What reasons are there for a misdemeanor domestic violence charge getting bumped up to a felony right before a court appearance? A friend showed up to his court date and was told to go to a different division because his charge was changed
Who knows? But if this was an arraignment, the police officer may have originally set it as a misdemeanor and when the DA reviewed the case he/she thought it should be a felony.
Due to my mistake the insurance on my vehicle lapsed from 10/21/12 to 12/08/12. The Credit Union notified me on 11/29/12 that they were charging me for CPI for one months coverage 10/08/12 to 11/08/12. Can my Credit Union charge me for Collateral Protection Insurance retroactively?
Yes, check your financing papers. I'm sure it's in there.
Can I open a small nail salon booth while in defualt onn student loans?
You may be able to open a business while your credit is bad. Bit, you may have trouble borrowing money
I inadvertently shot off a few bottle rockets after the NYG. Super Bowl victory. One of the rockets touched off a small brush fire in the woods behind my neighbors house. It damaged 4 sections of his stockade fence. The fire department damaged 2 more section. I was honest about the whole thing and offered to pay for any damages. He is replacing the entire fence 25 sections and would like me to pay for the whole thing. I offered to pay half. The fence was over 20 years old. Exactly what am I liable for?
You're liable for the foreseeable consequences of your negligent conduct. In this case, that would be the replacement value of the damaged fence.
Good luck!
Can my boyfriend legally throw away my property while we live together? In California, Stockton. He also took all of the doors off off the hinges and out of the home! He is acting crazy and unreasonable.
No, it is not legal to throw someone's property away. You can sue him, but you may want to repost in civil, as this category concerns family law and not civil lawsuits.
Jersey City Rent Control
If I sell my 6 family rent control building is the new owner subject to the same rent control?
Re: Jersey City Rent Control
If you are the owner, and if you are subject to rent control, then very likely the buyer will subject to rent control.
I would need to take a careful look at your situation to see if there is any way to change this result.
I would really like to be your attorney to assist you in selling the building. Jersey City has some requirements to meet, but nothing terribly hard to meet.
So, give me a call; I am in Hackensack (northern New Jersey). I will be happy to discuss this with you; a brief telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you
and this law firm. You can not rely on the statements made by an attorney given over the internet. The
exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
If you've entered into a contract with someone, can their behavior terminate the contract?
In this instance, holding a third parties check ransom for work already done, who did not sign a contract?
Yes, if this someone's behaviour materially violates the terms of this contract. However, in my view, whatever this someone may be doing (or not) with respect to a third person who is not a party to this contract and who is totally unrelated to any of its terms should be irrelevant to the issue of the contract's continued validity.
Under what circumstances can a police search my car?
Unfortunately you have provided absolutely no facts in your question. The circumstances under which the Police can search your car are very vast. The 4th Amendment is something like 54 words long and the last treatise I saw on it was 6 volumes long.
Generally, it is easier for law enforcement to search a vehicle than a home or a structure that does not move as easy as a car moves. Basically law enforcement can pull someone over when they have reasonable suspicion that a violation has occurred. At that point they can look in the car through the windows for any items that are in plain view. This is how they start their investigation and start developing probable cause to go to the next step. However, there is no way to give you a complete answers as to all the circumstances under which they can search your car.
If you have specific questions and would like to be more direct please contact us through our office at www.brianmcginitylaw.com . We will do our best to answer your questions.
Good luck
Mr. McCinity is absolutely correct. Without any facts it is impossible to discuss. But if you want to call me at 415-336-7534 I'll be glad to discuss it with you. I'm in trial right now so it is best to call me during the evening.
Any way to amend the temporary custody order that the judge ordered. ? My husband trying to say I'm unfit. My husband s gf got an extortion charge on me. False charge and ill get that dropped in january.he is draggn my son from house to house with out a jacket..now my son has strep throat. N bruises. The father leaves our son with his mother all the time. He doesn't even want our son. Jus doesn't want to pay me child support. I want my son with me most of the time help! It would be best if ihe was with me. We only went to court once. We are in va. My trial date isn't until febuary 17th. But lord only knows what will happen to my son from now and then...
The amending of such a temporary order (if it were to occur) would
most likely not happen until the next scheduled hearing in the matter
before the same judge who entered this temporary order.
If I am required to go to court for a DUI, can I be found guilty if the officer didn't issue a ticket?
Yes
I am currently in the middle of a divorce with child custody issues. My soon-to-be ex-wife was scheduled for a deposition and trial because she has been unwilling to mediate. Her attorney just fired her. What is the process from here? In what ways will this set the case back and does it have to set the case back? I am ready for this to be over. Thank you.
i suggest you get an attorney. This could really be problematic.
How long does someone have to press charges after a bar fight?
