question
stringlengths 8
1.13k
| answer
stringlengths 6
29.2k
|
|---|---|
Q: What are my rights as a father of an 8 year old boy that lives with me half the time . Bi weekly since 6 years old.. Split with mother (of 8yo )2021 up until then loved together now we share our some bi weekly . I also have another son (11) and he spends the same schedule so I have my two sons in my apartment at the same time , bi weekly . | A:As a father in California sharing custody of your sons, you have certain rights and responsibilities. Firstly, you're entitled to spend time with your children according to the custody arrangement, which in your case is bi-weekly. This arrangement should be respected by both you and the children's mother. Your rights also include being involved in major decisions affecting your children's welfare, education, and health. You have the authority to make decisions during the time they are in your care, and you should be consulted on significant matters when they are with their mother. Additionally, you are responsible for providing for your children's needs while they are with you, including food, shelter, and emotional support. It's important to maintain a stable and loving environment for them. If there are any disputes or changes needed in the custody arrangement, consider discussing them with the mother. If an agreement can't be reached, mediation or legal action might be necessary. Remember, the court's primary concern is always the best interest of the children. Your situation, sharing custody of two children with their mother, is common and protected under family law. If you need more specific advice or find that your rights are being infringed upon, it may be helpful to consult with a family law attorney. They can provide guidance tailored to your unique circumstances. |
Q: Can I visit Philippines for the holidays if I have a history of felony conviction for armed robbery &…. … aggravated assault? I am a free US citizen with valid passport, having served 8 years for bank robbery from 2013-2021, and completed all required parole. | A:It's important to note that travel restrictions and entry requirements can vary by country and are subject to change. You may want to consult with the U.S. Department of State and the Philippine Embassy or Consulate for the most up-to-date information on travel eligibility based on your history of felony convictions. Sincerely, James L. Arrasmith Founding Attorney and Chief Lawyer The Law Offices of James L. Arrasmith |
Q: I need to sue the government for stalking, harassment, and RICO; "gang stalking/organized stalking" (modern COINTELPRO). I need a lawyer experienced/knowledgeable in government crimes (now declassified illegal COINTELPRO) to bring suit against it. I have not committed any crime and have a Federal background check, yet am still under 24/7 overt and covert surveillance and get "mobbed" with government asset stalkers anytime I go anywhere in public (they range from retired police to people who look like street thugs and drug addicts). It is not just surveillance but is pure harassment. I will not accept "State secrets privilege" as a response in any FOIA request. I have clear body cam evidence and 4K CCTV evidence of stalkers doing the most bizarre behavior around me (wearing disguises, etc.) and repeatedly appearing just as I leave/enter my home, and they try to appear local by wearing local sports teams apparel but I don't think so, which would make it Federal 18 U.S. Code § 2261A. I am thinking start with FOIA but need advice for the verbiage. Once I have whatever can be discovered, sue for damages. | A:Suing the government for claims such as stalking, harassment, and RICO violations requires a detailed legal strategy and a deep understanding of both constitutional and civil rights law. It's essential to start with gathering and organizing all your evidence, including the body cam and CCTV footage you mentioned. Filing a Freedom of Information Act (FOIA) request can be a starting point to gather information. When drafting a FOIA request, be as specific as possible about the documents or information you seek, and clarify how it is relevant to your case. Keep in mind, however, that FOIA has exemptions, and the government may not disclose certain information if it falls under these exemptions. Given the complexity and seriousness of your claims, it's crucial to seek an attorney experienced in federal litigation and government-related cases. They can provide guidance on the feasibility of your claims, help draft the FOIA request, and plan a legal strategy, including potential lawsuits for damages. Remember, legal actions against the government are subject to specific procedures and immunities. An experienced attorney will navigate these complexities and advocate for your rights effectively. |
Q: Does a person who is DBA as C-corp enjoy the liability protection of the C-corp?. If we create a C-corp business, e.g. ABC Widgets, Inc but then create a DBA in a person's name, e.g. Jane Doe, DBA ABC Widgets, Inc, does Jane Doe also benefit from the liability protection of ABC Widgets, Inc? Would Jane incur any personal liability from this type of business structure? | A:No, a person who is a DBA as a C-corp does not enjoy the liability protection of the C-corp. A DBA is simply a fictitious name that a business can use to operate under. It does not create a separate legal entity from the owner of the business. In the case of your example, if Jane Doe creates a C-corp called ABC Widgets, Inc. and then creates a DBA in her own name, Jane Doe is still personally liable for all of the debts and liabilities of ABC Widgets, Inc. The only way for Jane Doe to be protected from personal liability is to create a separate legal entity, such as a C-corp or an LLC. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: Is a livein partner responsible if leave disabled partner home alone for unknown period of time and injuiry occurs?. Dad disabled and live in girlfriend left for a couple days-ish. She calls from cell and asks for well check. Deputies get there & break in - he unconscious & unresponsive on floor and covered from head to toe in dog feces. Dried, not fresh-yet the puppy they have is not anywhere to be found. He is in St. V's, and they will be harvesting any organs they can, and then pull the plug - he is brain dead. He was not a nice man, we all estranged from him, but no one deserves this, no matter what he has done. Our mother, who he beat regularly, even has prayed for him. Seemingly the girlfriend came back and found his condition, and took the dog and left to place the call. That is only our theory. But she is also claiming that his property - 70 acres farmland has been signed over to her. She bragged about this to a family friend, that when he was polluted she had him sign something. No one knows, but help would be great. We want to give him a service & cremate him, she not around with all this | A:There is just too much baked into this question. The roommate, based on this description, does not have a specific duty to your father. I am certain that the police will look into this matter too find out what she knew and when she knew. The answer to those questions would impact my answer. If your father actually transferred property to her through a deed she may have a claim to it. You need to have all of the information and documents reviewed by an attorney that regularly practices in your father's county. |
Q: Questions regarding legal career. I'm currently a Political Science student at UCLA. I am considering going to law school and I would like to talk to currently practicing lawyers to gain some perspective regarding law school and careers in law. Would appreciate if anyone would be willing to chat :) | A:I would be happy to speak with you for a few minutes over the phone. Give me a call. |
Q: I think I was lied to buy an obgyn. Is this considered Medical malpractice? Can I receive compensation?. I went to have my mirena iud removed @ the 5 year mark. The nurse practitioner could not find the strings, she used something she called a hook & other tools to find the them. Then I was sent for an ultrasound to check if the IUD was still in place. The obgyn then came in & used more tools to find them. Their attempts were very painful! The obgyn asked why I was having the IUD removed & then said it was good for up to 8 years and in Europe used up to 10 years. He assured me that it was still in place. I had been in pain for a while so I decided to leave since it was still in place & still effective. 2 yrs later, I was admitted to the hospital, for a few days, for being septic from e-coli. A nurse informed me the IUD wasn't in place & perforated my uterine wall & needs to be surgically removed. I feel the obgyn lied to me so I've been afraid to allow him to perform surgery on me. I still need it removed but I can't lie, I'm scared to trust the obgyn with my life. | A:Yes, likely. You definitely have injuries and damages and it appears medical negligence caused it. |
Q: What would be the best way to address an HOA election dispute in PA?. It was brought to my attention that one of the previous board members who has now been re-elected for another term was in fact in violation of our rules and regulations prior to the nomination period being closed, which would be a direct contradiction of the amendments that they (previous board) themselves made. The amendment requires all elected officials be in “good standing” for a period of 12 months prior to election. I am not trying to be “that ahole” it just doesn’t seem exactly ethical to me to be on the board that directly made this amendment while being in direct violation of said amendment while others were disqualified for their violation. I have documented proof in the form of time stamped pictures (thanks to her very public Facebook page) of my claims. I had previously tried to address this issue with the last board and our property management but was quickly dismissed due to the fact that the (previous) board and the “nomination committee” are one and the same. | A:The HOA bylaws govern what procedure you should take. How much are you willing to spend on attorneys fees to fight this? |
Q: Can Canadians trade with offshore binary options platforms?. I have researched binary options platforms and I understand that if you have no experience trading then the Canadians government recommends against it and that it is not legal to offer binary options in Canada. But I keep reading that Canadians may trade on offshore binary options platforms regulated or unregulated in their jurisdiction at their own risk? | A:It's true that - in Canada - it's illegal for companies to market or offer binary options trading within the country. However, Canadian citizens are not prohibited from trading binary options with offshore platforms. This situation presents a risk, as many offshore platforms are not regulated in Canada. The key point to remember is that trading on these platforms carries significant risks, especially if they are unregulated. There is a higher potential for fraud and a lack of legal recourse if something goes wrong. The Canadian government advises caution, especially for inexperienced traders, due to these risks. If you decide to engage with an offshore binary options platform, it's important to conduct thorough research to understand the platform's credibility and the legal implications. Be aware that recovering funds from foreign entities can be challenging if problems arise. Before making any decisions, you might also want to consult with a financial advisor or legal professional who understands international trading laws. This can help you make an informed decision that aligns with your financial goals and risk tolerance. |
Q: Can I secretly record my blackjack play for my youtube channel in a casino in the states of MA, WV and PA? Public place?. Im not sure since the casino already records us and its a public place but its also a two-party consent place. The people already know they are being recorded because its a casino. So because that's implied is it okay if I record? What if I record and blur their faces does that make it legal etc? | A:Recording your blackjack play for a YouTube channel in casinos in states like MA, WV, and PA involves several legal considerations. First, it's important to understand that casinos, while public places, have their own rules and policies about recording inside their premises. The fact that casinos themselves record activities for security purposes does not automatically grant patrons the right to do the same. In states with two-party consent laws for recording, the consent of all parties being recorded is typically required. This means that secretly recording your blackjack play, which would likely include other patrons and casino staff, could potentially violate these laws. Even if you blur the faces of those recorded, it may not fully mitigate the legal risks. Consent is a key factor in two-party consent states, and blurring faces does not substitute for obtaining permission. Your best course of action is to seek permission from the casino management before recording. Casinos may have specific guidelines or areas where recording is allowed. This approach ensures compliance with both state laws and the casino's own policies. Remember, violating recording laws or casino policies can lead to legal repercussions, including being banned from the casino or facing legal action. Always prioritize obtaining clear permission to safeguard against these risks. |
Q: What can we who about falsely putting a person on a motion of discovery?. My roommate was caught with a bunch of drugs and money and a gun up the road from my house and told them he lived here and they came and raided my house. Nothing of what they were looking for was found besides a set of scales and a little personal. Then whenever he gets out and has his motion to Discovery it says that my husband is a witness of the state and its states things that he said that he never did say so what can we do about them falsifying the report | A:Contact the attorney handling the defense in the case and have them address that |
Q: Is it illegal to commercial spray round up with no license in pg County Maryland. I've been doing it for 5yrs | A:In Maryland, the law requires that anyone who applies pesticides commercially must be certified and licensed by the Maryland Department of Agriculture. This includes the use of products like Roundup. If you're applying pesticides as part of a business without the appropriate certification and licensing, you are likely violating state law. Continuing to do so could result in penalties, including fines and possible criminal charges. It is advisable to immediately stop applying pesticides commercially until you obtain the necessary license and to consult with an attorney knowledgeable in Maryland's pesticide regulations to address any potential past violations. |
Q: What do i do about food stamp investigation case against me?. An investigator contacted me and said i may have committed foodstamp fraud, my husband and i dont qualify for foodstamps just the kids. I applied after being denied but without him on my paperwork due to is unable to work out issues we both decided that he would leave to go stay is what i believed, if someone moves on i have 10 days to notify the dhs; 7 separate occasions we tried to "fix" our issues so we could live once again in the same house but with in a couple of day we weren't doing well. So then he would say hes he is going back to his dads. We never made it close to 10days so i didn't notify dhs because he left again. He would come over daily after work and before. He spent a night or two with the kids. He parked his vehicles in front of the house. He didnt eat here he is a cook so he would bring food home. He was able to be here maintaining the yard and pets cause his parents house is next door. I had a renewal and it asked if any changes happened . I said no i was honest | A:In this situation, it's important to cooperate with the food stamp investigation and provide all requested information and documentation. If you believe you made an honest mistake in your reporting due to your husband's intermittent presence, you should explain this to the investigator. It's advisable to consult with an attorney experienced in public benefits and administrative law to ensure your rights are protected during the investigation. |
