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Q: I went for an interview at USCIS with my wife and she got arrested during the interview.. After visiting her at the prison and speaking to the probation officer and got know she had violation in her probation even before we got married. The immigration has sent me a notice of another interview but I have not gotten date yet. My question is with my wife hidden all this from for a year and a half in our marriage,is it ok to continue with her and if I file for divorce base on trust because I might know what she's hiding from again. I am just confused and don't know what to do. Please I need advice on my issue especially my upcoming second immigration interview. What are my chances of, thanks. | A:Sir, I'm sorry this has been so difficult for you and your wife. When will she be released from prison? Can you postpone the interview until then? The best advice I can give you is to find a good immigration lawyer. A couple suggestions: State Bar of Georgia in Atlanta has a free lawyer referral service. Google them and find the tel # and call them and ask them for a list of immigration lawyers in your county. Next suggestion, go to the website for American Immigration Lawyers Association (AILA), to which many immigration lawyers belong. The website is www.aila.org. Go there and look for "Find a Lawyer." You can set it by state and city (maybe county). Probably a good idea to look in the Atlanta area, even if you are somewhere else, because the interview will be in Atlanta. You have several issues which you need to bring to the attention of the immigration lawyer. Not just that you have a pending immigration case, not just that your wife cannot attend, but that your wife apparently was not open with you about her past. Find a lawyer on Monday, please. |
Q: After the certification of dissolution, if the business continues to receive payments for service what happens?. If a business continues to be "active" and a subcontract to another business even though it failed to file annual reports and has already the certificate of dissolution. Does this business infringe any law? if yes, can you state which one? | A:If a business continues operations after its official dissolution, it may be violating state corporate laws. The certificate of dissolution generally indicates that a business is no longer legally recognized as an active entity for the purposes of conducting business, incurring debt, or entering into contracts. Operating after dissolution can lead to legal complications. For instance, the individuals acting on behalf of the dissolved business might become personally liable for any new debts or obligations incurred. This is because the corporate shield, which typically protects owners and officers from personal liability, may no longer apply. Additionally, the continued operation of a dissolved business could be seen as misrepresentation to clients or partners, particularly if they are unaware of the dissolution. This could potentially lead to legal action against the individuals involved for fraud or misrepresentation. Given these risks, it's important for any business in this situation to seek legal advice promptly. A legal advisor can clarify the specific laws and regulations that apply, based on the jurisdiction and the details of the business's situation, and help navigate the process of either properly winding down the business or reinstating it, if that's a desired course of action. |
Q: My manger wont let my son visit me he did nothing wrong . He is i ntimidating me Yelling at me in front of ev. Eryone. Treating with no dignity kr redpect because i filled a restraining order on a tenent who sexually harrassed me. | A:More information is needed. In particular the context. Please repost your question. |
Q: How long do I have to hold on to a persons belongings after a civil standby was conducted via an order of protection?. I’m in Arizona, an individual was removed from my home due to domestic violence and an order of protection was placed. A civil standby was just conducted and belongings were left behind. How long do I have to keep her stuff on my property? | A:In Arizona, after a civil standby is conducted due to an order of protection, there are specific guidelines regarding how long you must hold onto the belongings of the individual who was removed. The law generally expects you to keep these belongings for a reasonable period, allowing the person adequate time to retrieve them. Arizona statutes do not specify an exact time frame for how long you should hold the belongings. However, a commonly accepted reasonable period is 30 days. This gives the individual sufficient opportunity to make arrangements for collecting their possessions. It's advisable to notify the individual in writing, if possible, about where their belongings are stored and the time frame they have to collect them. This communication should be clear, providing a specific deadline by which the items must be picked up. If the individual does not collect their belongings within the specified time, you may have the right to dispose of them. However, it's important to document your efforts to contact them and safely store the items during this period. Given the sensitivity of situations involving orders of protection and domestic violence, handling the belongings with care and in accordance with the law is important. Consulting with an attorney can provide specific guidance based on the details of your situation. |
Q: Can we have incinerating toilets and a grey water system instead of septic in Holland Township NJ. Thank you!. Recently purchased property in Holland Township New Jersey with a old, non working septic. We would like to replace it with a more environmentally friendly system because we are extremely close to a stream and have a high water table. We are hoping to put in new incinerating toilets and gray water system to have less impact on the land and water around us. | A:Call the municipal building inspector to discuss this issue. |
Q: My mother passed away in 2016. My father was the executor of her estate. She inherited oil leases in a few states from. her parents. My father didn't transfer them over to his name. He passed in 2019. I am the executor to his estate. Problem is, she passed in Alabama and I am a resident of Virginia. We had to get a 3rd party resident of AL to handle the transfers of the oil leases to a LLC for my sister and myself. The 3rd party has not kept us informed with anything going on nor has she been proactive getting things transferred. Is there a way I could petition the Alabama court to take control over my mother's estate even if I'm not an Alabama resident? | A:I assume that there's an attorney involved with your mother's estate? if so, speak to that attorney. if you have issues with him, then consult with another probate attorney and seek what is recommended. |
Q: HOA not allowing Fruit Trees in Backyards. We have just brought a house in a HOA governed community in Tampa, Florida. We have a 2000 sqf backyard and have planted some Florida approved fruit trees like mango , banana as we wanted home grown food and for religious practices. We got a letter from HOA that we are not allowed to plant fruit trees as it would attract rodents. We do not have this restriction stated in our community by-laws but it exists in HOA architecture review board documents/guidelines. More over we have some builder plans/trees which consists of Oak and Palm trees which the HOA supports. Also , the HOA supports vegetable and herb plants but only seem to be against fruit trees. Do we have any laws that protect our right to have fruit trees in our backyard? Can we argue with HOA on any legal grounds? Thank you | A:The ARB documents/guidelines are valid restrictions adopted by the HOA. Whether or not you can claim a reasonable accommodation for religious practices is a fact-based question that requires the review of a lot of factors, which go beyond the scope of this website and require a review of all of your HOA documents and any amendments to the same, as well as a review of your personal circumstances. As an avid gardener, I can tell you fruit trees and their sweet aroma do attract rodents, squirrels, raccoons and various other critters, while vegetables and herbs are less prone to attracting these animals. You are also likely required to get permission from the HOA before changing the landscaping. If you decide you want to dispute this you should know these cases are not done on a contingency (pay only if you win) basis. You would need an experienced HOA lawyer and the legal fees could range from $20,000 to $150,000 (or more) with the losing party having to pay the winning parties legal fees. |
Q: My dog was stolen, beat to death, &thrown over bridge. Was law enforcement supposed to visit the scene for investigation. I reported when stolen, they couldn’t help me even though I told them he was going to be killed. When I found my dog, filed a report, contacted animal control but they were closed for holiday weekend. I had to retrieve my dog myself. How are they investigating if nobody ever went to the scene or called me back? | A:I am sorry to hear about the tragic loss of your dog. It is understandable that you are upset and frustrated with the way your case has been handled by law enforcement. According to the Animal Welfare Act, all animal cruelty cases, including theft and animal killing, are supposed to be investigated by law enforcement. This includes going to the scene of the crime, collecting evidence, and interviewing witnesses. In your case, it is unclear why law enforcement did not visit the scene of the crime when you reported your dog stolen. It is also unclear why they did not call you back when you filed a report after finding your dog's body. It is possible that law enforcement is still investigating your case and that they will contact you soon with an update. However, it is also possible that they have closed your case and that you will not be getting any further information from them. If you are not satisfied with the way your case has been handled, you can file a complaint with the law enforcement agency involved. |
Q: DMV says I need a birth certificate to get photo ID, DOH says I need photo ID for birth certificate. What should I do?. My driver's license is expired. I tried renewing online and was told I needed to show a copy of my birth certificate. I do not have a "valid" copy of a birth certificate. For those who are not aware, the Florida DMV is currently in the same state of collapse as most of their other state agencies, and people not being able to renew DLs has become an issue. DMV is unreachable. Tried several times by phone and email. Spoke to DOH, not productive. I am aware of the tactic of coming back another time and talking to someone else. I only need an ID to open a bank account. DOE has sent large payments as paper checks, there is nothing I can do with them. I use an online bank. I never set up mobile check cashing because in 15 years, never needed it. I can't use mobile check deposit without a photo ID either. Even tried check cashing stores. Ordered copy of birth certificate from vitalchek months ago. | A:Are you indicating that you have neither? How old are you? |
Q: Can you please help me on what the best thing to do is or can i get a attorney. My identity was stolen and used for business fraud. Also issues worth the epa and dtsc. | A:A Georgia attorney could advise best, but your question remains open for two weeks. Your post is very brief and it could be difficult for someone to figure out what kind of attorney you're looking for. You could try reposting (don't include personal information - this is a public forum), or you could reach out to attorneys. There's a Find-a-Lawyer tab above to the left, or your could search online on your own. Good luck Tim Akpinar |
Q: I need a personal injury lawyer that is familiar with Indian casino law as I recently had a very scary and painful fall.. I suffered food poisoning after eating a tainted dish from the cafe. Needless to say I was extremely sick as my body tried to eliminate the e.coli anyway possible as I sat in my hotel room bathroom. Upon standing up from toilet, I blacked out and slammed face first into the tile floor/door jamb corner of doorway. The way I landed was so such that I immediately broke my nose, snapped my neck, and cracked my skull on top all at same time. I had to be taken by ambulance and thought I was paralyzed and dying. I've had serious head and neck issues since. I need to know if this is something that I can reasonably pursue legally. | A:I'm sorry to hear about your injury. In California, if you were injured on the property of an Indian casino, you may have a legal claim for personal injury. Indian casinos are owned and operated by sovereign nations, and they have their own laws and regulations that may differ from California state law. Therefore, it's important to find a personal injury lawyer who is familiar with both California state law and Indian casino law. A personal injury lawyer can help you determine whether you have a valid claim and can advise you on your legal options. They can help you gather evidence to support your claim, such as medical records, photos, and witness statements. They can also negotiate with the casino and its insurance company on your behalf to try to reach a settlement or represent you in court if necessary. To find a personal injury lawyer who is familiar with Indian casino law, you can start by doing an online search for lawyers in your area who specialize in personal injury law and have experience working with Indian casinos. You can also ask for referrals from friends or family members who have had similar experiences. Be sure to schedule a consultation with the lawyer to discuss your case and their experience handling cases similar to yours. |
Q: Father is on hospice, but still cognitive and alert able to make own decisions, wants to go home, can he?. My father is on hospice and suffering from heart disease, end state cpod, and other issues, yet he is fully aware, and cognitive. He was in the hospital for five weeks, when asked by the Hospice Liaison, where he wanted to go, and given options his answer has always been home. He is bed ridden and might improve some with physical therapy, he will need a care take for most of the day, and Hospice or my family had person whom could do the care 16 hours a day. His current wife(#3), refuses to allow him to go home, and has placed him in a board and care home, where he will be in a room in the house 24 hours a day, and not even put into a wheelchair or have the bed moved into other areas of the home. My father's wife is paying $5000 a month out of pocket. The hospice person picked this place as she has history with them, but she does agree with me my father should be home as it is his wishes. What can I do as his son, to make his wish to go home a reality. | A:Under California law, if your father is cognitively capable of making his own healthcare decisions, he has the right to determine where he wishes to receive care, including at home. You, as his son, can consider filing for a conservatorship if you believe his current wife is making decisions against his best interests. However, you should consult with an attorney familiar with elder law and conservatorships to assess the specific facts and advise on the best course of action. |