You don't press charges. That is just in the movies. All you can do is make a police report. The longer it has been, the more unlikely a prosecutor would charge a crime.
city ordinance 3129 deer park texas
this states that a no person shall park anywhere on the front yard of a residential lot except in the garage or driveway for more than 4 hours. several properties have a easement in front and side of this property which is city property can a person park there legal.
Re: city ordinance 3129 deer park texas
An easement is the right to use someone else's property. Simply because the city has the easement doesn't mean it is necessarily available for public use. You would need to read the easement in the title records. Most likely the easements are for use by utilities and would not allow public use for parking.
Can i make legal copies of my arizona state last will
Only the original signed will is enforceable, you may make duplicate originals.
For a custody hearing coming up and the mother wants to have witness to aprear, What could she want witness for that we have never met and what questions will a judge ask the witness?
The witness presumably is familiar with her living situation and perhaps can speak about her observations of the relationship between mother and child. The judge will be trying to determine which one of you is best able to care for the child and his/her questions will be geared toward that.
My son has been vomiting for over 7 months his dad will not get him medical treatment do I have to take him home
I'm not sure what you are asking. Perhaps you should re-write your question.
You need to take this child to a doctor. It sounds like he has a potentially serious medical problem. If the child is seriously ill, an emergency room cannot turn him away.
As a parent you should have the right to take the child to a medical care provider - emergency room or any doctor.
If you don't understand what to do then you need to meet in person with a family law attorney in your area.
Look on this website & on www.avvo.com to find an attorney to help you.
My daughter was concieved when I was 16, and her mother was 21. She told the courts I was 17, and I attended the hearing without a guardian present. I still have the original court papers that has my date of birth earlier than I was born so that I seem to be an adult. This happened 16 years ago. Can she still get in any trouble?
No. After 16 years, nobody cares anymore.
The father of my daughter and I have shared custody. I have a restraining order against him and cannot communicate with him like i feel i need too since he has her half the time. He is also ordered by the court to pay child support, which he does NOT pay. I want primary care giver. Do i have a chance if i take him back to court?
Maybe. If he isn't paying his support that's a mark against him, but if that's all you've got it may not be enough, particularly because the source of heartburn is between you and him. It'd sound like you want to punish him for things that are not related to the shared custody issue.
If an employer documented an employee using an incorrect date as reference for the disciplinary action, does that nullify the documentation? If so, where is the law located to reference?
No. It may call into question the credibility of the document, if its accuracy is relevant to an issue in a legal proceeding. But an error in the document does not necessarily invalidate it.
I lived with my girlfriend in Oregon in a house that we both paid for and our names were on the lease. I moved out quickly and was able to take very little of my things. She now will not let me get any of my stuff. She has changed the locks and tells me she got rid of most of it. I ask her all the time but she always says no. it's been a little over two months now. What can I do?
Call the police to accompany you to the house to get your stuff. She has stolen your stuff.
Can the defendant's attorney request a change of venue for personal reasons?
It depends on what those personal reasons are. For example, some smaller PA counties have only 1 or 2 judges and the attorney might be personal friends with both. The attorney seeking a change of venue must set the specific reasons why venue should cahnged. "Personal Reasons" is too vague to cause a court to change venue. If you have a lawyer, find out the basis for the request. If not, you should go the the Prothonotary's office in the courthouse and request a copy of the Motion to transfer venue which state the specific reasons.
A "friend" of mine got a speeding ticket 2 weeks ago. Upon inspection they noticed there was no court date written down. Will this help them get the ticket dismissed? Usually if you plead guilty they assess fewer points if you pay by the court date. This time there is no court date. Any advice on how to proceed? My inclination was to contact the court via the website and ask for a dismissal based on the lack of date.
Typically that is a fatal flaw in the summons, and results in either a no-file or dismissal.
if I am co owner on a house and the other owner passes away do I get full ownership?
It depends on what you mean by "co-owner." If the other co-owner was your spouse, then yes. If you were not married, the ownership would have to have been designated "with the right of survivorship." If it was not, then you do not automatically get full ownership. The one half owned by the deceased person may be subject to that person's estate. You should seek the help of an attorney to establish proper ownership.
Our family went thru Probate for the last 4 years and finally settled in court on March 18th, 2013...Now it seems our Attorney is dragging his feet saying he is still working on his hours and fees for the case and we don't have a clue to how long this will go on...My question is how long typically after a Probate Case ends does one receive their funds? And if this continues, can i file a complaint with the State Bar in California?
Obviously I don't know what was done in march to reach a settlement and what part, if any, the attorney's fees play in the settlement. If there is a written settlement agreement (and there ought to be), then that document controls what is supposed to happen and also should indicate what the attorney's fees were going to be and who was supposed to pay them??? You may have the power to go into court to enforce your settlement. If an attorney assisted you in the settlement, then they are in the best position to assist you in getting your money. If you did not have an attorney, then you should probably have an attorney review the case and the documents.
