Alternatively, you can download the form from the IRS if they didn’t or you misplaced it. The IRS advises the worksheet should only be completed on one W-4 form and the result should be entered for the highest paying job only. For example, if your spouse makes more than you, use their income. Or if you have a full-time and a part-time job, use the income from whichever one makes more money. Not per hour, but overall.   Check the box in option C if there are only two jobs total. Do the same on the W-4 for the other job. Choosing this option makes sense if both jobs have similar pay period otherwise more tax may be withheld than necessary.   If you have dependents, fill out step three to determine your eligibility for the child tax credit and credit for other dependents. This may also apply to lower-income families who may qualify for EIC. Single taxpayers who make $20,000 or more or those married filing jointly who make less than $400,000 are eligible for the child tax credit, so you’re very likely to be eligible for the first one at least. The IRS’ definition of a dependent is pretty complicated, but the short form is a qualifying person who lives with you and whom you support financially. Multiply the number of qualifying dependents underage 17 by $2,000. Multiply the number of other dependents by $500. At the dollar sum of the two to line three. For example, if you have one of each dependent type, you will put $2,500 on line three. Related: What is a legal dependent?   Yeah, this may sound crazy. Especially given how much they’re already taking out of your paycheck. But the information you provided in the previous section might result in your employer withholding too little taxes over the course of the year. If they withhold too little, you’ll end up having a big tax bill and possibly underpayment penalties and interest come April. If you’re worried about this being the case, tell your employer to withhold extra money from each paycheck. If you overpay, you’ll get it back anyway. The most likely cause of significant underholding is if you receive significant income on a 1099. This is a form used for interest, dividends, or self-employment income. No taxes are withheld from any of these income streams, so you’ll need to pay extra taxes to cover those. You may also need to use this section if you’re still working but receive pension benefits from a previous job or Social Security retirement benefits. Step four of the W4 allows you to have additional amounts withheld by filling out one or more of the three sections below:   If you expect to earn non-job income such as dividends retirement accounts or savings enter the amount you expect to receive in this section.   Fill out this section if you expect to claim reductions such as itemized reductions other than standard deductions and want to reduce withholding. Use the deduction worksheet provided on page three of the W4 form to calculate what to put here.   This allows you to have any additional tax you want withheld from your paycheck. Including any amount from multiple jobs worksheet if this applies to you, but some people like to just use their tax return as a savings account. If that’s you, this is your line.   Signing and dating your W-4 is the easiest step. But it’s just as important as any other step. The form says, “Under penalties of perjury I declare I have examined this certificate and to the best of my knowledge and belief it is true, correct, and complete.” You need to sign your name below that statement where it says employees’ signature. Then enter the date to the right. Your W-4 is not valid until you do so. And, as a reminder, lying on this form is paramount to perjury which is punishable by jail time and sizable fines, so, you know, be honest about who you are and all that. People like to fixate on the numbers, but, really, you can put whatever number down you want. It’s just generally not in your best interest to do so. When in doubt, go lower.   If you will be employed no more than 245 days of the year, request in writing that your employer use the half-year method to compute your withholding. The basic withholding formula assumes a full year of employment. Without using the part-year method, you’ll have too much withheld. Of course, you’ll get your money back, but it’s still nice to have liquid assets on hand. "
"Plausible Deniability Definition, Examples, & Laws","Plausible deniability is defined by the dictionary. But it’s not technically a legal term or defined in any legal documents. Which makes it a much looser term than it sounds. On top of that, plausible doesn’t mean trustworthy, possible, or even likely. Plausible means you could conclude that something might or might not be possible. But usually theoretically, superficially, or suspiciously. It doesn’t necessarily have to be a “reasonable” conclusion, either. In its broadest sense, the term usually points to a lack of proof. After all, innocent until proven guilty is the backbone of our legal system. So if there’s no proof, it’s plausible they could deny it. Essentially anything illegal or unethical that can be explained away under an innocent and probable guise – true or otherwise – falls under plausible deniability. Even if the plausibility of the denial is suspicious. However, in the ‘60s, the CIA took the term and expanded on what plausible deniability means to them. And the CIA’s version is the one that became popularized. To the CIA, it’s the act of withholding information from senior officials to protect their higher-ups in the event the information becomes public. Whether the information was actually withheld or not matters little in court if there’s no proof to the contrary. While it might seem like a minor tweak, the CIA’s definition puts blame on subordinates. This blame swap alleviates pressure on more senior officials. Which you may or may not frown upon. And I get that. Most people expect superiors to be held accountable for the actions of the subordinates. But if they have plausible deniability, the senior officials can’t be held accountable. This is true even if the actions clearly only benefit the superior who “wasn’t” in the know. It also applies if an implication was made that spurred on illegal or unethical actions. An example would be a sinister comment in a suspicious tone followed by an equally suspicious exaggerated wink. That is, providing the superior can write it off as a misunderstanding. *Wink.*  However, in cases where someone genuinely didn’t know something was happening, they can’t reasonably be held accountable for the other person’s actions. Regardless of management practices and chains of command, if someone really doesn’t want you to know something, they’re really just not going to tell you. Famously, Ollie North (Lt. Col. Oliver L. North from the Iran-Contra scandal) called this situation “absolute deniability.” Ollie’s argument was if you’re genuinely not aware of or did not do something, that’s not plausibility – it’s just not a thing. This seemingly convenient loophole is meant to uphold the burden of proof. And – before you cry outrage – the burden of proof is for your benefit as well. So it’s kinda important if you care about your rights. However, that’s not typically how we think of plausible deniability. And that’s certainly not how we’ve seen it pan out in the political or corporate arena. You don’t have to look long to find a scandal with a defense of “plausible deniability.” Most notoriously, we have President Reagan and the Iran-Contra scandal, Jeff Skilling from Enron, and Volkswagen’s still-evolving emissions scandal – among hundreds of others. And we’ll cover some of those in a minute. But it’s important to remember that this isn’t just in politics and the C-Suite. Real-world plausible deniability can (and does!) encompass things like thinly veiled threats, false advertisements, sexual harassment, stalking, discrimination against legally protected characteristics like race, age, gender, and sexual orientation, as well as a slew of other instances. Petitioner Curtis Flowers claimed that state prosecutor Doug Evans had a history of racial bias. Curtis claimed this bias made his six separate convictions – all prosecuted by Doug Evans – unfair. In two trials, the appeals court found that Evans had intentionally excluded 41 of 42 potential jurors based on their race. This unconstitutional exclusion is also known as a Batson violation. Evans fought the Batson violation charges by pointing out that he had a reason to strike all 41 of the 42 potential jurors. It was acknowledged by all parties that each black juror was subjected to more intense questioning by Evans than the white jurors. However, some supreme court judges indicated they still saw merit in those jurors being removed. Mrs. Johnson, Flowers’ attorney, argued that “The problem isn’t whether the reason [for striking a juror] is a legitimate reason, but whether the reason was pretext.” Ultimately, Flowers’ Batson violations case ruled 7 – 2 that “The trial court committed clear error in concluding that the State’s peremptory strike of a particular black prospective juror was not motivated in substantial part by discriminatory intent.” Whren and Brown were driving in a ‘high drug area’ when police officers noticed they were sitting at a stop sign for an unusual amount of time. They then “abruptly turned without a directional onto the road and sped away.” When police officers stopped Whren and Brown, they found Whren holding plastic bags of crack cocaine. Before trial, they moved to suppress the evidence and stated the officers used the traffic violation as a pretext for stopping the truck because they lacked either reasonable suspicion or probable cause to stop them. Additionally, they claimed it was a violation of the fourth amendment by conducting an illegal search and seizure. In a unanimous ruling, the court held that as long as a police officer could cite a violation as a reason for stopping a vehicle on the road, then whatever other reasons he may have had for stopping the vehicle are irrelevant. Though this seems reasonable enough, traffic violations are not only broad and subjective in most cases – particularly when it comes to reasonable suspicion – but numerous and easy to find if you follow someone long enough. This ruling invited race, age, and gender discrimination and harassment under the guise of a “routine stop.” But as long as a reason can be cited for the stop, that reason can be used as probable deniability for racism, sexism, agism, sexual harassment, or any other illegal reason to be pulled over. On November 4, 1979, 66 Americans were taken hostage in the Islamic Republic Of Iran. When the 1980 election rolled around, incumbent Jimmy Carter was being opposed by Ronald Reagan, and the American hostage situation was one of the leading national issues. As the story goes, Carter was mounting a last-second rescue mission to swing the polls in his (already favorable) favor. Reagan was concerned Carter was going to pull this off, so he made a deal with Iran to hold onto the hostages until after Reagan had taken office. Statements from former intelligence officer Abulhassan Banisadr and US National Security Council member Gary Sick indicate that Iran was promised weapons and monetary assets that had previously been blocked in US banks for holding onto the hostages. Reagan, of course, did win the 1980 election, and 20 minutes after his inauguration speech ended, the Islamic Republic Of Iran announced the release of the American hostages. This sent up massive red flags, and the American public and hostages demanded investigations. The investigations ultimately came back with no definitive proof that the weapons were sold to Iran to delay the release of the hostages, giving rise to Reagan’s first “plausible deniability” scandal, but also the term “October surprise.” Of course, the Iran-Contra scandal doesn’t end that quickly. The money from weapons that were sold to Iran (totaling more than $30 million) was given – at least in part – to the Contras. The Contras were a group of guerillas that were attempting to overthrow the Nicaraguan government. Reagan openly supported their cause, and even likened them to America’s founding fathers. However, selling arms to Iran and assisting the Contras were both illegal – regardless of whether the “October surprise” allegations are true or not. Regan made liberal use of the phrase, “I don’t recall,” and Ollie North stepped in to say that Reagan knew nothing about the money going to the Contras because he hid it from Reagan. This gives us plausible deniability scandal number two, but it also popularized the CIA’s version of the term. But Reagan, in total, had eight major scandals in his presidential career that resulted in indictments, convictions, and investigations of over 138 officials – making him the most scandalous president to date. At this point, it’d be easy to be disheartened by the thought that plausible deniability always wins, so I’d like to introduce you to Enron and the concept of implausible deniability. Implausible deniability can be best explained by attempting to use the excuse of plausible deniability and failing to convince anyone that it’s true. IE: your deniability is implausible. The Enron scandal is too complex for a small part of a blog post, and Jeff Skillings wasn’t the only one who was formally charged, but he’s probably the most well-known player in the scandal. In short: Enron was inflating their revenue by projecting the revenue they hoped to gain from a venture and counting the projected revenue as earned, even if they never earned a dime from the venture. They were also hiding their debt in businesses they created specifically for hiding their debt. It was still their debt, and they still needed to pay it with the money they weren’t actually making, but none of that was in the books. Over the course of a few years, these cooked books fooled investors over the long-term, leading to purchases of more stock, which rapidly lead to the inflation of their stock price from $20 per stock to well over $80. Skillings sold almost all of his stock before it fell and netted himself $15.6 million, then promptly left Enron for “personal reasons.” When this Enron bubble inevitably burst, their stocks fell from over $80 to under $.20 and thousands of people lost their retirement funds, jobs, and billions of dollars in worthless stock. At this point Jeff Skillings, CEO and former COO of Enron, took to the stands well-armed with a heavy dose of plausible deniability. Almost all his statements included some air of, “I wasn’t aware,” “I don’t recall,” “I wasn’t there,” or “I did not believe” when giving his testimony. Of course, no one believed him, and he was sentenced to 12 years in prison. Several other companies, CEO, CFOs, and COOs went down with them. There are no laws in place to specifically safeguard against plausible deniability when it doesn’t pertain to the government’s involvement in other countries. This means that incidents like Flowers V. Mississippi, Whren v. the US, and Enron aren’t touched by the following laws. But that’s not to say there aren’t safeguards that were in place to prevent these things from happening. In the case of Enron, there are quite a few businesses and SEC laws and in the case of civil issues, there’s obviously the constitution. But there are no laws about how the chain of command and passing of information should flow – with the exception of the government’s involvement in other countries. In order to understand what laws are in place to combat plausible deniability as far as the CIA is concerned, we have to look at the foundational laws in place that they build off of. In this case, the Foreign Assistance Act. The Foreign Assistance Act’s goal was to unify existing aid efforts from organizations like the International Cooperation Administration, Development Loan Fund, The Export-Import Bank, and the Food for Peace program, under the United States Agency for International Development (USAID.) It also distinguished the difference between non-military and military aid of other countries, with the former usually falling under the management of USAID. The act states that no aid shall be offered to any communist country (though this can be overturned in some instances by the president,) or to any country that “engages in a consistent pattern of gross violations of internationally recognized human rights, including torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges, causing the disappearance of persons by the abduction and clandestine detention of those persons, or other flagrant denials of the right to life, liberty, and the security of person, unless such assistance will directly benefit the needy people in such country.” Though, due to the violent nature of Contra’s efforts, this is one of the laws that the Iran-Contra scandal directly conflicted with in the ‘80s. This amendment to the Foreign Assistance Act was intended to limit major covert operations of the military, CIA, and security agencies without the president’s (and other parties’) full knowledge. Essentially it’s supposed to work like this: The CIA and Defense Department agencies were prohibited from using appropriated funds to conduct covert operations until the president issued and submitted an official finding that each operation was essential for national security. From there, the finding would go to six congressional committees, which later became eight congressional committees including the House and Senate “select committees” on intelligence that were later established specifically for this purpose. The act also stated that the CIA (or other agency) had to inform congress in a timely manner of their entire intended plan. This would remove the “plausible deniability” of the president and expand the circle of culpable parties into several congressional branches. This failed rather quickly because the ability for congress to veto and leak covert operations was now a large part of the covert ops approval process. As such, the CIA and other covert agencies never gave the full picture to committees. As a result, the committees stopped further questioning the CIA and other agencies that conduct covert ops because they weren’t getting the full story regardless of questioning. Again, this was violated with Iran-Contra in the ‘80s. The Intelligence Oversight Act is an amendment to the Hughes-Ryan Act and intended to fill in the gaps the previous revision failed to fill. This act removed six of the eight committees from Hughes-Ryan and now only required two committees be privy to covert ops – the House and Senate “select committees” on intelligence (HPSCI and SSCI, respectively.) This act also revised what the new rules going forward were, including keeping both committees “fully and currently informed” of activities including “any significant anticipated intelligence activity.” However, a smaller-mentioned portion of this amendment also includes the article provision, “[n]othing in this subchapter shall be construed as requiring the approval of the congressional intelligence committees as a condition precedent to the initiation of any significant anticipated intelligence activity.” This removes the pitfalls of the previous amendment where covert operations could be vetoed or leaked, while retaining the original intention to expand the net of culpability and remove any reasonable excuse of probable deniability. "
"Nepotism, Cronyism, & Favoritism: Illegal Or Unethical?","Nepotism in its simplest form is showing favoritism towards relatives. On the other hand, the less commonly thrown around (yet more commonly occurring) cronyism, is showing favoritism towards friends, associates, or colleagues. In general, they both involve “playing favorites.” Situations like choosing a relative for the job when there were more qualified applicants, promoting the office suck-up based on their relationship to management versus on job merit, or starting friends and family off at a higher pay rate with lesser qualifications count as favoritism. But favoritism isn’t always the simplest thing to define. And, more often than not, it depends on the perspective. For example, when someone is offered a promotion based on relation – rather than work record – it’s unfair. But not usually discriminatory. The person who offered a friend or family member the promotion could get along better with this person, be less critical of their work, or could genuinely see value in their work even if you don’t. We all have biases. That’s not opinion, that’s an unfortunate scientific fact. Without them, we would have too much information to process. That’s just how your brain operates to make shortcuts for your decision-making process. And those biases influence how we act, react, see people, and judge value. Some people are self-aware enough to see how their bias paints a person or a situation. And, with that, they can make logical and rational decisions. Opposed to decisions fueled by undercurrents of emotional bias. IE: you adore your best friend and think she’s a wonderful singer. Even if you’re aware that she sounds like a sick crow to literally everyone else. But, unfortunately, most people aren’t terribly self-aware. Including management (as well as plenty of employees) who overvalue and overpraise underwhelming work. I bet you know the kind. In order for favoritism to be illegal, you need to prove that the bias was against a protected characteristic. Something like your age, gender, sexual orientation, religious beliefs, etc. The problem with that is some groups just get along better. They work together better, they communicate better, they share the same beliefs, views on the world, values – whatever. And none of that makes favoritism illegal. Even if they only get along better because of a legally protected characteristic. Which leads us to the question: when (if ever) is nepotism illegal? Nepotism itself is not illegal in the private sector. This means unless you’re employed by the government or a public entity, your company does not have many (if any) laws banning, prohibiting, or otherwise punishing nepotism or cronyism. Without this lack of law, family-run and owned businesses wouldn’t be a thing. So, on one side, it’s a great and heartwarming thing. On the other side, it’s wonton – and dare we say rampant? – abuse leads to serious ethical implications. And, let’s remember: nepotism is still a form of favoritism. But favoritism isn’t inherently illegal. However, in some cases, favoritism crosses the line into discrimination. Just where this line is – and how to prove that line has been crossed – is tricky. Say Sarah and Emily were hired at the same time, for the same job, in the same department, and have the same experience. So all things, essentially, equal. I know that’s not realistic. But for the sake of simplicity, play along. Now, Sarah consistently outperforms Emily, but Emily is related to their boss. When the opportunity for a promotion opens up, Emily gets offered the job and Sarah doesn’t. Someone being offered a promotion because of their relation to management (or even their ability to obnoxiously suck up to management) is favoritism. But it hasn’t crossed any legal lines. If Emily from the example above wasn’t related to the boss and was being favored due to her age, race, gender, or any other legally protected characteristic instead, then it becomes illegal. If Sarah is indeed more deserving based on her work performance, but being overlooked due to a protected characteristic, it’s discrimination. But it would be hard to prove. So let’s keep going with this then. Emily’s older than Sarah, so the boss feels that Emily is more competent. Even though they have the same experience and Sarah outperforms Emily. But if Emily and the boss get along better because of his bias towards her age, then the boss could easily argue he promoted Emily because he liked her better. This would still be super unfair and unethical – and a terrible management practice. But not illegal on face value. However, if a clear pattern starts to emerge where – all other things equal – this supervisor consistently overlooks younger people for promotions, then there’s certainly a case for discrimination. If you feel like you are being discriminated against, we have some resources to help you weigh your options. Favoritism is also illegal when it becomes sexual harassment. When a boss favors someone they have a consensual sexual relationship with over someone they don’t have a sexual relationship with, that’s not necessarily illegal. Typically unethical and would constitute as nepotism or cronyism – but not illegal. Married couples working together, for example. Which may or may not lead to nepotism. But that’s for another time and post. When this becomes illegal is when they favor the person they’re in a sexual relationship with and/or punish the person (or people) who denied engaging in a sexual relationship with them. Alright, example time. Say person A got a promotion after they engaged in a sexual relationship with their superior. But person B got fired and person C got demoted after both denied the same superior. At that point, it goes from being cronyism (or nepotism depending on the relationship with person A) to sexual harassment. And – in some cases – discrimination. However, for discrimination to come into play in a sexual harassment case, sexual orientation or another protected characteristic would need to be a factor. For example, if person B denied a sexual relationship with their superior because of their sexual orientation and got fired. But person C denied a sexual relationship with their superior without sexual orientation being a factor and simply got demoted – this would likely push the interaction over the line to discriminatory. Providing all else is equal between person B and person C, of course. It can also be sexual harassment in some cases if the superior is attempting to “win over” someone by favoring them in the hopes their relationship will turn sexual. But, again, the circumstances surrounding that one are tricky. It’s hard to point to where the action crosses the line into harassment or discrimination. The superior could easily say they promoted one person over the other because they’re in a relationship. Or in the latter case because they like them more than the other person. In either case, this could be entirely true. Again, it would be totally unfair and a terrible management practice – but not necessarily illegal. And, again, not the easiest case to prove. But if you feel sexually harassed, don’t let that discourage you from putting a stop to it! Nepotism and cronyism in the private sector become illegal when it breaches a contract, becomes discriminatory, or involves sexual harassment. Contract breaches are probably the easiest to prove. Most jobs require some form of contract. Whether you realize you’d signed one or not. That stack of paperwork you sign when you start a job? Somewhere in there, it usually outlines an adherence to the company policies and terms. Most of the time it also outlines what the company will and won’t tolerate for relationships in the workplace. And, additionally, what actions count as a conflict of interest. Of course, nepotism and cronyism almost always count as a conflict of interest in the general sense. But if your company is privately held, what counts as a conflict of interest to them is a whole other matter. For publically traded companies, under the Sarbanes-Oxley act (2002,) management officials are required to disclose conflict of interest to potential and current stakeholders. This means if the company you work for sold all or part of itself during an IPO, they’re required by law to disclose the hiring of family or friends. If they fail(ed) to do so and someone reports their failure, that means that conflicts were hidden will likely lead to an SEC investigation. If you report your employer, you’ll be protected from punishment under the whistleblower act. Nepotism and – to a much lesser extent – cronyism are also illegal in government entities. Many states have an anti-nepotism law for public officials such as senators, people in congress, and in some cases police departments or other government entities. In most states (even the ones that don’t have anti-nepotism laws) conflict of interest laws still apply to both government entities and to publicly traded companies under the Sarbanes-Oxley act. Each state has laws that govern what relationships count under the law, what the repercussions for breaking the law are, and who this law applies to. In some cases, relationships defined by blood (consanguinity) are more penalized than those defined by marriage (affinity.) Some laws only count immediate family while others count family members that are four or more degrees out (ie: third cousins or your great aunt three times removed.) In rarer cases, some states define their degrees differently. This table is from the National Conference of State Legislatures.   Class 2 misdemeanors are punishable by up to four months imprisonment and a fine of not more than $750. Ariz. Rev. Stat. Ann. § 13-707 & 13-802. No person related to a legislator within the second degree shall be appointed to any clerkship, office, position, employment or duty within the legislative branch when the position would be paid out of public funds. Idaho Code Ann. § 18-1359. Possible penalties for violation of this chapter include: (from Ind. Code Ann. § 4-2-6-12) §  (1) Impose a civil penalty upon a respondent not to exceed 3 times the value of any benefit received from the violation. §  (2) Cancel a contract. §  (3) Bar a person from entering into a contract with an agency or a state officer for a period specified by the commission. §  (4) Order restitution or disgorgement. §  (5) Reprimand, suspend, or terminate an employee or a special state appointee. §  (6) Reprimand or recommend the impeachment of a state officer. §  (7) Bar a person from future state employment as an employee or future appointment as a special state appointee. §  (8) Revoke a license or permit issued by an agency. §  (9) Bar a person from obtaining a license or permit issued by an agency. §  (10) Revoke the registration of a person registered as a lobbyist under IC 4-2-8. §  (11) Bar a person from future lobbying activity with a state officer or agency. NOTE: The statement of policy in the statutory section on the Maine Civil Service System, Bureau of Human Resources mentions a general interest in having a government free from nepotism, but it is not clear that the provision would establish any particular legal restriction or duty regarding legislators or other public officials. Me. Rev. Stat. tit. 5, § 7031. It shall further be unlawful for any person or any member of any board, bureau, or commission or employee of any department of this state or any political subdivision thereof to enter into any agreement or any promise with other persons or any members of any boards, bureaus, or commissions or employees of any department of this state or any of its political subdivisions thereof to appoint to any position of trust or emolument any person or persons related to them or connected with them by consanguinity within the fourth degree or by affinity within the second degree. Mont. Code Ann. § 2-2-303. Violation of the nepotism laws are punishable as misdemeanors, with a fine of between $50 and $1,000, imprisonment for no more than 6 months, or both. Mont. Code Ann. § 2-2-304. Employment or recommendation of a family member permitted by political subdivisions, with disclosure and approval. Neb. Rev. Stat. Ann. § 49-1499.04. A person employed contrary to the provisions of this section must not be compensated for the employment. Any person violating any provisions of this section is guilty of a gross misdemeanor. Nev. Rev. Stat. Ann. § 281.210. Gross misdemeanors are punishable by a jail term of not more than 364 days or a fine not to exceed $2,000, or both. Nev. Rev. Stat. Ann. § 193.140. No person so unlawfully employed shall be paid or receive any compensation from public funds, and such employment shall be null and void, and the person or persons giving such employment, together with his or their bondsmen, shall be liable for any and all moneys so unlawfully paid out. N.M. Stat. Ann. § 10-1-11. Department of Administrative Services Directive No. HR-D-02 established a statewide nepotism policy that applies to legislators. Legislators shall not employ or supervise any person closely related. Penalty is a misdemeanor, punishable by a fine of at least $100 but no more than $1,000 and forfeiture of office. Okla. Stat. Ann. tit. 21, § 485. “Family member” means an individual who is: the spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, or grandchild; a member of the individual’s immediate family. S.C. Code Ann. § 8-13-100. §  (7) an appointment or employment of a person by a municipality that has a population of less than 200; or §  (8) an appointment of an election clerk who is not related in the first degree by consanguinity or affinity to an elected official of the authority that appoints the election judges for that election. Exceptions: (from Utah Code Ann. § 52-3-1) §  (i) the appointee is eligible or qualified to be employed by a department or agency of the state or a political subdivision of the state as a result of compliance with civil service laws or regulations, or merit system laws or regulations; §  (ii) the appointee will be compensated from funds designated for vocational training; §  (iii) the appointee will be employed for a period of 12 weeks or less; §  (iv) the appointee is a volunteer as defined by the employing entity; or §  (v) the chief administrative officer determines that the appointee is the only or best person available, qualified, or eligible for the position. No public officer may directly supervise an appointee who is a relative or household member when the salary, wages, pay, or compensation of the relative will be paid from public funds, except as follows: (from Utah Code Ann. § 52-3-1) §  (i) the appointee was appointed or employed before the public officer assumed his position, if the appointee’s appointment did not violate the provisions of this chapter in effect at the time of his appointment; §  (ii) the appointee is eligible or qualified to be employed by a department or agency of the state or a political subdivision of the state as a result of his compliance with civil service laws or regulations, or merit system laws or regulations; §  (iii) the appointee will be compensated from funds designated for vocational training; §  (iv) the appointee will be employed for a period of 12 weeks or less; §  (v) the appointee is a volunteer as defined by the employing entity; §  (vi) the appointee is the only person available, qualified, or eligible for the position; or §  (vii) the chief administrative officer determines that the public officer is the only person available or best qualified to perform supervisory functions for the appointee. When a public officer supervises a relative/household employee: (i) the public officer shall make a complete written disclosure of the relationship to the chief administrative officer of the agency or institution; and (ii) the public officer who exercises authority over a relative may not evaluate the relative’s job performance or recommend salary increases for the relative. Utah Code Ann. § 52-3-1. No appointee may accept or retain employment if he is paid from public funds, and he is under the direct supervision of a relative or household member, except as follows: (from Utah Code Ann. § 52-3-1) §  (a) the relative/household member was appointed or employed before the public officer assumed his position, if the appointment did not violate the provisions of this chapter in effect at the time of his appointment; §  (b) the appointee was or is eligible or qualified to be employed by a department or agency of the state or a political subdivision of the state as a result of his compliance with civil service laws or regulations, or merit system laws or regulations; §  (c) the appointee is the only person available, qualified, or eligible for the position; §  (d) the appointee is compensated from funds designated for vocational training; §  (e) the appointee is employed for a period of 12 weeks or less; §  (f) the appointee is a volunteer as defined by the employing entity; or §  (g) the chief administrative officer has determined that the appointee’s relative is the only person available or qualified to supervise the appointee. Each day any such person is retained in office by any of said officials shall be regarded as a separate offense. Utah Code Ann. § 52-3-2. Any person violating any of the provisions of this chapter is guilty of a misdemeanor. Utah Code Ann. § 52-3-3. Penalties may include removal or disqualification from office, fines, and a term of imprisonment. Utah Code Ann. § 76-3-201. Penalty is a misdemeanor punishable by a fine of not more than $1,000 and removal from office. Wyo. Stat. Ann. § 9-13-109. “Family member” means an individual: (A) Who is the spouse, parent, sibling, child, grandparent or grandchild; or (B) Is a member of the individual’s household. Wyo. Stat. Ann. § 9-13-102. "
How To Obtain A Criminal Background Check In Pennsylvania,"Most Pennsylvania criminal background checks are public record. This means information is accessible to anyone who knows how to search for it online or request it by mail. As is the case in all other states, however, juvenile records and officially sealed records can only be accessed by a court order.  Prospective employers, as well as private citizens, may wish to perform a background check on people for a variety of reasons. Employers will obviously want to use the information on a person’s criminal history to assess whether or not they may be trusted to perform job duties and whether or not an applicant is suited to work with the general public. This is especially true if a prospect may be asked to work around large sums of money or other valuable items. Also, if a person is working around vulnerable populations– such as elderly people or young children– a criminal background check is not only required by law but makes for good sense when assessing whether or not a person can be trusted not to harm or in any way take advantage of others in their care.    Adults wishing to volunteer with certain non-profit organizations may also have to undergo a criminal background check. As is the case with employers mentioned above, volunteers may also have access to valuable items, sensitive data, or may engage with vulnerable populations. For these reasons and others, it may be necessary for an organization to perform a background check to safeguard the organization and the public.   Increasingly, private citizens are also seeking background information on people they encounter in their personal lives. It is not uncommon for people to search for information on the criminal history of domestic workers, romantic partners, or even prospective business partners. Pretty much anyone can order a PA criminal background check on another person whenever they feel the need to do so.   Those wishing to adopt a child in the state of Pennsylvania must also submit to a criminal background check. Such will be ordered by the court presiding over the adoption before the matter is concluded. Along with a state background check, a full investigation of each adult who is involved in a child’s adoption will also ensue. This includes checking for criminal histories that may exist in other states, as well as federal background checks for those petitioning to adopt. A background check may also be requested for other adults living in the home where the child may live if an adoption is granted. Such thorough criminal background checks are necessary to ensure the future safety and well-being of a child being adopted by a new family.   State background checks may also be performed by government agencies located anywhere in the United States. For example, a PA criminal background check may be performed in determining whether or not a person will be granted a travel visa. A person’s criminal history may also be considered during a foreign citizen’s immigration process.   Whether performing a background check in Pennsylvania online or by mail-in request, the following information will need to be supplied in order for a search to be performed: In addition to information being requested on an individual subject, the person requesting a criminal history must also supply their own name, address, telephone number, and the reason why they are requesting a PA criminal background check on another person.    A unique online portal known as the PATCH system (Pennsylvania Access To Criminal History), is available to the general public. If a person has a criminal history in the state, a record of such is stored in a central repository, which PATCH searches each time an online request is made. If a person’s information does not match anything in the repository, the requestor is immediately notified that no criminal history exists for that subject.  However, if the information entered into the system by the requestor matches any information stored in the state repository, the request will net a “Request Under Review” response, which can take up to two weeks to be completed. Within that time, a manual search of a person’s criminal history is performed. Upon completion, if the person does have a criminal record, that information will be reported to the requestor online and can be printed, if necessary. If it turns out that, under closer review, the person does not have a criminal record in the state of Pennsylvania, the requestor will be notified of such.  If a certified copy of a person’s record is needed, that can also be obtained by following the online instructions available within the PATCH system. Copies of certified records can also be printed upon request.   The process of obtaining a PA criminal background check by mail is essentially the same as the online process previously described. While the request is initiated by mail, the information supplied requires a manual search of the state’s repository.  To obtain a background check by mail, a person must first download the appropriate form on the state police website. As of this writing, there are three separate forms a person may choose from:  Whereas an online records search may take up to two weeks to be completed (in cases where information provided matches information in the state’s central database), a search by mail may take up to four weeks for a full search to be completed.   When a volunteer or an employee will be working with or around children, an additional child abuse clearance may be required before that person is hired. In these cases, a clearance can be ordered online or in person by following the instructions provided on the Pennsylvania Department of Human Services’ Office of Children Youth and Families website.   Currently, the fee for a standard request is $22.00 U.S. Dollars. A request for an Access and Review criminal background check is $20.00 U.S. Dollars. Non-profit groups and organizations requesting a criminal background check on a volunteer are not charged a fee as of this writing. None of these fees includes the cost of obtaining notarized copies of a person’s criminal background, when necessary.  Online requests may be paid through PATCH by credit card. Information requested by mail-in form, must be paid by money order. The Pennsylvania State Police Department does not accept personal checks or cash for criminal background searches. The cost of checking another person’s criminal background in the state of Pennsylvania may change over time and so it is best to contact the Pennsylvania State Police or visit their website for the exact fees.   Occasionally, obtaining information on a person’s criminal history may be a bit more difficult. It is not uncommon for criminals to attempt to hide their past in order to deceive others. They may do so by using an alias, lying about their actual birth date, or any other way they can shield their true identity and make it difficult for a PA criminal background check to be performed. When this happens, it may be necessary to hire a private investigator who specializes in digging into a person’s past through alternate means. Such an investigation may involve activities such as covertly following a person to verify where they live, obtaining a person’s fingerprints or other DNA samples in order to verify their true identity, and questioning people closely associated with the person, such as family members, neighbors, and co-workers. As this can be a very complicated and even dangerous way of obtaining information necessary to perform a more thorough criminal background check, it is strongly advised that an experienced professional is hired to perform such tasks. The cost for a more in-depth investigation will vary depending upon the agency or individual hired and the length of time it takes to uncover the information necessary for a full background check.   It should be noted that performing a PA criminal background check will only return results for the state of Pennsylvania. Separate background checks must be performed to determine whether or not a person has a criminal history in another state. Federal background checks are also entirely separate. The processes involved in checking a person’s criminal history in other states and with federal bureaus may differ from the system made available in Pennsylvania. Federal background checks are the most thorough criminal searches available. These are commonly used in employment situations and, of course, by law enforcement officials. Federal background checks are also required by law for any persons who will be engaging with or working in close proximity to children. Most nursing homes, hospitals, and other caretaking jobs will also require a federal background check.  Fees for a federal background check or record searches in other states are totally separate from any fees associated with a PA criminal background check.   Knowing precisely how to obtain a PA criminal background check can streamline the process while saving a person time and money. Researching a person’s criminal background may also help in determining whether that individual is suitable for employment, future business dealings, or even romantic partnerships. As we live in an information age, access to a person’s history is often right at our fingertips and can even be done from home once an individual knows what to look for and where to find such information.  For more on how to perform a PA criminal background check, please visit our article archives.  "
How To Check If A Number Is On The Do Not Call List,"Telemarketing calls are nothing new, but many people still receive them on a daily basis. If you do not recognize a phone number calling you, there is a good chance it is an unwarranted sales call. And while there are call-blocking apps and built-in tools on your phone that you can use to ward off sales calls, the easiest way to make sure you stop getting telemarketing calls is to simply add your phone number to the Do Not Call Registry. This is a free service provided by the Federal Trade Commission that puts your phone number on a list that telemarketers are not allowed to call. But what if you’ve added your information to the list and you’re still receiving those pesky calls? Let’s dig into the details and how to check if your number is on the do not call list once you’ve registered. Adding your phone number to the Do Not Call Registry is a simple, one-step process. If you have yet to do so, call 1-888-382-1222 or visit donotcall.gov, click “Register Your Phone,” and provide them with your number and email address. You will receive an email to complete your registration within a few days. From there, your number will be added to the DNC list by the following day. Within a month, the number of phone calls you receive from telemarketers should dramatically decrease. However, we are often asked if there is a way to confirm that your phone number is on the Do Not Call Registry. Perhaps you are still receiving unwanted calls, or you are not sure your registration went through in the first place. To get peace of mind about your registration status, you’ll want to visit the same website you did when you originally registered, donotcall.gov. Once you’ve pulled up the National Do Not Call Registry website, select “Verify Your Registration.” You’ll need to re-enter your phone number and email address. If you registered multiple phone numbers, you can check them all of the same time (up to three). Shortly after submitting your information, you will receive an email that will verify if your number is on the list and the exact day you were registered. This information may be able to help you track at which point the telemarketing calls slowed down, if at all. If the number of unwanted calls did not decrease after the verified registration date, it may not be telemarketers’ phone numbers that you need to worry about (more on that in a bit). Phone numbers stay on the National Do Not Call Registry indefinitely. You can request that your phone number is taken off the call registry. The only other reason a number may be removed from the registry is if the phone line is deactivated. If you have registered for the National Do Not Call Registry, you probably expected all those random calls to stop coming in. However, what many people do not realize is that many unwarranted calls are not from telemarketers. Instead, they are from spammers. Through the Telemarketing Sales Rule, the National Do Not Call Registry was created to help stop telemarketers from cold calling strangers. It is illegal for them to do so if the person receiving the call has not granted the telemarketer permission to give them a sales call, which is where the registry comes in. By law, telemarketers must abide by the DNC list, which is only effective to a certain extent. Why? Well, telemarketers are not considered spammers because they work for legitimate businesses. Spammers, however, cannot be monitored as closely because they are working outside of the law. They are not running legitimate businesses that care about the legalities of the FTC’s registry, meaning spammers choose to ignore it and call you anyway. Keep in mind, it is still completely legal for organizations to reach out to you for the following purposes: Still receiving unwanted calls? You can report it to the FTC to help them keep track of where these calls are coming from. However, if you want to completely stop scammers and robocalls, you may need to take additional steps, such as downloading a mobile app on your phone. There are various paid and free apps to help detect spam calls and turn them away before they get a chance to go through. To learn more about protecting yourself from spam, check out How To Report A Scammer To The Police. "
How To Report A Scammer To The Police,"If you’ve ever been scammed, you may feel hopeless. Scam artists have many tactics up their sleeves, from selling counterfeit goods to stealing your information online. Sadly, the majority of people have found themselves on the receiving end of a scam, unsure about how to find justice. But fortunately, there are ways you can fight back, including reporting the incident to the police. In this guide, we will discuss reporting a scammer to the police, as well as how to find justice through the Federal Trade Commission and Internet Crime Complaint Center. If you’ve been scammed, read on to find the right solution for you. If you have recently been scammed, take comfort in knowing that there are multiple resources out there to help. However, scammers come in all shapes and sizes, and reporting them may look different depending on the crime. If you’ve been scammed over the phone, the process of reporting it will look a bit different than if you have been scammed on a website or by a local scam artist. Regardless of the details of the crime, you will want to notify your bank immediately if a debit or credit card was used to make the fraudulent purchase. When you call, ask to speak to the fraud department. The fraud representative will ask you several questions about the scam, such as when it took place, how much money you have lost, and if you have noticed any other suspicious transactions that resemble fraud. Many banks will investigate on your behalf and reimburse you if they find the purchase was indeed a scam. Once you’ve notified your bank, you should reach out to the authorities to report the scam. For those who have experienced website scams or fraud via an online purchase, reach out to the Internet Crime Complaint Center at www.ic3.gov. This is a Federal Bureau of Investigations (FB) website. All you need to do to report the crime is provide the FBI with some basic information. Start by clicking “File a Complaint.” Then, proceed by clicking the IC3.gov button, which will take you to a page focused on internet crimes. If you believe the scammer has also stolen your identity, you can reach out to the Federal Trade Commission at 1-877-FTC-HELP or 1-877-ID-THEFT. They also have a place on their website, www.ftc.gov to file a consumer complaint or report identity theft. If you are unsure about where to direct your scam complaint, reach out to the FBI online or give them a call at (202) 324-3000. If you have fallen victim to a scam, your local police department should be able to help along with the resources mentioned above. It is generally best to file a police report on a scammer, reach out to your bank, and file a complaint with the appropriate federal agency as soon as possible after you have been scammed. To file a police report for a scam, you will need make a call to or visit the fraud division of your local police department. Make sure you are able to provide them with information about the incident, from bank statements to credit card charges, emails, and phone call history. If you have any information about the scammer, such as their physical appearance, the sound of their voice, phone number, or IP address, be prepared to share it with the authorities. Upon reaching out to the police, they will ask you for the information they need to file the report. Be sure to make a note of which officer files the report and their contact information in case you need to follow-up. Depending on what kind of scam has taken place, your local authorities may not be able to catch the scammer. In this case, they should be able to provide you with additional resources to help. Sometimes, your local police department will direct you to a state consumer protection office for scams related to banking, insurance, investments, and household utilities. There are a couple of avenues you can take if you are trying to get your money back after a scam. The most efficient way is to report scams immediately to your bank’s fraud department if you had money stolen from you on a credit or debit card. The FTC focuses on stopping businesses who use scams to make money. They also work to get customers refunds for any money lost from scams. If you file a report, the FTC cannot promise you will get your money back, but if there are enough scams from one company, they will make it a priority to shut them down and get customers their money back. "
How To Sue A Company,"There are many reasons why someone may want to sue a company, whether that is for a breach of contract, an injury, or another wrongdoing on the business’ behalf. The people that file suit against businesses are often employees, customers, or stakeholders who have been harmed in some way by the company. This harm can come in many forms, including physical, mental, or emotional, and each case is handled differently. Some cases are taken care of in small claims court, while some are settled entirely out of court. If you are considering suing someone at a company – or the business itself – you likely have many questions. In this guide, we will discuss the basics of suing a business, as well as other options to consider if you aren’t ready to go to court. If you have been harmed by a company, you are able to file a lawsuit against them. However, before you get too far down the rabbit hole, take a moment to gather any proof you have that the company harmed you. These can be photos, emails, witnesses, medical records, or contracts. It is recommended that you write down any details you remember from the situation before you forget, as you may need to share these with an attorney and judge later. Once you have gathered evidence and taken notes about the wrongdoing, you can file a complaint with the court in your jurisdiction. To do so, you will typically just have to fill out a form that outlines who is filing a complaint against who, and for what reason. In some jurisdictions, you will send a demand letter at this stage, which tells the defendant and the court what kind of compensation you are hoping to gain from the case. Upon being notified about the complaint, some companies may try to settle with you outside of court, which can be a solid option for you if you do not want to have to worry about all of the fees that go along with a lawsuit and hiring an attorney. To proceed with filing a civil claim against the defendant, you will need to register through the local court and schedule a court date. However, it is important to keep in mind that once you file a complaint, a business will want to protect their reputation just as much as their money. You must be prepared for the business to fight back, which is why it is so crucial to have evidence against them. If you go to court over the dispute, it will be considered a civil lawsuit. A civil lawsuit takes place when a defendant has caused harm or damage to the plaintiff. Civil cases cover many of the wrongdoings that are not considered criminal cases, whether that is a wrongful termination at work, a breach of contract between an employer and employee, or a bodily injury from a product defect. Note: You will also want to notify your insurance if you have been harmed by an organization. They will typically be able to help you when it comes to collecting damages. What about Small Claims Court? If you are seeking damages under $1,000, you may go in front of small claims court to present your case. It is a relatively cheap forum for minor disagreements and controversies. Plus, you may not need legal assistance in small claims case. You will just need to be prepared to pay some money for the filing and court fees. Going up against a business, especially a large one, may feel a bit intimidating. However, there are many reasons why individuals may be able to sue a business and win. Most often, those who sue corporations are employees, customers, or stakeholders. Other instances of someone suing a company may be if an employee of the business does harm to a bystander while on the job. So, on what grounds are you able to sue a business? Here’s a look at some common reasons individuals go up against a corporation: Wrongful termination – If you are a former employee of a company and believe you were fired for reasons that were not just, such as discrimination, you may have a case for wrongful termination. Breach of contract – There are several ways a breach of contract can happen. An employee may leave their job before their contract says they can. Or, an employer may go against terms laid out in a contract with an employee. Maybe you signed a lease with an apartment complex, and the property management company did not abide by the contract. Regardless, when terms of a contract are broken, you can sue a company. Injuries – If you are physically hurt while at work, or if an employee on the job does physical harm to you, you may be able to sue a business for bodily harm. This can also apply to customers using a business’ product that malfunctions and ends up injuring them. Harassment – Like injury, employees who are harassed, whether it’s physically, mentally, or sexually, can file a lawsuit against a business for related harm and damages. Malpractice – Patients and clients of care facilities can sue a business for malpractice if they believe the business acted negligently. Fabricated financial information – If shareholders for a company are provided with false information about the financial health of an organization, they can sue the organization. If a company has caused you harm, you may want to find legal assistance to help with your case. It is advisable to hire an attorney from the beginning because there are a lot of moving parts when you choose to sue someone at an organization, or the business themselves. If you are an employee (former or current) of the defendant, you will want to find an employment lawyer. There are attorneys who specialize in lawsuits from wrongful termination to harassment, discrimination, employment contracts, and more. If you’ve been physically hurt by an organization and/or one of its employees, you should find a personal injury lawyer. Organizations being sued, on the other hand, should look for a corporate litigation attorney. In most cases, the business is the entity that gets sued, but in certain situations, the owner or an employee of a business can be sued, as well. This kind of question is most often asked when it comes to bodily harm cases. For example, if someone is walking across the street at a crosswalk and a delivery truck hits the bystander, the company and the individual driving would most likely be at fault and could both be sued by the civilian. On the other hand, if an employee is working in a factory and one of the pieces of equipment malfunctions, causing the employee to be injured, the company would be at fault in most cases. Laws regarding these kinds of cases vary by state. In fact, if you work for a large company, you may not be able to sue them at all. Yes, you heard that right. The majority of Fortune 100 companies, as well as other large entities, will make employees sign a mandatory arbitration clause when they are hired so if a problem ever arises, it has to be handled in a private settlement rather than claims court. This is to protect the reputation of the organization, its employees, and its financials. Companies that use mandatory arbitration clauses are typically franchises or well-known organizations that would be highly scrutinized by the public if lawsuits were to arise. What about sole proprietorships? You can sue someone that owns their own business if it is not an LLC, but a sole proprietorship. This is because the person and the business are the same from a legal standpoint in a sole proprietorship; whereas, an LLC is an entity of its own and is separate from the owner of the business. If you are unsure how to proceed with a legal settlement or lawsuit, an attorney can provide you with advice on how to sue someone in an organization. Keep in mind, a lot of effort, resources, time, and money go into suing a business. There is never a guarantee that the plaintiff will win the case, either, so it is important to weigh your options before going to court. If you have a minor injury, it may not be worth it to you to file a lawsuit against a company because of how much money it costs to hire an attorney and pay court fees. If you are uncertain about whether or not to pursue a lawsuit, always talk to an attorney about your options. To learn more about business law, here’s a look at the 4 Questions To Ask Before Hiring a Business Lawyer. "
How To Fire An Employee The Right Way,"Firing an employee is one of the most challenging aspects of business, regardless of the situation. As an employer, preparing to deliver the bad news can feel overwhelming, especially if you have developed a close relationship with the employee. However, there are plenty of ways to make the difficult conversation go more smoothly, as well as ways to preserve a mutual respect between the employer and employee. This guide on how to fire an employee will cover the basic reasons why to fire an employee, how to prepare for a termination meeting, and ways to tell someone they are being fired. While the individual being fired may be at fault for their termination, it is the employer’s responsibility to make sure the termination is handled properly. Firing someone almost always has a ripple effect on the company, so ensuring you know the right way to fire an employee is critical for the health of your organization. If you are reading this article, it is likely because you and your team are contemplating firing someone. What is holding you back? Is it guilt or uncertainty? If you are unsure a termination is the right decision, consider some of the common reasons employers choose to follow through with firing a team member, below. If you plan to fire an employee, your reasoning should be fair, ethical, and of course – legal. Common reasons to terminate an employee include: Employment and termination laws vary by state, but many jurisdictions practice something called at-will employment. This allows both employees and employers to terminate a contract at any time, for any reason. While that may sound intimidating, it does not necessarily increase the odds of an employee being terminated. Rather, it allows for employers and employees to move on from one another if it is not a good fit. If there is an At-Will clause in a contract, the employer is not required to provide a warning to the employee before terminating their contract, just as the employee is not required to give a notice before quitting. However, even though it may be legal to fire someone without a warning, it is not a recommended practice by any means, especially if you care about your business’ reputation and company culture. Prior to firing an employee, it is a good idea to first share with them that they are not meeting expectations for their role. Be prepared, be professional, and be clear with your words. Then, the employer and employee can come up with a roadmap to improve performance, which is often called a Progress Improvement Plan (PIP). A Progress Improvement Plan is a set of steps that should be taken following a conversation with an employee about their poor performance. The purpose of a PIP is to provide thorough, clear communication to the employee so they know exactly where they are falling short and how they can improve. This offers them a chance to work through any issues or roadblocks they may be experiencing before consequences become more severe. It is best to start with a warning, typically a verbal one followed by a written one. The PIP should then outline the steps to improve performance, as well as weekly, monthly, or quarterly check-ins to touch base on progress. Another preventative best practice is to have company policies in place regarding behavior and attendance. When an employee is first hired, have them read the handbook that outlines the policies and make them sign it to confirm they have read it, understand it, and intend to follow it. This way, if an employee breaks a written policy, you can refer back to it in the PIP or during termination. Some policies outlined in the handbook may include what happens if an employee racks up too many absences. Another may focus on behavioral problems like not completing work or showing up late. Keep in mind, if the company is certain an employee will not improve in their role, a PIP is not necessary. This may be the case from time to time if a business hires someone without the proper experience and qualifications and they do not have the bandwidth to help the employee improve. Under-performing employees are often hired when there is a desperate need for help, which causes companies to rush the hiring process and overlook certain red flags. Firing an employee who should have never had the job to begin with is difficult, and the employer should take some responsibility for misplacing them. Employment contracts can feel like a blessing and a curse. If there is not an at-will clause in a contract, there is typically a section that details the terms of employment, like the time frame the worker must stay in their role, whether it is six months or two years. This section will also discuss when and how a worker can be terminated, which is extremely important for employers to abide by. Many contracts state that if a team member breaks certain policies, they can be terminated prior to the contract’s end date. If a worker does not break the terms laid out in their contract, however, they cannot be let go before they have worked for the amount of time stated in the agreement. Doing so can lead to a wrongful termination lawsuit, which can be more costly and stressful than waiting for the contract to expire. If your team has decided to let go of an employee, you will need to prepare for and schedule a termination meeting. This meeting should take place in a private room where you work. If you work remotely, a closed-off room in a co-working space will do, and if there is no way of meeting in person, a video call should be the last resort. Regardless, the meeting needs to be face-to-face for the best possible outcome. Send a meeting invite in the same format you would typically do so, whether that is through an email or Google Calendar invite. Keep the meeting title simple, like “John and Mark Meet-Up.” It is a good idea to send the invite close to the time of the meeting so the worker does not get overly anxious about it first. So, who should be the person to deliver the news? Experts say a direct manager or supervisor – someone who has worked closely with the individual and knows them on a personal level – should be the one to notify them about the termination. Along with the manager, it is recommended to have a human resources representative, another trustworthy employee, or your business’ lawyer in the meeting with you and the employee. This person will act as a buffer, providing support and answering questions. And from a legal standpoint, they will serve as a witness in a lawsuit if the termination escalates after-the-fact. No one expects a former employee to file suit against them, but it can happen, so you need to protect yourself and your company, and having a witness is one of the best ways to do so. Once you have notified the employee that you want to have a meeting with them in your office or conference room, they will likely have an idea something is going on. There is no exact science to what you should say when terminating employees. In some cases, employers will want to encourage the employee by telling them what their strengths are. In others, you may simply explain to them the reason for the termination and end the conversation there. It all comes down to what your working relationship was like. Regardless, just be direct, professional, and honest. Tell them exactly what you want to discuss, whether it is their performance, a broken policy, or a behavior problem. Explain what the team member did, whether it has been over time or a one-time occurrence, and that the team has decided to let them go. When you tell them, give the employee a moment of time to absorb the news. The bottom line is, you should make sure you are prepared for anything when you go to fire an employee. The employee may take the news well and thank you for all the company has done for them if there is a mutual respect. However, not all employees will take kindly to the news. It is common for an employee to get emotional, whether that is sad, shocked, anxious, or angry. While the employee’s behaviors are their responsibility, it is important for employers to show a level of empathy and compassion toward the terminated employee. After the termination meeting, you will need to notify other employees about the termination, so they know how this change will impact them. Inevitably, some workers may feel a sense of loss or disappointment over the termination. Some employees will wonder am I next? or how will this impact my workload? Both are fair questions and should be addressed head on before any rumors get started. Be direct with your team about the expectations you have for them on how they handle their team mate leaving. Maybe you encourage them not to speak poorly of the person or spend working hours discussing it. Or maybe it is best for your culture to have an open-ended conversation about it. Whatever the case may be, it is always best to be open and honest about how you’d like it to be handled. Also note that if you are not planning to fire anyone else, tell your employees. If you need team members to temporarily takeover the responsibilities of the terminated employee, clearly communicate your expectations. Answer questions openly and honestly to prevent unnecessary drama and ease their minds. It can be difficult to navigate work life immediately following a firing, but things will go back to business as usual fairly quickly. To learn more about employment and labor law, check out our guide to How To Sue For Wrongful Termination. "
How To Find Out If Someone Is Married,"Knowing how to find out if someone is married can save time, money, and heartache. This information is crucial for single people who are dating but can also be useful for things like locating people, filing personal lawsuits, or collecting on a debt. Whatever the reason why this information is needed, there are several different methods that can be employed. To anyone suspecting that a person is not being forthright about their marital status, it seems a straightforward solution to simply check with a local agency to find out if a marriage license exists. This solution isn’t always cut and dry, though. For example, what if the person was married in another state? How does one obtain information if the person was married in another country? Also, in some jurisdictions, a person must know both spouse’s names in order to access a record of marriage.  Complicating matters even further, states like California and Michigan allow marriage records to be shielded from the public through what’s known as “confidential” or “secret” marriages. This means that, without a judge’s intervention, a couple’s marriage license and certificate will not even appear to exist. Short of obtaining a court order, no amount of research or investigation can help with discovering these types of marriages. For filings that aren’t top-secret, here’s how to find out if someone is married: Perhaps the easiest way to find out if someone is married is to hire an investigator who specializes in this type of research. Often, an experienced professional will have access to methods and databases that the average person may not. While there is no guarantee that this method will uncover the full truth, a well-trained and qualified expert will likely perform the best and most thorough investigation to try to find out if someone is married. A lot of information is available through public records and many of these records are accessible online. While a fee may be required, it is possible to find what you’re looking for through a good old-fashioned Internet search. Even if an official marriage record can’t be found, it may be possible to find useful clues like: There is a myriad of ways to find information on a person through online searches. While the Internet isn’t a surefire method of finding out if someone is married, it is a good place to begin researching. Even if a clear cut answer isn’t discovered, it is likely that some of the information found online, such as a possible spouse’s full name, can be useful to a more in-depth search. Depending on the jurisdiction and dates of marriage, some information may not be accessed digitally. In such cases, a trip to a local court or clerk’s office may be required. This method only helps, however, when the county where a person was married is known and all of the information that the office requires is available in order to perform a full marriage search. Word of mouth can be a good way to learn about someone’s personal life. A person’s co-workers, friends, family members, and others may inadvertently give information about their marital status. If you happen to socialize with anyone close to your subject, listen for clues indicating the presence of a spouse and ask questions as they may naturally arise.  People will often tell partial truths. For example, a person in a dating relationship may admit to being previously married. What some may purposely omit, however, is that they were never granted a divorce decree. Reasons for this may vary, but one reason that cannot be ignored is that they are still very much involved in a marital relationship with their spouse. Some who are anxious to start a new relationship may admit to being married, but will say they are separated or very close to finalizing a divorce. There are women and men who are satisfied with this explanation and who will proceed with a relationship despite the loose ends involved. For others, actual proof is needed. In these cases, it is a good idea to outright ask to see the paperwork. Though this method is no guarantee that a person will actually become single, it is one way of determining if a separation is actually legal or if a divorce has actually been filed.  Be aware that this method may lead to more questions, however. For example, has the other spouse been informed of a divorce filing? Though rare, there have been cases where people file a divorce petition and even complete the entire legal process without their spouse even knowing a divorce decree has been granted. Such involves forgery and a lot of lies, but it happens.  Many prefer to simply take a dating partner’s word about their marital status. Such is a fair choice where an open and honest conversation may be all it takes to determine whether or not someone is married. Others, however, may choose to dig a little deeper to find satisfactory evidence. This approach is also understandable since not everyone’s word can be trusted. Moral standards and values aside, there are a number of reasons one may want to be absolutely certain about a person’s marital status. A few reasons include: Avoiding immigration fraud – It is not uncommon for a foreign-born person to marry a native-born person in an effort to gain citizenship. Unfortunately, some native citizens have discovered their new spouse is already married to someone else in her or his home country. When this happens, the native-born person may be asked to prove that they didn’t know about the previous marriage. If unable to do so, legal punishments relating to bigamy, including fines and jail time, may ensue. Avoiding financial ruin – Some scammers specialize in marrying for profit. Many will temporarily settle in various locations for the sole purpose of finding a new victim to marry, gain access to credit and banking accounts, and proceed to take financial advantage of a person before moving on to another victim.  Not conceiving a child with an untrustworthy person – Mistakenly dating someone else’s spouse can potentially doom a new relationship. Starting a family with an already married person can also create a host of even more complicated feelings and situations. This is precisely what happened to Mischele Lewis of New Jersey who married a man already married to someone else. Her “husband”, William Allen Jordan, had several aliases and had already served time for bigamy and other crimes in the past. Ms. Lewis, of course, knew nothing of his previous lives, including as many as 13 children by six other women who’d been duped by him. Upon learning she’d been taken in by a con man, Lewis was already pregnant herself.  If you suspect a person isn’t being one-hundred percent honest with you, you’re probably right. Paying attention to your suspicions may be the best source of protection you have against being bamboozled by a cheater. If things a person says or does makes you distrust them, you owe it to yourself to trust yourself! In doing so, you may want to hold off becoming too deeply involved with this person. At the very least, it’s a good idea to keep your credit and finances separate, maintain a separate residence from them, not agree to become engaged or married, and not agree to start a family with this person until you’ve waged a full and thorough investigation. Since there is no one to find out if someone is married, it is likely that several of these methods will have to be employed before the truth can be determined. Through investigation, common sense, and paying close attention to details, there is a good chance that an ordinary person can figure out if someone is married. For those dating a person they thought was single, discovering a lie may be hard to bear, but doing so is important for legal protection, as well as for one’s own financial and emotional well-being. For more information on how to find out if someone is married, background checks, and other useful legal articles, please visit our archives. "
How To Find Out Who Owns A Property,"There are many reasons someone may be curious about who owns a property. Maybe you have spotted a home that you would love to purchase, so you want to reach out to the current owner to see if they are open to selling it. Or, maybe you are looking to open a business and need a space to rent; you’ll need to know who the property owner is in order to share your interest in opening up a shop in their building. In other situations, there is no building being scouted – finding the property owner is all about the land. A city representative may be interested in building a commercial facility in a rural area, or a developer may have their sights set on an up-and-coming area. In either case, finding the owner of the property is necessary. In this article, we will discuss how to find out who owns a property in a residential area, as well as how to find a commercial property owner. Regardless of why you are searching, finding a property owner has never been easier. There are resources online that house public records and databases with all of the information you are looking for. From tax records to your county’s Assessor’s Office and the Registry of Deeds, you will have no problem hunting down the name of the person who owns the property you are interested in. The following section will focus primarily on how to find out who owns a residential property with the help of online records. There is a County Assessor in every county who is in charge of determining the market value of the properties in their jurisdiction. The County Assessor’s Office typically has a website feature that allows anyone to search for tax records and property information, as long as you have the address of the property. Typically, you will want to look for the Property Record Card Search if you have a property address or parcel number. You can also use the Public Access Tax Information research feature for the property if you have a: If you are unable to find these features, simply type your county + “Assessor’s Office property search” into your search engine. Keep in mind, the County Assessor is also called the County’s Property Appraiser in some areas. Searching the Registry of Deeds is a similar process to looking up tax records to find a property owner on the Assessor’s Office website. Simply look for the feature that says “property search” and enter the address of the property. The latest deed will tell you who owns the house now, and who owned it prior to the current owner. In addition to searching public records from the Assessor’s Office and Registry of Deeds, there are multiple online databases you can use to find out who owns a property. Simply do a Google search with “property owner records.” Some of these resources include Reonomy, NETR Online, and Property Shark. All you need is the address of the property, and you can usually find out basic information about the current owner. Keep in mind, some of these websites may charge a fee to search through their database. If you are unable to find out who owns a property with the resources mentioned above, there are a few more old-school methods you can try. If you know the address of the property, you can always send them a letter or postcard in the mail. It is best to address the letter to them, rather than slipping it in their mailbox to ensure it lands in the right hands and is taken seriously. Simply introduce yourself and explain to the property owner why you are interested in knowing more about the building or plot of land. Leave your contact information (email and phone number) so they have a way of replying if they are interested in keeping the conversation going. Another way to find out who owns a property is by asking neighbors. This typically works best if you already know someone who lives by and would likely have a connection with the property owner. You can keep the conversation casual at first, but be sure to ask the neighbor to formally introduce you. If you are still not able to find the property owner with the aforementioned resources, you might consider hiring a private investigator (PI) if obtaining answers is extremely important to you. Private investigators often have an expensive hourly rate, so this method is much more expensive than doing a simple online search. However, you will be able to find out much more information with the assistance of a PI. What is PUBLIC PROPERTY? If you are looking to find out who owns a property, the first step is to obtain the address. However, there are situations where finding an address is not possible. In this case, you should use something called a parcel number to find the property owner. Both an address and a parcel number are kept on file by the Assessor’s Office for all properties. These identifiers are used to look up information about a property like property lines, property tax, and deeds. So, how do you find a property’s parcel number? The Assessor’s Office has Parcel Maps that map out every lot in a city or township. You can usually view these maps online on the Assessor’s Office website. If you know the specific neighborhood or road the property is on, you should be able to find it on the map. Parcel numbers can be formatted differently in different jurisdictions, so be sure to ask the Assessor’s Office how to read the parcel map if you are confused. The most common reason people will look for a property owner is to find out more information about a residential space or lot. However, there are reasons you might want to search for the owner of a commercial property, too. For instance, commercial real estate agents are always on the lookout for commercial properties to show their clients. They need to have a constant stream of available spaces that are ready to be leased or bought out. So, if there’s a property the realtor is interested in showing a client but it isn’t on the market, they may have to do some digging to see if the property owner is willing to sell or rent their space. Once you discover who owns a building or space, be sure to keep track of property owners in a database for future reference. Business owners may also want to find property owners if they are looking for a home for their business. Or, maybe they are curious about the cost to rent or buy in a certain area and want to chat with a nearby property owner to get a better idea of the price. Whatever the reason is for finding a property owner, you can do so by following the same steps mentioned above. Reach out to the Assessor’s Office, look through an online database, or simply visit send a message to the business if they are still open. To learn more about property law, check out How To Locate My Property Lines. "
How To Find Out If Someone Died,"Knowing how to find out if someone died may come in handy someday. Certainly, asking a person’s closest relatives is the most tried and true method. Doing so can also be one of the most awkward ways of discovering the truth. There are other ways to find out if someone died which may be preferred by those who don’t want to outright ask others. Some of these ways include online research, checking government records, searching genealogy databases, and scouring newspapers in the person’s hometown. In some cases, a combination of these methods may be used to find out if someone died. Before trying to determine whether or not someone has died, a little background information will be necessary. This includes: The person’s full name – This should include any aliases a person may have used, as well as their name given at birth and any names acquired through marriage. Knowing the exact spelling of the person’s name is helpful, but be prepared to research alternate spellings, too. This would include nicknames and shortened names a person may have commonly used. Finding out the person’s full legal name may also be of assistance as many people who have middle names may also use them in place of a first name. For example, Jane Monique Doe may be known to some simply as Monique Doe. The person’s date of birth – Cross-referencing a person’s name with their exact date of birth may be necessary to determine whether or not information on the right person has been discovered. While several people may have the same name, the chances of more than one person also having the same date of birth is less common and may tremendously narrow search results. This is particularly important if multiple people in the same family have the same name. The person’s last known location – A general sense of the last state, city or town the person lived in will help in knowing where to search for information. If the person was known to move around a lot for work or other reasons, it may be difficult to know exactly where their most recent location was. Having this information, however, is important for anyone looking for the most accurate results. How to Transfer a Car Title When The Owner Is Deceased Flat out asking a person’s family members and others close to a person is the most direct, surefire way of finding out if someone died. A word of caution with this approach, however, is that it may stir up sad or other negative emotions. Using this approach requires a certain amount of tact and sensitivity. It also requires taking an assessment of one’s own relationship to the person who is possibly deceased. For example, if the person asking is a former friend, the question as to whether or not a person is still alive may be met with compassion if they are not. Conversely, if the person was not on good terms with a person who is now deceased, a range of other emotions may be triggered by questions about whether or not a person has died. Without directly asking a person’s loved ones, there are other ways to find out if someone died. Some of these methods include: A vital records search – Armed with information about a person’s last known residence, it is possible to check with local governing agencies to determine whether a death certificate has been filed for a person. Typically, records like this are kept at a local courthouse or clerk’s office. In some areas, this information may be accessible to the public online for a fee. Searching genealogical records – Increasingly more people are interested in learning about their forebears. This information is often achieved through genealogical research, much of which is published digitally through membership websites dedicated to family research. In some cities, public library cardholders can access this information at local libraries. For people who worked in the United States, the Social Security Death Index may have a record of their demise. Other corporate-owned and operated databases may also be useful. However the information is accessed, many people have found birth and death information by using this valuable method. Visit Relevant Websites – Knowing where a person worked, where they attended school, what charitable organizations they were affiliated with, or even which church they attended can be quite useful when trying to find out if someone died. Often, these organizations will publish information about a person’s passing directly on their website or in a newsletter distributed to other members. When using this method, including websites that may be relevant to people close to them. For example, an association close to the parent or a spouse of the person being investigated may also publish condolences. Reading social media posts – Friends and family members often post information about a loved one’s death on social media sites. Sometimes, knowing the name of just a single friend or family member may be all that is needed to connect to a larger network of people who know the person being investigated. Searching for an obituary – Websites like Legacy.com specialize in publishing obituaries online. By inputting a person’s full name while searching by state and city, it may be possible to find out if someone died.  Searching For a Burial Site – In addition to being able to search for obituaries online, people can also search for where a person’s body is buried. A search like this isn’t the greatest for uncovering information about a person recently deceased, as most entries are user-submitted and may take some time to make their way to a particular database. For those who may have passed away many months or years prior to a search, however, this type of search may prove to be invaluable. Checking local newspapers – Obituaries are not only published online. Many are still published in local newspapers. Death notices are also routinely published in local press outlets, as are funeral announcements. When using this research method, do note that online and print editions may differ, so it is always a good idea to check both mediums.  Most people prefer to do their own sleuthing to find out if someone died. For others, time may be of the essence or other matters may be too pressing to rely on the methods already discussed. In these cases, it may be a good idea to hire a special investigator. Often, professionals have access to people and databases the general public simply does not. While there is a higher cost associated with hiring someone to perform this task, many professional investigators don’t need more than a couple of days –or even a couple of hours –to uncover the information being sought.    A location-based search is a little different if it is suspected a person died in another country. For one, depending on the country, that information may not be available to the public, it may not be available online, or even easily researched in-person. If the person believed to be deceased was a citizen of the United States, there is a possibility that information may be available through the National Archives. If the person was an active member of the United States military, that information may not be available through the National Archives. Instead, people inquiring about active military deaths may want to check with the U.S. Department of Defense.  In a quest to find out if someone died, many tools are available and the final answer may rely on combining more than one of them. Most of the ideas presented in this article will only give general information and are unlikely to reveal details on how a person died (if it is the case that they’ve already passed on). Some, such as church and newspaper announcements, however, may supply information about a person’s exact cause of death. By using every available resource, it is possible to find out if someone died. Patience, a keen eye for detail, and time are most necessary in any investigative process and the same is true in determining whether a person is alive or not. For more information on how to find out if someone died, or on how to locate a missing person, as well as other related topics, please visit our article archives. Where life was once simple, it is now complex.  It is an unfortunate condition of our world in that some people will take every advantage, legal and illegal, to make their lives easier and better at the cost of destroying or using someone else’s life to do so.  It has become an everyday, common situation where everyone must take extraordinary steps to keep one’s self, family, and work safe.  People will use a dead person’s social security number to gain government benefits or more if possible.  Each individual needs to be aware of the threat and at times take necessary precautions or legal actions.  One of the ways to do this is to check if a social security number used is real or a dead person’s number.  Apparently the Social Security Administration does not or cannot correlate the fact that a dead person’s number is being used, even if the number is queried. Searching for a death record in the Social Security Administration database (SSDMF) is not free.  Most queries are by entities that want to insure that a social security number being used is not being used fraudulently, belonging to a person who has deceased.  As of October 15, 2012, the prices, or subscriptions for queries are as follows: 1 query            $10      $10 per query 5 queries          $40      $8 per query 25 queries        $150    $6 per query 50 queries        $200    $4 per query 100 queries      $300    $3 per query While there are other databases available online that one can search and possibly pay less, the Social Security Administration (SSA) only endorses its own database as being correct and up to date. As with any search the more information one has to provide, the better and more precise will the search be.  Social security number with full name including middle initial, full address, even residential phone number will all help in finding and confirming the stored information.  As with any search of this type, confirm as much of the returned info against others sources, hopefully not sources that are online.  One example would be if the user of the number were of one race and the info from the database returns the fact that the stated ethnic background of the filer was of a definite other race, it would potentially lead to other concerns and additional questions. One drawback of this “Death Master” file is that it can only tell an inquirer that a person with a specific social security number is listed as dead in this master file.  If there is no record of the person sought it is not a specific indication that the person being sought is actually alive.  At that point some correlation of information from a number of different databases would be necessary to try and draw a definitive conclusion.  If one person is using another’s identity and does not use credit cards or bank accounts or use one’s social security number, it is almost impossible to track such a person in this day and age of electronics.  Information is only as good as the data available. "
What Does Disposed Mean In A Court Case?,"When a case has been disposed, this means it has been closed. Specific reasons for a case being closed can include dismissal, conviction, admission of guilt, among other reasons. Once a case is officially over, it is removed from the court’s docket. This simply means there are no further dates for that matter scheduled on the court’s calendar. As a legal term, disposed cases can include any type of case ranging from small claims to more felony charges. While any party involved in a case may ask for it to be disposed, only a magistrate can decide if it will be and when. Parties to a case will be made aware through court documents and legal counselors as to whether a case has been disposed and why. This information is also easy to obtain by visiting a clerk’s office and reviewing the files relating to the case. There are a number of reasons why a court proceeding can be disposed, such as: When a court case is dismissed with prejudice it will not be reopened or retried. This means that a judge has decided, based on the merits of a case, it will not be examined by the court any further or ever again. Cases dismissed without prejudice may be reopened or new charges may be filed on the same grounds. It is common for cases to be disposed due to a lack of evidence, but a dismissal without prejudice means a judge provides an opportunity for the reexamination of a case in the event stronger evidence can be presented in the future. How much time is allowed for a case to be reopened may vary. It is best to consult an attorney if more specific information is needed. Cases may be reopened for other reasons, such as a party not paying as ordered in a prior ruling. Once a court has awarded a judgment in a case, it is disposed. No further court hearings are needed unless the losing party appeals the judgment. If the case is not appealed, all parties are expected to abide by the judgment in place. Should a party decide not to pay the judgment within the allotted time, the case may be reopened to bring it to the judge’s attention. Cases in which all parties are abiding by the judgment in place do not appear on the court’s docket again. Court cases are sometimes disposed due to a defendant pleading guilty. When this happens, there is no need to explore further evidence or hear additional testimony. Depending upon the type of case, a punishment will typically be in the form of financial compensation ordered to be paid to an injured party (known as a judgment.) There may be other fines, jail time, or probation. Cases disposed due to guilty pleas are subsequently removed from a court’s docket and no further hearings will be scheduled. A guilty verdict is handed down by a judge or a jury after evidence and testimony have been weighed during a trial. In both cases, evidence has been presented and all parties have been allowed the opportunity to give their version of events. Once a guilty verdict is reached, sentencing takes place and a case is disposed. After the evidence of a case has been weighed, a judge or a jury has decided a defendant is not guilty of the charges brought against them. Once this verdict is entered into the record, the case is disposed, and no further proceedings will take place. Other possible reasons for a case being disposed may include: A case that have been disposed will no longer be heard by a magistrate in the court where the case was originally filed. This does not necessarily mean that the case cannot be reopened, especially if new evidence is ever discovered. When cases have been dismissed due to lack of jurisdiction, it is common for new cases to be filed in another court. Much depends on how a case was disposed and the exact reasons why. The Fifth Amendment of the United States Constitution, however, ensures that a person cannot be tried twice for the same offense. So, when a case has been disposed after a trial has taken place and a verdict rendered, the exact same case cannot be reopened, or the same charges filed a second time. After a case has been disposed, a record of its proceedings still exists. In criminal cases, a defendant who was found guilty will always have a criminal record even after being sentenced and serving jail time. This fact can make it difficult for convicted felons to find suitable employment or an affordable place to live. Some may attempt to have a criminal record expunged or sealed after a case has been disposed. In some disposed cases, it may even be possible to have a felony conviction reduced to a misdemeanor. People convicted of a felony might be able to have their cases dismissed even after they’ve been disposed. This process is called expungement. Doing so typically requires an attorney’s assistance and can take time to accomplish, but it is possible. If an expungement is granted, a former felon generally does not have to disclose their conviction to the public, including most potential employers or landlords. In cases when a record cannot be expunged, some may be successful in having their conviction sealed. When this happens, it means that information about the crime and conviction is not accessible to the general public. Those who can’t get a record expunged or sealed can might be able to have a felony reduced to a misdemeanor. The ability to do so depends on the crime a person has been convicted of and the jurisdiction where the case against them was decided. This only happens with crimes known as ‘wobblers.’ Wobblers means they could have been charged with a misdemeanor or felony, but ultimately got charged with a felony. In general, “disposed” can be summed up as “case closed.” Whether the matter will be revisited depends largely on how it was closed and why. One can never assume that the disposition of a case means it is over for good – legal battles are not always so cut and dry. Through the appeals process, the introduction of new evidence, a party not cooperating with a judgment, or by possibly reopening a case in another court, it is entirely possible for disposed cases to require legal attention in the future. Gaining an understanding of legal parlance is critical when involved in a personal case. Reading detailed definitions of legal jargon, key terms, and concepts is an important first step. Should you need more information on why cases may be disposed, please check out our article archives. There you will find more detailed information on a variety of topics that may apply to you. If you need even more information or have specific questions about a legal case you are involved in, please consult with your legal counsel or speak to a qualified attorney in your area. "
Squatter’s Rights & Adverse Possession: What You Need To Know,"“Squatter’s rights” is a term used to describe the rights of people who have taken physical possession of a property they do not own. These same people, known as squatters, do not have the express permission of the property’s owner(s), but may still be awarded benefits under the law. Individuals who squat on property that is not theirs may eventually be allowed to make a legal claim on that property. Squatter’s rights covers a variety of different scenarios. Precise legal benefits and claims will differ according to the state where a property is located.   To settle on land without an owner’s permission has been known as squatting since the 1700s. Since the 1800s, it has been used to describe otherwise homeless people who squat in vacant structures. In many instances, squatting has become a way of acquiring legal title to land and buildings long considered to be abandoned. Today, the legal term for taking ownership by squatting is known as “adverse possession.”   At first glance, squatting on someone else’s real estate in an attempting to gain ownership sounds like outright theft or, at the very least, criminal trespassing. Courts, however, take this matter seriously and deem it to be perfectly legal under certain circumstances. Whenever a squatter makes a claim on a building or land, the courts will look for several identifying markers before determining if a claim is legitimate. A mnemonic useful in remembering these markers is CHOATE as each letter describes a way courts may determine a squatter’s rights to the real estate in question: It is worth noting that states have different timelines for a squatter seeking adverse possession. For example, in California a person must have continuously possessed a property and paid taxes on it for a period of five years before a claim to the property can be made. In Idaho, the considerable time frame is 20 years and taxes must also have been paid within that time. Courts do not always require one person to continuously possess a property either. In some instances, people may take turns possessing the property as long as they agree with one another that only one person will make the claim when the time to do so is allowed. This process is called tacking and courts generally recognize it as legal. When a court finds all these markers to be in place a deed to the property may be granted via adverse possession.   Yes, a property owner can protect against squatters in a number of ways. These include: The owners of unused property should secure that property against possible squatters. This is particularly sound advice for those who do not live in the same state as their property and who don’t have a relationship with people who may notify them of a possible squatter. Websites, articles, and forums that teach squatting explain that laws relating to adverse possession abound. It behooves property owners everywhere to be aware of this and secure unoccupied properties just in case.   Not all cases of squatter’s rights involve people trying to take control of an entire property. Oftentimes courts will have to sort disagreements over property lines which are not clear to the naked eye. Some may not realize that a neighbor’s driveway, fencing, or other structure has crossed property lines – though neighbors who have known one another for years may not care. Problems arise when a new owner purchases a properties and realizes that their neighbor has crossed a boundary and is possessing a portion of their property. Sometimes this will result in the tearing down of structures found to be encroaching on another’s property. In many cases, however, property lines are redrawn to reflect a new understanding of land boundaries between both owners.   Not all squatters are scam artists, but most are. Some simply see an opportunity in abandoned homes and, in many instances, take care of properties that would otherwise deteriorate and become eyesores. However, property owners should be aware of a common scam used by squatters who are not necessarily focused on taking ownership of a property. But they take up residence in vacant homes just the same. By doing so, owners are forced to legally evict these surprise tenants – a process that can take months. Basically, the scam starts with a person breaking into a vacant home, changing the existing door locks and then advertising the home for rent. Upon finding a renter, a scam artist drafts a phony rental agreement and gives the new tenant keys to a home they are now free to move into. Once the owner discovers a tenant on the premises, a legal eviction must take place before the tenant can be lawfully removed from the dwelling. Often, the scam artist and the tenant are in cahoots with one another, but this isn’t always the case. Opportunistic scammers will prey on innocent renters and take large sums of money from them in exchange for keys to a home they technically don’t have the legal right to rent. After doling cash out for a new rental – and the expenses associated with moving – scammed tenants may suffer considerable financial hardship after being evicted and forced to move again.   Should you want to read more about squatter’s rights or adverse possession, please visit our article archives. Contact a qualified attorney experienced squatter’s rights and similar civil cases if you have specific questions about squatting or about acquiring property through adverse possession. To find an affordable attorney in your area, you are welcome to use our directory of low-cost legal services now. Should you want to read more about squatter’s rights or adverse possession, please visit our article archives. Contact a qualified attorney experienced squatter’s rights and similar civil cases if you have specific questions about squatting or about acquiring property through adverse possession. To find an affordable attorney in your area, you are welcome to use our directory of low-cost legal services now. "
"The Difference Between Sexual Battery, Sexual Assault, & Rape","Sexual battery is non-consensual (IE: unwanted) contact with intimate parts of another person’s body. “Intimate parts” is a term that can mean a person’s genitals, anus, buttocks, or groin. If the person is a woman, the term can also include breasts. Sexual battery is always a crime. Depending upon the circumstances of a case, this crime is either a misdemeanor or a felony and may be punishable by jail time, a monetary fine, probation, or all the above. Laws pertaining to sexual crimes vary based on the state they were committed in. While the basic definition is the same, penalties and punishments differ. A victim’s age and the type of unwanted sexual contact may also have a bearing on a perpetrator’s sentencing if guilty verdict is rendered. Due to the nature of sexual crimes, additional charges like sexual assault and rape may be added to sexual battery. Each of these, by definition, can occur within the same incident – and often do. The similarities in these charges may cause some to become confused as to what the differences are. Some people may not even be aware that there is a difference between these crimes. It bears repeating here that state laws differ, but the following is a basic explanation of these three sexually-related crimes:   A sexual battery victim may have been fully clothed or naked at the time of the incident. What they were wearing – or not wearing – has no bearing on if a crime took place. Anytime a person is touched on an intimate body part in a sexual way, and the touching is not wanted, this is considered by law to be sexual battery. In some states, restraining a victim may also be included in the description of sexual battery.   Sexual assault can describe any number of sexual crimes ranging from unwanted groping to rape. Used as an umbrella term for these incidents, sexual assault is often used interchangeably with sexual battery. The two differ primarily in that sexual battery is a more specific charge.   Forcible rape is defined by the Uniform Crime Report as “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”   Historically, sexually-related charges were difficult to successfully prosecute in court due to antiquated and misinformed definitions. For example, prior to 2012, many courts took the position that only women could be raped. Some courts also operated under the opinion that forcible oral penetration or forcible penetration with a physical object did not constitute rape. In recent decades, many states have also abandoned the idea of “marital exemption” and have adopted, instead, the position that a spouse may also be accused and found guilty of the sexual assault or rape of their partner. Prior to 2012, many limited ideas about rape hadn’t been legally adjusted since 1927. Today, a lot more is understood about the nature of rape, sexual battery, and sexual assault.   Sexual battery, sexual assault, and rape can happen to anyone regardless of age or gender. With consent being a determining factor in most cases of adult victims, even sex workers may be victimized by these crimes if consent is not present. People of any age or gender may also be accused of such crimes. Children as young as six years old have been accused of sexual assault and, while most think of a perpetrator as being male, it should be noted that scores of women have also been accused of sexual crimes. In California, it is estimated that as many as one-third of all sexual assault victims are male.   Often, the touching involved in a sexual battery incident is done in a sexual way. This simply means the accused touched a person in a way that aroused the perpetrator or that the touching took place as the perpetrator was seeking some sort of sexual gratification from the act. Sometimes this may even include violent and other forms of sexual abuse, which may have been initiated by a perpetrator solely for that person’s arousal or search for sexual gratification.   It should be noted that consent always matters when it comes to accusations of sexual battery. The mere act of touching another person’s intimate areas is not a crime unless the person being touched does not want it to take place. Even if the person does not seem to resist the touching or does not verbalize the fact they do not want to be touched, express consent has not been given and the touching may still legally qualify as sexual battery. A person drunk from consuming alcohol or high on some substance cannot, by law, consent to a sexual act. Also, people who are permanently or even temporarily incapacitated cannot consent to any form of sexual contact.   Children can never consent to sexual contact of any sort, even if that contact is initiated by another child. Courts throughout the United States will not even question whether consent was obtained in cases involving children under a certain age. The exact age of consent varies by state, but it always pertains to teenagers. However, matters of consent for minors is only taken into consideration in statutory rape cases and when seeking to apply some form of a Romeo and Juliet law after a person has been charged.   In Florida, incidents that would be described elsewhere as rape or sexual assault are charged as sexual battery. Persons found guilty of sexual battery can receive a penalty of up to 30 years to life in prison. If the victim was a child under the age of 12 and the perpetrator was over the age of 18, this can lead to a capital sexual battery conviction and may be punishable by death. In California, felony sexual battery can lead to a conviction of up to 4 years in prison and a maximum fine of $10,000. As these two states make clear, there is no single punishment for sexual battery which is applied nationwide. Just as with most laws, states decide how to classify, prosecute, and punish sexually-related crimes.   Some sexual battery crimes are not a felony. For example, in California, depending on the circumstances involved, an incident of sexual battery may only qualify as a misdemeanor. A person convicted of such a crime in that state may still face a punishment of several months in jail, as well as a fine up to the amount of $2,000. To find out if sexual battery is a felony in a state, please contact an attorney or your local courts.   With good legal representation, it is possible to avoid a sexual battery conviction. Some of the more successful defenses require proof of: It is not uncommon for someone truly innocent of sexual battery to have charges dropped or reduced depending upon the circumstances of an individual case.   Laws concerning statutes of limitations may vary according to jurisdiction. In some states, the statute of limitations may be up to 10 years. In others, like California, a statute of limitations may not exist for sexually-related crimes occurring after January 1, 2017.   Sexual battery, sexual assault, and rape are serious, yet largely under-reported crimes. Anyone victimized by such a crime is advised to immediately make local law enforcement aware of the incident and take proper legal action to identify and charge the person responsible. People who have been accused of sexual battery should also immediately seek legal counsel from a reputable attorney experienced in defending individuals charged with sexual crimes. For more information on sexual battery and other sex crimes, please visit our article archives. "
What Is the Difference Between an Indictment and a Charge?,"An indictment is an early step in the process of charging someone for a crime. It does not mean the person is guilty, simply that the prosecutor thinks they are. To more clearly understand what an indictment is, it is necessary to also understand what a grand jury is and how the criminal process charge works. A grand jury is 16 to 23 impartial citizens that are selected to independently review the criminal incidents. Grand juries meet in private to investigate and conclude if formal charges should be filed against a person. If they believe that a criminal prosecution should ensue, an indictment is then issued. For an indictment to be issued, a prosecutor must convince at least 12 members of a grand jury that formal charges are warranted. It should be noted that during this review, the accused and their counsel are not generally present. Grand jury members are not required to examine anything other than what the prosecutor presents to them. Instead, members conduct their own investigations using their own methods without outside interference or court supervision. Grand juries should be viewed entirely separate from any governmental agency. An indictment and a charge are both steps used to move a criminal case toward a trial. The main difference is grand juries file indictments and prosecutors file charges. During a grand jury’s investigation, a prosecutor must persuade members of the jury that a crime has been committed before they can agree that formal charges should be filed. Once a person has been officially charged with a crime, it is at that point that a public trial may then be held. While an accused person can be present during a grand jury’s meeting, most take place in a private setting with only the prosecutor, members of the grand jury, any witnesses the prosecution wants to present to the grand jury, and official personnel needed for record-keeping and security. In contrast, a person who has been formally charged must be present in court during the trial along with defense counsel, a prosecutor, a judge, witnesses, a jury of peers, a stenographer, and others needed to ensure a fair trial in most cases. Generally speaking, an indictment, also known as a “true bill” may be viewed as a formal accusation undergoing an official investigation before moving forward with charges. An indictment may or may not result in court charges. A charge, on the other hand, means that grand jury members have decided formal prosecution should take place.   With few exceptions, anyone can be indicted by a grand jury. Though not all states require an indictment for a person to be charged with a crime. Of those that do, indictments are reserved for felonies. The Fifth Amendment to the United States Constitution states that crimes punishable by death or long imprisonment require an indictment before a charge is filed. The United States Supreme Court, however, has interpreted that clause to be applicable only to federal crimes and that states do not have to adhere unless they choose to. Laws concerning indictments apply exclusively to civilians in the United States. Members of the armed forces can be tried by court-martial without an indictment and without being tried by a jury of their peers. While most states don’t require an indictment before charging a person of a crime, federal crimes may be handled differently. For federal indictments, an Assistant United States Attorney (AUSA) will review the merits of a case and question federal investigators to determine whether charges should be filed. When evidence is lacking and further investigation cannot help the AUSA make an informed decision, a grand jury may be relied upon. Federal indictments only pertain to felony-level crimes, federal misdemeanors do not require an indictment before charges can be filed. Grand jury proceedings are shielded from the public. Individual members are not allowed to share any information with anyone who is not on a grand jury. Attorneys, witnesses, and all others are also asked to leave the room as jurors are deliberating in order to protect the privacy of the grand jury’s deliberations. Proceedings can take anywhere from a month to a year and operate mostly in secrecy. Often, it is only after an indictment has been made that the accused knows they have been indicted and are facing criminal charges. If an indictment has been issued, the accused usually finds out upon being arrested after court charges have been filed and a warrant issued. Others seeking information about a true bill can find out by:   Everything that happens during a grand jury’s proceedings is kept in secrecy. An actual indictment, however, may or may not be sealed or kept away from the public. Often, when an indictment is sealed, it is done so for a predetermined time. Reasons, why an indictment may be sealed, include: If an indictment has been sealed, no information hinting as to its existence will be shared with the accused, attorneys, or the general public. An indictment does not mean a person is going to jail. It simply means that the prosecution may proceed with filing criminal charges. At that point, a court trial will be scheduled to begin and the process of trying the case before a judge and jury will commence. With or without an indictment, a person is always innocent until proven guilty in a court of law. An indictment can be dismissed, but it is very rare that a prosecutor will do so after a grand jury has issued one. Typically, indicted parties must still appear in court to face the criminal charges before the charges are dismissed. More common are grand jury dismissals, which can take place at any point in the proceedings before an indictment is issued. When a grand jury enters a dismissal instead of an indictment, this is called a “no-bill.” Grand jury dismissals can happen for any number of reasons, including: Understanding the indictment process can help a person better understand how the criminal justice system operates, in general. Our article archives may be able to help answer any further questions about this process, as well as clarify some of the legal terms commonly encountered when exploring this topic. Anyone who believes they may be indicted for a crime or who has already been indicted should contact a qualified attorney right away. While a court-appointed attorney will be provided to those who cannot afford counsel, this only happens after a person has been formally charged with a crime. We offer a state-by-state list of low-cost legal service providers on our site who may be able to answer questions and provide guidance before an indictment happens. "
Difference Between Capital Murder and First Degree Murder,"First degree murder and capital murder are commonly confused, most likely because they’re so similar. The main difference between first degree and capital is the punishment that someone who’s committed these crimes receives. A person is charged with first degree murder if it’s suspected they took time to think about killing another person before killing them. This premeditation differs from other murder charges where a person may have killed someone by accident or in a rage. In either case, planning was not a factor. Individuals convicted of first degree receive multiple years in prison — some get life sentences — often without the possibility of parole. There are times when a defendant may not plan to kill but receive a first degree charge. This charge can happen when someone dies as a result of a felony. Typical examples include carjackings, bank robberies, and arson. Known as the “felony murder rule,” accomplices may be charged with first degree in any of the states where this rule applies. Felony murder is considered a first degree murder (and sometimes a capital murder.) One example is Ryan Holle. Even though Holle was not at the scene of the crime — or awake when it happened — Holle is serving 25 years in prison. On the night of the crime, Holle handed his car keys to a group of friends who were going to rob a house, knowing why they were going to use his car. Unfortunately, a young woman died during the robbery. Florida prosecutors argued that, while Holle didn’t know a murder would occur, he did know his friends were planning to rob the home. Since a resident of the house was killed in the process, he was just as guilty as those at the scene of the crime. While the exact phrase “felony murder” may not appear in state legal codes, these types of charges are clearly defined under the circumstances of first degree where this doctrine exists. State laws on how felony murder may be used to charge individuals vary. California, for example, recently changed to a more specific set of circumstances. Before the change, anyone involved in a felony resulting in death could be charged with first degree regardless of intent or knowledge of a victim’s death. Under new guidelines, a felony murder charge may only apply if: Almost all states have a felony murder rule, and the death penalty cannot be enacted on someone who had only a minor role in the crime in any of those states. There are four states that have abolished the felony murder rule, and those states are: Capital murder is first degree murder that can result in the death penalty. The state has to have a capital punishment law, and often the crime has to have exceptional circumstances surrounding it. Usually, this is the murder of a police officer, firefighter, or another government worker. Within each of these charges are different levels, depending on circumstance. Punishments for people convicted of these crimes will also vary. While capital murder and first degree murder are the most serious murders a person can be charged with, any of these others may also apply. These may even apply in addition to capital or first degree murder charges. The rules on how these charges may apply vary depending on the state and the circumstances surrounding the victim’s death. Under the law, murder is typically defined by intent. That is, a defendant knew their actions may lead to another’s death and proceeded anyway. Where there is no intention beforehand, but a victim still dies, other murder charges may apply, such as: A murder took place, but there was no intent to kill or premeditation before the incident happened. Second degree murder commonly applies to heated situations that escalate into an altercation. The defendant did not take time to plan their actions and were, usually, in an emotional rage. We can also label these as “crimes of passion,” but they’re not always romance-related. The lines between second degree and voluntary manslaughter can sometimes be difficult to identify until a full trial has taken place. These cases include those where individuals knew that a confrontation — such as a fight — could result in death, but chose to engage anyway. The contrast between second degree and voluntary manslaughter is more evident in cases where a defendant claims to have felt imminent danger. A person acting in what they believe to be self-defense may be charged with voluntary manslaughter if they go so far as to kill the person they claim made them fear for their life. A person charged with involuntary manslaughter didn’t plan, show intent to kill, and had no malice against the victim. Despite intent, this lesser charge is classified as a homicide in most jurisdictions. These charges can include accidental deaths and those that occur through negligence. The easiest way to recall the difference between capital versus first degree murder is that capital murder results in capital punishment if a person is convicted. For more information on capital versus first degree murder, we recommend reading our archives on this subject. There, you will learn more about the death penalty, including its history, and discover which states impose capital punishment and which do not. Anyone with further questions on this topic or who may currently be involved in a capital or first degree murder case should immediately contact a qualified attorney for more specific advice and assistance. Serious crimes require serious consideration every step of the way. One way to get greater clarification about a legal matter is with a free case evaluation from a local attorney. "
States With The Death Penalty,"The first recorded case of the death penalty inside a U.S. correctional facility dates back to 1834. Since that time, multiple states have rejected the death penalty, but some continue the practice. Throughout history, citizens, politicians, and the United States Supreme Court have weighed in on the legalities and ethics of capital punishment. Today, there are 29 states with the death penalty – although some currently have a moratorium (a temporary cessation) on executions as of 2019.   Criminal executions have always happened in the U.S. and even took place in the North American colonies. In early history, however, most executions took place in a public setting as opposed to a jail or prison. In the English colonies of North America, the first recorded execution took place in 1608 when George Kendall was killed for an alleged plot to side with the Spanish against the British settlers of the New World. In 1834, Pennsylvania was the first state in the U.S. to officially require that convicted criminals sentenced to death be executed in a prison setting. Since that time, multiple states have enacted similar laws, which have taken on many forms in terms of who can be executed and how executions may be carried out. Also called capital punishment, several states have outright rejected the death penalty and have replaced it with lifetime imprisonments instead. What is DEATH PENALTY?     Although there are 21 states who do not practice capital punishment in 2019, it should be noted that a federal death penalty exists and can be imposed on a criminal convicted of a federal crime regardless of state law where the crime was committed. The United States military also issues the death penalty for certain crimes. The federal government has not executed a prisoner since 2003 and the last military execution happened in 1961. As of 2019, all 62 inmates awaiting execution by a federal court are currently imprisoned in Terre Haute, Indiana.   Of the 29 death penalty states listed above, California, Colorado, Oregon, and Pennsylvania – the state where capital punishment originated – have all placed a moratorium on criminal executions. Those who have outright abolished capital punishment include: As of 2019, there are 2,673 people on death row in the United States. Several of these cases may be appealed and sentencing may someday be reduced. This figure also includes two inmates currently serving time on death row in New Mexico where capital punishment was repealed in 2009. Despite this fact, neither inmate received a sentence reduction and each may still face execution in the future. With that said, more than a third of the states above haven’t carried out an execution in the last 10 years.     The death penalty remains a hotly contested issue among voters, politicians, and other citizens of the United States. Capital punishment in the U.S. has been scrutinized by the Supreme Court at various points throughout history, including an outright ban on the practice imposed by the Court in 1972. In the case of Furman v. Georgia, it was argued that the death penalty was cruel and unusual punishment and, therefore, a violation of the Eighth Amendment of the U.S. Constitution. It was further argued that the practice was often carried out arbitrarily and with bias against certain poor and disenfranchised convicts. The Court agreed with these arguments and imposed a nationwide moratorium on the death penalty which lasted statewide until 1976. It should be noted, however, that this ruling also affected the federal death penalty, which was not reinstated until 1988. Federally, and in states where death sentences had been legal prior to this ruling, inmates condemned to death had their sentences reduced to life in prison without the possibility of parole. The state of Georgia was largely instrumental in capital punishment being reinstated in the U.S. in 1976. This was due to Georgia revising its sentencing guidelines in such a way that the Court agreed it would no longer be considered cruel, unusual, or prejudicial when applying the death penalty. Other states, such as Florida, Louisiana, North Carolina, and Texas also adjusted their guidelines to the Court’s satisfaction and the moratorium was lifted in those states shortly thereafter. More states eventually followed leading to the aforementioned list of 29 death penalty states today. In 1977, the Supreme Court decided punishments must relative to crimes committed. As such, the death penalty could not be applied to cases of rape or other crimes which did not result in a victim’s death. This position was clarified by the Court once again in 2008 when it specifically stated crimes of child rape where a victim survived could not be tried as capital cases. In 2002, the Court ruled that mentally incompetent individuals could not be executed by law. It was argued that their impairment automatically reduces the severity of any crime committed. The reasoning behind this conclusion is that a person living with such a handicap may not fully understand the harshness of their actions or reasonably intend such harm.  Following this landmark ruling, the Supreme Court also made it impossible to punish juvenile offenders with death. Similar reasoning applied as the Court deemed people under the age of 18 years lacked the maturity to fully understand the seriousness of the crimes committed. Prior to this decision, more than 350 children had been legally executed in the United States. The first recorded juvenile execution taking place as early as 1642 in the Plymouth colony located in the current state of Massachusetts.   As of 2019, in states where it is applicable, capital punishment is only allowed in cases where a person has been convicted of murder. For a federal death penalty to be applied, however, there are 41 offenses for which a convicted person may receive the death penalty. Most of these involve murder charges of varying circumstances such as violating another’s civil rights and causing their death, causing another person’s death during a hijacking, hiring someone to kill another person, murdering a witness to a crime, murder while smuggling a foreigner into the country, and murdering a law enforcement officer. Though the list of offenses eligible for capital punishment under federal law is lengthy, within those is a shortlist of offenses that do not involve the death of another person. A person can be sentenced to death under federal law if found guilty of:   Throughout history proponents of the death penalty support it for a variety of reasons including: Opponents of the death penalty consistently argue against its application for some of the following reasons: Further Information As long as the death penalty exists in the United States, it is sure to be a hotly contested issue. Proponents and opponents should have knowledge of the history and facts surrounding the death penalty as voting citizens. For more information on capital punishment in the U.S., please visit our article archives. Individuals with precise legal questions, who may have charges filed against them or who are in need of assistance with a capital punishment case should consult an attorney experienced in this area.  "
What Is The Federal Law For Opening Mail Not Addressed To You?,"Most people know that it’s illegal to open mail that is addressed to someone else. In fact, there is a federal law that makes it a crime to do so. However, the law only applies under very specific circumstances. To help determine if it’s lawful, take a look at the following reasons for opening mail not addressed to you. A federal statute known as 18 USC Section 1702 makes it illegal to open correspondence addressed to someone else. However, the law cannot be applied if you did not recognize that the mail was not yours when you opened it. For example, if you received several items in the mail and were opening all the envelopes without paying particular attention to the addressee, it is conceivable that you could open mail that was not yours. Because you did not recognize the mail as belonging to someone else before you opened it, no crime has been committed. Although you may have opened someone else’s mail unintentionally, what you do with it afterward is what really counts. Toss the mail in the garbage, and you have intentionally obstructed the delivery of that correspondence. That is a crime, and there may be consequences. If this happens, write Return to Sender or note Wrong Address on the envelope and pop it into a mailbox. That way, the letter can still eventually reach the intended recipient.   The U.S. Postal Service is mainly concerned with mail that is stolen from their custody. In other words, once they have delivered mail to your box, it is no longer in their possession and they are relying on you to react appropriately if correspondence has been mishandled. The statute mostly addresses mail that is wrongfully removed from Postal Service custody, such as if it is stolen from a Post Office, a letter carrier, or a mailbox. Should the stolen mail be used to conduct another crime, like identity theft, then the thief might be facing additional charges. If someone opens mail that is not addressed to them with the intention of stealing what is inside, they are subject to consequences, as well. For instance, if you know someone was delivered cash in an envelope or shipped an expensive item, opening the mail and taking the possessions is still a form of theft that has consequences beyond that of opening mail not addressed to you.   It’s common for someone to ask a neighbor to collect and open his mail while he is away from home. In this case, you can open his mail as long as he has given you permission. It is only a crime if the person did not ask you to and you choose to open it anyway. According to USPS, “After a loved one has passed away, accumulating mail can attract unwanted attention. To avoid this, as appointed executor or administrator, you can file a request at the Post Office™ to redirect their mail [or] remove them from advertisers’ mailing lists.” If you lived with someone who has passed away and received their mail before he or she died, you can still manage and open their mail as usual. If you are the executor of the deceased person’s estate and need to forward his or her mail to a different address, you will need to contact your local Post Office. While opening mail not addressed to you on accident or with permission is not a crime, a person who steals mail from Postal Service custody may be looking at as much as five years in prison. That sentence may be in addition to or concurrent with other prison terms that the thief is sentenced to in relation to other crimes they may have committed after stealing the correspondence. Sizable fines may also be involved. Considering the consequences, stealing mail hardly seems worth the effort. If you have any additional questions or concerns about opening mail not addressed to you, you should contact your local Post Office to ensure you are following the law. "
What Happens When You Get Pulled Over Without a Driver’s License?,"To drive in accordance with the law, an individual must have a driver’s license. Driving is a privilege according to federal law – one that can be revoked if certain conditions are not met. Getting pulled over without a license can lead to serious consequences, depending upon the circumstances. There are two reasons why someone may be driving without a license. One, the driver has a valid driver’s license but simply forgot it or misplaced it, which is why it is not in the vehicle with them. This is called a “correctable offense” or “fit-it ticket.” The other possibility is that the driver does not have a valid license at all. This could be due to the license being suspended or revoked, or the driver may have never been issued a valid license in the first place. This offense is called a “willful violation” because you knowingly disregarded the law. Let’s take a deeper look at what happens when you get pulled over without a driver’s license. Driving without a license is considered a crime in all 50 states. However, the consequences of this infraction vary depending on the state you live in, as well as if the infraction is a correctable offense or a willful violation. The consequences for getting pulled over without a license can include fines, community service, and/or possibly jail time,  though the latter is uncommon for correctable offenses. Varying by state, the fines for driving without a license range anywhere between $100 and $1,000. The severity of the penalty for getting pulled over without a license increases if you are unable to present a valid driver’s license later on in court. The penalty can also be more severe based on the seriousness of your traffic infraction. For example, if someone is driving without a license and gets in a car accident or is driving under the influence – the consequences tend to be much more severe. Here’s a bit more detail on the difference between a correctable offense and a willful violation when it comes to getting pulled over without a license. How To Find Out If A License Is Active Or Suspended?   If you simply forget to bring your license in the car with you, the infraction is a bit different. Most states will differentiate forgetting your license and not having one at all, as humans are subject to forgetfulness and making mistakes. Usually, if an individual doesn’t have a driver’s license to show to the police officer when they get pulled over – but they do have a valid driver’s license issued under his or her name – they will be issued a much less severe traffic citation. If the individual appears before court (with their valid license), the citation can often be pleaded down or dismissed altogether. Steps to take if you forget your license and are pulled over: Remember, you will still be charged for the traffic violation that you were pulled over for (speeding, running a red light, etc.) even if the correctable offense is dismissed. Regardless of the circumstance, it is never a good idea to get behind the wheel if you do not have a valid driver’s license. Driving with a suspended or revoked driver’s license is an arrestable offense that is much more serious than driving with no driver’s license or simply forgetting it. People whose licenses have been suspended or revoked are not supposed to be driving at all until they resolve the issues that led to the suspensions or revocations. Additionally, people who are caught driving on suspended or revoked licenses could lose their driving privileges even longer than they did initially and have to serve longer lengths of jail time and pay higher fines and fees. What to do if you get pulled over and have a suspended or revoked license: There is no guarantee that you will get your traffic infraction dismissed if you get pulled over without a license. However, your chances are better if you are honest and respectful to the police officer and in court. If you have been pulled over without a license, whether you forgot yours at home or you do not have a valid ID, it is a good idea to speak with a traffic ticket lawyer who can tell you the best way to proceed. "
Signing a Letter on Someone Else’s Behalf,"Sometimes in the business world, it’s necessary for office staff to sign a letter on someone else’s behalf, such as the manager or company president. This usually happens when the manager or president is not available or too busy to sign letters himself. Only an authorized representative should sign on someone else’s behalf. Aside from internal company matters, there are other situations where people may need to sign on another person’s behalf. Commonly, real estate agents, investment brokers, and lenders will obtain permission to do so. Procuration is the official term for signing for someone else. This term is taken from the Latin word procurare meaning “to take care of.” Now, when signing on someone else’s behalf, the signature is preceded by p.p. standing for per procurationem. The p.p. is a signal to the reader that someone signed the letter on behalf of another. Here are some examples of how to use the p.p. designation: p.p. Staff Signature
President’s Name President’s Name
p.p. Staff Signature Check with your employer to learn their preferred method of signing with the p.p. designation. If a person is too ill to handle his own affairs, he will need a power of attorney — a person who has the legal right to sign any document on behalf of an incapacitated person. Ideally, people will appoint someone ahead of time to be their power of attorney. When a person passes away and their business affairs need to be tied up, the power of attorney can sign as the deceased. When a person appointed power of attorney signs the document for another person, the document bears the same legal weight as if the incapacitated person signed it himself. An attorney must prepare the documents giving permission to sign on behalf of an incapacitated or deceased person. Only the person granted the power of attorney has the right to do so. If any other person attempts to sign on behalf of another, the letter or document is not legally binding. Laws vary state by state, but in some situations, a parent or guardian can sign on behalf of a child. For instance, if someone under 18 years old opens a bank account, receives a tax return, or needs to sign another legal document, the child may need the parent or guardian to sign on his or her behalf. Signing documents is just a part of everyday life, but there can be important legal implications for you, your family, or your business. If you have questions, consider getting a free initial legal review of your situation today. "
Best Way to Find Someone in Jail for Free,"If you are looking to find someone in jail, you have a few options. If you’re not sure where to start, trying to find an inmate may feel overwhelming. So before you start Google searching every jail in your area, let’s walk through the basics. Do you know the person’s name, address, or date of birth? Maybe you know the county, city, or state where they committed the crime or even when and where their hearing was held. Obtaining as much basic information as possible will simplify the process. We’ll walk through how to find out if someone is currently in jail and explore the best way to find which jail or federal prison they’re in. There are several reasons why you might need to find out if someone is in jail. Oftentimes, people know someone who was arrested and they want to know if they are still incarcerated. Other times, families that move to a new area want to do research on convicted sex offenders. And sometimes, family members are in search of relatives they have not heard from in a while. In any case, finding out if someone is in jail starts with knowing where the crime took place. Even if you do not have the name of the criminal, you can quickly narrow down your search if you know which jurisdiction to focus on. To find someone in jail, you can start with your State Department of Corrections. If you go to the state’s web page, you will be able to find a phone number to contact. You’ll also find resources like Sex Offender Registry, Offender Contact information, and Offender Visitation forms. Many states will also have a search feature. Some state websites will refer to this as an Offender Database Search or an Inmate Search. If you are unsure where to look for this feature, simply Google the state followed by “department of corrections inmate search.” It’ll be in one of the top search results. Some counties do not have an online search feature, so you may have to call. If the jail you call is not where the inmate is located, try contacting nearby jails. If the person you’re looking for was recently arrested, their information may not be in the system yet. You can always check every week or two. But typically it’s harder to find their information because arrestees are held in the county jail until they have a trial and are released or transferred to a more permanent location. However, if the person you are searching for has been in jail longer than a month, you can use a few other resources to find out where they are located. Once you have determined someone is in jail, you can start your search. If you know the jurisdiction where they were arrested, you can call the jail. The Department of Corrections will be able to release public information to you about the person. Like their name, age, birthday, and gender. However, there are other ways to find someone in jail for free if you have limited information about them. The best way to find someone in jail for free is VINE (Victim Information and Notification Everyday). A victim notification network that “provides the most reliable information for custody status changes and criminal case information.” On the site’s homepage, select the state where you want to search. Navigate to the “Find an Offender” button, where you will be prompted to type in the Offender ID number. Or, if you don’t know it, the inmate’s first and last name. You can also select “Advanced Search” to add the inmate’s facility name, date of birth, and age range. When you find who you are looking for, you will see their inmate/offender ID, date of birth, race, gender, custody status, location, and scheduled release date. Anyone interested in the status of an inmate can register to be notified when the inmate is released or transferred. Notification is done by phone or email. Note: VINE does not provide information on federal prisons, only local jails and state prisons. VINE is updated every day. Finding someone in federal prison is a lot like finding someone in jail. The best way to locate information on a federal prisoner for free is to go to the Bureau of Federal Prisons. Then, go to the inmate locator tab. You can search by inmate number or name. A list of results will appear with the inmates’ names, ID number, age, sex, race, and release date, or prison location. If you select the prison’s name, it will take you to that location’s website where you can find additional details. Of course, if you know which jail or prison the inmate is located at, you can pull up its website and do a search. At least then you’ll know if the offender is still in custody. Not all jails or prisons have this information online. In that case, simply call the jail or prison and ask them to provide the inmate’s status. VINE and the BOP website are by far the best resources to find someone in jail for free. Their sites are constantly updated and contain the most information on inmates nationwide. Another great free website is Inmates Plus. Click on the state where you want to search and then two options appear. One option is a search for the state prison. The second option is to search by county jail. Inmates Plus is updated daily. You know of someone who has been in jail or prison, but you’re unsure when they will be released. You can find an inmate’s release date by calling the state’s Department of Corrections, searching their online database, or use a resource like VINELink. Although release dates are subject to change based on the inmate’s behavior. If the inmate is incarcerated in a smaller facility, their release date may not show up on large databases. If the inmate’s case was followed by the public, sometimes their release will be covered on local news stations. To learn more about this process, check out our step-by-step guide on  How to Find an Inmate’s Release Date. People might need to look up mug shots for many reasons. Some are looking for information on acquaintances who were arrested. Others are looking for their own mug shot. Still others may be browsing out of curiosity. Whatever their reason, finding local mug shots is easy. Several resources can be consulted, and the information is usually freely available. In some jurisdictions, mug shots are public record. Accordingly, it’s very easy to browse through the pictures. Start with the law enforcement agency’s website. These are easy to find by putting a county name and the words “sheriff’s department” into an online search engine. City police departments and highway patrol agencies may also have accessible websites. If mug shots are available, they should be easy to find by clicking on a link labeled “booking blotter” or something similar. This is probably the easiest search method available, particularly if you know which agency arrested the individual whose mug shot you’re seeking. If you’re not able to locate the particular mug shot you’re seeking, consider calling the law enforcement agency. They may allow you to come down to the station to search through their books of mug shots. Some online companies provide people with an opportunity to search for a mug shot through their website. This is often a fee based service, but it may make sense to try this if you’re not able to locate a mug shot through a law enforcement agency. If the company does not already have the mug shot you’re looking for in their database, they may be able to request it from the proper authorities. This may involve an additional fee. Some jurisdictions do not post mug shots online and instead require people to visit in person. County or city jails may be able to accommodate your request to review mug shots. It’s generally advisable to call first to make certain that coming in person to ask to view mug shots is permissible. Where mug shots are considered public records, it is not unusual for various media outlets to publicize them. Check websites for local networks and newspapers, as they usually post recent mug shots on their page for local news. Like using a law enforcement website, this is an easy method for obtaining mug shots. If someone you care about is in jail or prison and needs legal help, you can get a free case evaluation to help you plan your next steps. "
How Do You Prove a Defamation of Character Claim?,"Unfortunately, defamation of character claims are extremely difficult to prove in the court. As the plaintiff (the accusing), the burden of proof falls on you to prove the defendant (the accused) did what you’re claiming. Additionally, slandering is considered a “tort“, which is a civil wrong, rather than a criminal one. But before we can talk about how to move forward with a defamation case, we need to understand what defamation is. At its core, defamation is a catch-all term used to describe a statement that unjustly hurts someone’s reputation. Libel is the written form of a statement that hurts someone’s reputation while slander is the spoken form, but with the advent of the internet, things can get a little more complicated than that. This type of defamation refers to a defamatory statement or representation made in a printed or fixed format. It can involve text, pictures, or both. For example, a photograph used out of context can constitute libel. Moreover, the person publishing the statements or photographs must do so knowing that they are presenting false information. When one person verbally makes a defamatory statement or, occasionally, hand gestures and facial expressions can be considered libel. The words or physical actions must somehow undermine the reputation of the accused. Again, the person making the slanderous statement must know that they are spreading false information. The First Amendment (freedom of speech) does not protect slander or libel. Individuals possess a right not to be subjected to falsehoods that impugn their character, so slander cannot be protected. But with the first amendment being the most vigorously protected amendment, there are some grey areas and ethical implications of defamatory statements – protected or not. Additionally, the first amendment does not protect things that may lead to criminal acts or endanger public safety. Saying something that could cause public panic, like the classic “There’s a fire!” in a movie theater, is not protected by free speech laws. Likewise, inciting another person or group to commit a crime is also not protected by the First Amendment. Similarly, the First Amendment does not allow for sedition, which is speech that advocates for the violent overthrow of the government or committing crimes against the government. First of all, you have to prove the statement was an intentional misrepresentation or lie. With slander (verbal defamation,) things get a little tricker. Of course, a key portion is that you have to prove – beyond a reasonable doubt – that this person actually said what you’re claiming they said. The trickiest part for libel lies in the second portion: proving that the defamatory statement was intended with actual malice. An untrue statement, to be considered defamatory, needs to be said with the intentional misrepresentation of facts with the intention to cause you harm. IE: The person needs to be knowingly lying while knowing this lie will cause you harm.   Most lawyers will tell you this is the most challenging part of the process. First, understand that there is a clear difference between a statement having the potential to cause you harm and a statement actually causing you harm. It is only considered defamation of character if the statement has caused you harm already, not if it has the potential to cause you harm. This is a tricky line to walk for the court and a frustrating one for many people who are looking to prevent damage. But the court cannot act on something that might happen unless there’s proof that something has already happened. IE: if you’ve already seen negative effects, you’ll likely see more if this went unchecked. If you haven’t, there’s a chance you may never see any negatives as a result of the slander or libel. In order to win the claim, you are going to need to prove that the false statement has ruined your reputation. If you are a business owner, for example, you would need to prove how the statement has had a devastating impact on your business. If you are the only one who knows about this lie, it doesn’t count as slander, libel, or defamation since it can’t hurt your reputation. Unless there’s the threat to release this information, which would count as blackmail. The interesting thing to note about publication is that it’s not in the modern context, where it’s been published. It just means that it was done in a way where other people heard, saw, read, or otherwise came across this harmful lie about you. IE: it was public in some way where a third party was exposed to the statement. This could be untrue and damaging images, articles, emails, or other written communication that was shared with more people than just yourself (libel.) Or it could be gestures, spoken words, or something else not otherwise in a tangible form that was done in front of – or towards – other people about you (slander.) On top of this, the statement must also be considered “unprivileged.” Since free speech and defamatory cases seem to be on conflicting sides of the constitution, the court decided to protect certain scenarios and interactions from being brought to court on defamation suits. These protected scenarios and interactions are called “privileged.” They include scenarios in which false statements can cause you harm, such as witnesses who falsely testify. Most lawmakers also fall into this “privileged” bucket in the legislative chambers and in official documents and material. That’s not to say that these statements can’t face legal action, just that “privileged” statements cannot be considered defamatory. Even if they are otherwise. Fortunately, unprivileged statements cover the majority of defamatory statements. These are the kinds of statements that are made in everyday life, online, and outside of the courtrooms and chambers.   When libelous and slanderous statements are made in public, the affected party should seek a retraction before filing a complaint in court. If there is evidence of the alleged defamer refusing to retract the statements, it would be easier to win the case in court. But what does “winning” a defamation case look like? For compensation, the court must decide on the amount of “reasonable of injury.” For example, if a politician feels defamed by statements that attempt to connect her with criminal organizations, the court will consider that people in the public eye should expect that sort of circumstance. This damage would likely be considered lesser – if damaging at all. In most cases involving defamation of character, the court will seek a resolution that is both uncomplicated and respectful of the First Amendment. This could mean accepting a retraction from the respondent published in the newspaper of record. If you think you have a case and would like to take action, we have some articles and resources to help you take the next steps: In 2017, actress Rebel Wilson was in a defamation of character case. After the release of the hit movie she co-starred in, Pitch Perfect 2, a media company (Bauer Media) published several articles about her. They stated she was “a serial liar” and “fabricated almost every aspect of her life.” Bauer Media continued to accuse her of lying about her “age, upbringing and the origin of her name,” according to The Washington Post. Because of the blatant dishonesty of these statements, Wilson was able to easily prove they were untrue. However, proving Bauer Media had the intention of causing her harm, as well as proving that they actually caused her harm was less black-and-white. Wilson stated that the claims not only hurt her reputation but caused her to be overlooked for acting roles and lost her money. After uncovering the source of the false information, it was brought to the court’s attention that the source was paid and had a grudge against Wilson. It was also discovered that the claims were intentionally published around the same time Pitch Perfect 2 was released to attract timely attention. Wilson was awarded more than $3 million in damages. On the day of the verdict, she Tweeted, “Today was the end of a long and hard court battle against Bauer Media who viciously tried to take me down with a series of false articles.” You can also have a look at how to prove workplace discrimination. "
How Do You Look up License Plate Numbers?,"From driver history to accident reports, you can learn a lot from performing a license plate lookup. Usually, people are trying to find information about a vehicle’s history. Other times, someone may be looking to identify the driver of a vehicle by using a license plate number. In either case, the online data may be limited due to privacy laws. But there are a few ways you can conduct a license plate lookup to find basic information about a vehicle or driver. We’ll focus on the most common reasons to lookup license plate numbers – to obtain a vehicle history report and view criminal driving records. The information you can obtain from a license plate lookup is limited. But there are tons of public records to find what you’re looking for, like a driver’s criminal history. This information is gathered from multiple sources. Car auctions, insurance companies, and carmakers are few. Whether you use a third-party license plate lookup like People Public Records or Vehicle Data Registry, you should be able to find all basic information about a vehicle, including: In most cases, you don’t need to go to the DMV to get license plate records – there are so many online resources to choose from. However, we’ve included information about DMV license plate lookups if you’re unable to find the records you are looking for. DMV reports include: The websites listed here are called third-party information providers. These websites pull records from DMV, court, corrections, and vital statistics databases. This saves you from doing multiple searches and from driving around town to collect information. It’s completely legal for you to request this information because all of the data collected by third-party information providers is public record. The Freedom of Information Act also justifies your request for the vehicle data. PeoplePublicRecords.org is one of the most comprehensive third-party information providers. Allowing you to access instant data from public records. If you go to the website, you can look up information on car owners by name, VIN, or license plate number. You can also search for someone’s complete background history, criminal and civil court records, marriage and divorce records, birth and death records, vital records and genealogy, lawsuits and legal judgments, civil claims and litigations, and police records. Keep in mind, Peoplepublicrecords.org does not collect any information about the searcher, so when you run a report, the person will not even know that anyone pulled a report. Users can choose from one-, three-, or a six-month membership, each with unlimited searches. The website www.searchquarry.com allows users to search for information on car owners by typing in the VIN or license plate number. In addition to license plate records, SearchQuarry allows users to look up public information and reports about criminal records, court records, incarcerations, driving records, VIN records, bankruptcies, liens and judgments, birth records, death records, marriage records, divorce records, and phone number records. SearchQuarry does not provide any bank, credit card, or social security number information. Users must pay a monthly fee for unlimited searches and reports. At Vehicledataregistry.com, you can search for owner information by using a VIN or license plate number. A lot of information is attached to a person’s driving record. This website may provide you with any – or all – of the following information: If you are not able to find what you are looking for online, you may be able to obtain information about a vehicle or driver using a license plate lookup at the Department of Motor Vehicles (DMV.) Simply go to your local DMV website or call the number provided to see if the one in your area provides vehicle and driver records. If so, visit the DMV and provide them with the license plate number and any other details you have. To learn more about license plate lookups and public vehicle driving records, check out How To Find a Name and Address Using a License Plate Number. "
Best Way To Run A Free Arrest Warrant Check,"If you’re concerned about having a warrant out for your arrest, you should check right away. Fortunately, there are tons of free ways to find out without having to look into the dark web. Even if you don’t want to use the internet, there are a few ways to run a free arrest warrant check. Most of this article focuses on how to run a free arrest warrant check on yourself. But this process applies equally well to looking for a suspected warrant on someone else. So, let’s get to it!     This might seem like a no-brainer. But not all arrest warrants are issued because someone committed a high-caliber crime or because you’re just a “bad person.” You can have a warrant out because you did something as simple as forgetting to pay a parking ticket. Or you’re a suspect in a crime – even if it’s a misunderstanding and you weren’t involved. You can also have a warrant out for something like bouncing a check. Even if you didn’t mean to and never even knew it bounced. Anything that would amount to a felony or a misdemeanor is grounds for police to get an arrest warrant. As long as they can prove you did it or it’s a felony charge. Being suspected of a misdemeanor isn’t usually enough for an arrest warrant. But it is enough for a felony. Additionally, if you don’t show up for court or pay a ticket, you may have a warrant. Even if you never knew you had court scheduled. I almost had this happen with jury duty because I didn’t get the letter. It’s not as difficult or unheard of as you’d think. So, again, you don’t need to commit murder to find yourself with a warrant.     In order to get an arrest warrant, police officers need to convince a judge that a crime was most likely committed. And the suspected crime was likely committed by the person they want a warrant for. The burden of proof is not super high at this stage, but facts need to be present. In order to make their case, an officer must submit an affidavit. The affidavit has to be signed under oath and contain enough facts to convince a neutral judge of probable cause. IE: that you are very likely the person who bounced a check when buying diapers because it was signed by you and they have video camera footage of your purchase. Or that you likely tried to commit insurance fraud because your car that you couldn’t afford was conveniently totaled the day before it was supposed to be repoed. If they can convince a judge of these two things with an affidavit, then the judge will grant them an arrest warrant. But this process is pretty similar with bench or search warrants as well. The judge, however, may put restrictions on the arrest warrant. Something like you can only be arrested between 6 a.m. and 6 p.m. or you can’t be arrested if you’re at work. But this all depends on the severity of the crime. Sometimes the bail amount will also be included in the warrant. Obtaining a warrant doesn’t usually take more than a day. However, it can take several days for a warrant to “hit the system” (the law’s archaic computer system, that is.) Additionally, warrants do not expire or just go away. There is no statute of limitations on the warrant itself once it’s been issued. But, occasionally, you can get out if it if the information on the warrant isn’t right.   Sometimes facts are misstated, incorrect, or otherwise don’t hold water. For example, the location could be wrong, the name on the warrant could be misspelled, or you can otherwise prove the warrant (at least as-is) isn’t for you. Or that they’re violating one of the mandates on the warrant. Like they’re arresting you at 6:30 pm, which is outside of hours on the warrant. In an ideal scenario, police officers should show you your arrest warrant, but they don’t always. If you can prove that the warrant isn’t for you, the police shouldn’t proceed with the arrest. But that also isn’t always the case. However, it should be noted that clerical errors aren’t enough to invalidate an arrest warrant. If an arrest warrant says “Jonh” instead of “John,” that wouldn’t be enough. But if it said 134 North St, when it was should be 1340 North Rd, that might do it. At least for now. Providing both locations actually exist. There are, however, some cases where running a check for an arrest warrant won’t help you.     The police may still hope to arrest you, it just won’t show up as a warrant. You should only be seriously concerned about this if you are involved in a serious crime. But definitely something to consider if you’re being falsely accused, as well. They all revolve around probable cause.   I’ll give you some advice my lawyer gave me. It cost me $30, so you’re welcome. “Police, pastors, and lawyers are great to have – but you never want to invite one into your house.” Although it’s unlikely a criminal would do this, someone else who lives in the house could. And anything they see, hear, or even smell – without a warrant – can be used against you in court.   If you’re in this situation, you’re certainly not reading this article. Er, I hope not. In this particular case, the police would need to be in “hot pursuit.” Which means they followed the suspect from whatever chase was happening straight into the building. At which point, they don’t need a warrant to make the arrest, obviously.   This is referred to as exigent circumstances. This one is obvious, if someone’s in danger, the officer shouldn’t wait for a warrant to come through. The same is true for evidence. But this clause is rarely used for the latter. If someone had evidence of their crime on their computer and the police thought they would destroy it, they don’t always need a warrant. But – more often than not – it’s more complex than that when it comes to evidence.     Okay, so we know when a warrant check won’t help, when it would, and why you should probably check. Even if you don’t think an arrest warrant should exist. But how exactly do you go about doing it?   This part is so super important: almost no online database resources exist for free. If you want to look online for an arrest warrant, you’re unlikely to find one for free because; But if that doesn’t deter you, that’s perfectly fine. Just don’t expect the arrest warrant search to be free online. Even if it says it is, I can almost guarantee you it’s not. However, The Most Wanted is the only one we’ve found as far as databases are concerned. But there’s a huge catch: It’s only for warrants out in Indiana. If you want to search online for free and you’re not in Indiana, you would need to Google “arrest warrants in [insert county & state] and use whatever local government websites pop up. Now, if you think you might have warrants out in different states, you’ll need to Google every state and county that you think is a possibility.   If you might have warrants out in multiple states or counties (or you’re just curious if you do) paid routes are the best option. Additionally, they’re the best option if you’re looking to find arrest warrants on someone else.     We’re not affiliated with these guys in any way, but I’ve used them to run checks on myself to see how accurate they are. And they miss some minor stuff (thankfully my current address is one), but they do pull up some creepy stuff. They do not, however, pull up any of my court cases because police weren’t involved. And when they were, I was the plaintiff. They have relatively cheap trials that seem worth it(ish) to me if I was interested in looking this stuff up, but I whole-heartedly recommend not doing a whole month unless you’re just super nosey. Then it might be interesting. Okay, moving on…   Yeah, I know. But hear me out. Police stations are really one of the few places you can go where it’s quick, easy, and free to check. I don’t necessarily advise going into the police department to inquire – especially if you think you’ll be arrested on the spot*. A slightly safer – but still potentially sketchy option – is to have someone you trust go and ask a law enforcement official. Although, since it’s not public knowledge, they may not release this if they think you’re a flight risk or if your local laws don’t allow the release of that kind of information. Additionally, you or someone you trust can call. Although there is a chance that they may not give the information up over the phone. I don’t necessarily advise visiting or calling your in-town police department, but a police department in the same county should have the same level of access. But you’d have to call into the county that the warrant would be out in, not just your local county if nothing happened there. *Note: if you have a bench warrant out, you will likely be arrested on sight.   There’s a relatively low chance you’ll be arrested on the spot at the courthouse. Though not entirely out of the question. Because, you know, there are usually cops there. But if you know which jurisdiction the arrest warrant would fall under, you can go to the corresponding courthouse to find out if there’s a warrant. Unless you committed a serious crime, you should be fine* to walk out of the courthouse. Although you’ll be in for some social awkwardness. This is usually free. But if you go out of the jurisdiction, they will usually charge you for the records. How much they charge depends on the courthouse and if you want it printed out. *Note: if you have a bench warrant out, you will likely be arrested or detained on sight.   Call a good defense lawyer. I would highly suggest paying for one. I’ve used pro bono, I’ve used reduced fee lawyers, sliding scale lawyers, free legal aid services, and paid for high-priced lawyers. And I can tell you the ones you pay and keep on retainer absolutely work the hardest. I have nothing against all my other lawyers (or nothing big enough to air here, anyway) but the lawyers that I kept on a hefty retainer were hands-down the best ones I had. Fortunately, most lawyers offer you a free consult. It’s usually short, brisk, and rather standoffish feeling, but it gives you a good starting place for shopping around. Find one you feel comfortable and confident in. You DO NOT want a lawyer that promises you the moon and the stars and the sea. You want a grounded, realistic, level-headed lawyer, so do some legwork and go through all the bad reviews you can consume. But I get it, not everyone has thousands of dollars they can throw at a retainer and a monthly legal bill. Lawyers are not cheap. But you have a few options if you don’t have the cash for a lawyer.   If it’s a felony charge, you can get a court-appointed lawyer. Occasionally you can get a court-appointed lawyer for misdemeanors if you’re potentially facing jail time. But you’ll want to get some free legal help on how you should go about turning yourself in and requesting a court-appointed lawyer without incriminating yourself. Do not underestimate the importance of avoiding incrimination when turning yourself in. Of course, if you go this route you should absolutely stay silent without your lawyer. Requesting a lawyer after you turn yourself in is the only thing you should say.   Most pro bono lawyers don’t help with defense cases that involve warrants. Court-appointed lawyers for these types of cases are pro bono lawyers, so that’s where you’ll likely find one. But you can try to find one that might help by looking up your state’s bar association website and going through their pro bono directory.   Since this is such a broad topic and varies state-by-state, we actually put together a whole resource list of free and low-cost legal help. Oftentimes, lawyers (especially low-cost ones) won’t be available until about a year down the road. If this is the case, your potential lawyer will likely tell you to ask the court for a continuation until they’re available to represent you. Sometimes you have to show you at your scheduled date and time to do this and ask a judge to grant you the continuation. The judge can say no. But if the judge says no, you can ask for a court-appointed lawyer then, if they don’t tell you they’ll give you one instead. However, if you just need a quick bit of advice, you can call into a legal hotline and just ask how to go about turning yourself in and asking for a court-appointed lawyer. Those calls are usually pretty quick. But they will disclaim that they’re not suggesting you do that and it doesn’t constitute as legal advice because they’re not actually your lawyer. But don’t let that scare you off.     I mean… do you like the person? If you like the person, I would bring it up with them and try to help them figure out their legal options. If you don’t like the person… Tip-off the law agency that would have jurisdiction to arrest them. Of course, if you ask to remain anonymous, you usually will remain anonymous. But I’ve definitely had incidents where the cops did tell the person I called them, even after I asked to remain anonymous. And this person lashed out by reporting me to the cops for a fake crime. The person who tipped them (obviously…) didn’t remain anonymous, either. So just keep that in mind. If you don’t want to call in and risk backlash, many agencies have anonymous tip forms you can fill out online.   A bench warrant is a warrant that is issued after an arrest warrant, when the defendant has either not shown up for their scheduled court date, or they have violated some other court rule. An arrest warrant, on the other hand, a court order given to detain a party if probable cause is present (AKA they have committed a crime.    “If you discover that a bench warrant or arrest warrant has been issued against you or that you have missed a court hearing that you were ordered to attend (as a defendant or a witness), the most important thing to do is take action immediately,” according to Lauren Baldwin from criminaldefenselawyer.com. “When you didn’t show up, the judge may have issued a bench warrant for your arrest. This means that the police can take you into custody at any time – at a routine traffic stop, at your home or office, or when you appear at court on another matter. If you do not address the warrant, you will have to worry constantly that you may suddenly be taken to jail.”   Civil warrants are usually ordered in cases that have to do with debt, repossession, and eviction, among other civil cases. Civil warrants are not given for criminal cases. Three civil warrant types exist, including a capias warrant, a dispossessory warrant, a warrant in debt.   A writ is an order from a judge that requires someone to do something (yes, that’s vague, but the cause for a writ varies greatly depending on the situation). There are also several different types of writs, like a writ of possession that can be used in eviction cases, as well as a writ of error – a court order from the court of appeals to the judge who tried a case in lower court to give the records of the case to the appeals court.   In most areas, warrants last forever and do not expire. To learn more about how long warrants last and if orders are ever dropped, check out this guide of the Statute of Limitations for Arrest Warrants.    Quashing a warrant means that the warrant is cancelled. This usually happens when a defendant pays their bond. What does it mean to quash a warrant?   A capias warrant is an order to arrest and detain an individual for the purpose of guaranteeing a court appearance. It is one of the types of civil warrants. Most often, this type of warrant is issued when someone does not show up to their court appearance.    Warrants are public record in Texas, so you can find out if you have one fairly easily by doing an online search. You can start by visiting www.publicrecords.onlinesearches.com. Select Texas and then the county to narrow down results. Another way to find out if you have a warrant in Texas is by looking at www.gotwarrants.com, visiting your county’s website, or contacting the local sheriff’s office.  "
"Prenup: Why Prenup, What It Is, and Do You Need One?","To some, the mere mention of a prenuptial agreement can lead to controversy and turmoil. Understanding what a prenup is, the purposes a good one can serve, and who needs one can take the sting out of some of those conversations, though. Whether you’re planning on getting married soon or are simply curious about how prenuptial agreements work, taking a closer look at what a prenup does and how it may benefit some people can help people better determine whether or not such an agreement is right for you. In the United States, anyone can get divorced. In most states, people can get divorced for any reason and, in some, they can get divorced for no reason at all. No one entering a marriage ever dreams of it someday ending. As most divorced people will attest, however, even those who enter matrimony with the most hopeful of intentions often fall short and marriages don’t always last until death do two part. Prenuptial agreements are usually legally binding instruments intended to ensure fairness in a divorce process. Philosophically, most are agreed to at a time when both parties are in love with one another and have each other’s best interest at heart. As good prenups are created with the help of legal professionals, these agreements also tend to take on a realistic form of protection for each person’s assets if the marriage should eventually fail. These types of agreements are also intended to make the divorce process less litigious, faster, and, perhaps, even less expensive when all is said and done. This is because a separate accounting of individual assets has already been determined. With each person’s financial value, debt liabilities, and benefits clearly defined going into the marriage, it is far easier for a judge to determine which marital assets are left to be divided – and how – as a marriage is being dissolved. In light of all of this, prenups may also serve to reduce some of the stress associated with a divorce. It’s a commonly held belief that prenuptial agreements are reserved for the extremely wealthy, but this simply is not true. Average, working-class women and men often have prenuptial agreements in place when entering a new marriage. Essentially, any person who owns a business, real property, or other assets — such as stocks and bonds — may benefit from having such an agreement. Parents may also want to consider these documents since prenuptial agreements may also help protect a person’s heirs. For example, couples who are soon to marry may have children from previous relationships. A prenup can be used to separate and protect property that a parent intends for a child to inherit. Structured correctly, said property should not be considered as marital property during a divorce. Without a prenup, things like real estate and other investments, or even family heirlooms a parent intended for a child to receive, may be divided among former spouses when a marriage is dissolved. Some corporations and other entities may even strongly urge investors and shareholders to have prenups before getting married. This is so that, in case of divorce, the person’s stake in the company is not compromised, nor are employees or other aspects of a business threatened. Without a prenup, it is entirely possible for a former spouse to take control of a company, or parts thereof, that were acquired during a divorce settlement. The spouse who was awarded all or part of their exes company shares may not have any experience or interest in the business and may even wish to see it fail altogether. This, of course, can lead to a highly undesirable or even detrimental outcome for employees, investors, and others involved in that business. One often overlooked advantage of a prenuptial agreement is that they force couples who are intending to marry to have a real conversation about finances, liabilities, and expectations before they say “I do.” Even for couples who remain in their marriages forever, transparency about such matters is advantageous to the health of the marriage and the couple’s financial future. Those entertaining a prenuptial agreement are able to discuss earnings, investments, debts, and credit matters before entering a contractual union with a far better sense of clarity than those who refuse to do so. While these conversations can be uncomfortable and intense, they can also serve a very positive purpose in moving forward with a marriage in full knowledge of each spouse’s financial wealth and health. Prenuptial agreements are also introduced at a time when couples are in love and are more likely to want fairness to prevail. While all prenups are subject to state requirements and can even be set aside if a divorce judge finds one to be unreasonable, things like child custody and visitation matters can even be part of a prenuptial agreement. When this is the case, terms are often more fairly presented at a time when couples share a mutual love and respect than they may be during a divorce when one or both partners are harboring negative feelings towards the other. People who dislike the idea of prenuptial agreements generally feel like they are planning for divorce. They are right about this, of course, but prenups do not actually provoke divorce. While everyone would love for marriages to stand the test of time, realistically, many relationships go south long before. Prenups aren’t the reason marriages fail, but they can help make sense of financial matters when they do. Many people think prenups kill romance; however, marriage is largely a contractual agreement, and romance has nothing at all to do with that arrangement. Sure, a person may bring romantic feelings into a marriage, but romance has never been a requirement for matrimony. A marriage is as romantic — or unromantic — as the two people who sign a marriage contract decide it will be. In this way, a prenup is merely another agreement related to an already non-romantic one. While this may be true, to some degree, there is something to be said for a lack of blind trust. Going into a marriage, no one ever expects that infidelity, abuse, or other differences will ever become irreconcilable. Yet, we all know of marriages that have ended in divorce, anyway. People also owe it to themselves, their heirs, their business partners, and their spouses to be as realistic as possible about life, relationships, and the possibilities of divorce. In discussions about prenups, people often overlook other areas where they may bring clarity. For example, if one spouse with children from an earlier relationship passes away without a will or trust and the widowed spouse remarries, the children of the deceased spouse may feel it unfair that their step-parent’s new spouse may receive some ownership in property and other assets that the children’s natural parent left behind. A prenup that was agreed upon before the deceased spouse married can help clarify which assets the children have claim to and which they do not. You may want to consider a prenuptial agreement if you own real property or other investments, have a retirement account, or have children who are not related to your spouse. If you own a business outright or have decision-making power in another business, asking your future spouse to sign a prenuptial agreement may be among the most responsible things you can do to protect that business. Even if you are part of a small startup that has yet to see any success, a prenup can be of monumental importance since your startup’s value could potentially skyrocket or even be on the hook for substantial debt in the future. In fact, if you are marrying someone invested in a startup, a carefully drafted prenuptial agreement can help you avoid debt liabilities, credit woes, and other pitfalls that sometimes come with the startup territory. For more information on prenuptial agreements and to determine whether or not you need one, contact an experienced attorney specializing in these types of documents. Most experts advise against trying to draft a prenup on your own as each state has separate requirements for prenuptial agreements, and a document that doesn’t adhere to these requirements may not be legally binding in the end. To ensure fairness, it is also advised that each person have their own attorney review a prenup before signing. Our article archives can also supply you with a wealth of information on marriage, divorce, and prenuptial agreements. With a better understanding of what prenuptial agreements entail, some of the misconceptions people have about them, and how they may protect individuals entering matrimony, it is clear that prenuptial agreements, in theory, do not have to be controversial at all. "
How To Write A Character Reference For Child Custody,"From court hearings to internal family disputes, child custody cases are trying battles in many ways. And while each family’s situation is different, parents in child custody cases have one job – to convince a judge that being in their child’s life is in the best interest of their son or daughter. Aside from having a stable job, a home and a healthy relationship with the child, one of the most effective ways to prove fitness as a parent is with a character reference for child custody. Just like a reference letter for a job, a character reference for child custody speaks on behalf of a parent – explaining why he or she should have custody of his/her child. These letters give a judge a more personal, in-depth look at how involved the parent has been, as well as how the parent has positively impacted the child. Essentially, a character reference for child custody argues for the parent to be a part of the child’s life. Typically, the parent seeking custody should ask close friends and family to write character references. This is because they have the most credibility, being the ones to witness first-hand the relationship between the parent and child, as well as how the parent has handled the challenges of co-parenting thus far. Other people that may have enough insight on the parent-child relationship are neighbors and co-workers who have known the family for some time. However, just because a parent asks someone to write a character reference for child custody does not necessarily mean that the person should agree. One should only write a letter if he/she genuinely believes that the parent requesting is a positive addition to the child’s life. The parent seeking custody may want to ask a few individuals to write a reference letter. Later, the parent’s attorney may decide which one to submit or may choose to submit several. Doing some brainstorming before writing the letter usually makes the process much easier. Begin by considering examples of behavior between the parent and child that you have witnessed. You do not have to describe each example in the letter, but each instance may help you to distill the relationship between parent and child. For example, looking at your list you might conclude that the relationship is warm, loving, and stable. This will also help you develop a sense of authenticity as you are writing the letter. A character reference for child custody does not need to be written in a formal, business tone. Remember to keep the tone of the letter friendly and conversational. Don’t feel the need to use legal terms. It should be written in your own voice, which will depict a level of honesty and care you have for the parent you are writing about. It also isn’t necessary to write an overly long letter. One page typically will suffice. Begin the first paragraph by: In the next one to two paragraphs, describe two or three of the items from your brainstorming list. You don’t necessarily have to include events where the parent proved their devotion under extraordinary circumstances. Judges are frequently more interested in the child’s day-to-day welfare. You might also include something about: As a final paragraph, sum up why you think the parent is the best candidate for receiving custody. Provide your contact information if you have not included it elsewhere. Keep in mind that the character reference for child custody is intended to recommend why a particular parent is the right individual to care for a child. Accordingly, the character reference letter is not the place to bash the other parent or point out where the other parent may have failed in their responsibility. Maintain a focus on the good parenting skills shown by the other parent.   To learn more about child custody, take a look at How to Prove a Parent Unfit for Child Custody. "
How To Look Up My Court Date Online,"Looking for an upcoming court date? Whether you are scheduled to appear in court, or you are looking on behalf of the defendant, there are few simple ways to find your court date both online and offline. In this article, we will walk you through the information you will need to find your scheduled court date, as well as what to do if you are not able to find it online. Keep in mind, failing to show up in court at the required time and date may cause you to forfeit your case, be liable for fines, or even receive a warrant for your arrest. Many courts allow individuals to look up their court dates online in order to save time and improve attendance. Searching for your court date online is fairly simple. Before you begin the search for your court date, make sure you have your case or citation number available. This will make looking up your court date online or over the phone much easier. Any official information you’ve received regarding your case will include your case number. This includes police reports, court documentation, or official notices. The case number may be very long, and its format will vary between jurisdictions. If you are unable to find your case number, you may still be able to track down your case record and find your court date online. Most states have an online database that houses case records. Local county clerks will typically update the database regularly. To use the search engine, you will need the first and last name of the defendant, at least.  To find this search function, start by typing your state of residence into a search engine, followed by “court date lookup.” The first result should say something along the lines of “Find Courts,” “Search Records,” or “Court Calendar Search.” Click the link, and enter the appropriate information into the search engine.  Some of the more comprehensive court date lookup tools will provide you with: However, this varies by state, and some jurisdictions do not provide an updated database for users to look through at all. There is a separate court date lookup tool you can use if the case is covering a federal offense, or an appeal of a previous case at the federal level. You can find information on a federal court case with the Public Access to Court Electronic Records (PACER) tool. According to the United States Courts website, “PACER allows anyone with an account to search and locate appellate, district, and bankruptcy court case and docket information.” There is also a tool called the PACER Case Locator if you aren’t sure which court your case is under.  PACER database is updated daily.  While doing a simple Google search is the preferred method of finding information, giving the county clerk a call is the next best option. You can find the county clerk’s contact information by going to your county’s website. When you call, provide them with your first and last name, as well as your case number if you have it. Simply explain that you want to confirm an upcoming court date and time, and they will be able to search through the case records to find it.  You can also ask a lawyer that is involved in the case for information about your court date.  If you are a resident of Washington, you can find your court date online through a specialized search engine hosted by the Administrative Office of the Court for the State of Washington. After a case has been opened, county clerks will enter the information into a database that allows you to search for your court date, time, and case number.  The North Carolina Judicial Branch also hosts a website that allows you to look up your court date online. This search engine is a bit more user-friendly than Washingtons. This resource offers comprehensive information about your court date, including where your court hearing will take place, as well as the specific date and time of the hearing. The website also allows you to search for a citation or case number. All you need is your name or the defendant’s name if you are looking for someone else’s court date.  North Carolina’s Judicial Branch website also lets you view Civil Court Calendars by County and Criminal Court Calendars by County. Each case is different, and sometimes details about a court case are not shared online. Typically, this has to do with juvenile or paternity cases, as well as other cases with sensitive subject matter. Another reason you may not be able to look up your court date online is simply that it may not be uploaded yet. Details about court cases are taken from official court documents, so if you just found out that you need to appear in court, you may not be able to find the court date online just yet. Regardless, it is your responsibility to find the date and arrive on time. Other options besides looking up your court date online are to call the court that you are scheduled to appear at and ask. If you have a lawyer, you may also reach out to him or her, and he or she will likely know the court date. "
What Rights Do Convicted Felons Lose?,"Convicted felons lose rights from voting to employment, depending on their state of residence. While some of the rights convicted felons lose may be restored over time, some of the rights are lost forever. Throughout the United States, some of the general rights convicted felons lose are as follows, varying state by state: Let’s take a look at each one of these rights convicted felons lose in more detail. Convicted felons are given restrictions within the law to help protect society. In addition to losing rights, convicted felons are also required to abide by certain regulations like regular drug screenings and sobriety treatment. Can felons vote? Voting rights for convicted felons vary depending on the state of their residence and incarceration. In some states, convicted felons lose rights to vote temporarily while they are serving the length of their sentence. Upon release from jail, they are able to vote once again. In other states, convicted felons do not lose the right to vote at any time, while some states do not restore a convicted felon’s right to vote unless further action is taken on behalf of the inmate. For instance, the convicted felon can apply for a governor’s pardon or withstand a “waiting period” after they’ve been released. They might have to complete terms of probation or parole, or pay any outstanding fines, as well. You may have heard the loss of felons’ voting rights referred to as “felony disenfranchisement.” To see how felony disenfranchisement works in your state, check out this map from the American Civil Liberties Union. Just as voting rights vary state by state, regulations dealing with traveling abroad vary by country. In the United States, if you are a convicted felon because of a drug-related felony, your passport may be revoked while you are serving out your sentence, including probation or parole. However, the US is not the only country that implements travel restrictions if you are a convicted felon. Other countries enforce strict border control when it comes to allowing convicted felons into their territory. Canada, for example, has access to information about convicted criminals in the US through the US National Crime Information Center. So, if you are a convicted felon attempting to travel from the US to Canada, you may receive a background check before crossing the border. This could result in not being allowed to enter the country. This is not the case for all countries, though. Many places do not have access to the same amount of information as Canada, so convicted felons can usually travel abroad without having any issues. It is possible for a convicted felon to receive firearm rights, though the process of doing so is easier in some states than in others. Gun restoration laws often require a convicted felon to either apply for felony expungement, petition for restoration of firearm rights, receive a governor’s pardon, or receive a federal pardon in order to have the right to purchase a gun again. Some of the most important rights that are impacted by a criminal record are employment rights. At the federal level, an employer is not allowed to use a prior conviction as a reason not to hire someone, unless the crime directly relates to the job. These include: At the state level, however, employment rights can look a bit different. Employers are allowed to consider a convicted felon’s criminal history when deciding whether or not to hire him or her. Many private employers will conduct background checks and choose not to hire felons. They are allowed to discriminate in this way, but it is not a requirement. In addition to not being allowed to serve on a jury in most states, convicted felons are not allowed to apply for federal or state grants, live in public housing, or receive federal cash assistance, SSI or food stamps, among other benefits. Depending on the crime, convicted felons don’t necessarily lose all parental rights, unless the person was convicted of a more serious offense – like murder. However, in situations where the convicted felon was the only parent involved in the child’s life, and the child was put into foster care for an excessive amount of time, the convicted felon may lose parental rights. And while convicted felons may not legally lose parental rights at the time of a conviction, it may affect parental rights down the line, especially in the case of custody battles or divorces. A felony conviction is almost always a red flag for any judge to award custody to the other parent. Most felons’ rights that are lost during incarceration will be automatically restored when they are released from jail. However, if you are unsure what your rights, discuss this with a criminal defense lawyer. Since some rights are not automatically restored in some states, like the right to purchase a firearm, you may want to discuss how to appeal this with the attorney. Another common reason convicted felons might need legal assistance is for child custody. If you have been in jail or prison and have lost your parental rights, speak to a child custody attorney to determine what you need to do upon your release. In addition to all of these lost rights, a felony conviction is a permanent stain on a person’s record. Even if these are not necessarily lost rights, he or she may find difficulty getting a lease, applying for a loan or filing official paperwork in any capacity. To learn more about the rights convicted felons lose, here’s a deeper look at employment rights and firearm rights. "
Best Way to Write a Professional Letter to a Judge,"Writing a letter to a judge can be extremely impactful if it is written properly. Whether you are writing as a victim or on behalf of a defendant, it must be written in business-style and in a professional tone in order for the judge to take the letter seriously. There are a few main reasons someone would need to write a letter to a judge. In many cases, family members or friends will write a letter to a judge before sentencing, to illustrate a defendant’s character. Other times, these letters are written by victims (or their family members) to showcase how the defendant’s actions have been damaging to them. The letter will express how the person on trial has impacted others — positively or negatively. It will ask for a specific outcome from the judge, whether it is a reduced sentence or maximum sentence. Another reason someone might write a letter to a judge is regarding custody of a child. Family members and friends of the parents and child may feel obligated to share their experiences with the adult and why or why not they would make a fit parent. Other reasons for writing include a request for an inmate’s early release or a recommendation for someone’s legal status. In this article, we will discuss how to write a formal letter to a judge, along with the proper format and a sample letter. If writing a letter on behalf of the defendant, talk about the positive aspects of the defendant’s character and explain how the sentence will affect the defendant and his or her family. A victim can write his or her own victim statement as well, which is quite impactful since he or she is the person most closely affected by the crime. If a family member or friend of the victim writes the letter, include statements regarding how others around the victim have been affected. The best way to write a letter to a judge is in business style, which is a formal way of structuring your message (outlined below). In addition to following a business-style structure, you should write the letter in a professional tone to ensure the judge will take your letter seriously. Write in the language you are fluent in, whether or not that is English. This will help you get your ideas across accurately and clearly, rather than writing in a language you are not entirely comfortable with. There will be someone available to the judge to translate your letter. You do not have to be a professional writer to draft a clear, concise, and accurate letter. However, the best way to write a letter to a judge is to pay very close attention to detail while writing, ensuring you run the letter through a grammar checker (like Grammarly) and spelling checker to remove errors. But remember, grammar and spelling checkers are not foolproof, so proofread your letter a couple of times before finalizing it. Start with the envelope, writing to the judge in this format: There is much more to consider than the professional tone — there is a precise and proper format to follow when writing a letter to a judge. If you choose to type the letter on a computer, get it printed on high-quality stationary or card stock, not regular printer paper. If you choose to write the letter by hand, again — use high-quality paper and stay away from lined paper. As you start writing the contents of the letter, keep everything left-aligned, starting with your information. Follow the order of this format, leaving a space in between each section: 1. Your Information (first thing that goes on the inside of the letter) 2. The Date 3. The Judge’s Information 4. What the Letter Is Going to Address 5. Salutation Before you write the address on the envelope and on the letter itself, be sure you know the judge’s proper title, whether it is Chief Justice, Justice, Chief Judge, or Judge. If you are unsure, you can look up this information on the Federal Judicial Center website. 6. Body  After addressing the letter, you will start by clearly stating who you are — your first and last name — as well as your occupation and your state of residence. If you are well known in your community, your family name or place of work might make you more reputable in the eyes of the judge. Next, express exactly why you are writing. Include the name of the victim or the defendant, how you know the defendant, and why you’re writing on behalf of them. Then, state specifically what you want the outcome to be. If you are a victim or writing on behalf of one, you can write about how the crime has affected the victim physically, emotionally, or socially. Explain how the victim’s life and the lives around him or her have been changed. If you are a defendant writing your own letter requesting leniency, you should include in the letter that you accept responsibility and explain what you will do to change your life. The letter should be no longer than one page. 7. Signature When signing the letter, you should close out with “Respectfully” or “Sincerely,” followed by both a typed and handwritten signature with your first and last name. (Name) (Address) (Date) Honorable (Name of Judge) Judge of (Name of Court) Mailing Address Re: Defendant’s Name, Case Number   Dear Judge (Last Name): My name is (first and last), and I am a doctor in the state of Nevada. I am writing on behalf of my brother, (defendant) to request that he receives primary custody of his two children, (name and name). The custody hearing is scheduled for (date). My brother has been an excellent father since both of his children were born, attending every sporting event, maintaining a well-paying, steady job, and taking them to church each week. Through his divorce from his wife, he remained stable and active in his children’s lives, never wavering in his love and support for them. In addition, he has familial support including myself, our parents, and our sister. Respectfully, (Name) While we’ve covered the best way to write a letter to a judge, there are some things that are not appropriate to write about, such as evidence for a case. If you have information about a case that has not been presented to the authorities, you are responsible for contacting the police and turning over the evidence. If you are a victim and need help communicating your story, here is our guide on How to Write a Compelling Victim Impact Statement. If you or someone you care about is facing the court system, you probably have lots of questions. A local attorney can evaluate your case for free so you can get some answers and peace of mind. "
How Can A Convicted Felon Receive Firearm Rights?,"The Second Amendment of the U.S. Constitution guarantees the right of all U.S. citizens to bear arms except in certain circumstances. One of these circumstances is if you are a convicted felon. Felons often find it difficult to have applications for firearm rights accepted, especially if they were convicted of violent crimes. For felons with a criminal record, it is harder but not impossible to legally own a gun. They just need to go through the necessary bureaucratic and legislative processes. So, how can a convicted felon receive firearm rights? Under federal law, convicted felons lose their firearm rights, which is a decision that stemmed from a law developed in 1934. At that time, the federal government mandated that no person convicted of a felony involving violence would be able to have his or her firearm rights restores. Since the Gun Control Act was passed in 1968, anyone convicted of a felony – whether or not it involved violence – loses his or her firearm rights. However, state laws may differ from those at the federal level. Varying state by state, gun restoration laws offer convicted felons opportunities to regain their firearm rights, and in some places, it is easier than others. For instance, in Indiana, a person can petition to the courts to have their firearm rights restored, and in Kentucky, a convicted felon can apply for expungement – but not until five years after his or her sentence has been completed. All in all, if you are looking to have your firearms rights restored, be sure to look into your state’s laws to ensure you are proceeding legally, with the correct information. Depending on whether the felony was a state or federal offense, a convicted felon’s process of getting the rights to bear arms will vary. This is known as adjudication and will involve contacting the Department of Justice in the state or one of several federal agencies. Many states and agencies have an existing form for felons to apply to have their civil rights restored. Generally speaking, these forms will only be accepted if the person can prove that their life has changed and that they are reformed. The person may be required to show proof such as a steady job and ties to the community, and they may need to wait a significant amount of time before being allowed to apply. The process involves finding this form and filing it with the appropriate authorities. As previously stated, some states will allow convicted felons a second chance. Apply for felony expungement means the felon’s criminal records will be erased (as though the crime never happened), thus restoring his or her rights to purchase and carry a firearm (if applicable in his or her state of residence). Check your state’s website to determine what makes someone eligible for expungement, and discuss further with an attorney that is able to analyze your particular situation. If you are eligible for expungement in your state, you must first file a petition with the courthouse. After the proceedings, your record may be expunged, in which case you may be able to restore your firearm rights. Lastly, in some states, you may be eligible for a Petition of Restoration of Firearm Rights. Typically, the state will only consider you if you were charged with a crime unrelated to violence. Several states like California, Louisiana, New Jersey, New York, and Oklahoma will restore a convicted felon’s firearm rights if he or she receives a governor’s pardon. To receive a Governor’s Pardon, you must apply through your state of residence – but only if you are eligible. Here’s how to apply for a Governor’s Pardon. The only other federal recourse is to petition for a presidential pardon. This process requires the assistance of a lawyer and can restore a variety of civil rights including the right to hold public office in addition to the right to bear arms. It is easier to get civil rights restored if a felony conviction was given by a state court rather than a federal court. However, a problem arises when state laws conflict with federal laws, which are often stricter and may take precedence even if the conviction was ruled by state authorities. If this is the case or if a felon had his conviction given by a federal agency, they will have to file with the:   The agency will then review an application to restore the rights to bear arms. The problem then becomes that this agency is notorious for simply failing to review the documents, leaving former convicts in a sort of legal limbo while waiting for their firearm rights to be restored. This is the case even if felons were not guilty of violent crime convictions. Because laws are ever-evolving, it can be confusing and rather difficult to attempt to restore your firearm rights if you are a convicted felon. However, there are gun restoration lawyers available to provide expert and realistic legal advice when it comes to receiving your rights again. Wondering what other rights convicted felons lose? Here are six other rights convicted felons lose after committing a crime. "
6 Different Types Of Alcohol-Related Crimes Explained,"There are many types of criminal charges a person can face after consuming alcohol. Many depend on the jurisdiction where a police arrest was made, and some may include charges relating to the consumption of other substances. These charges range from public drunkenness to driving while under the influence. While some may result in misdemeanor charges, others may carry more serious criminal charges resulting in jail time. It is important for everyone planning to consume alcohol in public or in private to be aware ahead of time of various state and local laws which may apply to consuming too much. In most states, operating a motor vehicle with a blood-alcohol content (BAC) level of 0.08 or higher is illegal. Those driving commercial vehicles, such as trucks transporting goods, may be charged with drunk driving with a BAC of only 0.04 or higher. In some states, BAC levels which may result in a drunk driving charge may be even lower for regular drivers. For example, in Utah, a person can be charged with driving under the influence with a blood-alcohol content of only 0.05. Alcohol-related charges do not only involve driving a motorized vehicle while under the influence of alcohol, however. In some jurisdictions, riding a bicycle, a lawnmower, or even a skateboard with a BAC of 0.08 or more may result in an arrest. While most tend to think that alcohol-related charges stem from driving, the fact is that there are several other offenses which can be applied to a person who has consumed alcohol above the legal limit, and people should be aware of them before they choose to do so. Driving Under the Influence – Often referred to as a DUI, DWI, or OVI, driving under the influence of alcohol or drugs is one of the more serious charges one can garner. Wet Reckless – Reckless driving may be a crime in and of itself. However, when a driver has consumed alcohol and is suspected of reckless driving, this is known as a wet reckless in some jurisdictions. This charge may differ from a DUI in that a person’s BAC may technically be within the legal limit or considered to be right at the limit’s borderlines. Commonly cited as a misdemeanor or infraction, a wet reckless can be counted as a prior DUI conviction if a person is ever stopped for a drunk charge a second time. Whether driving under the influence or a wet reckless charge applies, alcohol-related charges typically include an arrest and a court appearance. Beyond a brief time spent in jail and the inconvenience of appearing in court, alcohol-related charges can also lead to: It is not uncommon for people to also lose employment after incurring certain types of drunk charges, too. Each of these penalties is used as hopeful deterrents to future alcohol-related crimes. Although exact charges and penalties vary from state to state, most apply a variation of all of the above. The types of alcohol-related charges and their subsequent penalties may also depend on whether it is a person’s first offense or if they’ve had previous offenses. While DUI-related offenses are the most common types of drunk charges, others do not involve a moving vehicle and may include: Merely being drunk in public may be a crime in some municipalities. Typically, these laws are enacted so that the general public doesn’t have to come into contact with people who are under the influence of drugs or alcohol. Under this category, “drunk walking” may also be considered. While not a legal charge, people walking while intoxicated are less likely to observe safety laws, which may lead to injury or death. As such, police may observe someone walking while under the influence of drugs or alcohol and stop them for public intoxication as an effort to prevent such accidents. It is no secret that bad conduct is sometimes fueled by alcohol. Laws against drunk and disorderly conduct are similar in design to those of public intoxication. People who are belligerent or who become a nuisance while intoxicated can be cited or even arrested for drunk and disorderly conduct when in a public place. Typically, this does not include social gatherings where alcohol is being served but relates mostly to places where others are not drinking and drunken behavior is considered offensive, threatening, or is causing a spectacle. The legal drinking age in most of the United States is 21 years of age. In some U.S. territories, the age may be 18 years of age. Minors found consuming alcohol before the legal age may be cited or arrested for underage drinking. Anyone found giving an underaged person alcohol can be charged with a crime. Selling alcohol to a minor or purchasing alcohol on behalf of a minor falls under this category. Also known as contributing to the delinquency of a minor, providing drugs or alcohol to a child are expressly forbidden by law. Other, more serious, offenses may not be specifically classified as types of drunk charges, but are commonly associated with intoxication and may include: Everyone consuming alcohol should be aware of the effects of consuming too much. The same applies to people partaking of mind-altering drugs, even when prescribed by a doctor. Various types of criminal charges may be applied if police stop a person suspected to be under the influence and other crimes committed under the influence can be life-altering. The acronyms used to describe the different types of drunk driving charges may also be different. Here is a brief list of those used in different municipalities: While reviewing the different types of alcohol-related charges, it is worth noting that having an open container of alcohol inside a car or truck is also illegal in most jurisdictions. This can lead to charges whether or not any alcohol has actually been consumed. In fact, currently, 43 states have “open container” laws. Under these laws, each and every adult passenger, as well as a driver, may be cited for an alcohol-related charge. Penalties for these charges may increase in severity if a vehicle crash occurred while an open container of alcohol was present inside the car or truck. While the types of alcohol-related charges can vary according to the jurisdiction where they were first applied, all charges carry some sort of legal penalty if a person is found guilty. Convictions can damage a person’s personal and professional reputation, as well as have a direct impact on employment and future earnings. Such can also be expensive as legal fees, fines, impound costs, alternative transportation expenses, and costs relating to property damages may apply. Certain types of drunk charges can certainly affect one’s ability to drive a moving vehicle in the future and some may even result in a person being jailed or imprisoned. For those of legal age to drink, being intoxicated is not a crime. However, many restrictions and responsibilities accompany drug and alcohol consumption. Being aware of these before making the decision to drink alcohol can help a person avoid serious charges and their repercussions. Anyone suffering from alcoholism or other forms of addiction should seek immediate medical attention. However, it should be noted that a person does not have to be an alcoholic to encounter one of the aforementioned types of drunk charges. For more information on the different types of drunk charges, visit our library of legal articles on this topic. If you or someone you know has been charged with an alcohol-related crime, becoming familiar with the specific types of charges in your state is recommended. Legal help should also be sought from a qualified attorney in your area who specializes in all types of drunk charges. "
What Can You Do at 18 Legally?,"Turning 18 is a milestone for any young adult, from gaining legal rights and responsibilities to feeling a newfound sense of freedom and maturity. While it’s an exciting time in any person’s life, it’s important to understand exactly what factors change when you turn 18 in order to establish yourself as a respected and valuable member of your community. From purchasing fireworks to registering to vote, here’s what you can legally do when you’re 18: If you’re nearing the age of 18, you have likely seen the meme circulating on social media that says “don’t grow up, it’s a trap.” Maybe you rolled your eyes or became overcome with fear — but either way, adulthood is inevitable. And while most 18-year-olds in the United States still live with their parents, they are legally allowed to do many new things upon entering adulthood. It is important to keep in mind that the responsibilities and consequences of being 18 are much more severe than they were as a minor. You are legally responsible for all of your actions, assets, and decisions. Cheers to 18 years! The 26th amendment to the Constitution, enacted on July 1, 1971, established the legal voting age for Americans as 18. You can vote in all national and local elections once you are registered to vote. As a legal adult, you can enlist or be drafted into a branch of the military. To help save the lives of others, you can register to donate blood, as well as become an organ donor. As a minor, you were only allowed to work a certain about of hours at your job because of child labor laws. But as a legal adult, you can work full-time and overtime. From scratch-off tickets to the Powerball, anyone 18 and older can play the lottery. If you work for a company that has heavy equipment or provides transportation services that require special driving permits; you can now train for and acquire a special driving license. The legal age to buy tobacco products has recently changed from 18 to 21 in some states across the US, but the majority of states have kept it at 18 years old. States that have changed the age to 21 include Hawaii, California, New Jersey, Oregon, Maine, Massachusetts, as well as 350 cities. Most states have a legal curfew for minors when it comes to the time they are able to be out driving at night. If pulled over past a certain hour, a person under 18 would receive a traffic violation. The federal government has established 18 as the age of consent to legally engage in sexual activities with another person aged 18 or older. The age of consent may be younger or older according to your state’s law. Having a job may be a requirement for loan approvals. Credit card companies are known to target the younger crowd. You can apply for your first credit card without a cosigner once you turn 18. Before eighteen, you have to have a parent accompany you when you go to get a tattoo or piercing. If you aren’t happy with the name your mom and dad gave you when you were born, you can now name yourself something different by filing a petition in the local civil court. Anyone who is 18 years or older and mentally competent can file a lawsuit. When you turn 18, you can get married without parental approval in 48 of the 50 states. Mississippi requires you to be 21, and Nebraska requires you to be 19 before you can get married without parental consent. Legally, you can adopt both a puppy and a child when you turn 18. Your likelihood of getting approved for either, however, is another story. While it seems like a far stretch, it’s a great idea to develop a Will earlier in life to ensure your assets are accounted for if anything were to happen to you. For obvious reasons (graffiti, safety, etc.), there are certain items you cannot buy until you turn 18 years old. Now that you can apply for a loan and work full-time, you can also purchase more expensive investments like land, a home, or a vehicle. Unless you apply for emancipation, you are legally supposed to be living at home with your parents until you are of age to move out. 1. If you are a male, you are required to register with the Selective Service System within 30 days of turning 18. According to the law, you can be prosecuted if you do not register. If convicted, you can be fined up to $250,000 and/or spend up to five years in jail. 2. As a legal adult, you are now responsible for your actions. If you violate any law, you will be charged as an adult. 3. You can be selected for jury duty. 4. You are legally obligated to pay all debts you incur. While turning 18 comes with many new opportunities, rights, and responsibilities, there are a few restrictions that have yet to be lifted, like purchasing and drinking alcohol (21 years old), purchasing tobacco products in some states (21 years old), going to a casino (21 years old), and renting a vehicle (20 to 25 years old). For more details on your rights and responsibilities as a legal adult, check out additional information on Privileges of Turning 18. Now that you’ve turned 18, the stakes are higher. If you have a legal matter that you need help with, get a free case evaluation from a local attorney. "