Q: If the beneficiary contested grandmothers will because he knew for a fact, it to be fraudulent,. And the court noticed the inconsistencies and considered the will to be ambiguous, would the beneficiary's be in a position to enforce his or her intestate succession rights. Do too, his or her father being a pre-deceased beneficiary, leaving him or her as a contingent beneficiary to stand in his shoes. | A:Under California law, if a will is deemed fraudulent or ambiguous and thus invalid by the court, the estate would typically be distributed according to intestate succession laws. In your scenario, if the beneficiary's father (who would have been an heir) predeceased the grandmother, the beneficiary may indeed have rights under intestate succession. Intestate succession laws in California provide for the distribution of assets to surviving relatives based on their degree of relation to the deceased. As the grandchild of the deceased, with a predeceased parent (the deceased's child), you could potentially stand in the shoes of your father as a beneficiary. This means you could be entitled to the share of the estate that your father would have received if he were alive, subject to the rules of intestate succession. However, the specifics can depend on other factors, such as the presence of other relatives who may also have a claim under intestate succession. It's important to review the specific facts of your case and consider seeking legal advice to understand your rights and the appropriate steps to assert them in court. |
Q: Medicaid question.92 year old father in rehab/nursing home will need to go next to long-term care. His income qualifies. him for Medicaid. His home has been a mobile home. Its fair market value is $7400 and that is his only physical asset. If he applies for Medicaid now and is accepted, as soon as we sell the trailer, his assets will be above $2000 which makes him ineligible for Medicaid until he spends down the proceeds. When is the best time to sell the mobile home, before he applies for Medicaid or after he qualifies and is placed in a long-term facility? | A:It can work out either way. If you are able to find items to spend on now, before he needs Medicaid, then that is a good option. The main thing is to sell it for the proper blue-book value and spend the funds down before he needs Medicaid. Or you can get qualified for Medicaid first. Then, when you sell it, you must spend it down that month. Therefore, it is a good idea to sell in the beginning of the month and spend it down by the end of the month. |
Q: Participation in NSLP, Title I, Transportation, and MSA for Nonpublic Schools with Non-Equivalent Secular Curricula. I am looking to understand the eligibility of a nonpublic school in New York State for various state and federal programs. The school in question does not offer a secular studies curriculum at all. I am particularly interested in the following programs: National School Lunch Program (NSLP) Title I funds Transportation services Mandated Services Aid (MSA) and other similar programs Are there specific curriculum-related requirements for eligibility for each of these programs? Does the absence of a substantially equivalent secular studies curriculum impact the school's eligibility for any or all of these funds? Thank you very much in advance. | A:Eligibility for state and federal education programs often includes specific requirements that schools must meet, which can include curriculum standards. For the National School Lunch Program, the focus is primarily on economic need and compliance with program regulations, not curriculum. However, Title I funds are generally aimed at improving academic achievement in reading and math, and the absence of a secular curriculum may impact eligibility. Transportation services are typically provided to all nonpublic schools within certain distances from the school, regardless of the curriculum. Mandated Services Aid is tied to the school's compliance with certain state requirements, which can include curriculum components. The absence of a substantially equivalent secular studies curriculum could potentially impact eligibility for MSA and other similar programs. It's advisable to review the specific regulations of each program and possibly consult with the New York State Education Department for guidance on these matters. |
Q: Can a 19 year old who illegally purchased alcohol in oklahoma be punished for furnishing the alcohol to an 18 year old. 18 year old also was driving and had a collision while drunk driving and received dui should the 19 year old be punished as well for purchasing it | A:In Oklahoma, both the legal drinking age and the legal age for purchasing alcohol are 21. If a 19-year-old illegally purchased alcohol and provided it to an 18-year-old who subsequently got involved in a collision while driving under the influence, the 19-year-old could potentially face legal consequences. Furnishing alcohol to a minor is a violation of the law, and the 19-year-old might be held accountable for contributing to the circumstances that led to the DUI incident. |
Q: I feel like I'm being discriminated against by rental companies in my area due to drawing unemployment benefits.. I have tried to rent a home from 3 different rental MGMT companies and was refused because I draw unemployment right now. All of them said I had to have a job or be employeed and could be verified. Why will they rent to someone that draws disability that is verifiable, and they do not have a job, why can they not rent to me when my unemployment is verifiable? I understand that unemployment will run out, and disability does not. What I do not understand is all 3 rental MGMT companies said I had to have a job even though I had verifiable income. My question is Why is it fair that someone drawing disability can rent a home from any of the 3, and not have a job, why was I denied being rented to when I have verifiable income, but no job? Doesn't seem fair or right. That's why I feel like I'm being discriminated against please correct me if I'm wrong. All 3 even refused me an application. And I have a text message from 1 of these companies to prove what I just said. | A:I'm sorry for your frustrating ordeal. Your post remains open for three weeks, and at this point, you could try reaching out to Tennessee landlord-tenant attorneys. From a practical standpoint, L-T attorneys would probably have the best insight into your situation among all the practice areas you've selected to post under. As a general premise, most discrimination-based legislation is geared around protected classes and tends to be based on race, color, national origin, religion, gender, marital status, or disability. Employment or non-employment is not generally a protected class under most legislative schemes. You could see if a landlord-tenant attorney could offer you insight or suggestions. Good luck Tim Akpinar |
Q: I was arrested for leaving the scene of accident and resisting arrest without violence.. I plead no contest, and took the plea deal of time served (18 days). Before the arrest, during the time in jail, and for 5 years afterwards, I was severely mentally ill (scrizophernia, bipolar disorder medications). Now I that my medication have been updated, I feel sane enough to be a productive member of the society. I read the police report and it is completely not how it happened. I hadn't read it before I took the plea deal. As per the law, can I get the case reopened? I have proof of all the mental rehabs, doctors notes, and how I wasn't able to protect my legal rights due to mental illness. (Florida) | A:Sorry to hear about your ordeal. It is possible to file a motion to withdraw a plea due to the plea being involuntary because of mental incompetence. However, due to the number of years going by and the (I assume) availability of the police report at all times, I believe you'd be facing very long odds for getting the motion granted. Don't rely on any online commentary (such as mine), though; schedule a consultation with a criminal defense attorney for evaluation of the issue. Another issue is whether you can get the record EXPUNGED or SEALED. If you can accomplish that, there's no need to try to get the case re-opened (which could still result in conviction if you were to miraculously succeed on a motion to withdraw the plea). If the arrest resulted in conviction, you cannot get the record expunged or sealed, but if it instead resulted in a WITHHOLD OF ADJUDICATION, and you have no convictions at all in your record, you might be eligible for an expungement (also called expunction) or sealing of the record. |
Q: Hello, can ATF charges be fought?. EX: Dealing in firearms without a license within the meaning of Chapter 44, Title 18, Section 922(a)(1)(A). | A:Yes, ATF charges, such as dealing in firearms without a license, can be contested in court. In any criminal case, including those involving federal firearms violations, you have the right to mount a defense. This can involve challenging the evidence against you, the manner in which it was collected, or the interpretation of the law as it applies to your case. It's important to understand the specifics of the charge under Section 922(a)(1)(A) of Title 18. This law requires that individuals engaged in the business of dealing firearms be licensed. A key element of your defense might be demonstrating that your activities did not constitute "engaging in business" as defined by the law. Legal defenses might also include questioning the conduct of law enforcement during the investigation or the validity of their evidence. In some cases, demonstrating a lack of intent to violate the law can be a relevant defense. Given the complexity of federal firearm laws and the serious nature of these charges, it is crucial to seek legal representation. An attorney with experience in federal firearms law can provide guidance tailored to your situation and help you navigate the legal process. They will work to ensure your rights are protected and aim to achieve the best possible outcome in your case. |
Q: Neighbor & asphalt co improperly "fixed" cracked asphalt, caused massive flooding on my property incl into basement. I believe my new neighbor flipper/landlord (now his 9th house), who is a paver patio installer, and the asphalt contractor he hired, to overlay our shared drive and lay substantial completely new asphalt on his property, violated the NJ Consumer Fraud Act. At the very least, both were negligent as they failed to complete measurements to ensure water would flow correctly and lied then about work done. Neighbor, on several occasions including in a text, threatened to only do his half if I didn't agree to paying half of $4,000. They have caused repeated nuisance, vandalism, hardship, lack of enjoyment, damage to my property, and distress to me due to rainfall flooding my yard, pavers, under my deck, and in my basement. I can't park behind my home, plant clover out back, enjoy my deck due to mosquitos, or leave my house when rain is forecast so I am there to vacuum the water up when it comes. There is so much more I've written to explain. It won't fit. | A:You really need to retain an experienced civil litigation attorney who has handled these type of cases extensively. You are correct about violations of the New Jersey Consumer Fraud Act, but there are a significant number of causes of action that you can file in a complaint. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. |
Q: What is the max amount of mental anguish can I sue for? The cost of the vehicle was $8590.50, in my suit what is the. maximum amount of economic damages I can sue for? In my demand letter can I ask for double the cost of the truck back or in my suit if it goes to court? I am prepared to send my demand letter today, I am just unsure of all the damages I can ask to recover. I am doing this without an attorney so I won't have any of those fees to recover. I know if I prove fraud I can get triple in punitive damages and tripple my amount of mental anguish fees . The punitive damages would be triple the amount of my economic damages correct? | A:You can ask for whatever amount you like. Awards of damages for mental anguish vary depending upon the facts and circumstances presented by the evidence to the jury. A decent rule of thumb for settlement purposes is no more than 1.5x the amount of your medical expenses for whatever bodily injuries were caused to you as a result of whatever was wrong with the truck that is the responsibility of the defendant. But again, it is very situational. If the truck broke down on a busy highway causing your injuries and other cars were zooming past all around you, you would probably get more damages for mental anguish than if it happened in your driveway or on a quiet neighborhood street |
Q: Is immigration status taken into consideration in custody?. My ex is married to his first child’s mother. She won’t help him get papers, and she is the main caregiver for their son. He sees him every other weekend. He has slandered my name and character, In collusion with my vindictive mom. The judge has dismissed anything I say, but without batting an eye believes the screenshots of txt between the two. He doesn’t actually care for my daughter. His intent is clear he wants to have custody to help with immigration status. | A:In California, immigration status is generally not considered directly in determining child custody matters. The primary concern for the court is to ensure the best interest of the child, considering factors such as the health, safety, and welfare of the child, any history of abuse by one parent against the child or other parent, and the nature and amount of contact with both parents. However, if you believe that the other parent is seeking custody for improper reasons, it may be appropriate to present evidence demonstrating that the other parent's custody would not serve the best interest of the child. |
Q: I live with a friend and pay rent + electricity. My girlfriend also lives with us, but does not pay. I want her out.. I recently broke up with my girlfriend, who has no job and pays nothing, but lives with me in my friend's house. She then abruptly revealed that she is pregnant, a child I do not want. She agreed at first and scheduled an appointment to have an abortion, but is now changing her mind, holding the child over my head and making further demands. She even went as far as recording our conversations without my knowledge or consent, intending to twist things I've said out of anger and use them against me. I am at my wit's end, and if I can get her to go through with the abortion, I plan on cutting ties, get my friend to evict her and, if I have legal grounds, obtaining a restraining order against her. I cannot support a child any more than I could continue to support her in our utterly one-sided relationship. Legally, what are the steps I must take to get her out of my life? Do I have any rights in regard to the unwanted child? I don't know what to do anymore. | A:1. In Georgia she is allowed to record without your consent. 2. You can't evict her because it's not your house. You certainly can move if you want to be away from her. 3. You can't force her to have an abortion. 4. She can have the baby and seek child support from you. It's up to you if you want to actually see the child, but you have to pay support. |
Q: Do I have a case against County Courthouse for toxic mold in my workplace?. After I started work at the Courthouse, I became ill. I was diagnosed with mold biotoxin illness due to water damage from a building, which the courthouse has had lots. While out on medical leave I started getting better, when I went back for one hour, my symptoms came back. My medical team and I believe there is toxic mold at my work. My doctor recommended to HR that correct testing be done by mold literate professional. HR was not receptive and said moving me to another location was considered an accommodation. I am under the impression that anyone that has worked there for any length of time, knows there is mold among other harmful toxins in that building. There are visible signs of water damage in my office and lots of evidence. My exposure has had a serious impact on my health, work, and life and all life is at risk that breathes the air contaminated with the toxic molds. I am not only concerned for myself but everyone inside the courthouse. Do I have any type of case here? | A:Given your diagnosis of mold biotoxin illness and the apparent presence of toxic mold in your workplace at the County Courthouse, you may have grounds to pursue a case. The visible signs of water damage, coupled with your health deterioration upon returning to work, provide substantial evidence. It's noteworthy that your doctor recommended proper testing by a mold-literate professional, but HR's response was not receptive and offered relocation as an accommodation. This raises concerns about the adequacy of the measures taken to address the issue. It's crucial to prioritize your well-being and advocate for necessary changes in the workplace to protect both yourself and your colleagues from potential harm. |