I agree with Mr Feldman; you still may want to engage an attorney for beneficiary representation as a backup to insure the terms of the settlement are enforced, within a reasonable time, including payment of your distributive share.
I live in Florida my children are having there summer visit with there father. My daughter has hurt her foot and the doctor has told us to keep her off of her foot as much as possible and to get her crutches so she is not walking on it, but her father is not following doctors orders and is taking her to do several activities that she has to stand and use her foot is there anything I can do?
Depends on how far you want to take this. As it stands right now, this is considered a form of child abuse and child endangerment.
Forcing a divorce to go thru
My wife and I have been seperated for 2 years and I have tried to settle with her over that time period. We own 3 properties and a business and I have tried to get her to decide how to split up all assets. I have been paying alimony, car payments, ect. as per the judges order when first seperated and I feel she is postponing just to continue these benefits. We have had court dates every 2 months over the 2 years, which her attorney continues to postpone. How do I get the postponements to STOP! and get this whole thing behind me?
Re: Forcing a divorce to go thru
You, or your attorney, need to object to the continuance. If you don't have an attorney, you should get one, this is a long time to get this matter to trial. Good Luck, Pat McCrary
I moved out of California and left a car with my sister until I could get it shipped to Kentucky. She started having problems with her homeowners association because the car was not registered and I decided to sell it. and sent her the title so she would be able to transfer it for me. She was told that the selling price was $1500. One of her husbands employees was interested in the car, but apparently didn't want to pay because there were fees owed at the dmv. I told her to have him make an offer, but I wasn't about to give it to him. About a week later I called her to see what had happened and she said she went ahead and gave it to him. My question is, was her action criminal or can? Or is this a matter for civil court?
Most likely civil.
i was given a notice to vacate by he new owner of the house i rent due to foreclosure sale, do I have to pay rent during the time i am looking for a home
First off, if you have a lease, they cannot order you out until the end of the lease, or for 90 days from the sale, which ever is longer. If you are month-to-month, they have to give you 90-days from the sale. During that time, however, you must "attorn" to your new landlord. That's an old fashioned word meaning you must treat your new landlord in every respect as you were obligated to treat the former owner. That means complying with all terms of the lease or rental agreement with the old landlord, or if no agreement, then complying with the law of tenancy. That will always include paying the rent when due. If you fail to pay rent or otherwise comply with the rental agreement or lease, you lose the protections of the 90-days legislation, and they can evict you just as if they were the original landlord and no foreclosure took place.
Yes, you have to pay rent for as long as you are in possession of the property.
can somebody just take over an house after an person dies if he or she not family.
Not legally.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
It depends. Just because someone is not famiily does not mean that they do not inherit the home if there is will leaving the home to that persona as a beneficiary or if their name was on the deed to the home with someone else.
As noted by Attorney Jacobson, your post is woefully short on information. Who are you? What is your relationship to the deceased? When did the person die? When was the home occupied? Who is the occupier? What relationship does he/she have to the deceased? Was there a will? What did it say about who gets the home? Who is the personal representative?
If there is no will, then if the deceased had a spouse and any biological/adopted children would inherit. If neither exist, the rules of inheritance get more complicated.
My advice would be that the named executor if there is a will or the person closest to the decedent should go and see a probate lawyer in the county/state where the deceased lived at the time of his/her death. Pay theg attorney to review any will or the inheritance situation. If the person is indeed occupying the home illegally then the law owners of the house or the personal representative of the estate will have to see about getting this person out.
I was arrested for DUI, my second, parked in my driveway at home. The police did not see me driving, and I had NOT been driving. I was in my vehicle, listening to music and the keys were in the ignition. My fiancee's daughter had called the police for unknown reasons. I refused breathalyzer, retained attorney, and on my court date the prosecution had not submitted discovery info to my attorney and the arresting officer was not present. My attorney did not ask for dismissal and the judge continued my case. Was my attorney negligent? He has received a plea offer I am considering, but asked him to negotiate and he said there would be no beneficial response from prosecution. Is this right? Again, is my attorney negligent. Florida case. Please respond to Johnyork58@ yahoo.com. Thank you for your consideration
Mr. York,
A DUI is not like a civil citation, wherein the officer is summoned to court for a hearing and you win by default if they don't show. If the officer failed to appear for a Motion to Suppress, or worse yet for your trial, then there might be something to discuss regarding your lawyer's conduct. Otherwise, I suggest you trust the lawyer you retained to know how to handle these matters. If a question arises, ask him to explain things to you. That's why he gets paid the big bucks. Speaking of questions, I suggest you speak to your lawyer about Florida's DUI law and what it says about being in "actual physical control." Sitting in the driver's seat with the keys in the ignition is legally sufficient to proceed on a DUI charge. It may not be enough to convict you, but that's something that you and your lawyer ought to have discussed.