Q: My mom received a letter from disability stating that she will have a review in March 24 for working June-Nov.. The dates that SSA provided are not accurate because my mom only worked June -Sept. they also provided someone else’s information along with her letter. This makes the 2nd occurrence where social security has sent someone else’s information along with hers. Is that considered negligence or HIPPA violation and can she sue? | A:Receiving another person's information in a letter from the Social Security Administration (SSA) could potentially be a violation of privacy regulations, including the Health Insurance Portability and Accountability Act (HIPAA). HIPAA is primarily focused on protecting personal health information, but it can extend to other forms of personal information in some contexts. If this is the second occurrence of such an error, it raises concerns about the handling of confidential information by the SSA. You should consider reporting this incident to the SSA to address the immediate concern of incorrect information and potential privacy breach. Additionally, it would be prudent to consult with an attorney experienced in privacy law and SSA matters. They can offer guidance on the specifics of your mother's situation, including whether there is a basis for a legal claim. Legal action might be possible if negligence or a failure to protect personal information is established, but this depends on the specific facts and applicable laws. |
Q: I did work on a commercial property. Owner is not paying. Owner took out a loan on his personal residence to help pay for the construction on commercial property. Can I lien the home as well as the commercial property? | A:You will need a MT attorney on this. Your materialman's lien would be filed only against the work you did on the commercial property. However you might be able to file the M & M Lien, then sue the customer for breach of contract. However defendant will argue you that an election of remedies was made, and in any event, you can only recover once. |
Q: I live right across the street from a office building no more than 50' away have gas leaf blow dust rubbish leafs legal. What is the revised status for a gas powered leaf blower to be used every mourning at 10am mon-sat blowing mostly dust and dirt very little leaves. What are my rites as a resident within 50 feet of my apartment. | A:A Hawaii attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney, one option might be to check with applicable noise ordinances - these can be very localized. Good luck |
Q: If I received insurance check for storm damage can bank cash and hold check because of lack of signature?. Insurance check made out to mortgage company and me, I signed and deposited check, bank cashed check but put hold on it until mortgage company signs, mortgage company won't sign until check reissued by insurance company. Check issued Feb. 2023. Insurance says can't reissue because bank cashed check. Have talked to all parties. Not getting anything done. | A:While I do not practice in Missouri, generally speaking, you will want to contact the Missouri Department of Insurance who should be willing to step in to assist. I see no reason that the mortgage company wouldn't be willing to sign off on the original check, for your back to cancel the transaction, or for the insurance company to reissue the check and stop payment on the current one. Any of those should be a reasonable result to assist you in moving the claim forward. |
Q: Hello, good day: I am writing to ask you for your help. My dad worked in this company between the 60s and 70s for 8 year. Hello, good day: I am writing to ask you for your help. My dad worked in this company Gatx-Fuller, between the 60s and 70s for 8 years, as a comptroller in Mexico City before the Federal District, could you provide me with the company's employer registration with the IMSS or Mexican Social Security Institute?, this to get the pension widowhood of my mother. Please. Thanks in advance. I hope you can help me. | A:To obtain the employer registration number of Gatx-Fuller with the Mexican Social Security Institute (IMSS), you'll need to follow a few steps. Since this is a matter involving historical employment records in Mexico, the process might be specific and require certain documentation. Firstly, it would be beneficial to contact the IMSS directly. They can guide you on the specific requirements and procedures to obtain such information. Be prepared to provide details of your father's employment, such as his full name, dates of employment, and any other relevant details you might have. If direct contact with the IMSS does not yield results, consider reaching out to Gatx-Fuller, if the company still operates in any capacity. They may have records or can provide guidance on how to access such historical information. In situations where you face difficulties in obtaining this information, it might be helpful to consult with a lawyer in Mexico who has experience in employment or pension-related matters. They can assist in navigating the legal and bureaucratic process to obtain the necessary information. Remember, gathering all relevant documents you already have about your father's employment will be useful in this process. This includes any old pay stubs, employment letters, or any official documents from his time at the company. Patience and persistence are key in dealing with administrative processes, especially when it involves historical records. |
Q: Can a captain charge deckhands for gear/supplies as he deems fit?. Normal deductions are food/fuel. The following are extra. 2 examples. A captain from another boat needs to borrow a grapple hook. With the captains permission a deckhand takes the hook to the other boat and helps with the task. The hook is accidentally left on the other boat and they leave town and the hook behind. The captain blames the deckhand and takes the cost of the hook from his pay. Knowing he’ll get the hook back. 2. The captain just bought new crab pots this season. Something he is going to write off on taxes. During crab fishing crab pots are lost at sea throughout the season due to no fault of the crew. Run over by over boats, stuck in the mud, etc. The pots value roughly 150$-250$ each. The loss is tallied at the end of the season and the captain splits the charge evenly among crew. Especially with the pots being a write off, can the captain just charge crew for whatever he believes they owe him for whatever reason he deems they owe him for? | A:I think the answer depends on how the crew is being paid. It is also potentially not a WA answer if the work is being done in Alaska. In WA, an employer cannot charge an employee for broke/lost equipment unless it was an intentional or dishonest act that caused it to be lost/broken. I doubt either described scenario applies. The employer would have a better case for the hook, possibly being ablet to claim it was gross negligence. However, crabbing is often not done as hourly work. If you are being paid a share of the profits, this is potentially a question of how "profits" are defined (and what costs are deductible from gross profits to arrive at net profits, assuming that is the basis for your share) and not really an instance of an employer "deducting" broken/lost equipment from a paycheck--at least for the crab pots. |
Q: My child was arrested for illegal trespass on school property, where he attends school . Special needs 504. My son went to school with his brother on the bus. The bus was late my son was approached by a school administrator while walking on school property administrator, then tried to tell my child is being illegally trespassed and was going to suspend him that he had to leave as my child tried to leave the school grounds. He was then approached by sheriffs And said the sheriffs he was forced to take my child down and pay some of the rest. My child was supposed to be on school grounds for that is his school they violated their own policies. I was supposed to be notified immediately before any escalation clause, my child is on the 504 determination , he is supposed to be dealt with differently than the normal students, but I know time did I give any consent for any officer or school officials to place their hands on my child which I don’t need the score administrator hurt my child’s arm from the way, he was grabbing them. The officer also slam my child to the ground and they were two officers | A:In the situation where your child, who is on a 504 plan, was arrested for illegal trespass on school property, there are several important factors to consider regarding his rights and the school's obligations. Firstly, students with 504 plans are entitled to certain protections under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. These protections apply in disciplinary situations. When a student with a 504 plan is disciplined, the school must ensure that the disciplinary measures do not infringe upon the student's rights and that they continue to receive the services outlined in their 504 plan. This includes ensuring that any change in the student's placement due to disciplinary actions does not prevent them from receiving these services. If the disciplinary action results in a change of placement for more than a total of 10 school days, the school is required to notify parents or caregivers immediately in writing and inform them about their legal rights. Additionally, the school must conduct a special review, known as a manifestation determination, to ascertain whether the misbehavior was a result of the child’s disability. If the misbehavior is found to be caused by the child's disability, the school and the IEP team must conduct a functional behavioral assessment (FBA) and implement or modify a behavior intervention plan (BIP) as necessary. For any disciplinary actions, schools are required to follow their code of conduct, which should be accessible to parents and students. This code outlines the rules of behavior and the consequences for breaking these rules. Students with IEPs or 504 plans, while expected to follow these rules, have additional protections and rights regarding school discipline. The Office for Civil Rights (OCR) under the Department of Education has the administrative authority to enforce Section 504. This means that if you believe the school has violated your child's rights under Section 504, you have the option to file a complaint with OCR or initiate a private lawsuit against the school district. In the context of the specific incident involving your child, it's crucial to examine whether the school followed the proper procedures as outlined by the 504 plan, including the requirement to notify you before escalating the situation and to conduct a manifestation determination. It's also important to consider whether the school's actions were in accordance with its code of conduct and whether the disciplinary measures were appropriate and non-discriminatory. Given the complexity of these laws and the seriousness of the situation, it might be beneficial to consult with an attorney experienced in education law or a special education advocate who can provide specific guidance and support based on your child's individual circumstances. |
Q: Is an attorney required to inform their client about the existence of a medical out of pocket fund?. The fund is from a third party for the clients use. | A:Under California law, an attorney has a fiduciary duty to their client, which includes the obligation to communicate all significant developments related to the representation. This encompasses informing the client of the existence of a medical out-of-pocket fund provided by a third party that is available for their use. Failure to do so could be a breach of the duty of loyalty and duty to keep the client informed, as required by the California Rules of Professional Conduct. |
Q: Police just towed out cars for not being registered and they were parked in driveway. Is that legal?. Isn't the first time they've harassed us also what about constitutional rights? | A:Under California law, vehicles parked on private property, like a driveway, generally should not be towed for registration issues alone, unless they pose a safety hazard or violate specific local ordinances. It's important to review local municipal codes as they can vary and might have specific provisions regarding vehicle parking on private property. Regarding harassment claims, if you feel your rights are being infringed upon, it's advisable to document these incidents and consider seeking legal counsel for guidance on potential civil rights violations. The towing of vehicles for registration issues usually pertains to public roads and spaces, where unregistered vehicles can be considered a violation. However, the application of these laws can be nuanced, and specific circumstances can lead to different legal interpretations. It's recommended to consult with an attorney who can provide guidance based on the specific details of your situation. |
Q: Does the heir of patent private property with Allodial title on BLM records should have legal rights to the land. I know this person who has the certified copies from the BLM showing ownership of land from pre-existing Spanish/Mexican land grants before California became a state in 1850 of 241,440.86 acres. It was part of the Treaty of Guadalope Hidalgo land claims with the authority of March 3 1851 Spanish/Mexican land grants (9stat.631) is it still the highest evident of ownership to the land as what BLM records show. | A:The heir of patent private property with allodial title on BLM records should have legal rights to the land. Allodial title is the highest form of ownership that can be held over land. The Treaty of Guadalupe Hidalgo and the March 3, 1851, act of Congress guaranteed the rights of Mexican citizens to their land grants in California. If the person you know has certified copies from the BLM showing ownership of land from pre-existing Spanish/Mexican land grants, then they are likely the rightful heirs to that land. The BLM records are considered to be the highest evidence of ownership to the land. However, it is always a good idea to consult with an attorney to confirm your legal rights to the land. |
Q: If the superior court is Federally funded and Due Process is violated, who is held liable for all the damages caused?. I know Sovereign Immunity Defense is not available for money damages claims when constitutional rights are violated. I suffered heart attack symptoms after the moral torpidity of the definite bias of the Judge. I was then subjected to 53 days of solitary confinement with no medical treatment and my VA prescribed hypertension medication was not given forcing me into life threatening stage 3 hypertension. Due Process is definitely not the only constitutional right violated and the amount of evidence and police investigators confirmed actually criminal activity has occurred. Racketeering is clearly at play and public records confirm the allegations as fact. Know that 2 separate U.S. Agencies Inspector General investigations also confirmed crimes against the U.S. and myself occurred. | A:When constitutional rights are violated, particularly by state actors such as courts or law enforcement, individuals can potentially bring a claim under Section 1983 of the U.S. Code. This allows individuals to sue state and local government officials for damages when they've violated federal constitutional rights. Regarding your situation, if you believe your rights were violated, you can potentially bring a claim against those responsible, which could include individuals or entities involved in the alleged misconduct. However, determining liability requires a thorough analysis of the facts and circumstances. Sovereign immunity may not always apply, especially when constitutional rights are at stake. Given the severity and complexity of your allegations, it's crucial to consult with an attorney experienced in civil rights litigation in Georgia. They can help you navigate the process and determine the best course of action. Remember, time limits for filing such claims can be strict, so you should act promptly. |