Q: If an agreed upon merger ends up not happening because one company pulls out last-minute, what are the other company's. remedies? | A:that depends entirely on what kind of interim agreements the two companies had. |
Q: I want to charge a subscription for stock tips based on my trading algorithmI am a successful private trader. Legal?. I will not handle anyone else's money for them. I will provide only the stock tips, and advisement on how best to limit risk, and set goals. Anyone taking my advice makes their own decisions. Do I need a license to do this? | A:Providing stock tips and investment advice through a subscription service, even without directly handling others' money, often falls under the regulatory oversight of both federal and state securities laws. In New York, as well as under federal law, individuals or entities providing investment advice typically need to be registered as investment advisers. The definition of an investment adviser is broad and can encompass various activities, including issuing reports or analyses on securities. Since you plan to charge for your service, this could be interpreted as engaging in the business of providing investment advice for compensation. Before proceeding, it would be wise to consult with a legal professional knowledgeable in securities law. They can help you understand the specific requirements and regulations that apply to your situation, including whether you need to register as an investment adviser or if any exemptions might apply to you. Compliance with these regulations is crucial to avoid potential legal complications or penalties. A legal professional can guide you through the process of setting up your business in accordance with the law. |
Q: A person took all my kids photos from my Facebook and made a Facebook account and Added it collection of photos of kids. He also likes all the elementary school posts | A:In such a situation, it's important to take immediate action. First, you should report the unauthorized Facebook account to Facebook. They have specific procedures for dealing with accounts that improperly use personal images, especially those of minors. You may also want to contact local law enforcement, as using children's photos without consent can sometimes be a legal issue. Law enforcement can investigate the matter further and determine if any laws have been violated. It's advisable to review the privacy settings on your own Facebook account to ensure your children's photos are not publicly accessible in the future. This can help prevent similar incidents from occurring. Lastly, consider seeking legal advice to explore any additional actions you can take, such as a cease and desist letter to the individual, if their identity is known, or legal remedies if any laws have been breached. Your primary concern should be the safety and privacy of your children, and these steps can help address the issue. |
Q: Is a short term investment tragedy in the best interest for the client, according to the new BI rules? How is it?. Client is aware of fees associated with this strategy and wants to implement this strategy in his/her well diversified portfolio. | A:A short-term trading strategy can comply with regulation B-I as long as the fees are reasonable and disclosed, the client authorizes the strategy, there is appropriate supervisory compliance of the account in place, and there is not a conflict of interest between the client and the broker. |
Q: I was served w/Elder TRO and had to vacate residence immediately.Served by sheriff's. Everything included in ETRO is Lie. Elder says I used a gun, which I dont own nor posses and used my service dog to attack him. I was ordered to leave due to emotional distress he alleges. Incident NEVER occurred. He was traveling when he says this occured . My dog, g/f , and I all were asleep in my room and never saw him until sheriff arrived at home 5pm to serve me. Two weeks prior he attacked me in home , threatened and assaulted me , threw bowl at me , breaking and cutting my foot. Followed me to room where he banged on door repeatedly cursing and hitting with a bat and cane trying to break lock on my door. police were called. I thought police report was taken , incident report only. I am honorable veteran no warrants or arrests. I need to respond my hearing is 14th . i want this dismissed/vacated . I need to pursue against him for breaking into my room and giving my personal affects away to his bookkeeper and removed to trash instead of storing. I thought I had possesssory rights . The sheriffs did not lock me out | A:I am sorry you are in this situation. You need to prepare a strong defense with evidence. Your best bet would be a skilled lawyer. |
Q: My brother who has been in jail for several years, gave me Power of Attorney for Triple-S-Vida Insurance. He gave me ful. I have full power of Attorney to handle the insurance. They have a copy but they still keep say no to me. What can I do. I think they just want up to stop so they could keep the money of the cash value. | A:A Florida attorney could advise best, but your question remains open for three weeks. An attorney might ask for additional details to advise, in terms of what caused the problem - notarization of power of attorney, scope of power of attorney, claim/value-related issues, etc. Those are only general guesses. A Florida attorney could advise more definitively after seeing the file and the claim. Good luck |
Q: My sons teacher got in my sons face yelling & put his hands around my sons neck. My sons classmate recorded the incident. Can i take the school / teacher to court? | A:In California, a teacher physically assaulting a student is a serious matter. Under California law, such conduct may be grounds for both criminal charges against the teacher and a civil lawsuit against the teacher and potentially the school district for damages. If you possess a video recording of the incident, it can serve as significant evidence in any legal action. You should report the incident to the school administration and local law enforcement immediately. It's advisable to seek legal counsel to discuss the specific facts of your case and potential remedies. Remember, a statute of limitations may apply, so timely action is essential. Always ensure the safety and well-being of your son as a priority. |
Q: Is it against the law for a officer who wasn't at the incident on scene to write a false statement as if he was there?. The officer who wrote the incident report in my case wrote it out like he was there the whole time, which isn't true. Also the inital thing I was being pulled over for was damage to personal property. i was charged with traffecking meth, possession of weed and ecstacy. Although I never knew about the damage to personal property until I recieved some of my motion of discovery, because I didnt go to jail on or bond out on the damage to personal property charge, just the other three. Even though they were supposed to all 4 be filed on the same date, the damage to personal property wasnt filed until 2 months after the arrest not with the other ones. | A:Officer cannot write false statements. On the other hand this is personal to you and I would suggest that you have someone else, perhaps a lawyer you might hire, review the reports and see if his review reaches a conclusion which is the same as yours. |
Q: Is illegal, unwarranted search and arrest on the search and falsifying evidence a serious infraction against. Is it an infraction against DA and or Sheriff? If so what are the defendants options for recourse? | A:If you're facing a situation involving illegal, unwarranted searches and arrests, or the falsification of evidence, this is a serious matter that can potentially impact both the district attorney and the sheriff's department involved. These actions can constitute violations of constitutional rights, specifically the Fourth Amendment, which protects against unreasonable searches and seizures, and the Fourteenth Amendment, which guarantees due process. Your immediate step should be to consult with an attorney who can review the specifics of your case. They can help determine the best course of action, which may include filing a motion to suppress any evidence obtained illegally, potentially leading to the dismissal of charges. In cases where there's evidence of misconduct by law enforcement or the district attorney's office, it's also possible to pursue a civil rights lawsuit. Such a lawsuit can seek damages for the violation of your constitutional rights. It's crucial to act swiftly and get legal advice. These situations are complex, and having a knowledgeable attorney on your side is essential to navigate the legal system and ensure your rights are protected. |
Q: I don't believe there is a process for federal referendum or initiatives?. For instance where the initiative process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. - If you started at the state level could the citizens create legislation to have a federal referendum/initiative process? While I don't believe the is, would there be a way at least academically if not practically? Looking to think creatively, could an initiative or referendum be passed at the state level, which could enable citizens to get a federal referendum or initiative process in place - is there any level at which the state process can affect/affect the federal government. (I realize my question is sort of a shotgun approach - but trying to see if there are even directions that from state law to make changes federally?) | A:It doesn’t work that way. There are two separate systems: the federal system, and the state system. There is no federal analog to an initiative process. It is not possible to begin an initiative process in the state and then have it transfer over to the federal level. The United States Constitution does not allow for the initiative process. All laws at the federal level must be passed by Congress, then signed into law by the President of the United States. The initiative process was created in California under the California Constitution. In order to do that on the federal level, there would have to be an amendment to the United States Constitution, first passed by the Congress, and then ratified by the legislatures of 3/4 of the states of the union. This is a deliberately cumbersome and time consuming process. |
Q: is it true that CA State Meal/Rest Rules Don’t Apply to Truck Drivers if we import wine from another country & state?. Truck drivers engaged in interstate transportation, and driving vehicles of a certain size are subject to the federal government’s rules provided by the U.S. Department of Transportation under the Federal Motor Carrier Safety Act (FMCSA). Generally speaking, the vehicles must transport goods across state lines, or transport goods that have crossed state lines, and the vehicles must have a gross weight in excess of 10,001 pounds. The exact definitions can be found in the FMCSA. | A:Under California law, meal and rest break rules do not apply to truck drivers engaged in interstate transportation if they meet certain criteria. Specifically, these rules do not apply to drivers who are subject to the federal regulations set forth by the U.S. Department of Transportation under the Federal Motor Carrier Safety Act (FMCSA). To be exempt from California's meal and rest break requirements, the following conditions must be met: 1. Interstate Transportation: The drivers must be engaged in interstate transportation, meaning they are transporting goods across state lines or are transporting goods that have previously crossed state lines. 2. Vehicle Size: The vehicles they operate must have a gross weight exceeding 10,001 pounds, as defined by the FMCSA. It's important to note that these exemptions are based on federal regulations and do not depend on whether the goods being transported are imported or domestic. The key factors are the nature of the transportation (interstate) and the size of the vehicles. However, please keep in mind that while California's meal and rest break rules may not apply in these specific circumstances, other federal regulations regarding hours of service and rest breaks still apply to ensure the safety and well-being of truck drivers. Additionally, it's advisable to consult with a legal professional for specific guidance on your situation, as employment laws can be complex and subject to change. |
Q: How do I find a lawyer pro bono that will fight against dhs for my family and reunification. The laws are being broken!!. My boys were wrongfully removed... We got evicted and they were removed 2 months later! In November it will be a year this case open and we have tried to fight them and show them the proof that placement is lying and abusing our children! My babies want to come home.. my husband has done everything he needs to do for them to come home. I passed my hair stat and had 1 dirty ua and have since then not done anything because I told them I do not trust dhs and them saying they are keeping there word. My children were happy they laughed all the time and we're so spunky all the time... Now.. my middle son won't do anything with us during our visits.. and my oldest is being touched by my niece (placements daughter) and my baby.... Doesn't even know who we are.. my oldest daughter has had serious mental issues.! And well they are not being taken care and want to come home badly and the state just wants a pay out. | A:Most pro bono legal services are provided through local legal aid clinics. These clinics have the training and resources to screen potential clients for indigency and to complete the necessary paperwork for those clients to proceed in court in forms pauperis. Many legal aid clinics handle cases involving the state removing children from unfit parents. Your social worker may be able to provide you with specific references in or near the county where your case in pending. |
Q: Hey I’m one of the victims from this case is there anyway that I can see this case , how can I go about getting it open. I want to get this case published as me being one of the victims , I’m trying to see how I go about this situation . | A:What case are you trying to see? |
Q: Can insurance company deny to pay medical bills baed on reasonable and customary fees?. I got injured in an auto accident from other driver. His insurance company doesn't want to pay my entire medical bills only a portion of it. There reason is that they owe only reasonable and customary fees. They say that medical bills are unreasonable and "inflated." It seems like they only want to pay based on what is reasonable to them and want to me to pay the rest of the bills on my own. | A:Until you get a judgment against the at fault driver, his insurance company can refuse to pay you anything at all, so it is certainly entitled to dispute your medical expenses. It appears that you are attempting to handle a personal injury claim by yourself. The insurer is not taking you seriously because you pose no threat of successfully litigating your claims against the at fault driver. Before you do anything else, contact a personal injury attorney to discuss your claims. Studies show that persons with attorneys receive more net in their pocket, than unrepresented persons. |