What Does Fed OASDI/EE Mean on a Paycheck?,"OASDI/EE is an acronym meaning, “Old Age, Survivors and Disability Insurance/Employee Expense.” It is, however, also known by a much more common name — Social Security. The program began in 1935 with the Social Securities Act and is a wide-reaching program that affects many Americans every year. Benefit payments paid through the Social Security program are financed through the OASDI/EE tax on employees and employers (employers must match the percentage paid be each employee). The Fed OASDI/EE tax provides the funds to pay out Social Security benefits. These benefits cover a wide range of recipients and causes:     There are different types of benefits under the OASDI/EE (Social Security) umbrella. Paying the OASDI/EE tax does not necessarily automatically make an individual eligible for Social Security retirement, survivors, and disability benefits, but it does affect how much of those benefits an individual is able to collect upon becoming eligible.    To qualify for Social Security benefits, an individual must earn a certain number of credits over time. These credits are based on earnings and, combined with work history, are used by the Social Security Administration (SSA) to determine eligibility for retirement and disability benefits or a family’s survivors benefits.    In 2021, an individual receives one credit for every $1,470 of earnings up to a maximum of four credits each year. Every year, the amount of earnings required to gain a credit goes up a small amount to reflect the increase of average earning levels. As outlined by the SSA, here is some eligibility information for various types of Social Security benefits:   Retirement Benefits: “Anyone born in 1929 or later needs 10 years of work (40 credits) to be eligible for retirement benefits.”   Disability Benefits: “How many credits you need for disability benefits depends on how old you are when you become disabled.   Survivors Benefits: “When a person who has worked and paid Social Security taxes dies, certain members of the family may be eligible 4 (over) for survivors benefits. Up to 10 years of work is required to be eligible for benefits, depending on the person’s age at the time of death. Survivors of very young workers may be eligible if the deceased worker was employed for 1½ years during the three years before his or her death. Social Security survivors benefits can be paid to:    In general, Social Security benefits fall under three categories: Retirement benefits are available for workers 62 and older or who have earned at least 40 Social Security credits. While there are many intricacies retirement benefits, two aspects are particular important to note — average indexed monthly earnings (AIME) and full retirement age (FRA).   Along with the age at which an individual begins collecting benefits, the AIME determines the size of the benefit checks. The Social Security Administration calculates this amount. According to the SSA:   “When we compute an insured worker’s benefit, we first adjust or “index” his or her earnings to reflect the change in general wage levels that occurred during the worker’s years of employment. Such indexation ensures that a worker’s future benefits reflect the general rise in the standard of living that occurred during his or her working lifetime.   “Up to 35 years of earnings are needed to compute average indexed monthly earnings. After we determine the number of years, we choose those years with the highest indexed earnings, sum such indexed earnings, and divide the total amount by the total number of months in those years. We then round the resulting average amount down to the next lower dollar amount. The result is the AIME.” — Social Security Benefit Amounts, Social Security Administration    An individual must wait until their Full Retirement Age (FRA) to collect standard benefits based on their AIME. For people born between 1943 and 1954, the FRA is 66. The age then increases by two months every year after 1954 until reaching age 67 for people born in 1960 or later. Social Security disability benefits for adults 18 years old or older who can’t work because of a physical or mental disability that is expected to last more than 12 months or end in death. The 40-credit threshold isn’t always necessary to collect these benefits and the amount of each check is determined by average lifetime earnings. This means someone who worked longer before becoming disabled will collect more in benefits than someone who worked for a shorter time.   The application for Social Security disability benefits should be followed closely to ensure a timely decision. The general process for applying (as collected from the Disability Benefits section of the SSA website) is:   Social Security survivors benefits are for family members of deceased workers who were collecting or who were qualified for Social Security. Spouses 60 or older (50 or older if they’re disabled) can claim these benefits and spouses of any age can claim these benefits if they are caring for the children of the deceased. Ex-spouses can also claim these benefits if they were married for at least 10 years and have not remarried.    Children of the deceased are eligible for benefits if they are 18 (19 if still enrolled in high school) as are disabled children of any age if they became disabled before age 22. Parents of the deceased may also be eligible for benefits if the deceased was providing at least 50% of financial support before death. Each year, there is a limit to the amount of earnings subject to the fed OASDI/EE tax. This calculated by a response to changes in the national average wage index. There is also a “taxable maximum.” The taxable maximum is the limit of earnings that are taxed.    The fed OASDI/EE 2021 tax rate is 6.2% with a taxable maximum of $142,800 (an increase from 2020 taxable maximum of $137,700). This means 6.2% of your wages are taken out of your paycheck and put toward the OASDI/EE program. It also means an employer must match that 6.2% for each employee. With the maximum taxable amount of $142,800 and the tax rate of 6.2% in place, an individual earning $142,800 or more would contribute $8,853.60 to the OASDI/EE program in 2021.               Those who are self-employed, such as freelancers, business owners, and independent contractors, have to pay 12.4% of their gross income to Social Security. This accounts for both the employer (6.2%) and employee (6.2%) share of the Fed OASDI/EE tax. However, there are certain tax deductions self-employed people can claim to avoid paying as much in taxes.   It’s important to remember that the maximum taxable amount does not change for an individual who is self-employed — just the OASDI/EE tax rate itself. Let’s take a look at the breakdown of individual 2021 fed OASDI/EE taxes and payment limits for self-employed individuals again.         Whether you are employed by a company or are self-employed, knowing where you stand when it comes to income taxes is extremely important to avoid under or overpaying the IRS.  When Fed OASDI/EE tax rates increase, it reflects a cost-of-living adjustment (COLA) for citizens on Social Security. The size of the COLA depends on inflation rates. As prices of necessities go up, individuals receiving Social Security need to have their benefits increased to keep up with the cost of living.   Employees need to remember that that Fed OASDI/EE tax is completely different from federal income taxes. The federal income tax is just what it sounds like. It is the amount of your income that is taxable. Federal income tax is determined by how much you earn and how many dependents you claim. For example, an individual can claim themselves, their spouse, and each of their children as dependents.   The federal government uses withholding tax to fund food stamps, housing assistance, national defense, meals for school children, and energy assistance. Federal income tax also pays for infrastructure and research.   A 1.3% COLA went into effect on December 31, 2020. For a look at the history COLA amounts throughout the years, consult this chart from the SSA. The fed OASDI/EE tax amount can change annually, and the amount is set by law. The taxable maximum, however, changes based on fluctuations in the national average wage index. Because of these    The fed OASDI/EE 2021 tax rate is 6.2% (and has been since 1990) and the taxable maximum is $142,800. 6.2% of earnings are taken out of a paycheck and put toward the OASDI/EE program. It also means an employer must match that 6.2% for each employee.   If the taxable maximum changes in 2022, an individual’s total contribution amount could also change depending on their earnings. It’s also possible, however, for an individual’s fed OASDI/EE tax contributions to change during the year.   For some individuals, it can be possible to see changes to the amount of earnings taken out of a paycheck over the year. The most common reason for this change is because of reaching the maximum taxable amount for that particular year.   For instance, the maximum taxable amount for Fed OASDI/EE in 2021 is $142,800. That means 6.2% (the Fed OASDI/EE tax rate in 2021) of an individual’s earnings is taxed up to $142,800. If, throughout the course of the year, an individual’s earnings exceed that $142,800 maximum taxable amount, it’s possible to see an adjustment on the earnings afterward. Yes, OASDI/EE tax is mandatory for the majority of both employees and employers. There are certain exceptions, but they typically don’t apply to the average individual. These include:   Yes, OASDI/EE (along with the Medicare tax, Fed Med/EE) is what is generally referred to as federal withholding tax. These taxes are funds that are remitted by a payer (usually an employer) on a payee’s behalf (usually an employee). The 6.2% OASDI/EE tax is part of that process.   OASDI/EE taxes are based on a flat percentage of an individual’s salary (6.2% in the case of 2021) and do not allow for any deductions like one might apply to income tax. Because of this, refunds on OASDI/EE taxes are uncommon — but not impossible.   If an individual’s maximum tax amount is reached by wages earned by one employer ($142,800 for 2021) and that same individual earned more wages from another job, OASDI/EE taxes would still be taken out of the second position’s earnings. Because this amount would exceed the maximum tax amount, that individual would need to file for a credit on their tax return.    As outlined above, needing to file for a refund on OASDI/EE taxes is fairly rare. There are, however, instances in which an individual will need to file for a refund if the maximum taxable amount was reached and more OASDI/EE taxes were paid.   In these circumstances, the overpaid amount must be filed in the individual’s tax returns. This is done on Form 1040, Line 71 — Excess Social Security. By adding up the amount of OASDI/EE taxes on each W-2 an individual receives and then subtracting the maximum taxable amount from that total ($142,800 for 2021), the amount of Social Security tax credit can be calculated. Because of the COVID-19 pandemic, a plan was put into place allowing employers the option of deferring OASDI/EE taxes from September 1, 2020 through December 31, 2020. While the original notice required employers to pay the deferred taxes ratably from employee taxes from January 1, 2021 until April 30, 2021, the IRS announced a new timeline in January 2021. The Consolidated Appropriations Act, 2021, (signed into law on December 27, 2020) extended that pay period to the entire year of 2021 — January 1, 2021 through December 31, 2021. Payments made by January 3, 2022 will be deemed timely due to December 31, 2021, being a legal holiday. Penalties, interest, and additions will now start to apply on January 1, 2022, for unpaid balance.   If an individual’s OASDI/EE taxes were deferred by an employer, the collection of those taxes could have already begun. An employee in such a position should contact the payroll department for information on the exact collection schedule. "
What Is a Police Welfare Check?,"If you have a family member, friend, or neighbor that you are concerned about, it may be time to contact the police to do a welfare check. Whether it is an elderly person that may have passed away in their home, a person having suicidal thoughts, or a neighbor that appears to be in danger, a wellness check can be a lifesaver. In this article, we will discuss what a welfare check is, when it is appropriate to request one, and how to ask the police for one. A welfare check, also known as a wellness check, is when police stop by a person’s home to make sure they are okay. Requests for welfare checks are made by friends, family, and neighbors, typically after someone unexpectedly stops answer their phone or getting in touch with others. Most people think of the police as patrolling the streets looking for wrongdoers or responding to calls. What many people don’t realize is that the police in their community are also available to conduct welfare checks. This essential law enforcement function is an important tool for building safe communities. Wellness checks were once associated with the elderly, but have recently been a critical tool for the safety of many young people in the country. With the rise in suicide rates among adolescents and young adults, police are doing welfare checks more and more often for those who are at risk of taking their own lives. Here are common reasons to contact the police about a wellness check are: Regardless of the situation, it is important that you are certain a loved one is in danger before you request a police welfare check. The first step is to get in contact with local law enforcement authorities. You may call 911 if you have reason to believe that there may be an emergency situation in progress. However, you can also contact the police through a non-emergency phone number. Either way, you will need to get in touch with the local police department in the person’s town where the welfare check will be conducted. If you live in that same area, you may be permitted to accompany the authorities. It is also possible to request a welfare check in another jurisdiction. For instance, if a relative living in another state has not responded to your attempts to contact them for some time, you may want to ask for a welfare check at their residence. It is important to proceed with caution. You’ll want to be reasonably certain that your relative’s behavior is out of character and have reason to believe that something is truly amiss before calling the police. No court order is required for the police to conduct a welfare check. Essentially, as long as they have reasonable grounds to believe that an inhabitant in a residence in endangered, they can legally enter the premises. They typically knock on the door and await a response before announcing their law enforcement affiliation. If they still receive no response, they may enter the property. This is particularly useful when someone inside the house is unconscious or otherwise unable to respond. The ability to enter the property without permission means that emergency aid can be rendered. In some cases, this is a life-saving intervention. At the time of the call, most people don’t think about what’s to follow after the authorities check on the individual. If the police go to the location and find that the person is in good health — and it was likely a miscommunication why you were unable to get ahold of him or her — they will notify you to let you know. However, if the police find the person injured, sick, or already deceased, they will call for medical assistance immediately, as well as contact you to come to the scene (they will stay at the home until you arrive). And lastly, if the individual is found dead and there was any foul play involved, a criminal investigation will follow. And while there are countless reasons why someone may request a police welfare check, the most common reason is to check on an elderly person who lives alone. If you’ve never requested a welfare check or experienced one yourself, you may have seen this topic covered on the news. One of the most broadcasted police wellness checks was done at actor and comedian Pete Davidson’s home. Most people know Davidson for his time on Saturday Night Live, as well as his short engagement to Ariana Grande. Following their split last winter, Davidson shared some disturbing thoughts via Instagram, prompting someone in his life to call the police and ask them to check on him. Davidson posted the following cryptic message: “I really don’t want to be on this earth anymore, I’m doing my best to stay here for you but I actually don’t know how much longer I can last. All I’ve ever tried to do was help people. Just remember I told you so.” Fortunately, an officer from the New York Police Department did a wellness check and later reported that Davidson was out of harm’s way. Another welfare check that made the news recently didn’t end as well as Davidson’s. According to CNN, a wellness check went “deadly” when police went to check on 28-year-old Atatiana Jefferson in her home after a neighbor requested a welfare check for her. Upon arriving at her home, an officer shot and killed Jefferson. Are you having difficulty with a family matter? Have your case evaluated for free by a local attorney who can help you take the next steps. "
The Legalities Of Hate Speech,"Often discussed on a variety of platforms, hate speech and the legalities associated with it can be a hotly debated topic. Hate speech is loosely defined by laypersons as any offensive speech targeted toward people based on race, religion, sexual orientation, or gender. Opinions about how such speech should be handled by legal authorities vary. Few seem to be familiar with the actual legalities of hate speech, and it is not uncommon for it to be confused with other crimes where hatred is believed to be a motivating factor. In the United States, there are no laws against hate speech. Due to rights protected by the U.S. Constitution’s First Amendment, a person can say just about anything he or she wants to another person or group. By itself, such speech is allowed to take place without penalty under the law. A person hurling insults, making rude statements, or disparaging comments about another person or group is merely exercising his or her right to free speech. This is true even if the person or group targeted by the speaker is a member of a protected class. According to U.S. law, such speech is fully permissible and is not defined as hate speech. Under the First Amendment, American citizens have the legal right to say whatever they’d like to. While much ado is often made about so-called “hate speech”, no satisfactory definition for this type of speech exists within the confines of the law. Not to be confused with “hate crimes,” a person’s speech does not affect another person’s physical condition or personal property and is, therefore, not punishable by law. There really aren’t any exceptions to this rule, but there are accompanying circumstances which can lead to a crime. For example, harsh words can feel threatening, and such a threat may result in criminal charges. Depending on the jurisdiction where the threat takes place, charges can range from a terrorist threat to harassment to criminal assault. For example, a person who makes bigoted statements while threatening bodily harm to a person of the Muslim faith can be charged with a crime. Charges would not be brought about simply due to any insulting language used, but charges may be applied because it is illegal to make threats against a person. For the same reasons, this would also include inciting violence against a group being discriminated against. Again, it is not the speech that is deemed to be illegal, but rather what the speech is threatening or encouraging others to do. It should further be noted that individuals employed by the Federal Government are not allowed to discriminate against any members of a protective class. Therefore, any speech representing hostility or disdain for a member of a protected class, may not be illegal but may result in the dismissal of the employee making such statements. Members of a protected class are identified by: If allegations of hateful speech are proven, a person found guilty of discriminating against one of the above groups would not be legally charged with hateful speech but could be declared guilty of discrimination and summarily dismissed from work. A 1969 U.S. Supreme Court case ruled it was perfectly legal for Clarence Brandenburg, a Ku Klux Klan member in Ohio, to speak in favor of violence toward minorities as long as he was not directly encouraging people to engage in violence or other activities that were against the law. So, while the court did not deem his speech to have broken the law, a line was drawn between speech supporting or favoring violence and speech that actually directly incites violence. The former is protected by law, but the latter is an actual crime.   In 2011, the U.S. Supreme Court ruled against Westboro Baptist Church being punished by way of a civil judgment for actions many Americans deemed to be hateful. The church based in Topeka, Kansas, is known for showing up at the funerals of gay people and others whose lifestyles the church vehemently opposes, taunting and ridiculing grieving loved ones at the funeral services. They accomplish this by picketing outside with large signs displaying hateful rhetoric, as well as by shouting slurs and insults, and even by giving provocative media interviews using language mimicking what is displayed on their signs. Despite the public’s demands for local law enforcement to stop Westboro Baptist Church from spewing such offensive language and ideas, the Supreme Court insists that their right to free speech is fully protected under the law. Some Americans have advocated in favor of the creation of hate speech laws. Resistance to the adoption of such stems from a failure to clearly define what hate speech actually is, though. Activists have also been challenged to clearly separate hate speech from free speech without infringing on a person’s right to the latter. While the United States Constitution can be amended as it has been many times before, no one has yet been able to solve the difficulty of doing so as it applies to hate speech. Doing so would require taking away a person’s right to free speech. A single and solid definition of hate speech, which does not violate the First Amendment, continues to be difficult for courts to accept and probably will be for some time to come. A person’s speech can be used against them in establishing the occurrence of a hate crime. In some cases, it can be argued that a person’s offensive speech is literal evidence of a certain type of crime. For example, if a person is repeatedly called a racial slur, no crime has been committed. However, if the person is then assaulted by the person making those slurs, it can be argued that disdain for the person’s racial identity served as a motive for the crime against them as evidenced by the language used preceding or during the assault. If the assailant was found to be guilty and it is proven that their actions were motivated by bigotry, the offender could be charged with a hate crime. Making sense of the difference between hate speech and hate crimes hearkens back to early childhood when we all learned about sticks and stones. Actions causing harm to person or property are a crime. Name-calling and degrading speech are not. Unless or until speech directly encourages or includes harm to a person’s body or property, it is protected as an American right. Outside of the U.S., countries like Austria and Germany have strict laws against hate speech. Certain Neo-Nazi groups have found ways around anti-hate speech laws in those countries when it comes to disseminating information on the Internet. Using servers based in the United States, these groups have created websites filled with hateful rhetoric. Such sites would be illegal if associated with servers based in their home countries, but as they exist on American servers, they are completely protected by the First Amendment. Russian citizens, in particular, have struggled with differentiating free speech from hateful speech. In less than a decade, multiple laws have passed making it difficult for Russian citizens to speak publicly, especially via social media, about any discontent with the country’s government or even with certain religious authorities, such as the Russian Orthodox Church. While Russia’s Constitution shuns censorship and claims to protect freedom of thought and expression, those espousing critical viewpoints may be subject to a fine, community service or prison. To hate a person or group is not a crime in America. To voice one’s hatred is not a crime, either. Hate speech is very difficult to separate from mere opinion, and without a definition everyone can agree upon, words and statements may be interpreted by some as offensive while others may find the exact same speech perfectly acceptable and cite one’s freedom of expression. If you still have questions about hate speech, including how it may be used in determining a hate crime, you may read more about the First Amendment or consult a civil rights attorney in your area. "
Why Do Policemen Touch Your Tail Light When They Pull You Over?,"Whether or not you have ever been pulled over in your vehicle by a police officer, you have probably wondered about this age-old strategy: policemen touching tail lights when they pull you over. This occurs when a police officer gets out of his or her vehicle and approaches yours, but rather than heading straight to your window, the policeman will touch your tail light first. Rest assured this practice is completely legal and common, dating back decades — at first being implemented to mitigate the risk that police officers are often exposed to when practicing traffic law. So why do cops touch tail lights, exactly? While most times a police officer approaches a vehicle, nothing out of the ordinary will happen. But, there is always the risk of danger, especially with violence against police increasing each year. Police need to be able to examine a vehicle quickly before approaching it, and touching/tapping a tail light can tell cops a lot about the person being pulled over. For instance, this tactic can give the officer an idea of the driver’s mental state. Did the driver get startled when the officer touched the tail light, or were they too distracted by something else? Are they driving under the influence or hiding a weapon? These are questions officers must consider in the moments before approaching the driver. And while there are several theories about why cops touch your tail light, here are a few of the most common reasons. Inevitably, police officers are going to run into unsafe situations when they pull people over. Sometimes drivers will have illegal substances or prohibited items in their cars like guns, ammunition, or drugs. Naturally, if the driver does have something illegal in the vehicle, he or she will want to hide it before the officer approaches the window. So, one of the reasons why cops touch tail lights is to startle the person inside. The driver is likely not expecting the noise of the tap, which typically causes him or her to stop for a moment, giving the police officer additional time to witness what the driver is trying to hide (if there is anything). The continuous practice of this surprise tactic has proven: However, the practice of touching the tail light of vehicles can put our police officers in a risky situation. This is because this practice exposes the police officer’s position making him or her susceptible to attack. Originally, another reason why cops touch tail lights was to leave their fingerprints on the vehicle. In case the officer found himself in a dangerous situation while pulling over the subject vehicle, fingerprint evidence would prove that he or she was present at the scene. The fingerprints would only be utilized if the interaction between the driver and the cop led to a criminal investigation, like a car accident or shooting. However, this isn’t always a surefire way to help an investigation some since the fingerprints can be smudged or tampered with, as well as washed away by rain or snow. More often than not, there are better ways for police to obtain evidence from a vehicular crime scene than the fingerprints on the car. Police officers put their lives at risk everyday on the job and must be prepared for danger and violence to arise at any moment. While tapping a tail light may startle a driver and leave evidence on the vehicle, there is another tactic cops use. If the police officer believes they are in a dangerous situation as they pull you over, they may touch the backend of your vehicle on the way to your window to make sure the trunk is latched. It might sound bizarre, but this tactic ensures that no one is hiding in the trunk and could pop out. If a police officer does check that your trunk is shut, they will typically have their partner with them. One officer will check the trunk, while the other approaches your window. This is to ensure the safety of the officers and make sure the driver is not able to get away with hiding anything or obtaining a weapon while the officer is checking the trunk. Due to the rampant crimes that happen on the road, officers are exposed to greater danger than in the past. In lieu of this practice, our law enforcers, instead, have adopted new technology in implementing traffic rules. Now, there are security cameras installed on almost every corner of the road, and it’s standard for all cops to have dash or body cams recording live video of the vehicle and every interaction that happens between the driver and the officer, eliminating the original reason tail tapping was ever implemented. Some police departments still instruct their officers to leave some form of fingerprint evidence on the car, but it does not have to be a tail light. If you get pulled over and the officer still touches your tail light, it’s likely out of habit rather than necessity. Cops touching your tail light as they pull you over seems like an innocent strategy, but is it actually compromising their safety? With violence against police happening more often than ever, tail light tapping could cause officers to be in danger. F or instance, some police departments will instruct their officers not to touch tail lights at all, while others tell them to only touch the side of the vehicle, not the very back. Touching the tail light could put the officer right behind the vehicle, which would put them at risk of being hurt if the driver puts the car in reverse. As morbid as it sounds, these things happen, and officers must always be prepared for the worst as they approach any vehicle. To learn more about traffic law, check out what happens when you get pulled over without a driver’s license. If you’ve been pulled over by the cops and have questions about a ticket you received, get a free case evaluation by a local attorney to learn about your options. "
Five Tips To Help You Write An Effective Hardship Letter,"There are many homeowners in the United States who are struggling to make their mortgage payments. One option available to people is a government program that offers borrowers the opportunity to modify their current mortgages to reduce their interest rates and, in some cases, forgive part of the outstanding principal balance. Another option is to sell the home in a short sale in which the lender is asked to agree to accept less than the principal balance owed on a mortgage. Under either option, banks require a hardship letter as part of the process. A well-written hardship letter can help you to avoid foreclosure and obtain a fresh start. However, poorly written letters can cause a lender to deny a borrower’s request for a loan modification or for a short sale. The following three tips will help to make your hardship letter stand out and lead to a favorable response from your lender. Writing a hardship letter that explains how the value of your home has declined – and that your mortgage balance exceeds the value of your home – is not going to convince your lender to accept less than the full amount you owe when you sell the home. Equally ineffective is writing a hardship letter that asks a lender to modify your loan to reduce your monthly payments simply because other people you know got them from their banks. Instead, explain how your financial circumstances have changed since you took out the mortgage. Examples of situations that banks might consider as being hardships include: Interest rates have been relatively low in recent years, but if rates begin to rise, homeowners with adjustable-rate mortgages might use that as a factor in their hardship letters. Depending on the terms of the original mortgage, higher interest rates could lead to unaffordable monthly payments. The person reading your hardship letter doesn’t want to receive a novel. The letter should be concise, stating what you are requesting, followed by the hardships you are experiencing. Each hardship should receive its own short paragraph (up to four sentences) to keep things brief and to the point. Be clear about what you’re asking for in the hardship letter. The purpose of the letter is to show your bank that you are on the brink of total financial collapse, so you want it to honestly reflect the dire situation you are experiencing.  Forget the thesaurus and the fancy words, and write it using your own language. Write it so it sounds like you are talking directly to your banker. Along the same lines as being concise, you need to be straightforward about what you are requesting. For example, you might state that you need a reduced interest rate or a loan modification to make making your monthly payments possible. Banks also want to read that you have tried to resolve your financial difficulties before coming to them for help. If your hardship is unemployment, give your lender the details about your efforts to find a new job. For instance, someone who went back to school to train for a new career after losing a job should explain the circumstances in the letter. Along with your letter, you should attach the appropriate documentation to support your request. If your hardship is a divorce, send a copy of the divorce order. Or, if it’s a medical issue, you may send copies of your medical bills. Best Way to Write a Professional Letter to a Judge If you are experiencing financial troubles, you want to explore all of the options that are available to you to resolve them. Loan modifications and short sales are only two options, but there could be more depending on your circumstances. A consultation with an attorney might be helpful to learn about your options and get help with your hardship letter. "
How to Find an Inmate’s Release Date,"An inmate’s release date is accessible to the public and can be obtained with a phone call or internet search. Whether you are a family member planning a homecoming — or you’re a victim of a crime committed by the inmate — knowing when he or she will be released is valuable information. To do so, follow these quick and easy tips on how to find an inmate’s release date. To make searching for an inmate’s release date as easy as possible, you will need to know a few key details about the person. Aside from their name, you should know the name of the prison or jail, and whether it is a federal, state, or county facility, which you can easily uncover if you know the name of the prison. It’s also helpful to know the prisoner ID number. The prisoner’s age, gender, and race will help if the inmate’s name is a common one. These details can help you narrow down the search results. If you don’t know where the inmate is located, or any other pertinent information about him or her, you can start by looking it up. As long as you know the state where the inmate is incarcerated, you can use VINE (Victim Information and Notification Everyday). It offers details like inmate/offender ID, date of birth (DOB), race, gender, custody status, location, and sometimes the scheduled release date. Once you have the inmate’s information, you can move on to the next step to find out his or her release date. If the inmate you are looking for is incarcerated in a state facility, visit that state’s Department of Corrections (DOC) website and look for the online search function. It varies by state, but some Department of Corrections sites have advanced search functions. If so, you sort thorough physical descriptions and the offense. A detailed search query can quickly narrow down the results, especially in states with large prison populations. To find the DOC release date search function, type the state, followed by “DOC release dates” into your search engine. Some states will refer to these search functions as “Offender Locator,” “Offender Database Search,” or “Search for Inmates.” If the state’s website does not have an online search feature, there will be a phone number to call and find out the release date or other prisoner information. If the inmate is incarcerated in a smaller facility — like a county jail — your best bet is to give the county clerk a call and ask. However, some county and city jails have online search functions, as well. These search queries are similar to the Department of Correction’s functions, but there will be fewer results to sift through. Simply type the county followed by “inmate release” into your search engine. Some jurisdictions will refer to their search function as “Inmate Release Information Search,” “Inmate Locator,” or “Jail and Arrest Information.” These databases will house information like inmate release dates, inmate housing information, court dates, and criminal charges. Information about inmates is typically updated in the county’s database every 24 hours. Note: Not all county facilities will provide inmate release dates. It may be against their policy to share this information with the public. The Federal Bureau of Prisons website has a “Find an Inmate” page that makes it easy to locate an inmate in any federal prison. With fairly limited functionality, users can search by the inmate’s ID number from: There is also a name search option that provides opportunities to enter information about the prisoner’s race, age, and sex to make the search more efficient. The website notes that federal inmate release dates are subject to change based on the First Step Act, which allows prisoners to be eligible for early release or reduced sentencing based on good conduct. Keep this in mind if you are preparing for an inmate’s release. Note: Any inmates incarcerated after 1982 are entered into this system. Even if you know when an inmate’s release date is, it’s subject to change. Sometimes the inmate’s charges are dropped. Other times they can be released from the facility into a program or on bond. Rather than constantly checking to see if the release date changed, you may want to be notified. Just like you can search for an inmate through VINE, you can sign up to receive notifications if an incarcerated person’s status changes. VINE is a very popular, reputable resource to use for inmate release information. Another way to be notified about a prisoner’s release is to go through the Department of Corrections Victim Services. You will be contacted over the phone or by mail. Generally, to be eligible to receive these notifications, you must be the victim of a crime the inmate committed or an immediate family member of the victim. Another way to find an inmate’s release date for free is to simply ask them. Most inmates will find out when they are being released once the facility knows. If the inmate is a friend or family member, and your relationship is in good standing, this is a reliable option so you are able to plan accordingly for their release. So, you’ve gone through all the trouble to find out when an inmate’s release date is. Maybe you’ve planned a special homecoming for a family member. Or maybe you are concerned about your safety when the inmate is released. Either way, it’s helpful to know if an inmate’s release date changed. Prisoners can, in fact, be released earlier than their original release date if they are out on parole. However, federal inmates, repeat offenders, or prisoners who were arrested for violent crimes typically are not eligible for parole. But they may be able to get a reduced sentence as a result of good behavior. If an inmate’s release date changes, it will be processed and updated in the jail or prison’s database. If you are looking for information about someone who may have been arrested, here is the best way to find someone in jail for free. If you or a loved one are concerned about an inmate’s release date, you should take action. A local attorney can provide a free case review so you can learn what your next steps might be. "
Where to Find Recent Arrests,"To determine where to find recent arrests, start on a local police department’s website. Other law enforcement agencies may also be useful, but choosing one largely depends on the level of crime a person has been arrested for. In some cases, it may be necessary to make a phone call or an in-person visit to a government office to obtain recent arrest details. In many jurisdictions, however, the same basic information is made available to the public online and free of charge. Knowing where to find recent arrests can save time when looking for a loved one. Once a person has been taken into custody, they will need to go through a formal booking process. Still, knowing where to find recent arrests can be incredibly helpful for family members and friends who wish to offer fast bail assistance if the option is there. Personal relations are not the only reason a person may want to know where to find arrests, however. Individuals who live in an area or who are considering moving to a certain area may also have an interest in finding out who has been arrested in their city or town and why.  All arrests are considered public information. Exceptions do apply, however, in that sealed records or arrests related to crimes threatening national security may not be readily available to the public. Those who work in law enforcement or are officers of the court are granted access to recent arrest information, even for individuals who have sealed records. Others, who have secured a warrant allowing access to these records, may also view sealed arrests. If an arrest is very recent, it may not yet appear at the time of an initial search. Some jurisdictions are swift in updating this information, while others may take a while longer. Updates may take up to several hours depending on the reporting systems being used. In addition to a local police department, recent arrests involving felony crimes may also appear on county or state websites. For people arrested for federal crimes, this information may appear on the Federal Bureau of Prisons website. Inmates suspected of crimes involving the nation’s security may be held at a Communication Management Unit (CMUs). These specialized prisons house inmates who are not able to communicate with people outside of prison or other inmates. Among other purposes, such strict monitoring is often an attempt to prevent further crimes, determine possible accomplices who may not yet be in custody, and gather information about the alleged crime. When seeking where to find recent arrests, it may be more difficult to find arrest information involving a person held in custody at a CMU. While most CMU inmate information is available to the public, some may be kept private for security reasons. If information is not readily available, it may be necessary to contact an attorney or other officer of the court to determine if an arrest has been made and, if so, where the inmate is being housed. A bail bondsperson may also know where to find arrests. People in this line of work often employ the help of private investigators and others who have inroads to information on arrests and custody matters. Most people will only hire a bail bondsperson when they know for sure that a person has been arrested and that a judge has set a bail amount for their release. If special circumstances exist and one is finding difficulty determining if an arrest has been made and where a person is being held, a bondsperson may be of valuable assistance. Phone calls or an in-person visit to a police department can also offer information on recent arrests. While information pertaining to arrests and releases are often available on local law enforcement websites, processing and publishing such information may take time. For those who do not want to conduct an internet search, a phone call or a personal visit will provide the same results. This will especially be necessary for arrests made in jurisdictions who do not offer access to this information on a public website. For those looking for a specific individual who may have been arrested, being prepared with the following information will help: If an exact date of birth is unknown, some websites will allow the search of a person’s approximate age. For example, if a person is approximately 40 years old, a system may process a search for people between the ages of 38 and 42 years old with the matching identifiers listed above. When this type of search is allowed, be aware that results may return multiple inmates with matching names within the same age range. Often, a person arrested for a misdemeanor crime will be released within hours after they have been booked into a jail. Known as a “cite and release,” this is common for people arrested for crimes like driving under the influence of alcohol or public drunkenness. In these instances, people are given a citation and trusted to appear in court to formally address the charges against them. When trying to locate a person given a cite and release (sometimes referred to simply as a “cite release”), it is helpful to also search for people recently released. If such a search is not readily available on the web, a phone call to the police department or local jail will be necessary. While researching where to find recent arrests online, people will inevitably stumble upon websites that charge for such a service. It bears repeating, then, that recent arrest information is offered to the public for free. When finding difficulty accessing recent arrest information or when one simply does not want to take the time to do so independently, a paid service may come in handy. It should also be noted that the sealed records of minors and others who have had their records expunged are only accessible to law enforcement and other specific officers of the court. Steer clear of anyone selling access to sealed records, as doing so is illegal. If you are intent in knowing the arrest details involving someone who has a sealed record, contact an attorney to inquire about the process involved in requesting a court order to view sealed information. If an attorney agrees to help, she or he will negotiate a fee for doing so. While knowing exactly where to find recent arrests is undoubtedly helpful, it should be noted that an arrest does not necessarily mean that a person is guilty of a crime. Many who are taken into custody are later released due to a lack of evidence or a variety of other reasons leading police to believe they are not guilty of any crime whatsoever. While just about all recent arrests may be found in a search, some will never lead to an actual conviction. It is important to keep this in mind when trying to assess someone’s character or even when seeking to determine information about crimes committed in a particular area. Friends, family members, and concerned citizens should know where to find recent arrests as quickly and easily as possible. In general, local, state, and federal agencies make looking for free arrest records pretty easy to do online. Knowing where to find recent arrests can also prove useful to those who are concerned about their neighborhood’s safety. For additional questions about where to find recent arrests, contact your local law enforcement agency or a qualified attorney. You can also get a free case review to learn about additional legal options that are available to you. "
How to Write an Affidavit,"An affidavit is a statement made under oath, claiming that a fact – or set of facts – is true to the best of the “affiant’s” knowledge. This sworn statement of facts is provided to the Courts or other government agencies to aid in proceedings like divorces, custody battles, and division of estate matters. Affidavits are usually sworn to before a Notary Public or before another officer that has authority to administer an oath. If false testimony was given in an affidavit form, the affiant, or the person who executed it, exposes himself against prosecution for the crime of perjury or giving a false statement under oath. Keep in mind, there are situation-specific affidavits that may best serve your purpose for writing one, which is outlined at the end. However, to write a non-specific affidavit that can be used to serve nearly any purpose – follow the steps, below. While the above affidavit format serves many purposes, there are situation-specific affidavits to keep in mind that might serve you better. Some of the most common types of affidavits are: Financial Affidavit – This type of affidavit proves facts like annual income and assets, and is commonly used for divorces. Affidavit of Heirship – An Affidavit of Heirship deals with proving the property, liabilities, and assets of a family member who has passed away. Affidavit of Support – To prove that an immigrant has the financial means to support themselves (usually with the help of a spouse or another person), an Affidavit of Support is used. Child Custody Affidavit – Another affidavit commonly used during a divorce is one for child custody. This helps determine the child’s living situation by giving both parents a chance to explain why they should have custody. Small Estate Affidavit – If you need to distribute assets to family members after someone has passed away, a Small Estate Affidavit is a great way to speed up the process.   Writing a sworn statement, not an affidavit? Here’s how to prepare one. "
How to Find a Name and Address Using a License Plate Number,"Nowadays, you can find nearly any piece of information about another person with a simple Google search. But what if you don’t have someone’s name to start with? Maybe you witness reckless driving or you’re wondering who keeps parking his car in front of your house. In both cases, you may want to know how to find a name and address by using a license plate number. If you have the vehicle’s license plate number and the state in which the license was issued, there are a few ways to seek out the driver’s information. In this article, we will discuss how to find the owner of a license plate number, as well as how to find an address by license plate search. Finding the owner of a license plate number can tell you a lot of basic information about a person, like their name, address, and public records. Fortunately, once you find a name by license plate search, the rest of your investigation will be much easier, whether you want to look up the person’s criminal records, driving history, or even their social media profiles. Note: State laws dictate what information you can obtain about a driver by looking up a vehicle license plate. In some states, finding a name and address using a license plate number may not be possible or legal. The Department of Motor Vehicles is authorized to run license plate lookups — they have record of all registered license plates, as well as driver records. To start, reach out to the appropriate state’s DMV to find out if driver information is considered public information in that jurisdiction. If a records request is allowed in that state, you will be able to file one over the phone or on the DMV website. Most states require you to submit a formal request for information. Typically, these are forms that can be acquired from state government offices, websites, or the DMV. A fee may be associated with making the request, and waiting times for search results vary by jurisdiction. Once you have filed the request, some state governments will mail a copy of the documents, while others will send a link where the paperwork can be viewed online. Occasionally, you’ll be required to visit a government office to view the documents. You may be able to copy them, but be prepared to pay a nominal copying fee. If you have witnessed a crime like a hit and run, you may want to find out the name and address of a person by their license plate number. It may sound tempting to play detective and start searching for the criminal online, but it is best to reach out to the police first. If you were involved in the crime, are a victim, or witnessed an incident, you can simply visit your local police station or call them to give them the license plate number. After the investigation has taken place and the case has closed, you will be able to ask for the police report and records, which will typically have the name and address of the person you were looking for. More often than not, finding a name and address using a license plate number is not authorized by the DMV or other government agencies, so you may result to an internet search. Simply plugging the license plate number and the state into an online search engine is likely to reveal a number of results. Most of these come from a third-party independent search firm that has the connections necessary to obtain public information documents. However, be aware that many of these search firms are not reputable. Certain red flags to look for include promises of free searches and immediate results. Many websites that claim their services are free eventually ask for a fee or a paid membership before you receive any actual search results. Search firms that promise instant results are likely using old, out-of-date databases that may yield useless information. Reputable search firms exist, but they will be upfront about pricing and the timelines for their services. Every state has different regulations for releasing a driver’s information from their license plate records. These regulations are in place to protect individuals, but there are specific authorized reasons that allow the release of the information. Some of these situations include: Other reasons someone may need a person’s information from their license plate number may be more serious. If you were the victim of a crime like a hit and run, or if someone left a vehicle on your business’ property, contact the authorities immediately. In either situation, record as much information as you can about the vehicle and its owner. Specifically, take photos of the license plate number, noting the state, city, and expiration date of the plate. You can also take photos of the entire vehicle to help the police identify the suspect. This information will also be helpful for your insurance company, who you should contact next if there was any damage to your vehicle. If you are looking to find a license plate owner, check out our guide on how to look up license plate numbers. When you or someone you’re close to have a run-in with the law, it can be confusing at best. You can have a local attorney provide you with a free case evaluation to help answer your questions and make a plan for the future. "
What Does It Mean To Contest Divorce?,"To contest divorce means a couple cannot come to an agreement about things like real property, child custody, or a division of assets. When a person contests a divorce, separate attorneys are typically hired to represent both individuals in an attempt to negotiate settlement terms. Negotiations may continue for a few months or even several years before both parties ultimately agree on matters in dispute. Multiple court hearings and other meetings are also typical in these types of divorce proceedings. A respondent is usually the person to contest the divorce. This is because the spouse who filed for divorce, also known as the petitioner, is also the person who has requested the original terms of the divorce that they wish the court to rule in favor of. If or when a respondent does not agree to these terms, the process of contesting the divorce begins. When a respondent does not engage in the actual legal steps required to contest divorce through the court, yet refuses to sign divorce papers filed by the petitioning spouse, the divorce is then considered to be contested. When this happens, it is necessary for the petitioner to ask the court for relief. At that time, a judge or magistrate may make a decision to grant the divorce, even without the other spouse’s signature, or the court may order a hearing in order to weigh the merits of a case before making a final decision. Upon being served with divorce papers, if a respondent does not agree to the terms proposed in the original filing, they may contest divorce at that time. The exact amount of time in which they are allowed to do so is determined by the laws of the state where the divorce was originally filed. In some cases, both parties may originally agree to an uncontested process, but one person may have a change of heart or mind and choose to contest a divorce after an initial filing has taken place. A divorce can only be contested in the court where the original petition was filed. Litigation required to conclude matters being contested will likely take place within that same jurisdiction. Because of this, parties who no longer reside in an area where a divorce proceeding is taking place sometimes have to travel in order to meet with attorneys, mediators, and others involved in the process. Both parties in the divorce must also be served notice that it is being contested, usually by mail and in person, no matter where either spouse is living at the time. Individual matters in dispute, such as child custody or child visitation, may be diverted to another court. This is usually done at the discretion of the judge or magistrate presiding over the original divorce filing. In no-fault and uncontested divorces, a petitioner will often state irreconcilable differences as the overall reason for the marriage’s demise and the court will generally allow that reasoning to stand. This is not always true in contested divorces, however. In these divorces, it is not uncommon for couples to note every single reason why they are calling it quits and which assets they believe they deserve after the marriage’s dissolution. Some of the most common reasons people choose to contest divorce include disagreements about: Couples may also disagree about a petitioner’s failure to state claims of alleged infidelity or claims of alleged abuse which may have contributed to a marriage’s demise. Some of the most commonly stated grounds for divorce include: It should be noted that not all of these grounds are permissible in every state. Of those which are, specific rules may also apply. For example, when using imprisonment for as grounds for divorce, a court may require that imprisonment exceed one year or more before it can be used as grounds. In cases of mental illness, courts may only allow such as grounds only if a spouse is institutionalized for a set period of time and is not expected to recover. By contesting what was originally submitted to the courts by a petitioner, a respondent is able to put into the record the reasons they understand the divorce to be taking place and, if necessary, address any allegations they maintain to be false but that appeared in the original petition. A spouse may contest all of what is being stated or asked for in the original divorce petition or may simply choose to contest one or two items contained in that petition. Generally speaking, the contesting spouse’s goal is to convince a judge or a magistrate to grant the things that they desire from the divorce process, such as sole custody of any minor children, a larger share of any savings or retirement accounts, or full ownership of a family home. Contested divorces are often quite contentious, which makes it difficult for a couple to navigate the process alone. Because of this, the court will usually recommend that both parties hire their own attorney to lead the process and help negotiate the terms being contested. Even if the spouse who originated the divorce filed the appropriate paperwork without assistance, an attorney should be contacted once the filing has been contested. Couples contesting a divorce may also be required to work with a court-appointed mediator in an effort to create a more equitable divorce agreement that can be submitted to the court for a final ruling. After contesting a divorce, it is the responsibility of the respondent and their attorney to convince the court to rule in their favor. To do so, attorneys will collect factual evidence to present in support of the claims being made by a responding spouse. To help shape an accurate narrative of the divorce and issues being contested, some of the people called upon to give testimony to the courts may include: It is not unusual for other professionals, such as accountants and specialized investigators, to also be hired in order to collect pertinent evidence in support of all claims made. While the respondent is the one who typically contests the divorce, it should be noted that a petitioner may also disagree with claims made in the respondent’s rebuttal. The petitioner may also present evidence and witnesses to counter those claims. Just as with the respondent’s motives for contesting the divorce, all of this is done in an effort to give the court an accurate depiction of things leading to the demise of the marriage with the hope that a judge or magistrate will rule in favor of the petitioner. Ending a marriage can be a complicated process both emotionally and procedurally. In addition to the actual termination of a relationship, a great deal of time is spent during a contested divorce with spouses negotiating the very fine details of their financial and personal lives. The emotional toll such a divorce might have on a family, including children, is difficult to calculate and will vary from person to person. Before a spouse decides to contest the divorce, it should be noted that doing so often means that a lengthy and expensive court battle will follow. Judges and other legal experts agree that a separate attorney representing each individual’s interest should always be hired when a divorce is being contested. In addition to the hiring of attorneys, there may be other costs such as additional court filings, hiring investigators, and costs associated with gathering information or expert witnesses to help support the grounds for which a divorce is being contested. If a judge ultimately rules that one party must pay the other party’s legal fees, the cost of contested divorce may be even higher. "
Nine Debt Collector Tactics That Violate The Federal Debt Collections Practices Act,"The loss of a job, an unexpected illness or injury, or other common situation that people face in their lives everyday can put a strain on your finances. Anyone who has ever fallen behind in paying their bills has probably received a demand letter or threatening telephone call from their creditors. Creditors are entitled to collect money that is owing to them, but there are limits on the tactics they can use. Following are some of the limitations in the Federal Debt Collection Practices Act guidelines Unless you agree to it, debt collectors are prohibited from contacting you at times or at locations that are inconvenient for you. As a general rule, a creditor should not be contacting you before 8 a.m. or after 9 p.m., and contacting you at your place of employment is not allowed unless you agree to it. Debt collectors are not allowed to contact third parties about your debt. A debt collector is permitted to contact another person once find out the following information: Friends, neighbors and other third parties are frequently the targets of calls from debt collectors in order to persuade you to make a payment on the debt to avoid additional embarrassment. A debt collector is not allowed to attempt to intimidate you by claiming to be an attorney, a government official or a member of a law enforcement agency. Creditors trying to collect a debt cannot make threats to have you arrested or to take legal action against you unless they actually intend to file a lawsuit against you. Someone calling from a debt collection agency is not required to be friendly, but the following forms of conduct are violations of the debt collection practices act: You have the right to know how much you owe. A debt collector cannot misrepresent how much you owe or attempt to add interest and fees unless your agreement with your creditor allows for such charges. Each state has laws setting time limitations within which a lawsuit may be filed to collect money owning on a promissory note, a credit card or other form of consumer debt. The time usually begins to run upon a default in payment. If a state’s statute of limitations is six years from the date of default, a creditor failing to file suit within the six years would be barred from using the courts to collect the debt. Credit collection agencies are prohibited from threatening to take legal action when they know such action is barred by the statute of limitations. A debt collector might use the threat of legal action to get you to make a payment on the time-barred debt. In some states, any payment you make the debt could renew the statute of limitations and give the creditor more time within which to take legal action against you. Judgments have a limited lifespan under the laws in many states. A judgment in New York, for example is enforceable for up to 20 years. This means a creditor can garnish your wages or have a law enforcement officer seize your property, including cars and bank accounts. Once a judgment exceeds its enforceable lifespan as provided by the laws of the state in which the judgment was filed, debt collectors cannot threaten you with enforcement without violating the federal debt collection practices act guidelines against misrepresentation. You should never give a post-dated check to someone in response to a collection call about a debt you owe. If you respond to a debt collector’s call by being honest and explaining that you do not have the funds to make a payment on the debt, a frequent response is to ask you for a post-dated check that the creditor’s representative promises to hold until you add money to your bank account. Even though it is a violation of federal debt collection practices, the debt collector might contact you and threaten to deposit your check early and cause it to bounce. At the very least, you will incur fees with your bank for writing a check when you did not have sufficient funds in your account to cover it. The best thing to do is to refrain from writing checks in payment of all or part of a debt until you have the money in your account to cover it. Debt collectors must begin each telephone contact with you by identifying themselves and the purpose of the call. Leaving an anonymous message on your telephone answering device would violate this provision of the federal debt collection guidelines. This might arise when a debt collector has made attempts to reach you without success and decides to use the anonymous message to trick you into calling back. If you are contacted by a debt collector, you have the right to demand a written notice telling you the amount that you owe and the name of the creditor. The notice must also explain the steps you can take to dispute the debt. You can stop debt collectors from contacting you by sending a letter asking them to stop. If they do not stop contacting you, the debt collection practices act allows you to file a complaint with the Federal Trade Commission, your state’s attorney general’s office or with the Consumer Financial Protection Bureau. "
True vs. Optional No-Fault Divorce States,"No-fault divorce has been an option in all states since New York finally passed its own no-fault divorce law in 2010. While no-fault divorce laws have made it much easier to get divorced and have even helped people in abusive relationships find freedom and security, not all states are identical when it comes to their no-fault divorce options. In fact, states can roughly be divided into two categories: those that are “true” no-fault divorce states and those that are optional no-fault divorce states. The distinction is far from minor and, in fact, the type of state you get divorced in could have a major impact on the final look of your divorce settlement. Here’s a look at the differences and similarities between true and optional no-fault divorce states. There are 17 states, along with the District of Columbia, that are currently considered to be “true” no-fault divorce states. What this means is that the only option you have if you are considering a divorce in these states is the no-fault option. The conduct of the other spouse has no relevance in the application for a divorce and courts will not take factors like adultery or abandonment into account when deciding whether to grant a divorce. For people who feel as though their spouse has acted improperly during their marriage (such as by having an extramarital affair, for example), the idea that the court does not take that spouse’s behavior into account can be frustrating. However, in a no-fault divorce case, the court will treat the divorce as essentially the termination of a contract (which, in fact, is exactly what divorce is). The court is not there to judge the moral worthiness or conduct of either party. While that can feel unfair, it also means that both parties are not held to the whims of whatever a judge or lawmaker considers to be immoral. However, it is important to keep in mind that while one’s conduct will not be an issue when it comes to the actual granting of the divorce, it could be a factor in other issues related to the divorce, particularly child custody and visitation rights. If one spouse has a substance-abuse problem, for example, that problem is not likely to factor into the division of property. However, it will almost certainly factor into a judge’s decision about which parent gets physical custody of the children. Furthermore, some no-fault divorce states do allow for divorce on the grounds that a spouse has become mentally incapacitated or institutionalized. In these cases, spouses seeking a divorce will have to provide medical evidence that their partner is mentally incapacitated. Furthermore, while no-fault divorce is certainly more straightforward than fault divorce, it is important to keep in mind that most states do not simply allow you to apply for and be granted a divorce at the same time. Rather, in most states there is a waiting period between when you actually apply for a divorce and when it is ultimately granted. During this waiting period, which can range from a few months to a couple of years, both spouses must live separately and apart. The remaining states all offer no-fault as an option for divorce, but they also retain other divorce options where fault may be involved, including adultery, cruelty, and abandonment. States that offer no-fault as an option can vary considerably in terms of their specific laws. In some states, for example, filing for divorce because of adultery can have a major impact on how property is divided, whereas in other optional no-fault states it will have no impact. One disadvantage of applying for divorce on traditional fault grounds, however, is that the fault will have to be proven with a court, which can cost time and money. Furthermore, by pursuing a fault divorce one may be exposed to the possibility of the other spouse also alleging fault against you. Because whatever is said in court becomes a matter of public record, a fault divorce can quickly lead to embarrassing and private details being shared with the general public. With a no-fault divorce, nothing needs to be proven in terms of the other spouse’s conduct. Some states also allow separation for a period of time as the grounds for a divorce. Living separately and apart, while not always a strictly no-fault option, is very close to it. The 17 “true” no-fault divorce states are generally considered to be California, Colorado, Florida, Hawaii, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, Oregon, Washington, and Wisconsin, along with the District of Columbia. In many of these states, including in many optional no-fault divorce states, the no-fault option is often referred to as “irreconcilable differences.” As stated above, some no-fault states also allow a spouse to divorce the other spouse because the other spouse has been committed to a mental institution. In the rest of the 33 states, no-fault was usually added as an option for people who wanted to get a divorce. In adding the option, lawmakers kept the fault grounds for divorce that had previously been the only divorce options. As mentioned above, option no-fault divorce states vary substantially in the fault grounds they offer and how those fault grounds impact the overall divorce settlement. In some states that nominally offer fault grounds for divorce, such grounds ultimately have no bearing on how property is divided or spousal support is determined. In such cases, it may make more sense to just file for no-fault divorce even if one has grounds for filing for a fault divorce. If you are thinking about a divorce then it pays to know your state’s laws concerning the termination of marriage. Furthermore, while we use the term “no-fault” here, individual states have their own ways of describing what is essentially no-fault divorce and it is important to know what the specific terminology in your state is. By doing your research beforehand, you will have a better idea of how to proceed with your own divorce or family law issue. "
What’s the difference between the insanity plea and incompetency?,"The terms sanity and competency are heard so often in media coverage of high-profile criminal trials that it can be easy to confuse the two. A lot of people may wonder how it is possible for somebody to enter an insanity plea when they have already been deemed fit to stand trial. While sanity and competency are related in some ways, in the justice system these are two very separate and different legal concepts. Nonetheless, they are both very important for understanding how the justice system works and they have an immense impact on both how cases are tried and how sentences are handed down. Here is a look at some of the differences between the insanity plea and the competency to stand trial. For anybody to have a fair trial he or she must be able to understand the charges against him or her. This basic principle is where the concept of competency to stand trial comes from. A defendant must be able to understand what they are being charged with and must be able to discuss the charges with his or her attorney in a reasonably rational way in order to be considered competent to stand trial. In other words, the competency of the defendant is determined before the trial even begins. Being declared competent to stand trial simply means that the defendant understands the charges against him or her. It is not a statement about whether or not that defendant was sane or insane when he or she allegedly committed the offense that is being tried. Competency to stand trial merely concerns the defendant’s state of mind and mental abilities during the trial itself. Furthermore, competency to stand trial is guaranteed by the U.S. Constitution, which guarantees the right to due process for those accused of a crime. In contrast, the insanity plea concerns the state of mind of the defendant when the alleged crime was committed. When determining whether or not a defendant is insane, the court is not considering the defendant’s state of mind during the trial, but rather during the criminal act. So a person can be found to have been legally insane when a crime was committed, but nonetheless competent to stand trial later on. In fact, a person can only be successfully found legally insane so long as they are competent to stand trial since being incompetent to stand trial means no trial can take place. In other words, a defendant can be both legally insane and competent to stand trial, but not incompetent to stand trial and legally insane. This distinction is one that often confuses people who are not familiar with the justice system since they wrongly assume competency to stand trial is a judgment on the defendant’s general state of mind, including when the alleged crime was committed. Furthermore, unlike competency to stand trial, insanity laws are not determined by federal law but rather by state laws. This means that not all states have to consider whether or not a defendant was insane when he or she allegedly committed an offense. It is not enough that a defendant merely is shown to have been insane when he or she committed the offense in question. Rather, it must be shown that the defendant’s insanity made it impossible for him or her to understand that the offense being committed was illegal. For example, a man may have hallucinations about aliens living in his home. If he finds out that his wife has been having an affair and, in anger, murders her, then he would still most likely be found guilty of murder (so long as there was enough evidence against him) since his hallucinations did not deter him from the fact that he knew that murdering his wife was illegal. Of course, the man could only be found guilty of the crime if he was also declared competent to stand trial. However, if that same man believed that his wife was an alien and was trying to murder him, then his state of mind would have made it impossible for him to understand that committing violence against her was wrong. Rather, he may have seriously believed that violence was necessary for protecting his own safety, thus making it impossible for him to be responsible for his actions. Competency and insanity are determined by different methods. The standard for determining whether an individual is competent to stand trial is, in fact, a very low one, whereas the standard for proving that a defendant was insane when an offense was committed is usually a high one. To be proven competent to stand trial, the defendant need only understand the charges against him or her and be able to converse with an attorney in a relatively reasonable manner. Competency does not mean that the defendant needs to have a deep understanding of the: In practice, the low standard for proving competency means that only those who are extremely mentally unwell can be found incompetent to stand trial. There is a very good reason for setting such a low standard for competency: it ensures that more people are given the chance to have their case heard in court. Because the insanity plea is determined by state laws, each state has its own rules for determining whether or not a defendant was legally insane when he or she committed the offense in question. Generally, however, states that allow the insanity defense can be divided into two groups: those using the M’Naughten rule and those using the Standard Model. Currently, there are 26 states that use the M’Naughten rule. The M’Naughten rule is named after the defendant in an 1843 British case, Daniel M’Naughten, who had tried to assassinate the British Prime Minister and who was considered insane when he tried to do so. The M’Naughten rule was established by that case and it essentially states that to be considered insane the defendant must have suffered from a mental illness that made it impossible for him or her to understand the nature of the act he or she was committing or, even if he or she knew what she was doing, could not have known that the act was wrong. Some states have also modified the M’Naughten rule to allow for the insanity defense if the defendant suffered from an “irresistible impulse” that forced him or her to commit a crime even if he or she knew that the offense was wrong at the time. In contrast, 22 states along with the District of Columbia use the Model Standard, which was laid out by the American Law Institute in 1962. The Model Standard is generally seen as a less restrictive standard than the M’Naughten rule. It requires that the defendant lack “substantial capacity” to either understand that his conduct was criminal or to otherwise act in a way that was compliant with the law. Furthermore, three states do not allow the insanity defense at all. These states are Idaho, Montana, and Utah. In these states, a defendant cannot plead not guilty because of insanity. However, a defendant can still be found guilty but insane, which may result in that individual being committed to a psychiatric institution instead of or in addition to prison. In these states, the accused must still be found competent to stand trial. The decision about whether a defendant is incompetent and/or insane also differs depending on what matter is being decided upon. A person’s competency to stand trial is, for example, determined by the judge. A defendant’s insanity, meanwhile, is determined by the jury when it renders its verdict. Again, competency is determined at the beginning of the trial, while insanity is determined at the end during the verdict. Hopefully, of course, the jury will take into account the opinions of psychiatrists and/or psychologists who act as expert witnesses during the trial when determining whether or not an individual was legally insane when the crime was committed. Many states also have laws that allow courts to reach a verdict of “guilty but mentally ill” (GBMI). The GBMI verdict means that the defendant receives the same sentence as somebody who was simply found guilty for the same crime but was not suffering from a mental illness. In a GBMI verdict, the court will often sentence the defendant to a prison sentence but will also require that individual to receive treatment for his or her mental illness. Even if that individual is cured of his or her mental illness, he or she will still have to serve out the rest of the sentence in prison. The GBMI verdict is highly controversial, with supporters saying it ensures that those who have committed crimes are held accountable for their actions while critics contend the verdict absolves the court of determining whether or not the defendant was actually responsible for his or her actions. The Four Tests Used for Determining Legal Insanity A person who is found incompetent to stand trial will usually have their trial delayed until such a time when he or she is deemed to have regained his or her mental competence. Essentially, this means that the defendant will receive treatment until they have sufficiently recovered from their mental health problems. However, an individual’s trial cannot be delayed indefinitely–rather, the delay must be deemed reasonable. Delaying a trial indefinitely is a violation of one’s constitutional rights, most notably the right to a speedy trial. The Supreme Court held that a trial in such cases cannot be delayed for longer than is necessary in a landmark 1972 case. However, even if the defendant never regains his or her sanity, that person can nonetheless be forcibly committed to a mental institution, especially if that person is deemed to pose a threat to the safety of themselves or others. A person who is acquitted by reason of insanity, on the other hand, will usually be committed to a mental institution. The conditions of their release back into society if they recover from their mental illness vary from state to state. In some states, for example, the individual will first have to complete a commitment hearing to determine whether or not he or she needs to be committed to a psychiatric institution. In other states, however, commitment to an institution is automatic upon a verdict of insanity. In some cases, the individual may be released back into society relatively quickly if that person is determined to no longer pose a risk to themselves or others. However, in many cases, especially in cases involving murder or attempted murder, the standard for release will be set much higher. While many laypeople may think that being found “not guilty” for an offense that an individual clearly committed is unfair, it is important to keep in mind that those declared insane are not automatically released back into society. In fact, studies have shown that those found not guilty by reason of insanity spend as much time on average confined to a psychiatric institution as those who are found guilty of the same types of crimes spend incarcerated in prison. Furthermore, even after release, the individual may be required to take steps to ensure they no longer pose a risk, such as by taking medication, visiting a doctor, or complying with other instructions. An insanity plea and a claim of being incompetent to stand trial may sound similar but they are, in fact, very different from one another. As the above article shows, however, both concepts have important implications for ensuring that everybody receives a fair trial. Competency ensures that a defendant understands the offense he or she is being charged with and can discuss those charges in a reasonable manner with an attorney. Insanity, meanwhile, ensures that those who could not have appreciated the criminality of their actions are not unfairly found guilty of committing those actions. Either way, competency and insanity pleas help protect the rights of the accused while also ensuring that public safety is upheld. "
The 9 Most Commonly Asked Questions About Last Wills And Testaments,"Estate planning and the role of last wills and testaments are a popular topic of conversation among members of the baby-boom generation. You might think you know a lot about last wills and testaments, but the answers to the nine most commonly asked questions people have about them might surprise you. Last wills and testaments are documents that state laws recognize as legally enforceable to convey your real and personal property upon your death in whatever manner you direct. Wills offer you great flexibility for accomplishing your wishes. For example, if you have minor children or heirs who might be likely to squander an inheritance, you can create a trust in your will into which the inheritance is placed. Instead of the heir having control over the assets, the trustee you designate takes charge of the trust assets and administers them according to your instructions. Because they are governed by state law, the rules pertaining to who can make a will and what constitutes a legal last will and testament vary slightly from one state to another. As a general rule, you must be at least 18 years of age to make a will, and the will must be in writing and signed in the presence of witnesses. A will that satisfies the legal requirements of the state in which it was signed is enforceable in other states. Most laws pertaining to the validity of last wills and testaments require the testator or person making the will to possess a testamentary capacity. Testamentary capacity means more than simply being of sound mind. The person making a will must understand the following in order to possess testamentary capacity: Part of testamentary capacity is the intent of the maker of the will to dispose of assets in a specific manner after his or her death. For instance, a person who signs a document believing it to be a rough draft of a will would probably not be found to possess the appropriate intent to dispose of the assets as written. Revoking your will is as easy as tearing up the original and any copies, but a better way of revoking your will is to make a new one. Most attorneys insert language into a will stating that it revokes any prior wills you might have made. Doing a new will instead of simply destroying your old one is the preferred method of revocation because it does not leave you without a will. If you want to make changes or additions to your will without revoking it, you can do this with a codicil. A codicil is a legal document that amends or alters the provisions of a will. Codicils must meet the same formalities that the law requires for the preparation and execution of last wills and testaments. An executor is a person you designate in your will to administer your estate. After your death, your designated executor is appointed by the court in your state that handles estates. Once appointed, he or she has the legal authority to carry out your wishes as stated in your will. Some types of property do not pass to the individuals you designate in a will. For example, jointly owned property, such as the home you own with your spouse, passes to the surviving owner under state law through “rights of survivorship.” If, however, the surviving joint tenant or joint owner does not change the deed to add another person to it as a co-owner, then the property would pass under the individual’s last will and testament as part of that person’s estate. Another example of a property that does not pass to heirs according to the terms of a last will and testament would be the proceeds of a life insurance policy. The life insurance policies represent an agreement or contract between the insured and the insurance company under which the company shall pay the face amount of the policy to the beneficiaries named in the police upon the death of the insured. The terms of the life insurance policy and not will of the decedent govern how the insurance proceeds are paid. An exception to the rule about life insurance policies arises when a beneficiary dies before the death of the insured or is removed by the insured and not replaced by another beneficiary. When a policy does not have a beneficiary named in it, the life insurance proceeds are paid to the estate of the insured and distributed according to the provisions of a last will and testament. The good news is that last wills and testaments do not expire. The bad news is that people put their last wills and testaments away and forget about them, but events occurring in life can nullify the provisions of a will. It’s a good idea to review the terms of your will from time to time to determine if events, such as the following, require that it be revised: It is a good idea to go over your will every four or five years regardless of events in your life to identify anything you might want to add or change. Challenges to the validity or to the provisions of last wills and testaments are frowned upon by the courts. Unlike other documents, such as contracts, which courts are called upon to review when disputes arise, the problem with last wills and testaments is that challenges arise after the death of the maker who was the only person capable of articulating his or her true wishes. For this reason, courts lean heavily in favor of upholding the validity and provisions of last wills and testaments. Successful challenges to last wills and testaments are usually those based on the testamentary capacity or age of the deceased at the time the will was prepared and signed. These types of cases are easier to prove because they can be based upon a birth certificate or other official record establishing the fact the maker of the will was at least 18 years of age, or they can rely upon the testimony of physicians who treated the deceased and can attest to the individual’s testamentary capacity. Other grounds for challenges to a will include fraud, forgery, and undue influence. Proving any of these brings into question the validity of the document. As previously noted, judges are skeptical of challenges to last wills and testaments, so the evidence produced must be clear, convincing, and unequivocal. A person who dies without a will is said to have died “intestate.” Each state has intestacy laws that determine how the assets of a person dying without a will are to be distributed. Any assets that could have been passed to your heirs under a will are distributed according to the intestacy laws of your state. As a general rule, intestacy laws favor your spouse and your children by giving them your entire estate. If you do not have a spouse or children, then your estate would be distributed to your parents or, if neither of them is alive, to your brothers and sisters. Depending upon the law in your state, intestacy laws provide for the distribution of estates to other relatives if there is no surviving spouse, children, parents, or siblings. Intestacy laws do not offer the control over the distribution of your assets that you have with a last will and testament. For example, if you and your spouse have minor children, you might elect to leave everything to your spouse in the belief that he or she will provide the appropriate care for your children. Intestacy laws do not allow for such a distribution. Under intestacy, your estate would be distributed to both your spouse and to your minor children. Questions about the laws of your state and last wills and testaments are best answered by an attorney. An attorney can also advise you about the provisions that should go into your will and give you guidance about how best to carry out your wishes. "
Ten Cheap Law Schools That Are Actually Good,"When it comes to law schools, cheap is a very relative term. Even the very cheapest in the nation are going to set you back many thousands of dollars. Furthermore, you want to make sure that when you are applying for law schools that you are getting bang for your buck. You do not want to graduate from a law school only to find out that none of the firms that you want to work at are willing to consider you. With that in mind, and if money is an issue, you need to balance how much law school will cost with the opportunities it will open up for you in the future. With that criteria in mind, let’s look at ten cheap law schools that are good value for money. In-state tuition at Brigham Young University’s law school is around $11,000, which is substantially lower than at most major law schools across the nation. Furthermore, it has an 80.3% employment rate, a 90.8% 2-year bar-pass rate, and was named one of the Best Value Law Schools by National Jurist. It’s location in beautiful Utah also makes it a great choice for those who want to enjoy the natural wonders of the west while pursuing their degree. Among the oldest law schools in the United States, the Brandeis School of Law is also recognized as being among the best-value law schools in the country. Furthermore, it is ranked among the top 100 law schools overall, proving that astronomical tuition is no guarantee of academic reputation. The good news about the Brandeis School of Law is that it also focuses on how to apply your legal education to practical situations. With tuition exceeding $44,000 per year, UC Irvine may not sound cheap, but it is affordable when you consider how generous the school is with scholarships. That’s perhaps why those attending UC Irvine graduate with just under $50,000 worth of debt, far lower than at other law schools that claim to be “cheaper.” Furthermore, as part of the University of California system, by going to UC Irvine you will have a degree from an institution that is recognized throughout the world. Wyoming is probably not the first state you think of when you are considering law school, which is a shame because the University of Wyoming offers an excellent return on investment. It is ranked around the 100 spot in terms of overall law schools in the country and it places great emphasis on gaining practical experience, such as through legal clinics and externships. It is especially well known for its programs in Natural Resources, Estate Planning, Legal Services, and Domestic Violence. Tuition at CUNY School of Law is around $12,000 per year, which is decent although by no means the cheapest in the country. The real advantage of CUNY is that it is both affordable and located in New York City, allowing you to get a good value education while being front and center to some of the biggest cases and most prestigious firms in the country. As a publicly funded law school, it should come as no surprise that the CUNY School of Law specializes in public-interest law. The University of Alabama has been routinely praised for both its affordability and academic rigor. Tuition is just under $20,000, which, again, is affordable but by no means among the cheapest. However, those who graduate from the University of Alabama have excellent job prospects. The employment rate is over 89% and the school has a nearly 95% 2-year bar pass rate. The University of Alabama is also one of the only law schools in the country that guarantees students the chance to participate in a law clinic. Another southern law school, the University of Mississippi’s School of Law is one of the oldest in the nation. With in-state tuition at just over $10,000, it is also one of the cheapest. More than 85 percent of graduates eventually go on to pass the Mississippi bar exam. This school also stands out for having the only Aerospace Law program in the country that is accredited by the ABA. Its location in Oxford, Mississippi also places you at the center of one of the most storied and beautiful cities in the American South. The Clarke School of Law at the University of the District of Columbia is located in the nation’s capital and is known for giving students from disadvantaged backgrounds, including minorities and those with disabilities, a chance at studying law. Its location in the District of Columbia also gives students an opportunity to sit front and center to the nation’s latest legal and political developments. The University of North Dakota is another affordable law school that often goes unnoticed, yet still manages to punch well above its weight. The University of North Dakota has long appeared on lists of America’s top-value law schools, with in-state tuition at just over $12,000. One of the main advantages of this school is the breadth of legal programs it offers, including certificates in Air Transportation Policy and American Indian Law. NCCU is a historically black institution that caters to traditionally underserved communities. With in-state tuition coming in at less than $10,000, this is a truly affordable school. Furthermore, the quality of the education is stellar. It ranks among the top four law schools in the country for clinical opportunities and close to 82 percent of its graduates go on to pass the state bar exam–well above the state average. Law school can leave you saddled with debt, especially if you choose to go to one that offers high tuition or few scholarship opportunities. However, if you think beyond the traditional Ivy League schools then you will find plenty of institutions offering a legal education that is not only affordable, but which opens up plenty of doors afterwards. "
Examining the President’s Legal Responsibilities,"The position of President of the United States is often referred to colloquially as the “most powerful man in the world”, or the “leader of the free world.” More than just a figurehead in American democracy, the role of president does come with legal responsibilities under the framework of the United States set forth in the United States Constitution and expanded upon over time. The President’s Legal Responsibilities can be seen across the executive, legislative and judicial branches of the government. According to WhiteHouse.gov, Article II of the United States Constitution sets forth the broad powers and responsibilities of the role of President of the United States. Under this article, the president is: “responsible for the execution and enforcement of the laws created by Congress. (The President) is to take care that the laws be faithfully executed.” The president is, under Article II, required to enforce all constitutionally valid Acts of Congress regardless of the view of that individual or administration’s view of the wisdom behind or validity of the policy. Presidents cannot possibly be directly involved in the administration and enforcement of the nation’s laws, which is why there are a total of 15 executive departments overseen by 15 different individuals and supported by millions of employees. It is the role of the President to appoint members to the cabinet positions overseeing these various departments of the executive branch, as well as many other executive agencies that are not part of the cabinet directly such as the CIA and the Environmental Protection Agency (EPA). The president sets national policy goals for the United States and appoints individuals to these cabinet and other executive department positions with the greater aim of achieve those goals while also implementing and enforcing laws written by Congress. The Cabinet and the many independent federal agencies are directly responsible for the day-to-day enforcement and administration of federal laws. In total, the president is legally responsible for the oversight of an executive branch that includes: The formulation of the United States sought to avoid the potential for an all-powerful dictator in charge of the nation, and as such power was distributed across the Executive Branch (President), Legislative Branch (Congress), and the Judicial Branch (Supreme Court). Even though the Constitution has provisions that vest “all legislative powers” in the body of Congress, the president does have a role as the chief formulator of public policy for the country, and as such has a major legislative role. Any President of the United States has the power to veto a bill passed by Congress, which blocks that act from becoming a law. While the President is legally bound to execute any laws successfully passed by Congress, which does hold the power to override a veto with a two-thirds vote in both houses (Senate and House of Representatives), the president can help establish the laws he or she believes is necessary for the country. In a special message to Congress delivered annually, the president has the power to propose major legislation, but has no power to enact those laws independently. Should Congress adjourn without hearing those proposed bills and voting, the president has the power to call a special session. However, the president’s legal abilities end here as the office does not have the power to set law, only enforce it. Again, the President of the United States holds no official power or legal ability to adjudicate the legality of laws in the US. However, the president does hold the constitutional power to appoint numerous public officials as mentioned above. This includes nomination of federal judges, particularly members of the Supreme Court of the United States. The president also has the ability to grant full or conditional pardons to those convicted of breaking federal laws, with the exception of the impeachment of themselves. Most frequently this is used to shorten prison terms or reduce fines. In times when the President of the United States has tried, or threatened to, refuse to enforce the constitutional laws of the US, the Supreme Court has stepped in to prevent such an occurrence. For example: In short, the Supreme Court notes that the president’s primary legal responsibility is to uphold and execute the laws of the United States as set forth by Congress, and that it is in fact illegal for the executive head of the nation to fail to uphold this legal obligation due to their own personal views or beliefs. While the President of the United States is legally obligated to uphold and defend the laws of the land as the direct head of the nation’s enforcement agencies, the role of president does offer some degree of wiggle room that many recent presidents have used to their advantage. The president is only empowered to sign legislation into law or veto it, not initiate legislation. However, in recent years presidents have become assertive in interpreting legislation in unique ways to circumvent laws with which the individual president does not agree with but is nonetheless bound to uphold in general. For example, the use of signing statements by the president enables them to direct executive branch officials to implement legislation according to a particular interpretation, even when the president objects to certain provisions of a particular law on constitutional grounds. The role of President of the United States is a powerful position that the Founding Fathers sought to limit, to the best of their ability, in an effort to avoid total control resting in the hands of one person. The legal responsibilities of the president have been laid out by the Constitution of the United States and changed little over the course of more than 240 years. "
Lawyers and Legal Malpractice: Three Things to Know About Insurance,"If you are starting your own law firm then you probably already have a lot of experience with handling clients, representing their best interests, and understanding how a law firm generally functions. What you may not know a lot about, however, is how legal malpractice insurance works. For lawyers, legal malpractice claims can end up being extremely costly, to the point that a single claim could easily ruin a small law firm that is just starting out. Malpractice insurance helps protect you and your law firm in the event that you are sued for alleged malpractice. Here are three important things to keep in mind about legal malpractice insurance. You may have heard that law firms are not obligated to carry legal malpractice insurance. Rather, those who do carry such insurance are merely required to report that fact to their state bar association. While it is true that legal malpractice insurance is not technically required, it is important to keep in mind that legal malpractice claims are fairly common, with five to six percent of private attorneys being sued for malpractice each year. Chances are that if your firm is around long enough then at least one disgruntled client will decide he or she has a claim against you (regardless of whether or not that claim has merits). Not all law firms are the same, which is why not all legal malpractice insurance policies are the same. You want an insurance policy that is going to be able to cover the potential costs of a malpractice claim against your firm. If you are representing large corporations in patent infringement cases, for example, then a malpractice claim against you could easily run into the hundreds of thousands if not millions of dollars. In that case, you will want a very high coverage limit. If, however, you deal primarily with middle class clients in family law cases then you can probably opt for lower coverage limits. First of all, no malpractice insurance policy will cover any illegal acts you engage in. Legal malpractice insurance is designed to protect you in case you make an error that subsequently exposes you to liability. Additionally, you will want to be aware of the gaps in coverage. Many insurance policies will only cover specific types of claims depending on the type of work you typically do. For example, if your law firm deals primarily in employment law, then that one personal injury case you took on the side may not be covered by your insurer. Check the terms of your policy closely and see if there are options for bridging any gaps that could ultimately leave you exposed. Even the best of lawyers make mistakes sometimes, whether it’s missing a meeting with a client or forgetting to file important paperwork by the appropriate deadline. While in many cases these errors are easily fixable, in others they could significantly damage your clients case and could expose you to a legal malpractice lawsuit. Because the risk of a malpractice lawsuit is so high, you do not want to be caught off guard if and when one happens to you. As the above article shows, having malpractice insurance could protect you and your firm from a potentially devastating malpractice lawsuit. "
Eleven Types of Legal Motions in U.S. Law,"For a court to take most actions on an issue that is in dispute, either party in a case must ask the court to decide on that issue. When a plaintiff, prosecutor, or defendant asks the court or judge to rule on a specific issue, that request is known as a motion. Legal motions are one of the most common facets of the American justice system and they ensure that controversial or disputed issues related to a case can be settled quickly and efficiently so that the case itself can ultimately be resolved in an effective manner. Different motions are used at different points in a trial, including: While there are lots of different types of legal motions, the ones below tend to stand out for being both very common and very important to individual cases. A motion to dismiss, which is more popularly known as “throwing out” a case, is requested when one side (usually the defendant) contends that the plaintiff’s claim is not one on which the court can rule. In other words, when a motion to dismiss happens, the moving party is not contesting the facts as presented by the other party, but merely saying that the claim at issue is not a legal one on which the court has any say. A motion to dismiss is one of the most important motions to understand in U.S. procedural law. The moving party in such a case may concede that the facts of the case are true, but that the case should nonetheless be dismissed because there is no legal issue presented in those facts that the court can rule on. This motion helps ensure that disputes that involve no legal issue do not end up wasting the court’s time and resources. In some cases, there may even be a legal issue at stake but the statute of limitations has expired, meaning the court can no longer deliver a verdict. Additionally, a motion to dismiss may be filed if the defendant waives his or her right to a speedy trial, has been granted immunity or a pardon, or if that defendant had been previously tried for the same offense, which is known as double jeopardy. During the discovery process both parties to a lawsuit or case will collect information and evidence that they can then use to build their case. The discovery process, like its name suggests, is when the prosecution and defense make efforts to discover all the facts of the case. Both parties can request information from one another to help establish the facts of the case. A number of different motions can be used to ensure that both sides are able to handle the discovery process to the best of their abilities. If the other party fails to respond to a request for information, for example, then a motion to compel discovery of that information could force that party to provide a response. Another motion to compel discovery could be used if the party responds to the request for information, but its response is vague or incomplete. Failing to comply with either motion could result in the offending party being held in contempt. When making a motion to compel, the moving party is asking the judge to use the power of the court to essentially force another party to do something that he or she has so far refused to do. As noted above, motions to compel can be used during the discovery process to ensure that both parties have full access to the facts of the case. For example, if the plaintiff refuses to answer questions in a deposition, the defendant may file a motion to compel the plaintiff to answer those questions. If that motion is granted and the plaintiff still refuses to answer the questions then he or she may face contempt of court charges. Of course, motions to compel can also be used when the trial gets underway, such as if a witness refuses to answer a question while testifying, and they are not limited solely to the discovery process. A motion to strike is requested when one of the parties wants something removed from the court record. This motion is usually requested when the record contains information or language that is not admissible evidence. A party may request a motion to strike if the language being removed from the record is redundant, vague, scandalous, immaterial, or impertinent. Furthermore, a party in a case can request that a vague statement be removed from the record and be replaced with a statement that is more specific and clear. A motion for summary judgment is perhaps the most frequently made motion. While not always available in all cases, the motion for summary judgment is made before the trial begins. This motion asks the judge to make a decision on the case without going to trial. Such a motion can only occur if none of the facts of the case are in dispute, thus all that needs to be decided is a final ruling on the case. If available, a motion for summary judgment can save both sides plenty of time and money. While a motion for summary judgment and motion to dismiss are often confused with one another, they are not the same thing. A motion to dismiss results in the case being thrown out altogether and no verdict being issued. With a motion for summary judgment, however, the court and both parties agree that there is a legal issue that the court can rule on. For a summary judgment to be issued there can be no dispute about the material facts of the case and the party filing the motion must be entitled as a matter of law to a judgment. A summary judgment is most often issued when the time has run out on the discovery process, meaning that neither side can gather any more evidence to help their case. Another motion that shares features with a motion for summary judgment and a motion to dismiss, a motion for a directed verdict is one whereby one party (in this case, the defense) asks the court to end the case. A motion for a directed verdict is made by the defense after the prosecution has already rested its case. This motion argues that the prosecution has failed to prove its case and that because of that the defense does not need to present any evidence. A motion for a directed verdict is essentially the same as asking the court to acquit the defendant because there is not a strong enough case to convict him or her. If the prosecution cannot prove its case or there is a fatal flaw in its evidence then it can be the prosecution itself that requests the court to no longer pursue charges against the defendant. This type of request is called a motion for nolle prosequi, which literally means that the prosecution has decided not to prosecute. This motion is often filed if new evidence has come to light either proving the defendant’s innocence or exposing a serious flaw in the prosecution’s case. A motion for nolle prosequi is basically the prosecution asking that the judge throw out the case because the defendant is either innocent or there is clearly not enough evidence to lead to a conviction. A motion in limine concerns what evidence can and cannot be presented to a jury in court. Instead of risking a jury being exposed to prejudicial evidence that may later be found to be inadmissible, a motion in limine ensures that such evidence is not presented to the jury in the first place. A motion in limine helps ensure that a defendant receives a fair trial, which is less assured if the jury is simply told to disregard evidence that it has already been exposed to. For example, in a criminal trial, the prosecution may mention a defendant’s previous conviction for an offense that has nothing to do with the offense currently being tried. While the defense may argue that mentioning that previous conviction should not be allowed because it is not relevant to the current case, the jury will nonetheless have already been told that such a conviction exists even if the judge sustains the objection and instructs the jury to disregard the information. A motion in limine ensures that that information is not presented to the jury in the first place. If either party violates the motion in limine then a mistrial may be declared. There are three types of motions in limine: inclusionary, exclusionary, and preclusionary. As their names suggest, when an inclusionary motion in limine is being made then the party is asking the court that certain evidence be specifically included in the trial. An exclusionary motion in limine, meanwhile, asks that information be excluded and kept from the jury (such as a defendant’s previous conviction, as discussed above). Finally, a preclusionary motion in limine can preclude potentially inadmissible evidence from being included. A motion for judgment n.o.v. (non-obstante veredicto) is made after the jury has delivered its verdict. A motion for judgment n.o.v. Is made by the defendant and asks the judge to reverse the verdict delivered by the jury. This is a rare motion that is only made if there are no reasonable grounds on which the jury could have reached its verdict, such as if the jury delivers a guilty verdict despite evidence that clearly proves that the defendant could not have committed the offense in question. Such a motion can only be used to overturn a verdict of guilty, which is why it is filed by the defense. For example, if a jury delivers a verdict of not guilty the prosecution cannot file a motion for judgment n.o.v. asking that the judge change that verdict to guilty. A motion to set aside judgment is another motion that can be filed after a judgment or verdict in a case has been delivered. This motion is a request for the court to nullify or vacate a judgment or verdict that had previously been reached in the case. Such a motion is generally filed if new evidence comes to light after the case has ended that may cast doubt on the original verdict. As such, a motion to set aside judgment cannot usually be made on grounds that were already considered by the court during the original trial. A unique aspect of a motion to set aside judgment is that it can be filed long after a verdict or judgment has been issued, even years afterward. A motion for a new trial is another motion that is filed after a verdict has been delivered. Either party can make a motion for a new trial if they believe that a significant error was made during the trial that necessitates a new trial. For example, evidence may have been introduced during the trial which had already been excluded because of a motion in limine. A motion for a new trial is not a request for the verdict to be changed or overturned. Indeed, the new trial could lead to the same verdict as the first trial. In many jurisdictions, and unlike a motion to set aside judgment, there are time limits for filing a motion for a new trial and missing these time limits could result in the trial’s verdict automatically being allowed to stand. Motions are ubiquitous in both civil and criminal trials and they are essential to keeping the courts moving. Motions can be filed before, during, and even after the trial has taken place. These motions help establish the parameters by which a fair trial can be best ensured and for placing greater confidence in the justice system. Furthermore, certain motions allow that errors that may have otherwise resulted in a wrongful conviction can be reversed. While there are many diverse types of motions, the ones described above are especially common and especially important in ensuring that justice is administered properly and fairly. "
Four Facts About Consideration Contract Law Requires You To Know,"One of the most essential components of an agreement that you can enforce in court is consideration. A promise to paint your neighbor’s fence might be a friendly gesture comparable to a gift. If you add the fact that your promise to paint the fence was made in exchange for your neighbor’s promise to do repairs on your car, the nice gestures might be the consideration contract law recognizes as supporting a legally enforceable agreement. Consideration is more than simply the payment of money in exchange for something whether it is services or goods. There are other forms of consideration that are not as easy to recognize as agreeing to pay $100 in exchange for a tire for your car. Consideration is what you give in exchange for what you get from the other party to the contract. Promises, promises Sometimes, the consideration for a contract takes the form of a promise in exchange for a promise. This creates what lawyers refer to as a bilateral contract or a bilateral agreement. The promise to paint your neighbor’s fence would be a gift were it not for your neighbor’s promise to fix your car. Here you have a promise given in exchange for a promise, so a legally enforceable contract has been created. If you do not paint your neighbor’s fence, you could be sued by your neighbor for breach of contract. When promises give way to actions When you agreed to pay $100 for the tire for your car, it might seem to be a bilateral contract, but it is not. Your offer to pay for the tire creates a unilateral contract because you are giving money in exchange for a tire. The consideration in a unilateral contract is a promise in exchange for an act. The promise is the offer of $100 upon receipt of the tire, or a promise for an act. Giving something up as consideration for a contract If your wealthy uncle asks you to stop smoking cigarettes for a year in exchange for his promise to give you $1000, your first thought might be: “What is he getting out of this.” Your promise to quit smoking is based upon your uncle’s promise to pay you the money, so it is an agreement you can enforce in court assuming you make it through the year without smoking. Consideration must be something promised or performed now or in the future, but it cannot be something you did in the past. For example, instead of asking you to quit smoking, your rich uncle promises to give you $1,000 for helping him last year when he was moving. A couple of weeks go by, but your uncle does not give you the money. Unfortunately, there is not too much you can do because the promise to pay you in consideration for your good deed last year is a past consideration, so the agreement is unenforceable. Understanding the concept of consideration contract law requires for a legally enforceable agreement can be difficult. An attorney might be able to answer your questions and concerns. "
Five Surprising Facts about Insanity Defenses,"Insanity defenses tend to provoke a lot of controversy, especially when a high-profile case ends with the accused being found not guilty because of a mental impairment. For some people, the fact that a person who clearly committed a crime could nonetheless be found not guilty of it is deeply troubling. However, the insanity defense has existed for centuries and is designed to ensure that defendants who are incapable of understanding what it is they may have done are not punished because of an action that was beyond their control. While the insanity defense sparks lots of debate, it is also highly misunderstood. Below are just four aspects of insanity defenses you may not know about. While they certainly garner a lot of media attention, the fact is that using the insanity defense is extremely rare. Numerous studies have been conducted into how common insanity pleas are and almost all of them have found that such pleas are made in less than one percent of cases. In fact, a 1991 study found that not only were insanity defenses made in less than one percent of cases at the county level, but that such defenses were successful only about a quarter of the time. There are three states where it is not possible use the insanity defense. Those states are Idaho, Montana, and Utah. However, while these states do not allow the insanity defense, defendants there must still be found mentally competent to stand trial, meaning that they understand the charges against them. Furthermore, in those three states defendants can still argue that they are not guilty if a mental condition made it impossible for them to have intended to commit the crime they are accused of. While some people get upset that a person who is acquitted of a crime by reason of insanity is viewed as “not guilty” in the eyes of the law, it is important to point out that such an acquittal does not necessarily translate into freedom back into society. In fact, the American Psychiatric Association has studied this issue and points out that those who are acquitted by reason of insanity are, on average, confined to an institution for longer periods than those found guilty of similar crimes are incarcerated in prison. Psychiatrists and psychologists play a big role in criminal cases involving insanity defenses. That is because these professionals are considered expert witnesses who can offer testimony to help determine whether or not the defendant is insane. However, the ultimate decision about whether or not a defendant is insane does not lie with these professionals, but rather with the jury and judge, who must take the evidence provided by expert witnesses into account when rendering their verdicts. Insanity defenses are often a hot topic in the press, but unfortunately much of the controversy fueling the subject is driven by assumptions that are not always backed up by facts. As the above article shows, the insanity defense, while controversial, is a rarely used and misunderstood defense designed to ensure that the justice system is fairly administered. "
Five Common Courtroom Objections and Their Meanings,"Courtrooms are places that most people would rather avoid. Most people associate courtrooms with lawsuits or criminal charges, and the procedures and terminology used by judges and lawyers can make it difficult for the average person to understand what is taking place. An attorney rising from his or her chair to shout, “Objection,” might seem odd, but there is a meaning behind each and every objection raised by an attorney. Here are five of the most common courtroom objections and their meanings to help you to understand what is happening. An out of court third-party statement offered for its truth by a witness might be inadmissible as evidence because it is hearsay. “John told me that he saw the defendant commit the crime,” is an example of a hearsay statement because the witness is repeating something said by another person. The reason for the hearsay rule is that John is not present in court to be cross examined about factors such as lighting conditions or his eyesight. “I saw John running out of the store, so he must have been the person who robbed it,” is an example of speculation by the witness. The witness can testify that John was seen running out of the store, but the rest of the testimony is speculation because John could also have been running away from the person who actually committed the crime. A leading question is one that is phrased in such a way as to provide the answer to the witness or lead the witness toward the answer the attorney wants to hear. As a general rule, leading questions can be answered with either “yes” or “no.” “Did John return to the house at 9 p.m.” is an example of a leading question. Leading questions are permitted during cross examination of a witness. Expert witnesses, due to their training, education, experience and knowledge, can be asked questions seeking their opinion on a particular topic or issue. Before the opinion can be offered, the attorney asking the question must lay a foundation that demonstrates the expertise of the witness. This is usually accomplished by asking the witness to list his or her credentials and background. The purpose of the evidence offered at a trial is to prove something that is in controversy. Sometimes, the value of the evidence is outweighed by its prejudicial nature. For example the introduction of photographs taken during an autopsy might be objected to by defense counsel as being prejudicial because of the shocking images they portray. The attorney making the objection might argue that the testimony of the medical examiner who performed the autopsy is sufficient to prove the cause of death without the inflammatory photos. The rules and procedures for objections have changed over the years. Today, lawyers frequently make an objection without stating a reason for it which is now an acceptable procedure over the older rule requiring the lawyer to explain the basis for each objection. "
A Motion In Limine Can Prevent Damage At Trial,"Raising objections to the introduction of evidence is usually associated with the trial stage of a civil or criminal case. It is not necessary to wait until the opposing party attempts to introduce the evidence at trial to raise the objection. Motions in limine can be at any stage of a case to obtain an order from the court limiting the introduction of specific evidence at trial. Limine means “threshold” in Latin, so a motion in limine is a motion made to the court at the beginning of a case. In practice, the motion can be made at any stage of the proceedings including at the trial, but they are most effective when made prior to trial so to avoid the risk of jurors being prejudiced by hearing an attorney begin to introduce evidence followed by an objection by opposing counsel. A defense attorney might consider the use of a motion in limine in a civil case arising out of a car accident that was filed by an injured plaintiff. If the defense attorney believes the plaintiff might try to introduce evidence of the defendant’s conviction 20 years ago for driving while intoxicated, a motion in limine might be better than waiting until the plaintiff’s attorney attempts to ask about it on cross examination of the defendant in front of the jury. Experts are frequently called upon to testify at trials and offer an opinion based upon their expertise in a specific area. The rules of evidence require proof that the witness has the proper education, experience and practical skills to qualify as an expert. Instead of waiting until the witness is called to the stand to testify at the trial, the opposing attorney can make a motion in limine asking the judge to determine in advance of the trial whether the witness has the proper qualifications to render an expert opinion. The judge might elect to conduct a hearing in advance of trial to settle the question of the witness’s qualifications and decide if the individual will be allowed to testify. If the defense attorney in a wrongful death case arising from a serious motor vehicle accident finds out that the plaintiff intends to offer photographs of the deceased taken during an autopsy, he or she might want to exclude them from the trial as being prejudicial to the defense. The attorney might argue that the gruesome nature of the photographs far outweighs any probative value they might have in the case. Even though a verbal objection could be made when the attorney for the plaintiff’s estate offered the autopsy photographs into evidence the damage might already have been done. The chances of some or all of the jurors seeing and being affected by the images before the objection is made and ruled upon is an unnecessary risk that could be avoided by a motion in limine. "
Is There a Difference Between Attorney-Client Privilege and Confidentiality?,"Attorney-client privilege and attorney-client confidentiality are vital to the relationship that exists between a lawyer and his or her client. Without protections surrounding privilege and confidentiality, attorneys would have an extremely difficult time creating open and trustworthy communications with their clients, which, in turn, would make it difficult for clients to be well represented in legal matters. However, attorney-client privilege and attorney-client confidentiality are two-term that often get confused with one another–even, sometimes, by attorneys themselves! While these two concepts overlap in many ways, they are also different from one another in some very important aspects. Attorney-client privilege and attorney-client confidentiality often get confused for one another because in many cases they serve the same purpose, which is to protect the confidentiality of the information and/or communication that is shared between an: These two concepts are vital for allowing clients to feel as though they can be open and honest with their attorneys without fear of reprisal or self-incrimination. Without such safeguards, clients would likely feel compelled to withhold vital information out of fear that such information could result in undesirable consequences. Privilege and confidentiality, therefore, allow attorneys to provide better legal representation since these safeguards ensure that the attorney is in possession of more information about his or her client’s case. What Is The Role Of A Defense Attorney? The main difference between attorney-client privilege and attorney-client confidentiality is that the former is an evidentiary principle while the latter is an ethical principle. The difference between an evidentiary and an ethical principle matters in a number of ways. First, attorney-client privilege tends to be much narrower in scope compared with attorney-client confidentiality. While attorney-client privilege differs by state, in general, it refers only to communication between an attorney and his or her client. In many cases, attorney-client privilege only protects such communication if that communication pertains to the litigation at hand and it also does not protect communication that is available from a third-party source. Additionally, there may be a number of instances where attorney-client communication is exempt from privilege protections. In contrast, attorney-client confidentiality tends to be much broader in scope. Confidentiality requires the attorney to not only not reveal information that has been shared with him or her by the client but also prevents that attorney from using such confidential information in a way that may be disadvantageous to the client. Furthermore, the duty of confidentiality pertains to most information that may be used against the client, whether or not that information was revealed by the client or by a third party. For example, if an attorney receives information from a client’s friend that could harm the client’s case then attorney-client confidentiality would still forbid that attorney from using that information against his or her client. Again some information may be exempt from attorney-client confidentiality protections. Attorney-client privilege and confidentiality are such overlapping concepts that it is easy to confuse one with the other. However, as shown above, there are some very significant differences between these two principles and these differences can have an important impact on how an attorney chooses to advance his or her client’s case.   "
The Two Different Types of Compensatory Damages,"Damages are extremely common in personal injury lawsuits. Many people tend to think of damages in terms of compensatory damages, which literally compensate the plaintiff for the loss she or he has incurred, and punitive damages, which are designed to punish the defendant for his or her behavior. What some people may not be aware of, however, is that compensatory damages themselves are also divided into two different categories: special damages and general damages. Understanding these two types of damages is essential for understanding how courts compensate plaintiffs for losses they have suffered. Special damages are the more straightforward side of compensatory damages. Essentially, special damages are those damages that are easily calculable. They often have a firm dollar figure attached to them that are not really up for debate. Medical bills, for example, count as special damages since they provide firm evidence of the dollar amount that would need to be compensated by the defendant if the plaintiff was successful in his or her case. Other easily calculable expenses that are classified as special damages include lost income due to time that had to be taken off work, property loss and damage, and out-of-pocket expenses related to the incident that is at the center of the litigation. Basically, special damages are those that can easily and quickly be calculated without too much debate. In contrast to special damages, general damages tend to be much more subjective and difficult to pin down. General damages include items like pain and suffering, mental illness, anxiety, and emotional distress that are related to the injury in question. After all, a serious car accident doesn’t just leave a victim with physical injuries, but also, in many cases, causes emotional distress, such as frequent nightmares, traumatic symptoms, and anxiety. Quantifying these items is obviously much more difficult than quantifying special damages. Some courts use the “multiplier method,” which calculates general damages by multiplying the sum total of one’s special damages by a number that is dependent on the seriousness of one’s injuries. In other cases, courts will use the “per diem” method, which attaches a dollar value to each day that the plaintiff suffered because of the accident and then adds the value of all those days together. In some cases, court will use a mix of the multiplier method and the per diem method. Regardless, in most instances general damages are usually higher for those who have suffered more serious injuries and lower for injuries that may be considered relatively minor. Compensating injury victims is an important part of personal injury law and is something that civil courts grapple with throughout the country. While specific damages are clearly fairly straightforward, general damages routinely challenge courts to come up with a dollar figure for something that is highly subjective in value. Determining what is an appropriate amount of compensation for injury victims continues to stir up quite a bit of debate, not just among legal experts themselves, but in the media and throughout society. "
Three Potential Consequences of Breach of Fiduciary Duty,"There is no legal standard of care higher than fiduciary duty. Fiduciary duty exists in many different contexts and situations, but it essentially refers to times when a special trust or confidence is placed in one party by another. For example, directors of corporations have a fiduciary duty to their shareholders, attorneys to their clients, and doctors to their patients. This high duty of care exists because in many of these cases the person who owes the fiduciary duty to another party is expected to use his or her knowledge or expertise in order to advance the interests of his or her client, shareholder, patient, etc. Because of this high duty of care, breaching fiduciary duty is considered very serious and can result in litigation. Here are just some of the potential consequences of breaching fiduciary duty. If an alleged breach of fiduciary duties leads to litigation then one of the most common outcomes is for the victim to receive compensatory damages. As their name suggests, compensatory damages are designed to compensate the victim for loss he or she has incurred as a result of the breach. For example, shareholders in a company may argue that a decision made by the director of the company was designed to profit the director at the expense of the shareholders. The shareholders would have to show the court that the director breached his or her fiduciary duty and also show that such a breach resulted in a loss for the shareholders. If such a breach were proven then the court could order the director to pay compensatory damages to the shareholders. In some jurisdictions, violating fiduciary duty can also lead to punitive damages. Punitive damages go beyond compensatory damages and are designed to punish the party that violated the fiduciary duty in question. Such punitive damages not only discourage the defendant from committing the same breach of fiduciary duty in the future, but they also send a message to society at large that breaching fiduciary duty will result in consequences for offenders. Punitive damages are typically only awarded in cases involving fraud or malice. Aside from the monetary damages incurred, professionals may also face other consequences that could significantly hamper their careers. A breach of fiduciary duty by an attorney, for example, could form the basis of a legal malpractice lawsuit. Depending on the specific claims made, such a breach could even result in an attorney eventually getting debarred. Additionally, a breach of fiduciary duty could result in the loss of a professional license or accreditation, such as in cases involving serious breaches of fiduciary duties by a doctor or an accountant. The loss of such licenses could potentially be worse than being ordered to pay financial damages and could lead to an inability to stay in one’s profession of choice. A fiduciary duty is one of the highest duties of care that currently exist and breaching it is a serious offense. As the above article shows, failing to uphold one’s fiduciary duties could not only lead to major financial consequences, but could even spell the end of one’s career. "
The Tricky Task of Proving Payment: A Rent Receipt Can Make The Difference,"Assuming that you pay your rent on time and try to live the life of a model tenant, a letter from your landlord claiming that you owe rent might be alarming to you. Even more alarming might be the fact you cannot find a rent receipt for the month your landlord claims was not paid. Disputes over rent payments can end up in court as your landlord attempts to evict you. Courtrooms are anxiety producing places that most people would like to avoid. Unfortunately, a dispute with your landlord over the payment of rent is one of those situations in which going to court might be unavoidable. One of the reasons for the stress and anxiety people experience is their lack of understanding of the process and procedures associated with a civil case. A court is someplace where people can bring disputes and conflicts to be settled by an impartial judge. Judges have the authority make binding and legally enforceable orders after reviewing the testimony, documents and other evidence presented by each of the parties. The fact that judges usually know nothing about the parties or their dispute other than what is written in the papers filed to get the case into court means that the evidence presented by each side in the dispute is essential. The party initiating the court proceedings, frequently referred to as either the plaintiff or the petitioner, has the burden of proving the facts in dispute. The landlord suing a tenant for nonpayment of rent would have the burden of proving each of the following elements of the case through the use of a combination of witnesses and documentary evidence:
 The existence of a written or oral lease
 The occupancy of the leased premises by the tenant
 The amount of the agreed upon rent
 The failure of the tenant to pay the rent Proving that the tenant did not pay the rent can be accomplished merely through the testimony of the landlord stating that the rent was not paid. Once the landlord claims nonpayment, the burden of proof shifts to the tenant. Whether a case is based upon the failure of a tenant to pay rent or the default by a debtor in paying money owed under the terms of a promissory note, the burden is on the person claiming payment was made to present evidence to prove it. A rent receipt or a cancelled check would be the easiest way for a tenant to prove that rent was paid. A rent receipt help you to avoid going to court over a rent dispute. You should demand a written receipt whenever making a payment in cash for rent or for any debt or obligation. Some states have enacted laws placing the burden on landlords to give written receipts for cash payments or risk not be allowing to use the courts to collect unpaid rent. "
How to Write a Resignation Letter like a Lawyer,"When it comes to writing a resignation letter, we all know how important it is to provide sufficient notice, make sure our grammar and spelling are correct, and state when our resignation will take force. What many people overlook, however, is that there are also important legal considerations to keep in mind when handing in a resignation letter. An improperly drafted resignation letter could spell trouble for future lawsuits or it might put in jeopardy benefits that you are otherwise entitled to. Regardless of your job, you need to learn how to write a resignation letter… like a lawyer! The first thing to work out is whether you are really resigning or actually being forced from your job. Your boss may have told you you are being let go, for example, but nonetheless gives you the “opportunity” to write a resignation letter so that you can tell future employers that you resigned instead of getting fired. However, by resigning and not allowing your employer to let you go, you may make it difficult if not impossible to qualify for severance pay or unemployment benefits. Most employment contracts state what notice period is required when an employee resigns or his or her position is terminated. Make sure you read your employment contract and respect the notice period. By failing to respect the notice period, you could be considered in breach of your employment contract, which could expose you to a lawsuit by your employer. In many cases, even if you provide enough notice, the employer will ask you to leave the premises immediately so that neither of you will have to deal with the awkward situation of continuing to work together when you both know that you’ll be leaving soon. Your resignation letter should not be longer than is necessary. In fact, brevity may help you in the long run by reducing your legal exposure. Only include the items that are necessary for the resignation letter to be effective, such as when your resignation will take effect, when company property in your possession will be returned, and if any salary or benefits are due to you. In most cases, outlining why you are resigning is unnecessary and a bad idea, since it could eventually be used against you if your employer claims you are in breach of contract. When writing a resignation letter, you want to make sure that you are not unintentionally exposing yourself to possible legal action. A resignation letter is an important document and before handing one in to your employer, you should check with an employment law attorney to ensure that your rights are being protected. "
Know These 3 Things Before Agreeing To A Lease Takeover,"There are many reasons why a business or an individual might need to find someone to agree to a lease takeover. If you rent an apartment, the once-in-a-lifetime job opportunity across the country might not allow you to wait until your lease expires to move. As a business owner, the commercial space on which you signed a ten-year lease five years ago might not be sufficient to accommodate your growing business. One method of getting out of a lease is to find someone willing to do a lease takeover with you. Before jumping into an agreement to have someone take over your lease, there are three things you must understand about the process. The assignment of a lease to another tenant might require the consent of your landlord. Some states have laws severely limiting the right of a landlord to refuse to consent to the assignment of a lease on residential property. Most states do not place the same restrictions on the owners of commercial properties, so you should check the laws in your state to find out what rules apply in your particular situation. If you do not obtain the consent of your landlord to a lease takeover, you could remain legally obligated for the rent and other obligations under the lease in the event the new tenant does not fulfill them. For example, if the tenant taking over your lease does not pay the rent, the owner of the property can sue you for it. The reason for this is that the original lease was between you and your landlord. By not getting the landlord to agree to the lease takeover by the new tenant, you would continue to be liable under its terms. Finding a tenant to take over a portion of the property that you are leasing is referred to as a sublet. The new tenant signs a sublease agreement with you agreeing to pay your rent for the portion of the property being sublet. In effect, you become a landlord for the portion of the property specified in the sublease. A sublease is not a lease assignment or lease takeover because you remain as a tenant for the portion of the property not affected by the sublease. As far as your landlord is concerned, you are responsible for payment of the rent on the property described in your lease. The sublease does not relieve you of your lease obligations to your landlord. Entering into a lease takeover with someone without a written agreement signed by all parties, including the landlord, is dangerous. A written assignment of lease that clearly states the terms and conditions under which you are allowing someone to take over your lease is valuable as evidence in the event of a dispute between: Before agreeing to any lease takeover, you should consult with an attorney who practices in the area of leases and tenant’s rights. You can avoid costly mistakes by having the attorney review your lease assignment to make certain that it complies with local laws and protects you from liability. "
Hiring Someone To Represent You: Five Questions To Ask A Lawyer,"Every lawyer must pass a bar examination and be screened before being allowed to practice law, but choosing the lawyer who is the best one to handle your particular legal matter can be a daunting task. Deciding which of the many lawyers admitted to practice in your state is the right one to represent you may come down to the answers you receive to these five questions you should ask a lawyer before hiring him or her. Don’t exclude an attorney from consideration simply because the person has not been practicing for very long. Ask a lawyer who is recently admitted to the bar to explain to you the experience the individual has had handling your type of legal matter. You might be surprised to learn that the attorney clerked for a judge and has considerable experience researching and writing opinions about the area of law in which you need representation. Some states certify attorneys as specialists in particular areas of the law, including: .   Family Law .   Criminal Law .   Elder Law .   Civil Trial Advocacy .   Estate Planning, Trusts and Estates Ask a lawyer if he or she possesses a certification as a specialist in the particular legal area in which you need representation. The Martindale-Hubbell Peer Review Ratings use responses from randomly chosen attorneys located in the general geographic vicinity as the attorney chosen to be rated. Ratings are based upon the following five criteria: .   Legal knowledge .   Judgment .   Analytical ability .   Communications .   Legal experience The sources of the ratings are not revealed to the attorney being evaluated to keep the results impartial. A high Peer Review Rating is a good indicator of how the lawyer is thought of within the local legal community. It might come as a surprise to people that malpractice or, as it is also referred to, professional liability insurance is not carried by all attorneys. If the attorney you are considering hiring to represent you does not handle the matter correctly, you might be able to receive compensation from the malpractice policy. Ask the lawyer how much it will cost to be represented in the particular legal matter and how payment is to be made. You do not want to be shocked by an unexpectedly large bill for services rendered at the conclusion of the case, so ask the lawyer the amount of the fees, the expenses for which you are responsible and how frequently you will be billed. Regardless of the questions you ask a lawyer, you should take advantage of the opportunity to speak to current or former clients to find out about their experience with the attorney or with the law firm. Client referrals or recommendations coupled with information you get from the questions you ask the lawyer will help ensure that the person you select is the best one for the job. "
Five Ways to Spot a POA Scam,"A power of attorney (POA) is a powerful legal tool that grants one person the authority to make legal decisions, such as those related to health and financial matters, on behalf of another individual. When placed in the right hands, a POA is an important way to ensure that people who are temporarily or permanently incapable of making their own decisions have somebody they can trust to make those decisions for them. However, POAs are also rife with abuse and, when placed in the hands of unscrupulous or greedy individuals, they can quickly lead to scams and fraud. Here are five ways to spot a possible POA scam. In many cases, an individual needs only grant power of attorney to another person for limited duties or for a temporary amount of time. For example, if a person injures herself, she may grant power of attorney to a neighbor to have that neighbor renew her driver’s license while she is incapable of doing so herself. However, the neighbor may take advantage of the situation and have the injured woman agree to a POA that grants the neighbor complete access to her bank accounts. If somebody seems to have more power than appears warranted given a certain situation, then POA abuse may be occurring. Another common scam occurs when an elderly person has a mishap and suddenly a long-lost relative, such as a nephew or cousin, shows up offering condolences and support. Soon, this “caring” nephew convinces the elderly relative to sign over a POA so that the nephew can provide better care. What often ends up happening is that the supposedly concerned relative ends up using the POA to raid the elderly relative’s accounts. Another tactic that a greedy relative or friend may use is to convince an elderly person that they can substantially increase their retirement savings if they allow that money to be invested in a “sure fire” business opportunity. This relative may place the money into their own highly speculative venture, which in many cases not only fails to produce the promised returns but also leaves the elderly individual with little left in his or her accounts. Elder abuse is a growing problem and one in which POAs can play a powerful role. Somebody who abuses a POA violates not only the trust an individual has placed in him or her, but also breaks the law. Proving such abuse is happening could be key to revoking power of attorney and ensuring that elderly loved ones are being cared for properly and with respect. "
How The Supreme Court Changed The Number of States that Allow Gay Marriage,"Before the U.S. Supreme Court ruling in 2015 declaring laws banning same-sex marriages to be unconstitutional, a review of marriage laws throughout the country would have revealed that states that allow gay marriage far outnumbered those that did not. In fact, 37 states allowed same-sex marriages, so what were the issues preventing all states from granting marriage licenses to gay couples? Each state sets its own standards for the marriages that it agrees to recognize as being legally valid. The issuance of a marriage license is just the first step in a process established by legislation. Couples must meet requirements as to age minimums and residency restrictions in order to be eligible to receive permission to marry. State legislatures set the standards for marriage and determined who would be allowed to marry. For example, states have laws prohibiting marriages between individuals related by blood. They also have laws that allow the state to refuse to recognize as valid a marriage entered into when one or both of the parties is already married to another person. The argument the dissenting justices made in the 2015 case was that the Court’s ruling was usurping the authority of the state legislatures by redefining the very concept of marriage stripping the states of the right to control marriage within their own borders. This argument focused on the long-held belief that marriage was a union between a man and a woman. The dissenters claimed that the action taken by the Court was and should remain a legislative function. Speaking for the majority of the Court, Justice Anthony Kennedy wrote that the intimate relationship associated with marriage should not be denied to a couple simply because the partners were of the same sex. He rejected claims that procreation and childrearing were essential to a marriage and could not occur in a union unless the parties were of the opposite gender. Kennedy wrote that many traditional marriages exist in which the parties choose not to have children and many same-sex couples want to adopt children and raise them under the same union as straight married couples. The foundation for the ruling in Obergefell v. Hodges was the Fourteenth Amendment process and equal protection provisions. Denying a marriage license to a couple solely on the basis of the sexual orientation of the parties was preventing same-sex couples from enjoying the same rights and benefits granted to other couples. The increase in the number of states that allow gay marriage to all 50 states and the District of Columbia does not affect marriages in other countries. The Supreme Court ruling is limited to marriages in the U.S., but the global media attention the decision triggered might cause countries with laws similar to those that existed in states that previously banned gay marriages to rethink their policies. "
Five Steps That Show You How To File For Divorce,"The legal separation of man and wife, effected, for cause, by the judgment of a court, and either totally dissolving the marriage relation, or suspending its effects so far as concerns the cohabitation of the parties. Atherton v. Atherton, 181 U. S.155, 21 Sup. Ct. 544, 45 L. Ed. 791; Miller v. Miller, 33 Cal. 355; Cast v. Cast, 1 Utah, 112. The dissolution is termed “divorce from the bond of matrimony,” or, in the Latin form of the expression, “a vinculo matrimonii” the suspension, “divorce from bed audboard,” “o mensa ct thoro.” The former divorce puts an end to the marriage; the latter leaves it in full force. 2 Bish. Mar. & Div. TLD Example: The decision by the couple to end their marriage by filing for a divorce shocked their friends and family. See, How Long Does an Uncontested Divorce Take?; What Is an Online Divorce? Explanation and Tips; 5 Ways to Get a Cheap Divorce "
Four Reasons to Use a Bill of Sale Template When Selling a Car,"Buying or selling a motor vehicle is a major financial transaction for most people. If you are planning on buying or selling a car, then you have likely done a lot of preparation, such as ensuring you receive or pay a price that seems reasonable to you. What you may have overlooked, however, is the importance of a bill of sale once your transaction is finally completed. A bill of sale is an extremely important document when buying or selling a car and a bill of sale template can help you during your own purchase or sale. Here are just four reasons why you need a bill of sale when buying or selling an automobile. A signed bill of sale provides important legal protections to the buyer and even to the seller. For the buyer, the bill of sale proves that a transaction took place. This information is extremely important if something serious is wrong with the vehicle that the seller knew about but failed to notify the buyer of. Furthermore, without a bill of sale tickets on the vehicle, such as parking and speeding tickets, that are incurred by the new owner could become the responsibility of the previous owner. It is extremely important that when creating a bill of sale that it be signed by both parties. A bill of sale for a car is much more complicated than the receipt you receive at your local supermarket or in most retail stores. In most states, a bill of sale for a car must include relatively detailed information, including the: This information can make registering the car in the new owner’s name much easier since this is also the information many states require during registration. A bill of sale can also make it easier to make a smarter and more informed decision about the car being purchased. While the seller may have provided you with a vehicle history report, you may feel more comfortable carrying out your own check on the vehicle’s history. The information included on the bill of sale can be compared against a vehicle history report to ensure that the vehicle history report is accurate. Also, you can use the bill of sale to conduct your own inquiries into the vehicle’s history. In some states, getting a bill of sale not only makes practical and financial sense, but it is also the law. Additionally, most states also layout requirements for what information must be included on a bill of sale. Some states even require that a bill of sale for an automobile be notarized. Find out your own state’s laws and remember that a bill of sale is not proof of ownership. For ownership, you will need a title transfer. How To Sign Over A Car Title To Someone Writing out a bill of sale is not something that comes naturally to most people. Fortunately, a bill of sale template can help those who are selling or purchasing a vehicle ensure that their bill of sale covers all necessary information and protects them in case a dispute about the transaction arises later on. "
Three Surprising Facts About Holiday Pay,"When it comes to holiday pay, Scrooge would love today’s wage and salary laws. As far as federal law is concerned, Christmas, New Year’s Day and even Labor Day are just regular days of the week if they fall on a day on which you are scheduled to work. If your employer gives you Christmas Day off, chances are you are not entitled to holiday pay. Here are three facts about holiday pay that might surprise you. Hourly workers or, as they are officially and legally known, non-exempt employees, are not entitled to any additional pay for working on a holiday as long as it is part of the 40 hours they work that week. The law requires employers to pay you overtime for each hour you work in excess of 40 hours a week. Unfortunately, if Christmas Day is a regularly schedule workday for you, your employer is not required to pay you extra for working on a holiday. Some employers give their workers the day off on certain holidays and, sorry Mr. Scrooge, pay them for the day. Keep in mind that if the company you work for is one of those paying holiday pay, its owners are not doing so because of any legal obligation to do so. They are simply being nice employers. So, you are a non-exempt worker and your employer gives you Christmas Day off without pay. As you now realize, there isn’t much you can do about it. However, if the company holiday party is an event that you are required to attend, the law treats it as a workday for which you must be paid. You religion might not allow you to work on certain holidays. If it is truly a religious belief and your absence will not cause a burden to your employer, then you would have the right to take the day off. Don’t count on getting paid for the holiday unless your employer has a company policy in place of paying its workers holiday pay. Salaried employees are considered to be exempt from the rules that generally apply to hourly workers. Since you are not paid based upon the hours you work, your employer cannot deduct anything from your check if your employer closes on a holiday. On the other hand, if you work on a holiday when other employees are off, you might earn the thanks and gratitude of your boss, but don’t think that working on the holiday entitles you to receive holiday pay. Whether you are an exempt employee or non-exempt, the presence of a union could change the rules about holiday pay. Collective bargaining agreements negotiated by unions could affect your entitlement to holiday pay. The best recourse if you are a union member with questions about payroll issues is to speak with your union representative. "
IRS Form SS-4: Four Ways To Obtain An Employer Identification Number,"In much the same way that a person needs a Social Security number in order to file income tax returns, businesses, estates and trusts, and organizations must also have an identification number to put onto the return. An Employer Identification Number, or EIN for short, is an identification number obtained from the Internal Revenue Service for tax-filing purposes. One method for obtaining an EIN is to file IRS Form ss-4, but there are actually four ways to apply of it. It takes about four weeks for the IRS to process an ss-4 form from when they receive it if you apply through the mail. The information requested on an ss-4 includes: .   Name and address of the entity or person for whom the EIN is requested .   The name and Social Security number or EIN of a responsible party acting on behalf of the entity or organization applying for an EIN .   The type of entity or organization .   The reason for applying for an EIN .   Number of employees of the entity The ss-4 must be signed by someone authorized to sign on behalf of the party or entity in need of the EIN. The completed application must be sent to the IRS processing center indicated in the instructions that accompany the ss-4. The IRS allows you to file your Form ss-4 with them via fax. The process is essentially the same as applying for an EIN through the mail except that the completed ss-4 is sent by fax. The processing time for a faxed application is four business days from the date of its receipt by the IRS. The EIN will be sent to you by fax once the application is processed. The fastest way to obtain an EIN is to apply for it over the internet. You can go to the IRS website and complete an online application that asks for the same information contained in the paper ss-4 you fill out to apply by mail or by fax. The owner, general partner or officer of a business entity must have a Social Security number or EIN in order to apply online. Executors of estates and trustees of a trust applying for an EIN must have their own Social Security number or EIN in order to complete the online application process. The online application will get you an EIN immediately. As soon as you complete the online process, the website issues you the EIN and allows you to print, save and download confirmation. Telephone applications for EINs are available to international applicants. The process involves the answering questions concerning the information on the Form ss-4. Whether you apply online, through the mail, by fax or by telephone, the IRS does not charge a fee for an EIN. IRS Form ss-4 can be obtained free from the IRS website. Businesses and entities that already have an EIN might need to obtain a new one if there has been a change in ownership. "
Three Things You Need To Know If You Are The Victim Of Workplace Harassment,"Federal laws and Department of Labor policies prohibit workplace harassment. Most states also have laws against such conduct, so if you are the victim of harassment in the workplace, you have remedies available to you at both the state and federal levels of government. Workplace harassment is usually associated with offensive conduct of a sexual nature, but other forms of more subtle behavior in the workplace can also be a violation of the law. These three facts about workplace harassment will help you to recognize it, and know what to do if you are a victim. Federal laws treat harassment in the workplace as a form of discrimination. Harassment is any unwelcome conduct related to another person’s age, nationality, race, color, religion, gender, genetic information or disability. The workplace harassment usually takes on one of two forms: Quid pro quo harassment or hostile environment harassment. Quid pro quo harassment is when you are forced to endure and accept offensive conduct as a condition of continued employment or other favorable employment decision from someone acting in a supervisory role over you. Examples of this type of harassment include: .   Being fired or demoted because you refused a boss’s sexual advances .   Being denied a promotion or being assigned fewer work hours because you refused to engage in a religious activities at the workplace   The other type of harassment in the workplace is hostile environment harassment. Unwanted conduct from co-workers, contractors or other people at your workplace that creates an intimidating, hostile or offensive environment for you is workplace harassment. A hostile environment can be created even though the conduct might not have been directed at you. Any behavior that is pervasive or severe enough to make you feel uncomfortable or intimidated is a violation of the law. Examples of hostile environment harassment include: .   Co-workers telling off-color jokes or using profane language related to race, nationality, religion or other similar topics that you consider to be offensive .   Comments about a person’s physical attributes .   Making sexually suggestive gestures .   Displaying pictures or images that are sexually suggestive .   Engaging in physically hostile conduct, such as making threats of physical harm The truth is that conduct that you might consider as being offensive might be acceptable to someone else. Because of this, courts apply a reasonable person standard when evaluating behaviors that are claimed to be offensive. Judges look to see if the conduct was solicited or invited by the employee claiming to be offended by it. As a general rule, if you are subjected to conduct that you find to be offensive or that might be a form of workplace harassment, complain to a supervisor. If the person engaging in or allowing the behavior is your supervisor, you should complain to someone in a higher management position in your company. Employers that fail to institute measures to stop workplace harassment can be liable for damages under state and federal laws. When in doubt about what to do, speak to an attorney or file a complaint with your state labor department. "
What are the Differences Between Civil Unions and Marriages?,"When the U.S. Supreme Court effectively made same-sex marriage legal across the United States in 2015, it seemed as though the debate between civil unions and marriages was over. However, while same-sex marriage is now legal in the U.S., civil unions and similar types of unions, such as domestic partnerships, still exist in some states. Understanding the differences between civil unions and marriage can be difficult, especially as the impact of the Supreme Court’s landmark ruling continues to be felt. With the changing nature of this important legal issue kept firmly in mind, here are some of the differences between and similarities among civil unions and marriages. Most states passed civil union laws in order to give same-sex couples most or all of the rights afforded to married couples without actually granting them the formal recognition of being married. In many states, civil unions were legalized prior to the legalization of same-sex marriage. Therefore, some states that had recognized civil unions subsequently converted those unions to marriages once they legalized same-sex marriage. In other words, civil unions are marriage-like without formally being recognized as marriages. Civil unions are offered on the state level and, therefore, the rights afforded to people in civil unions are limited to those that can be granted by states (as opposed to rights granted by the federal government or other states). Civil unions, therefore, often grant inheritance rights, spousal employment benefits, joint ownership rights, joint parental rights, spousal support rights, and the right not to testify against one’s civil union partner. The biggest drawback of civil unions, however, is that they are often only recognized by the states where such civil unions are issued. Civil unions are not recognized under federal law and many states also don’t recognize these unions. This lack of recognition is extremely important since married couples are entitled to a number of federal benefits through their spouses, including rights and benefits related to Social Security, Medicaid, and immigration. The only civil unions recognized by the federal government are those that have been converted into marriages. Likewise, because states are responsible for setting out their own marriage laws, civil unions may not be recognized in all states. This lack of recognition can pose major problems and challenges if a couple in a civil union decides to move to a state where their union is no longer recognized. Domestic partnerships are often the same as civil unions. In most cases, the only difference between a civil union and a domestic partnership is that one term is used in certain states while the other term is used in the remaining states. Now that same-sex marriage is legal in the U.S., the importance of civil unions and domestic partnerships has declined considerably. However, civil unions do continue to exist in a handful of states. People who remain in these unions should understand how their rights and benefits may have been impacted by the Supreme Court’s ruling and whether marriage may be a more practical course of action given the questionable relevance of civil unions going forward. "
Four Reason Why a Landlord Can (and Can’t) Reject a Rental Application,"Applying for a rental apartment, especially in hot markets like New York City and San Francisco, can be a stressful experience. Making a rental application is a major step in any apartment hunt as it shows a very serious desire to rent out the dwelling place in question. For many prospective tenants, the rental application can lead to a lot of anxiety, especially if they have concerns about the application getting rejected. While landlords are free to mostly choose whomever they want to live in their buildings, state and federal laws do prevent certain forms of discrimination against prospective tenants. Here are three reasons why a landlord can turn down a rental application–and one big reason why they cannot. Most landlords will ask about a prospective tenant’s income and will also check his or her credit history. A landlord wants to be assured that a tenant will be able to pay rent on time each month. If a prospective tenant’s income appears too low or if their credit history reveals a large number of debts or a history of late payments then the landlord is free to reject the application. It is at the landlord’s discretion to decide what a suitable income level is, but many landlords aim for tenants for whom rent will not account for more than a third of their incomes. A landlord can also check a prospective tenant’s references and is especially likely to do so if those references include former landlords. A landlord is free to reject a person’s rental application if his or her references reveal problems, such as damage that was incurred to previous properties the tenant occupied or noise complaints against the tenant. Additionally, a landlord can reject a rental application if the applicant was subject to an eviction notice. A landlord owns the building an applicant is trying to become a tenant of, meaning the landlord is largely allowed to choose who stays in that building so long as his or her choice does not violate anti-discrimination laws. Groups that are not protected by anti-discrimination laws, such as smokers and pet owners, can be rejected by landlords. Landlords are also allowed to reject applicants if they have a prior criminal conviction. The main reason a landlord is not allowed to reject a rental application is if the refusal violates federal or state anti-discrimination laws. Federal anti-discrimination laws prevent landlords from rejecting rental applications on the basis of race, age, gender, color, religion, origin, familial status, and/or a disability. States may have their own anti-discrimination laws that go further than federal protections, such as laws preventing refusals on the basis of marital status, sexual orientation, immigration status, or gender identity. Knowing why a landlord can and cannot reject a rental application can help those who are looking for a new apartment save time by quickly recognizing places that they are more likely to qualify for. Of course, while landlords have a great deal of power when deciding which rental applications to accept or reject, many landlords are also open to negotiating with prospective tenants if an issue does arise. "
Three Essential Things To Know About Pain and Suffering,"If you suffer an injury as the victim of another person’s negligent conduct, you might be entitled to collect damages. You will probably hear your attorney refer to pain and suffering playing a key role in the amount of damages you will receive by way of a settlement or in a jury verdict awarded after trial. There are three essential things you should know about pain and suffering to understand the value of your case. Lawyers usually refer to pain and suffering as the physical or mental pain and anguish a victim experiences from having suffered a personal injury. Whether it is the result of a motor vehicle accident, a slip-and-fall, or any type of accident caused by another individual, the current and future pain you experience could limit your ability to live a normal life. For that reason, pain and suffering is as much a part of how courts and insurance companies decide on the amount of compensation you should receive as an injured party as are lacerations and broken bones. The pain you suffer as a result of an injury could be either physical or emotional. Pain and suffering includes physical pain and mental pain or, as it is frequently referred to, mental anguish. An accident victim might suffer from any of the following examples of mental pain and suffering: .   Depression .   Inability to control anger or other emotions .   Anxiety .   Sexual dysfunction .   Inability to sleep .   Loss of appetite In particularly severe cases, injury sufferers have been diagnosed as exhibiting signs of post-traumatic stress disorder. Treatment for conditions falling under the category of mental pain and suffering could include a combination of medication and counseling that might be required over an extended period of time. Some states have laws imposing limitations the pain and suffering. States limit the recovery of pain and suffering damages in motor vehicle accidents unless the injured party can prove that he or she incurred medical and other out-of-pocket expenses exceeding a specific amount. Unlike broken bones and other types of injuries that can be exhibited to a judge or to a panel of jurors, it is difficult to prove the existence and degree of the pain, discomfort and mental anguish suffered by an accident victim. A journal or diary maintained by the victim might be one way to prove how his or her life has been affected by the injury. Frequently, the testimony of friends and relatives of the victim might be used to establish the effect the injury had on the individual’s life. The testimony and written report of a psychologist or other mental health provider who treated the victim could also be used to establish the existence and extent of pain and suffering. Deciding on a fair amount for pain and suffering is anything but an exact science. Attorneys and insurance adjusters sometimes arrive at a figure by multiplying the victim’s out-of-pocket expenses by a number from one through five that is supposed to represent the severity of the injuries. "
Strict Construction Has Been Debated For More Than 200 Years,"The concept of strict construction has usually been associated with the United States Supreme Court and how some of its members interpret the Constitution. Someone who is a strict constructionist believes that the literal meaning of the words should be adopted, but it can also mean that the language used in the document should be given the meaning that was given to the words at the time of its creation. One of the earliest, so-called, strict constructionists was Thomas Jefferson who opposed Alexander Hamilton’s proposal for the creation of a national bank under the control of the federal government with the power to print money. Jefferson was a champion of the rights of the states. This included his belief that only state governments had the authority under the Constitution to create new banks. According to Jefferson, a strict construction of the language used in the Constitution could lead to no conclusion other than those powers not specifically conferred on the federal government remaining within the sole province of the states. Hamilton disagreed and argued that Article I, Section 8, Clause 18 of the Constitution gave Congress the power to enact laws that were necessary and proper to carrying out the powers of the federal government. It was the acceptance of Hamilton’s much looser interpretation of the Constitution than the strict construction applied by Jefferson that convinced President Washington to sign the legislation creating national banking system in the U.S. The debate engaged in by Jefferson and Hamilton in 1791 over the meaning to be given to the words contained in the Constitution continues more than 200 hundred years later. Some scholars argue that the drafters of the Constitution purposely left the language of the document imprecise in some instances so that it could be interpreted by future generations living in a world that would be much different than that of the 18th century. These so-called “loose constructionists” believe that looking at the meaning of the words in the context of society as it exists today. Someone who believes in a strict construction of the Constitution would read and interpret the words as they were written in 1787. The words would be given their 18th century definition. Strict construction is not limited only to the Constitution. The role of state and federal judges is to interpret and apply the law, and some states have rules directing judges to avoid strict construction of the laws. Other states leave it up to the discretion of each judge to determine the meaning to give to the language of a statute. Some judges adhere to the principle that if the language of a specific statute is clear and is not ambiguous then no interpretation is needed. Judges can also interpret the language of legislation by applying common meanings as might be applied to the words by an average person. "
Three Conditions Required For Respondeat Superior,"The law generally makes each person responsible for his or her actions. If the car you are driving crashes into another vehicle because you were not paying attention, the law makes you liable to pay compensation to anyone injured due to your negligent conduct. However, if the accident happened while you were making deliveries on behalf of your employer, the principle of respondeat superior could impose liability for the injuries suffered by the victim. Health care is one industry in which the principle of respondeat superior is having a major impact. Doctors and other health care providers are, according to the laws existing throughout the United States, responsible for their negligent acts committed while rendering care and treatment to patients. Respondeat superior is being used by the victims of medical malpractice to hold not only the treating physician but also others, such as hospitals and medical practices, for the negligence of their employees. Imposing liability on someone who might have done nothing wrong might appear to be contrary to most legal principles. The doctrine of vicarious liability evolved because there are instances when the conduct of one person is so closely controlled by or related to another individual that it makes sense to link them for purposes of assessing liability. For example, some states have enacted laws making parents vicariously liable for wrongs committed by their children on the theory that it is a parent’s responsibility to supervise his or her child. A trucking company that orders its driver to dump potentially hazardous materials in violation of the law could be held responsible for its drivers’ actions under the concept of vicarious liability. Respondeat superior is an extension of the principle of vicarious liability that holds an employer responsible for the conduct of an employee. The responsibility of the employer is dependent upon the ability of the injured party to prove negligence on the part of the employee. In other words, if there is not enough evidence to prove that an employee was negligent, then the case would have to be dismissed against the employer as well. Of course, if there is evidence to prove negligence on the part of the employer independent from the actions of the employee, a case could be brought for damages for personal injuries directly against the employer. This might happen in a situation in which an accident happens involving a truck with faulty breaks. Even if the evidence does not establish the negligent operation of the vehicle by the driver, an accident victim might have a claim directly against the trucking company for failing to properly maintain its vehicles.   The party in a lawsuit attempting to hold an employer vicariously liable for the actions of an employee must prove each of the following: Proving that someone is an employee at the time of an accident is usually accomplished through payroll or other records obtained from the individual’s employer. It can also be proven through the testimony of anyone with knowledge of the relationship existing between the employee and the person or entity claimed to be the employer. Proof of the fact that someone was acting within the scope of employment at the time of the occurrence could be more difficult to obtain by an injured person making a claim. A truck driver who stops to assist a motorist whose car broke down and causes damage while trying to repair it is not necessarily engaging in an activity for which he or she was hired by the trucking company, so liability might remain entirely with the truck driver for any negligence that caused the damage. Acting outside of the scope of employment can be an issue in any profession or industry. Medical professionals on the staff of hospitals and medical centers could be considered as employees resulting in their employer being held liable for their actions. If a doctor employed by a hospital injures a patient while moonlighting at a local clinic that is not affiliated with the hospital, the activities would appear to be outside of the scope of the physician’s employment by the hospital and not subject to the application of respondeat superior. The element of proving a claim under the theory of respondeat superior requiring evidence that an employee’s activities benefited the employer is heavily influenced by the facts and circumstances of each case. For example, a truck driver talking on a cellphone with his dispatcher to get the address of the location for the next delivery has an accident and injures another motorist. If the injured motorist can prove that the truck driver was working and making deliveries on behalf of his or her employer, the principle of respondeat superior could apply and allow the employer to be named in a lawsuit for damages. There might be a different result if at the time of the accident the driver of the truck had interrupted his deliveries on behalf the trucking company to help a friend move some furniture. Such activities would not be a benefit to the employer and would probably also be outside of the scope of the driver’s duties for which he or she was hired. There could be a different result if the driver asked his employer for permission to use the truck on his lunch break to help move furniture for a friend. Unless the employer refused to give permission for the activity, the employer could be held responsible under the principle of respondeat superior because of the consent given to what would otherwise be an activity not related to the truck driver’s duties. Motor vehicle accidents are not the only situations in which an employer might be held responsible for the negligence of an employee. Hospitals can be liable for the negligent acts of doctors, nurses, and other individuals employed by them. The same three elements must be proven to link the hospital with the conduct of the employee in order for an injured patient to recover damages. Attending physicians charged with the responsibility of overseeing the activities of medical students, interns, residents, nurses and others performing services on behalf of patients could be held liable for the activities of those he supervises. Although an attending physician is an employee of the hospital at which he or she works and does not serve as an employer of the health care providers being supervised, there could be a vicarious liability on the part of the attending physician. A defense that is frequently raised in cases of vicarious liability focuses on the limited amount of supervision and control one person or entity exercises over another. A hospital, for instance, might claim that its supervision over the activities of doctors who have staff privileges is minimal at best. Its defense would involve showing that doctors with staff privileges are not employees and, therefore, not under the control of the hospital.   An independent contractor might be hired to perform work or services on behalf of a person or entity. Independent contractor law does not classify the person as an employee. In fact, the party hiring an independent contractor asserts little control over the activities of the contractor. Independent contractors work under their own direction and without supervision or control by the party engaging their services, so determining whether vicarious liability and respondeat superior principles apply can be difficult when personal injury claims arise. As a general rule, independent contractors set their own schedules, provide their own equipment and tools, and work free from the control of the person who hired them. Under such circumstances, an accident caused by an independent contractor might not give rise to a vicarious liability claim by the injured party against the entity or individual that hired the contractor. The facts and circumstances under which an independent contractor is hired and works would have to be carefully investigated and analyzed to determine the degree to which the contractor’s activities are controlled by another party. The fact that someone is identified as an independent contractor does not determine that person’s status. Vicarious liability will depend upon the degree of control and other factors that are more critical to the issue of a liability than simply the name. An attorney is an excellent source of guidance and legal advice when issues about vicarious liability and respondeat superior arise. Whether you are an injured party or someone against whom a claim for compensation has been made, knowing your rights and obligations under the laws of your state is critical to protecting your ability to file a claim or defend against one. "
Is Slander Protected by the First Amendment?,"Unfortunately, defamation of character claims are extremely difficult to prove in the court. As the plaintiff (the accusing), the burden of proof falls on you to prove the defendant (the accused) did what you’re claiming. Additionally, slandering is considered a “tort“, which is a civil wrong, rather than a criminal one. But before we can talk about how to move forward with a defamation case, we need to understand what defamation is. At its core, defamation is a catch-all term used to describe a statement that unjustly hurts someone’s reputation. Libel is the written form of a statement that hurts someone’s reputation while slander is the spoken form, but with the advent of the internet, things can get a little more complicated than that. This type of defamation refers to a defamatory statement or representation made in a printed or fixed format. It can involve text, pictures, or both. For example, a photograph used out of context can constitute libel. Moreover, the person publishing the statements or photographs must do so knowing that they are presenting false information. When one person verbally makes a defamatory statement or, occasionally, hand gestures and facial expressions can be considered libel. The words or physical actions must somehow undermine the reputation of the accused. Again, the person making the slanderous statement must know that they are spreading false information. The First Amendment (freedom of speech) does not protect slander or libel. Individuals possess a right not to be subjected to falsehoods that impugn their character, so slander cannot be protected. But with the first amendment being the most vigorously protected amendment, there are some grey areas and ethical implications of defamatory statements – protected or not. Additionally, the first amendment does not protect things that may lead to criminal acts or endanger public safety. Saying something that could cause public panic, like the classic “There’s a fire!” in a movie theater, is not protected by free speech laws. Likewise, inciting another person or group to commit a crime is also not protected by the First Amendment. Similarly, the First Amendment does not allow for sedition, which is speech that advocates for the violent overthrow of the government or committing crimes against the government. First of all, you have to prove the statement was an intentional misrepresentation or lie. With slander (verbal defamation,) things get a little tricker. Of course, a key portion is that you have to prove – beyond a reasonable doubt – that this person actually said what you’re claiming they said. The trickiest part for libel lies in the second portion: proving that the defamatory statement was intended with actual malice. An untrue statement, to be considered defamatory, needs to be said with the intentional misrepresentation of facts with the intention to cause you harm. IE: The person needs to be knowingly lying while knowing this lie will cause you harm.   Most lawyers will tell you this is the most challenging part of the process. First, understand that there is a clear difference between a statement having the potential to cause you harm and a statement actually causing you harm. It is only considered defamation of character if the statement has caused you harm already, not if it has the potential to cause you harm. This is a tricky line to walk for the court and a frustrating one for many people who are looking to prevent damage. But the court cannot act on something that might happen unless there’s proof that something has already happened. IE: if you’ve already seen negative effects, you’ll likely see more if this went unchecked. If you haven’t, there’s a chance you may never see any negatives as a result of the slander or libel. In order to win the claim, you are going to need to prove that the false statement has ruined your reputation. If you are a business owner, for example, you would need to prove how the statement has had a devastating impact on your business. If you are the only one who knows about this lie, it doesn’t count as slander, libel, or defamation since it can’t hurt your reputation. Unless there’s the threat to release this information, which would count as blackmail. The interesting thing to note about publication is that it’s not in the modern context, where it’s been published. It just means that it was done in a way where other people heard, saw, read, or otherwise came across this harmful lie about you. IE: it was public in some way where a third party was exposed to the statement. This could be untrue and damaging images, articles, emails, or other written communication that was shared with more people than just yourself (libel.) Or it could be gestures, spoken words, or something else not otherwise in a tangible form that was done in front of – or towards – other people about you (slander.) On top of this, the statement must also be considered “unprivileged.” Since free speech and defamatory cases seem to be on conflicting sides of the constitution, the court decided to protect certain scenarios and interactions from being brought to court on defamation suits. These protected scenarios and interactions are called “privileged.” They include scenarios in which false statements can cause you harm, such as witnesses who falsely testify. Most lawmakers also fall into this “privileged” bucket in the legislative chambers and in official documents and material. That’s not to say that these statements can’t face legal action, just that “privileged” statements cannot be considered defamatory. Even if they are otherwise. Fortunately, unprivileged statements cover the majority of defamatory statements. These are the kinds of statements that are made in everyday life, online, and outside of the courtrooms and chambers.   When libelous and slanderous statements are made in public, the affected party should seek a retraction before filing a complaint in court. If there is evidence of the alleged defamer refusing to retract the statements, it would be easier to win the case in court. But what does “winning” a defamation case look like? For compensation, the court must decide on the amount of “reasonable of injury.” For example, if a politician feels defamed by statements that attempt to connect her with criminal organizations, the court will consider that people in the public eye should expect that sort of circumstance. This damage would likely be considered lesser – if damaging at all. In most cases involving defamation of character, the court will seek a resolution that is both uncomplicated and respectful of the First Amendment. This could mean accepting a retraction from the respondent published in the newspaper of record. If you think you have a case and would like to take action, we have some articles and resources to help you take the next steps: In 2017, actress Rebel Wilson was in a defamation of character case. After the release of the hit movie she co-starred in, Pitch Perfect 2, a media company (Bauer Media) published several articles about her. They stated she was “a serial liar” and “fabricated almost every aspect of her life.” Bauer Media continued to accuse her of lying about her “age, upbringing and the origin of her name,” according to The Washington Post. Because of the blatant dishonesty of these statements, Wilson was able to easily prove they were untrue. However, proving Bauer Media had the intention of causing her harm, as well as proving that they actually caused her harm was less black-and-white. Wilson stated that the claims not only hurt her reputation but caused her to be overlooked for acting roles and lost her money. After uncovering the source of the false information, it was brought to the court’s attention that the source was paid and had a grudge against Wilson. It was also discovered that the claims were intentionally published around the same time Pitch Perfect 2 was released to attract timely attention. Wilson was awarded more than $3 million in damages. On the day of the verdict, she Tweeted, “Today was the end of a long and hard court battle against Bauer Media who viciously tried to take me down with a series of false articles.” You can also have a look at how to prove workplace discrimination. "
The Four Tests Used for Determining Legal Insanity,"The insanity defense often stirs up quite a bit of debate, especially among members of the public who may not be fully aware of how courts determine whether or not a person is legally insane. It should not be surprising that “not guilty by reason of insanity” provokes such strong feelings. After all, in such cases, the accused has admitted to committing the crime but is nonetheless found not guilty because he or she lacked the mental competence to understand that what he or she was doing was wrong. Courts throughout the United States typically rely on a number of tests for determining whether the accused was legally insane when an offense was committed. Here are the four most important such tests used for determining legal insanity. The M’Naghten rule, named for Englishman Daniel M’Naghten, who was found not guilty by reason of insanity in 1843 for murdering the Prime Minister’s secretary, is used by a majority of states and was fundamental in establishing the insanity defense. With the M’Naghten rule, a defendant is deemed to be legally insane if he or she was unaware of what he or she was doing when the offense was committed or, even if the defendant knew what he or she was doing, that defendant was incapable of understanding that what they were doing was wrong. In some cases, however, a defendant may know that his or her actions were wrong, but committed them because of an “irresistible impulse.” The “Irresistible Impulse” test is used by a number of states in combination with the M’Naghten rule. With the “Irresistible Impulse” test, the focus is on volition. Essentially, the test allows for a defendant to be found not guilty by reason of insanity if his or her mental illness meant that, although recognizing the wrongness of the offense, he or she was compelled to commit the offense anyway. What’s the difference between the insanity plea and incompetency? Today used only in New Hampshire, the Durham rule places a great deal of emphasis on scientific psychological evaluations and evidence. In most cases, juries follow the diagnoses made by trained professionals in determining whether the accused is guilty. This test has largely fallen out of favor, however, since it takes much of the decision-making abilities out of the jury and places it in the hands of psychologists (who, sometimes, may even disagree among themselves about a defendant’s insanity). The Model Penal Code is an updated definition of the insanity defense and addresses some of the weaknesses of the above tests. The Model Penal Code tends to be much broader than the relatively rigid M’Naghten rule, but also incorporates the centrality of the defendant’s volition that is addressed by the “Irresistible Impulse” test. As such, it is usually used by states that do not use the M’Naghten rule. The Model Penal Code also prohibits psychopaths and sociopaths from using the insanity defense. The four tests described above are the most important ones for helping a court determine a defendant’s claim that he or she was legally insane when an offense was committed. While the insanity defense has long been controversial, these tests help ensure that criminal justice remains fair even in cases involving severe mental illness. "
Three Challenges for Intellectual Property Law Today,"It is often said that much of today’s economy runs on ideas. Bestselling novels, advanced technologies, and new businesses: all of these things, and more, began with an idea. As a result, intellectual property law has taken on a significant role in today’s world. To put it in crude terms, intellectual property prevents one person or organization from stealing another person or organization’s ideas. Intellectual property covers a large area of law, including patents, trademarks, copyright, and trade secrets. Since for many businesses and entrepreneurs an idea is their key to economic success, being able to protect intellectual property is crucial in today’s information economy. However, while intellectual property law has played an important role in shaping today’s world, it also faces quite a few challenges and controversies going forward. Here are just a few of those challenges. Intellectual property laws are supposed to foster innovation by helping entrepreneurs make a profit off of their ideas. Allowing patents and copyrights to be used by anyone would result in the originators of ideas losing out on the opportunity to make money off those ideas, which in turn would hinder innovation. However, some economists have argued that current intellectual properties have gone too far and are actually hurting innovation. They point out that by copyrighting and patenting too many ideas, it becomes difficult for small or medium-sized businesses to afford the patent rights necessary to build on the innovations of previous inventors. One controversial aspect of intellectual property is that medications can also be patented as intellectual property. Again, such patents help encourage pharmaceutical companies to seek out advances in medications that could, in turn, help save countless lives. However, patenting medication can also lead to people who most need the medication being unable to afford it. For example, many countries that were worst afflicted by the HIV/AIDS epidemic often complained that the antiretroviral drugs their affected citizens desperately needed were patented by wealthy Western companies and, therefore, beyond the reach of their own people. Another critique of modern intellectual property rights is that they may have become too broad in nature and not very well defined. Intellectual property, since it has to do with ideas, is by nature rather vague, yet it does have very real effects on the rights and opportunities of people and businesses. Some critics argue that because intellectual property has become so broad, it no longer functions to protect the intellectual property rights of innovators, but rather the economic interests of a privileged few. Patent thickets, for example, are when innovators have to navigate through a dense network of existing patents in order to pursue their own ideas. Such patent thickets can discourage innovators from pursuing those ideas in the first place, especially if they do not have the resources to pay the relevant patent fees. There is little doubt that intellectual property laws have helped protect innovators, artists, writers, inventors, scientists, and countless other individuals and organizations from having their ideas stolen. However, as the world has progressed and become more interconnected, the challenges that intellectual property rights face are significant. "
Three Alternatives to the Rule of Law,"The rule of law is the legal principle that states that nobody, not even a king, president, or prime minister, is above the law. Rule of law is foundational in many countries, particularly in North America and Europe. Without the rule of law, the risk would quickly arise that people in positions of power would be able to act without impunity. Because the rule of law is such a core concept of the American system of government, it can be easy to forget that it has not always been adopted or practiced in the west, including in the U.S. Below are a few alternatives to the rule of law that have occasionally taken hold in western countries. The rule of law was largely formulated as a critique of what is known as the divine right of kings. The idea of the divine right of kings was once widely accepted throughout Europe, especially around the 16th to the 18th centuries. This principle sees society as highly hierarchical, with the monarch at the top of the pyramid and also closest to God. As a result, the monarch’s authority was sanctioned by God and, while there were some limits on the monarch’s authority, essentially the divine right of kings meant that the monarch’s word had the force of law. To be fair, the rule of man is less a system of government than it is a category for various forms of government in which the rule of law is absent. Rule of man is when people rather than the laws themselves govern a society or a community’s behavior. In recent times, the rule of man is best exemplified by the totalitarian states, such as Adolf Hitler’s Germany or Joseph Stalin’s USSR, that arose during the 20th century. In such states, power was arbitrarily wielded by either a dictator or a small group of individuals who were often treated as being above the law. The Four Pillars of the Rule of Law Sometimes the rule of man does not have to take the form of monarchs or dictators; rather, the majority of the population can form its own sort of totalitarian rule. Ochlocracy, also known as mob rule, is when the rule of law becomes subverted to the demands of the populace. Ochlocracy is often a state where emotions trump reason and logic. While the United States has never been controlled by an ochlocracy per se, there have been some notable instances where the rule of law was subjugated to the rule of the mob. For example, during the Salem witch trials, the sensationalized witch hunt seems to have overruled the principle of due process, while in the American South mobs were often set against runaway slaves and, later, ethnic minorities in the form of lynchings that were both brutal and clearly beyond the rule of law. As the above examples hopefully show, the rule of law offers some fundamental protections against the arbitrary exercise of power. By ensuring that everybody is treated equally before the law, the rule of law helps ensure that citizens can go about their lives without too much fear of being persecuted without reasonable grounds by the state. "
The Pillory and Other Unusual Types of Corporal Punishment,"Today, misdemeanors and petty crimes don’t usually lead to much more than a hefty fine and/or a stay in prison or jail. While such punishments are definitely not welcome by those who receive them, they are a lot milder than what petty criminals were subjected to prior to our modern era. From the pillory to flogging, punishments for even the pettiest of crimes could be downright brutal before attempts were undertaken to make the justice system more humane. Here are just four of the more unusual forms of judicial corporal punishment from the not-so-distant past. The pillory was designed to humiliate offenders. Typically, the offender’s hands and head were locked in place and he or she was often put in a public place, such as a market square. Passersby would view the pillory as a form of public entertainment and would often do their best to humiliate the offender, such as by throwing rotten produce and other items at him or her. While the pillory was primarily designed to humiliate petty criminals, sometimes passersby would throw stones and bricks, which could lead to permanent injury and even death. Flogging (also known as whipping) was a brutal form of corporal punishment that has been used since Ancient times. Flogging was especially common as a form of discipline in the British Navy and was also used extensively against African American slaves in the American South. While often used as a disciplinary tool, flogging was also utilized to punish certain crimes, some of which can seem strange nowadays. In 1778, for example, Thomas Jefferson recommended flogging as a punishment for witchcraft. Cropping was an unusual form of punishment whereby the prisoner’s ears were cut off. While the pain of having their ears removed was often bad enough, the mutilation meant that such offenders were essentially branded as criminals for the rest of their lives. Some rather tame offenses could even lead to cropping, including counterfeiting money and perjury. Similarly to cropping, branding a criminal with a hot iron was meant to humiliate that person and mark him or her as a criminal to the rest of the community. Criminals were sometimes marked with specific letters that would identify the nature of their crimes. Branding, however, was also used against slaves in the American South, often as a form of punishment against runaways. Such a form of punishment, like cropping, combined elements of both physical punishment with public humiliation. In the British Navy, however, branding with tattoos was used as a way of identifying deserters and those with particularly bad characters. Fortunately, in many countries judicial punishments are much more humane today than they were a century or so ago. Punishments like flogging, cropping, and being put in the pillory would now widely be regarded as cruel and unusual punishments in the United States, the United Kingdom, and throughout much of the world, especially for petty offenses. Looking back at such forms of punishment, however, helps remind us of just how far our justice system has evolved. "
Misrepresentation vs. Fraud: What’s the Difference?,"Misrepresentation and fraud are highly related and often overlapping concepts in law. In fact, many people make the mistake of assuming that misrepresentation and fraud are largely interchangeable and synonymous terms. While there are many instances where these two terms can be used interchangeably, and there is even an offense called fraudulent misrepresentation, it is important to realize that there are nuanced differences between fraud and misrepresentation. Understanding the differences between these two concepts is essential for anybody working in legal areas related to fraud and misrepresentation, particularly contract law. Confusing fraud with misrepresentation is understandable since, in many relevant criminal and civil cases, accusations of both fraud and misrepresentation are often at stake. In fact, almost every instance of fraud is also an instance of misrepresentation. The subtle difference between the two concepts is that not all forms of misrepresentation are acts of fraud. Let’s look closer at why this difference matters. In cases of fraud, the defendant is being accused of tricking a person or organization into believing that something has a certain value when that defendant knows or should know that the item’s value is actually much less. In such cases, the defendant is being accused of misrepresenting the value of the item in question. Therefore, all cases of fraud are essentially cases of misrepresentation. For example, if a person sells another person a ring claiming it is 24 karat gold when, in fact, the seller knows the ring is fake, then the seller has committed an act of fraud. 3 Types of Misrepresentation and Why They Matter If all fraud is a misrepresentation, then it is tempting to assume that all misrepresentations are likewise acts of fraud. This, however, is not the case. Obviously, many cases of misrepresentation are also cases of fraud, but there are also many cases where a person may misrepresent the facts without having committed fraud. In most cases, the difference between fraud and misrepresentation comes down to what the accused knew or should have known when the act of fraud or misrepresentation took place. Returning to the example of the gold ring, let’s say that the seller this time genuinely believed that he was selling a 24 karat ring and that he was provided documents by a reputable source attesting to the ring’s purity. Because the seller had reason to believe that the ring was 24 karats, if it later emerges that the ring is a fake then the seller cannot be considered to have committed fraud despite the fact that he unintentionally misrepresented the value of the ring to the buyer. While the difference between fraud and misrepresentation is subtle, it is nonetheless important. This importance stems from the fact that fraud is often considered a much more serious offense than misrepresentation alone–especially if such misrepresentation was unintentional. In some cases, a fraud conviction can lead to: Substantial prison sentences As such, knowing how to distinguish between fraud and misrepresentation is essential for anybody involved in contract law or other legal areas where fraud and misrepresentation are especially serious charges. "
Three Types of Rehabilitation for Offenders,"In the modern justice system, great emphasis has been placed on rehabilitating offenders so that they become productive members of society. Legal experts and society at large have largely recognized that punishment alone is not beneficial either for offenders or the broader public. Simply locking up criminals in prison without resources to eventually rejoin society often leads to high rates of recidivism, which hurts both the offenders themselves as well as entire societies. Furthermore, rehabilitation programs have proven to be much more cost-effective than incarceration, allowing governments to more effectively distribute limited resources. Below is a look at three types of rehabilitation programs for offenders that have helped criminal offenders reenter society. Parole is commonly used in justice systems around the world as a way to help reintegrate offenders into society. During parole, the offender is released before his or her sentence is completed in exchange for fulfilling certain conditions, such as gaining employment, refraining from drug and alcohol use, and refraining from contacting the parolee’s victims (if any). Parolees are also often required to regularly check in with a parole officer who ensures that the parolee is adhering to his or her conditions for release. By offering early release in exchange for good behavior, parole is meant to make the transition from incarceration to freedom easier. Some crimes, particularly drug crimes, are the result of an individual’s own addiction problems. While incarceration was previously used as a “tough on crime” punishment against people convicted of drug crimes, legal experts are increasingly recognizing that incarceration does little to address the underlying causes of addiction. As a result, in many jurisdictions, judges are given the discretion to sentence offenders to mandatory substance abuse programs in lieu of prison, particularly if it is the offender’s first offense. Such treatment programs are designed to help people overcome their addiction problems, thus allowing them to become fully functioning members of society. Role Of The Correctional System   Rehabilitation does not have to begin once an offender is released from prison. Most prisons now offer at least some programs that are designed to help inmates more easily adjust to conditions outside of prison once they are released. These programs are often aimed at helping offenders acquire job skills, overcome substance abuse problems, or learn how to deal with common challenges they may face upon release. Some in-prison programs include: Many of these programs also allow inmates to maintain contact with individuals, businesses, or organizations that exist beyond the confines of the prison’s walls, which also helps make reintegration easier once release happens. While punishment is certainly one aspect of the criminal justice system, it cannot be the only one. Laws, courts, and prisons throughout the country are increasingly recognizing the value of offering prisoners resources to help them reenter society more effectively upon release. Rehabilitation programs are not only a humane response to criminal justice, they also help reduce recidivism and lower incarceration costs, thus benefiting offenders themselves and society as a whole. "
"Three Ways Stipulations Benefit Courts, Attorneys and Clients","Stipulations are common during court proceedings. In most instances, a stipulation is agreed to by both parties to a lawsuit. Essentially, a stipulation is an oral or written agreement between the two parties that usually concerns an issue before the court but which both sides agree on. For example, both parties may agree about the qualifications of a witness and the attorneys for both sides will stipulate their agreement about the witness’ qualifications. Not only are stipulations relatively routine during court proceedings, but they offer significant benefits to both parties to a lawsuit, as well as to the court itself. Here are just three of those benefits. The trial process is designed to be adversarial in nature, with both parties to a lawsuit trying to convince a judge or jury that their interpretation of the facts is correct. However, while court proceedings can be fraught, that doesn’t mean that both parties to a lawsuit disagree about absolutely everything. Many court proceedings are relatively routine and will have little bearing on the outcome of the case. In such cases, both attorneys can simply stipulate that they are in agreement about a certain issue and thus avoid an unnecessary dispute. Disputing every last detail of a case is simply unnecessary in most instances and would make even the most straightforward of lawsuits overly complicated. Judges tend to look favorably on stipulations since they can save the court a great deal of time. Courts in many parts of the country are already dealing with a backlog of cases, which in turn is causing problems in delivering justice to the population in a timely manner. Because stipulations allow routine matters to be dealt with quickly, they also allow the court itself to get more business done than would otherwise be possible. Stipulations that are made orally in open court are also usually binding, which also allows for court proceedings to move more efficiently. However, a stipulation made in a judge’s chamber or outside of the court will often have to be in writing in order to avoid future disputes. It’s not just the court itself that saves time with stipulations, so do attorneys and their clients. Stipulations allow attorneys to focus on what is actually being disputed in the case, rather than waste time over issues that all sides agree on. For example, both parties could agree on a statement of facts with a stipulation and submit that stipulation to the jury and judge. By agreeing on the facts before hand, attorneys can focus instead on how to interpret those facts. This approach not only saves time, it results in better representation for clients. In some cases, it could even lead to lower legal fees for clients, especially if they are paying their attorneys by the hour. Stipulations introduce a dose of common sense and efficiency to court proceedings. By allowing attorneys to move quickly past issues that all parties agree on, cases are simplified, courts can proceed more efficiently, and clients enjoy better and more productive legal representation. "
What are peace bonds and do they exist in the U.S.?,"  You may have heard about peace bonds, especially if you live in Canada or watch Canadian media. While peace bonds are fairly common in Canada, they can seem strange to a U.S. audience. Mixing both criminal and civil law, peace bonds are a bit unusual in the sense that instead of punishing criminal offenses, they are designed to prevent those offenses from occurring in the first place. Although peace bonds are mainly used in Canada and not in the U.S., they nonetheless are an interesting topic for American legal experts who wonder if such a tool could also be used south of the border. A peace bond is a protection order issued by a court against a defendant. Essentially, the defendant is issued a peace bond if there are reasonable ground to believe that he or she may commit a criminal offense. Usually a peace bond is issued when there is reason to believe that an individual intends to physically harm a person, child, spouse, or common-law partner, or intends to damage property. When a peace bond is issued, the defendant must agree to the conditions set out in the peace bond, which usually includes refraining from contacting the applicant. A peace bond can be put in place for up to a year. Breaking a peace bond is a criminal offense and can lead to time in prison. Furthermore, when issued a peace bond, the bonded individual makes a promise to pay the court a certain amount of money if he or she breaks the conditions of the peace bond. The amount of money promised varies depending on the circumstances of the case. If the peace bond is broken, the bonded individual may not only face criminal charges, but will also have to pay this surety. Peace bonds are a bit strange since they mix elements of both criminal and civil law. For example, a peace bond is issued by a criminal court and usually is intended to prevent a person from committing a criminal offense. At the same time, however, a person applying for a peace bond does not need to prove that the defendant intends to commit a crime beyond a reasonable doubt, but only on a balance of probabilities, which is a much lower standard of evidence. Furthermore, being issued with a peace bond does not mean that the bonded person has been found guilty of a crime and, as such, a peace bond alone is usually not sufficient for a person to be denied entry to the U.S. Indeed, some individuals may agree to a peace bond in exchange for criminal charges being dropped against them. However, breaking a peace bond is a criminal offense and can lead to a criminal record. Peace bonds are almost never used in the U.S. However, these largely Canadian court orders provide important lessons for American legal experts about possible ways to prevent violent criminal acts from occurring. In mixing civil and criminal law, peace bonds provide a tool to help protect the most vulnerable members of society. "
Compensatory vs. Punitive Damages: What’s the difference?,"In the world of civil litigation, damages are the monetary amount a court can award a plaintiff. Damages are meant to compensate for such things as injury, property damage, medical bills, lost income, and other damages that resulted from whatever issue is at the center of the case. By awarding damages, courts ensure that plaintiffs are compensated in a fair manner and that there is a disincentive for other people to engage in the same conduct that led to damages being awarded. When talking about damages, however, it is important to realize that there are two main types of damages, compensatory and punitive. Understanding how these two types of damages work is essential to understanding how civil court cases themselves function.  Compensatory damages, which are sometimes referred to as actual damages, are sometimes seen as the “main” type of damages that a civil court can award a plaintiff. Essentially, compensatory damages are, as their name suggests, designed to compensate the plaintiff for his or her loss. The compensatory nature of compensatory damages means that the plaintiff must prove that he or she suffered some form of loss due to the incident in question such as a: Compensatory damages can be awarded for such things as loss of income, bodily injury, property damage, and so on. In civil litigation pertaining to a motor vehicle accident, for example, the plaintiff may claim compensatory damages for vehicle repair, medical bills, and income that was lost as a result of the plaintiff taking time off work to deal with his or her injuries. The plaintiff must prove to the court the loss in question, the amount of the loss, and that the loss was caused by the defendant.   The Two Different Types of Compensatory Damages In civil litigation, punitive damages can be particularly controversial. Punitive damages go above and beyond compensatory damages in that they are a monetary award that the defendant must pay the plaintiff in addition to any compensatory damages that are also awarded. Punitive damages are essentially designed to punish the defendant for his or her reckless or negligent behavior. Because punitive damages are meant to punish the defendant, they tend to only be available in cases where the defendant’s conduct was either reckless or negligent. Again, taking the case of a motor vehicle accident, if the crash was caused because the defendant was impaired by alcohol at the time, then the plaintiff would likely be able to pursue punitive damages against the defendant. Punitive damages are designed to not only discourage the defendant in question from engaging in similar behavior in the future but are also meant to be a message sent to society at large. Civil courts that punish reckless or negligent behavior with punitive damages indicate to others that such behavior will not be tolerated and that that behavior can lead to monetary consequences.