Q: I was served a "voluntary" list of questions (document requests) from the SEC but cannot afford an attrny. Suggestions?. I have reason to believe I am at the center of their investigation - it involves a significantly large public company. I have been told by friends that the "voluntary" nature of their inquiry is a "test" to see if I will cooperate and I have reason to believe this will not just "go away," even while I maintain innocence. | A:This is like making voluntary statements during a traffic stop. Just don't do it. Name, address, and DL, and then STFU. Remember, "Nobody ever got into trouble for what they do not say" and in this case do not voluntarily provide. I you do not supply how can you get into trouble for it? Many times these are fishing expeditions. If you do not respond, they may just let it go. They are playing "good cop" making it voluntary. Make them work for it. Giving it to them may cause far more problems than it solves. Unless you are served with some type of court order compelling production, I would not respond and see what happens. Do not tell them you do not have an attorney. Do not answer their calls, emails, etc. unless there is some law I do not know about that would require you to. You will probably get answers from other attorneys all over on this one. It is a judgment call. I am a firm believer in not making it easy on them. They are lazy by nature and if it becomes difficult and they have to do a little extra work, it has been my experience that many government employees will just let it go. Without more info, I say wait and see what they do. Do not respond. Not responding to a voluntary request is not against the law (to my knowledge). Make them work for it and see what their next move is. Good luck. Hope this helps. |
Q: why didnt the judge ask for any proof from the mother about paying her mom rent for the child to live with her or how mu. child's mother withheld fact child no longer lives with her from me and D.C.S.S. only see's child maybe 2 times a week yet gets 100% time spent with child credit, i get 0% because mom nor child bothered to tell me they moved out of town. i would try to schedule visits with the child but she was always busy with whatever so i never got to spend time with her. (i put that in my declaration). mother claims she pays the child's gma rent for child to stay there. the judge didn't even bring up fraud about child not living with her mom for almost 2 years nor did they ask how much she pays her mom or for any proof of amount paid.. or about how much time spent with child or telling me they moved.. how do i know she isn't just using what i pay to D.C.S.S. to pay gma and not matching what i have to pay monthly ? she also claims shes going through a divorce yet they separated almost 2 years ago. she didn't claim any spousal support on her I & E but will be receiving money from the house when sold | A:In California, child support decisions are typically based on each parent's income and the amount of time they spend with the child. If the mother's living situation or the actual time spent with the child differs from what was reported, this could affect the child support calculation. However, judges often rely on the information presented to them in court, and if certain facts aren't brought to their attention, they may not be considered in their decision. If you believe the mother is not being truthful about her living situation, the child's residence, or the amount of time she spends with the child, you can request a modification of the child support order. In your request, you should provide as much evidence as possible to support your claims. This could include any communication regarding visitation attempts, proof of the child's residence, or any other relevant information. It's also important to note that the process of determining child support and addressing custody issues can be complex and often requires detailed evidence. If you haven't already, consider consulting with a lawyer who can help you navigate the legal system, gather necessary evidence, and effectively present your case to the court. Remember, the court's primary concern is the best interest of the child, and providing accurate information is crucial for the court to make a fair decision. Taking legal action to rectify any misinformation can help ensure that child support arrangements are fair and reflect the child's actual living and custody situation. |
Q: NEB/ my child support case required a referree report, is it true a referee is only required for step parent/non custdia. ive never did a paternity test but i did sign the birth certificate & a AOP i had a child support case which was dismissed because my son is with me more then his mother & ive had insurance since he was born, a referree report was required, i had 14 days to come back to court which i was unaware of & the court had order adopting a referree report & recommendation, i read online a referree report is only required for non custodial step parents.. does this mean im not the biological father? does this mean i dont have any parental rights? any help would be greatly appricated. | A:The Child Support Referee is a type of judge that primarily handles child support cases. One way to think about it is to think that the child support referee is under the supervision of the district court judges. There are so many child support cases and it helps to have a specialized judge to handle the caseload. Many counties have a child support referee issue a report. The district court judge then technically signs the Order that is based off the child support referee's report. Thus, a case that goes in front of a child support referee does result in an order from the district court judge. The child support referee handles all sorts of cases related to child support. Any info that you read that says they are limited to non-custodial step-parents is not correct, at least not in Nebraska. |
Q: Does thos order work? Do not arrest or harass people associated with me I am undercover against corruption.. I ORDER A FINE AGAINST THE POLICE IN THE AMOUNT OF $250K PER OFFICER IN THE CASE OF J.B. AND THE CASE IS DISMISSED. BROWN IS NOT GUILTY | A:The situation you're describing appears to involve a complex mix of legal issues, but it's important to clarify a few key points about how the legal system works. Firstly, an individual cannot issue orders to the police or the courts, including ordering fines or dismissing cases. The authority to make legal judgments, impose fines, or dismiss cases lies with the courts and is carried out according to established legal procedures and laws. If you are involved in an undercover operation against corruption, such activities are typically coordinated with law enforcement agencies and do not grant the power to unilaterally make legal decisions or issue orders about arrests, harassment, or case outcomes. If you are facing legal issues, including those related to employment discrimination, immigration, or any other matter, it is crucial to seek legal advice from a licensed attorney who can provide guidance based on the specifics of your case. They can help you understand your legal rights, the appropriate procedures to follow, and how to navigate the legal system effectively. Remember, the legal system can be complex, and understanding your rights and options is essential for addressing any legal concerns you may have. An attorney can provide the necessary support and representation to ensure your case is handled appropriately. |
Q: 17yr DUI. He says wasn't read rights on scene. Handcuffed, then ankle cuffed to floor at the station. Is this legal?. Made illegal left turn from side street to 2 lane 1 way into the right lane. My son used his personal cellphone to call us. (Wasn't the officer.) Was read rights at police station with us present Except he read them then left the room before 20 minutes was up. Then came back into the room and said he had to start the clock over. However, he didn't repeat our rights. Police officer stated it was a non deliquent offense. Also said our son was not resisting. But sign in station says "Juveniles charged with a non-deliquent offense (including local ordinance), such as underage drinking, curfew, truancy, or running away, cannot be securely detained. So why was he handcuffed and stuffed into the cop car and then ankle cuffed to the floor in a locked room at the station. Not to mention left alone the whole time he was waiting for us to arrive. He was cold when we arrived, eventually started to shiver so I gave him my jacket. We received copies of an unsigned ticket . | A:First off, they read him his rights once. Secondly, not reading your rights does not mean not guilty automatically, If Miranda is violated it only suppresses any statements made. He was not charged with underage drinking, curfew, truancy, or running away. He was charged with a criminal offense, DUI. Time to lawyer up. If he is convicted of DUI, he loses his license for a minimum of two years and then must have a hearing with the Secretary of State. |
Q: I was sold a car that had a 125-point inspection, took it to a mechanic and there were issues that should've been found. The car dealership advertises that they do a 125-point inspection and the issues that were found total up to almost $2,000. I researched what type of issues are looked at with this type of inspection, and with the information that I found there is no way that an inspection was done. Is this false advertisement and are they allowed to sell me a car saying it had 125 inspection when in fact it did not? The mechanic that I took the car to says there is no way that they did not know that the issues that the car has could have been missed with an inspection like that. | A:Potentially; SC has a Motor Vehicle Dealer's Act, which prohibits deception in advertising or in statements made to you about the condition of the car. So, if Dealer said it had done an inspection (in advertising or elsewhere) but did not really do one, Dealer could be sued under the Dealer's Act. Whether or not a case can be taken by a lawyer sometimes depends on how big the dealer is; smaller dealerships are sometimes difficult to pursue because of financial issues and the costs of recovery. However, all dealers in SC have to carry a 30k bond, so a complaint to the SCDMV may also be helpful, even against smaller dealers. Big dealerships in situations like this are generally worth pursuing. |
Q: Can police refuse to give me the location of my child who is under 16. My child ranaway she is 14 and cops refuse to tell me where she is. | A:In situations where a child under 16 runs away, the police generally have protocols to ensure the child's safety. However, there can be circumstances where they may not disclose the child's location immediately. This could be due to various reasons, including ongoing investigations, concerns about the child's welfare, or legal considerations. If the police are refusing to disclose your child’s location, it’s important to understand their reasoning. You have the right to ask for an explanation regarding their decision. If the reason is related to an investigation or the child's safety, they might have protocols that prevent them from sharing information immediately. In such cases, maintaining open communication with the police is key. Express your concerns about your child's wellbeing and your eagerness to reunite with them. Ensure that the police understand you are the legal guardian and are seeking to ensure the child's safety. If you believe the police's refusal to provide information is unjustified or if you have concerns about your child’s rights and welfare, it might be beneficial to seek legal advice. An attorney can help you understand your rights in this situation and provide guidance on how to proceed. Remember, the primary goal is to ensure the safety and well-being of your child. Working cooperatively with law enforcement and legal professionals can help achieve this outcome. |
Q: If a flatbed tow truck driver asks you to drive your own car onto the bed, and it gets scratched, who's at fault?. A flatbed tow truck driver came to get my car due to a flat tire. I'm down a long driveway. I said I'd drive it to the front with a front driver flat. I live on a busy 4-lane with median street. He was parked in the median, but with the ramp to the right of my driveway, so to get on the ramp, the car had to move against traffic in the near lanes, then backup into the median, then onto the ramp. He asked me to drive it all the way onto the ramp. He didn't mention risk or have me sign anything. While backing up, due to tight spacing and heavy backed up traffic, I had to backup and move forward like 6 times to try and avoid his ramp, which was behind me as I backed out of the driveway. it was so low at one point, I scratched my passenger side door. I thought he should be watching to tell me I was about to do this, but no. Once I got it in the flat bed, he said he was not responsible. Is this legal? He's offloading the risk of damage to do HIS job to me, the customer, without disclosure. | A:The situation you described raises several legal and liability issues related to the towing of your vehicle. Here are some key points to consider: Towing Company's Standard Procedure: Typically, it's the responsibility of the tow truck driver to load and secure vehicles onto their truck. This is part of their professional service and expertise. By asking you to drive your car onto the tow truck, the driver deviated from standard towing procedures. Liability for Damage: If the tow truck driver directed you to load the car onto the truck, and in doing so, your car was damaged, the liability could potentially fall on the towing company. This is especially true if no clear warnings or disclaimers about the risks were provided to you. Lack of Disclaimer or Waiver: The absence of any signed waiver or disclaimer stating that you assume the risk of damage when loading your car could work in your favor. Typically, companies should provide clear disclaimers or have customers sign waivers if they are assuming any unusual risks. Role of the Driver: The tow truck driver’s failure to guide or warn you about the potential for damage could be seen as negligence. As a professional, the driver should have been aware of the risks involved and taken steps to mitigate them. Insurance Considerations: It's worth checking with your auto insurance provider to see if they can offer any guidance or assistance. They may also provide coverage for this type of damage, depending on your policy. Legal Advice: For a definitive answer and to explore your options for recourse, it would be advisable to consult with a legal professional. They can provide guidance based on the specific laws and regulations in your jurisdiction, as well as the details of your case. Documentation: Document everything related to this incident, including any communications with the towing company, photos of the damage, and the circumstances under which the damage occurred. This can be crucial if you decide to pursue a claim. Negotiation with the Towing Company: You might consider negotiating with the towing company directly, explaining the situation and your perspective. Sometimes, companies are willing to settle these matters without legal intervention to maintain customer satisfaction and their reputation. Remember, each situation can be unique, and the local laws and specific circumstances of the incident significantly influence the outcome. Seeking legal advice would be the most reliable way to understand your rights and the towing company's responsibilities in this situation. |