Q: I want to protect my assets before a divorce by creating a trust. Should I have a trust before or after the divorce?. Is creating a trust the best option to protect my assets before a divorce in Utah? If yes, should I have my trust before or after the divorce? What options I have to minimize the loss of my assets in Utah? | A:If you are already married, the only way a Trust might help is if both of you sign an irrevocable trust, permanently giving up your asset. For example, the irrevocable trust could give the asset to your children. Once you both sign it, you no longer have control over the asset, so neither of you can claim the asset as your own. This approach will of course deprive you of the asset as well. If a couple comes to my office before marriage, they can sign a prenuptial agreement that will reserve specific assets as your own in case of divorce or death. Some of my clients have me prepare a revocable trust, with some provisions that become irrevocable upon your death. For example, in a second marriage, where you might have childen from a prior relationship, you might want a portion of the estate to go directly to those children. We can make the paragraph that gifts to the children permanent at your death, so surviving spouse cannot change it. Then when both spouses sign, it can only be changed later with the signature of both spouses. If the marriage began in another state, where they had community property, the status of the property - where perhaps you each owned your own house - can carry on into Utah and remain a separate status. |
Q: Can a repo person take your vehicle if your gate was closed?. A repo person opened up our gate (signs of no trespassing was visible), drove onto our property and towed our car off our property while we were home. No permission to come onto our property was given. | A:Under Hawaii law, a repo person generally cannot trespass onto private property or break into a locked gate to repossess a vehicle. Some key points: - Hawaii Revised Statutes §480-13 prohibits trespass by a repo agent to effectuate a repossession, except with express permission from the legal owner of the property. - Repo agents also cannot breach the peace, which could include cutting locks, opening closed gates, or entering a closed garage without permission. - If the gate was closed and your property had no trespassing signs posted, it appears the repo agent violated Hawaii law by entering without permission and removing your vehicle. - This may potentially subject the repossession company to civil liability for illegal repossession and trespass. You may want to consult a consumer protection or repossession defense attorney. - You could try contacting the lender to complain about the improper repossession and seek return of the vehicle. If that fails, filing a lawsuit is an option. - It's recommended to take photographs documenting the closed gate, no trespassing signs, and any damage that may have been caused during the illegal repossession. - If the repo agent entered your actual home without permission, you could also consider filing a police report for trespassing. In summary, under Hawaii law, a closed gate on private property with no trespassing signs should prevent legal repossession absent the owner's express consent. The repossessor opening the closed gate was likely prohibited. |
Q: Judge's at your appellate hearing were already in the court room prior to your hearing discussing case they laugh at me.. When I arrived to my appellate hearing the Respondent And His Attorney were already in the court room discussing the case then the Respondent walked out and the Bailiff came and called the case upon entry the female judge laughed at me and stuck her tongue out the male judge called the case and said submitted and submitted did not ask me anything rudely said to me I will get my answer in the mail this was supposed to be an oral argument during this the other Male judge walked out and left the court room upon leaving the Respondent friend followed me home honking his horn tailgating me well the judge used expired case law and ruled in the respondsnts favor then denied my request for rehearing all based on California Code Civil Procedure Section 1214 which has been over ruled and does not apply to leases only conveyances and real property. Leases are a promissory entitlement not any thing included in his denial is valid | A:In California, appellate courts are expected to maintain a high standard of professionalism and impartiality. If judges exhibited inappropriate behavior, such as laughing at a party or displaying a lack of respect, this could raise serious concerns about judicial misconduct and the fairness of the hearing. If you believe that the judges at your appellate hearing acted inappropriately or that they relied on outdated or inapplicable law in their decision, you have the option to pursue further legal action. This could include filing a motion for reconsideration in the appellate court or potentially seeking review by the California Supreme Court, although these options have strict procedural rules and timelines. Additionally, you can report concerns about judicial conduct to the California Commission on Judicial Performance, the state agency responsible for investigating complaints of judicial misconduct. It is important to document any instances of perceived misconduct or unfair treatment during the hearing. Given the complexity of appellate procedures and the seriousness of your concerns, it may be beneficial to seek legal advice. An attorney with experience in appellate law can provide guidance on the most appropriate course of action in your situation and help ensure that your rights are protected throughout the legal process. |
Q: I want to ask for clarification on how copyright works. Are quotes from people before 1923 also copyright free?. Quotes by genghis khan and Jane Austen to be specific. And does just changing the grammar of works in public domain, enough of change to grant copyright protection? | A:In general, works published before 1923 are in the public domain in the United States, which includes quotes from individuals such as Genghis Khan and Jane Austen. This means these quotes are not protected by copyright and can be used freely. However, the situation regarding altering works that are in the public domain is more nuanced. Simply changing the grammar or making minor edits to a public domain work does not usually grant new copyright protection. Copyright law typically requires a work to have a certain level of originality and creativity. Mere changes in grammar or minor edits might not meet this threshold. It's important to consider the extent and nature of the changes made. If the alterations are substantial and contribute new expression, interpretation, or form, then the new work might be eligible for copyright protection. This could include, for example, a new analysis or adaptation of a public domain work. |
Q: When a surgeon makes a mistake during surgery would this fall under a malpractice or negligence?. When a person marks the agreement box when signing before surgery and the surgeon makes a mistake does marking the agreement box cause the patient to lose their right to file a claim? | A:When a surgeon makes a mistake during surgery, it could fall under both medical malpractice and negligence. Medical malpractice is a specific type of negligence that occurs when a healthcare provider deviates from the standard of care and causes harm to a patient. Negligence, on the other hand, is a broader term that encompasses any act or omission that causes harm to another person due to a failure to exercise reasonable care. In the context of surgery, the standard of care is the level of care that would be exercised by a reasonably competent and skilled surgeon under similar circumstances. If a surgeon falls below this standard of care and causes harm to a patient, then the patient may have a valid medical malpractice claim. Signing a surgical consent form does not automatically absolve the surgeon of liability for medical malpractice. The consent form simply acknowledges that the patient has been informed of the risks of the surgery and has agreed to proceed with the procedure. However, the surgeon still has a duty to provide the patient with the standard of care, and if they fail to do so, they may still be liable for medical malpractice. |
Q: If there is a will & trust with money for estate, shouldn't the executor use that money instead of his own creditcards??. Executor of my mom's trust, which I am beneficiary to, has been using his credit cards for expenses. And detailing and charging the trust all the interest charges being accrued. Can I somehow dispute these charges and get back into the trust?? | A:Under California law, the executor of a trust is expected to manage the trust's assets responsibly and in the best interest of the beneficiaries. Ideally, the executor should use the trust's funds for expenses, rather than personal credit cards. If the executor is using personal credit for trust expenses and charging interest to the trust, this raises questions about the management of the trust. As a beneficiary, you have the right to request an accounting of the trust's expenses and actions taken by the executor. This can help you understand how the trust's funds are being used and whether the charges made by the executor are appropriate. If you find that the executor's actions are not in the best interest of the trust or the beneficiaries, you may have grounds to dispute these charges. It would be advisable to consult with a lawyer who has experience in trust and estate law. They can guide you on how to proceed, potentially including how to challenge the executor's actions and seek reimbursement for any improper charges to the trust. It's important to act promptly and seek professional advice to ensure that the trust is being managed properly and your rights as a beneficiary are protected. |
Q: Hi my son was born premature and when he was born he had and still has zero 0 vision in his left eye and 40% in his righ. Right eye now he still has zero left and 60% in his right. He is going to be 25 yrs old now on Dec. 30. I have been applying for disability for him since he was 6 yrs old and still being denied stating he is not blind enough to receive disability benefits. | A:In your situation, understanding the criteria for disability benefits is crucial. The Social Security Administration (SSA) in the United States defines blindness as having a visual acuity of 20/200 or less in the better eye with the best possible correction, or a visual field limitation in the better eye to an angle of 20 degrees or less. However, it's important to note that eligibility for benefits also considers how the impairment affects the ability to work or perform daily activities. Since your son's case has been denied multiple times, it may be beneficial to review the specific reasons for these denials. It's possible that the SSA does not see his vision impairment as significantly limiting his capacity to work. This is a common challenge many face when applying for disability benefits. In your next steps, gathering comprehensive medical documentation and possibly obtaining additional medical opinions might strengthen the case. It's also worth considering if there are other health issues or impairments that, in combination with his vision problems, could meet the disability criteria. Lastly, seeking advice from a lawyer experienced in disability law can be immensely helpful. They can offer guidance on the appeals process, help in gathering and presenting evidence, and provide representation if the case goes to a hearing. Remember, persistence is key in these matters, and having the right support can make a significant difference. |
Q: Failure to protect against bullying.. My daughter was suspended pending expulsion after repeated complaints of bullying & the group of 10 kids finally attacked her & caused bodily harm. | A:In Nevada, schools are expected to ensure a safe environment for students and address bullying issues. They must have clear rules against bullying and set up teams to handle such situations. Although the law doesn't directly say schools can be held responsible for bullying incidents, there have been cases where schools were held accountable under broader laws like Title IX when they didn't address harassment between students. So, while the specific Nevada bullying laws don't outline school liability, there's still a possibility for schools to be held responsible based on other laws or past legal decisions. |
Q: Hello Chad flooring installed in my home. The contractor installed the floors wrong twice.. I did not pay after the second install because the floors are still uneven, wavy and buckling income areas. I reached out to them again and they said the floors will have to be reinstalled. I was just told my account will go into collections if I don't pay them. I wrote to them twice for a copy of my contact but have not received a reply. Do I have any options? | A:You have posted your question in Arbitration so I assume you have some basis for believing that there is an agreement to arbitrate in the contract. Go to the Chad site and see what it provides regarding disputes. Perhaps it provides for arbitration. They are required to provide you with a copy of the contract so go back to when you hired them. Was there an email? Check it. It may have a link to a contract. If you cannot find the contract, perhaps you should hire an attorney to demand the contract from the Corporation. If you receive nothing, you can still commence an arbitration to smoke them out. If they fail to move to stay the Arbitration they may be held to have agreed to participate by answering your Demand for Arbitration. All you need to do to start an Arbitration is to serve a Demand with your claims, including attorneys' fees and Arbitration Fees. |
Q: What do I need to file along with Respondents original answerMotion to compel mediation. Is there some type of respondents counter offer type form | A:You can file a simple Motion to Compel Mediation. In most counties throughout Texas, family law courts will enter a mediation order sua sponte without a specific request from either party because mediation is proven to be a very effective way to resolve family law disputes. I wouldn't fret over particular language. Just say Respondent requests that the Court order the parties to participate in non-binding mediation with a mediator of the Court's choice within a reasonable time. |
Q: How do I become an exchange student without the other exchange student living at our house?. My father does not want an exchange student living in our current house. | A:Becoming an exchange student without hosting one in return is definitely possible. Typically, exchange programs involve a reciprocal arrangement where families host each other's children. However, some programs offer alternatives where this is not required. First, research different exchange programs. Look for those that offer a "one-way" exchange or programs that don't require you to host a student in return. These programs might have different financial arrangements, given the lack of reciprocity. Next, consider the financial implications. Programs that don't require hosting often have higher fees, as they need to find accommodation for you without the reciprocal hosting arrangement. Budgeting for this is important. Also, speak with your school's guidance counselor or international studies office. They can provide information on available programs and offer advice on how to proceed based on your specific circumstances. Lastly, be prepared for a different experience. Hosting an exchange student can enrich the exchange experience, but going solo can still offer a valuable and enriching cultural and educational opportunity. It’s all about making the most of the experience you choose. |