 
In civil courts, damages are one of the main ways that plaintiffs have to seek justice for themselves and ensure that negligent and reckless acts do not go unpunished. While large awards for damages tend to grab media headlines and can sometimes lead to controversy, the system of damages in place is an important tool for ensuring a fairer justice system for those who have been victims of injury or loss that are beyond their control. "
Three Features of a Kangaroo Court,"Court proceedings that lack the due process protections people associate with courts of law have earned the name “kangaroo court.” The term has been in use since at least the 19th century, but it is difficult to pinpoint an exact source for it or to determine why its name includes a reference to an animal native to Australia. As a general rule, a kangaroo court is any proceeding that attempts to imitate a fair trial or hearing without the usual due process safeguards including the right to call witnesses, the right to confront your accuser and a hearing before a fair and impartial judge. Kangaroo court proceedings are usually a sham carried out without legal authority in which the outcome has been predetermined without regard to the evidence or to the guilt or innocence of the accused. Referring to something as a kangaroo court usually carries with it a negative inference because of the manner in which they are conducted. Here are three features of a kangaroo court that set it apart from normally accepted principles of fairness and justice. Since the outcome of a kangaroo court is a foregone conclusion, one method of ensuring that a person will be found guilty is to create laws and apply them to past behavior. Ex post facto laws criminalize past conduct that was not illegal when it was performed. The benefit of ex post facto laws to those conducting a kangaroo court is that a conviction is assured. Ex post facto laws are a violation of the U.S. Constitution. They take away a person’s right to know in advance the type of conduct that, if performed, will violate a state or federal criminal law. Removal of this most basic due process right is a characteristic of a kangaroo court. Because the outcome is predetermined before any evidence is presented, kangaroo court proceedings are presided over by a judge or panel of judges that is partial toward the prosecution. Judges during a trial in a kangaroo court usually limit or obstruct efforts by the accused to present evidence or witnesses favorable to the defense while placing almost no restrictions on the evidence prosecutors are allowed to present. The fact that the judge in a kangaroo court is part of the sham process, the punishment inflicted upon the defendant generally exceeds what might normally be justified based upon the conduct of which the defendant was accused and convicted. Harsh and severe sentences are common in a kangaroo court. The right against self-incrimination, the right to cross examine witnesses and the presumption of innocence are lacking in a typical kangaroo court. Constitutional safeguards would stand in the way of a kangaroo court reaching its predetermined result. In some instances, limited cross examination of witnesses and other fundamental due process rights might be allowed to the defendant to conceal the true nature of the kangaroo court. "
Two Instances In Which Persona Non Grata Can Have Consequences For An Individual,"The government of a host country has the right to declare a member of another nation’s visiting diplomatic mission to be persona non grata. This means the individual is unacceptable to the host nation. When a person is declared persona non grata, the home country usually calls the individual home rather than allow him or her to remain in the host country. However, persona non grata is not limited to unwanted diplomats and is now being used by colleges. If a member of the staff of a diplomatic mission remains in a country that has declared that person to be persona non grata, the individual loses the protections usually granted to a foreign diplomat. For example, immunity from being held for violations of the civil and criminal laws of the host country does not apply to someone declared to be persona non grata. A member of a diplomatic mission who violates the law of the host nation cannot be prosecuted or held accountable due to his or her diplomatic status. The host nation can use a declaration of persona non grata to demonstrate its displeasure over the individual’s activities. The declaration has also been used against diplomats or members of a diplomatic staff who are suspected of spying. The response of a country to having one of its diplomats declared to be persona non grata is usually to order the person to return home. It is common for the declaration of persona non grata by one country to result in a retaliatory declaration against one of its diplomats by the nation whose diplomat had just been recalled. The term persona non grata can also be applied to any situation in which someone is rejected by a group from whom the person obtained or sought acceptance. State laws permit colleges and universities to regulate the use of their campus facilities. One method for doing this is a process that exists at many schools around the country for declaring someone to be persona non grata. Behavior on the part of individuals that administrators deem to be detrimental to the institution may result in the person being barred from all or some of the school’s facilities. This is accomplished by issuing a notification declaring the person to be persona non grata. Some schools limit the declaration to campus visitors who are not current students, faculty or administrators who are subject to other forms of disciplinary procedures while other institutions apply the designation to anyone on the premises of the college or university. Someone declared to be persona non grata is subject to being asked to leave the campus. A refusal to leave can result in the individual’s arrest on criminal trespass charges. Written notification of persona non grata is to prevent someone from claiming to be unaware that he or she is banned from or only granted limited access to campus facilities. Someone issued a persona non grata notification should speak to an attorney to have a clear understanding of the scope of the restrictions. "
Beyond a Reasonable Doubt: Why It Matters in Criminal Law,"The presumption of innocence is one of the foundations of the administration of criminal law in the United States, England, and other countries that follow a common law tradition. The only way to overcome this presumption of innocence in a criminal trial is for the prosecution to prove beyond a reasonable doubt that the defendant committed the crime that he or she has been charged with. While the phrase “beyond a reasonable doubt” has entered the popular lexicon and often appears on television, in newspapers, and in films, it can sometimes be difficult for laypeople to understand what, exactly, is meant by “reasonable doubt.” Here’s a brief overview of what “beyond a reasonable doubt” means and why it’s important.  As mentioned, in the common law tradition anybody charged with a crime has the right to be presumed innocent until proven otherwise. This right is enshrined in the U.S. Constitution by the Fifth and Fourteenth Amendments, which protect peoples’ rights to due process. The presumption of innocence is important in criminal law since being found guilty of a criminal offense could deprive a defendant of his or her liberty. Therefore, the only way the state has the ability to deprive somebody of his or her liberty is to prove beyond a reasonable doubt that that person has committed a criminal offense.  Beyond a reasonable doubt is the highest standard of evidence that exists in the judicial systems of common law countries. As the inclusion of the word “reasonable,” however, suggests, proving beyond a reasonable doubt that a person committed a crime does not mean that there is absolutely no doubt about his or her innocence. Rather, the phrase means that the established facts of the case lead the court to only one logical conclusion: that the defendant is guilty of the charges against him or her. Unreasonable doubt can still exist, but by its very nature such doubt does not lead a reasonable person to conclude that the accused did not commit the crime in question. This high standard of proof helps to reduce the likelihood of wrongful convictions. What is Common Law vs. Civil Law?  The standard of evidence is much higher in criminal cases than it is in civil litigation. As a result, civil cases require that the case be proved by the lower standards of either a preponderance of evidence or proof by clear and convincing evidence. Such standards of evidence require only a high probability that the offense was committed. Reasonable doubt can still exist in civil litigation cases because in civil cases usually, only money is at stake rather than the defendant’s liberty.  Beyond a reasonable doubt is a popular phrase, but one that is not always widely understood by the general public. Yet proving beyond a reasonable doubt that somebody committed an offense is a pillar of the common law criminal justice system. This burden of proof helps reduce the risk of innocent people being deprived of their liberty and ensures that all citizens’ rights are better protected. "
Three Little-Known Facts About Yellow Dog Contracts,"The rise of labor unions toward the end of the 19th century caused concern among employers. Business owners believed that strong labor unions would negatively affect the way they operated their companies. Higher wages and better working conditions were two of the primary focuses of labor organizers that could directly affect worker productivity and profit margins. Yellow dog contracts became a popular method used by business owners to deter their workers from joining labor unions. Yellow dog contracts are now illegal in the United States, but they were a popular tactic for business owners from the late 1800s until shortly after the Great Depression. Here are three little-known facts about yellow dog contracts. Employment agreements containing a clause making it a condition that workers could not join labor unions or, if they were already in a union, they had to resign their memberships or lose their jobs were referred to as yellow dog contracts. The Supreme Court had the opportunity to put an end to such anti-union tactics in 1908, but the Court refused to uphold the constitutionality of state and federal laws aimed at prohibiting employers from insisting that workers sign yellow dog contracts. The decision by the Court was consistent with other rulings it made at the time concerning the relationship between government regulation and business in this country. The prevailing view among the justices was that government should not intrude on freedom of contract. It was believed that employers and their workers should be free to negotiate labor agreements between themselves without interference from the government. Bolstered by support from the Supreme Court, employers challenged labor union opposition to yellow dog contracts by asserting that the agreements were negotiable and workers were not forced to sign them. According to the unions, few workers who refused to sign the anti-union employment agreements were hired lending support to the argument that workers did not have a choice. The economic conditions existing at the time left workers in need of employment little choice when it came to signing yellow dog contracts. The labor unions managed to get Congress to pass legislation in 1932 outlawing yellow dog contracts and other types of employment agreements containing restrictions on a worker’s ability to join or retain membership in a labor union. Although the success of the labor movement put an end to yellow dog contracts, the term continues to be used today to describe a much different business practice. It is common for employers to require the signing of non-disclosure agreements and non-competition agreements by employees as a condition of employment. Non-disclosure agreements prohibit workers from disclosing trade secrets, customer lists and other sensitive information when during and after their term of employment. Non-competition agreements prohibit workers from going into business or being employed in positions that would put into direct competition with their former employer. Non-disclosure and non-compete agreements are sometimes referred to as yellow dog contracts. "
Three Tell-tale Signs of a Breach of Trust,"Some people hold positions that place them in a position of trust. Executors under a last will and testament, trustees handling assets placed in a trust, and attorneys representing their clients all hold positions of trust as fiduciaries. A breach of trust by a fiduciary can have serious financial consequences for the individual who relied upon that person.    A fiduciary can be either a person or an organization. Banks, for example, frequently act as trustees. Someone or an entity agreeing to serve in a fiduciary capacity agrees to manage the assets or affairs of another person. Fiduciaries must act in good faith and carry out their duties solely for the benefit of the individuals who have placed their trust in them    Although fiduciaries frequently are paid a fee for the services they provide, their duty is to the individuals who are the beneficiaries of their services. When a breach of trust occurs, a beneficiary may suffer financial losses. The law gives victims of a breach of trust the right to sue the fiduciary for damages and depending on the circumstances, there might be a violation of a state’s criminal laws. Before you can take action against someone for breach of trust, you must know that it has occurred. Here are three tell-tale signs to look for if you suspect you might be the victim of a breach of trust by a fiduciary:    Three Potential Consequences of Breach of Fiduciary Duty If you suspect that you have been the victim of a breach of trust, you should speak to an attorney. The remedies available against someone who is guilty of a breach of trust can vary from state to state, and there could be time limitations on how much time you have to file a claim. "
Why a Lis Pendens Matters for Home Buyers and Sellers,"Lis pendens is a Latin term that literally means that a suit is pending. While a lis pendens can technically refer to any pending lawsuit, in legal parlance it is most often used to refer to claims concerning real estate. A lis pendens can have a significant impact on the attractiveness of a property, to the point that it could lead to a dramatic decline in that property’s value. As a result, anybody who is considering buying or selling a home should be well aware of what a lis pendens is and how it could affect his or her real estate transaction. A lis pendens is a public notice that is recorded in county real estate records. This notice is recorded to notify the public, including potential buyers and sellers of the property in question, that a lawsuit involving that property is pending. A lis pendens matters because if a buyer purchases real estate with a lis pendens against it, that buyer will still have to abide by the final result of the lawsuit. In the case of a house being foreclosed, for example, a lender would file a lis pendens against the foreclosed home. Lis pendens, however, are not related exclusively to foreclosures, as the following example shows.  An example  Say person A intends to sell his property to person B. The two sign a contract for the transfer of the property, but person A decides that person B has breached the contract. As a result, person A refuses to sell the property to person B, but person B sues person A for refusing to sell the property. As a result, a lis pendens is filed against the property. While the lawsuit is still pending, person A then sells the property to person C, but afterwards a court rules in person B’s favor, thus giving the title of the property to person B. As a result, person C loses his title to the property and his only recourse for recovering the money he paid for the property is to get it back from person A, the original homeowner.  A lis pendens does not prevent a piece of real estate from being bought or sold, but it usually has a major impact on how desirable a piece of property will be to prospective buyers. As the above example shows, a lis pendens could ultimately result in a new homebuyer losing his or her title to the property. Of course, most homebuyers do not want to take the risk that a lawsuit could compromise their ownership of the property and will shy away from a home that has a lis pendens attached to it. As such, unless the lawsuit is resolved quickly, a lis pendens is likely to have a negative impact on how much a buyer is willing to pay for a home. Because a lis pendens can have such a major impact on a property’s value, it is vital that prospective homebuyers and sellers become fully aware of what a lis pendens is. Armed with such knowledge, buyers and sellers can make more informed choices about how to proceed with future real estate transactions.   "
Three Surprising Things About Palimony Most People Don’t Know,"Palimony is a term that many people have likely heard before, but few people – aside from those who work in a legal profession- would be able to define it. While essentially a form of alimony, palimony differs from alimony in many important ways, both in terms of legal definition and in how palimony and alimony are applied in real-world cases. Popularized by many high-profile Hollywood separation cases, palimony nonetheless remains a widely misunderstood term. To help clear some of that confusion, here are three surprising facts about palimony. The most important thing to understand about palimony is that you won’t find it mentioned in any legal code. That’s because palimony is a term that was invented by journalists reporting on salacious celebrity breakups rather than a concept that was formed by legislators or judges. Palimony simply describes a situation where an unmarried couple splits up and the circumstances of their case lead to property being divided in an alimony-like manner. While not being a legal term in its own right, courts can still enforce what is popularly known as palimony if the court determines that an implied contract existed between the couple. This implied contract often happens when one partner gives up income opportunities in order to care for the home or family. For example, if one partner decided to pursue his or her career and the other partner decided to focus on maintaining the couple’s home and raising their children, then an implied contract, which could lead to property being divided if the couple breaks up, may exist. Because palimony only applies to unmarried couples, it tends to be very controversial and highly subjective in how it is applied. Marriage grants certain legal protections, including provisions surrounding property division in the event of a divorce or separation, that simply do not exist for unmarried couples. Proving that an implied contract exists, for example, is extremely difficult since an implied contract, by its nature, is unwritten and thus difficult to verify. Nonetheless, couples who are in a relationship can avoid the ambiguity and uncertainty raised by palimony by drafting a written agreement. A written agreement that is drafted with the assistance of a lawyer can serve as a contract between both partners to help establish how property will be divided in case the relationship ends. Essentially, this written agreement works similarly to a prenuptial agreement, except that the parties to the contract are unmarried. As with other contracts, however, such a written agreement can still be challenged in court, thus it is not a watertight defense against palimony.  With many couples nowadays living in long-term, co-dependent relationships and yet forgoing marriage, the role of palimony is bound to take on increased significance. Courts and legislatures are still struggling to determine to what extent long-term romantic partners have rights that are similar to the rights enjoyed by married spouses. The debate and controversy surrounding palimony and alimony are central to helping resolve that struggle. "
Two Principles You Should Know About Proving Purported Facts,"Lawyers and judges use language that is unique to the law. Statutes make reference to submitting the “purported will” to the court in connection with probate proceedings instead of simply requiring the submission of “the will.” Reference to the instrument as the purported document of the deceased is in keeping with a basic principle of law requiring evidence to prove an issue or, in the case of a will, to prove that the document is, in fact, the will of the deceased. Here are two principles you should know. A party putting forth a fact that has not been acknowledged as true by the opposing party has the burden of coming forward with evidence to persuade a judge or jurors that the fact is as it is purported or alleged to be. For example, the person seeking to have a will probated by the court to have an executor appointed to take charge of the estate has the burden of proving that the purported will is the document prepared on behalf of the deceased. The person submitting the probate petition must prove that the will was signed by the maker who understood what it was that he or she was signing. It must also be proven that the purported will was signed and executed in accordance with the law in the state in which it was signed. If the judge presiding over the probate proceeding is satisfied that the affidavits from the attesting witnesses establish that it was properly signed and witnessed, the judge would issue a court order declaring it to be the will of the deceased and empower the named executor to act on behalf of the estate. A defendant facing criminal prosecution does not have to do anything to defend against the purported charges because the law gives prosecutors the burden of proving guilt beyond a reasonable doubt. The prosecutor must present evidence to a judge or to a jury to persuade and convince them that the purported charges filed against the defendant are true. The evidence must convince a reasonable person of the validity of the facts in issue to the exclusion of other reasonable possibilities or conclusions that might be drawn. If it does, then the prosecutors have met the reasonable doubt standard. Civil cases are quite different from their criminal counterparts. The burden of proof is on the plaintiff or the person bringing the case to prove the purported facts by a preponderance of the evidence. This means by the greater weight of the evidence which is a much lower standard than is required in criminal cases. Proving the truth of allegations or the validity and genuineness of a document or of a fact can be a difficult task requiring evidence to persuade lawyers, judges and jurors that what is being alleged or purported is, in fact, true.   "
Understanding the 4 Types of Notes Payable To Banks,"The amount of paperwork associated with borrowing money from a bank can be truly daunting. Whether you are taking out a loan to get money to buy a car or borrowing to purchase a new home, one of the most important documents the lender will ask you to sign is a promissory note. Notes payable to banks define your obligation to repay the debt and give the lender the right to sue you for the money if you do not live up to your obligation.   Promissory notes are essentially IOUs. However, the repayment terms of notes payable to banks can differ depending upon the terms of the loan. There are four common types of promissory notes that differ primarily in the manner in which they are repaid.   When you borrow money from a bank, you the note you sign will state the interest rate you are being charged and the principal or amount you borrowed. Single payment notes payable to banks obligate you to repay the principal borrowed plus the interest charged by the lender in one payment that is due on a date specified in the note.  The downside disadvantage to you as a borrow obligated under single payment notes payable to banks is having to come up with all of the principal and accrued interest in a single payment. If you unforeseen circumstances arise and you cannot make the payment, the lender can commence collection proceedings against you.  Amortized notes payable to banks are the type of notes commonly used for borrowing money to purchase a home. This type of note obligates you to make a payment each month for the life of the loan as stated in the note. The amount of the monthly payment remains the same each month with part of the payment going toward the interest on the outstanding principal balance and the rest of the monthly payment going toward repayment of principal. As you pay the principal down each month, the amount of your monthly payment that goes toward interest will be less, and the amount that goes toward repayment of the principal will increase. The monthly payment stated in amortized notes payable to banks are calculated to pay off the principal over the period of time stated in the note.  Some notes payable to banks are structured to keep monthly payments lower than they might otherwise be if the loan were amortized. The way this is accomplished by choosing a monthly payment the borrower can afford to pay over all or part of the life of the loan. Because the payments are not enough to cover all of the interest and principal that is due each month, the unpaid interest is added to the principal balance resulting in the potential for you owing more on the due date than you originally borrowed. This is why negative amortization notes can be dangerous for borrowers.  These notes are similar to negative amortization notes except you agree to pay nothing toward principal each month and only pay the interest that is due. At the end of the term of the loan, you will owe the entire principal balance you originally borrowed. You will pay more interest than you would with amortized notes payable to banks because the principal on which the interest is calculated never goes down.  Knowing there are different types of notes payable to banks does not make deciding which of them is the best one for you any easier. The legal advice and guidance of an attorney might be of assistance. "
What is Common Law vs. Civil Law?,"Many nations today practice either common law or civil law system of justice. While common-law originates in Medieval England, civil law traces its origins back to the Roman Empire (and, subsequently, Continental Europe). Although both systems originate in Europe, they have been exported to many other countries, either through colonization or other means. Because common law and civil law are fundamental concepts for justice systems around the world, they are essential to understand for anyone who wants to learn more about legal tradition, either at home or abroad. Common law comes from Medieval England, specifically in the aftermath of the Norman Conquest of 1066. Because common law is the foundation of the English legal system, it has been exported to many countries that have had historical ties with England, such as the United States and much of the Commonwealth. The distinguishing characteristic of common law is that it is based more on precedent than on a codified set of laws and regulations. Judges hold immense power in a common law system since the decisions that a court makes are then used as a precedent for future court cases. While common law systems do have laws that are created by legislators, it is up to judges to interpret those laws and apply them to individual cases. To do this, judges rely on the precedents set by previous courts. In common law countries, certain courts, such as the Supreme Court of the United States, have the ability to strike down laws that were passed by legislators if those laws violated the Law of the Land (i.e., the Constitution). Civil law goes all the way back to Roman times when Emperor Justinian codified all of the Empire’s laws in the sixth century CE. Civil law was subsequently revived in much of Medieval Europe and serves as the foundation for the legal systems of countries like France, Spain, and Portugal, along with many of their former colonies, including the province of Quebec and the state of Louisiana (which both exist in countries that are otherwise dominated by common law tradition). Civil law has also been used by non-European countries that were never colonized, such as Russia and Japan, as the basis of their own legal reforms. Common law places much less of an emphasis on precedent than it does on the actual codification of the law. Civil law systems rely on a large legal code that is constantly updated and which establishes legal procedures, punishments, and what can and cannot be brought before a court. In a civil law system, a judge merely establishes the facts of a case and then judges that case based on the procedures laid down by the legal code. As a result, precedent and judicial decisions have limited influence in a civil law system. Rather, lawmakers, scholars, and legal experts who help craft the legal code hold much more sway over how the legal system is ultimately administered.  Common law and civil law, while both originating in Europe, have become truly global legal traditions. Despite going back hundreds and even thousands of years, both systems have continued to effectively shape the justice systems of hundreds of countries well into the 21st century. "
3 Types of Misrepresentation and Why They Matter,"A contract largely depends on the honesty and goodwill of those who have agreed to it. If a party to a contract makes a misrepresentation of fact without suffering any repercussions for that misrepresentation, then few people would feel comfortable binding themselves to that contract. Misrepresentation is an important concept in the contract laws of England, Wales, and certain other Commonwealth countries. There are three main types of misrepresentation :  Below is a brief overview of each type and the remedies for them. But first… Before talking about the three types of misrepresentation, however, it’s important to first define what misrepresentation means in the context of contract law. A misrepresentation is an untrue statement of fact that induces a party to enter a contract. Furthermore, to pursue a claim against the person who made the misrepresentation, the claimant must show that he or she relied on the untrue statement of fact when deciding to enter the contract and that the misrepresentation led to damages to the claimant. An opinion, it is important to keep in mind, even if considered false, is not the same as a fact and generally does not figure in cases surrounding misrepresentation. With that in mind, it’s time to look at the three types of misrepresentation.  Fraudulent misrepresentation is very serious. Fraudulent misrepresentation occurs when a party to a contract knowingly makes an untrue statement of fact which induces the other party to enter that contract. Fraudulent misrepresentation also occurs when the party either does not believe the truth of his or her statement of fact or is reckless as regards its truth. A claimant who has been the victim of alleged fraudulent misrepresentation can claim both rescission, which will set the contract aside, and damages. A party that is trying to induce another party to a contract has a duty to ensure that reasonable care is taken as regards the accuracy of any representations of fact that may lead to the latter party to enter the contract. If such reasonable care to ensure the truth of a statement is not taken, then the wronged party may be the victim of negligent misrepresentation. Negligent misrepresentation can also occur in some cases when a party makes a careless statement of fact or does not have sufficient reason for believing in that statement’s truth. As with fraudulent misrepresentation, claimants can pursue both damages and a rescission of the contract.  In innocent misrepresentation, a misrepresentation that has induced a party into a contract has occurred, but the person making the misrepresentation had reasonable grounds for believing it was true at the time the representation was made. A claimant who has been the victim of innocent misrepresentation can still pursue damages, but he or she cannot pursue rescission. Again, to pursue damages it must be shown that the claimant suffered a loss because of the misrepresentation. The three types of misrepresentation described above are fundamental to understanding contract law in England and many Commonwealth countries. Claims based on allegations of misrepresentation help ensure that contracts are ultimately honored and that unscrupulous or negligent behavior does not go unpunished. To learn more about misrepresentation, check out Misrepresentation vs. Fraud: What’s The Difference?    "
Four Things to Understand About Community Property,"When it comes to divorce, where the divorce is filed matters a lot. Not all states treat divorce the same way, especially in matters of property division. Generally, states are classified as either equitable distribution or community property states. While the vast majority of states are equitable distribution states, some of the most populous states are community property states. Therefore, it is important to understand what community property means and why it has such a big impact during a divorce. Here are four things to know about community property.  In community property states, most of the property acquired during the marriage is considered the property of both spouses. The community property that is acquired during the marriage can include wages, property, debts, and other assets and liabilities. Generally, it does not matter whose name is attached to specific assets or liabilities. Therefore, if only one spouse earns an income, that income is considered to be community property and owned by both spouses.  One of the defining features of community property is that in most community property states the marital property is divided equally between both spouses. In contrast, in an equitable distribution state a judge will try to divide property fairly, which, in some cases, may not necessarily be equally. There are, however, exceptions to splitting property 50-50. While Texas is a community property state, for example, courts there nonetheless divide property equitably rather than equally.  There are technically only nine community property states and the vast majority of them are in the west. The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Additionally, Alaska allows people going through a divorce to choose whether to split property according to a community property or equitable distribution model. Although not a state, Puerto Rico also uses a community property system. While community property is generally split evenly, it is important to understand that not everything owned by both spouses is pooled together as community property. Some property is classified as separate property and this property is not subject to division during a divorce. Separate property includes gifts and inheritances, property that was owned by either spouse prior to the marriage, and property that was acquired after the date of separation. However, drawing a line between community property and separate property is not always easy. For example, while an inheritance is considered separate property, if that inheritance is used to upgrade the couple’s home then the value of the upgrades will generally be included as community property. How property gets divided during a divorce largely depends on where the spouses live at the time they choose to part ways. Whether one lives in a community property or equitable distribution state can have a major impact on a final divorce agreement and may lead to drastically different financial outcomes. "
Three Surprising Facts About Pro Bono Criminal Lawyers,"If you are accused of committing a crime, the Sixth Amendment to the U.S. Constitution guarantees you the right to be represented by an attorney. A defendant who cannot afford to retain the services of an attorney is entitled to have one appointed by the court free of charge. In some instances this court-appointed attorney is a paid employee of a government funded legal aid program, but pro bono criminal lawyers are also frequently called upon to represent defendants. People may not realize that an attorney defending someone charged with violating state or federal criminal laws might be doing so without expecting to be compensated for his or her services. Pro bono criminal lawyers volunteer their time and services without expectation of payment. Here are three little known facts about pro bono criminal lawyers. Lawyers are encouraged by state and federal bar association rules of professional conduct to perform services for those individuals who cannot afford to pay for them. Pro bono is derived from the “pro bono publico” which means “for the public good” in Latin. Pro bono criminal lawyers who are providing services to indigent defendants are maintaining the tradition of members of the legal profession doing public service. The Model Rules of Professional Conduct of the American Bar Association are the basis for most of the codes of conduct adopted by local bar associations around the country. Under the model rules, lawyers are encouraged to aspire to providing a minimum of 50 hours of free legal services each year to individuals who cannot afford to hire an attorney. An important outgrowth of the concept of lawyers providing free legal representation has been creation of the Innocence Network. The network is composed of 69 organizations across the U.S. and around the world that offer pro bono criminal lawyers and investigative services to people who have been wrongly convicted of committing crimes. The organizations of the Innocence Network use advances in DNA testing to reopen criminal cases and prove the innocence of the individuals wrongly convicted. Pro bono criminal lawyers work with investigators to review the evidence used to convict individuals and use DNA testing to refute the original evidence. Large law firms located throughout the country encourage attorneys working for them to perform pro bono work. Instead of individual attorneys committing their time to working pro bono criminal lawyers, the firm takes on the pro bono cases using its attorneys and other resources to defend individuals who cannot afford to pay an attorney. If pro bono criminal lawyers were not available to provide representation to people accused of committing crimes, there would be an adverse impact on the operation of the criminal justice system. Pro bono criminal lawyers provide the representation defendants are entitled to under the Constitution. "
Three Times Exigent Circumstances Exist,"Exigent circumstances refer to times when a law enforcement officer can make a warrantless search or seizure. Because a warrantless search potentially violates the Fourth Amendment, which otherwise protects people from unreasonable search and seizure, exigent circumstances only exist when an officer has probable cause and no time to obtain a search warrant. In other words, exigent circumstances exist in what would usually be considered emergency situations. Although these situations often refer to instances where a person’s safety is potentially in jeopardy, it can also refer to times when a suspect is about to escape or evidence may be destroyed or removed. Below is a look at the three instances when exigent circumstances are most often said to exist.  If a law enforcement officer has probable cause to believe that a person’s life or safety is in danger, then those exigent circumstances would allow the officer to perform a warrantless search of a property. Usually, officers are required to first knock, announce their presence, and be refused entry before they can break into a residence. However, there are circumstances when officers do not need to follow this ‘knock and announce’ statute. In a hostage situation, for example, it may be necessary for officers to break into a residence without warning in order to take the hostage-taker by surprise. A crime needn’t necessarily take place for a warrantless entry of the property to occur. For example, during a fire an officer (or any member of the public) can enter the property in order to save any person believed to be inside.  Exigent circumstances also exist when a suspect is either believed to be armed or in the process of fleeing. For example, if a police officer is pursuing a suspect on foot and that suspect cuts through somebody’s private property, the officer would not need a warrant to enter that private property for the sake of apprehending the suspect.  Finally, an officer can enter private property without a warrant if that officer has probable cause to believe that evidence is about to be removed or destroyed. To determine whether an officer has probable cause, a court will look at whether a reasonable officer at the time of the warrantless entry would have reason to believe that evidence was being destroyed. For example, an officer who knocks on a person’s door, announces his or her presence, and then, though the window, sees an individual inside emptying what appear to be illicit substances down the sink’s drain would likely have probable cause to believe that evidence was being destroyed. In such circumstances the officer would likely not have time to gain a search warrant in order to seize the evidence.  Exigent circumstances are an important tool for helping officers protect public safety. However, determining when an officer has probable cause for entering a residence without a warrant is often a fraught issue and many criminal defense cases have succeeded by questioning the reasonableness of a warrantless search.   "
Three Ways Good Samaritan Laws Are Essential,"A Good Samaritan is somebody who offers help to a person in need. Ensuring that Good Samaritans are protected from liability claims or legal actions as a result of their assistance is important for ensuring that people are not afraid to render assistance to strangers when required to do so. As a result, many jurisdictions around the world have Good Samaritan laws. These laws remove legal liability and other legal complications from those who attempt to help or rescue a person who is in danger, ill, suffering an emergency, or unconscious. Here are three ways Good Samaritan laws are essential in emergency situations.  Good Samaritan laws differ between states and provinces, but generally they offer some protection to certain emergency and medical personnel. Emergency personnel operate under high-stress conditions and there are times when in their efforts to help someone they could inadvertently cause an injury. For example, a physician may administer a drug to a person in an emergency without knowing that that person is allergic to the drug in question. Typically, that physician would be protected from legal liability since his or her administering of the drug was done in order to help the individual.  Not all Good Samaritan laws apply exclusively to emergency personnel. Many such laws also offer protections to non-emergency personnel who find themselves in a situation where a stranger requires assistance. A Good Samaritan law will protect bystanders from being sued if, in their attempts to render assistance in an emergency, they inadvertently cause injury or damage. Typically, however, there are limitations to this protection. Good Samaritans must exercise at least some standard of care and could potentially be sued if their actions amount to gross negligence. For example, if a motorist witnesses an accident and attempts to drive to the scene of the accident to help, he or she cannot disregard the safety of other users of the road by driving dangerously, such as by swerving in and out of traffic or driving into oncoming traffic.  Good Samaritan laws don’t exist solely to protect people from being exposed to civil lawsuits. In some states and jurisdictions Good Samaritan laws can also protect people from certain criminal charges. These Good Samaritan laws tend to apply in cases of drug overdoses. Because witnesses to a drug overdose may themselves be in possession of illegal drugs, they are often hesitant to contact 911. A Good Samaritan law may protect such witnesses from being charged with certain drug offenses so long as they contact emergency services in order to help a person suffering from a drug overdose get medical assistance as soon as possible. It is important to note, however, that this sort of Good Samaritan law does not exist in all states.  People shouldn’t feel held back from assisting somebody in an emergency over fears that their actions could lead to legal trouble. Good Samaritan laws, therefore, offer essential protections to both emergency personnel and bystanders, ensuring that injured or imperiled people get the assistance they need.   "
It’s Election Time in the US: 5 Options for Americans Planning Immigration to Canada,"It’s presidential election time again in the United States and with it comes the election-year tradition of hundreds of thousands of Americans threatening to leave the country if the opposition candidate is elected. This year is no exception as evidenced by the explosion on social media of people threatening to cross the border into Canada if Donald Trump is elected. But, immigration to Canada might not be as simple as people expect it to be. Canada might appear to be the perfect landing place for disgruntled U.S. citizens who are intent on fleeing their country after the November election, but immigration to Canada is tightly controlled and regulated. The welcome mat is out for Americans who want to spend a few months up north to come to terms with the election results or to simply take in the Canadian scenery. Temporary visitor visas allow U.S. citizens to remain in Canada for up to six months.   For those individuals who want to make a more permanent move across the border, there are categories under which a person may become a permanent resident of Canada, including: Being unhappy with the results of an election is not one of the criteria for obtaining permanent residency. Qualifying under the categories requires compliance with the application process and guidelines for each one.   Applicants for permanent residency as skilled workers undergo an evaluation process in which they are scored based upon their level of education, work experience, language skills, age, adaptability and whether they have made arrangements for employment in Canada. The combined scores can range from 0 to 100, but a 67 is the minimum score required for consideration for permanent resident status.   Investors, entrepreneurs and self-employed individuals starting a business in Canada might qualify for business class permanent residency. Each group must demonstrate a significant financial contribution to Canada or, in the case of self-employed individuals, a significant contribution to Canada’s cultural or athletic activities.    Each of the provinces can nominate a person for immigration to Canada. A person wishing to use this category to achieve permanent resident status must contact the local immigration office within the particular province in which he or she desires to settle and submit an application. If the person is nominated by the province, an application must then be filed with Citizenship and Immigration Canada.   Individuals who are citizens or permanent residents of Canada can sponsor their family members for permanent residency. Sponsorship may be required for anywhere from three years to 10 years depending upon what the government determines is necessary to assist the family member to become settled. Individuals intending to settle in Quebec province might qualify under a program that allows the province to select those it deems best able to make a contribution to it. The evaluation process is conducted at the province level under a special arrangement with the government of Canada. Will 2016 be the year in which crowds of Americans crossing the border to become permanent residents of Canada? It’s doubtful, considering that immigration to Canada in 2014 included only 8,500 U.S. citizens. If you are committed to renouncing dual citizenship and leaving the U.S, you should make certain you qualify for residency before the November elections roll around. See Also: Four Important Factors to Consider Before Renouncing Dual Citizenship   "
The Four Pillars of the Rule of Law,"The concept of the rule of law goes back to ancient times and it can essentially be summed up by the well-known phrase, “nobody is above the law.” In other words, in a governing system based on the rule of law, everybody is held equally accountable under the same laws. In contrast, a system that is based upon the rule of men, such as a tyranny, monarchy, theocracy, or oligarchy, occurs when governance, laws, and the administration of justice are determined by the interests of a single person or group of people. While rule of law is a fundamental principal in many countries today, the World Justice Project points out that effective rule of law itself depends on the upholding of the following four principles. Perhaps one of the defining features of the rule of law is that, under such a system, the law is applied equally to all citizens, including the lawmakers themselves. Rule of law simply means that the law itself, rather than individuals or organizations, reigns supreme. Therefore, even people who enforce and administer the law, such as police officers, judges, and lawyers, are still subject to the same laws as everybody else is. For a rule of law system to function, the laws themselves must be public, fair, stable, and understandable. If the laws change too frequently or arbitrarily, or the laws themselves are not publicized, then citizens have little hope of being able to abide by those laws. Furthermore, the laws must not violate fundamental human rights, which would again make them unfair to citizens.  It’s one thing for the laws to be written fairly, but if they are enforced in such a way that is either arbitrary or unfair then the rule of law begins to break down. For example, if a jurisdiction passes laws against drug use, but then only enforces those laws against a particular ethnic minority or social group, then the laws are not being enforced fairly. Citizens living under a rule of law system have a right to know that the laws are being administered and enforced in a way that is fair and accessible.  Not only must laws be enforced in a fair and non-arbitrary manner, but so too must justice be delivered in a way that is fair, accessible, and efficient. In other words, the judicial system must stand independent of outside interference, such as by politicians or law enforcement agencies. Instead, the justice system must function to administer the law in such a way that citizens can expect to be treated fairly, regardless of their race, gender, beliefs, or economic status.  The rule of law is foundational to many functioning governments around the world. By limiting the arbitrary exercise of power by a single person or group, the rule of law helps establish a system whereby the fundamental rights and dignity of individuals and groups within a country are respected. While the rule of law is rarely perfectly applied, it is an ideal towards which many countries continue to strive. "
Why Ab Initio Is a Big Deal in Contract Law,"The phrase ab initio comes from Latin and literally means “from the start” or “from the beginning.” Such a definition may sound fairly innocuous, but the truth is that this little phrase has a big impact on legal decisions. From striking down bad contracts to protecting people from excessive police powers, the declaration that something is the case ab initio can have major reverberations for lawyers, businesses, and private individuals. Here’s a look at what ab initio is and when and why it matters. As stated above, ab initio means “from the start.” Therefore, if a court declares something to be the case ab initio, it typically means that the court’s ruling on it applies from when an act occurred or when the circumstances for the case in question were in effect, rather than from the point in time when the court actually ruled on the matter. To put it in simpler terms, if a court declares a contract to be void ab initio, it means that that contract is considered invalid from the time it was written and/or signed (i.e., from the start of the contract) rather than from when the court declared it to be null or void. Ab initio is an especially important concept to know for contract law. If a court declares a contract void ab initio, then the contract cannot be remedied or modified to correct whatever was wrong with the contract in the first place. Essentially, if a contract is declared void ab initio, the ruling effectively means that the contract essentially never existed and therefore had no binding power over any parties to the contract. For example, if a person signs a contract either under duress or while being misled about the contents of the contract: The concept of ab initio doesn’t just apply to contracts, however. In rare cases, it can also be used as a check on the power of public officers. Although rare nowadays, something being declared ab initio can protect private citizens from abuse of state power. For example, a police officer may have a court order to enter a person’s private property and seize a piece of jewelry that is considered stolen goods. If, however, that police officer enters the house and takes that person’s television set, the courts will consider the officer to have exceeded his or her authority and to have used the court order as a pretense for committing an unlawful act. Therefore, although the court order itself was legal, the officer will have been considered to be trespassing ab initio. Again, however, the use of ab initio to reign in abuse by police is rarely used nowadays. "
4 Essential Things to Know About Habeas Corpus,"Fundamental to almost any democracy, a writ of habeas corpus is widely considered one of the most basic protections citizens have against unchecked state power. While habeas corpus is a fundamental component of the U.S. Constitution, its meaning and importance is not always widely understood by the general public. Here’s a look at not only what habeas corpus is, but why it is so important in today’s democracies. Habeas corpus is a Latin phrase that literally means “produce the body.” A writ of habeas corpus is a summons, applied for by the prisoner or by somebody on his or her behalf, and is addressed to the person or agency (i.e., a prison) holding that prisoner. A writ of habeas corpus demands that the custodian produce the prisoner before the court with proof that the custodian has authority to detain the prisoner. Essentially, habeas corpus gives prisoners the right to ask a court to release them early or change the conditions of their detention if his or her detention is potentially unlawful. Getting a writ of habeas corpus has no bearing on whether the prisoner is guilty or not guilty. Instead, it is used to establish whether the state has the authority to actually detain the prisoner in question. Habeas corpus is one of the most important checks on state power that citizens of many democracies currently have. Without habeas corpus, the government would essentially have the right to imprison citizens without charging them or bringing them to trial for indefinite periods of time. In countries that do not enjoy strong habeas corpus protections, for example, it is not uncommon for individuals to be detained and imprisoned for months and even years without being charged with a crime. The essential idea of the writ of habeas corpus was set down in the Magna Carta, which was written in England in the 12th century. The Magna Carta helped establish a number of rights that have since become recognized as foundational to democracies around the world. Among those rights was a guarantee that the monarch could not imprison people or seize their land without having lawful reasons for doing so.  Habeas corpus was also written into the U.S. Constitution, meaning that the protections provided by a writ of habeas corpus are considered the “law of the land” in the U.S. In other words, state and federal laws cannot violate a person’s right to seek a writ of habeas corpus. At the same time, however, there have been periods in U.S. history where habeas corpus has been suspended. The U.S. Constitution allows for the suspension of habeas corpus “when in cases of rebellion or invasion, the public safety may require it.” During the War of 1812, for example, General (and later President) Andrew Jackson controversially suspended habeas corpus in New Orleans and began mass arrests. About half a century later, President Abraham Lincoln suspended habeas corpus in many states as a public safety measure during the Civil War.  Habeas corpus is one of the most important protections citizens have against state power. While this protection is many centuries old, it is one that continues to have a major impact on government, justice, and human rights in the 21st century. "
Statute of Limitations on Arrest Warrants,"Being charged with a crime needs to be taken seriously. For those who have been issued an arrest warrant, it is extremely important that they respond to it in the appropriate manner. Ignoring an arrest warrant will not make it go away and could turn the accused into a fugitive. However, in some cases an accused may only become aware of a warrant for his or her arrest years or even decades after the alleged offense was committed. In such situations, it may be reasonable for the accused to ask whether statute of limitations apply to arrest warrants. The answer to this question can become complicated, especially given the diversity of state laws on statutes of limitations, but below is a brief overview of how time limits come into play when an arrest warrant is issued. The simple answer to this question is no, there are no statutes of limitations on arrest or bench warrants. When an arrest or bench warrant has been issued, it remains in force regardless of the amount of time that has passed. The state has determined that sufficient evidence exists to pursue a case against that defendant, thus, when it issues an arrest warrant then that warrant is considered valid regardless of the time that has elapsed since the warrant’s issuance. However, while an arrest warrant does not expire, prosecutors and law enforcement must execute the warrant in a timely manner. State laws vary considerably in how quickly officials must move to execute a warrant. Generally, however, the state must prove that it made a reasonable effort to locate the accused individual. If the state made little or no effort to find that individual then the case against that individual may be dismissed by a judge. Statute of limitations don’t usually apply to arrest warrants themselves. Rather, statutes of limitations place time restrictions on how long prosecutors can wait after an offense has been committed before they begin criminal proceedings. Furthermore, statutes of limitations vary depending on the state where the offense occurred and the severity of the crime. Misdemeanors, for example, will usually have a short statute of limitation than a felony offense would. If the defendant becomes a fugitive then the statute of limitations may also be increased in some states. Although arrest warrants never expire, it is important to recognize that the Sixth Amendment of the U.S. Constitution grants defendants the right to a speedy trial. How this right is interpreted varies from state to state and it usually only applies in cases where the sentence could result in jail or prison time. If a defendant’s right to a speedy trial has been violated then the case may be dismissed. While the statute of limitations does not apply to arrest warrants, there are various other time factors, as outlined above, that can impact the outcome of a criminal case. Anybody who has been charged with a crime, however, should contact an attorney immediately. Ignoring the charges is never a good option and it could make one a fugitive, thus potentially increasing the penalties one may ultimately face.   "
No Fee If No Recovery: What Does This Mean?,"“No fee if no recovery” is a phrase used by countless attorneys—particularly personal injury attorneys—in advertisements that are designed to attract new clients. While the phrase has proven popular, misconceptions about what it actually means often arise with the general public. “No fee if no recovery” is a payment arrangement also referred to as working on a contingent fee basis. In the simplest of terms, a contingent fee means that the attorney will be paid for his or her work on a case only if money is recovered in that case. In other words, the attorney’s fees are contingent upon a successful outcome in the case. While such a definition may sound straightforward, it is important to understand that contingent fee arrangements can become complex. Because contingent fee arrangements mean that the attorney only gets paid when money is at stake that means that contingency fee arrangements are usually only practical when damages are being pursued, most often in personal injury or workers compensation cases. The actual contingency fee will vary from attorney to attorney, but generally it ranges between 25–40% of the settlement amount. Many people who are looking for a personal injury attorney to represent them often have a skewed notion of what a contingency fee arrangement entails. In particular, there is often a misconception that a case will be free for the client if the verdict goes against him or her. Such an arrangement is extremely rare in contingency fee cases. If the plaintiff’s case is lost then it is true that he or she will not have to pay attorney’s fees, which include the time and labor that an attorney and his or her staff put into the case. In most instances, however, the client will still need to cover case costs. Case costs are those expenses that the attorney incurs as a result of filing and pursuing a case. Case costs may include, but are not limited to, such items as filing fees, expert testimony (including potential travel and hotel costs for those experts), postage, photocopying, and other expenses that may be incurred when building a case. In some cases, especially where complex evidence and expert testimony may be vital (such as a medical malpractice case), case costs can run into the thousands of dollars. While there are payment arrangements wherein case costs are covered by contingency fees, such arrangements are rare. The client will need to fully understand whether case costs will be his or her responsibility before retaining an attorney. Failing to inform the client about what costs and fees he or she is or is not responsible for could not only lead to a strained attorney-client relationship, but it could also expose that attorney to accusations of legal malpractice. Contingency fees are almost universal in personal injury law. Despite the ubiquity of such fee arrangements, however, attorneys should never assume that potential clients are coming to them with a full understanding of what contingency fees fully entail. By discussing contingency fee arrangements in detail with the client early on, attorneys will protect their professional reputations and help build a sense of trust and confidence with the client. "
How Can Personal Injury Lawyers Recover Case Fees If a Case is Lost?,"Losing a case is never fun and most litigation lawyers will lose a case at some point in their careers. For lawyers who work in personal injury law, a lost case is not only demoralizing, it can also be a significant blow to their finances. Unlike many other types of lawyers, personal injury lawyers work almost entirely on a contingency fee basis, meaning they charge their clients a fee only if they win their case. While such a system may sound like lawyers are stuck paying for the costs of a case if they lose, the good news is that even when a case is lost, personal injury lawyers can recover the costs associated with that case from their clients in most instances.   It is important to understand that there is a big difference between fees and costs. Personal injury lawyers who operate purely on a contingency fee basis only charge clients for their time if they win the case in question. If the case is lost, then the lawyer cannot charge the client for the time he or she put into the case. At the same time, however, clients will be expected to pay for costs associated with the case. Costs are expenses that must be paid to help further a plaintiff’s case. Some examples of costs can include, but are not limited to, filing fees, expert fees, travel costs, jury fees, postage, copying, phone charges, and research costs. Because every case is unique, the types of costs a client will be expected to pay will depend on the unique circumstances of their particular case. It is useful to think of fees as the income a lawyer makes, whereas costs are the expenses associated with pursuing a case. For lawyers, it is extremely important that they be completely upfront with clients about the differences between costs and fees. While such differences may appear routine for those who work in the legal profession, for many non-lawyers fees and costs will be treated as synonymous terms. Clients need to know that even if they hire a lawyer on a contingency fee basis that they will still be responsible for paying the costs associated with their case regardless of the final verdict.   Another way lawyers can recover case fees even if they lose a case is by charging an hourly fee. A lawyer that charges an hourly fee will usually expect a client to pay a retainer upfront. The retainer will help cover the costs of the case. The most obvious advantage of charging an hourly rate is that it removes much of the risk an attorney takes on when he or she agrees to handle a particular case. However, since such a payment structure requires clients to put up large sums of money early on, it is very rare in personal injury cases. Typically, hourly rates would only be charged in cases that involve a high element of risk or when clients can afford the extra expense.   Personal injury law can sometimes feel like a financially risky profession, especially for those working purely on a contingency fee basis. However, even when a case is lost personal injury lawyers have avenues for recovering the costs of the case. A payment structure should carefully outline how costs are to be covered and this structure should be clearly explained to clients early on. "
What is a Deposition?,"An essential element of any civil or criminal court action is the evidence offered by the parties. Evidence is what each side in a dispute must present to either a judge or a jury to prove what are, up to that point, probably nothing more than unproven allegations. Much of the evidence presented at a trial is in the form of testimony from witnesses who are brought in by one of the parties. There is a risk to putting a witness on the stand to testify during a trial without knowing in advance what the person is going to say. Depositions help reduce this risk by giving the attorneys for the litigants the opportunity to question the witness well before the trial begins. Depositions usually take place as part of the discovery phase of civil or criminal litigation. Discovery is the process by which the parties exchange evidence and information with each other about the case. Depositions usually are held away from the courthouse in the office of an attorney for the one of the parties. A stenographer is present to take down what is said during the deposition and produce a written transcript of it. Some jurisdictions allow for the video recording of a deposition as long as the attorneys involved in the case agree to it. Depending upon where you live, asking the question, “What is a deposition?” might result in an answer that could be a little confusing. Most attorneys will know what you mean, but you might hear them referring to a deposition as an examination before trial. As a general rule, examinations before trial refer to the taking of testimony from one or more of the parties in a lawsuit. When the witness is not one of the parties, it is usually referred to as a deposition. Besides giving the attorney conducting the questioning of a witness the opportunity to hear what the individual will say if called as a witness at trial, depositions also preserve and memorialize the testimony of a witness. The transcript of the deposition of a witness may be introduced into evidence at the trial under the following circumstances:   Experienced attorneys know the important role depositions can play in a court case. Statements made under oath during a deposition can be the deciding factor in winning or losing a lawsuit. "
Pursuing Damages in Statutory Rape Cases,"For a growing number of victims of statutory rape, the pursuit of justice has taken the form of civil lawsuits. Because the standard of evidence in civil lawsuits is lower than in criminal cases, many rape victims find a civil suit to sometimes be a more effective way of ensuring that an alleged perpetrator of statutory rape is held accountable for his or her actions. This article will briefly look at why victims of statutory rape may want to pursue a civil lawsuit and what they can expect in terms of damages typically awarded in successful suits.   It is important to note that in cases of statutory rape, the victim may have given consent to sexual intercourse, but because he or she was under the age of consent at the time the sexual act itself is considered rape. Both criminal and civil cases involving allegations of rape may be pursued through either state or federal courts depending on the circumstances of the allegations. The vast majority of cases, both on the criminal and civil level, however, are pursued in state courts. Be aware, as well, of the difference between a criminal and civil case. While in a criminal case it is the state that attempts to prosecute the defendant, in a civil lawsuit the survivor of the alleged rape launches a private suit against the defendant. While rape survivors can pursue monetary damages against the defendant, prison cannot be imposed as a penalty in a civil lawsuit. Statutory rape survivors can pursue a civil lawsuit against perpetrators regardless of whether or not the perpetrator has been found guilty of rape (or a similar charge) in a criminal court. At the same time, however, successfully suing the defendant is generally easier if that defendant has already been found guilty of rape or sexual assault in a criminal court.   For survivors who are successful in their civil suits, the court will award them damages for the injuries they suffered. Damages take the form of monetary awards that are to be paid by the defendant. Because each state differs in the amount of damages that can be awarded, it is impossible to give a specific picture of what a statutory rape victim can expect in terms of monetary damages following a successful civil lawsuit. Furthermore, the amount of damages that a rape survivor actually receives and the decision to even launch a lawsuit in the first place may depend on the amount of assets the defendant has. In most states, victims are limited to pursuing compensatory damages, which, as their name suggests, are meant to compensate victims for the injuries they have suffered. Punitive damages, wherein the defendant is ordered to pay damages as a punishment for the injury he or she subjected the victim to, are fairly rare in statutory rape cases. Some of the claims that may be pursued in a civil case alleging statutory rape include claims for personal injury, medical expenses, lost wages, assault and/or battery, Victims of Crime Act (VOCA) claims, emotional harm, loss of consortium, sexual abuse, and others. The choice of whether or not to pursue a civil suit involving damages in statutory rape is a difficult one. In addition to the damages awarded, such suits may help victims regain a sense of control and purpose over a situation that may leave them feeling helpless and confused. A qualified attorney should be consulted beforehand, however, to discuss the feasibility of pursuing legal action involving any accusations of rape and/or sexual assault. "
How To Check Immigration Status Online With An Alien Number,"Once you have applied for United States citizenship, you might want to know the status of your case. The government is very busy and has been known to lose important documents. Here is how to check immigration status online with an alien number. There are many ways to check your immigration status online, but the easiest may be the United States Department of Homeland Security United States Citizenship and Immigration Services (USCIS) website – “https://egov.uscis.gov/”. You or your representative will need to enter the 13-character application receipt number to view your status. The website has a nice timeline showing the advancement of your case – Acceptance, Initial Review, Request for Evidence, Decision and Card Issuance are just some of the categories. The system is being modernized allowing you to create an account on the website. You can also receive phone, email or short message system (SMS) text messages to notify you of updates when you “Sign-Up for Case Updates.” You can submit a service request by clicking “e-Request”. The USCIS site also lists the average processing times for various forms. Sometimes, the government website can be a little slow and might not have the most up-to-date information on your application status. Besides the government website, you can check your immigration status online using a number of other methods. The USCIS has created a system called “INFOPASS” allowing you to talk to an immigrant officer directly. You could call an immigration service center. You could contact service centers using email. The country is divided into different regions with service centers for each. If you do not receive an email response within three (3) weeks, you should contact the center again. Citizenship is a serious matter and your congressional representatives have power over the process. After exhausting these other paths, you could contact your local congressional officials and discuss your inability to find your case status with them. Or contact the Federal Bureau of Investigation (FBI). They have the legal duty to manage investigations within the country. If you still can’t get a credible answer, you could threaten to file a lawsuit. Government bureaucrats don’t want to waste resources going before a judge or court. Under the Freedom of Information Privacy Acts (FOIPA) you have the legal right to information on your immigration case status. "
How To Report Immigration Marriage Fraud,"Unfortunately, some immigrants try to cheat the system in order to gain entry into the United States. The United States Citizenship and Immigration Service (USCIS) appreciates whistleblowers who report fraud. Here is how to report immigration marriage fraud. United States citizenship is very valuable and some applicants try to leapfrog over others by engaging in marriage fraud. Having an American citizen as a spouse is one of the fastest ways to citizenship. The USCIS has an extensive interview process, including unscheduled visits, but even this is not enough to deter all of the fraud. If you have information concerning immigration marriage fraud, the USCIS would appreciate your assistance. There are many ways you can contact the USCIS anonymously. You may be listed as a “concerned citizen” in records to protect your identity. You should make sure to collect concrete evidence proving the fraud as well as the individuals: The government will need this information to identify the exact person engaged in the sham marriage. The most direct way to report fraud is to contact the United States Immigration and Customs Enforcement (ICE) division. They are the police force for immigration. You can contact them by phone and remain anonymous – 1-(866)-DHS-2-ICE or visit the website at “ice.gov”. These hotlines are specifically designated for reporting immigration violations. You could also contact the USCIS directly at 1-(800)-375-5283. When you speak to a live representative, you can make sure your information is properly recorded. You could also schedule an InfoPass appointment to personally meet a USCIS official to discuss the marriage sham. How To Report Illegal Immigrants Fraud will nullify any benefits of United States citizenship and could lead to deportation. The United States citizen may be guilty of the felony of defrauding the federal government with penalties of up to five (5) years in prison or a fine of $250,000. In most cases, any reports of potential fraud will help the customs officials to increase their investigations into the validity of the said marriage. The government has limited personnel to handle all of these cases, but with this “red flag” they are more likely to find other clues as to the fraudulent nature of the marriage. "
How Do I Check On My Security Clearance Status?,"For many jobs in the government sector, you will need a security clearance. The Defense Information System for Security (DISS) — which replaced the Joint Personnel Adjudication System — is the primary entity overseeing the entire process. Here is how to check on your security clearance status. A United States government security clearance determines what types of classified information that an applicant can see. Nearly 80% of the security clearances are for the Department of Defense (DoD) with other notable agencies including A certain level of security clearance must be established to hold key government positions. There are two types of security clearances: There are three main security clearance categories: The DoE has its own designations of “L” (Secret) and “Q” (Top Secret) Generally, the “Top Secret” clearance is good for five years, “Secret” is good for ten years and “Confidential” is good for fifteen years. All are subject to “Periodic Reinvestigation” reviews to keep them “active.” The clearance is job-specific and “terminated” or “expired” when the employee leaves the position. A security clearance application must be initiated by a prospective employer (usually a defense contractor or government agency). Generally, during the application process for a new government job, the applicant must also fill out the Form SF-86 “Questionnaire for National Security Positions.” This will require filling in the following information: name, address, residence, education, employment, family, friends, financial and foreign travel. There may be interviews of your personal references and an Enhanced Subject Interview (ESI) for top clearances. The National Agency Check (NAC) looks into the applicant’s credit and criminal background. The government will also consider drug abuse and misuse of computers. The Defense Industrial Security Clearance Office (DISCO) will review the applications. As of 2014, the wait for processing a top security clearance could range from 99 to 730 days. There is an “interim security clearance” or “interim eligibility,” which can be issued for defense contractors in a shorter amount of time. You can check on your clearance three ways: You can also have a look at what is a public trust security clearance? If you’re trying to get a job but are running into issues with your security clearance, you might want to get a free case review from a local lawyer. Clear up any questions regarding your employment and find out which steps to take next. "
How To Claim A New Home Furnace On Your Income Tax Form,"The federal government is offering tax incentives to homeowners and businesses who purchase brand new sustainable energy-efficient appliances. Homeowners who purchase a qualifying home furnace can deduct up to $150 from their taxes. Here is how to claim a new home furnace on your federal income tax form. “Fill Out Residential Energy Credits Form 5695” The “Energy Policy Act of 2005” has provided for tax incentives to encourage individuals and businesses to purchase more energy-efficient fixtures, appliances, and equipment.
A new home hot water boiler must achieve at least a 95 annual fuel utilization efficiency (AFUE) rating. This means that 95% of all the heating energy goes into the home duct system with only 5% being wasted. Homeowners can claim up to a $150 tax credit on their high-efficiency home furnaces by filling out their Internal Revenue Service (IRS) 1040 United States Federal Individual Income Tax Form or 1040NR for Non-Resident Aliens. These are the forms to use for: To determine the exact amount of your tax credit, fill out the “Residential Energy Credits Form 5695.” As you fill out this form, you will note that there are two sections: Part I is for “Residential Energy Efficient Property Credit” and Part II is for “Nonbusiness Energy Property Credit.” Part II is where you will claim this home furnace tax credit. Move down the page until you see Line 22 for “Residential Energy Property Costs.” The instructions state that the unit “must be placed in service by you; include labor costs for onsite preparation, assembly and, and the original installation.” There are tax credits for an efficient building (22a), water boiler (22b), or air circulating fan in a furnace (22c). Use Line 22b for a “Qualified natural gas, propane, or hot water boiler.” The maximum amount you can claim is $150.00 for your new home furnace. Continue to fill out Form 5695 until you get your total for the “Nonbusiness Energy Property Credit” on Line 30. Then take the total from Line 30 and enter it on Form 1040, Line 52, or Form 1040NR, Line 49. Finally, attach Form 5695 to your Form 1040 or Form 1040NR. "
How To Deduct California SDI From Federal Taxes,"It does not make sense for the federal and state authorities to tax each other government programs. Thus, you may be able to deduct your California State Disability Insurance (SDI) from federal taxes if you use the long Federal 1040 form. This is how you do it. California SDI has two primary program benefits: This is meant to supplement or replace some of the wages that workers are unable to earn due to temporary incapacity. Disability Insurance is for a non-work-related illness or injury. Paid Family Leave is for when a family member takes time off from work to care for a child, spouse, or parent. The State of California automatically withholds this mandatory tax from workers’ paychecks. SDI is meant as a “partial wage-replacement insurance plan” for California workers. This employee payroll deduction can be claimed on your 1040 Federal Individual Income Tax Return Form. You should use the long 1040 tax form because it allows you to itemize your deductions. Collect your “W-2 Wage and Tax Statement Form” to determine how much you paid in California SDI. The W-2 Form has Box 14 marked as “Other” where your California State Disability Insurance deduction totals should be listed. Next, you should take out “Schedule A Itemized Deductions” for your Federal 1040 Form and itemize the California SDI deductions. Transfer the figure from Box 14 of your W-2 over to Schedule A, Box 5a in the section marked “Income Taxes You Paid.” You will need to check Box 5a identifying the figure as “State Income” taxes. The California State Disability Insurance taxes qualify as State Taxes because they are taken out of your paycheck. Continue to fill out the Itemized Deductions Form, all of the taxes will be added together and totaled on Line 9 of Schedule A. As you continue down Schedule A, you will eventually total your Itemized Deductions. Compare your total amount for Itemized Deductions from Schedule A to your Standard Deduction listed in the instructions of the 1040 Federal Individual Tax Form near Line 40. You will enter whichever is greater – Itemized Deductions or Standard Deduction – on Federal Form 1040 Line 40. "
OSHA Regulations For Office Temperatures,"The Occupational Safety and Health Administration (OSHA) was formed in 1971 to oversee offices, workplaces, and businesses. OSHA has created regulations, rules, recommendations, and guidelines to help create the safest environment for American workers. Here are OSHA regulations (recommendations) for United States office temperatures. OSHA’s mission is to “assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and assistance.” Dusty warehouses, slaughterhouses, computer data centers, and urban offices all have vastly different work environments. Most computers require a lower temperature to work at peak performance. Workers will also be wearing different protective clothing in hospitals, semiconductor factories, and restaurants. Indoor Air Quality (IAQ) or Indoor Environmental Quality (IEQ) can include: OSHA has received many complaints about unpleasant odors, humid conditions, or toxic fumes in workspaces. These can lead to serious health problems, like asthma. It is not necessarily possible for each company to adhere exactly to OSHA stipulations. That is why OSHA has created “recommendations,” rather than “regulations” for office temperatures. This guidance is intended to maximize human comfort in the setting of the office temperature. Under Section III, Chapter 2, Subsection of OSHA Technical Manual, the optimum ambient temperature for an office should be between 68 and 76 degrees Fahrenheit. What is BACK-END OFFICE? If employees feel tired, get headaches, or have shortness of breath while working, they should try to determine the specific cause. Is it airborne, in the carpets or isolated to a certain room? Talking informally to your boss is the first step. Then, discuss the issue with a doctor if it continues. Modern handheld devices allow technicians to read room air temperatures. They can determine the indoor air flow for heating and cooling. This can help workers establish the best setting for the heating ventilation air conditioning (HVAC) equipment in the building. If an employee wants to contact OSHA for possible violations, they can qualify under whistleblower statutes and regulations. These prevent a violating employer from penalizing employees for complaints. "
How To File An Out Of State Small Claims Suit,"Small claims court is a local court. This means that plaintiffs and defendants live in the same state, and often in the same county. Accordingly, most counties in U.S. states have their own small claims court where plaintiffs may sue defendants for damages that do not exceed a certain dollar amount. In most jurisdictions, this amount is about: Because the damages involved are not large, it’s not worthwhile for the parties to travel great distances to appear. That’s why most small claims cases are local. However, sometimes you may need to file an out of state small claims lawsuit against a defendant who lives in another state. Not every jurisdiction will allow you to sue an out-of-state defendant in small claims court. However, you may be allowed to if the damages or injuries occurred in the state where you want to file the lawsuit. Similarly, contracts that are drafted within the laws of that jurisdiction or that are violated in that jurisdiction can typically be brought against out-of-state defendants. Sometimes drivers who are involved in accidents are called to be defendants in a small claims court matter in the jurisdiction where the accident occurred rather than the one in which they live. Other rules may stipulate that the defendant must be served with the lawsuit while they are physically in the state in which they are being sued. If that person never comes to the state, you may not be able to sue them in small claims court. If anything, filing a small claims lawsuit in a state other than the state in which you live is more difficult than filing a case with an out-of-state defendant. Some states do not even allow you to file a small claims suit unless you are a citizen of that state. To find out if it is even possible for you to file a complaint from elsewhere, call the clerk of the court for the appropriate jurisdiction. They should be able to provide you with information about whether or not out-of-state plaintiffs are allowed in their small claims court. Most small claims courts do not allow either side to be represented by an attorney. The rules and procedures are more relaxed, so you’ll have to do much of your own investigation when it comes to figuring out what is permissible in your jurisdiction. "
How To Get A Copy Of Divorce Papers From California,"In California certified copies of divorce decrees are either authorized or informational and must be obtained from the specific county Superior Court where the divorce papers were filed. A list of individuals who qualify as an authorized requestor is provided below. An informational divorce decree is available for family history or genealogy purposes and it is stamped with a declaration that the document is not valid for identification purposes. Divorce decrees are classified as confidential documents in California and while they can be ordered online, they are not available for downloading from the Internet. The state imposes a fee for obtaining a copy of a divorce decree, both authorized and informational. If a search of the court records results in no divorce decree being found, the fee is non-refundable. 
California has determined that someone requesting a divorce decree must meet one of the following classifications to obtain a certified document: 1. Be a named party in the divorce.
2. Be a parent or legal guardian of a named party.
3. Be a current spouse of a named party.
4. Be a domestic partner of a named party.
5. Be a sibling of a named party.
6. Be a child of a named party.
7. Be a grandparent of a named party.
8. Be an authorized or legal representative of a named party. The state requires a notarized affidavit of a person’s authority to request a divorce decree. 
You can look up the address for each California County Superior Court, and you can find application forms to request a certified document and associated fees. The certified divorce decree can be ordered online or in person at the appropriate county courthouse. The document will be mailed to the requestor when ordering online. When applying for a document at the courthouse, it is possible to obtain a copy while the requestor waits. If the search of the records will take longer than a few hours to process, the document will be mailed to the requestor. The court will require some detailed information to perform a record search; so the better prepared a requestor is, the faster the process can be completed. At a minimum, the requestor will need to know the names of the divorced parties, the courthouse where the divorce was filed, the date of the filing and the case number assigned to the divorce by the court. "
How To Read An NVC Case Number,"The government has many different types of identification numbers for a myriad of purposes. The National Visa Center (NVC) number is issued to immigrants wanting to enter the United States. Its alphanumeric characters store a lot of information concerning the visa application. Here is how to read an NVC case number. “National Visa Center is for Immigrants” The United States Department of State Bureau of Consular Affairs runs the National Visa Center. The government center suggests that individuals with any questions concerning their visa status should have their NVC case number, applicant’s name and petitioner’s name in hand. The center can be reached by phone or email by looking up “NVC Inquiry” on the government website. Once the National Visa Center is processing your case, you must contact them at least once every year. This prevents your application from expiring. You should update any information at that time. The United States Department of Homeland Security United States Citizenship and Immigration Services (USCIS) is the primary authority for processing American visas, but it has taken over some processing previously carried out by the United States Immigration and Naturalization Service (INS). This can be very confusing because usually the USCIS is the final authority on visa matters. When an applicant receives his USCIS receipt number, he must be aware that this is different than the NVC number. The USCIS receipt number may be on the “Notice of Action, Form I-797.” “What do the NVC Digits Mean?” The basic NVC case number consists of 13 alphanumeric characters. The first three places are reserved for alphas (letters) identifying the overseas embassy or consulate that received the original immigrant visa application. Some visas are issued according to quotas set for each country. The next 10 digits of the NVC are numbers that have been coded from the standard Julian calendar. The first four numbers are the year for the application (i.e. 1998). The next three numbers represent the date based on the following formula: Date + 500 (i.e. January 1st would be 001 + 500 = 501). The final number identifies the order of that application for that day (i.e. 4th application = 004.) The date and order of the NVC case are important because the older applications receive priority. This could also have legal ramifications since the government has a certain statute of limitations in which it must make visa determinations. "
How To Find A Lost Traffic Citation Number,"Getting a traffic ticket is enough to ruin anyone’s day. It means that fines will likely have to be paid and time may be lost if you decide to contest the ticket. The whole thing adds up to a massive headache. However, the problem only gets worse if you lose the ticket. That one piece of paper had everything you needed to know from the amount of the fine to the steps for responding or for fighting the citation. Fortunately, it’s relatively easy to track down a lost traffic citation number. Municipalities generally keep good records on these matters, so a bit of research should yield all of the information you need. How to Defend Yourself in Traffic Court Where you received the ticket is much more important than the specific police agency that issued the ticket. Very few police departments keep detailed ticket information to be dispensed to the public. Instead, they rely on the court system. The department’s website may be able to point you toward: Determine which county you were in when you received the ticket. Chances are good that you’ll be able to obtain the citation number from the superior or district court for that county. Use an Internet search engine by typing in the county name and then the words “superior court” or “district court.” Traffic infractions are handled by different courts depending upon the jurisdiction. Accordingly, you may have to do some searching. The court’s website probably has a link that is called something like “traffic,” “citations” or “tickets.” Click on this link to find out how to proceed. Some jurisdictions provide an online search option where you can enter information like your name, driver’s license number, or license plate number to look up a citation. In most cases, you will probably be provided with a phone number rather than an online search form. Call the number, making certain you are prepared with necessary information like your driver’s license number. You may have to be on hold for quite some time before you receive assistance. Although it may feel like a waste of time, stay on the line. Strict deadlines for paying traffic fines or appearing in court have a way of creeping up on you. You’ll want plenty of time to respond. "
How To Find Someone’s Probation Officer,"Many people receive probation instead of jail time in criminal cases. They must comply with certain regulations in accordance with their probation, otherwise, they could receive new charges or be sent to jail. If you know someone who is on probation and you believe they are violating the terms of that probation, then you may need to contact the probation officer. This is public information in most states since the majority of probation officers are overworked and may rely more than you realize on the assistance of the public. Think carefully before contacting a probation officer so you can be certain that what you will be reporting is appropriate. For instance, you should be able to report facts regarding a violation and not be acting on a personal vendetta. Doing so only wastes valuable resources, and if you provide false information, you may be facing charges yourself. If you don’t know the subject’s full, legal name, try to find it out before contacting the probation officer. If you only know the individual by a nickname, try to come up with a good description and a home address. This information can often identify the subject of a probation officer. Larger cities may have their own probation office. Other jurisdictions have a county probation office. Try an Internet search that includes the words “probation office” and the city where the subject lives. Typically, there’s only one probation office with a number of probation officers working out of a central location. It’s likely that you’ll have to call to find out which probation officer is assigned to the subject. The receptionist or secretary who answers the phone can normally figure out which probation officer is assigned to the individual. How To Get Off Probation Early Usually, you’ll have contact with the probation officer over the phone. Occasionally, you may be asked to meet with the officer in person. Regardless, be prepared to offer any factual information that may be in your possession. If this includes any kind of documentary evidence like: You may also be asked to send in copies. The instructions the probation officer gives you will vary depending upon your unique situation. Follow them carefully as this is usually best for your personal safety. Moreover, it makes the probation officer’s job easier when you comply with their instructions. "
How To File For A Petition For Writ Of Mandate,"At times, the government courts, departments or agencies do not follow the articulated law. When a judicial authority can clearly show that a certain course of actions are mandated by law, then he can issue a Writ of Mandate. Here is how to file for a petition for Writ of Mandate. “Citizen Can Petition Legal Authority to Issue Writ of Mandate” The Writ of Mandate (Mandamus) is a court order to government agency or another court to correct its previous illegal behavior in order to comply with the law. This mandamus is issued to correct defects of justice. In jurisprudence, case law is created by the actions of bureaucrats, administrators and judges. If a court judgment or action is a mistake, it could seriously undermine the legitimacy of the entire process. A regular citizen cannot issue his own Writ of Mandate, he can only request or petition an authority to do so. The mandamus is a discretionary, equitable remedy, which must be made in good faith. The Writ of Mandate is usually used to compel or restrict a public official from following an illegal order from another authority. “Three Kinds of Mandamus” The three kinds of mandamus are the following: 1) Alternative, 2) Peremptory and 3) Continuing. The Alternative Mandate commands the defendant to perform a specific act or explain to a court why is not performing said act. The Peremptory Mandate is an absolute order for the defendant to perform said act when there is no excuse for not performing the act. The Continuing Mandate demands that the defendant perform the act for an unspecified period of time henceforth. The citizen can file a Petition for Writ of Mandate to a court to enforce an action required by law. The applicant must state his name (or his organization’s name), date, court with jurisdiction, legal decision case citation and any other writs concerning this action. The applicant must identify his interest in this matter. The petitioner must state why the actions of a court or administrator violate the law, clearly state which law is applicable. Show why the actions are mistaken, unlawful, fraudulent or unfair. Applicants must describe the remedy or relief they are seeking under the Writ of Mandate. The citizen can suggest which type of mandamus should be issued also. Using words, such as “just,” “proper” and “lawful” is standard practice. "
Laws For Posting No Trespassing Signs,"You probably have seen a No Trespassing or Keep Out sign somewhere. Doesn’t it seem obvious that people cannot simply trespass on someone else’s property? Under the law, what does the posting of No Trespassing signs accomplish? Under the Universal Law, all land is originally communal land. The federal government owns many acres of land and some might think that a wilderness area may be public property. They might fish, camp, or hunt on private property by accident. A Keep Out or No Trespassing sign can control access to land by identifying it as private property. It is a good reminder to children also. Under the law, an individual who sees a No Trespassing sign:   What is TRESPASSER? Legally, anyone must ask your permission to be on your land, but you may not be there to discuss this issue with them 24/7/365. A No Trespassing sign and fence will send the message that no one can be on your private property without authorization. The Penal Code requires that landowners post conspicuous signs near the primary entry points of the area to be closed to the public. The law tries to keep a balance between the rights of regular people to enjoy land and the rights of landowners. If there is no fence, the land has not been improved, looks unoccupied, and has no posted sign, then someone can assume the land is public for the use of anyone. Under the natural squatter law, land should be used by the community for productive purposes. Unused land returns to communal ownership. Trespassing is officially illegal on an unposted property that has been improved, used, and fenced in. If a landowner or occupant requests a trespasser to leave verbally or with a written letter, the trespasser must leave. Generally, the Keep Out sign is basically the same as the No Trespassing sign. The landowner, legal occupant, or an authorized representative can post the No Trespassing or Keep Out sign on any portion of the land and identify any activity that is prohibited. Even if you post a No Trespassing sign, you can grant permission to designated individuals. That is your right as a property owner. Trespassing laws vary by state. "
Difference Between Birth Certificate And Certificate Of Live Birth,"For most purposes of identification, people use the Birth Certificate as the original document. But some have recently heard about something called the Certificate of Live Birth. What is the difference between the Birth Certificate and Certificate of Live Birth? The medical community has established the practice of issuing the Certificate of Live Birth when a human being enters the world. This form will include the basics of:   Health care professionals will then enter the information into their hospital database. At this point, the father should verify that the information on the form is correct. Mistakes can be made in the original form or during medical data entry. The mother will, of course, be stressed and won’t be able to concentrate when given the form. Corrections should be made before the Birth Certificate is officially issued. The Certificate of Live Birth is the first unofficial draft of the fact that your mother gave birth to you. Once this information is complete, this Certificate of Live Birth is sent to the Office of Vital Statistics or State Register to create the Official Birth Certificate. For the sake of school, insurance, taxes, identification cards, and travel documents, you should use your Birth Certificate. While the Certificate of Live Birth shows that you are medically alive, the Birth Certificate is the official record declaring your place of birth. Some people are not born in hospitals and don’t have these other records. The United States federal government may not take your Certificate of Live Birth for Passport purposes either. There have been some difficulties with birth documents in Puerto Rico. It is always wise to have your official Birth Certificate in a safe deposit box. Remember that the live birth hospital form is primarily for data entry purposes. Your Birth Certificate is for official recording purposes and will have the signature and date of a state official on the bottom. It should be printed on high-quality paper or cardboard with a registrar’s embossed state seal in the corner for authenticity. This official Birth Certificate will also have a registration number, so it can easily be looked up for reference. "
What Happens If Someone Violates A Restraining Order?,"A restraining order, sometimes called an order of protection, is a binding legal order issued by a court. Typically, a restraining order is issued when one party is accused of: The victim requests the restraining order as a means of protecting themselves from the aggressor. Terms in a restraining order differ depending upon the behavior exhibited by the aggressor. Sometimes the aggressor is restrained from approaching the home or place of work of the victim. They may also be prohibited from contacting the victim whether in person or by electronic means. Many aggressors who have a restraining order against them will intentionally violate the order. The consequences of doing so can be serious. In this article, we will discuss what happens if someone violates a restraining order, including the typical consequences and what to do if the order is broken. Violating a restraining order is a crime, but unfortunately, it happens quite frequently. In many cases, emotions run high when a restraining order is initiated against someone. Whether it is fear from the victim or anger from the aggressor, it is common for one party to feel the need to reach out to the other party. Now that technology is so prevalent, it is easier than ever to send someone a text, message them over social media, or give them a call. Sending an innocent text message may not seem like a violation, but if “no contact” is part of your order, it surely is. Regardless of if the person initiating contact is doing so to make amends or to retaliate, it is against the law. A person who violates an order of protection may be facing fines, jail time, or both. Restraining order violation is most often charged as a misdemeanor, though it may become a felony under some circumstances. For instance, if a person is arrested for violating a protection order, and this violation was committed in concurrence with another crime like vandalism or assault, many jurisdictions will elevate the charges to a felony. At the misdemeanor level, the aggressor may be facing up to a year in jail and fines of a few thousand dollars. At the felony level, the aggressor could be looking at five years or more in prison and considerable fines. The person who has obtained a restraining order should be careful to keep a copy of the order with them at all times. This way, if the order is violated in any manner, the victim can immediately show the protective order to the police who respond to the call. For the order to be most effective, the victim needs to strictly enforce it. That means contacting the police any time the order is violated, even if the contact appears benign. Failing to file a complaint can make it difficult to enforce the order later. It’s also important to promptly report any incidents between the victim and the aggressor. Authorities frequently cannot act if too much time has elapsed between the incident and when it was reported. A restraining order may only be a piece of paper, but it is nonetheless legally binding. This means that the restrained individual may be facing serious consequences for violating the order. If you are a victim of a restraining order violation, it is a good idea to find a family law attorney to help. However, if the aggressor does any harm to you (physical abuse, etc.), report it to the police immediately, and then notify your attorney. The family law attorney will be able to file a motion for contempt of court, meaning the original case that was opened against the aggressor will be readdressed in court. A hearing will take place, and a consequence will be determined. If you are the aggressor who has violated the restraining order, get in touch with an experienced criminal defense lawyer to tell you how to proceed. In most cases, the aggressor is the one that initiates contact after the order is in place – not the victim. But, what happens if the victim is the one reaching out to the aggressor? In some cases, victims might contact aggressors if they are a former love interest or family member. Maybe the man in the relationship physically abused his girlfriend, and she placed a restraining order against him for her safety. After time goes by, the girlfriend might have the desire to talk with the aggressor and decide she wants to reach out to him to make amends before getting the restraining order resolved. If the victim is the one to initiate contact, it is not a violation of the restraining order. It is only a violation if the aggressor is the one to contact the victim. "
Difference Between Juvenile And Adult Justice Systems,"In the United States, both juveniles and adults may be charged with crimes. Both are entitled to be made aware of the charges and to have legal representation. The lawyers in either a juvenile or adult criminal court have the right to question and cross-examine witnesses. Moreover, both juvenile and adult defendants are protected from self-incrimination. Beyond these similarities, these two systems of justice are quite different. In most states, an individual charged with a crime who is between the ages of 10 and 18 is considered a juvenile. However, some states set an upper limit of 16 or 17 years of age for juvenile court. Should the defendant be accused of a particularly heinous crime, there is the possibility that they could be tried in an adult court. This is a relatively rare occurrence, and often controversial given the young age of the accused. Where an adult is accused of a crime, a juvenile is generally accused of a delinquent act. This implies that the infraction the minor is believed to have committed is of a less serious nature. Because they are not adults, juveniles are not afforded the right to a public trial by jury. Their cases are decided by a judge alone. However, the proceedings in adult and juvenile criminal courts are quite similar in that evidence is presented, testimony is given and witnesses are questioned. In many states, the rules of evidence are less formal in juvenile court, making it easier for both plaintiff and defendant to present their case. For adults found guilty of a crime, the courts focus on punishment. Essentially, they attempt to impose a penalty that will make it less likely for the individual to commit a similar crime again in the future. Incarceration is the most frequently used means of punishment. However, the juvenile court system focuses on trying to rehabilitate the minor. Parole and probation are often used, as are diversionary programs. Each state creates its own diversionary programs. Components of these may include: Sometimes these programs help offenders to prepare for the future with educational programs. The juvenile justice system is designed to set underage offenders on a different path that will hopefully keep them out of adult jails and prisons. "
The Reality of Criminal Profiling,"When the mysterious serial killer Jack the Ripper roamed through the gritty and foggy streets of London in the 19th century, detectives from the Criminal Investigation Department of London’s Metropolitan Police were baffled by the alleged murderer’s skill in erasing his tracks. To aid their endeavor, the detectives put together a profile of the killer in the hopes of being able to run into the suspect as they conducted their investigation. Jack the Ripper was never confirmed to have been apprehended; however, the investigation resulted in the development of criminal profiling, which is widely used these days by law enforcement officials. Television dramas such as Profiler, Criminal Minds and Law & Order: Criminal Intent are based on criminal profiling as a forensic tool that can be used to augment the work of law enforcement officials and prosecutors, but this is also an activity that sometimes fail society and that can be subject to unethical abuse. Purpose of Criminal Profiling There are three objectives that criminal profiling seeks to achieve: Provide behavioral and social assessments of criminals, investigate how objects used by suspects may help them commit crimes, and to help investigators solve complex crimes. Criminal profiling has been successfully used to solve cases that rival Jack the Ripper in scope and complexity. For example, serial bomber George Metesky was identified and arrested thanks to psychological profiling of his correspondence in the 1950s. The arrests of serial killers Ted Bundy and Gary Ridgway were aided by extensive profiling. Criticism and Abuse of Criminal Profiling Although the intent of criminal profiling is clearly scientific, the investigative results are not always accurate. Critics often mention that criminal profiling is more art than science, and some police departments and government agencies, particularly in the United States, have debased this activity by introducing elements such as demographics, economics, race, and ethnicity to guide their actions. This is known as racial profiling. Gang suppression units and crime intelligence departments at law enforcement agencies often engage in racial profiling without even realizing it. A new trend in police work is crime prevention through behavioral and socioeconomic analysis combined with some elements of criminal profiling; to some critics, this practice sounds more like the precognition police officers in the 2002 science fiction film Minority Report, starring Tom Cruise. "
How To Get Residential Property Zoned Commercial,"Are you considering buying a property that is not zoned the way you would like it to be? Have you inherited a residential property that would be more valuable as commercial property? Here is how to get residential property zoned commercial. The primary zoning categories are agricultural, commercial, industrial, residential, and mixed-use. The county or city level of government is usually responsible for these zoning laws. There should be a special zoning committee or department to make these decisions. You can start by printing an official zoning map you find online. Look for trends on how the property was zoned in the community. Research the history of your town to determine if your property used to be zoned in a different way. Consider the present demographics of your community. When the railroads, subway systems, and roads were being built, the zoning laws were being modified. Large corporations will request changing the residential property to commercial. What are the largest developments in your neighborhood? If you want to change your residential property to commercial property you must demonstrate how this zoning modification will benefit the community. Find a property like yours that was rezoned to commercial; collect evidence demonstrating the benefits. How Long Do You Have to Use Capital Gains from a Property Sale to Invest in Another Property Before Paying Tax? Companies provide the necessary employment, products, and services to make a community thrive. Well-organized neighborhoods will have their own associations – visit your neighborhood association. Neighbors might express worries over increased traffic, noise, and pollution. Offer solutions. Meet new neighbors and build up a rapport. Rezoning decisions will require two sets of approval: 1) From the government 2) From the community Attend regular government and zoning meetings to build up a relationship with the decision-makers. Learn about requirements and how people succeed in rezoning their land. Collect the official land description details for your plat or parcel. You might consider hiring an attorney, architect, engineer, or surveyor to support your case. You must look professional. Develop a backup plan in case there are too many concerns with your original plan. Make your request to the zoning officials. File your paperwork and pay the filing fee. Your request will be published in the local newspaper. Neighbors can comment pro and con. The government may want you to revise your plan. Finally, there will be a vote on whether to change the zoning ordinance. "
Laws Against Downloading Music,"Video may have killed the radio star, but the Internet killed the record store. The music industry has not been the same ever since a file sharing software application called Napster was released right at the end of the 20th century. These days, music lovers can download songs and albums from a variety of online services, and sometimes they may be breaking the law while doing so. When Downloading is Illegal When a person purchases a song from iTunes, a file transfer or download must take place for the purpose of concluding the transaction. In a way, the music buyer is purchasing a license to enjoy a song under certain terms. This is legal insofar as being an online retail transaction. When a person uses a peer-to-peer (P2P) client to download a song that someone else is sharing from their computer, an act of copyright infringement might occur. It the individual or entity who holds copyright to the song did not authorize download thereof on a P2P network, an illegal activity may have taken place. Federal Laws that Apply to Music Downloads In the United States, a couple of federal laws help protect digital copyright works and intellectual property: 1 – The Digital Millennium Copyright Act (DMCA) of 1998 The DMCA is a complex and controversial law that was enacted before Napster arrived during the Clinton era. The DMCA has both civil and criminal provisions. Downloading music from a P2P network such as BitTorrent may result in a fine and could also open the door for the holder of the copyright to file a lawsuit and seek monetary relief. Under the DMCA, criminal penalties may be imposed on individuals who use technology to defeat digital copyright protection measures. 2 – The No Electronic Theft Act (NET) of 1997 Although this federal law was mostly enacted to protect software, it can also be applied to other digital copyright works. Whereas the DMCA can be broadly applied to individuals who engage in P2P file sharing, NET focuses on piracy schemes on a commercial scale. In general, if the value of the pirated works is $1,000 or less, the offense is prosecuted as a misdemeanor. When the value is higher than $2,500, the offense is treated as a felony. "
How To Arrange For Guardianship Of Your Children After Your Death,"Dying and leaving behind minor children is something no one wants to consider. However, the consequences of not making guardianship plans can have long term, devastating consequences. Should you pass away without appointing a guardian, your child may be sent into foster care and an uncertain future. The parent who gives some time to contemplating an arrangement for guardianship of their child after death will experience peace of mind in the event of a tragic accident or illness. The deceased parent who leaves behind a surviving spouse can usually rely on them to care for minor children. However, if both parents pass away or if one has abandoned the children, it’s important for the custodial parents to choose a guardian. Careful consideration should be given to: Many parents looking for a guardian consider the candidate’s religious views, opinions about education, and whether or not they would be willing to accept the responsibility. Once a selection is made, it’s vital to discuss it with the person who may raise your children. Make certain they understand the responsibility they would be assuming and that they are willing to do so. Perhaps the best way to appoint a guardian in a legally binding manner is by placing it in a will. With the assistance of an attorney specializing in wills and estates, it should be little trouble to identify the appropriate guardian and make any other necessary arrangements for the care of the child. Wills can incorporate a great deal of detail about how you would like your child to be raised, and this can be a useful guide for the guardian. Schedule a meeting that includes you, the guardian, and the attorney to go over the details of the will. How To Write A Will For Free   In the event of your death, a judge may be required to review the details of your will, particularly if someone else challenges some portion of it. One of the items that may be challenged is your choice of guardian. Most judges are willing to abide by your wishes as they are stipulated in your will. However, your choice may be subject to scrutiny. Although it is unlikely, the judge may decide against the guardian you chose in favor of someone else. Such cases are extremely rare, and if you appoint a guardian with the help of an attorney, there is little chance of this happening. "
How To Obtain An Apostille Stamp In The Usa,"Sometimes individuals or companies must send legal documents issued in the United States to other countries. In the past, it was difficult for these foreign countries to determine the authenticity of these documents. To simplify the process, the concept of the apostille stamp was created. What is an Apostille? During the 1961 Hague Convention, participating nations agreed on a form of document authentication known as an apostille stamp. When foreign nations receive legal documents bearing the apostille stamp, they can reasonably assume that the papers are authentic. What Types of Documents Require an Apostille? A company may need an apostille stamp on their articles of incorporation, a power of attorney or bylaws. Individuals sometimes require apostilles on academic transcripts, diplomas and assignments or on birth, marriage and death certificates. Who Provides an Apostille Stamp? The Office of the Secretary of State for each state is empowered to place the stamp on documents for use in foreign countries. The website of the secretary of state is the best place to find information on the process, as it can vary somewhat from one state to the next. Typically, the applicant must fill out a form explaining what the document to be authenticated is, how it will be used and where it will be used. The applicant sends the form, the original document that requires the stamp and a fee to the secretary of state for processing. After a few days, the applicant receives their original document, complete with apostille stamp, in the mail. They are then free to send the document to the foreign country. Potential Complications to Consider The Office of the Secretary of State typically provides an apostille stamp on documents signed by the county clerk or another county or state government official without requiring further authentication. However, documents that are not signed by a recognized government official may need to be notarized before receiving the apostille stamp. This means that the document must be signed in the presence of a notary who then attests to the authenticity of the signature. The notarized document is then sent to the secretary of state with the request for apostille stamp. In these circumstances, the secretary of state’s office is authenticating the signature of the notary as a recognized official. If there is any doubt about the need for notarization, it’s best to contact the secretary of state’s office before mailing the request. "
What Does An FBI Background Check Show?,"Obtaining a background check is often an important part of the hiring process. Background checks may also be useful for adoptions or for verifying that certain individuals are qualified to enter particular professions that are considered sensitive. In their National Crime Information Center the FBI maintains records of arrests from state and local agencies. Most of the records are linked by fingerprints as every individual who is arrested is fingerprinted as part of the booking process. The NCIC is essentially a database of these records. In addition, the NCIC also tracks reports of missing persons and fugitives who are wanted by law enforcement. When an FBI background check is requested, it typically shows all of the arrests for the individual in question. The data includes the date when the individual was arrested and provides a detail of the charges. Both felonies and more serious misdemeanors may be in the report. However, it is unusual to see moving violations or fines included. These offenses are typically not reported to the FBI because they are so minor. Nonetheless, a handful of agencies do report these matters at a federal level. Employers are the most frequent people to request background checks. Many jobs require that an individual maintain a clean criminal record to obtain, and in some cases to maintain, employment. People in teaching and medical professions are often the subject of a background check. When someone applies for a government job, even at city or county governments, it’s likely that a background check will be performed. Individuals other than employers may also find FBI background checks useful. For instance, a family looking to hire a nanny may want to request such a check in order to ensure their children’s safety. People hoping to adopt a child will probably be made the subject of an FBI background check by the agency that is coordinating the adoption. Sometimes people will request a background check on themselves. This helps to ensure the accuracy of the information. Also, as some data should be removed after a certain length of time, obtaining a background check can make certain this has happened. If it has not, then it can be corrected. Requesting a background check on themselves is the best way for people to ensure that the information being viewed by potential employers is accurate. "
How To Stop Telemarketers From Calling Or Texting You,"Unwanted sales calls and text messages can be both annoying and disruptive. Random solicitation calls and texts are not the reasons why people buy telephones and cell phones. Individuals have telephones and cell phones to be able to communicate with personal and professional contacts and to make and receive emergency calls. For the majority of phone owners, telemarketing communications have become a real nuisance. When phones ring with calls or ping with text messages from solicitors and people don’t know who’s contacting them, they’ll generally stop what they’re doing or they’ll allow their sleep to be interrupted to answer incoming calls or to read text messages. It is very upsetting when the calls and texts are from telemarketers, especially when cell phone users are charged a fee for sending and receiving text messages. But, people don’t have to endure these calls and texts; there are several ways to curb, if not completely stop, these bothersome communications for free. <strong>National Registries</strong> The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) was passed by Congress in 2003. This act prohibits telemarketers from sending messages or calling telephone owners with unwanted solicitations. However, phone owners can assist the federal government by subscribing to one or more of the national do-not-call registries. The following two websites are free to all phone owners. 1. The national do-not-call registry, www.dnc.gov, is the best place to subscribe both landline and cell phones. All someone has to do is go to the website, enter up to three telephone numbers and provide an email address. An email will be sent to a subscriber to verify the information. 2. The Federal Trade Commission’s do-not-call registry can be accessed online or by phone. The website, www.donotcall.gov, is where someone can list up to three phone numbers and an email address. The registry will send an email to the subscriber to verify the information. Individuals without computers can register their phone numbers on a do-not-call list by calling 1-888-382-1222. <strong>State Registries</strong> In addition to placing phone numbers on the national do-not-call registries, people can also list their numbers on their state’s do-not-call registry. At the current time, not all states provide this service. The website, www.donotcallprotection.com/state_do_not_call_list.signup , is where someone can find out if a state has this service and how to subscribe for the protection. Both national and state registries also provide information and procedures for phone owners to use if they continue to receive unwanted calls and texts. "
The law of verbal agreements,"<p>People have traditionally used a handshake to signify the reaching of an agreement. Verbal agreements, with or without the symbolic handshake, are legally enforceable in most instances. State laws require that certain types of agreements must be in writing under what is referred to as the Statute of Frauds.</p>
<p>Elements of a Legally Enforceable Agreement</p>
<p>Whether in writing or verbal, a legally enforceable agreement must contain three elements:</p>
<ul>
	<li>An offer</li>
	<li>An Acceptance</li>
	<li>Consideration</li>
</ul>
<p>When the three elements are present, they signify that the parties have achieved a meeting of the minds with each one obligated to do something. For example, a buyer’s acceptance of an offer to sell a car for $1,000 signifies a meeting of the minds completed by the giving of the keys and title to the vehicle in exchange for the money from the buyer.</p>
<p>The mutual exchange of something of value is what sets an agreement that courts will enforce apart from a gift that is not legally enforceable. A promise to give someone $1,000 without requiring the person receiving it to do anything in return is a gift that the giver can decide not to give.</p>
<p>Verbal Agreements in Court</p>
<p>The difficulty of proving the existence of a verbal agreement in court is one of the primary reasons attorneys recommend reducing them to writing. Memories can fade over time, so the terms of a verbal agreement might be subject protracted litigation as the parties argue over their conflicting interpretations of the contents. Although witnesses might prove helpful, rarely do the parties to a verbal agreement conduct their business in the presence of others.</p>
<p>One method of avoiding problems with verbal agreements is to confirm the terms in writing. A letter, memo or email to the other person to a verbal agreement might be sufficient proof of the terms to use as evidence in court.</p>
<p>Statute of Frauds</p>
<p>The Statute of Frauds requires that certain types of agreements must be in writing to be enforceable. Although the laws differ from state to state, the following agreements will not be enforced by the courts unless they are in writing:</p>
<ul>
	<li>Agreements for the sale or transfer of an interest in real property</li>
	<li>Agreements to answer for the debt of another person</li>
	<li>Agreements that cannot, by their terms, be performed within one year</li>
</ul>
<p>Even if a verbal agreement is proven to exist, it cannot be enforced in court if the law requires that it be in writing.</p> "
Employment Rights Of Convicted Felons,"Convicted felons looking for work typically have a hard road ahead of them. Federal and state laws may prohibit them from working in certain industries or may prevent them from being able to obtain a license to work in others. Understanding the employment rights of convicted felons can make it easier to find a job or to determine whether or not the employer is utilizing discriminatory hiring practices. The Federal Government’s Stance U.S. discrimination laws are administered by the Equal Employment Opportunity Commission. Under Title VII of the Civil Rights Act, the EEOC claims that it is unlawful for employers to habitually refuse employment to felons whose criminal act is in no way related to the applied for job. In other words, an employer would be well within their rights to refuse to hire someone convicted of child abuse as a schoolteacher, but that guideline may not apply if the felon applies for a job as a paralegal. Moreover, employers using overly broad rules to avoid hiring felons may be in violation of the law. State Laws Statutes at the state level vary. Within the Fair Credit Reporting Act, employers are allowed to use an applicant’s criminal history when making hiring decisions. However, each state sets guidelines for which information is made available to employers. Some states allow employers to utilize arrest records even if it did not result in a conviction. Other states only allow employers to make hiring decisions based on convictions while arrests without convictions must be overlooked. Additional Factors Some states require that employers weigh other factors. Often, a conviction that occurred many years ago should not be allowed to figure as heavily on a hiring decision as a conviction that happened in the recent past. Also, the employer sometimes must consider the seriousness of the crime committed and whether or not it has any relation to the job. Prohibited Jobs Some jobs that require a license such as teachers, lawyers and doctors, may be forbidden to felons. However, it is possible to find exceptions. Some felons have also been able to obtain employment in these fields and others through obtaining a pardon. Pardons are granted at the state level by the governor while federal crimes must be pardoned by the president. Going through the process of obtaining a pardon can be lengthy and difficult, but it may be worthwhile for the rehabilitated felon seeking employment. "
Definition Of Retribution In Criminal Justice,"Retribution is at the heart of just about all judicial systems that deal with law and order. To the extent that punishment is supposed to fit the crime, retributive justice can be distinguished from revenge in the sense that defendants are expected to give up something in return for the offenses they committed. Retribution can be considered a susceptible principle insofar as ranging in doctrines from “an eye for an eye” to “the Golden Rule.” Long before Hammurabi, the ancient King of Babylonia, codified the laws of the lands he ruled, societies approached crime and punishment based on religious beliefs. For example, the “eye for an eye” doctrine is biblical, but it is also present in the Code of Hammurabi that is believed to predate the Holy Scripture. This means that ancient societies believed in a form of retribution that was closer to retaliation. As religious leaders and philosophers pondered retribution, the Golden Rule of reciprocity was brought into consideration. Retribution without consideration of morals or ethics could be considered revenge. From these musings, the concept of retributive justice has advanced to punishment that must fit the crime. How to Get a Job in Criminal Justice When criminal offenders are believed to have gained an unfair advantage over others by breaking the law, judicial systems attempt to look beyond the punishment. Making victims whole by assessing fines or ordering restitution are concepts that seek to make retribution a more equitable affair to society in general. Unfortunately, such attempts do not always work as intended. An example of economic retribution would be a court order extended to a white-collar criminal who stole funds from his or her employer. Sending this convict to prison for a crime that deprived his or her victims of economic opportunity is not a good example of a punishment that completely fits the crime. If the convict is not allowed to work and make restitution, the victims are not being served by the justice system. In fact, a lengthy period of incarceration may come at a deep cost to taxpayers, who would be denied the economic opportunity as well. "
Reasons For A Dishonorable Discharge,"When a member of one of the branches of the U.S. armed forces commits an action that is considered a major violation of the code of proper conduct, they may be brought before a general court-martial. If found guilty of the offense, the military personnel may receive a dishonorable discharge. This expulsion from military service can have serious and far-reaching consequences. Possible Crimes that May Lead to Dishonorable Discharge Military personnel who receive a dishonorable discharge frequently commit the most serious crimes according to military protocol. A serviceperson who is Absent Without Leave, or AWOL, may be dishonorably discharged. To be considered AWOL, the individual must leave their post intentionally or fail to return to their post. Sedition is another crime that may be punishable with dishonorable discharge. In a case involving sedition, the guilty personnel may have tried to get others to disregard orders or may have even been involved in a plot to overthrow the government. Someone found guilty of a sexual assault may also be dishonorably discharged. Sexual assault can take a number of forms up to and including rape. In general, any time that sexual contact is forced on another individual, sexual assault has occurred. Similarly, charges of manslaughter or murder may also lead to a dishonorable discharge. Manslaughter charges may be brought upon an individual whose action or inaction unintentionally resulted in the death of another. When another’s life is intentionally ended, murder is the typical charge, and the guilty subject may receive a dishonorable discharge. Consequences of a Dishonorable Discharge When a major crime has been committed, the dishonorable discharge is rarely the end of the legal proceedings. Individuals who are dishonorably discharged may still be facing criminal charges in regular or military courts. They may be sentenced to jail time or to pay fines. However, a record that includes a dishonorable discharge can follow the individual through the rest of their life. People who have been dishonorably discharged may be shunned by military personnel, and they typically lose their entitlement to any military benefits for which they would otherwise have been eligible. Moreover, they may find it difficult to obtain employment and they will be ineligible for unemployment benefits. Some will be barred from owning a gun, holding public office and voting. Successfully appealing the dishonorable discharge may restore some of these benefits and entitlements, but the process is difficult and frequently futile. "
What Happens When You File A False Police Report?,"If you’re a witness or victim of a crime, one of the first steps to justice is filing a police report, which helps prompt an investigation. And while it is imperative to be completely honest and detailed when making a statement to the authorities, sometimes false statements are given, instead. So, why would someone file a false police report? There are a number of reasons – sometimes it’s done to shift the focus of an investigation away from oneself. On other occasions, a false police report may be made in order to make an innocent party appear guilty. Regardless of the reasons, filing a false police report is a serious crime that carries real consequences. A false police report always involves the element of knowingly supplying incorrect information, which typically results in the charge of lying to the police or obstruction of justice. There are varying consequences depending on how much damage the lie causes (more on that in a moment), but there is one sure-fire way to avoid getting yourself in that situation. You’ve heard it before – maybe in a soap opera or a movie – don’t talk to the police without an attorney present. And while it may seem like a cliché line, it is the single most important piece of legal advice when it comes to deterring someone from filing a false police report. How Long Do You Have To File A Police Report? Often, the result of a false report is the obstruction or hindrance of a police investigation. Depending upon the jurisdiction, a false police report may be charged as a: Misdemeanor charges may result in jail terms of one year or less. Typically, the defendant must also pay fines. If a person is charged with a felony, they may be looking at more than a year in jail and substantial fines. The person who made the false report may also be liable in a civil suit, such as if their report caused damage to another’s reputation. At the federal level, the consequences become even more serious. A false report that involves terrorism is treated the most severely, with prison terms of between seven and 20 years being common. The courts may also consider a false report of terrorism as a violent crime even if no violence occurred. If you are in a situation where you have filed a false police report, whether or not it was intentional, it is best to hire a criminal defense attorney as soon as possible. They may be able to argue that the statements were not made knowingly or that the statements were not intended to obstruct the work of the police. Defending a false report case is tricky, but it can be successfully handled. If you’ve ever seen Netflix’s Making A Murderer docuseries, you know just how complex and difficult it can be to clear someone’s name after providing the police with false information. The case of Brenden Dassey is a globally-known example of what can happen when someone speaks to the police without a criminal defense lawyer present. Brenden Dassey was convicted for life after admitting to charges of rape and murder. The documentary attempts to falsify Dassey’s statement to the police, and while it appears to the public that he was coerced into lying to the officer, he is still in prison. However, if Dassey’s report to the police was in fact false, as the show makes it seem, he could have avoided the entire situation if he would have had a criminal defense lawyer present at the time of the interrogation. Dassey’s case is just one possible avenue when it comes to lying to the police. There are many other outcomes that can result if you file a false police report. To learn more, check out how long you have to file a police report after a crime has taken place. "
How To Fight A Restraining Order,"Being served with a restraining order, particularly one that is undeserved, is infuriating. However, it’s important to remain calm. There are ways to fight it, and your chances only improve if you behave in a civilized manner. Seek an Attorney Your best chances for fighting a restraining order lie with an attorney. The type of restraining order will dictate what kind of attorney you’ll need to represent you. If you are involved in a criminal investigation, then a criminal defense attorney is your best resource. People who are dealing with a divorce will want to seek a family law attorney. Any other civil matters can be handled by a civil litigation attorney. Being Served and Responding You may be served with the restraining order through the mail, in person or at court. Regardless of the venue, it’s critical that you remain calm. Making an angry or impassioned argument to the process server or the judge will not help your case. Take it to an attorney instead. Your attorney can help you make a response to the restraining order. Many jurisdictions have a form that can be filled out and filed as a suitable response. Generally, it makes sense to file the response before the hearing date cited in the restraining order. This gives the judge a chance to examine your response in advance of the hearing. Understand and Comply with the Order As unfair as the restraining order may be, you must abide by it while you are awaiting your hearing. Your attorney can provide detailed instructions for actions you must avoid. For instance, you may be prohibited from contacting the other person via any means. Perhaps you must not approach them from within a certain distance. Some restraining orders may prohibit you from purchasing a firearm. You may also be required to give up any weapons you already own. Attend the Hearing Prepare for the hearing with your attorney. Make sure that you have copies of all relevant documents including the restraining order and your response. Your attorney can help you decide if any other documents may be necessary to support your position. Arrive at the courthouse well in advance of the appointed time. Don’t allow your emotions to control you. Remain calm, courteous and respectful. There’s no guarantee that the judge will decide in your favor. However, following these steps can make your success a more likely outcome. "
What Are Some Consequences Of Plagiarism?,"Copying someone else’s work and passing it off as one’s own can come with serious consequences. Some of these are personal, some are professional and some are legal. These consequences can vary depending upon how and where the plagiarism occurred. Students in high school or college may plagiarize another’s work either: Usually, the school sets the penalties for a student who is found to have plagiarized their work. In cases where the student plagiarized unintentionally through accident or misunderstanding, then the consequences may be largely up to the teacher. Perhaps the student will receive no credit for the assignment or will be warned about further consequences should the tendency to plagiarize continue. When the plagiarism appears to be intentional, there may be a number of consequences. These include failing the assignment and having to redo it. Some students may not be able to recover their grade or may automatically fail a course. Some academic institutions will suspend a student for plagiarizing. In extreme cases where the student commits plagiarism on several occasions, they may be dismissed from the school. When a professional commits plagiarism, the stakes are even higher. Notoriety as a plagiarist can effectively end a career. The plagiarist may be asked to leave their job or be fired. When this happens, it can be extremely difficult for the individual to find employment in the same field. Public figures may receive the heaviest consequences to their reputation and may have to retire from public life. Plagiarism that is egregious enough may also be subject to legal action. When a citation to the source material is omitted, then copyright laws have been violated. The original author of the work that was plagiarized may have grounds to file a civil suit. Some of these lawsuits are highly publicized, which can cause further damage to the plagiarist’s reputation. Moreover, the defendant may be liable for considerable monetary damages that must be paid to the plaintiff. Privacy Laws: Why It Matters, What To Do, & Important FAQs Considering the seriousness of the consequences, it’s important to avoid plagiarism at all costs. Doing so requires vigilance on the part of the writer. This may mean double-checking that all sources are properly cited within a piece. While this may consume a great deal of time, it is a worthwhile endeavor to avoid the academic, legal, and professional consequences that follow an accusation of plagiarism. "
How to Bring Cash Legally Into the United States,"Although there is no limit as to the amount of currency that travelers can carry when they arrive to the United States, there are certain procedures with regard to customs and taxation that must be observed. In general, travelers do not have to worry about carrying amounts less than $10,000; however, traveling with a lot of cash could pose problems. Declaring Money to U.S. Customs All currency and negotiable instruments that can be readily turned into cash must be declared at U.S. ports of entry and exit. Travelers who enter or leave the U.S. via airports, seaports or border crossing checkpoints must complete a Customs and Border Protection Form 6059-B and declare the exact amount of money they are carrying. When filling out a form 6059-B, travelers must declare all U.S. and foreign currency as well as gold and silver coins. Highly liquid instruments such as cashier’s checks and money orders are also subject to declaration. Travelers who pass through the U.S. in transit to another destination must also submit to this declaration, but they do not have to list checks or money orders that have not been endorsed. People traveling together should add up their cash and instruments when making this declaration. Should the amount of currency and negotiable instruments add up to more than $10,000, travelers must complete a Finance Crimes Enforcement Network (FinCEN) form 105, formally known as Report of International Transportation of Currency and Monetary Instruments. The Internal Revenue Service is notified of these declarations for the purpose of determining whether the funds are subject to income tax. Anti-Money Laundering Measures As part of the War on Terror and the War on Drugs, U.S. law enforcement agencies have significantly increased their vigilance over money laundering. To this effect, travelers who carry large amounts of cash without supporting documentation of its legitimate source may be subject to secondary inspections and seizure of funds. In some cases, law enforcement may confiscate cash in excess of $10,000 until supporting documents are produced. Failure to declare currency or willful misrepresentation on form 6059-B could result in hefty fines or funds being seized. Travelers who carry just under $10,000 in cash in frequent trips may come under suspicion of structuring a money laundering enterprise. FinCEN is also working on a method to compel travelers to declare prepaid cards that are loaded with $10,000 or more. "
The Wedding Cake Model Theory Of Criminal Justice,"Criminal laws are a method of social control by which government designates certain behaviors as contrary to the health, safety, or moral welfare of society. The laws define the conduct and establish penalties for those who violate them. The criminal justice system is law enforcement, courts, and corrections working together to apprehend, convict and sentence, and punish those people convicted of committing crimes. Criminal justice experts and scholars have referred to the criminal justice system as a process to deal with offenders. Everyone entering the criminal justice system is not treated the same. The system would be overwhelmed if the large volume of cases it must process were moved through the system without regard to the types or seriousness of the offenses. Samuel Walker studied the criminal justice process and compared it to a four-tiered wedding cake. According to Walker, cases entering the criminal justice system were treated differently according to the tier they occupied on the wedding cake. The first level at the top of the cake is reserved for high-profile cases. Celebrated cases are those involving the rich, famous, or those individuals with a high media profile. Level-one cases receive all that the criminal justice process has to offer from highly competent legal counsel and expert witnesses to trials and appeals. Cases in the first tier take up a good deal of the time and resources of the system. Cases on the second level are serious crimes such as: Level two cases are serious felony offenses that require the full attention of the criminal justice system. Level one and level two cases are handled in the highest criminal courts in the system. Level three cases are less serious than level two offenses. These cases usually are committed by first offenders or by offenders who are related to or know the victim. Level two offenses are usually resolved through the plea bargaining process rather than through a trial. Cases on the lowest tier of the wedding cake are nonviolent misdemeanors. These cases are handled by the lowest criminal courts and might involve alternative sentences such as community service. How to Get a Job in Criminal Justice Administration According to the wedding cake theory, most cases coming into the system fall into the lowest tier of the cake. At this level, cases can be handled in an assembly line manner to move them through as quickly as possible. "
What Happens When You Don’t Pay Child Support?,"Child support obligations are officially mandated by a court of law. These agreements for the support of minor children specifically define when and how much must be paid by the non-custodial parent. When a non-custodial parent cannot or will not meet these obligations, they may face serious consequences that can include time in jail. Because child support is essentially a court order, a non-custodial parent who is not making these payments will be found in contempt of court. They are informed of the contempt charge in writing and ordered to appear in court. If the parent does not appear, a bench warrant for their arrest will be issued. Even if the parent does appear, they may still be sent to jail if they cannot provide adequate proof that they could not make the child support payments, rather than simply being unwilling to do so. When the non-custodial parent suspects they will no longer be able to meet their child support obligations, it’s important to act quickly. The loss of a job, an extended illness, or other income reduction may significantly change the parent’s ability to pay. They can file a motion for child support modification that would decrease the amount they must pay each month. It may take time and the assistance of an attorney, but this proactive means of dealing with child support issues is far preferable to be found in contempt.   Many judges recognize that it is impossible for parents who are incarcerated to meet child support obligations. Accordingly, courts won’t necessarily throw a parent in jail because they missed a few payments. They may order: That is if they think such actions will help ensure proper payment. Depending upon the jurisdiction, the judge may also be able to modify the amount of child support that will be owed in the future. In these situations, the judge cannot reduce the amount of back child support payments that are owed. However, future child support payments may be reduced to reflect the noncustodial parent’s ability to pay. Failing to comply with court-ordered child support payments can result in a major legal headache, tremendous expenses and time in jail When possible, it’s best to request a modification to avoid many of these penalties.   "
How To Send Care Packages For Inmates,"If someone you love is incarcerated, you may feel helpless. Although you may not be able to see your friend or family member very often, there is one way you can comfort them during their time in jail or prison. Sending a care package to an inmate with their favorite treats, reading materials, pictures, and notes is a great way to show your love and support. But as you’ve probably learned, there are strict rules in regards to what inmates are allowed to have possession of while they are incarcerated, so how do you know what is okay to send them in their care package? In this article, we will discuss: Because of security concerns in jails and prisons, it is no longer possible for friends and family to send care packages directly to inmates. Instead, it has become common practice for prisons to develop contracts with certain approved care package providers. Loved ones can contact these care package providers to send a gift to an inmate. Regulations vary between jurisdictions, so it’s best to check with prison management to determine how often an inmate may receive care packages. Most only allow prisoners to receive one package each quarter. Moreover, prisons usually only contract with certain care package providers. If you order a package from another company that is not approved, it likely cannot be delivered. Contact the prison where the inmate is being held to find out which providers are approved for use. Each item in the package is carefully selected to meet prison regulations. They run the gamut from products designed to provide entertainment and distraction to useful everyday items. A care package might include food like coffee, candy, meats, and seafood. Personal hygiene items like toothpaste, shampoo, and deodorant are commonly included. Some inmates also receive shoes, sweats, or underwear in care packages. Sometimes things like guitar picks, headphones, art supplies, and books can be sent to prisoners. Some package services make it possible to set up a recurring order that is automatically sent each quarter. Each delivery essentially includes the same items. Customers may also make special orders for other items that are not included in the quarterly delivery. Again, it’s very important to check prison regulations before placing a special order. Some inmates may not be permitted to receive an additional delivery in the same quarter. The good news is that the care package providers make it very easy for the shopper to make smart choices. After arriving at the package provider website, users often have to input the inmate’s number or choose the correctional facility where they are housed. The user will then be given options for care packages that are approved for that inmate and that facility. If you have the opportunity to communicate with the prisoner, they may be able to tell you about certain items they need, and you can tailor your next order to meet these requirements. After the order is placed, it can be tracked at the website. Putting together a care package yourself sounds nice, but you run the risk of including something in the package that is against the jail or prison’s rules and regulations. Before your loved one will receive your care package, it will be thoroughly examined by an officer, and only approved items will be passed along. A simple and convenient alternative to creating your own inmate care packages is using a supplier. Companies like JPay and Access Sercurepak have tons of experience putting together inmate care packages. All you need to do is visit their website and order the one you want to have shipped to your loved one. Here’s a look at some of the best suppliers to use: One of the best places you can go to purchase a care package for an inmate is Access Catalog’s Access Securepak. Serving facilities in all 50 states, Access Securepak makes it extremely simple to go online and pick out the perfect care package for a loved one who is incarcerated. They partner with jails and prisons to ensure inmates are given safe and meaningful gifts, like food and snacks, personal hygiene products, electronics, and clothing. To see if the facility you are sending a package to is partnered with Access Securepak, visit their website and input your state. Then, choose a program, create an account, and begin shopping for the perfect care package. All items available abide by the facility’s rules and regulations for incoming shipments, so they do not have to be scanned and dug through upon arriving at the facility. Loved ones pay for everything on the website. Mycarepack.com is another inmate care package supplier that partners with jails and prisons to provide inmates safe and secure gifts from loved ones. Similar to Access Securepak, you will visit the MyCarePack website, input the state and facility where the inmate is located, and select your items. After putting together the inmate’s care package online, you will select the inmate’s information so you know it will be delivered to the right person. MyCarePack allows you to select items like candy, clothing, coffee, condiments, drinks, food, personal hygiene materials, pre-stamped envelopes, phone cards, medicine, and other snacks. JPay is a company that partners with jails and prisons to provide inmate services like money transfer, email, video visitation, music, and education. So while they do not offer traditional inmate care packages with snacks and magazines, they give friends and family of inmates a way to connect with them and show their support electronically. JPay has kiosks set up in the facilities they partner with so inmates can login and send emails to their loved ones, view photos, and view/send videograms. Inmates and loved ones can also do “video visitation” through JPay’s kiosks, which are typically 30-minute sessions to video chat with family members or friends that live far away or are not able to come to in-person visitation at the jail. All services are conveniently paid for through JPay’s online portal.   To learn more about getting in touch with someone in jail, here’s a look at our guide on the Best Way To Find Someone In Jail For Free. "
What Is The Role Of A Defense Attorney?,"In the U.S. justice system, everyone is entitled to a vigorous legal defense. In most cases, this defense is headed up by an experienced defense attorney. However, many people don’t really know what a defense attorney does. A defense attorney represents a defendant in court proceedings. They most often appear in criminal court when the defendant has been accused of committing a crime like a burglary or murder. Whether the charges against the defendant are a misdemeanor or a major felony, they are entitled to vigorous legal defense, and it is the job of the defense attorney to provide this. Most legal matters that are handled by defense attorneys begin months before the trial date. Their services may be engaged to protect the rights of a person who has not yet been charged with a crime, but suspects that they may be charged soon. This way, the defense attorney can be present for any interviews with law enforcement and can instruct their client regarding which questions should or should not be answered. Defense attorneys may themselves become deeply involved in the investigative process as they begin reviewing evidence and search for further documents or other items that might support the innocence of their client. Moreover, the defense attorney may move to have the charges against their client dropped if insufficient evidence of their guilt comes to light or if the manner in which the investigation was conducted is called into question. A defense attorney provides other services like: A plea bargain often means that the client gets reduced charges and therefore a lighter sentence than they might if the matter had proceeded to trial. When negotiations and plea bargains fail, the defense attorney prepares to represent their client in court. Utilizing deposition transcripts and the evidence, the defense attorney builds a strategy to protect their client’s rights. The prosecution is responsible for proving to a jury that the defendant is guilty beyond a reasonable doubt. While the defense does not have the burden of proving their client’s innocence, they are free to present evidence that shows their client’s innocence or that could cast doubt of the client’s guilt in the minds of the jury. "
How To Obtain Medical Records Of A Deceased Relative,"Federal law strictly protects medical records for each individual in the U.S. The Health Insurance Portability and Accountability Act, or HIPAA ensures that intensely private information cannot be misused or improperly shared. A person’s right to privacy under HIPAA extends until 50 years after their death. However, sometimes relatives need access to the deceased person’s medical records. The information contained in these records may be useful when it comes to predicting what sorts of hereditary ailments the patient and their doctor need to be aware of. There are essentially two methods for obtaining these records. When someone passes away and leaves behind a will, the document typically appoints a personal representative or an executor for the estate. The right to access personal medical records passes from the individual to the executor after their death. State laws, operating within overall HIPAA guidelines, largely determine precisely how medical records may be obtained. Usually, the personal representative or executor must submit pertinent documents such as: Some states may require filling out and submitting forms. Medical records can usually be obtained through state or county government offices or even through the hospital. Individuals other than the personal representative or executor may ask that person to obtain copies for them. If a person dies without having made a will, most states recognize their nearest surviving relative as their personal representative or executor, this may be a:   Depending on the state’s practices, this person may need to go through extra steps in order to obtain access to their deceased relative’s medical records. Once again, county and state health departments can be helpful in this quest. The hospital where the relative passed away may also be able to offer assistance. Physicians and other health care practitioners have long been aware that knowing a relative’s medical history can be enormously informative as far as the care of their patients. Accordingly, a doctor may make a request for medical records on another individual. HIPAA rules do not require that a physician be authorized by the estate to do so. Since doctors must already possess sophisticated knowledge of the applicable privacy laws, HIPAA permits access to medical records for appropriate purposes. You can also have a look at How to transfer a car title when the owner is deceased. "
How to Get Money Back from an Internet Scam,"Internet fraud and online scams are just two of the ugly downsides of the Information Age. The advent of the Internet has impacted just about every facet of life, and crime has not been left out. Fraudsters, scammers and flimflam artists are constantly prowling in cyberspace; in the United Kingdom alone, statistics related to Internet crime reveal that more than $25 billion were lost to online scams in 2012. According to the Internet Crime Complaint Center (IC3), recovering money lost to an Internet scam can be extremely difficult, particularly when the funds have been sent overseas via commercial money transmitters such as Western Union. In essence, getting money back would require a reversal of the wire transfer, which is almost impossible when the funds have been claimed by the recipient. Not all Internet scams involve wiring money overseas. In fact, most instances of online fraud are perpetrated by offenders who pose as legitimate merchants. Acts of deceptive trade and fraudulent commerce fall under the purview of consumer protection and law enforcement agencies at the state and federal levels; this means that consumers can get relief in some situations. Filing Consumer Complaints One common Internet scam consists of perpetrators offering goods or services that they do not intend to deliver. For example, a person interested in buying auto parts for a Toyota truck may complete an online transaction using a credit card; if the parts are never shipped, the buyer can take the following steps: – Identify the purchase by collecting all available evidence. This would include receipts of the transaction, credit card statements, messages sent to the merchant, a screenshot of the website, etc. – If the alleged scammer claims to operate within the same state as the buyer, the attorney general’s office may be able to help through its own consumer protection task force or agency. This would entail filing a complaint and providing the agency with the evidence collected. A joint effort between law enforcement, prosecutors and the courts may lead to a judicial order to recover funds held by scammers for the purpose of returning them to victims. In some cases, consumers enjoy added protection when they use their credit cards. The issuer may offer assistance with the investigation or they may reimburse the cardholder with some of the funds lost. Some companies even offer additional insurance for cardholders who pay a monthly fee. "
What Is Gender Inequality In The Workplace?,"Gender inequality, which is sometimes called sex discrimination, means receiving unequal treatment based solely on gender. Women are most commonly the subject of gender inequality in the workplace. Despite decades of reform, statistics suggest that for every dollar a man earns a woman in a similar job earns just 77 cents. Clearly, there are still improvements to be made. Understanding gender inequality is a step toward eliminating it from the modern workplace. Unequal Rather than Just Different To be considered genuine gender inequality, a person must be treated unequally based upon their sex, rather than just being treated differently. As an example, providing separate bathrooms for each sex is not a policy of gender inequality. However, if that same employer made hiring or salary decisions based on the worker’s gender, then this would constitute gender inequality. Employers are also legally forbidden to discriminate against pregnant workers. As a temporary medical condition, pregnancy and childbirth should be treated like other illnesses without adversely affecting the employee’s chances of being promoted or remaining employed. Sexual Harassment Harassment can be seen as another form of gender inequality in the workplace. Offering a bonus in exchange for sexual favors, making off color jokes or engaging in unwanted advances are all examples of harassment. Once again, such behaviors are prohibited by law, but harassment against both sexes still occurs regularly. The Civil Rights Act of 1964 This was a groundbreaking piece of legislation that prohibited employers from making hiring, firing, salary and promotion decisions based on gender. Title VII of the act offers protection from gender inequality in the workplace and from sexual harassment. Under Title VII, employers also are not permitted to retaliate against employees who make allegations of gender inequality in the workplace. The Equal Pay Act of 1963 Another important piece of legislation that helps to protect workers from gender inequality, the Equal Pay Act forbids employers from making salary decisions based on gender. Workers who have the same job title, perform the job with the same skill level and are similarly productive should not be paid different wages simply because one is a man and one is a woman. The Equal Employment Opportunity Commission One of the Commission’s goals to is to eradicate gender inequality from the workplace. Accordingly, they are tasked with enforcing discrimination laws. The EEOC is often the first place an employee goes with a gender inequality complaint. "
How To Prove A Parent Unfit In Child Custody Cases,"Child custody can be one of the most divisive components of any divorce. This is particularly true when one parent believes that the other parent is unfit. In most jurisdictions the judge will try to determine the custody arrangement that is in the best interest of the child. This may mean that you will have to prove that the other parent is unfit for sole or joint custody. Presenting Your Case Many judges dislike parents bashing each other in the courtroom. As a general rule, it’s advisable for you to focus on why you are the better parent. For example, you might be prepared to demonstrate the predictability of your child’s schedule and provide proof about nutritious eating habits and enriching extracurricular activities. Evidence such as this can help to convince the court that you are the better parent. Focusing on your parenting skills is a wonderful way to gain the sympathy of the court. Knowing the Law Child custody laws vary widely. Accordingly, it’s in your best interests to be familiar with your state’s laws. The best way to do this is by hiring legal counsel to represent you. Your lawyer is your ally and can help you take the steps necessary to prove that the other parent is unfit. Gather Evidence It’s likely that you’ll need more than your own testimony to prove that the other parent is unfit. Official records that detail the other parent’s criminal history, substance abuse or pattern of domestic violence can be invaluable. Photographs, correspondence and audio or video files are also admissible forms of evidence. You may be able to establish that the other parent’s home is unsuitable, such as if the child is exposed to dangerous objects or situations. Even the neighborhood where the other parent lives may be a factor. If it’s a neighborhood with a notoriously high crime rate, the judge may decide that the child is better off not spending time there. Get Help from a Psychologist In custody cases you may be able to ask the judge to have the other parent evaluated by a psychologist. This can be revealing, and while it is not necessarily conclusive, it can offer the court insight into the other parent’s state of mind. You may also ask to have your child evaluated by a psychologist as this may help to determine what their relationship with the other parent is like. "
How To Deduct Professional Association Dues From Taxes,"Employment related professional association dues or fees are allowable as tax deductions if they meet the guidelines established by the IRS (Internal Revenue Service). You must know how the dues will be utilized by the association to calculate what portion of the dues can be a tax deduction. Fees paid for professional associations or memberships are classified as miscellaneous deductions. This means that only the amount of those dues or fees paid which exceed 2 percent of your adjusted gross income can us listed as a tax deduction. Additionally, the dues or fees must meet the IRS classification of an ordinary and necessary expense to be a deduction. <strong>Utilization of Professional Association Dues</strong>
Any portion of the membership dues that are used for the funding of social events, for recruitment of new members, for lobbying or for political contributions cannot be taken as a tax deduction. You can get an itemized listing from the association on how your dues were used. Total the amount of the funds that are used by the association to assist you in your professional career and subtract 2 percent of your adjusted gross income. If the balance is more than zero, you will list this amount on Schedule A of tax Form 1040. You do not have to submit your receipts with your taxes, but need to keep them in the event that you are audited. <strong>Ordinary and Necessary Professional Association Dues</strong>
Professional associations are those organizations directly related to your ability to earn income. When being a member of a professional organization will assist or enhance your career or income capability, it may be partially or wholly deductible. These organizations include professional boards, trade boards, real estate associations, chambers of commerce, bar associations, and professional leagues. If your employer requires you to have membership in an association as a condition for employment and does not reimburse your costs, those dues or fees are tax deductions. If you are required to have any medical examinations or tests to qualify for membership and your employer does not reimburse you, those costs are also tax deductible. If you have paid for membership in any professional or trade association and are not clear on whether all or some of the fees are tax deductible, you can always seek the advice of a tax professional. Everyone who earns an income must pay taxes and everyone is entitled to reduce the amount owed by all legally allowable deductions. "
How Does A Restricted License Work?,"A normal driver’s license allows people to operate a vehicle at any time to visit any locations with any passengers they see fit. A restricted license offers much more limited driving rights or privileges. This is how a restricted license works. “Special Categories for Licenses” All just laws are supposed to apply equally to all parties. In order to create special driving categories, there must be a reason for not believing that an individual can adhere to the same standards as a normal motor vehicle operator. The primary two reasons for a conditional permit or restricted license are 1) underage status or 2) commission of a crime. Before the age of adulthood (18 in most states) most teenagers can qualify for a conditional use permit (CUP) or conditional driving permit (CDP). Depending upon the state, the teenage may not have passengers or drive at certain hours. These restrictions are removed upon becoming an adult. “Moving Violation or Controlled Substance Influence” Each state has its own driving under the influence (DUI) or driving while intoxicated (DWI) laws. Typically, a repeat offender with a certain number of violations over a certain period of time could receive a license suspension. Some states may confiscate the automobile, require restrictive plates or install a breathalyzer key ignition system. But as the government attempts to “reintroduce” an offender back into regular society, the government must gradually allow a driver to perform necessary travel. Normal actions like buying groceries, picking up a child or getting to work may qualify a driver for a restricted license. An applicant can claim “hardship” to a court meaning that the “inability to drive creates an undue hardship making it impossible for the individual to live a real life.” In these hardship cases, the courts will allow for an individual, convicted of a serious moving violation (alcohol or drugs), to receive a restricted license detailing what can and cannot be done. There are many names given to these licenses: occupational, work, hardship or Cinderella to name a few. Traveling to school or observing a religious service might also be acceptable functions under said license. “Some Courts Require Fulfillment of Rehabilitation Program” The court might also require an individual to complete a drug rehabilitation treatment program or perform community service. The restricted license could allow the individual to drive to and from these court-mandated appointments. "
What Are The Consequences Of Cyberbullying?,"The development of the Internet and the widespread use of social media has given the schoolyard bully a new weapon to use against a victim. Unlike face-to-face taunting, threats, intimidation, and injury associated with bullying, cyberbullying can be more traumatic for a victim because it can be viewed by more people. Once posted online, the threats and taunts frequently cannot be removed, making the consequences of cyberbullying that much more devastating for the victim. According to the American Psychological Association, bullying involves aggressive behavior intended to cause another person to suffer injury or discomfort. Those engaging in such conduct repeatedly use words, actions, or direct physical contact with the victim to achieve their intended goal. Cyberbullying uses such electronic technology as computers, tablets, and cell phones to access social media, websites, text messages, and chat rooms where the offender can attack the victim. Commonly used methods of cyberbullying include: • Derogatory or threatening emails and text messages
• Using social media sites to spread rumors
• Posting embarrassing pictures or videos of the victim
• Creating fake profiles to post false or damaging information The potential harm done by cyberbullying can be greater than with other forms of bullying. The number of people that a cyberbully can reach is so much greater than with traditional forms of bullying, that might be witnessed by the victim and only a few people if any. Social media sites make it easy for a cyberbully anonymously post derogatory information that reaches a wide audience with little risk of it being traced back to its source. Victims of cyberbullying are more likely than their peers to abuse alcohol and drugs, have physical and emotional health issues, and may suffer from low self-esteem. Poor grades in school is another consequence of cyberbullying that can also be accompanied by an attempt by the victim to avoid other children by refusing to go to school. Efforts by state and federal lawmakers to stop cyberbullying by making it a criminal act have met with legal challenges. A cyberbullying law in New York was recently ruled to be unconstitutional on freedom of speech grounds. Fourteen states impose criminal penalties including jail and fines on individuals convicted of cyberbullying. Penalties can range up to $2,500 in fines and up to a year in jail. Laws in most states require school districts to establish policies against bullying. Penalties usually involve the suspension of a child from school. Thinking of defamation of character? You can also have a look at how do you prove defamation of character claim? "
How To Locate Someone Who Has Been Arrested,"When someone is missing, family and friends will be quite concerned. Authorities have realized that a key element of the law must be to notify the public of the location of someone arrested. Here is how to locate someone who has been arrested. Under the United States Constitution “Bill of Rights,” the concept of the “Writ of Habeas Corpus” was re-affirmed. The “Writ of Habeas Corpus” requires that a “Letter of Physical Custody of a Body” be published by the government stating the charges and whereabouts of citizens in its custody. When a police officer arrests a man or woman, an arrest report is created. Since most squad cars have computers, this information can be sent directly to the station. At the police station, the accused will go through booking, which entails the collection of: After booking, the accused will be officially taken into custody at a jail. Once booked and taken into custody, the individual will be logged into the prison system database. From the point of arrest, the government has 24 to 48 hours to bring the accused before a judge and file formal charges. For minor offenses, bail is set at the time of arrest, for felonies, the judge might set bail. A concerned family member can visit the local government website to look for the person by name and address under Arrests and Bail. Someone will know the exact date and time of booking in the city, county, or state jail. At the preliminary hearing, the government must bring the accused before a judge and make formal charges. Best Way to Find Someone in Jail for Free If all else fails, check with a local bail bondsman; they know the ins-and-outs of the system. Many of these shops are open 24/7/365 and located near the jailhouse. It is their job to collect bail money to allow people to leave jail as quickly as possible. For minor offenses, once booked into the jail system, the accused can bail out by offering a bond to guarantee his return for hearings and trial. Under the law, someone should not be punished with jail time before he is legally convicted of a crime. "
Life-Changing Privileges Of Turning 18,"In a teenager’s eyes, turning 18-years-old is the ultimate dream, but for parents, it can be their worst nightmare. From letting go of the reigns to accepting their child is growing up, the transition into adulthood is never an easy one. But, from a legal perspective, turning 18 is more than a right of passage or a reason to throw a giant party. In most states, the age of 18 is when a person is officially and legally viewed as an adult, which includes the ability to enjoy certain rights along with the requirement to fulfill certain duties. Here’s an overview of the privileges of turning 18: A minor (juvenile or child) is under the protection of parents for the necessities of food, clothing, and shelter. Also, the parents are the legal and financial guardians of the juvenile. If a minor shoplifts or breaks a window with a baseball, the parents are held legally responsible. The minor cannot be held to any contract. What is AGE OF REASON?   Each state is different when it comes to a concept like being able to move out. But in the United States, the age of 18 is when you legally become an adult. Before that age, you are a minor under the guardianship of your parents. Under the age of 18, states can dramatically restrict your driving privileges by prohibiting any passengers or driving at certain times of the day. When you turn 18, you now have a “fresh start” as an adult, so past transgressions won’t legally come back to haunt you. You can enter into contracts because they are now legally binding. This opens up a wide range of new activities you can engage in. Whether you know it or not, a child is not responsible for gambling losses. This is a form of a contract. Juveniles cannot qualify for legally binding contracts. Unless you are in a state that allows marriage before 18 years old or with a parent’s permission, you could not get hitched until you became a legal adult. In order to be legally married, you must be an adult who can have the authority to say “I do.” You can’t do that until you are 18 years old. At 18-years-old, you can now have “consensual sex” with a partner. The legal age of consent varies state by state, with some areas being as young as 16 years old. When you apply for a job, you must sign a tax form and contract. This is not legally binding until you are an adult. Thus, after 18, you can hold a job, get an apartment, buy stocks and purchase real estate. The government wants you to register for the Selective Service (military draft) when you turn 18. You are now legally required to serve your country. You can vote and because jury duty is based on your voting records, you also must serve in a jury of your peers. No more “juvy,” as the kids call it. If you commit a crime or misdemeanor as an 18-year-old, you will be tried as an adult and may spend time in jail or prison. Once you are a legal adult, you can go out on your own and sign a lease to rent. Finding your first place away from home is one of the most fun (and stressful) parts of adulthood – especially if you’re paying for rent yourself. Don’t want to get that cavity filled? It may be a bad choice, but it’s yours to make when you turn 18. Legally, you can decide when you go to the doctor and what kind of medical treatments you receive if you ever find yourself in the hospital. For the first time in your life, you can vote and have a say in the future of your country. Be sure to register to vote in time for the next election.   Of course, there are plenty more pros to becoming a legal adult, but these are a handful of the privileges of turning 18 that will impact your day-to-day life the most! Congrats on your newfound adulthood. "
How To Legally Change Your Middle Name,"When you are born, your parents name you. After you reach the age of adulthood, you have the consciousness to determine if your middle name truly suits you. Here is how to legally change your middle name. “Right to Change Your Name” Most states or counties will have a form specifically for name changes. Visit your government website and ask for a Name Change Form or Name Change Petition. Some states may require you to file several documents, for example an Attachment, Civil Case Cover Sheet or Decree Form. Make two copies of each of the required forms by downloading them from the government website or acquiring a physical paper copy from the courthouse itself. If your local government does not have an official form, you can make your own form. Make sure you have your birth certificate, credit report, driver’s license, state identification card, housing lease, utility bills, state tax returns and other documents showing your place of residence ready. Most states require you to live in a place for a certain amount of time to qualify for residency. Think about why you want to change your name. This might be due to a change in family, religious or career status. Many famous actors change their names to create more memorable brands. There may be a question concerning why you want to change your name. Submit the Name Change Form along with any accompanying documents to your state or county clerk. Expect to pay a filing fee. The court will schedule a hearing for any people who want to challenge your name change. “Judge Must Authorize” Once your hearing date is set, publish your intention to change your name and the hearing date in your local newspaper. This advertisement must run each week for several weeks to allow for public comment. The court might run a criminal background check on you. Bring all of your documents to the hearing, some character witnesses might help. During your hearing the judge will ask if anyone wants to challenge your name change. He may ask you why you want to change your name. Some of the forms you might need to sign in the presence of the judge, so make sure you check ahead-of-time. If the petition is accepted, the judge will issue a name change order to certify your new middle name. In the United States, more than 80 percent of married women choose to take the last name of their husband. Though most do so as soon after the wedding as they reasonably can, there are many who wait months or even years to make this decision. Regardless of the timing, in most states, women simply need to present a copy of their birth certificate, marriage license, and a picture I.D. to their local Social Security Administration office along with a completed application for a new Social Security card. A name change after a divorce is often even less complicated. The judge finalizing the divorce can include language on the divorce decree that restores the female’s name. She will then use that decree to obtain a new Social Security card and identification in her previous name. Both men and women may wish to change their names for a host of reasons. Sometimes they want to appear more professional or wish to distance themselves from difficult pasts. They may simply dislike their birth name or wish to legally change the spelling. No matter what the purpose for the name change may be, the path to legally change the name is generally the same. Laws differ from state to state, but most people who wish to change their names must start with filing a petition for change of name. This can be found through the state court. After the paperwork is completed, it is a good idea to have an attorney look over the paperwork to make sure it is filled out properly. Individuals should then make copies of their paperwork before submitting to the court clerk. A small fee is usually assessed at this time, which varies depending on location. Some areas will then require that the individual publicize their name change request in a local newspaper before a court hearing is scheduled. The judge will then decide if the name change is granted.   "
How To Disown A Relative,"Family relatives are defined as more than someone’s parents, siblings, and children. Family relatives also include grandparents, aunts, uncles, nieces, nephews, and cousins. Severing relations with adult family members, depending on the underlying reasons, may not require legal proceedings or the services of an attorney. However, when one of the interested parties is a minor, it is advisable to consult with a family law lawyer because legal paperwork and court hearings will be required. Disowning a relative is an action intended to terminate any connection with or responsibility for that family member. The following information describes the highlights of the informal and formal ways that an adult family member can disown a relative. An individual is an adult when he has reached the age of legal majority in his state. Adult independence, when a person is responsible for his own actions, varies from state to state and can range from 16 to 18 years of age. When there is no threat of physical or mental abuse and you are living with the person, or persons, you want to disown, you can move into a residence of your own and not let them know your address. You can cease all contact with the family member by refusing to accept any written or electronic communications. You need to notify the family member in writing that you are severing the family connection and no longer want any contact or communication with him. You can send the notification using certified mail. If you are being harassed or abused by a family member, you can terminate the relationship with the assistance of the legal system. A few available options are: to notify the relative in writing of your intention to sever your family ties; to obtain a restraining order to restrict his access to you; and to have a city or county official serve your relative with a Notice of No Trespass. If your relative violates a court order or notice, you can: To ensure that someone you disown cannot claim any inheritance from your estate, your will can exclude this person from having any part of your assets. When disowning your parents, you can name a guardian for your children to ensure that your parents will not gain control of your minor children. "
History of Dna Testing In Criminal Cases,"The scientific concept of DNA, Deoxyribonucleic Acid, as generic building blocks of all living things, has been studied for over 60 years. In 1985 a professor at the University of Leicester, Alec Jeffreys, was able to validate the uniqueness of personalized DNA material in each person’s skin, body fluids, blood, nails and hair. Outside of identical twins, no two people have the same DNA pattern. <strong>Crime Solving Before DNA</strong>
Law enforcement agencies and criminal evaluation laboratories welcomed the use of DNA technology as a major aid in being able to isolate alleged suspects with forensic evidence collected at crime scenes. Prior to the use of DNA, criminal identification relied heavily on fingerprints, shoe prints, blood, or other evidence that a suspect may have left behind during a crime. The older way of using evidence to solve crimes would often provide a potential population pool of possible suspects. <strong>Crime Solving With DNA</strong>
DNA testing is able to bring the pool of potential suspects down to one alleged offender or another member of the individual’s family who would have similar DNA. The process of matching a suspect’s DNA with DNA found at a crime scene has provided both law enforcement and court officials with a higher probability of convicting the criminal offenders. <strong>First Criminal Cases Using DNA</strong>
DNA was first used in a criminal case in England in 1986. DNA samples collected from the men living and working within the neighborhood of two rape and murder scenes resulted in two positive outcomes. The one man original convicted was proved to be innocent and the guilty criminal was caught. One year later, DNA was first used in a United States criminal case in Florida. The forensic evidence collected from a rape victim was positively matched to a suspect’s DNA and when presented in court, the suspect was found guilty of the crime. <strong>Forensic Benefits of DNA Usage</strong>
Unlike blood found at a crime scene, DNA material remains usable for an endless period of time. DNA technology is used on decomposed human remains to identify the victims. DNA is also used to reverse prior convictions when DNA was not available. A positive DNA match presents a likely probability for personal identification. However, a negative DNA match is a solid conclusion that the samples came from two separate individuals, http://legal-dictionary.thefreedictionary.com/Legal+History+of+DNA+Evidence. "
How To Get A Handicap Parking Permit,"Every person with a mobility problem knows the value of being able to park as close as possible to a store, medical facility or office building. Having a handicap parking permit lets individuals with qualifying medical conditions use those reserved handicap parking spaces that are closer to stores and buildings. Depending on the reason for the permit, handicap parking permits can be either permanent or temporary. Parking permits can be either a placard to be displayed in the front windshield area of a vehicle, a sticker to be placed on the outside of the vehicle, or a license plate. 