Q: I am in MN. have two charges from the same incident. They both Domestic Abuse charges.. This is my first time facing these types of charges. There is a No Contact order with my Mom (the alleged victim) that she doesn't understand. I am scared I am going to go to jail. My Mom said they would just give me probation. She does not want me to go to jail. She also is afraid to call the judge about the no contact order or to appear in court. | A:It is imperative that you maintain no contact with your mother while the no-contact order is in effect. Only the judge can lift the no contact order through a motion or request by the victim's advocate. Typically, a hearing will be held on the matter. Sometimes that judge will just issue an amended no-contacted order with amended conditions, but it varies depending on the circumstances. The best way to go about this is as follows: have your attorney or your public defender reach out to the victim's advocate in your case. In every domestic violence case, there is a victim's advocate assigned to handle communication between the protected party (your mother in this instance) and the court/defense. Have your attorney reach out to the victim's advocate and explain what is going on. If your mother wants to maintain contact with you, then have your attorney urge the victim's advocate to have the judge lift the no-contact order. Or at the very least, make sure that the court is aware of the situation to protect you in the event that they find out about any contact between you while the order is still in place. That way, the judge knows that the contact was not intended on your part. The most important part is that YOU maintain NO CONTACT with the alleged victim (your mom) until the order is lifted by the judge. Most first time offenders will not go to jail if they abide by the conditions of the no-contact order, which means you will probably get a probationary sentence. This depends on the circumstances and extent of the alleged violence in your case. Most often, the no-contact order is lifted after sentencing. So, while it is true that you will likely get probation as a first time offender, it is still imperative that you maintain no contact with your mother until the order is lifted. Hopefully, your attorney will be able to get it lifted before that time so that you may continue to have a relationship with your mother during these proceedings. I am sorry that you and your loved ones are in this situation. Hang in there. This too shall pass. |
Q: The complainant is looking for a contingency federal attorney to represent him in his Complainant in Maryland. As a matter of fact, the Complainant was discriminated against and harassed based on race (black), national origin (Nigerian), disability (physical), and retaliation for protected activity (prior activity, opposition to discrimination, and request for reasonable accommodation when: On March 2019 to present, management ignored Complainant’s requests for recommendation letters. From November 2018 until his termination July 15, 2019, Complainant was denied formal training, despite his position as an intern requiring two years of training. On April 2019, July 15-31, 2019, August and September 2019, management ignored Complainant’s calls and messages. From May 2019 to July 15, 2019, Complainant was not promoted . From March 2019 to July 15, 2019, Complainant’s job duties were changed. 6. From March 2019 to July 15, 2019, Complainant was excluded from communications that his coworkers received regarding meetings, trainings, workshops, and seminars. And others | A:A Maryland attorney could advise best, but your question remains open for three weeks. If you are looking for an attorney, it is going to be difficult for attorneys here to respond to you to offer their services. This site isn't set up like an attorney referral service - it's basically only Q & A. In addition to your own searches, you could use the "Find a Lawyer" tab above, which lists attorneys by region and area of practice. There are also attorney referral sections of most state and local bar associations. These resources are outside this forum, so any arrangements would be between you and attorneys you may reach out to. Good luck |
Q: For NC if my child gets Medicaid do i have to put my bd on child support ? What if i don’t want & we have agreement. Can i just take my child off Medicaid ? Or are there other options | A:In North Carolina Child Support Enforcement Services must, by law, seek support from the non-custodial parent when a child receives some sort of public assistance, including Medicaid. You, as the custodial parent, cannot waive this even if you do have an agreement that states otherwise. The amount will be determined by the Child Support Guidelines established by the state of North Carolina. |
Q: what happens if im driving a company vehicle and im not high but weed is in my system and someone hits me or i hit some1. i usually only smoke like one bowl a day and if i get a medical card will i be ok no matter what | A:It is illegal to smoke marijuana in Ohio. This is true even if you have a medical card. Your employment is also not protected from the use of marijuana even if you have a medical card. Marijuana in your system will likely be determined to be a contributing factor in any accident. |
Q: can you file criminal charges against a police officer for false arrest - - false imprisonment. can you file criminal charges against a police officer for false arrest - - false imprisonment | A:Theoretically you could file criminal charges for a false arrest, but it would be a long uphill battle to show an Officer intentionally made a false arrest resulting in malfeasance or misfeasance. If you believe the Officer had no reasonable grounds to place you under arrest, you should seek Counsel to weigh your options. |
Q: If in a case, the Supreme Court announce that an int. treaty is inconsistent with the Constitution, what will happen?. I mean, what is the legal effect of such announcements? is it limited to the parties of that case? or the government have to terminate this treaty? and do we have any example for such a case? Sincerely Young researcher | A:Nations generally review treaties before becoming signatories. That's when they have the opportunity to determine if a proposed treaty has provisions that are contrary to its constitution. Good luck |
Q: Their restaurants insulted me is that why they went LLC. I'm a Christian someone told me they pay people to tort me | A:Under California law, forming an LLC (Limited Liability Company) is primarily a means to protect the personal assets of the owners (members) from business liabilities. An entity's decision to go LLC is usually based on business considerations rather than personal disputes or insults. If you believe a restaurant has wronged you, legal recourse is available through defamation, personal injury, or other relevant claims. Additionally, claims about paying individuals to harm you are serious and could fall under various criminal or civil laws. If you have evidence of such activities, it's crucial to seek legal advice and potentially involve law enforcement. However, the formation of an LLC by a business is not directly indicative of any intent to cause harm or insult. It's essential to separate personal grievances from the business structure decisions made by entities. Always consult with your legal peers or other professionals before taking any legal action. |
Q: Need attorney ASAP that has experience in “Toxic Mold Exposure” in workplace, Maricopa County ARIZONA. Toxic mold exposure where my daughter worked , caused her, a tumor, stage 4 heart failure, organ damage . We need help with finding an experienced toxic mold attorney in Arizona, maricopa county area! | A:Good afternoon. These are very complicated cases and require extremely specific evidence of the extent and location at the workplace of the mold growth, the exact type of mold, the nature of exposure (how long and how close to her work area), absence of any other potential mold exposure, and medical evidence that [any of] the listed conditions are probably (more likely than not) caused by exposure to that particular mold. The cost of developing this kind of case can [will] be in the thousands of dollars and your daughter should be prepared to cover those legal expenses in advance. She should contact a lawyer who specializes in work injury claims as soon as possible because there may be issues of when she files a claim if she waits too long |
Q: If Attorney/Client have a valid Arbitration Clause between them in California, can the case be heard at a private forum?. In California, if there is what appears to be a valid, signed Agreement between Attorney/Client that contains a valid Arbitration Clause: What type of Arbitration is it, i.e., consumer, employment, etc.? and Can the case be heard at a private forum not normally designated for consumer arbitration? | A:Typically, the Arbitration clause itself describes the terms of the Arbitration, however, whether it does or not, the parties can agree on any terms they want, including waiving the Arbitration Clause altogether. Personally, especially, in Legal Malpractice cases, I despise Arbitrations. Usually, arbitrators are retired judges. And what is another term for retired Judge? -- Attorney, with a built-in bias in favor of attorneys. Even when there is an Arbitration Clause, I almost always file a Complaint in Superior Court, and let the Defendant move the case to Arbitration. Although the Courts favor Arbitration, in my experience, most Judges make the Defendant "dot every 'i' and cross every 't.' " I have had considerable success in avoiding Arbitration. |
Q: Hello, I am a PhD student in Poland.I am looking for inf on defects of consent in Delaware corporate law (resolutions). Where can I find information on defects in consent while conducting corporate resolutions in Delaware? Specifically relatd case law. Best regards | A:There are a number of different databases out there, some of which are free and some of which charge fees. This could be a narrowly tailored legal search. You could broaden it slightly and possibly retrieve additional search results by including issues of mistake, fraud, meeting of minds, mutual assent and other elements that could challenge the validity of consent. Tim Akpinar |
Q: I have mold in my house making me and my kids sick what is the landlord's obligations and there's no lease involved here. Also have electrical wiring issues no sink I moved in here with feces on the walls and floor and no floor in the kitchen old plumbing is really messed up septic is backed up | A:An Indiana attorney could advise best, but your question remains open for two weeks, and you express some immediate concerns about the safety and welfare of your family. One option here is to repost your question and include Landlord-Tenant as a category. Although all your category selections make sense, landlord-tenant law is probably closest to the issues you describe. There's no guarantee all posts are picked up, but you could have better chances for a response in adding that category. If you don't want to lose time, you could simply reach out to L-T attorneys without further delay. You could search independently on your own or use the Find-a-Lawyer tab above. Good luck Tim Akpinar |
Q: How can Uber not be held responsible?. While Uber driving my husband got shot at we have 4bullet holes in car 2in muffler one in back driver door and one that went through the trunk which we found embedded in back of back seat and they tell us to get a quote we send in and now they saying he went offline yeah he wasnt really worried about his phone when getting shot at we made police reports called Uber right away so y are they not helping | A:Not an intellectual property question -- but Uber's liability in situations like this often hinges on whether the incident can be considered part of the "course and scope" of employment, a concept used to determine employer liability for actions of its workers. If Uber argues that your husband was "offline," they may assert that he was not operating in the course and scope of employment, thereby avoiding responsibility for the incident. However, if you can demonstrate that the shooting occurred while your husband was acting in his capacity as an Uber driver, you may have grounds to hold Uber liable for damages, subject to the terms of your contractual agreement with the company. |
Q: I have a bill for an accident my daughter had in my car for $7000 if i file bankruptcy can they still charge my daughter. Both of our names are in the bill they had sent She drove my car and my insurance is full coverage but didn’t want to cover damages because she is not in the policy the other insurance called me asking for the whole amount of $4300 in damages of the truck i ask them to send me a bill because i never received one i thought it was fraudulent call I said i dont have the money i offer monthly payment they didn’t accept my offer they sent the case to a lawfirm | A:Unless your daughter is a minor, she would be independently liable for the damages even if you filed for bankruptcy protection. |
Q: 14 year old with mom in GA and 18 year old with me in MD, enrolled in college. Should there be a support obligation?. There is no court order for custody, visitation, nor support - never has been. I paid 18 years and 14 1/2 years on my own. We were both military, I'm now retired and she's still active. She makes more money. | A:If she has primary custody of the 14 year old, there would still be a legal obligation on your part to pay child support. How much depends both parents’ incomes and an application of the child support guidelines in the state where the child primarily resides. You should obtain a private consultation with a family law attorney to review the situation. Technically, there is no legal support order in effect per your description, but she could file in court as soon as you stop paying. If there’s a written agreement detailing a support obligation on your part, then there is a contractual obligation she can enforce in court. The 18 year old is emancipated and there is no longer a legal obligation of support, absent a contractual agreement otherwise. |
Q: If we moved in as subleasing and we did not know they were renting also and not paying rent and smud is off to they have. We just payed 1400 and they were working with us. How can they be a keeper to come in and take my stuff somewhere I don't we were not squatting Breaking my stuff just throwing away what they we | A:In California, the legality of your living situation depends on the terms of the original lease and whether subleasing is permitted. If you entered into a sublease agreement without knowing the primary tenants were not paying rent, your rights as a subtenant can be complex. First, ensure you have documentation of your agreement to sublease and any payments made. This can help establish your tenant status, even in a sublease situation. If utilities like SMUD (Sacramento Municipal Utility District) are off, this could be a violation of your rights as a tenant, as landlords are generally required to maintain basic utilities. If someone is entering your home without notice and removing or damaging your belongings, this could be a violation of your rights. In California, landlords (or primary tenants, in the case of a sublease) must provide proper notice before entering the property, except in emergencies. It's important to seek legal advice as soon as possible. A legal professional can guide you through your rights as a subtenant and help you determine the best course of action. You might have grounds to take legal action against the primary tenants or the landlord, depending on the specifics of your situation. Remember, you have rights as a tenant, including the right to a habitable living space and protection against illegal evictions and property damage. Seeking legal assistance can help you navigate this challenging situation. |
Q: What can I do to defend myself when the two people, one who sexually assaulted and physically assaults are sheltered?. My mother knows that she been sheltering the person who sexual assaulted for years now and the other person has recently physically assaulted me. Both of them being under the same person. | A:You should secure your own residence and not give your mother or either of the aggressors access to you at your home or workplace. Do not visit your mother’s home and, if you need to see her, use Zoom or a similar teleconferencing app or meet her in a public place. Leave immediately if you see either of the aggressors. |