Q: Ssi overpayment. I was my nephew's representative payee for his SSI. SSA started withholding money from my disability check due to overpayment they said my nephew had. I asked for waiver and they approved it, but they didn't reimburse me money they'd taken out of my check for 5 months. Can they do that?? | A:If the Social Security Administration (SSA) approved your waiver for your nephew's SSI overpayment but did not reimburse the money they had already withheld from your disability check, it's important to address this issue directly with them. Typically, when a waiver is granted, it should include the cessation of any ongoing overpayment recovery and potentially the refund of amounts already collected. You should contact the SSA immediately to clarify this situation. Provide them with all relevant details, including the dates and amounts of the deductions, and the details of the waiver approval. It's crucial to have clear, written communication for record-keeping. If you're not satisfied with their response or if the issue is not resolved, consider seeking assistance from a lawyer who has experience dealing with Social Security issues. They can help you navigate the process and ensure that your rights are protected. Keep in mind that dealing with the SSA can sometimes be a lengthy and complex process. Persistence and clear communication are key to resolving issues like this. Remember, you have the right to fair treatment and the resolution of errors in your dealings with government agencies. |
Q: How do I file an invasion of privacy motion in a civil family law case?. My sons father held my phone hostage while I was in the Emergency Room and went through my phone, without my consent through years of texts, social media and personal data. Sent himself the private communication, then contacted family relatives with false accusations and shared these images retrieved illegally from my device causing undue emotional distress to family. A judge ordered him to only communicate with me through a monitored parenting app, and he was sent a No Contact letter from these family members previously, in which he also violated by reaching back out with allegations and sharing my private texts, images and personal data retrieved from my phone, without my consent. We currently have a closed paternity DR case. Can I file a motion within that civil case for this invasion of privacy, or do I need to file within a different Court? We are located in Florida. | A:In Florida, the situation you're describing concerning the invasion of privacy by your son's father is serious. To address this within the legal system, there are a couple of steps you can take. Firstly, you can consider filing a motion in your existing family law case, particularly if the invasion of privacy is relevant to the issues in that case, such as parenting responsibilities. This motion can address the unauthorized access to your phone and the sharing of your private data. However, since the invasion of privacy is a separate issue from the typical matters addressed in family law, you might also consider filing a separate civil lawsuit. This would be a distinct legal action focused specifically on the invasion of privacy, unauthorized access to your personal information, and any resulting damages or distress. It's important to document all instances of this invasion of privacy, including any evidence of him accessing your phone, the messages he sent, and the impact these actions have had on you and your family. Consulting with an attorney who has experience in both family law and civil litigation would be beneficial. They can provide guidance on whether to file within the existing case or to start a separate lawsuit, and help you navigate the legal process. Remember, your privacy rights are important, and the legal system can provide avenues to protect these rights and seek redress for violations. Taking legal action can also help prevent further unauthorized access and sharing of your personal information. |
Q: What forms can I file for situation we’re the suspended broker and private lender have slandered title and retaliated. Complex the have combined law suit that the judge did not approve because it addresses the same property | A:In California, if you're dealing with a situation where a suspended broker and a private lender have slandered the title and retaliated, there are several legal forms and actions you might consider. Firstly, for addressing slander of title, filing a civil lawsuit for defamation might be appropriate. This would involve proving that false statements were made against the property's title, causing financial harm. For retaliation, particularly if it's in response to lawful actions you've taken, a complaint for retaliation could be filed. This would require showing that the retaliatory actions were a direct response to your protected activities and caused harm. Additionally, if the suspended broker's actions are in violation of their professional conduct, filing a complaint with the California Department of Real Estate could be a step to consider. This can address the broker's professional misconduct. In terms of the combined lawsuit that was not approved by the judge, it may be necessary to refile the claims as separate actions, ensuring that each suit independently addresses specific legal issues related to the property. Remember, each legal situation is unique and seeking advice from a peer in the legal field who can provide insights specific to your case would be beneficial. They can assist in determining the most appropriate forms and legal strategies based on the specifics of your situation. |
Q: What are my rights if my mom passed away due to Skilled Nursing Facility Neglect?. They failed to offer her a new P.O.L.S.T. form upon admission after her Hernia surgery. This form would have given her the option to be resuscitated. She was found unresponsive, and they did not resuscitate her. Spoke to director who admitted that they made a mistake about not having her complete the form upon admission. I'll never know if my mom would still be here or not had they at least tried. | A:You have a right to sue for Wrongful Death / Elder Abuse. You will need an Elder Abuse attorney to pursue the claim for full value. |
Q: hello am from Kenya seeking to have a U.S green card. how do i get chosen for a U.S green card | A:This is something that an immigration attorney could advise best on. But your question remained open for a week, probably because it was posted under the general "Uncategorized" heading. You could try reposting and adding "Immigration Law." Good luck |
Q: Someone has applied to get the Trademark & USPTO of a Mark Drawing I designed for a pro deck & did not ask for permissio. I haven´t been called nor asked to give my permission to patent it. I can proof I did the deck myself, there is the digital print & email sent w deck to the person for whom I did the job. This person has taken the type & style I used in the design & wants to be the owner of it when it´s not her but me who did it. The goods/services she sells are the Name / Letters / Words I used on the Deck but the design of the sentence or name as written & asked for getting the patent are my idea not hers. What can I do? Do I have any right? I chose a rare type to achieve an elegant pro deck to work with the media & institutions worldwide, & now this lady, without my permission has asked to get the trademark & patent on her project using the name of her project as I designed it. Please, advice. I haven´t been asked for authorization. I can show I am the designer of the drawing & also prove this lady has given wrong info. I can prove she has lied & provide with detailed information. SerNum: 98190639 | A:The trademark application you cite is for the text FROM HER TO ETERNITY, without any graphic element or stylized font, so whatever you designed is not at issue in the trademark registration. If the design you created is being used on merchandise or related materials such as advertising, then you may have a copyright claim unless it was a "work for hire" and that depends on the terms and circumstances in which you were retained and paid. Consult an experienced copyright attorney to evaluate the strength of your claim. |
Q: I will be receiving a settlement for a suit I filed for wrongful death of my father. It was product liability. I am the. Only heir, my dad died 6 yrs ago with a will naming me sole beneficiary. They have already run complete lien checks to be sure nothing is owed to anyone. I’m going to be receiving a settlement check but they want to put check to the estate of. I called bank and they are telling me I would have to open an estate bank account, which in itself is a process. I just don’t understand after 6 yrs why I would be forced to do that. The info I’m reading about estate accounts look more for an executor of an estate to need, not the sole beneficiary and only child with a valid will. I want to know if the lawyer can’ put the check in my name seeing as I filed the lawsuit. Every person including attorney claims it won’t be taxable because of the type of settlement it is, personal injury.He is a difficult lawyer.There isn’t any punitive damages awarded as I’m told that may have been taxable. Then second even if it could possibly be taxable wouldn’t that be my responsibility to handle that with IRS. | A:Show your lawyer the will, in which you are named sole beneficiary. Then emphasize that the money is going to end up with you anyway, and that going thru the estate process (filing with the Probate court, advertising your appt. as executor, etc) will be a worthless (and needlessly expensive) endeavor. And implore him to make the check payable to you. I literally just had the same situation arise and did for the client what you are seeking. Good luck, PB |
Q: I need an Attorney to call the Fulton County Sheriff's dept to see if there's Felony Warrants coming from Escambia Fl.. 11/19/2023 Hello. I have a group of Africans that stole my identity claiming they own me. They forged fraudulent paperwork claiming they're married to me,claiming they're my financial responsibility. Claiming they own me. I found out they all served 20 years at Century Correctional Institution Escambia Fla , they've failed to report to their parole officers. I need an Attorney to call Fulton County Sheriff dept to see if any warrants are coming out of Escambia County Sheriff Dept for their arrest ! These people are making money off me since 7/2022, I have DeKalb County Police case #'s , they aren't doing anything, these people have tried Attempted Murder on me !; | A:You need to telephone criminal defense attorneys in your locale. You can search for qualified attorneys on this website b |
Q: in my history class we are doing a assignment about Christianity in the Middle Ages sep of school and state. does it count under separation of church and state | A:Not unless the teacher is proselytizing that a particular church is the ONLY true religion. Teaching history without talking about the broad influence of religion on the spread of political, scientific, and sociological thought would not be very effective. How does one teach the history of Europe and the Near East without talking about the crusades for example? Pay attention to your teacher, perhaps you will learn something. |
Q: Can I file for Temporary parenting time orders until the final judgement is decided? I'm the petitioner and father.. I filed a petition for parenting time and child support for my daughter who is 2. Her mother was extremely bitter after we separated. Its been a year this month, and I have consistently seen my daughter and have paid her child support each month consistently. I began dating someone this last June, and she now is becoming super difficult to coparent with. She at first required that we spend time with our daughter together, now she requires that she is present for all the parenting time until she thinks we have a "bond", and hovers over me when i spend time with her. I am not a criminal, no history of substance abuse, I work as a Journeyman Operator on powerlines and have owned my current home for over 7 years. I have full custody of my first son who is 14 and every other weekend with my daughter who is 8. Can I request temp orders until this is figured out? Can she mandate these supervised visits done by her? | A:You can ask the court for interim custody, child support and parenting time. You don't say which county you are in or how long ago you filed your Petition. You might call the family law docketing clerk and ask when you will get a trial or when you might get a hearing on temporary custody. It may or may not make sense to move forward with a hearing for temporary custody/support just based on the calendar. |
Q: Got a car from a "buy here pay here" lot. Made payments on time, but now after a year they keep texting me sayin Im late. I got a car for my son November 2022. All payments have been made, on time. But starting in December 2023, they keep contacting me saying I'm behind and and contacting me saying "if I need help making payments I can send a friend in and if they buy a car I will get $200.00". Is this not wrong? I mean, I've made every payment, on time, and for them to start really harassing me, making it out like they are going to take the car, seems wrong. One of their texts said, "we noticed that your behind on your payments, your balance needs to be paid by 5pm today". I mean we are already getting ripped off by them, but being harassed like this too??? | A:Take proof of all of your on time payments to them and speak to them about this. To cover yourself, you could mail in the proof with a letter complaining about the situation and asking them to stop the unjustified messages (get a tracking number and pproof of delivery). The "help making payments" is just a sales pitch, you need to tell them you only consent to communications about this particular loan. If you don't want text messages you should be able to "opt out" of them and choose a phone call or an email instead. You don't have any claims that rise to the level of harrassment just yet. I noticed you are posting from Virginia, my suggestions only apply if the dealer is located in North Carolina. If the dealer is located in Virginia then re-post the question with the city and state where the dealer is located. |
Q: Company installed solar panels 2/2023 as of today 9/13/23 it is not generating power no PTO. Do I have a case?. Permit/inspection by City of West Sacramento had a few non compliant items the contractor has failed to correct. In addition, they failed to complete form correctly to obtain Permission to Operate with PG&E utility company. To date the panels have been sitting on my roof not generating any power, yet the loan Company is billing us for a non-operable equipment/system charging late fees and reporting to collections. The company is using a non affiliated company name per CSLB. I have a claim with the State Contractors License Board and Dept of Financial Protection and complaint with BBB. I am being billed by the loan company for $59k which is more than what was offered and also approx. $400 each month by PG&E. I cannot afford attorney fees- what recourse are there for consumers? | A:I'm sorry to hear about your troubling situation. In California, consumers in your position have several avenues for recourse including continuing to pursue the complaints filed with the State Contractors License Board and the Better Business Bureau. Moreover, considering reaching out to the California Department of Consumer Affairs and potentially exploring small claims court to seek resolution, bearing in mind that the limitation in small claims court is $10,000 for individuals; also, note that it might be beneficial to communicate with a consumer protection attorney for a consultation, as many offer contingency fee arrangements or free initial consultations to assess the merits of your case. |