WHO MAY APPLY
In most cases, the individual with the medical condition is required to apply for the handicap parking permit. However, if a person’s medical condition does not allow this individual to do the driving, the person who will be driving for someone can apply for a permit and can only use the permit when the handicapped individual is in the vehicle. TYPE OF PERMIT: TEMPORARY OR PERMANENT
Temporary parking permits are issued to people who have short term disabilities with expectations of full recoveries. The parking permits will be placards to be displayed in the front windshield area. Permanent parking permits are issued to people who have medical conditions that are not expected to improve. The most typical medical conditions that qualify for a handicap parking permit are: impaired vision, the need for walking equipment such as a cane or a wheelchair, not having the full use of arms or legs, physical conditions that make walking painful such as arthritic conditions or back or leg deformities, the need to carry a breathing device, cardiac conditions, or a recovery period following a medical procedure or surgery. HOW TO APPLY
The applicant fills out the required form and, depending on the state, files the application electronically using a credit or debit card for any fees or mails the application with a check for any fees. The majority of the states will require a medical professional to either fill out a portion of the application or provide a written description of the applicant’s disability. WHERE TO APPLY
Every state has a process to determine if someone qualifies for a handicap parking permit and it is generally handled by the Department of Motor Vehicles (DMV) or the County Tax Office. The website www.dmv.org/disabled-drivers.php provides a state-by-state listing of where to apply, how to apply and what fees may apply. "
Role Of The Correctional System,"The correctional system serves several functions in America. The system itself consists of various government agencies that are tasked with the responsibility of protecting the populace from dangerous individuals. This is achieved through a number of means, such as imprisonment and probation. Here are a few roles of the correctional system: The correctional system is designed to keep society at large safe by separating them from individuals who have committed crimes. This is brought about by incarcerating the convicted criminal in a jail or prison. More recently, a growing number of those who are convicted of crimes of a less serious nature are sentenced to an in house incarceration. In this form of punishment, the guilty party remains in his own home but is confined there through means of an electronic device. The guiding hallmark of the correctional system is the punishment of wrongdoers. Those who are found guilty of a crime may be subjected to a variety of punishments. These include: The function of punishment is largely a means of ensuring that the convicted individual pays some sort of price for their crime. The loss of freedom and self-determination are aimed at discouraging the individual from offending again. However, punishments also serve a secondary purpose. They are meant to deter individuals from entering a life of crime. The individual who understands the severity of the potential consequences may be dissuaded from committing a crime. Nonetheless, the knowledge that an extended prison term or death sentence may be on the line does not always keep an individual from crime. For people who are convicted in juvenile court, the main focus of the correctional system is rehabilitation. The courts feel that these young offenders deserve a second chance to become a contributing member of society. Thus, the juvenile justice system focuses heavily on rehabilitation that is designed to redirect the young offender toward education and employment while at the same time informing them about the importance of avoiding the adult correctional system. Three Types of Rehabilitation for Offenders In recent years, there has been increasing focus on the rehabilitation of adult inmates. This movement is largely based on the high rate of repeat offenders who have been punished for similar crimes in the past. Efforts at rehabilitation may include high school completion programs, access to college education, and training for a vocation. Some inmates also receive psychological counseling and drug abuse treatment. "
How To Get Child Support Payments,"Whether a child is a biological relation to its parents or is adopted by them, he or she is entitled to monetary support. Usually, it is the responsibility of the non-custodial parent to provide child support. The penalties for not paying child support can be severe, so it is important to keep up with this obligation. Court Ordered Child Support Child support is often ordered by the judge in family court. The child support order may come about as the result of a divorce or child custody hearing. Typically, the custodial parent must file a petition for child support. The non-custodial parent may dispute the petition, but most courts take parental responsibility very seriously. This means that most non-custodial parents will be ordered, and therefore legally obligated, to make child support payments unless the custodial parent waives their right to such support. Enforcing a Child Support Order While the court may have made the non-custodial parent legally obligated to pay child support, many of these parents find ways to avoid the payments. Child Support Enforcement agencies in each state can help the custodial parent to track down the parent who owes them child support. Moreover, these agencies often employ attorneys who can represent the custodial parent in court and file the appropriate paperwork to ensure that child support payments are made. Typical Enforcement Practices The court may begin garnishing the wages of the non-custodial parent who is not making child support payments. This even works on unemployment benefits should the non-custodial parent not be working at the time. The parent who owes a great deal of back support payments and owns assets may find that this property, such as a home or a car, is seized to help cover the cost of child support. Entrepreneurs or licensed professionals may be further penalized for refusing to pay. In some cases, business or professional licenses may be revoked for non-payment of child support. Courts are usually reluctant to take this drastic step, as the loss of a license seriously impairs the parent’s ability to earn money that could be used to pay child support. Non-custodial parents who owe child support and are due to receive a federal or state tax refund may find that the money is seized to make back payments. Additional penalties may include the revocation of a driver’s license or refusal by the federal government to issue a passport. "
Dealing with Defamation of Character,"Unfortunately, defamation of character claims are extremely difficult to prove in the court. As the plaintiff (the accusing), the burden of proof falls on you to prove the defendant (the accused) did what you’re claiming. Additionally, slandering is considered a “tort“, which is a civil wrong, rather than a criminal one. But before we can talk about how to move forward with a defamation case, we need to understand what defamation is. At its core, defamation is a catch-all term used to describe a statement that unjustly hurts someone’s reputation. Libel is the written form of a statement that hurts someone’s reputation while slander is the spoken form, but with the advent of the internet, things can get a little more complicated than that. This type of defamation refers to a defamatory statement or representation made in a printed or fixed format. It can involve text, pictures, or both. For example, a photograph used out of context can constitute libel. Moreover, the person publishing the statements or photographs must do so knowing that they are presenting false information. When one person verbally makes a defamatory statement or, occasionally, hand gestures and facial expressions can be considered libel. The words or physical actions must somehow undermine the reputation of the accused. Again, the person making the slanderous statement must know that they are spreading false information. The First Amendment (freedom of speech) does not protect slander or libel. Individuals possess a right not to be subjected to falsehoods that impugn their character, so slander cannot be protected. But with the first amendment being the most vigorously protected amendment, there are some grey areas and ethical implications of defamatory statements – protected or not. Additionally, the first amendment does not protect things that may lead to criminal acts or endanger public safety. Saying something that could cause public panic, like the classic “There’s a fire!” in a movie theater, is not protected by free speech laws. Likewise, inciting another person or group to commit a crime is also not protected by the First Amendment. Similarly, the First Amendment does not allow for sedition, which is speech that advocates for the violent overthrow of the government or committing crimes against the government. First of all, you have to prove the statement was an intentional misrepresentation or lie. With slander (verbal defamation,) things get a little tricker. Of course, a key portion is that you have to prove – beyond a reasonable doubt – that this person actually said what you’re claiming they said. The trickiest part for libel lies in the second portion: proving that the defamatory statement was intended with actual malice. An untrue statement, to be considered defamatory, needs to be said with the intentional misrepresentation of facts with the intention to cause you harm. IE: The person needs to be knowingly lying while knowing this lie will cause you harm.   Most lawyers will tell you this is the most challenging part of the process. First, understand that there is a clear difference between a statement having the potential to cause you harm and a statement actually causing you harm. It is only considered defamation of character if the statement has caused you harm already, not if it has the potential to cause you harm. This is a tricky line to walk for the court and a frustrating one for many people who are looking to prevent damage. But the court cannot act on something that might happen unless there’s proof that something has already happened. IE: if you’ve already seen negative effects, you’ll likely see more if this went unchecked. If you haven’t, there’s a chance you may never see any negatives as a result of the slander or libel. In order to win the claim, you are going to need to prove that the false statement has ruined your reputation. If you are a business owner, for example, you would need to prove how the statement has had a devastating impact on your business. If you are the only one who knows about this lie, it doesn’t count as slander, libel, or defamation since it can’t hurt your reputation. Unless there’s the threat to release this information, which would count as blackmail. The interesting thing to note about publication is that it’s not in the modern context, where it’s been published. It just means that it was done in a way where other people heard, saw, read, or otherwise came across this harmful lie about you. IE: it was public in some way where a third party was exposed to the statement. This could be untrue and damaging images, articles, emails, or other written communication that was shared with more people than just yourself (libel.) Or it could be gestures, spoken words, or something else not otherwise in a tangible form that was done in front of – or towards – other people about you (slander.) On top of this, the statement must also be considered “unprivileged.” Since free speech and defamatory cases seem to be on conflicting sides of the constitution, the court decided to protect certain scenarios and interactions from being brought to court on defamation suits. These protected scenarios and interactions are called “privileged.” They include scenarios in which false statements can cause you harm, such as witnesses who falsely testify. Most lawmakers also fall into this “privileged” bucket in the legislative chambers and in official documents and material. That’s not to say that these statements can’t face legal action, just that “privileged” statements cannot be considered defamatory. Even if they are otherwise. Fortunately, unprivileged statements cover the majority of defamatory statements. These are the kinds of statements that are made in everyday life, online, and outside of the courtrooms and chambers.   When libelous and slanderous statements are made in public, the affected party should seek a retraction before filing a complaint in court. If there is evidence of the alleged defamer refusing to retract the statements, it would be easier to win the case in court. But what does “winning” a defamation case look like? For compensation, the court must decide on the amount of “reasonable of injury.” For example, if a politician feels defamed by statements that attempt to connect her with criminal organizations, the court will consider that people in the public eye should expect that sort of circumstance. This damage would likely be considered lesser – if damaging at all. In most cases involving defamation of character, the court will seek a resolution that is both uncomplicated and respectful of the First Amendment. This could mean accepting a retraction from the respondent published in the newspaper of record. If you think you have a case and would like to take action, we have some articles and resources to help you take the next steps: In 2017, actress Rebel Wilson was in a defamation of character case. After the release of the hit movie she co-starred in, Pitch Perfect 2, a media company (Bauer Media) published several articles about her. They stated she was “a serial liar” and “fabricated almost every aspect of her life.” Bauer Media continued to accuse her of lying about her “age, upbringing and the origin of her name,” according to The Washington Post. Because of the blatant dishonesty of these statements, Wilson was able to easily prove they were untrue. However, proving Bauer Media had the intention of causing her harm, as well as proving that they actually caused her harm was less black-and-white. Wilson stated that the claims not only hurt her reputation but caused her to be overlooked for acting roles and lost her money. After uncovering the source of the false information, it was brought to the court’s attention that the source was paid and had a grudge against Wilson. It was also discovered that the claims were intentionally published around the same time Pitch Perfect 2 was released to attract timely attention. Wilson was awarded more than $3 million in damages. On the day of the verdict, she Tweeted, “Today was the end of a long and hard court battle against Bauer Media who viciously tried to take me down with a series of false articles.” You can also have a look at how to prove workplace discrimination. "
Criminal Penalties for Email Hacking,"Email hacking is one of the most common instances of cybercrime these days, and it is one of the most severely penalized. Depending on the circumstances of the offense, the nature of the charges in some jurisdictions and the intent of the prosecution, the unauthorized access of email accounts can be handled as a misdemeanor or a felony with additional civil liabilities. In other words, criminal penalties for email hacking can be severe. Law enforcement investigators and prosecutors these days are focusing on motivation and intent in relation to computer crimes. For example, the unauthorized access of a computer network as a prank may be considered a class B misdemeanor in Connecticut; this means that a defendant could face up to six months in jail and a $1,000 fine, which could be reduced to a term of probation. In the same state, however, a third-degree computer crime that causes more than $1,000 in damage could lead to five years in prison. In the United States federal justice system, an email hacker may face the following criminal charges: Computer fraud
Identity theft
Wire fraud
Obstruction of justice It is important to remember that certain charges that may seem ancillary to the case can actually be crucial; for example, an email hacker that tries to erase his or her tracks may have a hard time trying to disprove the obstruction of justice charge.   Penalties For Food Stamp Fraud
 In addition to facing prison time, monetary fines, and terms of probation, individuals charged with email hacking may also have to deal with civil lawsuits. In California, for example, an individual who accesses an unprotected or poorly secured email account without actually deleting or altering data may be able to reduce the charges down to invasion of privacy for the purpose of avoiding a prison sentence. This does not clear the individual from being pursued as a respondent in a civil lawsuit filed by the owner of the account or network hacked. Computer crimes and unauthorized use of networks may prompt a plaintiff to ask for relief from actual damages, court costs, and attorney’s fees. If the court finds that the respondent acted maliciously, the amount of the monetary award to the plaintiff could be tripled. "
How To Download Movies Legally,"When it comes to downloading movies from the Internet, most users think that they are limited to monthly subscriptions from video streaming services, using a peer-to-peer (P2P) file sharing client or clicking on dubious links that promise unlimited downloads of feature films without having to pay anything. The problem with the last two options is that they are more than likely illegal and often fraught with peril for the average Internet user. P2P clients such as Ares, uTorrent and Popcorn Time can be used to share just about any kind of digital files, but the most commonly transferred files happen to be popular films. In most cases, the copyright holders of the films have not given permission to share digital versions of their works, and thus transferring these movies over P2P networks is illegal. In the case of banner ads or links that promise free access to an online catalog of feature films available for direct download, many Internet users have been surprised with spam or malware being unwittingly installed in their desktop or portable computers. How to Find Legal Movie Downloads It is estimated that a small portion of movies shared on P2P networks are on the public domain, which means that they can be legally downloaded. A handful of elements determine if a movie is in the public domain and therefore common property. A film’s copyright will expire after 75 years; if not extended, it enters the public domain. In other situations, the copyright holder may decide to make his or her film freely available for digital distribution, which means that it can be downloaded for free, but not necessarily shared with a third party. Various websites are now dedicated to cataloging public domain films that can be downloaded via P2P clients. These websites can be found through Internet search. Streaming Video Services In the 21st century, streaming services such as Hulu and Netflix have gained popularity due to their extensive digital movie catalogs and premium television series such as Mad Men and The Sopranos. Competing services include Crackle, Amazon, Apple TV, Viewster, and others. These are all legal options for viewing online video content. Most streaming video services charge a very reasonable subscription fee, and they may impose certain restrictions such as viewing limits and geographical locations. Hulu is notable for restricting a good portion of its content to viewers in the United States, and even American users are subjected to tons of advertising unless they agree to pay a subscription fee. "
How To Calculate BAC,"Scenario:  A driver has had a few beers or even just a couple of glasses of wine over dinner with friends.  While driving elsewhere, even on the way home, for whatever reason, bright colored lights, a “wooo, wooo” of a siren, and the driver realizes that it is a police cruiser behind that is doing this.  The police officer obviously wants the driver to pull it over and stop.  Something occurred, just not sure what.  The driver does so and shuts off the car. The police officer approaches the driver’s window, which is down because the driver knows that the police officer wants to have some type of conversation with the driver.  The police officer proceeds to tell the driver that the reason for pulling the driver over is that the car appeared to be weaving or the driver changed lanes without signaling or took a corner without signaling or whatever.  The police officer asks the driver if the driver has been drinking.  The driver says two half-glasses of wine were consumed with dinner and friends about two hours ago.  The officer asks the driver to step out of the vehicle and to do certain sobriety tests.  The officer then informs the driver that he or she is under arrest for driving while under the influence of alcohol.  The police officer handcuffs the driver, puts the driver in the back of the cruiser and it is off to the station. At the station the driver is search and told that a breathalyzer test is required.  The driver refuses.  Oops!  Wrong answer.  The driver is released under recognizance and told that a court appearance notification will be coming in the mail.  The driver is also told that the driver’s car is being impounded as the driver cannot drive the car further.  Startled, the driver asks the police officer why this is.  The officer informs the driver that because of the driver’s refusal to take the breathalyzer, the driver’s license is now automatically suspended for one year.  Now taken very aback, the driver asks somewhat irritably what the chaos is going on.  The officer, being a calm informative servant of the community, informs the driver that when the driver obtained a license and or renewal that one of the statements on the form was that by signing the application or renewal form the driver assents to taking a chemical blood alcohol test if the driver is ever stopped for suspicion of driving while under the influence of alcohol or drugs.  Dumbfounded, the driver is now left to find a ride home, to get a lawyer, and to ponder how in chaos these events just unfolded. Every state in the United States now has a law that is called the “implied consent” law.  As the officer so ably described the situation above, each state now makes it mandatory to accept the implied consent condition or abstain from being licensed to drive.  While is seems like an encroachment on individual liberties, each individual does have the right to agree or to disagree.  The cost of signing and agreeing to the implied consent is to not drink before driving.  It does not matter now how long ago one had alcohol.  If the chaotic breathalyzer registers “guilty”, thou art guilty. "
How Does Libel Differ From Slander?,"Unfortunately, defamation of character claims are extremely difficult to prove in the court. As the plaintiff (the accusing), the burden of proof falls on you to prove the defendant (the accused) did what you’re claiming. Additionally, slandering is considered a “tort“, which is a civil wrong, rather than a criminal one. But before we can talk about how to move forward with a defamation case, we need to understand what defamation is. At its core, defamation is a catch-all term used to describe a statement that unjustly hurts someone’s reputation. Libel is the written form of a statement that hurts someone’s reputation while slander is the spoken form, but with the advent of the internet, things can get a little more complicated than that. This type of defamation refers to a defamatory statement or representation made in a printed or fixed format. It can involve text, pictures, or both. For example, a photograph used out of context can constitute libel. Moreover, the person publishing the statements or photographs must do so knowing that they are presenting false information. When one person verbally makes a defamatory statement or, occasionally, hand gestures and facial expressions can be considered libel. The words or physical actions must somehow undermine the reputation of the accused. Again, the person making the slanderous statement must know that they are spreading false information. The First Amendment (freedom of speech) does not protect slander or libel. Individuals possess a right not to be subjected to falsehoods that impugn their character, so slander cannot be protected. But with the first amendment being the most vigorously protected amendment, there are some grey areas and ethical implications of defamatory statements – protected or not. Additionally, the first amendment does not protect things that may lead to criminal acts or endanger public safety. Saying something that could cause public panic, like the classic “There’s a fire!” in a movie theater, is not protected by free speech laws. Likewise, inciting another person or group to commit a crime is also not protected by the First Amendment. Similarly, the First Amendment does not allow for sedition, which is speech that advocates for the violent overthrow of the government or committing crimes against the government. First of all, you have to prove the statement was an intentional misrepresentation or lie. With slander (verbal defamation,) things get a little tricker. Of course, a key portion is that you have to prove – beyond a reasonable doubt – that this person actually said what you’re claiming they said. The trickiest part for libel lies in the second portion: proving that the defamatory statement was intended with actual malice. An untrue statement, to be considered defamatory, needs to be said with the intentional misrepresentation of facts with the intention to cause you harm. IE: The person needs to be knowingly lying while knowing this lie will cause you harm.   Most lawyers will tell you this is the most challenging part of the process. First, understand that there is a clear difference between a statement having the potential to cause you harm and a statement actually causing you harm. It is only considered defamation of character if the statement has caused you harm already, not if it has the potential to cause you harm. This is a tricky line to walk for the court and a frustrating one for many people who are looking to prevent damage. But the court cannot act on something that might happen unless there’s proof that something has already happened. IE: if you’ve already seen negative effects, you’ll likely see more if this went unchecked. If you haven’t, there’s a chance you may never see any negatives as a result of the slander or libel. In order to win the claim, you are going to need to prove that the false statement has ruined your reputation. If you are a business owner, for example, you would need to prove how the statement has had a devastating impact on your business. If you are the only one who knows about this lie, it doesn’t count as slander, libel, or defamation since it can’t hurt your reputation. Unless there’s the threat to release this information, which would count as blackmail. The interesting thing to note about publication is that it’s not in the modern context, where it’s been published. It just means that it was done in a way where other people heard, saw, read, or otherwise came across this harmful lie about you. IE: it was public in some way where a third party was exposed to the statement. This could be untrue and damaging images, articles, emails, or other written communication that was shared with more people than just yourself (libel.) Or it could be gestures, spoken words, or something else not otherwise in a tangible form that was done in front of – or towards – other people about you (slander.) On top of this, the statement must also be considered “unprivileged.” Since free speech and defamatory cases seem to be on conflicting sides of the constitution, the court decided to protect certain scenarios and interactions from being brought to court on defamation suits. These protected scenarios and interactions are called “privileged.” They include scenarios in which false statements can cause you harm, such as witnesses who falsely testify. Most lawmakers also fall into this “privileged” bucket in the legislative chambers and in official documents and material. That’s not to say that these statements can’t face legal action, just that “privileged” statements cannot be considered defamatory. Even if they are otherwise. Fortunately, unprivileged statements cover the majority of defamatory statements. These are the kinds of statements that are made in everyday life, online, and outside of the courtrooms and chambers.   When libelous and slanderous statements are made in public, the affected party should seek a retraction before filing a complaint in court. If there is evidence of the alleged defamer refusing to retract the statements, it would be easier to win the case in court. But what does “winning” a defamation case look like? For compensation, the court must decide on the amount of “reasonable of injury.” For example, if a politician feels defamed by statements that attempt to connect her with criminal organizations, the court will consider that people in the public eye should expect that sort of circumstance. This damage would likely be considered lesser – if damaging at all. In most cases involving defamation of character, the court will seek a resolution that is both uncomplicated and respectful of the First Amendment. This could mean accepting a retraction from the respondent published in the newspaper of record. If you think you have a case and would like to take action, we have some articles and resources to help you take the next steps: In 2017, actress Rebel Wilson was in a defamation of character case. After the release of the hit movie she co-starred in, Pitch Perfect 2, a media company (Bauer Media) published several articles about her. They stated she was “a serial liar” and “fabricated almost every aspect of her life.” Bauer Media continued to accuse her of lying about her “age, upbringing and the origin of her name,” according to The Washington Post. Because of the blatant dishonesty of these statements, Wilson was able to easily prove they were untrue. However, proving Bauer Media had the intention of causing her harm, as well as proving that they actually caused her harm was less black-and-white. Wilson stated that the claims not only hurt her reputation but caused her to be overlooked for acting roles and lost her money. After uncovering the source of the false information, it was brought to the court’s attention that the source was paid and had a grudge against Wilson. It was also discovered that the claims were intentionally published around the same time Pitch Perfect 2 was released to attract timely attention. Wilson was awarded more than $3 million in damages. On the day of the verdict, she Tweeted, “Today was the end of a long and hard court battle against Bauer Media who viciously tried to take me down with a series of false articles.” You can also have a look at how to prove workplace discrimination. "
How To Write A Release To Allow Someone Else To Authorize Medical Care For Your Child,"It’s an uncertain world, and parents can’t be with their children constantly. As only a parent or legal guardian can make medical decisions for children, it may be necessary to create a release that allows another adult to make medical decisions in the absence of the parent. Doing so ensures that a minor can always get the medical attention they require. Fortunately, creating a release is simple. Once you’ve created a template, you can leave one with your child’s school, daycare, camp, or any other authorized caregivers. Be sure to update it periodically if information changes. Sample medical release forms can be found online. These can make the task quick and efficient, as you only have to fill out the pertinent information. However, since there is not a single acceptable format for medical releases you do not have to use a form. A simple statement that includes the relevant information is sufficient. Being the release by stating the names of the parents and the name and address of the individual who is authorized to obtain medical care for the child. For example, the statement may begin with, “We, John Doe and Jane Doe, hereby grant Mary Doe of 1234 Main Street, Anytown, OR 97205, the authority to obtain medical treatment for the following child or children.” What follows are the names and birthdates of any children covered by the release. Then the release stipulates the type of decisions and actions the recipient of the release is authorized to take. This statement doesn’t have to be particularly detailed. Simply noting that the recipient has authority to make decisions in a medical emergency is enough. If your child takes any medications, and you want to authorize the recipient of the release to administer those substances, you may also make note of this. Include: If your child has any specific medical concerns, it may be wise to mention them in the release. For instance, disclosing that your child has a peanut allergy can be immensely helpful. How to Give Temporary Guardianship of Your Child The release needs to be signed. Although it is not technically required, it may make sense to do this before a notary. Some hospitals may not honor a release that does not have notarized signatures. "
Penalties For Food Stamp Fraud,"Food stamp vouchers are an excellent option for families who are having a difficult time making ends meet. The vouchers are provided by the Supplemental Nutrition Assistance Program (SNAP) and are used in exchange for food at grocery stores and other participating retailers. Country-wide programs are put in place by the Food and Nutrition Service to ensure that local organizations and State agencies are equipped to help those in their community who are in need. SNAP benefits are housed on an electronic benefits transer (EBT) card, which functions the same way a debit card would. The amount of food stamps given depends upon the family’s situation. A household with more dependents and less income is generally entitled to a larger food stamp allowance. And as helpful as the SNAP program may be, it is taken advantage of in more ways than one. Below, we’ll take an in-depth look at these transgressions – the different types, how it is handled, and the penalties of food stamp fraud. What is food stamp fraud? When someone intentionally provides misleading information about the size of their household or the amount of their income on an application for food stamps, they may be guilty of food stamp fraud. And while this is the most common form of food stamp fraud, there are other examples that happen more often than you’d think. SNAP fraud can also take place through: While food stamp fraud does happen, it is getting harder and harder to get away with it. Tracking fraud and preventing it is a high priority for the government, and they are able to monitor fradulent activity through undercover investigations, regular audits, and retailer/buyer data. With technological advances, it is easier for the USDA to track suspicious behavior and catch those who commit food stamp fraud. But what are the penalties? The government agency responsible for the dispensation of food stamps may conduct an investigation if they receive information or suspect that someone is committing food stamp fraud. The investigation may include visits to the home of the family who is receiving assistance. It may also involve interviews with family and neighbors who can attest to the size of the household and any income sources. If the agency believes that food stamp fraud has been committed, then they have several steps available to them. The first of these is a disqualification hearing. During the hearing, the agency must prove that the individual intended to commit fraud. If they are successful at doing so, the person who wrongfully received food stamp assistance may become ineligible for such help for a specified period of time. Moreover, they may be required to repay any amounts received in excess of their rightful entitlement. It is also possible for the agency to pursue criminal charges at the misdemeanor or felony level. The ability to file criminal charges, and the penalties enforced, vary considerably between counties and states. Nonetheless, individuals who commit food stamp fraud may find themselves facing up to one year in jail and a substantial fine. For subsequent offenses, or for food stamp fraud involving larger dollar amounts, the accused may be facing up to five years in prison, several years of probation or an even bigger fine. The individual who would rather avoid both a hearing and a possible criminal charge may elect to waive the disqualification hearing. By doing so, the person is giving up benefits for a predetermined time period, and may also be required to pay back the overage they received. In these situations, it is typically best not to admit any wrongdoing, as this may leave the individual open for criminal prosecution. The advice of an attorney may be helpful when it comes to deciding which approach to take. If you are being charged of food stamp fraud, it is best to seek help from an experience fraud defense attorney. If you believe that someone is misusing their SNAP benefits or cheating the system as a retailer, there are options to report the crime. To report food stamp fraud (SNAP fraud), all you have to do is reach out to the USDA Food and Nutrition Service. You can file a complaint over the phone, through written mail, or with an online submission. For more direction, here’s a look at our guide on reporting food stamp fraud. If you are planning to apply for food stamps, or know of someone who here, check out the details of the SNAP application process. "
Qualifications To Become A Supreme Court Justice,"While the Constitution stipulates qualifications for being President of the United States, it is silent as to qualifications for Supreme Court justices. Nonetheless, several preferred qualifications to become a Supreme Court Justice have emerged over the long history of the court. When there is a vacancy on the court, it is the job of the President to nominate a suitable candidate. The Senate must vote to confirm the candidate. If a simple majority approves the choice, then there is a new Supreme Court Justice. However, confirmation is never a foregone conclusion. When the Senate does not vote in favor of a candidate, the President must supply another nominee. The Constitution does not say that a Justice must be American born, a certain age, or hold any particular profession before being selected. However, most Justices tend to begin their tenure while in their 40s or 50s and may remain with the court as long as they wish or until they are impeached for improper behavior. Most Supreme Court nominees are personal acquaintances of the sitting President. An overwhelming majority of them attended law school and worked as a lawyer or served as a judge prior to their nomination. In fact, in the long history of the court, most of the Justices held some kind of public office before being confirmed. Looking at the court’s history also reveals that where each Justice was educated is important. Most of the Justices, both past and present, attended either Harvard or Yale Law School. Many of the others were educated at Columbia, Northwestern, or another top tier law school. The court’s highest Justice, the Chief Justice, also is not required to have any specific qualifications. In fact, the Chief Justice isn’t even required to have served as an Associate Justice. For this position as well, an individual is nominated by the President when the Chief Justice’s seat becomes vacant. The Senate must confirm the President’s choice. It is only in more recent decades that candidates other than white, Protestant males were nominated for positions on the Supreme Court. The first African American Justice, Thurgood Marshall, began serving in 1967. The first female to serve was Justice Sandra Day O’Connor in 1981. It was not until the 21st century that a Latina, Justice Sonia Sotomayor, was selected for the Supreme Court. To learn more about the selection process, here’s a bit more detail on how a new Justice is chosen. "
How Long Can A Canadian Citizen Stay In The United States Without A Visa?,"Canada and the United States have long enjoyed a prosperous relationship as neighbors. The citizens of both countries may cross the border with relative ease. In most cases, a valid U.S. or Canadian passport is sufficient documentation to allow for crossing the border. In other instances, such as when a Canadian citizen is hoping to immigrate to the U.S., a Visa is required. Nonetheless, Canadians can stay in the U.S. for an extended period of time without a Visa. How Long Can a Canadian Citizen Stay in the U.S. With Just a Passport? A Canadian citizen may visit the U.S. for up to six months within a 12 month period without a Visa. This means that the Canadian may enter the U.S. for business or pleasure for a total of six months without needing any documentation other than a passport. However, they must leave at the end of the six months, and may not return until an additional six months have elapsed. If it looks like the Canadian citizen is spending much more time in the U.S. than in their homeland, American Customs and Border Patrol agents may grow suspicious that they are trying to emigrate. The Burden Is on the Canadian Citizen Canadian citizens must disclose the purpose of their visit to Customs and Border Patrol personnel as they cross the border. Canadians staying in the U.S. may make a request to change or extend their stay before the expiration of their already approved visit. If the visitor has decided that they will live, work or study in the U.S. on a more permanent basis, they must disclose this when they initially cross the border. Moreover, should the U.S. Customs and Border officer feel that the Canadian citizen is spending an inordinate amount of time in America, they may request proof that the Canadian is not a de-facto American citizen. This can be done through the demonstration of permanent ties to Canada. If a Canadian crossing over the border is concerned about getting a suspicious border agent, it may be helpful to have documents proving ongoing Canadian citizenship. A recent paystub, copies of utility bills, a tax return document or documents proving an intended date to return to Canada are all useful. These documents may not be necessary, but bringing them along can help the traveler to prove their intentions on the spot and can smooth the entry process. "
What Is Civil Court?,"Most courts in the United States are either civil or criminal. In criminal courts, people who have been accused of breaking a law are tried. Civil courts are where a plaintiff may sue a defendant. The manner in which a civil matter is tried, and the punishments that may result, is quite different from what happens in a criminal court. Types of Civil Cases In a civil suit, a plaintiff sues an individual or entity that they believe has harmed them. This could be a matter in family court like a divorce or custody hearing. It may also be an eviction or a matter where one person sues another because of injuries sustained in a car accident. Bankruptcy cases and lawsuits against debtors are also heard in civil court. Groups or individuals who believe that their civil rights have been violated may also sue in civil court. How Is a Civil Case Won? Most people are familiar with the term, “beyond a reasonable doubt.” However, that is a criminal court concept. Civil courts are concerned with a “preponderance of the evidence.” Essentially, it is up to each of the plaintiff and the defendant to prove that they have the stronger case through the presentation of evidence. Just because the plaintiff brings the suit does not guarantee victory. Decisions in civil court are made based solely on the evidence. Possible Civil Court Outcomes Unlike in criminal court where a guilty verdict likely means going to jail, the outcomes of civil matters are quite different. In civil lawsuits, the plaintiff asks for a form of relief, which may be either monetary or equitable. Monetary relief is asked for when a cash award can repair the damage suffered by the plaintiff. Monetary relief may include back pay for an employee who was wrongfully terminated. Another form of monetary relief is called compensatory damages. This is money paid to address non-economic harm like a damaged reputation or emotional distress. Punitive damages, designed to punish the defendant, may also be ordered. In many cases, the plaintiff may also ask that the defendant pay their attorney’s fees. Equitable relief concerns asking the other party to either perform an act or to refrain from performing an act. Being granted equitable relief may mean that the other party must abide by the terms of a contract. Usually, equitable relief is granted only when monetary relief is inadequate compensation. "
Duties And Responsibilities Of A Mayor,"The duties and responsibilities of a mayor can vary significantly depending upon the city that elects them. In some cities, the mayor primarily has a ceremonial role while in others he is responsible for myriad administrative, legislative, and operational tasks. Regardless, the office of the mayor is frequently a coveted one, and many people are anxious to fulfill these duties in their community. This type of mayor is often found in cities where the government is structured as a council-manager system or as a council-weak mayor system. This governing style is often found in smaller towns and cities. With this power structure the council, which is essentially a panel of citizens who are responsible for most administrative and operational procedures, wields the most influence. The mayor is typically a member of the panel who has been elected to oversee the panel’s activities. They may also serve as a figurehead for the community, making appearances at special events and welcoming visiting dignitaries. The ceremonial mayor does not have the power to veto decisions made by the council and generally does not set up offices of his own to handle administrative tasks. In the council-strong mayor power structure, the city’s management system is quite different. This government functions much like a state or federal government entity in which an elected leader wields considerable legislative power. The mayor in this type of power structure may be responsible for making and implementing laws, and usually has the power to veto laws that are voted on by the council. Mayors who have legislative authority serve as the head for various departments within the city. This may include departments like: The mayor has the power to make hiring and firing decisions. They may also be responsible for creating special departments geared toward addressing specific issues their city may be facing. For instance, a mayor might set up a gang task force or a department designed to combat the proliferation of meth production facilities. This mayoral role comes with a great deal of responsibility. Examining the President’s Legal Responsibilities Mayors are frequently responsible for their city’s budget. This involves deciding how funds will be allocated in the coming fiscal year. Mayors also serve as public relations contact and may have to interact with the media often. "
Legal Definition Of Tolling Agreement,"The Tolling Agreement might be mistaken for a highway toll bridge where money is collected. But it also has another definition with regards to rights and contract law. Here is the legal definition of the Tolling Agreement. “Asserting Rights after Statute of Limitations” The Statute of Limitations (also Statute of Repose or Nonclaim Statute) allows for the court system to proceed in an orderly fashion. Collecting evidence, deposing witnesses and filing claims would be quite difficult if there were no time restraints on lawsuits. The Statute of Limitations sets a fixed time period for completing certain matters. While the statute of limitations may be good in most cases, it may be wise to suspend the rules due to some unforeseen event. A contract can be written with something called a Tolling Agreement, which allows for pausing, delaying or suspending the time period that will automatically kick in. This provision extends rights past the normal statute of limitations time period. Parties who have agreed to tolling, waive any defense. At times, an action cannot be adequately completed in due time; tolling allows parties and authorities more time to assess and determine the legitimacy and viability of claims. Common circumstances where tolling may be involved include underage juvenile status, insanity, bankruptcy, natural disaster or good-faith negotiations. In each of these cases, a “special condition” exists that could lead to a sensible extension of right beyond the time frame limits. Liability insurance and other agreements may be invalidated by tolling agreements. “Sports Use Tolling Agreements” Another place where tolling agreements are used quite often are sports. Most modern professional sports – basketball, baseball, football, hockey and soccer – have collective bargaining agreements, which carefully stipulate the rights of both players and owners based on strict fixed time frames. In college, when an athlete transfers or is injured, he can apply for another year of eligibility. This is a form of tolling. Another example is a minor league deal for baseball or hockey. Young athletes want a chance to make the major league team. Many contracts have time frames where the major league must make a decision after a certain period of time. If not, the athlete wants to try out with another team. A Tolling Agreement may suspend this time period due to injury. "
How Does A House Arrest Ankle Bracelet Work?,"Socialite and reality television star Paris Hilton is no stranger to making scandalous news headlines, but she truly outdid herself in 2007. While serving a term of probation for driving under the influence in California, Hilton was ordered to serve 45 days in a detention facility for a number of violations of her supervised release. After spending just a few days in jail, prison officials feared Hilton would suffer a major nervous breakdown, and so they transferred her to home confinement and monitored her with an electronic ankle bracelet. So, how does a house arrest ankle bracelet work? In several jurisdictions within the United States, electronic ankle bracelets are used in lieu of keeping defendants in custody. Prison overcrowding and inmate warehousing are major concerns in the criminal justice system, and the cost of keeping defendants in jail is a burden on taxpayers. House arrest and home confinement are part of community corrections, a strategy that can help prevent the growth of the prison industrial complex. Keeping defendants in jail before trial is also a costly and risky endeavor. Finding Out If A Person Has An Arrest Warrant Electronic ankle bracelets are often used for community corrections efforts. The type of bracelet that Paris Hilton wore is used in conjunction with a radio frequency base unit that is connected to a traditional telephone line. The reports sent over the phone by the base unit are usually monitored by a third-party contractor, although some law enforcement agencies take care of this function in some jurisdictions. The ankle monitor cannot be removed and is a: It will alert the base unit if it is tampered with, and the maximum range of this system is usually 3,000 ft within the radius of the base unit. Should the defendant move out of range, the base unit will emit a loud alarm and the monitoring agency will be notified immediately. Defendants on home confinement may be allowed to work or go to school while wearing the device; to this end, the monitoring agency is notified of the job or class schedule so that the defendant is not mistakenly labeled as a fugitive. The other type of ankle bracelet uses Global Positioning System (GPS) technology and requires a mobile phone to be carried by the defendant in some cases. Some GPS ankle monitors incorporate the mobile phone into the device. In recent years, GPS ankle bracelets have been used to enforce restraining orders. "
How Long Do Breathalyzers Detect Alcohol?,"Imagine: you’re out with friends, and you have a drink or two. It’s nothing out of the normal, but as the evening winds down, you get ready to hop in your car and go home. You put the keys in the ignition and realize you are still a little buzzed. Anxious thoughts start to cloud your mind, and you wonder if you should make the drive home or find another means of transportation. You know you should never drive impaired, but if you had just one or two drinks, would alcohol show up on a breathalyzer test? The answer is different for everyone. If you’ve ever had alcohol in your life, you’ve probably experienced a similar situation. After drinking any amount of alcohol, it’s always best to play it safe and not get behind the wheel while still intoxicated. So, how do you know when it’s okay to drive? In this article, we’ll answer the question: how long do breathalyzers detect alcohol? Breathalyzers are devices used to gauge what a person’s blood alcohol content is. The device takes a reading after a person exhales into it. Breathalyzers are most often used in the following situations: The breathalyzer is the easiest on-site method. If you are at a police station for a driving offense, urine or blood samples may be requested of you. The two primary types of breathalyzer technology used in hand-held devices are 1) electrochemical fuel cell or 2) semiconductor oxide sensors. Both measure the rate of oxidizing alcohol. The infrared spectrophotometer breathalyzer equipment is larger and located in police stations. Some breathalyzers are faulty and will give you inaccurate readings due to body temperature, acid reflux or a bloody mouth. Natural compounds, like “ketones,” can be mistaken for alcohol in the bloodstream also. Alcohol is either digested and metabolized by the body or excreted in sweat, urine, or breath. On an empty stomach, the average man absorbs 20% of the alcohol straight into his bloodstream. Men and women vary in terms of how fast their bodies metabolize or process alcohol. Weight, height, age, and race are all factors for the drinker. The amount of food in your stomach is also a variable. Finally, the type of alcohol (wine, beer, or liquor), rate of consumption, and the number of drinks consumed will determine how fast your body burns through alcohol. Experts estimate that the average man will break down alcohol at a rate of 0.015 BAC per hour. Thus, if your BAC is 0.030, it would take two hours to have all the alcohol leave your system. For example, let’s say two people drink the exact same amount of alcohol in the same amount of time. Person 1 is a woman who is five feet tall and 100 pounds, while Person 2 is a male who is 6’3″ and 200 pounds. Because of their size, Person 1 would have a much higher blood alcohol content for a longer amount of time. According to the Cleveland Clinic, you can determine your blood alcohol content with just a few pieces of information. You need the number of ounces of the beverage you consumed, the alcohol percentage in the beverage, your weight, and the number of hours you have been drinking. Then, you can plug that information into the clinic’s calculator to get an accurate answer. The more you drink in a shorter amount of time, the higher your blood alcohol content will be. The courts remind you that drinking and driving is not illegal, “impaired driving” is illegal. But most states have made the BAC so low that this is a distinction without a difference. Usually, a police officer will take an “impaired driver” to the police station to prevent him from driving, book him and get a more reliable blood test. Time is the only answer to lowering your blood alcohol content. If you have ever been drunk, you probably know from personal experience that sleeping, drinking water and coffee, and eating will make you feel better. You might even feel more alert, but none of those things will actually lower your blood alchol content. You end up being a full, caffienated drunk person, but nonetheless – you’re still just as intoxicated. Overtime, your bloodstream will start to clear out the alcohol, and you will sober up. To learn more about this subject. here’s a more in-depth look at How to Calculate Blood Alcohol Content. "
How to Keep Your Tax Refund in a Chapter 13 Bankruptcy,"In the United States, individuals who come under financial strain and become insolvent have two options for discharging their debts: Chapter 7 and Chapter 13 bankruptcy filings. Under the former bankruptcy type, debtors convert their liquid assets into cash and conform to a plan to pay off as much as their debts as possible; the latter filing allows debtors to hold on to certain assets such as vehicles while they attempt to settle with creditors. Both Chapter 7 and Chapter 13 bankruptcy filings provide some relief, but not all debtors qualify for the former. Individuals who earn more than the median income in their state of residence are not able to file for Chapter 7. Tax Refunds Under Chapter 13 One of the provisions of Chapter 13 bankruptcies is that debtors are expected to use their disposable income to settle their debts in accordance to the court-ordered repayment plan. Since tax refunds are considered disposable income, the bankruptcy trustee will demand the full amount of tax refunds to be turned over so that they can be distributed among creditors; however, debtors can petition to make modifications to their Chapter 13 plans for the purpose of holding on to a greater portion of their money. Any money that debtors in Chapter 13 earn beyond what they need for food, clothing, shelter, transportation, and other basic living expenses must be turned over to the bankruptcy trustee. Debtors who wish to retain their tax refunds as they work their way out of Chapter 13 are better off petitioning the court in advance of their repayment plan being approved. Otherwise, they would have to file for a modification to excuse their refund. Bankruptcy trustees and judges are more likely to approve a Chapter 13 repayment plan modification that calls for a one-time, immediate excuse than for several. There must be at least one good reason to justify retaining some or all of the tax refund; for example, a death in the family, sudden job loss, urgent car repairs, unexpected medical expenses, etc. If, however, the debtor sees a long-term or permanent reduction of income, this could justify a request to excuse all future tax refunds until the employment situation improves. "
How To Get An Autopsy Report,"When someone dies due to mysterious circumstances, an autopsy report may be conducted to determine the “cause of death.” If you are a close family member, you might be interested in receiving this report for genealogy purposes. Here is how to get an autopsy report. An autopsy (also referred to as necropsy or post-mortem examination) is a surgical procedure aiming to find the cause of death. This can be for a legal purpose or for the general advancement of medical science. An autopsy can either be external or internal; internal autopsies require the permission of the next-of-kin. If the death was expected or due to an obvious cause, an autopsy is usually not performed. Most of these post-mortem examinations are made because the death was sudden and unexpected. A family member, police official, or a grand jury may authorize the autopsy. A forensic autopsy allows for five causes (or classifications) on the death certificate: The majority of states require the county or state medical examiner to complete an autopsy report along with video-taping the examinations. How To Obtain a Death Certificate The autopsy report is considered to be a confidential health record. If you are a close family member to the deceased, you might be able to get your own copy of the autopsy report for your genealogy records. Each state has its own rules with either the county or state government being in control of the autopsy report. If you want an autopsy report, note the county where the individual lived and died. You can start by looking up the county or state medical examiner’s office on the Internet. Write down its physical and mailing address. Usually, you can download the form from the government website. You must write a formal request for the autopsy report. List the name of the deceased, county of death, your relationship, and your mailing address. Notarize the document. You might want to include a phone number or email address where you can be contacted. There might be a fee also. If you are denied the autopsy report, you can always contact a lawyer. Your attorney will need to demonstrate why you should be given access to this confidential record. "
How to Report Section 8 Fraud,"In early June 2014, probation officers in the Poconos region of Pennsylvania came across records of two individuals under their supervision and noticed that they shared the same residential address. Under certain terms of probation and supervised release from prison, many individuals are not allowed to associate or live with others who have been convicted of certain offenses. A closer look revealed that the home was funded by the Housing Choice Voucher Program, which is more commonly known as Section 8. The investigation by the Pennsylvania probation officers revealed two major Section 8 violations: A convicted felon residing in a home benefited by housing vouchers, plus an adult earning a full-time salary without reporting it to housing officials. The probation officers reported the situation to prosecutors, who charged a woman with Section 8 violations and theft by deception. Understanding Section 8 The United States Department of Housing and Urban Development (HUD) provides Section 8 assistance as a major program designed to help disadvantaged populations in terms of housing. Section 8 vouchers are essentially cash payments that households can use to pay rent and utilities. Unfortunately, this federal subsidy is often a target of fraud, waste and abuse. In the Poconos case mentioned above, the woman charged with the fraudulent acts was receiving close to $14,000 per year in government assistance. Types of Section 8 Fraud Unscrupulous people can defraud the Section 8 program in various ways. One of the most common violations consists of deceptively underreporting income earned. Another violation is to rent a room in the Section 8 home or allow unauthorized people to live in the residence. Reporting Fraudulent Section 8 Violations Since Section 8 programs are handled at the community level, the best way to report compliance issues and suspicious activity is to contact the local housing authority. Each agency has an internal unit dedicated to receiving reports and investigating alleged violations. Those who report Section 8 fraud can request anonymity. Specific reporting methods range from online forms to telephone calls and personal visits. All investigators ask to be provided with as much information as possible, including identifying information of the suspected perpetrators, photographs, copies of documents, and the alleged scheme. Writing down a detailed explanation that answers questions such as who, what, where, and why are often recommended. Staying anonymous may prevent the ability to follow up on the status of the investigation. "
How Do I Locate My Property Lines?,"Property lines are important for determining what belongs to you and what belongs to your neighbor. Home owner liability can be a challenge with regard to things like trees that may have branches overlapping two properties. How do I locate my property lines? “Getting Blueprint of Your Home” Before you plant a tree, build a fence or extend your house, you need to know where the boundary line is between your property and the next. Most people “assume” that a fence may mark the correct property line. This might not be true. Serious legal problems could result if you placed something on your neighbor’s property. The first step for finding your property lines is to look at the ground of your property. As many neighborhoods were being developed, the construction crew would place a wooden post or cement block to mark the borders of each subdivision. You might want to make a quick drawing of your property noting landmarks. Second, look for your property deed or surveyor map. You should be able to get these at the local government office. “Local City or County Property Office” If you do not have your property deed, then you should go down to your local city assessor’s office or county recorder’s office to get a copy. You might even be able to view it online. On the property deed, there will be a section called “Legal Description.” This will consist of the surveyor coordinates establishing your property lines. “Hire Surveyor or DIY” The modern surveyor uses laser equipment to site fixed points and landmarks. The surveyor’s map is also called the “plat.” While you can survey your property yourself, only a professional surveyor can modify official property lines. There are two primary methods for conducting a survey: “Metes and Bounds” or “Public Land Survey System.” Metes uses direction (or bearing) and distance (or length) to determine the property lines, like an array. The traditional process uses landmarks to determine boundary lines, like a tree or a post. The Public Land Survey System was set up to create a square grid of the United States with each section consisting of 640 acres. A sample Legal Description of your property might be the following: “NW 1/4 of section 22.” Another great resource is the United States Geological Survey collection of maps. Or if you have GPS, you can double-check these other measurements. "
How To Divorce Your Parents,"Sometimes children are more responsible than their parents. It is a sad fact of life. Here is how to divorce your parents. We all have difficulties and disagreements with our parents. When you are angry over something your parents did, you need some objective perspective. Is this normal? Do they care about me? Or are their actions toxic, abusive or harmful? You might want to disengage, disassociate or detach yourself from them, but they are your parents. They have legal authority and control over you. You want them to respect your boundaries. Even though you want to leave, you can’t just run away because your parents have legal authority over you. The wisest path is legal emancipation. For most states, the legal age of emancipation is 18. Parents have the legal authority, duty, responsibility and physical custody over children until that “age of majority.” Children are not supposed to sign contracts, drink or do any other “adult” activities. But sometimes, parents can be neglectful, harmful, or abusive to their children. Drunken or drug-addicted parents might get arrested and need their children to bail them out of jail. Or worse yet, the parents might steal their son’s or daughter’s money.   Child labor laws still apply whether you live at home or are legally emancipated. You must work to be able to pay for your: You still cannot vote or drink alcohol. You must show “signs of maturity” to qualify for legal emancipation. Check out the local courthouse for “emancipation forms.” You will need to pay a fee and might need to hire a lawyer. The courts will ask you “Why do you want emancipation?” The primary legal reasons are the following: neglect, abuse, pregnancy, marriage, military, or assuming adult responsibilities. You will need to prove your case. The court will probably ask you – “How will you pay for your expenses.” Fill out your papers, file them, and wait for your hearing date. At the hearing, your parents have the right to “contest” your request. Both sides will be able to make their arguments. Even if granted, a court reserves the right to rescind its grant of child emancipation. Most of the children who succeed with legal emancipation lawsuits tend to be child actors. "
How To Report Cell Phone Spam,"For mobile phone users, Spam is defined as receiving any unwanted or unsolicited text messages. Two federal laws have been enacted that prohibit the sending of spam. The first legislation was the Telephone Consumer Protection Act (TCPA) signed in 1991 and revised in October 2013 to include cell phone text messages. The second law, enacted in 2003, was created to directly ban unwanted commercial messages, also referred to as spam, from targeting cell phones and was named the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM). Both Acts make the sending of spam text messages illegal and subject to financial penalties. Even with the federal laws in place and when cell phone users take measures to prevent the receipt of unwanted text messages, such as registering their cell phone numbers with the Federal Trade Commission’s National Do-Not-Call list, some spam texts continue to arrive. In addition to being a nuisance, spam text messages can be costly to cell phone owners if they have limited text messaging plans. There are two simple and convenient options available for reporting cell phone spam; one is with the federal government and the other is with the cell phone service provider. <strong>Federal Government</strong> The Federal Communications Commission’s (FCC) complaint process, http://www.fcc.gov/complaints, offers menu style options for a full array of wireless telephone situations. Unless someone is interested in reading all of the various scenarios that can be reported; the form needed to report cell phone spam is the FCC Form 1088G, titled Call or Message to Wireless device (Cell Phone or Pager) Complaint. The form is located at http://transition.fcc.gov/cgb/consumerfacts/1088G-R.pdf and can be filed online or faxed to 1-866-418-0232. Individuals can register a complaint with the FCC by calling the Customer Center at 1-888-225-5322 for voice communications or 1-888-835-5322 for those with hearing problems. A complaint can also be registered in writing and mailed to: Federal Communications Commission, Consumer and Governmental Affairs Bureau, Consumer Inquiries and Complaints Division, 445 12th Street SW, Washington DC 20554. <strong>Cell Phone Mobile Providers</strong> Most major cell phone providers have created systems that enable their customers to report spam messages by forward texting the spam to 7726. This allows the mobile provider to effectively block any future messages from a specific sender. This process needs to be handled separately for each spam sender, but it provides the mobile provide with documentation from a sufficient number of customers that can be used to bar the sender from future spam texting. "
How To Get Off Probation Early,"Many people are sentenced to serve a term of probation either after serving time in jail or instead of serving jail time. Although the laws that govern probation vary between jurisdictions, it is possible to draw some general conclusions about how to get off probation early. Get Informed Perhaps the most important factor when it comes to getting off probation early is knowing the law in your jurisdiction. It should be easy enough to look up the pertinent laws online. Alternatively, get in touch with your lawyer who can probably offer plenty of advice about methods for ending probation early. Early Termination of Probation Not every jurisdiction allows the probation period to end early. In some places, being sentenced to six months of probation means that every minute of that time must be served. Other places are more lenient. To qualify for early termination, several qualifications usually have to be met. Most courts do not grant defendants with the “right” to have their probation term ended early. Instead the defendant must have good reasons for needing to end probation early and has to comply with a number of stipulations. Typical Requirements for Early Termination Many jurisdictions that allow early termination require that the defendant serve at least a certain portion, such as half or one-third, of their probation before being eligible. The defendant should also be on track as far as paying any fines or fees that are due in connection with their case. If the defendant is required to attend classes or counseling, they should have completed this program or be on track to complete it before their probation is terminated. It is important that the defendant has complied with every condition of their probation. Crucially, some jurisdictions simply don’t allow for early termination of probation for certain crimes. The defendant who has committed one of these crimes will never be eligible to end probation early. The Court Hearing Usually the defendant must request a court hearing in order to be granted early termination of probation. Some jurisdictions require that the defendant prove that probation is preventing him from finding or maintaining employment or is restricting some other necessary type of activity. The results of an early termination hearing are very much in the hands of the presiding judge. Accordingly, it’s important to prepare carefully with the assistance of a lawyer who can argue in favor of early termination. "
How To Transfer A House Deed To A Family Member,"Transferring a house deed to a family member is a major lifestyle altering decision. Once completed, the person transferring the property, the grantor, has given up any rights to the family member, the grantee. There are a number of ways for the grantor to transfer his house deed to a family member or members. The three most popular methods of transfer are called: This process may require the services of an attorney and it will protect the grantee or grantees from any property issues or claims that the grantor had while in possession of the house. This type of transfer ensures that all of the grantor’s property rights are being transferred to the grantee or grantees. This process will legally ensure both the grantor and the grantee(s) from any past actions or future actions against the property. How to Transfer a Car Title When The Owner Is Deceased The transfer process is the easiest method of transferring a house deed, but it only transfers the grantor’s property interest and does not protect the grantee(s) from any legal claims against the property. Before the grantor transfers a house deed to a family member, there are potential federal and state tax situations to consider. Depending on the value of the property, either or both the grantor and the grantee may have to pay gift taxes or capital gains taxes. Tax laws are always being revised, therefore, to ensure that both parties are aware of which transfer method is most advantageous, it is advisable to seek the advice of an estate lawyer and a financial professional. An estate attorney will be able to explain any property transfer laws that may enable the grantor to transfer a house deed to the certain grantee(s) tax-free. All forms of house deed transfers require a newly written deed that includes, at a minimum, a description of the property being transferred and the name and date of birth of each grantee. The forms must be signed in front of a notary public and notarized. The grantor, or an attorney, must deliver the new deed to the named grantee(s). The grantee(s) must agree to accept the transfer and the ownership responsibilities for the property. To finalize a house deed transfer, the grantee(s) must record the document with the local registry of deeds titling office. "
How To File A Lawsuit In Federal Court,"In the United States common law system, most cases involving civil complaints between individuals or business entities can be argued in county or circuit courts at the state level. Quite a few cases, however, end up before a federal district court. Choosing where to file a lawsuit is a matter of jurisdiction, which means that certain facts surrounding the case and characteristics of the parties involved must be considered prior to filing. The types of civil actions heard by federal courts are pretty diverse. Many of the cases are “claims against the system,” which means that complaints are filed against government agencies or officials who have allegedly violated one or more federal laws. For example, a woman entering the U.S. at the border crossing point in Canada may file a complaint against Customs officers who damaged her car during an inspection. It is important to remember that many federal laws have statutory equivalents through the doctrine of uniform laws. Federal courts have limited jurisdiction; the only cases they review exclusively are matters related to copyright, patents and federal taxes. Civil complaints must either relate to a federal question of law or involve plaintiffs and defendants residing in different states who will argue over claims exceeding $75,000. To this effect, it is better to ask an attorney about whether a civil case should be filed in federal district court. Filing a Federal Lawsuit Once the venue has been selected, the initial filing will require four documents: 1 – The complaint with the names and addresses of the parties, the jurisdiction, allegations, and desired relief.
2 – Civil cover sheet.
3 – Civil category sheet.
4 – Summons. The filing fee for federal lawsuits is $400. The court may waive this fee if the correct request form is attached along with the initial filing packet. Before federal plaintiffs are allowed to serve papers on defendants, the court will conduct a judicial review of the initial filing. A case that is granted to proceed will be assigned a civil action number and a clerk’s stamp. Defendants must be properly notified of the claims against them by means of forms AO 398 and AO 399. If the complaint is filed against the government, this step is not necessary. Defendants can choose to waive service and let the complaint continue; in most cases, however, service of process will be required. This step requires to serve a summons to appear in court plus a copy of the complaint on the defendants. "
How To Know Your Rights If Caught Shoplifting,"Shoplifting is a serious matter. If a person is convicted of shoplifting, it is unlikely that he or she can have the charge removed from their permanent record. However, there may be some methods that can help. In all cases, it is important to have legal counsel to help in these endeavors. Likewise, it is important to note that laws vary from state-to-state. The first step is to understand the difference between being arrested for shoplifting and being convicted. A shoplifting charge may or may not appear on a person’s permanent record. If it does, this charge can weight negatively on a person’s credit score or ability to get a loan. It may also appear on a criminal background check, which can negatively affect entry into educational institutions and job offers. Even without a conviction, a petition for expungement requires an attorney and an appearance before a judge. Some states make allowances for misdemeanor convictions that appear on one’s record prior to turning 18. Some states have raised this age as high as 21. However, these laws do not guarantee that the crime will be expunged. They simply make it easier to complete the process. Most states do not have laws in place to protect those who have been convicted of felony shoplifting charges. However, some states will allow these charges to be “set aside,” which generally removes the charge from one’s permanent record. A motion must be filed with the court to remove the charge. The state prosecutor can then choose to object to the motion or pass. States can have different time frames in which the prosecutor can respond, but in most cases this is about three months. If the prosecutor does not respond during this time, it is the judge’s decision. A qualified attorney and a clear record since the conviction can greatly aid in this process. If the charge is a misdemeanor, it is more likely to be set aside. It can take as long as eight weeks to remove a charge from one’s permanent record after the judge has made his or her decision. Individuals should contact the Criminal Records office of the Justice Department in the state(s) that they were convicted. This process varies, but often includes the completion of a request form, a fingerprint scan, and a processing fee. If the charge has not been expunged, it is possible that the individual has not waited long enough for the change to have taken place. Otherwise, individuals can complete a Claim of Inaccuracy that will then be filed along with the criminal record. "
How To Beat A Stop Sign Ticket In California,"Beating a stop sign ticket in California is difficult, requiring diligence and leg work. However, if your job depends on a clean driving record or if you’re in danger of having your license suspended because of multiple infractions, it may be worth the effort. Ask for the County Seat and Don’t Admit Guilt When the police officer stops you and gives you a ticket, write the words “County Seat please,” before signing your name. You’ll make the same request later at your arraignment. Should the officer ask you if you know why you were stopped, always respond with, “I don’t know.” Further, if the police ask if you rolled through a stop sign, just say, “I was driving safely.” With these answers you are refusing to admit guilt. The Discovery Letter Write a straightforward letter to the police department and the district attorney. By law, you are permitted to “discovery” related to your case. In your letter, you’ll request copies of the ticketing officer’s notes and ask precisely where the officer was positioned. Both letters should be sent certified mail and include a return receipt. You’ll need to get a friend or family member to send it, as you cannot legally serve these documents yourself. If the police or DA fail to respond, they have violated your rights, and the ticket can be thrown out. Form TR-205 You can also request a Trial by Written Declaration. The form can be downloaded from the Internet or obtained from the court. You’ll provide written evidence for why the officer could not have seen the stop sign from his vantage point. Back up your evidence with pictures from the scene. Again, if the officer does not respond, the ticket may be thrown out. The Arraignment If your case has not yet been sent to the county seat, you may need to attend the arraignment. Inform the judge that you have filed form TR-205, and also ask that your case be assigned to the county seat. Losing the Trial by Written Declaration and the Trial de Novo Should you lose your request for Trial by Written Declaration, you can request a Trial de Novo, which happens at the county seat. Frequently, the officer doesn’t bother to show up at the Trial de Novo. It’s inconvenient and means having to put in a lot of extra effort. This means an automatic dismissal of your case. "
How To Collect Unemployment While Pregnant,"Expectant mothers have a lot of exciting changes to anticipate. Many laws in the U.S. protect the rights of mothers who work outside the home. For instance, the Pregnancy Discrimination Act of 1978 made it illegal to fire a worker for being pregnant. Additional legislation created the Family Medical Leave Act to provide both parents with the legal protections necessary to allow them to take time away from work without being punished for it by employers. Expectant mothers are also eligible for unemployment benefits just like any other worker. It’s important to understand that you will not be asked whether or not you are pregnant when you apply for unemployment. However, you must be able to assert that: This means that women who have been put on bed rest by their doctors are not eligible for unemployment. These benefits are only for women who happen to be pregnant and who have been laid off or were working for a company that has shuttered operations. Basically, the reasons for seeking unemployment benefits must be entirely beyond the pregnant woman’s control. Expectant mothers may apply for unemployment benefits just like other workers who have been laid off. When deciding who is eligible to receive benefits, the state government does not consider whether or not the applicant is pregnant. The expectant mother may continue to receive weekly benefits as long as she is still able to work and actively seeking employment. Should her situation change through medical complications or giving birth, her ability to receive benefits may also change. Most states will not provide unemployment benefits for women in these circumstances because they are not able to work. Usually, the woman can begin to receive benefits after birth such as when she is considered able to look for employment. Unemployment benefits are not available to anyone who is seeking a job for the first time. Similarly, people who are self-employed generally are not considered eligible. Keep in mind that it may be necessary to get written notice from your physician that you are able to work. Some states require some type of documentation before you may go back to receiving benefits. Starting back up with receiving unemployment benefits requires less time and effort as your information will already be in the system. "
How To Sue For Mental Abuse,"Mental abuse is sometimes called psychological abuse or emotional abuse. When mental abuse occurs, it’s usually an indication of a power imbalance. This imbalance manifests itself not physically, but psychologically. A person who is being abused mentally may be the subject of constant criticism, maybe routinely manipulated or intimidated, and may experience name-calling or shaming. For the victim, the result is: Depending upon the circumstances, the victim may be able to sue their abuser. So how do you sue for mental abuse? The evidence that results from emotional abuse is not as easy to quantify as that which typically comes with physical abuse. Rather than the bruises, broken bones, or burns that can occur with a physical attack, emotional abuse doesn’t usually leave visible wounds or scars. Nonetheless, such mistreatment can take a physical toll, causing the victim to seek therapy. The victim may be prescribed drugs that help them cope with anxiety or depression. Some mental abuse victims may suffer a miscarriage because of emotional anguish. Others will have different physical manifestations related to living in a chronic state of stress like heart disease. Victims of cyberbullying may have text messages or social media posts. The key to successfully suing a mental abuser is finding sufficient evidence. In these cases, evidence can include medical records and the records maintained by a therapist or other counselor. Documents showing missed days at work may also be helpful. Essentially, anything that ties the victim’s emotional or physical injuries back to the abuser can be used as evidence.   Suing someone for mental abuse is basically the same as suing for emotional distress. A personal injury attorney may be just the right professional for taking on this case. Even with experience in this area, winning a suit for emotional abuse is never a foregone conclusion. It may take months or years to bring such a matter to trial. Attorneys generally take this type of case on a contingency basis, meaning that they get no money unless their client wins a settlement. Because mental abuse can be so difficult to prove, there may not be many lawyers willing to take the case. Moreover, the victim must be prepared for a long battle during which many intensely personal matters will be discussed openly. Suing for emotional abuse can bring a sense of power to the victim, but it is a difficult journey. "
Who Can Witness A Legal Document?,"There are well-established guidelines for how the signature and date sections should look on a legal document. A party (or parties) should find credible, reliable witnesses to authenticate the signatures and date. Who can I have witnessed my legal document? Legal documents can be statements by one party (affidavits) or more complicated agreements between two parties (contracts). They can also be private or public. The ideal legal document would have each page time-stamped with the signature and date of both parties, but most agreements have plenty of pages in-between the first and last page. Witnesses have two primary purposes: The witness must verify that the signer of the legal document is not an imposter. The witness should be an adult of sound mind and not under the influence of any drugs. The ideal witness has known the signers of the document for a long time and does not have any financial interests in said agreement. This third-party witness should keep a copy of the legal document for his personal records. If at some future time, the parties should display two different documents, then the neutral third-party can act as the arbitrator of such a dispute. Each party has its own interests to protect and cannot be objective. The neutral disinterested third-party can identify which legal agreement is authentic. An example of someone who is not disinterested would be the beneficiary of a will. A beneficiary would have a financial interest in said will and would not be a good witness to the signing of said will. How To Write A Legal Guardianship Document The notary public is given authority by the government to be an official witness for signing legal documents. He or she will understand the required documentation, identification, and procedures for official legal documents. The notary public has a stamp with its own signature space and date. His signature makes the document public. You can also get a bank officer to guarantee your legal document. This is actually like security where the bank would be liable if fraud were involved. If you have been a long time customer in good standing, you can ask a bank officer to be a witness. Finally, a government official or judge could be a witness. Read the fine print on official documents; the government might want you to sign and date the document in their presence. "
How To File A Complaint Against A Police Officer,"Most of the time the police can be trusted to protect and serve. Nonetheless, police officers are human and fallible. This means they may be guilty of errors in judgment or misconduct. This behavior should always be addressed with a complaint against a police officer. It’s possible for a citizen to complain about a police officer for a variety of reasons. Perhaps they failed to adequately identify themselves or used demeaning language. Police officers also are not allowed to discriminate against citizens for any reason whatsoever. These are examples of when a police officer complaint may be necessary. The various law enforcement jurisdictions have each instituted their own process for filing complaints. Accordingly, it’s important to visit the website of the police department in question. On the website, the citizen will find forms that can be filled out and faxed or mailed in. Alternatively, many police departments have a special hotline that may be used to report police misconduct. It may even be possible to make the complaint in person at the department. As a general rule, it’s advisable to act quickly after the incident. Some jurisdictions set a time limit between when the misconduct occurred and when it must be reported. If you miss the timeline, you may not be able to file a complaint. When a citizen files a complaint about an officer with the police department, they are essentially beginning an internal complaint. This type of complaint is investigated by other officers in the department or by a division known as Internal Affairs. It is typically only through making an internal complaint that an officer will be disciplined or terminated for the misconduct. Even if discipline or termination are not recommended, the complaint usually stays on the police officer’s permanent record. By filing a complaint, the department is made aware of a potentially bad situation. An officer who receives an inordinate amount of complaints may warrant further investigation by the department. That’s why it’s important for citizens to always report police misconduct, even if it does not immediately result in disciplinary action or termination. Citizens who are unsatisfied with the results of an internal complaint investigation may have the option of filing a criminal complaint against the police officer or beginning a civil lawsuit. "
How To Drop Charges Against Someone,"The District Attorney has the ability to determine when and which charges will be leveled against an alleged criminal. This government prosecutor has the authority to continue a case without any witnesses, but he is not likely to be successful. Here is how to drop charges against someone. Once the court process begins, there are numerous hearings and the prosecution may try to force certain things upon the participants. If the plaintiff and defendant are family members, this can be difficult. Some might think twice about proceeding with a lawsuit. Another reason for dropping charges is mistaken identity. As the court hearings continue, participants have more time to consider the evidence. Perhaps, the evidence is not solid or the witnesses offer conflicting reports. At any time, a plaintiff may decide to drop all the charges against a defendant. That is your right. Ensure that you know all of the facts of the case by requesting a police report. As one of the parties to the suit, this is your right. There may be a printing or copying fee. Read through it carefully, the police report creates the foundation of the case. Why do you want to drop the charges? The government will want to know if you have been pressured by the defendant to drop the charges. You should write your reasons down in an official Drop Charges Affidavit and bring it to the police station. Bring photo identification and expect to pay a fee. Next, contact the county or district attorney to discuss your wishes to drop the charges. After the police officer has filed his report, the evidence is brought to the State authority to determine the legal questions. The prosecution has a great deal of discretion concerning court proceedings. It is illegal to file a false police report, so keep this in mind also. The earlier the better for dropping charges. You may need to testify in court as to why you want to drop the charges. How To Press Charges After An Assault As you proceed through the hearings, the prosecution will continue to calculate the chances of success with the case. If the primary witness or plaintiff is not on his side, he usually can’t win. This is the leverage you can always maintain. You can refuse to testify for the prosecution. "
Should Cigarettes Be Made Illegal?,"Over the last few years, a few jurisdictions in the United States have become more tolerant of marijuana use. Whereas cannabis is treated as a controlled substance by the federal government, some municipalities, counties and states have enacted laws that legalize the use of this herb for therapeutic and recreational purpose. The marijuana legalization trend has renewed interest in an old debate surrounding tobacco, which also happens to come from a plant. Tobacco smoking is estimated to cause more deaths each year than all the other controlled substances put together; nonetheless, they are legal across the U.S. The tobacco industry is subject to heavy regulation, and the smoking habit is subject to lots of restrictions. Initiatives to educate people about the dangers of smoking have brought about sharp decreases in tobacco consumption, and yet millions of people are daily smokers. These seem to be the underlying reasons behind the results of a 2006 national poll that revealed strong support for making tobacco a controlled substance: Nearly 50 percent of Americans would like to see cigarettes made illegal. The Problem with Making Cigarettes Illegal The legal framework to declare tobacco a controlled substance is certainly under the constitutional purview of the United States. It would not be an easy process, but Congress has that kind of power. Having support from nearly half of all Americans would definitely help, and the public health benefits would theoretically outweigh any legislative headaches along the way. Even liquor could be outlawed in this fashion, and we have the Prohibition era to remember in this regard. For all the good intentions associated with making cigarettes illegal on the basis of harm, morality and paternalism, modern history suggests that such a measure could lead to disastrous consequences such as the Drug War. We are not talking about nicotine withdrawals; there are serious issues to consider. From black market activity to lost revenue and from a divisive constituency to the disappearance of an industry, tobacco prohibition could actually do more harm than good in the long run. The legal ground gained by marijuana advocates in some jurisdictions could be endangered by making cigarettes illegal. At this time, the best approach to curb smoking would be to continue to educate people about its dangers and to enforce reasonable restrictions. "
How To Copyright A Phrase,"All artists, writers, and creators should know how to get a copyright and enjoy the rights and protections granted by the U.S. Copyright Act. Fortunately, with online options and reasonable fees, copyrighting something is well within your abilities. Here is an explanation of copyright protection and how to get something copyrighted. Why would you need to know how to get a copyright? In one word — protection. Copyright is legal protection granted to authors of ‘original works of authorship Original works of authorship are works created by human authors or artists and contain creative and original elements. The protection applies to registered works that are “fixed” — or finished. Types of works protected under copyright law include: When you know how to copyright something, you gain exclusive rights to your work. That means you are the only one who can do the following: If other people use your work in these ways, you can sue them for copyright infringement. Or, you can give companies or individuals permission to use your work through a licensing agreement, which allows them to use your material for a fee. You can’t take advantage of these options unless your work has a registered copyright. Generally, the creator registers the copyright because it belongs to whoever created the work. If two or more people created the work, one creator might register the work, but copyright law gives each creator an equal interest in the work. An exception to this rule is ‘works made for hire .’ Works created by an employee or an independent contractor belong to the one requesting the work. The employee or contractor may not be able to copyright the work or own any rights. If you want to know how to get a copyright, you first need to create something! Copyright protection applies to original creations like books, movies, and graphic art. Originality is a low standard, and as long as you didn’t copy someone’s idea directly, you likely pass that requirement. If you are concerned about whether your work is original, you may wish to search the public catalog for similar works. You have two options for registering copyright: Online or paper forms. The Copyright Office prefers online registration, and you likely will, too. Online registration offers lower fees, faster examination and approval, status checking, and fee payment by debit or credit card. You can expect a turnaround time ranging from one to eight months. If you decide to use paper forms, you must choose the form package based on the type of work. But, be aware that this option can take longer and is more expensive; the filing fee for paper forms starts at $125, and you are looking at a turnaround time of 2 to 19 months. Start by opening an account with a user ID and password if you decide on online filing. Choose the type of work that most closely matches the work you’re registering. Provide contact information and complete each required section. For paper filing, choose the form package for your work’s type. The packets include TX (literary works), VA (visual arts), PA (performing arts, including movies), and SR (sound recordings). Fill them out with black or blue ink, and don’t skip sections. Once finished, pay your filing fee. The online system accepts payments via debit, credit, or bank account. The system will not accept your filing fee until you complete the application. For mailed materials, pay the fee with a check or money order issued to the U.S. Copyright Office. A deposit copy is a copy of your work that you must provide with your application. The Copyright Office will use the deposit copy to decide whether you qualify for a copyright. If your work is published, you must provide the ‘best edition ‘ of your work. The best edition is the highest quality format of your work. For example, if you are registering a music album, you want to provide a CD deposit copy of that album rather than a vinyl record. You can provide an electronic copy of your work; however, you may also have to provide a physical copy. The Copyright Office provides a list of acceptable file formats for electronic deposit copies. The only exceptions to physical copy requirements are unpublished works or works published only online. For example, a digital copy should be enough if you only take digital photos and never make prints. For visual art, your deposit copy should be ‘identifying material ‘ rather than the best edition. You don’t have to recreate your painting or sculpture to provide a deposit copy. Instead, you take high-quality pictures of each angle, showing the Copyright Office as much of your work as possible. The Copyright Office sends deposit copies to the Library of Congress once they finish your application. Most applications process smoothly and don’t need further information. Only 19% of all claims require correspondence and clarification. But if you fall into that category, answer all inquiries as soon as possible. Depending on the Copyright Office’s concerns, you may need to submit a new application or make changes to your original one. The Copyright Office doesn’t accept all applications. It may reject yours if: If you disagree with the ruling, you can file a request for reconsideration . You must file this appeal within three months of receiving the Copyright Office’s decision. The request for reconsideration requires a $350 filing fee and must contain the following: You can request a second review, but it will require a filing fee of $700. You can’t copyright a phrase, can you? You can copyright words that are brand names. And here is how to copyright a phrase. The United States Patent and Trademark Office (USPTO) Section 102 of the Copyright Act (Title 17 of the U.S. Code) defines copyright as an “original or artistic literary work.” A trademark is a “word or phrase.” So actually, you trademark a phrase. Ideas, concepts, and recipes cannot be copyrighted. No individual or company can copyright an obvious phrase like “I walk.” But if you think carefully about your favorite soda, restaurant, or electronic company, each probably has a motto or “catchphrase” associated with them. If the phrase is “clearly created by the owner for the purposes of commerce,” then it can be copyrighted. A “catchphrase” is unique to a fictional or non-fictional character. It is a symbol distinguishing a brand. This literary, musical or graphical expression might identify a certain level of product or service quality. The goal of a copyrighted phrase is to create clear value for commerce. By being copyrighted, consumers can ensure they are receiving the actual value they were promised. It creates reliable commerce. The best way to qualify for a copyrighted phrase is to demonstrate that through a musical, graphical, or speech, the owner has “invented the phrase.” It must be closely tied to the brand. This can be done by including the logo or brand name in the phrase. Find a way to time stamp your creation. Some have included an affidavit in an envelope and postmarked it to themselves. This creates a historical record in time. Next, use it for interstate commerce; this will make it recognizable and enforceable by federal law. Here are some examples of copyrighted phrases: Finally, register your copyright phrase with the USPTO. This creates a public record of your claim to ownership. The phrase becomes your property giving you exclusive legal rights for the purposes of commerce. It gives you leverage and the right and authority to file copyright infringement against others. The burden of proof is on them to prove the copyright does not belong to you. You can file an injunction against further use. The internet allows you to access any images available online, but that does not mean these images are available for your use! Image copyright laws protect artists, photographers, and other owners and creators. Here’s how these laws work and how to ensure you only use permitted copyrighted images. This overview also includes tips on how to protect and copyright your images. The U.S. Copyright Law protects images as “pictorial, graphic, and sculptural works.” That definition continues by explaining that two and three-dimensional works of “fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans fall under copyright laws. If artists register their work through the U.S. Copyright Office, they secure full ownership of their work, and anyone who uses it without permission or credit could face penalties. You can avoid potential liability by using properly licensed images or public domain graphics. Fortunately, a variety of licensing options are more publicly accessible. Here are examples of paid and free licenses for copyrighted images. Stock images, or stock photos, are electronic images available for business or creative purposes. They allow you to add graphics to a website, blog, or other publication without hiring a photographer. Most stock issues require you to purchase a license, and the rights-managed license (RM license) is the most restrictive. They are specialist images for limited use. You can only access and license them through an RM license agency, like Getty Images. Before you get the license, you must explain exactly where you will use the image, the number of copies you intend to print, the image size, and your industry. Once you pay the licensing fee, the agency limits you to your described use. If you want to use the same image in a different medium, you must reapply for the license and pay another fee. For example, if you purchase a license for this Pride graphic for a print magazine but decide you also want to use it on your web page, the original license won’t extend to the web page. Also, your license only extends to one size, and you cannot make any changes to the graphic. Instead, you must have a separate license for each size. You must also credit the artist and follow restrictions, even if you have a license. If you see an RM license, trust that the artist is paying close attention to their intellectual property rights. These rights give the artist exclusive control to sell, license, and change their work without other parties interfering. Follow all rules attached to an RM license. Otherwise, you risk penalties. The royalty-free license (RF license) is the default setting for stock images. Generally, the purchaser pays the license fee once and can use the image in unlimited applications. RF licenses have more options. You can use them multiple times for publication, e.g., web pages, brochures, magazines, etc. However, you will need an RM extended license to make merchandise that includes the image. Royalty-free extended licenses are also called commercial extended licenses. Unlike the first two license types, which focus on publishing rights, this category applies to using images for commercial purposes such as putting pictures on mugs, shirts, and other merchandise. You will know your desired image has an extended license if: Creative Commons is a nonprofit organization that advocates for sharing creative works and knowledge. Images participating in Creative Commons licenses are free as long as you credit the image’s creator. You can credit the artist or photographer by linking to their website or the original image. You can find Creative Commons images through photo services like Flickr. Usually, the photo indicates it has a Creative Commons license and links it to the license type, giving instructions on how to attribute and use the photo with the artist’s permission. The most common Creative Commons license is Attribution 2.0 Generic, which requires appropriate credit, a link to the license, and whether you edited the photo. However, even Creative Commons allows licenses with restrictions. Notice this photo has “some rights reserved” with the dollar sign crossed out. The text leads the Creative Commons license that prohibits commercial purposes. The editorial use license applies to trademarks and other graphics that belong to companies. Many journalists want access to these images when they write features on a company. Also, bloggers who write online reviews might request these types of images. The best way to secure editorial use licenses is by requesting a media kit or visiting a company’s online press center. You can’t just grab the graphic from the company’s webpage. Doing so could violate image copyright laws, and you’re also unlikely to get a high-quality image. Image copyright laws protect images during the artist’s life plus 70 years after their death. After that, the images enter the public domain and can’t be renewed. You can use most public domain images without legal risk and with few limits. Public domain images are clearly marked, and some link back to this Creative Commons page to clarify public domain rules. But, you should still be careful with public domain photos and images since some of them have moral rights under image copyright laws. These “moral rights” protect the image from mutilation, distortion, and derogatory action that impugn the subject’s value or reputation. Creative Commons calls these Public Domain Mark 1.0 images. You find this public domain characterization most commonly with armed forces photos. Military branches often want to avoid stolen valor situations or vulgar edits of their photos, so they rely heavily on moral rights – even if the pictures are in the public domain. Understanding image copyright laws and licenses is essential because you don’t want to face the penalties for copyright infringement. Even if you didn’t intend to infringe, damages could reach $750 to $30,000 per work. Intentional infringement could generate damages of up to $150,000 per work infringed. You may also owe the creator any profits you generated from infringement. However, you may be able to avoid liability if using an image falls under the fair use exception. Courts evaluate fair use on four factors, although no one factor determines the outcome: In general, nonprofit or educational use is more excusable than commercial use. Using an excerpt from a novel to illustrate a point in a high school English class likely passes as fair use. However, suppose that same teacher scanned the entire book and made it available online as a PDF for a small fee. That would be likely infringement rather than fair use – even if the teacher argued distribution was “educational.” That action also devalues the novel by encouraging buyers to purchase the PDF rather than pay full price for a retail copy. Fair use also applies to images. A thumbnail of a copyrighted art piece is likely acceptable, especially if clicking it takes you to the piece’s museum page. But if you download the piece in its entirety and start selling prints, you may face trouble! Want to know how to copyright your images, photos, and graphics? Start by applying to the U.S. Copyright Office. Provide your photo, art piece, or graphic, and pay the filing fee. Once confirmed, you can charge licensing fees. Another option is to get a Creative Commons license. The license allows you to gain exposure and require people to credit you if they use your work. However, unlike the U.S. Copyright Office registration, there are no remedies if someone misuses your work. Some artists reserve copyright image registration for their most cherished works and use Creative Commons on less valuable images to gain exposure and attract people to their Instagram accounts or websites. You may find a similar balance works for you. You’ve created your masterpiece. The script which is going to make you famous. You already have dreams of Broadway when you discover someone has stolen your idea. If you haven?t copyrighted your work, there?s a good chance you can?t do anything about it. Here?s what you should do after you’ve finished writing to protect your many hours of hard work. Automatic Copyright
The US is a country which falls in line with many others when it comes to copyright law. Anything with the copyright symbol and your name is automatically copyrighted. Whilst this will deter some would-be thieves, it won?t matter in a court situation where you?re trying to prove this is your work. The problem with automatic copyright is it doesn’t specify the time it was written or when you copyrighted it. It?s essentially your word against someone else?s. Contrary to what a lot of people think, you can?t prove automatic copyright with registered or recorded delivery. Sending yourself a copy of your own work won?t provide you with any evidence you could take advantage of in a court situation. The US Copyright Office
The US Copyright Office is the only entity in the country which can formally issue you a formal copyright notice and registration with the Copyright Office. If you?re trying to sue someone for stealing your work, your work needs to be registered with the Copyright Office before you can sue them. Always file your work with the US Copyright Office. Visit their website and follow their detailed guide on how to correctly file your request. This process takes up to six months, but there?s another option for protecting your work. Interim Registration with the Digital Timestamps
Digital timestamps is a popular way of providing you with a sort of interim copyright notice. The main disadvantage with automatic copyright is the lack of any timestamp. With a digital timestamp from an independent company, you can prove when your work was created and registered. Choose your digital timestamp provider carefully. Make sure they take documentary evidence of your work. Check the terms and conditions to ensure they would be willing to intervene on your behalf if you became a victim of theft. Since the process with the Copyright Office lasts at least six months, this is a good way to defend yourself in the meantime. Once you’re fully registered, you don’t need to worry about anyone stealing your work because you’re fully covered and you’ll always win in court.     "
What Happens During A Settlement Conference?,"Most lawsuits that are filed never end up going to trial. Frequently, this is because the matter is settled between the parties before the trial date is reached. A settlement conference is one of the most common tools for settling a dispute before trial. In many jurisdictions, a settlement conference is required before any case can go to trial. The settlement conference is shorter and less expensive to conduct than a trial. Accordingly, it can be attractive to all involved to reach a settlement. A judge presides at the conference in their chambers or a private conference room. Settlement conferences are most often utilized in civil matters such as for child custody matters, personal injury lawsuits and contract disputes. They may also be used in criminal matters, though this happens less often. The requirements for attending a settlement conference may vary by jurisdiction. However, both parties with their legal counsel are usually required to attend. In most cases, any parties or individuals who have the authority to potentially settle the matter are required to attend. The proceedings of a settlement conference can vary widely between jurisdictions and even between judges. Typically, both sides must inform the judge about the case in advance. This may include disclosing certain facts and evidence that supports that party’s side of the case. This way, the judge is reasonably well apprised of the case before the conference occurs. The conference may begin with the judge meeting with the counsel for both sides. Occasionally, the parties themselves are present at this initial meeting. Legal counsel for each side usually makes a brief presentation of the case. Then the judge meets with each side separately. This process can go on for several hours, and the judge may go back and forth between the parties several times in an effort to reach a settlement acceptable to all parties. If a settlement cannot be reached, then the parties must begin preparing for trial, although the judge may recommend a second settlement conference at a later date when more information is available. Should a settlement agreement be reached, the judge asks the attorneys to prepare a memorandum that specifies the terms of the settlement. This formal settlement agreement will be signed by all parties. After it is signed and filed, the judge formally dismisses the lawsuit. "
Filing a Creditor’s Proof of Claim in Bankruptcy Court,"Insolvency proceedings in the United States essentially consist of two major legal actions that must be filed in federal bankruptcy court: Petitions and proofs of claim. The former filings are submitted by debtors, who can be individuals or business entities no longer able to settle their outstanding financial obligations with regard to debts; the latter are filings that must be submitted by creditors who wish to be paid out of the bankruptcy estate established by the court and managed by the the trustee. Creditors who fail to timely file a proof of claim will basically forfeit their right to distributions from the bankruptcy estate. Not all unsecured creditors that appear on the debtor’s schedule will enter proof of claim, particularly those who feel that the bulk of the original amount has already been paid or that going through the bankruptcy proceeding would not be worth the amount that can be recovered. Only unsecured creditors such as credit card companies can enter a proof of claim in Chapter 7 or Chapter 13 bankruptcy cases. Lenders who have a lien on collateral assets do not have to follow the proof of claim process, although many attorneys recommend doing so just to be on the safe side. The official form to use in a proof of claim is available from the U.S. Bankruptcy Courts website. Form 10 is an official and straightforward document that asks for the following information from creditors: Form 10 must be filed along with all documentation that supports the debtor-creditor relationship and the amount claimed. It is important for creditors to pay close attention to the information they provide on Form 10. Bankruptcy attorneys will take a very close look at the proof of claim in an effort to present an objection that can be sustained in court, thereby relieving their debtor clients from their obligation. Some of the most common mistakes filed by creditors in this regard include: When the bankruptcy court calls a meeting of creditors, those in attendance are reminded that they have 90 days to file their proofs of claim. Obtaining deadline extensions from the court is possible but highly unusual. "
What Does Pod Mean On A Bank Account?,"Estate planning allows you to identify the beneficiaries of your financial assets. The probate court process for dividing assets after death can be quite: Assets that are encumbered with loans might be financially at-risk when someone dies if the money is not available to continue making payments. This is why some people add the POD designation to their bank accounts. Debt levels are at all-time highs with outstanding balances accruing interest. Add automobiles and mortgages to the list. It can be a challenge to stay current on accounts. People know how much to pay on each debt. But what happens when they die? Will their heirs have the money to keep up with payments? Families can set up their bank accounts to ease any asset transfer upon the death of a member. You have many different options for setting up a bank account, including but not limited to the following: joint account, account for children, or payable-on-death (POD) designation. The POD is your heir. The banking account immediately becomes his or her property when you pass. While you are alive, you have full control over your banking account, even if it say POD on it. You would follow the legal payable-on-death procedure and write POD on your check with the heir’s name after it. You can add more than one name as POD or even charities as beneficiaries. How Do I Cash a Check Without a Bank Account? The payable-on-death designation can reduce the number of things a family needs to worry about when someone dies. It also makes a banking account instantly accessible for paying off credit card bills or even funeral costs. Families know that many senior citizens have very valuable assets, including bank accounts. The payable-on-death designation allows for the seamless transfer of wealth to the next generation. Sometimes, probate can take up to a year with family members squabbling over the estate. In the meantime, bills can add up. The estate without the POD banking account might need to file for bankruptcy. The FDIC has made the POD designation even more valuable by offering additional coverage for each POD named. If the FDIC insurance is $250,000 per banking account, then the POD account will have $250,000 + $250,000 = $500,000 instantly guaranteed. "
How to Write a Notice to Vacate,"Most people think of a notice to vacate as a document that signals the end of the business relationship between landlords and tenants. This is not always the case, although terminating a residential lease is the most common reason behind writing one of these letters. Essentially, a notice to vacate serves to inform that a tenant will move out of a property. When the landlord is the author, the letter is called a notice to vacate. When the tenant is the author, the letter is called notice of intent to vacate. Many lease contracts come to an end without these notices; this often happens when the tenant decides to not stay beyond the last day of the rental term and gives a verbal notification a couple of months in advance. This is not an ideal practice insofar as real estate compliance; failure to issue a correct notice to vacate could result in legal headaches down the line. Notice from Landlord to Tenant In many jurisdictions, it is customary for the landlord to issue the notice to vacate. The reasons for issuing the notice may include: – The lease contract is coming to an end.
– Lack of payment.
– Lack of compliance with the terms of the rental agreement. Many templates used for residential lease agreements include a notice to vacate that can be used when the rental term expires; landlords should check with their attorneys before writing a notice to vacate for any other reason. It is very important to check all the provisions of the lease contract before writing the letter; an incorrect date or a misinterpreted term could give the tenant a reason to file a lawsuit. The notice starts with the landlord’s contact information followed by the tenant’s. The subject line should succinctly explain the reason for the notice to vacate. The body of the letter should remind the tenant that the notice is being served within the time frame stipulated on the lease contract, and it should also clearly state the date by which all personal belongings must be removed. Brief instructions on the final inspection, security deposit and handover of keys can be included as well, although these are normally covered on the lease contract. Notice from Tenant to Landlord A notice of intent to vacate is normally filed by tenants who intend to move out before the end of the rental term. The letter should follow the format explained above, but the body of the letter should only describe the intent to vacate and the final day occupying the property. Early lease terminations should be handled in a separate document. "
What Are Bilateral Agreements?,"You might have heard of bilateral trade agreements between different countries, but is that the same as a bilateral agreement? The prefix “Bi” means two. But what is the exact definition of a bilateral agreement? “What is a Unilateral Agreement?” “Uni” means one. So a unilateral agreement must involve “one of something.” An agreement is between two parties. So what is the “one” thing that defines the unilateral agreement? A unilateral agreement is where one party makes a promise, declaration or offer. For example, a radio station DJ tells the audience that he will pay a listener $100 if he can answer a question. The radio station is the promisor and the listener is the promisee. The two sides of the agreement are not equal or mutual. The promisor offers money and the promisee must offer an answer. Under the unilateral trade agreement, only the promisor is bound by consideration. The promise is bound by consideration of the performance of the obligations. The unilateral agreement “may or may not occur.” It is not guaranteed. One side offers something of value to anyone who can fulfill the other side of the agreement. These occur every day at grocery stores or restaurants. Many are unspoken and implied. “Two Promises Involved in Bilateral Agreement” The bilateral agreement involves two parties each promising to do something. The parties can be individuals, groups, businesses or governments. Somehow, the two actions are mutually supportive, binding and inclusive. Both parties fulfill roles as the promisor and the promisee. A bilateral agreement can be “positive” or “negative” – you “will” or “will not do something.” Each party is sufficient consideration for the bilateral agreement. The concept of “mutuality” is important for bilateral agreements since both parties must fulfill their promise for the contract to be fulfilled. “Breach of Contract” The unilateral and bilateral agreements are enforceable in courts. The agreements change the status of the parties to it. If someone was not legally required to do something, a bilateral agreement promise may mean that he will now be legally bound to do that. The reverse is possible too. Breach of contract can occur due to many reasons. With the bilateral agreement, both parties will suffer if the agreement is not fulfilled. It is more of a symbiotic relationship. "
How To Write A Legal Guardianship Document,"Children are under the legal custody, authority, and control of their parents until they reach the age of majority. Unfortunately, parents may suffer from a temporary or permanent setback that may lead them to give up their legal control of their children. Here is how to write a legal guardianship document. The parental authority extends to all elements of the child’s life. The parents determine where the child lives, what the child eats, what medical treatment is provided, and what education is afforded. In order to be good parents, adults must have the capacity to provide the basic necessities. If they cannot, then finding a close relative and giving him or her temporary legal guardianship might be the best idea. Financial distress, homelessness, legal difficulties, drug rehabilitation, or health problems could lead to parents not being able to raise their children properly. The wise parent may cede some authority temporarily or permanently in the best interests of their kids. The legal guardianship document is a formal declaration to the court system that another party is responsible for the well-being of the minors. No one can predict when an accident or other disaster may occur. Some include a legal guardianship document in their wills to determine who will raise their children. If parents do not name a guardian, the courts will find someone offering the most stability, continuity of care, and amoral environment for the children. How to Write a Legal Statement of Fact The primary function of a legal guardianship document is to transfer parental authority to another party. The document should be a statement opening with the name, phone number, city, state, and zip code of the parent(s) with legal custodial authority. Then fill in the name of the children and their birth dates. Next, you should list the party to whom legal guardianship will be handed off. Include the: List whether the guardianship transfer will be temporary for a set time period (list the beginning and end dates), or permanent for the foreseeable future (beginning on such-and-such a date.) The parent giving up custodial rights should wait to sign and date the document in the presence of a notary public. The bottom of the form should include a space for the signing, dating, and stamping of the notary public. "
Reporting A Stolen Car,"It’s distressing to realize that your car isn’t where you left it. It happens hundreds of thousands of times across America on a yearly basis. The first thing you’ll need to do is report the theft to the police. Contacting the Police You can call 911 if you are stranded and feel that your life is in danger. Otherwise, it’s best to contact the police through non-emergency channels. Depending upon the practices of the law enforcement agency you contact, they may take the report over the phone. Some agencies require that the report be taken in person whether that means the police come to you or that you must go to the station. Establish Proof of Ownership You must demonstrate to the police that you are the rightful owner. This can usually be done with DMV records, a vehicle title or a bill of sale. The police will also want to see your driver’s license in order to verify your identity. All About the Car Be prepared to tell the police all the information you can about your car. This includes basic data like the make, model and year the car was manufactured. Details about the color and any body damage or scratches may also be helpful in identifying the vehicle. The VIN and license plate number will be similarly indispensable. Also, be certain to report any personal items that may have been in the vehicle at the time it was stolen. This may make it easier to claim these items if your car is found and the items are still intact. Contact Your Insurance Provider After the formal police report is filed, you’ll want to notify your insurance company about the theft of the car. The insurance provider will often want to know information from the police report. In fact, many insurers cannot process the report of a stolen car if the theft has not already been reported to the police. Provide them with all the data they need, as this will make it easier to make a claim for damages if your car should be recovered. Keep in mind that the police often won’t get involved in a car theft between spouses, ex-spouses or in other domestic situations. They focus on genuine criminal theft of vehicles, so attempting to report as stolen a car that is in use by an estranged partner is likely a waste of time. "
How to Get an ITIN in the U.S.,"In the United States, taxpayers are identified by unique numbers. For most individuals who are compensated on a wage or salary basis, the numbers assigned to them by the Social Security Administration are sufficient for taxation purposes. Not everyone who works or earns money in the United States qualifies for a Social Security number; however, just about everyone who earns income is expected to report earnings to the Internal Revenue Service (IRS) or a state taxation agency. Dealing with the IRS and other tax collection agencies requires an Individual Taxpayer Identification Number (ITIN). A Social Security number (SSN) is considered an acceptable ITIN by the IRS. Certain taxpayers have valid reasons for getting an ITIN, specifically immigrants who do not qualify for an SSN. Immigrants authorized to work or do business in the U.S. are required to report their income and file a tax return even if they are not registered with the Social Security Administration, and they can obtain an ITIN for this purpose. The most recent amendments in the ITIN request process were implemented by the IRS in early 2013. The steps are as follows: – Obtain a form W7 from the IRS. This form is available online or from authorized representatives known as acceptance agents. – Include a valid federal income tax return along with one or more documents that can be used as proof of identification. These documents can be copies certified by foreign embassies or consulates, and it is generally to include more than one. – If no federal tax return form is available at the time the ITIN is being requested, certain exemptions may apply. – It is important to remember that the W7, proof of identification and federal tax return should all be mailed to the IRS Service Center in Austin, care of ITIN Operations. The address is P.O. Box 149342, Austin, TX 78714-9342. -The IRS takes between six to eight weeks to mail a letter with the ITIN. In the past, the IRS issued a green and white wallet-sized card with the ITIN; that is no longer the case. Modern ITINs expire five years after they are issued. This does not apply to the ITINs issued prior to January 1st, 2013. Tax returns that are mailed along with the W7 form and the identification documents will be processed by the IRS. In some cases, refunds may become available even before the ITIN. "
Is a Hard Money Loan an Option When Experiencing Foreclosure?,"Hard money loans are used by individuals who need quick financial solutions and either cannot wait for or do not qualify for conventional banking approvals. These types of loans are specific in nature, being backed by collateral in a piece of property that can be quickly sold at a profit for both the borrower and the lender. Real estate investors are the primary borrowers of hard money loans. The funds allow the investor to purchase a property at a low price, do any repairs or renovations and then resell the property within a short period of time. Another large segment of hard money loans are used by individuals with financial problems who may be facing foreclosure or are already in foreclosure. These borrowers want to stop the proceedings in order to sell the properties to clear up their problems or keep the properties while trying to get mortgage refinancing at monthly payment rates that can be maintained. As with commercial real estate, hard money loans for individuals are based on the resale value of the home and are short term in nature, being made for a few months up to a couple of years. <strong>HARD MONEY LOAN BASICS</strong>
Hard money lenders will estimate the resale value of the property, the current real estate market where the property is located, and the potential for a quick sale. The lending rate on a property is between 50 to 70 percent of the market value and a loan is used to pay off the current mortgage so the hard money loan becomes the first mortgage. If the borrower does not pay as agreed, the lender can foreclose and sell the property to recover the amount of the loan. Lenders charge a high rate of interest and more points than banks. Hard money loans help borrowers survive a short rough period that will end in positive results for both the lender and the borrower. <strong>FORECLOSURE LOAN ASSISTANCE</strong>
Home owners facing foreclosures who want to save their homes or sell them and currently have 30 percent or more equity in their homes, might consider hard money loans. A hard money loan must pay off the current mortgage holder and make the hard money lender the first mortgage. The loan will be expensive for a short period of time, but it allows the home owner the option of selling the home or getting new financing with a lower interest rate for a longer period of time. "
How to Write a Legal Statement of Fact,"A legal statement of fact is a document prepared for use in a variety of legal cases that involve all of the judicial principles. The statement defines a situation and sets down factual information in an easy to read manner that will compel the reader to understand the writer’s point of view. Legal statements are prepared by both the prosecution and the defense. The document requires a professional, non-argumentative tone and is devoid of exaggerations and fabrications.   How to Write a Legal Memorandum 1. Determine what the results of the statement are intended to gain; this is generally to gain a favorable decision for the writer. 2. Include the date of the legal statement; the topic of the statement; the date(s) of the topic to be discussed; the basic facts involved in the reasoning for the statement; the identities of all pertinent parties; their connections to the case; and if possible, the signatures of the parties. 3. When stating the writer’s facts, add information to help clarify the environment at the time of the issue. An example would be if someone was assaulted by a stranger on the street. Rather than writing: “A stranger approached me asking for money and when I said no, he hit me and I fell to the ground”; a more effective description is: “Mr. “A” was carrying an open can of beer and drinking from it when he approached me asking for money. When I said no, Mr. “A” yelled profanity at me, hit me in the face, and I fell on the ground and hit my head on the sidewalk.” 4. Add any copies of documents like a police or medical report, a newspaper article, or any other papers that can strongly support the writer’s case. 1. Do not provide any facts that can be used to the advantage of the other party. It is the other party’s responsibility to establish an opposing point of view. 2. Do not refer to other parties as simply “he”, “she”, or the “defendant”. Use the person’s name, or a descriptive term such as “the young man who had been drinking” when emphasizing the defendant’s condition, “the company’s representative” when emphasizing one person against a big corporation, or “the newly licensed driver” when emphasizing the defendant’s lack of driving experience. 3. Do not lie or make up information that can be disproved by the other party. "
What is FED MED/EE Tax?,"One withholding employees see listed on their earnings statements is the Fed MED/EE Tax. This stands for Federal Medicare/Employer-Employee and is a tax that funds the Medicare Health Insurance program. This tax is a part of FICA, the Federal Insurance Contributions Act, which consists of both Medicare and Social Security Tax. All employees and employers in the United States are required to pay their portion of the Fed MED/EE tax, which is taken out of a person’s paycheck. In this guide, we will discuss everything from the definition of the Fed Med/EE Tax and where to find it on your paycheck, to exemptions to deductions to how it applies to self-employed individuals.   If you’re an employed adult, chances are you’ve heard of the Medicare Health Insurance program, but if you’re not enrolled in the program, you may not know exactly what you are contributing to when you see the tax withholding on your paycheck. The Medicare program provides the following services for individuals with work-related disabilities and those individuals who are 65 years old or older:   Most people get their pay statement and do a quick scan until they find how much money will go straight into their pocket from the week. However, if you take the time to look through all of the taxes and withholdings, you may be surprised at how many items are listed that you are not familiar with. This is likely because many pay statements use the formal names for these taxes, rather than simply stating “Medicare.” In this video from Paxton Patterson College Career Prep, you’ll learn exactly how to read your paycheck and understand those statement withholdings that once seemed confusing.   Okay, now that you have the gist of the main withholdings you will find on your weekly, biweekly, or monthly paycheck, let’s break down what’s in the video a bit more and discuss how exactly you should be reading your paycheck.   Pay statements are broken up into different sections, including pay details, earnings, deductions, taxes, paid time off, and more. The way a statement is formatted may vary depending on the provider your company uses for pay roll, but they will all generally include the same kind of information. In this diagram, you can find where to look for each piece of information on your paycheck. You’ll notice the Fed Med/EE (Medicare) tax is listed under the “Taxes” section.      Pay Details – This includes your basic information that pertains to your job, like your full name, address, employer number, social security number, job title pay rate, etc. Earnings – This section highlights what you have earned during a pay period, as well as things like holiday pay, vacation time, and overtime. Deductions – Depending on what you contribute to and what your company offers, deductions on your pay statement will include things like your 401 (K), childcare, stock, work uniforms/supplies, and food/beverage purchased while at work. If you are enrolled in an insurance and/or health savings plan through your employer, you will see those benefits show up on your pay stub, as well. Taxes – Federal income tax, state income tax, county tax,Medicare (FED Med/EE), Social Security (Fed OASDI, Old Age Survivor and Disability Insurance). Depending on your employment status and what kind of benefits you have, your paycheck may look slightly different. However, every employed American must pay the same kind of taxes (FICA [Medicare and Social Security]) and federal, state, and local income taxes. If you are a self employed individual, you will not have your taxes taken our automatically. Instead, you will have to withhold them yourself and pay them in the form of quarterly estimated taxes (more on that in a bit). If you have certain insurance or disability with your employer, your pay statement may vary.   Some paychecks will have the Fed/Med EE withholding listed under other names, such as: Any variation of the above is referring to the Fed/Med EE tax and is usually listed immediately following Social Security (or OASDI/EE) taxes, but they all mean the exact same thing.   What Is Fed OASDI/EE Mean on a Paycheck?   Yes, Fed Med/EE is a federal withholding tax, along with Social Security and federal income tax. Both Medicare and Social Security taxes are only withheld on the federal level, not on a state or county basis like some other taxes you’ll see on your paycheck.   The Medicare (Fed Med/EE) tax rate percentage for 2021 is 1.45 percent, the same as it was in 2020. The Fed MED/EE Tax rate is 2.9 percent of gross income. The employee pays 1.45 percent and the employer pays a matching 1.45 percent. Self-employed individuals will pay the entire 2.9 percent.  Here’s a look at the FICA tax rates for 2021: *Additional .9% Medicare Tax for people who earn more than $200,000 ($250,000 for joint filers) Unlike the Social Security tax which has an income limit on how much tax is paid, there is no limit on the Fed MED/EE tax. This tax is paid on everyone’s earnings, no matter how small or how large the annual amount. The percentage that you must pay on Medicare taxes may increase, depending on your income. If you make more than $200,000 per year, you are subject to an increase in Medicare taxes based on the Affordable Care Act’s Additional Medicare Tax (we’ll discuss more on that later in this article).   While both Fed Med/EE and Fed OASDI EE are both a part of FICA, they are two separate taxes that show up on pay statements. Fed Med/EE is Medicare tax, while Fed OASDI EE is Social Security tax. To learn all about Social Security tax, check out this guide: What Does Fed OASDI/EE Mean on a Paycheck? Every person, with a few rare exceptions, who earns a paycheck, will have this payroll tax deducted from the gross salary earned, but it is not part of the Federal taxes paid for income tax purposes. An example of an exception to this payroll tax is when both the employer and employee are members of a religion that is opposed to insurance based on their divinity’s doctrine. “An exemption from Social Security and Medicare taxes applies to non-immigrant students, scholars, teachers, researchers, and trainees (including medical interns) who are temporarily present in the United States in F-1, J-1, M-1, or Q-1 status, as long as they remain non-residents for federal income tax purposes,” according to TheBalance.com. “The exemption also applies to any period in which a foreign student is in “practical training” or other off-campus employment allowed by U.S. Citizenship and Immigration Services (USCIS).” If someone thinks that they may have justification for an exception to paying this tax or already qualify for an exception to paying this tax, can talk with an IRS agent or consult a tax advisor for guidance. All other wage earners are required to pay this tax. Employees who have overpaid on their Medicare taxes are eligible for a refund. To pursue getting a refund on your FICA taxes, you will need to first claim this with your employer. If that is not successful, you will need to attempt to get your refund when you file your taxes with the IRS on a Form 843 (Claim Refund or Request for Abatement). If you are self-employed, handing Fed Med/EE taxes is not quite as simple. First off, those taxes are not automatically withheld on your paycheck like they are for employed people. And second, self-employed people are responsible for paying both halves of Fed Med/EE tax (so, the entire 2.9%), as well as the other part of FICA, Social Security Tax. Medicare and Social Security taxes make up a total of around 15.3% of a self-employed person’s income. Paying the IRS for these taxes can be confusing at first, but once you get the hang of it, it isn’t too bad. According to the IRS: “As a self-employed individual, generally you are required to file an annual return and pay estimated tax quarterly. Self-employed individuals generally must pay self-employment tax (SE tax) as well as income tax. SE tax is a Social Security and Medicare tax primarily for individuals who work for themselves. It is similar to the Social Security and Medicare taxes withheld from the pay of most wage earners. In general, anytime the wording “self-employment tax” is used, it only refers to Social Security and Medicare taxes and not any other tax (like income tax).” If you are under contract as a W2 employee, your employer should be paying for half of your Medicare tax. As stated above, Medicare tax is 2.9% of your income, but as an employed individual, you only have to pay 1.45%, and your employer is responsible for paying the other 1.45%. Keep in mind, if you are a freelancer, contractor, self-employed person, or any other kind of worker, the business you work for is not responsible for paying the other half of your Medicare tax. If you are an employed person and you believe your employer is not withholding Fed Med/EE tax, contact your human resources department. If there are still concerns after trying to resolve this issue with your company, you can reach out to an IRS agent at 1-800-829-1040.     Individual taxpayers cannot list the Fed MED/EE tax as an expense on their income tax forms. Only Federal income tax can be listed as an expense for IRS purposes. Self-employed individuals who pay both the employer’s and employee’s share of the tax can list the employer’s 1.45 percent portion of the tax as a business expense on their company’s income tax, but not the employee’s 1.45 percent portion on their personal tax forms. Employers can find the guidelines on Fed MED/EE tax calculations at the IRS website: https://www.irs.gov/   FICA taxes are fixed percentage of your income, so you cannot lower the rate that you have to pay. However, you can reduce the amount of taxable income you have by claiming deductions, which will lower the overall amount you have to pay in to the IRS.   FICA EE is a common misnomer for the income tax, FICA. FICA stands for Federal Insurance Contributions Act, which is a total of 7.65% of your income. It is made up of both FED/Med EE (Medicare, 1.45%) and Fed OASDI/EE (Social Security, 6.2%) taxes. You typically will not see the term FICA listed out on your paycheck or pay statements since the individual Medicare and Social Security taxes are listed instead.    The subject of healthcare in America is not a new topic of conversation. In fact, it was a long road from the time the idea of a national healthcare program was proposed to the time it actually came to fruition. There were tentative plans and communication about a healthcare program throughout President Teddy Roosevelt’s administration, but it wasn’t until nearly 50 years later that the legislation went through and the program rolled out under the Johnson Administration. Medicare tax started out as 0.7% back in 1966. Just like today, employees paid half, and employers paid half. Over the years, the tax has increased to 2.9% and is projected to continue going up as the national healthcare program grows and evolves.   In addition to lowering the cost of healthcare for Americans, the main purpose of the Affordable Care Act has been to increase Medicare taxes for employees who earn more than $200,000 per year, decrease the cost of prescription drugs, increase premiums for wealthy people, offer preventative services free of charge (annual exams with physician, patient prevention plans, mammograms, etc.). According to healthcare.gov, the plans available through the Affordable Care Act Marketplace must include the following “essential health benefits”: Essential health benefits can be different depending on your state of residence. There are multiple plans employees can enroll for. Some of the additional benefits included in plans are: Essential health benefits list provided by Healthcare.gov.   The increase in Medicare tax on the highest earning individuals is called the Additional Medicare Tax. This applies to employees who make more than $200,000 per year, or $250,000 if you’re filing jointly with your spouse. The additional tax is another .9% on top of the 1.45% that all employees are required to pay for Medicare tax. The Additional Medicare Tax does not require employers to split the additional .9%, though – employees must pay the total of 2.35% Medicare tax themselves. Keep in mind, the Additional Medicare Tax is only applied to income that surpasses $200,000. If an employee makes $300,000 in a year, they will have to pay 1.45% in Medicare tax on the first $200,000 and 2.35% on the last $100,000. “Another result of ACA reforms is the Net Investment Income Tax (NIIT). The NIIT, also known as the Unearned Income Medicare Contribution Surtax, is a 3.8% Medicare tax that applies to investment income and to regular income over a certain threshold,” According to smartassetcom. “If your Modified Adjusted Gross Income exceeds $200,000 ($250,000 if you’re married and filing jointly) you may be subject to the NIIT. Examples of investment income that is subject to the NIIT include dividends, interest, passive income, annuities, royalties and capital gains. The 3.8% tax applies to the lesser of either your net investment income or the amount by which your MAGI exceeds $200,000 (or $250,000 for joint filers). That means the NIIT acts as either an extra income tax or an extra capital gains tax. You can report your net investment income on IRS Form 8690.”   "
ADA Bathroom Sink Height Requirements,"The United States government has established guidelines and requirements for bathroom facilities in order to protect the rights of the disabled. Imagine if you were in a wheelchair and needed to use a sink that was difficult to reach. What are the ADA Bathroom Sink Height Requirements to make sure facilities are disabled-friendly? With the passage of the Civil Rights Act of 1964, African-Americans were given protection against racial discrimination. In 1990, the Americans with Disabilities Act (ADA) extended the legal protections against discrimination to the handicapped. The ADA specifications are required in public buildings, they are recommendations for private establishments. As the American population ages, the number of people in wheelchairs or with walkers is also increasing. Handicapped people might use a sink as support against falling. Thus, builders must create a solid, stable sink free of any sharp, protruding edges on top, the side, or underneath. The ideal sink is mounted on the wall to allow a wheelchair to pass underneath. If you do not have a tape measure, you could set a chair under a sink and sit on it. Do your knees have plenty of space? Can you reach the faucet handles? The goal of ADA is to provide equal access to bathrooms for the disabled. The ADA has the following categories for knee clearance and sinks top height: At the Kindergarten level, knee clearance should be 19 inches minimum, and the sink top should be 24 inches maximum. At the Elementary level, knee clearance should be 24 inches minimum, and the sink top should be 29 inches maximum. At the Adult level, knee clearance should be 29 inches minimum, and the sink top should be 34 inches maximum. The ADA Bathroom Sink Height Requirements include a depth maximum of 6.5 inches. The knee clearance should also have a width of 30 inches and a depth of 19 inches. The disabled man should be able to position his wheelchair in front of the sink. ADA even suggests that the faucet handles should be push, lever, touch or motion sensor. "
How To Write An Affidavit For Child Custody,"One of the most contentious issues in any legal matter is that of child custody. Because these matters are often fraught with emotion, it can be difficult to separate facts from feelings. However, that is exactly the purpose of a child custody affidavit. Here’s how to write an affidavit for child custody. Affidavit Basics This legal statement is a sworn document that is typically witnessed by a notary before being filed at the court. The person who writes the affidavit is referred to as the “affiant.” A child custody affidavit is most frequently filed during the early stages of a divorce. Usually, the affidavit helps the court decide where the children will live while the divorce case is pending. The affidavits are an opportunity for both parties to state why they should have custody of the children, at least on a temporary basis. What Should Be Included in the Affidavit? An affidavit is a factual document, and it’s important to keep opinions and feelings separate from the facts. Affidavits that are clouded with argumentative or one-sided opinions usually do not help the affiant’s case. In fact, they may very well harm their pursuit of custody. That’s why it’s often necessary to draft several versions of the affidavit before selecting the one that will be filed with the court. Affiants should avoid phrases like: Better alternatives are “I witnessed” or “I observed.” Using these phrases leads to a statement of fact rather than opinion. These phrases also demonstrate the credibility of the affiant as they show that he or she has firsthand knowledge of the events. Whenever possible, include dates, times, and locations as these details may all lend further credibility to the affidavit. How To File Forms For Temporary Child Custody Formatting the Affidavit Some states have a form that can be obtained from the court’s website. Alternatively, the affiant may sometimes use a sheet of legal paper that includes the caption of the case. The caption includes the names of the parties to the case and the court-assigned case number. Most affidavits must begin with language like “I, (affiant’s name), do solemnly swear that the following is true to the best of my knowledge.” This is followed by a numbered list of facts with a signature and dateline at the end. Some affidavits will require notarization, so it’s important not to sign the affidavit until the signer is in the presence of a notary. "
How To Cancel A Contract In Writing,"U.S. law defines a contract as a legally binding agreement that places mutual obligations on the involved parties. Failure to stick to the terms of a contract can result in serious consequences. So, what happens if you have a legally binding contract — for example, a cell phone contract — that you no longer wish to adhere to? Legally breaking a contract can be difficult, but it is not impossible. The process of how to get out of a contract legally is referred to as “voiding” the agreement. Voiding a contract means the contract no longer has any force or effect, and that no party remains bound by its terms. In our guide below, we’ll share how to void a contract legally. When you’re trying to figure out how to rescind a contract, you must first determine if the contract is valid. Contracts require certain elements to be legally valid. Absent these requirements, some contracts are immediately voidable. Check if your contract includes these basic elements to see if it will hold up in court: Legally valid contracts require “legal capacity” from both parties. Parties must be both old enough to enter into a contract and mentally capable of understanding the contract terms. In most states, the legal age of majority is 18; however, in Mississippi the legal age is 21, and 19 in Alabama and Nebraska. Most states allow individuals to be legally “emancipated” by their state if they have the mental capacity, don’t live with their parents, can support themselves, and meet specific state guidelines for emancipation. A contract is not legally binding simply because someone is of majority age; it also depends on the type of contract. For example, a person may be able to purchase a car at the age of 16. However, they won’t be able to qualify for an auto loan, register a title, or get insurance until they’re 18. U.S. law does not recognize juveniles (those under 18 in most states) as having the legal capacity to enter into certain contract negotiations until they reach the age of majority. If they do enter into a contract as minors, U.S. law holds that the contract is not binding and thus voidable. Another cause to void a contract is “duress.” If you can prove that you would not have entered into a legally binding agreement had it not been for a threat or coercive tactic used by the other party to the contract, you can usually convince a judge to annul the deal. The cooling-off rule allows people to cancel certain sales contracts within a few days after signing. The Federal Trade Commission (FTC) states that consumers have three days to cancel (for a full refund) the sale, lease, or rental of consumer goods or services with a value of at least $25 outside the seller’s normal business. This FTC rule does not apply in certain circumstances. For instance, it doesn’t include sales made online or through the mail or telephone. It also doesn’t apply to sales at temporary locations that are under $130. Read your notice of cancellation rights for more details. It pays to check your contract carefully. If you have signed a waiver of the right to cancel, there is a good chance that you cannot use the 3-day cooling-off period to break a contract. Is there a “mistake of fact” in the contract? For instance, did one or both parties misunderstand essential terms of the contract to mean one thing when the other party meant another? If so, you may be able to void a contract. For example, if the contract identifies a vehicle with an odometer reading of 8,500 miles when in fact the number should have been 85,000 miles, you can argue that this mistake of fact voids the agreement. Or, was there a “mistake of law” in which someone misinterprets the law and thus signed the contract based on that mistaken interpretation? Unlike a mistake of fact, a mistake of law is not easy to prove, as it can be difficult to show that an innocent person was misled. A mistake of law only becomes a valid reason to void a contract when someone: In some cases, both parties may agree that a contract is no longer favorable. If the contract is no longer being followed, or can’t be performed, parties may mutually consent to terminate the agreement. Contracts can be formally voided in writing. If one party materially “breaches the terms of the contract“, the other party may be able to break the contract. Breaching can mean, for example, that a person fails to deliver goods or services as promised, or fails to pay on time. A breach can also occur through violation of non-disclosure agreements and violation of non-compete agreements. Contracts can be complicated, and the process of how to void a contract will depend on the terms and circumstances of the agreement, your age, mental capacity when you signed the agreement, and more. If you have questions about the validity of your contract or want to know if it can be voided, contact an experienced attorney for a free legal review. "
Best Way To Find People By Social Security Number,"One of the most popular and widely used identification numbers is the Social Security Number (SSN). Although the government told organizations they should not use this in every day transactions, the number has been used for employment, credit searches and crime records. There are many online search sites that permit people to look for anyone by using the Social Security Number and last name. On July 4, 1966, the Freedom of Information Act was passed giving individuals, landlords, employers and law enforcement officials more access to the numerous files detailing the life history of every American. This information is meant to be delivered on the “right to know” of the requester. Some families use the Social Security Number to check up on their loved ones. Many families tend to be very mobile and spread out throughout the country. For family reunions, birthdays or deaths, it makes sense for family members to search for that long lost cousin or aunt twice removed. This has been considered a legitimate search reason. The Federal Bureau of Investigation (FBI) has used the social security number for criminal records. These are the most complete files listing an individual’s name, phone number, job, address and crime. Credit reporting agencies have created financial files on consumers when they make a loan application. When an individual applies for a position or for housing, the employer or landlord has access to these personal files also. It has become quite easy to get a hold of a Social Security Number. The Reverse Social Security Number search is used on sites to verify whether the person matches his number. Usually, this search is conducted with a last name. Individuals, private companies, private investigators, banks, apartment complexes, local, state and federal governments are all looking up this private information every day. Companies have accumulated a lot of information about you and sold it to these databases to make money. The Social Security Administration (SSA) also allows searches to determine eligibility for benefits. The best way to find people by Social Security Number is online. There are many paid services – some government, some law enforcement and some family-oriented. There is an abundance of information: birth, marriage, arrests, taxes, credit history and bankruptcies may be included. "
Can I Start A Business While Receiving Unemployment Benefits?,"Unemployment compensation is a state-administered system under which people who lose their jobs through no fault of their own can receive a weekly benefit to assist them while they look for work. The entrepreneurial spirit is something that is usually encouraged in a person who wants to pursue the dream of owning a business, but doing so could affect the person’s eligibility for unemployment benefits. Although unemployment compensation laws vary from state to state, two common eligibility requirements are:   If you are laid off due to a lack of work or some other reason that is not your fault, you might be eligible to collect unemployment compensation benefits while you search for a new job. Most states require unemployment recipients to be ready and willing to accept work in any occupation that is consistent with their training or prior work experience. Benefits can be withheld from workers who limit the hours or days when they can work. Starting your own business while collecting unemployment benefits could affect your eligibility if you make money from the business. A person who accepts a part-time job while collecting weekly benefits must report the income to the state unemployment office. The result will be a reduction of the unemployment benefits in an amount equal to the income from the part-time job. Aside from the issue of money earned from a business affecting eligibility for benefits, another issue with a new business is one of the times. The time you devote to starting your new business takes away from the time you should be spending looking for a job. Officials at unemployment could also view your new business as a job and determine that you are now working and no longer eligible for benefits. The federal government is trying to encourage states to amend their laws to allow unemployed workers to retain their weekly unemployment insurance benefits while starting a new business. The Self-Employment Assistance program would provide incentives to states that allow unemployment insurance recipients to keep their benefits while starting a new business. Source: Small Business Administration, Self-Employment Assistance Center
https://sea.workforcegps.org/ "
Requirements For Canadian-American Dual Citizenship,"With the mobility, job opportunities, and wealth of modern families, the possibilities of dual citizenship are becoming increasingly lucrative. The United States and Canada share the language, history, culture, geography, and currency. Here are the requirements for Canadian-American Dual Citizenship. Both the United States and Canada follow the Anglo Law system. Thus, the following are the primary ways to gain citizenship in these countries: For normal citizenship, most people were both born and reside in the same country. Due to the conveniences of modern travel and common economic systems, more people are able to emigrate to other nations. They might meet someone online or read about a job opportunity in another country. The modern world enables people to move to another country within a matter of hours or days. The most common issue of Dual Citizenship is when someone was born in one country and resides in another for his or her job. The United States and Canada share borders, entertainment, and important infrastructure, like railroads. In modern culture, there are very few barriers between an American or Canadian working in either country.   How to get dual citizenship in Canada In order to gain Canadian-American Dual Citizenship, an applicant must have citizenship in one country and gain citizenship from the other through birth, marriage, or naturalization. Extended residency is also a possibility, but will also require the naturalization process. The Canadian Citizenship Act of 1947 is applicable to determine the requirements for Dual Citizenship. It largely affects the previous British citizens who resided in Canada and who were now given the option of becoming fully Canadian. The United States and Canada both acknowledge jus soli citizenship based on being born in the country. The United States citizenship law is basically incarnated in the United States Constitution. Those who have Canadian-American Dual Citizenship benefit from easier travel regulations, but must still hold an American passport and a Canadian passport. The holder of Dual Citizenship also must obey both nation’s laws, which can be difficult since there are points of disagreement. Check with your local government office and ensure that you express your desire for Dual Citizenship without renouncing your citizenship. "
Tax Benefits Of A Family Trust,"Estate planning allows a family to gain increased control, management, and access to their valuable assets. A Family Trust can be used to distribute tax exemptions and liabilities for specific asset classes. Here are the tax benefits of a Family Trust. The Family Trust allows grandparents, parents, and children to gain superior control over their assets. Federal, state, and local taxation rules create different levels of exemptions and liabilities adhering to each taxpayer. The Family Trust permits family members to allocate their exemptions and funds in different estate portfolios. During his lifetime, a parent will increase his income and purchase stocks, bonds, and real estate. Over time, this estate grows as well as the tax liability. A Family Trust allows the wealthy parent to distribute his assets and tax liabilities to his beneficiaries. Every year, the Internal Revenue Service has different exemption limits. The wealthy estate planner can determine how much he wants to give his beneficiaries based on said exemption limitations. For example, he can consider the “individual lifetime federal gift tax exemption” and allocate his gifts to the Family Trust to remain under the limit. How Family Trusts Work A married couple can use the Family Trust to distribute gifts to each other or their children based on federal and state tax exemptions. Using a Family Trust (Credit Shelter or AB Trust), the parents can transfer millions of dollars in assets without paying gift tax. They can designate the beneficiaries one by one and change the allocations to suit any changing needs. The ability to combine marital exemptions is called “portability.” The government is really cracking down on any wealth transfer – it has even created a tax especially for grandparents. The generation-skipping transfer (GST) was established through the Tax Reform Act of 1986 to close any loopholes for families distributing their wealth across generations. This could either include: A parent distribution to child and the child distribution to grandchild  The grandparent direct distribution to the grandchild In either case, the Family Trust allows grandparents to avoid or reduce this tax liability. "
How To File An Irrevocable Trust With The IRS,"The Irrevocable Trust is becoming a popular way for families to protect their assets from seizure by creditors. People have accumulated more wealth than ever before while also accumulating record debt levels. Here is how to file an Irrevocable Trust with the Internal Revenue Service (IRS.) The Irrevocable Trust is an estate planning mechanism aimed at protecting assets and reducing tax liabilities. The IRS (Publication 1635) defines the Irrevocable Trust as a “trust, which, by its terms, cannot be modified, amended, or revoked. For tax purposes, an irrevocable trust can be treated as a simple, complex, or grantor trust, depending on the powers listed in the trust instrument.” Many banks have been successful in using the courts to go after debtors with high levels of bad debt. The Irrevocable Trust has key advantages because creditors cannot legally access the money. The Irrevocable Trust is created by the original owner (or Grantor) ceding the use and income benefits of an asset from himself to the beneficiary of the trust. Usually, this is done from a parent to a child, but a grandchild or nephew can also be the beneficiary. Setting up the trust reduces the income tax liability of the original owner while ensuring that the beneficiary receives the assets in question. There are many requirements for filing an Irrevocable Trust with the IRS. The Trustee must fill out Form SS-4 to acquire a federal employer identification number (FEIN). The legal name of the trust, the Trustee name and address must be given to the IRS. Next, the Trustee should file the Form 1041 – “U.S. Income Tax Return for Estates and Trusts” with the IRS – if the Irrevocable Trust has more than $600 in taxable income generated annually. The Trustee must calculate the expected annual income tax liability of the trust. Also, filing the Schedule K-1 (a list of the distribution of income to beneficiaries) is also required. Income can be shifted to the Irrevocable Trust to avoid high estate taxes. The owner of the Irrevocable Trust has no power to amend the stipulations that govern the trust. The owner of the Irrevocable Trust can also be the Trustee, but cannot have any extra powers or authority beyond standard administration of said trust. "
Applying For A California Assistance Dog Tag,"Service dogs make it possible for people with disabilities to complete the daily tasks of living. In California, it is required for service animals to have an Assistance Dog Tag. Acquiring a tag is a simple process, and doing so ensures that the service animal will be able to accompany their human companion wherever they go. Preparing to Get a California Assistance Dog Tag A person applying for an assistance dog tag may be asked to prove that they are disabled. Officials are not allowed to ask the applicant to specifically identify their disability. However, the applicant should be able to truthfully attest that they are disabled and require a service animal. Sometimes the best way to do this is with a letter from a physician that simply states that the bearer is disabled and requires a service animal. The applicant must have the dog’s immunization records. Of particular interest to state officials is the documentation that shows that the dog’s rabies vaccine is up to date. Service animals do not need to be certified to receive an Assistance Dog Tag, nor do they necessarily have to have completed assistance training. Filling Out the Application Bring the necessary documentation to the local animal control offices. Workers there may inspect paperwork, and are permitted to inquire as to what types of tasks the service animal performs. However, the applicant is not required to inform the worker of the specific nature of their disability. An application form must be completed, and it is signed by the applicant after they have read an affidavit attesting to the fact that they are disabled and require the assistance of a service animal. Punishment for Misuse California laws make it illegal for anyone to obtain an assistance dog tag who is not entitled to one. Those who are not actually disabled or whose companion animal does not actually perform any helpful tasks may be punished by fine or imprisonment. Likewise, it is unlawful for many businesses to refuse entry to a dog that carries an assistance dog tag. Disabled persons with a service animal that bears the dog tag can take legal action in such a situation. Assistance dogs provide many beneficial services to their human companions. Obtaining an assistance dog tag readily identifies an animal’s service capacity and should grant them the right to enter most buildings in California. "
Avoid Paying Child Support Legally,"In the majority of divorce actions where minor children are involved, child support payments are ordered. Usually, payments are made by the non-custodial parent to the custodial parent on a schedule and in an amount that is agreed to by both parties or is ordered by the presiding court. However, there are several circumstances under which the parent who would normally be ordered to pay child support may legally avoid this responsibility. If both parents can reach a settlement agreement in which child support is refused, then the court typically complies with this request. Custodial parents may opt not to accept child support payments for a variety of reasons, just as there are numerous situations in which a non-custodial parent might reasonably expect not to have to make support payments. Most often, these agreements come about because the non-custodial parent has limited income or makes less than the custodial parent. Typically, these agreements are negotiated by attorneys and form a part of the divorce paperwork. In some situations it may be possible to end child support payments that have already been mandated by the court. Doing so sometimes involves a lengthy legal process that is in itself expensive. Moreover, some of the options are not particularly attractive or desirable. A court may grant an end to child support for a person who has lost their job or recently become incarcerated. The death of the other parent may terminate child support payments, as will a significant change in custody such as the children living more in the home of the parent who was paying child support. In some states, child support can be avoided legally if the child is 18 years of age. Other states may require child support until the age of 21. Other options are less frequently used. A parent ordered to pay child support may avoid the obligation by allowing the child to be adopted by another adult. Contesting the parentage of the children involved is an additional option. Minors who have themselves legally declared as emancipated or join the military are no longer entitled to child support payments. Legally avoiding payment of child support can be a complicated and time consuming process. Nonetheless, it is sometimes a realistic option. Hiring legal counsel is highly advisable for anyone hoping to legally avoid child support payments. "
How Does A Fingerprint Background Check Work?,"Over the span of your lifetime, the local, state, and federal governments will accumulate information about you. (And we’re not talking about the information you share with Siri.) From details about your family, education, housing, and criminal records. One of the ways your information can be gathered is through a fingerprint background check, which is a common part of applying for housing or employment. So, how does a fingerprint background check work, exactly? In this article, we will discuss the basics of what a fingerprint background check is, how it is stored by the FBI, and what kind of information it shows about you.   A fingerprint background check is used to pull up information about a person that is stored in a database. Regardless of what the check is done for, the data is collected and kept by the Federal Bureau of Investigation (FBI) in the Integrated Automated Fingerprint Identification System, which houses approximately 70 million criminal backgrounds. Prior to technological advances, fingerprint background checks were taken the old school way – by pressing a finger in ink, stamping it on paper, and uploading it to a database. But now, everything is done much more efficiently, on a scanner that records the fingerprint electronically. The fingerprint database will include your “rap sheet” consisting of any criminal arrest dates, charges, and the disposition of cases. Your fingerprints also identify basic information about your life, such as birth, name, address, and employment. Many times, a simple police report can be linked to these fingerprint records also. This could include vehicle accidents, insurance information, and statements you made. When you request the check, it might take a couple of weeks to a month to deliver results via mail. You can also choose the electronic application method for processing. You can have these fingerprint records authenticated (or a certificate of apostille) if you want from the FBI. If nothing was found, you will receive a written document attesting to that fact. Each state has its own regulations concerning the fingerprint background check. Many require the fingerprint background check for employees who work around children in the education system. Some states require the applicant to have a state-issued identification number showing it has the legal right to request such confidential information. The federal government has many sources for collecting fingerprints, including: Any data collected through written forms or spoken answers will be listed in your fingerprint background check. The most complete records linked to these fingerprints are stored with the Federal Bureau of Investigation (FBI). Just like your social security number, your fingerprints are used by the government to track information about you. When an organization wants your fingerprint background check for adoption, overseas travel, employment, licensing, or housing, it can make the request from a state identification bureau, FBI channeler, or the FBI itself. It must have the legal authority to access these personal records. In the past, it was assumed that fingerprint background checks were the best way to find out information about someone. Yet, that is not necessarily true. When someone has a fingerprint background check done, they are simply having their prints cross-referenced to their recorded criminal history. In the event that the person has a criminal history, the person or organization requesting the background check will be notified as long as the crime was filed with the person’s fingerprints. However, the details and results of the crime may not be included in this information. And sometimes, certain crimes will not even show up on a fingerprint background check if fingerprints were not taken at the time of the crime. Bottom line – there are tons of variables that may affect the thoroughness of a fingerprint background check, so it is not necessarily the best way to find out information about someone.   For more on background checks, check out how to order a criminal background check on yourself here. "
How To File An H1B Visa,"The United States government allows employers to hire workers in specialty occupations by assigning them an H1B Visa. These highly technical fields might be very hard to fill with native workers and production could be limited if these immigration exceptions are not granted. Here is how to file an H1B Visa. The United States Citizenship & Immigration Service (USCIS) has determined that certain occupations are so valuable that special work visas can be assigned to employees in these fields. The USCIS defines a “specialty occupation” as one requiring a theoretical or practical application of highly specialized knowledge. Usually, a master’s degree or higher is required in this type of field. The USCIS lists the following positions as the mostly likely to receive the H1B Visa: architects, engineers, lawyers, physicians and professors. This specialty has also been extended to accountants, computer professionals and economists. Foreign degree levels and specialized work experience will be compared to equivalent American standards to determine the applicant’s qualifications. Before even filing the visa application, an organization must file a labor condition application (LCA) to the United States Department of Labor proving that it is meeting all relevant labor laws. The wage offered must be commensurate to an employee in that job category. The LCA must be filed where the employee will do the work. A company must list its history, sales and number of employees. An organization headquartered in the United States must fill out the H1B Visa form (also called Form I-129). It must include its IRS tax identification number on all requisite forms. The employer must prove 1) that the employee in question works in a specialty occupation and 2) has the required qualifications. There must also be a job offer for the non-immigrant worker. If the relevant United States government agencies accept the application, then the non-immigrant worker will be given a temporary work H1B Visa. The LCA will list how long the employment is – that will be the length for the visa too, up to three years. Workers can have multiple employees fill out the visa application if there are multiple offers. "
Finding a Missing Person for Free,"Going off the grid is harder now than ever, so what happens when someone you know is nowhere to be found? One of the most devastating things that can happen to anyone in the disappearance of a loved one. Neither the pain nor the questions fade whether it is a recent disappearance or an occurrence that happened long ago. Sometimes, one is searching for a missing person who is simply an old acquaintance that can no longer be found. In any case, it can be possible to seek a missing person without paying the fees associated with private investigators. Before you rush to the police or post flyers on every street corner, consider why this person is missing. If you believe they have been abducted or are in immediate danger, go to the police as soon as possible. However, if you are simply searching for someone you have not heard from in a while, there are plenty of resources to help locate them. Maybe you were adopted as a child and want to look for your biological parents, but each time you search, they are nowhere to be found. Or, maybe your child’s father hasn’t been paying child support, and you’re unsure of his whereabouts. Keep in mind, the following methods of locating a missing person will not apply to every case. How you handle finding a missing person will depend on the situation, how long they’ve been missing, and if you believe they are in danger. If someone is missing and potentially in danger, the first step is always to file a missing person’s report. In instances of a missing child or other emergencies, call 911. A search will take place that will hopefully uncover the missing person. However, if there is no reason to suspect foul play and the missing person is an adult, you may need to visit a police station in the jurisdiction where the person last lived. The person will then be entered into a database that is accessible by other police departments throughout the country. After filing a police report, but sure to record the case number and officer’s name so you can reach out as needed to get updates on the case. Reaching out to hospitals, jails, and coroners in the missing person’s jurisdiction is another step you should take if someone has disappeared recently. This way, you can rule out accidents, death, and incarceration before you continue your search. If you believe someone has been incarcerated, simply get in touch with the police station closest to the missing person’s last known address. Here is a more in-depth look at how to find someone in jail. It is also advisable to reach out to multiple hospitals during your search. When you call, be sure to give a description of the person’s appearance; if they were in an accident and admitted to the hospital with no ID, the facility may not know their identity yet, so sharing what they look like is helpful. And lastly, get in touch with the local coroner to ensure the person you are looking for is not deceased. Google is the answer to everything. So before you take the time to explore the more tedious ways to find a missing person, try a simple Google search with the information you already have. Hopefully you have their name, but any piece of information may be able to uncover details about the person’s whereabouts. In most cases, you will end up on a site like White Pages or MyLife.com, where the directory will provide the most-recently collected address, phone number, and age available for the person. A lot of times, however, the information is not up-to-date. Speaking of online directories, there are several resources you can use that collect people’s information. If available on the web, these sites provide first and last names, addresses, phone numbers, and email addresses. Many online directories will require you to pay to search through their database, but here are a few free ones: Facebook has become a popular tool for locating missing people. Runaways may set up Facebook pages or stay active on their previous ones, which can put loved ones in contact with them. However, many more times, it is more effective to circulate a picture with as many details as possible. Include identifying marks, the clothing they were last known to wear, and last-known location. Even the smallest bit of information can lead to finding the person. Last, put out a call to action to spread the photograph around the web. Photos can reach hundreds of thousands of people all over the country within a matter of hours. Another trick to learning more about a missing person is to check the last time they were active on Instagram. If they are someone who is regularly on social media, this can be an important indication of when they went missing. To check this information, go to your direct message inbox and click on the last conversation you had with this person. Under their Instagram handle, you will be able to see the last time they were active on the app. Fortunately for anyone searching for another person, location-sharing has been incredibly popular over the past few years. If the missing person is a close friend or family member, it is very likely that someone in their life will have access to their phone’s location. iPhone users have a Family Sharing option that can be accessed via iCloud. If the person has it enabled on their phone, you will be able to track them. Another common method of location-sharing is the Find My Friends app, available on both Android and iOS devices. If the missing person has shared their location with you, you will be able to view where their phone is at – which is likely where they are located. A last-ditch effort you can try is Snapchat. There is a locator feature on the app, but it is not as accurate as Family Sharing or Find My Friends. The perk of this locator is that many people have their location shared with all of their followers (safe, right?), not just a select few. However, it only updates every hour or so and does not give you an exact location, but a general area that the person is in. If you do not personally have someone’s location on your phone, it may be appropriate to ask one of their friends or family members, depending on the situation. If the case involves a person in danger, the police may go to a cell phone company to track the location of the individual. Getting the attention of passersby is more difficult than it used to be; how often are people looking up from their cell phones when they’re walking from one place to the next? Nevertheless, if you are concerned the missing person is in danger, it is worth it to post photographs of them in local places like coffee shops, churches, hospitals, and parks. If it is a business or organization that you plan to post flyers at, be sure to get permission first or they may be taken down. The National Missing and Unidentified Persons System, or NamUs, is used by law enforcement officials throughout the country to help find missing people and identify the remains of those who have been found. Anyone can view the database and those who register with NamUs can add their own information. NamUs is run by the U.S. Department of Justice. Sites like Craigslist offer free ads that serve a variety of purposes. One of these is to locate missing people. Craft an ad with a picture and place it in sites like these in every area where the person may be. Include a link to a website or social media page and urge people to share the information in person and online. Remember to keep track of where the ads were placed so they can be removed when the person is found. This one only applies to those concerned about the safety and well-being of the person they are looking for. If you are trying to track down your child’s father that owes you child support, News Channel 21 may not be the best place to turn. However, if you have filed a police report and the person is still missing, it is a good idea to cooperate with the media to tell your story and share photos and information about the individual. Typically the outlet will give viewers a tip line or direct phone number to reach out to if they have additional information regarding the search. If the missing person has their driver’s license, you may be able to get ahold of some information from the DMV. Some DMV’s will release addresses and dates of birth, but it is all dependent on the state’s laws. Privacy laws are stricter in some states, which would not allow you to obtain any information from them. If you are trying to find a missing person that has been away for an extended period of time, look into public and state records. While these records may not point you to the exact location of the missing person, they may be able to uncover details about the individual that you were struggling to find before. Public and state records are kept for things like bankruptcy, birth, death, divorce, marriage, and crime. You can also look into public records about professional licenses, like cosmetology, nursing, counseling, therapy, law, and medicine. If you find that the missing person recently got their license in counseling in the state of Indiana, you may be able to narrow down your search and find their place of work. If you have exhausted all of your options and have still not found the missing individual, you can go to the United States Department of Justice website to request federal records. The Freedom of Information Act makes it legal for you to request and view military records, IRS filings, pilot licenses, and some post office records. However, once you request any of the above information from a federal agency, you may not receive a response for nearly six months. Lastly, if you are still unable to find the missing person with these free resources, consider hiring a private investigator. While it may be expensive, finding the missing person can be worth the cost. Private investigators will have connections at police departments and hospitals, as well as expertise in uncovering details that you may not have thought about before.   So, did you file a police report for a missing person yet? If so, check out this guide on how to obtain police reports. "
How To Write An Accident Report,"Usually, a police officer will be called to the scene of an accident. If a police detective is not available, drivers might need to write their own accident reports to ensure there is documentation of the car accident. Here is how to write an accident report. Usually, if an accident was minor, then participants might not want to bother calling the police. For insurance and legal purposes, it is wise for someone to fill out an accident report. If you have been in an accident, there are three main categories of information that you will need to report: Try to be objective. Write down the time, date, and location of the accident. You will need to be very detailed with not only the city, county, and state, but the cross streets and exact position on the street where the accident occurred. Note any debris or skid marks also. Take pictures if you can. Environmental factors could include the amount of light (natural or artificial), street conditions, amount of traffic, and weather. Note any significant landmarks, especially property that might have damaged: signs, fences, or buildings. If there was property damage, including the name of the owner, address, and estimated cost of damage. Next, note the primary drivers involved in the accident – reporting and other parties. Other people listed would include passengers, drivers not-involved, and bystanders. Include name, age, gender, home address, and contact information for all the people. For the drivers add driver’s license number and insurance policy. List all injuries (and deaths) with the name, severity, and hospital if applicable. The third stage is to recreate the position, velocity, and vehicles on the scene. What is the vehicle type, make, model, and year? Include license plate information, number, issuing state, and year of expiration. List the original location of each vehicle on the site and velocity (direction and speed) before impact. Next, note the position of all parties at impact. Finally, show where the vehicles ended up after the accident. Describe the damage to the vehicles along with the cost of repairing them. Can the vehicle be salvaged? People should be able to understand what happened by reading your accident report. In the end, sign and date your accident report to make it official. "
How Do Michigan Quick Claim Deed Laws Work?,"Michigan is a state with great wilderness and plenty of thriving cities. Due to American Federalism, each state can create their own system to manage their populations. Here is how Michigan Quick Claim Deed laws work. The Quick Claim Deed is used to transfer property quickly avoiding the process of verifying ownership, warranties and liens. Two parties attest to the transfer of the property with the simple verbiage of the seller “quitting claim” to said land for the mentioned sum. This is beneficial to those who want to resell the property immediately. In the fast-paced modern real estate market, many people prefer the quit claim process because it avoids the paperwork of the standards deed process. Michigan has developed their own Quick Claim Deed Form with its own characteristics to assist in the conveyance of property. The applicant using the Michigan Quit Claim Form has to fill in the file number, name of drafter and person to return the form to “when recorded.” Next, the seller fills in his name and address. The seller “quit claims” to property, address and county in Michigan. The seller must carefully describe the property with tax parcel number, common name and sum involved. The final statement of the Quit Claim is unique to Michigan: ‘If the land being conveyed is unplatted, the following is deemed to be included: “This property may be located within the vicinity of farmland or farm operation. Generally accepted agricultural and management practices which may generate noise, dust, odors, and other associated conditions may be used and are protected by the Michigan Right to Farm Act.” ‘ Much of the urban Detroit environment is returning to wilderness. This statement reiterates the right of owners to farm land that is unplatted or not zoned. The bottom of the form has a place for the notary public. The Michigan Quit Claim Deed must be deposited with the Michigan Registry of Deeds. Michigan land transfer tax will be applicable if a financial profit was made by the conveyance of said property. This might not have occurred from the original transfer, but might be applicable if the new owner sells the property – the profit is the overage price versus the fair market value. "
Can I Get a Free Lie Detector Test?,"There are many reasons one might desire a lie detector test. It could be to verify suspicions regarding spousal behavior, determine the honesty of a teenage child, or simply for a project that requires the use of a polygraph machine. However, lie detectors can also be extremely expensive and difficult to find. Though it is rare to get a free lie detector test, there are ways to lower the cost. There are a number of online services that purport to have free lie detector software. They often require that individuals enter credit card information to receive results, which is conspicuous at best. There are some that are completely free to use, though the accuracy is questionable. Though the process is similar to free lie detection tests available online, those that are purchased are much more complex. Lie detection software comes in a variety of shapes and sizes, but the price can be as much as 1/10 of that of a traditional test. It is important to research different lie detection software packages. Some are well respected while many others are simple novelty items. A personal polygraph machine costs far less than the price of a polygraph exam. Though the accuracy is always in question when not used by a trained professional, the lie detector machines themselves are purported to be accurate. Even more attractive is the fact that the machine can be used multiple times or sold to someone else who may desire to own it. Voice tests use sub-audible tremors in a person’s response to detecting whether not they are telling the truth. A voice test can be conducted over the telephone, which is easier than traveling for a traditional polygraph and less expensive as well. Though the price of a voice test varies, the cost can be as much as half the price as a traditional polygraph test. The best polygraph a private individual can use is one that is conducted on professional equipment by those who are trained to use them. The cost of these lie detector services are often hundreds of dollars. However, it is sometimes possible to contact a professional and negotiate a lower price. This is especially true of students who are using the test for special projects or reports. "
The Best Way to Find a Pro Bono Divorce Lawyer,"Even in the best circumstances, divorce is difficult. In most cases, emotions run high while funds run low. Divorcing couples usually find themselves with half the funds they once had while debt continues to run high. Perhaps the couple was already deeply in debt, or maybe one partner has frozen the assets. Whatever the situation may be, sometimes it is needed, and possible, to find a pro bono divorce lawyer. There are many instances in which one spouse makes a great deal more money than the other. A judge may order that one spouse pay for the other’s legal fees if the higher-earning individual is fairly well off. A lawyer may take a case based on the premise that a judge will make this order. There are times that a judge will order that the higher-earning spouse only pay partial legal fees, in which case the other spouse must make up the difference. The Bar Association for each state should have a list of attorneys who provide pro bono, or free, services to individuals attempting to divorce. Some of these attorneys are relatively new and seeking experience, but many are those who are simply desirous of doing a good deed for those who need it the most. Generally, these services are reserved only for those who truly cannot afford to pay. This means that the divorcing individual will need to show proof of income, debt, and expenses. Legal aid, sometimes called legal services, is a type of organization that provides help to people with low income. Legal aid often puts individuals in touch with attorneys that will offer advice or full services. All processes are need-based. A quick call to the county courthouse can put one in touch with a facilitator. While a courthouse facilitator is not an attorney, they can help an individual file for divorce on his or her own behalf. The facilitator will make sure the correct paperwork is filed in the appropriate location. They may sometimes be able to help calculate the correct amount of child support and/or alimony that should be requested. A courthouse facilitator is an ideal choice if neither party can afford an attorney. Many divorce lawyers will offer a one-time consultation for a reduced fee in order to help individuals who do not qualify for other programs but still need a lawyer to help with certain situations. When consulting a lawyer, individuals should make sure they know in advance exactly how much will be charged and what will be covered in the allotted time. "
Best Way to File for Bankruptcy in California,"Bankruptcy is not an easy prospect for anyone. Individuals must consider all of their options before they choose this option. However, there are ways to simplify the process once bankruptcy protection is sought. California law can be complex, which is why it is important to consult a bankruptcy lawyer. Individuals opting for bankruptcy in California may choose either Chapter 7 or Chapter 13 bankruptcy. Chapter 7 bankruptcy is sometimes referred to as straight bankruptcy. This form requires that non-exempt properties be sold, often by the court. These are then used to pay all or part of the debts owed to creditors. Loan holders are also given the right to reclaim the property they own, including automobiles and homes. The remaining debt is forgiven. Chapter 13 bankruptcy requires a reorganization of debts. The law allows for individuals to set up a three to five year payment plan on all debts, which keeps homes and automobiles intact. Those who wish to restructure their debt, rather than have it forgiven, must show that they are able to pay loans over a period of time. The first thing a bankruptcy attorney will tell individuals to do is to gather the appropriate paperwork. This will include at least six months of payment documentation. This document must be issued by an employer either physically or electronically. Any income from other sources must be verified as well. If there are any savings accounts, retirement accounts, or life insurance policies, those documents should be gathered as well. Likewise, it will be necessary to have up to four years of income tax returns available. Information about all debt is also necessary. This includes credit cards, house payments, vehicle payments, alimony or child support, and student loans. Any regular bills should also be presented in order to show monthly responsibilities. Find proof of at least six months of utility bills and insurance premiums to present to the attorney. The best way to file for bankruptcy in California is to hire an attorney. Though some may choose to file on their own behalf, the law is far too complex for most people to adequately understand. Likewise, individuals who fear they may not be able to afford attorney fees can find solace knowing that they are likely to save more when utilizing attorney services than when filing on their own. There are special tips for finding the best bankruptcy lawyer. First, make sure the attorney specializes in bankruptcy. Do some research online to find out how long the attorney has been practicing in that field and where he or she obtained the law degree. Also check to make sure that the attorney belongs to the National Association of Consumer Bankruptcy Attorneys. Though this is not necessary, it can be a helpful tool when choosing between multiple lawyers. Last, meet with those attorneys that offer free consultations. It is important to work with someone who is straightforward and honest, which can generally be determined during that first meeting. "
What Are The Potential Problems With Applying For A Green Card In Marriage?,"The United States is well-know as the nation built upon immigration. Unfortunately, with a bad economy and terror threats, the country has become more difficult to move to. Here are some of the potential problems with applying for a Green Card in marriage. The primary goal of the marriage Green Card process is to prove the validity of your relationship by sharing intimate details and joint financial contracts. There is a challenge because of three factors: 1) potential fraud, 2) lower American marriage standards, and 3) the stress of revealing intimate details. Go online and you will see plenty of “available” foreign women who want to reach the United States. Marriage fraud is increasing as employment-based paths to immigration are being restricted. One problem is that after receiving a Green Card, a wife can make false claims of physical abuse and easily avoid any responsibilities in the marriage. Some know how to manipulate the system. In a nation that has a Las Vegas “drive-thru” divorces and a divorce rate above 50%, it can be difficult to gauge a real marriage. If an immigrant “gold digger” marries a wealthy man and gets a divorce after receiving a Green Card, she can argue that she is just being “American.” Who can dispute the claim? Immigration officials ask very personal, intimate and confidential questions during the Green Card application process. This can be embarrassing and reveal potential problems in the relationship. Spouses will begin to question some elements that they might not have considered before. Some people are wondering about separation. While an official legal separation or divorce will void the Green Card, can a temporary separation derail the process? Generally, the immigrant official is looking for a happy, traditional marriage for the Green Card. The paradox is that the immigrant official is looking for honesty. But if a spouse is honest about problems in the relationship, it could lead to the rejection of the Green Card. Marital problems are a natural element of a successful marriage. But having spouses argue in the presence of the immigrant official (while it may be normal at home) may not be wise when applying for a Green Card for lawful permanent residence. "
Is Inheritance Taxable?,"There are many types of inheritance. You can inherit cash, land, vehicles, stocks, money that was saved in a retirement account, rental property, a business, equipment, a payout from a life insurance policy and so on. Many times an inheritance will include a mixture of different assets that were saved and accumulated in different ways. In most cases, your inheritance is not taxable. Whether you receive money that was in a bank account, cash that was squirreled away somewhere, a direct payout from a life insurance policy or a house, you will receive it free and clear. However, there are some instances in which you will pay taxes on something that you have inherited. Inheriting an IRA or 401k One important and common example of this is an Individual Retirement Account (IRA) or a 401k. If you inherit this type of asset, the money will be taxed eventually. How much tax is assessed will depend on if the account was funded with pre-tax or post-tax dollars. If pre-tax dollars where used to fund the account, the entire amount of each distribution will be taxed. If post-tax dollars where used to fund the account, only the interest that has accumulated on the distribution will be taxed. This latter is because the money was already taxed before it was put into the account. Regardless, the money will not be taxed as long as it remains in the account. Selling an Inherited Property If you inherit a home, land, stock, etc. and sell it, you may be taxed on some of the proceeds. The property is given a fair market value, which is based on what it was worth when the decedent died in most cases. If you sell the property for more than the fair market value, you will pay taxes on the gain. If you sell it for less than or equal to the fair market value, you won’t be taxed on the money at all. Earning Money from an Inheritance Any money you make off of an inherited asset will be taxed, just as any other income would be taxed. If you inherit a rental property, the rent you make off of it will be claimed and taxed each year. The same goes for dividends from an inherited stock and money made from an inherited business. Tax laws can be tough and complicated, but with this handy guide you will be able to determine the taxable status of the most common types of inheritance. "
How To Use A Small Estate Affidavit,"As the world seeks faster and cheaper solutions to common problems to handling financial matters, the traditional probate court process has become overly burdensome in terms of time and money. When an estate consists of a small home or few valuable assets, then it can qualify as a Small Estate. The Small Estate Affidavit can be used to expedite the asset distribution process after someone dies. While a close family member could fill out the Small Estate Affidavit, the information and duties present in the form are really better suited to the executor or personal representative of the Deceased’s estate. The primary function is to provide a list of relevant information for the probate court in order to accelerate the process of distributing the real property. The person who fills out the firm is called the Affiant. The Affiant must estimate the gross value of the estate before even starting to fill out the form. The definition of a Small Estate varies by state, but is generally below $100,000 or $150,000. Imagine the price of a small home. Some states will not accept the Small Estate Affidavit. The first item to be filled in for the Small Estate Affidavit is the mailing and physical address of the Affiant. Next, the relationship of the Affiant and the Decedent must be established and confirmed by answering the following questions: Deceased name, residence at time of death and date of death. The Affiant must attach a copy of the death certificate to the form. Were all funeral expenses fully paid? Was there a will? And if the Affiant has possession thereof, how did he get the will? Are there any codicils to the will? A list of surviving spouse and children must be made along with residence addresses. The list of debts to persons and organizations must be listed also. One of the most important sections is the list of fair market value of personal property and the intended recipients of said property. The Affiant must testify if he knows of any disputes or potential conflicts regarding heirship. When completed, the executor should present this form to a probate judge. Then the executor can commence with his administrative duties of distributing assets to the heirs. "
What Is A Trustee’s Deed Upon Sale?,"When property has been placed into a trust, then the Trustee gains legal control to make decisions on the behalf of the beneficiary. If a beneficiary falls behind in making payments on his property in a trust, then the property can be foreclosed upon. Here is a description of the Trustee’s Deed Upon Sale. A Trustee holds property on behalf of another party. This could be for an underage child or a senior citizen as a method of estate planning. The Trustee’s Deed Upon Sale is a process for transferring property that has been foreclosed upon. Due to his legal authority, the Trustee can complete legal transactions without the use of courts. The terms for this action are the following: 1) the Trustee is the third-party authority, 2) the Trustor is the borrower and 3) the Beneficiary is the Lender. When the Trustor borrows against his property, he creates a lien on said property. If the trustor fails to complete his duties for making payments on a property in a trust, then the Trustee can foreclose upon said property. The Trustee will issue a Notice of Default (NOD) to the delinquent Trustor. Every step of this process is carefully recorded. The Trustor has 90 days to pay all the penalties and fulfill his financial responsibilities. If the Trustor does not satisfy these requirements, the property will be sold. More people are creating more complex estate planning legal protections, like Trusts. As parents age, they may have valuable assets that could be lost due to their making improper decisions. By establishing a responsible Trustee, family members can ensure that all legal procedures are followed and the valuable assets of an estate are well-protected. The Trustee’s Deed Upon Sale must be publicized for three weeks. The highest bidder at the courthouse auction receives the property. The Trustee’s Deed Upon Sale is a faster process than the traditional foreclosure process. Many courts are being bogged down with a large docket of foreclosed homes. The Trustee’s Deed Upon Sale enables buyers of the property to take advantage of any prime real estate market conditions. It is another valuable option that ensures that the legal rights of the Trustor and Lender are fully respected. "
How Do I Get A Restricted License After A Dui Conviction?,"DUI convictions are serious ones that come with severe consequences. People who are convicted of driving under the influence almost always have their driver’s licenses suspended or revoked for a period of time. However, people who must commute back and forth to work or school might need to be able to drive, especially if they live in rural areas where public transportation isn’t abundant. In some cases, people may be issued restricted driver’s licenses that allow them to drive for business purposes, which includes driving to work, school or church. Even before people are convicted of DUIs, they lose their driving privileges in most states just upon being charged with them. Most states immediately issue people charged with DUIs temporary licenses that last between 30 and 60 days to allow them time to find an attorney, plan their defense and work on getting a restricted license. Usually, the arresting officer will confiscate the offender’s license and issue him or her a citation that serves as a temporary license. Within the first 30 days of being charged with a DUI, however, offenders can schedule an administrative hearing with their DMVs to attempt to obtain a restricted license. In the administrative hearings, usually a preponderance of the evidence is considered to determine whether or not people can receive a restricted license that allows them to continue driving while their cases are ongoing. People who weren’t granted a restricted license before their convictions might still be able to receive them after their convictions. Each state has different laws that govern work-restricted licenses for those who need their driver’s licenses to commute back and forth to work. In order for some states to agree to grant work-restricted licenses, they might require that the offenders have ignition interlock devices installed in their vehicles that monitor their blood alcohol content levels by periodically requiring the drivers to blow into the devices while driving and before even starting up the vehicles. People can apply for work-restricted driver’s licenses at their local DMVs. In order to obtain restricted licenses, they must also comply with all their court-ordered provisions, such as any alcohol treatment programs and probation requirements. People who are convicted of DUIs lose their driving privileges for a certain amount of time. However, those who need them for work purposes might be able to get licenses that allow them to drive solely for getting back and forth from work and school. "
What If You Refusee To Sign Divorce Papers?,"Some people might not want to end their marriages even though their spouses do. Therefore, they might want to simply refuse to sign the divorce papers in hopes that will force the other parties to stay married to them. However, in reality, refusing to sign divorce papers only delays the inevitable and makes it more difficult for the parties seeking divorce to obtain them. While refusing to sign divorce papers might buy the party against divorce more time, generally, someone cannot be forced to stay married to another person. Some people might refuse to sign divorce papers not because they want to stay married to the other parties, but because they don’t agree with the stipulations laid forth in the divorce papers. In such instances, compromises and negotiations can be made until terms that both parties can agree to have been reached. If an agreement cannot be reached between both spouses, then the matter must go before the court for a hearing and can even lead to a trial. There are two types of divorce: no-fault and fault. In fault cases, the reasons for the divorce are considered, such as whether one party committed adultery and broke a marriage vow. In such cases, the party that broke a vow might not be awarded as much property as the other party. No-fault divorces don’t attribute blame to either spouse for the end of the marriage, so adultery and other fault-related actions are not considered in no-fault divorces. In no-fault states, refusal to sign divorce papers will not result in the divorce not being granted. In fault states, refusal to sign papers will generally result in a trial, but in almost every case the judge will find that there were grounds for divorce since one party does not want to be married to the other. Additionally, each state has different rules governing divorce, so reasons for divorce that are recognized in one state might not be recognized in others. Most of the time, accepted grounds for divorce in most states are irreconcilable differences and separation. Although both parties might not want to get a divorce, refusing to sign divorce papers will not necessarily stop the divorce process. At best, it might only delay it and allow the party who wants to stay married more time to try to convince the other party to do so. "