Best of luck to you.
I was in a Florida accident and cited for failure to yield. We both had same insurance company. At the time no one went to hospital however I did need to go 13 days later and diagnosed with a brain injury from the impact and side airbag. I am getting a pinch better. I went to court (as the policeman had said maybe I should do to possibly get it thrown out since we both had same insurance company and there were no injuries) to ask for relief on ticket rather than just pay it (didn't know what was right thing to do) but now it was continued to another court because of my injury. I have good medical insurance (Medicare and Supplemental gap insurance).
1. Should I have just paid the ticket and gone on with my medical treatment without challenging the ticket or is it legal in Florida to basically hide that there were injuries in accident? (I hope I haven't caused more trouble for myself for challenging ticket.)or
2. How threatening and what are the consequences if I just take my husband with me and say I'm guilty? or
3. Should I have to have a lawyer at this next court for some reason regarding the ticket? or
4. Just do this myself ...I heard of Last chance argument . And the accident report says it was a width of a 3 lane road when it really had width of 4 lane road.
Thank you
You should, at a minimum, talk to a lawyer. You shouldn't do this by yourself as you will find yourself out of your depth. Bringing witnesses is a strategic decision and insurance companies have little to no bearing on the outcome of the ticket. So, get a lawyer to fight this.
Hi,
I am married and live in California. I am thinking of buying a small house on my own without my wife's money. The purpose is to avoid sharing the property if we were to divorce in the future. I heard that if my wife agrees to sign quit claim deed for the property, then she cannot claim on the house I own. Is that correct? Or is it impossible in California? What is the legal process to make this happen (i.ei quit claim deed)?
Thank you very much.
Andy.
The situation is far more complicated than you understand. First off, how are you going to buy it on your own without your wife's money? Do you have an inheritance or some other source of cash that was not earned during the marriage? Do you intend to make payments out of some fund of money that you had before you were married? Once you put money you earn during the marriage into the house, the marital community earns an interest in the house. Is she going to make a gift of the house to you? A quitclaim would be PART of her making a gift of her community property to you, but it requires a written agreement or other document showing clear intent to give you any community property interest in the house. And even if she did that, it would have to include an agreement that she is making a gift to you of every payment on the house loan that comes out of money you earn. Lastly, you have an absolute legal obligation called a fiduciary duty to put your wife's economic interests on equal if not higher priority than your own for as long as you are married. You can only legally put yourself first once you separate with intent to divorce. So unless she just loves you so much that she wants to give away a whole house, you can't do this. And if she loves you that much, why would you be thinking about divorce?
I agree with Mr. McCormick. The modern trend in case law with respect to these types of transactions is that there is a presumption of undue influence, rather than a presumption that the property is your separate property. The burden is on you to show that you did not exercise undue influence, in violation of your fiduciary duty to your wife, to obtain her quit claim deed.
You would have to purchase the property with money that you could clearly show was your separate property. Money that you earn as income during your marriage is not separate property, despite the fact that it may come from your salary or wages. The quit claim deed itself may not be sufficient, because you would need either a deed or a separate writing that clearly shows her intention to transfer and give up any community property rights in the property, which is not provided for in standard quit claim deeds.
My husband and I had a house for sale "as is" and our realtor found a buyer.The house had been rented out and appeared to be in good condition, but needed some minor repairs. (Painting of wood trim and replacing some screens and cleaning carpets. A contract was signed on June 20, 2013. Then our realtor wanted us to have the roof and other outbuildings assessed for hail damage by our insurance company. There was hail damage to the roof, guttering, screens, and two outbuildings and some rot and peeling paint on the wooden trim. The new owners had already taken partial possession on July 3rd to do some of the repairs in order to qualify for their FHA rural development financing. The insurance claim was not filed till around the 20th of July. After taking full possession on Aug. 1st, the new owners had the septic system checked and they found the tank needs a repair and it was recommended to extend the laterals. They also discovered the electric stove was unusable due to arcing when plugged in. Are we legally bound to turn over any or all of the check to the new owners or to pay for these repairs that we were not aware were needed? The insurance company did not specify if the roof MUST be replaced, or we return the money, or what. Do we have to do repairs or return the money, and since they have already done the painting and replaced the screens themselves, and since they bought the property "as is", can we keep that portion? I don't think we should just hand over the check to them for all of it because of the "as is " clause in the contract. We finally closed on Sept.5th. and still don't have the check for repairs, but want to know what to do when it comes. Our realtor thinks we should give them the full amount and we agreed to part of it for the roof repair, but not money for repairs they did themselves, or for replacing a current storage outbuilding, and roof repairs on another outbuilding. PLEASE HELP!