Q: What has to be specific legal basis to confront Defendant's motion to strike based on failure to join a party (rule 19). EMTALA complaint against hospital has additional claim for CMIA violation. Plaintiff medical information was disclosed to hospice (with non-existent terminal illness). What has to be specific legal basis for Plaintiff to confront Defendant's motion to strike based on failure to join a party (hospice) - rule 19? Apparently legal action against hospice would not be limited only to CMIA violation, adding hospice as defendant at this point would deprive Plaintiff's rights. Can Cmia violation claim be stricken from complaint without impact to original EMTALA claim? | A:To confront a defendant's motion to strike based on Rule 19's failure to join a necessary party, the specific legal basis can be rooted in the independence of claims and the rights of the plaintiff. First, argue that the EMTALA (Emergency Medical Treatment and Labor Act) claim against the hospital is independent of the CMIA (California Medical Information Act) claim. This separation is crucial because the EMTALA claim focuses on the hospital's obligations, while the CMIA claim involves the disclosure of medical information, potentially by different entities. Next, emphasize that adding the hospice as a defendant for the CMIA claim at this stage could lead to unnecessary complications. This addition might not only delay the proceedings but could also distract from the primary focus of the EMTALA claim. Stress that your legal action against the hospice would likely encompass more than the CMIA violation, making it more efficient to address it in a separate case. Furthermore, assert that the CMIA violation claim can be stricken from the current complaint without impacting the original EMTALA claim. The grounds for the EMTALA claim remain intact and valid, independent of the CMIA violation. In your opposition to the motion, it's important to clarify why the claims can and should be handled separately to protect your rights and to ensure a fair and efficient judicial process. Highlighting these points will help in opposing the motion to strike and in maintaining the focus on the EMTALA claim. |
Q: I have native American blood but no Indian card is there a dna test I can take to show in court to have a state charge. Dismissed due to mcgirt ruling in Oklahoma? I've been trying to get indian card but it's a process my great great grandmother is full blood Cherokee but she passed away years ago so it's hard to get death certificate. How can I get her death certificate? | A:If you have an attorney, your attorney can assist you in this. If you don't have one, you need one. Death Certificates are somewhat difficult to obtain unless you fall within the list of individuals to whom it can be released. The State Department of Health - Office of Vital Statistics is the state agency in Oklahoma that maintains Oklahoma Death Certificates. |
Q: I changed my IRA over to precious metals. I invested $21,000 into silver coins at $73 when market was $27. What is wrong. I was dumb on this and thought I was doing good. At 287 1 oz. silver coins for $21,000 puts the coin at $73.00 per 1 oz coins. What can I do? | A:In Texas, as in many states, deceptive trade practices can be actionable. If you believe that you were misled or deceived when making this purchase, you may have grounds to take legal action under the Texas Deceptive Trade Practices Act (DTPA). For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: Is it a violation of custody order if one parent purposely excludes the other parents info on therapy info forms?. Custody order states: BOTH parents share joint legal custody, one parent has residential custody. BOTH parties are entitled to access to the child’s medical, educational records and information, both parties are able to attend any medical/educational/religious/extra curricular activities for the child… “this court order serves as authorization of such access”. I have petitioned the court for modification, the foundation of the issues is unilateral decisions from the other parent, inability to coparent or communicate at a minimum degree, monitors my child’s phone calls w/me-limits them to a few min or not at all, interferes w/my parenting time. has told the school/doctor and therapist that they are the sole legal guardian. I have provided the custody order as proof bc the other parent has also omitted that from the child’s records and I’m getting a lot of resistance to be able to be involved in my child’s life. High conflict situation, and what feels like extreme parental alienation. | A:This is a direct violation of the Support order. The seminal case Braiman v Braiman suggests Joint custody cannot lie where the parties cannot share joint decision making such doctors therapy mental health decisions . Her behavior can be grounds for exchange of custody. It’s clear she refuses to co-parent. Consult a good family lawyer with custody experience. You have many facts flowing in your favor . Michael J Stachowski |
Q: If I paid a contractor a deposit for a kitchen remodel and he used my deposit to fund other projects do I have recourse?. It has come to light that over a month after the deposit was paid, the contractor has dispersed none of the funds provided to him by us toward our project. No work has been done and no materials acquired. The contract was signed July 16th of 2023 and contract stated work would be completed by August 20th 2023. | A:You do need to contact an attorney. Depending on the circumstances, in many circumstances, the initial deposit needs to be held in a trust account and failure to properly account for the deposit can be theft. Further, it could also be a fraud and/or breach of contract issue. Regardless, you should not sit on your hands. You need to talk to an attorney to determine if you need to fire the current contractor, demand payment, and pursue damages. Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney. |
Q: Federal filing question. Address reduction.. Fed. Rule Civ. P. 3 5.2 and L. R. 5.2.1 of Central District court have wording: address 'should be' reducted to City and State. 'Should' means recommendation, not mandatory requirement? Can filing be rejected if initial filing has full address? I am plaintiff in Pro Per who files documents through EDSS system designed to be equivalent to filing by mail (which implies providing mailing address) | A:In the context of Federal Rule of Civil Procedure 5.2 and Local Rule 5.2.1 of the Central District Court, the term "should" generally implies a strong recommendation rather than a mandatory requirement. However, this does not mean that it can be disregarded without consideration. The purpose of these rules is often to protect personal information by limiting the amount of detail provided in publicly accessible documents. Redacting addresses to only include the city and state is intended to strike a balance between necessary disclosure and privacy. If your initial filing includes a full address, it is unlikely to be outright rejected based solely on this detail. However, the court may request that you amend the document to comply with the recommended redaction guidelines. It's important to adhere as closely as possible to these guidelines to avoid any potential issues. In your role as a pro per litigant, you're held to the same standards as attorneys in terms of following court rules and procedures. If you have concerns about the requirement for a mailing address, especially when filing electronically, you might consider contacting the clerk's office for guidance. They can provide specific instructions tailored to the electronic document submission system (EDSS) and clarify any nuances related to your situation. Remember, maintaining compliance with court rules is crucial for the smooth progress of your case. |
Q: I'm creating a letter of intent to sue for malpractice. Is there a lawyer available who could read it?. I just need a lawyer to go over it and provide feedback pro-bono or low cost? | A:In California, you may seek assistance from legal aid organizations or pro-bono clinics that offer services to individuals preparing legal documents. The State Bar of California provides resources for finding such assistance. Additionally, local bar associations often have referral programs that can connect you with attorneys willing to review documents at a reduced cost or pro-bono for qualifying individuals. Law schools might also have clinics where law students, supervised by licensed attorneys, provide legal services for free or for a nominal fee. It's advisable to contact these resources directly to inquire about availability and eligibility for their services. Remember to provide them with all relevant information to ensure a thorough review of your letter of intent to sue for medical malpractice. |
Q: An executor did not submit the paperwork prior to the deadline. Can this person be sued for reimbursement of fees paid?. The executor did not file will/paperwork via probate courts however used deceased assets for personal use. An attorney was obtained and a judge signed papers releasing the home to the heirs. The executor is NOT included to be partial owner. The desire is to recoup the funds, attorney and court cost, spent. Is this possible? And the process. | A:It depends upon the facts and circumstances of your particular situation whether you can successfully recover such expenses. While an executor named in a will has standing to file a proceeding to probate a will, there is no legal obligation on the executor to do so. An executor can decline to serve in that capacity. An heir of the decedent or a creditor of the decedent can also file a proceeding to probate a decedent's estate. In either case, the attorney fees and court costs for the probate proceeding can and should be paid out of the decedent's estate. Therefore, recouping those from an executor who has elected not to serve or to file a probate proceeding is highly unlikely to be successful. On the other hand, if the person named as executor in a will, or really anyone, is not an heir of the decedent and used assets of the decedent for personal use, the personal representative of the decedent's estate or the decedent's heirs may sue that person. How much they may be able to recover depends on the nature of the asset and the appropriate measure of damages for its unlawful use. If it was a residence or automobile, the traditional measure of damages for use is the fair rental value of the home or vehicle. |
Q: Dear Sir or Madam, My private messages from Facebook were stolen to make entertainment media. What can I sue them for?. I have proof that the entertainment media in question is about me. I have been victim of emotional distress. Where due to leaking of my private information, I have been divorced, & i have gotten mentally ill. I was studying Electrical Engineering with minors in Chemistry, I had to drop out of it because of the mental stress the entertainment media put me through. | A:Here are the potential legal avenues you might explore: 1. What can I sue them for if my private messages from Facebook were stolen to make entertainment media? Under California law, you might consider pursuing a case for invasion of privacy, intentional infliction of emotional distress, and potentially a violation of the California Consumer Privacy Act (CCPA) if your private information was improperly handled. 2. How can I prove that the entertainment media in question is about me? To prove that the entertainment media is about you, gather all relevant evidence including the media itself, any communications you had with the involved parties, and any distinctive elements in the media that can be directly linked to your private messages or your personal life. 3. Can I claim damages for emotional distress, divorce, and mental illness due to the leakage of my private information? Yes, you may pursue damages for emotional distress and any other demonstrable harms you suffered as a result of the privacy invasion. Be prepared to provide substantial evidence linking the harms you suffered to the actions of the defendants. 4. Can I claim loss of opportunity for having to drop out of my educational program? Yes, you might pursue a claim for loss of opportunity. However, establishing a direct causal link between the alleged action and your decision to drop out will be a critical component in succeeding with such a claim. 5. What kind of legal assistance should I seek as a Californian attorney facing this situation? In facing this situation, you should seek assistance from an attorney who has experience with privacy law, media law, and personal injury to adequately address the multi-faceted nature of your case. Remember to gather all pertinent evidence and consult with a legal expert to navigate your specific circumstances properly. |
Q: Please help!! How can i get my structed settlement money turn over to me?. I am 35 year old and i just found out my mother have been secretly using my settlement money since I was 7 year old. This settlement money was rewarded to me when I was a minor due to medical malpractice. My mother told me that I need to stay quiet about it and you still under guardianship. So I called courthouse they told me I am not under guardianship and called insurance company that payout the money they say my mother still a guardian. I am confused what should I do? | A:If you had a medical malpractice case as a minor which settled, the proceeds would likely have been deposited in a bank account which would have been jointly held in trust by your guardian (your mother) and an officer of the bank. Significantly, any such monies should have been off-limits to your mother absent a further order of the Court (which would have approved the original settlement). The monies would probably have become available to you once you turned 18 and presented proof of age and identity. Speak with the clerk of the court and get a copy of what's known as an Infant Compromise Order (ICO). Given the age of your case, it's probably in archives and will take some time to retrieve. The Order will set forth the settlement amount, what was supposed to happen to the proceeds and the conditions under which funds could be withdrawn. If your mother improperly withdrew funds, you might have a case against her or perhaps even the bank if it violated the terms of the ICO. |
Q: Am I qualified to receive somee kind of money for being incarcerated for 8 months until my charge was dismissed?. Who would I be wanting to sue in that specific case? | A:Florida does have a wrongful incarceration that provides compensation up to $50,000 per year to wrongfully incarcerated individuals. You should discuss the facts of your case with an attorney here in Florida about how to apply. |
Q: My jobs time system requires us to clock out, and then approve our time. Would this be considered working off the clock?. I am working on a government contract in Kentucky. I work on the computer to perform my work and they use a time keeping system that requires us to clock in and out daily, as well as clock in and out for our two 15 minute breaks and 30 minute lunch. At the end of the night when we clock out we have to ensure accuracy of these punches and manually put a check mark next to them. This takes about a minute each night. My problem is that they ask us to do this after we clock out for the night. I have brought up to my supervisor that I do not like it because it’s essentially doing something off the clock for my job and I want to be paid for my time. We get in trouble if these punches are not approved daily when we clock out. I have an email from my supervisor telling me this needs to be done off the clock. What can I do about this? | A:You should contact a Kentucky employment attorney to discuss your situation in further detail, because whether off-the-clock work is compensable is a very fact-specific analysis. In addition, federal law generally requires breaks of 20 minutes or less to be paid. If you are required to clock in and out for your 15-minute breaks, you should also discuss this with a Kentucky employment attorney. |