Legality Of Tape Recording A Conversation?,"There are many situations in which recording a conversation with another person might be convenient. Reporters interviewing the subject of a news story might wish to record the session to ensure accuracy. A consumer embroiled in a dispute over a bill might decide to record a telephone conversation with the creditor’s representative to use if the matter goes to court. Depending upon the circumstances or the situation, recording an in-person or telephone conversation might be a good idea, but care must be taken not to violate the law. <b>Laws Controlling the Recording of Conversations</b> Most state legislatures have enacted laws governing the recording of conversations, but states differ on the procedures that must be followed in order to avoid violating the laws. Federal law also restricts the manner in which conversations are recorded. Under federal law, at least one of the parties to a conversation must be aware that it is being recorded. This is also the law in a majority of the states and in the District of Columbia. A conversation between two people could be legally recorded by one of them because the person doing the recording is aware of it. The same holds true for conversations involving three or more people where the person recording the conversation counts as the consenting party. A person engaged in a conversation with another individual might violate the law if a third party joins the conversation. As long as the person doing the recording is part of the conversation, it is permitted in those states and under federal law requiring only one-party consent. Problems arise when the party recording the conversation leaves, but the recording device continues to operate. Under those circumstances, the departure of the person with knowledge of the recording could make continued taping illegal. <b>Multiple-Party Consent Rules</b> States that do not follow the one-party consent rule have enacted laws making it unlawful to make a recording unless all parties to the conversation consent to it. If a new individual joins a conversation that is already in progress, that person must be informed of the taping and must consent. <b>Effect of Court Decisions</b> Care must be taken in states where the law requires the consent of only one party to a conversation for it to be legal. Courts have interpreted the laws in some one-party consent states to require the consent of all parties to a conversation. An example of this is the state of Nevada. "
Getting A Refund On A Western Union Money Order,"Western Union is a convenient way for people to instantly send money to other people, no matter their locations. However, situations might arise in which the money gets lost, stolen or the senders might simply change their minds about sending the orders and want to retract them. Getting a refund for a Western Union money order is possible with the appropriate documentation and by going through the proper channels. People can fill out a Trace/Refund request form to track down where their sent money is and request a refund of it. In order to get a refund, though, people generally must go to the original Western Union locations where they purchased their money orders and have their receipts in hand proving their purchases of them. It is also a good idea for them to know the serial numbers of the money order as well as the amounts that they sent because as long as they know this information, they can still fill out refund request forms even if they don’t have their receipts. If people don’t have their proof of purchase receipts and merely fill out refund request forms with the serial numbers and amounts of the money orders, then they must call Western Union’s customer service number and speak with a representative to obtain a Western Union affidavit that verifies their identities. Such affidavits serve as substitutes for proofs of receipts. When individuals have the affidavits sent to them, then they fill them out and have them notarized to make them valid. How Do I Transfer Money from India to China? Processing fees are required to: The amount of the processing fee depends upon the amount that the money order was for. People who act promptly and file for tracking and refunds of their money orders before the orders are cashed can expect to receive their refunds more quickly. Usually, if the money orders haven’t been cashed yet, then they can expect to receive their refunds within 30 days or less. However, if the money orders have already been cashed, then Western Union might require an investigation to be conducted into the money orders. They might also require bonds of surety to issue refunds too pending the results of the investigations, though. Receiving refunds for Western Union money orders is possible, although it might take a bit of time. Still, when people send large amounts of money and need it back, it might be worth the wait and hassle for them to get their money back. "
Who Is Responsible For Paying Medical Bills After Death?,"The health care, medical and hospital bills for many Americans can accumulate very rapidly. When someone dies, the heirs might wonder if the medical bills die with him. Who is responsible for paying medical bills after death? When the Deceased has a will, the property will be distributed into the legal entity called the “estate.” This creates a solid asset base, which can be decreased or increased based on claims against it. The executor or personal representative of the estate will be responsible for adding up the value of all the personal property in the estate. Using accounting terms, these will be totaled as the Credits. Next, the personal representative of the estate will tally up all the Debits. This could include: The executor will compare the Credits and Debits to determine if there are enough assets in the estate to pay all the bills. If there are enough assets to pay all the bills, then the estate is considered to be Solvent. The assets will be used to pay off the debt. Anything leftover will be given to the beneficiaries. An Insolvent Estate involves a situation when the Debits are higher than the Credits. The executor of the estate must follow applicable federal or state law to prioritize bills for the distribution of assets. Usually, debts owed to the government will be paid first. The executor can make full, partial, or no payment to the different creditors making claims. In the end, beneficiaries are unlikely to inherit anything from the Insolvent Estate. They also will not be held responsible for any of the medical bills. How Many Americans Go Bankrupt Due to Medical Purposes Each Year? The important factor to note when there are medical bills and no will is that those who “make claims on the estate assets also have responsibility for paying off the debts of said assets.” The “heirs at law” or “beneficiaries” will inherit both credits and debts when there is no will. Most medical debt will be subtracted from the total value of the personal property of the deceased. Thus, because there is no credit to inherit with a medical bill, the beneficiaries will not inherit the debt. "
How to Press Charges After an Assault,"Are you the victim of an assault? Maybe you know someone who is, or you’ve witnessed one take place. Either way, an assault is a serious offense in the eyes of the law, and pressing charges against an individual or group of people is an effective way to begin the process of finding justice, closure, and peace. Whether you’ve seen an assault happen or experienced it firsthand, it is extremely important to know what your options are. Here’s a look at how to press charges after an assault: Whether you are the victim of an assault, or you’ve found yourself being the aggressor (or assailant) in a physical altercation, knowing the terms and consequences is important so you can properly protect yourself. Let’s dive into the types of assault charges you can file. When it comes to pressing charges, many people will use the term assault to describe what happens when an aggressor harms a victim. However, there are many different terms that are used when describing these crimes. A lot of times you will hear the terms “assault” and “battery” used interchangeably. And while they naturally overlap, there is a difference between the two when it comes to specific charges that can be filed against a person. By definition, an assault occurs when one person commits actions that put another person in a situation where he or she can reasonably fear that he or she will be physically harmed. Battery, on the other hand, is when the aggressor physically harms someone. Both assault and battery can be classified as civil or criminal. This is an attempted battery or threat. The aggressor must have the intention of hurting the victim, regardless of whether they do or not. To be considered simple assault, it must be reasonable for the victim to believe that the aggressor was going to harm them. There also must be some sort of harm involved, whether it is physical harm or the fear of physical harm. The consequence of a simple assault usually results in a misdemeanor. Aggravated assault, on the other hand, is more involved than simple assault. These crimes typically involve the use of a weapon and result in serious injury to the victim. When being tried in court, the crime is normally classified as a felony depending on the harm. Battery is when an aggressor follows through with physically harming someone. Both assault and battery are criminal acts and are punishable by court. The most common punishments for assault and battery are jail time and fines. Keep in mind, some jurisdictions join the terms assault and battery to describe cases that involve elements of both crimes. When you have made the decision to file charges after an assault, you need to visit your local police department. For whatever reason, if you are not physically able to visit the police station, you may call them over the phone. All you have to do to kickstart the process is express that you want to press charges. From there, the authorities will request follow-up information from you in order to accurately fill out the assault report. Generally, this information includes: In many assault situations, the victim does not know their assailant; in this case, the authorities will simply ask for descriptions of them. Throughout this initial process, the person filing charges may need to release any information about potential witnesses, as well as details in writing. And while your memory of the incident is pivotal, don’t let a lack of memory deter you from turning someone in for the crime. After filing the charges, remember to keep a record of the assault report, as well as maintain the integrity of any evidence you have in your possession that could help the authorities. If you are looking to press charges for an assault, or if you already have pressed charges, it is advisable to find legal representation. Victims who have been harmed by an aggressor in an assault should hire a personal injury lawyer. The attorney will be able to help you pursue a lawsuit against the aggressor for the physical and mental damages they have caused. If you are the one being accused of assault or battery, look for a criminal defense lawyer to represent you. However, if the victim is suing you for their injuries, hiring a personal injury defense lawyer will be your best bet. After police officers obtain the details that they need from the victims, they will then issue the victim’s copies of the reports that they filed. After that, the complaints will be taken to the prosecutor’s office where the prosecutor will look over the report to determine whether or not he or she believes there is enough information contained within the report to prosecute the assailant. If the prosecution believes that there is enough evidence to prosecute, then an arrest warrant will be issued for the assailant’s arrest from the judge. Additionally, police officers will investigate the crime further to obtain any additional evidence. If the aggressor is prosecuted for the crime, the victim may be able to receive some financial compensation from the government, as well. This is known as the Crime Victim Compensation, which is intended to help with expenses accrued from medical bills, therapy, lost income, and funerals. When an assault happens, some people are afraid to file charges on their assailants for fear of retribution. However, when filing assault charges, people may also seek to obtain orders of protection from the court as well, which are, essentially, restraining orders that if violated will result in the arrest of the assailant. Such orders require that the assailant not come within so many feet of the victim or any location where the victim is believed to be. Pressing assault charges might sometimes be necessary for some people to put incidents behind them and receive a sense of closure. However, they should ensure that they follow the appropriate procedures to do so to ensure their safety and the successful convictions of their assailants. The amount of time you have to press charges for an assault depends on your state’s statute of limitations, which typically ranges from a couple of years to six years. However, it is always advisable to report the crime regardless of how long it has been. The sooner you press charges for the assault, the better the investigation will be. Keep in mind, in instances where people are assaulted but police officers were not called on the scene or did not arrive on the scene in time, people can still press charges against their assailants by following the appropriate channels. To learn more, here’s a look at how long do you have to file a police report. There are many variables at play when it comes to the criminal justice system. If you or someone you care about needs legal assistance concerning an assault, get a free case review from a local attorney. "
How To Sign Over A Car Title To Someone,"The title to a car is perhaps the most important document associated with it because it denotes the right of ownership to it. When people sell their cars, simply receiving money for the car and handing over the keys to it does not completely turn over ownership of the vehicle. Another very important step must be completed, and that is the step of signing over the title of the car to the purchaser of it. Although the specific process for signing over a car title to someone varies from state to state, the basic procedure is relatively the same in each state. The owner of the vehicle must locate the current title of it. Without a valid title of a car, the car cannot legally be sold. Car owners who have lost their titles or their titles became damaged can apply for lost titles for a fee from the Department of Motor Vehicles where the original car title was issued to them.   The sale details for the sale that was made must be documented. Some states have provided blanks on the titles themselves to accommodate for sales that transfer ownership, whereas other states might require that buyers and sellers present a bill of sale and a signed document containing information about the car sold and the transaction. Bills of sale can usually be obtained at DMV offices, generic ones can be found online or people can simply draw up their own. Some of the information that must be contained in such documents includes: If the car was given as a gift, then the price of the car would simply be denoted as $0. The last step to signing over the title requires that the current owner(s) of the car and the future owner(s) of the car all sign the document transferring the title. Some states may require that the document be signed in front of a notary. Once the title has been signed by all parties involved and notarized (if applicable), then ownership of the car has been properly transferred. Signing over a car title to someone is relatively simple. However, before doing so, people should ensure that they have received payment for the vehicles because once the title is signed over, then the other party owns the vehicle. To learn more about car titles, check out How to apply for a lost car title. "
How To Petition The Court,"Petitioning the court is the act of asking the court to hear a case. Any case that is heard before a court, no matter whether it is a divorce case or a child custody one, must first go through a petition. Petitioning the court consists of filing the appropriate forms to request permission from the court to have a certain matter heard. Although the general process of petitioning the court is a relatively simple one, it can seem overwhelming to people who’ve never done it before and don’t know all the requirements governing the court system. <h1>Obtain the Appropriate Forms</h1> Petitioners should determine the types of forms that are needed to file the types of petitions that they want to file. For instance, people wanting to file bankruptcy must obtain bankruptcy forms, people wanting to file for legal guardianship of a minor need guardianship forms and so on. Many forms can be obtained online, but they can also be obtained by visiting county courthouses and speaking with the clerk of courts. Clerks might charge people a fee to print such forms for them, though. <h1>File the Forms</h1> After obtaining the appropriate forms, individuals simply fill them out completely and then file them and pay the required filing fee. Many petitions have filing fees, and some fees are more expensive than others. For instance, it might cost more to file a bankruptcy petition than it does to file a guardianship one and so on. People might also have to sign their forms in the presence of a notary as well. Some states require that they do so. Evidence and other types of supporting documents for a case may be submitted with petitions as well. For instance, dates of separation and statements of income might be required for divorce petitions, whereas credit counseling certificates might be required for bankruptcy petitions. When filing the forms, generally three copies must all be made, signed and filed. Each copy will them be stamped with information containing the case number, trial or hearing date for the matter and the court where the case will be heard. Petitioning the court is a relatively simply process that mostly requires time and legwork to ensure that the appropriate forms are filed. People who retain the services of lawyers can expect their lawyers to do all the filing of petitions for them. However, those that want to go it alone can file their own petitions by following the appropriate procedure. "
How Do I Know If I Have Outstanding Traffic Tickets?,"Having outstanding traffic tickets can lead to serious legal and financial consequences. Some outstanding tickets also lead to individuals having warrants out for their arrest that could lead to increased fines and even a jail sentence. However, individuals might not always know if they have any outstanding traffic tickets. Fortunately, there are ways for people to find out whether or not they have any outstanding traffic tickets so that they can take care of them and get any outstanding balances off their records. Perhaps the easiest way to determine whether individuals have any outstanding traffic tickets is for them to simply call their local Department of Motor Vehicles offices and get one of the clerks there to run their driver’s license numbers for them. Driver’s licenses that have outstanding tickets will usually show up in the DMV’s database since outstanding tickets can affect an individual’s driving privileges. Some state’s DMVs also offer online search tools that allow people to search their driver’s licenses themselves. The returned results will usually contain information on all: All these are associated with the driver’s license numbers that were inputted into the search fields. Alternatively, people can also determine whether they have any outstanding tickets by calling the county clerk’s office of the county in which they think that they might have outstanding tickets. Some county court websites offer online tools that allow users to run their driver’s license numbers to determine whether they have any outstanding tickets in their counties. This is an ideal way for people to check for any outstanding tickets without necessarily drawing the county’s attention to the fact that they have outstanding tickets. How to Defend Yourself in Traffic Court There are also a variety of third-party sites that allow people to find out whether they have any outstanding tickets. These types of sites might be most ideal for people who have had driver’s licenses from more than one state and want to get all the information in one report. Third-party sites can help cut down on the time and expense that it would take them to order a separate driver’s license report from each state that they’ve ever had a driver’s license in. Addressing any outstanding traffic tickets is essential for people who want to clean up their driving records and keep their financial records unaffected as well since traffic tickets can have a negative impact on credit scores. Determining whether or not individuals have any outstanding tickets is relatively simple to do as well. "
Looking Up Free Arrest Records,"If you are looking to find someone in jail, you have a few options. If you’re not sure where to start, trying to find an inmate may feel overwhelming. So before you start Google searching every jail in your area, let’s walk through the basics. Do you know the person’s name, address, or date of birth? Maybe you know the county, city, or state where they committed the crime or even when and where their hearing was held. Obtaining as much basic information as possible will simplify the process. We’ll walk through how to find out if someone is currently in jail and explore the best way to find which jail or federal prison they’re in. There are several reasons why you might need to find out if someone is in jail. Oftentimes, people know someone who was arrested and they want to know if they are still incarcerated. Other times, families that move to a new area want to do research on convicted sex offenders. And sometimes, family members are in search of relatives they have not heard from in a while. In any case, finding out if someone is in jail starts with knowing where the crime took place. Even if you do not have the name of the criminal, you can quickly narrow down your search if you know which jurisdiction to focus on. To find someone in jail, you can start with your State Department of Corrections. If you go to the state’s web page, you will be able to find a phone number to contact. You’ll also find resources like Sex Offender Registry, Offender Contact information, and Offender Visitation forms. Many states will also have a search feature. Some state websites will refer to this as an Offender Database Search or an Inmate Search. If you are unsure where to look for this feature, simply Google the state followed by “department of corrections inmate search.” It’ll be in one of the top search results. Some counties do not have an online search feature, so you may have to call. If the jail you call is not where the inmate is located, try contacting nearby jails. If the person you’re looking for was recently arrested, their information may not be in the system yet. You can always check every week or two. But typically it’s harder to find their information because arrestees are held in the county jail until they have a trial and are released or transferred to a more permanent location. However, if the person you are searching for has been in jail longer than a month, you can use a few other resources to find out where they are located. Once you have determined someone is in jail, you can start your search. If you know the jurisdiction where they were arrested, you can call the jail. The Department of Corrections will be able to release public information to you about the person. Like their name, age, birthday, and gender. However, there are other ways to find someone in jail for free if you have limited information about them. The best way to find someone in jail for free is VINE (Victim Information and Notification Everyday). A victim notification network that “provides the most reliable information for custody status changes and criminal case information.” On the site’s homepage, select the state where you want to search. Navigate to the “Find an Offender” button, where you will be prompted to type in the Offender ID number. Or, if you don’t know it, the inmate’s first and last name. You can also select “Advanced Search” to add the inmate’s facility name, date of birth, and age range. When you find who you are looking for, you will see their inmate/offender ID, date of birth, race, gender, custody status, location, and scheduled release date. Anyone interested in the status of an inmate can register to be notified when the inmate is released or transferred. Notification is done by phone or email. Note: VINE does not provide information on federal prisons, only local jails and state prisons. VINE is updated every day. Finding someone in federal prison is a lot like finding someone in jail. The best way to locate information on a federal prisoner for free is to go to the Bureau of Federal Prisons. Then, go to the inmate locator tab. You can search by inmate number or name. A list of results will appear with the inmates’ names, ID number, age, sex, race, and release date, or prison location. If you select the prison’s name, it will take you to that location’s website where you can find additional details. Of course, if you know which jail or prison the inmate is located at, you can pull up its website and do a search. At least then you’ll know if the offender is still in custody. Not all jails or prisons have this information online. In that case, simply call the jail or prison and ask them to provide the inmate’s status. VINE and the BOP website are by far the best resources to find someone in jail for free. Their sites are constantly updated and contain the most information on inmates nationwide. Another great free website is Inmates Plus. Click on the state where you want to search and then two options appear. One option is a search for the state prison. The second option is to search by county jail. Inmates Plus is updated daily. You know of someone who has been in jail or prison, but you’re unsure when they will be released. You can find an inmate’s release date by calling the state’s Department of Corrections, searching their online database, or use a resource like VINELink. Although release dates are subject to change based on the inmate’s behavior. If the inmate is incarcerated in a smaller facility, their release date may not show up on large databases. If the inmate’s case was followed by the public, sometimes their release will be covered on local news stations. To learn more about this process, check out our step-by-step guide on  How to Find an Inmate’s Release Date. People might need to look up mug shots for many reasons. Some are looking for information on acquaintances who were arrested. Others are looking for their own mug shot. Still others may be browsing out of curiosity. Whatever their reason, finding local mug shots is easy. Several resources can be consulted, and the information is usually freely available. In some jurisdictions, mug shots are public record. Accordingly, it’s very easy to browse through the pictures. Start with the law enforcement agency’s website. These are easy to find by putting a county name and the words “sheriff’s department” into an online search engine. City police departments and highway patrol agencies may also have accessible websites. If mug shots are available, they should be easy to find by clicking on a link labeled “booking blotter” or something similar. This is probably the easiest search method available, particularly if you know which agency arrested the individual whose mug shot you’re seeking. If you’re not able to locate the particular mug shot you’re seeking, consider calling the law enforcement agency. They may allow you to come down to the station to search through their books of mug shots. Some online companies provide people with an opportunity to search for a mug shot through their website. This is often a fee based service, but it may make sense to try this if you’re not able to locate a mug shot through a law enforcement agency. If the company does not already have the mug shot you’re looking for in their database, they may be able to request it from the proper authorities. This may involve an additional fee. Some jurisdictions do not post mug shots online and instead require people to visit in person. County or city jails may be able to accommodate your request to review mug shots. It’s generally advisable to call first to make certain that coming in person to ask to view mug shots is permissible. Where mug shots are considered public records, it is not unusual for various media outlets to publicize them. Check websites for local networks and newspapers, as they usually post recent mug shots on their page for local news. Like using a law enforcement website, this is an easy method for obtaining mug shots. If someone you care about is in jail or prison and needs legal help, you can get a free case evaluation to help you plan your next steps. "
Best Way To Change Your Name On Your Social Security Card and Passport,"There are a number of reasons why you may need to change the name on your passport, from simply correcting an error to having your passport reflect major changes in your life. While changing the name on your passport may sound like an arduous task with lots of red tape, the truth it that a passport name change is usually fairly easy and straightforward. Even better, the sooner you act on changing the name on your passport, the quicker the process will often take. While a passport name change is something many people will have to deal with at some point in their lives, most people are largely unaware of how to go about changing the name on their passport. Below is a brief guide to doing just that. If you need to change the name on your passport because of a printing or spelling error then the process is relatively straightforward. Correcting an error, including not just name errors but errors relating to gender or date/place of birth, are free of charge, both for minors and adults. To correct an error you will need to fill out Form DS-5504 and mail it to the U.S. Department of State along with a color photograph and proof that there is an error on your passport. Keep in mind that if you report the error within one year of receiving your passport then your new passport will be valid for 10 years from when the new passport was issued. If, on the other hand, you wait for more than a year then the new, correct passport will have the same expiration date as the old, incorrect passport. People change their names for a variety of reasons, most often because of a marriage or divorce. Some people, meanwhile, may need to obtain a court-ordered name change, whether for personal or security reasons. If you have changed your name then you will need to apply for a new passport, but how you do so will depend on your unique situation. For example, if it has been less than a year since your last passport was issued then you can just use Form DS-5504 as described above. If, however, it has been longer than a year since your last passport was issued then you will need to verify if you are eligible for submitting Form DS-82. You are eligible for this form if you are able to submit your most recent passport, your most recent passport was issued less than 15 years ago, you were over 16 years of age when it was issued, the passport has not been lost, stolen, mutilated, or damaged, and either your current name is the same as on the last passport you held last or you can provide documentation of your name change. You will need to submit originals of your name change documents along with any applicable fees. Both Form DS-5504 and Form DS-82 can be submitted by mail. If you are not eligible for Form DS-82 then you will need to go to an Acceptance Facility or Passport Agency in person and fill out Form DS-11. You will also need to provide originals of your name change documents along with proof of U.S. citizenship, a photocopy and original of a valid I.D., a color passport photo, and any applicable fees. Even if your valid I.D. has been issued in your new name, you will still need to provide documentation of the name change, such as a court order. As the above shows, getting a passport name change is relatively simple. However, you will need to know which form to use for your particular situation in order to complete the passport update faster. "
Can You Expunge a Shoplifting Charge From Your Permanent Record?,"Shoplifting is a serious matter. If a person is convicted of shoplifting, it is unlikely that he or she can have the charge removed from their permanent record. However, there may be some methods that can help. In all cases, it is important to have legal counsel to help in these endeavors. Likewise, it is important to note that laws vary from state-to-state. The first step is to understand the difference between being arrested for shoplifting and being convicted. A shoplifting charge may or may not appear on a person’s permanent record. If it does, this charge can weight negatively on a person’s credit score or ability to get a loan. It may also appear on a criminal background check, which can negatively affect entry into educational institutions and job offers. Even without a conviction, a petition for expungement requires an attorney and an appearance before a judge. Some states make allowances for misdemeanor convictions that appear on one’s record prior to turning 18. Some states have raised this age as high as 21. However, these laws do not guarantee that the crime will be expunged. They simply make it easier to complete the process. Most states do not have laws in place to protect those who have been convicted of felony shoplifting charges. However, some states will allow these charges to be “set aside,” which generally removes the charge from one’s permanent record. A motion must be filed with the court to remove the charge. The state prosecutor can then choose to object to the motion or pass. States can have different time frames in which the prosecutor can respond, but in most cases this is about three months. If the prosecutor does not respond during this time, it is the judge’s decision. A qualified attorney and a clear record since the conviction can greatly aid in this process. If the charge is a misdemeanor, it is more likely to be set aside. It can take as long as eight weeks to remove a charge from one’s permanent record after the judge has made his or her decision. Individuals should contact the Criminal Records office of the Justice Department in the state(s) that they were convicted. This process varies, but often includes the completion of a request form, a fingerprint scan, and a processing fee. If the charge has not been expunged, it is possible that the individual has not waited long enough for the change to have taken place. Otherwise, individuals can complete a Claim of Inaccuracy that will then be filed along with the criminal record. "
Filing A Police Report For Stolen Property,"When people’s belongings are stolen, they yearn for a sense of justice and compensation. In many cases, stolen property is never found, and the culprits are never apprehended for their actions. Part of the reason for this may be due, in part, to people not filing police reports about their stolen property or not filing those reports accurately enough to increase their chances of getting their stolen property back. Following a few tips can help increase individuals’ chances of getting their stolen property back and apprehending the thieves. Taking immediate action once the discovery has been made that items have been stolen can make a huge difference in the likelihood that the items and takers of the items will be found. Individuals who have been the subject of theft should call their local police departments as soon as possible and provide them with as many details as possible, such as exactly: Individuals should also obtain the names of the officers that they spoke to for future reference. Individuals may also request for an officer to be sent out to speak with them. Any photographs of the stolen items would prove helpful in assisting police officers with locating them. Provide as much information as possible to the investigating police officers. Additionally, individuals should request their case numbers and refer to them when they are conducting follow-ups concerning their cases with law enforcement agencies. This helps ensure accuracy and save time in future communications with law enforcement agencies. How to Obtain Police Reports Individuals should also obtain a copy of the police report that was filed in connection with their missing items. Then, they can read over the reports for accuracy and ensure that nothing was left out and that no errors were made. These reports are the ones that investigating officers refer to, so it’s important that they are accurate. While it is the duty of law enforcement agencies to look into all reports that they receive, cases such as those concerning stolen property may sometimes get pushed to the side if the filers of the reports don’t follow-up on them and keep them fresh on officers’ minds. Therefore, individuals should conduct periodic follow-ups, asking officers if anything new has been admitted to the property room and whether any new leads have been made into the recovery of their items. Filing a police report for the stolen property is the first step to getting back the stolen property. However, providing law enforcement agencies with as much cooperation and assistance as possible is key in helping them recover individuals’ stolen property. "
What Does 414H On My W-2 Forms Mean?,"A W-2 statement is confusing for even the most financially savvy individuals. During tax time, employees must pay attention to these financial statements even for those who are hiring tax preparers to handle their end-of-year finances. It is important to understand all components of a W-2 in order to ensure that the forms are correct. Can You File Your Taxes Online Using Your Last Pay Stub from December? Not everyone will see a 414(h) code on their W-2 forms. This code is specifically for government employees who are part of tax-deferred retirement plans. Employees of educational institutions might see 403(b), whereas employees of private institutions might find the more familiar 401(k). Box 14 of the W-2 statement likely has a dollar amount listed with the 414(h). This is the number of funds that were contributed to the retirement plan. The 414(h) funds are not taxable. This means that they are removed from the paycheck and placed in the special retirement savings account prior to taxes being assessed. There are multiple reasons to take advantage of a tax-deferred savings account. The first, and likely most important, is that it allows one to save for a future date when he or she chooses to stop or is unable to continue employment. The sooner a person begins to contribute to a 414(h), the more money they will have upon retirement. Another reason to contribute to a 414(h) is to reduce taxable income. This saves on payroll taxes as well as year-end taxes at the federal level. A tax-deferred plan is one that is not taxed at the time the money is put into savings. However, when the money is removed, it will be considered taxable income. That means that anyone who uses their 414(h) will need to factor in the amount that is used for taxes along with their living expenses. Tax-free accounts are those that are never taxed. These are rare in the United States. When money is withdrawn from a 414(h) plan, it is considered taxable income. Those individuals who are considering an early withdrawal will face an additional penalty tax of 10 percent. "
Definitions Of Probable Cause Vs. Reasonable Suspicion,"Probable cause and reasonable suspicion are two of the most important concepts in deciding when it is appropriate for police to make an arrest, search for evidence, and stop a person for questioning. Probable cause and reasonable suspicion have evolved through state and federal court decisions, but they began in the U.S. Supreme Court. The Fourth Amendment to the United States Constitution states that people have the right to be free from unreasonable searches and seizures. It goes on to specify that a search warrant cannot be issued unless there is probable cause for doing so. The Constitution does not offer a definition of probable cause. Providing a definition was left to the justices of the Supreme Court. The Supreme Court has interpreted the Fourth Amendment use of the word “seizure” to mean both the seizure of evidence and, as in an arrest, the seizure of a person. The Court also applied probable cause to: According to the Supreme Court, probable cause to make an arrest exists when an officer has knowledge of such facts as would lead a reasonable person to believe that a particular individual is committing, has committed, or is about to commit a criminal act. The officer must be able to articulate the facts and circumstances forming the basis for probable cause. Probable cause to search for evidence or to seize evidence requires that an officer is possessed of sufficient facts and circumstances as would lead a reasonable person to believe that evidence or contraband relating to criminal activity will be found in the location to be searched. As with an arrest, if an officer cannot articulate the facts forming the basis for probable cause, the search and seizure will not hold up in court. Probable Cause Arrests vs. Arrest Warrants Reasonable suspicion is a standard established by the Supreme Court in a 1968 case in which it ruled that police officer should be allowed to stop and briefly detain a person if, based upon the officer’s training and experience, there is reason to believe that the individual is engaging in criminal activity. The officer is given the opportunity to freeze the action by stepping in to investigate. Unlike probable cause that uses a reasonable person standard, reasonable suspicion is based upon the standard of a reasonable police officer. "
How Do I Get A Copy Of A Police Report?,"Police investigations may seem secretive, but did you know you can get your hands on a copy of an official police report? Whether you’ve been in a car accident, you’ve witnessed a crime, or you simply want to know about an incident that happened in your jurisdiction, there are steps you can take to request access to police reports. The exact process may vary by jurisdiction, but it is generally the same across the country. Agencies have different policies for releasing sensitive information that is in police reports, so be sure to check with your local police department to confirm how they handle requests. As you are researching, you may find the request titled a “Freedom of Information Request” or a “Public Access Request.” Different areas use varying language, but they both mean the same thing and are referring to the Freedom of Information Act (FOIA), which makes it entirely legal for citizens to request certain government information. Reports will include details of the incident, where it took place, who was involved, witnesses, and much more; essentially, it is anything that is even remotely relevant to the case. But keep in mind, you will not be able to receive a copy of a police report until after the police investigation has been closed. So, how do you get a copy of this information? Check out the steps below. Requesting a police report is simple. You can do this one of two ways: either in person or by mail. Many jurisdictions have certain policies outlining how Public Access Requests must be made, so don’t jump the gun before you know if they require you to send in a request or visit the agency in person. To find out how they handle requests, simply search the name of your local police department, followed by “Public Access Request.” The link for the Records division should be in one of your top search results, which is where you will find out if your jurisdiction takes requests by mail, in person, or both. Record the address of the agency so you know where to go, or where to send it in the mail. Bring with you a form of identification like a driver’s license or passport. If you are making the request on behalf of someone else, you will need to have a notarized letter with you. Most agencies require a small request fee. If you were directly involved in the incident – whether as a victim, witness, or defendant – you may receive a verification slip from the authorities to let you know that a police report has been filed. Bring this slip with you to exchange for the police report. The Records and Identification Division may have exclusive hours throughout the day that are not your typical business hours, so be sure to verify online. They will ask you for your information, as well as basic information about the case. Then, they will take your payment to cover the request fee. In some areas, you may have to pick up a copy of the police report in person, but some agencies may mail it directly to you. Either way, expect to pay a per-page fee for the copy of the report. Reports typically cost a total of $50 to $150. The process of requesting a copy of a police report by mail is a bit more involved. In many jurisdictions, you are required to make your Public Access Request via mail. Typically, the agency will provide a form online for you to fill out, but some places are fine with you writing a letter to ask for the police report. Your local police department may have a specific address and addressee for police report requests listed on their website. If they don’t, simply address it to the Records and Identification Division, and use the general address listed online for the department. After you have found the location to send your request, you should be able to easily find out if they want you to send a request form or a letter. If the information is not readily available on the site, just call and ask which method they prefer. If it is available, filling out a request form is typically the easiest method because you won’t have to worry about leaving out information. If you write a letter instead of filling out the form, be sure to include the following information: If you are hoping to receive access to other official police documents, you may ask for them at this time. (Sometimes lawyers or insurance providers need additional information for a case, like photos, hospital records, interviews, officer notes, etc.) Keep in mind, if the information you are asking for is personal or sensitive information about another person involved in the case, the authorities may have to obtain their permission to give you those documents. In some cases, their policies won’t allow it. Just like an in-person request, you will need to include a photo-copy of your identification and a check or money order to cover the request fee. Depending on the agency’s instructions and policies, you can either mail or fax the request. Once your request has been accepted, you should hear from the police department about how much you owe for the copy. Ask the department who to make a check out to and where to send it. Since you will pay per page, it is worth asking for an electronic copy of the report. Victims of crimes have the right to police reports concerning their incidents, and they can usually obtain them directly from the department with which the police reports were filed. Usually, the victims are presented with copies of police reports immediately after they file them. However, if they need additional copies or end up losing their original copies, they can usually obtain additional ones by simply contacting the agencies that first issued the reports to them. Defendants also have rights to police reports that were filed against them since they have a right to know what they are accused of. Usually, defendants can obtain copies of police reports pertaining to them from the District Attorney’s offices that are prosecuting their cases. If the defendants have lawyers representing them, usually their lawyers will obtain copies of their clients’ police reports for them. When defendants make requests for copies of police reports, the D.A. usually has a fixed amount of time that it has before it has to turn over copies of the reports to the defendants. This is because defendants usually need their police reports in preparation for their defense. Sometimes third parties who were not involved in the actions mentioned in police reports might want copies of them. In these instances, most states will only allow third parties to obtain copies of police reports if the matters enclosed within the reports have already been closed. However, some states may allow third parties to obtain copies of police reports even when the cases are pending. Generally, third parties must know the case number of the reports that they want and must go to the county clerk’s office where the police report was filed to obtain a copy of the reports. There is usually a fee for the reports to be printed as well. The process of obtaining copies of police reports is slightly different for different groups of people. However, they typically are not difficult to obtain, no matter who wants them. It typically only takes a few days to a week to get a copy of a police report if you were directly involved in the case. However, if you were not directly involved, or if you are an insurance agent, it will take longer because you have to send in a request and have it processed. This process can take up to a month or longer. The most common reason why people cannot get a copy of a police report is because of an ongoing investigation. Once the case is closed, you should be able to obtain a copy. If you believe you have been unfairly denied access to a police report, you may wish to have a lawyer speak to the authorities on your behalf. Juvenile records may sometimes be sealed or withheld to protect the privacy of the victim. Generally, though, the process to obtain a police report is relatively simple, depending upon who is trying to obtain the report. After you have been in a car accident, one of the first questions your insurance provider will ask you is “do you have a copy of the police report?” Obtaining accident reports is a similar process to the one above, but it is generally a bit easier because in most cases, there is no criminal investigation. If you are in a car accident, you will receive a slip with an incident number on it. To obtain your police report, simply visit the police department that the report was filed from and trade the sheet for the actual report. If you do not obtain your police report, your insurance company will have to request a copy via mail, and it will take a bit longer. There are also resources online that house accident reports, like LexisNexis and Buycrash. However, the safest and quickest option to is visit your local Police Desk as soon as possible after the accident. Accident reports can be ready to pick-up as early as 24 hours after the accident, and up to a week. Another way to get a copy of a police report is through your local Department of Motor Vehicles.   Now that you know about how to get a copy of a police report, check out How To File a Police Report. "
¿Caducará mi orden de arresto?,"
Suponiendo que , como en la mayoría de los casos en los que la gente pregunta, la infracción no era un delito grave , la respuesta muy corta es: Una orden de arresto no estará fácilmente disponible en unos pocos años , pero siempre permanecerá en su expediente. Por un delito menor , un sinnúmero de fuentes y cuentas individuales en la red  muestran  cómo , ya sea usted personalmente , u otra  otra persona, tienen una orden de arresto sin resolver, pero no sale a la luz a menos que alguien esté haciendo una búsqueda profunda. Acceder a información en estos sitios , que se basan en una supuesta búsqueda a nivel nacional le costará dinero.Usted puede decidir si vale la pena.
 

Sin embargo, en muchos casos , incluso la policía y los tribunales no investigan muy profundamente a menos de que realmente estén buscando  a una persona. La renovación de las licencias , algunas violacioness de tráfico, pequeñas infracciones, y otras cosas similares no revelan  ninguna notificación inmediata de que haya una orden de detención pendiente. Pero por otro lado , muchas  personas relatan cómo fueron arrestadas y retenidas bajo  una orden de detención pendiente. Algunas situaciones se debieron a órdenes  de captura viejas de cuando una persona era un adolescente o un adulto joven y que habían sido olvidadas con el tiempo. Otras situaciones se relacionan con una antigua orden que causa un problema, a pesar de que el caso o situación hayan sido resueltos , la orden no fue invalidada, descargada , o cerrada  (cualquiera que sea la terminología usada en la  jurisdicción) . Los casos más temibles son aquellos en los que una persona es detenida por una orden de arresto, a nombre de una persona que tiene su mismo nombre y apellido y que vive en el mismo Estado en el que se emitió la orden de arresto. En estos casos , algunas personas han perdido meses de su vida tratando de limpiar su nombre . Hay algunas historias de horror.
Por un delito grave, la situación es más dramática. En este artículo no se trata ese tema.
 
Así, estipulando que una orden abierta nunca deja los libros si no ha sido resuelta, y que nos referimos a  un delito menor , ¿qué se debería hacer al respecto?  Es lamentable, como señalan varios escritores, que tanta gente recomienda ignorarlo.Sin tener ningún respeto por las leyes de nuestro país, recomiendan que en esencia usted le dé la espalda a la corte, y siga su camino feliz . En este aspecto, de nuevo, mucha  gente da  consejos . Sorprendentemente, incluso los abogados dan consejos . La mayoría de la gente recomienda tratar de solucionar el caso  aunque sea fuera del estado. La orden de arresto puede aparecer en  un momento que va a ser embarazoso para usted  o cuando alguien está haciendo algún tipo de verificación de sus antecedentes. Si se trata de una orden de  fuera del estado, usted  incluso podría ser extraditado. Todas estas son buenas razones para resolver la situación. Ser proactivo hablara bien de usted  ante un juez. Como siempre, es importante contratar a un abogado para que lo asesore. Pida a sus buenos amigos y compañeros de trabajo que  escriban  cartas claras sobre su carácter. Escriba su propia carta indicando las circunstancias del caso, la orden de arresto,  justificando su cambio de vida, cómo ya no se comporta de la  manera que dio lugar a la infracción. Busque la manera de ir a la Corte al otro estado. Dependiendo del tipo de infracción que generó la orden,   es probable que no valga la pena el tiempo de la corte,el costo de perseguir la extradición, o incluso una citación para que se presente ante la corte. Póngase en contacto con el procurador del distrito  o con la oficina del fiscal en ese estado. Pregunte qué se podría hacer para resolver la situación. Trabaje con ellos . Reconozca  la orden de detención y las circunstancias.
 Suponiendo que , como en la mayoría de los casos en los que la gente pregunta, la infracción no era un delito grave , la respuesta muy corta es: Una orden de arresto no estará fácilmente disponible en unos pocos años , pero siempre permanecerá en su expediente. Por un delito menor , un sinnúmero de fuentes y cuentas individuales en la red  muestran  cómo , ya sea usted personalmente , u otra  otra persona, tienen una orden de arresto sin resolver, pero no sale a la luz a menos que alguien esté haciendo una búsqueda profunda. Acceder a información en estos sitios , que se basan en una supuesta búsqueda a nivel nacional le costará dinero.Usted puede decidir si vale la pena. Sin embargo, en muchos casos , incluso la policía y los tribunales no investigan muy profundamente a menos de que realmente estén buscando  a una persona. La renovación de las licencias , algunas violacioness de tráfico, pequeñas infracciones, y otras cosas similares no revelan  ninguna notificación inmediata de que haya una orden de detención pendiente. Pero por otro lado , muchas  personas relatan cómo fueron arrestadas y retenidas bajo  una orden de detención pendiente. Algunas situaciones se debieron a órdenes  de captura viejas de cuando una persona era un adolescente o un adulto joven y que habían sido olvidadas con el tiempo. Otras situaciones se relacionan con una antigua orden que causa un problema, a pesar de que el caso o situación hayan sido resueltos , la orden no fue invalidada, descargada , o cerrada  (cualquiera que sea la terminología usada en la  jurisdicción) . Los casos más temibles son aquellos en los que una persona es detenida por una orden de arresto, a nombre de una persona que tiene su mismo nombre y apellido y que vive en el mismo Estado en el que se emitió la orden de arresto. En estos casos , algunas personas han perdido meses de su vida tratando de limpiar su nombre . Hay algunas historias de horror. Por un delito grave, la situación es más dramática. En este artículo no se trata ese tema.   Así, estipulando que una orden abierta nunca deja los libros si no ha sido resuelta, y que nos referimos a  un delito menor , ¿qué se debería hacer al respecto?  Es lamentable, como señalan varios escritores, que tanta gente recomienda ignorarlo.Sin tener ningún respeto por las leyes de nuestro país, recomiendan que en esencia usted le dé la espalda a la corte, y siga su camino feliz . En este aspecto, de nuevo, mucha  gente da  consejos . Sorprendentemente, incluso los abogados dan consejos . La mayoría de la gente recomienda tratar de solucionar el caso  aunque sea fuera del estado. La orden de arresto puede aparecer en  un momento que va a ser embarazoso para usted  o cuando alguien está haciendo algún tipo de verificación de sus antecedentes. Si se trata de una orden de  fuera del estado, usted  incluso podría ser extraditado. Todas estas son buenas razones para resolver la situación. Ser proactivo hablara bien de usted  ante un juez. Como siempre, es importante contratar a un abogado para que lo asesore. Pida a sus buenos amigos y compañeros de trabajo que  escriban  cartas claras sobre su carácter. Escriba su propia carta indicando las circunstancias del caso, la orden de arresto,  justificando su cambio de vida, cómo ya no se comporta de la  manera que dio lugar a la infracción. Busque la manera de ir a la Corte al otro estado. Dependiendo del tipo de infracción que generó la orden,   es probable que no valga la pena el tiempo de la corte,el costo de perseguir la extradición, o incluso una citación para que se presente ante la corte. Póngase en contacto con el procurador del distrito  o con la oficina del fiscal en ese estado. Pregunte qué se podría hacer para resolver la situación. Trabaje con ellos . Reconozca  la orden de detención y las circunstancias. "
How To File A Noise Complaint,"Filing a noise complaint is inconvenient (as is the noise), but it may be necessary. If you are being disturbed by a noisy neighbor and have tried to rectify matters yourself, it may be time to reach out to the authorities. A safe bet is to file a noise complaint with the police or your landlord. Chances are if someone is disturbing you, they are disturbing a fellow neighbor wanting peace and quiet as well. Here’s a look at how to file a noise complaint, as well as what the laws are for noise ordinances. Filing a noise complaint is quite simple and can be done at any time of day or night. First off, make sure you understand the difference between: If you are near a military base, excessive noise can be harmful to citizen’s welfare. You will need to contact government officials for that. But if it is of a civilian nature, it may be coming from music in an apartment, a burglar alarm, barking dogs, or construction. Next, decide if you are going to approach the scene before calling in a complaint. If it is a neighbor creating the ruckus, it may be a better idea to politely ask them to keep it down before involving the authorities. In many cases, your neighbor might not even know their noise is being a disturbance. However, if you believe that the noise is coming from a dangerous situation, do not put yourself at risk by approaching the property. Before you call in a noise complaint to the police, you may be wondering what the laws are for excessive or disturbing noises. Every jurisdiction has different regulations and laws in regards to noise, called Noise Ordinance laws. These laws typically outline the time of day and night when excessive noise is prohibited (i.e. 11 p.m. to 6 a.m.). To find out what the Noise Ordinance laws are in your town, simply do a google search for your county. If you are concerned about disruptive noise in your area, you can make a noise complaint with the police. You may call 911 if you believe it is an emergency but only do so if it appears there is criminal activity going on on the property. Otherwise, you can call the non-emergency line to file your complaint. You can find the phone number for this hotline by searching your county, followed by a “non-emergency phone number.” If you contact the police, they will come out and inspect the noise themselves. Hopefully, the police will arrive before the noise stops. Then, they will talk to the person and ask them to turn it down if it is in fact too loud. Noise complaints usually result in a friendly warning at first. Remember, just because the situation is not rectified immediately, does not mean the police have ignored it. Issues like this take time. Consider it a record building case. After so many attempts, your city will get tired, as well, and it will become a city case rather than a neighborhood being affected. If you are in an apartment building and the disturbance is coming from there, it is time to look over your lease. Your lease will specify the noise ordinance. Most leases may put an end to high noise levels after 10 p.m. or midnight. If there is no clause, you can still report the complaint to your landlord. It can be a bit easier to reconcile a noise issue in an apartment because you have your landlord to help. Plus, you have many neighbors in close proximity who are likely just as frustrated as you are about the disturbance. If your neighbor is breaking the lease agreement, contact your landlord. If it extremely late or a disturbance outside of your building, contact 311, which is the non-emergency number in most cities to reach the local police. You can file a complaint anonymously. If the noise persists, your landlord can issue a fine based on the lease agreement and after too many write-up, this person can be evicted during a court procedure. If it is a violation of the noise ordinance of your city, the police can issue a ticket. If you are wondering how to file a noise complaint anonymously, you are in luck. When you call the police, they do not require you to leave your name over the phone. Most jurisdictions will simply ask you if you would like to leave a name and phone number, but you can respectively decline. Keep in mind, however, that there are positives to giving your name to the police when you make the complaint. If there is criminal activity going on when the authorities go to check out the premises, you may be able to serve as a witness or give the police more information to help with their investigation. If you simply do not want to be linked to a minor noise complaint about music that was too loud, you can certainly do so anonymously. It’s 2019, can’t you make a noise complaint online? Unfortunately, filing a noise complaint to the police must be done over the phone. However, if you are making a noise complaint in an apartment complex, your landlord may have a process where you can submit a complaint online or via email. "
What Is A Form I-797C Notice Of Action?,"A Form I-797C is sent by the United States Customs and Immigration Services to inform people in the process of immigrating to the United States of any actions that they may need to take or actions that have been taken. It is a standard boilerplate form that could mean many different things depending on what it says. Some of the common purposes for a Form I-797C include notices of: By far the most common use of Form I-797C is simply to acknowledge that the USCIS has received an application or other necessary immigration form. It should be filed with other immigration documents. The form will also provide helpful information on the next steps you need to take in your process and journey toward citizenship such as other forms to file appointments you need to make or deadlines to which you need to adhere. This immigration form also serves as a receipt for any filing fees you may have paid the USCIS in case you need to prove payment in the event of an audit. If your immigration status has changed or if there were issues you forgot to address, you may receive a Form I-797C in the mail informing you of what you need to do as a result of the issue that arose. You may also receive a Form I-797C if you are vouching for an immigrant as their family or work sponsor and you need to take an action on behalf of the employee or family member immigrating to the United States. Finally, this form may be used to inform individuals that their application for the next step in the process has been rejected. This rejection may be the result of failure to meet requirements such as having a past criminal record, or it may simply be due to failing to send appropriate documentation or fees for your immigration process. It is not necessarily a final notice, but it is definitely caused for concern. Even if it is a rejection notice, the I-797C will likely provide a phone number or other contact information to contest the ruling or provide the necessary payment or documents. It is recommended that you find a lawyer or legal professional to help you if this is the case. "
How To Report Food Stamp Fraud,"Membership in federal SNAP (Supplemental Nutrition Assistance Program) benefits, also known as food stamps, has gone up in the years since the 2007 recession and rise in unemployment rates. SNAP benefits are designed to be used only for groceries, which is why they don’t consist of cash but instead are card-based. Food stamp fraud occurs when individuals sell their SNAP money to stores in exchange for cash. They make a fraudulent purchase but receive cash instead of the intended product. The cash is often given at a reduced rate, but people in need of free cash are willing to accept this. If you believe that a store near your house is guilty of conducting illegal food stamp fraud, it is your responsibility to report it to the appropriate authorities. This form of fraud bankrupts the federal and state coffers for purposes not related to helping families survive. All food stamp fraud may be reported to the United States Department of Agriculture, which oversees all food stamp disbursement. Reports may be sent to the USDA’s Food and Nutrition Service, which will then notify the appropriate state agency to begin conducting the investigation on the guilty party. While the federal government will often respond to allegations of large-scale fraud perpetrated by stores, you may need to contact state agencies directly if you are reporting on individuals guilty of fraud rather than companies. Individual food stamp fraud varies from the sorts of purchases described above to people continuing to use their food stamps even after they’ve gotten a new job and are no longer eligible for benefits. If you know someone who you believe is lying about their income or assets yet still takes use of SNAP benefits or similar food stamp benefits in your state, contact the Department of Human Services or other agency in your state tasked with the responsibility for giving food benefits. Different states have different processes for reporting food stamp fraud. In any case, it is highly discouraged to report food stamp fraud unless you are very certain that it is happening. You may be penalized yourself if you create more work than is necessary for state agencies if it turns out that you didn’t have any legitimate reason to suspect someone for committing fraud. Be smart when it comes to reporting food stamp fraud. "
How to Apply for a Governor’s Pardon,"A governor’s pardon is tantamount to having the top executive of your state forgiving you for a crime to which you either plead guilty or of which you were convicted. Unlike a records expungement, your criminal record will be neither sealed nor erased. Nevertheless, there are plenty of advantages that a governor’s pardon does offer. The application process varies by state. "
What Is a No Contact Order?,"A no contact order can be issued for one of many reasons, from minor altercations between couples to serious, criminal charges of stalking and sexual harassment. Other circumstances in which no contact orders may be filed include high-intensity divorces and separations or neighborly disputes. So, what is a no contact order, exactly? Below, we’ll answer all of your questions about what a no contact order is, how it is implemented, and what the consequences of violating one may be. Many people use the terms “no contact order” and “restraining order” interchangeably, but they are actually a bit different. A no contact order prohibits a person from being in physical or verbal contact with another person, whether that is face-to-face or over the phone/internet. This type of order is filed when an action has already taken place. For instance, if there is a domestic abuse charge, a no contact order would prohibit the abuser from coming into contact with the victim. The rules of a restraining order also prohibit two people from coming into contact, but there is one main legal difference. With a restraining order, a dispute or crime does not have to take place first — it can simply be used as a preventative and protective action. After a no contact order is filed, the court will specify the details, like how many feet or yards away the individuals must stay from one another. The defendant cannot see the petitioner at work, school, and home and must cease all communication with the victim. The order will usually specify a certain period of time that the order is in place. At the end of the period, the petitioner may ask the courts to extend the order. The judge can also lift the order if they feel the petitioner is no longer in danger. If broken, the defendant may receive a fine, or jail time with a felony or misdemeanor charge (more on that in a minute). There are two kinds of no contact orders that can be filed, a civil no contact order and a domestic violence no contact order. A civil no contact order is agreed upon when the two individuals in the situation aren’t family members or romantically involved. Typically, the offender is an acquaintance or complete stranger (i.e. a stalker or abuser). If the victim is in immediate danger, a temporary no contact order can be filed to speed up the process of making the agreement official. However, to implement a permanent no contact order, there must be a court hearing first. In the case of a domestic violence no contact order, the victim and the defendant must either be: Many states have specific laws for domestic violence no contact orders. If children are involved, the judge may grant a temporary custody order to a certain parent or relative, as long as the defendant is removed from the home. A hearing can decide if a permanent no contact order must be placed. A no contact order is requested when a petitioner feels that are in danger. Usually, the petitioner has been a victim of physical, verbal, or emotional abuse. Besides victims of abuse, stalking victims are able to petition courts for no contact orders. The stalking must have consisted of unwanted correspondence (letters, emails, phone calls, etc.), repeatedly over a period of time. To get a no contact order, a person must file a claim with their local court — and often, they will have to go before a judge. When filing a complaint, the petitioner must file in their own jurisdiction or the jurisdiction of the assailant. Most states have no contact order forms that are filled out pretrial or post conviction. This form will specify the details of the no contact order, whether that is to stay away from the protected person(s)’s home, business, school, or place of employment. It will also specify that the defendant may not contact the protected person, directly or indirectly. In some cases, the no contact order form will require the defendant to give up any firearms they have in their possession until the order is lifted. The person who is requesting the no contact order may have to petition the court for an emergency hearing. At the hearing, the courts will hear the reasons behind the petitioner’s request, and the court usually grants a temporary no contact order. The temporary order is not in effect until the order is served to the other party. The full hearing usually occurs within 30 days of the emergency hearing, which is when it is decided if the order stays in place and for how long. If you need a no contact order, the first step is to consult with an attorney. An attorney who practices family law will generally have experience requesting no contact orders. A no contact order can be dropped if the protected person is no longer in danger. To get a no contacted or lifted, the protected person will need to reach out to the county clerk in the jurisdiction the complaint was filed. The details of terminating a no contact order can vary by jurisdiction. You can also go to your local court’s website to see if they have any online resources to walk you through the process. Regardless of what your jurisdiction requires to get a no contact order lifted, it is always a good idea to work with an attorney — whether you are the victim or the defendant. Emotions tend to run high in no contact order cases, so an attorney can help keep things civil and prevent further damages. In most states, you will need to fill out a form to get a no contact order lifted, specifying which parts of the order you want terminated and why. Once you sign the form and turn it in to the county clerk, a judge will review your request, and either approve or deny it based on what they think is best for the victim. Keep in mind, there is usually a filing fee you must pay when turning in the form. A violation of a no contact order is serious and against the law. A no contact order violation happens any time the defendant comes in contact, directly or indirectly, with the protected person. Many orders forbid the defendant from physically harming the victim, as well as from carrying a firearm or weapon. If the defendant violates multiple clauses of the order, the consequences will be more severe, ranging from a misdemeanor to a felony. Defendants are often fined for their violation. If you or someone you care about is in need of legal help, you can get a free case review from a local attorney. When you find out what your options are, you can begin to create a path forward. "
How To File For Unemployment Benefits Extension,"Unemployment benefits are provided by the states, so the process of getting an unemployment benefits extension varies from state to state. Additionally, there are often two flavors of unemployment benefits – one directly from the state, and one administered by the state but coming from the federal government. While the process will differ, there are some similarities in the process across the country. For each and every unemployment program you will need to gather and file documents attesting to your work history, reason for unemployment, reason for needing an extension, identity and proof of citizenship or legal presence. Once you have all this information, simply go to your state’s unemployment website and look up the process of filing. Some states have an online process while others require you to print out and mail hard copies of all the necessary documents. For more information, call the employment security department of your state’s employment administration. The federal government provides extended unemployment benefits depending on your state’s unemployment rate. Known as Emergency Unemployment Compensation (EUC), these benefits are organized in tiers. They are provided in addition to the about 26 weeks in standard state unemployment benefits. States will, of course, vary in terms of how many weeks of unemployment they offer. Tier 1 for EUC is 14 extra weeks and is available for all states, regardless of how high your state’s unemployment rate is. Tier 2 for EUC is an additional 14 weeks and is given to individuals in states with an unemployment rate of 6 percent or higher. Tier 3 for EUC is an additional 9 weeks and available to individuals in states with an unemployment rate of 7 percent or higher. Finally, Tier 4 for EUC is an additional 10 weeks and is available for people living in a state with 9 percent unemployment rate or higher. Even in addition to EUC, there is a program called EB, or Emergency Benefits, which may provide 13 additional weeks of income for certain populations deemed to be hard-hit by unemployment. An additional 7 weeks are provided for areas that are especially depressed. This listing varies on a regular basis with information available at the Department of Labor website. Once you’ve filed for an unemployment benefits extension, wait to receive your acceptance in the mail. You’ll get paperwork attesting to that fact, and your checks will continue to come. Keep in mind that you may be audited on your unemployment status as well as your process of seeking another job at any time. Make sure that you keep records of your job search complete with the phone numbers of reliable contacts to verify the whole process. "
How To Write A Request For Continuance,"A request for continuance in a legal setting is a request that court proceedings be postponed until a later date. Writing this request involves explaining your reasoning for needing a continuance as well as details about the continuance request. The format of the letter is that of a formal letter to be filed with the court. It will contain the address of the sender and receiver, begin with “To Clerk of Courts, ______ (Name of Court)”, end with “Sincerely,” and be signed with your name. You will want to include your docket number before the body of the letter so that the court clerk will be able to look you up more easily. In addition to the formatting of the letter, you also need to send it to the right people. You should send one copy to the court clerk and the other copy to the other party in your legal dispute. You should say in the body of the letter near the end that you are sending two copies of the letter. You will also want to keep the third copy for your records. There are many legitimate reasons you may want to file for a continuance. However, there are just as many illegitimate reasons that will be rejected by the courts. Examples of good reasons for continuance include key witnesses being out of town or unable to attend, serious, one-time events such as: Or simply because you need more time to prepare. As long as you are deemed to have “good cause,” continuance will most likely be granted. How to Write a Legal Statement of Fact Requests for continuance must be made at least a week in advance of the trial date. Keep in mind that when you request a continuance, you cannot then turn around and ask for a speedy trial. The two are mutually exclusive. If you’ve filed a request for a continuance and haven’t heard from the court clerk by a few days before your trial, you may call the court clerk to get the information about your continuance. Until you have written or verbal confirmation from the court that your request for continuance has been granted, be prepared to show up for court that day. Not showing up for court on the day that you are scheduled to arrive could cause you to lose your claim. "
Do We Need To Give Our Babysitter A 1099 Tax Form?,"Generally speaking, because babysitting is a personal service rather than a business expense, you do not have to give your babysitter a 1099 tax form. Only companies give out 1099 tax forms for services rendered in the course of trade or business. There are exceptions, of course. If someone provides babysitting services as a contractor for a business, then the business must give that person a 1099 form detailing the income she received if she made more than $600 in a single year. A babysitter is technically determined to be a self-employed individual when it comes to taxes. Your babysitter is responsible for reporting her income to the IRS, but unless you are a business entity, you have no responsibility to document your payment for the IRS, no matter how much she charges for her services. The one exception for which you would be eligible to account for your babysitter on tax forms is if she were your employee. This is the case for live-in nannies and regular childcare providers who operate under your strict rules. The IRS defines an employee as someone whose work affairs are controlled by the employer, whether reimbursements are paid and whether there is a written contract involved in the transaction. In this case, you need to prepare a W-2 form for the babysitter or nanny if you paid at least $1,800 in a year (as of 2012) or if you withheld federal taxes on any amount of money. It may seem silly to file official paperwork for something as casual as a babysitting agreement, but if your babysitter is treated as an employee, provided with her own tools, controlled while on the job or given an employment contract, she may in fact technically be an employee. The process of filling out a W-2 involves downloading the form from the IRS website, filling it out and filing it with the IRS, giving sections B, C and 2 to your employee by the end of January of the year following the tax year, and copying section A with form W-3 to the Social Security Administration by the end of February. If a self-employed individual markets herself as a babysitter, generally speaking you don’t have to worry about it with the IRS. Even if she works for you on a regular basis, the IRS will generally not audit you or them. The only case in which a babysitter will get audited if she doesn’t have a W-2 is if she lives on the premises of her employers. "
How To Report Illegal Immigrants,"If you know of someone whom you have good reason to believe is illegally in the United States, it is well within your rights and indeed your responsibility to report that person to immigration officials. Of course, this doesn’t mean that you can simply report everyone who looks different or speaks a different language. You have to have concrete proof or at least very good evidence that a person is not legally in the country. Illegal immigrants burden state and local budgets, and they are more at risk for criminal behavior and non-integration than legal immigrants to the United States. By reporting illegals, you do a service to the process of legal immigration. Proof of illegal immigration is often as simple as talking to somebody who would know. In most cases, this is a co-worker, supervisor or employer, though it may also be a friend or family member. You may also find proof if you see someone engaging in questionable activities that could suggest a criminal presence such as drug trafficking. While you don’t need to find incontrovertible proof, you should do your best to base your beliefs on definitive statements or observations rather than mere feelings. Once you have the proof you need, you should gather names, phone numbers, addresses, license plate numbers, photographs and physical descriptions, as they may be useful. Obviously don’t get more information than you are able to acquire safely. If a suspected illegal immigrant is engaged in illegal activity such as illicit trafficking or theft, you should call your local law enforcement agency before contacting Immigration and Customs Enforcement. Discuss what you’ve observed and make sure to mention that you believe the perpetrator(s) to be illegal immigrants, and the police will follow up with the ICE. An anonymous report may be a good choice if you want to keep yourself safe. Not only will this help you avoid filing paperwork if you are called as a witness for the police or immigration officials, but it will help to keep you from being a target. Anonymous reporting services are private organizations that may require a small fee. For supposed illegal immigrants not committing a crime, contact ICE at 1-866-DHS-2ICE (347-2423). You will be required to give detailed descriptions as well as any information you’ve gathered, and you may be called in to make a statement and fill out paperwork. This is why you should be absolutely sure before reporting supposed illegal immigrants. Only share concrete facts of observation and what others said rather than sharing personal speculation. "
Federal Labor Laws For Salaried Employees,"While labor laws for salaried employees are designed to afford the same sorts of protections and benefits to all American workers, the implementation of these protections differs depending on whether someone is paid on an hourly or salary basis. Hourly workers are protected by federal minimum hourly wage standards with overtime pay equal to “time and a half.” The laws around salary workers are similar but take on their own unique flavor. There are three basic protections involved in salaried employee labor laws. These are: These make up the backbone of the American system of worker protection If you are paid a salary rather than an hourly wage, you must work the number of hours agreed upon in your employment contract to receive your salary. While 40 hours per week is considered the standard, many employment contracts differ depending on the needs of the employer. It is not uncommon to see employment contracts with as few as 30 hours per week or as many as 50 depending on the position. Be sure to refer to your state’s Department of Labor, as states have their own rules regarding the maximum hourly limit for salaried employees. Like hours worked, overtime pay is determined by your employment contract more than any particular set of laws. Salaried employees generally do not receive overtime unless it is stipulated in the contract, which it generally isn’t. One of the main benefits of being a salaried employee is that your pay is not determined by whether or not you show up late to work. Even if you only work for five or six hours, you will be paid for a full day of work. The only difference is that if you don’t show up for more than a week at a time, then you won’t be paid for that week. Of course, your employer still retains the right to terminate your employment if you show up late too often. In the event that you are terminated, your pay will be for the days between the start of your company’s pay cycle all the way to the date of your termination. This will be a pro-rated amount. Can an Employer Legally Decrease Your Salary If It Is Stated in Your Contract?   While labor laws don’t require employers to give you paid vacation days or sick days, the Family and Medical Leave Act requires employers to give up to 12 weeks of unpaid leave for certain medical issues. However, many employment contracts include paid vacation and sick days. In this case, the law states that people taking a vacation or sick days be paid for the full day if the hours are available. "
How Long Do You Have To File A Police Report?,"If you’ve witnessed or fallen victim to a crime, you may be wondering, how long do you have to file a police report? While the general rule of thumb is “as soon as possible,” there is a time limitation established by law, called a statute of limitations, to govern how much time you have to report a crime before it is essentially “forgiven” in the eyes of the law. For many people in these situations, however, it is not cut and dried. If you’ve witnessed a crime, you may be fearful that someone will retaliate against you for reporting it to the police. Or, if the crime was committed by someone you know, you may have the desire to protect him or her. However, the more time passes, the harder it becomes to investigate the crime, as witnesses may forget what happened or evidence may become contaminated. Here’s an in-depth look at the question: how long do you have to file a police report? How to Obtain Police Reports   A statute of limitations sets the maximum amount of time for criminal charges to be filed before  they can no longer be investigated by law. Statutes of limitations vary state by state, as well crime by crime. Typically, petty offenses like traffic accidents, vandalism, or minor theft have a one-year statue, meaning a bystander has a time limit of one year to file a police report for the crime. As for misdemeanor crimes, there is generally a two-year statute, while felones have a five-year statute. However, serious felony crimes like: These have no statute of limitations, meaning witnesses can come forward and report the crime at any point after it has happened. While you may not have to file an official police report, some states require citizens to report incidents like traffic accidents to the police within a few days. This is because the only valid evidence in these cases disappears so quickly that police will have little or nothing to go on if you don’t make them aware of it. Look up reporting laws in your state to see if these requirements apply to you. It should be noted that while some statutes of limitations begin at the moment the crime is discovered to have occurred, the majority begin at the moment the crime was committed. This means that if you didn’t find out a summer home was burglarized until six months after the fact, you may need to file the police report sooner than you would have otherwise thought. A statute of limitations does not exist to buy you time necessarily. It is always best to file a police report as early on as possible to give the authorities adequate time to conduct an investigation and prosecutors time to prepare their case. According to Market Watch, “One of the biggest arguments for a statute of limitations is that corroborating evidence of the crime diminishes over the years: people who heard about the event will slowly forget details, or witnesses will not remember details.” Recently in society, there has been an uprising of police reports for crimes that were committed several years prior, namely crimes that have to do with sexual misconduct and assault. With these allegations popping up in the headlines daily, addressing the statute of limitations laws has become extremely prevalent this year. Sexual assault has no statute of limitations, meaning witnesses and victims can come forward and report the crime at any time, whether the assault happened yesterday or 30 years ago. While a crime 30 years ago may be hard to prove, more recent crimes are becoming easier to piece together with the help of technology. “In our technology-dependent society, [the statute of limitations] is becoming an obsolete point,” Kristen Houser of the National Sexual Violence Resource Center in Pennsylvania told Market Watch. “Whether we are communicating over text or email or through apps, we have so many records of communication. We live in a place where video surveillance can corroborate time or date or location. It’s become such a ubiquitous backdrop of our culture.” For instance, if the details of a crime were discussed years ago via text message, email, or social media, those details can be used in the investigation. While statutes of limitations still currently apply regardless of evidence that is found because of technology, that is something that may change or dissolve these laws in years to come. However, while these limitations are still in effect, it is important to file a police report for crimes as soon as possible to ensure evidence is intact and justice is served. To learn more about filing police reports, take a look at How Do I Get A Copy of a Police Report? "
How To Patent Your Idea,"If you have a good idea for a new product or service that you believe could make you some money, patent lawyers would suggest that you file a patent for the idea before someone else comes up with it or takes it for their own. A patent is a legal document with exact design specifications that details your idea and gives you the sole right of ownership to produce, provide or otherwise use it to do business. The first step to patenting your idea is to do research and see if anybody else has come up with your idea first. Patents are published online at the U.S. Patent Office website, or you can do it in person at a Patent and Trademark Depository Library in your state. This will determine the scope of your patent. If you find patents that use elements of your idea, you may only be able to patent part of your idea. You are only allowed to patent elements of your idea that are unique. If your idea is just a faster or more efficient way to implement an already-existing process, you can’t file a patent on the entire process; you can only patent your change to the process. You will need to get a patent lawyer specializing in your field if you want to have a good chance of succeeding with your application. The lawyer will work with you to draft a patent application, which is a highly technical document explaining the structure and purpose of your design. This document will include: The last step to patenting your idea is to file it with the United States Patent and Trademark Office. You may send your patent by mail or deliver it in person. It typically takes several weeks to several months to hear back from the patent office, and your patent will most likely be rejected. Then begins the process of making amendments and resubmitting the application until it is accepted. Once the patent has been accepted, you may begin marketing your idea with the label of “patent pending.” "
Why Are Steroids Illegal?,"Anabolic steroids are a form of synthetic testosterone that may be prescribed by doctors but are illegal for use without a prescription. They are classified as a Schedule III controlled substance with possession carrying a $1,000 fine and a year in prison, according to federal law. Trafficking carries up to a $250,000 fine and five years in prison for a first offense. It should be noted that when we discuss illegal steroids, we are talking about anabolic steroids rather than corticosteroids, which are prescribed to reduce swelling and prevent overactive immune response. Anabolic steroids are used to build muscle and replace diminished testosterone in specific, limited medical cases, while corticosteroids are available as over-the-counter medicine. Anabolic steroids are illegal due to their proven health risks for individuals who take them. As a powerful hormone, they can cause unexpected and unwanted side effects for individuals who abuse them beyond a doctor’s prescription. Side effects include: As a controlled substance, anabolic steroids are kept illegal to prevent people from suffering unwanted health effects. Their illegality keeps the general public that may not know the full risks safe from harm. Anabolic steroids are only legal if a doctor prescribes them. Doctors will only prescribe anabolic steroids if a patient: Many professional athletes take steroids illegally, which not only represent a potential felony convictions but may also result in permanent career damages. People take steroids because it helps them build muscle quickly and perform more effectively at top levels. However, they are considered cheating by many sports enthusiasts, and they are banned from use because no organization wants to lend its support to a practice that leads to severe health risks for the sake of improved athletic performance. "
How To Calculate 263A,"263A is shorthand for IRS Code Section 263A, and it details the rules used by business taxpayers to account for and capitalize their costs. Also known as UNICAP, or uniform capitalization, Section 263A often befuddles even the most seasoned business professionals. It is highly advised to consult with an accountant for accurate calculation of 263A, as the IRS can and will audit for your compliance with this regulation. This difficult section of the IRS Code applies to retailers, wholesalers, and manufacturers who bring in average gross receipts of at least $10 million per year. Regulations vary depending on your class or category of business such as: 263A calculations begin by determining all of your indirect purchasing costs. Any purchase you make, warehousing fees, processing fees, repacking and assembly costs and support payroll costs count as indirect purchasing costs. These costs do not include marketing, advertising, distribution, or research and development. You must then allocate these costs between inventory and the cost of goods sold. An example of costs of goods sold would be the materials used to make a particular product; inventory would be the machine used to make the product. Once you allocate costs, all costs must be classified into three categories: production, administrative and mixed services. Production costs and administrative costs require no further explanation, and mixed services include anything that may be defined as both a production and an administrative cost. These may include purchasing, data processing, or your personnel department. Then you have to allocate mixed services costs between production and administrative. While the process of classifying your costs is a lot of busy work, cost accounting is where accounting and mathematics come in. There are a variety of different methods for cost accounting, and different methods may be preferred in different industries. Consult with a tax professional to figure out the preferred method for your industry. Examples of common cost accounting methods include production labor as a percentage of total labor costs or average cost per unit. Preferred accounting methods often change from year to year. It can’t be stressed enough the importance of getting a tax professional to check your figures. This guide gives you a basic understanding of how 263A works, but it is nowhere near long enough to provide a full breakdown of how it’s done. It requires tables and figures for how to do cost accounting in your particular business for each of the different categories as well as what sorts of costs qualify for each category. "
What Is Ingress & Egress In Real Estate?,"The value of a piece of property depends upon many factors including location, size, permitted use and the ability to get to and from it. Real estate professionals use the terms ingress and egress when referring to the ability to enter and exit a piece of property. Determining if a piece of land can be accessed without trespassing on someone else?s property might not be readily apparent. The Basics of Ingress and Egress Ingress is the right to enter one?s property, and egress is the right to exit it. Usually, the right to enter or leave property involves access to a public road. Property with at least one boundary line touching the road can freely access the road without crossing over land belonging to another person, but appearances can be deceiving when dealing with ingress and egress issues. For example, if local town or city ordinances restrict the right of property owners to cut curbs for the installation of driveways, a person might be prohibited from entering or exiting from the property to the street. Unless the property offers another means of access to a public road, the parcel of land could be landlocked. Landlocked Property Certain types of housing developments are planned around the concept of landlocked parcels of land. Homes built along the fairways of a golf course enjoy a picturesque setting, but they are, essentially, landlocked. Providing ingress and egress for the homeowners usually involve private roads within the development that lead to a public street. The private roads rely upon easements to provide access over other people?s property. Easements An easement is a negotiated agreement in which a property owner gives others the right to limited use and access to the land. A landlocked owner of property might negotiate an easement agreement with an adjoining property owner granting the right to cross over the adjoining land to access a public road. Easements can be as restrictive, such as allowing only for foot traffic, or as broad as the parties to the agreement decide. The easement agreement is recorded with the county clerk once it is reduced to writing and signed by the parties. Recording an easement gives notice to future owners of its existence and terms, so they will be obligated to abide by it. Failing to record an easement could result in the loss of a property owner?s rights to ingress and egress in the event of a sale or transfer of ownership of either parcel. "
How To Write A Parole Letter,"Parole letters are letters written either by an incarcerated person or by his or her supporters. Intelligently written parole letters attesting to the offender’s character, reformation and plans to improve his or her life will be read by the parole panel and may make the difference between release and denial. That said, writing a parole letter can be tricky. You want to know what parole panels are looking to hear in order to get the best possible result for yourself, your friend, or your loved one. Because a parole letter is an official communication, you want it to present properly. It should be written with a letterhead including the contact information and address of the parole board and the date of writing. Begin the letter with “Dear Honorable Members of the Parole Board” and a colon rather than a comma. End the letter with “Sincerely,” and use your full name. Always use formal language, appropriate spelling, and proper grammar. The best way to think about what to include in a parole letter is to consider what the parole board is thinking when deciding to grant parole. The main concern that would prevent parole from being granted is that an offender will not properly reintegrate into society. The role of the parole letter is to convince the parole board otherwise. This will differ depending on who is writing the letter. If the potential parolee is writing it, the letter should be simple and to the point. It should express genuine contrition (being sorry for what you have done) as well as tell your plans for what you want to do with your life upon your release. It should be specific but heartfelt and discuss the joy you get from new, useful activities that don’t run the risk of re-offending. If the offender’s friends or family members are writing the letter, they should discuss how happy they are to have him or her in their lives again. They should make it clear that there will be a support network available for the potential parolee and discuss activities, potential jobs and community ties that await their reintegration into society. It can be a useful strategy to have strategic community members such as administrators of community centers or successful local business people who are willing to offer tangible, actual support to potential parolees. Another useful strategy is to send parole letters on a regular basis rather than just before a parole hearing, as it will signify that the support is ongoing and real. For more information about writing letters, check out the best way to write a professional letter to a judge. "
How To Get A Gun Owner’s License,"Firearms licensing requirements vary from state to state, so it can be tricky to find definitive information on how to get a gun owner’s license. In some states you don’t even need a license to own a gun. Firearm licensing and ownership is a hot topic in the United States, and it is best to find extremely local information to get the knowledge you need. If you are interested in purchasing a firearm, the two best places to go for information would be a local reputable gun store and the website of your state police department. Licensing laws vary; some states require each gun to have its own license, while other states only require the owner to have a license. Some states license the ownership of guns, others license the carrying and use of guns through laws such as concealed carry laws, and still others license both. Some states have different laws depending on the type of gun – hunting rifles may have one set of laws, while handguns and concealed weapons have another, and assault weapons have still another. Still other states ban the ownership of certain types of laws entirely. The process of getting a gun license in the states that require any sort of licensing is similar to that of getting a background check. You will find that certain classes of people are generally prohibited from owning a gun including convicted felons, the mentally ill, drug users, illegal immigrants, dishonorably discharged Armed Forces members, people with restraining orders against them and more. You may be required to submit your fingerprints, complete a firearms safety course and submit necessary payment to the state police department. Once you’ve applied for your gun owner’s license, you must wait until your license card comes in the mail before you purchase a firearm. Depending on the nature of the licensing requirements, you may need to carry your license with you at all times, make a copy to keep in your car or simply keep the license in the carrying case for your weapon. Many states require you to periodically renew your gun license to make sure that you are still competent and fit to use a firearm. Renewal requirements are typically every three to five years and consist of passing another background check and completing another safety course. "
What Is a Forensic Audit?,"While a forensic audit may sound like something exciting you hear about on crime dramas like Law and Order or CSI, the truth is a little more mundane. A forensic audit is a process of reviewing a person’s or company’s financial statements to determine if they are accurate and lawful. Forensic accounting is most commonly associated with the IRS and tax audits, but it may also be commissioned by private companies to establish a complete view of a single entity’s finances. Forensic audits are used wherever an entity’s finances present a legal concern. For instance, it is used in cases of suspected embezzlement or fraud, to determine tax liability, to investigate a spouse during divorce proceedings, or to investigate allegations of bribery, among other reasons. Forensic audits are performed by a class of professionals with skillsets in both criminology and accounting who specialize in following a money trail, keeping track of fraudulent and actual balance sheets, and checking for inaccuracies in overall and detailed reports of income or expenditures. If they find discrepancies, it may be the auditor’s job to investigate and determine the reason for it, or it may be the job of a separate financial investigator. While many associated auditing with finding flaws, it can be just as important to strengthen a company’s already good business practices. Many companies self-audit on a regular basis to make sure that production and workflows are running smoothly without waste. By presenting regular audits of sound financial practices, a company improves its standing for shareholders, clients, and customers, and the report generated by the audit gives executives a better sense of the internal finances of the business. Of course, this can lead to a downside if the auditing company itself is committing fraud or if it is in collusion with the company or its managers to falsify reports. In this case, a forensic audit may be requested by a judge or an outside company to either determine the lost income as a result of a fraudulent report or to determine the damage that falsified reports caused to: Forensic audits are presented as evidence by a prosecutor or by a lawyer representing an interested party. Because finance is a complex discipline, the jargon used by forensic auditors to describe a company’s financial position is often highly precise. This either requires a prosecutor or lawyer to call upon expert witnesses to explain the significance of the audit in layman’s terms or to have the auditor do so himself or herself in order to build a case. "
Getting A Copy Of A Last Will And Testament,"As with any legal request, getting a copy of someone’s last will and testament depends on the details. While it is impossible to request to look at a living person’s will, also known as a living will, there are instances where you can request a copy of a deceased individual’s last will. If the last will has been filed in probate court, getting a copy is as simple as going to the courthouse and requesting a copy or calling and mailing a self-addressed stamped envelope along with necessary payment for the will. The only hitch is figuring out where the death certificate and other documents were filed. After someone dies, one of the tasks of the executor of that person’s estate is to file the last will and testament in probate court. The executor has the responsibility to determine if the will is actually the last will, and this may take some time. This means that while there is a good chance you can find a deceased individual’s last will if they passed away some time ago, it may be more difficult if the death was recent. Four Excuses People Use To Avoid Last Wills And Testaments The only people with a legal right to view the last will before it becomes a matter of public record are those who are mentioned as beneficiaries. Ideally, the executor of the estate will inform those mentioned in the will that they are beneficiaries. If you don’t know who the executor of the will is, you can look up the deceased’s death certificate. This is a matter of public record, and it names the executor. You can then contact the executor and ask if you are a beneficiary and if you can see a copy of the last will. If the executor doesn’t respond or refuses to show you the will, you may need to take legal action through the probate courts to force the executor to file the will in probate court so it becomes a matter of public record. Depending on where you live, an executor may be required by law to file a will in probate within a certain amount of time following the estate holder’s death. Be sure to consult with a probate lawyer to know your options. Depending on what you want to find from the will, certain legal actions may be more appropriate than others. "
Using a Cease and Desist Letter to Stop Slander and Libel,"A cease and desist letter is a legal vehicle used before and for the purpose of avoiding having to file a lawsuit. It details the slander and libel and informs the accused party of the accuser’s intent to sue if the problem is not corrected and retractions of harmful statements are not made. Slander and libel are legally defined terms for defamation that require the speech to be financially through damage to your reputation, publicly spread to multiple third parties, and objectively false. In order for your cease and desist letter to be taken seriously, you must be able to demonstrate that your slander or libel lawsuit has a chance of succeeding in court by indicating details about the publicity, falsehood, and damages associated with the instances of defamation you wish to stop. Sometimes the threat of legal action is enough to compel someone to change what they are doing. Few people wish to get involved in the paperwork and courtroom appearances that a defamation lawsuit would require. Not only would a successful lawsuit end up causing the accused party more money for court costs, but it would take up the accused party’s time and could even damage their reputation. A cease and desist letter is a way of giving someone a chance to stop what they are doing and avoid the hassle of a legal fight. Depending on the nature of the defamation actions, the tone of the cease and desist letter may be more formal or informal. If defamation is currently a threat to your business’s income and operations, the letter should have a severe tone and promise immediate legal action if the situation is not rectified. In this case, it would be a good idea to have your lawyer draft your letter so you are sure to touch on all the points. If the defamation only has the potential to become more harmful, the letter may be less severe. How Do You Prove a Defamation of Character Claim? The points you should touch on in your letter include: Because this is a formal legal document, you should title the letter with the words “Demand to Cease and Desist” and date it as well as include recipient and sender name and address information on the letterhead. "
What is a Capias Warrant?,"In the common law system of the United States, a capias warrant is essentially an order to arrest and detain an individual for the purpose of guaranteeing a court appearance. The Latin term capias translates into English as ? for the taking of,? but it is not commonly associated with the seizure of property or the search of premises. A capias warrant should be considered a writ of arrest. In most instances, a capias warrant is issued in connection with failure to appear before the court in a criminal case. A defendant who fails to appear at a criminal court proceeding, for example, could expect a capias warrant to be issued for his or her arrest. Since a capias warrant is a compelling writ, a judge or magistrate must be prudent and ensure that he or she has compelling evidence to issue such an order. Criminal defendants who enjoy freedom thanks to having posted a monetary or signature bond are expected to appear at all scheduled court hearings. When they fail to do so, their bond may be revoked and a capias warrant may be issued. In this situation, law enforcement agencies are directed by the court to take the defendant into custody and deliver him or her to the court. A capias pro fine occurs when a defendant has failed to comply with a court order related to a judgment. For example, a defendant expected to pay a fine or restitution could be the subject of a capias pro fine warrant, but this does not automatically imply that they must spend time at a detention center. The defendant is to be delivered directly before the judge; this gives the subject opportunity to show good cause or explain why the judgment has not been fulfilled. Capias warrants are not limited to criminal cases. In various jurisdictions, defendants involved in traffic cases who fail to appear in court may be subject to a capias warrant if they fail to pay a fine imposed by a judge. Other jurisdictions issue capias warrants in relation to cases that originated in a civil or family division. For example, a person whose child support order falls into arrears might be compelled to appear before a magistrate by means of a capias warrant. Sheriff and constable departments are usually tasked with executing capias warrants, Some other agencies may contribute such as: In the case of defendants who skip on a bail bond, bounty hunters or bondsmen may seek to execute the capias warrant. For more on warrants, check out the best way to run a free arrest warrant check. "
New York State Restraining Order Rules,"Whether you’re looking into filing one or whether you are on the receiving end, it is important that you know the rules regarding restraining orders in New York State. Also known as orders of protection, restraining orders may be filed with the Family Court or Criminal Court of the state of New York. They are used to limit the behavior of someone deemed threatening in any way. Situations that legally prompt filing a restraining order include but are not limited to threats of harm to someone or their children and verbal or written harassment. There are two main types of restraining order: In all cases, a restraining order can be used to compel someone to stay away from certain people, certain locations, and it can be used to force someone to get rid of their gun(s). Family restraining orders are also known as civil restraining orders. They may only be filed against related individuals, current or former spouses, common parents of a child, or anyone with whom you have had an “intimate relationship.” Intimacy is determined by a number of things including the length of time you’ve known each other, how often you see each other and whether or not you are physically intimate. Family restraining orders are most commonly used in cases where domestic violence is present and are sometimes attached to divorce agreements, custody agreements, or other affairs that go through Family Court. To file a Family Court Order of Protection, it is best to go through a lawyer or domestic violence agency. They can help you file the necessary forms to prove that you are in need. Many DV agencies offer battered women’s shelters for women suffering from domestic violence; this may be an important first step for your or your children. Criminal restraining orders are similar to family restraining orders, but they are filed against individuals who have been arrested or who have a warrant out for their arrest. If you have been abused, assaulted, or otherwise harmed, you may file for a restraining order through the New York Criminal Court. New York Criminal Law If somebody violates their restraining order, you should contact the police immediately. It is a crime to violate an order of protection, and this will result in the violator’s arrest. A New York Order of Protection is enforceable outside of the state of New York thanks to the Violence Against Women Act. Simply contact the police in whichever state you are currently. The same goes if you to have an out-of-state restraining order in New York State. "
Getting Your Bail Bond Money Back?,"After you have had the misfortune of bailing someone out of jail there is going to come a time where you wonder whether or not you are going to get your money back. However, you are going to have to think back to when you originally posted the bail. This is because when you post bail for someone you are given two options. Either you: Naturally, which option you took is going to sway how and when you get your bail money back. How Do Bail Bonds Work? You are not going to be able to get your money back until after either the defendant has been acquitted or the charged against them have been dropped. In the event that the individual is found guilty, your bail money will go towards the court fees. Unfortunately, if this happens you will not be able to get your money back. Once you know the status of the case, you need to remember whether you used a bail bondsman or if you paid the fee directly to the court. If you were able to pay the court directly, you should have no trouble receiving a full refund for the amount you paid. However, if you decided to, or had to, use a bail bondman chances are pretty good that you only paid anywhere from 10 to 20 percent of the total bail amount. This amount is considered the bondsman’s fee and you will not get any of your money back. Figuring out when you are going to get your money back is all about knowing exactly when the case ended. Keep in mind, if you happen to move or any of your contact information changes you need to contact the court immediately to let them know. This is because if you actually want to receive your refund check it is important that they have your current address on file. Finally, you will just have to wait anywhere from two to six weeks after the case has ended for the court to send your refund check in the mail. If six weeks pass and you do not receive the check in the mail, you should contact the court. When you call them, you are just inquiring if there was a problem with them issuing the refund check on the bail money that you paid. You will need to provide them with some information in order for them to look through their records to determine if there was a problem. This may include your contact information, the case number, and when the case ended. "
How to Transfer a Car Title When the Owner Is Deceased,"After a person passes away, it is often a challenge for loved ones to figure out what happens next. In addition to the emotional and mental distress of losing someone, there are added challenges when it comes to handling everything the deceased person left behind. Whether you are an executor or a relative, you may find yourself in need of assistance when it comes to things like last wills and testaments, medical records, or titles. In this guide, we will discuss one of those topics:how to transfer a car title. Transferring ownership of a car after death is one of the many cumbersome tasks that are left in the hands of loved ones and beneficiaries. While it is likely one of the last things a grieving person wants to deal with, it is a part of the process of handling the deceased person’s belongings. To help you with the process, we’ve outlined the few steps you will need to take to transfer the title. So, why do you need to transfer a car title when the owner is deceased? This process is necessary for beneficiaries if you want to keep the vehicle, gift it to a family member, or sell the vehicle to someone else. However, it is not as simple as handing over the keys to the new owner. Below, we will discuss who is in charge of the title transfer, as well as the steps to take if the vehicle is a part of a probated estate, what to do if there is no probate, and how to sell the vehicle. We’ve been asked a form of this question many times: “My husband died and my name is not on the car title. What do I do?” Whether you are a surviving spouse, a joint-owner, or a beneficiary, you have the legal authority and obligation to transfer the title of the vehicle to someone else after the owner has passed away (if the vehicle is going to be used, that is). The way to do so simply depends on whether or not the vehicle is part of a probated estate. Once a vehicle owner has passed away, the process for transferring the car title of the deceased person varies depending on whether the vehicle title was in the individual’s name as a decedent or whether it was in a joint ownership. If the title was only in the decedent’s name, you’ll need to determine if the estate is being probated. What’s a probated estate? Probate is a legal process that involves administering the estate of the individual who has passed away. It typically happens when there is no living spouse or beneficiary listed on the will. A probate proves that the last will and testament is legitimate, checking out the deceased person’s assets and property. Then, the Probate Court determines how to proceed with the person’s belongings. During this process, the deceased individual’s property will be distributed based on their will. If the vehicle is part of a probated estate, follow these steps to learn how to transfer a car title after the death of owner: A car title cannot be transferred until the probate is completed, so the executor or administrator of the deceased should contact Probate Court or an attorney as soon as possible to receive further instruction. Depending on the situation and the circumstances, getting the title transferred can be a complicated process. Because every situation is different, it helps to have someone who understands the legal process working in your favor. Once the probate is completed, the heir will receive the vehicle, or the executor can opt to sell it if he or she was the one given the vehicle. While the documents needed does vary slightly from one state to the next, you need to have all of the following in order to transfer the title in most states: If you are the beneficiary of the vehicle or the administrator of the deceased person’s estate, you can visit the Title Office with the above documents to initiate the title transfer. The process of transferring the title of a vehicle without probate varies depending on what state you live in. Most states require the deceased individual’s property not to exceed a certain amount and it to be a certain amount of time since the person has passed away before the transfer of the title can be initiated. In many states, the Department of Motor Vehicles makes it fairly easy to transfer the car title of a deceased person when there is no probate involved. If you are the administrator, joint-owner, spouse, or beneficiary, you may only need to take the death certificate and the title of the car to your Title Office and they will retitle it — no court order or attorneys required. In some cases, the vehicle of the deceased person will be in the possession of someone other than the beneficiary or administrator or the will. This does not mean that the vehicle is gifted to that person, however. If there is no probate on the deceased person’s belongings, the beneficiary can use an affidavit in order to obtain possession of the vehicle. In most states, you can find the Affidavit for Transfer of Personal Property form online. Keep in mind, using an Affidavit for Transfer of Personal Property is not the same thing as transferring the title of the vehicle. You will still need to follow the steps mentioned above after gaining possession of the vehicle. If you have already transferred the title, you can sell the vehicle of the deceased person much like you would sell any used car. However, if the beneficiary or executor is certain they want to sell the car after the person has passed, they do not necessarily need to get the title transferred prior to putting the vehicle on the market. Instead, they can put the car up for sale; once they find a buyer, the beneficiary or executor will sign the title with their name and role (executor for [deceased person’s name]). Then, the buyer will be in charge of getting the title transferred themselves. There may additional registration fees depending on what the status of the vehicle is. All of these fees will be determined and relayed to you after you submit your application to your local DMV. Furthermore, in the event that the vehicle was not registered by the deceased, the new owner will be held responsible for paying any registration fees or penalties. To learn more about handling the legalities of a deceased family member, here’s a look at how to obtain medical records of someone who has passed away. If you have questions about estate planning, don’t wait to get them answered. Get a free case evaluation from a local attorney to learn what the options are for you and you family. "
Best Way To Write A Lease-To-Own Contract,"A lease-to-own contract is a binding agreement between two parties in which one party agrees to rent or lease property, car or big-ticket item, with the eventual purchase of the item. Rent to own contracts may be weekly or monthly, and the portion of the payment that goes towards the purchase price is to be determined by both parties. For example, if a customer is doing a lease-to-own contract on an HDTV that costs $2400, their lease-to-own contract may be $300 a month. $200 of the payment goes towards the payment of the TV, while the other $100 is a fee or the amount of money that the seller is charging to do a lease-to-own contract. Setting up a Lease-to-own Contract
A lease-to-own contract should be looked over by a lawyer before both parties sign it. Despite the need to have it looked over by a lawyer before completion, there a few items that should be included in the contract. The following are important topics to cover in the lease-to-own contract: ?	Identify the parties in the lease-to-own agreement. The owner and lessee should be identified, as should the item(s) that are being leased. Also, the overall purchase price should be clearly stated in the contract.
?	Establish ownership. The contract should make it clear who retains ownership of the products or goods during the length of the payment period. If it is home, determine the amount of money needed for a down payment or closing cost. Also, both parties should decided if these payments are coming out of the monthly or weekly lease.
?	Determine the length of the lease-to-own period. For example, will the lease-to-own contract be for one year, two years or longer. Will ownership transfer as soon as the final payment is made? If so calculate this date, and include it in the contract.
?	Determine the lease-to-own payments amount. Calculate the monthly or weekly payment amount of the property or item. This contract should also include information about late fees, returned check payments and interest rates (if any).
?	Define what constitutes a default of the contract. For example, non-payment, failure to pay property taxes (if needed) or another type of breach of contract. Record the Contract
Recording the contract means that both party?s sign, date and acknowledge their agreement of the terms in the lease-to-own contract. It is best to have a witness or notary available to complete this process. Once the lease-to-own contract is recorded, it is legal and binding for both sides. "
What Are New York State Window Tint Laws?,"Tint laws specify the minimum amount of light transmittance on vehicles’ windows. Specific provisions for New York’s tint laws may be found in Section 375 (12-a) of the Vehicle and Traffic consolidated laws. The window tint laws in New York state were last amended in 1991 and are among the most severe of any state. New York tint laws require that all vehicles have no less than 70 percent light transmittance on the windshield and front side windows, excepting the top 6 inches of the windshield, which may be tinted to any darkness. Vehicles classified as station wagons, sedans, coupes, hardtops, hatchbacks or convertibles may not have back side windows of less than 70 percent light transmittance, while SUVs, vans and other vehicles may have any level of tint on the back side windows. All New York vehicles may have any level of tint on the rear window. However, if the rear window and rear side windows are tinted to less than 70 percent, the vehicle must be equipped with functioning side mirrors and properly adjusted so that the driver can have a clear view of traffic behind it. While there are no restricted colors of tint in New York state, windows may not appear metallic or mirrored. Furthermore, all tinted windows must prominently display a sticker between the film and the glass specifying that the tint level is within legal range. There are medical exemptions for individuals who must be “shielded from the direct rays of the sun” due to a variety of potential symptoms and conditions. You must consult with your doctor, have him or her make a statement to prove that you have such a condition along with the minimum amount of light you can tolerate, and apply with the office of the New York Commissioner of Public Health for an exception to the tint laws. The Commissioner’s Office will then provide you with a “sufficiently noticeable sticker” of exemption to affix to the affected windows, according to Section 375 (12-a). There are very harsh window tint laws in New York state for two reasons. First, having clearer windows improves visibility while driving, making it less likely that you will get into an accident. Window tinting especially decreases visibility at night. Second, clearer windows ensures that peace officers can look inside vehicles at a glance and make sure that there are no drugs or contraband in the vehicle. "
Writing a Contract Addendum,"A contract addendum is an agreed-upon addition signed by all parties to the original contract. It details the specific: These will be changed in the original contract but otherwise leaves it in full force and effect. Contract addendums are tricky to write because contract law is very clear that all parties must abide by the contract as it stands. The goal when writing a contract addendum is to only change the parts that all parties want to change while not creating any loopholes or unintended consequences in the agreement as it stands in writing. How To Terminate A Contract Letter You should make sure that your addendum looks like and is connected to the original contract. It should use the same typeface, margins, and font size, and it should be titled, “Addendum to _________ of (date).” The beginning section should list the parties to the original contract and should specify what certain terms mean, for instance, “the Contract” should be specified as the original contract, and “Addendum” should be defined as such. The addendum should specify the date at which it comes into effect. The most important part of the addendum is to list the terms and parts of the original contract that it modifies. Write things like, “The Contract shall be modified as follows,” with the old written portion and the new written portion side by side so that the differences are obvious. You may also use the strikethrough and bold styles to emphasize the added and removed parts, but be sure to identify what each style means. Any deletions from or additions to the original contract should be listed in the body of the addendum as well. Be clear, thorough, and concise in your writing. Finally, you should add a signature line at the end of the addendum so that all parties in the original contract may sign it. The original contract should be affixed to the addendum and filed by all parties. If the contract is a serious agreement with a lot of money at stake, it is highly recommended that you consult with an attorney to look over your original contract and addendum to make sure that it is airtight and that there are no loopholes created by the new additions. This is especially the case for long contracts where a change in one definition or term may affect the meaning of another. "
What is a J.D. Degree in Law Mean?,"A juris doctor, or J.D., is an academic degree awarded to an individual at the completion of a period of study at a law school. The holder of a juris doctor must take a bar examination given by the state in which the person desires to be admitted to practice law. The J.D. is a relatively new degree, having been first awarded in the 1960s, that was created to replace the bachelor of laws, or L.L.B., that law schools had been awarding to graduates. Acquiring the Knowledge to Practice Law The training of lawyers began as an apprenticeship program in which aspiring attorneys worked in the office of an established lawyer in what was known as a clerkship. The young clerk was expected to read the law and acquire the skills necessary to satisfy the attorney that the clerk was ready to join the ranks of established members of the legal profession. The process of admission to the bar during the clerkship era involved a motion by the attorney to the court asking that the clerk be added to the rolls of those admitted to practice law in the state. The process usually concluded with the court clerk making an entry of the new attorney?s name into a ledger containing the names of all those admitted to practice law in the state. The First Law Degrees Law schools came into prominence following the Civil War. Law schools offered a system for the education and training of prospective lawyers that could eliminate the wide variations in knowledge and skills produced under the clerkship system of legal training. Entry into law school required at least two years of college, but eventually this was changed to a requirement of a four-year college degree for entry into a three-year program of study at a law school. Upon completion of their studies, law students were awarded a bachelor of laws. Emergence of the Juris Doctor By the 1960s, the academic world and the legal community questioned the continued awarding of what was essentially a bachelor?s degree to a law school graduate. The juris doctor was adopted to replace the L.L.B. and give recognition to a law degree as a professional degree on a par with the degrees earned by medical school graduates. Most law schools today award graduates a juris doctor. A juris doctor is not a terminal degree. Holders of a J.D. can return to law school and pursue a graduate course of study leading to a master of laws or L.L.M. The terminal degree in the study of law is the doctor of judicial science or S.J.D. "
What Is A Lien Release?,"A lien release is when the holder of a lien, or security interest in a piece of property, lifts or waives the lien, rendering the property free to purchase. A mortgage is the most common type of lien and represents the security interest the bank has in the real property. If you plan on selling a piece of real estate with a mortgage, the bank that holds your lien must be involved in the transaction to make sure that the lien is released or transferred before the transaction can take place. If this does not happen and money is not repaid to the bank to service the debt, the bank can legally take possession of the house or prevent the sale of the property. When the lien release is signed, the bank acknowledges that it no longer has any claims on the real estate. There are many ways in which property can be lost. For instance, if the owners default on their taxes, the city or county may take ownership of the property and sell it in a sheriff’s sale. When the property is purchased, it may still have the liens against it. A home may still have liens against it if the owners simply walk away and stop servicing their debts. The bank still wants its original mortgage against the property, whether it is a home, vehicle, or other large purchase, and it can step in and prevent the sale if the lien is not paid. The buyer may need to hire a real estate or property attorney to advocate in court for a lien release. In general, ten years is the maximum amount of time that judgments and liens on a property last, so a lien release may not even be needed unless the bank fights it every step of the way. Depending on real estate laws in your county or municipality, the judge may be able to compel the lienholder to release the lien, but you should consult with your attorney before attempting this process. A trial will end with the judge either granting the lien release or demanding that one party pay a part or all of the debt on the property before clearing the lien. Property Law A lender is required to send you a notice of lien release at most 30 days following the repayment of the debt through purchase or through the final pay-off of the mortgage. If the bank does not provide this release, you may need to consult with your attorney. "
Renewing Your Learner’s Permit,"Learner’s permits typically require you to drive a certain number of hours with supervision and take a driver’s education class before you apply for a full driver’s license. However, it may be the case for a variety of reasons that you are unable to spend the time you need to feel confident in your driving ability or to meet your state’s requirements for a driver’s license before your learner’s permit expires. Permits typically expire after two years, and if your permit expires before you can get your license, you will need to renew it before you can get behind the wheel of a car. It is illegal to drive with an expired learner’s permit, even if you are following the permit rules and have a qualified driver in the vehicle with you. Different states have different rules and regulations regarding the renewal of your permit. Some states require you to visit the DMV before the permit expires, while others allow you to apply for renewal up to 60 days following the expiration. Some states require a permit renewal fee while others allow you to renew for free. Still, others will require you to take the written or vision test again in order to be issued a new permit. What Is The Penalty For Driving With An Expired License? It is a good idea to read up on the requirements for your state, but most states require the following documentation to renew your learner’s permit: Fees generally cap at about $20 but visit your state’s DMV website for specific pricing information for a learner’s permit. If you live in a highly-populated area or you know that the DMV will be crowded, you may want to make an appointment to renew your permit beforehand so you are assured of a quick turnaround time. Come in prepared to retake the vision and written tests unless you are 100 percent certain that you don’t have to do so. In addition to providing copies or bringing proof of identity, residence, and citizenship, you may also need to fill out an application to renew your learner’s permit. This application will contain standard information to fill out like your name, address, birth date, and permit number. You may fill out the application before you visit the DMV or pick up an application and fill it out on site. "
What are Laws for Handicap Parking Spaces,"Enacted in 1990 and amended in 2008, the Americans with Disabilities Act (ADA) established the rights of qualifying individuals with disabilities to have access to public parking spaces and building entrances. The website for all the conditions related to the Act is: www.ada.gov. Within the Act are federal regulations and guidelines for the establishment of reserved handicap parking spaces.
Every state and territory has established laws regarding the application process for and possession of vehicle handicap plates and placards plus any associated fees. Within the ADA the federal government defines the location, the number, and the size of handicap spaces in public and private parking lots. Reserved parking lanes for handicap vehicles are to be located nearest to building entrances from the parking lot. If there is more than one building entrance, or no building entrance from the parking lot, the handicap spaces are to be nearest the pedestrian walkways into and out of the parking lot or nearest to an elevator. The number of parking spaces to be reserved for handicap vehicles and vans is calculated based on the number of spots in a parking lot. Lots with 1-25 spots need 1 handicap space; 26-50 spots need 2 handicap spaces; 51-75 spots need 3 handicap spaces; and 76-100 spots need 4 handicap spaces. Larger lots have different requirements. Lots with 101-150 spots need 5 handicap spaces; 151-200 spots need 6 handicap spaces; 201-300 spots need 7 handicap spaces; 301-400 spots need 8 handicap spaces; and 401-500 spots need 9 handicap spaces. Lots with a capacity of 501-1000 spots need to reserve 2 percent of the total spaces for handicap parking. Lots with a capacity of over 1001 spots need to reserve 20 handicap spaces plus 1 additional space for every 100 spots over 1001. Additionally, for every 8 handicap spaces 1 space must be van accessible. If a lot only has 1 handicap space, that space will also be designated as van accessible. The ADA provides the governing regulations for the width and height of handicap spaces. Each handicap space must be 8 feet wide and the van accessible spaces must have 98 inches of height clearance. The no parking space between handicap spaces must be 5 feet wide and the spaces next to or between two van accessible spaces must be 8 feet wide to accommodate the loading and unloading of wheel chairs and walkers. "
How to Stay Anonymous When Reporting Drug Dealing,"Drug dealing is a catch-all term used to describe a number of criminal activities connected with drug trafficking. They may involve smuggling, distribution, retail sales, manufacturing, and others. These activities are often accompanied by danger and corruption, and in some cases they bring about unpleasant effects; for example, street-level drug dealing can quickly turn a neighborhood to blight. The protracted War on Drugs has shown us that drug dealing is a problem that affects several levels of society. While prevention and treatment are the most powerful weapons against this wicked trade, law enforcement agencies working together with communities are also very effective in keeping drugs out of neighborhoods. To this end, police departments often rely on information from the public to help them find pockets of criminal activity and locate suspects. Over the last few decades, drug dealing has been enshrouded with violence and intimidation. For this reason, many people feel discouraged when it comes to alerting the authorities about criminal activity involving drugs in their neighborhoods. They fear that their information could cause harm to their families or to themselves due to reprisal from drug dealers that resort to violence. Concerned citizens who wish to stay anonymous when they report drug dealing have a few options. Law enforcement agencies often have internal programs in place to safeguard the anonymity of people who come forward with information about drug dealing, but this is not the best method. Information managed by police departments can be leaked, and this in turn can compromise the anonymity of informants. In the United States, the Crime Stoppers program has proven to be effective in the anonymous collection of crime tips. To get in contact with Crime Stoppers, informants must find the local telephone number, which can be searched online. Crime Stoppers operators are specifically trained to protect the identity of callers at all times, and each case is assigned a numerical code to follow up on. An additional measure of security and anonymity can be added by entering the code *67 prior to dialing the Crime Stoppers number. This will block the telephone number identifier. Callers must be mindful with regard to providing information that may compromise their identity when the investigation is conducted; for example, mentioning that they live close to street corners where drugs are sold on a retail basis or that they personally know suspected criminals. "
Giving Up a Father’s Parental Rights,"Choosing to relinquish parental rights is an emotional ordeal. When a father realizes that he cannot physically care for his child, he may decide that giving up parental rights is the best course of action. However, giving up these rights are not as simple as walking away. A process must be followed to legally relinquish parental rights so someone else may raise the child. Though the process varies from state to state, in most cases it begins with paperwork. The father begins by signing a Voluntary Termination of Parental Rights consent form. This form is notarized and then filed with the court. An important note is that fathers who relinquish parental rights are still obligated to support the child even after this form has been filed. He must provide physical care if there are no other options available. If the child is in the care of the mother or another caregiver, the father must continue to provide financial support. After the paperwork has been received, a court date will be set. The father must appear at the court to finalize the process. The judge may or may not grant termination of parental rights. He or she will weigh whether or not the father appears to have been coaxed into signing away his parental rights, if his judgment is impaired, or if it is in the best interests of the child. During the court date, a father should be made aware of any further financial responsibilities, such as medical or educational expenses for the child. Once the judge finalizes the termination, the father should receive a copy of the court order. A father may have a change of heart after he has terminated his rights to the child. The first step is always to hire a lawyer. He or she will guide the father through the process, but this does not mean that the father’s work is over. He must have evidence that the new living conditions for the child are not meeting his or her needs. Fathers must also compile character witnesses and reference letters from family members, friends, and co-workers to prove that they should have the control they once relinquished. The opinion of the child is also determined when weighing this decision. Fathers who have good relationships with their children are much more likely to have right restored. "
Difference Between Joint Tenancy and Tenancy in Common,"Joint tenancy and tenancy in common are two most common classifications of ownership of a property. The difference between these two is important when owning a house or a piece of real estate. This is due to the fact that more and more people are interested in purchasing real estate. These purchases are often done by spouses, who are legally married, or by friends who decide to buy and share a house together. During these purchases, the parties must be able to determine how they are going to take the title to their newly purchased house. This is important since it will determine their rights toward the home, whether they are still together, if they have moved to another house or if one of the parties already transferred residence. Basically, joint tenancy pertains to homeownership in which each party is on the home title and has an equal interest in the property. An example of a joint tenancy is the ownership over a house by a married couple. In this situation, each of the spouses has an equal share and interest over the house. In the case of divorce, each spouse may sell his or her share in the property. Once there is a sale, the joint tenancy becomes tenancy in common. Tenancy in common, on the other hand, refers to ownership over a certain property by two individuals without any right of survivorship. They are co-owners of the property and their shares and interest over said property are equal. However, there are also situations in tenancy in common when the parties do not have equal shares. The sharing scheme shall depend entirely on the stipulation of the parties. Joint tenancy and tenancy in common have different rules concerning the death of one of the tenants. This is the main difference between these two kinds of tenancy. In tenancy in common, the death of one of the parties shall have the effect of transferring the rights of the decedent tenant in favor of his heirs. In joint tenancy, the parties enjoy the right of survivorship. This means that when one of the co-owners dies, the survivor co-owner shall get the decedent’s share over the property. In joint tenancy, each co-owner’s possession, interest, time, and, title of the property is vital. In order for the transfer of rights to accrue, there must be a will of a deed executed in favor of the survivor. If you are looking to learn more about property law, check out our guide on Property Law. "
What are the requirements for a hardship license in Texas?,"A hardship license is granted to Texas residents who are between the ages of 15 to 18 who were able to complete an approved driver training course and who were able to provide proof of the need to drive. How Do You Look up License Plate Numbers? For the first reason, the applicant must show that he or she have met the conditions set forth by law such as: that the applicant is married and he maintains his own household away from his parents or guardians, the applicant is the head of the household, he has dependent children and is responsible for their care, that applicant is the only member of the household who is eligible to drive, that the head of the household is away making it necessary for the applicant to maintain the household, that there will be a difficulty for the other members of the family to drive the applicant to his school and place of work, that there is no school bus or other public transportation available to bring the applicant to his school and that the applicant works at his parent’s farm, which is the source of the family’s support. In order for the applicant to qualify based on the fact that a family member is ill and needs to be driven to a treatment facility, the former must provide a signed statement from a family doctor verifying that the sick member of the family should not be allowed to drive because of his health condition. If the applicant is filing the application based on the fact that he is attending avocational school, he must provide a letter from the school principal which certifies that the applicant is enrolled and that the course is eligible for academic credit approved by the Texas Education Code and that the applicant needs to drive in order to attend the course. "
What are Employees’ Right to Stress Leave?,"Stress is inevitable, especially the kind that stems from the workplace. Whether you have a major deadline coming up, or you are having a disagreement with a coworker, jobs can cause some of the highest amounts of stress in a person’s life. According to Everyday Health, workplace stress is ranked as the third biggest stressor in Americans’ lives, with 61 percent of adults attributing their jobs as a major source of stress. However, stress at work shouldn’t always be chalked up to an approaching deadline or difficult coworkers. Sometimes, the workplace itself can be a serious threat to a person’s health. One way to find some relief is to take a stress leave to cope with severe stress and mental health issues – but what exactly are your rights in the eyes of the law? Stress leave is an extended period of time where an employee takes off work to deal with and recover from a serious stress-related illness or injury, typically a mental illness. Laws regarding stress leaves vary state by state, as well as at the federal level, so it is important to contact your state’s department of labor if you are considering requesting a stress leave. Legally, employees’ rights to a stress leave depend on whether or not the company they work for is covered by the Family and Medical Leave Act (FMLA). FMLA “entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons.” Under the FMLA, employees who claim leave based on their own medical condition such as “stress,” must show that the leave is: (1) the result of a serious health condition and (2) that said condition makes the employee unable to perform the functions of his or her job. According to the United States Department of Labor, the following employees are eligible for time off due to the FMLA: The law states that the employee must have received “continuing treatment” for the condition. Said continuing treatment, according to the rulings of the court, must relate back to the condition that initially caused the incapacity to work. The law also states that if the employee did not receive inpatient treatment, he must show that he received treatment from a health service provider and that he was incapacitated to work for three consecutive calendar days. Failure to comply with the above requirement will deprive the employee from being entitled to an FMLA leave. If your employer is not covered by FMLA, this does not always mean you are out of luck. However, the requested stress leave is in the hands of your employer to approve and may be taken as unpaid personal days. The best way to know if your employed may understand a stress leave is to look at your benefits package. Does it mention that you are allowed to take personal days? If so, your employer may be more understanding of your request.   Asking your employer for a stress leave is never an easy thing to do. It often leaves the employee feeling vulnerable as to how the employer will respond. If you are considering requesting time off for a stress leave, whether or not you are eligible under FMLA, it is important to do it during an appropriate time. If you are nearing a deadline or the company is in the middle of a busy season, it is best to wait until things slow down to put in your request. Filing for an FMLA leave only requires notice to the employer. A 30-day written notice must be sent to the employer in order for the stress leave to be approved. Also, medical certification must be submitted to the employer. A medical practitioner must attest that the employee suffers from a serious medical condition and explain how such condition impairs the employee’s ability to perform his work. The report must also include the required treatment. This certification can either be issued by the employee’s physician or a mental health specialist. Five days after requesting stress leave, you should hear back from your employer about the decision. If you do not agree with whatever they decide, you can contact the State Department of Labor in your area or the US Department of Labor. If your employer approves your stress leave, it is important to take it seriously and follow your doctor’s orders, so you return to work in a healthier, happier state. For more employment law information, here’s a look at How To Check For Unemployment Eligibility. "
How to Obtain a Tax ID Number for an Estate?,"The tax identification number issued to an estate is the same tax identification number issued to juridical entities that are required to pay taxes such as businesses. This is referred to as the Employer Identification Number or EIN. There are three ways to apply for an EIN which are as follows: by mail, by telephone, and online. In order to apply for an EIN for an estate, the applicant must be the administrator or executor of the decedent’s estate appointed by the court or by the decedent himself. The personal tax identification number and the Social Security number of the decedent will also be required in the application.   "
What is a Public Trust Security Clearance?,"A Public Trust Security Clearance refers to a status granted to individuals which allows them to gain access to classified information such as state secrets and military classified data. They also may gain access to restricted areas after the completion of a thorough background check. In the United States, a security clearance is granted to individuals recognized to be under the maximum level of clearance. The clearance is issued to federal employees of various agencies whose positions directly or indirectly affect the public at large. In the U.S. there are three levels of public trust security clearances which are high, moderate, and low. These levels reflect the potential risk to the employing agency and the general public. The federal agencies designate the specific levels of security clearances that are at par with the level of responsibility entrusted to the position. How Do I Check On My Security Clearance Status? High Public Trust Positions include upper managerial positions, offices responsible for running major programs, and positions related to policy development and implementation, law enforcement officers, or any other position that requires the carrying of weapons. Moderate-risk positions, on the other hand, refer to those which pose a moderate to a serious threat to the public welfare. These include policy assistants, mid-level management, positions that involve independent actions, and service positions that require public trust. The third classification is the low-risk position which generally involves duties with a limited effect on the employing agency such as housekeeping, food service, and other support positions. Public trust positions include those which are responsible for policymaking, law enforcement, fiduciary management, public health, and safety, or any other activity which involves public welfare. These positions are considered as trust positions since they have access to sensitive data such as financial or personal records and other matters which can be manipulated to cause physical or financial harm to the public in general or to the controlling agency. The controlling authority for public trust security clearance investigations is the U.S. Office of Personnel Management (OPM). The investigations are conducted by the OPM or through an authorized investigating agency. The Office of Personnel Management is responsible for setting up the guidelines and implementation of the federal employment suitability programs and processes. It also conducts investigations of contract employees which requires a clearance. The OPM’s level of the investigation varies with the level of clearance sought. A minimum investigative level includes a National Agency Check with Inquiries or NACI. The investigation includes: "
Calculating California Vehicle License Fees,"After the purchase of a vehicle, state laws require that the same be registered with the Department of Motor Vehicles. The system of registration of vehicles was made for the purpose of having a compiled information regarding the number of vehicles used in a certain state, the number of vehicles owned by a particular individual, the number of traffic violations involving the vehicle or it’s owner and other related matters. In the process of registration of vehicles, the government collects fees and charges therefor. Some states provide an online tax calculator for this purpose. This is specially helpful if the applicant purchased a used vehicle from a private person. If the vehicle is purchased from a dealership company, the registration fees will be included in the purchase and will be dealt with by them. If the state does not provide for a service similar to car registration fee and tax calculator, it is a must to take note of the following factors which affect the determination of registration fees: In some jurisdictions, the city or county of residence, lien information, and other information on the vehicle such as the number of cylinders, vehicle weight, and fuel type are also considered. In the State of California, a system of Vehicle Registration Fee Calculator was made available to the public. Through the use of this system, the applicant for registration may select a calculation of the following: The result of the system’s calculation may vary depending on the data supplied by the applicant. The fees are mere estimates and are subject to statutory change. The following are the basic registration fees for non CVRA vehicles in the State of California: Registration fee $46; California Highway Patrol Fee $23; Vehicle License Fee – varies; Motorcycle Safety Fee $2; Unladen Weight Fee – varies; Smog Abatement Fee $20; County Fees – varies; Personalized or Special Interest License Plate Fee – varies. The following fees will be charged for CVRA vehicles: Registration Fee CVRA vehicles $122; California Highway Patrol Fee $37; Vehicle License Fee – varies; Weight Fee – varies; Smog Abatement Fee $20; County Fees – varies; Cargo Theft Interdiction Program Fee $3; CVRA Weight Sticker Fee $3; Personalized or Special Interest License Plate Fee – varies. "
How to Obtain Police Reports,"Record keeping is one of the most important functions of law enforcement agencies across the United States. Police officers are trained to document their observations and actions whenever they are called upon to perform their duties, and they do so on police reports. These reports become official records, and they are carefully kept for the benefit of the public. Police reports are generated just about every time a law enforcement officer responds to call. This includes motor vehicle accidents, arrests, investigations, and several other situations. Police reports are entered in criminal court proceedings, and they are also used by insurance companies when they investigate claims. Although police reports are rarely admitted in civil court cases, they can help attorneys in identifying witnesses and getting a better sense of how a situation developed into a lawsuit. The process for obtaining police reports can be different across jurisdictions and agencies. Police reports are essentially government documents and thus part of the public record, but this does not necessarily mean that anyone can simply walk up to a precinct and ask for copies. The procedure for obtaining police reports is statutory and usually falls under the freedom of information law of each state. In most cases, crime victims and people involved in motor vehicle accidents are allowed to go to a police department, identify themselves and request copies of police reports. Some jurisdictions allow attorneys to get police reports on behalf of their clients, but those who are not directly involved in the accident or incident may have to file a written request for public records. Just about all police departments offer the option of requesting and receiving reports in person. In some jurisdictions, police reports can be ordered online. The options to request police reports over the phone or to receive them by mail are becoming rare these days. Police reports are usually kept on file at the station they were written for a few days or a few weeks before they are transferred to a central archive location. The fees for obtaining police reports soon after they are created are usually very reasonable; but, the fees tend to increase significantly after the reports are sent to a central records facility. "
What is the best way to find out the release date of a prisoner?,"Before the advent of interface technology, the only method in order to find out if a certain prisoner has been released from prison is to verify the fact of release, via telephone call or personally, from the local prosecutor’s office or from the holding facility where the prisoner is being held. Now, this information can easily be accessed through the internet via the VINE system. The Vine System or the Victim Information and Notification every day is a Victim Alert Notification System which was initiated for the purpose of alerting the victims that the accused is about to be released on a particular date. This fact is particularly important for the victims, specifically in sexually related offenses, in order for them to implement some security measures in order to avoid contact with the prisoner. The information being relayed by this system is up-to-date and includes automatic notification of the information to the victim. The system allows easy access to information regarding the criminal cases and custody status of the offenders for 24 hours every day. How To Find An Inmate’s Release Date This service is free for: Victims may register online for the service. The identities of persons who registered will be kept confidential and will not be released to the prisoners. However, due to the growing number of records of prisoners in the country, more information is needed in order to access the release information of a particular prisoner. The following information may be required by the service: first and last name, middle initial, aliases, case number, court location, social security number, former address, date of birth, and location of the jail. The information released by the VINE must be taken seriously. Victims who are notified of the date of release of a prisoner may take precautionary measures in order to protect themselves if they are vulnerable to being harmed or attacked. If the victim feels that the prisoner may initiate contact, he or she may petition the court for the issuance of a temporary restraining order. But, this act may expose the current address of the victim. Thus, in order for the victim to be fully protected, he or she may petition the court for the issuance of a permanent restraining order. This shall prevent the prisoner from making contact with the victim. Any act or plan of future harm or attachment may also be prevented. "
How to Give Someone a Power of Attorney,"There are several reasons why getting a power of attorney (POA) may be necessary. Whether your health is declining or you plan to travel for an extended period of time, appointing a trusted individual as your power of attorney can make a world of a difference. Essentially, a power of attorney is a document that gives an individual (agent or attorney-in-fact) the legal authority to act on behalf of another person (the principal). The main purpose of this document is to ensure the principal’s health and finances are taken care of by someone they trust in the event that they become incapacitated and can no longer make decisions for themselves. Most people associate power of attorney documents with elderly dementia patients, but the need for a POA can be as simple as a principal needing an agent to sign a contract on their behalf while they are out of town. So, how do you give someone power of attorney? In this article, we’ll go over the steps you will need to take to appoint a power of attorney, as well as what to consider if someone asks you to be an agent. But first, let’s go over a few key terms that you will need to when learning how to give someone a Power of Attorney. Power of attorney is a binding legal document, so it is essential to fully understand your options. Whether an agent is appointed to take care of the principal’s finances, medical decisions, or both, their duties and expectations will be outlined thoroughly in the document. Keep in mind, each POA document is unique to each principal’s needs and desires for their future. Below are the different types of agents. With a springing power of attorney, the agent’s duties do not begin until the principal becomes incapacitated. The document must define what it means for the principal to be determined incapacitated, so there are no discrepancies between the two parties. The agent’s duties begin as soon as the document is signed and continue in the event that the principal becomes incapacitated. A durable power of attorney can be ordinary/general or limited; the details of the agent’s role and expectations must be outlined in the document. For instance, a durable power of attorney may allow an agent to handle a principal’s finances before and after they are incapacitated. All legal details of the durable power of attorney are covered in the Uniform Durable Power of Attorney Act (UDPA). The agent’s duties are not exclusive to one area of the principal’s life (i.e. medical, financial, real estate). Rather, this attorney-in-fact is responsible for making decisions across the board for the principal. Typically an ordinary/general power of attorney is appointed to a trusted family member when the principal is experiencing a decline in health. The agent is responsible for a specific area of the principal’s life, usually medical or financial decisions, but not both. In some cases, a limited power of attorney will grant an agent the authority to make a one-time decision, such as signing a contract on behalf of the principal. Giving someone a power of attorney is never easy. In many cases, the decision comes with a sick or elderly family member. And while it is difficult to predict what their future will hold, one of the best ways you can protect yourself and your loved ones is to appoint a trusted individual as attorney-in-fact. A power of attorney may be given to a person through a printed form. Each state has its own preferred form. These forms may also be printed or bought from online legal sites. Review the steps below to learn more about giving someone a power of attorney. While selecting someone to be your agent sounds rigid, it’s a matter of putting your life in someone else’s hands. Before jumping the gun, have multiple conversations with trusted family members and/or friends. The ones who know you best will be able to help you make this big decision – and, oftentimes, it is revealed to you which of your family members is willing to take on the responsibility themselves. If you do not have someone in your personal life that you trust to be your attorney-in-fact, you may consider hiring a professional fiduciary. This is simply a paid professional that will carry out your wishes once you are no longer able to. And generally, a paid fiduciary is appointed a limited power of attorney, only handling your financial assets. Once your agent(s) has been decided, you will want them to meet with your attorney so everyone is on the same page. You may wish to speak to an attorney to familiarize yourself with the process before you make any decisions at all. It is entirely up to you. Either way, your attorney will know all of the minute details that go into a power of attorney document. They will also be able to give you professional advice if you are struggling to make a decision. Maybe you need one person to make all of your financial decisions, while you have another person in charge of health care choices. Or, maybe you have one person in mind to handle manage all areas of your life. Is your agent responsible for a specific task like signing a contract for you, or are they in charge of making all of your financial and medical decisions until death? Fleshing out the details is extremely important so there is no confusion about the agent’s role after the document has been signed. Once you have determined who will be appointed your agent, as well as what duties they will be responsible for, it is time to create the power of attorney document. You can get this form from the American Bar Association or websites online. It is a simple template, so you do not have to worry about leaving anything out. Include your name, as principal, and the name of the attorney-in-fact. Each form already lays down the tasks to be accomplished by the agent. You only have to check the corresponding boxes of the tasks. You may then select the powers that you will give to your agent. In many states, the form must be filed before the county clerk to validate the document. Be sure to check your state’s requirements and discuss with your attorney before signing the form. You must also bear in mind that a power of attorney may be revoked at any time. You may also transform a general power of attorney or special power of attorney into a “durable” power of attorney. As already explained, it is “durable” since said authority endures even after the death of the principal or even after the principal was declared by a competent court to be incapacitated. You can also execute a “springing” power of attorney. This term pertains to an authority that takes effect only after the principal becomes incapacitated. Maybe you are a caretaker for someone in your life, or you have a sick parent. Either way, you want what is best for them, including the right people to help and support them through this difficult phase in life. If you believe you are the right person for the role, it can be a tricky – but crucial – conversation. And remember: getting power of attorney over someone is entirely their decision, but we have some tips to help you navigate the waters. After all, the power of attorney is in place to benefit the principal and make sure their wishes are carried out in the event that they can no longer make decisions for themselves. If you want to get power of attorney over someone, be sure that you fully understand what they want to happen with their finances and health care. It is also a good idea to discuss what your compensation will be as attorney-in-fact, if any. Obtaining guidance from an attorney is one of the most comforting parts of the process. Show the principal that you care and want to give them the best future possible by accompanying them to meetings with the attorney. Ask lots of questions, and loop the principal in on any conversations you have with the attorney outside of your meetings. As mentioned above, a principal may have multiple agents responsible for different areas of their life. If you have been appointed a limited/special power of attorney, be sure to speak with the other agent(s) about each of your roles and how you will work together for the betterment of the principal. As an attorney-in-fact, you will likely be faced with making difficult decisions. It is essential that you maintain record of every action you take on behalf of the principal. This can be as small as keeping receipts for food you buy the principal and as significant as making a medical decision for them. When making medical or financial decisions for the principal, you also must have the power of attorney document on hand to show banks, physicians, etc. Obtaining Power of Attorney can feel like a lot of pressure. After all, you are responsible for the financial and/or medical decisions on behalf of another person. While this role should not be taken lightly, you do not need to be concerned about being liable for the principal’s financial outcomes. For instance, many agents worry about the financial debt that builds up from nursing home fees and medical care. However, you are not responsible for paying off any debt or expenses incurred by the principal. The only way you could be held liable is if you act negligently and not in the best interest of the principal. Keep in mind, being assigned power of attorney is not the right choice for everyone. Ensure that you have the capacity to handle the responsibility and the desire to care for the principal. For example, consider if the principal has a medical emergency; you may need to take time off work, travel to meet them, or make life-altering decisions. If you are not comfortable or willing to do so, it is best not to agree to be an agent. Elder attorney John Ross stated, “Tell that person, ‘I’m concerned about you enough to tell you that I’m not the right person.'” If someone is concerned about their medical and financial future, assigning a Power of Attorney before things get worse is one of the best things you can do to ensure you and your belongings are taken care of. As previously stated, a principal can only grant someone power of attorney if the principal is legally competent. So, what happens if someone is in a sudden accident, or has dementia and is deemed incapacitated before a power of attorney has been assigned? While the principal will not be able to grant someone POA, there are other options for loved ones to consider. One of the options is adult guardianship (conservatorship), which is similar to a power of attorney. In this case, a judge would make the final decision on who should be the guardian, not the principal (if an adult is declared mentally incompetent, they are no longer able to make legal decisions0. The process of determining an adult guardianship can be expensive, as well as stressful for the family because it is often tied to an unexpected illness or decline in health of the principal. To learn more about POA, take a look at 5 Things to Know About a Medical Power of Attorney. A durable power of attorney is an exclusive type of power of attorney. A durable power of attorney is distinctive from a regular power of attorney and allows the agent to act on the principal’s behalf beyond the incapacity of the principal. A durable power of attorney may be immediate or springing. The immediate power of attorney starts immediately after the durable power of attorney has been executed. The springing durable power of attorney goes into effect after a specific event occurs. For instance, it can be the disability of the principal. Durable powers of attorney are often created to deal with property or health care decisions. When someone considers creating a durable power of attorney, it is important to choose the right agent. The agent should be a person that the principal trusts and who will not take advantage of the principal when she or he is incapacitated. The agent is often a family member or a friend of the principal. A durable power of attorney has certain advantages. Before it, the only way to take care of the affairs of an incapacitated person was to appoint a guardian. Appointing a guardian is a complex and costly court proceeding. A durable power of attorney, on the other hand, is a very easy and inexpensive procedure that does not require a judicial proceeding. All legal details of the durable power of attorney are covered in the Uniform Durable Power of Attorney Act (UDPA). All American states recognize some form of a durable power of attorney and versions of it vary from state to state. However, certain powers cannot be performed by the agent, such as the powers to create, edit or revoke a will, contract a marriage, vote or change insurance beneficiaries. A durable power of attorney can be revoked or revised at any time as long as the principal is competent to make such a decision. If the principal is not competent, a durable power of attorney continues until the principal dies. After a divorce, child custody issues often force ex-spouses to deal with one another on a semi-permanent basis. Once custody matters have been settled, these two individuals must periodically meet to discuss the terms of their agreement and exchange their children at changing points between their fixed custodial terms. For instance, one ex-spouse might meet the other on a Friday evening in order to pick up his or her daughter for a court-ordered weekend visitation period. In most cases, one partner enjoys a more robust legal relationship with her or her children. This is known as “full custody.” The partner who lacks full custody may be able to see his or her children at certain times in an arrangement known as “partial custody” or “visitation rights.” These custodial agreements are typically reviewed by a family court judge on an annual basis. If a change in circumstances warrants a revision of the custodial agreement, the judge may transfer, extend or terminate custodial rights as he or she sees fit. When an ex-spouse is convicted of a crime and incarcerated, such a change might be warranted. Most family court judges would agree that it would be improper for a small child to spend significant amounts of time with his or her parent in a prison setting. However, the incarcerated parent can forestall a semi-permanent change in custody by signing his or her custody rights over to another individual using the “power of attorney” privileges inherent in his or her position as a guardian. Legally, a parent can sign over custody to any competent adult. Probable custody targets might include the custodian’s long-term partner, ex-spouse, parents or siblings. For such a custody transfer to become official, several things must occur. First, a legal document that outlines the custody transfer must be signed by the custodial parent as well as by the new custodian. This document must also be notarized by a certified “notary public.” Finally, it must be authorized by a judge in order to become legally binding. Although this process is not complicated, it often requires the assistance of an attorney. If such a custody transfer takes place between an ex-spouse and his or her new partner, the child’s other biological parent may file a motion to review the event. If a judge finds that the grievances outlined in the motion have merit, he or she may nullify it and grant full custody to the other parent on a temporary basis. "
How to Give Temporary Guardianship of Your Child,"A temporary guardianship is usually secured by parents in favor of persons whom they trust to supervise their children’s affairs. Temporary guardianship pertains to the brief assumption of control by another person over the affairs of another who is a minor or who was declared as an incompetent. When full temporary guardianship over a minor is awarded to a person, the latter, herein referred to as guardian, shall have the authority to decide for the child in order to protect the latter’s interest. The guardian shall be allowed to reside with the minor for the period of the guardianship until the child’s parents return or until the court has found a person to be the child’s permanent guardian. A temporary guardianship is often resorted to by parents when they would be: Once a temporary guardianship is awarded by the court, the guardian shall have the authority to make decisions for the child’s welfare. The court may monitor the decisions being made by the guardian in order to ensure that said decision was made for the greater interest of the child. How To Write A Legal Guardianship Document A parent may file a petition to declare a friend or relative as temporary guardian of his minor children before the local family or surrogate court. Filing a petition before the family court for temporary guardianship is not necessary when one of the parents is available to take care of the minor. Temporary guardianship can only be availed of if both parents are absent to monitor the affairs of the child. If there is a necessity for the filing of a petition for temporary guardianship, you must think of someone whom you trust completely to be the guardian of your children. In appointing a temporary guardian, you must think of someone who personally knows your child and if said person has children of his own, they must be of the same age as your child. The guardian must also be informed of important matters such as prescriptions and other health concerns. In some jurisdictions, filing a temporary guardianship petition in court is not a requirement for a parent to grant temporary guardianship over his children. A notarized Temporary Guardianship Agreement form is sufficient in order for temporary guardianship to be effected. "
Is it Legal to Buy Prescription Drugs from Canada?,"Citizens of the United States often find themselves tempted to purchase prescription medication from other countries. The high cost of the domestic drugs themselves is only one factor that causes those in need to look elsewhere. The cost of doctor visits, which are often required for every refill, can add up quickly. The hassle of insurance programs that will cover only specific items from specific pharmacies is sometimes enough to keep patients from filling much needed prescriptions completely. With all of these obstacles, why not buy prescription drugs from Canada? One good reason is that it is often illegal. The U.S. Food and Drug Administration is the entity that is in charge of determining whether or not prescription drugs are both safe and effective. Drugs purchased outside of the U.S., even if they appear to be the same as those that are bought in the States, can have a different composition. Furthermore, drugs bought outside of the U.S. are not guaranteed to have been produced in facilities that are kept to the high standard the FDA requires of its domestic drugs. Because of this, it is illegal for companies or individuals to purchase foreign drugs with the intent to resell. It is also illegal for many individuals to purchase Canadian drugs for personal use. Federal officials exercise what they call “enforcement discretion” when deciding who can and cannot bring prescription drugs to the United States. Though it is technically illegal for individuals to purchase prescription drugs abroad except in certain circumstances, border patrol will generally allow non-narcotic prescriptions that are no larger than a three month supply. The same is often true of mail order pharmacies. As long as quantities stay low, custom officials usually do not enforce prescription drug laws. The FDA does allow some individuals to purchase prescription drugs from Canada for personal use if specific guidelines are met. Those who suffer from serious diseases may be prescribed a prescription drug that is not yet approved in the U.S. This is most commonly seen in certain types of cancers. When this happens, it is obviously necessary to buy drugs from Canada or other countries. "
What is a blind trust and how does it work for lottery winners?,"There are quite a few stories in the world of lotteries in the United States that describe unfortunate cases of winners who strike it rich only to lose their jackpot dollars to poor money management skills, scammers or dubious relatives that magically appear out of nowhere. The problems typically begin when the winners are identified by the lottery commissions and the media. Blind trusts are legal asset management structures that can help lottery winners control their money earned and maintain a certain level of privacy. In 2010, the $261.6 million Powerball Lottery jackpot went unclaimed for a month until an attorney showed up to claim the prize on behalf of his anonymous client. In this case, the lawyer was the trustee carrying out a money management instruction for a grantor and beneficiary who wanted to keep his or her identity a secret. A blind trust is essentially a deed that describes an agreement that falls under the category of irrevocable living trusts. As in other trusts, there is trust grantor, a trustee or administrator, and a beneficiary. When blind trusts are constructed for purposes other than to manage lottery winnings, the beneficiary is not be able to access the assets held by the trust. Some state lotteries encourage jackpot winners to deposit their prize money into a trust, though not necessarily a blind trust. For example, winners of the multi-state Powerball Lottery in the United States are not required to disclose their names as long are residents of, and purchased their tickets in, in Delaware, Kansas, Maryland, North Dakota, or Ohio. In other states, however, lottery winners must provide their names and the cities where they live in. Although a state lottery commission may require disclosure of name and place of residence from jackpot winners, blind trusts may still be set up to offer some level of asset protection. The trust must be constructed according to statutory provisions and rules of procedure; the grantor will also be the beneficiary, but these parties will not be identified and will remain anonymous throughout the term of the blind trust. The winning lottery ticket can be deposited into the trust as an anonymous donation. The trustee will have full discretionary powers to manage the prize money as they see fit; for this reason is essential to retain a reliable trust management company or a law firm with a few partners and associates. The distribution of funds is established when the trust is established and cannot be changed, which means that lottery winners must exercise caution when selecting this method to claim their jackpots. "
Florida Labor Laws About Break During Work,"Under the federal laws of the United States, the government, through the Department of Labor, has not enacted any laws that require breaks during a work shift. There is only one regulation applicable on breaks and that is when an employee is cheated of his overtime wages as a result of a short, unpaid snack break. This is also observed in the state of Florida. Technically, the U.S. Department of Labor does not have any policy on 30-minute lunch breaks, since they are not considered as working time. Employers are generally not required by law to pay for short lunch breaks. This is observed in all other states unless it has been the practice of the employer to pay for such lunch break. In Florida, employers usually allowed 30-minute lunch breaks for employees working on a six- to eight-hour shift. There are also coffee or snack breaks that usually last for at least 5 to 20 minutes and are often taken when the employee is working — for example, when a worker takes a snack while working at her desk. The taking of a coffee break or a snack break may raise issues with the employer since it may affect the work of the employees. Another issue is when the 15-minute break prolongs the working hours of the employee making the employer liable to pay overtime work for which the employee is entitled to under the U.S. Federal Labor Laws. Under Florida Labor Laws, employees are usually allowed with a 30-minute lunch break and 15-minute short breaks. This is applicable to employees who work in an eight-hour shift. Those who work under six hours are entitled to a paid break, but not a 30-minute unpaid break. In the state of Florida, employees who are under the age of 18 are entitled to have a 30-minute unpaid break for every 4 hours of work. However, this does not apply to 18-year-old employees who are still in high school. Employers, under federal government laws, are not required to give lunch breaks. Each state may decide whether or not they would like to make such lunch breaks mandatory. This is also applied in the State of Florida. At present, there are 19 states which require lunch breaks. They include: For more information on labor laws, check out Labor Law. If you work in Florida or have a business there and are running into issues regarding the labor laws and employment, get a free case review by a local attorney to clear up any questions. "
How to File a Harassment Restraining Order,"A Harassment Restraining Order is an order issued by the court in order to keep the offender, or any person acting on his behalf, from contacting the victim in any way. The restraining order also keeps the offender from making physical contact with the victim. The offender is technically prohibited to go near the victim or remain at a prescribed distance away from the victim. Any person who is a victim of harassment may seek the issuance of a restraining order from the Court. In the case of a minor victim, the parent or guardian of the minor may request for the issuance of the same. Once the restraining order is issued, it may prohibit any form of harassment from happening. A Harassment Restraining Order is issued against: Any one of these that promote or sponsor any form of harassment. What Happens If Someone Violates A Restraining Order? The petitioner may fill out the Petitioner’s Affidavit and Petition for Restraining Order. The affidavit must be complete and specific and must include the date, time, places, actions, and conversations that lead the petitioner to feel harassed. Said facts must be included in a narrative or affidavit stating the ultimate facts of the case. The Petitioner’s Affidavit and Petition for Restraining Order must be filed before the court administrator in the county where either party resides or in the county where the act of harassment occurred. Filing fees will be charged therefor. If the petitioner is indigent, he may file an “IFP form” which shall entitle him to waive the filing fee. Once the filing fee is paid, the court administrator will forward the petition to the judge for review. If the judge found that there is a necessity for the issuance of the restraining order, he shall issue it forthwith. Otherwise, the judge will order the dismissal of the case. The judge may also schedule a hearing, with or without the issuance of a restraining order. If the facts that are required for the issuance of a restraining order are fully established, the judge may issue the same for a period of two years or less. Said order will remain to be effective unless the petitioner or the respondent requests for a hearing for the purpose of opposing said order. The judge may also schedule a hearing on the facts in order to find out if there is a great possibility that the harassment is likely to happen. "
How to write a letter of permission,"People with school-age children are usually familiar with letters of permission requested by a school so their child can go on a school trip. Other requests for letters of permission arise in common, everyday situations including: ?	A parent giving permission for a babysitter or caregiver to authorize medical treatment for a child
?	A parent granting permission for a child to travel overseas with a relative or, in some circumstances, with a divorced parent who does not have custody
?	A business or individual asking for permission to use copyrighted or trademarked material Unless the person receiving the letter of permission asks for a specific format or language, the choice of wording is up to the person writing the letter. There are a few tips that will help to make a letter of permission more effective. Address the Letter Address the letter by using the full name of the person, company or agency with whom the person getting permission will be dealing. When this information is unknown, address the letter: ?To whom it may concern.? Identify the Purpose of the Letter Begin the letter by explaining the specific purpose for which permission is granted. For example, if a parent is giving a babysitter permission to authorize medical care for a child, the letter should begin by identifying the writer as the child?s parent and state that its purpose is to give the babysitter authorization to obtain medical treatment. The precise permission language will come later in the letter. Give the Permission It is important to be clear and unequivocal in the wording of the permission section of the letter. One method of accomplishing this is to use the full names of the person giving permission and the person to whom permission is given. If the letter gives permission for the care, medical treatment or other activity in which a child is involved, the full name and age of the child should be included. The following sample wording might work for some situations: ?I (insert full name) give permission and consent to (full name of person to whom permission is given) to (identify the activity including the name of a child if appropriate).? A person should alter the wording to suit the type of permission given. Sign and Date the Letter of Permission Laws differ from state to state as to the formalities of signing letters of permission. Some states require that the letter be notarized or witnessed while just a signature and the date will suffice. "
How to Order a Criminal Background Check on Yourself,"If you’re interested in knowing what your criminal record says, ordering one on yourself is quite simple. Potential employers, landlords, and sometimes even educational institutions to screen renters, employers and volunteers use criminal background checks. Ordering a background check can be done in person or online, and will not require a lot of time or effort to obtain the record. The State Department of Justice, local sheriff’s office, or police station is the easiest contacts to communicate with in regards to ordering a record. All states store their criminal records in both a hard copy format and in a computer-based database. You’ll have to figure out if your state requires you to visit the: If you believe that you have a record, or know that you committed a crime in another state you will need to contact that state as well. Some states offer online ordering, which negates a visit to any law enforcement agency. Once you have figured out where the records are kept in your state, you will need to request an application for a criminal history report. The application will ask your name, address, and other identifying information like your Social Security Number or driver’s license number. There will be a fee to request the report, and you may have to show identification to prove that you are the person on the report. Some states require fingerprints as well. Once submitted to the state, a criminal background check will take a few weeks, and will be sent to the address you listed on the application. The Federal Bureau of Investigation (FBI) has an application called “Applicant Information Form”, which is used when people are requesting federal criminal information about themselves or others. The application will ask for name, address, social security number, birth dates, and current contact information. The FBI application requires fingerprints, which can be completed at your local law enforcement agency. The FBI request will cost $18 and will take approximately four to six weeks to be sent to you. If you don’t have the time to do a search on yourself, hire a private investigator or company that deals in background checks. This method will cost more, but you will not have to go to courthouses or put the time in to do it yourself.   Finally, no matter how you get your record, you should review it for accuracy. If it is accurate, and you have criminal activity on your record it may be advisable to seek an attorney to discuss expungement or sealing of your record. This may make your criminal record look less risky for potential employers, landlords, and others needing this information. "
Can I Get Unemployment if I Move to Another State?,"Workers in the United States are generally able to collect unemployment insurance benefits even if they move to another state. In some cases, it is just a matter of formally reporting the address change. In other cases, however, the amount of unemployment compensation may vary, or else workers receiving benefits may be required to take additional steps for the purpose of updating the status of their claims. There are two major types of unemployment benefits that workers in the U.S. may be entitled to when they lose their jobs: Severance packages and unemployment insurance. Employers in the private and public sectors may offer a severance package, which can be paid out as a lump sum amount or in installments that match the pay periods of the company the workers was previously employed by. Severance packages may be required by means of agreements signed by employers and labor unions. They may also come as a penalty due to the employer’s failure to abide by the Worker Adjustment and Retraining Notification (WARN) Act. This federal labor law requires employers whose staffs are greater than 100 workers to issue a notice 60 days prior to a mass layoff or ceasing operations. Employers who do not follow the WARN Act provisions may find themselves paying their workers’ salaries for up to 60 days. Unemployment insurance is a federal program that is administered by each state. It involves the collection of funds authorized by the Federal Unemployment Tax Act (FUTA) from each employer. The Internal Revenue Service (IRS) collect the FUTA taxes on behalf of the unemployment insurance divisions of each state. Administration of unemployment insurance and benefits is left up to individual states, which explains the difference in payout periods, filing requirements and payment amounts. In the case of severance packages and WARN Act violations, employers must remit payments wherever the worker is located; the displaced worker simply has to notify the employers of his or her address. In the case of unemployment benefits, however, the worker must first check with his or her state’s labor and employment agency. When employees are fired or laid-off from their jobs, they must immediately file an unemployment benefits claim in the state that they work in. This is important for those workers who travel across state borders to get to work. Once they are collecting benefits and move out of state, they must notify their labor and employment agencies in order to keep getting paid. They may be required to register immediately in their new state of residence, and they may continue their job search in their new community. "
Best Way to Legally Change a Child’s Last Name,"Legally changing the last name of a minor child is a uniform procedure across the 50 States and the District of Columbia. Each entity has its own forms and filing fees, but the approval or denial of the request is made by the presiding judge in the county, city, or district court where the name change petition is filed. The final decision will be made based on the justification for the request and the best interest of the child. Each state’s website for downloadable forms can be found at www.namechangelaw.com/states.html. Forms can also be gotten in person from the local courthouse. To change a minor’s last name, the requester must be a parent, a legal guardian, or an adult seeking adoption. A situation could be where the mother never married the father and now either want to change the child’s last name to her maiden name or for the child to acquire the father’s last name. If the father’s name was not initially listed on the birth certificate, he has the right to request a DNA test before consenting to the use of his name. How to Change Your Name Legally File a petition with the court clerk explaining why a name change is being requested. Depending on local policies, the petitioner may be required to publish a notice of the petition in a public newspaper or on a court website. Provide the court with documents supporting the petitioner’s relationship with the child. These can be the child’s birth certificate, divorce papers if the parents were married, the requester’s personal identification, or legal guardianship documents. File a notarized affidavit of consent from the biological father showing his agreement to the name change. Attend a hearing on the petition. When the biological father does not agree to the name change, the judge will schedule another hearing to listen to both sides of the case. The judge will want valid justification from the father in order to deny a name change request. The judge will render a decision after the hearings. A copy of the legal document showing a name change approval will allow the child to start using the new last name. The original birth certificate cannot be changed to reflect a new name. For future legal purposes, all parties need to keep copies of all documents related to the name change. "
How To Sue Someone For Slander,"If you’ve ever thought about slander, you probably think of celebrities in the limelight. You might think of tabloids, press conferences, and talk shows, but slander is not at all exclusive to the rich and famous. Misconceptions like these surround the terms of slander, libel, and defamation of character. And while each term is closely related (more on that later), we’re going to focus specifically on unpacking the civil crime of slander: what exactly it is, how it is proven, and how to sue someone for slander. What Is Slander? Slander happens when someone publicly speaks damaging and false information about another person. It is a form of defamation of character. Slander is also similar to libel, another form of defamation, but it can be harder to prove in a court of law than libel is. People slander is spoken defamation (not written, like libel), there are several challenges that come along with pursuing a slander lawsuit. So, how do you sue someone for slander? Well, you must meet four requirements for your case to even legally be considered slander. Let’s take a deeper look at each of these requirements for slander. Publicly trash talking someone does not automatically qualify as slander. The statement must be false to be considered slanderous.  What about opinions? While someone sharing their derogatory thoughts about another person in public is offensive – and quite possibly damaging to one’s reputation – it does not qualify as a false statement in the eyes of the law. To be false, the statement must have a factual nature. Now, publicly spoken does not necessarily mean the statement was made in front of a room full of people or on a podcast. Just one witness must be present in order for the false and damaging statement to be considered slander. Another aspect of slander that can be difficult to prove is the havoc it can wreak on someone’s life. For instance, if a person publicly bashed someone else, but the result of the comments were minor, the court would likely not consider it a serious case of slander. However, let’s say we have two competing restaurants in the same town, and one of the owners decides to share that the competition uses expired ingredients, when in fact that is not true at all. The statement could be considered slander only if the victim could prove that they lost business as a result of the false claims. If a statement is unprivileged, it means that it was completely unreasonable for the person to speak poorly about the victim.  Comments that are made out of the left field, with absolutely no context would be considered unprivileged. However, if a journalist or reporter makes a statement about a government official that is seemingly false and defamatory, it may qualify as privileged because it is part of their job to openly uncover and comment on political situations. Unprivileged statements can be difficult to identify, so it is best to speak with a lawyer if you are unsure. Not only do you have to meet each of the four requirements for slander mentioned above, but public figures must prove a fifth point: actual malice. Acutal malice is the idea that the person speaking the slanderous statement had the intention of lying and harming the other person’s reputation. Actual malice cases can be extremely difficult to prove. Read more about Rebel Wilson’s highly covered defamation case. Slander per se is a form of slander that is considered when it is obvious that the defamatory statement has caused damage in the victim’s life. Defamation laws vary state by state, so you’ll first want to do a bit of research on how your area handles slander cases. For example, some states require the perpetrator to retract their slanderous statement as a part of the process. You also need to consider the jurisdiction of your case. If the slander took place in a state that you are not currently in, this may impact which state you are able to file the lawsuit. You will need to provide, in court, copies of the slanderous statements that the other person made against you, as well as proof that the statement checks off all the requirements we outlined above. As you are figuring out how to sue someone for slander, it’s best to reach out to an attorney (preferably one who specializes in defamation suits) to talk about your options. This doesn’t automatically mean you need to file a lawsuit against the perpetrator, but it opens doors to understanding your options. Once you have thoroughly discussed the case with your lawyer, he or she can file a lawsuit on your behalf. Your lawyer can most likely get a settlement for you if you have a strong case against the other person. A lot of times, slander deeply affects the lives of everyone involved in the case. When a situation is taken to court, it tends to prolong the emotional pain and suffering, as well as put an even brighter spotlight on the slanderous statement. It is possible to settle out of court if you and the person you are suing are both willing to do so. Sometimes, rather than focusing on how to sue someone for slander, hiring a mediator can be the best and quickest solution so you can move on with your life.   Read more about the difference between slander and libel and how to handle both. "
How to Write a Legal Memorandum,"Legal memorandums form the basis of communications in the attorney profession. These documents can be used in different contexts, and the most common among them is to deliver a legal opinion to clients with regard to the issues and merits of a case. The intended readers of legal memorandums may not always be clients; they may also be associate attorneys, partners, or colleagues. In some cases, an attorney may be called upon to write a legal memorandum addressed to the court. The first step consists of defining the purpose of the memo, which can be written as part of a strategy to advise a client, to prepare a legal team for a trial, to ask for an opinion, or as part of a pleading. Proper research is the most important aspect of the legal writing process, and it should always be thoroughly accomplished prior to sitting down to write a legal memorandum. The next step is to settle on a format. Here are the sections found in the most typical format layout of legal memorandums: – Writer’s Heading
– Legal Issue
– Answer
– Statement of Facts
– Discussion
– Conclusion The next step is to settle on a truly logical pattern that allows the reader to comprehend the argument. This means that attorneys should not simply write their recollections of events; they should rather persuade the reader to understand the details of the case and how the law relates or applies to them. The heading should include sufficient contact information about the writer and intended reader in addition to a one-line descriptor of the case. Since each case is bound to produce multiple legal memorandums, it is always a good idea to establish a numbering sequence in the heading. The legal issue is written in the form of a question that is answered in the following section. The statement of facts refers to the objective presentation of information provided by the client. The discussion that follows the statement of facts should describe the law as it applies to the case, and it should also state the pros and cons of at least one legal strategy. How to Write a Legal Statement of Fact The conclusion in a legal memorandum can be merged with the statement of facts, although readers would appreciate a conclusion that summarizes the entire document and outlines the legal analysis in a couple of sentences. "
What happens when a condominium complex goes bankrupt?,"The owner of a condominium receives a deed conveying a single unit in a building or series of buildings. A unit owner also acquires an interest in the common property of the building or complex. Such features as clubhouses, swimming pools, lawns, sidewalks, parking lots, and roadways are examples of common areas. An individual unit owner has title to the interior walls and from floor to ceiling, with other non-unit parts of the building structure designated as a common area. A condominium association representing the individual unit owners manages the property and is responsible for maintaining the common areas. Unit owners vote to elect a board of directors to manage the association and prepare an annual budget to finance the activities of the condominium association. The association’s revenues come from annual assessments imposed upon unit owners and paid as monthly common charges by each owner. Condominium associations rarely file for bankruptcy because state laws strictly regulate and impose government oversight upon the formation, operation, and management practices of condominium associations and their boards of directors. Economically struggling unit owners who pay their common charges, gross mismanagement by the board of directors or internal theft could leave a condominium association unable to meet its financial obligations to creditors. When condominium associations file for bankruptcy, they usually file for reorganization under Chapter 11 of the United States Code. Reorganization allows an association to restructure its debt under the protection of an automatic stay that halts collection proceedings during bankruptcy. A condominium association in Chapter 11 has: What Would Happen if the US Treasury Goes Bankrupt? Fortunately, the bankruptcy of the condominium association usually has little impact on the owners of the units or the complex. Most associations continue their management duties as a debtor in possession under Chapter 11 under the supervision of the bankruptcy court and the bankruptcy trustee appointed by the court to oversee the case. Because title to the real property of the condominium complex is held by individual unit owners who also each own a percentage of the common areas, the loss of the real property to the bankruptcy court or to creditors is not a risk. "
What Happens If My OTC Stock Goes Bankrupt?,"Over-the-counter (OTC) stocks listed on the FINRA Bulletin Board or on the Pink Sheets carry substantial risks for traders. The potential bankruptcy of the company is the ultimate risk, and in this regard OTC stocks are no different than their counterparts on the more reputable financial exchanges such as the New York Stock Exchange and the NASDAQ. In most cases, the shares of a company that goes through the bankruptcy process become worthless. This is the case for both private and publicly traded companies; it does not really matter if they are penny stocks or blue chip securities. It does not matter what type of bankruptcy protection program the company is seeking; it is mostly a matter of how the market will react, and most of the time shareholders will move to dump the stock in a flash at the first mention of insolvency. Listing and quotation systems such as the FINRA Bulletin Board and the OTC Markets Group Pink Sheets actually carry the stocks of bankrupt companies. This is because exchange systems such as the NYSE and NASDAQ have certain rules in place when it comes to handling the shares of companies that file for bankruptcy, which often includes sending them to the OTC markets. A publicly-traded company that files for bankruptcy does not automatically go through liquidation. A Chapter 11 bankruptcy filing, for example, allows a business enterprise to keep operating while it works out a plan to repay its debt. This, however, does little to assuage the concern of shareholders who will more than likely move to dump the stock. When this happens, stock values plunge dramatically and stocks go through the process of delisting. Investors should also forget about dividends. OTC stocks can be traded even if the company is in the midst of bankruptcy proceedings, but wise investors know to stay away from these volatile shares. A redemptive strategy in this case is to chalk it up to a loss and declare it as such when it is time to file a tax return. There are, however, speculative investors who scour through SEC filings and the OTC boards looking for bankrupt stocks that they can make a quick profit from, but this is a risk that is not worth taking. Not all companies that go through a debt restructuring period will emerge from bankruptcy, and when this happens their stock is really gone forever. "
Are the fees I paid my bankruptcy lawyer and trustee tax deductible?,"Basic Information
Bankruptcy fees paid to lawyers and trustees can be either a tax deduction or not and it will depend on the type of bankruptcy filed, Chapter 7 or 13, and on the items included in the petition. In order to take any bankruptcy expense as a deductible item on your taxes, you will need to file a Form 1040 and itemize your expenses. If you file using the short form, you will not be allowed to claim any itemized deductions. Deductions Allowed by IRS
Regular legal expenses for Chapter 7 and 13 bankruptcies and the filing fees, $299 for Chapter 7 and $274 for Chapter 13, are not deductible as defined in IRS Publication 908, the Bankruptcy Tax guide, which rules these fees as personal expenditures. However, if your attorney spends time communicating with the IRS regarding any tax issues you have; those fees are deductible and will be listed as a miscellaneous expense on your Schedule A tax form. Any fees that you pay to either your attorney or an accountant for the preparation of your taxes while you are in a bankruptcy proceeding will be taxable itemized deductions on your Schedule A Tax Form. Allowable Expenses as Tax Deductions
Any item paid in your plan to a trustee that would normally be a tax deduction, such as back federal or state taxes, spousal support, delinquent mortgage payments or mortgage interest, can still be taken as a personal tax deduction. These are expenses that you are paying through the bankruptcy distribution process by your payment plan administrator, the trustee, and it is the same as if you were writing the check yourself. It is a good practice to ask an accountant or your attorney if you are not sure whether an item is deductible or not. Debt Forgiveness can be Excluded from Taxable Income
There is one potential form of taxable income that you will not have to report on your taxes while in a bankruptcy payment plan. Under a non-bankruptcy basis, if a creditor forgives some or all of a debt, you, as the taxpayer would be required to include the forgiven amount as a form of income. Under the rules of bankruptcy, you will not need to report the forgiven debts. "
What Are IRS Imputed Interest Rules?,"Have you ever loaned money to a friend or family member? And not the 20 or 50 dollars until Friday, but rather several thousand dollars that was used to purchase a home, a car, or even start a business. If you did, you most likely did not charge interest since the loan was simply for the principle and you expect to be paid back at a particular time or over a set period. If you did this and the news of the loan somehow reaches the eyes of the IRS; you as the loaning party could be in for a huge and unpleasant surprise in the form of interest penalties invoked by the imputed interest rule. What is the imputed interest rule?