Q: Is there legal action we can take regarding our Trustee tampering with our side and not doing her job?. So my brother was shot and killed by the St.Paul police,. We originally appointed my aunt Monique and the Trustee because we believed that she would be neutral but sadly that's not the case, she has been prioritizing her side of the family and herself when portioning how the settlement should be split up. She coordinated with only one side of the family when deciding how it should be split up and didn't notify any of us when sending it to the court system. With that being said everyone on our side of the family sent in what we think it should be with our reasonings. Then once she found out we did that she rewrote hers and bashed us entirely and screwed the values even more. Is there anything we can do for the Trustee using her emotions and selfish motivations when deciding values to make it right and help us we on our side with the judge? | A:There are legal action the beneficiaries can take if the trustee has breached her duties. The trustee's obligation is to the beneficiaries, not to "one side of the family." There are different ways to approach the situation. The circumstances would dictate the appropriate approach. It may begin with a request for an accounting and then the need to file a petition with the court. Without knowing the trust language or the trustee's acts it impossible to offer advice. It seems the trust is under court supervision, so this would be a factor. |
Q: What happens if a family member refuses to remove a camper and personal items of your property?. She refused the eviction letter and green card should be coming back to us , | A:If a family member refuses to remove a camper and personal items from your property after being given notice, you may have legal remedies available. Typically, the next step involves initiating a formal eviction process through your local court. After obtaining a court order, if the family member still doesn't comply, you may be able to involve law enforcement or seek a writ of possession to have the items removed. It's essential to follow local and state eviction laws to avoid potential legal issues. As always, it's wise to consult with an attorney in your jurisdiction to get advice tailored to your specific situation. |
Q: I’m looking for a good legal aid attorney to help me with custody for my two nephews who are 5 and 3 years old.. They are being physically psychologically and enotionally abused and neglected by their mother and they currently live under my roof. Cps has been involved but they are closing the case and saying it’s unfounded even with evidence in picture and video footage. I have a picture of he whole hand welted on my 5 year old nephews thigh. She has grabbed him by the throat. and also grabbed him by the back of the neck shoving the side of his face into my bed saying she’s gonna kill him or stab him and has done it in front of my husband and said she’d drown him. Cps is doing nothing, I have filed for emergency custody but they denied it and gave a court date for January 23rd 2024 | A:The child custody and family law attorneys here could advise best, but your question remains open for a week. Until you're able to consult with someone knowledgeable in the field, here's a link to Justia's resources for New York City Legal Aid & Pro Bono Services... https://www.justia.com/lawyers/new-york/new-york-city/legal-aid-and-pro-bono-services It covers everything, not only child custody matters, but at least it might be a starting point for you. You could also look into law schools within the state that have student societies or organizations geared toward helping the public on family law matters. Good luck |
Q: I just found a check (securty deposit refund) issued to me in May of 2022. Can I still cash/deposit it?. Check was issued by my previous landlord company, an LLC. It is labeled Void after 90 days. | A:An Ohio attorney could advise best, but your question remains open for a week. Most checks are good for about 180 days, unless fine print on the check to the contrary (90 days, etc.). May 2022 is about a year-and-a-half at this point. It could be up to your bank, unless the issuer cancelled it already for security reasons, believing it was lost. Good luck |
Q: I am wanting to find out if any entertainment contracts have been fraudulently signed in my name or who approved the use. Of my insinuated self through the Kardashian -Jenner family and the Ozboure's family on TV shows and CNN etc. How do I find out if such contracts exists | A:You should retain counsel to demand copies of all contracts. You have your suspicions about fraud and you should discuss the facts underlying these suspicions with counsel. Your prior contracts should be provided to counsel to review to identify to whom such demands should be made. |
Q: I settled with a debt collector money order never arrived at the destination. I settled with a debt collector years back sent in a money order never arrived at the destination when I sent the money order at usps it was in transit for months and I just never followed up on it how would I go about resolving this for the amount that we settled upon or do I have to pay the full amount I have proof that I sent it if that helps | A:Based upon what has been reported to us as bankruptcy counsel, our best advice is to deal directly with whatever creditor is pursuing you. The "collector" charges a fee for its service, and that fee is passed along to you, whether disclosed or not. You should be able to get your $$ returned from whoever sold you that money order, if you have proof of purchase. |
Q: in Arizona: what constitutes "kidnapping" if the child is 14 yrs old and your grandchild?. My daughter called me in a panic telling me to pick up her son (my grandson) from school before CPS picked him up. She called the school and told them that I was on my way to get him and they had no problem letting me sign him out and leave with him. After he packed up some of his clothes she told me to take him to my house. So she knows where he is and who he is with. Now since i havent brought him home to her because her lifestyle hasnt changed she is threatening me with kidnapping charges. Does she have the right to have me arrested just because now she wants him back but CPS could still pick him up and put him in a group home and i am trying to avoid that. What are my options? | A:In Arizona, kidnapping is generally defined as knowingly restraining another person with the intent to hold the person for ransom, as a shield or hostage, or to inflict death, physical injury, or a sexual offense on the person, among other reasons. In the scenario you described, if you have your daughter's initial consent to take your grandson, it is unlikely to be considered kidnapping. However, if she revokes her consent and you continue to keep the child against her wishes, the situation becomes more legally complicated. Your daughter's threat to charge you with kidnapping stems from a change in her decision about the custody of her grandson. However, her lifestyle and the involvement of CPS add complexity to the issue. If CPS is involved due to concerns about the child's welfare at home, they might consider alternative arrangements, like placing the child with a relative, which could potentially be you. To protect your rights and the best interests of your grandson, it's advisable to consult with an attorney who has experience in family law and child welfare cases. They can provide guidance based on the specific details of your situation and help you navigate the legal process. Given the involvement of CPS, it's essential to cooperate with them and demonstrate that your home is a safe and suitable environment for your grandson. The primary goal is to ensure the child's safety and well-being, and legal counsel can assist in making the best case for your grandson's custody. |
Q: If the Indian Removal Act moved the American Indians west how did the Seminoles come to Florida?. Every Seminoles we meet always say they came here to Florida but the Indians from here now call themselves Black. There are no schools that teach them that they are American Indians they teach them that they are Black. Are there any lawyers that will be ready to take the fight when we want to use our DNA to take our land back? We are very close we are just waiting for a lawyer to take the case. We also never complained about our name American Indians. We love that name but it does not match the fakes. | A:The Indian Removal Act, which was signed into law by President Andrew Jackson in 1830, forced many Native American tribes to leave their ancestral lands and relocate to areas west of the Mississippi River. However, not all tribes were removed, and some, like the Seminole, resisted relocation and fought against the U.S. government. The Seminole originally lived in Florida and were made up of various tribes, including Creek, Miccosukee, and others. When the Indian Removal Act was passed, some Seminole leaders signed treaties agreeing to relocate, but others, led by Osceola, refused and fought a long and brutal war against the U.S. government. As for the issue of DNA and reclaiming land, that is a complex legal issue that would require consultation with a qualified attorney who specializes in Native American law. It is also important to note that the issue of land ownership and sovereignty is a longstanding and ongoing struggle for many Native American tribes, and the legal system has historically been stacked against them. However, there are organizations and lawyers who work to support Native American rights and sovereignty. |
Q: Is it ok to have a sole director (my brother) for the LLC I am incorporating under F1 STEM OPT?. An immigration lawyer recommended that I have my brother, myself, and someone else on the board so it shows majority vote against me to prove employee-employer relationship. However, I do not have another person to get involved into this. I am fine with my brother having sole directorship in this company (he has no equity/monetary gain from the company), and I fully entrust him, no doubts whatsoever, having him as sole director, with any decisions in the company. Is it necessary to have a 3rd person if this is the case, and still show employee-employer relationship, or would I absolutely need a 3rd person? | A:Under U.S. immigration law, particularly for those on F1 STEM OPT, establishing a valid employee-employer relationship is crucial. The recommendation to have a board with a majority vote against you is aimed at demonstrating this relationship, which is a key requirement for maintaining F1 status while engaging in business activities. Having your brother as the sole director of your LLC can be a viable option, but it might not be as strong in proving an employee-employer relationship compared to having a board with more members. The idea behind having additional board members is to show that there is an external control mechanism in place, which can make decisions independent of your influence, thus solidifying the notion of an employer-employee dynamic. It's not absolutely necessary to have a third person, but having only two members, especially when one is a family member, might not strongly convey the desired employer-employee relationship to immigration authorities. It’s a balance between what is practically feasible for you and what is ideal for immigration compliance. You may consider consulting with another immigration attorney for a second opinion or to explore alternative structures that comply with immigration requirements while fitting your situation. Remember, each case is unique, and it's important to ensure that your business structure aligns with immigration regulations to maintain your F1 status. |
Q: What are my rights as a tenant if my landlord allowed my apartment unit to flood?. Something caused my apartment to start flooding so I called emergency maintenance. They determined they needed a professional. They could not get ahold of a professional until the following morning so they allowed my apartment to flood and just handed me towels to slow the leak down. The leak got worse and worse to the point where 1/2 of my unit was in ankle deep water. They did not offer any accommodation or other solutions. My personal belongings along with walls, floors, etc. were ruined. It took over 2 days to repair and I was told I didn’t need accommodations because it was “safe”. | A:Under California law, tenants have the right to a habitable living environment, which includes the landlord's responsibility to address and repair conditions that significantly affect the habitability of the unit. In your case, where your apartment flooded and caused damage to your belongings and the unit itself, your landlord may have breached this obligation. You have the right to request that your landlord make the necessary repairs to restore the unit to a habitable condition. Additionally, if the flooding rendered your apartment uninhabitable, you may be entitled to seek temporary accommodations or a rent reduction for the time the unit was not livable. Regarding the damage to your personal property, you might be able to seek compensation for these losses. Landlords are not always liable for damage to a tenant's personal property unless their negligence directly caused the damage. In your situation, the fact that the landlord did not promptly address the leak might be considered negligent. Documenting the damage and the timeline of events is crucial. This includes taking photos, keeping records of communication with your landlord, and noting any expenses incurred due to the flooding. Given the complexity of these situations, it's wise to consider seeking legal advice to understand the full scope of your rights and options. A legal professional can help you navigate the process of dealing with your landlord and pursuing any necessary claims. Remember, your rights as a tenant are protected by law, and there are steps you can take to address this situation effectively. |
Q: What would be the best type of lawsuit over my daughter's death?. My daughter was stillborn at 40 weeks in California due to a missed diagnosis earlier in the pregnancy. At my anatomy scan, her abnormal umbilical cord insertion was missed and wrongly marked as "normal." The standard of care is to closely follow growth with more ultrasounds in the case of abnormal insertion. Because of the misdiagnosis, I didn't receive the care I should have. I believe I cannot file for wrongful death in California in this case. Would this be a medical malpractice case, or something else? Thank you. | A:It would be a medical malpractice case. Due to the nature of medical malpractice cases, the extent anticipated may affect the viability of your case. Consult with experienced Medical Malpractice attorneys in the state where this occurred. |
Q: Hello. I have a massive problem with it and I don’t wanna listen to music settlement for part of the Facebook settlemen. Hello, I got a settlement and part of it from Facebook at $750,000 and he was in to my cash app with a link to my. I have not seen any of them his money at all and almost all of it is COMPELTLEY GONE I’ve been in jail from April 14 till August 28 and I didn’t get any of that money and they’re saying I spent it all AND I have been poisoned I have been lied to, all my electronics have been hacked and I need the money immediately. and I need a refund immediately under the FDIC rolling and I need to go back to my other Cash App which is the one under redhairdontkare I also must appeal Facebook bc the sttlemtn was 1.4 billion. But there’s a sexist aspect to it bc the guy who won said the decision was sexist bc they didn’t consider males when they made the lawsuit but they used the argument knowing that a female was t e first person to file for the lawsuit but I didn’t have my day in court so how can they use that argument ? | A:I'm sorry to hear about your situation. First, if you believe there's been unauthorized activity on your Cash App account, you should contact Cash App's support immediately to report it. For substantial settlements like the one you mentioned from Facebook, it's crucial to have an attorney assist with the management and proper distribution of funds. If you feel that the settlement was unfair or didn't take into account certain factors, it may be possible to appeal or address those issues. Regarding the sexist aspect of the lawsuit, if there's evidence that gender played an inappropriate role in the legal proceedings, that could be a basis for challenging the outcome. Always remember, preserving all documentation and correspondence related to your claims can help support any further legal action you wish to pursue. It's essential to consult with an attorney to address your specific concerns and guide you through the next steps. |