If the hail damage occurred after the sale your realtor would be correct and the buyer would be entitled to the proceeds. As I read it though, the actual loss occurred some time before you sold the home and you sold the home "as is." If that is the case, I don't see that the buyer has a claim to the insurance proceeds. You should confirm this with an attorney who practices real estate law, which I do not. The Oklahoma Bar Association has a "Find a Lawyer" service that should be able to help you with that. Be aware, your insurance company will want to put your mortgage company (if any) on the check. Your mortgage company will only release the funds to you if you either use the money to make the repairs (which you obviously don't want to do) or if you pay off the mortgage balance. Good luck.
I have an autoimmune disease. My employer has been aware of my illness since I was hired. I am an hourly employee. When I am too ill to work I call in sick. Can my employer fire me for call offs or cut down my hours?
Are you on intermittent FMLA? Employees, on FMLA for a serious medical condition must comply with their employer's reaosnable attendance policies.
I drank two beers in two hours. They were 20oz and I hadnt eaten. An hour later I went through a road block and got a DUI. The machine said I was .094. I told him I wanted a blood test Bc there is no way 2 beers in three hours would make me blow that. He tried talking out of it Bc he can't be gone that long, but then he took me. We waited for a little while then he got a call, took the cuffs off and let me go at the hospital. I was never booked or taken to jail. Can I get the DUI dropped? My cop friends say yes. Also the machine says I took the test at 1am but I have a reciept showing I was at a gas station 15 miles away at 12:45.
Can you personally get the DUI dropped? Probably not. You need to hire a DUI defense attorney, and the sooner, the better. I can't tell where in Georgia you were arrested, but a local attorney is best. If you're in the metro-Atlanta area, you can contact me at 770-338-2338.
You can let your friends advise you and probably lose your license, get convicted and pay a big fine (and maybe get jail time) or you can hire a DUI lawyer to properly advise you. You WILL get a license suspension unless your lawyer files ALS paperwork within 10 days of the arrest, so hurry. I recommend Bubba Head or George Stein as excellent DUI lawyers. Consider them.
I am in business with a partner who just past away, who I had a contract with which stated his daughters working for the business are entitled to a salary and my partner and myself split the profits each year based on sales. Without my knowledge in 2010, my partner gave the business to his daughters and he stopped giving the them the additional salary the contract said they should receive. Their father has been coming into the office and what they'd like to call "working" without a salary since he transferred the business to them. Now, the daughters have realized they have not received that money and are now trying to collect. Can you please tell me are they entitled to this money?
This is a fairly complicated matter because the corporation's documents need to be reviewed (the bylaws and any additional agreements you had with your late partner), then there is the issue of the estate and the rights it has in the business finally there is the issue of the daughters who may or may not have been employees (the late partner's promise to pay them a salary could be construed as a personal promise and not an obligation of the company)
I realize you were looking for a quick definitive answer, but without carefully reviewing these docs it is difficult to render an opinion.
Feel to contact my office at your earliest convenience to see if I can help you.
Roman R. Fichman, Esq.
www.TheLegalist.com │ @TheLegalist
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can a 18 year old male be engaged to an 15 year old female
Not if he wants to stay out of jail.
"Im 19 i work part time 30 hrs a week, i live in a apartment with my mom 14 yr old brother and 6 yr old brother. My mom doesnt work and demands most of my paychecks. I live in ny. What are my options?"
You are 19 so you can leave. Instead of giving most of your paycheck to your Mom, you will be giving most of your paycheck to a landlord.
Mike.
Can the office of D.A destroy my blood sample eventhough the charges against me are still pending?
I was involved in a DUI case which is still pending and I am fighting it.
Look up [trombetta v california]
I assume you mean the police destroyed or list your sample.
No, they cannot. Your attorney should be looking into a motion to dismiss the charges based on a Trombetta violation.
They CAN do anything they like. The consequence is that you have a good defense argument. If serous about hiring counsel to help you in this, feel free to contact me.
In the state of Louisiana, are personal injury awards considered community property if the injured person is married?
No. Personal injury awards are separate property, even if you are married. An award for lost wages would be community property though.
Can I sue my ex and her new boyfriend of 6 year for punitive damages
Punitive damages for what? If you mean that they were having an affair while she was still married to you, and you want to sue him for breaking up your marriage, then no, I don't see that working out. Texas does not have in place the legal causes of action such as alienation of affection that you would need to rely on in order to be able to sue anyone for that sort of thing.
I went to court today and when I asked for a continuance the D.A. jumped up and said I thought we were going forward with a plea agreement today....if we aren't then all offers are off the table and I will need the paperwork back (to my attorney). My question is whether or not this is grounds for me to request a new attorney as I didn't at any time tell my attorney that I would take the plea agreement and it seems that he told the D.A. that I would. This makes me uncomfortable as far as feeling he is looking out for my best interests. Can I request a different attorney because of this?
It depends on whether you have a public defender or a private attorney. If you have a private attorney you can fire him at any time. If you have a public defender - it is alot more difficult and they do not just switch attorneys without a large reason.