In a basic sense, the rule states that in any case of a loan between two private parties, there has to be an interest amount paid to the lender. If there is not a set interest rate between the two parties, the IRS will invoke an interest rate of it’s own and tax the lender based on that rate. While the rule seems unfair on paper towards the lender, the cause for this may be the fact that the person receiving the money may be drawing interest on it through a bank or even claiming the loan payments on their tax return and thus cheating the system. It also ensures that money is simply not being laundered through no-interest loans through illegal means or purposes. How do you solve this problem?
The easiest way to solve this issue is to set an interest rate that is very small and thus satisfying the demand for an interest rate put in place by the imputed interest rule. Yes, you will still pay a tax on the interest received but the amount will be minuscule in comparison with what the IRS would set in place. While it may also seem simply easier to claim the money is a gift you gave, this poses another problem that does not involve the IRS but can be far worse. If you loan money to someone but legally claim the money as a gift, there is nothing legally to keep the other party from deciding not to repay the money. In this case, any legal attempt to satisfy the loan will not be heard. The best way to satisfy the rule is to abide by it and simply set an interest amount that is agreeable to both parties. This will also satisfy the government’s demand that interest be paid and collected on the loan so it can be properly taxed. "
How Much Does It Cost to Change Your Name?,"The cost of changing your name can vary from state to state, and can depend on how thorough? and how fast? you want the change to be. The greatest expense in the process of changing your name is obtaining a court order. Although you do not need a lawyer to obtain a court-ordered name change, it can still cost in the range of $150 – $500 for various court and filing fees. Required documentation varies by state, and fees vary by county. There is no single fee that applies in every state across the country. You will need to check the website of your County Courthouse to find the precise amount required to file court documents where you live. Filing fees are usually around $25 per document. You can often obtain necessary forms from the courthouse free of charge. If not, you can purchase generic legal forms from an office supply store for $1 – $2 each. Forms required may be a Petition for Name Change, Order for Name Change, and/or Affidavit of Name Change. After the name change has been ordered by the Court, you will have to pay an additional fee, which typically ranges from $15 – $20 for each official copy you request. You then use official copies of your court order to have your name changed on other important documents. Some of the other places you need to remember to change your name are:   Best Way To Change Your Name On Your Social Security Card If the process seems daunting, you can pay a professional to deal with it for you. For around $50, these companies will complete all of the various forms, address all of the envelopes to the right administrative offices, and send you the complete package. This costs you a bit more money but saves you the colossal hassle of dealing with all of the red tape involved in changing your name. "
Preparing an Insolvency Worksheet: A Legal Guide,"There are few experiences in life more stressful than facing ‘insolvency‘ that moment that you realize you have nothing more to your name than letters. You’re probably asking yourself, How could this happen to me? but the situation may not be as dire as you think. Before you start thinking of all the possible negative outcomes, it may help to get a better handle on the actual numbers you’re dealing with. Preparing an insolvency worksheet will help spell out the reality of the situation so that you can move beyond insolvency in your life. Using an IRS insolvency worksheet can be a sober reckoning, but it’s also a good foundation to make plans on how to bounce back. Here’s a look at what insolvency means and how you can put pen to paper to get you through it. According to the IRS, a person is insolvent when their total liabilities outweigh their total assets. There are some benefits to declaring insolvency with the IRS. When a financial institute or debt collector cancels some or all of the debt you owe, you will be issued a 1099-C. This will reflect the amount of money that was canceled or settled. Unfortunately, the IRS will consider any money reported on a 1099-C as a form of taxable income unless you can prove that it was insolvency during the time that it was canceled. Here, the debt that has been canceled can be excluded because of insolvency from income under an IRS “insolvency exclusion.” This debt can also possibly be excluded in Title 11 bankruptcy exclusion or if the discharge dealt with real property from a business or farmland. If you believe you might qualify for any of the above exceptions for insolvency, be sure to review IRS Form 982. With respect to the IRS, it’s essential to discern between recurring debt difficulties and creeping insolvency so that you can address the problem properly. Insolvency typically occurs in one of two ways: As an example of asset insolvency, let’s say someone’s assets include a car (worth $10,000) and a home (worth $200,000) and they have total debts in excess of $250,000. In this case, that individual is insolvent by $40,000 because their total debts of $250,000 exceeded their cumulative assets of $210,000. If a creditor you owed chooses to discharge $20,000 in debt owed, then because of the insolvency exclusion, that $20,000, which is normally taxable, is no longer taxable as income. If you believe you can make your way out of debt, then you should consider testing that out to determine if you can remain solvent in the coming months. However, here are some telltale signs that there might be more problems afoot: An insolvency worksheet helps you to determine the degree to which you are insolvent. Specifically, it tallies and compares your liabilities to your assets to make the determination of whether you are actually insolvent and, if so, to what extent. First, prepare a list of all of your assets and indicate the fair market value for each. An asset is considered a valuable item that you can sell for cash. Assets can include your car, your home, jewelry, or other valuables. You should also make a list of all of your liabilities. Liabilities include any additional debt that you might owe. Finally, you need to create a financial statement that compares your liabilities to your assets. Ideally, you want the table you create to demonstrate the fact that your liabilities in dollars exceed the fair market value of all of your assets. This insolvency worksheet must be created at the time you receive the debt cancellation or the settlement. The only way that the IRS is going to deem you insolvent is if you complete the table as soon as you receive the 1099-C. In the event that you are insolvent, you are not required to file your 1099-C as an income. If you don’t yet know whether you’re insolvent or not, or whether there may be other tax laws that can benefit you, consider getting an initial legal review of your situation today. "
Finding Selective Service Registration Number Online,"Who Must Register with Selective Service
In the United States all male US citizens, US nationals, dual nationals of the US, and non-citizens living in the US who are between 18 and 26 years old must register with the Selective Service System (SSS). Men already in the military at the time of their 18th birthday are not required to register unless they are still under the age of 26 when they are leave the military service. To date, females are not required to register. Failure to comply with the national law to register can result in a criminal conviction with a fine up to a quarter million dollars and/or a term of imprisonment not to exceed five years. How to Register with Selective Service
There are four avenues available for men to register with the SSS: (1) At a Post Office where a Selective Service mail-back form is available and the applicant does not need to have a social security number; (2) On an application form for Federal student aid by checking the ?Register Me? box and the education department will provide the information to the SSS; (3) At a high school with a participating SSS registrar who assists students with their registrations; and (4) Online at www.sss.gov/registration to fill out a short registration form. A registrant must have a personal social security number to use the online form. Finding a Selective Service Registration Number Online and Telephonically
Individuals can check on their selective service registration numbers in one of two ways: (1) Non-electronic registrants can call the Selective Service registration information hotline at 1-847-688-6888; or (2) Online registrants can find a selective service registration number by using the online registration form search engine available at www.sss.gov/registration/verification. An individual will need to have the following information; the registering party?s last name, social security number and date of birth to get a registration number. General Information Regarding Selective Service Registrations
Without proof of having registered with the SSS, men will not qualify for nor will they be permitted to have or receive student loans, federal employment, security clearances, Workforce Investment Act training programs, and US citizenship. Selective service registration number verification cards will be mailed within two weeks to those who registered online. Verification cards for those who used a student loan or the postal system for registration may have to wait up to 90 days for acknowledgment of registration. "
Best Way to get a Copy of Last Year’s Tax Return,"Every day in locations across the United States there are a number of individuals needing tax return information and forms filed during a prior calendar year. Some people need tax filing data for legal, financial and employment purposes. Other individuals are trying to piece their lives back together after destructive weather activities. There are several ways that individuals can get a copy of last year?s, or several prior years?, tax return forms depending on how the forms were originally completed and filed. Several of the best options for how to get a prior year?s tax information are listed below: Professional Tax Preparers
If someone used an income tax preparer service such as H&R Block, or a personal CPA or Tax Attorney, copies of the filed tax forms can be obtained with one telephone call. The preparer will have the forms in the client?s file and will either mail a hard copy to a street address or electronically send the forms to the client?s email address. This service should be free from the tax preparer or for a small fee for copying the files and for postage. Self Filed with Online Programs
If someone used an electronic program such as Turbo Tax or e-file, the forms will be available in a file folder. If someone cannot remember their log-in information, the program host will assist the individual with retrieval of the information. The tax filer will be able to download the forms onto a personal computer where the forms can then be printed out. The retrieval of tax forms from an electronic service should be free of charge. Self Filed with Paper Forms
If someone filed using paper forms and did not make a copy for himself, that tax filer will need to request the desired tax return forms from the IRS and from the appropriate State Comptroller. Using IRS for Tax Return Forms
The IRS offers two methods to retrieve a prior year?s tax information: (1) Use of the IRS Form 4506-T will get someone a free transcript of information originally submitted on the tax forms. A transcript will fulfill legal, financial and employment requirements, or (2) Use of the IRS Form 4506 will get someone a copy of all the tax returns with supporting schedules and income information such as W-2s and 1099s for a fee of $57. Forms are available on the IRS website www.irs.gov or by calling the IRS toll-free number 1-800-908-9946. "
Best Way to Get the Number from a Blocked Call,"Receiving a phone call from a blocked number is extremely frustrating. Sometimes it can even be a frightening experience. Most of the time, a blocked phone call comes from a reporter or a telemarketer. Unfortunately, there are times where individuals received blocked phone calls from people who are pulling a prank or even making threats. Fortunately, both the local law enforcement and your phone provider should be able to help you find the number behind the blocked calls you have been receiving. Make Note of When You Received The Phone Call
It is extremely important to keep a detailed recorded of blocked phone calls when you want to find out the number behind the call in order to get the calls stopped. This means you need to write down the date and time that the call took place. You should also record as much information as you can about the call. This should include anything that was said, if you heard heavy breathing, when they hung up, as well as any background noises you may have heard. Contact the Customer Service Department of Your Phone Provider
The customer service department of your phone provider is going to be able to tell you exactly what you need to do in order to trace the phone call. Typically, you are going to have to work with the company as well as the local law enforcements in order to obtain the number. Give All Your Records to Local Law Enforcements
Local law enforcement are going to be more likely to get involved if there is a clear pattern between the phone calls you are receiving. This is why it is so important to make sure that you document every single phone call. Once you start to receive multiple phone calls that are clearly coming from the same source it is considered harassment and local law enforcement will be happy to step in. Keep in mind, once law enforcement are involved you are going to need to keep the caller on the line for a certain period of time so the call can be traced. You are also going to want to consider pressing charges. While it can be an expensive process is is the only want to prevent the person from continuing to call you from a blocked phone number. The only other option you really have when it comes to receiving blocked phone calls is to consider having your phone number changed and getting put on your phone companies do not call list. This will make it more difficult for telemarketers to get ahold of your phone number. "
What happens if I violated my DUI probation by not being able to pay for the alcohol classes the court ordered?,"Most states require motorists convicted of an alcohol- or drug-related driving violation to complete a state-approved DUI program. The intent of the programs is to reduce the number of repeat offenders by offering education and instruction on the dangers of driving under the influence and to offer a forum in which participants can address personal issues they might have with alcohol or drugs. Private companies that must meet state standards usually present the programs for which they are entitled to charge a fee. If a DUI program is a condition of the sentence, being unable to afford the program fees is not an excuse for not attending. A person on probation who fails to fulfill the conditions of probation, including attending a DUI program, can be charged with a violation of probation. If a judge agrees that the person violated the terms of probation, the judge has the authority to impose a new, and usually harsher, sentence. California, Florida and most other states have procedures by which a person convicted of a DUI can ask a judge to reduce or completely waive the fees normally charged for the state?s DUI programs. For example, California prohibits the operators of its state-approved DUI programs from preventing anyone from participating based upon the person?s finances. Program operators are specifically prohibited from wait-listing a participant or referring a potential participant to another program provider based on the individual?s inability to pay. Under most programs, a person convicted of a DUI who lacks the financial resources to pay the fees charged for the court-mandated program may obtain a waiver by presenting proof of indigence with the company offering the DUI program. For instance, DUI program operators in Florida are required to have written criteria in their operations and policies manual for handling requests for waivers of program fees. Individuals who cannot raise the money to pay the fees for a court-imposed DUI program should discuss the issue with their probation officer. Procedures for obtaining waivers vary from state to state, but a probation officer would know how to make a request for a waiver, and to whom the request should be made. Ignoring the DUI program will probably result in the imposition of additional penalties, but the condition to complete the program will not go away. "
"If I own two homes, can I file bankruptcy and keep one of my homes?","Making the decision to file for bankruptcy is never one that comes easily. Most of the time, it is a last resort for someone who is facing extreme financial hardship related to medical bills, divorce or job loss. For those who own their own homes, it can be difficult to make the determination about whether you want to keep the home or let it go in the bankruptcy. At times, it may be best to just walk away from the homes, but in the event that home is your dream home, it may be best to work out some type of agreement with the mortgage company to keep your home. Regardless of whether you are going to get rid of one home and keep the other, you will need to follow certain steps to secure your property for the long run. If you already have payments that are behind on the home, the court will place an automatic stay on the property for you. Until that stay is lifted, the mortgage company cannot initiate foreclosure proceedings on your home. Upon removal of the stay, they can proceed to foreclose on your home as normal. If you are planning to keep your home, you will need to follow certain procedures to reaffirm your debt with the mortgage provider. Your bankruptcy attorney will need to send a letter to the mortgage company specifying that you want to keep your home, set up the payment arrangements and receive financial communication from them. The mortgage company is going to require a few documents to help determine your eligibility for one of the repayment plans they offer to help with your past due payments. You will also need to include a letter of hardship that explains why your payments got behind in the first place. Make sure to outline your current monthly obligations and include a pay stub to prove that your income will allow you to make the necessary payments on your mortgage. Once the repayment plan is put into effect, you will need to make sure you don?t miss payments or it will void the agreement. Once the past due is paid, you will be able to sign the reaffirmation agreement for your home. In short, you will not have to worry about forgoing your home if you decide to keep it. You are in control of whether you want to give the home to the lender or reaffirm your agreement with them, regardless of how many homes you have. "
How soon after bankruptcy can you rent an apartment?,"Even though many people worry that they are not going to be able to rent an apartment after filing for bankruptcy, that is not always the case. Bankruptcy filings may hinder your ability to secure the apartment that you desire, but you have plenty of options waiting for you out there. For those who appear confident, possess a clean image and effectively communicate the strengths of your current financial situation, you will be able to find an apartment to rent directly after your bankruptcy is discharged. When you are trying to figure out where it is that you want to rent, make sure to ask the leasing agent about their specific credit requirements and deposit required for you to rent the apartment. Most of the time, the management company is going to require a credit check before they end up renting you the apartment. Once you know what it is that the company requires, you will be able to discuss the terms of your bankruptcy in the first place. Let the company know that you had a financial hardship that caused you to file for the bankruptcy relief in the first place. Explain to them why it is that you were left with no other option than to file for bankruptcy. Make sure that you express your interest in their facility and your intentions to pay the rent on time every month. For those that have solid history with other lenders, the property managers will take that into consideration and rent you the apart straight away without stipulations. Other complexes may make you wait until you have a proven track record of paying your rent on time elsewhere for a minimum of a year. Ask the complex about their short-term rental policy to help you gain their trust. Some management companies may not be willing to forgo a year lease with you, but they will start you out with something smaller to see how well you handle the payments on your new apartment. This will help you to reestablish your credit rating while living in the place you love. In short, the length of time it will require to get into a new apartment after your bankruptcy is going to vary based upon where it is that you want to live. Many places will let you into an apartment right out of bankruptcy, so you will not have to worry about any delayed wait times. "
Is It Legal For Me To Ship Wine Home To The United States From France?,"Many international travelers become enamored of specific foods and beverages in the countries they visit ? especially wines. Visitors to wine-producing countries such as France or Italy would like to know that when they are back to ?real life? ? at home in the United States ? they will still have access to their new favorite red or white. But what if your favorite is only available in France? You may be tempted to purchase a case or two of it, planning to ship it home ? as you might do with a piece of artwork or designer clothes ? but that may be much more expense and bother than it is worth, no matter how much you enjoy a particular make or vintage. Importing wine from a foreign country such as France into the USA requires extremely complex and time consuming documentation, and can only legally be done by licensed shipper/importers. Even if you were to have a special connection with a licensed wine importer in your state, and could convince them to go through the shipping process for you, the cost and time involved in all of the bureaucracy makes shipping small quantities (such as for personal use) prohibitively expensive and inconvenient. Some may be tempted to box a case of wine up and mail it to their home address as if it were a gift, but this is not a good idea. Although the French postal service may have no issues with accepting your package, it is absolutely against federal law to send alcohol through the US Postal Service. Confiscation of your package and heavy financial penalties, as well as the possibility of jail time, could be the result of trying to surreptitiously mail yourself a crate of your favorite Rosé. Shipping companies such as FedEx and UPS ? although they will transport shipments of alcohol ? have strict requirements for alcohol importers to be fully licensed, and will refuse all personal shipments of wine. Making the issue even more complicated is that wine shipping laws vary from state to state. Every state has an Alcoholic Beverage Commission, with its own laws regarding the transport of alcohol ? whether from another state or another country ? across the state?s borders. Some states have even completely banned shipments of alcohol across their borders in either direction, regardless of who the shipper or recipient may be. A traveler?s safest bet is to pack some bottles in checked baggage, declare them at customs, and be prepared to pay some fees. In the past (pre-9/11), it was possible to carry a few bottles in carryon luggage, but restrictions on liquids in carryons have taken that option away. Unfortunately, some airlines will not accept cases of wine as checked baggage, either. "
Do you have to disclose a DUI on an employment application if the DUI was expunged off your record?,"Driving under the influence (DUI) is usually a crime designated as a misdemeanor or a felony. A person convicted of a DUI has a criminal record under the criminal laws in most states. A DUI arrest or a conviction can make it difficult for a person to obtain employment, but the laws about disclosing the DUI to a prospective employer differ from state to state. The Society for Human Resource Management conducted a survey in 2010 revealing that 92 percent of employers did criminal background checks on all job applicants. There is no federal law prohibiting an employer from asking a job applicant about arrests or convictions. A person with a DUI record must rely upon protection under state law from having to disclose the information on a job application. For example, some states prohibit an employer from asking a job applicant about an arrest that did not result in a conviction while other states do not. A person convicted of a DUI can ask a state court to expunge the records. If a judge orders expungement of a criminal record, a person does not have to disclose the conviction or arrest on an employment application. Expungement removes the record of the arrest and conviction from the courts, law enforcement agencies and correctional facilities. As far as the law is considered, the arrest and court proceedings never happened. The problem with expunging records is that not all states allow it. For instance, New York does not allow a person to expunge criminal conviction records, but New Jersey does allow expungement. A person should consult with an attorney in their home state because some states that allow expungement of criminal records do not allow it in cases in which the charge was a DUI. In some states that do not allow record expungement, the law allows a judge to seal the records. An order sealing a criminal record prevents it from appearing on criminal background searches sent to employers by the state. Most states that permit a judge to seal criminal records do not allow it in cases involving a DUI or other alcohol- or drug-related driving offenses. Unlike expunged records, sealing does not mean the charges never occurred. It merely makes it difficult for an employer to verify. A job applicant who answers a question about a DUI in the negative because it was sealed would technically be lying to the employer. "
Can I change my plea at pre-trial?,"Once you have been charged with a crime and made an initial plea, the judge will then assign you to a pre-trial date. Most of the time, this hearing is around 30 to 45 days after you have been arraigned. Even though it is not the actual trial, you are going to be in front of the judge for the proceeding. This is an imperative part of the proceedings because the judge is also going to provide you with a trial date. You are also going to meet with the prosecutor and discuss that information they have against you for the offense. When it comes to the pre-trial, the prosecutor is going to give you another chance to accept their plea deal. It may be the same offer as originally provided to you when you were arraigned, but it could also be something completely new. If the offer is new, it could end up being better or worse than the original offer they provided for you. For those who decided to accept the plea provided from the prosecutor, you can enter into a guilty plea from that of not guilty previously. When you change your plea to guilty, you are giving up your right to an appeal and the right to have a trial. You will receive information from the judge on how to complete your sentence and excuse you. At that time, you will be done with your day in court. If you end up deciding not to take the offer from the prosecutor because you want to go to trial and fight the charges you are facing, you will get a trial date from the judge. For those who opt for a trial, you will have to complete the pretrial statement for the court. Make sure to list all witnesses with complete information, so that way they can call them in on your trial date. If you fail to provide the information for a witness on the pretrial statement, they will not be allowed to testify during your trial. You will also need to outline any evidence that you plan to bring into light at the trial. In the end, you have the option of changing your plea at the pre-trial, but you want to make sure you fully understand what it is that you are dealing with on your charges and not digging yourself deeper into trouble. "
Can I get Financial aid when my parents file bankruptcy?,"Being able to get a solid education is important in today?s society for securing a good job. Many people worry that they are not going to be able to obtain financial aid for college if they file for bankruptcy, but that is not the case today. For those students who are depending upon their parents to be able to fund their education, they worry that they are not going to have options for getting the money they need for college with a bankruptcy on the record. When it comes time to go to school, your parents will be able to help you with a number of different financial options to help handle the cost of your education. For example, student loans are a great way to fund the college education. Most of the time, you don?t have to worry about being denied a request for student loans because they are based upon need and not credit. The amount of money you get is based upon what year you are in school and the amount of need demonstrated by the individual. The school will be able to calculate your financial aid based upon the information provided in your FAFSA form. For those who are depending upon their parent?s information, you will need to make sure you put that information into the form for review. Another great form of financial aid is that of the Pell Grant. This is a set amount of money that is awarded every year based upon specific factors that determine if you qualify or not. Depending upon the price of your tuition, this amount may be enough to pay for your tuition and books for the entire semester. Since you don?t have to pay this form of aid back, many people enjoy taking advantage of this form of aid. As long as you don?t have any drug related convictions on your record, you will be able to obtain some form of financial aid without worry. It doesn?t matter how bad your credit history is or if you filed for bankruptcy because there are options from which you can choose to get the funding you need for college. Just because your parents filed for bankruptcy that doesn?t mean you are going to be stuck trying to pay for your college education out of pocket. You will be on your way to a solid education in no time with the help of financial aid from the school of your choice. "
Can I Still Get My CNA License With An Un-Disposed DUI Charge?,"To answer this question you have to look at the laws of the state that you reside. Whether or not you can get your license depends on a couple of factors. Regardless of whether it is un-disposed, it will show up on your record. When you have met all the requirements to get your CNAS license usually a background check will be required. Most states have specific requirements for CNAS. For example, some states will require additional paper work to show the circumstances of the DUI and the progress made since receiving it. In the event that you lied on your application about said DUI that can be grounds for denying you the ability for getting you license. In California, the Nurse Practice act considers an unprofessional action, like a DUI reasons for discipline. This could mean a delay in getting your license with a chance to appeal. If your DUI is in the past, meaning a few years back, they will consider those facts. The process of obtaining a CNA license is quite difficult and is important you disclose this information from the very beginning. Everyone makes mistakes, but it is big ones like this that can keep hurting you after the fact. Usually a DUI in the past will not affect your ability to get you license if the proper steps are taken to show improvement. In the event you get a DUI after receiving you license the process will be very different. A DUI will remain on your record for seven years as long as you are truthful on your application there should not be a problem. Remember to check you state requirements to make sure there are not any additional steps needed for your particular program. In the event that your state does decide on a case-by-case basses you will need to have more details to provide and the reasons the case is un-disposed. With most states, it will be a simple yes or no. Making sure you do your due-diligence will make sure you do not run into an issue with it later on and that you will not get them taken away after you worked so hard to get them. It will also do you some good to speak to a lawyer about your options, and maybe they can work out a game plan for acquiring your license despite the DUI. "
Use Form 7004 for Extension of Time to File a Corporation Tax Return,"According to IRS.gov, corporations should use form 7004 when they need additional time to file tax information. The form is titled Application for Automatic Extension of Time to File Certain Business Income Tax Information and Other Returns. Corporations are granted either a 5 or 6 month automatic extension. If for some reason the IRS decides to terminate the automatic extension it will notify the corporation by mail. The form must be filed by the normal date your taxes are due. Corporations need to estimate their tax and submit that payment along with form 7004. If a corporation has more than one division with different Tax ID numbers, each division must be listed on a separate sheet indicating the name, address, and tax identification number (TIN). Instructions included with the application advise that form 7004 does not extend the time for payment of the taxes. If taxes are paid late, the corporation will face a penalty for filing late as well as penalty on the tax owed. Interest will also accrue on the unpaid tax at a rate of .05% to 1% per month. However, if the corporation can prove reasonable cause for the delay, the IRS will consider reducing or removing the penalty. Form 7004 can be found at http://www.irs.gov/pub/irs-pdf/f7004.pdf. The instructions are at http://www.irs.gov/pub/irs-pdf/i7004.pdf. The IRS provides additional details at http://www.irs.gov/instructions/i7004/ch01.html. The instructions also tell corporations where to file from 7004. Most requests can be filed electronically. Other forms will need to be mailed to the address listed on the instructions. It is so easy to complete form 7004. All corporations have to do is print or write the corporation name, address, and tax ID number. After that, select the appropriate five or six month extension. The instructions list the corporate tax forms so that you know whether to choose the five month or six month extension. For example, tax form 1120 qualifies for a six month extension while form 1065 qualifies for a five month extension. The form asks a few questions about the business such as if it has a foreign address or is the parent group of a corporation. The corporation then has to answer questions on the corporation’s tax year, estimate the tax, and include the tax payment. No signature is required. "
Best Way to Write a Jury Duty Excuse Letter,"Each state has its own guidelines regarding what is a legitimate excuse for jury duty. Federal courts have different guidelines for exemption than state courts. Given these facts, the best way to be excused from jury duty starts with reading the jury service notice you received. Look for any acceptable exemptions listed on the notice of service. The instructions may be to write a letter to the court explaining how you qualify for one of its exemptions. Some courts may require that their own legal form be completed. Federal court exemptions from jury duty are: 1) Those in active duty in the armed forces
2) People employed as police officers or firefighters
3) Public officials Keep in mind that each state court has its own unique qualifications for exemption from jury duty. These are just some common examples. 1) Breastfeeding mothers
2) People over a certain age such as 70 or 80
3) Medical issues
4) Work-related issues
6) Financial issues
7) Family issues Best Way to Write a Professional Letter to a Judge Remember that a request to be excused from jury duty is up to the courts. Your request may be approved or denied. Each request is considered on a case-by-case basis. The courts will notify you by mail or by telephone regarding its decision. If your request is work-related, explain how jury duty will disrupt the workplace. Perhaps you are employed by a small business or are self-employed. If you are the sole caretaker of a seriously or chronically ill relative and can provide proof from a doctor, your request to be excused from jury duty may be honored. Jury duty often does not pay as much as a person earns at their job. If serving on a jury will put you or your family in financial risk, explain this to the courts in detail. If you have your own medical condition that requires treatment throughout the day using equipment that cannot be taken to court, your request to be excused may be approved. Your doctor will need to provide documentation to support your claim. In summary, the best way to write a jury excuse letter is to detail how you would suffer hardship related to jury duty and to relate the hardship to one of the exemptions. "
Best Way to Write a Good Character Witness Statement,"Writing a character witness statement for a defendant may help them receive a reduced sentence. Without a statement, all the judge knows about the defendant is the crime committed and how the defendant acts in court. Attorneys or the defendants themselves may ask you to write a witness statement. Since the letter is going to be reviewed by a judge, the format and tone of the statement must be professional. Make sure you have the judge’s name and title correct. Be honest in your statement. Being dishonest damages your reputation and does not help the defendant. Here is the best way to write a good character witness statement. Best Way to Write a Professional Letter to a Judge Introduce yourself by name and profession. Tell the judge who you are writing the letter for. Let the judge know that you are aware of the charges against the defendant. When you know the charges against the defendant it sends the judge a message that you do know what the defendant has done but that you are still willing to write positively about the defendant. Next, discuss how you met the defendant and how long you have known him or her. Doing so establishes your relationship with the defendant. Provide specific examples of good deeds the defendant has done. If the defendant has done volunteer work in the community, provide names of the organizations and the types of activities he or she participated in. If the defendant is a good provider for the family or is devoted to his or her family, bring that up and provide examples. Again, be truthful: Conclude by saying how the defendant’s incarceration will negatively affect their present, their future, their job, and their life. Be specific. Explain how the defendant’s incarceration will affect his or her family and employer. Explain how the defendant has learned from their mistake, what steps they have taken to change, and that you believe they will not make the same mistake again. Include a telephone number in your conclusion so that the judge may reach you with any questions. Doing so shows that you are serious about helping the defendant and that you mean what you say. "
Can I Write a Demand Letter Instead of Hiring an Attorney,"Yes, you can write a demand letter instead of hiring an attorney. Why not handle it yourself instead of paying a lawyer to collect the money or represent you in court? A demand letter is a written document demanding a specific remedy to a transaction. The most common disputes involve money or services. Demand letters can come from either side of an issue. Someone may owe you rent or money for services you provided. On the other hand, perhaps you paid someone money to provide a service for you and they have not done the work. Perhaps the service you received was not satisfactory. Demand letters are the final step before going to small claims court. Make sure you have records of the transaction such as letters, phone calls, personal conversations, invoices, payment records, quotes, agreements, progress reports, and any other documents. Once it becomes apparent that a problem is developing, it is extremely important that you keep records of the steps you took to resolve the dispute. Begin the letter with a brief summary of the situation. For example, I paid you $2,500 on July 1 for remodeling my kitchen. You agreed to begin work on July 7. It is July 14 and you have not yet started working. Next, mention any attempts you have made to contact the contractor. Now, give the contractor until a specified date to begin work. You must then indicate what steps you will take if the contractor does not begin work by the date you set. Examples include advising that you will put a claim against his contractor?s license with the city or his contractor’s bond through the surety company. Contractors will not want any claims against their license or their bond because they could lose their license to work and therefore their livelihood. If someone owes you money, give them about seven days to pay and then advise them that you will take them to small claims court. Some people will comply to avoid the stress of going to court and the embarrassment of having their name in the paper reporting that they have been sued. If the other party does not comply, take the matter to small claims court. You can handle it yourself by bringing the evidence with you. "
Best Way to Fight a Red Light Camera Ticket,"The best way to fight a red light camera ticket is to hire a lawyer who specializes in traffic tickets. He or she will be familiar with traffic ticket laws and the best way to fight them. Here are a few strategies to use when challenging your ticket. Blurry Photo If the city or county sends you a photo of you running the red light, examine it to see if the license plate is blurry or clear. Check to see if the photo of you is blurry. If neither you nor your license plate is recognizable, you can fight the ticket. You can say that the person driving your car doesn’t look anything like you or is unrecognizable. If the license plate is blurry, you can argue that they cannot be certain they have the right car. If the photo is not included with your ticket, request the photo. Argue the Reliability of the Camera When in traffic court to fight the ticket, ask whether the camera was indeed working properly at the time it generated your ticket. Cameras are machines and they can malfunction. If the prosecution cannot decidedly prove that the camera was working properly, they do not have a solid case proving that you ran the red light. Also, those reviewing the pictures can make a mistake in deciding on the accuracy of the picture. Question if they are absolutely certain the picture proves that you ran the red light. Witnesses at Trial The red light camera manufacturer is supposed to appear at trials regarding red light traffic tickets. A representative from the camera company is there to testify whether the camera was working properly and when it was last maintained. If no one shows up to represent the camera company, you can argue that no one is there to verify whether the picture is accurate. Hearsay One can try arguing that the photograph is hearsay and is therefore inadmissible under the Sixth Amendment. It is hearsay because you cannot cross examine the photograph or the camera. The Sixth Amendment gives defendants the right to confront their accuser. In summary, it is best to have a traffic attorney represent you. If you are not familiar with traffic law, you will not be able to mount your own defense in court. Without knowing the law or how to prepare a defense, you will likely lose your case. "
How to Find a Person in Jail for Free,"If you are looking to find someone in jail, you have a few options. If you’re not sure where to start, trying to find an inmate may feel overwhelming. So before you start Google searching every jail in your area, let’s walk through the basics. Do you know the person’s name, address, or date of birth? Maybe you know the county, city, or state where they committed the crime or even when and where their hearing was held. Obtaining as much basic information as possible will simplify the process. We’ll walk through how to find out if someone is currently in jail and explore the best way to find which jail or federal prison they’re in. There are several reasons why you might need to find out if someone is in jail. Oftentimes, people know someone who was arrested and they want to know if they are still incarcerated. Other times, families that move to a new area want to do research on convicted sex offenders. And sometimes, family members are in search of relatives they have not heard from in a while. In any case, finding out if someone is in jail starts with knowing where the crime took place. Even if you do not have the name of the criminal, you can quickly narrow down your search if you know which jurisdiction to focus on. To find someone in jail, you can start with your State Department of Corrections. If you go to the state’s web page, you will be able to find a phone number to contact. You’ll also find resources like Sex Offender Registry, Offender Contact information, and Offender Visitation forms. Many states will also have a search feature. Some state websites will refer to this as an Offender Database Search or an Inmate Search. If you are unsure where to look for this feature, simply Google the state followed by “department of corrections inmate search.” It’ll be in one of the top search results. Some counties do not have an online search feature, so you may have to call. If the jail you call is not where the inmate is located, try contacting nearby jails. If the person you’re looking for was recently arrested, their information may not be in the system yet. You can always check every week or two. But typically it’s harder to find their information because arrestees are held in the county jail until they have a trial and are released or transferred to a more permanent location. However, if the person you are searching for has been in jail longer than a month, you can use a few other resources to find out where they are located. Once you have determined someone is in jail, you can start your search. If you know the jurisdiction where they were arrested, you can call the jail. The Department of Corrections will be able to release public information to you about the person. Like their name, age, birthday, and gender. However, there are other ways to find someone in jail for free if you have limited information about them. The best way to find someone in jail for free is VINE (Victim Information and Notification Everyday). A victim notification network that “provides the most reliable information for custody status changes and criminal case information.” On the site’s homepage, select the state where you want to search. Navigate to the “Find an Offender” button, where you will be prompted to type in the Offender ID number. Or, if you don’t know it, the inmate’s first and last name. You can also select “Advanced Search” to add the inmate’s facility name, date of birth, and age range. When you find who you are looking for, you will see their inmate/offender ID, date of birth, race, gender, custody status, location, and scheduled release date. Anyone interested in the status of an inmate can register to be notified when the inmate is released or transferred. Notification is done by phone or email. Note: VINE does not provide information on federal prisons, only local jails and state prisons. VINE is updated every day. Finding someone in federal prison is a lot like finding someone in jail. The best way to locate information on a federal prisoner for free is to go to the Bureau of Federal Prisons. Then, go to the inmate locator tab. You can search by inmate number or name. A list of results will appear with the inmates’ names, ID number, age, sex, race, and release date, or prison location. If you select the prison’s name, it will take you to that location’s website where you can find additional details. Of course, if you know which jail or prison the inmate is located at, you can pull up its website and do a search. At least then you’ll know if the offender is still in custody. Not all jails or prisons have this information online. In that case, simply call the jail or prison and ask them to provide the inmate’s status. VINE and the BOP website are by far the best resources to find someone in jail for free. Their sites are constantly updated and contain the most information on inmates nationwide. Another great free website is Inmates Plus. Click on the state where you want to search and then two options appear. One option is a search for the state prison. The second option is to search by county jail. Inmates Plus is updated daily. You know of someone who has been in jail or prison, but you’re unsure when they will be released. You can find an inmate’s release date by calling the state’s Department of Corrections, searching their online database, or use a resource like VINELink. Although release dates are subject to change based on the inmate’s behavior. If the inmate is incarcerated in a smaller facility, their release date may not show up on large databases. If the inmate’s case was followed by the public, sometimes their release will be covered on local news stations. To learn more about this process, check out our step-by-step guide on  How to Find an Inmate’s Release Date. People might need to look up mug shots for many reasons. Some are looking for information on acquaintances who were arrested. Others are looking for their own mug shot. Still others may be browsing out of curiosity. Whatever their reason, finding local mug shots is easy. Several resources can be consulted, and the information is usually freely available. In some jurisdictions, mug shots are public record. Accordingly, it’s very easy to browse through the pictures. Start with the law enforcement agency’s website. These are easy to find by putting a county name and the words “sheriff’s department” into an online search engine. City police departments and highway patrol agencies may also have accessible websites. If mug shots are available, they should be easy to find by clicking on a link labeled “booking blotter” or something similar. This is probably the easiest search method available, particularly if you know which agency arrested the individual whose mug shot you’re seeking. If you’re not able to locate the particular mug shot you’re seeking, consider calling the law enforcement agency. They may allow you to come down to the station to search through their books of mug shots. Some online companies provide people with an opportunity to search for a mug shot through their website. This is often a fee based service, but it may make sense to try this if you’re not able to locate a mug shot through a law enforcement agency. If the company does not already have the mug shot you’re looking for in their database, they may be able to request it from the proper authorities. This may involve an additional fee. Some jurisdictions do not post mug shots online and instead require people to visit in person. County or city jails may be able to accommodate your request to review mug shots. It’s generally advisable to call first to make certain that coming in person to ask to view mug shots is permissible. Where mug shots are considered public records, it is not unusual for various media outlets to publicize them. Check websites for local networks and newspapers, as they usually post recent mug shots on their page for local news. Like using a law enforcement website, this is an easy method for obtaining mug shots. If someone you care about is in jail or prison and needs legal help, you can get a free case evaluation to help you plan your next steps. "
How to Defend Yourself in Traffic Court,"If you believe that it is in your best interests to contest your traffic ticket, it is important to be prepared to represent yourself in court. In the traffic court as in any court, it is not your job to prove that you are innocent. However, it is the state’s job to prove that you are guilty of the traffic violation charges. Before you even go to court, it is wise to be prepared for it by getting copies of all police reports. You have the right to: Once you have obtained all necessary documents, check your State Vehicle Code. Compare your own violation with the conduct that is stated in the Code to make sure that you have a valid defense point. It is also important to take pictures of the place where the incident happened to be able to prove that the state is wrong. Moreover, it is recommended to check a car’s odometer to be sure that the odometer is not broken. During your traffic court hearing, it is very important to make a good impression on the judge. Make sure that you are dressed nicely and have a pleasant attitude. It is highly recommended to call the judge “Your Honor” when you speak to him or her. Try your best not to argue with the judge. How To Look Up My Court Date Online Furthermore, make sure to bring any witnesses you have to the court. You might need to subpoena them. The subpoena forms are available in the court.  Witnesses often can verify and support your version of the events and help you to dismiss the ticket. If you have any passengers in the car, consider putting them on the witness stand as well. During the hearing ask for the dismissal of your case and present all your gathered pieces of evidence. Moreover, make sure to take advantage of your legal right to cross-examine a police officer who wrote you a ticket. During the cross-examination try to remain calm and treat the police officer with respect. If the police officer tries to ask you questions, object to it and let him know that he is not allowed to practice law. It is highly advisable not to request a jury trial since, often, jurors are not sympathetic to a defendant in traffic violation cases. The best defense in the court is to prove that it is not your vehicle that has been scanned for speeding or it was not you driving it if it is the case. If you did your best defending yourself in the court, but the judge’s decision was not in your favor, calmly accept the decision. "
Who Was Myra Bradwell: America’s First Woman Lawyer,"Myra Bradwell is not well known to the average person but is a particularly important figure in the history of law and women’s rights. Myra Bradwell was the first American woman who became a lawyer. More importantly,  Myra Bradwell opened the doors for all American women who wished to obtain the license to practice law. Myra Bradwell was born February 12, 1831, in Manchester, Vermont. Myra’s family moved to Illinois when she was 12 years old.  She had graduated from the Elgin Female Seminary in Illinois before she turned 24 years old. Her love of the law had begun when she married her husband James Bradwell in 1852, who was also a law student. Slowly Myra started to learn the law. In 1868, Myra Bradwell has founded the Chicago Legal News. The Chicago Legal News was the most popular legal newspaper in the United States at that time. Finally, on August 2, 1869, Myra passed the Illinois law exam. Later in September she applied for the submission to the bar. As the addition to regular documents, Myra sent a letter where she addressed the issue of her sex. In this letter, she stated that women had all rights to be able to do things that men did. Unfortunately, the Illinois Supreme Court denied Myra’s submission to the bar, but not because she was a woman. Myra was denied the submission for being a married woman. At that time, married woman’s job was to take care of her husband and children. If Myra would be granted the license to practice law, it would interfere with her family responsibilities. However, Myra Bradwell did not give up her dream and appealed her case in Illinois. Sadly, she was denied the bar admission again. This time she was actually denied for being a woman. The Court provided four reasons for Myra’s denial to practice law. First, the Illinois law was silent about women entering the law profession. Second, the state was concerned with too many women working in the offices if Myra would be granted her license. The third reason was that some of the violent law cases would not be suited for a woman. Finally, the state did not know how women would affect the administration of justice. After this decision, Myra Bradwell decided to take her case to the United States Supreme Court. Myra’s new attorney Senator Matthew H. Carpenter of Wisconsin argued that women had the right to choose the law professions, but did not have the right to vote. This argument was not truly popular among the women, but Carpenter believed that it was the only winning tactic for Myra’s case. However, in 1873 the Supreme Court also denied Bradwell because of her gender. In 1872, the Illinois legislature passed a law that stated that no person could be denied the opportunity to pursue any career path on account of sex. Due to this law Alta M. Hulett was admitted to the Illinois bar in 1873. Bradwell was not admitted to the Illinois bar since she needed to reapply for the bar admission. Myra Bradwell did not feel the need reapply for her law license. She already felt like a winner since she helped American women to have the opportunity to pursue their dreams. Myra Bradwell continued to work on the Chicago Legal News and practice law without a license. In 1890, the Supreme Court of Illinois granted Bradwell the license to practice law. The United States Supreme Court granted her license 2 years later, as well. Both licenses were granted “munc pro tunc”, which meant that official documents were dated 1869. That was the original year Myra applied for her license. Thus, Myra Bradwell was indeed the first woman who could legally practice law in the United States.   "
Can You Borrow Against a Term Life Insurance Policy?,"A term life insurance policy provides the beneficiary with a monetary benefit for a pre-determined number of years in the event of the death of the benefactor. Term life insurance costs less money than other types of life insurance. Term Life insurance is a popular option for younger individuals who are looking to offer extra security for their loved ones. However, term life insurance has the limitations to its coverage. For instance, term life insurance only provides coverage for a specified term. The term can range from one year to 10 years and depends on the policy a person selects. After the term life insurance policy expires an insured person can usually renew it, but his or her premiums might increase. When the benefactor turns a certain age or develop any chronic illness, renewal of the policy can be denied by the insurance company. Finally, term life insurance policies usually do not have any cash value. Thus, it is very unlikely that an insured individual will be able to withdraw money or borrow against them. A term life policy’s purpose is to provide coverage for the limited time and only pays the insurance benefits to beneficiaries in case of the benefactor’s death. Thus, borrowing money against a term life insurance policy is not possible most of the times, it is still recommended discussing it with the insurance company. During the discussion, first, a policy holder needs to ask his or her agent if borrowing is even a possibility. If the insurance company confirms that it is possible to borrow against a term life policy, the next step is to ask the agent what interest rate will apply when the policy holder starts the re-payment process. Moreover, it is recommended to ask the agent about the possibility of any undisclosed fees involved. When all questions are answered, the insured person needs to decide if borrowing money against his or her policy is a wise step to take. If a person wants to have a more secured life insurance policy that lasts the lifetime if all premiums are paid on time, whole life insurance is the perfect option. Whole life insurance is not a short term life insurance and cannot be terminated based on an insured person age or health issues. On the other hand, whole life insurance policy costs more that term life insurance due to the higher risks for the insurance company. Moreover, a whole life policy has one significant difference from a term life insurance. A whole life insurance, unlike a term life insurance starts building cash value immediately when the policy starts. It accumulates cash value due to a higher premium on a whole life policy than needed to be, so the excess can accumulate value. Usually, after an insured person had the policy for a few years, he or she will accumulate a cash value higher than the death benefit. Thus, anyone can always borrow money against his or her whole life policy as long as the person has some accumulated cash on it. Borrowed money can be spent on anything, including bills, home repairs, car purchases and etc. Finally, even though a policy holder has essentially just borrowed his or her own money, the loan taken against a whole life policy is required to be repaid with an interest. If the borrowed amount is not paid back before an insured person passed away, the money he or she borrowed will be deducted from the amount that his/her family receives in the event of the benefactor’s death. Therefore, before borrowing against your whole life insurance or in some cases your term life insurance, consider other loan options that will not affect the policy benefits your family will receive. "
What Is Attorney Client Privilege?,"The attorney client privilege secures the client from the potential sensitive information being disclosed to other people. The law requires that an attorney does not reveal any communications or letters between him/her and his/her client to any third party, which includes business associates, competitors, government agencies and even criminal justice authorities. This requirement helps the client to speak with his/her attorney honestly and without a fear that his/her sensitive information will be disclosed. The attorney client privilege has existed for a long time and has been practiced way back in the Roman Empire. In order for the communication to qualify for the attorney client privilege, it needs to be done in confidence and between the privileged persons (an attorney and his/her client) with the desire of receiving or providing legal assistance. Many clients assume that the attorney/client relationship exists, when it actually was not established. If a person just consulted with an attorney on the phone and shared some sensitive information without retaining the attorney to represent her or him, it is probable that the attorney client privilege is nonexistent here. The attorney often acknowledges the representation of a person if he or she sends the person a letter agreeing to represent him or her, by orally agreeing to the representation or, finally, by sending the contract fees to the future client. It is important to know that not every communication between the attorney and the client protected by the attorney client privilege. For instance, if a shared information can be obtained from a non-privileged source, it is not protected by the attorney client privilege. Since it is the client who holds the attorney client privilege, the client is also the one who can assert or waive it at any moment. Furthermore, the law established the certain exceptions to the attorney client privilege. The most common exceptions to the privilege are the death of the client, fiduciary duty, crime or fraud exception and common interest exception. Fiduciary duty exception means that a corporation does not always has the right to assert the attorney client privilege. For instance, if corporation shareholders wish to pierce the corporation’s attorney privilege, the corporation cannot just assert its attorney client privilege. Crime or fraud exception to the privilege applies if a client seeks advice from an attorney to assist with committing a crime of fraud. However, if the client has completed a crime and seeks the legal help, such communication is under the attorney client privilege unless the client is seeking advice on covering up his or her crime. Common interest exception to the privilege applies if two clients are represented by the same attorney. In this case, neither client may assert the attorney client privilege against the other party in the litigation process. "
Is Flag Burning Illegal?,"Currently, flag burning is not illegal in the United States.  The Supreme Court of the United States in its decision from 1969 has ruled that the burning of the flag is protected by the First Amendment. However, the person who burnt the flag can be found guilty of a misdemeanor for starting a fire without a permit. Interesting that the burning of the flag has been against the law until 1969. The first U.S. Supreme Court ruling on flag desecration was passed in 1907 in the Halter vs. Nebraska case. Most early flag desecration statutes prohibited: Later, in 1968, Congress responded to the burning of the American flag in Central Park as a protest against the Vietnam War bypassing the Federal Flag Desecration Law. This law prohibited any display of “contempt” directed against the flag. Thus, the burning of the American flag had been illegal until 1969 when the Supreme Court ruled the decision to award the First Amendment protection to the burning of the flag. First Amendment Furthermore, in a few court cases, it has been declared that it is only illegal to burn the US flag if the flag would be stolen. In fact, burning the flag is one of the approved ways to destroy a too worn or torn flag. For the past 20 years, Congress has made seven attempts to overrule the Supreme Court decision regarding the burning of the American flag by passing a constitutional amendment that had an exception to the First Amendment and allowed the government to ban flag desecration. The Amendment was first proposed in 1990 but failed to receive the required two-thirds majority votes of the House. After 1994, when the Republicans took over the Congress, the Amendment has consistently passed in the House but failed in the Senate. "
What Is a Negligence Lawsuit?,"A negligence lawsuit is a civil lawsuit that filed against a person or a legal party that failed to use reasonable caution and caused damage to a victim while providing care or services.  Negligence cases are usually brought against certain category of professionals, such as medical professional, therapists and attorneys, but can be brought against any person if his/her actions has been proven to be a negligence. It is essential to the outcome of a negligence lawsuit for the victim to prove that harm was caused by the standard of service she or he received. Each negligence case has 4 main elements such as duty, breach of duty, causation and damages that are required to be proved in order to file a negligence lawsuit. The duty element is required for a negligence lawsuit. The duty element means that the person who caused negligence must have a legal obligation to protect others from unreasonable risk of harm. Each person has different duties. For instance, a doctor is required to provide a treatment to his patients. Thus, the second element to a negligence lawsuit is breaching the duty. To meet this element, it is required to determine if a reasonable person would have done the same thing in a similar situation as the person being sued. To determine, if the breaching of duty has taken place objective and subjective standards are taken into consideration. The objective standard of breach of duty only takes into account a hypothetical person and what he or she would have done in a similar situation. On the other hand, the subjective standard considers the actual person that being sued and if this person thinks that he or she acted reasonably in the situation that caused damages to a victim. It is of note that professionals such as doctors are expected to perform a higher standard of care than just the average person. The third important element of each negligence lawsuit is the causation of negligence. Both actual cause and proximate cause are essential in determining the cause of negligence. The actual cause of negligence means that the defendant was the actual cause of injuries sustained by the plaintiff, the person who filed the lawsuit. However, proximate cause of negligence considers the event that has happened and if the injuries sustained were foreseeable or remotely connected to the incident to consider negligence. The damage element is the final element of a negligence lawsuit. The plaintiff needs to prove that it has been actual damages resulted from the defendant’s negligence.  Damages can be compensatory, punitive and nominal.  Compensatory damages are meant to compensate the plaintiff for actual costs incurred as the result of negligence.  Compensatory damages can be general and special. General damages usually contain the monetary compensation for injuries. Special damages might consist compensations to replace material possessions lost as the result of the negligent act. Nominal damages are awarded when the negligence has been proven, but the actual loss as a result of it has not occurred. Lastly, punitive damages intent to punish the defendant for his or her negligence act. In some cases, it is possible for a third party to start a negligence lawsuit on behalf of the victim, for instance, in negligence cases that involve elderly people. Sometimes, it is also possible to file a lawsuit even after the victim’s death. During the negligence trial, the judge will need to determine what the defendant’s duty was to the plaintiff. "
How to Legally Declare Someone as Mentally Incompetent?,"In the United States, competency involves the mental capacity of an individual in order to participate in a legal proceeding or his ability to exercise his liberty and pursue his interest. Competence also pertains to the capability of an individual’s state of mind to make decisions that involve his interests. Competency is presumed unless there exists a reason to declare a person as mentally incompetent. There are several factors that would affect an individual’s competency to make a particular decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a Will. What’s the difference between the insanity plea and incompetency? 1. File a form to declare a person as incompetent before the Probate Court having jurisdiction over the area where the subject of the petition resides. This form shall include an application to be declared as a court-appointed guardian. 2. In filing the petition, the aid of a mental health or guardianship lawyer is beneficial to the petitioner. The retained counsel shall assist the petitioner in the gathering of supporting documents or evidence to strengthen your petition. 3. There must be a psychological evaluation of the person subject of the petition to be conducted by a medical practitioner. If the person sought to be declared as incompetent does not comply with a voluntary evaluation, a court order must be requested, by way of filing the proper motion, before the probate court. 4. The result of the psychological evaluation must be submitted with the application form to the Probate Court which shall proceed to determine whether or not there is sufficient ground to declare the subject as incompetent. The Probate Court shall also determine whether or not the person seeking to be appointed as guardian is suitable. The petitioner may be required by the court to post a bond with the help of financial insurance companies. The posting of the bond is required for the purpose of protecting the property and other interests of the individual sought to be proclaimed as incompetent. 5. Petitioners may have some difficulty in looking for bonding companies or insurance companies that may post bond for him. This may be due to poor credit history or criminal history. Here, your guardianship lawyer may be of help. 6. If the subject of the petition is an adult, the petitioner must contact the adult protective services which shall conduct an investigation. This is mandatory even if the petitioner does not seek to be appointed as a guardian. "
Domestic Violence Laws,"It is becoming increasingly accepted that violence within the family is no longer a purely ‘domestic’ issue. It is a problem which belongs to society as a whole, and which should properly be the subject of debate and co-operation between health, policy and legal professionals. It is unacceptable that children and families in Australia continue to experience domestic violence at disturbingly high levels. Along with the criminal justice system, the family law system has a vital role to play in protecting families and children from harm.   The current law applying to Domestic Violence is The Domestic and Family Violence Act 1989. It is aimed at preventing violence and abusive behaviour between married partners, defacto relationships and families involving children. However, this Act is only effective to a certain extent. Domestic violence is often a hidden matter that should not be hidden, not least because it affects many people but also because it is the hidden underbelly of many societies. The Queensland Parliament has a very important job in trying to redress domestic and family violence to protect victims and survivors. The State Government must prioritise the issue of dealing with relationship disputes by helping individuals resolve the issue. They must do this not only in the strict legal sense but also as a community, so that they do not create enormous distress to victims and cost to the community. Legislation is part of that, but other matters need to be challenged, such as society’s attitudes and traditions to the overall impact and adverse effects of Domestic Violence.   Domestic Violence occurs when a family member uses violent and abusive behaviour to control another family member or members. It can include physical, verbal, emotional or sexual abuse. Women and children are the majority of those who are subjected to abusive and violent behaviour in the home with 1 in 5 women around Australia falling victim to domestic violence. Men too are victims of violence but the violence their experience is much more likely to be at the hands of a male stranger, with only 4% of the male population having been attacked by a current or formal female partner.   A national survey was conducted in 2009 to determine Australians attitudes towards Violence against Women with 10,000 Australians being surveyed from equal gender. 98% of respondents to this survey acknowledged that domestic violence is a crime, an increase from 93% in 1995. However, disappointingly the survey highlights that some Australians still hold attitudes which excuse or trivialise violence against women, with one in five thinking that domestic violence can be excused if the violent person later regrets what they have done. The United Nations State of World Population Report 2005 revealed that gender based domestic violence globally is the most tolerated of human rights violations with one in three women internationally having been beaten, coerced into sex or otherwise abused by a family member.   There have been some attempts to assess the economic impact of family and domestic violence. In 2004, it was estimated that domestic violence cost the Australian economy $8.1 billion in 2003-2004. The estimated annual cost of the Queensland’s legal systems response to domestic violence was $298 million and the total ‘second generational’ cost of domestic violence was estimated to be $220.3 million. That includes services provided to families that are affected by violence in their homes.   The Family Violence within the family may have varying consequences. It does not always prompt a breakdown of the family. Whilst the Family Court sees only those families who have separated, it would be wrong to ignore the fact that many victims and their children may continue to live with violent partners for a significant period of time, sometimes with tragic consequences. They may do so for any number of very complex reasons, including lack of economic freedom or fear of physical retribution. Sadly, the worst violence often occurs when victims, usually women, attempt finally to leave the relationship. The Victim The devastating effects of family violence on adult victims are well recognised. Those effects include physical damage, psychological damage, an impaired ability to function normally (which can include an inability to work), and damage to parenting abilities. These adverse effects can in some cases be short-lived; in many other cases they cause long-term serious harm to a person’s ability to function; and in the most serious of cases, they can be life threatening.   The Children The effect of family violence on children has traditionally not been as widely recognised. In extreme cases, such as the murder of the mother by the father, the effect upon the children is obvious. Yet until comparatively recently it was widely assumed that unless directly involved in it (for instance, by being injured), children were not seriously affected by violence, or threats of violence, between parents. However, in numerous papers in the last few years, child psychiatrists have recorded the adverse effects upon the children of witnessing assaults and threats. Even where it occurs in non-violent circumstances, the breakdown of the relationship between parents and the resultant tension within the family is well known to affect children adversely. To witness or to be aware of abuse, threats and actual violence toward the other parent is obviously highly detrimental to children of any age, including the very young.   The Court of Appeal looked at this issue in early 2000, in a case called Re L, which related to the issue of contact and domestic violence. That case came shortly after the Children Act Sub-Committee of the Advisory Board on Family Law sent its final Report on the effect of domestic violence on applications for contact by the non-resident parent. In hearing the appeal in Re L, it looked at a joint report from two distinguished child psychiatrists, Dr Sturge and Dr Glaser, later published in Family Law. Doctors Sturge and Glaser’s report emphasised that whether as witnesses or as victims, children are affected as much by exposure to violence as by being involved in it. Indeed, there are research findings showing that in very young children, threats to the carer on whom the child is dependent have more serious psychological consequences for the child than attacks on the child themselves.   This particular case shows that their still are significant inadequacies in the justice system’s response to family and domestic violence. There remain questions about the ability of the justice system to adequately deal with the variety of issues that family and domestic violence presents.   Several newspaper articles from late 2009, all prove that there is a problem with the current Family and Domestic violence legislation due to increasing incidents of domestic violence in Queensland. One article “Bligh Labor all talk and no action on Domestic Violence” states that during 2007-2009, there were more then 44,000 domestic violence applications made across Queensland Courts. The same article also states that in the same period, Queensland Police reported more then 16, 700 breaches of domestic violence orders, indicating that the orders are not worth the paper they are written on when it comes to actually offering victims protection. Many of these articles state that the State Government has failed to look into thousands of cases of suspected domestic violence because of spiralling demands and a shortage of resources and funding. This is a controversial problem that is in need of immediate reform.   Community organisations are at the forefront of helping victims of domestic violence, providing emergency help and support, yet many of these organisations are struggling for resources and funds themselves. Victims of domestic violence need to have confidence in the laws and their enforcements as well as emotional support before they are going to speak out. When children are involved, the implications are greater and the reassurances need to be much stronger. These issues should be the focus of the Government – improving the access of all victims of domestic violence to community services, strengthening the legal response to offences, and helping regional areas that demonstrate particular need.   The inadequacies of the present system are demonstrated by the fact that many victims of domestic violence simply do not use the justice system, and those that do use it often withdraw from it. Reasons for this include fear of retribution from the perpetrator, shame and embarrassment, a lack of awareness of available services and the difficulty of making contact with service agencies if the victim is under constant surveillance by the perpetrator. It has also been noted that victims can lose faith in the justice system if they do not receive the desired outcome or if they are faced by a lack of understanding by personnel within that system. Despite the fact that family and domestic violence is now treated as crime, it has been observed that the traditional criminal justice approach does little to discourage domestic violence in the home. This is evidenced by the continuous prevalence of domestic violence and the frequency in which perpetrators of that violence breach bail conditions, violence restraining orders, community-based orders suspended sentences and parole orders. Despite laws criminalising domestic assault and breaches of protection orders, low charge and conviction rates for these crimes have been common around Queensland, suggesting that criminal justice institutions do not consider them serious enough to warrant the full force of the law. As arrest and prosecution are significant social means of insisting on perpetrator accountability and may provide a level of protection to victims, proactive policing policies have been seen as important components of an improved Government and community response. A strong criminal response is also an important means for changing social norms about violence.   The delays in the present system are also a problem with delays causing further tension in families, increasing the trauma of the experience, and may also cause victims to withdraw their testimony out of fear of increased violence while waiting for trials to be heard. The process can be slow, intimidating, humiliating, confusing, frustrating and often fails to provide victims with the best outcomes. In spite of the Domestic and Family Violence Act 1989 aiming to protect victims of domestic violence and holding perpetrators accountable, victims till have considerable difficulties accessing legal remedies. Currently the victim must negotiate different locations, may or may not qualify for legal aid, may have to employ different advocates, and will appear before different judges, each of whom may only have a partial awareness of the relates matters due to the way information is compartmentalised. In addition, the justice system operates largely in isolation from the broader social service system, meaning that victims who approach the legal system for assistance directly – that is, not via a domestic violence service – often have unmet support needs. Victims of domestic violence are likely to need a wide range of services including health, housing, financial, cultural, educational, legal and child-specific services. No single agency is able to provide all these services. Communication between relevant agencies within this broader service system is often too limited to ensure that victims can use the services they need in order to be safe or to recover satisfactorily from the effects of violence.   In Queensland, the regional Domestic Violence Networkers work towards improving communication between agencies through the establishment of local area Domestic Violence networks. In some regions they have developed strategic plans to strengthen service capacity. As the justice system integrate their responses, other parts of the service system such as health and education will be encouraged and supported to co-ordinate their responses.  Despite the Queensland Government’s commitment to consult widely, there are still inconsistencies in the degree to which different departments consult and some examples of policies that undermine efforts to improve the victim’s safety, for example, the introduction of home detention. The participation of domestic violence service providers and their service users at all levels of the reform process is an issue that cannot be taken for granted in Queensland.   A coordinated Queensland-wide approach must be adopted if we are to reduce and prevent domestic violence, identify trends and patterns, improve community interventions and facilitate systemic change. This motion calls on the government to support a state-wide approach. The establishment of a committee on tackling domestic violence would see a coordinated approach where all stakeholders could actively work towards ending violence against women and their children in this country. Over the years there have been a number of programs and strategies aimed at tackling domestic violence, but it is only in recent times that serious consideration has been given to the perpetrator of the violence. There is a need to increase efforts in the area of primary prevention as it is essential to tackle the causes of domestic and family violence rather than simply to deal with the outcomes.   The Sate-wide approach needs to foster discussions and awareness of domestic violence in mainstream community settings such as schools, churches and social service agencies. The work of Family Violence Prevention Networkers in important in this respect. The process of change is as important as the actual changes made. The community’s most marginalised victims of domestic violence need to be empowered to be part of the process if and improved response is to be made.   By implementing certain strategies such as expanding primary prevention and early prevention strategies, improving funding of support services, improving accommodation options for victims of violence, increasing perpetrator programs, strengthening responses from the justice system and continued attention and collaboration on this issue, it can be assured that families, especially children, are protected from harm. "
Can people go to jail for not paying their credit card payments?,"Failure to pay credit card debt is not a crime in the United States. The US have debunked debt imprisonment in the 1950’s which decriminalized the act. The purpose of the government is to encourage people to establish good credits with the country’s financing business entities. The effect would be an increase in financing investments. Imprisonment is a penalty imposed by law against a person who was proven, with proof beyond reasonable doubt, to be guilty of committing a crime. A crime is defined as an act or omission in violation of a law forbidding or commanding it and for which penalties are imposed by the state. One of said penalties include imprisonment.Therefore, in order for a person to go to prison, he must first be convicted of a crime. Even though failure to pay your credit card debt is not a crime in the U.S. there are still serious consequences of the omission. Once there is a default in the payment of credit card bills, the account of the holder will be forwarded to the collection department. The department shall then issue demand letters against the defaulting debtor which may include warnings against the stringent steps that the credit card company may enforce against him. Once the account has been sent to the collection department and once the demand for payment fails, the credit card company will commence the collection proceedings. Once judgment is obtained against the debtor, his properties may be levied, his wages may be garnished or liens may be imposed on his estate. Once these are done, the debtor will have great difficulty in obtaining a loan, applying for a new credit card or employment. The effect of neglecting to pay one’s credit card has serious implications on the holder’s credit score. A credit score is a 3 digit number which is used by the banks to classify loan applicants to determine if they have the capacity to pay the loan or if they do not have the practice of omitting payment. If the applicant’s score fell on the bad range or below 620, his loan will immediately be disapproved. The only time that a debtor may be imprisoned is when he failed to comply with court summons in the collection case. It must be noted that once the debtor absents himself from court hearings, the court may issue an arrest warrant against him. But this is merely ancillary to the issue of non-payment of credit card debts. "
Is a DUI/DWI Charge a Criminal Offense or a Traffic Offense?,"Driving under the influence or DUI is a criminal offense of driving a motor vehicle with an alcohol level that exceeds the legal limit. This offense is also applicable when the offender operates a machine while intoxicated. In some jurisdictions, a more rigid version of DUI is being implemented. In California, there are certain restrictions or prohibitions involving DUI. Minors, for example, cannot consume any alcohol, intoxicating substances, and prescriptions when driving. In some states, the alcohol level allowed by law is 0.05% to 0.08%. Each offender is subjected to a breath test wherein the blood alcohol level is measured by an instrument. If the offender is found to have a blood-alcohol level which is in excess of that which is allowed by law, he shall then be charged with: However, not all jurisdictions consider DUI or DWI as a criminal offense such as in Wisconsin and New Jersey. In said states, DUI or DWI is considered only a traffic violation. This entails that the penalty imposable by law does not include imprisonment.   But, in most jurisdictions, DUI or DWI was already criminalized or treated as a criminal offense. This means that the penalty shall not only include fines, suspension of license, and community service but also imprisonment. In California, the penalties differ based on the number of DUI offenses incurred by the respondent. If the respondent was arrested for his first offense, he shall be penalized with 4 days to 6 months imprisonment, $1400 to $2600 fine, 30 days to 10 months license suspension, and installation of Ignition Interlock Device (IID) in all vehicles owned or driven by him. If the offender was caught for his 2nd DUI violation, he will be merited with 10 days to 1-year imprisonment, fine of $1800 to $2800, two years license suspension, and mandatory installation of Ignition Interlock Device. If the offender was caught for the third time, he will serve jail time for 120 days to 1 year, a fine of $1800, license suspension for 3 years, and installation of Ignition Interlock Device in all his vehicles. The sentence imposed under the law, especially the prison term, is affected by several factors. One of which is the “lookback period” of 10 years wherein the record of offenses committed by the offender shall be examined by the authorities. If the offender was caught for a second DUI violation within a period of ten years from the first DUI conviction, the court may impose the maximum sentence against him. "
How long do I have to live in my house after filing bankruptcy?,"Under the law, there are two kinds of bankruptcy, one filed under Chapter 7 and the other under Chapter 13. In Chapter 7, the debtor is allowed by law to liquidate all his assets and deliver the proceeds thereof to his creditors. Under Chapter 13, on the other hand, the debtor shall have the right to retain some of his assets and set up a payment scheme to pay off his debts. The bankruptcy shall be terminated only when all of the debts are paid by the debtor. Bankruptcy filed under Chapter 13 ensures the issuance of a stay order which shall have the effect of immediately stopping all collection activities against the debtor while payment arrangements are being developed. The debtor has the option of retaining some of his assets such as his home while the bankruptcy proceeding is on going. The debtor may also choose to surrender his home to the mortgage company which must apply for the deferment of the stay order so that the latter may commence the foreclosure proceedings for the purpose of taking possession of the property. If the stay order is not lifted, the mortgage company cannot immediately take possession and control of the property and has to wait until the termination of the bankruptcy.The application for the lifting of the stay order may be commenced by the mortgage company or lender within 60 days from the day it was notified of the filing of the bankruptcy. Upon the filing of the bankruptcy proceedings and the issuance of the stay order, the court will notify all creditors within 30 days from the date of filing. If the stay order is lifted, there is no guarantee that the debtor can remain in possession of the property. The time that he could retain possession over the property is limited to the duration of the foreclosure proceedings. Usually, a foreclosure proceeding takes 12 months within which period the debtor must surrender the property to the mortgage company. The debtor will not be given any notice during the entire duration of the foreclosure proceeding. The most that he will be given is a notice to vacate the property after the termination of the foreclosure. In order to protect himself, the debtor must be prepared to surrender the property to the mortgage company and to set up an evacuation plan if in case a notice to vacate is served upon him. The debtor must know that upon the commencement of the foreclosure proceeding, there is a great possibility that he will be evicted from his home. "
Can you still use a VA mortgage loan if you have filed a bankruptcy and foreclosed one in the past?,"VA mortgage loans are technically not loans but are merely guarantees on a loan agreement. It is the US Department on Veteran Affairs who approves the application for the guarantee of people who served the country by way of military service. If the applicant qualifies, the VA then provides a guarantee to the lender on behalf of the borrower. This guarantee is very helpful to the applicants since the lender will be entering into a contract of mortgage or loan with security ensuring the return of his capital. VA mortgage loans are also helpful to applicants with bad debts  because it is the government itself that guarantees the payment of the loan. This leads to efficient and easy approval of their loan applications. People who filed bankruptcy can still avail of VA loans depending on the kind of bankruptcy filed. If the bankruptcy was filed under Chapter 7, the applicant shall have to wait for at least 2 years before he can apply for a VA mortgage loan. Bankruptcy under Chapter 7 allows the defendant to liquidate his assets and discharge his debts. The two year period herein stated shall commence after the termination of the bankruptcy and not on the date of filing. The applicant shall also be required to explain the reason for filing a bankruptcy case. On the other hand, if the bankruptcy was filed under Chapter 13, the applicant will have to wait for at least one year before he can qualify to apply for a VA mortgage loan. Under the provisions on Chapter 13, the defendant therein shall be allowed to set up a repayment plan with his creditors and will eventually lead to a discharge of his debts after the termination of the repayment schedule. In order for the applicant to validly set up a VA mortgage loan, he must first seek permission from the bankruptcy trustee in his case. The possibility of setting up another VA mortgage loan after the filing of a bankruptcy case is not that easy. There are other conditions imposed by law for applicants to qualify for the loan. This includes the guarantee that there would be no late payment of the loan. To determine this, the payment history of the applicant will be scrutinized. If there are late payments on the record, the applicant will have to religiously comply with his payment schedule. By doing this, it will be shown that the applicant is interested in rebuilding his credit after the termination of his bankruptcy case. "
How To Request Voluntary Deportation,"Deportation or exclusion proceedings have the purpose of allowing an illegal immigrant to be reinstated to his country of origin by way of a judicial process. This process also affords the illegal immigrant the option to choose voluntary deportation process. The option may be exercised after the termination of the deportation proceedings. Under the law, an immigration judge may grant the defendant 60 days to 6 months of time to avail of voluntary deportation. This is usually granted after the termination of the deportation proceeding. The long period allowed by law for voluntary deportation was intended to convince the defendant, who has a weak case for asylum or was given an order of suspension, for them to withdraw their applications and voluntarily return to their country of origin. In order to be granted with said period, the defendant must first waive his right to appeal. After the grant of the 6 months period and if the defendant opted to voluntarily remove himself from the country, the latter will then be granted with a 119 day period wherein he must leave the country voluntarily. Reliefs can also be afforded to the defendant such as adjustment of status, cancellation of removal, asylum, waivers from removal or other various combinations of the aforementioned reliefs. There are cases wherein the defendant is not allowed by law to avail of said reliefs or although he may be eligible to avail of the same, the circumstances of the case prevents him from doing so. After the proceedings, the immigration judge will then issue a removal order. The period of 6 months for the removal will then accrue. If the defendant failed to depart from the country within such period, the order of removal shall stand. The effect of failure to abide to the order shall make the defendant ineligible to avail of adjustment remedies as may be provided by law.  In addition, the defendant will be prevented from returning to the country within a ten year period. If the defendant complied with the order of removal, he will still suffer the consequence of the bar to return to the country within a ten year period. This is because, the latter is an accessory penalty which attaches to the order of removal. This will apply even if the defendant opted to voluntarily remove himself from the country. The ten year period may be lifted by way of proving to the immigration court that the defendant has complied with certain conditions as may be prescribed by law. "
What Are Truck Air Horn Laws?,"Noise Pollution has been a general problem of society. From the irritable noise of the raging traffic to that caused by industrial facilities. Thus, laws were passed in order to minimize or regulate noise pollution. An example of this is the Truck Air Horn Law. A truck air horn is usually installed on a variety of vehicles which include semi-trailer trucks, trains, and fire trucks. A truck air horn is an instrument used in order to forewarn other vehicles and people on the road that a truck is approaching. A truck air horn is likewise used in order to shoo wildlife from the highway. The sound that these devices produce is very loud that it can be used to give warnings even from afar. The sound that these truck air horns produce reaches about 80 to 90 decibels. In some research, it was proven that a 90 decibel sound can cause deafness. However, it was also proven that a 90-decibel noise can only cause said injury if the person is constantly exposed to the sound. Thus, laws were enacted to abate this noise in order to avoid causing injuries to the public. Truck Air Horn Laws are not only applicable to truck air horns. The law equally applies to sirens installed in vehicles. Truck Air Horn Laws have been implemented in most states in the country. Most of these statutes were passed in the ’50s until the late ’70s. The main purpose of the law is to ensure that truck air horns are not used for any other purpose except to give a warning. Most of the Truck Air Horn Laws contain the same wordings since they have only been adopted by each state and incorporated as state law. Particularly, these laws: Prohibit the use of truck air horns on the highway The act of blowing a car horn excessively or for purposes other than to give a warning is considered as an act of “honking”. “Honking” is penalized by way of the issuance of a ticket and the imposition of a fine. In several states, the fine imposed by state laws ranges from $75 to $1000. In some states, “honking” somebody else’s truck air horn is punishable. What is MOTOR TRUCK CARGO POLICY-OWNERS FORM? Truck air horn manufacturers and distributors were made aware of these laws. Thus, they give ample warning to purchasers of the product. These warnings include the penalties prescribed by law if truck air horns are used recklessly on the highway. "
1099-A or 1099-C for Mortgage Debt Discharged in Chapter 7 Bankruptcy?,"If you have to surrender your home in a Chapter 7 Bankruptcy, the mortgage lender will provide you with a 1099-C. When you file a Chapter 7, the tradeoff is that the mortgage debt is completely dischargeable but you cannot keep your home. Another tradeoff is that when the mortgage debt is forgiven, the IRS views the forgiven amount as income. So, homeowners do not have to pay the remainder of the mortgage but the amount forgiven is taxable income. When a debt is forgiven, the IRS requires that the lender provide the borrower with a 1099-C form. The borrower is then required to file the 1099-C with the IRS. The 1099-C represents income from the cancellation of a debt. One way to explain the form is that a 1099 is used to report income earned from a job. Form 1099-C reports income made from the cancellation of a debt. When the loan is made, the borrower makes a promise to pay and the lender receives a secured interest in the property. At the time the loan is made, the money is not considered income because the borrower promises to pay the money back to the lender. When that promise to pay is discharged, the IRS views the forgiven amount as taxable income. You may be wondering how you will pay the taxes on this income if you have filed bankruptcy. You filed because you do not have enough money to pay your bills. Where are you supposed to get the money to pay the taxes on this income? The good news is that in 2007, The Mortgage Debt Relief Act of 2007 was passed. As a result of this Act, taxpayers can have up to $2 million of mortgage loans forgiven before being taxed. According to the IRS website, this Act will be in place through the end of 2013. It is important to realize that this Act only covers debt forgiven for a mortgage. If you have debt forgiven from another type of loan, you will receive a 1099-C for that loan and you will be responsible to pay the applicable taxes. If you do not understand your 1099-C or believe there is an error, start with contacting the lender. Other options are to contact the IRS or speak with your bankruptcy attorney.   Every expert says the same thing. A “charge off” is the same as a “write off” and is merely an accounting term used in financial processes. The term is used when a financial institution takes an account from a ledger and posts it to that financial company’s “unable to collect” ledger. The lien from the mortgage still exists on the property owner / debtor’s credit report. The monies owed at the time of the “charge off” are still owed. The financial company is simply waiting to decide its next move. It is simply not going to continue trying to collect on a loan that the debtor is unwilling or unable to pay. The fallacy believed by too many debtors is that they no longer owe anything on this “charged off” mortgage. On the contrary, that mortgage company is just standing still, waiting low. The company knows the financial conditions of the debtor and the primary mortgage. The company does not want to foreclose because, as is likely, the primary will get all of the monies from the sale, leaving nothing for this company. So, again, they do not want to force foreclosure. If they get tired of holding this uncollectable debt, they may sell it off to a collection agency. At that point, this original financial institution no longer cares. By law, they have to remove their lien within sixty days or face being sued by the debtor. If in ignorance and mistaken belief the debtor files for bankruptcy, Chapter 7 will exempt secured loans, which is what mortgages are, from discharge. That means that the debtor will still owe the mortgaged amounts, no relief, unless the debtor abandons the property. State laws can add to Federal bankruptcy law, but cannot supersede it, and, as we all know, state laws differ from state to state. So, a good, knowledgeable lawyer is essential. Some people “reaffirm” a mortgage loan in Chapter 7. Usually, this has no bearing. Secured loans are exempt from discharge, as stated above. Experts and lawyers direct debtors in this situation into Chapter 13, where the court assigned trustee can negotiate and restructure the debt into something that is likely grudgingly acceptable by debtor and creditors alike. In Chapter 13, secured debt such as mortgage loans are subject to the negotiations to restructure the debt. Such negotiations will likely get the second mortgage lending company something more than what they would have gotten at a foreclosure, but maybe not as much as selling it to a collection agency. It does not matter to the debtor who is trusting to get a result that relieves the burden into something manageable. One activity that debtors seem to not try is to personally try to reach an agreeable settlement with this second mortgage company. Nothing ventured is nothing gained, as the saying goes. Experts agree to start somewhat low, say at 10 percent of what is owed. If, and when, an agreement is reached, get it in writing. You may want to have a lawyer review the agreement before you sign. Reaching an agreement leaves all bridges intact, in the (unlikely) event that you engage this same company later on. "
What Happens If You Get a DUI While Driving a Company Vehicle?,"Getting a DUI is stressful no matter the situation. Stress is compounded if the DUI is issued when driving a company car. Consequences of a conviction for DUI while driving a company vehicle vary by employer policy. Legally, consequences are different depending on if you have a CDL license or a personal driver's license. Another variable is the applicable state law. Legal DUI Penalties Regardless of what vehicle you are driving, you will suffer the penalties according to city or state law. You may lose your license for thirty days on a first conviction. Depending on your number of convictions, you may lose your license for six months, a year or forever. Jail sentences also increase with the number of convictions. Employer DUI Guidelines Regarding Personal Driver's License Employers have the right to determine the consequences for getting a DUI while driving one of their vehicles. Usually company policy regarding a DUI conviction is part of the employment agreement or employee handbook. Most employees must sign an acknowledgement stating they have received, read and agreed to abide by company guidelines. An example of one employer's DUI standards suspends an employee's right to drive a company vehicle for ninety days on a first conviction. After a second DUI conviction the employee's right to drive a company vehicle is permanently suspended. If driving is a major portion of the employee's responsibilities, the employer can find an alternative position or terminate the employee. If no position is available that does not require driving a company car, the employee will likely be terminated. DUI and CDL License A CDL is a commercial driver's license regulated by the U.S. Department of Transportation. Earning a CDL license requires completing an approved training program and passing a skills and knowledge test. A CDL license typically applies to drivers of commercial vehicles such as semis, tow trucks or buses. If someone is convicted of a DUI with a CDL license, federal guidelines state the driver will lose his or her CDL license for a minimum of one year. A second conviction causes the driver to lose their CDL for the rest of their life. Clearly, losing a CDL license impacts how a driver will earn a living for the rest of their lives. If they do not have a CDL license, legally, they cannot drive a commercial vehicle. "
How Does a Person Declare Bankruptcy Overseas?,"People that live and work overseas but still owe money in the U.S. can file for bankruptcy. How to File Bankruptcy From Overseas Bankruptcy can be filed in the U.S. Bankruptcy District where you lived for most of the last 180 days. Clearly this is impossible if you have been living overseas. If you have a home, business, car, or bank account in the United States, this may be sufficient to file bankruptcy in the district where the assets are located. Once the location of where to file bankruptcy has been settled, the bankruptcy procedure is the same as it is for U.S. Residents. Even this can be problematic for those living overseas because debtors are legally required to personally attend the bankruptcy hearing. Debtors must be present to answer any questions the creditors or bankruptcy trustee may have. Coming back to the U.S. will be expensive. Consider transportation costs from abroad to the United States. Will you have to pay for lodging while in the United States? Filing bankruptcy can cost up to $2,000. You have to pay attorney fees and court costs. You have to decide if the transportation costs and bankruptcy fees are worth filing bankruptcy. Would your money be better spent paying the debts? Why File Bankruptcy from Abroad? Individuals who live abroad may have an overwhelming amount of debt back in the United States. If these individuals have assets or property in the United States, they may want to protect it from creditors by filing bankruptcy. Each bankruptcy chapter has its own requirements. Debtors must meet the legal requirements to qualify to file bankruptcy. Even if a person lives abroad, creditors can still file judgments against them for unpaid debt. Judgments allow creditors to seize bank accounts, place liens on homes or land, or seize other personal property. Judgments are a legal action filed in court.
These judgments will not go away. Creditors will continue to work to take your property. If you are not present in court to fight the judgment or negotiate a settlement, it is at that point that you run the risk of losing some of your assets to the creditors. Filing bankruptcy prevents creditors from seizing certain assets. A bankruptcy attorney can explain collections, judgments, asset protection, and bankruptcy law to you. Together you and your attorney can discover the best course of action for your situation. "
Can a Consent Judgment be Wiped Out in Bankruptcy?,"Definition of a Consent Judgment A consent judgment is issued when two parties agree to a settlement to end a lawsuit. The parties write up an agreement for the judge to sign. Consent judgments considered here are those between a debtor and creditor. Creditors can agree to settle for less than the full amount they are owed. The debtor makes arrangements to pay on the settled amount. Once this consent judgment is signed by all parties and approved by the judge, any court proceedings are brought to an end. Consent Judgments that Cannot be Discharged in Bankruptcy Certain types of judgments will not be discharged in a Chapter 7 bankruptcy. A Chapter 7 bankruptcy is when all of a debtor's financial obligations are forgiven. Examples of debts that cannot be forgiven include: •	Student loans •	Child support or alimony •	Government debts such as taxes, court fees, restitution •	Homeowners association or condo fees accumulated after filing Chapter 7 •	Payments for injury or death caused by a DUI charge. Creditor Options Regarding Consent Judgments and Bankruptcy If a creditor does not believe their debt is dischargeable, the creditor can file an objection. Making an objection involves filing an adversary charge in bankruptcy court. A judge may agree that certain debts are not dischargeable. Examples of non-dischargeable debt include payments on: •	Money, services, or goods obtained by fraud •	Injury caused by a criminal offense such as assault •	Fraud committed by a trustee or guardian. Laws Governing Release of a Consent Judgment Bankruptcy laws vary by state. These bankruptcy laws dictate whether a consent judgment can be eliminated through bankruptcy. Federal bankruptcy law trumps state law if the two bodies of law disagree. If you are considering filing bankruptcy to avoid debt including a consent judgment, it is advisable to consult an attorney. Bankruptcy attorneys know all of the applicable bankruptcy laws. They will represent you at the hearing to release you from all the debt that is legally possible. In order for the bankruptcy attorney to represent you to the best of his or her ability, you must be honest with the attorney regarding assets and debts. Provide as much documentation as possible so that the attorney is prepared at your bankruptcy hearing. "
Can I Start DUI Classes Before My Court Date?,"Before discussing whether driving under the influence (DUI) classes can be taken before the court date, it is helpful to understand what leads up to DUI classes. Those arrested for driving under the influence (DUI) can expect to face a court date, fines, court costs, jail time, random DUI testing, alcohol treatment counseling, or DUI school. Consequences vary depending on local and state laws. Another factor affecting consequences is the total number of DUI offenses a person has. DUI classes are prescribed to reduce the possibility that a person will drive under the influence again. Another goal is to allow participants the chance to confront issues in their life caused by alcohol abuse. Topics that may be covered in DUI class include: • How to recognize alcohol abuse patterns • Consequences of drunk driving • Learning how alcohol affects the body and mind • Confronting whether a participant is afflicted with alcohol abuse • Health risks of alcohol abuse • Risk factors for abuse and how they personally affect each class member • Understanding risks of relapse and how to prevent relapse • How to manage stress or emotion • Learning communication skills in relationships How To Look Up My Court Date Online Whether those arrested on DUI charges can take DUI classes before the court date depends on the applicable laws. Some states allow drivers to start classes before the court and look favorably on drivers who are proactive. Other states order DUI classes at the time of conviction and then issue documentation that drivers must take to class. Check with your state’s DMV or your attorney to see what your options are. Since the length of the DUI course varies depending on the number of offenses, it makes sense to wait until you are convicted. Waiting until sentencing will ensure that you take the proper course to fulfill the conditions of your sentence. Some DUI courses are not sanctioned by the court. Before you spend money on a course that does not fulfill the court’s requirements, it is better to wait until conviction. The court will then provide you with a list of approved DUI classes. "
What Courses to Take to Become a Lawyer,"Undergraduate Degree Law schools do not require a specific undergraduate degree to be admitted to law school. Instead, law schools look for students with writing, debate, speaking, and English skills. Undergraduate classes that build these skills will help prepare prospective attorneys for law school and their future career. Writing skills are needed for creating professional legal documents. Debate and speaking classes are beneficial to prepare attorneys to argue cases in court. English skills will assist attorneys in speaking and writing with proper grammar so the attorney's work will be taken seriously by others. Another suggestion for undergraduate work is to major in a topic that builds the foundation for a particular field of law. If a future law school student wants to be an environmental attorney, choose a major in science, biology or chemistry. If native English speakers want to work with clients that speak a language other than English, it makes sense to major in the language of choice. Law School Curriculum Each law school will have its own required and elective classes. Law school usually takes three years. During the first year, students will take law classes that give them a solid understanding of the basics of law. First year law students will learn about civil procedure, criminal law, legal research and legal writing. Civil procedure courses teach investigative skills and how to present a case in court. Criminal law prepares students to represent clients accused of breaking a local, state or federal crime. Legal research is necessary to discover the laws and cases that that apply to the case at hand. Legal writing courses teach students the legal lingo and proper formats of documents that must be filed with the court or served on witnesses. Second year law students usually take Constitutional law, rules of evidence, and legal ethics. After taking those basic law courses, second and third year students can choose to specialize in a certain area of law or take general law classes. Students can specialize in civil litigation, estate planning, business, Constitutional, employment, environmental, real estate or tax law. For example, those who want to specialize in employment or business law will take courses on business organization, employee rights, and business insurance. Prospective law school students can speak with an advisor who will guide students to the right courses to prepare them for a successful career in their field of choice. "
Does Filing Bankruptcy Release You From a Small Claims Judgment?,"A small claims judgment is when a creditor sues you in small claims court to force you to pay the debt. If the creditor wins, you are legally required to pay the debt or face garnishment of wages and bank accounts. Small claims judgments are claims under a certain dollar amount. Each jurisdiction has its own standards regarding the ceiling on a small claim. Small claims could be for a variety of debts from medical bills to credit cards. Chapter 7 Bankruptcy does release you from a small claims judgment. A Chapter 7 Bankruptcy shows that you do not have enough assets to pay your debts. In order to have the judgment discharged, be sure to list the judgment as one of your debts. Be careful when considering filing a Chapter 13 Bankruptcy. In a Chapter 13, you reduce your debts to one payment a month made to a U.S. Bankruptcy Trustee. You can work with the courts and the creditors to pay all or a portion of your debt over a three to five year period. If you choose to file a Chapter 13, the small claims judgment may be included in your repayment plan. Other items to consider before filing bankruptcy due to a judgment are the size of the judgment and the total amount of all your debt. It would be foolish to file bankruptcy on just one judgment if the dollar amount is relatively small and you have no other debt. It is foolish because bankruptcy and attorney fees can cost $1,000 to $2,000 dollars. Based on this information, if the judgment is small, it would be best to just pay the judgment. You can attempt to work with the creditor to see if they will accept a payment plan rather than immediate payment in full. However, if you have multiple judgments that add up to a substantial amount of money, bankruptcy may be a good option for you. If you have one small judgment and a high amount of other debt, bankruptcy may help you get out of debt. Once you begin the paperwork for bankruptcy, all collection efforts against you must stop, even small claims judgments. If the U.S. Bankruptcy Court approves your bankruptcy, all of your debts are discharged. No creditor can attempt to collect from you on any debt included in the bankruptcy. "
What Would Happen if the US Treasury Goes Bankrupt?,"If the U.S. Treasury went bankrupt, America would experience the largest depression in the history of the country. First, let’s look at how we reached this point in our country’s history. Figures vary but it is estimated that the U.S. owes creditors at least $16 trillion dollars. One reason is that the U.S. government keeps asking creditors for more time to pay our debt. Doing so causes the debt to increase because additional interest charges accrue. In an effort to generate more money to pay our debt, the U.S. Treasury prints more money and bonds. All this does is weaken the value of our dollar and our treasury bonds. American economist Thomas Sowell claims that today’s $100 is worth less than $20 in the 1960s. What this means is that our life savings are not worth as much as we thought and will not sustain us as long as we had planned. When the U.S. Treasury is no longer able to pay its debts on time, the government will increase taxes on American citizens in an effort to raise enough money to pay what it owes to creditors. If our taxes increase by fifty percent, we will have less money to keep a roof over our heads and food on our tables. Without sounding overly dramatic, desperate people do desperate things. People will be so angry when they run out of money that they will resort to stealing. Violence will increase. Since the government will be broken, it will not have enough law enforcement to control looting and violence. Simply said, the government will have no funds to provide people with food stamps, Medicare, Medicaid, or Social Security. This leads to the question of how people will survive. Unfortunately, there is no good answer to that question. Businesses will close resulting in increased unemployment. If people are unemployed and their savings are almost worthless, they will not be able to afford even the necessities of life. This brings us back to the fact that the government will be broke and will not be able to help its citizens. "
"If I Owe Money to a Company that is Going Bankrupt, Do I Still Have to Pay Them?","Yes, even if a company is going bankrupt, you still have to pay what you owe them. Why? Just because a company is going bankrupt does not mean your debt is eliminated. If you have purchased goods or services from a company, you still owe them for what you received from them. If it is a personal loan, credit card company, auto loan, or home loan, of course, you have to pay it back. You have already received the money, the car, or the home. Look at it like this: the company you owe money to also owes money to its creditors. When a company enters bankruptcy, a trustee is appointed to liquidate the company’s assets and use the proceeds to pay the creditors. The money you owe them is one of the company’s assets.   Does Your Name Go in the Local Paper when You Become Bankrupt? If you do not pay the debt, you will face collection efforts. Since the company is going through bankruptcy, it will generally use an outside collection agency or third-party collection agency. Once the money is collected, it goes to the trustee who then pays the company’s creditors. It is better to pay the money that you know you owe rather than face a lawsuit or other collection efforts. If the bankruptcy is a restructuring rather than liquidation, you may not even know the company is going through bankruptcy unless it is announced on the news. When a company goes through a debt restructuring bankruptcy, known as a Chapter 11 bankruptcy, the company keeps going about its regular tasks to earn money to pay their creditors. Yes, the company may have received all or partial forgiveness on some of its debts. At the same time, they need to stay in business to pay the money they owe. It is also true that some employees may lose their jobs in the restructuring. This may result in: However, if you purchased the product or service, you must pay for these items. If it is a monthly service such as a cable or telephone bill, yes, you do need to keep paying for the service as long as you continue to use it. Just to be safe, keep paying your bills as normal to a bankrupt company unless you receive other instructions. "
Can I File a Civil Suit Against Someone Who Filed Bankruptcy,"Whether you can file a civil lawsuit against someone who has filed bankruptcy is a complex question with more than one answer. Standard procedure is that per federal law, any collection efforts must cease when someone files bankruptcy. Trying to collect a debt after being notified the debtor is filing bankruptcy can actually result in criminal penalties under federal law. Those who are considering filing bankruptcy must file a document called ""Suggestion of Bankruptcy"" with the bankruptcy court. Based on this information, you cannot file a civil lawsuit after you receive this notification that a debtor plans to file bankruptcy. Filing this document gives debtors what is called an automatic stay from collection efforts. Even if you started the civil suit before the debtor filed the Suggestion of Bankruptcy, you must stop any further court proceedings regarding the suit. If a creditor can prove the debt was obtained by fraud or false pretenses, the debt is not dischargeable in bankruptcy court. Non dischargeable means the debt will not be forgiven. The debtor will still be responsible to pay. If you think your case meets these criteria you can file what is called an Adversary Proceeding in bankruptcy court. Other examples of debt that cannot be discharged include student loans and money owed to state or federal agencies. Examples of debts to agencies include federal fines, back ordered child support or alimony, and back taxes. Creditors may file a request for relief from the automatic stay so that the creditor can continue pursuing the case. This request is filed in the same district court where the civil suit began. It is up to the district court to approve or deny the creditor's request. The best way to prove your claim is to file an Adversary Proceeding. Doing so states that your claim is valid, has priority over other claims, or is secured by real property. If creditors do nothing to assert their claim, the claim will be dismissed when the bankruptcy is approved. By not asserting a claim, you are telling the defendant and the bankruptcy court that you are waiving your right to pursue payment. It is advisable to consult with or retain an attorney when faced with a debtor who is filing bankruptcy. Doing so avoids violating any federal law that protects the debtor's rights. "
How Do You Determine if an Attorney is Legitimate and Has Passed the Bar?,"If you are in need of the services of an attorney, it is likely that you are facing a complex legal issue that you cannot handle without a legal expert. Understandably, it is important to determine if an attorney is legitimate and has passed the state bar exam. How much effort you expend into verifying this information is your decision. The easiest way to determine if an attorney has passed the bar exam is to contact the bar exam office in your state. Try doing an internet search with the name of your state and the phrase state bar association. For example, ""Vermont state bar association."" Some states will have a list of attorneys on the website. In other states, you may have to call or write the state bar association. If for some reason you are not able to verify an attorney's credentials through the state bar association, try calling the state Supreme Court Clerk. These clerks have a list of attorneys licensed to practice law in their state. Ask the state bar association or Supreme Court clerk whether the attorney has any complaints filed against them. Try to find out what the complaint was regarding, how the complaint was resolved, and what disciplinary action was taken against the attorney. You may want to think twice about hiring an attorney who has faced disciplinary action. One way to verify if your attorney is legitimate is to ask your attorney for a short list of cases he or she has argued. Check the results of the case with the clerk of courts. If the attorney was allowed to represent the case in court, it is an indication that the attorney is legitimate and in good standing. Another way to determine whether an attorney is legitimate is to verify his or her education credentials. Ask the attorney what law school he or she attended. Then, call or write the school to verify the attorney did in fact graduate. You can take it a step further by asking if the law school is accredited by a well-known college or university accrediting agency. Ask the attorney for a list of clients who are willing to speak with you regarding their experience with the attorney. Consider asking whether the client was satisfied with the outcome of their case and their opinion of how the attorney handled their case. "
What is a Mortage Cram Down for Rental Properties?,"Simply stated, a mortgage cram down for rental properties will reduce the amount of your loan based on certain criteria. If you have a rental property that has depreciated in value, you may be eligible for a mortgage cram down. In order to be eligible for a cram down, you must file a Chapter 13 bankruptcy. A chapter 13 bankruptcy allows you to make a repayment plan of most of your debts in the next three to five years. Repayment plans will not exceed five years. Filing a Chapter 13 bankruptcy also stays collection calls and efforts. You may be eligible for a mortgage cram down if the market value of your rental or investment property is less than the amount of your mortgage. For example, if your mortgage is for $500,000 but the property is only worth $300,000, you may qualify to have the principal of the loan reduced to $300,000. Please note that first mortgages on your primary residence are not eligible for the mortgage cram down. In addition to having the principal on your mortgage loan reduced, the bankruptcy court may lower the interest rate. It is up to the bankruptcy court to set the interest rate. When the loan is reduced, the difference between the market value of the rental property and the amount of the loan principal becomes unsecured debt. When you have fulfilled your payment plan, the unsecured debt is discharged or forgiven. Only people who have enough income to make the monthly payments can qualify for the Chapter 13 mortgage cram down. If your Chapter 13 repayment plan is approved, you are assigned a trustee who will distribute your monthly payments to your creditors. An advantage of sending the money to the trustee is that you will have only one loan payment each month instead of making payments to multiple creditors. One important item to note is that people will not be eligible for the Chapter 13 bankruptcy mortgage cram down if they have had another bankruptcy case dismissed in the last six months. Another requirement is that debtors complete consumer credit counseling before filing a Chapter 13 bankruptcy. "
How to Get a Job in Criminal Justice Administration,"As the name suggests, careers in criminal justice administration prepare graduates to take on managerial functions in a criminal justice setting. Those in criminal justice administration can choose to work in corrections, rehabilitation, parole, probation, law enforcement, the court system, organized crime or white collar crime divisions, or private security. Criminal justice administration professionals combine their managerial skills with their knowledge of law enforcement to keep departments and agencies running efficiently and effectively. Another career option includes analyzing crime control theories and developing the best crime control or crime prevention plan for your department or geographical region. Administrators can work with court and justice systems to ensure the agencies are following due process, upholding constitutional rights, and following case law. Criminal Justice Administration Salary Salary for administrators in criminal justice ranges widely depending on where the administrator works. Administrators at the federal level earn anywhere from $30,000 to $90,000. State level administrators earn from $30,000 to $80,000 per year. Education Requirements A Bachelor of Science in criminal justice administration provides students with principles, practices, concepts, and theories of criminal justice along with management skills. Students will learn about the operations of a police department, court room, agency, and correctional facility. Graduates of a bachelor’s in criminal justice administration will learn management skills such as public relations, management, human resources, communication, leadership, human interaction, crisis strategies, organizational behavior, and writing skills. Students of the bachelor’s program will learn about how legal and civic matters work together. Examples of these ideas include neighborhood development and planning, urban politics, current social problems, interracial communications, minorities, criminology, psychology, and ethics. For those who want to take their education one step further, a Master of Science in criminal justice administration is available. In order to advance in the FBI, Drug Enforcement Agency (DEA), U.S. Marshals, or Immigration and Naturalization Services (INS), a master’s degree is essential. Most master’s degree programs in criminal justice take three years to complete. In order to be considered for an entry level position in criminal justice administration, candidates often need to have at least five years’ experience in criminal justice, good job performance reviews, and a bachelor’s degree. [qs_listing areaofinterest=”CRIMINAL-JUSTICE-ADMINISTRATION”] "
How to Get a Job in Crime Scene Investigation,"A crime scene investigator career is not for the faint of heart. Investigators are called to crime scenes such as homicides, sexual assault cases, burglary, armed robbery, and home invasions. Even in gruesome, violent crime scenes, investigators have to remain calm and professional. Crime does not happen on an 8-5 Monday through Friday schedule. Crime scene investigators must be prepared to work any time of the day or night, often working more than 40 hours a week. Once crime scene investigators reach a crime scene, one of their first responsibilities is to observe the crime scene to determine what evidence needs to be collected and preserved. Some investigators take their own photographs of the crime scene, victims, and potential evidence. Some investigators may work with a photographer who takes on the responsibility of visually documenting the crime scene. Crime scene investigators make drawings of the crime scene and make notes on what they see. Perhaps the most important part of a crime scene investigator’s responsibilities include collecting any evidence such as fibers, weapons, fingerprints, drugs, bodily fluids, or anything else that may help solve the case. Evidence must be properly collected, documented, transported to the crime lab, and studied at the lab. Once the evidence has been studied, the investigator prepares a report of his or her findings to give to the detectives working the case. Occasionally an investigator will need to testify in court regarding the evidence at the crime scene. Crime Scene Investigator Salary According to the Bureau of Labor and Statistics, the median salary for crime scene investigators was just over $50,000 in May of 2010. The lowest wages were in the $30,000 range while the highest wages were around $82,000. Salary will vary depending on education, experience, and the agency level where employed. For example, those working with the FBI may earn more than investigators at the local level. Job Requirements for a Crime Scene Investigator Crime Scene Investigators with a bachelor’s degree will have more opportunities for their career than someone without a degree. Majors in criminal justice, forensics, biology, chemistry, or crime scene investigation are beneficial. Investigators must pass a background check, polygraph exam, a physical, and a psychological evaluation as part of the hiring process. Once hired, new investigators work with experienced investigators until they are ready to work alone. [qs_listing areaofinterest=”CRIME-SCENE-INVESTIGATION”] "
How to Get a Job in Criminal Justice,"Anyone interested in learning more about the law and law related careers will benefit from a Bachelor’s Degree in Criminal Justice. Possible Careers with a Degree in Criminal Justice Earning a Criminal Justice degree educates students in a wide range of legal topics. Criminal Justice majors learn about the criminal justice system, legal procedures, criminal investigation, law enforcement, the court system, and corrections. A Criminal Justice degree opens up a broad range of career opportunities for graduates. Possible careers in law enforcement include police officer or detective, probation officer, or correctional officer. One example of a career in corrections is a prison warden or guard. For those who want a covert position, consider a career as a secret service officer, FBI agent, or private detective. Other career possibilities include border patrol officer, customs agent, or immigration guard. If graduates enjoy working in a legal office or court room, available careers include paralegal, law clerk, court clerk, or court transcriptionist. For those interested in understanding criminal behavior, consider becoming a criminologist. Employees in this field learn about what causes criminal behavior and how to control or prevent such behavior. How Much Can One Expect to Earn in Criminal Justice? With such a wide variety of available career opportunities, salaries differ depending on a graduate’s career of choice. Private detectives or private investigators can expect to earn over $40,000 per year.