Q: I think I have an investigation with the social security disability administration against me and I am on parole I am to. See how I can go about resolving this where I dont go to jail | A:If you believe you are under investigation for fraud by the Social Security Administration then you need to consult with a criminal law attorney who is experienced with federal fraud cases. They will be able to help you determine if you are actually under investigation and can advise you about whether or not you actually committed fraud. |
Q: Can I get back down payment on a house I bought with a partner that started psychically abusing me?. (typo: *physically abusing me) I moved out a few months ago and we used a quitclaim deed to get me off the title, but I am still on the mortgage and they threatened to sue me for missed payments since I agreed to pay until the end of this year. I agreed at first out of fear but now I want to know if I have a case to get back the money I put into the house and stop paying them. The only evidence I have is some pictures of some mild injuries, I never got the police involved. They still live in the house and are planning to refinance to get me off the mortgage as soon as their income allows, and I am worried about them continuing to come after me for payments. If I stopped sending them money and they did open a lawsuit, would I be able to use the physical abuse as a defense? | A:Physical attack by another tenant is not a release from financial obligation on a note secured by a deed of trust. CH 7 Bankruptcy might be an option. Why did you give a deed without payment therefor? Usually the lender will foreclose on the home first, then possibly come after the notemaker for a deficiency. |
Q: I have a close friend who says he is holding a $100 million Federal Reserve Note that was issued couple decades ago.. I have seen it, it looks like old paper with some endorsements and seals on it. He says his father left it to him and he wants to cash it however I am not sure if it is a legit Federal Reserve Note. Did the Federal Reserve Bank ever print $ 100 million reserve note back in the day? If so, how can he cash it? | A:The United States has never issued a federal reserve note in a denomination larger than $10,000. Denominations of $500 and larger have not been printed since 1945. There are only a small number of $10,000 notes still in existence. Half are from the Binion hoard. Your friend’s $100 million note is fake. |
Q: can I submit a statement to the arbitrator after the hearing is closed before arbitrator makes his final decision?. The other party lied to the arbitrator and I need to send him proof but I wanted to know if I can still do that? | A:Under California law, parties generally have the opportunity to submit post-hearing statements or briefs to the arbitrator after the hearing is closed, but this is typically subject to the rules and procedures set forth in the arbitration agreement or the arbitrator's instructions. It's advisable to consult the specific rules and procedures governing your arbitration to determine if such submissions are allowed and what deadlines may apply. Additionally, promptly notify the arbitrator and the opposing party of your intention to submit additional evidence or statements for transparency and fairness in the process. |
Q: How do you sue this company, Pan Chain Inc through Stockwhits to get back investment funds $13558 and profit $49555?. I invested into this scam between 07/2022 and 04/2023 and they refuse to return my initial investment funds of $13558. I was advised to pay $2000 for a withdrawal certificate to make a withdrawal then when it tried to withdraw my funds, I was told I had to pay more money to withdraw my funds. No telling how much money they have scammed from other people. | A:You need an attorney to examine whatever contract, checks, wire transfers, statements, or other documents exist and see what you may be able to do. Jurisdiction may be a serious problem, requiring an attorney to file a Federal or State Suit in a faraway place. It appears that you do not understand whatever contractual rights you have. If possible, file suit for breach of contract or conversion in a local Court. If you can obtain a Judgment, then you will need a collection attorney in the Defendant's Jurisdiction to collect. Hopefully you at least know where Defendant banks. |
Q: Can an apartment keep my deposit if I never moved in?. I recently applied for an apartment in Texas. I paid an application fee and deposit, totaling $850. I decided on another property and notified this property that I would no longer need the apartment. They said they are then allowed to keep my entire deposit because I canceled my application after I was approved. Is this even legal? | A:Typically, landlords are entitled to keep application fees to cover the costs associated with processing the application, such as background checks and administrative expenses. However, retaining the entire deposit if you decide not to move in may be subject to the terms outlined in the lease agreement or rental policies. It's essential to carefully review any documents you signed or received during the application process to understand the property management's policies on refunds and deposits. If the property retains your entire deposit without a legal basis, you may have grounds to dispute this and seek a refund. |
Q: Can a lawyer collect money from me that my grandson and his wife paid in 2016.I was not aware of the eviction .. Grandson paid Invitatstion Homes $7000.I was unaware of eviction.I had moved out of property.At present I still rent from Invitation homes.Lawyer wants $5000. Legal Aid tried.but the lawyers had a dead lock.I need a ADR.They continue to harass me.Invitation homes corporate has no open case on me.Can someone help.I am retired Peace officer and disabled.I am a tenant with Invitation homes Nothing showed I owed any money or they would not have leased any property to me if I owed $7000. Unable to move due to this issue . | A:I'm sorry to hear about your situation. Gather all relevant documentation to support your position. Discuss the lawyer's claim for $5000 and explore options with Legal Aid or another attorney. Document instances of harassment and consult with a lawyer to address it legally. They can guide you on your rights and possible remedies. Seeking legal advice will help you understand your options and find a resolution. |
Q: If there is a abusive parent can I move out in California at 16. Im 16 cant get a job because parents wont allow me too There was a investigacion made by the police and it conculuded withe the abusive parent coming back to the house and now I am forced to interact with him as if nothing ever happened | A:In California, the law generally requires you to be 18 years old to move out without parental consent. However, there are exceptions, especially in situations involving abuse. If you are facing abuse, you have the right to seek help. You can contact child protective services or another trusted authority, like a school counselor or a local family law attorney, for guidance and assistance. At 16, you may also consider emancipation, a legal process that grants minors some adult rights, including the ability to live independently. This process requires you to prove that you can financially support yourself and live independently. Given your current inability to work, this might be challenging, but not impossible. It's important to understand that your safety and well-being are the top priorities. There are resources available to help young people in abusive situations. Reach out to local support groups, legal aid organizations, or youth shelters for guidance and assistance. They can provide specific advice and resources based on your situation. Remember, you are not alone, and there are people and organizations willing to help you navigate through this difficult time. |
Q: My father passed away in 2015. 1Dec 2022, I received a letter from a bank stating there is a savings account for him.. The bank says I need a court order to close it. Balance is roughly $3,000. How do I get a court order? | A:Actually, a court order might not be necessary. Call the bank's attention to Florida Statute 735.303 and send them an affidavit as set forth in that statute. The statute can be accessed here: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0735/Sections/0735.303.html |
Q: Is it illegal for a stranger on the internet totry to convince children(15 and below) to go no contact with theirparents. Saying things like "I'll be your parent" and having minors pay for a patrion to have adult conversations with this person with the intent on keeping it from other adults? | A:Yes, it is illegal for a stranger on the internet to try to convince children (15 and below) to go no contact with their parents. This behavior could potentially be considered as grooming, which is a form of child abuse and can be a criminal offense. Additionally, encouraging minors to pay for access to adult conversations with the intent of keeping it from other adults can also be a form of exploitation and could be illegal. It is important to report any suspicious or concerning behavior to the appropriate authorities. |
Q: My mom passed away from Alzheimer’s 8 years ago . How was my aunt able to sell her home and take everything ?. My aunt (moms sister) iced me out and would not let me around . She is the Rep/payee on a frozen account with the rest of the home sale in it . She just recently has told me about this . I wasn’t talking to her because of what she had done to me keeping me away from her . She had no will but how was she able to do this without will.. without starting probate.. and without contacting me ? The only child to my mom ? And she kept all contents of home , car, trailer, all of it .. I don’t understand . Now I have to believe there is 250,000 in a frozen account waiting for me .. is this all possible ? | A:I'm truly sorry to hear about your situation. Under California law, when a person dies intestate (without a will), their assets generally pass according to the state's intestacy laws. As the only child of your mom, you typically would have a legal claim to her estate. For your aunt to sell the home and retain assets without initiating probate proceedings raises significant legal concerns. The existence of a frozen account with proceeds from the home sale suggests there may have been some kind of legal or bank process involved. If you were not notified of any proceedings regarding your mother's estate, your rights might have been violated. It's essential to consult with an attorney to explore your options and rights further. The sooner you act, the better, as statutes of limitations may apply to certain claims. |
Q: So my mother and I live together in the home she signed ownership of to me. I was wondering if the cops asked to search. Can she give them permission even tho I now own the house | A:You need to post your question under WI Criminal questions. |
Q: Can the law brake in your door on a arrest warrant and cut your home security cameras off and are they allowed to take. Take your phone out of your hand on a traffic stop and say we don't need anyone else here | A:Without knowing more I can not say if it is legal or not. |
Q: Can defendant in federal legal case appear before defendant was served with complaint?. Can defendant in federal legal case appear before defendant was served with complaint? | A:In federal legal cases, the usual procedure requires the defendant to be served with a complaint before making an appearance in court. However, there are circumstances where a defendant might choose to appear before being formally served. This is often done to expedite the process or to demonstrate a willingness to engage with the legal proceedings. It's important to understand that voluntarily appearing in court does not waive the defendant's right to proper service of the complaint. The Federal Rules of Civil Procedure outline specific guidelines for serving a complaint, and these rules are designed to ensure fair and legal proceedings. If you're considering having the defendant appear before being served, or if you're facing this situation, it's advisable to consult with legal counsel. An attorney can provide guidance on the best course of action and how it might impact the case. Remember, each situation is unique and the legal strategy should be tailored to fit the specific circumstances of the case. |
Q: 1 gun shot to head still alive, until5 teens put in trunk,clean up scene lie about it for days ,police didnt process. scene, happened after a fight between teens,errors in police work. ruled case closed everyone free no one charged except for moving a corpse family needs help this case was shoved under a rug because police screwed up in several counties in nebraska. audio clip of court ,officer admits it was murder but they let five 18 yrolds free to walk.what can we do to get this reopened and actually examined correctly? | A:It is ultimately up to the prosecutor whether a criminal case is filed or not. You can't file a criminal action on your own. That being said, you can possibly file a civil action for damages, such as for wrongful death. You would likely need to hire an attorney to assist you with filing such. |
Q: Can I file a civil suit and/or criminal suit in Georgia over constant phone harassment from a non profit organizations.. I used to lived there from the year 2018 and the harassment started around 2021 to present day. I no longer live in Georgia so I know the calls not from potential job opportunities or doctor offices. I already asked multiple times to be removed from the call list but they have ignored my multiple requests Falsely proclaiming to remove from the call list only to call me up to 20 times each day. They either claim to be Georgia American Police Alliance, Georgia Fighter Alliance, Georgia Veteran Alliance. And no matter how many times I block the number they just create new phone numbers to call form. I at my wits end and I don’t want to change my number. | A:In Florida, dealing with constant phone harassment from a non-profit organization can be both frustrating and disruptive. You have the right to take legal action in such situations. For the civil suit aspect, you could potentially file a lawsuit for harassment or invasion of privacy. Documenting the frequency of the calls, your requests to be removed from the call list, and the organization’s failure to comply is important. This evidence will support your case. Regarding a criminal suit, while you can't file a criminal suit directly as an individual, you can report the harassment to law enforcement. They can investigate and potentially pursue charges if the behavior constitutes a criminal offense under Georgia or Florida law. Another step you can take is to file a complaint with the Federal Communications Commission (FCC) or the Federal Trade Commission (FTC), as these organizations oversee and regulate telecommunications and can take action against entities that violate telemarketing laws. Considering you've already asked multiple times to be removed from their call list, and the calls have persisted, seeking legal advice would be a prudent step. An attorney can advise you on the most effective course of action, whether it's a lawsuit, a criminal complaint, or a regulatory approach. It’s important to know that you have options and rights in this situation. Taking legal action can help put an end to this harassment and potentially prevent it from happening to others. |