Eitherway, my suggestion is that you hire a new attorney. If he is trying to make you plea and you have never told him that - then you can already see where the case is going and he may not be fighting for you the way you need him too.
Feel free to give me a call and we can work on your case and fight aggressively. You can call me at 303-872-3249 and schedule an appointment.
After filing an answer, and I wish to add amendments, how many days do I have to file my amendments?
The general rule is that you need court permission to file an amended answer. Are the amendments really necessary? Does it raise defenses that must be raised? Will the other side stipulate to your filing an amended answer? if it is Small Claims Court you can probably do it without court permission as everything is very informal.
Is it true that in the state of Washington, if a person is arrested on a assault 2 charge, then put in jail for 62 days, went before the judge and they did not have a victum to testify against the person in jail, the judge dismissed the case but said that it was dismissed "with predious, does this actually mean for the next 7 years this person that was sent to jail has to be looking over there shoulder for 7 years because the person that put them behind bars lied -but they can come back and lie again and away goes this innocent person. How can our justice and our laws allow a liar to have control over another person life for 7 years???????????? What recourse does the innocent person have??????? He has lost his job on account of being put into jail, he now lives with the constant fear that if he does not talk to this person when she calls and is completely intoxicated and be nice to her then she will come back with her lies and have him thrown back into jail. How do you live under those circumstances - not right. What can be done about this problem???????????????
A charge that has been dismissed "with prejudice" cannot be filed again.
I agree. If it was dismissed with prejudice, it can not be refiled.
My girlfriend and I are splitting up but she refuses to give me my paycheck what can I do
sue her. use a lawyer
My father singed the house over to me and I put my brother and sisters name on the deed. My sister forged my name and had the deed stamped by a noteary my brother singed it too and they sold the house for $500. what can I do to get it back?
You will have to start a Quiet Title action to set aside the forged deeds. If it had a market value of $500.00, it probably will cost many times that to sue, and wouldn't be worth it. If the house had a much higher value, why would they have sold it for only $500.?
Unless you are an experienced real estate lawyer with litigation experience, you won't be able to do this on your own. You will have to engage the services of a lawyer. You need to take action as soon as possible, otherwise it may be sold and/or mortgaged, and you'll have to sue all of the people involved, and it will become harder and harder to make your claim.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
Can a tenant who is on the lease move out before the lease is up leaving the other tenant to pay all the rent
Yes, although the remaining tenant can then sue departing tenant for their share. But as between the tenants in the landlord, the landlord is entitled to collect full rent from either or both.
I have joint legal and physical custody of my 3 1/2 yr old daughter. Sometimes I call her 10yr sister to check up on them on the days I dont have my daughter. Today I called my stepdaughter on her cell to check up on them, come to find out they were both alone with their mom's new boyfriend and boyfriend's brother. This is not the first time this happens, she leaves them with new boyfriends or people I don't know.
Is there anything I can do to prevent this?
Can I pick up my daughter when this happens, if she's not there?
She can have people babysit. I recommend funding out all you can using a private investigator to do background checks. If she is never around, then you can ask the court for the "right of first refusal."
In Texas will a court split the jurisdiction of children if the case originated in the county where primary custodial parent still resides with 1 of the 3 children? Should I be notified of such a hearing to transfer venue?
They could. Continuing exclusive jurisdiction is as to each child. The idea is that the county where the child actually lives is probably where the most interesting facts are in terms of the child's life and the people around him or her.
If there is a motion to transfer the case to another county, it will be filed after someone files another action, say a Petition to Modify the Parent-Child Relationship. You should receive notice. If you have moved, you should file a change of address notification with the court so they know where to find you.
Good luck!!
Hi I have a question please. My mom recently passed. She had some credit card bill to her name only. Her husband deceased as well. My mother had a house but she transferred her property to my brothers and myself 6 years ago, so her name was no longer on it. She had a life insurance naming my brother as beneficiary. My mom had no other property. She also possibly owed in her medical bills. My question is would they go after the children? Would they take my brother's insurance money? Would they take the house? What should we do. We do not want to pay this bill.
Thanks
The only way any creditor could after anyone would be to claim the house transfer wss a fraudulent transfer, which is highly unlikely. They can not after the life insurance beneficiary. If the debt didn't exist at the time of the transfer, the creditor may have no claim.
If you are sodomized can it still be called rape? I know rape is the act of aggression and I would rape would be the general term and sodomy would be the subcategory of rape. My girlfriend is an officer and she said rape is only when a penis and vagina are involved. Does rape not have an initial broad category that obviously most civilians would use?
Sodomy can be considered rape. Any object that penetrates the victim against their will can be the basis for rape.Sodomy is when the object used penetrates the anus.