Court clerks earn close to $50,000 annually. Paralegals earn approximately $45,000 per year. A police officer can make over $50,000 annually. Prison wardens earn close to $40,000 per year. Criminologists earn an average of $45,000 annually. Secret Service agents can earn as much as $75,000 per year. Customs agents can make up to $45,000 annually. Job Requirements Since a criminal justice degree opens up the way to numerous careers, job requirements do vary. In order to have hope of advancement and the opportunity for a higher salary, consider earning a bachelor’s degree. Some criminal justice careers require extensive training. For example, new federal correction officers need to attend 200 hours of training during their first year of employment. Paralegals have voluntary certifications they can earn. Certifications usually involve extensive study in preparation for a comprehensive exam. Those interested in criminology will benefit from psychology and sociology classes to understand the criminal mind and criminal behavior. [qs_listing areaofinterest=”CRIMINAL-JUSTICE”] "
Who Was Henry Campbell Black?,"This dictionary's namesake was a consummate turn-of-the-20th-century professional who left a permanent mark on the American legal landscape. Born in 1860, Henry Campbell Black grew up in New York State's Hudson Valley region and developed an interest in the law at a young age. In fact, he was something of a prodigy: He published the first edition of Black's Law Dictionary before his 31st birthday. Today, this book is recognized as a top legal resource and serves as a basis of study for many thousands of aspiring legal professionals. Ironically, Henry Campbell Black wasn't a particularly noteworthy lawyer. Although he received formal legal training and began to practice law after graduating from a now-defunct law school in Pennsylvania, he grew frustrated with the demands of the profession and left his post after just five years. After leaving his unsatisfying job as a lawyer, Black quickly holed up in his parents' house and began compiling a comprehensive list of legal terms. Although it's unclear whether he intended this compilation to become an iconic tome, the scope of his ambition was clear from the start. Known as ""Campbell"" to his friends and relatives, Black was a confirmed homebody. Unlike most of his legally-inclined peers, he chose to live in his family home for the majority of his adult life. In fact, he lived with his mother until she passed away in 1911. It seems likely that his strict Presbyterian upbringing imbued Black with a strong sense of discipline and familial obligation. This might also explain his decision to remain single until after his 50th birthday. Black did eventually marry a much-younger single woman who had boarded with his mother for some years. By this time, he was living in Washington, D.C. and had become immersed in his work as a legal scholar. In addition to his work as the editor of Black's Law Dictionary, he published over 1,000 scholarly articles that touched upon arcane legal matters as well as timely political issues. In recognition of his achievements, he received an honorary law degree from his undergraduate alma mater in 1917. Of course, Black kept returning to the legal dictionary that he had created. During his lifetime, he issued several revised editions of the tome. With each successive publication, he personally oversaw the addition of thousands of new definitions and concepts. By the time he passed on in 1927, he had earned recognition as one of the most powerful legal thinkers of his generation. "
Is It Illegal for a Prospective Employer to Verify Your Current Salary?,"If you're like most job-seekers, you've probably talked to dozens of human resources professionals and e-mailed hundreds of copies of your resume to prospective employers. It's highly likely that you've received at least a few responses from these employers' hiring departments. However, this might be cold comfort. After all, there's a good chance that you provided misleading or downright untrue information on your application or cover letter. While this is a dubious practice, it's not uncommon: According to recent surveys, more than half of all American job applicants admit to embellishing key aspects of their employment history or qualifications. Many applicants ""pad"" their resumes with nonexistent or exaggerated internships. Others inflate past salary or bonus figures. If you've provided misleading, exaggerated or unsubstantiated compensation-related information to a prospective employer, you might be wondering whether your dishonesty will be discovered. In the United States, employers are not prohibited from double-checking job applicants' quoted salary figures. If you provide a public or private employer with information about the compensation that you've received in the past, you should expect its hiring department to contact your previous employers and confirm that you're telling the truth. Before deciding to proceed with a new hire, most selective employers will take this step. However, your previous employers might not provide any information to your prospective employer. Unless they've been issued a subpoena, U.S.-based employers are under no legal obligation to disclose any information about current or former employees. In fact, most employers specifically forbid their human resources departments from discussing such matters. In most cases, these departments will simply confirm your dates of employment and refuse to give out any additional data. It's important to note that the consequences for providing misleading or untrue information on a job application can be serious. Although you probably won't face criminal charges for lying to a private employer, you might be held criminally liable for making egregious misrepresentations to a government agency. However, it's more likely that you'll simply be terminated for your transgression. Depending upon the structure of your employment contract, it's also possible that you'll have to pay back certain wages or benefits that you received during the course of your employment stint. In light of these consequences, it would be unwise for you to make material misrepresentations on any job application. Whether you're putting in an application at McDonald's or looking for work at a high-powered law firm, your dishonesty is likely to haunt you. "
Can You Go Back to College If You Owe on Your Student Loan?,"If you’re like most folks, you chose to finance your education with a combination of out-of-pocket outlays and federally-backed student loans. Depending upon your institution’s tuition costs, you may have accumulated a sizable load of student loans. In fact, your burden could be interfering with your post-graduation lifestyle. If your mounting interest and principal payments are making it difficult for you to afford basic necessities like food and fuel, you might be thinking about defaulting on your loans. Unfortunately, this could have dire consequences for your credit profile. Worse, you might not be able to discharge your student loans with a standard bankruptcy filing. Unless you can convince a bankruptcy judge that you’ll be permanently unable to repay your loans, you’ll be subject to wage and tax-refund garnishments at the behest of your lenders. Depending upon the size of your debt burden, these could continue indefinitely. If your student loans are in default, you won’t be able to go back to school right away. First, you’ll need to make the requisite back payments on each loan and work out a repayment plan with your lender. Once your loans are back in good standing, you’ll be free to return to school. You might even be able to obtain new federally-backed student loans to cover your tuition costs. If you still owe money on your student loans but haven’t yet defaulted, you may return to school at any time. However, you’ll need to avoid over-leveraging yourself. If you take out too many student loans at once, you may expose yourself to higher interest rates. In certain circumstances, your loan applications might even be denied. For starters, you’ll need to take stock of your current student debt load. If your debts are still fairly extensive, you might not qualify for additional federally-backed student loans. You also won’t qualify for any loans issued through the federal Stafford program. Instead, you’ll have to secure financing through the Parent PLUS program. If your parents aren’t willing to shoulder an additional financial burden, you’ll have no choice but to procure your loans on the private market. Private student loans come with several key drawbacks. Most importantly, they’re not guaranteed by the federal government. If you default on a private student loan, your lender may go to great lengths to recover its principal. Additionally, private student loans tend to carry: In fact, some private student loans begin to accumulate interest immediately. "
Can I File a Claim Against My Neighbor’s Homeowner’s Insurance Company?,"There are several instances in which it might make sense to file a claim against your neighbor's homeowner's insurance company. If your home was damaged by a structural component of his or her house, you might have reason to suspect that his or her negligence caused the problem. If a tree limb or other natural feature that originated on his or her property caused structural damage to your home or outbuildings, you might believe in the merits of such a claim as well. Likewise, you might expect your neighbor's homeowner's insurance provider to pay for the damage that the roots of one of his or her trees caused to your plumbing or sewer system. Unfortunately, you're legally prohibited from filing a claim against your neighbor's homeowner's insurance company. Regardless of the apparent merits of your case, such a claim simply isn't permitted in any legal jurisdiction. If you have your own homeowner's insurance coverage, you'll need to file a claim with your provider. If you don't have homeowner's insurance, it's unlikely that you'll be able to recover any money from your neighbor's homeowner's insurance provider. However, it might be worthwhile for you to attempt to make such a recovery. You'll have just one realistic option for doing so. This will involve filing a formal lawsuit against your neighbor. If you suspect that he or she doesn't have the resources to pay for the damage to your home, you'll need to file a suit against his or her homeowner's insurance provider as well. In either case, the provider will ultimately pay for the damages: If your neighbor is found to be liable, his or her provider will reimburse him for the full amount of your award. As such, you shouldn't feel bad about filing the suit. Once you file your lawsuit, you'll need to prove that the damage to your home or property was the direct result of your neighbor's negligence. This is liable to be difficult: Unless you can convince your neighbor to testify in frank terms about his or her supposed negligence, you probably won't be able to build a convincing case. Since your lawsuit won't be a criminal matter, you won't be able to subpoena any maintenance records. In fact, your only option may be to present the testimony of a third-party appraiser or damage expert. Unfortunately, your neighbor's homeowner's insurance company will be free to refute such testimony with the opinions of its own appraisers. "
Can a Parent Have His or Her Married Daughter on His or Her Health/Auto Insurance Plan?,"If you enjoy solid health insurance coverage through your employer or group health plan, you might be wondering whether your married daughter is eligible for inclusion on your policy. After all, you were able to include your child on your policy before her 18th birthday. Following the passage of the Affordable Care Act, you might suspect that she's eligible for inclusion on your policy after her 18th birthday as well. Before you spend an afternoon on the phone with the Health and Human Services Administration, take a moment to consider your options. Depending upon your daughter's age and employment status, you might be able to add her to your health insurance policy without throwing your household's budget into disarray. Under the terms of the Affordable Care Act, a child is entitled to remain attached to his or her parents' health insurance policy until his or her 26th birthday. Prior to 2009, many health insurance companies refused to extend such ""parental coverage"" to non-dependent adult children. The Affordable Care Act has made such refusals illegal. While a parent or child can voluntarily decline joint parental coverage, all of the insurance companies that do business in the United States are required to honor qualifying joint coverage requests. In other words, your married daughter can remain on your health insurance policy until her 26th birthday. This has no effect on her marital status or tax-filing protocols: She may remain legally married during the effective coverage period and is entitled to file a joint tax return with her spouse. However, this rule does come with certain restrictions. For instance, your daughter can't include her spouse or children on your health insurance policy. If they wish to procure health insurance, they must do so by other means. Unfortunately, this restriction may dissuade your daughter from accepting your offer of health insurance coverage. If she's the primary breadwinner in her household, it's likely that she'd be able to obtain health insurance through her employer. If her spouse lacks a full-time job, your daughter's employer-sponsored health insurance plan might represent the family's only realistic coverage option. As such, your daughter might opt to decline your offer of coverage and sign up for her own group health insurance plan. On the other hand, your daughter can remain on your auto insurance policy indefinitely. As long as she lives in your household, you'll be able to cover her vehicle on your personal ""family plan."" Once she moves out, she'll have to obtain her own coverage with her spouse. "
"What Happens to a Person Who Passes Away with No Life Insurance, Money or Family That Can Help?","Sadly, it's not uncommon for people to die without a ""safety net"" to offset their final expenses. Since funerals can cost anywhere from $3,000 to $20,000, this is not a trifling matter. Unfortunately, many people don't prepare to die suddenly or can't afford to make arrangements for such an eventuality. With the cost of life insurance rising at nearly double the rate of inflation, this problem may get worse with the passage of time. If you know someone who's near death and can't afford to cover the cost of his or her final expenses, you may be able to assist him or her in a few different ways. Although it seems insensitive, it might make sense to compile a list of ""affordable"" post-death options. For instance, cremation is typically more affordable than a full burial. Likewise, conduct some research on the funeral homes in your area to get a sense of the potential cost of your loved one's memorial service. These two steps might save several thousand dollars. Next, contact the funeral homes that you've selected to determine whether their pricing schemes are negotiable. In many cases, you'll be able to work out a payment plan that can spread the cost of your loved one's funeral over a period of five to 10 years. If the funeral directors in your area seem reticent to do this, you may wish to contact the church at which you're planning on holding the funeral. In many cases, this institution will be able to pay off the funeral director and shoulder most of the additional expenses. In return, it may expect some type of bequest or ongoing gift. Alternatively, certain charities in your area may be able to help shoulder the costs associated with your loved one's burial. Most religious charities offer such support for members of specific denominations. Interdenominational charities like the Salvation Army might be able to provide some support as well. It's entirely possible that you'll have to contact an array of charities and secure funding from multiple sources. While the nonprofit sector provides the most realistic option for covering the funeral costs of someone who dies without life insurance, savings or financially-comfortable family members, the government might be able to help as well. If you can't secure funding for your loved one's funeral by other means, contact the Social Security Administration. If your loved one drew Social Security benefits before his or her death, this agency might be willing to provide some limited financial assistance. "
Is My Money in Fidelity Investments Mutual Funds Fairly Safe?,"If you’re like most retirement investors, you’ve chosen to put a significant amount of your long-term savings into mutual funds, bonds, and stocks. These three investment classes generally provide long-term investors with the best possible risk-reward balance. Over many years, these vehicles tend to appreciate at several times the rate of inflation and experience relatively minor bouts of volatility. As such, they’re judged to be “safe” relative to more exotic investment vehicles like: However, all investments carry some risk. If you’ve invested in a basket of mutual funds from Fidelity Investments, you should be prepared to experience temporary losses and periods of gut-wrenching volatility. If you anticipate needing the money that you’ve placed in these funds within the next several years, you may wish to cut back on your exposure and place your hard-earned money in more stable investments. Although they won’t offer the same rates of return as your mutual funds, CDs and Treasury bonds are virtually guaranteed to retain their value and make regular interest payouts. As a rule, investors who plan on retiring within the next five years should keep the bulk of their savings in such low-risk vehicles. If you’re younger, Fidelity Investments is a great place to put your money. Over the past several years, the company’s mutual funds have clearly outperformed the funds issued by well-respected firms like Vanguard and Morningstar. In addition, Fidelity is known for its fair cost structure and straightforward management strategy. Unlike “fancier” mutual funds issuers like Franklin Templeton and the Hartford, Fidelity makes clear distinctions between its fund classes and rarely mixes asset types within specific funds. If you want to invest solely in large-cap stocks that pay steady dividends, there might be several Fidelity funds that fit your criteria. By contrast, some other firms’ funds might force you to hold positions in riskier technology stocks or commodity-based outfits as well. In short, your money is fairly safe in a Fidelity Investments mutual fund. Although the recent financial crisis shook the confidence of millions of retirement investors and caused many to swear off the stock market on a permanent basis, it actually treated Fidelity customers fairly well. Aside from a year-long period during which most Fidelity funds declined by an average of 20 to 30 percent, the crisis had a manageable impact on the company’s bottom line. In fact, it actually gained customers in the wake of the turmoil. "
Can I Get My Canceled Auto Insurance Policy Reinstated at the Same Rates as Before the Cancellation?,"Auto insurance policies can be cancelled for several reasons. If you've been convicted of a serious vehicular crime like drunk driving or reckless driving, it's possible that you've been ""dropped"" from coverage by your insurance carrier. Although insurance companies are required to provide coverage for high-risk drivers, they aren't technically prohibited from dropping such drivers from coverage. Once a high-risk driver has been dropped from coverage, he or she becomes part of his or her state's ""insurance risk pool."" Each insurance company that does business in a given state is required to cover some of the drivers in its risk pool. Once a high-risk driver has obtained the proper post-conviction documentation, he or she will be able to secure insurance coverage from one of these companies. If you've been dropped from your insurance policy as a result of an impaired-driving conviction, you won't be able to reinstate your policy at its pre-cancellation rates. In fact, you should expect to pay a ""risk premium"" of at least 50 percent of the former cost of your policy. It's more common for insurance companies to drop policyholders who can no longer afford their policies. Under these circumstances, providers are under no legal obligation to reinstate the delinquent policies. If you've been dropped from your policy due to an inability to pay, you may be able to reinstate it at its pre-cancellation rates. However, your ability to do so will depend upon several factors. First, your insurance carrier may require you to cover the delinquent balance on your account. Since this will probably amount to at least two monthly premium payments, you'll need to write a check for several hundred dollars to your carrier. Once you send in your payment, it may take several days for your coverage to resume. You'll receive an e-mail or letter that confirms that your account is in good standing. Secondly, your insurance carrier might refuse to reinstate your policy under certain circumstances. If your coverage has been dormant for more than three or four months, your provider could charge a ""non-payment premium"" on top of your delinquent balance. If you can't pay this special premium, you might not be able to receive coverage at your previous rates. Finally, your insurance carrier will run a fresh driving-history check before agreeing to reinstate your coverage. If you've been involved in an accident or received a traffic citation since your policy's cancellation, you'll be forced to pay higher rates after its reinstatement. "
"As a Sole Proprietor, Can I Write Off My Student Loan Payments?","If you’re a sole proprietor, you probably write off hundreds or even thousands of dollars in business-related expenses each year. As a business owner, you’re eligible for many tax breaks that regular taxpayers can’t claim. When times are tough, these breaks can provide a much-need boost to your income and allow you to make essential investments in your business. Many small business owners swear by these deductions and lobby the IRS to make enhancements to them at regular intervals. Unfortunately, there are limits to the business-related expenses that sole proprietors may claim. Although you’re likely to be permitted to deduct the cost of self-help books, business seminars and continuing-education classes, the IRS won’t allow you to deduct the principal payments that you make on your college-era student loans. If you financed your undergraduate education with federally-backed or privately-sourced student loans, you’ll need to eat the cost of your principal repayments. However, you may be able to claim the interest that you pay on your old student loans. In fact, this privilege is not reserved for sole proprietors. Virtually anyone who meets certain income requirements is eligible to write off the interest that they pay on their outstanding student loans. For many borrowers, this adds up to a significant tax deduction. If your student loans carry an effective annual interest rate of 6 percent and a remaining principal balance of $30,000, they’ll accrue interest at the rate of $1,800 per year. Depending upon your average income tax rate, a write-off of this size could reduce your total tax liability by as much as $1,000. Although your status as a sole proprietor doesn’t entitle you to write off the principal payments that you make on your student loans, it does permit you to write off plenty of other business-related expenses. If you work from home, you may be entitled to an even greater array of write-offs. Many sole proprietors are eligible to deduct all of the expenses related to the maintenance of their home offices. Even if you work in a number of locations or maintain a physical office in a remote location, you might still be able to claim these expenses. Start by measuring your home office’s dimensions and calculating its square footage. Next, divide this figure by your home’s total square footage. Using the resultant fraction, calculate the office’s “share” of your mortgage expenses, heating costs, Internet fees and other related expenses. Under current tax laws, you can deduct these “shares” from your total taxable income. "
Will Homeowner’s Insurance Pay to Remove a Hazardous Tree?,"Unless you live in an arid environment, your home region is likely to be home to a range of native tree species. If you own a single-family home that features a yard or fenced-in area, chances are good that you have at least one such tree on your property. Even if it's not a particularly tall or wide, you might be worried about its potential to cause significant damage to the structure of your home during a violent windstorm, snowstorm or other weather event. In fact, you might be thinking about forestalling this eventuality by trimming or removing it entirely. Unfortunately, tree removal can quickly become ruinously expensive. Most homeowner's insurance companies advise their policyholders against attempting to cut down or trim large trees without the help of a professional tree removal service. If you need to take down an old tree that features a massive crown and twisted root structure, you might need to lay out as much as $5,000 to ensure that the job is done properly. To make matters worse, your homeowner's insurance company won't pay to remove a hazardous tree from your property. Under the terms of most homeowner's insurance policies, homeowners are required to perform any maintenance work that's necessary to prevent significant damage to their homes. This provision is often sweeping. In fact, homeowner's insurance companies interpret it to cover routine maintenance tasks like storm-proofing windows as well as more complicated jobs like removing potentially dangerous trees. It can also have serious real-world consequences. If your homeowner's insurance company can prove that you failed to perform certain types of maintenance work, it may try to associate this failure with certain subsequent damages to your home. If it can do so successfully, it may refuse to pay out on claims related to these damages. As such, it's important that you keep your home and property in excellent repair. Although this could be expensive in the short term, it's liable to pay off in the event that you file a claim. After all, repairing a potential problem is usually far cheaper than paying for the catastrophic damage that it's likely to cause. If one of the trees on your property falls on your house, your homeowner's insurance company will try to prove that the tree was dead or dying. If it can do so, it will accuse you of failing to take the necessary steps to remove the tree and use this ""fact"" as justification for denying your claim. In order to prevent this outcome, you'll need to pay for the removal of the tree out of your own pocket. "
What Is the Cheapest Auto Insurance Rate for an 18-Year-Old Male?,"As an 18-year-old driver, you're probably frustrated by the expensive auto insurance quotes that you've been receiving. While the exact cost of your auto insurance policy will depend upon a wide range of factors, you'll be unlikely to find coverage for less than $100 per month. As an 18-year-old male, you present a significant statistical risk. Even if you opt for a policy that offers poor coverage and an extremely high deductible, you should expect to pay at least $1,200 per year for your plan. As long as you avoid racking up traffic citations, your rates should begin to drop after your 20th birthday. In fact, you could be paying as little as $50 per month by your 25th birthday. Realistically, your auto insurance coverage might cost even more than $100 per month. If you select a policy that offers robust coverages, you may need to pay as much as $350 per month. Although such a policy will provide ample protection in the event that you're involved in a serious accident, it might prove to be out of your financial reach. As an 18-year-old male, you might save a great deal of money by attaching yourself to your parents' insurance policy. If you wish to purchase your own vehicle, you'll need to make sure that one of your parents retains its title. Once this is done, you'll be able to obtain affordable insurance coverage on it using your parents' existing ""umbrella policy."" Although you'll need to be listed as one of the vehicle's ""occasional drivers,"" this shouldn't affect the cost of the policy to a tremendous degree. However, your parents will be held liable for any damage that you cause to the vehicle. If you're involved in an accident, your parents' insurance company will almost certainly raise their rates by 25 percent or more. If you don't find this arrangement to be palatable, you may be able to reduce your insurance costs by other means. If you haven't yet purchased a vehicle, consider buying a used vehicle with a security system, solid safety record and low resale value. These three attributes may significantly reduce your vehicle's annual insurance costs. If you've already purchased a vehicle, you may wish to install a security system. Depending upon the region in which you live, this could reduce your annual insurance costs by 10 percent or more. Finally, ask each of your prospective insurance providers about the ""good student"" and ""safe driving"" discounts that they might offer. "
What Does California Law Say About Health Insurance After Divorce?,"If you're going through a messy divorce in California, you're probably wondering whether you'll be able to keep your health insurance coverage after its finalization. After all, health insurance is tremendously expensive. If you're unable to remain covered under your ex-spouse's employer-sponsored health insurance plan, you might need to source health insurance coverage on the open market. Depending upon your health profile and the needs of your children, this may cost a substantial amount of money. Before you search for a new health insurance plan, you'll want to check with a seasoned divorce lawyer or health insurance expert to make sure that you're not eligible to remain covered. In fact, there are certain circumstances under which you might be able to retain your ex-spouse's health insurance coverage. Under the applicable state and federal statutes, this ""continuation of coverage"" is liable to be temporary. However, many divorces result in an arrangement that requires the insured ex-spouse to issue regular cash payments to the uninsured ex-spouse in lieu of providing health insurance coverage indefinitely. Alternatively, the insured spouse may be compelled to set up and pay for a health insurance plan that covers the uninsured ex-spouse in perpetuity. If the uninsured ex-spouse remains the custodial parent after the divorce's finalization, this plan will almost certainly cover his or her children as well. In other words, California law makes it likely that you'll be able to retain health insurance coverage after your divorce. However, the process of establishing and paying for such coverage can be extremely tricky. For this reason, many Californian divorce lawyers advise their clients to initiate legal separation proceedings at least one year before beginning divorce proceedings. Once a legal separation order has been handed down, it's far easier for two partners to work out the continuation of health insurance benefits on equal footing. Once the separation is official, you'll need to determine whether you'll be eligible for federal COBRA coverage. COBRA permits certain qualifying ex-spouses to remain covered by their former partners' health insurance plans for up to 18 months from the date of their divorce. However, COBRA benefits are subject to numerous limitations. They may also be far more expensive than the benefits that they replace. If you're not sure whether opting for COBRA coverage is a good idea, you should talk to your divorce lawyer. It's possible that he or she may be able to work out a deal that requires your ex-spouse to pay for a portion of your COBRA benefits. "
"What Is My Tax Liability on a $250,000 Life Insurance Policy?","The U.S. Income Tax Code is complex and confusing. In most cases, the income that you earn is taxed according to your total annual earnings. In theory, the country’s tax laws are set up to favor workers with relatively low incomes over workers with relatively high incomes. Depending upon your annual earnings, your income will be taxed at one of several “marginal rates” each year. These rates can be changed by Congress and fluctuate on an occasional basis. Current tax rates for the top category of wage-earners are about 40 percent of total taxable income. For earners in the bottom bracket, this figure is about 10 percent. Certain types of “unearned income” are not considered taxable. When you receive unearned income, you must claim it as part of your gross income on your tax return. However, it won’t factor into the final calculation of your taxable income. In effect, the total amount of your unearned income will function as a deduction that may be applied to your gross income. Like a regular tax deduction, it will shrink the portion of your income that the federal government considers to be taxable. “Unearned income” may include unemployment benefits and court settlements. In most cases, life insurance proceeds also fall into this category of income. You generally don’t need to claim the income that you receive from a life insurance policy on which you’re named as a beneficiary. There is a notable exception to this general rule. A portion of the benefits that you receive through an employer-sponsored life insurance plan may be taxable under federal law. If you receive benefits from an employer-sponsored policy, you’ll be able to claim at least $50,000 of these as unearned income. Beyond that amount, you’ll have to pay taxes on any benefits that you receive. For instance, you’ll need to pay taxes on 87.5 percent of the proceeds that you receive from an employer-sponsored plan that carries a death benefit of $500,000. Before you assume that your life insurance benefits are not taxable, consult with your tax attorney or a tax preparation specialist. You should also check with your state’s revenue service. In certain areas of the country, there may be state-level exceptions to the “unearned income” rule that governs life insurance proceeds. For instance, your earnings may be subject to your state’s estate or inheritance taxes. The rates on these types of taxes can be quite high. If you’re like most life insurance policyholders, you’re committed to ensuring that your family remains comfortable and solvent after your death. Whether your life insurance policy is structured as a temporary “term” plan or a permanent “whole” plan, chances are good that you’ve purchased enough coverage to support your family for many years to come. Unfortunately, your premium payments might be acting as a drag on your short-term budget. Depending upon the size of your policy, your life insurance payments could add up to several hundred dollars per month. In order to reduce this burden, you might be thinking about claiming these payments as a tax deduction or business write-off. According to the IRS, private taxpayers and business owners are not permitted to claim their life insurance premiums as a tax deduction. This is due to the fact that life insurance benefits generally aren’t subject to regular taxation. Since the vast majority of life insurance beneficiaries aren’t required to pay taxes on the benefits that they receive, it would be redundant for the IRS to provide policyholders with a tax break. In effect, life insurance policies function like Roth IRA plans: Whereas their premium contributions can’t be subtracted from the policyholder’s taxable income, their benefits accrue on a tax-free basis. There are certain situations in which life insurance benefits may be taxable. For instance, a business that purchases an individual’s life insurance policy for investment purposes might be required to pay taxes on its eventual proceeds. In this special circumstance, the business’s principal might be able to claim the policy’s ongoing premiums as a business expense. If the policy results in a payout, its proceeds would remain taxable at regular capital gains rates. If the policy expires without issuing a payout, the principal might be required to pay back the entire taxable value of the deducted premiums. This is a rare, complicated tax situation. If you find yourself grappling with such a scenario, you should talk to a licensed tax professional to determine your exact tax liability. For private taxpayers, the benefits that accrue on unusually large employer-sponsored group term life insurance plans may also be taxable. If you hold such a policy, you may have to pay taxes on some of the contributions that you make on it. Likewise, the policy’s beneficiary will have to pay taxes on any death benefits that exceed the IRS’s $50,000 payout limit. If your policy pays out a benefit of $150,000, your beneficiary will have a tax liability of $100,000. "
Can You Get Braces Free If You Have Health Insurance?,"Depending upon the type and quality of your plan, your health insurance policy may cover part or all of the cost of certain medically-necessary procedures and devices. For instance, you might be able to avoid paying $50,000 or more for cardiovascular surgery, tumor removal, gastric bypass surgery, hernia repairs and other invasive medical procedures. Instead, you might only be required to pay the value of your policy's deductible and certain non-core expenses related to the primary procedure. If you're unsure about the specific provisions of your health insurance policy, you should take the time to read through it or contact your provider directly. A customer service representative should be able to walk you through the ins and outs of your plan. Although your health insurance policy is liable to cover the costs associated with many ""medically necessary"" procedures, it may not offer solid coverage for non-essential procedures. If you wish to undergo a cosmetic surgical procedure like liposuction, hair implantation or breast enhancement, you'll have to pay most or all of the associated costs out of your own pocket. Before agreeing to honor claims, most health insurance companies require their policyholders to provide clear evidence that the desired procedure is absolutely essential. A qualified medical doctor or specialist must certify that this is the case. Unfortunately, most orthodontic procedures are deemed to be cosmetic in nature. If you want to get braces or straighteners and can't prove their necessity, there's a good chance that your health insurance provider will refuse to cover the associated costs. Since such implants typically cost between $3,000 and $10,000, this might put you in a tight financial spot. If you don't want to pay for the full cost of your braces or straighteners out of your own pocket, you may have a couple of options at your disposal. For starters, you could visit multiple orthodontists or medical doctors in an attempt to prove that your desired orthodontic procedure is medically necessary. Depending upon the condition of your mouth and facial bones, this might be a tall order. Alternatively, you could add comprehensive dental coverage to your health insurance plan. While this will raise the overall cost of your policy in the short term, it might save you a significant amount of money in the long run. Most dental insurance plans pay for 30 to 70 percent of the cost of orthodontic work. This could reduce your out-of-pocket costs by $3,000 or more. "
Why Is Geico Auto Insurance So Cheap?,"Geico Insurance operates in a ""gray zone"" between full-service auto insurance providers like State Farm and cut-rate providers like The General. The company touts its reputation for providing low-cost auto insurance policies that offer solid coverages. More importantly, it emphasizes that it has the ability to handle complex claims and provide favorable outcomes during disputes over the assignation of faults and payouts. In other words, Geico's advertising campaign is predicated on its ability to offer its policyholders a happy medium between service and value. Upon closer inspection, this arrangement appears to be flawed. While it's true that Geico is often the cheapest national provider, its policies' actual premiums may hinge on a wide range of factors. It's important to remember that there's a distinct difference between quoted auto insurance premiums and ongoing or post-renewal auto insurance premiums. In many cases, insurance companies attract new customers by offering shockingly low rates for the first year of coverage. Once these new policies come up for renewal, they're often reissued at far higher rates. If you've experienced such an unexplained premium increase as a Geico customer, you may have been caught off-guard. In most cases, Geico's pricing department can point to specific causes for such increases. These might include minor accidents, speeding tickets, or ""new information"" that wasn't caught on a pre-approval background check. While this can be frustrating, the company reserves the right to raise its premiums at any time. Since the auto insurance industry is wildly competitive, its policyholders are free to find other sources of coverage. However, most national auto insurance providers follow Geico's basic template. It's not uncommon for providers to raise their policyholders' rates by 30 to 60 percent at the first indication of risky behavior. Even if you choose to leave Geico after a bad pricing experience, you're liable to run into the same problem with your next provider. This is simply the way in which the American auto insurance industry operates. In fact, you might be better off in Geico's fold. Geico tends to offer many discounts that full-service providers have eschewed. For instance, the company's ""safe driver"" discount is nearly as robust as State Farm's much-touted bonus. Even better, its ""good student"" discount is deeper and longer-lasting than most other such discounts. What's more, the company enjoys high customer-satisfaction metrics and operates a well-staffed claims department that's recognized for providing attentive service. By contrast, many discount providers are reticent to pay out on their policyholders' claims. "
"If Someone Is Driving Your Car and Gets a Ticket, Does It Affect Your Insurance Rates?","What’s the harm in helping out a friend, right? When a family member or friend asks you to borrow $5, a book, or a shirt, you probably toss it at them without blinking an eye. But when they ask some variation of: “My car’s in the shop, can I take yours?” or “Can I borrow your truck to pick up that new piece of furniture?” you may not feel so willing. First off, it’s expensive and can be a hassle to be without your vehicle, but one of the most important aspects that many of us don’t consider is insurance. If you take a look back at your car insurance policy, it likely states that you are not to lend out your vehicle to anyone unless they are listed on the policy as a secondary driver. So, if someone is driving your car and gets a ticket, does it affect your insurance rates? Below, we’ll outline what typically happens to your insurance rates in the event of a speeding or parking ticket, as well as a car accident when you are not the one driving your vehicle. While checking with your insurance provider is the best way to find out when it’s okay to allow someone to borrow your car, there are some general rules to follow when it comes to the permissive use of a vehicle. It is typically okay to lend your car out to the same person occasionally, meaning no more than once a month. If you find yourself allowing your child to drive your vehicle to school each day, or your roommate to drive your car to work frequently, it’s a good idea to simply get them added to your policy. However, if a friend or family member is in fact listed on your policy, they typically are allowed to drive your car whenever you allow them to. And of course, if you lend your vehicle to someone, be sure you trust them and they have their own car insurance and a valid driver’s license in case they are pulled over or are in an accident, which we will discuss more in detail.   Before you let anyone drive your vehicle, you should take a moment to review your state’s insurance regulations. If the temporary driver receives a moving violation (typically, a speeding ticket) while driving your vehicle, it’s unlikely that your insurance costs will be affected. Each state motor vehicle bureau keeps a comprehensive database of every driver to whom it issues a license. When a given driver receives a traffic citation, this information is transferred to his or her driving record. In turn, these records are accessed using the information on his or her driver’s license. In other words, there’s no direct connection between: If your vehicle’s temporary driver receives a moving violation, it will add “points” to his or her license. It may also cause the premiums on his or her own insurance policy to rise. However, it won’t materially affect your insurance rates. On the other hand, if the person driving your vehicle receives a parking ticket, it may be a different story. When a parking ticket is recorded, the license plate number is taken down, but the person who parked the car is not part of the equation until they walk out and realize that they have received a ticket. Since the officer who handed out the citation does not know who was driving the vehicle, it is ultimately your responsibility to pay for the ticket. However, there is a way to work around this. If the person that received the parking ticket is willing, you two can sign something called a statutory declaration. This is basically a legal document stating you were not responsible for the ticket, but the person who borrowed the vehicle is. If you have questions about how to proceed with a statutory declaration, contact your insurance provider. Now that you know what happens in the event of a speeding or parking ticket, you may be wondering about car accidents. Depending on your insurance policy, you may be held liable for an accident caused by your vehicle’s temporary driver. When you sign up for an auto insurance policy, you’ll need to provide a list of any additional drivers who might use your vehicle on a regular or occasional basis. If you permit a non-approved driver to use your vehicle, your insurance company may refuse to honor your accident claim. For more information about auto insurance, here’s a look at what happens to your insurance after you get a speeding ticket. "
How Long Do You Have to Use Capital Gains from a Property Sale to Invest in Another Property Before Paying Tax?,"Although you may not realize it, your home is one of the largest investments that you’ll ever own. Whether it’s worth $100,000 or $500,000, its value exceeds that of all but the most expensive cars. Even if you have an investment portfolio with a value larger than that of your home, it’s probably comprised of dozens of individual tranches of stocks and bonds rather than one or two monolithic holdings. As an investment vehicle, your home is subject to the same taxes as your other investments. The proceeds that you’ll realize from selling your home are technically “capital gains.” Although the tax code changes frequently, you should assume that any capital gains that you earn upon finalizing the sale of your home are taxable according to a simple scale. “Long-term” capital gains are defined as gains realized on an investment held for more than one year. These are currently taxed at a 15 percent marginal rate. “Short-term” capital gains are defined as gains realized after a holding period of less than one year. These are currently taxed at the same rate as regular forms of income. In the coming years, it’s likely that tax rates on long-term capital gains will increase markedly. However, you might not be subject to any capital gains taxes on the sale of your home. According to the Taxpayer Relief Act of 1997, you’re exempt from paying taxes on real estate capital gains of $250,000 or less. If you file your taxes jointly with your spouse, you may be exempt from paying taxes on up to $500,000 of such capital gains income. It’s important to note that the laws governing taxes on home sales change regularly. In fact, a new law that became effective at the outset of the 2013 tax year may subject certain home-sellers to a Medicare surcharge meant to offset the cost of the Affordable Care Act. If you sold your home after January 1, 2013 and earned more than $250,000 on the sale, you’ll probably be subject to a surcharge of 3.8 percent on any capital gains that you earned in excess of the standard $250,000 exemption. You’ll need to check with your tax professional to determine how best to pay this surcharge. If you earned less than $50,000 in other income during the tax year in which you sold your home, you may not need to pay the full amount of this new Medicare tax. If you’re looking to invest in real estate, the market may support your ambitions. After years of free-falling home and land prices, the American housing market appears to be bottoming. As ambitious investors continue to mop up the nation’s foreclosure overhang, the number of distressed properties appears to be shrinking at a slow but steady clip. A reduced foreclosure glut will eventually provide strong price support and may contribute to a resurgence in the value of residential property. Although the commercial property market still looks weak, it may soon follow the harder-hit residential market into recovery. Investing in land or physical homes may be a great way to take advantage of this accelerating secular trend. Then again, real estate investments aren’t risk-free. Before you dive into the treacherous waters of real estate investing, you’ll want to understand the tax implications of your endeavor. Unlike your primary and second residences, your surplus investment properties may be subject to certain federal and state tax levies. Chief among these additional levies will be capital gains taxes. When you sell your primary residence, you’re not required to pay capital gains taxes on the profit that you realize on the property. This long-standing rule is designed to encourage home ownership and facilitate the selling process. The gains that you realize on the sale of your “second” or vacation home are typically exempt from capital gains taxes as well. Under the current tax laws, any additional homes that you own are treated as investments. Even if you live in your third or fourth home for several months out of the year, it will still be subject to the laws that govern investments in stocks, bonds, commodities and other traditional vehicles. As such, you’ll need to pay capital gains taxes on its sale. If you sell your property for a loss, you may be able to deduct a certain amount of the loss from your top-line income figure. This deduction is typically capped at $3,000 per year. If your loss is larger than this amount, you may be able to “carry over” the deduction into future tax years. For instance, you might be able to claim a $9,000 capital loss on three consecutive tax returns. Finally, it’s important to note that you can deduct the value of any improvements that you make to the home from your profit figure. Depending upon the cost of these improvements, this could substantially reduce the amount of capital gains tax that you must pay on the sale of your investment property. "
How Far Back in Your Driving Record Do Insurance Companies Look to Determine Your Car Insurance Rate?,"Whether you’ve had the same insurance company for years or find yourself in the process of switching providers, you’re probably curious about the insurance industry’s pricing protocols. After all, the methodologies that insurance companies employ to calculate the appropriate cost of the policies that they issue can have real-world impacts. Unfortunately, it’s difficult to determine the exact means by which the cost of a given auto insurance policy is calculated. To avoid tipping off their competitors about pricing strategies or actuarial equations, most providers don’t openly discuss this information. If you call your carrier’s customer service department and start asking pricing-related questions, you’re liable to be given misleading, inaccurate or unhelpful answers. At best, you’ll be offered a “pricing reevaluation” that may not lower your rates to a significant degree. However, one aspect of auto insurance pricing is common knowledge: driving history. In fact, this factor is crucial in determining the annual cost of your policy. Aside from your demographic profile, no single factor is more important to this calculation. If you wish to get a good idea of how much you might be charged by a prospective insurance carrier, you should take a moment to review your recent driving history. Before providing you with a coverage quote, most insurance companies will take the last five years of your driving record into account. They’ll consider traffic citations, vehicular crimes and accident reports. In most cases, you’ll be “penalized” for accidents for which you were deemed to be at fault. You’ll also take a hit for speeding tickets, reckless-driving convictions and other moving violations. Serious vehicular crimes like impaired driving and vehicular manslaughter may raise the cost of your policy by 100 percent or more. Although most insurance companies follow a standard five-year “look-back” period, some providers may adhere to different policies. This is typically the result of variations in local insurance statutes. For instance, Massachusetts allows a “look-back” period of up to 10 years. On the other hand, several states are more lenient. For instance, Washington State and Virginia both require insurance companies to disregard driver-history data that’s older than 36 months. This rewards drivers who quickly change their driving habits for the better. It’s important to note that driver-history statutes are notoriously volatile and subject to change. In addition, they may soon become irrelevant. The increasing prevalence of maneuver-recording devices like Progressive’s SnapShot may enable insurance companies to establish “permanent” files on their policyholders. "
"If My Water Heater Leaked, Will My Homeowner’s Insurance Cover the Cost of the Damages?","As a homeowner, you’ve probably dealt with your homeowner’s insurance provider on several occasions. Even if you’ve never filed a claim, it’s likely that you’ve interacted with its customer service department or looked to a member of its management team for clarification on a pricing issue. Since many homeowner’s insurance companies raise their rates without warning, it’s possible that these interactions haven’t been particularly pleasant. Many providers’ customer service departments are notorious for providing misleading or unsatisfactory answers to billing-related questions. If your water heater leaks or ruptures and causes a serious spill in your house, you have every right to notify your homeowner’s insurance company. In fact, most home improvement experts advise homeowners to file water-related insurance claims before talking to a cleanup specialist or plumber. Depending upon the policies of your homeowner’s insurance provider, your failure to report such an incident before cleaning up the resultant mess could actually jeopardize your claim. To ensure that you aren’t forced to pay for your home’s repair costs out of your own pocket, call your provider’s claims hotline immediately after discovering the problem. Once you’ve notified your provider of the issue and filed a preliminary claim, you’ll need to find a reasonably-priced cleanup specialist. In a high-pressure situation, it may be difficult to compare quotes in a rational manner. After all, the leak could be getting worse with each passing minute. Unfortunately, you’ll need to resist the urge to: When the cleanup team finally arrives at your home, it’s important that they see the full extent of the problem. It’s also important that you select an affordable, well-reviewed cleanup specialist. If you’re unable to do so, you might quickly come into conflict with your homeowner’s insurance company. After you file your claim and take care of the initial spill, a claims adjuster will visit your home and assess the damage. Based on this assessment, he or she will issue an estimate of the total value of the damage to your home. If you feel that this estimate is too low, you may need to get a second opinion from a qualified appraiser and retain a lawyer to help pursue your case. In the meantime, you’ll need to submit the cleanup team’s bill to your carrier’s claims department. Based on your claims adjuster’s appraisal, your carrier will determine whether this bill is too costly. If it is, this portion of your claim may be denied outright. "
Is There Health Insurance for Military Spouses Through the VA?,"If you're the spouse of an active-duty member of the military, chances are good that you're curious about your healthcare options. After all, many private employers are reducing the scope of their group health insurance plans or doing away with them entirely. According to some studies, the number of employers that offer group health insurance benefits will drop by more than 50 percent during the coming decade. Unfortunately, this means that millions of American families will be forced to find coverage from other sources. Such coverage is liable to be expensive: Since 2000, health insurance costs have risen by at least 5 percent per year. It's likely that the single-coverage and private group health insurance plans that populate the open health insurance market will continue to become more expensive with each passing year. It's also likely that many of these plans will become less robust and levy higher out-of-pocket charges on their policyholders. Fortunately, millions of active-duty members of the Armed Forces don't have to worry about this problem. Through a comprehensive health insurance program known as TRICare, military members and their spouses enjoy solid healthcare coverage with minimal out-of-pocket costs. In most cases, active-duty military members' dependent children can receive coverage under TRICare as well. Once a service member leaves active duty, he or she is still entitled to healthcare under the auspices of the Office of Veterans' Affairs. Known as the ""VA,"" this agency is responsible for administering the hospitals and clinics that have been built specifically for the needs of military veterans. At any given time, hundreds of thousands of former members of the military receive treatment at VA facilities. Additionally, thousands of wounded active-duty service members receive care through the VA system. Due to recent budget cuts and logistical constraints, the benefits that the VA provides have been circumscribed. In the past, most veterans received gold-plated healthcare coverage that required no out-of-pocket commitments. These days, veterans must meet certain key thresholds to be eligible for such care. Although the rules are subject to change, veterans who have not served in active combat zones often aren't able to receive ""free"" care through the VA. While the spouses of former members of the military are entitled to receive health insurance coverage through the VA system, these plans confer few special privileges. If you enroll in one of these plans as a military spouse, you'll need to shoulder market-rate premiums, co-pays and coinsurance costs. "
"If My Spouse Filed Our Taxes Jointly Without My Knowledge, What Can I Do?","Like many aspects of a long marriage, tax issues can cause serious disagreements. In some cases, they can even lead to divorce. If you believe that the tax-related problems that you’re having with your spouse are part of the deeper-seated issue that may ultimately threaten your marriage, you may wish to speak with a marriage counselor or therapist. While it’s important that you recover any refund to which you’re entitled, it’s equally important that you assess the condition of your marriage. By leaving such problems untreated, you may be inviting an even bigger dust-up in the near future. Generally speaking, an individual may not file a joint tax return without the consent of his or her marital partner. Although this problem occurs relatively infrequently, it technically constitutes a crime. Since filing joint taxes entitles a couple to a larger tax return, the IRS will automatically deem your non-consensual joint tax return to be fraudulent. If your spouse intentionally filed such a return, he or she may be subject to substantial financial penalties. Depending upon the circumstances of the situation, he or she could even face jail time. Happily-married couples rarely file non-consensual joint tax returns. As such, this situation usually arises in the course of a messy divorce. If this is the case, you may be able to seek recourse through the family court that’s handling your divorce. After all, your spouse will have to commit at least two crimes in order to obtain the joint refund to which you’re both entitled.  He or she will need to file a fraudulent joint tax return He or she will need to forge your signature on the refund check in order to cash or deposit it Since it will be easy to prove to your family court’s judgment that these crimes were committed, you’ll probably be able to recover your portion of the refund without much trouble. Your spouse’s actions might also affect his or her material standing in the divorce case. Although it would be mean-spirited to do so, you’d have every right to report your spouse’s actions to the IRS. You can do this by calling the IRS and directly reporting the fraudulent return. However, there’s no guarantee that the agency will take action on your complaint. Alternatively, you can file your own separate tax return and force the IRS to audit your finances. Once an agent has reviewed your tax documents, it will be obvious that your spouse committed fraud. "
How Much Does Driver’s Ed Lower Insurance?,"If you're like most American drivers, you're desperate to find a way to lower your car insurance costs. Although the problem of auto insurance inflation isn't as serious as the issue of health insurance inflation, it's a real concern that many drivers would like to see addressed in the near future. With many drivers seeing premium spikes of 50 percent or more after receiving just one or two tickets over the course of a five-year period, it's clear that something sustainable needs to be done. Of course, it's highly unlikely that such action will take place in the near future. In the meantime, drivers must resort to reducing their insurance costs with gimmicky discounts and safe driving practices. These days, most auto insurance companies offer a dizzying array of credits for a wide range of activities and achievements. For instance, family-focused auto insurance companies may offer discounts to married couples or stellar students. Value-oriented providers might focus on drivers who consistently avoid accidents and traffic citations. Still other providers might offer to slash premiums for drivers who consent to carry maneuver-monitoring devices in their vehicles' cabins. There are plenty of lesser-known insurance discounts as well. In fact, one of the industry's best-kept secrets is the so-called ""driver's ed discount."" While this discount isn't standardized across all providers and jurisdictions, it could end up saving you a substantial amount on your monthly premiums. Before you assume that you'll be able to claim this discount, you should make sure that your provider offers it. You may also need to check with your state's motor vehicle bureau to find a qualifying driver's education program. The exact value of your driver's education discount will depend upon the policies of your insurance carrier. As a rule, low-cost insurance providers issue driver's education discounts on the order of 5 to 10 percent. By contrast, full-service providers may offer credits of up to 20 percent for qualifying driver's education programs. It's also important to note that the timing of your driver's education course is crucial. In general, insurance companies offer deeper driver's education discounts to younger drivers who haven't had the time to form bad habits behind the wheel. If you've been driving for a long time, your discount may be negligible. If this is the case, you should ask your provider about its ""defensive driving"" discount. These days, many insurance companies reward adult drivers who enroll in approved defensive driving classes. "
What Happens When You Can’t Pay a Rent-to-Own Place?,"Rent-to-own businesses benefit millions of Americans who struggle with poor credit or limited income streams. In general, the industry prides itself on helping folks make steady payments on items that they otherwise wouldn't be able to afford. Used judiciously, this system can substantially raise the actual and perceived living standards of its participants and foster a healthy culture of ownership. Of course, the industry has a number of downsides as well. For starters, many rent-to-own businesses deal with sub-prime borrowers on a regular basis. The industry's best practices demand that rent-to-own business owners ask these borrowers to pay relatively high rates of interest on the products that they rent. It follows that this can substantially increase the typical rent-to-own product's cost of ownership and negatively impact the finances of habitual customers. Over time, this arrangement can have lasting effects on these customers' credit histories and debt-to-income ratios. Combined with other factors like working-hour cuts and job losses, it may push teetering rent-to-own customers into default. If you've become unable to pay your rent-to-own creditor, you have several options at your disposal. First, it's important to note that you're not necessarily at risk for legal action. While withholding payment from a rent-to-own business without returning the pertinent items technically constitutes theft, most businesses adopt a hands-off approach to filing criminal charges against delinquent borrowers. Unless you move the items to an undisclosed location or fail to communicate the circumstances of your delinquency to your creditor, you won't face criminal charges for your failure to pay. In fact, most rent-to-own delinquencies are resolved through repossession. As long as you keep the pertinent items in your home, your creditor is likely to repossess them at some point after the start of your delinquency period. The exact length of time that elapses between the expiration of your grace period and the initiation of the repossession process may depend upon the policies of your specific creditor and the circumstances of your delinquency. If your delinquency occurs near the start of your rent-to-own period, your items are likely to be repossessed within three weeks of your last payment. If your delinquency occurs just before your final payoff, you might have much more room to negotiate with your creditor. In the past, delinquent rent-to-own customers with a history of making timely payments on their loans have generally worked out refinancing plans with their creditors. If you're able to do this, you may be able to keep your rented items. "
Is It Required to Give Your Social Security Number to a Car Insurance Company?,"Whether you're in the market for a new car insurance provider or want to negotiate lower rates with your current carrier, you're probably getting frustrated by the back-and-forth nature of the process. If you're looking for new insurance, you must submit the same pieces of information to multiple car insurance companies and wait for them to provide you with a rate quote. If you're in the process of negotiating new rates on your current policy, you've probably spent a significant amount of time on the phone with your provider's customer-care department. In either case, you're liable to be exhausted. To make matters worse, you've probably revealed a great deal of personal information to the companies with which you've been dealing. In addition to your accident history and certain key pieces of demographic information, you've almost certainly provided each of these parties with your Social Security number. Unfortunately, this is a necessary part of the process of procuring car insurance. You might be surprised to learn that there's no law against withholding your Social Security number from businesses that request it. In fact, Social Security numbers are used as de facto identification numbers simply because they have national significance. It's relatively difficult and time-consuming for your insurance company to scan 50 different state databases to find your driver's license number. By contrast, there's only one national database for Social Security numbers. If you refuse to provide your auto insurance company with your Social Security number, you may be asked to give certain other forms of information in its stead. This is because your Social Security number is used to initiate a check of your credit history and criminal record. Although these reports can also be initiated using your address history and driver's license information, these less-reliable bits of data can promote processing delays and errors. It's important to note that your refusal to provide your Social Security number could have unforeseen consequences. For starters, your insurance company may interpret your reticence as proof that you wish to hide an incriminating activity or event that took place in the past. It might also mean that you wish to hide a previous identity or alias. In either case, this might cause your rates to increase by a substantial margin. What's more, your insurance company might report your refusal to one of the national credit bureaus. In turn, this might have a direct impact on your credit score. "
"If Someone Gets Hurt on My Property in New York, Can They Sue My Homeowner’s Insurance?","Homeowner's insurance covers many different problems that can arise on your property or in your home. In fact, the flexibility of this type of insurance is one of its major selling points. Most homeowner's insurance policies cover the costs associated with events that can be deemed to have occurred ""suddenly"" or ""accidentally."" In practice, these include weather events, random occurrences like out-of-control cars crashing through windows, and injuries sustained by guests on your property. Depending upon the type of policy that you carry, your homeowner's insurance company is liable to protect itself from expensive or dubious claims in several different ways. These might include loopholes that define certain activities as ""negligent"" as well as coverage exclusions that apply to specific events. For instance, few homeowner's insurance policies will pay out on claims related to water damage in the interior of a home. If your home is inundated with standing water due to a flood or water main break, your homeowner's insurance policy may refuse to cover your expenses. You'll need a flood insurance policy to cover such costs. Most homeowner's insurance policies contain provisions that may insulate you from liability in the event that a guest or intruder sustains an injury on your property. After all, slip-and-fall litigation is a lucrative sub-field within the broader domain of personal injury law. In the past, homeowners have been sued for five-figure sums by guests who sustained injuries in or around their homes. In the unfortunate event that a guest or worker is killed on your property, you could be held liable for hundreds of thousands of dollars in incident-related expenses, future-earnings losses and punitive damages. In either case, you could also face criminal charges. Fortunately, your homeowner's insurance policy may cover the costs associated with such a lawsuit. However, your provider won't be happy about taking on this burden. In fact, the claims adjuster who reviews your case is liable to ask you some tough questions about the incident. Your provider may even retain a legal team of its own to sort through the facts of the case. Depending upon the laws in your state, the case's plaintiff may choose to sue your provider directly. If this is the case, you could be dropped from coverage in the event of an unfavorable outcome. This outcome may hinge on the steps that you took to secure your property. If there is any indication that your guest's injury was caused by negligence, you may be held liable for it. "
Does Homeowner’s Insurance Cover the Cost of Car Damages That Occur in an Attached Garage?,"When you purchased your homeowner's insurance policy, you probably didn't think about how it would affect your auto insurance coverage. In fact, homeowner's insurance and auto insurance occasionally intersect in certain specific circumstances. If you store your car in an attached garage, it's possible that you'll develop firsthand experience with this unusual intersection. Although your garage is a relatively safe place, it can sustain structural or cosmetic damage in numerous ways. Likewise, the contents of your garage are at risk for a wide range of unpleasant events. For instance, the presence of volatile solvents, gasoline and car batteries could create a significant fire hazard. If your garage catches on fire or sustains damage from a falling tree limb, it's likely that one of your insurance policies will cover the associated costs. The quality of this coverage and the manner in which it must be disbursed will depend upon the circumstances surrounding the incident as well as the specific provisions of your policies. If you have ""comprehensive"" insurance as part of your auto insurance policy, it will cover the costs of any damage that your car sustains in your attached garage. If you don't have this ""comprehensive"" coverage, it's unlikely that your auto insurer will agree to make any payments. Instead, your homeowner's insurance policy may step up to cover some of the associated costs. It's important to note that your homeowner's provider may prove reticent to cover the full cost of your car's damages. If your vehicle is totaled, it may offer a partial settlement that doesn't accurately reflect the vehicle's full value. After a particularly costly incident, you may need to take aggressive measures to ensure that you're fairly compensated. You might even need to hire a lawyer. However, most homeowner's insurance policies do explicitly cover the ""contents"" of the homes to which they're attached. In the past, this language has been interpreted to include the contents of a home's attached garage. Despite the fact that your car is covered by its own insurance policy, it counts as a home-bound item when garaged. Although the claims adjuster who reviews your case may try to tell you that your homeowner's insurance policy doesn't cover vehicle-related claims, you'll be able to refute this assertion by pointing to your policy's fine print. Again, you may need to retain a lawyer to back up your case. You'll also need to prove that the damage to your garage was accidental and non-negligent. "
"If My Student Loan Is in Default, Is There Any Way That I Can Get My Tax Refund This Year?","Every year, the credit scores of thousands of college graduates suffer at the hands of their defaulted student loans. Despite relatively low interest rates and numerous payment-protection safeguards, a significant proportion of each year's graduating class struggles with serious debt-related problems. The student loan crisis is even worse for non-graduating students. Those who drop out of college before completing a course of study tend to default on their obligations at far higher rates than the general student population. This problem has the potential to put a damper on economic growth and may ultimately hurt many student lenders' bottom lines. To make matters worse for struggling college dropouts and graduates, the process of recovering from a student loan default is not easy. Unlike other ""unsecured"" loans like credit cards and medical bills, student loans can't be discharged during the course of a standard bankruptcy reorganization process. Unfortunately, student loans are subject to strict repayment and refinancing terms. If you've defaulted on one of these loans and want to get your finances back on track, you'll have to adhere to these rules. You'll also have to perform a number of tasks to the satisfaction of your lender. If you are unable or unwilling to do this, you could lose up to 25 percent of your wages and the full value of your tax refund to garnishment. With the blessing of a judge, your lender can continue to garnish your wages and tax refunds until your debts have been satisfied. Depending upon the size of your defaulted loan, this could take years. In order to prevent the seizure of your wages and tax returns, you'll need to contact your lender and draw up a repayment plan. Under normal circumstances, this plan will require you to make several on-time loan payments. If you've recently lost your job or taken on new financial responsibilities, this could be difficult. However, it represents your only realistic chance of avoiding garnishment. Although you can file for bankruptcy and declare yourself subject to an unavoidable ""economic hardship,"" this is difficult to do. Student loan debtors who file ""hardship"" claims must meet a strict burden of proof. Otherwise, they must adhere to the terms of their repayment plans. Once you've successfully made several payments on your defaulted loan, you'll be restored to ""good standing"" with your lender. This will lift the threat of garnishment for the time being. However, you'll need to continue to make on-time payments for the remainder of your loan's term. "
Does My Auto Insurance Cover Me in a Rental Car?,"Whether you're taking a vacation or using a loaner vehicle from your regular car's repair shop, you'll need to procure some form of car insurance for your rental car. Unfortunately, your auto insurance provider may not provide much direction on this matter. In general, American auto insurers provide surprisingly little rental-related guidance to their policyholders. For folks who regularly use rental cars, this can be downright frustrating. Before you go on a trip or agree to accept a rental car from an auto-repair shop, be sure to talk to your insurance company about your coverage options. If you regularly travel on business, it's likely that your employer will pick up the tab for your rental car. If this is the case, you'll need to procure vehicle insurance through your rental car company. Unless the company for which you work is particularly generous with its business travelers, it probably won't pay to insure your rental vehicle. Unfortunately, few personal auto insurance policies provide coverage for vehicles that their policyholders don't rent on their own. As such, the fact that your employer is paying for your rental car may make it difficult for you to obtain full coverage on it. While you'll still be protected against injury-related lawsuits and property damage claims through your rental car company's own insurer, you'll be held personally liable for any damage that you cause to the vehicle. This loophole has caught many business travelers by surprise. In order to circumvent it, you'll need to purchase supplemental vehicle insurance from your rental car company. This could add a significant premium to the total cost of your rental. If you're traveling for pleasure or renting a car in another capacity, this consideration will be irrelevant. However, you may still need to purchase supplemental insurance from your rental car company. Although there's no hard-and-fast way to determine whether your auto insurance policy covers you in the event of a rental-car accident, you should still read your policy closely. It may explicitly state that it covers rented or ""non-owned"" cars. If this is the case, you should feel free to file an insurance claim for your rental car. On the other hand, your policy might not say anything about ""non-owned"" vehicles. If this is the case, you should assume that your rented vehicles aren't covered by your policy. If you get into an accident while driving a rental car, you may need to pay for its repair costs out of your own pocket. "
Where Can I Get a Student Loan with Bad Credit?,"The process of procuring a student loan can be time-consuming and complicated. Before you can apply for one of these loans, you’ll need to fill out the Federal Application for Student Aid. Known as “FAFSA,” this document will help your educational institution determine the exact amount of financial aid for which you’re eligible. The means by which you’ll procure this aid will depend upon your school’s policies. In most cases, you’ll receive certain awards or tuition reductions directly from your school. After these have been applied to your account, you’ll be responsible for covering your outstanding tuition costs. Most students use a number of different sources of funding to accomplish this imperative. These include federal Stafford loans, Parent PLUS loans and private student loans. Each type of loan comes with its own unique conditions. These may include strict credit-score thresholds and parental income requirements. If you have poor credit, you won’t be unable to find affordable funding for your educational endeavors. However, you may find that you’re unable to take advantage of certain options that might be available to students with excellent credit. Your eligibility for a given type of loan will be considered on a case-by-case basis. For starters, your credit score will have little bearing on your ability to procure a Stafford loan. Since the Stafford program was specifically created to increase students’ borrowing power, participating lenders are barred from using credit during the loan-application process. In fact, such a consideration would be superfluous. Since the federal government effectively acts as the cosigner of every Stafford borrower, these loans come with no danger of default. As such, they carry extremely low interest rates that never fluctuate in response to credit-score changes. Of course, becoming delinquent on a Stafford loan may hurt your personal credit score. On the other hand, borrowers’ credit scores can affect the availability and cost of Parent PLUS loans and “unsecured” private student loans. What’s more, the cost of these types of loans can vary even in the absence of credit-score fluctuations. If you’re planning on using either of these types of loans, you’ll need to spend some time looking for attractive interest rates. In order to reduce the total cost of your Parent PLUS and private loans, you may wish to find a cosigner. Your parents can cosign for any private loan that you obtain. Since they’ll be the primary borrowers on your Parent PLUS loans, they may also need to find a third-party cosigner like a well-heeled relative. "
"When You Apply for Food Stamps, Do You Need to Account for Expenses Like Life Insurance and Phone Bills?","Welfare benefits like food stamps, housing assistance and supplemental income are generally calculated on the basis of income. In other words, your benefits application will need to include a detailed accounting of your monthly wages or salary. It will also need to demonstrate that you have limited ""resources"" like cash savings, investments and property. In most cases, a life insurance policy doesn't count as an ""asset."" Likewise, the value of the car that you own probably won't be applied towards your resource limit. However, the value of your home may be counted as a separate resource. In most cases, applicants for food stamps can't have access to more than $1,000 in cash savings. Although asset-value limits for real estate holdings vary from state to state, applicants who own valuable homes probably won't qualify for these benefits. Since state welfare agencies conduct thorough means tests and subject applicants to a barrage of finance-related questions, it's unwise to attempt to misrepresent your assets, savings or income on your application. The penalties for doing so can be harsh and may include hefty fines. If you meet your state's limited-resource requirements, your ultimate eligibility for food stamps will probably be assessed on the basis of your income. In other words, your state's welfare agency won't take your ongoing expenses into account. Depending upon the size and flexibility of your budget, this may result in the denial of your application for benefits. If you have a heavy burden of household expenses despite a seemingly robust income, it's unlikely that you'll qualify for food stamps. Your state's welfare agency will probably distinguish between ""essential"" and ""non-essential"" expenses. While it's likely to consider the former when determining whether to approve your application, it's not likely to look at the latter at all. ""Essential"" expenses might include ongoing outlays that are required by social convention and physical necessity. Most welfare agencies deem rent payments, utility bills and transportation expenses to be ""essential"" living costs. By contrast, cable bills, car payments, entertainment costs and other ""frivolous"" expenses won't fall into this category. Your ""essential"" expenses may act to offset some of your income. Depending upon the policies of your state's welfare agency, these expenses may be subject to certain caps. For instance, you may not be permitted to claim a rent allowance that amounts to more than 30 percent of your monthly income. Likewise, your transportation costs may need to remain below a certain threshold. For more information, check with the appropriate authorities in your jurisdiction. "
How Much Tax Money Comes Out of Each Paycheck?,"The size of your tax refund is determined by a breathtaking number of factors. It’s important to remember that you’re not necessarily entitled to a tax refund. While most workers who earn hourly wages or salaries receive ample tax refunds once they’ve filed their taxes for the year, some receive virtually nothing. Some workers may even end up owing the IRS additional funds after accounting for additional earnings. The withholding process is the principal cause of this uncertainty. When you receive your paycheck for a given pay period, you’ll notice a sizable difference between your “gross earnings” and “net pay” for the period. Your gross earnings figure represents the raw dollar value of the hours that you worked whereas your net pay figure represents the amount left over after your employer’s withholding calculations. These withholding calculations are done for convenience. Rather than ask you to save the funds to pay your taxes in a lump-sum payment at the end of each tax year, the IRS permits your employer to withhold these funds on a gradual basis. This is a win-win situation: It reduces the amount of money that you’ll have to save over the course of the year and reduces the number of delinquent taxpayers with whom the IRS has to deal. The funds withheld from your paycheck satisfy several discrete forms of tax. Several of these are intended for the federal government’s use. These include federal income taxes, Medicare taxes and Social Security or FICA taxes. Other withholding streams may be earmarked for your state or local governments. Many states and even some municipalities levy their own separate income taxes. If you live in one state and work in another, you may need to pay taxes in both places. If you live in a city that does not charge income taxes but work in one that does, you’ll probably have to cover those costs as well. For budgeting purposes, you may wish to get a ballpark estimate of the size of your refund before you actually file your taxes. You can find a free online “tax calculator” on the landing page of your local nonprofit community-finance organization. Most for-profit tax services also offer these free tools. Try to calculate your estimated taxes a month or two before filing. If you owe additional funds to the IRS or your state’s revenue authority, this will give you time to begin saving. "
How Hard Is the Texas Life Insurance Exam?,"The life insurance business is booming. According to recently-released statistics, the aggregate value of the United States’s outstanding life insurance policies totals nearly $20 million and continues to rise with each passing year. As the country’s population ages, more and more middle-class consumers are discovering the value of term life insurance. This has led to tremendous recruiting drives at the nation’s major life insurers and contributed to the creation of tens of thousands of new jobs over the past decade. Although certain older, independently wealthy consumers don’t need life insurance, it’s doubtful that everyone who needs life insurance coverage currently has a policy. By some estimates, just half of the country’s families are protected by this type of safety net. In light of the central role that life insurance plays in the American financial industry, it should be no surprise that every state requires insurance agents to become licensed. The licensing exams that control the issuance of these credentials are drawn up and administered without any guidance from the federal government. As such, these tests can vary dramatically from jurisdiction to jurisdiction. What Is the Measurement Used for THC on a Typical Life Insurance Medical Exam? Whereas some states’ life insurance exams are considered to be routine, other exams have first-time “pass rates” of less than 50 percent. Although these difficult tests serve to discourage plenty of prospective life insurance agents, they also ensure that those who pass will be well-prepared to work in the increasingly competitive life insurance industry. Difficult tests also ensure that newly-minted agents are competent and fully cognizant of the implications of their work. If you’re hoping to obtain a license to sell life insurance in Texas, you’ll need to prepare for the state’s exam by purchasing study materials and taking a preparatory course. While the Texas Insurance Exam isn’t regarded as the nation’s most difficult, it’s a comprehensive assessment that can punish unprepared test-takers. It also covers a wide range of issues that aren’t directly related to life insurance. Before you take the exam, you’ll need to know the ins and outs of: If you concentrate only on the life insurance portion of the exam, it’s unlikely that you’ll pass. If you’re worried about receiving a passing grade on the test, take a practice exam several weeks beforehand. A practice-exam score of 90 percent or higher generally indicates mastery of the subject material. If your score is lower than 90 percent, you’ll need to assess your weaknesses and continue to study. "
Does Using My Parents’ Health Insurance Make Me a Dependent?,"Despite a raft of new regulations that are designed to make health insurance more affordable and prevalent, finding adequate, inexpensive coverage is still a challenge. Even as the cost of single-coverage health insurance premiums rise, fewer and fewer companies are offering health insurance coverage as an employee benefit. The companies that still offer such benefits are asking their employees to shoulder burdens like reduced preventive-care coverage, higher co-pays and more expensive premiums. Even if you have access to an employer-sponsored health insurance plan, it might not be a very good deal. If you're relatively young, you may have another option. Thanks to the Affordable Care Act, American health insurance companies are now compelled to insure certain minor and adult children on their parents' policies. Although such coverage can be denied by any children or parents who don't need it, insurance companies no longer have any say in the matter. For the first 25 years of a person's life, he or she may procure health insurance in this way. Once a person turns 26, insurance companies can drop him or her from this ""family plan"" without providing an explanation. Crucially, the new law makes no distinction between minor and adult children. In other words, ""children"" who are over the age of 18 and earn enough money to support themselves may still receive health insurance coverage from their parents. This has no bearing on their tax status. In order to secure this benefit, parents aren't required to claim such children as dependents on their tax returns. Likewise, these children aren't required to forgo the ""personal tax deduction"" that non-dependents are entitled to claim. This is important: Since there are tremendous financial benefits to being a non-dependent, the so-called ""health insurance provision"" is a valuable tool. Depending upon the circumstances, the ability of a non-dependent child to procure health insurance under a parental plan can be viewed as a major informal tax deduction. It may also be a financial blessing for parents who wish to carry their kids on their health insurance policies. In order to claim someone as a dependent on your tax return, you must provide him or her with significant financial support. If you account for less than 65 percent of his or her total earnings, it's unlikely that you'll be able to claim an adult child as a dependent. This rule doesn't apply to minor children. Since they're legally bound to their parents, minor children may be claimed as dependents in most situations. This arrangement may only be changed through the legal emancipation process. "
Can I Reimburse Myself for Health Insurance Costs Through My Company?,"If you own your own business, your health insurance considerations are liable to be different than those of the typical salaried worker. For starters, the IRS permits business owners to claim their own health insurance costs as a “business deduction.” This is one of the biggest incentives for American companies to provide health insurance for their workers. It’s doubtful that so many companies would still provide this benefit in the absence of such a tax break. Like many business decisions, providing health insurance simply makes good financial sense. If your business is relatively small, your health insurance considerations could be downright confusing. The tax implications of your personal health insurance plan may be confusing as well. Sole proprietors, partnerships, “S-corps” and small-business LLCs must abide by certain rules during the deduction-claiming process. Chief among these is the requirement that they provide health insurance for their employees on a pre-tax basis. If your business provides health insurance on a post-tax basis or fails to meet this standard in any other way, it may be ineligible for the health insurance tax deduction that its peer organizations enjoy. To learn more about the difference between pre-tax and post-tax health insurance benefits, you can browse the IRS’s website for publications on the matter. Many small business owners don’t even provide health insurance. If your business has just a handful of employees, the financial burden of providing health insurance might not be worthwhile. While some sole proprietors establish businesses for the sole purpose of providing themselves with affordable health insurance coverage, many others simply can’t afford to do so. If this describes your situation, you probably have other means of purchasing health insurance. For starters, you could turn to your spouse. If your spouse enjoys health insurance coverage through his or her employer, you might prefer to sign on to that policy. Unfortunately, this will cut off a potentially valuable benefit: your health insurance deduction. Even though you’re in business for yourself, you can’t legally claim the health insurance premiums that you pay to your spouse’s provider as a business expense. Such a move would constitute fraud and could be punishable by fines and imprisonment. Unless your spouse’s premiums are paid out of his or her post-tax earnings, you also won’t be able to claim his or her premium costs. In fact, you probably won’t be able to use the health insurance deduction at all. If you want to be able to deduct your health insurance premiums as a business expense, you’ll need to set up your own plan. If you’re like most American taxpayers, your health insurance premiums represent an enormous “overhead” expense. For many years, the cost of healthcare and health insurance has risen faster than the overall rate of inflation. Meanwhile, the recent passage of the Affordable Care Act has added a new layer of uncertainty to the healthcare market. Many insurers are taking advantage of this new climate of confusion by raising some of their policies’ premiums by 10 percent or more per year. If you receive health insurance through your employer, you probably won’t qualify for a healthcare-related tax deduction. This is because most employers shoulder the majority of their employees’ health insurance costs. On the other hand, you may qualify for a tax deduction in the event that you experience an expensive medical emergency or round of treatment during the tax year. In order to determine your eligibility for specific tax deductions, you’ll need to check with your accountant or tax professional. In general, you should qualify for a tax deduction on any healthcare costs that exceed 7.5 percent of your gross income. If you made $100,000 during the tax year and paid $15,000 in healthcare-related costs, you’ll be eligible to deduct $7,500 from your top-line income figure. Although high-income earners may face certain restrictions, most regular workers are eligible to claim virtually all of their healthcare costs beyond the 7.5 percent threshold. The specifics of this deduction are spelled out in IRS Publication 502. In order to be eligible for this tax offset, you must choose to itemize your deductions. If your standard personal deduction exceeds the value of your potential itemized deductions, it may not make sense for you to use this healthcare-related tax-reduction tool. Although it fluctuates from year to year, the personal tax deduction is capable of offsetting thousands of dollars in gross income. Unless you own a house or make charitable donations on an ongoing basis, the total value of your potential itemized deductions may not exceed that of your guaranteed personal deduction. If you’re self-employed, this healthcare deduction could be particularly useful. As a self-employed worker, you’ll be responsible for covering 100 percent of your health insurance costs out of your own pocket. As such, your insurance premiums are liable to exceed 7.5 percent of your income by a significant margin. In addition, you’ll be eligible for other key tax offsets, including the home-office deduction. "
Can I Extend My Health Insurance to Cover My Parents and Siblings?,"The cost of health insurance increases with each passing year. If you're lucky enough to have a robust health insurance policy through your employer, union or educational institution, you're probably happy with your current arrangement. However, your loved ones might be jealous of the security net in which you're enveloped. If you're the only person in your family with health insurance coverage, you may be able to use your policy to obtain coverage for some of your relatives. Unfortunately, current laws limit the means by which you can do this. In addition, adding new people to a health insurance plan can be surprisingly expensive. Before you agree to add family members to your policy, take the time to get a good sense of their healthcare needs. Even if they appear to be healthy, they may have pre-existing conditions or injuries that require ongoing medical treatment. Such conditions could dramatically raise your total insurance costs. For instance, a family member with well-controlled diabetes could raise your premiums by 50 to 100 percent. A family member with a chronic condition like multiple sclerosis or lupus could raise your premiums by even more. In order to determine the cost of insuring additional family members, you'll need to talk to your group insurance provider. If you receive insurance through your employer, you'll have no choice but to secure additional coverage from this company. Most group health insurance providers frown upon clients who take out supplemental policies. In fact, such a move could be grounds for your removal from the policy. If you have single-coverage health insurance, you're free to solicit quotes from other providers as well as your current insurer. Be prepared to devote a significant amount of time to the research process. Finally, you'll need to determine the eligibility of each of your relatives. In most cases, you'll only be able to add your spouse and ""qualifying"" dependents to your plan. You probably won't be able to add your parents or adult siblings. However, it's important to note that most insurance companies don't impose age restrictions on these guidelines. If you can claim your parents and siblings as dependents, you may be able to add them to your policy. In order for this to work, you'll need to demonstrate that your parents and siblings are reliant on you for financial and social support. Since this requires a relatively high burden of proof, you might have difficulty doing so. "
Can I Cash an Auto Insurance Check Written Out to My Lien-Holder and Myself?,"If you recently received a settlement for a financed vehicle, you may have been surprised to find that your auto insurer’s check wasn’t made out to you. Since another party has an interest in the vehicle, your insurer was legally obligated to include that party’s name on the check. Unfortunately, this means that you can’t use the money that you’ve received without taking certain key steps. If you fail to take these steps, you could suffer some serious financial consequences. In certain circumstances, you might even face criminal penalties. Before you do anything with the check that you’ve received, take a moment to assess the situation. You have several distinct options. First, you could try to take the check to the auto repair shop that’s working on your car. Somebody shops have the ability to cash checks made out to third parties. Since the staff members at the shop are legally obligated to forward the unused proceeds to your vehicle’s lien-holder, your insurance company probably won’t object to your decision to do this. If the body shop mishandles or misplaces the check, it will be liable for your repair costs. Somebody shops prefer not to accept third-party checks. Given the amount of risk that the practice involves, this is understandable. If your body shop won’t take the check that your insurance company issued, you can send it back to your insurance company with the body shop’s repair estimate. At the same time, you should instruct your insurance company to send you a check that’s made out to the body shop. The company’s claims department should have no problem with this. However, you should understand that you won’t see any of the unused funds. Once your insurance provider cuts a check to your body shop, it will send the unused portion of the settlement to your vehicle’s lien-holder. On the bright side, this means that you won’t have to make a car payment for a decent amount of time. What Does Comprehensive Coverage on Auto Insurance Mean? If you would prefer not to pay for your car’s repairs at all, you’ll need to send your entire check to your lien-holder. Once the lien-holder receives the check, it will cash it and use the proceeds to reduce the balance on your auto loan. Depending upon the size of the check, this could significantly improve your financial outlook. As long as you’re comfortable with driving a damaged vehicle, this may be the most prudent course of action. "
How Do I Know If My Health Insurance Premiums are Considered Pre-Tax or Post-Tax Earnings?,"If you earn health insurance benefits through your employer, you’re a member of a lucky cadre of American workers. Many employers have stopped providing such benefits to their employees. Others require the employees who sign up for their employer-sponsored group plans to cover the full cost of their premiums. Although group plans tend to cost somewhat less than single-coverage plans, this still represents a tremendous surcharge for most workers. In fact, many employers that have stopped providing health benefits have effectively given their workers across-the-board pay cuts. As a fortunate worker who continues to draw health insurance benefits through your employer, you’ll need to be aware of the tax implications of your employer-sponsored premium payments. Since you’re eligible to claim a sizable tax deduction on your post-tax health insurance contributions, it’s important that you determine the tax status of your specific employer-sponsored plan. Most employer-sponsored health insurance plans adhere to an IRS regulation known as “Section 125.” In popular terminology, plans that adhere to Section 125 are known as “cafeteria plans.” This colloquialism can be traced back to the formative years of the Section 125 statute. Since this particular regulation was designed to cover the employer-led issuance of health insurance benefits as well as several other types of insurance, it was referred to as an “all-you-can-eat” plan. Over time, the phrase morphed into the somewhat more refined “cafeteria plan” designation that remains in use today. If you have a “cafeteria plan,” your health insurance benefits are almost certainly taken out of your pre-tax pay. In other words, they come directly out of your gross income. Once these premiums have been subtracted from your weekly pay and forwarded to your health insurance provider, your employer will withhold your regular federal income taxes from the remaining balance. You’ll only be required to pay federal and state withholding taxes on your “post-insurance” income. Unfortunately, this means that you can’t claim your “cafeteria plan” health insurance premiums as a tax deduction. After all, you never paid taxes on that portion of your income. Am I Able to Write Off Health Insurance Premiums for Tax Purposes at the End of the Year? In order to confirm that your health insurance premiums were deducted from your gross pay, look at the “FICA” and “Medicare” sections of your pay stub. If the value of your FICA-eligible income is higher than the value of your withholding income, your premiums are “pre-tax.” If your FICA-eligible income is identical to your withholding income, your premiums are “post-tax.” In the second instance, you’ll be able to claim them as a deduction. "
I Filed My Taxes Online and Entered the Wrong Direct Deposit Routing Number. What Should I Do?,"These days, millions of Americans file their taxes online and receive their federal and state tax refunds via direct deposit. With the advent of broadband technology and affordable electronic financial transfers, this has become a matter of routine. After all, it's often cheaper and faster to process tax payments through the Internet. Waiting for an appointment with a registered tax preparation specialist can take time and produce plenty of inconveniences. Unfortunately, the newly-automated tax-filing system is not without its drawbacks. Chief among these is the potential for a single transcription error to cause major problems. It's bad enough to enter the wrong income on your tax form: If you discover that you've made such a mistake, you'll need to refile your taxes using the IRS's Form-1040X. Otherwise, you'll risk tax ""clawbacks"" and potential criminal prosecution. It may be even worse to provide the IRS with the wrong routing number for the bank account into which you'd like your tax refund to be deposited. When you file your taxes online, you'll need to provide the IRS with your exact bank account and routing number. If either of these numbers is entered incorrectly, you could face a host of problems. Sadly, there's no guarantee that you'll be able to recover financially from such a mistake. If your refund is routed into the wrong bank account without your knowledge, the individual to whom the account belongs may choose to spend it in short order. This could dramatically complicate the situation and necessitate the involvement of law enforcement authorities. If you realize that you've made this mistake, there are several different ways in which your case could unfold. First, your refund deposit could simply be rejected. If the routing number that you specified doesn't belong to a specific bank, the deposit will fail and the IRS will be forced to mail you a paper check. Although this can take up to two months from the date of the failed deposit, it's likely that you'll see the full amount of your refund. If the routing number that you provided belongs to a specific bank, it's possible that the bank has successfully received the deposit. If this is the case, you'll need to figure out the name of the bank that has your money. It's likely that the refund will be sitting in an unused or ""surplus"" account. In this case, the bank should simply return the funds to you via check. If the account is owned by another person, you may need to reason with them directly. "
Should I Get a Lawyer for a Drunk in Public Charge?,"If you've recently been arrested on a public intoxication charge, you may be weighing your legal options. Before you opt to spend hundreds of dollars to hire a lawyer and fight your charge, you'll need to consider the circumstances surrounding your arrest. In most jurisdictions, public intoxication charges are regarded as either petty or simple misdemeanors. If your case is charged as a petty misdemeanor, you'll be issued a citation that carries roughly the same weight as a traffic ticket. As a condition of your citation, you'll need to pay a fine of between $150 and $500. You'll also be sentenced to ""time served."" Since you were probably forced to spend the day or night of your arrest in jail, you won't need to serve any further prison time. Even if you were released on your own recognizance after your arrest, you probably won't be required to return to prison. If your case is charged as a simple or ""Class D"" misdemeanor, you'll be hit with a somewhat larger fine of between $300 and $1,000. You may also be sentenced to a term of unsupervised probation. Finally, you may be required to perform a few dozen hours of community service. It's unlikely that you'll be required to go to prison on such a charge. However, it's important to remember that pleading guilty to a simple misdemeanor doesn't absolve you of wrongdoing. Your conviction will become part of the so-called public record and may show up on a criminal background check for a lengthy period of time. If you're looking for a job or wish to obtain a security clearance, this could interfere with your plans. In other words, you'll need to determine whether you can live with the consequences of a public intoxication conviction. For most people, this would not be a life-changing event. Then again, others have jobs, families and reputations to protect. If you're one of those people, you should consider hiring a lawyer to fight your charge. Retaining a competent legal professional to fight your public intoxication charge will substantially increase your chances of securing a dismissal or acquittal. However, such an outcome is far from guaranteed. If you were clearly in violation of the law, your lawyer may be unable to convince a judge that you're not guilty of the crime. If this is the case, your trial will end in disappointment. To make matters worse, you'll be hundreds or thousands of dollars poorer. "
Can You Represent Someone in Court If You Aren’t a Lawyer?,"These days, hiring an experienced lawyer to represent an individual who has been accused of a crime can be ruinously expensive. Even junior associates at second-tier law firms are permitted to bill their clients upwards of $150 per hour. Senior associates and partners can bill several times that amount. In fact, many seasoned trial lawyers who conduct product-liability lawsuits and other lucrative legal operations make upwards of $1 million per year. Defendants who lack deep financial reserves can quickly find themselves overwhelmed by legal bills. If you know someone who has been accused of a crime, you might be wondering whether you're legally permitted to represent him or her in court. Depending upon your familiarity with basic legal principles, you might be able to appear competent and confident in front of a judge. You might even impress your non-lawyer peers with your grasp of basic legal concepts and precedents. Unfortunately, there are no circumstances under which you'll be able to represent your accused acquaintance without first passing the bar exam in your state. In fact, individuals who have not been admitted to a state bar are explicitly banned from practicing law within that jurisdiction. This prohibition extends to laypeople as well as bar-certified lawyers from other areas. Despite his or her obvious legal experience, there is no guarantee that a seasoned lawyer who has been cleared to practice law in Oregon will be permitted to represent a client who stands trial in Texas. Although many states have ""reciprocal"" arrangements that permit lawyers with ""outside experience"" to practice law within their borders, this occurs on a case-by-case basis. Further, non-lawyers are not permitted to take advantage of such arrangements. In fact, practicing law without a bar license is a crime. If you attempt to represent an acquaintance without a license, you'll probably find yourself in one of two unpleasant situations. In the first scenario, you'll make it clear to the judge who presides over your case that you're not qualified or licensed to practice law. Your honesty will probably pay dividends: In this case, the judge will simply prohibit you from representing your ""client"" and order him or her to seek alternate counsel. In the second scenario, you'll misrepresent yourself as a trained, licensed lawyer. This is blatantly illegal. Once you're determined to be an unlicensed practitioner of the law, you'll be thrown off the case and charged with a crime. Should you be convicted, you'll face hefty fines and a possible prison sentence. "
Can a Mortgage Company Add an Escrow Account to My Mortgage Without My Consent?,"If you're like most American homeowners, your mortgage is the single largest obligation that you'll ever carry. Unless you purchase a private plane or yacht, it's unlikely that you'll ever own something as expensive as a piece of residential property. Of course, you could own a more expensive home after choosing to expand into a larger space. Nevertheless, you may never own a physical asset that's worth as much as a house. This fact might give you pause. After all, home ownership is expensive. If you're worried that you'll become unable to afford your property taxes or mortgage payments at some point in the future, you may wish to stick to renting for the time being. On the other hand, the historically-weak housing market presents excellent opportunities for buyers who are willing and able to shoulder the risk associated with owning a home. Once you've purchased your home and settled into your new life as a homeowner, you might be pleasantly surprised by the hidden perks of domestic living. Then again, your worst fears about your ability to handle your mortgage and property-tax obligations might be realized. If you begin to struggle to pay either of these recurring obligations, you might soon come into conflict with your mortgage lender. Your mortgage lender has the legal right to set up and administrate an escrow account to satisfy your mortgage debts. Your mortgage-related escrow account can also be used to satisfy your annual or semi-annual property-tax obligations. In order to utilize this tool, you'll make periodic deposits into this account. When your monthly mortgage payments come due, your lender will withdraw the proper amount from this account and update your bill to reflect the payment. Likewise, your lender will use the same procedure to satisfy your property-tax debt. When you take out your mortgage, you can opt out of this arrangement by requesting a ""no-escrow"" mortgage. This prevents your lender from setting up an escrow account that automatically pays your mortgage and property-tax obligations at regular intervals. Such an arrangement is perfectly legal and increasingly popular. Unfortunately, your ""no-escrow"" lender remains legally obligated to set up an escrow account to satisfy any delinquencies that may arise during the life of your mortgage. If you've fallen behind on your property taxes, your mortgage lender will pay the taxes on your behalf. It will then use this newly-created escrow account to demand repayment for its generosity. If you ignore this request, your lender could initiate foreclosure proceedings. "
Why Would You Be Denied Life Insurance During a Mouth Swab Test?,"When you sign up for a life insurance policy, you'll need to fill out a comprehensive application that satisfies a number of legal and medical requirements. Among other things, your prospective insurer will take steps to ensure that you're healthy and competent. In order to prove that this is the case, you'll need to submit to a range of medical tests. In addition to the written application and questionnaire that you'll be asked to fill out at your initial consultation, you'll also need to meet with a medical professional. This individual is typically a trained doctor and may be employed or retained by the insurance company that's issuing your policy. He or she will subject you to a three-part medical exam that should take no more than 90 minutes. The exam's three parts include a round of in-person questioning about your health habits and diet, a series of simple blood and oral-swab tests, and a cursory physical examination that may require you to engage in some light exercise. During the course of this exam, you'll be expected to follow your doctor's instructions and answer all of his or her questions in a truthful manner. In most cases, prospective life insurance customers find it easy to comply with these expectations. For exam-takers who might be reticent to cooperate in full, most insurance companies take steps to safeguard their testing procedures. The battery of chemical tests that comprises the second part of a life insurance medical exam is one of these safeguards. Although a mouth-swab test is regarded as somewhat less accurate than a blood or urine test, it's adequate for the purposes of the typical life insurance exam. Mouth-swab tests are painless and non-invasive. Crucially, they can test for a wide range of potential health issues. The results of your mouth-swab probably won't cause your insurer to deny your application for insurance. However, the information that the test reveals may cause your premiums to rise by a substantial amount. In particular, the presence of nicotine or other drug metabolites in your saliva can indicate that you habitually use tobacco or illegal drugs. This revelation could easily double the cost of your insurance policy. In addition, your prospective insurer is likely to compare the results of your mouth-swab test with the answers that you provided on your written health questionnaire. If the results of the test conflict with your answers, your insurer could impose an additional financial penalty or deny your application outright. "
How Do I Withdraw Money from My Bank Account in Another Country?,"These days, the business doesn’t stop at national borders. In fact, it doesn’t even stop at continental edges. Today, trade is a global phenomenon that involves the international exchange of hundreds of billions of dollars per day. From the foreign exchange markets to the global shipping industry, many millions of the world’s citizens make their livings by sending money and goods around the world. So, how can you withdraw money from your Bank Account in Another Country? Personal finance and consumption have “gone global” as well. For one reason or another, untold millions of people live outside of their home countries. In the industrialized world, this has led to the creation of multicultural societies in which people from a range of backgrounds live and work with one another. It has also led to the development of financial networks designed to facilitate the smooth flow of currency between industrialized and developing countries. For instance, people send billions of dollars from the United States to Mexico each year thanks to the efforts of companies like: Although these services can be useful, they’re often not ideal for orchestrating quick international money transfers. For so-called remittances to be transmitted successfully, the sender must specify a set destination and arrange for a willing recipient to pick up the money upon its arrival there. There may be certain other security-related obstacles to overcome as well. If you’re trying to send money across international borders quickly and safely, you might want to consider using a traditional bank transfer. In order to execute such a transfer, all you need are two bank accounts. You can successfully execute an international bank transfer in several ways. The easiest of these is known as a “wire transfer.” Most major banks have the capacity to send money via an electronic transfer to virtually anywhere in the world. Unfortunately, wire transfers are often quite expensive. Depending upon where you wish to send your funds, your wire transfer could cost $20 or more. If you’re only trying to transfer or withdraw a small amount of money, this fee might be unacceptable. If you’re traveling abroad, you can “transfer” money from your home bank account to an account in your current country without paying these fees. Alternatively, you can simply use money from your home account to purchase items in your current location. In both cases, you’ll simply need to visit a local bank branch or ATM and use your home bank’s debit card to withdraw cash from your overseas account. You can either deposit this money in a local bank or spend it freely. "
How Can I Find Out If My Landlord Has Been Paying the Mortgage On My House?,"For individual homeowners, the foreclosure process can be jarring and traumatic. Once the bank seizes an owner-occupied property and puts it up for auction, its owner must move out and find another place to live. In most cases, this is extremely disruptive for everyone who lives in the house. For renters, the foreclosure process can be even more emotionally draining. Unfortunately, landlords are under no legal obligation to inform their tenants of the status of their property's mortgage. In some cases, tenants are unaware that their landlord has stopped paying his or her mortgage until the foreclosure process has already begun. These unfortunate tenants might come home one day to find an eviction or foreclosure notice taped to their door. Meanwhile, their landlord may have fled the area or chosen to stop responding to contact attempts. If you find yourself in this situation, you may be furious with your landlord. Unfortunately, landlords who subject their tenants to such abuse may not be in violation of the law. Although a landlord is morally and contractually obligated to continue making payments on his or her mortgage, he or she may not face criminal penalties for not doing so. After all, the foreclosure process constitutes a fairly severe punishment: Landlords whose properties fall into foreclosure stand to lose a significant source of income. Worse, landlords who find themselves in this situation may suffer a dramatic hit to their credit scores. Such a financial wound may take years to repair. During that period, it may be difficult or impossible for the affected landlord to secure another mortgage. In other words, landlords who find themselves in foreclosure may be in a heap of financial trouble. Nevertheless, you'd probably prefer to avoid such a situation altogether. If you suspect that your landlord has fallen behind on his or her mortgage, you have every right to inquire directly about his or her financial health. If you don't receive a satisfactory answer, you'll need to take matters into your own hands. First, check with the tax clerk who oversees the collection of property taxes in your city or county. If your landlord has failed to pay his or her property taxes, he or she may also be delinquent on the mortgage. Since property-tax records reside in the public domain, you'll be able to obtain this information without difficulty. Likewise, get in the habit of opening every piece of mail that comes to your house. If your landlord is behind on his or her mortgage, there will be an official paper trail. "
Is It Legal to Charge Employees Different Amounts for Their Health Insurance Based Strictly on Their Income?,"If you obtain your health insurance through an employer-sponsored plan, you're among a shrinking majority of Americans who enjoy such coverage. More and more businesses are choosing to curtail or eliminate their health insurance plans in the face of rising costs and increasingly complex regulatory frameworks. Although the recent passage of the Affordable Care Act ensures that most Americans will have access to health insurance coverage in the years to come, it's not yet clear where millions of folks will obtain this coverage. It looks all but certain that single-coverage and ""a la carte"" family plans will be central to the health insurance mix. Another recent insurance-related development concerns the way in which policyholders are asked to shoulder their premium costs. In order to tamp down on the ruinous financial effects of health insurance inflation, many employers are assessing employee insurance-plan contributions on an income-based sliding scale. In the past, many employers simply charged each of their employees for health insurance on the same flat scale. Executives and cubicle-dwellers alike both paid the same amount of money for identical types of coverage. In fact, many executives' compensation packages included ""gold-plated"" health insurance plans that were supported by the premium contributions of rank-and-file workers. Since the passage of the Affordable Care Act in 2009, this practice is increasingly rare. The reason for this abrupt change is simple: The new law sets an ""affordability"" threshold for employer-sponsored health insurance plans. According to the new threshold, an employee's direct premium contribution for a given plan should not exceed 9.5 percent of his or her gross income. Although employers are free to ask their employees to contribute more than this amount, employees are not obligated to agree. Under the provisions of the law, ""over-contributing"" employees become eligible for a certain type of tax credit after reaching the 9.5 percent threshold. This tax credit is designed to offset the cost of obtaining single-coverage health insurance plans on the open market. Workers who earn less than 400 percent of the federal poverty wage are eligible for this credit. As it becomes more widely publicized, many thousands of individuals are expected to begin to take advantage of it. In order to increase the buying power of their group health insurance plans, many employers are expected to begin charging their employees for health insurance on income-based sliding scales. After all, the practice makes sense from a financial, legal and ethical standpoint. "
Do I Need a Lawyer for a Suspended License Misdemeanor?,"Depending upon your past experiences, you're likely to find the ordeal of being arrested and booked for a crime to be nerve-wracking and humiliating. Regardless of whether you're guilty of the crime with which you've been charged, you could easily be made to feel violated and dehumanized during the course of your arrest. If you're forced to spend a night in jail before being released on bail, you might feel even worse. Depending upon the seriousness of the crime with which you've been charged, you might have to spend the entirety of your pre-arraignment period in jail. In this case, you'll have to face a number of serious and potentially terrifying hassles. If you've been arrested for driving with a suspended license, you'll be charged with a misdemeanor. Fortunately, the bail for such an offense is not typically set at outrageous levels. You may be able to afford to post bail out of your own pocket. Alternatively, one of your friends or relatives might be able to cover this cost. Depending upon the exact dollar amount at which your bail is set, you might not even be able to find a willing bail bondsman. Although driving with a suspended license typically has serious ramifications, individuals who are convicted of this crime usually aren't given prison sentences. Instead, the penalties for this type of crime involve fines, probation and ongoing license restrictions. In addition to the fact that you'll have a misdemeanor crime on your record, the most serious consequence of your suspended-license conviction is liable to be your continued inability to operate a motor vehicle in a legal fashion. Depending upon the circumstances surrounding your arrest, you might be able to secure a reduction in your charges. In the past, courts in certain jurisdictions have reduced suspended-licensed convictions to petty misdemeanors or dismissed them completely. In other cases, these charges have been reduced to simple traffic infractions like speeding or failure to signal. If you have a clean criminal history and driving record, the judge who presides over your case may be more likely to exhibit leniency. If you hire a lawyer, you'll have a far greater likelihood of securing a dismissal or reduction of your charges. In the end, you'll need to decide whether such an outcome is worth the cost of retaining a legal professional. Even for a relatively simple case, your lawyer is likely to cost $1,000 or more. "
Would I Need a Motorcycle License and Insurance to Drive a Vespa?,"Also known as ""mopeds,"" motorized scooters are becoming increasingly popular in the United States. In addition to being fun to drive and affordable to purchase, these vehicles are extremely fuel-efficient. Depending upon the model that you purchase, your new moped might be able to travel 75 miles on a single tank of fuel. Some newer models are even more efficient: It's not uncommon for state-of-the-art scooters to achieve fuel-efficiency ratings of 100 miles per gallon or more. Meanwhile, certain manufacturers have begun to issue electric scooters that lack an internal combustion engine and derive their power from a safe, efficient battery pack. Regardless of the type of scooter that you ultimately choose to purchase, you'll need to take steps to ensure that it's ""street legal"" to operate. In addition, you'll need to ensure that you have the proper documentation to operate it on your own. The exact requirements that you'll need to meet may vary from state to state. Likewise, the procedures that you'll be expected to follow may depend upon the size, engine type and brand of the moped that you purchase. If you're in the market for a Vespa, you'll need to pay careful attention to its engine size. In most states, mopeds that feature engines with fuel capacities of 50 cubic centimeters or more are treated as motorcycles. If your Vespa's engine has a capacity of more than 50 cubic centimeters, you'll need to obtain a motorcycle license from your motor vehicle bureau. If you already have a driver's license, you'll need to obtain a motorcycle endorsement on it. In order to do this, you'll need to receive a temporary motorcycle permit and submit to a probationary period. Once this period has ended, you'll need to take a riding exam at your local motor vehicle bureau. If you pass this exam, you'll be free to ride your moped without restriction. If you own a moped that requires a motorcycle license, you'll also need to obtain motorcycle insurance from a reputable provider. Fortunately, such coverage is relatively affordable. Many of the moped manufacturers that do business in the United States take steps to ensure that their customers don't need to obtain licenses and insurance policies. These corner-cutting manufacturers tend to build scooters whose engines are just small enough to evade the licensing requirement. If you don't want to go through the trouble of obtaining documentation for your vehicle, simply purchase a moped that features a 49 cubic-centimeter engine. "
Do Life Insurance Companies Check Your Medical Records After You Die?,"For many middle-class Americans, life insurance is an essential form of financial protection. There are two basic types of life insurance: term and whole. Within these broad categories, there are several different policy types that may be customized to fit a wide range of needs. For the purposes of this explanation, it’s unnecessary to get into the details of each and every type of life insurance. However, it’s important to make a key distinction between the term and whole life insurance. Whereas whole life insurance is generally regarded as a quasi-investment vehicle that can help protect against financial shocks like job loss or permanent disability, term life insurance exists solely to cover the costs associated with the policyholder’s untimely death. What Is the Best Life Insurance Company to Work for with Great Commission? If you take out a term life insurance policy, you must be aware that it won’t accumulate any cash value. It will only produce income for your descendants in the event that you die before its expiration date. Term life insurance policies typically remain effective for between: Once their initial terms have expired, they may be renewed for additional lengths of time. These renewed policies almost always cost more than the policies that they replace. If you die during the effective period of your term life insurance policy, your policy’s beneficiaries stand to receive the policy’s so-called death benefits. In most cases, your policy’s underwriter will be prepared to pay out these benefits within two to three weeks of your death. Unless your beneficiary opts to receive the benefits in a single lump-sum payment, your underwriter will make annual “annuity” payments over the course of 15 to 30 years. Before it agrees to make the first annuity payment, it may take steps to confirm that your death occurred naturally. If you died in an unusual or suspicious situation, it may withhold benefits in lieu of a full investigation. Depending upon the policies of the life insurance company in question, this may take weeks or months. In most cases, life insurers will refuse to make payouts on suspicious death claims until police and medical officials have made the results of their official investigations available to the public. Your policy’s underwriter may actively participate in these investigations. If this is the case, you may be granted access to your official medical records. However, this may prove expensive and time-consuming for your insurer. If there’s no investigation into your death, it’s unlikely that your life insurance provider will care to review these records. "
Does Homeowner’s Insurance Cover Injuries Sustained by the Homeowner Themselves?,"As a homeowner, you've probably heard a great deal about your potential liability for any injuries that your guests or workers sustain on your property. If you have a big yard, a long walkway or a blind driveway, you might be especially worried about these issues. After all, hundreds of American homeowners are found to be liable for such injuries each year. To make matters worse, the average homeowner has only a limited ability to ""accident-proof"" his or her property. The most common types of private-property personal injuries occur as a result of slips or falls. These incidents are especially common during the winter: Unsuspecting guests or workers who walk on icy, untreated walkways or driveways often slip and seriously injure their hands, arms, legs and heads. Falls are also fairly common during the summer. These summertime injuries are often sustained by contractors or laborers working in elevated positions around the exterior of the house. A wobbly ladder that rests on an unstable surface or a loose rooftop shingle could be enough to cause one of these individuals to lose his or her balance and tumble to the ground. Such injuries can be extremely serious and may result in medical bills that total $50,000 or more. Fortunately, many homeowner's insurance companies cover these types of costs. If you have a new house that requires a gold-plated homeowner's insurance policy, you're almost guaranteed to have some form of liability coverage. While the injured worker or guest could still choose to bring a lawsuit against you in the event that your insurer denies his or her claim, such coverage would significantly reduce your risk of paying out of pocket for the incident. On the other hand, few homeowner's insurance policies cover medical expenses associated with injuries to individual policyholders. In other words, you can't hold your insurance company liable for an injury that you sustain on your own property. If you fall off of the roof of your house while performing routine repair work, you'll need to pay for your own medical bills. Of course, your health insurance company will probably pay for a portion of these expenses. You may be able to recover your remaining out-of-pocket expenses by other means. If you've recently had work done on your roof, you may be able to hold the contractor or roofing-materials manufacturer liable for your injury. This will require you to compile enough evidence to file a formal lawsuit. Although such a course of action involves tremendous risk, you may deem it to be worthwhile. "
Do I Get My Money Back When Cancelling a Gerber Life Insurance Policy?,"Like some other providers of whole life insurance, the Gerber Life Insurance Company offers a novel form of insurance that's tailored to the needs of small children. These products are marketed as savings plans for young children. When you purchase a Gerber Life policy, you begin making monthly contributions known as ""premiums."" Initially, you'll be able to recover these premiums only under certain circumstances. Unfortunately, these circumstances typically involve the accidental or natural death of your child. Over time, your policy will slowly accumulate a ""cash value"" that can be used for various purposes. In most cases, policyholders simply allow their policies' cash values to grow over many years. However, policyholders who find themselves in desperate need of cash and lack adequate savings reserves may tap their policies' cash values for loan funds. In most cases, the entirety of a given policy's cash value is available for use as a loan. Since they accrue interest at an annual rate of at least 8 percent, these loans are best used as short-term credit facilities. If you take out such a loan, be sure to pay it back as soon as possible. The cash value of a given Gerber Life policy is equal to its ""surrender value."" If you become unable to afford your policy's premiums and wish to cancel it, you'll be entitled to receive its full surrender value upon cancellation. To determine the current surrender value of your policy, look at your most recent statement. This figure will be noted near the bottom of the document. To determine the rate at which your policy's surrender value is growing, look at your past six statements and calculate the rate of increase. In most cases, this should be expressed as a percentage of your total monthly premiums. Unfortunately, Gerber Life imposes strict conditions on policyholders who wish to cancel their policies. If you scan your policy's documents, you'll notice some ""fine print"" that discusses the rate at which your policy accumulates its surrender value. You'll probably be disappointed to learn that your surrender value will be nonexistent for the first several years during which your policy is effective. After this initial probationary period, it will grow at an accelerating rate. Once your policy has been in effect for 25 years, it will be equal to the total value of the premiums that you've paid over the policy's life. In other words, you'll lose money by canceling your child's policy before his or her 25th birthday. "
"When You Get Rear-Ended By a Car, Does Your Insurance Rate Go Up?","Being involved in a serious car accident can be stressful. Even if you don’t believe that you’re at fault for the accident, you’ll probably be asked by the police and various insurance agencies to provide a great deal of information about the circumstances surrounding the incident. If you were injured in the crash, you would probably prefer not to deal with such matters. Even if you feel fine, you might be emotionally “shaken up” or worried about the cost of repairing your damaged vehicle. In either case, you might be understandably reticent to engage in lengthy “on the record” conversations with certain authority figures. Unfortunately, such conversations are a necessary aspect of post-accident investigations. Although rear-end crashes are among the most common and clear-cut types of automobile accidents, they still must be investigated to the fullest possible extent. If you’ve recently been rear-ended by another driver, you’ll need to remember a few key points. Crucially, you’re unlikely to be held liable for being rear-ended. In most jurisdictions, fault is assigned to the “second” driver in a rear-end accident. The driver who sustained damage to the rear end of his or her car is virtually never deemed to be at fault for a rear-end accident. There are some occasional exceptions to these general guidelines. If you were engaging in an illegal maneuver at the moment of impact, you may be held fully or partially liable for the accident. This is particularly common in freeway “slow lanes.” If you’re stopped in a traffic lane or traveling slower than the posted minimum speed without mitigating factors like traffic jams or disabled vehicles ahead, you’re technically in violation of the law. If you’re rear-ended while engaged in such an activity, you’ll be issued a traffic citation for your actions and held liable for the accident. Once you file an insurance claim for this accident, your rates will almost certainly rise. Likewise, your insurance rates could go up for matters unrelated to the rear-end accident. After the accident, the officer charged with investigating the matter could choose to issue a secondary citation that has no bearing on his or her determination of fault. This could come in the form of a speeding ticket, “failure to signal” citation or other moving violation. Even if your insurer doesn’t hold you responsible for the actual crash, it might nevertheless raise your rates as a result of this ticket. "
How Do I Remove Someone’s Name Off of a Joint Bank Account?,"Joint bank accounts can be useful in many different situations. For small business partnerships, they can provide the principals of a given business with access to a portion of the entity's liquid finances. Since joint business bank accounts can typically be accessed by multiple parties at once, such arrangements may permit trusted stakeholders to tap into the business's cash reserves without seeking the formal approval of their partners. Likewise, joint bank accounts are an excellent means by which parents may teach their children about financial matters. Once their children reach an appropriate age, many parents choose to open joint bank accounts for them. Although parents have nominal control over these joint ""custodial"" bank accounts until their children reach the age of majority, these financial tools may serve as an important teaching tool. Minor children can still deposit and withdraw funds from the joint bank accounts to which they're attached. Once they turn 18, they may be permitted to open and close new bank accounts at will. Joint bank accounts are also useful for married couples. For simplicity's sake, many couples choose to merge their finances. Unlike parent-child financial relationships, these arrangements are generally equitable: Each spouse may draw upon the account and make decisions related to its administration. In the event of a separation or divorce, these accounts may serve as sources of vitriolic disagreements between warring ex-spouses. There are many situations in which it might make sense to remove someone's name from a joint bank account. If you're considering doing so, you'll need to take several steps. However, you shouldn't over-think the process. In most cases, it can be done within a few minutes. If you're assigned as the ""primary"" account-holder on a joint or custodial account, it may be even easier to remove your fellow account-holders. To take a minor child off of a custodial account, you can simply call your bank and request that they be removed from the account. It's also easy to remove a willing participant from a joint bank account. Individuals who have no desire to remain attached to the account in question can typically be neutralized during the course of a brief bank-branch meeting. You'll need to appear with the appropriate individual at a branch of your bank. You'll both require two forms of legal identification. Finally, you'll both need to sign a piece of paper that makes the move official. The entire process should take a matter of minutes. "
How Do You Fire Your Lawyer and Get Your Money Back?,"When you hire a lawyer, you're not exactly entering into an employer-employee relationship. Your lawyer isn't obligated to shortchange his or her other clients in order to take on responsibilities that fall outside of the scope of your case. However, your lawyer is nevertheless obligated to fulfill the task that you've set before him or her. If he or she proves to be unwilling or unable to do so, you have the legal right to sever your relationship. While your lawyer will probably still be employed by his or her law firm, he or she will have no further relationship with you or your case. If you choose to sever your relationship with your attorney before your case reaches a conclusion, you must be prepared to take several important steps within a relatively short period of time. First, you'll need to initiate the firing process using the proper channels. In order to avoid any potential financial backlash from your decision, you should fire your attorney using a notarized letter that you've sent to him or her via certified mail. This letter must outline the reasons that you've chosen to fire him or her and demand the repayment of any unused portion of your retainer. Since your lawyer is legally obligated to keep your retainer in an escrow account and can't access the money without sending a formal bill to you, he or she will probably repay it without delay. If your lawyer fails to return these funds within 30 days, you may take several steps to ensure that you aren't cheated. First, you should send another letter that reiterates your decision to take your lawyer off the case and demands prompt repayment of your retainer. In this letter, spell out the consequences of inaction. These can include reporting your former lawyer's practice to the Better Business Bureau and reporting the individual lawyer to your state's bar association. In most cases, your lawyer will not risk such dramatic repercussions. However, it's important to note that your lawyer may still bill you for the work that he or she performed immediately before the firing. Under the terms of your pre-existing agreement, you're obligated to pay this bill in full. Once you've fired your attorney, you must find a replacement for him or her before your next court date. If you don't find another professional to take your case, it may be dismissed. If this happens, you'll need to refile it. Needless to say, this process can take months or years. "
Does It Matter If I Lie About My Grades to Get a Good Student Discount with My Auto Insurance?,"These days, auto insurance companies offer dozens of enticing discounts for prospective policyholders. In the hyper-competitive market for insurance coverage, these discounts are designed to attract policyholders to agents and direct-sales representatives. Every year, millions of new insurance customers sign up for ""discounted"" policies thanks to these slick marketing tools. Of course, it's not entirely clear that these so-called discounts actually save money for the drivers who take advantage of them. In many cases, these discounts may simply serve as a reduction mechanism for already-inflated premiums. When you solicit a rate quote from an auto insurance provider, you'll have to provide certain pertinent demographic and historical information. Once you've done this, you'll be notified about your eligibility for various discounts. Depending upon the answers that you've provided to the questions that you've already been asked, these discounts may vary widely. If you're under a certain age and currently attend school, you may be eligible for a student discount. If your driving record is pristine, you may qualify for a ""good driver"" discount. Since the insurance business is highly competitive, most insurance companies prefer to issue policies on the spot. In other words, you can simultaneously solicit a rate quote and receive a policy based on the information that you've provided. If you sign up for your policy online, you can immediately print your insurance documents for safekeeping in your vehicle. Once you've paid, you can move on to your next task for the day. Of course, your insurance company will double-check all of the information that you've provided in your application. This investigation tends to be very thorough: Your provider will take the time to check on your enrollment status with the educational institution that you claimed to be attending and may run a comprehensive license check with the motor vehicle bureau of each of the states in which you've lived. Even if you've already paid for your policy, your provider's official acceptance of your coverage terms and premium rates will depend upon the outcome of this investigation. If your provider's investigation turns up any inconsistencies in your self-reported answers, you may face serious consequences. If you've misrepresented your driving history, it's likely that your provider will upwardly adjust your policy's rate and ask you to pay the difference. If you've misrepresented your educational history, your provider will wipe out your student discount and may cancel your policy. In either case, any claim that you file is likely to be denied. "
I Used H&R Block Online Tax Last Year. Is There Any Way to Look Up My AGI for Last Year’s Taxes?,"These days, filing a U.S. income tax return is relatively convenient. In the past, filers had to deal with mountains of paper, mailing fees, and potential processing delays. The process was often held hostage by the whims of postal or filing-service employees. Even simple tax situations often required the assistance of a professional tax preparation specialist. Such specialists typically charged hefty fees and kept significant proportions of their clients’ tax refunds. Overall, the tax filing system has improved markedly with the rise of Internet-based filing systems. Of course, online tax preparation and filing still produces plenty of headaches. Many of the same organizations that helped Americans file their taxes during the second half of the 20th century remain actively engaged in the tax-preparation business today. Online tax-filing giants like: Now account for a sizable proportion of the total tax-return volume that passes through the IRS each year. As with any massive undertaking, complications arise with some regularity. One of the most troublesome of these complications is the requirement that tax filers use their “adjusted gross income” figure from the previous tax year as a password to log onto their current “e-filing” service. Virtually all of the tax preparation services that use the e-filing interface require their clients to take this step. Known as “AGI” figures, filers’ adjusted gross incomes are not necessarily unique. After all, hundreds of millions of U.S. tax returns are produced every year. However, these numbers are distinctive enough to be deemed effective for use as de facto passwords. Best Way to get a Copy of Last Year’s Tax Return If you’re worried that you won’t be able to find or remember your AGI figure from the previous year, you can circumvent your e-filing service’s AGI requirement in one of several ways. For starters, you might have created a different password during a previous filing session. If you’re returning to the same tax-filing service, you might be able to use its “lost password” feature to look up the unique password that you created the year before. Alternatively, you may be able to use the PIN that you received from the IRS when you filed your taxes. Although this may not be entirely sufficient to log you into your tax-filing interface, it should be adequate when used in conjunction with your old password. If your tax situation is straightforward, you may be able to find your AGI simply by looking at the “gross income” field on the W-2 form from your employer. "
Will I Go to Jail for a Misdemeanor?,"If you've been arrested and charged with a misdemeanor crime, you may be worried about spending a significant amount of time in prison. Chances are good that you've already been exposed to the penal area of the police station that processed you in the aftermath of your arrest. Depending upon the jurisdiction in which you were arrested and the time of day in which the arrest occurred, you may have been jammed into a cramped jail cell or given a semi-private room of your own. If you've already spent time with other accused criminals in a secure environment, you may be dreading the thought of returning to such a place after your conviction. The rules that govern misdemeanor crimes vary widely by jurisdiction and classification. For starters, there are several different ""classes"" of misdemeanor crimes. These range from lightly-punished petty misdemeanors to relatively serious Class A misdemeanors. Depending upon the state in which you're arrested, these classes may designated numerically or alphabetically. In either case, they're functionally similar. If you're charged with a petty misdemeanor, there's virtually no chance that you'll be sent to prison. Most petty misdemeanors are punishable by a relatively small fine of $300 or less. Examples of petty misdemeanors include petty theft and personal possession of certain controlled substances. If you're charged with a low-level misdemeanor that's deemed to be more serious than a petty misdemeanor, you'll probably face a significant fine and may be required to participate in a community-service program. However, it's unlikely that you'll be incarcerated for such a crime. Low-level misdemeanors include vandalism, disorderly conduct and ""disturbing the peace."" Meanwhile, more serious misdemeanors like burglary and grand theft might be punishable by some jail time. In most cases, misdemeanor jail sentences can't exceed two years in length. The likelihood that you'll be incarcerated for a misdemeanor may also depend upon the state of the prison system in your jurisdiction. In many states, municipal and state-run jails are overflowing with inmates. For instance, California's prison population exceeds the rated capacity of its prison system by a factor of two. Given the obvious space constraints that this systemic overcrowding can produce, many judges are inclined to be lenient with repentant offenders. In other words, any prison sentence that you would have received for your crime could be reduced to a ""time served"" sentence that involves significant amounts of community-service work. If you show remorse for your actions, such an outcome will be more likely. "
What Percentage of Lawsuits Settle Before Trial? What Are Some Statistics on Personal Injury Settlements?,"If you’re on either side of a pending lawsuit, you may be nervous about the prospect of going to trial. If you’re like most Americans, you’ve probably never been directly involved in the trial process. Although it’s likely that you’ve seen stylized media portrayals of sleazy trial lawyers, forceful judges and rigid courtroom protocols, you may not know what to expect once you actually step through the double doors and enter your trial court. In fact, you might not even be aware that most modern courtrooms lack double doors. Unless you’re involved in a complex case with no clear-cut “winner” or “loser,” your nervousness may be misplaced. Prior to the commencement of the trial process, the vast majority of personal injury lawsuits and product liability lawsuits are settled out of court. Although reliable median settlement figures are not available due to a lack of clear reporting standards, it’s likely that most pre-trial settlement amounts are comparable to the reported “value” of the corresponding lawsuit. In a financial sense, settlements tend to favor plaintiffs over defendants. Of course, settling a case out of court may protect the reputation and dignity of a defendant. In this regard, it can be said that both plaintiffs and defendants benefit from pre-trial settlements. According to the most recently-available statistics, about 95 percent of pending lawsuits end in a pre-trial settlement. This means that just one in 20 personal injury cases is resolved in a court of law by a judge or jury. It also means that planning for a pre-trial settlement is a crucial component of any sound legal strategy. In fact, many seasoned personal injury plaintiffs use the bulk of the pre-trial preparation period to build a case that entices their opponents into settling for a favorable sum. If you would prefer to settle your case before trial, be sure to let your attorney know of your desire in a timely fashion. It appears that personal injury trials favor the plaintiff: According to recent statistics, over 90 percent of cases that go to trial end in victory for the individual who brought the suit. This suggests that pre-trial settlements may be in the best interest of defendants who lack strong evidence to defend themselves against the charges that they face. In straightforward personal injury cases, the outcome of a trial can hinge on the testimony of a single key witness or the examination of certain pertinent records. "
How Do I Transfer Money from Mexico to My Bank Account in the USA?,"Most of the money transfers between the United States and Mexico are made by Mexican expatriates who live and work in the United States. However, many Americans who live and work in Mexico require a stable means of sending money from their adopted country to their relatives north of the border. Alternatively, many Americans who live in Mexico on a temporary basis may continue to operate bank and retirement accounts in their home country. If these individuals earn substantial amounts of money during their time away from the United States, they may choose to repatriate a portion of their earnings to take advantage of certain taxation treaties between the two countries. Under certain circumstances, Americans who live in Mexico can avoid paying income taxes to the Mexican government. There are several easy ways to send money across the border between the U.S. and Mexico. The most common means by which regular people send such funds involves a money transfer service like: For a relatively modest fee, these outfits can safely and efficiently process cash transfers on a same-day basis. If you’re planning on executing such a transfer, you should make several arrangements. First, you’ll need to choose a physical destination for your funds. You’ll probably need to specify the exact city, state, and terminal to which you’d like to send your money. For instance, you may choose a specific Walmart outlet in Austin, Texas as your destination. Some payment services may not require you to specify a particular location. If this is the case, you’ll be able to send your funds to any of the service’s terminals. It’s important to note that some states restrict the amount of money that an individual can send or receive on a daily basis. For instance, Arizona limits the size of incoming and outgoing transfers to $500 per day. How Do I Withdraw Money from My Bank Account in Another Country? You’ll also need to confirm that you have a willing recipient for your funds. This person will need to arrive at the specified terminal and recover the cash that you sent. If you choose, this person can subsequently make a bank account deposit on your behalf. Alternatively, you can use an electronic service to send funds directly to your bank account. You may be able to use PayPal, Xoom, or your Mexico-based brokerage account for this purpose. If you choose to send money in this manner, make sure that it’s denominated in the proper currency. "
How Much Money Does a Government Lawyer Make?,"In the past, lawyers belonged to an elite socioeconomic class and enjoyed tremendous job security. ""Corporate"" lawyers who worked for well-funded private companies or secured partnership-level positions at reputable law firms earned salaries comparable to those commanded by medical specialists and surgeons. Law firm principals, malpractice lawyers, liability lawyers and certain trial attorneys might have earned even more than those medical professionals. In other words, the law was a coveted field that attracted the best and brightest graduates of the nation's elite undergraduate institutions. While the law still attracts promising and ambitious young people, the earning power of the average lawyer has declined significantly since the 1980s. There are fewer lucrative opportunities available to newly-minted lawyers who lack years of practical experience. Most of these are reserved for graduates of top-tier law schools like Northwestern, Harvard and Yale. Most new lawyers find themselves relegated to ""second-class"" jobs that offer decent but unspectacular pay packages. Since many private law schools charge upwards of $200,000 for a three-year JD program, many new lawyers feel pressured to earn at least $100,000 immediately after graduation in order to remain financially comfortable. After all, the vast majority of law students finance their law school educations with high-interest student loans. If you're going to be graduating from law school in the near future, you may struggle to repay your loans without access to a coveted corporate-law job. Then again, you may be dead-set against working in such an environment. Many new lawyers choose to gain experience in the public sector before ""graduating"" to higher-paying private-sector jobs. In most cases, so-called ""government lawyer"" jobs pay substantially less than private-practice jobs. It's important to note that many modestly-paid government lawyers are expected to work just as hard as their private-practice peers. In fact, there's little correlation between ""hours worked"" metrics and compensation figures. Many government lawyers must work for 70 to 80 hours per week on a regular basis. In the public sector, lawyers' pay scales vary tremendously across jurisdictional lines. Local lawyers who work for rural county or city governments generally receive smaller compensation packages than specialized lawyers who work for the federal government in the Washington, D.C. area. Lawyers who work for state governments and far-flung branches of federal agencies tend to earn middling salaries. In general, living costs and agency budgets play a substantial role in determining compensation rates for government lawyers. Whereas rural government lawyers might earn $50,000 to $75,000 per year, high-powered federal lawyers might command $100,000 to $120,000 per year. "
"If You Can’t Afford Health Insurance, Are You Required to Buy It?","Since the late 2000s, health insurance has been a hot topic of conversation. Even as the insurance industry has been subjected to a rigorous examination from every possible angle, the legislative fight to reform the provision of this type of insurance has become a political ""lightning rod"" for politically-savvy citizens. Meanwhile, many politicians' careers have been launched or reshaped by their stances on so-called healthcare reform. The political healthcare reform movement culminated with the 2009 passage of the Affordable Care Act. Prior to the act's passage, between 40 and 50 million Americans lacked any form of health insurance coverage. Most of these individuals were low-income workers who couldn't procure insurance coverage through their employers. Many earned too much money to qualify for Medicaid coverage and failed to meet certain eligibility requirements for Medicare. Likewise, millions of folks who could afford to purchase health insurance coverage through their employers or on the open market found themselves in dire financial straits before the act's passage. In 2012, average out-of-pocket health insurance costs for individual policyholders exceeded $4,000 per year. For the typical family of four, these costs exceeded $15,000 per year. While it's too early to assess the effects of the Affordable Care Act on health insurance premiums, one of the law's signature features is now set in stone: Beginning in 2014, individuals who previously lacked health insurance may purchase it at a reduced rate. Through a tool known as the ""individual mandate,"" the government may now compel its citizens to purchase health insurance coverage. In addition, most businesses with more than 50 full-time employees will be required to provide group coverage to these full-timers. If businesses or individuals choose not to purchase health insurance coverage, they may be subject to an annual fine. The individual mandate contains provisions that may help low-income policyholders afford their premium payments. Individual earners with incomes below 400 percent of the federally-set ""poverty level"" may be eligible for tax credits that can offset the cost of their annual insurance premiums. Families with combined incomes of below 400 percent of the poverty level will also be eligible for subsidies under this plan. In a related provision, the Affordable Care Act caps out-of-pocket healthcare-related expenses for most policyholders at about $3,000. Although this figure may rise in response to cost-of-living adjustments, it is likely to remain significantly lower than the pre-reform out-of-pocket cost of health coverage. "
"If I Have an Investment Property That Will Go into Foreclosure, Can the Bank Take My Primary Residence?","Although the foreclosure crisis that swept the nation during the late 2000s has begun to abate, millions of homeowners remain unable to afford the payments on their mortgages. These hard-working individuals must either refinance their home loans or accept the possibility that their lenders will initiate foreclosure proceedings against them. Since there are currently hundreds of thousands of homes in foreclosure across the United States, there is a considerable backlog of ""pending foreclosures"" in certain areas. These distressed properties are especially common in states that were hit hard by the housing crisis, including Florida and Arizona. As such, there may be a lag of six months to two years between a delinquent homeowner's last mortgage payment and the date of the foreclosure auction. The foreclosure rules that govern investment properties are similar to those that govern primary residences. However, banks tend to expedite foreclosure proceedings on high-value multi-unit residential structures. If you own a rental property with multiple units, your foreclosure may proceed at a faster pace than you expect. This could make it difficult for you to catch up on your delinquent mortgage payments or secure another source of financing for your loan. Fortunately, your mortgage lender probably won't be able to seize your primary residence for the purposes of satisfying your delinquent mortgage. Although there are several exceptions to this general rule, mortgage lenders typically may only seize the property to which the delinquent mortgage is tied. If the proceeds from the pending foreclosure sale won't be enough to satisfy the mortgage debt in full, lenders may also seize any collateral put up by the delinquent homeowner. If the loan on your rental property was particularly large, it's possible that your mortgage lender asked you to provide some collateral as a condition of its issuance. Such collateral typically takes the form of cars, artwork, jewelry and other homes. If you chose to use it as collateral for your rental property's mortgage loan, you may lose your primary residence to foreclosure. For this reason, most financial professionals recommend insulating your commercial real estate holdings from your private holdings. In order to do this more effectively, you may wish to create a taxable business entity like an LLC or S-corporation. If you become unable to shoulder the burdens of your commercial mortgages, you can shield your personal finances using these business entities. However, you may still be forced to take a tax write-down that could significantly impact your tax liability for the year in which the foreclosure occurred. "
How Do I Become an Assassin for the Government?,"Since the advent of radio and television, assassins have enjoyed numerous media portrayals. Most of these have been favorable. In fact, a great number have been downright glamorous. If you’ve watched action-packed television shows or movies within the past 50 years, you’ve probably concluded that assassins have fun, rewarding jobs. Of course, this characterization misses several important points about the nature of working as an assassin. For starters, there are relatively few assassins in the world. Most of the government operatives who may be tasked with neutralizing “high-value” individuals also perform other duties as well. Although there are plenty of highly-trained individuals who may be qualified to kill or kidnap certain targets in a discrete fashion, there are few agents who resemble James Bond or Jason Bourne. Most specialized field operatives focus on collecting and synthesizing intelligence data rather than killing those who appear unwilling to provide it. However, these media portrayals have raised the profile of the assassination business and increased the interest that modern young people show in the profession. If you’re serious about becoming an assassin, you’ll need to choose which sub-branch of the field you’d prefer to practice. Most de facto assassins are snipers who serve in the Army or Marines. Certain members of the Special Forces who are well-trained in close-combat techniques may be qualified to practice a greater variety of assassinations. Most Armed Forces assassins operate in recognized combat zones or countries in which the United States has certain high-value strategic interests. The assassins who most closely resemble “secret agents” like Jason Bourne are generally CIA operatives with top-level security clearances. These individuals can be trained as: They may also have significant experience with unconventional methods of inflicting harm upon others, including familiarity with poisons and explosives. Operatives who work for the CIA and other intelligence-gathering agencies may conduct clandestine operations outside of designated combat zones. As such, their activities are generally kept secret and might not even be recorded. To become a government operative who might potentially engage in assassination-related activities, you’ll need to join a branch of the Armed Forces and score well on certain aptitude tests. Once you’ve risen above the rank of private, you can apply for a sniper position with the Army or Marines. After you’ve been trained as a sniper, you can continue working within the military or apply for a job with a private defense contractor like Academi. For more information on the government, you can also check out What Is A Government Shutdown &#038; Who Does It Affect? "
Do I Have to Pay the Mortgage While My Wife and I Are Separated?,"Unless you purchase a business, boat or other big-ticket item during the course of your life, your mortgage will be the largest discrete obligation for which you're likely to be responsible. As such, it's important that you treat it with the respect that it deserves. Failure to make your mortgage payments in a timely fashion can seriously disrupt your credit rating and may deal a substantial setback to your financial profile. In the worst-case scenario, your failure to pay your mortgage on time could result in a foreclosure that forces your home's current occupants to find alternate lodging. Until your divorce has been set in stone, you should continue to pay your mortgage. Once you and your spouse are legally divorced, one of you will assume possession of the house. At that point, the ex-spouse who still owns the house will be responsible for shouldering the full cost of its mortgage. If this represents an undue financial burden, this person will need to sell the house and find another place to live. If you're the only borrower listed in the official mortgage documents, you'll have no choice but to continue making payments on it. If you miss two or three consecutive payments, your lender is likely to foreclose on your house. When this happens, you'll receive a significant blemish on your credit rating and may be unable to procure a new mortgage loan for several years. In the meantime, your depressed credit rating may prevent you from finding a suitable place to live on a temporary basis. To avoid this unpleasant outcome, you'll need to expedite your divorce proceedings or come to an arrangement with your spouse. If you're living apart without being legally separated, you should secure this designation from a family court before proceeding. A legal separation designation is likely to make it easier for you to enter into binding financial agreements with your estranged spouse. Once you're officially divorced, these agreements will become permanent. If you and your spouse are both listed on the mortgage, you'll need to ensure that she continues to make her portion of the payments on it. If she fails to do so, you'll need to compensate by paying more than your agreed-upon share. Without such an adjustment, your lender will foreclose on the house. In order to enter into any binding payment agreements, you'll need to convince a judge to sign off on your written proposal at an official hearing. "
Can an Employer Legally Decrease Your Salary If It Is Stated in Your Contract?,"The rules that govern employment law may exhibit tremendous variation between jurisdictions. Although there are multiple federal agencies that administer various employment-related regulations, many of the laws that relate to the day-to-day decisions of employees and employers are enacted and enforced on the state level. Relative to states with strong traditions of labor union membership, the laws are substantially different in ""right-to-work"" states that provide fewer protections for unions and their members. Although the ""right-to-work"" movement has been gaining steam in recent years, many aspects of the legal framework remain unsettled. In fact, several states remain mired in legal fights over the terms and implications of these policies. Of course, employment law isn't completely dominated by fights between union members and their employers. If you don't belong to a union, any right-to-work laws in your state probably won't affect your employment choices or outlook. Rather, your direct interactions with your employer will prove decisive in this regard. If you work in a high-demand industry or have special qualifications that suit you to a particular role within your organization, you may be required to agree to the terms of a fixed-term employment contract. If this is the case, your employment contract will determine the outcome of most of the disputes that arise between you and your employer. In most cases, your employment contract will spell out the length of time that you'll be required to work as well as the compensation that you'll receive for your work. Typical employment contracts last for one to three years. Longer-term contracts may come with built-in pay raises that reflect living-cost increases or performance incentives. Unless you violate the conditions of your contract, your employment is generally guaranteed for the length of its term. In many cases, employment contracts are renewed on an ongoing basis. However, ""permanent"" employment contracts or tenured positions are rare outside of the education industry. This increases the leverage of employers and ensures that workers maintain their initial level of performance. If your employer is bound by an employment contract, it's unlikely that you'll be demoted or subjected to a salary reduction without ""just cause."" However, your contract may include a provision that provides for ""emergency"" salary reductions due to restructuring activities. In many cases, employers will choose to issue company-wide salary reductions in place of layoffs. This is perfectly legal and occurs with some frequency. If you're not working on a contractual basis, your employer can reduce your salary with or without cause at any time. "
What Happens to Your Home Mortgage When You Die?,"Since most people purchase their homes when they're in their 20s and 30s, it should be no surprise that the majority of mortgage holders are relatively young and healthy. After all, most mortgages are designed to be paid off within 15 to 30 years of their issuance. Nevertheless, each passing year sees many thousands of American homeowners die with outstanding balances on their mortgages. If you're worried about suffering this fate or inheriting a mortgage from a recently-deceased relative, you should keep a few things in mind. Assuming that you die with a portion of your mortgage's balance outstanding, it's unlikely that any of your family members will be obligated to make any direct payments on it. However, the responsibility for paying the remaining balance of the loan may devolve to the person who cosigned the loan with you. In most cases, this will be your surviving spouse. Since he or she will presumably continue to live in the house, this may not represent a serious burden. If you have a life insurance policy that pays out upon your death, your spouse may well use the proceeds to remain current on the mortgage or pay it off entirely. Likewise, your spouse may choose to sell the house in order to satisfy the outstanding debt. If you're the sole signer of your mortgage, your mortgage lender may decide the fate of your home. While it's possible to ensure that the home remains in your family by bequeathing it to a willing heir in your will, many homeowners don't have heirs with the resources to continue making mortgage payments. However, your home may remain in your family under certain circumstances. If your estate contains lots of liquid assets, your mortgage lender may ""call due"" your mortgage debt and use these assets to satisfy the balance on your loan. While this will significantly reduce the amount of money that your surviving spouse or heirs may keep, it will also ensure that your home remains out of the possession of the bank that issued your mortgage. If your estate is too small to satisfy your mortgage debt, your home is liable to be foreclosed upon by your mortgage lender. The executor of your estate can stop this process at any time by finding a willing heir to step forward and make payments on your mortgage. If this doesn't happen, your home will probably be sold by your lender through a sheriff's auction. "
How Much Is a Life Insurance Payment for a 70-Year-Old Man?,"Life insurance is a useful tool for young and middle-aged individuals with a high burden of day-to-day expenses. There are two basic forms of this kind of insurance: term life and whole life. Whole life insurance is far more expensive than term life insurance and typically isn't suited to the needs of an older person. Meanwhile, term life insurance is quite affordable for individuals between the ages of 30 and 50. Once a policyholder turns 50, his or her premiums will inevitably increase. The exact rate of this increase will depend upon several factors, including the policyholder's tobacco habits and pre-existing health conditions. A 60-year-old man in good health might still be able to procure an affordable term life insurance policy with a 10-year payout window. His eligibility for such a policy will hinge on his performance on a standard medical exam. Unfortunately, a healthy 70-year-old man will have trouble finding an excellent life insurance policy with premiums of less than $100 per month. Although most life insurance companies issue 10-year term life insurance policies for males and females between the ages of 70 and 80, these policies typically come with death benefits worth less than $50,000. Such policies may also come with mandatory probationary periods during which beneficiaries aren't entitled to receive death benefits. These periods may last up to three years. In essence, these ""10-year"" policies may only pay out during a seven-year window. In many cases, the premium payments on these policies may end up exceeding the total values of their death benefits. If you're looking for a life insurance policy for someone who's over the age of 70, you'll need to talk to an insurance agent who specializes in selling high-risk policies. He or she may be able to identify relatively affordable policies that come with short probationary periods. Although the ever-changing life insurance industry offers few guarantees, it may be worthwhile to sit down with such an agent to discuss your options. There aren't too many reasons to invest in a life insurance policy after turning 60. Once you've paid for your house and your kids' college tuition bills, you may have few major ""overhead"" obligations left on your financial plate. Although term life insurance policies typically produce high rates of return for younger policyholders, your expensive policy may produce sub-par returns relative to the stock or bond markets. Before opting to purchase a term life policy, consider whether your money could earn a better rate of return in another investment vehicle. "
Can My Criminal Record Transfer to Another State?,"When you’re arrested and charged with a crime, a record of the event is entered into the database that local and state law enforcement agencies use to monitor the criminal records of various members of the public. These databases can be accessed by virtually any American law enforcement agency that chooses to subscribe to them. These days, most major law enforcement agencies communicate freely with one another using these databases as well as other tools and resources. When you’re convicted of a crime, a record of your conviction will be entered into the database that’s used by the jurisdiction in which you were tried. This will be a matter of permanent record and may show up on background checks conducted by prospective employers, security-clearance issuers, landlords, mortgage lenders, and many other parties. Unless your criminal record is expunged by a judge, you’ll live with this blemish on file for an extended period of time. Certain serious crimes like aggravated assault, rape, and murder may remain on your criminal record on a permanent basis. Less-serious misdemeanors may drop off of your record after five, seven, or 10 years. These reporting windows vary according to the policies of the jurisdiction in which you were tried and convicted. It’s very difficult to “outrun” your criminal history. Before law enforcement databases were widespread, it may have been possible to avoid full responsibility for past transgressions. Convicted criminals who moved across state lines could often avoid accounting for their crimes for years at a time. As recently as the 1970s, background checks were far less thorough and often produced glaring inconsistencies and information gaps. Convicted criminals felt little obligation to report their convictions on the:   How Do I Get a Copy of My Criminal Record? Inter-agency information-sharing protocols simply weren’t highly developed and couldn’t keep up with an increasingly mobile population. This has changed decisively. If you have a criminal record, it’s now impossible to outrun it for any sustained period of time. Once you take up residency in a new state, your local motor vehicle bureau will be able to see all of the vehicular infractions in which you’ve been involved during the past several years. Once you apply for a job in your new home, the customary background check to which your employer will subject you is liable to turn up any record of past arrests or criminal convictions. Finally, you’ll be at risk for arrest on any outstanding warrants that you may be carrying. These arrests typically happen during routine traffic stops. "
Can You Put Someone on Your Health Insurance Who Is Not a Family Member?,"As healthcare costs continue to rise, health insurance is more important than ever. Unfortunately, it's becoming increasingly complicated: New regulations threaten to upend the status quo and inject new layers of uncertainty into an already chaotic insurance picture. If you've recently purchased a health insurance policy or have become eligible to do so through a new employer, school or trade association, you'll need to set aside a significant amount of time to read through your policy's literature and get a grip on your options. Most public and private insurance providers will permit you to add certain qualifying family members to your policy. For instance, most employer-sponsored group health plans willingly accept the spouses of covered members at a significant discount to the cost of individual coverage. Most employer-sponsored insurers also offer ""family plans"" that cover minor and adult children as well as spouses. These plans are often far more generous than individual plans and may offer low-cost prenatal, primary and preventative care. In many cases, your insurance provider will permit you to carry virtually any family member that you can claim as a dependent. Such family members might include your elderly parents, adult children and disabled relatives. You'll need to check with the insurance regulator in your home state to determine who might qualify for inclusion on your policy. Unfortunately, the law is less clear on your ability to carry individuals to whom you're not related by blood or marriage. If you live in a state in which common-law marriage is legal, you may be able to include your common-law spouse on your health insurance plan without much difficulty. Although cutoff dates for common-law eligibility can vary, it's likely that you'll be able to carry an opposite-sex domestic partner with whom you've been living for more than 10 consecutive years. If common-law marriage is not legal in your state, you may not be able to carry an opposite-sex partner unless some form of recognized domestic partnership exists in your jurisdiction. Under most domestic partnership laws, members of the opposite sex can apply for domestic-partnership rights without officially agreeing to marry. If you wish to carry a same-sex domestic partner on your health insurance, you'll need to make sure that your state confers equal domestic partnership benefits on same-sex couples. Likewise, you'll need to check with the proper authorities to ensure that your state recognizes same-sex common law marriages. If this is the case, your insurance company will consider your partner to be your blood relative for the purposes of your policy. "
Why Did Geico Increase My Auto Insurance Rate for No Reason?,"As a Geico customer, you're probably used to paying a fairly attractive annual premium in exchange for your auto insurance coverage. Unlike some full-service auto insurance companies, Geico is known for charging below-market rates for its policies. Unlike many bargain-basement auto insurance companies, Geico is also known for providing responsive claims service and dispensing prompt payouts to drivers who deserve them. As such, it's often said to occupy a ""sweet spot"" niche between discount and full-service providers. In addition, it enjoys excellent customer satisfaction rankings and experiences relatively low turnover rates. However, Geico has some key drawbacks. While it's an attractive insurer for mature drivers with stellar driving records, it's not an ideal carrier for younger drivers with blemished driving histories. It's known for raising accident-prone drivers' premiums by more than many other insurance companies. As such, it has developed a reputation as a ""trap"" company that charges new customers low premiums to earn their business and then jacks up its rates at the first sign of trouble. Unlike full-service providers like Allstate and State Farm, Geico doesn't offer a blanket ""accident forgiveness"" discount. While it does reserve the right to overlook a single speeding ticket or at-fault accident during a five-year period, its standards for doing so are far stricter than those of its peer companies. Despite this fact, Geico specifically targets young drivers with affordable policies and clever advertising. If you believe that Geico has unfairly increased the premiums on your policy, you'll need to speak with one of the company's customer service representatives. It's unusual for an insurance company to raise its premiums without cause. In fact, most insurance companies reduce the premiums that they charge their loyal customers over time to increase customer retention rates. If you're unable to get a straight answer from your representative, you may wish to check with your state's insurance regulator. Most states permit insurance companies to raise their premiums once or twice within a given calendar year. Unless they're made on individual policyholders in response to specific incidents, these increases must be approved by the proper regulatory authorities. To justify these rate hikes, insurance companies point to a variety of factors. These might include higher general operating costs or an uptick in the number of accidents in a particular state due to unusually bad weather conditions. Fortunately, you can fight back against such an ""unfair"" rate increase by shopping around for a new insurance provider. "
Can I Claim My Mortgage and My Parents’ Mortgage on My Tax Return?,"As a homeowner, you're probably aware that you can deduct a healthy portion of the interest that you pay on your mortgage from your total taxable income. In order to claim this deduction, you can't fall in one of the top two tax brackets and must file your taxes as either a ""single"" or ""married"" filer. You can't choose the ""married filing separately"" option that many taxpayers utilize to save money on certain business expenses. You must also refrain from deducting any of the principal that you paid on your mortgage. If you fail to adhere to any of these basic requirements, you may be at risk for an IRS audit. There are some circumstances in which you may be able to deduct the interest on your parents' mortgage from your own taxable income. If you pay the mortgage on your parents' house, you can't simply claim the applicable interest payments as a deduction. The IRS assumes that any funds used in this manner are intended for use as ""gifts."" Unfortunately, gifts are neither taxable nor tax-deductible under current federal law. In other words, your parents won't be liable for paying taxes on the mortgage payments that you make on their behalf. However, you won't be able to claim these payments as tax-deductible expenses. This general rule contains several key loopholes. If you can define your parents' house as your ""second home,"" you may be able to deduct the interest that you pay on its mortgage from your taxable income. You'll need to ensure that the deed to the house is in your name before attempting to make this deduction. If your parents compensate you for the time that they spend in ""their"" house, you'll also need to spend at least 36 nights per year at the house. This is because the IRS requires homeowners who rent out their second homes to use them as their primary residences for at least part of the year. Otherwise, such a maneuver would constitute an abuse of the federal laws that govern rental properties. If your parents live in the house on a rent-free basis, you're not required to spend any time there. For the IRS's purposes, the house might as well be sitting vacant. It's important to note that you can't deduct any mortgage interest on a mortgage that's worth more than the house that secures it. In most cases, you'll need to provide the IRS with two Form 1098s as proof of your mortgage debts. "
How Much Will My Car Insurance rate Go Up for Three Points on My License?,"Your auto insurance costs are dependent upon several factors. In addition to your age, physical location and vehicle make, your annual premiums are also governed by various demographic factors and life decisions. If you’re a student, you may qualify for a “good student” discount as long as you can keep your GPA above a pre-determined level. Likewise, you may qualify for significant rate reductions on your total insurance costs provided that you “bundle” your auto insurance policy together with your homeowner’s and life insurance policies. Most insurance companies offer these bundles to qualifying homeowners. Despite all of these new bells and whistles, your auto insurance premiums are still certain to be affected by the most important factor of all: your driving history. American auto insurers use a relatively straightforward “points” system to determine how much their customers ought to pay for insurance. These “points” are identical to those used by the various state motor vehicle bureaus. In fact, most auto insurance companies calculate their customers’ auto insurance premiums using annual reports from the motor vehicle bureaus in their home states. Since most of these departments communicate freely with one another, insurance companies are able to obtain information about “out-of-state” vehicular crimes and accidents in which their customers are involved. In other words, you’ll be held accountable for the mistakes that you make behind the wheel no matter where you are when they occur. Depending upon the laws in the state in which they’re issued, most minor moving violations account for one or two “points” on your license. Such violations could include low-level speeding tickets and basic transgressions like “failure to signal.” More serious moving violations might include serious speeding tickets, red-light violations and reckless driving. If you’re pulled over for exceeding the posted speed limit by more than 20 miles per hour or swerving through multiple lanes of traffic, you can expect to receive three points on your license. The precise effect of a three-point violation on your annual insurance premiums will depend upon the policies of your insurance provider. In general, you can expect such a violation to boost your premiums by between 50 and 100 percent. If you’ve been cited for additional moving violations within the past three to five years, you should expect your premiums to rise by 100 percent or more. If your driving record is otherwise clean, your premiums might rise by far less than this amount. "
How Do I File a Homeowner’s Insurance Claim for Theft with No Receipts for the Stolen Goods?,"If you sustain significant property damage or loss during the course of a burglary or home invasion, some or all of the associated costs may be covered by your homeowner's insurance policy. Most such policies contain robust protections for robbery-related expenses. In fact, even the most basic homeowner's insurance policies are liable to pay out for such events. Provided that they aren't arranged at your behest, robberies and burglaries fit the classic definition of ""sudden and accidental"" to which most insurance policies adhere. Unlike the persistent water leaks that most homeowner's insurance policies won't cover, robberies and burglaries can't reasonably be foreseen. To ensure that you'll receive a quick payout on any claim that you make following a robbery or burglary, get in the habit of keeping purchase receipts for all of the items of value in your home. Such items might include jewelry, electronic equipment, furniture, appliances and kitchenware. Be sure to ask your insurance provider whether your policy covers the full cost of replacing all common household items. Many discount homeowner's insurance policies don't cover such valuable items as diamond necklaces, gold rings and rare art pieces. If these items are stolen during the course of a robbery, you may be in for an unpleasant surprise when you try to file a claim for them. In most cases, your homeowner's insurance provider will require you to take out supplemental insurance policies on each item that's worth more than a pre-determined amount. Alternatively, you could pay an additional premium to take out a ""rider"" on your current insurance policy. The cost of each option may vary according to the policies of your insurer and total value of the items involved. Since relatively few homeowners keep detailed records of the purchases that they make, most insurance companies will approve claims for stolen goods without requiring claimants to produce purchase receipts for each individual item. However, most insurance companies do require their policyholders to file police reports immediately after learning of the robbery. If your home is robbed, be sure to make an official police report. During the course of the investigation, you'll need to answer some basic questions about the circumstances surrounding the robbery. You'll also need to account for each stolen item. Once an official report has been filed, ask your local police department for a copy. You'll need to provide this to the claims adjuster who reviews your case. "
How Long After Leaving a Job Does Your Health Insurance Become Void?,"If you’re like most Americans, you’ve watched your health insurance costs jump significantly during the past decade. Since 2000, the average American’s health insurance costs have risen by more than double the rate of inflation. This has caused many major companies to scale back or eliminate the health insurance coverage that they’ve traditionally provided for their employees. If your employer still provides you with an attractive health insurance benefit plan, you should consider yourself lucky. In most cases, workers are paying a growing share of their own health insurance costs. Of course, you’ll almost certainly be on the hook for the cost of your health insurance policy after you leave your current job. Unless you’re able to negotiate ongoing benefits as part of your severance package, you won’t be able to rely on your employer to continue to pay for your health insurance coverage once you’re no longer employed. You probably won’t be able to negotiate such ongoing coverage unless you worked for your employer for decades or held a position of relative importance within the company. Once you quit your job, you’ll probably have health insurance coverage until the end of the month in which your last day of employment falls. Can I Reimburse Myself for Health Insurance Costs Through My Company? Fortunately, you have several options to ensure that you remain eligible for ongoing coverage. The most common of these is COBRA coverage. Enacted in 1986, COBRA is a complex law that requires employers to make group health insurance benefits available to:   These benefits are available for at least 18 months from their termination date. Once you leave your job, you can wait up to 60 days before electing to receive COBRA benefits. If you miss this deadline, you’ll lose your opportunity to do so. It’s important to note that you’ll be responsible for paying the full cost of your COBRA coverage. If you leave your job temporarily, you may be able to continue receiving health insurance benefits until you return. If you’re on maternity or disability leave, your employer is required to continue to provide coverage under the Family and Medical Leave Act. You’ll continue receiving these benefits until a doctor clears you to return to work. However, you’ll become ineligible for continuing benefits after choosing not to return to work once you’re able to do so. Depending upon your employer’s policies, you may actually be on the hook for the health insurance premiums that your employer paid during your leave of absence. "
Will Homeowner’s Insurance Cover Damage to My Attic Caused by Snow?,"If you're like most homeowners, your homeowner's insurance policy is paid for with an escrow account administered by your mortgage lender. While you have complete control over your policy and are free to speak with a representative from you provider at any time, you may go weeks or months without even thinking about your homeowner's insurance coverage. Of course, you probably sleep easier with the knowledge that you won't have to pay out of your own pocket for certain damages to your home. There are three basic types of homeowner's insurance policy. Unless you live in a disaster-prone area or own a new, expensive home for which your mortgage lender insists that you provide top-of-the-line coverage, you probably have a ""broad form"" policy that covers some or all of the costs associated with a wide range of potential problems. Most ""broad form"" homeowner's insurance policies cover the cost of cleaning up and repairing damages associated with sudden weather events, car-striking-house accidents, vandalism, theft, neighborhood explosions, riots and malfunctioning appliances. In general, this type of insurance policy covers most events that can reasonably be considered ""sudden"" or ""accidental."" Fortunately, rooftop snow and ice buildup generally meets this definition. Despite the fact that winter precipitation can build up on your roof over the course of many weeks and may only cause problems when it begins to melt or becomes particularly heavy in late winter, most homeowner's insurance providers will pay for structural damage or water-related issues that arise as a result. You'll be able to file a successful claim for problems ranging from a partially-collapsed roof to an electrical shortage caused by a persistent leak from your roof into your attic. However, you shouldn't automatically assume that your homeowner's insurance policy will cover the cost of cleaning up or repairing damage associated with excessive snow and ice buildup on your roof without first contacting your provider. Some providers consider such buildups to be preventable and may only pay for a small portion of the associated costs. Others specifically exclude homeowners who live in certain regions. If you live in a snow-prone region that sees massive snows followed by sudden springtime melts, you may wish to check the fine print of your policy to determine whether you're covered. Common ""snow-prone"" locations that may be excluded from coverage include high terrain in the Sierra Nevada, snow belts near the Great Lakes, and arctic or subarctic locations in Alaska and northern Canada. "
Can an Employer Cancel Your Health Insurance while You Are Out on a Disability?,"The provision of health insurance is governed by a dizzying array of factors. If you have health insurance through your employer, there are pages upon pages of documents with which you must familiarize yourself in order to deal with unexpected situations. Health insurance is ruinously expensive to procure on the open market and counts as a significant operating expense for most American businesses. As such, you must recognize that your personal need for coverage is circumscribed by the simple fact that your employer is locked in a constant struggle to reduce the financial burden of providing insurance for its employees. So can an employer cancel your health insurance while you are out on a disability? If a sudden or chronic injury renders you temporarily unable to perform your job duties, you may qualify for temporary disability protection under the Family and Medical Leave Act. This federal law permits you to remain home from work or significantly reduce your job duties for a fixed period of time without jeopardizing your employment status. Under the terms of the FMLA, you won’t be terminated for sustaining an injury on or off the job. Further, you’ll be permitted to return to work in your former position once you’re healthy enough to work. Your leave will be controlled and supervised by a medical professional. In other words, you’ll qualify for FMLA leave only if your doctor judges that your injury renders you unable to perform your job duties. You’ll be able to return only if your doctor clears you to resume your former duties. While you’re on medical leave, you’re protected by several important federal regulations. Under most circumstances, the Family and Medical Leave Act will protect your health insurance benefits until you’re ready to return to work. Under the terms of your leave, your employer may not terminate your health insurance benefits simply because you’re unable to perform your job duties. Likewise, your employer can’t terminate your benefits simply because they’ve become a financial burden. Events that qualify for continuing benefits under the FMLA include: In addition, the Affordable Care Act prohibits your employer’s insurance provider from dropping you from its plan simply because you’ve developed a disability. Under the terms of the law, insurance companies can no longer drop their policyholders from coverage due to “pre-existing” conditions. However, you must return to work once you’ve been cleared to do so in order to continue receiving health insurance benefits. Otherwise, you’ll need to enroll in the federal COBRA program. "
Where Does a 1098-T Go on My Taxes If I Do Them Online?,"If you’re a student committed to financing your education out of your own pocket, the IRS’s Form 1098-T is a crucial component of your annual tax return. Before you can properly file your taxes, you’ll need to obtain your 1098-T and ensure that it’s included with the package that you send to the IRS. If you’re filing your taxes manually, this is easy. Your higher education institution is required to send you a Form 1098-T by the end of each February. Once you receive it, you’ll use it to fill out your tax return and retain the document for your records. Although it’s used by millions of hardworking American college students on an annual basis, Form 1098-T is often overlooked by tax preparation specialists. Most of the tax filers who use the form have relatively few assets and don’t often utilize in-person tax filing services. The form is simple enough to understand. It contains a written accounting of the exact value of the tuition payments that you’ve made to your school over the course of the past year. If you attended multiple higher education institutions over the course of the tax year, you’ll receive a Form 1098-T from each of them. The form also contains an account of all of the information that you’ve received from your college or university, Like: While these payouts don’t directly offset the tuition payments that you made to the institution, they’re important because they may have tax implications of their own. In certain situations, you may be required to claim these payouts as taxable income. Any scholarships or grants not specifically earmarked for education expenses like tuition fees and school supplies will almost certainly count towards your total taxable income for the year. Now that online tax filing is prevalent, the protocols for Form 1098-T have changed slightly. The IRS still requires your school to send you the form by the end of each February. However, you may elect to receive the form electronically. If you choose to do so, you’ll want to print a copy for your records. If you file your taxes online, you’ll need to copy the information contained on your Form 1098-T into the appropriate box on your online tax return. You must make sure to transcribe the “debts” and “gains” figures onto your tax return accurately. If you make an erroneous transcription, you may face an IRS audit. "
What Happens to a Mortgage When Its Holder Dies?,"The value of a modern mortgage can be staggering. Depending upon the cost of the property for which the loan was obtained, the value of an individual mortgage can easily exceed $100,000. The value of some ""jumbo"" mortgages can approach $1 million. When a mortgage holder dies with a portion of his or her loan outstanding, the bank that underwrote the credit facility must ensure that it's repaid in a timely fashion or risk taking an enormous financial hit. If you're worried about becoming financially responsible for a loved one's mortgage payments, you'll want to keep a few things in mind. It's important to note that this situation occurs relatively infrequently. This is because most mortgages come with 30-year repayment terms. While three decades sounds like a long time, remember that most mortgage holders take out their loans when they're relatively young. A 30-year-old who takes out a 30-year mortgage will have the obligation paid off by his or her 60th birthday. According to recently-compiled life expectancy statistics, this is at least 20 years shy of the age at which a healthy American homeowner becomes likely to pass away. Of course, not every home buyer is only 30 years old. However, older home buyers tend to have greater reserves of savings with which to finance their purchases. A 50-year-old house hunter at the height of his or her career is far more likely to be able to afford a home than a 30-year-old at the bottom of the corporate food chain. As a result of this simple but powerful dynamic, it's relatively rare for a homeowner to die with a significant portion of his or her mortgage outstanding. When a homeowner dies with a balance remaining on his or her mortgage, the mortgage becomes a liability on his or her estate. If the homeowner carried a valid life insurance policy, the policy's death benefits may be sufficient to offset the remaining mortgage balance and pay off its underwriter. In fact, many supplemental life insurance policies contain specific provisions that provide guaranteed mortgage payoffs regardless of the amount of money required to settle the debt. In the absence of a life insurance policy capable of offsetting the mortgage's outstanding balance, it's likely that the mortgage lender will foreclose on the property. Once this has been done, the lender will sell the house and use the proceeds to settle the loan's balance for good. "
My Car Slid on a Patch of Ice and Crashed into a Guardrail. Will My Insurance Rates Go Up?,"The cost of car insurance depends upon dozens of factors. Your age, state of residence, previous driving history and many other data points will determine the exact amount that you'll be required to pay your insurer each month. In some cases, even the method with which you pay your premiums can affect your policy's cost: Many insurers offer discounts for customers who make single payments for multiple months of coverage. If you can afford to do so, consider paying for your coverage in six-month or one-year blocks. Unfortunately, most single-car accidents have an inflationary effect on insurance premiums. If you report such an accident to your insurance company, a record of the incident will be added to your file and will be incorporated into the company's annual reassessment of your policy. If it's the only accident in which you've been involved for several years, you may earn a reprieve from higher premiums. On the other hand, your insurer may deem the incident to be indicative of a pattern of reckless or negligent driving. This is especially likely if you've been involved in other accidents in the recent past. In this case, your premiums will almost certainly rise. Before you report the accident to your insurance company, you'll need to make an important judgment. The claims adjuster assigned to your case might argue that the accident was caused by your negligence. The poor weather conditions that contributed to the crash may actually encourage him or her to deny your claim outright. To support this judgment, he or she is likely to assert that you were ""driving too fast for conditions."" Even if the ice on which you slid wasn't visible before you struck it, your adjuster may argue that you should have assumed that ice would form in sub-freezing temperatures and adjusted your driving behaviors accordingly. This could have serious financial consequences. In addition to being forced to pay out-of-pocket for any repairs to your vehicle, your premiums will almost certainly increase as a result of your perceived negligence. As such, you may not wish to notify your insurance provider of a minor single-car accident that causes no personal injury or serious damage to your vehicle. However, you must report the incident to the police in the event that your vehicle damaged the guardrail. If you do so, you'll also have to make a report to your insurance provider and face the possibility of higher rates. "
Do I Have to Pay Income Taxes on a Life Insurance Payout?,"The U.S. Income Tax Code is complex and confusing. In most cases, the income that you earn is taxed according to your total annual earnings. In theory, the country’s tax laws are set up to favor workers with relatively low incomes over workers with relatively high incomes. Depending upon your annual earnings, your income will be taxed at one of several “marginal rates” each year. These rates can be changed by Congress and fluctuate on an occasional basis. Current tax rates for the top category of wage-earners are about 40 percent of total taxable income. For earners in the bottom bracket, this figure is about 10 percent. Certain types of “unearned income” are not considered taxable. When you receive unearned income, you must claim it as part of your gross income on your tax return. However, it won’t factor into the final calculation of your taxable income. In effect, the total amount of your unearned income will function as a deduction that may be applied to your gross income. Like a regular tax deduction, it will shrink the portion of your income that the federal government considers to be taxable. “Unearned income” may include unemployment benefits and court settlements. In most cases, life insurance proceeds also fall into this category of income. You generally don’t need to claim the income that you receive from a life insurance policy on which you’re named as a beneficiary. There is a notable exception to this general rule. A portion of the benefits that you receive through an employer-sponsored life insurance plan may be taxable under federal law. If you receive benefits from an employer-sponsored policy, you’ll be able to claim at least $50,000 of these as unearned income. Beyond that amount, you’ll have to pay taxes on any benefits that you receive. For instance, you’ll need to pay taxes on 87.5 percent of the proceeds that you receive from an employer-sponsored plan that carries a death benefit of $500,000. Before you assume that your life insurance benefits are not taxable, consult with your tax attorney or a tax preparation specialist. You should also check with your state’s revenue service. In certain areas of the country, there may be state-level exceptions to the “unearned income” rule that governs life insurance proceeds. For instance, your earnings may be subject to your state’s estate or inheritance taxes. The rates on these types of taxes can be quite high. If you’re like most life insurance policyholders, you’re committed to ensuring that your family remains comfortable and solvent after your death. Whether your life insurance policy is structured as a temporary “term” plan or a permanent “whole” plan, chances are good that you’ve purchased enough coverage to support your family for many years to come. Unfortunately, your premium payments might be acting as a drag on your short-term budget. Depending upon the size of your policy, your life insurance payments could add up to several hundred dollars per month. In order to reduce this burden, you might be thinking about claiming these payments as a tax deduction or business write-off. According to the IRS, private taxpayers and business owners are not permitted to claim their life insurance premiums as a tax deduction. This is due to the fact that life insurance benefits generally aren’t subject to regular taxation. Since the vast majority of life insurance beneficiaries aren’t required to pay taxes on the benefits that they receive, it would be redundant for the IRS to provide policyholders with a tax break. In effect, life insurance policies function like Roth IRA plans: Whereas their premium contributions can’t be subtracted from the policyholder’s taxable income, their benefits accrue on a tax-free basis. There are certain situations in which life insurance benefits may be taxable. For instance, a business that purchases an individual’s life insurance policy for investment purposes might be required to pay taxes on its eventual proceeds. In this special circumstance, the business’s principal might be able to claim the policy’s ongoing premiums as a business expense. If the policy results in a payout, its proceeds would remain taxable at regular capital gains rates. If the policy expires without issuing a payout, the principal might be required to pay back the entire taxable value of the deducted premiums. This is a rare, complicated tax situation. If you find yourself grappling with such a scenario, you should talk to a licensed tax professional to determine your exact tax liability. For private taxpayers, the benefits that accrue on unusually large employer-sponsored group term life insurance plans may also be taxable. If you hold such a policy, you may have to pay taxes on some of the contributions that you make on it. Likewise, the policy’s beneficiary will have to pay taxes on any death benefits that exceed the IRS’s $50,000 payout limit. If your policy pays out a benefit of $150,000, your beneficiary will have a tax liability of $100,000. "
How Do I Deposit Money Into My PNC Account when the Bank Is Closed?,"PNC is one of the nation’s largest and most prosperous retail banks. It operates thousands of branches across the country and maintains a robust network of loan officers and bank tellers. If you have a PNC deposit account and you wish to know how to perform certain account-maintenance tasks, the company also provides a toll-free hotline staffed with trained representatives. Unlike some smaller institutions, its call center is a dedicated facility that deals exclusively with PNC customers. It’s located in the United States and remains open late into the night. Unfortunately, PNC’s call-center representatives can’t remotely process an after-hours deposit. To add funds to your PNC account after your branch has closed, you’ll need to use one of the institution’s remote-banking services. Most PNC customers who wish to make after-hours deposits visit one of the bank’s dedicated ATMs. There’s a dedicated ATM located in the vestibule of every PNC branch in the country. If you’re not near a branch, you may be able to find an ATM with a prominently-displayed PNC logo at a convenience store or in a popular public area like a student union or the lobby of a major commercial building. In most cases, these ATMs are located in secure, high-visibility locations and are brightly lit after dark. You can use PNC ATMs to make: You’ll need your debit card to complete the transaction. Once you insert your card into the machine, you’ll need to enter your PIN and follow the prompts until you’re asked to insert your deposit. Since you may need to encase your deposit in a sealed envelope, be sure that this machine can dispense envelopes before proceeding with your deposit. Be sure to endorse your checks and correctly tally your total deposit amount on the envelope. If you don’t have access to a PNC ATM or can’t use one because you’re unable to locate your debit card, you may still be able to make your deposit. All PNC branches sport night-deposit boxes for businesses and individuals who wish to make after-hours deposits. This is your only option for depositing cash into your account without the aid of an ATM. However, you’ll need to place your deposit into a deposit bag that includes a deposit slip with your account number on it. If you can’t procure either of these items, you won’t be able to make your deposit using a night-deposit box. "