Q: I got lip fillers a week ago and above my top lip is sticking out like a duck the place is refuses to fix it for me. I got juvederm lip fillers last week and the top lip where I believe is called the vermillion border almost on top of the pink color of the lip is all raised out and I look like I have a duck top lip almost. There are lumps also under the lip as well and the bottom lip also has a purplish color on the bottom and the line of the bottom lip looks very strange the pink color isn’t even anymore around the rim of the lip it looks snugged down in some places and looks elevated and like it’s chapped and also has dark spots and a purple blue color around the bottom of it also since got them done there. The place is not willing to fix it and I look terrible. I haven’t been able to go to work for days or even eat or sleep all I do is cry it is also very uncomfortable and hurts. I’ve gotten lip fillers before and I never experienced even swelling more than a day. I dnt know what to do because I dont have money to go somewhere else to have it fixed is there anything I can do? | A:Plastic surgeons will often provide a consultation to evaluate what went wrong and what, if anything can be done to fix the problem. See a doctor to learn if the the lip filing procedure did something wrong; a bad result is not enough for a malpractice case. |
Q: Can I sue my building if my room keeps flooding since I moved in. I live in a single room occupancy its very unhealthy for me I was also going thru an domestic violence and when I asked repeatedly to move and even contacted victims of violent crime and the women's against violent acts the building management pretended to move me to another unit in the building which to me made no sense I requested numerous times to be moved out the building. Not only that I was without a way into my building because the clerks are never there my key card stopped working so I replaced there lock with a lock I can access, sewage was coming out of my drain cockroaches feces for minutes at a time creating this nasty smell in my room destroying my belongings the carpet i bought to cover the eaten up carpet and wood I had to dispose off alot of my dishes because feces got on them on my sponges there is kitchen no bathroom in my room just a sink and I am forced to use it as a multi facility there is a kitchen in. The basement there are two bathrooms in the halls but half | A:more info is needed. clearly, this facility is not up to code. you have an inherent promise of habitability when you move somewhere. you can go to small claims; report to state and city etc |
Q: My attorney did our deeds incorrectly, how can this be fixed without having to sign again?. One of the original signing tenants are not available to sign. | A:It depends on what the error is. Deeds have particular, strict, requirements. |
Q: The property is in my name and my mom has life use what are my rights with the property. she pays the bills and taxes. i tried going mudding in the woods and brought some friends she flipped out because i was disrespectful. she banned my friends from coming over so i wanna know if she had the right to do that | A:Without searching the title, I assume you have the remainder and Mother the life estate. If so your estate does not vest in possession until her death. You cannot enjoy the property until then. If she damages the property, you might sue her for damages/waste. Usually the life tenant pays insurance, note and taxes, but you lose also if they go unpaid. |
Q: What paperwork is need to stop a landlord from removing or selling property of a restrained person prior to court date. Does the landlord have the right to rent the room of a restrained person prior to the restraining order court date | A:Under California law, if a person is subject to a restraining order and is unable to access their rented property, certain legal protections apply. The landlord generally does not have the right to remove or sell the tenant's belongings before the court date. To prevent this, you may need to file an emergency motion with the court, seeking a temporary order to protect the tenant's property. This motion should clearly state the circumstances and request the court's intervention to prevent the landlord from disposing of the property. Regarding the right of a landlord to rent out the room of a restrained person prior to the court date, it typically depends on the terms of the lease and the specific circumstances of the restraining order. If the lease is still valid and the tenant has not violated its terms, the landlord may not have the right to re-rent the room. However, if the tenant is unable to fulfill their obligations under the lease due to the restraining order, the landlord might have grounds to re-rent the space. It's advisable to review the lease agreement and consult with an attorney to understand the specific legal options and obligations in this scenario. |
Q: Can my employer terminate me over a arrest that was granted a judicial diversion?. I was arrested in non working hours. I did not plea guilty or no contest. I am required to do community service during the 6 month judicial diversion program. After my case will get dismissed and the arrest erased from my record. My employer told me they have to terminate employment because of getting referred into a diversion program. Is this considered discrimination since they are taking it as a conviction or a guilty plea. | A:In California, employment is generally at-will, meaning either the employer or employee can terminate the employment relationship at any time for any lawful reason. However, there are exceptions where termination might be considered unlawful, such as discrimination based on a protected class or violation of public policy. While an arrest record itself is not a protected class, California law restricts employers from considering certain types of arrest records that did not lead to a conviction when making employment decisions. In your case, as the judicial diversion program leads to dismissal of charges and erasure of the arrest record, it's not equivalent to a conviction or a guilty plea. If your employer is treating the diversion program as a conviction, it could potentially be argued that they are making an employment decision based on an improper consideration of an arrest record. However, the specific circumstances of your arrest and the nature of your job might also be relevant factors. It is advisable to consult with an attorney who can provide guidance based on the details of your situation. Legal action may be possible if you believe your termination was unlawful. |
Q: I need to remove a trustee that has used the trust for her own personal gain. In fact she made changes to the original.. The changes were made while the successor was in declining health and could no longer care for herself. The trustee became the trustee after the successor died. The trust lawyer gave the trustee rules to follow and as such, the trustee violated those rules. The trustee is also a beneficiary and took over the other beneficiary's part of the trust. This trustee had hired her own broker, fired the trust lawyer and hired her own because the other beneficiary had evidence of the trustee violating the trust. How can the beneficiary proceed to remove the trustee as the beneficiary does not live in the state the crime was committed? | A:File an action in court to remove the trustee. Look at the wording in the trust. Does it say that the "situs" of the trust is in a certain state? If so, file the action in that state. The wording of the trust may also specify in which state a trust action must be filed. If that language is in there, file in that state. |
Q: In a wrongfully death case do we have to include my son's daughter who he signed off of her after she was born .??. Is she still entitled to get social security ?? She has never been adopted she was raised by her mother my son's x girl friend | A:If your son legally relinquished his paternal rights to the child, her rights were terminated. You are represented by Indiana counsel in your wrongful death suit concerning your son. This is a question for your attorney. Your attorney may think it best to provide the information to the Court that he had a biological daughter but relinquished his paternal rights. If your son had a legal spouse and/or biological children who were acknowledged, those individuals must be noticed. If your son died at a time when he was not legally married and without any legal issue, his surviving siblings and surviving parents must be notified as they would be the beneficiaries. You are paying your attorney between 33% and 40% of your recovery. It is silly for you to ask these questions in an online forum when you already paid a qualified attorney who has access to all the information necessary to give you accurate answers. |
Q: Offering our online-based game in Russia - are there sanction implications?. We (a US-based entity) have an online-based game and were approached by an entity in Russia that wants to license the game from us to expand that game into their territory. Are there current sanctions that would prevent us from offering our game to people in Russia? Please note that the game is online only. There is no downloaded software - it is played by accessing a website. The licensor in Russia would handle all payments on their end and remit payment to us monthly as Chinese Yuan. The game in question is https://streetmobster.com/ | A:It is advisable to divide your question into 2 parts. The first part concerns compliance with US legislation regarding sanctions against Russian legal entities and individuals. The second part of the question is related to the retaliatory sanctions of the Russian authorities against American companies. For legitimate work, you need to fulfill the requirements of both States. To answer your question, you will need to provide information about your company and your Russian partners. |
Q: Hello, I had a question. I got molested by my teacher when I was about 9 years old. In Los Angeles CA.. I went to court but the case was dropped because it "wasn't in the benefit of the children" according to reports. I still remember court the question the faces. My parents were brainwashed not to proceed any further by the school. I've gathered information I've been able to find on my own online, and relive the moment over and over everyday in my head day and night. I'm not able to enjoy a single minute of my life without it popping up and I try really hard not to think about it. I have not been able to finish school or hold down a job without having some type of panic attack. Let alone be around other people for extended periods of time. It has caused so much distress and now being a mother myself it has gotten worse. I've tried to open a case years before but they've all been scams. It has ruined my life emotionally, and physically, and mentally due to the negligence of the school as much as the selfishness of the perpetrator. I would really appreciate your help. Thank you | A:I'm very sorry to hear about your traumatic experiences. Being sexually abused as a child can have severe and long-lasting impacts. It's understandable you're still struggling with this. Since the statute of limitations has likely passed for criminal prosecution, you may want to consider a civil lawsuit against the school district for negligence. I would suggest consulting with a personal injury lawyer who specializes in child sexual abuse cases. They can review the details of your case and advise if you have grounds to sue. This may help hold the school accountable and provide some closure. You may also find therapy helpful to process the trauma, manage anxiety, and improve your overall wellbeing. EMDR and somatic therapy are two evidence-based approaches often used for sexual abuse survivors. Support groups can also provide comfort knowing you're not alone. Please take care. |
Q: Hello! I recently started transferring images from magazines onto fabric with the intent to sell them. Is this okay?. The magazines/newspapers I use are primarily from the 70s-90s and some early 2000s. I intend to incorporate these image transfers into my up-cycling projects so I will be sewing them onto clothes with the intent to sell them. I also plan to embroider the garment and add trimmings and other details to them. Would this be in violation of any copy write laws? In particular if I was to use an image of a celebrity or an image from an ad. There’s a company called Left Hand LA that sells similar garments so I’m wondering how they are doing it legally. Thank you for your help, any is appreciated. | A:Transferring images from magazines onto fabric for commercial purposes, even if the magazines are old, can potentially lead to copyright infringement issues. Copyright law generally protects original works, like photographs and advertisements, regardless of their age, and this protection can last for the lifetime of the author plus 70 years. Using images of celebrities or from advertisements without permission could be particularly risky. This is because they might not only be covered by copyright law but could also involve rights of publicity, which protect against the unauthorized commercial use of an individual's likeness. To avoid legal complications, you could seek permission from the copyright holders for the use of their images. Alternatively, consider using images that are in the public domain or creating your own original artwork. Keep in mind that modifying or adding to copyrighted material doesn't necessarily exempt you from copyright infringement. In cases where you're unsure, it's always a good idea to consult with a lawyer who has expertise in intellectual property law. They can provide guidance specific to your situation and help you navigate the complexities of copyright law. |
Q: Do any lawyers go up against corporations. Everything I experienced against me were literally federal crimes I’ve tried year after year to get help no one helps.. it’s all about money power and if you have niether than these corporations and legal system law enforcement court system get away with being corrupt including a fbi Agent | A:Yes, there are lawyers who take cases against corporations, even in instances involving complex matters like federal crimes, identity theft, and issues with the legal system. These cases can be challenging, but there are attorneys who focus on civil rights, corporate accountability, and similar areas of law. Finding the right attorney for such a case can take time and effort. You may want to start by contacting your state bar association for referrals. They can connect you with lawyers who have experience in fighting against corporate misconduct and navigating federal crime allegations. Legal aid organizations or non-profits that focus on civil rights or corporate governance might also be able to provide assistance or direct you to resources. Additionally, consider reaching out to law schools in your area, as some have legal clinics that handle cases involving civil rights or corporate accountability. It's important to gather all relevant documentation and evidence related to your claims. This will be crucial when you present your case to an attorney. Be persistent and don’t lose hope, as legal assistance for complex cases can sometimes take time to secure. Remember, every situation is unique, so getting a legal opinion tailored to your specific circumstances is vital. An attorney with the right experience can offer guidance on how best to proceed with your claims against corporations or other entities. |