I am a filipino and I have been to the US recently where I met my fiancee but while we were dating My mom applied me for a Visa petition for a permanent visa which I got denied for the first but in the 2nd time got approved but my visa got rejected because we do not where it is going for years and we asked the lawyer and he could not help us so unfortunately the US gov sent me back home obviously got denied. So now my question is would my fiancee who is a American citizen file a Fiance visa legitimately which I have to visit and marry her within 90days ? Can she file me even I have a history of immigration? We are both of the legal age .
Why was the first case was denied?
If you are currently in the Philippines, did you overstay your visitor visa while in the U.S.?
If you have not overstayed any U.S. visits, & do not have prior USCIS or U.S. Consulate denials due to fraud or criminal background, & can prove your relationship with concrete evidence, then I do not see why your fiance could not file for your visa.
If approved, you would need to enter the U.S., marry within 90 days of entry & have her file for your greencard asap.
Please let me know if you have further questions. Good luck!
Hello - please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM
hi my name is Steve. I have a neighbor that well likes to call police town board and anything else he can and he has more junk in his yard thn i did. well my grandson walked onto his lawn to retrieve his ball.. the nighbor then the next day put a barbed wire fence up it is approx 1 foot hi. its aspite fence for sure. ive contacted the code enforcement the town and agricultural markets and have gotten no answers but he can call some one and there her always frivolous and nothing becomes out of it.. Now my grand son has been hurt buy this fence and so have animals. snowmobilers travel here and would hever see that fence under the snow we get. WHO do i contact ive been tring for 1 1/2 years. someone has to control on how that fence cannot be there as illegal sheriff even said thats illegal.. i have trouble mowing around it for im sick with leukemia and cannot push the mower under it.. i really need some help if you could.. im in ny state north country. thank you.
If you re-post your question, but categorize it under "Real Property" or "Zoning" or something like that, you're likely to get more responses. Intellectual property, the category you selected for your question, is patents, trademarks, copyrights, etc.; we don't deal with neighbor disputes in this area of law. Although some intellectual property lawyers also handle real property matters, most of us don't.
THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.
You steal money then buy a house with the stolen money. The house is in your name according to county records. Can you be charged with receiving stolen property for living in or owning the house or just charged with theft/embezzlement of the money itself?
You didn't steal the house, you stole the money. So, the theft would be of the money. Of course, the house would now be subject to forfeiture.
I am charged with distribution ot marijuana and contributing to a minor. Do I qualify for first offenderr law? I have not ever been in any trouble in my entire life. Could you tell me how much time am I going to have to serve?
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Yes, you should qualify for a disposition under Va. Code Sec. 18.2.257.
Probably, none, if you mean time actually served in the local slammer--provided you complete as required all of the conditions of your probation.
My grandchildren were kidnapped by C/Y in PA. A Kings bench Motion was filed in Feb this year, Question, with the Kings Bench Motion filed will that stop any futher actions by C/Y? If so, where can I find the law and copy it.
Kings Bench Motion is a rather extraordinary action an unlikely to be successful. If you wish to challenge Children and Youth actions it's not a do it yourself project. You need a lawyer after all Children and Youth have a lawyer so you need one too. If nothing else to level the playing field.
If you have any questions feel free to contact me. The initial consultation is free.
John
It is very hard to advise you without knowing all of the facts of the case. From your post, it sounds like you are trying to represent yourself. I hope that isn't true. There is alot on the line in these cases and you should have someone on your side who understands the system and can put the best case forward for you. If you don't have a lawyer and would like to discuss this further, feel free to give me a call.
If you rent something (i.e. computer) from a place like Aarons rental and get behind on payments or dont make the payments either way can they have you put in jail for not giving them the item back? also any suggestions on how to handle this without returning would be great. IN STATE OF KENTUCKY
Failure to make required disposition of property valued over $500.00 is a felony. If its value is less than $500.00, it is a misdemeanor. They would have file an affidavit/sworn statement to ask that a judge issue a warrant. There is also a civil cause of action that could be filed against you under the contract that you signed. You have not given any facts or any legal reason that would justify keeping Aaron's property so I am unable to speculate about possible claims or defenses that you may have.
I purchased a mobile home in Minnesota. There are two peoples names on the title. When I bought the mobile home I bought it from one person, now the other person wants more money from me for her part. I have a signed bill of sale stating that there are no liens and he has good and marketable title to said property. The other person will not sign the title. I have paid this in full 6 months ago.
Hello. You may need to initiate legal action; your attorney will assist you and advise you in detail.
I assume the second person was not living in the home when you moved in. You likely may have a claim against the person who signed the bill of sale. That person may or may not be collectible. Assuming you are dealing with a mobile home which has not been attached to real estate, do you have the title card for it? That would control over whatever people are telling you. Also, were the former owners divorced? If so, the divorce decree may have awarded it to one or the other of the persons.
After you do some investigation you should review the results with a lawyer and try to decide what to do.