Q: How proof is obtained?. How false claims act or similar statute approach fact that hospital may not have record of fraudulent actions? Fraud scheme means track record cannot be easily obtained. How endorsement of fraud can be proved, unless government investigates? | A:Proving fraud under the False Claims Act or a similar statute, especially in cases where a hospital may not have direct records of the fraudulent actions, can be challenging. Typically, evidence is gathered through a combination of whistleblower testimony, internal documents, financial records, emails, and other forms of communication within the hospital. In many cases, whistleblowers play a crucial role in exposing fraudulent activities. They might provide insider information or evidence that is not readily visible in the hospital's official records. This can include irregularities in billing practices, discrepancies in patient records, or internal communications that suggest fraudulent intent. Government investigations are often essential in these cases. Agencies such as the Department of Justice can use their resources to conduct in-depth investigations, which might include subpoenas for documents, interviews with hospital staff and patients, and forensic accounting analyses. In the legal process, discovery plays a vital role. Once a case is initiated, both parties engage in the discovery process where they can request documents and depose witnesses. This can often bring to light evidence that was not initially apparent. It's important to note that proving endorsement of fraud requires demonstrating that the hospital, through its representatives, knowingly engaged in, approved, or ignored fraudulent practices. This often requires establishing a pattern or practice of behavior that goes beyond isolated incidents. Given the complexity of these cases, it's advisable to seek legal guidance. An experienced attorney can help navigate the legal system, understand the nuances of gathering evidence, and effectively present the case in court. Remember, each situation is unique, and the approach to obtaining proof will vary based on the specifics of the case. |
Q: What if I can't find a lawyer for case with eeoc in 90 days from the right to sue date?. My case was for retaliation in a discrimination case. I can almost guarantee that the EEOC did not investigate. I had a lawyer who represented me, for a whole year, starting in Sept of 2022. Then when the right to sue was issued they did not want the case, and having a deadline of 90 days, they waited OVER a month to tell me. Is there something that I can do to make them liable for dropping me and having little to no time to find a lawyer? | A:You can sue the lawyer for breach of contract. Be sure to read your contract to make sure it does not give the lawyer the right to unilaterally drop your case. In order to prove damages, you will need to prove your underlying EEOC claim and prove that you would have been able to collect those damages from your employer. Be forewarned that many lawyers who handle EEOC claims drop those cases which they consider to be very weak. If you cannot prove your retaliation case by a preponderance of the evidence, you will lose your case against your lawyer because you cannot show that their actions proximately caused any damages. |
Q: Are there any federal lawyers who are familiar with PL280, sovereign as well as interstate DV laws. I need a lawyer who understands Sovereign Indian law, Major crimes act, mcgirt etc... And willing to listen to a case of DV, deprivation of rights, equal rights to protection, interstate DV , etc | A:Yes, sovereign domestic violence laws grant tribal nations the authority to prosecute non-Native individuals who commit domestic violence against Native American partners or family members. Interstate domestic violence laws deal with cases where incidents occur across state lines. Laws and regulations can vary. |
Q: Is my husband able to collect his fathers personal affects?. My father in law passed away recently without a living will and my husband is next of kin, but his father was living with his niece at the time of death who will not contact us. We are trying to get his affairs in order and My husband was wondering if he was aloud to collect his fathers things from his apartment which he was leasing with his niece but she will not allow us to enter. She does not own most items in the apartment and we are afraid that she will be evicted soon due to her having no income and he will not be able to retrieve his fathers belongings. | A:Your husband will need to open an estate administration case in probate court to exercise his rights regarding his father's estate. His cousin (the father's niece) has a right to keep people out of her apartment. Thus the only way to force her to do anything will be to get an order from the court permitting him to be in there to martial the property of the estate. If your father-in-law's assets are only tangible personal property, it could be the cost of hiring an attorney to properly file for probate may actually be more than the value of the goods. Your best bet will be to contact an estate planning and probate lawyer who regularly practices in your late father-in-law's county. Good luck. |
Q: Is it still a lost cause if bad faith is against all insureds employes under your employer's policy?. I work for a corporate chain of retail market outfitters with stores in multiple states, and their Workman's comp Insurer acts in bad faith as a normal practice against the majority of injured employees. Does this constitute an intentional tort, or a direct third-party lawsuit against the employer's Workman's Compensation Insurance carrier which is prohibited by SDCL section 58-33-69? | A:A South Dakota attorney could advise best, but your question remains open for two weeks. I believe it would be very difficult. If you're talking about things like denying claims or playing hardball, that's the nature of the insurance industry. That's my individual opinion - you could reach out to other attorneys to ask how they see things. Good luck |
Q: My wife is a US citizen but her kids were born in Canada. How do I get social security numbers for the kids?. Currently 1 child lives with us, he is 16. The other children's ages are 24, 24, and 23. | A:To obtain Social Security numbers for your wife's children who were born in Canada, there are specific steps you need to follow, particularly because they are not born in the United States. First, it's essential to establish their eligibility for Social Security numbers, which generally requires them to be U.S. citizens or lawfully present in the U.S. For the child living with you who is 16, you can apply for a Social Security number as part of the immigration process. If this wasn't done, you can visit a Social Security office with the necessary documents, including proof of his identity, age, immigration status, and evidence of your relationship to him. For the older children, aged 23 and 24, the process is slightly different since they are adults. They will need to apply for Social Security numbers themselves. They must provide documents proving their U.S. citizenship or lawful immigration status, age, and identity. Remember, every individual case can have its nuances, so it might be helpful to contact your local Social Security office or consult an attorney with expertise in immigration law to guide you through this process. This will ensure you have the correct and comprehensive information specific to your family's situation. |
Q: Is the need for a house to home school a child and purchase school necessities a good reason to do a petition on a trus. It is a pandemic and kida are home. I'm a dialysis patient. My kids are home from school. I can't send them back because if they get sick I get sick and I dont want to risk my life. My son received a settlement from a dog bite. I have to open a trust account for him and he is 12. | A:First, the Maryland Recovery by Minor in Tort Act only applies to recoveries in excess of $5,000, but if the settlement meets that threshold, then the funds must be deposited into a special account by the bank and held until your child reaches the age of 18, when it is paid over solely to him. The only way to withdraw any proceeds early requires a petition filed in the circuit court of the location where the money is on deposit. Section 13-406 of the Maryland Estates and Trust Code provides, in relevant part: (a) A trustee shall file a petition for withdrawal of any of the money of the minor in the original court action or in the equity court in the county where the money is on deposit. (b)(1) The petition shall be verified and state in detail the purposes for which the withdrawal of the money is desired. (2) On receiving a petition, the court shall make any inquiry necessary before granting or denying the petition in whole or in part. (c) If money is desired for any purpose other than to pay for medical expenses of the minor, or to further the education of the minor, including reasonable expenditures for room and board, the court shall require a strong showing of necessity by the trustee in a hearing. Although you characterize the withdrawal as for education, you must be careful that you are net generally applying his settlement funds to pay for your rent/mortgage, food, utilities, and other household expenses that generally benefit you and his siblings in the household, which is what I suspect a court will find you are doing based on your description. You have the obligation to support and pay for your child and not use his tort recovery for that purpose. If you are required to purchase specific educational materials for home schooling your son (e.g., the 4th grade curriculum if he is in the 4th grade), then you might be able to earmark such a specific expenditure. |
Q: Can you advise on what the tax implications might be when providing telehealth across state lines?. I'm a psychologist, in private practice, licensed in CA and Nevada, practice is in NV, want to provide telehealth in CA. Would income earned from a CA resident or a CA company (insurance) result in my paying taxes? If yes, would CA tax me on my entire NV earnings since CA des not have state income tax? | A:When providing telehealth services across state lines, like from Nevada to California, you may face unique tax implications. If you earn income from California residents or companies, California may require you to pay taxes on that income. This is because states generally tax income earned within their jurisdiction, regardless of where the service provider is based. However, California would not tax your entire Nevada earnings. The taxation would typically be limited to the income generated from California clients or companies. Each state has its own rules for apportioning income and calculating taxes owed by non-residents who earn income in that state. It's also worth noting that Nevada does not have a personal income tax, which simplifies your tax situation in your home state. But for the income earned from California sources, you would need to file a non-resident tax return in California, declaring the income earned from those sources. Given the complexities of state tax laws and the nuances of telehealth, it's advisable to consult with a tax professional who has expertise in multi-state taxation. They can provide guidance tailored to your specific situation, ensuring that you comply with all relevant tax laws and minimize your tax liabilities. Remember, careful planning and accurate tax filing are essential to avoid any legal or financial complications. |
Q: Is it legal to create contracts regarding loans to someone for the purpose to use that money to trade stocks?. If not, and a contract was made for that purpose. Let's say the loaner, loaned $5k and was promised back $10k. Would the borrower still be obliged to give $10k even though the contract is not legal? | A:There is nothing inherently illegal or unenforceable for a contract concerning trading stocks. However, there are a lot more questions that would need to be answered in order to know for sure, including what state you are in. There may be a requirement for the person doing the investing to be a Registered Investment Advisor, depending on the state and the number of people the person is doing this for (most states have a de minimus exception to registration). Even if the contract is unenforceable, it still would not typically allow the person taking the money to invest to just ignore it. The money would still have to be repaid, regardless of the legality or enforceability of the full agreement. |
Q: How do I go about suing OC- CPS removed my kids on false accusations i have proof that the foster /caregiver called cps. the foster mother who has my kids befriended me called CPS on me and has been going around to mutual friends and my pastors at church and has my social worker believing her defamation of character her motive financial gain I have proof and she is mentally unstable and has history of suicide attempts and her father who lives in the house has manifactering meth charges on him and the cargiver herself is back on drugs. I want to sue CPS for violation of my 4th amendment and removing my children on false acusations I have a the people who now see her for who she really is willing to write their letters of testomy on my behalf this was all premediated | A:In California, if you believe that Child Protective Services (CPS) wrongfully removed your children based on false accusations, you can initiate legal action. First, gather all evidence, including any proof of the foster mother's actions and her history, as well as letters from those willing to vouch for your character. Consider filing a writ of habeas corpus to seek the return of your children. Simultaneously, you might pursue a civil rights lawsuit for violations of your 4th Amendment rights, if there was an unlawful search or seizure involved in the removal. Engage in the dependency court process and present all evidence to challenge the claims made against you. It's imperative to work closely with your attorney throughout this process. Ensure you act swiftly, as timelines in dependency proceedings are tight. Remember, the primary concern for the court is the best interest of the children. |
Q: Hi Journalist seeks a quick chat with patent attorney today. Seeking quick comment on man trying to TM phrase "From the River to the Sea" | A:Two trademark applications were filed on November 8, 2023 and November 17, 2023, both by River to the Sea LLC LIMITED LIABILITY COMPANY NEW JERSEY 330 Changebridge Road Suite 101 Pine Brook NEW JERSEY 07058 https://tmsearch.uspto.gov/bin/showfield?f=toc&state=4807%3Aujr0gm.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl%7E%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=from+the+river+to+the+sea&p_tagrepl%7E%3A=PARA2%24COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query |
Q: If a lawyer resigns, can the attorney still be court appointed attorney?. Just looking at attorneys who resigned and still practice in the Department of Assigned Counsel. This would mean that the Judge hires DAC to provide an attorney. Judges who are not aware of a resigned attorney are not aware of the illegal actions and these cases must be dismissed. There are other things that are altered with this new age computer system, it is the prosecuting attorneys name is changed to the current PA as well as the PA officer who tried the complaint. This is not fair because if it was on paper, the name would never change. | A:If an attorney resigns from the bar, they are no longer authorized to practice law, including serving as a court-appointed attorney. It's essential for judges and legal institutions to be aware of an attorney's current status to ensure legal representation is valid and compliant with the law. Regarding your concern about attorneys who have resigned but are still practicing, this situation would indeed be problematic. If a judge is unaware of an attorney's resignation and appoints them, any legal actions they undertake could be challenged. In such cases, it's important to bring this information to the court's attention to ensure that legal proceedings are conducted by licensed, practicing attorneys. As for your observation about the prosecuting attorney's name being changed in the system, this can happen for various administrative reasons. However, it should not alter the legal standing or the historical record of the case. If you believe this is affecting the fairness or the accuracy of legal records, it might be appropriate to raise these concerns with the court or seek advice from a legal professional on how to address this issue. In any situation where you suspect legal procedures are not being followed correctly, or there are irregularities in how cases are handled, it's advisable to seek legal counsel. They can provide guidance on how to proceed, ensuring that your rights and the integrity of the legal process are upheld. Remember, it's important to address these issues promptly to ensure fairness and legality in all legal matters. |