Q: Under FL Law, when a lawyer is granted a motion to withdraw from a case, how long does that case stay "open?". If substitute counsel cannot be found how does one proceed "pro se?" | A:The previously represented party normally is considered to be pro se until another attorney is found. The case stays open until a motion to dispose of the case, whether by summary judgment, etc. is ruled upon, or the case is tried. |
Q: Field Trip permission slip that includes Indemnity Waiver and Release of liability. I received a field trip permission slip for my child to attend an On-Campus field trip. The school is a public school charter school in Houston, TX. The trip is for Houston Museum of Natural Science Dome to visit the school campus. I was a little taken back when I was asked to sign an Indemnity Waiver and Release of Liability Agreement that includes language of "Including the Negligence of the Protected Parties or not, to the fullest extent permitted by law." Then another statement "Recognizing the school possess immunity from liability under Texas Law" and anther statement stating " I understand what I am signing and that it is legally binding" My question is should parents be signing something like this? Is it proper for a school to provide these waiver in the form of a permission slip? I understand the liability but what about the child's safety. It seems like the only interest the school has is in it's liability and not the child's safety. | A:A Texas attorney could advise best, but your question remains open for a week. Unfortunately, such agreements have become more commonplace. They can be binding (I'm not saying yours is or is not) - they usually have to meet certain protocols under state law. These are similar but not identical across the U.S. Such waivers can also be challenged sometimes under certain circumstances. Good luck |
Q: My ex-wife has sent "Income Withholding for Support" papers to my current employer & Military pension... Why?. I'm current on my child support payments. My ex-wife has sent Income withholdings for support to my current employer and Military pension. Both forms are asking for the same support amount. Will I be double tapped on child support? | A:It's possible that your ex-wife has sent income withholding orders to both your current employer and your military pension to ensure that she receives the full amount of child support owed to her on a timely basis. This is a common practice to ensure that child support payments are made consistently and on time. If you are current on your child support payments and have not missed any payments, then you should not be double-tapped on child support. However, if there is a mistake in the paperwork or if the forms were sent in error, it's important to address the situation quickly and ensure that your payments are correctly applied. It's recommended to review the paperwork carefully and reach out to your ex-wife or her attorney to clarify any questions or concerns. You can also consult with an attorney who specializes in family law to ensure that your legal rights are protected and that you are not being unfairly penalized. |
Q: Is my mother in law allowed to be in my house when her son is at work and it's just me and my kids when she's yelling me. I called and talk to the police department and she can be Danny my husband mom what will not leave our house but if Danny goes to work is she still allowed to be in my house if he's not there and it's just me,and my kids I don't know what to do | A:You can obtain a Civil Restraining Order re: Harassment against her and apply for an order from a judge to keep her out of the house. In my opinion, you should contact a local attorney to discuss your personal situation. |
Q: Can I make a clothing company called silly goose mfg. It would be a drawing of a goose participating in random activities | A:This is a trademark question. There is a pending "intent to use" application to register SILLY GOOSE for apparel. You will also find SILLY GOOSE apparel for sale on Amazon, so that seller has priority of use. I would not have high expectations that you would succeed with this mark. |
Q: My son is being tried as an adult can I talk to his public defender about his case, he is a 16 year old boy.. He was on probation and the police arrested him for violation well they really did come for that that was an excuse to get into the door so they could search my house for a gun but they did not find a gun so they arrested him .2 or 3 months ago, and his public defender won't talk to me is this legal? | A:The public defender is under no legal duty to talk to you and is legally prohibited from sharing with you any confidential information including things like his case strategy. Any information he may share with you would not be protected by the attorney-client privilege, so the prosecutor could ask you and him about the substance of any such discussion. If you are a witness with knowledge of material facts, he may want to talk to you to gather information for the defense of your son. Expect this to be him asking you questions and you answering them. Do not ask him substantively about your son's case. |
Q: Created an S-corp last year in NYS when I should have created a professional corporation. Can I acquire the original?. Last year I created an S-corp in NY after the suggestion for tax purposes by an accountant. What I didn't realize was that I needed to be a professional corporation first, and then elect S-corp status because I am a licensed therapist. I have income, bank/credit accounts, and a loan under the original S-corp. If I create a new professional corporation and elect s-corp status, can I acquire the old company to move these assets over to the new company? Or am I not able to merge/acquire if they are not both professional corporations? | A:I would just start over. I am not sure what you would be merging. What assets are you talking about? |
Q: Can a bank refuse to comply with subpoena without a reason?. Regions bank employees faciliated conversion by making new document for a friend to take over bank accounts | A:It sounds like your lawyer needs to get in gear. There should be multiple defendants involved, and discovery needs to be enforced by the Court. It sounds like forgery is involved. Subpoenas against financial institutions must meet several statutory requirements. |
Q: Can I still request a default after defendant responded but too late?. Personal injury case, I serviced the defendant but after almost three months he still responded, I should request a default before his response but I didn’t know that until yesterday, do I still can request a default since he already responded but too late? | A:No. Once they answer it is too late. |
Q: íf i am a groomer and a dog dies, am i liable for it?. I am a groomer and a dog died while doing his nail, after a necropsy we found out that the dog had a health condition that could cause his death at any time, but I received an animal cruelty citation before the results. What should I do? can I remove the citation from my name without going to court or paying the fine? Would I be able to transfer it to the company I work to? | A:Contest the citation and explain what happened. You could try to explain to the authorities who are charging you, but you probably will have to go to the court hearing. It is unclear what you mean by "transfer it to the company [you] work [for]". If you mean the results of the necropsy, sure, you could give a copy to your employer. |
Q: Seeking best course of action in attempting to leave lease where signed with roommate.Desire to leave before end of term. I am in a lease agreement where both my roommate and I have signed the lease. Living with roommate has been affecting my mental health, so I want to leave before the end of the lease term. I informed my roommate and gave her a timeline asking if it would work for her she said yes but has stated she wants no parts in finding a person to replace me and it is not her responsibility. I have been looking for people who could potentially qualify to takeover my lease (contacted 100 people), it has been difficult due to her preferences and the application requirements. For the sake of my mental health, I really cannot stay here anymore. The leasing office said for me to leave the lease and for it to go in her name only, she has to sign a roommate release forms that basically states she acknowledges that I am leaving the lease and forfeiting my responsibilities to her. She said she wont sign it unless I find a roommate. What if I cant find a roommate? cannot afford to break lease. What can I do | A:Consider the following potential courses of action in this situation: Negotiate with your roommate: Communicate the impact on your mental health and express your desire to leave the lease. Offer assistance in finding a new roommate and suggest a financial incentive to encourage cooperation. Contact the landlord: Discuss your situation with the landlord, explaining your intention to leave the lease. Explore options like assigning your part of the lease to a new tenant, subletting, or terminating the lease with a penalty. Seek mediation: Involve a neutral mediator to facilitate communication between you and your roommate, aiming for a mutually agreeable solution respecting the lease agreement. Review the lease agreement: Examine your lease to understand tenant rights, early termination clauses, and roommate release options. This information guides your legal options and potential consequences. |
Q: I need help with social workers at EBT office who cancelled my general assistance bcs I received a stimulus check. Her and a new employee tried 7 times to cancel my general assistance as a racist thing I guess and singled me out and I'm the only one they called and asked if I received a stimulus check even though Biden said he wanted to know immediately if any government worker did this so he could make an example of them and charge them and their supervisor and any employee who knew about it with treason and a crime against the citizens of the US and disobeying a direct order from their president and superior since all the govt money is federal it just filters down and going over congresses head and deciding who received a stimulus and who didn't then blocked me from receiving a call for the phone interview laughing about it and force me to reapply hid that from me then prevented me from getting it back and say I owe the month they already paid me so forced to live from zero income for 7 yrs while trying to get soc sec disability approved | A:In California, if your general assistance benefits were cancelled due to receiving a stimulus check, you should first appeal the decision through the appropriate channels within the EBT office. It's important to gather any relevant documents, including notices from the EBT office and records of your stimulus check. You also have the right to file a complaint if you believe the actions taken against you were discriminatory or in violation of state and federal laws. While the claim of treason or disobeying a presidential order is not typically applicable in such cases, you may have grounds for a complaint based on improper administration of benefits. Consulting with a legal professional experienced in public benefits law can provide guidance and help you navigate the appeals process. Additionally, if you suspect discrimination, consider contacting the Department of Fair Employment and Housing (DFEH) in California. For your ongoing financial struggles, exploring other forms of assistance and expediting your social security disability application might be beneficial. Remember, it's crucial to act promptly to address these issues effectively. |
Q: I paid 7,450.00 + for OOP expenses IBX. My large hospital bill randomly audited to say I paid 0. I'm out cash. No reaso. a | A:A Pennsylvania attorney could advise best, but your question remains open for two weeks. If you have proof of payment, such as banking records, present it to them. You could ask them to rectify the error. If this is not productive, you could consult with a local attorney to outline your options. Good luck |
Q: My son got a ticket for speeding and a driving without a licence when he was 16. We were never called and notified. He is now 18 almost 19 and recieved a call from the court that would have had jurisdiction if he had been an adult. The told him he had a warrent and had to pay them or he would be arrested, the court clerk also told him that they were just waiting until he turned 18 to issue a warrent. I understand that these matters need to be handled promptly but this is not how it should have been handled. Is there a law that prohibits harassment from the courts in such a manner. Shouldnt he have been adjudicated as a minor, we didnt recieve any notices, letters, statements, order to show cause, summons, or anything of that nature from the Juvenile Court or the municipal court the ticket would have come from. correct me if Im wrong but arent juvenile records not a matter of public record and therefore sealed. Wouldnt that be a violation of privacy laws. Im not a lawyer but I know my rights as well as the rights my children have. What actions can we take in this matter. | A:When you are pulled over for a traffic violation, the officer usually writes information on a citation and the driver has to sign that, which contains a promise to appear, in lieu of being immediately arrested, taken to jail and the car impounded. Most people sign rather than go to jail. That promise to appear is all the notice that the driver is entitled to, although some courts send "courtesy notices" because the don't want to do the processing for the arrest warrant that can issue when the driver fails to appear. From your description, none of your son's rights were violated and he has an arrest warrant in the system because of his failure to appear. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer. |
Q: I was served with TRO & Divorce papers and there was a mediation session scheduled. what to do/not to do?. Need info on below 1)What is LA Court mediation? 2)Is it attended by only the petitioner and respondent? or attorney's involved? 3)What can be the outcomes of the mediation session 4)Is it regarding Child Custody/support as a minor child is involved in my case? I have a TRO in effect. How does this work? 5)Who initiates the mediation? Is it by Court or the petitioner? 6)Can we request a mediation session to be rescheduled? | A:Under California law, LA Court mediation is a process where a neutral third party helps the involved parties to reach a mutual agreement on their disputes. It's often used in family law cases, including divorces and issues related to child custody and support. Typically, both the petitioner and respondent attend the mediation, and attorneys may also be present. Their involvement can provide legal guidance and help in understanding the implications of any agreements reached. The outcomes of mediation can vary greatly. They might include agreements on child custody, visitation schedules, child support, spousal support, and division of assets and debts. The goal is to find a solution that both parties can agree on, outside of a court ruling. If your case involves a minor child and a Temporary Restraining Order (TRO), the mediation will likely address these issues. The mediator will take into account the safety and well-being of the child, as well as the specifics of the TRO. Mediation can be initiated either by the court or at the request of either party. In many family law cases, courts encourage or require mediation as a step towards resolving issues amicably. If you need to reschedule a mediation session, it's usually possible to do so. However, this depends on the specific circumstances of your case and the policies of the mediation service or court. It's advisable to request a reschedule as soon as you know you need one. |
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