Does Your Car Insurance and Registration Have to Be Under the Same Name?,"In most cases, the owner of a vehicle will insure it in his or her name. This is a practical and logical arrangement. It guarantees that the person who has a financial interest in the vehicle’s continued existence also enjoys the benefits of its insurance policy. However, there are a few circumstances in which the owner of a vehicle may not wish to insure it in his or her name. This often occurs when the vehicle’s owner is not its primary driver and does not wish to pay for insurance coverage on it. In most jurisdictions, it’s perfectly legal for an individual to insure a vehicle in his or her name without actually owning the car. However, some individual insurance companies may refuse to underwrite a policy on a given vehicle without the explicit consent of the vehicle’s owner. Some companies may even require that the name on the car’s title matches the name on its insurance policy. This is to minimize the possibility that the vehicle will be used in a manner that violates the terms of its coverage. For instance, a parent might permit his or her college-age daughter to use a family vehicle under the condition that she insure it in her name and pay the policy’s monthly premiums. This policy is likely to be initiated in the state in which the car is registered. However, the girl might travel a significant distance from home to work or attend college without re-insuring the vehicle in her new location. As such, she might implicitly violate the terms of her insurance policy. Rather than deal with this headache, some insurers prefer simply to deny coverage in this situation. Insurers that do choose to initiate coverage in such a situation are likely to charge higher premiums to offset their perceived risk. It’s important to remember that anyone who drives a given vehicle on a regular basis must be listed as a driver on its insurance policy. This is true regardless of the identity of the vehicle’s owner. A driver who lives in a household with multiple other licensed adults must be sure to list all of his housemates as active drivers on his vehicle’s insurance policy. In certain situations, auto insurance providers might be more lenient. For instance, insurers often permit business owners to obtain personal insurance policies for vehicles titled to their LLCs or S-corporations without levying penalty premiums. To learn more about car insurance, you can also check out What does comprehensive coverage on auto insurance mean? "
How Many Americans Really Do Not Have Health Insurance?,"Healthcare provision is a contentious issue with numerous ramifications for public policy on both the state and federal levels. Recent legislative battles over the American healthcare system culminated in the passage of the Affordable Care Act. This sprawling new law was intended to make health insurance more affordable and widely available. While it did not establish a ""single-payer"" healthcare system modeled on the nationalized insurance providers found in some other developed countries, the Affordable Care Act did create a ""mandate"" intended to compel private citizens to obtain health insurance. Under the Act, most Americans will continue to secure health insurance through their employers or fraternal organizations. Others will continue to purchase single plans on the open market. However, Americans who don't currently carry health insurance will be required by law to obtain it in some form. The federal government reserves the right to fine certain private citizens who choose not to buy health insurance. While it's difficult to gauge the exact number of Americans without health insurance at any given moment, most credible sources place this figure at between 40 and 45 million. In other words, one American in seven lacks even basic health insurance coverage. Many consumers who do carry health insurance may do so through discount policies that don't provide adequate coverage in certain situations. These policies may have high co-pays for basic services or medicines. They many not cover emergency-room visits or cover most of the cost of ""catastrophic"" illnesses that require lengthy hospital stays. They may have a patchy network of primary-care physicians and medical specialists. According to some estimates, nearly 40 million Americans have ""inadequate"" health insurance. Due to the complexity of the nation's healthcare system, the effects of the widespread lack of adequate health insurance coverage are difficult to quantify. Some groups claim that nearly as many Americans are killed by poor health insurance coverage as by incidents of medical malpractice. By more sober estimates, over 20,000 people die each year as a direct result of inadequate insurance. Historically, ""charity"" or public hospitals have shouldered the burden of providing essential medical care for Americans who lack health insurance. However, many of these hospitals are being purchased by private medical systems or closing down due to age or inadequate streams of funding. As more Americans use the Affordable Care Act to procure health insurance, this trend may accelerate. Medical care for the remaining population of uninsured Americans could become even more elusive. "
Should I Use TurboTax Freedom Edition?,"These days, most American taxpayers choose to file their taxes online or with the help of professionally-designed computer software products. There are dozens of tax-filing programs that exist both in the cloud and in ""hard"" form. These programs can be purchased on their issuers' websites or in stores that sell common software products. They tend to be less expensive and potentially less time-consuming than most tax preparation specialists. However, they may not be ideal for high-income filers. Taxpayers who earn the bulk of their income from investment vehicles that bear interest or produce capital gains prefer to hire tax specialists to ensure that their filings comply with IRS regulations. Some even choose to hire tax attorneys to tease out the tax implications of certain activities. These professionals specialize in minimizing their clients' overall tax liabilities. Nevertheless, cloud-based tax filing software is sufficient for most middle-income filers. If you're looking for a filing program that fits your needs, you may wish to consider TurboTax Freedom Edition. Don't confuse Freedom Edition with TurboTax's similarly-named ""Free Edition."" These products are clearly distinct from one another. As its name suggests, TurboTax Free Edition provides free federal tax filing services for users with relatively simple tax burdens. If you're a single-income earner with few credits or deductions to claim and little in the way of investments or property, Free Edition might be adequate for your purposes. The program allows you to file IRS Form 1040-EZ quickly and immediately calculates your estimated refund or liability. If you're entitled to a refund, it sets up a direct-deposit arrangement with the IRS and notifies you when your refund is on its way. Unfortunately, Free Edition doesn't provide free state tax filing services. TurboTax charges $25 to $30 for every state tax return filed using this program. Free Edition also isn't equipped to handle tax situations that can't be described using Form 1040-EZ. If you own your own home or maintain a sizable investment portfolio, you should use Freedom Edition. In most cases, this product costs less than $50 per use and offers many of the services that an in-person tax specialist typically provides. However, it does have some drawbacks. If you're a returning TurboTax customer, Freedom Edition won't allow you to ""import"" the income and tax information that you entered in prior years. It may also be inadequate for complex tax circumstances. If you own your own business, you should consult an experienced tax professional. "
What Is the Best Life Insurance Company to Work for with Great Commission?,"The American life insurance industry is comprised of nearly 1,000 individual companies. Collectively, these outfits are responsible for a national portfolio of outstanding life insurance policies worth over $18 trillion. Of course, most of this floating portfolio is comprised of term life policies that will expire worthlessly. Much of the rest is made up of whole or universal life insurance policies that produce interest and dividend income for their issuers. Many whole life insurance company issuers earn tidy sums from these policies. The country’s life insurance industry directly employs tens of thousands of people and is responsible for hundreds of thousands of other jobs. Since many major life insurance issuers also sell other forms of insurance, it’s difficult to quantify the exact number of “life insurance” agents working at any given time. These major employers are responsible for many of the cushiest entry-level positions in the industry. Some publicly-traded providers offer generous compensation packages that include solid health and retirement benefits. After a typical probationary period, direct-selling agents may earn handsome commissions on the policies that they originate. Most of the companies that offer such benefits are mature, established firms with recognizable names. Allstate, State Farm, and Northwestern Mutual are reputable insurance providers that pay competitive salaries and commissions. As larger concerns, these companies have well-defined corporate hierarchies and tend to promote from within. Competent agents tend to earn regular promotions and may eventually occupy positions of relative importance. In addition, these companies’ reputations may help smooth the way for agents who wish to change providers or careers. Across the industry, managers and executives generally respect Allstate, State Farm, Northwestern Mutual, and other similar companies. Former agents from these companies may transition easily into high-ranking positions at smaller or younger life insurance providers. Are Life Insurance Benefits Taxable? Other life insurance providers offer: However, these outfits tend to make up for these shortcomings by paying competitive commissions and offering generous “overrides” for management-level employees. The corporate culture at these companies tends to be competitive and individualistic. While some experienced agents who transfer from other companies may thrive in cutthroat environments like these, most find such competition distasteful. Successful life insurance providers that operate in this niche often hire young agents willing to work long hours for low starting salaries. Primerica Financial is well-known for taking this approach. To boost employee morale and retain talent, this company offers generous override packages to its “team leaders.” "
How Do I Find a List of Doctors Who Take Amerigroup Health Insurance?,"As the cost of medical care continues to rise and millions of new high-risk patients enter the insurance market, it's becoming increasingly difficult for healthy individuals to find low-cost health insurance. If you're lucky enough to have access to an affordable Amerigroup health insurance plan, you have a range of primary-care providers and specialist doctors at your disposal. However, you'll still need to spend time researching each of these providers to ensure that they accept your particular plan without restriction. If you live in a densely-populated area, you stand an excellent chance of finding a local doctor who will do so. You can find your doctor in one of several ways. First, you can call Amerigroup using the contact number in your plan documents. If you've been provided with a local phone number in addition to the company's national hotline, call the local number first. You're likely to be connected to a representative who's familiar with your local medical community and can give you off-the-cuff directions and tips. If you haven't been provided with a local number, call the national hotline. Depending upon the time of day at which you call, you may have to wait on hold for a few moments. To avoid competing with other customers for the attention of the company's call center representatives, try to make your call in the middle of the morning or afternoon. Avoid calling during the lunch hour or early evening. Alternatively, you can mail a request for a list of providers in your area to the contact address printed on your plan documents. Of course, the list may take several days to appear in your mailbox. You can also conduct an Internet search for a nearby provider through Amerigroup's proprietary website. Amerigroup allows you to search for in-network doctors by geographical area, medical specialty and Medicare or Medicaid eligibility. If you're looking for a general practitioner, it may be best to search by area. If you're willing to travel a significant distance to meet with a well-regarded specialist, search by specialty instead. If you require the services of a doctor who can bill you through Medicare or you currently participate in a state Medicaid program, you'll need to conduct your search according to those criteria. In any event, you'll receive the contact information and office location for each in-network doctor that your search uncovers. Use this information as the basis for further research. "
"If My Employer Reimburses My Tuition and then Issues Me a 1099, How Do I Reflect This on My Tax Return?","Many employers offer tuition reimbursements for under-educated employees interested in qualifying for better-paying jobs or learning more about specific job-related skills or techniques. Unfortunately, relatively few employees take advantage of these benefits. This is partially the fault of employers. While most American businesses receive generous subsidies and tax breaks to provide tuition assistance for certain employees, many companies simply don’t publicize these educational opportunities. In other cases, the fault may lie with employees who prefer not to “work” over time to learn new skills. Workers with grueling jobs often have little appetite for demanding night classes that can meet three or four times per week. If you’ve taken advantage of your employer’s tuition reimbursement program and received a Form-1099 to account for this extra “income,” you’ll need to keep a few things in mind. First, the reimbursements that you received through your employer’s program count as “unearned income” for tax purposes. “Unearned income” is reported on line 21 of your Form 1040. In addition, you can add the full value of each credit that you took under your employer’s plan to the “Lifetime Learning Credit” to which each taxpayer is entitled. This is a tax credit designed to offset tuition payments associated with stand-alone higher-education classes taken outside of the purview of a traditional degree program. However, this credit may also be used to offset the cost of credits taken within certain “continuing-education” degree programs as well. If you’re over a certain age, it’s likely that you’ll be able to claim all of your education costs under this credit. In certain circumstances, you may be exempt from paying any reimbursement-related taxes. Depending upon the amount of educational assistance that you received from your employer, the IRS may consider this unearned income to be completely tax-free. The federal limit for such a tax-free reimbursement designation fluctuates from year to year. As of the most recent tax year, this limit was set at about $5,500. If your employer designates the tuition reimbursement as an “employee benefit” of your position, it may also be exempt from taxation. Such a benefit might be included in your employment contract or in the “employee handbook” that you received at your post-hiring orientation session. In order for the IRS to accept this “employee benefit” designation, you and your employer will have to prove that the instruction that you received either maintained or enhanced your job-related skills base. "
"If I File Independent on My Taxes, Can My Parents Still Provide Me with Health Insurance?","One of the biggest changes wrought by the new Affordable Care Act is the newfound ability of parents to include their adult children in their healthcare plans. While most consumers are aware of this new rule, it remains shrouded in uncertainty. Many folks are unsure whether the rule applies to all individuals under the age of 26 or merely financially dependent adult children who are still being claimed as such on their parents’ tax returns. In fact, many financially independent adult children without access to affordable health care of their own are waiving their right to coverage because they assume that the new law does not apply to them. This course of action is not advisable. In most circumstances, the new federal law requires health insurance providers to provide coverage for any child under the age of 26 provided that a parent attaches him or her to an existing health insurance plan. This is true for: After 2014, insurance companies will be required to provide coverage under this rule to virtually any young adult who requests it. They will no longer be able to deny coverage to children with pre-existing health conditions. This new rule is not designed to provide young adults with a “free ride” on their health insurance coverage: These dependent children must pay the full cost of coverage on their parents’ plans. If they can’t afford to do so, their parents must pick up the cost of coverage. A “grandfather” clause in the Affordable Care Act creates a notable exception to this rule. Group insurance plans that existed before March of 2010 and have not been updated to reflect the Affordable Care Act’s changes may be exempt from the law’s new dependent-child coverage rule. Parents who have belonged to one of these group plans for years may not be able to use them to cover their adult children. Can I Be a Non-Dependent and Still Remain on My Parents’ Health Insurance? However, insurance companies may claim this exemption only when the dependent child in question demonstrates an ability to find group health insurance elsewhere. In other words, he or she must be able to secure insurance through his or her employer or educational institution. If the child lacks access to other forms of group insurance and would be forced to purchase expensive single-coverage insurance, the grandfathered plan must agree to cover him or her. Failure to do so would represent a breach of law on the part of the grandfathered insurer. "
Student Loan Payment Question: Will My Taxes Be Taken?,"The cost of tuition at the country's private universities is increasing by 5 to 8 percent each year. Public universities have the same problem: At some state universities' flagship campuses, tuition has more than doubled since 1990. The cost of so-called ""room and board"" has risen in similar fashion as well. The vast majority of American college students now require some form of financial support to cover their higher education expenses. It's true that some especially promising students are able to pay their way through school using ""merit-based"" grants that cover their education costs in the hopes that they'll pursue post-graduate academic careers. Meanwhile, the cost of tuition can be waived entirely for student athletes at institutions that belong to the Division I and Division II athletic conferences. It's important to remember that neither of these situations is especially common. In the majority of cases, students receive financial aid in the form of state, federal or private loans that must be repaid after graduation. If you attended college within the past two decades, it's likely that you have at least one student loan to your name. If these loans are adversely affecting your financial health and hampering your ability to provide for your family, you might be thinking about taking drastic measures to get your finances in order. Before you choose to stop making payments on your student loans, think about the consequences of this course of action. While they're not technically ""secured"" by a tangible asset like a piece of real property or a motor vehicle, student loans can't be discharged in bankruptcy. Federal law permits student lenders to recoup their losses on delinquent loans using a variety of harsh tactics. If you owe significant balances on your outstanding student loans, you may have to field angry calls from your lenders' collection-agency partners or respond to threatening letters or e-mails on a daily basis. You may also have to deal with wage and tax-refund garnishments. Unfortunately, these activities are perfectly legal. If you're seriously delinquent on your student loans and your lender determines that you'll be unable to repay your current balances in a timely fashion, your tax refunds may be seized on an annual basis. This may continue until your debts have been satisfied or until a judge demands that the seizures cease. You may be able to secure a temporary reprieve from these collection activities by declaring bankruptcy. "
How Do I File Taxes When I Am Paid Cash?,"Whether you’re paid by payroll check, direct-deposit transfer, or cash, you’re legally obligated to pay federal and state income taxes. While some business owners choose to pay their employees in cash to avoid paying some of their payroll taxes each year, this is a risky practice with serious financial consequences. Likewise, many employees who earn tips or receive a portion of their wages in cash may under-report their earnings. Some even fail to report their earnings altogether. This illegal practice also has serious consequences. So, how do I file taxes when I am paid cash? If you own your own business and receive most of your revenue as cash, you’ll need to hire an accountant to help you set up an appropriate tax arrangement. Depending upon the size of your business and the scope of its dealings, you’ll need to incorporate as an: There are benefits and drawbacks to each course of action. If you’re a “tipped” employee and earn the bulk of your wages in cash, you’ll need to ask your employer how best to report your taxes. Most restaurants have a computerized system that will allow you to enter the number of cash tips that you wish to “claim” as taxable. You’ll repeat this operation before the end of each of your shifts. If you earn tips as a valet parking attendant or golf caddie and have no facility for claiming your tips electronically, keep track of your cash earnings over the course of the year and write the total amount on your Form 1040 when you file your taxes for the year. Do You Have to Pay State or Federal Taxes on Money Received from a Life Insurance Policy? If you earn all of your wages in cash and don’t receive a W-2 form from your employer, you’ll need to request a 1099-MISC form from your employer or contract provider at the end of the tax year. You’ll use this 1099-MISC to claim income that you received as an independent contractor or earned as interest or dividends. Your employer or contract provider must keep track of the amount that they pay you over the course of the year. The IRS levies harsh penalties on businesses that fail to report 1099-eligible payouts of more than $600 to individual employees. If you don’t receive a 1099-MISC from your employer by the middle of February following the end of the tax year in question, contact the company and ask for one. You may need to remind your superiors of the consequences of not filing taxes. "
Can I Claim My Parents as Dependents for Health Insurance and Tax Purposes?,"The cost of health insurance increases with each passing year. If you're lucky enough to have a robust health insurance policy through your employer, union or educational institution, you're probably happy with your current arrangement. However, your loved ones might be jealous of the security net in which you're enveloped. If you're the only person in your family with health insurance coverage, you may be able to use your policy to obtain coverage for some of your relatives. Unfortunately, current laws limit the means by which you can do this. In addition, adding new people to a health insurance plan can be surprisingly expensive. Before you agree to add family members to your policy, take the time to get a good sense of their healthcare needs. Even if they appear to be healthy, they may have pre-existing conditions or injuries that require ongoing medical treatment. Such conditions could dramatically raise your total insurance costs. For instance, a family member with well-controlled diabetes could raise your premiums by 50 to 100 percent. A family member with a chronic condition like multiple sclerosis or lupus could raise your premiums by even more. In order to determine the cost of insuring additional family members, you'll need to talk to your group insurance provider. If you receive insurance through your employer, you'll have no choice but to secure additional coverage from this company. Most group health insurance providers frown upon clients who take out supplemental policies. In fact, such a move could be grounds for your removal from the policy. If you have single-coverage health insurance, you're free to solicit quotes from other providers as well as your current insurer. Be prepared to devote a significant amount of time to the research process. Finally, you'll need to determine the eligibility of each of your relatives. In most cases, you'll only be able to add your spouse and ""qualifying"" dependents to your plan. You probably won't be able to add your parents or adult siblings. However, it's important to note that most insurance companies don't impose age restrictions on these guidelines. If you can claim your parents and siblings as dependents, you may be able to add them to your policy. In order for this to work, you'll need to demonstrate that your parents and siblings are reliant on you for financial and social support. Since this requires a relatively high burden of proof, you might have difficulty doing so. "
"Do I Have to File Taxes If I Made Less Than $10,000?","The United States has a complicated tax code that uses an income-based sliding scale to determine a taxpayer’s effective tax rate. While there are hundreds of factors that go into a standard calculation of tax due, it is generally the case that tax rates increase in proportion to income. Therefore, would I have to file taxes if I made less than $10,000?  A series of “tax brackets” defines the exact tax rates on “regular income,” which includes salary and wage payments, for individuals at varying levels of the income scale. Married taxpayers in the highest bracket must earn a minimum of $195,000 while single filers must earn about $389,000. The tax rate for individuals who qualify for inclusion in the top bracket has ranged between 35 percent and 40 percent of income in the recent past. Conversely, married individuals in the lowest tax bracket must earn no more than $17,500 while single taxpayers must earn less than about $8,500. The tax rate for individuals in the lowest bracket is currently 10 percent of income. These “marginal rates” provide a baseline for income tax calculations. In practice, most taxpayers end up paying far less than what they’d owe according to their marginal rates. There are hundreds of deductions and credits that savvy taxpayers can use to lessen their tax burdens by significant amounts. Many of these tools favor affluent taxpayers. For instance, anyone who owns a home can use the “mortgage interest deduction” to write off the accrual of interest on their home’s mortgage. Likewise, deductions and credits related to charitable giving can be used to offset thousands of dollars of income. How Far Back Can You File Taxes? Extremely wealthy individuals may use foreign “tax havens” or “shelters” to shield significant portions of their assets from tax collectors. These countries have favorable tax codes that permit non-citizens to own property, bank accounts, or other assets there without paying taxes to their home governments. Low-income individuals and families may have certain deductions and credits available to them as well. The most popular of these is the Earned-Income Tax Credit. Designed to help working parents write off a portion of their income to help cover the cost of: This credit typically applies to individuals in the lowest two tax brackets. If you earn less than $10,000 per year, you don’t have to file a tax return. However, you won’t receive an Earned-Income Tax Credit refund unless you do file. "
How Do I Put the Funds from a Verizon Visa Rebate Card into My Bank Account (Online)?,"Rebate debit cards are a growing source of funds for cash-strapped cellphone users. They’re also a major new source of revenue for cellphone providers. Unlike the old-fashioned rebate checks that customers could cash or deposit into their general discretionary-spending funds, these high-tech devices enable big businesses to re-capture some of their rebates outlays. Consumers who receive rebate cards from their wireless providers are more likely to return to the provider’s retail outlet or website to shop for: Some rebate cards may even come with gift catalogs or buying guides. Wireless providers count on re-earning a significant proportion of the rebates that they issue. How Do I Remove Someone’s Name Off of a Joint Bank Account? Most wireless providers, including Verizon, send rebate cards via standard mail. Since these products are backed by Visa’s electronic payment system, they can be used at virtually any business that accepts Visa products. This is a significant advantage of these rebate cards: They are nearly as flexible as actual cash. Unfortunately, Verizon’s Visa rebate debit cards come with some drawbacks as well. First, they can’t be used for any part of a transaction worth more than the balance remaining on the card. In other words, a Verizon rebate card with a $30 remaining balance can’t be used to subtract $30 from a $40 sale bill. To complete such a purchase, you’ll need to use a different method of payment. In practice, this means that you can’t maximize your card’s value by using it solely as a form of payment. Unless you’re extremely meticulous, your card will have a balance remaining on it when you cast it aside. These cards may carry monthly maintenance fees. To avoid being charged for the right to use your rebate device, you’ll need to drain it within a month of receiving it. You also may be unable to split a restaurant bill with a prepaid card. Finally, your rebate card may carry transaction authorization fees that further hinder its spending power. For all of these reasons, you’ll want to transfer your rebate card’s balance into your bank account soon after receiving it. Although they won’t be happy about it, Verizon’s customer service team can walk you through the process of depositing your rebate into your bank account. You’ll need the PIN number on your card to complete this process. Alternatively, you can request a rebate check from Verizon’s rebate department before receiving your card in the mail. "
My Wages Are Being Garnished for a Federal Student Loan. Will They Take My Tax Refund Also?,"Although they're not secured by a home, vehicle or other valuable asset, student loans are governed by a different set of rules relative to other forms of unsecured debt. Whereas credit card debts can be forgiven during the bankruptcy process, student loans must be paid in full almost without exception. As a former student suffering through a temporary financial rough patch, you may be able to negotiate an installment plan for the repayment of the remainder of your student loan balances. However, your lender is under no obligation to grant such a request. To work out such a plan, you'll need to prove that your income stream has been interrupted or severely curtailed. After years of underemployment, your crushing burden of student debt may push you into bankruptcy. The bankruptcy process may provide you with some financial breathing room by forgiving the bulk of your unsecured debts, including any outstanding medical bills, personal loans and credit card bills. In theory, this should free up sufficient capital for you to resume paying back your student lenders in a timely fashion. You'll only be able to secure the discharge of your student loans in bankruptcy by claiming an ""undue hardship."" In legal terms, this signifies that you have become unable to make your monthly student debt payments and anticipate being unable to do so for the foreseeable future. This is generally due to reduced work capabilities caused by a permanent physical disability or mental health issue. Your bankruptcy judge may also grant an ""undue hardship"" designation after determining that you have reached your ""lifetime earnings ceiling."" In other words, your judge must determine that you have reached an age at which you can't reasonably expect to earn more from your current occupation and may be unable to switch to a more lucrative career. If you're unable to continue making timely student loan payments but aren't willing or able to declare bankruptcy, your lenders may choose to garnish your wages on a weekly basis. In certain circumstances, they may also be able to appropriate your annual tax refunds. If your loan was underwritten by your state's government, its issuer may seize the full amount of each successive state tax refund to which you're entitled until the loan has been paid in full. Likewise, lenders of federally-underwritten loans may seize your federal tax refund. Your lenders must notify you of the appropriation in writing. "
How Much Does It Cost to See a Gynecologist Without Health Insurance?,"Like most other medical professionals, gynecologists earn hundreds of thousands of dollars per year and may employ handfuls of workers in support positions. For a typical gynecologist’s office, the expenses associated with testing supplies, technical equipment, and fixed overhead costs can be significant. Since the services that gynecologists provide are essential to the health of one-half of the world’s population, these professionals are also in extremely high demand. Many overworked gynecologists have already stopped accepting new patients while many other established professionals report months-long appointment backlogs. As both the quality and coverage of prenatal care and basic gynecological services continue to improve, demand for gynecological services will only increase. Unless the professional makeup of each successive class of new doctors changes radically, the ratio of practicing gynecologists to patients may fall even further. While gynecologists earn comfortable salaries, other medical specialties are even more lucrative. These days, most graduating medical students vie for coveted positions in highly-specialized fields like: Depending upon where they practice, some neurosurgeons may earn annual salaries north of $1,000,000. As such, it’s difficult to find an affordable private gynecologist. If you lack health insurance or carry a budget plan that doesn’t fully cover gynecological exams, you should expect to pay at least $125 for a basic office visit that includes a pap smear and pelvic exam. If you require additional services or tests, this fee will increase accordingly. While you won’t have to pay upfront for your service and may enjoy a billing grace period of up to two months, you’ll eventually be held accountable for the cost. After your grace period has expired, your balance will begin to accrue interest. As medical debts are a major cause of financial problems for young people who lack insurance, you’ll need to pay promptly in order to avoid unpleasant consequences in the future. How Much Is a Visit to the Dermatologist without Health Insurance? If you expect this debt to cause financial hardship, talk to your gynecologist’s billing office before receiving your bill. Depending upon your circumstances, they may be willing to work out a payment plan. If your gynecologist is a member of a larger healthcare company or works in a large practice that uses a centralized billing service, you’ll almost certainly be able to pay in installments. You can avoid private-practice prices altogether by sourcing reduced-cost gynecological services from Planned Parenthood. These may cost under $75 per visit and can be paid in installments. "
Can You File Your Taxes Online Using Your Last Pay Stub from December?,"Although you won't have to present them to a tax preparation specialist in person, you're still required to retain certain essential income-related documents when you file your taxes online. Chief among these is the W-2 form that your employer must mail to you at the end of each tax year. This form contains important information about your total annual earnings and the amount of tax that your employer has already withheld for the year. Without these figures, you won't be able to complete your tax return properly. Your employer is required by law to mail out your W-2 form for the previous year by January 31st. To allow for postal hang-ups, the IRS observes a ""grace period"" of 15 days during which an employer can't be held accountable for missing W-2 forms. This means that you're eligible to file a complaint with the IRS and take corrective action against your employer on or after February 15th. In practice, you may not need to wait until the second month of the year to seek out your missing W-2 form. You're entitled to check with your employer's home office to determine the status of your W-2 form. If you live nearby, you can simply travel to the office to make an inquiry in person. By making your impatience apparent, you may be able to secure a copy of your W-2 early. If logistical hurdles prevent you from obtaining your W-2 form in person, you may be able to file your taxes using your final pay stub from the applicable tax year. Since this stub has cumulative income and withholding figures, you'll be able to provide your online tax preparation guide with these relevant pieces of information. However, you'll need to obtain your employer's unique Employer Identification Number. Since this isn't typically printed on your pay stubs, you'll need to request it directly from your employer or conduct an online search to find it. If you provide the IRS with an incomplete or incorrect Employer Identification Number, your return's processing period may be lengthened and your chances of being audited may increase. Once you have this information, you can fill out your tax return. Be sure to include the exact figures for your Medicare and FICA withholding taxes as well. You'll also need to submit several additional forms to the IRS. These include the agency's Substitute for Form W-2 and IRS Form 4852. "
What Is the Statute of Limitations for an Arrest Warrant for DUI in Iowa?,"While most DUI arrests occur at the scene of the accident or traffic stop that involved the impaired party, some occur long after this inciting incident. In many cases, impaired drivers are successfully able to avoid taking responsibility for their actions. For instance, impaired-driving accidents that occur in rural areas late at night may not attract the attention of law enforcement officials for hours or days. While there might be ample evidence to identify the driver of a car involved in a single-vehicle late-night accident that appeared to involve alcohol, this time lag may provide the suspect with an opportunity to avoid contact with law enforcement. In these cases, an arrest warrant may be issued for the offending driver once he or she has been positively identified. Most of these warrants are executed promptly as car-less suspects tend to remain at home for days following alcohol-related vehicular crimes. However, it's not uncommon for suspects to flee the jurisdiction in which the incident occurs and never return. Since DUI convictions can have serious legal and personal consequences, many suspects choose to live as fugitives rather than fight losing court battles over these charges. In rare cases, DUI suspects may escape the attention of local law enforcement agents for years without ever leaving the area in which the incident occurred. These suspects may even be unaware that there's an active warrant out for their arrest. Whether they don't recall the impaired-driving accident or assume that their identity was never positively determined, they may go about their daily routine with no reservations. It is rarely prudent to become a fugitive from the law. Most outstanding arrest warrants are eventually executed. Once a fugitive has been captured and charged in person with the crime for which the warrant was issued, they'll have to face some other charges related to their flight. These can be quite serious and carry stiff additional penalties. Worse, former fugitives are typically considered flight risks. They may be denied bail for the duration of their criminal proceedings. If they're convicted, they typically face longer sentences and harsher restrictions on their movements. In Iowa, there is no statute of limitations for a DUI arrest warrant. As long as a record of the warrant exists in the statewide criminal database that the Iowa State Police and some local law enforcement agencies use, fugitives in active DUI cases may be arrested at will. "
What Happens If a Police Officer Does Not Show Up for a DWI Hearing?,"When you elect to fight a traffic citation in court, you’ll be given a firm hearing date on which you’ll be able to stand before a judge and argue your case. Your hearing will have certain adversarial qualities. Pitting your testimony against that of the officer who wrote your citation, you’ll attempt to convince the judge that the officer erred in issuing your ticket. The officer in question will present his or her justification for issuing that ticket. In the end, the presiding judge will determine who is in the right. If you make a convincing case for why you should not have received your citation, you’ll likely be absolved from any wrongdoing and the fine will be waived. If you fail to sway the judge, nothing will change. Can I Start DUI Classes Before My Court Date? You carry a major trump card as you go into this process. If the officer who issued your citation fails to appear at your hearing, the presiding judge will dismiss your case. In many jurisdictions, citing officers habitually miss these hearings. For instance, a recent study found that citing officers appear at fewer than one in five traffic hearings in the city of Atlanta. Unfortunately, DUI cases are held to higher standards than run-of-the-mill traffic violation cases. While the details of your case may vary according to the laws in your jurisdiction, you can expect certain events to occur during the course of your DUI case. If your arresting officer misses your initial hearing, your case won’t be dismissed out of hand. Instead, the presiding judge will subpoena your arresting officer on an “on-call” basis. In other words, he or she will be required to appear at your hearing when it occurs. Many states require DUI hearings to occur within a 10-day “trailing window” that works within the constraints of the officer’s schedule. If the officer can’t appear during this pre-determined time frame, your case’s prosecuting attorney may request a “good faith” continuance that delays the hearing until the officer can appear. While such a continuance may be issued for any number of reasons, it’s most often granted after the arresting officer has been injured in the line of duty or placed on paid administrative leave. After he or she returns to active duty, your hearing will continue as previously scheduled. Unless your case’s prosecuting attorney fails to file for the continuance, it’s unlikely that your charges will be dismissed. "
Should I Get a Public Defender for My First DUI?,"Regardless of where you live, you need to take your DUI charge seriously. If you're convicted of a DUI, you're likely to lose your license for a period of up to a year and face a slew of fines and fees that may end up costing you thousands of dollars. Although your prison sentence is likely to be suspended, you'll still need to serve a term of unsupervised probation that may last as long as five years. You'll have to take driver-retraining classes and may even need to enroll in an alcohol treatment program. Once your conviction is a matter of public record, the cost of your car insurance will skyrocket and remain elevated for as long as the charge remains on your driving record. In most states, this means that you'll be paying through the nose for insurance for at least three years. Since a DUI is a criminal offense as well as a civil infraction, your conviction will appear on your ""permanent record"" unless it's expunged by a judge. Law enforcement agencies, government bodies, creditors and potential employers that conduct background screenings on your name will learn of the incident. This could have serious implications for your ability to obtain a mortgage, purchase a firearm, and get certain kinds of jobs. In other words, even a first-offense DUI conviction can cause serious long-term headaches. While some DUI defendants choose to save on legal costs by self-representing or using a public defender, this course of action often produces sub-optimal results. Public defenders tend to be overworked. The public defender with whom you're provided may be working on several cases at once and may seem harried during your one-on-one meetings. Worse, he or she may not appear interested in the specifics of your case. This ambivalence is a natural consequence of the fact that public defenders must defend large numbers of clients who can't afford private representation. Your public defender may be more interested in moving your case along than in securing a favorable outcome. On the other hand, a private attorney is likely to be fully invested in your case. You'll be paying them a significant premium over the typical public defender's salary. Depending upon where you live, the total cost of a top-notch lawyer in a typical DUI case may range from $1,000 to $3,000. If you can beat the charges entirely, this may be worthwhile. "
I Have a Second Mortgage That Has Been Charged Off But They Won’t Release the Lien on the House,"Second mortgages introduce a major wrinkle into the bankruptcy process. Since they are secured loans, the lenders who issue them are entitled to a claim on the underlying piece of real property. This can bring second-mortgage lenders into direct conflict with primary mortgage lenders. In theory, both primary and secondary mortgage lenders can be satisfied by the bankruptcy process. Borrowers typically take out a second mortgage when they're struggling to keep up with their current portfolio of debt obligations. These credit products are often used to pay down part of a primary mortgage or to zero out the balances of existing high-interest unsecured debts. Although both loans are secured by the underlying piece of property, second mortgages are subordinate to primary mortgages. A home is said to be ""underwater"" when its value decreases until it's worth less than the balance that remains on the primary mortgage. Even though it won't be able to recoup its losses in full, an underwater home's primary mortgage lender may still seize the home to cover a portion of its investment. By contrast, the subordinate second lender has no physical claim to the property. Since it stands little chance of recovering a significant portion of the investment, it may ""charge off"" the loan. It will appear in the lender's financial records as a total loss. Unfortunately, the lender's decision to charge off the loan doesn't alter its status as a secured creditor of the bankrupt party. While it can't physically seize the underlying property unless the primary mortgage lender chooses not to, the second mortgage lender still retains a lien on the property. In theory, this entitles it to compensation by other means. If you're confronted by a second-mortgage lender that refuses to release the lien on your underwater home, you have two distinct options. Since your second mortgage is a secured obligation, it won't be discharged in bankruptcy. As such, you won't escape from the bankruptcy process without compensating your second mortgage lender in some form. You may wish to continue making regular payments on your loan until your bankruptcy proceedings conclude. Secured lenders rarely initiate legal action against bankrupt borrowers who continue to make timely payments. If you still owe a great deal on your second mortgage, you may wish to pursue a settlement with your lender. In some circumstances, it may be willing to accept just 50 percent of your outstanding balance. "
Does Your Name Go in the Local Paper when You Become Bankrupt?,"Regardless of the circumstances surrounding your bankruptcy filing, you may be unable to keep the news of your insolvency from spreading. In many communities, the stigma surrounding bankruptcy is powerful and may linger for years. The social stain of bankruptcy may last longer than its practical effects, which can include limited access to credit and high interest rates on credit cards and personal loans. If you're thinking about filing for bankruptcy and worry about its potential to harm your reputation, you'll need to keep a few things in mind. First, bankruptcies nearly always become part of the ""public record."" As time goes on, your bankruptcy's legal file will grow to include pertinent financial records, copies of sworn testimony, court records, and other information that pertains to your case. Once your debts have been discharged and your bankruptcy proceedings are dissolved, law enforcement personnel and potential employers may view these records. In addition, a record of your bankruptcy will appear on your credit report for 5 to 10 years after your filing. Your creditors have a vested interest in your bankruptcy proceedings. Accordingly, they'll each receive a written notice of your filing and will be invited to participate in the proceedings. In certain circumstances, this might cause word of your filing to spread among your neighbors. For instance, you might have defaulted on a loan issued by the community bank at which several of your acquaintances work. Once they become aware of your situation, it's unlikely that they'll be able to keep it a secret. In addition to the verbal rumor mill, news of your bankruptcy may spread through print media sources. If you own your own business or your filing involves valuable assets, information about your filing may be printed in the trade reports that bankers receive regularly. These can be distributed nationally and may contribute to the continued spread of rumors surrounding your bankruptcy. However, it's unlikely that your name will be printed in your local retail newspaper. As most bankruptcies involve relatively small pools of cash and assets, media outlets don't treat them as newsworthy. The chances of your financial misfortune becoming an official news item will increase if you live in a small, tight-knit town or occupy a prominent position in your local business community. Even so, you'll be far more likely to see your name in your local paper after you're arrested on an impaired-driving charge. "
How Would Marrying Someone Who Has Filed for Bankruptcy Affect Their Credit?,"Millions of marriages have been ended by financial disagreements. Millions more have been ended by poor financial decision-making. While marrying someone who has recently declared bankruptcy won't immediately damage your credit score or render you unable to secure certain loans, it may complicate your financial health as time goes on. You shouldn't feel shy about sharing the details of your financial health with your future spouse. In fact, most financial experts encourage couples to obtain up-to-date credit reports before tying the knot to forestall any surprises or misunderstandings after their nuptials. While your partner's bankruptcy isn't an adequate reason for you to back out of the upcoming marriage, it should serve as a warning sign that he or she may be a poor money manager. Although marrying someone who filed for bankruptcy in the recent past won't initially affect your credit, you'll need to maintain separate bank accounts and credit facilities to ensure that this remains the case. Even if your credit is excellent, any joint accounts that you open with your new spouse may reflect their poor credit. While your solid credit score may grant your partner access to credit facilities that they otherwise wouldn't be able to use, these products might carry low borrowing limits and high interest rates. If you're looking for cheap credit, you might wish to keep your spouse's name off of your loan applications. If you choose to leverage your sterling credit history to obtain loans or credit cards for your spouse, be sure to work out a written repayment plan in advance. For the sake of simplicity, this schedule should mirror the actual loan's installment calendar. You'll also want to keep ample reserves of cash on hand in case your spouse becomes unable or unwilling to cover the loan's installments. In some states, you may be unable to avoid opening joint credit facilities with your spouse. If you're planning on purchasing a home together, your home state's laws may require you to obtain a joint mortgage. If possible, purchase the home on your own before your marriage becomes official to ensure that you're given the best possible interest rate. If you live in a state that adheres to ""community property"" laws, you may be held liable for any debts that your spouse accrues during the course of your marriage. Be sure to have a frank discussion with your spouse about these statutes' implications. "
Can You Collect a Judgment After the Company Files for Bankruptcy?,"When you win a lawsuit and receive a judgment in your favor, you become an ""unsecured"" creditor of the losing party. Although you're entitled to receive the funds or property outlined in the terms of the judgment, the resulting debt is subordinated to certain other forms of debt. These types of debt, known broadly as ""secured"" or ""senior"" debts, may included real estate or vehicle loans and lines of credit tied to physical pieces of property or equipment. On the other hand, your ""junior"" debt is backed by nothing more than the terms of the judgment against your debtor. The U.S. Bankruptcy Code dictates that a bankrupt business must satisfy its secured creditors before settling any of its unsecured debts. This is true regardless of whether the business files under Chapter 7 or Chapter 11 of the Bankruptcy Code. In the former case, the judge overseeing the bankruptcy will divide up the business's cash and assets among its secured creditors. If there is anything of value left over after all of the secured creditors have been compensated in full, the business's unsecured creditors may receive a proportional slice of these remaining assets. Once all of the business's assets have been distributed among its various creditors, it will cease to exist. If the business files for bankruptcy under Chapter 11 of the U.S. Bankruptcy Code, the presiding judge will broker a ""reorganization"" plan that discharges many of the business's unsecured debts. With most of its unsecured creditors out of the way, the business may be able to remain current on its secured-debt payments. In either case, you're unlikely to receive compensation once the debt has been discharged. In fact, you probably won't even remain on record as a creditor to the business once the bankruptcy process has terminated. If the business filed a Chapter 7 bankruptcy, you have virtually no chance of collecting on your debt as an unsecured creditor. However, you may be able to become a secured creditor. Before the business files for bankruptcy, you'll need to file an ""abstract of judgment"" form in each of the jurisdictions in which it owns real property. Depending upon the laws in your state, this form may entitle you to a portion of the business's property in the event that it files for bankruptcy. Once you've filed the abstract, you'll need to attend the post-bankruptcy ""meeting of creditors"" to stake your claim. "
What Is a Typical Sentence for 5th Offense DUI in WI?,"The penalties for impaired driving in Wisconsin are fairly serious. While most first-time drunk drivers are able to escape serious jail time, the consequences for repeat offenders can be severe. Habitual drunk drivers, defined by the state as individuals who commit at least three drunk-driving offenses within a five-year period or at least four during a 10-year period, typically face lengthy prison sentences and severe driving restrictions after subsequent convictions. After your third drunk-driving conviction, you'll be required to install an ignition interlock device in your vehicle. Your license will be suspended for a minimum of two years with no provision for work-related early reinstatement. Depending upon the circumstances of your case, your presiding judge may order you to forfeit your vehicle and remain car-less for the length of your license suspension. If you were involved in an accident that damaged property or injured another driver, this outcome will be all but assured. Moreover, the likelihood of vehicle forfeiture will increase with each subsequent conviction. After your fifth conviction, you'll have little chance of holding on to your vehicle during your suspension period. You'll also need to attend driver-retraining and alcohol-education classes. As a habitual offender, you won't be allowed to take the abbreviated or accelerated courses offered to first-time convicts. Your alcohol-education classes may meet once per week for a year or more. Depending upon your level of intoxication at the time of your arrest, your judge may also order you to attend an inpatient rehabilitation program. Alcohol-related prior convictions will increase the likelihood of this outcome. After your third offense, the burden of proof required to convict you will become lighter. Whereas the ""legal limit"" for regular drivers is .08, the ""legal limit"" for habitual offenders is .02. In practice, you won't be able to drive after consuming any alcohol. Despite the relative severity of Wisconsin's DUI laws, few of the state's habitual drunk drivers serve lengthy prison terms. In recent years, Wisconsin's prisons have become seriously overcrowded. State judges routinely commute sentences related to non-violent offenses like drug possession and fraud, shifting the burden onto the shoulders of its probation officers and local police departments. While you won't be able to avoid serving at least several months in prison after your fifth DUI conviction, you likely won't have to serve the maximum sentence. After your release, you'll need to serve a lengthy term of supervised probation. "
What Legal Action Happens When You Can’t Pay a Rent to Own Place?,"""Rent-to-own"" stores are a novel feature of the American urban landscape. While vendors have sold durable goods on credit for thousands of years, the scale of the typical rent-to-own operation is staggering. The individual outlets of national rent-to-own chains like Rent-a-Center and Aaron's occupy prominent lots in many outdoor shopping centers. Meanwhile, their corporate parents bask in multi-million dollar revenue streams and mount relentless expansions across the country. Unfortunately, these businesses have earned their success by taking a hard line with their customers. Typical rent-to-own customers have poor or nonexistent credit and can't rely on traditional means of financing to make large purchases. Many lack checking accounts and meaningful stores of savings. With some notable exceptions, they tend to carry significant amounts of debt and may habitually use revolving credit facilities like payday loans to make ends meet. As such, rent-to-own businesses keep close tabs on their customers. While each company is different, well-run national brands usually begin making attempts to contact late-paying customers within two weeks of the missed payment's due date. These initial attempts take the form of once-daily phone calls. After three weeks, these calls may become more insistent. Some companies may supplement them with official-looking letters or e-mails. In spite of their hard-nosed approach to lending, rent-to-own businesses tend to empathize with customers who fall on hard times. If you've ceased making payments on your rent-to-own purchases, don't avoid further interaction with your vendor. If you ignore their attempts to contact you, you'll increase their suspicion that you're willfully avoiding them. In short order, they'll begin taking steps to repossess your purchases. You won't be able to reason with the third-party repossession specialist who shows up on your doorstep to take your refrigerator. Instead, keep your rent-to-own vendor abreast of any changes in your financial circumstances. If you've seen your working hours cut or received an unexpectedly large hospital bill, talk to their financing department about extending your repayment period or deferring payment until you're back on your feet. In some cases, they may be unable or unwilling to help. In others, they may exhibit surprising flexibility. If you continue to avoid contact with your vendor, they'll take action to repossess your equipment. If you choose to delay the inevitable by changing your address or hiding your purchases with a complicit relative, you may open yourself to a lawsuit that further damages your credit rating. "
"If a Company Files for Bankruptcy, Do They Have to Pay Vacation Time Accrued by Employees?","Personal bankruptcy is relatively straightforward. Individual bankruptcy filers typically declare themselves to be insolvent when their debts become unmanageable. Once their case is in process, a bankruptcy judge divides their assets among their creditors on the basis of “debt seniority.” Secured debts like mortgages and car loans are settled first. If the filer has assets or funds left over once these major obligations have been put to bed, their unsecured creditors may receive a portion of what they’re owed. In most personal bankruptcy cases, filers lack sufficient assets to reimburse all of their unsecured creditors in full. Let’s see what happens if a company files for bankruptcy, do they have to pay vacation time accrued by employees? Are the fees I paid my bankruptcy lawyer and trustee tax deductible? Business bankruptcies can be more complex. In addition to traditional creditors like banks, credit card companies, and real estate lenders, multiple other parties may have financial or material interests in a given business’s continued solvency. These may include: Businesses routinely receive stock on credit and accept payment for goods to be delivered in the future, creating a complicated web of obligations that may take years to unravel in court. In most states, bankruptcy courts treat the employees of an insolvent business as members of its class of secured creditors. This practice is called “prioritization” and has been upheld in court. Provided that the business has sufficient cash or assets at the time of its bankruptcy filing, prioritization entitles the employees of a bankrupt business to full reimbursement of back wages. In this case, “back wages” typically include accrued vacation pay. If your employer shuttered its doors without warning, you’ll probably receive cash compensation for your vacation days once their case has officially gone to court. However, your state’s labor laws may be unusual. Before making any plans with money that you haven’t yet received, research your state’s labor laws and confirm that you’ll be reimbursed. Likewise, there are still a few state bankruptcy courts that don’t practice prioritization and may not treat the employees of a bankrupt business as secured creditors. If you have time, research state-specific legal precedents for your situation to determine your likelihood of receiving full compensation. The path that your business takes through bankruptcy may have some bearing on whether you’re paid for your vacation days. Businesses that file for bankruptcy under U.S. Bankruptcy Code Chapter 11 must work out a repayment plan that satisfies their secured creditors. It’s highly likely that you’ll be reimbursed during the course of a Chapter 11 bankruptcy. "
"I Just Got a Misdemeanor Hit and Run on a Parked Car, What Should I Expect?","Hit-and-run incidents result in arrests more often than you might expect. While it might seem tempting to leave the scene of an accident between your vehicle and a parked car, the prevalence of security cameras and “nosy neighbors” may dramatically increase the risks associated with this behavior. Thanks to an increase in the number of storefronts and businesses that use motion-sensing floodlights, you may even be called to account for a hit-and-run accident that occurs at night. If you choose to flee the scene, you must be prepared to face some consequences. Hit-and-run accidents are usually charged as misdemeanors. In most states, a first offense is punishable by a jail term that lasts between one and three months and a fine that may range between $500 and $1,000. The perennial overcrowding problems that most state prison systems currently face make it relatively unlikely that your sentence will involve any jail time. In most situations, you’ll receive a suspended sentence that may require some combination of: For subsequent offenses, this may not be the case. Of course, you may have to spend some time in jail while you’re awaiting your arraignment or trial. How To Write An Accident Report Like DUIs and other vehicular crimes, hit-and-run offenses are also considered traffic violations in most states. Hit-and-run and “leaving the scene” charges may add as many as six points to your license, which may be enough to disqualify you from consideration for any job that involves the operation of a motor vehicle. These charges are also likely to increase your monthly insurance premiums. While you won’t have to obtain an SR-22 from your insurance company after your hit-and-run conviction, you can expect your premiums to increase by 50 percent or more as soon as your insurer learns what happened. After you’re charged with a hit-and-run, you should contact a lawyer who may be able to inject some uncertainty into your case. Your lawyer may argue that the incident in question occurred without your knowledge or that the victim misplaced the contact and insurance information that you left on his or her car. Judges who are receptive to these kinds of circumstantial arguments may reduce or eliminate the charges altogether. In certain states, your lawyer may also be able to broker a “civil compromise” that absolves you of criminal liability for your actions provided that you reimburse your victim. "
How Do I Get My License Unrestricted After a California DUI?,"You can expect several things to happen after you're convicted of a DUI in California. While serious, the penalties for your first offense will be relatively lenient compared to what you'd face after a subsequent conviction. They're also less serious than first-offense DUI penalties in many other states. First, the license suspension period that unofficially began in the immediate aftermath of your arrest will become official. Next, you'll be asked to pay a raft of fines and fees. You'll also need to attend regular alcohol-education and driver-retraining classes, each of which may meet several times per week for months on end. Finally, you'll need to submit to a term of unsupervised probation in lieu of actual prison time. Depending upon the circumstances of your case, this term of probation may last between three and five years. While the fines, classes and occasional inquiries from your probation officer may be annoying, you're likely to find your one-year license suspension and subsequent restriction period downright inconvenient. Unless you take swift action in the days that follow your DUI arrest, your license may be revoked for between four months and one year. To forestall the DMV's seizure of your driver's license, you'll need to make an appointment for a ""suspension hearing"" within 10 days of your arrest. If you wait until after this 10-day period to try to make your appointment, the DMV will refuse your request. Since California's DMV has a perennial backlog of DUI cases, your appointment may not take place until several weeks after your arrest. As such, you'll be granted a 30-day restriction waiver that will permit you to drive to and from work and school during the interim period. If the waiver expires before your hearing, you can reapply for another one. At your suspension hearing, be prepared to show that driving is an essential part of your daily routine. If you live or work in an area that lacks adequate public transportation, this will be far easier for you to prove. Once the DMV grants your request for a ""work restriction,"" you'll need to obtain an SR-22 form from your insurance company and enroll in driver-education classes. To get your license unrestricted, you'll need to complete your probation successfully and fulfill all of the other requirements of your sentence. As a rule, you can't obtain an unrestricted license before you finish your driver-retraining and alcohol-education classes. "
Does Reckless Driving Show Up on a Background Check?,"Reckless driving is a serious crime that typically requires offenders to pay hefty fines and attend driver-retraining courses. In some states, these fines can be excessive: Alaska’s state statutes provide for first-offense reckless driving penalties of up to $1,000 while Florida may levy even higher fines for subsequent offenses. Depending upon your past driving record and criminal history, your reckless driving conviction may also result in the revocation of your driving privileges and require you to spend some time in prison. Like habitual drunk drivers, serial reckless-driving offenders are increasingly viewed as menaces to public safety. Many jurisdictions now treat reckless driving as a serious criminal offense. Most states have strengthened their laws against the practice and now provide for mandatory prison sentences for third-time offenders.   In some places, maneuvers that may not seem “reckless” may be interpreted as reckless driving. In Virginia, you can be booked for reckless driving after: In other words, you can be charged with a Class 1 misdemeanor for traveling 81 miles per hour on a smooth 65 mile-per-hour Virginia highway. You can be charged with reckless driving for many other reasons as well. If you’re arrested on suspicion of impaired driving and refuse to submit to a breath test, you’ll almost certainly be charged with reckless driving and may face the maximum penalties for your offense. How Does A Fingerprint Background Check Work? Likewise, difficult-to-prove drunk driving charges are often “commuted” or changed to reckless driving charges, which typically require a lighter burden of proof. Even if your DUI case seems fairly straightforward, a good lawyer may be able to introduce enough doubt into your case to encourage the presiding judge to drop the more serious charge in favor of the lesser offense. Regardless of the genesis of your reckless driving charge, it will show up on your background check provided that it was charged as a misdemeanor. This is the case in most states: The few jurisdictions that continue to treat reckless driving as a minor traffic infraction are moving away from this practice. Going forward, you should assume that your jurisdiction will treat reckless driving as a crime. Unfortunately, your criminal reckless driving charge will become a permanent fixture on your criminal record. If your record is expunged, you may be able to “hide” the conviction. "
Filing Bankruptcy Before Enlisting in the Military?,"Shoddy finances shouldn't prevent you from fulfilling your civic duty and enlisting in the military. After all, the enemy doesn't care about the state of your personal finances. As a rule, a past bankruptcy filing won't disqualify you from joining the military. Recruiters for most branches of the Armed Forces care more about your criminal past, your physical fitness and your aptitude test scores. While multiple DUIs, violent felonies or financial crimes may prevent you from exercising your right to bear arms, a civil case like bankruptcy has no bearing on your ability to serve. However, your bankruptcy filing may have an impact on your ability to advance within your chosen military branch. To get a highly-paid specialized job with the Air Force, Marines and Navy, you may need to obtain a basic security clearance. Likewise, many career-level rankings require such clearances. Unfortunately, your past bankruptcy filing may prevent you from securing even an entry-level clearance. What's worse, your bankruptcy filing may remain on your credit report for five to 10 years. During this time, you'll be unable to apply for a security clearance and may have difficulty purchasing a home on or near your base. Although any ""official"" record of your filing will drop off of your credit report after the 10-year window has passed, your bankruptcy may still show up on thorough background checks conducted by future lenders, employers and government agencies. As such, it may be to your advantage to explore other debt relief options before plunging into bankruptcy. If your credit remains solid and you have ample collateral or a cosigner, you may be able to qualify for a debt consolidation loan. This product can bundle your existing debts into a single low-interest loan that may save you thousands of dollars per year. Likewise, you could get in touch with a non-profit credit counseling service that specializes in negotiating lower interest rates with your creditors. If you can't avoid filing for bankruptcy before enlisting in the military, do your best to portray your financial hardship in a positive light. You may be able to explain to your employers, commanding officers, and the folks responsible for issuing your security clearance that your filing was caused by circumstances beyond your control. These could include a ruinous divorce, crushing student loan debt, or a temporary medical problem that left you unable to work for an extended period of time. "
"I Have Three DUIs, How Long Will I lose My License and Can I Get a Work Permit?","While drunk driving is considered a serious crime in virtually every American legal jurisdiction, most courts go relatively easy on first-time impaired-driving convicts. Your first-offense DUI sentence may involve three to five years of unsupervised probation, a several-month course of regular alcohol-awareness and driver-retraining classes, and a temporary suspension of your driver’s license that typically lasts for less than 18 months. After you successfully complete these steps and pay a slew of fines and court fees, you’ll be able to get on with your life as before. After your second and third DUI offenses, you may not be so lucky. Most third-offense DUI convictions come with mandatory prison sentences either between: In most states, this jail time can’t be converted to a term of unsupervised probation. To make matters worse, you’ll lose your driver’s license for at least five years and may not be able to apply for a work permit. In other words, you’ll have to rely on friends, family members, or public transportation to get to and from work. Do DUIs Carry Over Into Different States? Depending upon the length of time separating your first, second, and third offenses, the severity of the penalties that you’ll face for your third DUI conviction may vary considerably. In most jurisdictions, you’ll be labeled a “habitual offender” after receiving your third DUI conviction in less than five years. You may lose your license for 10 years or more and face your state’s maximum prison sentence for DUI offenses. If 10 years separate your three DUI convictions, you’ll still face some serious penalties. You’ll be on the hook for up to $5,000 in fines and be required to attend an intensive alcohol treatment program. While your license will be suspended for at least five years, you may be able to regain some driving privileges by agreeing to install an ignition interlock device in your vehicle. This arrangement, which prevents you from operating your vehicle after consuming any alcohol at all, may become permanent. If you wish to retain your ability to drive yourself to work, you’ll have no choice but to accept it. Without an interlock device, you may be unable to secure a work permit. However, most states refuse to grant work permits to “habitual offenders” who garner three or more DUI convictions in less than a half-decade. After your third DUI conviction, you may lack mobility for a long time. "
Can AES Loans Be Charged Off in Bankruptcy?,"American Education Services, a major student lender, provides federal loans from the Stafford and Perkins loan programs as well as a variety of private loan products. If you attended a pricey four-year college during the past decade, it's possible that you secured some of your financial aid through AES. These days, many recent graduates find themselves struggling to handle their student loan debts. While most AES products carry reasonable interest rates of between 3 and 7 percent, the tepid job market has made it difficult for many folks to stay current on their payments. If your outstanding AES loans are single-handedly darkening your financial future, you may be considering taking drastic action to ensure that you remain solvent. Unfortunately, recent changes to the United States Bankruptcy Code make it exceedingly difficult to discharge AES loans during the course of a typical bankruptcy. With few exceptions, bankruptcy judges treat student loans as secured credit facilities that can't be wiped out by the bankruptcy process. When you file for bankruptcy, you'll need to repay any student loans on which you currently owe a balance. While your attorney may be able to work out a repayment plan with your lenders during the normal course of a Chapter 13 bankruptcy, it's unlikely that you'll see a meaningful reduction in your principal balances. In fact, any repayment plan that spreads out your payments over a longer period of time may end up costing you more thanks to the relentless accrual of interest charges. Your prospects won't be much better under the terms of a Chapter 7 bankruptcy filing. The court-appointed trustee responsible for seizing and distributing your assets among your creditors will be sure to set aside resources sufficient to repay your student loans. In other words, your Chapter 7 liquidation plan will prioritize these credit facilities over unsecured loans like outstanding credit card bills and medical bills. In certain exceptional cases, it may be possible to discharge or reduce your student loan debts. If you can prove to your presiding judge that you are permanently unable to repay your student loans, they may forgive some or all of them. This is known as a condition of ""undue hardship"" and can arise for several reasons. If you've been permanently injured and receive disability payments from the government or are nearing retirement and have dim future job prospects, you may be able to claim undue hardship. "
"If I Get Pulled Over for DUI, Should I Refusee to Take a Breathalyzer?","Unless you have a portable breathalyzer handy, you're unlikely to be able to judge your blood alcohol content with any degree of accuracy. This can be a problem after a night of steady drinking. While you might feel up to the task of driving yourself home after knocking back a few drinks over the course of several hours, you can't confirm that you'll be able to do so without running afoul of the law. Once you're on the road, you're liable to be arrested on suspicion of impaired driving as long as your blood alcohol content remains above your state's legal limit. If you're pulled over while you're in a state of questionable sobriety, your first impulse may be to confound the officer on the scene by refusing to submit to an initial roadside breathalyzer test. There are plenty of compelling reasons for doing so. In most states, the results of these tests aren't admissible in court. Portable breathalyzers aren't nearly as accurate as the larger stationary machines that most police precincts keep on hand. Like the field sobriety tests that officers typically ask drunk-driving suspects to perform, portable breathalyzers are merely used to prove probable cause for an impaired driving arrest. In most jurisdictions, there are no legal penalties for refusing to take a breathalyzer test in the field. If you refuse to take the test, the officer on the scene will probably take you into custody under the assumption that the mandatory in-station breathalyzer test will show that your blood alcohol content is above the legal limit. If you choose to take the test and it shows that your blood alcohol content is below the legal limit, the officer may still choose to arrest you on the grounds that you failed other elements of your field sobriety test. While it's far harder to prove a DUI charge against a driver who ""blows"" below the legal limit, it can be done. For instance, the state may argue that the effects of the modest amount of alcohol that you consumed were magnified by the presence of prescription or illegal drugs in your system. If you're found to be carrying quantities of such drugs, this may make their case easier. Once you've been booked, you may still refuse to take the in-station breathalyzer test. This will likely result in the automatic revocation of your license for a year or more. "
How Soon After a Chapter 13 Bankruptcy Is Dismissed Will Creditors Begin Calling?,"Some attempts to file bankruptcy end unsuccessfully. In fact, bankruptcy judges routinely dismiss Chapter 13 bankruptcy petitions for several common reasons. To avoid a costly and time-consuming mistake, familiarize yourself with these reasons for dismissal before you commit to hiring a bankruptcy attorney. If you've misrepresented your income or the value of your assets, the judge assigned to your case may dismiss your bankruptcy petition outright. In addition, you likely won't be allowed to file until you've completed your application and sent in all required documentation with it. Once your petition has been accepted and you've begun making payments under a Chapter 13 bankruptcy plan, your presiding judge may nullify the existing agreement between you and your creditors after several months of non-payment. Once this happens, your creditors will be able to pursue you for the remaining balances on your outstanding debts. Unless your lawyer can convince the judge overseeing your case to freeze this collection activity by granting you a moratorium on your payment plan, your creditors may begin calling or e-mailing right away. To preserve your Chapter 13 bankruptcy plan with a payment moratorium, your lawyer will need to prove that you're truly unable to make your payments for a prolonged period of time. Whether your hardship is caused by a sudden job loss, unforeseen medical bills, or other big unavoidable expenses, you'll need to show that you're not misleading or deceiving the court about your financial health. Alternatively, you may be able to change the terms of your bankruptcy. Under certain circumstances, your presiding judge may nullify your Chapter 13 payment plan and initiate new bankruptcy proceedings under Chapter 7 of the United States Bankruptcy Code. Once this conversion has taken place, the bulk of your remaining assets will devolve to a court-appointed trustee charged with dividing them up among your creditors. While you'll lose a significant amount of your wealth to the Chapter 7 bankruptcy process, your state's laws may permit you to shield some of your cash and property from seizure. Unfortunately, even the best-laid plans can go awry. If you're unable to continue making your bankruptcy payments and can't secure a payment moratorium or Chapter 7 conversion, your case may be completely dismissed. Once this happens, you'll need to recover from your initial shock and prepare yourself for an immediate onslaught of calls, e-mails and visits from your creditors and their collection-agency henchmen. "
I Have an Arrest Warrant in Colorado for a DUI Probation Violation. What Should I Do?,"When you're put on probation following a DUI conviction, you'll be expected to pay any fines and penalties required by statute. You'll also be expected to complete alcohol-education and driver-retraining classes. Finally, you'll need to observe a mandatory license suspension period. If you're able to do all of these things, you'll likely avoid jail time and should be able to resume normal living once your probation period has ended. In most jurisdictions, violating any of the terms of probation is a serious crime. If you currently live in the state in which you committed the original offense, you'll be subject to arrest on your outstanding warrant. While it's unlikely that the local authorities will initiate a manhunt to bring you to justice for a DUI-related probation violation, they may come looking for you at your last known residence or place of employment. It's more likely that you'll eventually slip up and commit a minor vehicular infraction that draws the attention of the police. After all, outstanding arrest warrants are readily available in the computerized filing system that traffic cops use to check for prior moving violations. Once you're back in custody, you'll be required to complete any unfulfilled or suspended elements of your original DUI conviction. This may mean that you'll have to spend some time in jail and pay some additional fines. If you miss a court appearance related to your probation violation and evade the authorities thereafter, you may open yourself to a ""failure to appear"" charge that typically carries its own set of fines as well as a short but mandatory prison sentence. If you're currently living outside of the state in which you committed your original crime, the local authorities are unlikely to execute the arrest warrant for your probation violation. This doesn't mean that you can hide from the law forever: Since outstanding arrest warrants can be accessed through a national law enforcement database, you'll be subject to extradition proceedings after a local traffic stop or minor-crime arrest. You may eventually face stiff penalties in your former home state. To reduce the severity of these consequences, turn yourself in to the local authorities as soon as you learn of the warrant and contact a local lawyer. In some cases, you may be able to escape a reinstated prison sentence by paying a hefty series of fines to the authorities back home. "
How to Apply for LIHEAP (Low Income Heat Assistance Program) in Louisiana,"It should not come as any great surprise to the reader that this program is open only to the legal residents of the sovereign State of Louisiana.  It should also not come as any great surprise to anyone curious about this program that the state of Louisiana has some rather specific expectations and criteria to qualify a household or group for assistance with heating costs.  To qualify the Louisiana resident must be elderly, and or disabled, and or a family with children, and or have a very high energy consumption rate and cost.  To qualify the resident or residence income criteria is:             The annual income of a household with a single individual must not exceed $17,455 before taxes;             The annual income of a household with two individuals must not exceed $22,826 before taxes;             The annual income of a household with three individuals must not exceed $28,196 before taxes;             The annual income of a household with four individuals must not exceed $33,567 before taxes;             The annual income of a household with five individuals must not exceed $38,938 before taxes;             The annual income of a household with six individuals must not exceed $44,308 before taxes; It is unclear as to what happens if a household exceeds six members.  The amount goes up about $5,400 as another individual is added to the household.
If one has a computer then there are a number of websites from which an application can be taken.  The form cannot be submitted electronically so an interested person must have a printer to be able to print out the application form.  As with anything government, fill out the application very carefully and very truthfully.  If there are any questions or concerns, contact the aid agency by phone and obtain whatever clarification is necessary to successfully and complete fill out the application form.  State governments, just like the federal government, greatly dislike the liar.  The states will typically pursue the liar for fraud and provide jail time if at all possible.  States, like the feds, have very little humor.  After filling out the form, mail it in to the contact address in the directions and then just be patient.  Experienced people stated that one or two weeks will go by before the aid agency gets in contact with the household.  The contact will tell the head of the household if the household qualifies and if it does qualify, what steps are next in the process.
A goodly number of source and information websites were specifically pointed out by the experts and given support by site users.  For the readers’ convenience these URLs are listed as follows: http://www.lhfa.state.la.us/programs/energy_assistance/low_income_energy.php http://www.lhfa.state.la.us/downloads/energy/en-LiheapAppAssistance-03Dec04.pdf http://www.lhfa.state.la.us/downloads/lihtc/liheap-2006-state-plan-02aug05.pdf http://www.lhfa.state.la.us/downloads/energy/ea-incomeeligibility-19dec03.pdf http://www.lhfa.state.la.us/downloads/energy/ea-Introduction-07apr05.pdf The aid agencies are very good about providing what the household needs, knowing that it is simply keeping those who need it as warm and comfortable as possible.  Several people indicated that at first the need for assistance was in a strong struggle with one’s ego and embarrassment.  It is a nice aspect of the states to recognize those who do need assistance and provide what they can to assist. "
ILLIQUIDITY,"When the supply is too short for the demand on a product, funds, or market. Other terms that may be helpful are endogenous liquidity, exogenous liquidity, liquidity, and liquidity risk. "
ILLIQUID,"Having insufficient means to meet demand. Refer to liquid, liquid assets, liquidity, and illiquidity. "
Home Mortgage Not Reaffirmed During Chapter 7 Bankruptcy?,"If you have to surrender your home in a Chapter 7 Bankruptcy, the mortgage lender will provide you with a 1099-C. When you file a Chapter 7, the tradeoff is that the mortgage debt is completely dischargeable but you cannot keep your home. Another tradeoff is that when the mortgage debt is forgiven, the IRS views the forgiven amount as income. So, homeowners do not have to pay the remainder of the mortgage but the amount forgiven is taxable income. When a debt is forgiven, the IRS requires that the lender provide the borrower with a 1099-C form. The borrower is then required to file the 1099-C with the IRS. The 1099-C represents income from the cancellation of a debt. One way to explain the form is that a 1099 is used to report income earned from a job. Form 1099-C reports income made from the cancellation of a debt. When the loan is made, the borrower makes a promise to pay and the lender receives a secured interest in the property. At the time the loan is made, the money is not considered income because the borrower promises to pay the money back to the lender. When that promise to pay is discharged, the IRS views the forgiven amount as taxable income. You may be wondering how you will pay the taxes on this income if you have filed bankruptcy. You filed because you do not have enough money to pay your bills. Where are you supposed to get the money to pay the taxes on this income? The good news is that in 2007, The Mortgage Debt Relief Act of 2007 was passed. As a result of this Act, taxpayers can have up to $2 million of mortgage loans forgiven before being taxed. According to the IRS website, this Act will be in place through the end of 2013. It is important to realize that this Act only covers debt forgiven for a mortgage. If you have debt forgiven from another type of loan, you will receive a 1099-C for that loan and you will be responsible to pay the applicable taxes. If you do not understand your 1099-C or believe there is an error, start with contacting the lender. Other options are to contact the IRS or speak with your bankruptcy attorney.   Every expert says the same thing. A “charge off” is the same as a “write off” and is merely an accounting term used in financial processes. The term is used when a financial institution takes an account from a ledger and posts it to that financial company’s “unable to collect” ledger. The lien from the mortgage still exists on the property owner / debtor’s credit report. The monies owed at the time of the “charge off” are still owed. The financial company is simply waiting to decide its next move. It is simply not going to continue trying to collect on a loan that the debtor is unwilling or unable to pay. The fallacy believed by too many debtors is that they no longer owe anything on this “charged off” mortgage. On the contrary, that mortgage company is just standing still, waiting low. The company knows the financial conditions of the debtor and the primary mortgage. The company does not want to foreclose because, as is likely, the primary will get all of the monies from the sale, leaving nothing for this company. So, again, they do not want to force foreclosure. If they get tired of holding this uncollectable debt, they may sell it off to a collection agency. At that point, this original financial institution no longer cares. By law, they have to remove their lien within sixty days or face being sued by the debtor. If in ignorance and mistaken belief the debtor files for bankruptcy, Chapter 7 will exempt secured loans, which is what mortgages are, from discharge. That means that the debtor will still owe the mortgaged amounts, no relief, unless the debtor abandons the property. State laws can add to Federal bankruptcy law, but cannot supersede it, and, as we all know, state laws differ from state to state. So, a good, knowledgeable lawyer is essential. Some people “reaffirm” a mortgage loan in Chapter 7. Usually, this has no bearing. Secured loans are exempt from discharge, as stated above. Experts and lawyers direct debtors in this situation into Chapter 13, where the court assigned trustee can negotiate and restructure the debt into something that is likely grudgingly acceptable by debtor and creditors alike. In Chapter 13, secured debt such as mortgage loans are subject to the negotiations to restructure the debt. Such negotiations will likely get the second mortgage lending company something more than what they would have gotten at a foreclosure, but maybe not as much as selling it to a collection agency. It does not matter to the debtor who is trusting to get a result that relieves the burden into something manageable. One activity that debtors seem to not try is to personally try to reach an agreeable settlement with this second mortgage company. Nothing ventured is nothing gained, as the saying goes. Experts agree to start somewhat low, say at 10 percent of what is owed. If, and when, an agreement is reached, get it in writing. You may want to have a lawyer review the agreement before you sign. Reaching an agreement leaves all bridges intact, in the (unlikely) event that you engage this same company later on. "
What Happens When You Get a DUI in California?,"No matter where you live, driving under the influence is a serious offense with lasting consequences. In most states, a DUI is both a serious traffic violation and a criminal offense. If you cause major property damage or seriously injure a third party while you're driving drunk, you may be charged with a felony that carries a mandatory prison sentence. Although they're not to be taken lightly, California's DUI penalties are actually not as harsh as some other states'. For your first offense, you'll be assessed total fines and fees of between $1,500 and $2,000 and required to spend two days in jail. In practice, this jail-time requirement is often commuted to a community-service sentence or negated by the time that you've already served in detention. You'll also be required to attend an alcohol-awareness course that may take several months to complete. Once your case has been processed, you'll be sentenced to between three and five years of probation. For relatively ""minor"" first offenses, courts typically recommend an ""informal"" term of probation that doesn't require regular visits with a probation officer. While you'll still meet with your caseworker on occasion, you'll correspond largely by phone or mail. Of course, you'll need to inform the authorities of any planned out-of-state trips or changes of address. In addition, your probation officer will reserve the right to make an unannounced visit to your home or place of employment. If they can't find you, you may find yourself in a heap of trouble: In California, individuals who violate their probation often wind up in jail. As a ""binary offense,"" your DUI case will require you to deal with two separate legal entities. In addition to facing criminal charges in your local county court, you'll need to appear before the state's Department of Motor Vehicles within 10 days of your arrest to request the reinstatement of your driving privileges until you've been formally convicted. If it's only your first or second offense, the DMV will probably grant your request. Your DUI conviction will continue to haunt you even after your license has been reinstated. The cost of your car insurance may double or even triple: After just one DUI conviction, the average Californian sees their premiums increase by an average of $2,500 per year. Even worse, your crime will show up on employer-conducted background checks for 10 years or longer. "
What Will Happen If the Cosigner of Your Loan Files Bankruptcy?,"The prospect of building your credit with a cosigned car, home or personal loan is exciting. Your first big loan is a major milestone on your road to financial adulthood and can make or break your reputation in the eyes of future lenders. You may be so ginned up by the thought of finally owning something on credit that you fail to consider a problematic contingency: your cosigner's insolvency. Although lenders usually require folks who cosign a loan to have good credit, they sometimes make ill-advised exceptions to their stringent lending standards. Cosigners with poor or mediocre credit may fall through the cracks and be permitted to sign for loans that they can't possibly cover. Even if your cosigner's finances are in order when they sign for your loan, the turbulent economy offers no guarantee that they won't deteriorate over the long course of its life. After all, no amount of credit-checking or financial disclosures can uncover a problem that hasn't yet developed. The effect of your cosigner's bankruptcy on the status of your loan and your own solvency will vary according to the strength of your personal finances. Legally, your cosigner's bankruptcy filing wipes out their obligation to cover your loan in the event that you can't continue to make your payments. If they were providing you with funds to help you stay current on your loan, you may need to dig deep to remain in good standing with your lender. If you weren't relying on your cosigner for financial support and can continue to make your monthly loan payments without a problem, you'll see no practical change in your credit score or day-to-day financial health. As a rule, you should never use a cosigner as a crutch to take out a loan that you can't afford. Your cosigner exists to assuage your lender's concerns about your mediocre credit rating and modest income, not to provide you with a monthly allowance. Your cosigner's bankruptcy filing will unnerve your lender. To pacify them, send them a notarized letter that reaffirms your commitment to pay off the balance of your loan on time and in full. If possible, do this before they even learn of your cosigner's misfortune. You may also offer to put up more collateral for a secured loan. While you're under no legal obligation to do this, it may encourage your lender to lower your interest rate. "
What Happens to a Passenger in a DUI Arrest?,"While you should take precautions to avoid riding in vehicles driven by intoxicated individuals, it’s likely that you’ll find yourself in this situation sooner or later. If the driver is pulled over and arrested on suspicion of driving under the influence, your fate as a passenger will hinge on several important pieces of information. First, the arresting officer will assess your level of intoxication. If you’re sober, you may be asked why you hadn’t taken the wheel once it became clear that your friend was unable to drive properly. You must be able to offer a convincing answer to this question. Most likely, you’ll need to prove that you’re not currently licensed to drive, don’t know how to drive, or have a medical condition or legal restriction that prevents you from driving at certain times of the day or in certain situations. If you can’t offer a convincing defense as to why you weren’t driving, you may be arrested and charged with reckless endangerment. Your arresting officer will argue that you put yourself, the driver, and members of the public in danger by allowing your friend to drive drunk. Their case may be bolstered by the presence of other passengers in the vehicle. Certain states frown upon this interpretation of the reckless endangerment statute. As such, the arresting officer may choose to take no action and allow you to leave the scene of the accident. You’ll have several options for getting home. If you’re licensed to drive, you may be given permission to drive your friend’s vehicle home for the night. In other cases, you may be allowed to ride in the tow truck that brings the vehicle to the impound lot and then transported to your residence by a police officer. In rare cases, you may be escorted home in the back of the second police car at the scene. You’ll face a different set of consequences for: Failing a field sobriety test Blowing above the legal blood-alcohol limit If You Get a DUI In a State Other Than Where You Live, Can They Come and Get You If You Don’t Show Up In Court? In this case, most arresting officers will ask you to call a sober friend or taxi company to drive you home from the scene of the accident. If you can’t get in touch with a suitable driver, you may be arrested for public intoxication and forced to spend a night in jail. While these charges are often dropped or reduced in court, you’ll still be thoroughly inconvenienced. "
How to Write a Demand Letter for Personal Injury Without Hiring a Lawyer?,"Although many personal injury lawyers offer free consultations for promising cases, they’ll demand a cut of at least 30 percent of your case’s winnings should they choose to take you on as a client. Depending upon the size of your potential payout, you may not be willing to part with this kind of money. Fortunately, it’s possible to initiate many personal injury cases without the help of a lawyer using a properly-formatted “demand letter.” About 30 percent of potential defendants served with well-written demand letters opt to settle their cases before they land in court. You’ll find multiple templates for quality demand letters with a simple Google search. You don’t need to be an expert in legal parlance or even much of a writer to get your point across. What you do need is a command of the facts of your case, clear records to back up your claims, and an unwavering confidence in the rightness of your cause. Once you’ve thrown down your chips and sent out your letter, don’t involve a lawyer until it becomes clear that it won’t be effective. Otherwise, they may demand a cut of any pre-filing settlement. If your demand letter is to be addressed to a private individual or the proprietor of a small business, ensure that it is devoid of aggressive language or wild assertions about your counter-party’s motives. Instead, outline your case in polite, factual terms. Briefly review the sequence of events that led to your dispute. If your injury happened in a traffic accident, describe the driving maneuvers that caused the crash and clearly state why your counter-party is at fault. To strengthen your position, present your account of the incident as settled fact and include police reports, claims adjusters’ assessments and any medical or repair bills to back up your assertions. Next, present an ultimatum. Using the evidence that you’ve attached as your guide, demand compensation for your injury. For the purposes of your demand letter, don’t include any extra “punitive” damages that can’t be tied to specific injury-related costs. If your counter-party refuses to settle your claim out of court, you’ll be able to attach such damages to your pending case. For larger personal injury cases that make it to court, you may wish to retain a lawyer: They will earn their fee many times over by coercing your counter-party to exceed your initial request for punitive damages. "
Can I Get a Corporate AmEx Card After Bankruptcy?,"Although your bankruptcy filing will do away with most of your unsecured debts and allow you to begin a new chapter in your financial life, it probably won't completely eliminate your need for credit. If you have a job that requires you to book flights and hotels with regularity, you'll certainly require some type of credit facility during and after your bankruptcy process. Unfortunately, most credit card companies deny their customers' new-card applications without exception for several years following the discharge of their bankruptcy. Compared to its peer companies, American Express is known for holding its customers to especially high credit-score standards. Long-term customers rarely receive special treatment: Former cardholders routinely tell stories of decades-long relationships negated by a single bankruptcy filing. Years after their discharge, they're often still unable to secure an entry-level AmEx membership. If you're applying for one of the issuer's corporate cards, you'll find it even more difficult to maintain your relationship with American Express. These cards tend to have higher spending limits and offer more attractive perks relative to less-exclusive products. While most corporate cards are backed by their customers' employers, American Express views this backstop with some suspicion. The reason for this should be obvious: Cardholders who have demonstrated serious lapses in judgment with their finances present an unnecessary risk. After all, there are plenty of credit-hungry consumers whose credit scores aren't tarnished by a past bankruptcy filing. Cost-conscious companies may not reimburse insolvent cardholders who make dubious or extravagant charges with their corporate cards, leaving the issuer liable for payment. For similar reasons, American Express has demonstrated a reluctance to issue corporate cards even when the cardholder's employer has agreed to settle each statement directly. You'll have to wait a long time to get a corporate AmEx card after bankruptcy. A record of your filing will remain on your credit report for 10 years and all but disqualify you from consideration during that period. If you've endured other financial setbacks or experienced a long stretch of joblessness in the meantime, your credit score may reflect your bankruptcy beyond this initial decade. While there are few exceptions to this general principle, it may be possible to soften AmEx's strict standards in certain situations. This often requires a personal appeal and a negotiation for a special higher interest rate. It may also hinge on whether your bankruptcy filing affected American Express to any significant degree. "
What Is a Probation Violation for a 1st Offense DUI Misdemeanor in California?,"After you're convicted of a first-offense DUI in California, you'll be sentenced to a mandatory term of probation. Assuming that you pay the requisite fines, follow your sentencing judge's instructions regarding your conduct while on probation, and avoid further run-ins with the law, your probation typically will terminate within five years. However, the state of California's onerous conditions of DUI-related probation guarantee that you'll have to work hard to escape from your predicament without further legal damage. Regardless of the jurisdiction in which your DUI conviction occurred, your probation will have several universal features. First, you'll be required to enroll in an alcohol-counseling course. Unless there are extenuating circumstances in your case, you'll probably be allowed to complete a short three-month course in lieu of a more in-depth year-long seminar. You'll also be required to pay a ""base fine"" that may range from $400 to $1,000. Of course, the true cost of your DUI will be several times greater than this amount thanks to added court fees, the cost of your alcohol and driver-rehabilitation classes, and other miscellaneous assessments. Crucially, your driver's license will be suspended for a period of several months at the start of your probation. In practice, most first offenders can convince a judge that they don't pose a serious risk to other drivers and receive a restricted license in the interim. If you're granted a restricted license, you'll typically be able to drive during regular ""commuting"" and business hours between your home and school, work or other key destinations. Your probation will feature several additional restrictions on your behavior and freedom of movement. You must agree not to commit any misdemeanors or felonies or operate a vehicle after drinking any amount of alcohol. You must also agree to submit to a full battery of breath and blood tests following a suspected-DUI arrest. California's DUI probation laws are strict: If you fail to meet any of these conditions or renege on any agreements associated with your probation, you'll be found to be in violation of its terms. Unless your lawyer can negotiate an alternate arrangement, a judge may revoke your probation and sentence you a prison term of up to six months. Depending upon the circumstances under which you violated your probation, you may incur additional penalties. For example, a subsequent arrest for impaired driving will result in a year-long suspension of your driving privileges. "
How Do You Report Capital Loss on Stocks from Companies That Went Bankrupt and Went Away? Like Enron?,"Equities generally offer better returns than bonds, money market accounts and other low-yield, interest-bearing investment vehicles. This is because they are inherently risky. Whereas it is exceedingly unlikely that the United States Treasury will default on its debts in the near future, it is probable that one or more publicly-traded American companies will file for bankruptcy protection within the next year. If you own stock in a recently-bankrupt company, the IRS may permit you to claim the full amount of its original purchase price as a capital loss on the current year’s tax return. However, your holdings must be completely worthless and you must be unable to unload any remaining shares that you own. Unfortunately, many beaten-down equities don’t meet these two criteria simultaneously. Some bankrupt companies continue to trade as “penny stocks” for years even as their creditors slowly dismantle them. As long as a stock retains some value, the IRS views it as an active equity. Unless you can prove that it has ceased trading indefinitely and retains no nominal value, you’ll be stuck with your worthless position. With few exceptions, the equity must be de-listed by the exchange on which it trades before you can safely claim it as a capital loss. Otherwise, you’ll have to sell it for just a few pennies per share and claim a slightly smaller loss. Your ability to claim a capital loss on a now-worthless equity holding is limited in a few key ways. First, you must claim the loss during the tax year in which it occurred. Since an equity may continue to trade at dramatically-reduced valuations for years before its final de-listing, this can be difficult. You’ll have to continue paying attention to the stock’s price long after it’s in your interest to do so. If you become aware of the stock’s de-listing after filing your tax return for the year in which it occurred, you may amend that year’s return to reflect your newly-realized loss. The IRS will accept amended returns for the previous seven tax years. Beyond that, there is no facility for claiming a capital loss on a worthless stock. Also, the total value of your capital losses should not exceed that of your capital gains by more than $3,000 in a given tax year. However, you may “carry forward” losses greater than $3,000 onto future tax returns until they have been fully realized. "
Can I Leave the Country If I Have a Pending Trial Date?,"Depending upon the seriousness of your offense and the existing workload of the court in which your case will be tried, your criminal pending trial date may not begin for months or years after your arraignment date. During that period, the conditions of your bail may circumscribe your financial decisions and geographical movements. Regardless of the reason for your planned trip, your ability to leave the country will hinge on the type of crime with which you have been charged, the laws governing bail in your jurisdiction, and the personal proclivities of the judge assigned to your case. Courts tend to view individuals charged with certain crimes as “flight risks” which can reasonably be expected to flee the jurisdiction they are charged with. Such crimes may include financial transgressions like embezzlement or violent crimes like: In the first case, the charged individual may have ample offshore assets and find it relatively easy to skip town forever. In the second case, the crime’s seriousness alters the accused’s risk-reward calculations and makes flight significantly more likely. Can I change my plea at pre-trial? If your presiding judge deems you to be a flight risk, he or she will impose travel restrictions as a condition of your bail. These may vary from case to case, ranging from full house arrest in extreme instances to relatively lenient restrictions on international travel in others. In some cases, you may be asked to surrender your passport to the court until the conclusion of your trial. If you are not deemed a flight risk, you won’t be held to specific travel restrictions. However, you won’t be completely free to roam the planet. You’ll likely have several scheduled hearings between the date of your arraignment and the tentative start date of your trial. You’ll also need to meet with your probation officer or bail supervisor from time to time. They may even show up at your business or residence unannounced. If you’re absent from any of these meetings or drop-ins, your bail may be revoked, and you may face flight charges. It’s easy to avoid this nightmare scenario. Through your lawyer, tell your presiding judge of your intention to leave the country and make a persuasive case as to why you should be allowed to do so. If you can prove that you have family members or business interests overseas, he or she should permit you to leave. "
How Long After Bankruptcy Discharge Can One Stay In Home?,"Although your bankruptcy filing likely came as a welcome relief after years of struggling to make ends meet, the ongoing process has exposed you to some hard truths. Despite your best efforts, there's a good chance that you'll lose your home after your bankruptcy is discharged. There are only a few general exceptions to this rule. In many jurisdictions, the recent foreclosure crisis has created a perennial backlog of foreclosures and short sales. Whereas mortgage companies once had little trouble wrapping up foreclosure proceedings in just a few weeks, the process takes far longer today. Depending upon where you live, you may be able to remain in your home for six months or more after your Chapter 7 bankruptcy has been finalized. Once your bankruptcy is discharged, you will need to find another place to live. However, you may not need to leave your house immediately. While you can't track the progress of your foreclosure proceedings in real time, most jurisdictions maintain an online list of pending home auctions. Check your home county's website on a regular basis to monitor any changes in the status of your home. In most states, local authorities are required to give homeowners at least two weeks' advance notice of an impending auction. If you haven't been checking your county's website, you'll receive an auction notice from your county's housing authority or sheriff's department informing you of the exact date of the event. As this date is non-negotiable, you should vacate the premises soon after receiving this notice. If you fail to do so, you'll be forcibly evicted on or before the auction date. Since you're no longer under any obligation to make your monthly mortgage payments, you have a financial stake in remaining in your home for as long as possible after your bankruptcy is discharged. You'll save thousands of dollars in rent or mortgage costs by remaining where you are while the foreclosure process unfolds. Don't worry about your ongoing homeowners' association fees: They're likely to be less dear than rent on a new apartment that's big enough to hold your family. Of course, you will eventually have to leave your home. To prepare for the next stage of your life, start saving a healthy portion of your paycheck as soon as your bankruptcy has been discharged. After a few months, you may have enough to cover the cost of next year's rent. "
Can My Mom Cosign My Student Loans If She Filed for Bankruptcy?,"Your lender may require a cosigner on your student loans for one of several reasons. Most commonly, they'll ask a parent, relative or beneficiary to step in and guarantee your loans because your current income as a student is insufficient to cover any theoretical repayments. If you're just graduating from high school, you may also lack the credit necessary to secure a loan on your own. There will be no immediate ramifications if your cosigner files for bankruptcy after your loans have been issued. Your lender probably won't begin demanding repayment until after you graduate. Even then, you'll have no problems as long as you can make your monthly payments in a timely fashion. However, your mom's bankruptcy likely will render her incapable of providing financial support in the future. Once you fall behind on your payments, you'll find yourself facing off against a suddenly-aggressive lender alone. If the bankruptcy is already part of her credit history, your lender may not permit your mom to cosign for your loan. Bankruptcies linger for years, crippling borrowers' and cosigners' credit reports for a decade or more. Depending upon the state in which you live and the time elapsed since her bankruptcy filing, your mom's financial situation may disqualify her from backing your loan for the duration of your college career. Private lenders tend to be especially stingy with their funds. If your mom's bankruptcy filing precludes her from cosigning for a private loan that would cover the bulk of your tuition, you may have some public and non-traditional options at your disposal. Borrowing guidelines for federal PLUS Loans tend to be less stringent than those for private loans. While there are no fixed borrowing limits for PLUS loans, these products demand that their users meet certain income and credit-history requirements. With your mom's financial woes, it's possible that your PLUS Loan application will be denied on the basis of her credit history. However, a low combined household income figure might work in your favor. Absent PLUS Loan funding, Stafford Loans and Pell Grants can provide a valuable backstop. Awarded to undergraduate students solely on the basis of need, these products come with annual award caps of $20,500 and $5,500, respectively. Whereas Stafford Loans accrue interest at a low fixed rate and must be repaid after graduation, Pell Grants come with few strings attached and do not need to be repaid. "
"If You Get a DUI In a State Other Than Where You Live, Can They Come and Get You If You Don’t Show Up In Court?","Since the statutes governing DUI crimes are remarkably consistent across the country, DUI suspects generally face the same basic penalties no matter where their offense occurrs. Of course, they must deal with plenty of additional hurdles after an out-of-state arrest. At first blush, these hurdles may appear serious enough to warrant flight. Every year, thousands of out-of-state drivers who can post bail after a DUI arrest flee the arresting jurisdictions and head home. Folks who make this risky decision essentially wager that they can avoid any further run-ins with the law. Driving under the influence is a felony, and most DUI suspects who flee the state in which they were arrested are eventually caught. In fact, flight may deepen a DUI suspect’s legal woes: Once he or she fails to show up for the initial arraignment hearing, the local court usually issues an arrest warrant. Since most state police departments routinely share such information, this document will quickly circulate around the country. State and local authorities are too busy to look for escaped DUI suspects on an active basis, but the arrest warrants that they issue generally remain in force indefinitely. As such, a single traffic stop in their home jurisdiction may be all it takes to bring a suspect to justice for a prior DUI offense. Once it’s been determined that a re-arrested suspect has an out-of-state DUI warrant on their record, the arresting authorities will initiate extradition proceedings against them in a local court. This tends to be a formality: For serious offenses like DUIs, extradition requests are granted almost without exception. Once extradited to the jurisdiction in which their DUI arrest occurred, the suspect will answer to the original charge as well as any additional charges related to their decision to flee. While nearly all extraditions are approved, there may be mitigating factors that encourage the jurisdiction in which the DUI occurred to waive its right to press charges in a local court. Geography is the biggest of these: As the physical distance between the two jurisdictions increases, it becomes more expensive and time-consuming to send out a law enforcement team to retrieve the suspect. In this case, the suspect’s home state may simply suspend their driver’s license as if the offense had occurred there. However, the suspect would almost certainly be jailed upon their return to the state in which the offense actually took place. "
Could I Get My Security Clearance Revoked If I Have a DUI and Recently Arrested for Domestic Violence?,"Any type of government-issued security clearance is an implicit bond of trust between the issuing organization and the individual to whom it is issued. Depending upon the nature of the underlying offense, criminal convictions may undermine this trust. If you’ve recently been convicted of a DUI and are awaiting trial on a domestic violence charge, your security clearance may be in serious jeopardy. Since there are so many different types of security clearances and multiple issuing organizations, there are no hard-and-fast rules for security clearance holders convicted of serious crimes. For most agencies, a single alcohol-related incident is not grounds for revocation. If your initial offense is minor enough, the issuing agency may wait until you have demonstrated a troublesome pattern of alcohol abuse to consider suspending or revoking your clearance. Likewise, you’ll probably be able to keep your clearance after a single DUI conviction. There are exceptions to this general rule: For obvious reasons, intelligence agencies like the CIA and NSA frown upon excessive alcohol use. If you work for an intelligence service, your security clearance may be revoked after a single incidence of public drunkenness. If you were on assignment when the incident occurred, you may be discharged and find yourself subjected to further disciplinary action. If you’re a new clearance holder or you were convicted of a DUI or other alcohol-related offense before applying for your security clearance, your employer may be even less lenient. In these cases, a single conviction may convince the issuing agency to revoke your clearance. Absent a conviction, your interim clearance may still be revoked after you enroll in an alcohol-treatment program or disclose that you have done so in the recent past. Conversely, once you’ve made it through your trial period, you’ll be more likely to retain your security clearance after completing a rehabilitation or treatment program. Your domestic violence charge may complicate matters. If you’re arrested while your security clearance is active, most agencies will take a wait-and-see approach to your case. If you’re eventually convicted, you may lose your security clearance. If you’re exonerated, you will likely keep your clearance but may have to face internal disciplinary measures. Regardless of the outcome of your case, you must immediately report your arrest and subsequent conviction or acquittal. If you fail to report your domestic violence conviction, your clearance will be revoked and you will lose your job. "
Can You Request a Reduction In Your Probation to Join the Military?,"Your ability to join the military is conditional upon many factors, including your medical history, family status, educational attainment, and others. Some of these are static and may permanently disqualify you from service. While your legal status is not, it is generally settled that no branch of the military will accept your application while you remain on probation. If you wish to request a reduction in your probation to join the military, you must either:   After your probation has expired, your ability to join the military may be dependent upon the nature of the crime for which you were convicted. If it was a felony or a serious misdemeanor, it may disqualify you from service for as long as it remains on your criminal record. You’ll need to speak with a qualified lawyer or a recruiter for case-specific information on this rule. Filing Bankruptcy Before Enlisting in the Military? The military forbids its recruiters from providing legal advice to potential recruits. It also bars them from acting as intermediaries between said recruits and their probation officers or the judges presiding over their cases. The military enforces this rule on a zero-tolerance basis: Any recruiter found to be helping a recruit reduce the length of his or her probation is subject to termination. Arguably, the penalties for recruits involved in such a situation are even worse. To protect their own jobs, recruiters are obligated to report such recruit requests to their commanding officers. With few exceptions, recruits who broach the subject of probation reduction with their recruiting officer are permanently disqualified from military service. If waiting for your probation to end naturally is not an option, you’ll need to approach the judge presiding over your case. You may do this directly using written correspondence or through a lawyer who is well-versed in military recruiting issues. There is no guarantee that the judge will grant your request or even hear you out. In order to secure a reduction in your probation, you’ll likely have to submit to a drug screening and provide proof of residence, gainful employment, and other metrics that demonstrate that you’ve “learned your lesson.” There is a riskier way around the no-reductions rule: At his or her discretion, your judge may cite “good behavior” or some other misleading reason for reducing your probation. "
How To Become A Lawyer Without Going To Law School,"As surprising as it might sound there are several states in our Union that allow a person to become a lawyer without having to go the law school.  Seven states are currently known to allow this situation to occur: Vermont, New York, Washington, Virginia, California, Maine, and Wyoming.  The American Bar Association (ABA) frowns extremely heavily upon this but it is not illegal.  Most states still prohibit out-of-state licenses to practice in their courts so that the ramification of a person who obtains a license to practice law without formal schooling stays essentially within that state. Although one can obtain said license getting that licenses still requires great determination and effort on the part of the lawyer-in-training (LIT).  The phrase is apt as the “no school required” states do require four years of daily, hourly study under the tutelage on a practicing lawyer and learning on the job!  Also, the LIT must pass the state’s bar exam(s).  As expected each state has its own rules and regulations around the LIT situation to insure that the person involved does know the state’s law sufficiently to provide the proper service to his or her clients. One of the striking benefits of the no-school approach falls out of the starkest benefits of this approach.  With no school involved the LIT does not incur the breathe-taking expense that typically results from going through law school.  Numbers like $132,000 and up are spared the no-school or “law office study” (LOS) LIT (LOSLIT).  The striking benefit that comes out of this is the ability to take a lower paying position rather than having to get top dollar to pay off the surreal debt.  Also, the LOSLIT has a number of years of actual experience in a law office (at least four), with a practicing lawyer, having done “lawyer things” day in and day out.  Still, LOS is a tough row to hoe.  Metrics on bar exams shows that over 73% of schooled lawyers pass while LOS LITs only pass 43% of the time.  In most of the LOS states there is no provision for those who did not pass to retake the bar exam again. It is important to note that the ABA was not incorporated until 1878.  There was very little formal schooling for lawyers before that.  There is, however, a litany of great Americans who were lawyers before the ABA came to be and many of them had no opportunity to attend law school; some of them had no formal schooling at all.  Yet, they became lawyers (not sure if they had to be licensed) and practiced law successfully. Another benefit of the no-school approach is that those who could not afford to attend law school can become lawyers in the allowing states.  Not having to face the previously mentioned costs opens the field to those who are very able lawyers yet very financially challenged.  Some people noted that even in this modern age, a number of LOSLIT lawyers have achieved height in their profession, some even to their respective state supreme courts.  That is rather impressive for not being schooled. "
What Is EEGTL Tax?,"EEGTL Tax Overview EEGTL tax is paid by each individual member of an employer-sponsored group term life insurance plan. Like IRA, 401(k) or medical plan contributions, it is typically deducted from each plan member’s paycheck. If each individual member’s coverage remains under $50,000, federal law allows employees to make tax-free contributions to their employer’s group term life insurance plan. However, some group term life insurance plans now carry individual death benefits in excess of that amount. EEGTL tax applies to the portion of each employee’s contribution that covers death benefits beyond the $50,000 limit. It also applies to contributions to plans that provide coverage for members’ dependents in excess of $2,000. Group term life insurance carries a fair market value that is tax-preferred but not tax-exempt. This value is calculated according to the IRS’s Uniform Premium Table I and may vary slightly relative to the plan’s premiums. While it is not exempt from federal income tax, it is not subject to withholding. However, FICA and Medicare payments are withheld from each employee’s fair-value contributions. As such, EEGTL tax accrues at a slightly lower rate than regular-income tax. EEGTL Tax: What You Need to Know EEGTL tax applies to any employer-sponsored group term life insurance contributions on coverages in excess of $50,000. Employees can avoid paying EEGTL tax on policies with sub-$50,000 coverages thanks to Section 125 of the IRS code. Known as “cafeteria plans,” employer-sponsored benefit arrangements set up under this statute are not required to withhold federal income, Medicare, FICA and FUTA taxes from employee contributions. Typical benefits provided in a Section 125 cafeteria plan include health insurance, dental insurance, special supplementary coverages like accidental death and dismemberment, and group term life insurance. Within the Section 125 framework, group term life insurance is an outlier: It is the only “fringe benefit” subject to a cap on tax-free employer contributions. For an employer-provided life insurance to be considered part of a “group plan,” it must meet several requirements. First, it must be provided to more than 10 full-time employees. Even if a business has more than 10 employees, it may not achieve the “10 employee rule” if it requires its employees to pay for coverage that extends more than one year beyond their termination date. Provided that they provide group life benefits for all of their full-time employees, the IRS will exempt businesses with fewer than 10 employees from this requirement. Under Section 125, group term life insurance benefits must be distributed more or less equally among eligible employees. If certain “key” employees receive benefits valued at 125 percent or more of “non-key” employees’ benefits, the “key” employees must report them as taxable income and the $50,000 benefit exemption does not apply. In this case, EEGTL tax is assessed on the entire fair value of the plan. Former employees who elect to continue receiving group term life insurance benefits in excess of $50,000 are responsible for paying their own EEGTL tax. "
What Is an Underlying Mortgage?,"Underlying Mortgage Overview An underlying mortgage is an original loan taken out by a housing cooperative to finance the purchase of the land or building that it occupies. This term may also be known as a “blanket loan,” “blanket mortgage” or “blanket debt.” Although it may also be used to describe both the initial loan in a wraparound mortgage agreement and one of the pieces of debt that comprise mortgage-backed security, it is most commonly used in relation to the housing-cooperative market. A cooperative’s underlying mortgage payments may swallow a substantial amount of its members’ monthly fees. Although co-op arrangements vary widely, members often subsidize the cost of their association’s underlying mortgage even when they are responsible for a separate mortgage on their individual unit. Once the obligation has been paid off, their membership duties may drop significantly. In fact, underlying mortgages represent a principal source of income for struggling housing cooperatives. In recent years, a robust secondary market for these products has made it increasingly easy to refinance them. Co-ops may also refinance their underlying mortgages to pay for major expansion or upkeep projects and to take advantage of lower interest rates. Mortgage Law: Judicial vs. Non-Judicial Foreclosure Underlying mortgages can be sourced through one of two principal sources: While co-ops have traditionally turned to primary lenders for support, the secondary market has become increasingly viable thanks to persistently low rates and lax financial regulations. Since co-ops tend to have access to deeper pools of funding, underlying mortgages with terms as short as five to seven years are not uncommon. They become especially prevalent when interest rates fall. A building association that elects to secure short-term financing for its property may pass this cost onto its members. However, to prevent dues from becoming prohibitive, it may spread the full cost of the mortgage over a longer period of time. This has the added effect of reducing the financial burden on charter members and affording new members a stake in the property. In addition to the advantages associated with their refinancing, underlying mortgages may provide co-op residents with a surprising tax benefit. If they can prove that their monthly dues are used to cover payments on the co-op’s land or building, they can use the interest on the mortgage-related portion of those dues as a tax write-off. On the other hand, underlying mortgages pose significant risks to co-op members. If the association’s board elects to take out an adjustable rate or a balloon mortgage, it may set up the co-op for disaster in the event of an unexpected interest-rate spike. In addition to losing their equity share in the underlying property, shareholders evicted from their co-op due to bank foreclosure or a bankruptcy filing on the part of the association will remain responsible for paying off the secondary mortgage on their former unit. "
What Is an ALPLN Loan?,"ALPLN Loan Overview An ALPLN loan is a type of private student loan. The terms “private” and “alternative” may be used interchangeably to describe this student credit facility. They tend to carry higher rates of interest than government-issued products like PLUS, Stafford, or Perkins loans. As such, most experts recommend using them only to supplement federally-backed loans and scholarships. Since ALPLN typically comes with higher loan limits than their federal counterparts, they are often used to cover the cost of tuition at expensive private institutions. Graduate students who do not qualify for financial aid may also utilize ALPLN loans. The base rates of interest on these products vary according to the proclivities of their issuers and the credit ratings of their borrowers. Once issued, most ALPLN loans adopt variable interest rates that closely track the LIBOR benchmark and change quarterly. Some lenders may offer low “teaser” rates for a specified period at the outset of the loan’s term, making alternative loans an attractive option for families who can afford to pay back a significant portion of their balance in short order. As a Sole Proprietor, Can I Write Off My Student Loan Payments? Since they are not backed by the full faith and credit of the U.S. government, ALPLN loans may require borrowers to find a co-signer. This is especially common for young borrowers and older students attending college for the first time. In fact, many lenders have taken to requiring a co-signer for their ALPLN loans regardless of the circumstances. In order to remain eligible to receive disbursements, borrowers generally must take enough school credits to be considered a half-time student. Once a student drops below half-time status, they must begin repaying their loan immediately and may forfeit future disbursements. Most lenders require students who wish to renew their full-time status to reapply for their loans. The repayment term on a standard ALPLN loan may range from 10 to 25 years. Any fees associated with the loan’s origination are added to the balance to be repaid. Most lenders offer three basic repayment options: Borrowers must begin repaying student loans specified as “immediate repayment” vehicles as soon as the loan is granted. Doing so may be challenging for a full-time student with limited employment opportunities. However, it can benefit students whose parents have chosen to assume the cost of the loan: If their parents can pay off most or all of the loan before its low teaser rate expires, they may save considerable amounts of money. Alternatively, members of the workforce who attend graduate school on a half-time basis may elect to use this method for the same reason. While they’re attending school, “interest-only” borrowers must repay the interest on their loan’s principal as it accumulates. Once they graduate, they will be held responsible for repaying its full principal and any additional accumulations of interest. “Full deferral” ALPLN loans must be repaid after a pre-determined grace period that may last as long as 12 months after graduation. "
A Felon Taking the Bar Exam,"— Going to Law School — Taking the Bar Exam — Becoming a Licensed Lawyer — Allowed to Practice Law Each of the above bulleted points is a step a person needs to take to become an experienced practicing attorney in that person’s resident state.  Each state’s rules for becoming a practicing lawyer in that state differ somewhat from each other state but each of the states have essentially the same types of rules.  Also, there are differences in each state for the licensing of lawyers and restrictions for becoming a lawyer in a particular discipline or business.  What becomes a little odd, what seems to be odd, is that some states have rules that make it very difficult to attend law school in that state if the person has a prior felony.  A felony is not an automatic bar, but ….  It is a question on most law school applications in almost every state.  It is something that the school apparently can take into account when reviewing the application for acceptance or rejection.  The same goes for taking the bar exam.  Each state handles it the way it wants and some states, such as Florida, will not allow a felon to take the bar exam.  Nearly every state has a rule about getting the license to practice.  The person to be licensed must have objective evidence that he or she is a person of good moral character, complete rehabilitation, and a member of the community.  Each state seems to express it in some different way, however.   According to many experts several states will not license a lawyer who is a felon.  Some states require at least five years having past following completion of sentence before considering an attorney license to a former felon.  Some states just have the morals and character and fitness criteria.  In most states the state supreme court and the state bar association are the ones that set the rules and conduct review for licensing approval or rejection.  Rejection can be due to having poor financial capability – it makes a lawyer potentially subject to temptations of money or favors.  States do not want to have these types of people as lawyers.  One of the criteria is moral turpitude.  Lying, cheating, and stealing are all crimes of moral turpitude.  This is another type of person that states do not want becoming lawyers.  A state review board called the “Character and Fitness” review board has the accountability to investigate these exact attributes in each and every attorney candidate seeking a license.  They go very deep into each candidate’s background to make a learned decision based on this due diligence.  State review boards are one’s that get hammered by the press and community when a bad apple turns up in the barrel of lawyers.  Everyone expects perfection from this discipline and its licensing boards.  It becomes the candidate’s challenge, especially with a felony in the candidate’s past, to convince the Character and Fitness board of one’s character and fitness to practice law in that state.  Experienced people state that the board show very, very little leniency in these areas.  Not impossible, it is a tough hill to climb. "
Impact of Out-of-State DUI,"Consider the scenario where a person is out of state and is arrested for DUI.  What impact does this event have on that person back in the person’s state of residence?  While each state is sovereign and has its own laws and penalties around DUI the states do essentially the same things and are fairly close on its penalties and relationships with other states.  Many but not all states currently use a national information system that share conviction details.  The system is now in place and is known as the Interstate Compact.  It is a multi-state agreement among participating states.  These states share information and reciprocate actions against violators.  Currently Wisconsin, Tennessee, Georgia, Massachusetts (MA), and Michigan are all Non-compact states and do not share DUI conviction information through the system.  MA will notify a person’s resident state directly and provide the details of an arrest, BAC testing, and any other pertinent information.  MA will also treat an out-of-state DUI just as if the DUI occurred in MA.  Another system, the National Drivers Registry, is a central repository of driver events allowing other states to review an out-of-state (OOS) driver’s record in the event of a stop or subsequent arrest.  Most state act in some way as does MA with a MA resident arrested for an OOS DUI.  This means that the resident will have his or her license suspended, likely for one year.  If the resident ignores the OOS hearing, the resident can expect a bench warrant for that resident’s arrest.  It is unlikely that this warrant will lead to the extradition of the resident to the arresting state.  The experts state that no state will have a resident stand trial under the resident’s state law for something like a DUI that occurred in another state.  The arresting state can and will hold the OOS offender for a hearing and or trial if the circumstances warrant it.  If there are fees and fines, the OOS offender will likely have to pay them before being allowed to leave the arresting state.  The arresting state apparently gets what is can from the situation, such as it is.  It is as if the state knows that it will not likely see the OOS offender again, but the bench warrant is a way of getting the offender if he or she is identified while again in the arresting state.  Several people experienced such an event, traveling through a state with an outstanding warrant for an unresolved DUI, then being stopped, identified, arrested, and jailed.  What fun if on a trip with family.  It is recommended by experts to not ignore the summons to a hearing even if out of state.  The arresting state does not really care about the hardship of returning to the state for the hearing.  As many people comment the accused should have considered that before drinking and driving.  It often sounds a bit self-righteous, but it is the correct way of viewing the situation.  Too many people have just a few beers or glasses of wine at dinner and somehow get into a police stop and arrested.  It is simply the law being applied whether one likes it or not. "
Bankruptcy Protection from a Civil Suit,"When a person files for bankruptcy and the filing is accepted by the court, the person who now becomes a debtor receives immediate protection from any and all forms of collection and litigation due to financial liability.   Assuming that a civil suit was being initiated due to past due monies being owed a creditor, that civil suit is stopped in its proceedings.  It cannot go forward until after the bankruptcy discharge and will only be a worthwhile civil suit if the debt the debtor owes that particular creditor somehow survives the discharge.  If the debt is wiped out, the civil suit goes with it.  The creditor and his or her civil suit are bound by the automatic stay as soon as the court clerk stamps or time punches the filing that now becomes a petition.  No one has to necessarily notify the creditor of the filing.  However, once known the creditor must cease collection efforts or face contempt charges.  The debtor’s petition has to undergo scrutiny by the court and an assigned bankruptcy trustee, and survive this scrutiny.  This is the typical situation.  But, that does not make the wiping out of the debt a guarantee. The creditor is not simply brushed aside in bankruptcy cases.  The creditor has the right to be present during the “341” hearing, the interview session by the trustee of the debtor as required by Section 341 of the Federal Bankruptcy Law (FBL).  The debtor is under oath and bound by this regardless of who is asking the questions.  One of the underlying purposes of this hearing is clarify any information filed with the petition that needs clarification, and to determine that what the debtor filed under oath holds up under scrutiny.  Creditors are often allowed to also ask questions of the debtor.  The reason a creditor would ask the debtor questions would be try and establish either fraud or intentional misconduct.  “Intentional misconduct” has a legal definition that can be applied.  The term “intentional misconduct” legally means “… conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person [42 USCS § 1791 (b) (8)].”  To paraphrase the situation, if the debtor’s lack of payment to the creditor willfully put someone else into harm’s way, the trustee and or the bankruptcy court judge could exclude that liability from discharge, keeping the debt in existence, keeping the civil suit in a viable state.  Also, if the debtor came by the debt in a fraudulent manner, say by lying to the creditor to obtain a credit line, then running out the credit, refusing to pay the creditor and using the bankruptcy Chapter 7 to wipe it out, again, the trustee and or the judge could exclude the debt from discharge.  A creditor who wishes to challenge the discharge must do so within sixty days after the discharge is issued.  The challenge will be showing that the debtor obtained the credit by lying, not lying about things after receiving the credit.  It is an essential point in the drive to retain the debt. "
Jail Time Awaiting Extradition on Old Out-of-State Felony Warrant,"A person who has an outstanding arrest warrant for an out-of-state felony is found out, arrested and jailed while awaiting extradition.  The question that comes to roost is how long the resident state can hold the accused while the felony state gets around to extraditing. Most experts agree that the typically amount of time one state gives another for extradition is about one month, 30 days.  This waiting time of one month includes the notification to the felony state that the resident state has the accused in jail, through to the point where the felony state comes and picks up the accused to stand trial, or to decide that the felony state does not want to prosecute, regardless of the reason.  There is always the situation where the felony state might request an extended time allowance to get its preparation and or decisions completed.  The resident state might not feel like extending the time for whatever reason.  The US Supreme Court has upheld a state’s right to refuse extradition.  Only Missouri and South Carolina do not participate in the Uniform Criminal Extradition Act (UCEA).  The UCEA provides the right of the state, even a citizen, to arrest fugitives in the resident state accused of a crime in the felony state if the penalty for that felony in the felony state is at least one year in jail.  While Missouri and South Carolina have not accepted the UCEA, it does not prevent those states from having their own extradition laws and using them to the fullest. Just an odd thought … There is no evidence any the resident state would consider having the accused stand trial in the resident state for the felony done in another state.  From experienced individuals to experts in this area, if a felony state either decides to not extradite or fails to decide in the allotted 30 days, the resident state will simply allow the accused to go free.  There are instances, however, where one state feels that the accused could not get a fair trial because of media coverage corruption of the available jury pool, and moving to another state to gain an unbiased (at least a less biased) jury for the trial.  The defense attorney cannot simply make the state move the trial elsewhere.  Motions and hearings for this “change in venue” would need to be filed and processed before such an event would be approved.  The logistics for such a happening must be somewhat chaotic.  Apparently this type of change would only have legal basis if the case is a federal case rather than a state felony.  State sovereignty over its laws, procedures, magistrates, judges, and courts makes the state to state change in venue improbable.   But what if one state brought its own judges to the other state …?   Not allowed, again due to the sovereignty of each state. Unfortunately, many people who experienced this situation simply waited out the extradition, knowing that most states and out-of-state jurisdictions are so overworked that the states and jurisdictions prioritize the crimes they want to take to trial and simply leave the rest untried.  It is a sorry state of affairs. "
Impact: Buying a House Right after Bankruptcy,"The only constraint to a person’s ability to buy a house right after emerging from a bankruptcy by discharge is finding someone who will give that person a loan to buy that house.  Knowing that mortgage providers use a formula involving income, liabilities, credit rating(s), family size, and some other criteria, the emerging debtor may or may not know the financial picture that the debtor now has, may or may not realize what his or her financial picture means.  A typical scenario for a person who becomes a bankruptcy debtor is that before filing for bankruptcy, the person filing has likely been going through some rather difficult financial and credit situations.  Depending on the number of creditors involved and the length of time the difficulties have been going on, the person who will file has likely had his or her credit rating in a steady decline.  Creditors typically file their information to the credit bureaus every month to three months.  While creditors must halt collection action while the debtor is in bankruptcy, the creditors can and likely will continue to report the account as being delinquent, continuing to negatively impact the debtor’s credit score.  Consider the fact that a Chapter 13 bankruptcy will continue for 36 to 60 months before discharge, but you also have that time to prepare for coming out of bankruptcy.  While many people have stated their experience of losing 100 to 200 points from their credit score following bankruptcy discharge, some have stated that they experienced 300 to 600 lost points.  It is hard to express anything reasonable in facing a 600 point loss on a credit score.  Brutal does not seem adequate in any way to describe that outcome.  Those experienced with reclaiming credit and obtaining credit after a discharge related that improvements can begin to be felt within six months.  Most general lenders want to see two years of problem free on-time payments before considering making a loan.  Those lenders who are willing to provide loans sooner are very likely to demand higher interest rates and adjustable rates.  While a higher rate is possibly doable, an adjustable rate can quickly drive the person back into a financial struggle.  Most recommended staying away from the adjustables. One specific lender that a person fresh out of bankruptcy should consult with is the Federal Housing Administration (FHA).  The interesting and rather good news about the FHA is that they do not use FICO® credit scoring to make a loan decision.  If this is actually accurate, then the constraining criteria end up being rather simple.  Except for the necessary waiting periods stated, almost anyone in need should be capable of applying for an FHA mortgage. To qualify for an FHA loan you need: — to wait 24 months after your Chapter 7 discharge Or have both
— a discharged Chapter 13 and
–12 months of on-time Chapter 13 payments if you’re still paying your trustee as well as trustee approval to obtain the loan while under bankruptcy control. Also, most FHA loans have upper limits for different property areas. One needs to check and know what the loan limit is and that the mortgage being sought does not exceed the loan limit for that area. Once one knows what the area loan limit is one only has to contact an FHA mortgage lender and inquire about applying and being pre-approved. "
Expunging DUI in California,"The reasons for having a California DUI expunged are to: This can occur with a successful request to the Court for review of a DUI in California or conviction related to driving drunk.  The Court will initially review and determine: The Court then may allow the requester to withdraw his or her plea or guilty finding or no contest, and subsequently orders the case dismissed.  A legal withdrawal of a plea, any not guilty entry, and a court dismissal of a California DUI being granted, the requester is released from every penalty and punishment due from the DUI conviction.  The Expungement law (Penal Code Section 1203.4) provides in part: “[Requester shall]…be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except…” However … The expungement does not allow the person to ignore the obligation to disclose the expunged  conviction in response to any direct question contained in any questionnaire or application for public offense, for licensure by an state or local agency, or for contracting with the California State Lottery. Also … The expungement does not allow the person to own, hold, or have custody or control of any firearm capable of being concealed by the person, and it does not prevent conviction of the accused under California Penal Code section 12021. If any employers ask about being convicted of a crime, the person can usually answer “no”.   Since every question can be different it is advised to contact an attorney before answering any specific question. On questions by government agencies or government licensing applications the person must disclose the expunged case. A dismissed DUI conviction can and will be used as the basis for repeat DUI and likely add to penalty and punishment in future DUI cases. The offense is “priorable”.  It can be used put the offender in jail or increase the length of a DMV suspension. An expungement alters the disposition of the case to reflect this dismissal under 1203.4 of the Penal Code. This means that the Court file, the California DOJ, and the FBI must alter their files to show that this case has been ordered dismissed by the Court. "
Take a Chance: Plead Guilty to DUI without a Lawyer,"Every state, every jurisdiction has laws against drinking and driving.  Be it driving under the influence (DUI) or some other acronym or name, it is the same thing.  Every state and jurisdiction has its own penalties and fines and uncomfortable results for a person who is arrested and convicted of such a crime.  The penalties and fines and uncomfortable results get worse if the person is a repeat offender.  The person arrested, the accused, likely does not know the law, the courts, the judges, the magistrates, the district and prosecuting attorneys and the police officer(s) involved in this case.  The accused does not likely know what is going to happen when, essentially going along for the ride that will end up in court, most likely.  The accused does not likely know what to say when, what not to say, how to leverage actions or events that come up along the way to the court hearing to his or her benefit.   The accused likely does not know how to negotiate when applicable, does have any relationship with any of the trial personnel or the law enforcement personnel to leverage in the proceedings. But, the accused has the option of pleading guilty to the charges and essentially throwing one’s self on the “mercy” or subjectivity of the court.  What can occur, one might ask.  Well, the answer starts off with the opportunity for the accused to a trial and judgment by a jury of the accused’s peer will no longer be an option.  The penalties, fines, fees, jail time, and whatever will be dictated by the subjective though focused opinion of the judge.  The answer could be the worst results possible in terms of penalty, jail time, fines, fees and whatever else the legal system can devise.  Or, the answer could be the least with the accused essentially getting off with only whatever is mandated by the state’s or jurisdiction’s laws.  Or, it could be something in between.  All of this can and will happen in some shape or form, when an accused takes on the legal system on his or her self.  No, it does not seem to a smart approach to the situation.  But, it is the right of the accused to not have representation or to represent one’s self.  Of course, the accused could feel such remorse about the situation, feel so much guilt having committed this crime that the accused perceives the only solution is to allow the court to punish the accused as severely as the court deems proper. With a lawyer, even one that is assigned by the courts, the accused has the opportunity and options to change if not at least lessen the outcome of this case.  The accused’s lawyer will use his or her knowledge and relationships of the court and people to bring about a better outcome.  The attorney knows the law, knows how to argue for and against what is said, what might be inferred, knows how to negotiate towards that better outcome.  A lawyer can cost money, but that is what the accused pays for – a person who knows how to make the best out of a not so good situation. "
Weighing Choices: File Bankruptcy or Let Car Be Repossessed,"Most people with experience in this or with an opinion recommended leaving bankruptcy as the very last option, mainly because what a bankruptcy discharge does to one’s credit score.  Typically, a debtor can expect at least a 100 point downturn and as much as a 200 point downturn on his or her credit score.  That is an event that is difficult to turn around.  With that in mind, the focus comes to the vehicle that is the debtor’s concern.  A loan that uses the asset being purchased as the security for the loan of that asset the loan is a called a secured loan.  This asset has worth when it is purchased and its worth will typically increase or decrease over time.  With a car the asset worth often decreases.  As most people know the worth decreases more quickly if the car is need of repair and or not taken care of very well.  When a car owner has a loan on the care and that loan is in arrears, the chances of repossession increase as the arrears’ term lengthens.  When a car is repossessed, the (previous) car owner can be faced with a discrepancy judgment.  This judgment is given to an asset repossessor, the judgment requester that can show that the asset is worth less than the amount owed on the loan.  The judgment can also contain any additional cost and fees that the repossessor incurred due to the repossession.  Repossession appears on a credit report.  A court judgment will also appear on the debtor’s credit report.  Even the debt owed after repossession and before judgment is reported against one’s credit score.  At least one expert stated that repossession itself will impact a person’s credit score from 50 to 150 points.  That is almost or as bad as a Chapter 7 discharge’s range.  Then comes the unpaid amount; then the judgment.  One person related that an unpaid judgment continued on a credit report for twenty years.  Typically, its seven years, like repossession.  A discharge stays on a credit report for 10 years. Now, the comparison … Credit score:  chapter 7 discharge is 100 to 200 points while the repossession is 50 to 100 points. But, the additional credit score entries for unpaid balance and judgment might simply balance them out. Amount to pay:  a Chapter 7 discharge wipes out the car and its debt while the repossession is a circus of stress, phone calls, irritation.  Chapter 7 would appear to weigh better in this balance.  Also consider that Chapter 7 may leave the debtor with the car if it has little liquidation value.  The debtor might be able to at least sell the car for parts or a tax write-off, or even get some money for it in a “trade-in” if the debtor can find someone to sell the debtor another car on loan. Have a car:  Chapter 7 may leave the debtor with the car that cannot go while the repossession will definitely take the car and leave a judgment or worse. A bankruptcy will (very well should) incur lawyer fees.  Not sure on a repossession …  Debtor’s choice. "
"Quitclaim Deed Impact: Ownership, Mortgage, and Bankruptcy","A quitclaim deed is a very simple conveyance vehicle.  It holds the statement that the person named and whose signature the vehicle bears (grantor) has quit, the legal word is remise, any ownership to the property named and conveys it to the person who holds this quitclaim (grantee).  There is no guarantee or warranty connected to this quitclaim.  The trick is that a person who owns absolutely no ownership of a property can file a quitclaim to that property.  Why might someone do so, one might ask.  To perpetrate fraud, sell someone zero ownership to a property, is a very likely reason.  The problem with a quitclaim deed is that it does not have a legal remedy if the claim is wrong, bad, not there.  The one who holds the quitclaim is left holding the bag.  Nice. Before discussing the impact of a quitclaim on a mortgage, it is best to insure knowing what it means to a co-signer on a mortgage.  As a co-signor on a mortgage means that the co-signor’s financial position was used, along with the financial positions of the other co-signors, to obtain the mortgage.  As a co-signor on the mortgage, each co-signor can be legally held solely accountable for the remaining amount of the mortgaged loan.  “Solely accountable” means exact what is says.   For example, if three co-signors were sending money to co-signor #4, and that person took off for parts unknown, the mortgage company would come after the remaining three for its money.  This is bad business.  If one co-signor was left, that co-signor would be stuck with whatever the problem now is.  This is very bad business, indeed. Now, it is on to bankruptcy.   The situation above is very indicative of what a bankruptcy does to a co-signor left with the responsibility of the mortgage after the debtor co-signor has had his or her responsibility for the mortgage discharged.  The non-filing co-signors must be listed on the assets and liabilities list containing the mortgage.  The non-filing co-signors may even be notified and invited to the debtor’s 341 hearing.  At that time, they may even be able to ask, “Hey, Joe.  What did you do with last three months of mortgage payments?”  If “Joe” cannot account for it, or has hidden it, the bankruptcy could be dismissed and “Joe” could be charged and tried for contempt of court and bankruptcy fraud. So, what is the impact of a quitclaim deed on a mortgage?  True answer is that it has no impact.  A mortgage is based on ownership.  Co-signors co-own the property.  When one of the co-signors quitclaims the property, it leaves the remaining co-signor(s) with the rights, and liability, to the property.  However, a quitclaim has no impact on the accountability for the loan.  The co-signor who quitclaimed still owes that share and still has financial obligation for the loan.  If that quitclaim co-signor now goes to bankruptcy court, the quitclaim still has no impact because bankruptcy is all about finances and financial accountability and nothing about a quitclaim.  In fact, it makes little sense to have filed a quitclaim in the first place. "
Activities and Events that Occur at a Pretrial Hearing,"After a person is arrested and or charged with some particular illegal activity, a pretrial hearing is often scheduled.  A pretrial hearing is a session with the judge that occurs before trial.  There is a number of reasons for a pretrial hearing.   The pretrial hearing is an accused person’s last court appearance for a criminal charge before the case goes to trial. At this hearing, the various participants, mainly the district attorney and the defense lawyer, generally have acquired whatever information they believe that they need to fully negotiate and navigate the case, including information from the crime victim and witnesses. To negotiate the case, the prosecuting attorney will have gathered and considered the following points:   What Does Disposed Mean In A Court Case? If the parties are unable to resolve the case by negotiation, the pretrial occurs, and a trial date will be set. Negotiation between the prosecutor and the defense can continue pending trial and often continue during the trial.  The process of the pretrial hearing begins with an agenda, the reasons for having the pretrial.  Most cases are brought to the court because of a conflict in a process of a legal event, like a divorce or a settlement over seemingly basic issues and these can often be solved without a formal trial.  Both parties and their respective lawyers must be present to be near the judge who needs to mediate this discussion. If one wants an experienced lawyer present in the local process who may know the judge involved and one abides in a particular city or jurisdiction, then a good idea is to have a local legal action or criminal attorney who will most certainly see that the client has the legal power to help if one needs it.  Most trial cases of criminal activities in which the accused usually expresses a plea occur in the pretrial hearing, always outside the court trial.  Many things can be discussed during this hearing, which can be later used in the court if required. A client needs to understand the details of a pretrial hearing, explained by their criminal attorney primarily because a judge is present. The judge often lays down some basic rules before the trial actually starts.  It is purposeful for the attorney to manage any discussions that occur without damaging the situation of the client. Experts explain that there have been situations where the pretrial hearing has even solved the case without a trial.  For this simple reason, a pretrial hearing is preferred by many people. An accused person will not necessarily be facing jail time at the pretrial hearing.  The Judge must make sure the accused understands the charges, explain the rights the accused has in the particular situation the accused is in, explain the type of sentence and penalty the accused faces, and will discuss bail, release, or custody with the accused.   "
Obtaining a Real-Estate License after Filing for Bankruptcy,"Federal Bankruptcy Law (FBL) has a section, 525a that prohibits any government agency from causing a person to be denied a professional job license based solely on having filed for bankruptcy.  Whereas real estate licenses are granted by the sovereign states of the United States, federal bankruptcy law applies to these real estate licenses.  Section 525a rules also hold the same for license renewals.  Bankruptcy itself cannot impact obtaining or renewal of a real estate license when someone applies for a job at a federal agency.  Federal law, however, also prohibits such bias by the real estate companies themselves.  Companies set their own criteria for these types of situations and cannot have that bias in their hiring practices.  Section 525a again rears its powerful influence. There is a law against it.  That being said, many people experienced in this, seeking a job in real estate but also having suffered a bankruptcy, have felt that there was a bias in the real estate agency.  Several experts stated to not hide the fact of a currently filing or previously being in bankruptcy.  It is all about the hiring company wondering about the integrity of this candidate.  Up-front admission removes doubt about integrity later.  If there is a hiring bias, better to know early and go elsewhere if necessary. To take this a bit further, section 525a prohibits any government agency from causing a person to be denied any professional job license based solely on having filed for bankruptcy.   This includes lawyer, doctor, engineer, any discipline that demands licensing or certification.  It is easy to see that anyone hiring a current or former debtor can concoct a reason for not hiring such a person.  In some states additional laws and rules expand the prohibition to state agencies, and in some cases to vendors and suppliers who work with and or for state agencies.  Federal and state laws view this bias as discriminatory, and have made it illegal to do so.  Proving any wrongdoing, however, can and often is a very difficult thing to accomplish.  Experts and many people list any of a large number of federal and state statutes that prevent bias and or discrimination for any number of situations, attributes, conditions, or themes.  While each hiring company is required to know and follow anti-bias and anti-discrimination laws, it is well known that bias and discrimination still exist. Several experts and some people who successfully overcame what they thought was a bias said that a candidate in the making needs to practice what he or she might state when writing a cover letter or in an interview.  It is fair to ask the interviewer if a bankruptcy raises a question of integrity in the company.  The answer should come back as no, giving the candidate an opportunity to specify (for no longer that five minutes) why a bankruptcy has no impact on the candidate’s integrity or future financial dealings.   "
Obtaining Passport with Recent Felony DUI,"Federal law specifies reasons a US citizen must be denied and could be denied a passport.  Most, if not all convicted felons will have no issues getting a US passport. A person’s passport holds no information about the person’s criminal record and does not provide a person any statement of character. One’s passport simply identities the person stating that this person is a citizenship to a particular country. Again, every US citizen is eligible to apply for and to obtain a passport.  Unless the person is an enemy of the US or preached sedition and treason, save a few federal caveats: Federal law prohibits a US citizen from obtaining a passport if … Federal Agencies have the power and discretion to prohibit obtaining a passport if … The person can be denied a passport by the U.S. Secretary of State if the person is identified as a serious threat to national security or to U.S. foreign policy, in the states or out of the country. If the person is a convicted felon that already holds a U.S. passport, that passport can be revoked or have limited travel restrictions put upon it if the person is in one of above bulleted situations.  If the person lied to get the passport originally or if the passport has been altered, or use under false pretense, meaning fraud the passport can be revoke or taken from the person’s possession. Use of a passport can be invalidated for travel through countries with who the United States has formally declared war. Also if there is a severe danger to any US citizen.  The Secretary of State has this power over passports.  One can check the Federal Register for applicable information. A bigger problem than a passport is finding a country that will accept a convicted US felon, even if it is “only” a DUI.  Canada will refuse a US DUI misdemeanor, never mind a felon, Mexico, likewise, will refuse.  If a US felon travels to Canada or Mexico by ship, the US felon will not be allowed to disembark onto foreign soil.  So, a passport can be obtained but one may have nowhere to go. "
Timeline for a District Attorney to Bring Criminal Charges against an Accused,"This is another one of those situations where the individual states having varying statutes of limitations on various crimes, types, levels, and if it is a repeat offense.  Many experts from various states noted that the district attorney has up to one year in most states and up to two years in a number in remaining states.  This is one year – two-year limitation is for first-time offenses, usually misdemeanors.  As crimes become more serious, as is a felony, or a more serious class or level of offense, or if this is a repeat offense, the limitation value often increases.  In serious crimes, the accused may be jailed until an arraignment, but it is unlikely that the courts would allow that long jail time without charges to occur. The amount of time taken by a district attorney to bring criminal charges can be simply due to workload.  Most courts and district attorneys want to bring the more serious charges to court sooner.  Sometimes a court is simply overwhelmed by the number of cases and workload it has.  Other times it is the amount of time needed to investigate the crime(s) involved.  Interviewing witnesses, forensics, and the like, all add time to such an investigation.  Sometimes it is simply trying to find time for an arraignment in the court’s very busy schedules. The DA has to be very organized, filing papers for charges with the court, arranging whatever needs to be arranged.  In the meantime, a person who is likely to be accused can have his or her lawyer active and seeking to have whatever chargeable situation dismissed, or delayed with appropriate defense filings.  As a point of process, a number of lawyers noted that the district attorney’s office will send a letter to inform a person that the DA is moving ahead and filing charges against that person. The letter will most likely also be a notice of a hearing to be held for the bringing of these charges to court, requiring that person to appear.  If the person fails to appear, the court will issue what is known as a bench warrant.  Many people who have been on the wrong end of a bench warrant will swear that the warrant is served at the most embarrassing and inconvenient time.  It is the person being served who has the responsibility for being on top of what is occurring. How To Get Criminal Charges Expunged From Your Record It was noted that the person’s address on file with the state DMV is typically the source for a mailing, such as a court notice.  It is the person being accused who has the responsibility for ensuring that the address that is on file is correct so that the notice is delivered as expected in a timely manner by snail mail.  It was also noted by the experts and lawyers that the courts have no obligation of giving notice that no charges will be filed or that an arrest has been dismissed.  It is expected, again, that the accused and the accused’s lawyer are keeping track of what is going on and keeping themselves aware. "
"Canada, and Other countries, Can Refusee Entry due to Reckless Driving, Misdemeanor DUI.","Most people believe without any question or doubt that Canada has “open borders’, allowing almost everyone in the country. This is definitely not true. The Canadian Customs and Immigration Officers have an ultimate authority by law to allow and refuse anyone entry to Canada.  Nobody, no one, has an unquestionable right to enter Canada. Most people, however, if they do not have any criminal record are allowed entry.  This is another long term penalty that a person can suffer after having been convicted of some wrong doing in one the United States; refusal by a country to allow that person to enter into its territory is a right of every sovereign nation.  Even if the criminal act is only at a misdemeanor charge level, Canada, which shares the largest border with the United States, routinely refuses entry across its borders to anyone Canada determines is an undesirable.  Canada makes few exceptions, be it for relatives or business, for an hour.  Canada and many other countries view criminal activities somewhat differently than do any of the sovereign states that comprise the United States.  One very significant example is that a DUI misdemeanor in most, if not all of the states in the Union, is considered to be a felony in Canada.  The United States routinely refuses entry to the US by anyone who is a convicted felon in his or her own country.  While Canada can, does, and will deny entry to almost all with a DUI on their record, there are methods one can follow to be given permission for entry into Canada even with a DUI.  A person does have access to these methods if that person is willing to apply well before his or her trip or on the spot at border. It is heavily advised to make this application well in advance.  Google “Canada DUI Temporary Resident Permit Approval of Rehabilitation” for more information. The Canadian border customs agent does not have to ask a person if that person has any previous criminal conviction.  This includes misdemeanors. Anyone coming into the country is required by Canadian law to declare the conviction to the customs agent whether asked or not. If a person does not make such a declaration and then are discovered or questioned after entry, that person can be charged for illegally entering the country, which is far more serious. A person can be blacklisted and banned from entering Canada ever again. This will had a far more serious effect on you as it could also prohibit you from entering other countries.  It is advised to always know your responsibilities.  This requirement is clearly stated in any travel document that a person must proactively declare any prior arrests and or convictions. Since 2003 Canadian police and federal agencies use CPIC, the Canadian Police Information Center, which is a database maintained by the Royal Canadian Mounted Police (RCMP).  CPIC communicates with the United States National Crime Information Center (US NCIC), National Law Enforcement Telecommunications System (NLETS), Interpol and other international agencies. "
DUI Probation Violation – What is likely to happen,"It is often a struggle to try and figure out what part of probation do probation violators not understand. Brilliant move, it is.  It is also often a struggle to figure out why probation violators are so surprised by the fact that quite a bit of bad is likely to happen for being momentarily short on upholding the trust given by the courts and violating probation, especially in the wonderful state of California.  Probation is a statement of trust with which the judge allows the convicted person to not do jail time in trade for the convicted person’s agreement to obey the law during the period of probation and following other rules, like reporting in to the assigned parole officer.  It is expected by the court that the convicted person will respect these expectations of the judge and court and uphold that given trust.  A probation officer is assigned to the case and this is the person to whom the probated person now reports, providing evidence of meeting the court’s expectations.  Then, this DUI probation is violated.  A second DUI occurs and an arrest occurs for being on probation and violating the law again.  Experts say that it is likely that any penalties that the judge went lenient on from the first DUI may be re-applied now.  That includes jail time.  It especially includes jail time.  The mandated penalties from the second infraction can be, and will likely be applied in addition to the first occurrence’s penalties.  See where this is going?  The probation from the first occurrence will likely be revoked.  The parole officer or the court could issue a bench warrant for the violator’s arrest because of the breech of probation.  The result of this bench warrant could be immediate jail time.  Some experts recommend turning oneself in to the police voluntarily for the probation violation to save the embarrassment of being arrested at work, or while doing chores, or even at home in front of family.  A few people with experience from bench warrants said to immediate contact a lawyer who will tell the police the violators schedule and that the violator will voluntarily surrender when the bench warrant is issue.  Notice that is was “when”, not “if”.  Essentially every violator that related his or her experience stated that violating probation was even more wrong a move that doing the initial DUI, fully due to the results of that reappearance in court.  They all said (paraphrased) that it gave a new meaning to feel bad, mad and stupid about oneself, a real sense of hopelessness, inflicted on one’s own self.  Another bit of reality that occurs in the violation hearing is that the violator’s lawyer has little to use to try to lessen the impact.  The trust is gone, the characterizations are useless, little circumstantial will have any effect, because the judge will simply not want to hear it.  The court tried it once with probation and now here we are.  It will not work the second time.  In fact, no one related the experience of having successfully gained probation on a second DUI where it violated probation on a first DUI. "
Joining the Army with a 1st DUI misdemeanor and a wavier,"Many legal experts stated that the military takes DUI convictions very seriously, regardless of what and how the military is often portrayed in the media.  Coupled with other background information on the recruit, a DUI conviction can often be a reason for rejection.  Most non-experts said “yes”.  All of those who were in this situation when they joined said, “Yes.”  The stated cautions and qualifications, though, were many.  Everyone with the bad experience stated that the applicant had to be fully done with the court – fines, jail time, hearings, classes, and community service, whatever the obligations were that the court penalized the accused.  Otherwise, none of the services would even consider the applicant.  Following completion all of the court stuff, some said that only the Army would consider the applicant because of the recentness of the court actions.  Each one did say to at least talk with one or more recruiters for the service the applicant favored.  If the applicant was hoping for a shot at Officer Candidate School (OCS), even the experts, some service recruiters themselves, said that there was very little chance of getting into OCS.  No one implied or stated that there would be any needed “wait time” before the Army or other service would consider the candidate for regular ranks other than OCS.  Some recruiters recommended joining the regular Army, serving for three years, then, if wanted, seeking OCS.  Some recruiters implied that the circumstances around the applicant’s DUI and how that person conducted his or her self during the proceedings and throughout the working off of the penalties would be strongly considered in the applicant’s evaluation.  A person who was willing to accept the responsibility and took care of things quickly and efficiently is the type of person the military was willing to take in.  That person had integrity, a highly desired trait.  However, the recruiters also stated that an applicant that the Army accepted under that person’s recent situation would have to be on best behavior because the military did not want to harbor undesirable personnel that would only be a long history of trouble.  This likely meant that the Army would discharge the unwanted recruit if it deemed it best for the service. Some legal experts with military experienced said the same thing about how a potential military candidate conducted his or her self through this bad time would speak loudly during military recruitment.  These experts also stated that comments by the judge, verbally or written, if possible, would also have heavy weight for or against the recruit. But, here is something that was subtle, only pointed out by a few experts and people who experienced it.  If there is probation, the recruit will not be accepted until that probation is completed.  Also, if this probation is reduced so that the person can be recruited by the service sooner, it automatically disqualifies that person from being recruited.  Apparently, in some instances, an arrangement can be worked out between the military and the person’s parole officer, but there was no clear information on this, just that some people had experienced this. "
S-Corp Company Officer has Personal Guarantee Company Debt and Goes Bankrupt,"An S-corporation (S-corp) is one that is owned by its shareholders.  All profit or loss passes to the shareholders.  These shareholders must report this income, profit or loss, on their individual federal taxes.  An S-corp does not pay federal income taxes, electing to be taxed under the Internal Revenue Service’s (IRS) code: Subchapter S of Chapter 1.  So, what do S-Corp officers do or own?  S-Corp officers are usually shareholders, but do not have to be.  As a corporation, it has a board whose directors elect officers who run the company.  Every corporation is supposed to have by-laws that state which officer is authorized to do what actions, as well as which officers can direct which lower officers to do what actions.  It is not clear what the bylaws state, whether or not the vice-president was authorized to obtain loans, issue credit cards, and make personal guarantees for the S-corp. As to the bankruptcy filed by the vice-president, the personal guarantees made by the vice-president are likely to be dismissed at discharge because the loan and credit are unsecured.  This is standard Chapter 7 bankruptcy law.  The debt owed, however, still exists.  Credit law states that if a personal guarantor fails to pay, or has his or her guarantee dismissed by bankruptcy, the other people involved in the debt are still liable for that debt.  This would mean that the debt now falls back onto the S-corp itself … and its owners.  By definition, it would appear that the S-corp itself can file bankruptcy, have its assets liquidated to pay off the creditors.  However, whatever debt is leftover following the discharge of the S-corp bankruptcy, the shareholders of the S-corp are now individually liable for the debt.  The creditor(s) will not care who pays the debt and will likely go after each shareholder individually for the entire payment.  It sounds silly when it is written out or one says it, but that is exactly how the system works.  Of course, each of the shareholders can file bankruptcy, but the initial filers are likely to be hit the worst as the debt is higher at first.  The creditors still do not care who pays them off.  The bankruptcy court can force a re-organization, foreclosure, insolvency contingency, or other legal actions available to the court. One point as yet unexplored is “what if the vice-president was not authorized to obtain loans and issue credit cards?”  In this case the vice-president could be guilty of “forgery” by unauthorized signature, and therefore be criminally liable for the loan amount and credit card charges.  It is a situation that would have to be unraveled by the police or other pertinent agencies to some conclusion, and possible fraud conviction for the vice-president.  In some bylaws, as stated before, one officer can have authorization to authorize another, lower officer to do some action, such as obtain loans and issue credit cards, and use personal guarantees.  It would be prudent if the vice-president has that authorization in writing.  What one can prove or not prove typically makes the difference in this type of situation. "
The Worth of Writing a letter to the Judge for a DUI charge,"On one point, the non-expert people seem split on writing a letter to a judge or having others write character witness letters to the judge.  Some say definitely do it as it will help, some say do not as it will not make a difference, and some say why not, it cannot hurt the cause.   No experts were found overtly saying to do it, but some experts did have templates and suggestions on letters, personal to the judge and witness letters to the judge.  Sincerity, honesty, willingness to prove one’s sincerity, all to obtain a lesser penalty as to lessen the impact of the guilt on one’s life, is the goal.  A judge has seen and heard way too much in the way of “sorry” because the person does not want to be accountable.  Showing a willingness to be accountable, in words, is the challenge. On a second point, the grave concern that a conviction will doom the person’s application to medical school needs further exploration.  Many suggest asking a lawyer to inquire at the person’s school(s) of choice to mask the applicant.  The question to ask appears to be what impact a DUI misdemeanor will have if within the past year, or two.  Also, ask the same question if the DUI conviction is a felony conviction. On a third point, many where frankly amazed that the person was facing a DUI felony for what is assumed to be a first offense.  This included experts as well as experienced people.  On this point each state has its own statute on what criteria makes a DUI a felony versus a misdemeanor.  Most often the statute identifies the criteria for a felony, and everything else that is not yet at the level of a felony is considered to be a misdemeanor.  Every state varies, but every state allegedly makes it clear what rises to the level of a felony. Back to the DUI case itself and the petitioning of the judge.  In most states the current approach to DUI law and rulings is to remove the subjectivity around categorization and penalties.  States, being strongly and relentlessly pressured by anti-drinking groups, are moving towards stricter, mandated penalties.  This gives a judge less and lessening leeway when it comes to categorizing a DUI, as well as applying penalties.  The categorizing of the DUI is becoming stricter, with the move towards lessening the criteria for a DUI to be categorized as a felony.  Currently, most states reserve felony to repeat offenders, or initial cases with severe impairment, severe damage, obvious disregard for life or property, or death.  It is a cruel lesson to learn as a DUI conviction, even if “only” a misdemeanor, it will mess up a person’s life, at least in the relative short term of up to five years.  Part of the messing up is a person’s job, or career, or plans for school and a career.  Great is a person survives the experience, even better if no one was hurt and no damage was caused.  But, the consequences are rarely ones that an individual can absorb easily.  The conviction exists on criminal records, for the most part, “forever”.  Even if expunged, a “hard inquiry” will find it. "
Dropping DUI offenses if the officer does not appear at hearing,"Criminal conviction has many differing requirements and criteria that must be met before a conviction can be applied to a case.  In the past decade, several national, state-wide, even local jurisdictions have been awash with advocacy groups against the seemingly ease that DUI arrests are dismissed or discharged. Each state has its own rules for defining what that state considers to be a crime, what needs to be proven to convict a person of a crime, and what punishment will likely be applied if a conviction does occur.  Also, each state defines what type of hearing, criminal or non-criminal hearing will be held for different DUI arrests and situations. As a part of these hearings, the state will define what is necessary for the proceedings of these hearings, who must be present, and for what reasons.  Some states do require that an arresting police officer or state trooper be at the hearing.  That the arresting officer being absent from the hearing is an automatic reason to drop an arrest charge is an entirely different story.  These days there are an increasing number of tools that are available to the law enforcement officer and that the officers willing employ in the line of duty.  For a possible DUI, the officers have the breathalyzer, can have a videotaping, usually have some audio taping over their duty microphones, and sometimes an oft-chance eyewitnesses other than the officer.  Unless it is a requirement for conviction, that the arresting officer be present at the hearing or trial, if other means of evidence are available, the accused will have less than an easy time trying to have the accusations set aside. As in any accusation, the State involved must prove that the arresting officer had sufficient reason to stop the vehicle in the first place.  Secondly, the State must prove that the arresting officer had sufficient reason to consider the driver as unsafe behind the wheel after stopping the vehicle and asking the driver to come out of the vehicle.  This become rather difficult without the arresting officer at the hearing or trial unless the other evidence gathered is in itself substantial and sufficient to not need the evidence and testimony of the arresting officer.  If there is video of the driver being unable to stand upright or walk in a straight line, if there is audio of the driver being unable to speak coherently or clearly answer the officer’s questions, if the breathalyzer has a reading that is beyond any reasonable doubt or challenge by contrary experts, if might be wise for the accused to consider his or her challenge.  Of course, the only way a person can be guaranteed to be found guilty of such an accusation is to plead guilty. Most experts advise not pleading guilty as there is always a chance that something will turn out wrong for the State and its evidence during the proceedings.  With the climbing rates of occurrence of DUI arrests, most jurisdictions give the arresting officers work time allotments for the time spent at a hearing or trial, this to also increase the likelihood of a DUI conviction. "
How Far Back Are Bank Records Checked When Filing for Bankruptcy?,"When one files for bankruptcy, that person knows or should know, that the court will be looking at the debtor’s life very closely and the debtor’s bills and payment records even closer. Under normal conditions, a Chapter 7 bankruptcy trustee or a Chapter 13 court official will want to review your bank account records and your credit loans and card account records, and your tax filings, and other financial dealings. What the inquirers are looking for are hard cash and saleable assets that can be seized to pay the debt. They will also be looking for evidence of any income or assets that are by law are exempt. Just like the debtor, the court-appointed people and the creditors are bound by both federal and state laws. Having your records available and organized tells the court and its officials that you are ready to cooperate. Although it is a difficult situation, having a good attitude and showing a willingness to work with the court officials often work in your favor when discussing hardships, seizures, and exemptions. Several people have noted a “favorable” result from being forthright and open. For taxes, many people and some experts started to expect to be asked for two years prior filings. For the rest, it appears that about three months of prior records are what is likely to be requested. Again, this is typical. Of very special note, everyone stated to remember that in all dealings with the court, judges, appointed officials, you are under oath. When you file for bankruptcy and deliver requested documents, you file them while you are under oath. This means two things: The penalty for deceit, not just an honest mistake, is possible fraud and perjury charges. The courts and their officials may start asking for many more months of documentation to determine fraud and its extent. Several people had some good experiences as advice, but also had one oddity that struck a chord that needed mentioning. Depending on whom your circle of friends and business dealings are, consider if you have had any financial conflicts or bad feelings around financial dealings. After Filing for Bankruptcy Can You Keep Your Checking Account? The reason is that an unfriendly acquaintance that knows something about your finances that you might not be forthcoming about with the courts might come forth and tattletale on you. This might put you into the fraud and perjury situation mentioned previously. Also, some experts warned that, like the IRS, when fraud is suspected, the agency or court will go as far back as it wants or can to prove the charges. As stated before, three months of records seem to be a norm in most of the state jurisdictions. Some people noted that some states automatically request more records. One person stated that Kentucky requests six months of prior records. A decent source for information about bankruptcy and what goes on exists online. Several experienced by people who filed repeated the same mantra, that different states have different rules beyond the federal rules and, as always, that a good lawyer is worth the money paid. "
Do DUIs Carry Over Into Different States?,"Short answer is: “Not automatically, but very likely”. There are several reasons for that answer. One reason is that there is now a consortium for sharing “driving under the influence” (DUI) convictions and most of our fair fifty states in our union are members of this DUI information consortium. One person lists the states that are members and not members. One particular point to make about this list is that it lists only DUI convictions, not arrests. A second reason for the short answer is that most of the member states will use the fact that the offender in front of them, having DUI convictions in other states treats the offender as if the prior convictions had occurred in their state. One can see where this is going. A tidal wave of bad result is rushing in fast. A third reason for the answer is that, as one can expect, even the member states handle DUIs that occur out of state differently. As an example, we will look at California. Several contributors related that the state of California will investigate out of state DUIs to determine if the reasons and criteria for the convictions are in line with the reasons and criteria for DUI convictions in California. If so, the out of state convictions will be counted like a California DUI. But, if not in line, the CA courts will ignore the out of state convictions. Realize that this is California and not all states think like this state does. Several states will take out of state DUI convictions just as if the DUI occurred in their jurisdiction, regardless of the criteria. A fourth reason is that once the state in which the latest DUI occurred gets done with you, you may have to face repercussions in your own state. A jurisdiction other than the state that issued your license cannot take away that license. However, it can revoke a person’s right to drive in the offended jurisdiction. It can impose jail time. Then, when the offender arrives back in the home state, license loss, revocation of a suspended sentence if the DUI breaks some accord you had with the courts, suspended jail time becomes reinstated are just some of the things that can await that offender back at home. Several people made several statements that provided interesting, diverse news around DUIs.
Also came up with a probation officer’s site. This officer explains what is likely to happen following an arrest for DUI out of state. In some states, the offender can negotiate to serve penalties in his / her home state. Different states have different rules with different leniencies. Again, there is some interesting and possibly worthwhile reading online. As always, the first thing to do when faced with a DUI charge is to consult with a DUI lawyer in whatever jurisdiction the DUI occurred. Also, attend out of state court hearings. Skip a hearing and a bench warrant will be issued. Some states will extradite if requested. "
How Long Does it Take a DUI to Fall Off Your Driving Record,"The very short answer is 10 years, at a minimum. Research came up with Florida retaining the mark on your driving record for 75 years. Tennessee retains it for life. In the case of the Florida retention, given a DUI offender is likely to be over 15, this means an offender will have to live deep into the 90s in age before the offense comes off the record. It has the same effect as Tennessee. In the fairly recent past, many states have had shorter durations, and even insurance companies had various durations, depending on the state where the offender held a driving license. But now, every state holds a minimum 10 year duration for a DUI on your driving record. That being said, there are a number of online sites touting your ability to get post-conviction relief in various ways to various levels, even to getting the conviction set aside, as if it was a “not guilty” judgment. You allegedly can do some things in some states using various methods, which they will sell to you for a few dollars more. One very low pressure site, [http://www.myduiattorney.org/what-happens-after-a-dui-conviction/how-do-i-get-this-dwi-dui-off-my-record.html] is by an attorney who goes through quite a bit of information as to what the possibilities are, in general. Good advice is given with the words to consult a DUI attorney in the conviction state. But, this attorney also has what seems to be a relatively inexpensive document one can purchase on things to consider and that you can do. Be aware, as is usual, that state rules on a DUI conviction are different depending on the state. Some states simply do not allow any reduction or change or “lessening” of the effects of a DUI conviction – the mark on your driving record stays for the entire duration. In those states, contributors say to also simply save your money, as an attorney will be unable to assist you in any way. But, a free consultation never hurts. Research found several insurance companies in various states that will work with a DUI offender to provide reasonable insurance at a reasonable cost. “Reasonable” is always relative. Another possibly useful site is [http://search.dmv.org/dmv/out-of-state-dui]. This site has links and limited information about out of state DUI convictions, impact, insurance, and the like. It is essential serving as a portal to other sites and information, mainly by state (due to the varieties). The site also has some more general DMV links and information, so it is broader than just DUI. As a note, more than a few sites and contributors wanted readers to be aware that there is also a criminal record that the state has and that this is different that the driving record. Just an FYI …. Handling and dealing with the criminal record is a whole other situation, again, varying by state. Consult a lawyer in this case. One last item found. A site, [http://www.duivsdwi.org/], goes through a discussion that some states have a clear distinction between DUI and DWI, “driving while intoxicated”. DWI is often treated as a lesser offense. DUI can sometimes be reduced to DWI. "
How Much Is The Settlement From a Lower Back Injury?,"There are a number of factors that have to enter into what will become a somewhat complicated calculation. Some of the readily available factors are: Who is accountable for the situation, accident, and/or injury? Is it a car accident or personal injury, or both? Is the damage from the injury temporary or permanent? Is it temporary now, but turn into a permanent damage? What work can the injured person do and what the person not do as a result of this injury? Will the person’s ability to work degrade as time goes on due to the injury? What changes to the injured person’s quality of life have occurred due to this injury? What will occur over time? Age is a factor. Family situation is a factor. The state, whose laws preside over this injury, is a factor. One contributor stated the American Medical Association publishes guidelines for rating permanent injuries. It is currently in its sixth edition, and an available guide (not the actual content) is online. The actual AMA document cost some decently dollars to buy. But, even the guide itself has some interesting reading. Several contributors stated that a baseline is often established by using the costs of current treatments and extrapolating that cost out over how many years the injured person might live, using age as a factor. On top of this, other factors contribute to the calculation that will ultimately lead to the settlement. When it comes to settlements, and lawyers are involved, remember that lawyers often see the dollar signs, not the timeline that you the injured party has. A lawyer wants to maximize the settlement, not just for the injured party. A distinct difference is made in the AMA guide between soft tissue and structure / bone damage. For the most part, soft tissue is expected to heal over time, making it typically a temporary injury, unless it is pointed out definitively by a medical professional. One of the biggest factors is the state that has jurisdiction over the injury. As is typical, different states have different exemptions, definitions, references, limitations and so on, ad nauseam. In most cases it would be wise, as always, to discuss your condition and situation with your own lawyer. As a radio ad tells us, workman’s comp companies are not in the business of making payouts. The injured person is not the workman’s comp company’s client. The injured person’s company is the client. This now brings up the eternal struggle between actual injuries and faked or exaggerated injuries. So many people file for compensation that it burdens the system. We all too often read about faked injuries in the news. What is truly horrifying is that people in positions of trust and high accountability are found to be the offenders. It has force compensation insurance companies demand a greater and every growing stack of proof. Even doctors have been found involved in schemes to defraud. So, to summarize, with all of the various factors involved, it is essential impossible to estimate a settlement here. But, with a good lawyer and solid documentation, it is likely that you will do well. "
Can Banks Seize Your Assets if you Default on your Mortgage?,"In general, “yes”, a financial institution holding a mortgage can sue for full repayment of the loan amount outstanding on a mortgage where the debtor has defaulted. When a house is foreclosed, and sold, and the sale does not raise enough money to pay off the loan, the institution can then file for a deficiency judgment to seize other debtor assets to obtain full pay off, plus expenses. The liability of expenses being put back on to the debtor is an unexpected and new point learned here. A deficiency judgment is an expensive way to go for a mortgage holder. You, the debtor, may be held liable for fees and cost around the foreclosure and the judgment. However, the laws of each different state around these events also differ. So, as always, it is best to contact and engage an attorney who knows the rules in the state where your home and mortgage are. While the Internet will give us all types of scenarios and all kinds of results, one must try to wade through this quagmire alone. An attorney is essential. Some of the more sensible information coming from scenarios from online contributors does center on trying to prevent your situation from getting to the default point … and beyond. When difficulty arises, discuss the situation with the holder of your mortgage. Try to work out some way to modify and continue the relationship. This does not necessarily need attorney involvement. Otherwise, at least make the “return” of the house to the bank something less than a court battle. This might be a situation that does necessarily need attorney involvement. Another contributor had the experience where a bank wrote off the mortgage balance. The twist was that the bank then sent the debtor a 1099-MISC tax form, which is a notice of income statement, on which you will owe state, local and federal taxes, social security, and so on, and most likely, the Federal demand will be at the taxable bonus rate of 30-36 percent. Here, you would do well to consult a tax advisor before getting hit, if this is the law in your state. Other aspect of asset seizing is the seizing of bank accounts, other assets like a car or worthwhile collectibles, and the like. Some states allow the garnishing of wages, while some states prohibit it.
Another idea put forth was to try a short sale or put up your property for sale for at least the amount you owe. As the contributor noted, the debtor will only get some small satisfaction from being out of debt, but that it will at least leave the debtor with a lot less stress. A default on a mortgage also hits the debtor in his or her credit rating. An alert gets put on by the mortgage holder. This prevents the debtor from using the property as leverage or collateral for any other type of credit transaction. So, to summarize some of this, if you are going to default, try to get away with something, discuss it with your mortgage holder, or sell the property to pay off the mortgage and get something out of it. At least, talk with a lawyer. A consultation is usually free. "
Can a Foreclosure Happen After Bankruptcy Discharged the Debt?,"This is a very difficult concept for many people to understand. Several lawyer site profess having trouble getting clients to see the difference between a debt and its lien on an asset. As always, the best recommendation when dealing with foreclosures and / or bankruptcy is to discuss your situation with a lawyer in your state of residence. Bankruptcy and credit consumer protection laws and foreclosure laws can vary widely from state to state. Chapter 7 bankruptcy typically wipes out unsecured debt, any debt that is not a loan against a tangible asset, as in a car or house. In general, however, you still have to deal with secured debt as a part of a Chapter 7 bankruptcy. A secured debt typically has a lien on the asset, in this case a residence. In some way you must satisfy the first mortgage and any junior mortgages or lien holders before you can sell the home. A “home equity line of credit” or “HELOC”, is a junior or subordinate mortgage and lien to a primary. That means it has secondary or lesser priority than the first mortgage, but, it is still tied to the property. The Chapter 7 bankruptcy terminates your liability on the primary and the HELOC. However, it does not remove the lien that was posted against the property when the loan was given. A lien is a credit mark alert that a security interest by a lender was posted against the property to ensure loan payment and to insure any title check on asset transfer will show that a loan is still pending. The lien is recorded at the county recorder’s office in the town or region where the property is located. You cannot clean off a lien in a Chapter 7 bankruptcy. The only thing Chapter 7 does for you is to prevent the HELOC lender or other subordinate lien holders from suing you or pursuing you to pay on the loans. However, and this is the crux of this article, the junior lien holder retains its legal right to foreclose on the property. While Chapter 7 protects you personally from a lawsuit after filing for bankruptcy, your property has no protection from foreclosure in the future. This is what most people do not understand. Even if the lender is unlikely to foreclose when there is no equity in the property, the lien prevents you from selling without the lien holder knowing about it. To illustrate the situation, say your house is worth $220,000, but you have a first mortgage of $260,000 and a second mortgage of $60,000. The second mortgage lender could force you to sell the house. But you get only $220,000, and have to give that to the first mortgage lender. This leaves nothing left over. That would be an ill-advised business decision. So, the junior mortgage can simply wait for the market to improve and for equity to accumulate in the asset. Foreclosure continues to loom in your future.
At this point, you likely have to negotiate with this junior lien holder. This lender knows that there is no equity in the house. You could try to work out a deal that would give the junior lien holder a reason to allow you to sell the property, and settle this debt. "
Can VA Disability Benefits Be Used as Income in Chapter 7 or 13 Bankruptcy?,"There is a lot of information on this. US Code 38&5301(a) state that VA Disability is not considered income. Bankruptcy Code (BC) 11 USC 522 (d)(10)(b) states that VA Disability is exempt the same way that Social Security Disability benefits are exempt. . But, is it considered to be income? Essentially, it is income. But, a veteran does not have to pay taxes, nor is it part of income for bankruptcy. It is exempt there. A very interesting, top-search-return is this pdf: [http://www.iurillolaw.com/docs/Keep-in-Mind_that_There_are_Exceptions-for-Veterans-in-the_B.pdf]
This is a lawyer’s presentation for veterans in the situation where one is in or facing bankruptcy.
In this content, it specifies that Section 522(b)(2) of the Bankruptcy Code states that a veteran who is a debtor has the right to receive veterans’ benefit, and that it is exempt in a bankruptcy case. This means that the debtor’s veterans’ benefit will not be part of a debtor’s estate in a bankruptcy that is already in place, or if that veteran decides to file for bankruptcy. [Refer to 11 U.S.C. 522(d)(10)(B)]. However, the state of Florida tries to get around this in section 222.20 of the Florida Statutes. Here, Florida has chosen to not follow these federal exemptions. Regardless, section 222.201 of the Florida Statutes specifies allowed personal property exemptions in Florida, and included in that list are … veteran benefits. [Refer to Fla. Stat. § 222.201.] So, when a veteran files bankruptcy, Florida’s exemption law is applicable. Any veteran benefits that the debtor receives will remain as the debtor’s property and can not be included in the property listed as a part of the bankruptcy estate. This pdf source has another interesting part of this story. It also says that credit counseling is a strict, mandated requirement under the new bankruptcy laws for every debtor. In fact, Section 109(h)(1) of the Bankruptcy Code states that an individual may not file bankruptcy unless that individual has received credit counseling within 180 days preceding the bankruptcy filing date. [Refer to 11 U.S.C. § 109(h)(1)]. Yes, you read that correctly. A person must be counseled at least 180 days (6 months) before that person is allowed to file. The Bankruptcy Code goes on to strictly limit allowed exceptions to this required credit counseling. , The bankruptcy court may decide that after the notice and hearing occur this credit counseling requirement will not apply to a debtor unable to complete counseling due to “incapacity, disability, or active military duty in a military combat zone.” [Refer to 11 U.S.C. § 109(h)(4).] Note Well: while the Bankruptcy Code does identify participants on active military duty in a combat zone as an exception, it does not list “veterans” as an exception to the required credit counseling. Last part of this story is that “means testing” can lead to a veteran’s exception, required in a Chapter 7 bankruptcy case. The debtor’s bankruptcy petition must contain a specific completed form: “Statement of Current Monthly Income and Means-Test Calculation.” Referring to Section 707(b)(1) of the Bankruptcy Code, a Chapter 7debtor’s bankruptcy case may be converted, even dismissed, to a Chapter 11 or 13 case if any financial abuse is found during the hearing. The bankruptcy court
Evaluates the debtor’s current monthly income, the “means testing”, and decides if abuse occurred. "