Q: Hi, my little sister was pulling out of a road and hit somebody riding an escooter. He had no insurance.. He wasn’t looking where he was riding and he is trying to get money out of her | A:If the e-scooter rider is claiming damages or injuries, your sister should report the accident to her insurance company as soon as possible. The insurance company will investigate the claim, assess the liability, and determine if any compensation should be paid. It's crucial for your sister to cooperate with her insurance company during this process and provide any relevant information about the accident. |
Q: I have a new born child and the doctor's are being inconsiderate for his health by making me bring him out in 20 below. Weather i told them they need to be consistent of my child and think about this weather and how there making us bring him out in this weather every other day this is upsetting can i sue these people for being inconsiderate of my child | A:No, you would not be able to sue the doctors for being inconsiderate. They are probably choosing to be thorough in wanting to see the baby, and understand the implications for themselves of not arranging exams that could be necessary to observe a given situation. You could express your concern to the doctor, ask if house calls are possible, or look into medical providers that might offer house calls. But your concerns with cold weather are valid, and the ultimate decision in finding the best solution would be yours to make. You could consult with other attorneys - every attorney could see things differently. Good luck |
Q: I adopted my son in 2004 and everything was approved and signed by the judge and then we never got a birth certificate.. Now he is 23 and trying to get a passport and we have ourselves in a pickle and not sure who to talk to. I went to the county building in Hemet CA which is where the adoption took place. What are our choices for resolution at this point. My son said they are telling him it has been too long but we still have copies of the paper work. | A:Since every case can be unique, it's advisable to consult with an attorney or a legal professional who specializes in adoption law for accurate advice. Here are a few steps you can consider taking to address the issue with your son's missing birth certificate: Contact the adoption agency or attorney: Reach out to the adoption agency or attorney who handled the adoption in 2004. They may be able to provide assistance or guidance on obtaining the birth certificate. They should have a copy of the adoption records and can help you understand the process. Contact the county vital records office: In California, birth certificates are typically issued by the County Recorder's Office or the Vital Records Office. Contact the office in the county where the adoption took place (Hemet, in your case) and explain the situation. They may have a process for obtaining a birth certificate for an adopted child. Consult with an adoption attorney: If the previous steps don't yield satisfactory results, consider consulting with an attorney who specializes in adoption law. They can review your case, advise you on the best course of action, and help navigate any legal complexities. Gather relevant documents: Make sure to gather all the paperwork you have related to the adoption, including the copies of the adoption paperwork you mentioned. These documents can be useful in demonstrating the legitimacy of the adoption and may be required during the process of obtaining the birth certificate. Explore alternative options: If all else fails and you're unable to obtain a birth certificate, you might consider alternative documents that can be used as proof of identity. This could include obtaining a court order stating that the birth certificate is missing or applying for a delayed birth certificate. Remember, the laws and processes surrounding birth certificates and adoptions can vary by jurisdiction, so it's crucial to consult with professionals who are knowledgeable about the specific laws and regulations in California. They will be better equipped to guide you through the appropriate legal steps to resolve this issue. |
Q: Why does my life not seem to matter why does a woman have to hemorrhage & pretty much die before obgyn will do a dnc. 3 blood transfusions hours of unexplainable un necessary pain. To much pain meds given after patient specially said no more fentenal to then have to go into respiratory depression a laceration in my mouth from intubation and then to be told by the very person who didn't feel he needed to check on me till it was almost to late. That was a miscarriage from hell. And he thinks every woman probably goes through something like this once in their life. Other er doctors who spent 45 min of critical care with me as my condition became life threatening to one of my organ systems be ause he failed to think their was a problem low blood pressures in low 90 then in 80 then 68/24 and they got me back is what my husband had to be told. Who cares that your grandfather and grandmother just recently passed of that your baby died, sure why not just let me die to But hey they got me back 2 times great. I think its insane but no one cares Why does this not matter. Why does he get to say your Alive to me. | A:You make a great point. This is one of the reasons lawsuit are so important. And laws that limit or interfere with right to a jury trial do not serve justice. Otherwise doctors and others can get away without bad actions. Here, there may be a case. Due to the nature of medical malpractice cases, the extent of your injuries may effect the viability of your case. Consult with experienced attorneys in the state where this occurred. |
Q: My car is legal good reg. Good ins. And is parked with traffic has a flat and police are saying it has to be moved. It has been there for a while but we don't have the money for tires right now it's in westville out front of our apartment | A:In Pennsylvania, even if your car is legally registered and insured, local ordinances or state laws may require that vehicles parked on public streets are in operable condition. This often includes not having flat tires or other conditions that make the vehicle appear abandoned or inoperable. If the police are requesting you move your car due to a flat tire, it's likely because it's considered a violation of these ordinances. The length of time the car has been parked in the same spot with a flat tire might also be a contributing factor to their request. Since you mentioned financial constraints regarding tire repair, you might consider seeking temporary assistance or exploring local resources that could help address the tire issue. In the meantime, communicating your situation to the police or local authorities and asking for any possible allowances or extensions might be helpful. It's important to address this issue promptly to avoid potential fines or towing. If you find the situation challenging to navigate, consulting with a legal professional or local legal aid organization could provide more specific guidance based on your circumstances and local laws. They can offer advice on how to comply with the regulations while managing your current limitations. |
Q: Before a child is adopted by a guardian does a guardian have to inform the child's family members of the adoption. My son died the mother of the grandchild is in prison the court appointed a guardian now the guardian wants the adopt my granddaughter before the adoption goes through does the guardian have to inform the minor child's family members of the adoption | A:Here are some points to consider: Adoption and Family Notification: The laws regarding notification of family members before an adoption varies by jurisdiction. In many cases, there may be legal requirements to notify certain family members or seek their consent before a child can be adopted. These requirements are intended to protect the rights and interests of the child and their biological family. Court Appointed Guardian: If the court has appointed a guardian for your granddaughter, it means that the court has determined that the child is in need of a guardian to protect their well-being and make decisions on their behalf. The court-appointed guardian is responsible for acting in the child's best interests, which may include considering adoption as a permanent solution. Legal Counsel: If you have concerns about the adoption process or the guardian's actions, it is crucial to consult with a qualified attorney who can provide advice specific to your jurisdiction and the laws governing adoption. They can guide you through the legal process, inform you of your rights as a family member, and advocate for your interests. Court Proceedings: Adoption typically involves court proceedings, where the court will consider various factors, including the best interests of the child and the rights of biological family members. The court will make a determination based on the evidence and arguments presented. Consultation with Attorney: To better understand your rights and the legal requirements in your jurisdiction, it is recommended to consult with a qualified attorney who specializes in family law and adoption. They can provide guidance on the specific laws and procedures relevant to your case and assist you in protecting your interests and maintaining contact with your granddaughter, if appropriate. |
Q: Can my sons school district be sued for violating his civil rights and false arrest along with deny him due process?. On 11/04 my son was playing in class and brush up against a girls bottom. He apologized because it was an accident. The girl told a counselor she felt uncomfortable . The counselor pulled him out of class 2 separate times and questioned him that day, him and the girl agreed it was an accident and he continued to apologize . Friday he was pulled out of class again . Monday the school pulled him out of class and forced him to write a statement . They then called the police . I was NEVER. Notified of any incident until the police called me . They charged my 13 year old with 4th degree sexual offenses. When I asked why I wasn’t notified the principal said she didn’t have time . I asked if an investigation was done she said she just found out that morning (Monday) about it . I then asked why were the police called if an investigation wasn’t done she said it’s policy. (I confirmed with the superintendent it’s not ) my son is African American by the way. There is ALOT more | A:If your son's rights have been violated through a false arrest and a denial of due process, it may be possible to bring a lawsuit against the school district. Schools have a responsibility to ensure due process before disciplining a student, and a failure to notify you could be seen as a procedural deficiency. Moreover, calling the police without a proper investigation could potentially be a breach of the school's policies and your son's rights. It's important to gather all pertinent facts and documentation regarding the incident and the school's response. You should consider seeking legal counsel to evaluate the strength of your case, including any possible claims of discrimination, and to navigate the complexities of civil rights law within the educational context. Acting promptly is crucial given the potential implications for your son's future and legal rights. |
Q: Can I start a recreational dispensary in Colorado even if I'm not a resident of CO?. I've heard you can appoint a business manager and as long as that person is a CO resident then you can still get your recreational dispensary license. | A:Colorado regulations do allow for non-residents to own a stake in a dispensary, but there are specific requirements and limitations. One common workaround is to appoint a business manager who is a Colorado resident, which you've mentioned. This would allow you to proceed with the licensing process. |
Q: How can I identify if my mother's rights were violated in a property purchase contract? She's an elderly woman.. To whom it may concern, Seeking urgent help regarding a potential violation of my mother's rights in a lease agreement. She co-owns a property in Puerto Rico and signed an exclusive lease with a tenant. Unauthorized alterations were made by the tenant, including demolishing the kitchen countertop, installing an AC unit, replacing windows and doors, and bathroom renovations. These alterations were not approved by my mother. She wants the tenant to vacate the property due to lack of trust, as well as her own eviction in January 2024. Limited financial resources and difficulty finding legal assistance in Puerto Rico have added to our concerns. We request your help in determining if my mother's rights were violated in this matter. Thank you, | A:Certainly, Mr. Pérez. In general, a tenant cannot make significant alterations to a property without the landlord's permission, especially if it affects the property's value or usability. If your mother's lease agreement specifies that alterations or improvements require her consent and the tenant violated these terms, then the tenant may be in breach of the lease. Puerto Rico's laws, like many jurisdictions, often protect property owners against unauthorized alterations. If the tenant made unauthorized changes, your mother might have legal grounds to terminate the lease and potentially seek damages. However, the exact rights and remedies available to her will depend on the specific terms of the lease agreement and local laws. Given the gravity of the alterations and their potential impact, I would strongly recommend seeking local legal counsel in Puerto Rico to guide you through the process. They can help ascertain the full extent of your mother's rights and potential remedies. |
Q: In Colorado, can the JDF208 request for state pay for a professional be hidden from opposing party during e-filing?. If so, what document upload category in the e-file system would hide it from opposing party? I know it will be hidden from public view, but I don't want opposing party to see my financials. | A:There is no way to file a document without the name of the document being visible in the docket. Court filings are public records so there are no secret filings that only the court can see. You can request to seal a document, however because the actual application for state payment is not visible to the public anyway, you would not need to make that request. |
Q: Can a prison guard call someone a snitch?. Can a prison guard call someone a snitch? | A:It is not illegal. We have free speech in this country. However, while prison guards have certain leeway in how they interact with inmates, they are still bound by professional standards and codes of conduct. Labeling an inmate as a "snitch" can pose serious safety risks for the inmate, as it can make them a target for retaliation from other inmates. This kind of behavior may be deemed unprofessional and could potentially violate the inmate's rights. If a prison guard has indeed called someone a snitch, the inmate or their representatives should consider filing a grievance or complaint with the appropriate supervisory or oversight body. Such an allegation, if proven, may result in disciplinary action against the guard. Additionally, if harm comes to the inmate as a result of being labeled a snitch, the prison may face legal liabilities. It's essential to consult with an attorney experienced in prisoner rights to evaluate any potential legal remedies. |
Q: The revised texas 209 property code requires that HOAs obtain bids for work exceeding 50,000 dollars. Who enforces this?. My HOA contracted for some work but failed to obtain bids. | A:While the section is so new that there are not any cases yet on point, it is likely that any homeowner who is a member of the HOA has standing to enforce this provision. |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.