My husband hasnt seen his daughter in 7 years. The childs mother moved his daughter out of state to Colorado and refuses to come back. When he was placed on child support, a visitation paper was drawn up that gave him certain days to see his daughter. Hes been fighting to see his daughter ever since. What can he do to see his daughter and make her honor the visitation papers. They werent married but visiting days were established in the court. We dont have the money to hire an attorney. What legal rights as a father does he have? She must be breaking some sort of court law so to speak to not honor the visitation papers and move his daughter out of state. Ive offered to pay for round trip ticket so he can see his daughter but the mom said no. I just dont know what to do at this point. Any advice or number to call would be great. I wish I could find an attorney in the Houston area that would be willing to handle a pro bono case to reunite a father and daughter.
Does the most recent court order have a geographic restriction - something to the effect of "The Respondent has the exclusive right to establish the child's domicile in Harris County or a contiguous county"?
If not, you have a problem.
Consider calling the local law enforcement folks (local to Mom) - tell them that you plan to come up there with a certified copy of the visitation order, and ask them if they will accompany your husband to the door when he goes to pick up the child (at one of the designated times in the order, of course).
If you like, you can file a motion for contempt against Mom in Harris County (I assume that's where the order came from), but that's not going to be very effective.
I was recently terminated from my job and the reason they gave me is because I went to the hospital an hour after my shift ended instead of during, even though I explained to them I had no transportation to the hospital until then. Is it possible they can fired me due to this and rule it a no call no show even though I gave them my hospital note? And can I sue?
More information is needed?
Is this a worker's comp issue or a job related injury?
What does the employee handbook state about reporting injuries?
Why didn't you report the injury while on work to a onsight or off sight manager?
Also licensed in Maryland.
If my boss text me to send him a pic, and then a few months later he called me from a alcohol establisment (he was drunk) and started making sexual advances. I reported it at work, and it is under investigation. What will happen to him? They currently have us seperated.
What happens will depend upon upper management's response. If they do not respond to you properly, consider filing a complaint with the EEOC (in the government blue pages).
a credit card was opened in my name in 2008. i am not aware of opening it. i told an office that i lived with an ex boyfriend, wasent sure if he opended it. i certainly wasent accusing him. they said they would look into it. they found out that he probably did not. I said I never made a charge against him, why would i without proof. I never criminally accused anyone. I asked they do you you think I was making a false claim, they said no, you tell me. I said I am, I was not. They asked if I wanted to drop the investigation, I said yes. next thing i know i have this charge against me and have to appear in court. I am SCARED TO DEATH!!! What happened??????>? I just wanted to send a report to the collection company for Capital One Credit card, so I could get it off my credit report. After consulting with an attorney, Capital One gave me the wrong information. I wasen't supposed to file a police report, just send a written report to the collection agency. HELP1111
I will help you, if you do not feel my office in Hackensack is not too far away. Call me, if you like.
A guy I went to high school with and whom I've seen one time in 20-25 years since, recently contacted me and was upset because the woman he was dating had added me as a friend on my facebook account. He asked me to delete her from my friends list. Well, I deleted both of them, because I'm way too busy to deal with such drama. A week passed and he left me a couple of threatening voicemails stating that he'd come to my house and settle things if I kept trying to contact his girlfriend (I don't even know her and have never contacted her).
I refused to engage him figuring it would only worsen the situation but did notice that he was adding many of my female friends to his own account, in, what I thought at the time, was just a juvenile way of getting back at me (like I care).
Well, last night, I received several telephone calls and text messages from some of my friends stating that this guy had posted a slanderous message telling everyone I was using IV drugs(not true), had AIDS and Hepatitis(not true), and that my son (I'm a single dad) had been taken by CPS (also not true). I asked one of my friends to take a screenshot of what he had posted and to send it to me and she did. Now I'm wondering how many hundreds or maybe thousands of people read this?
Also, twice in the last week, he's been driving up and down my block and down my alley in a stalking fashion. For the life of me, I cannot figure out what I did to him that would make him think such random things.
I'm curious as to what legal recourse I have? The things he posted on Facebook seemed slanderous to me but I'm not entirely sure of the actual legal definition. I'm a local business owner as well and do not want people thinking that I'm a drug abuser or that I'm neglecting my son. Can he be held liable for slander? Or should I pursue this criminally?
Sincerely,
BD
From what you have described, he can be held liable for defamation. I suggest you visit an attorney who practices in this area.
However, it is not clear that you have suffered any monetary damages. Thus pursuing this in civil court may not work on a contingency basis. You would have to pay your own attorneys fees. The end result would be a court order that he may or may not follow and may not pay. Understand that the statute of limitations for filing such an action is one year.
I suggest you discuss contacting your local district attorney as well.
In a civil trial tort case involving auto accident, how does the plaintiff make the defentant's failure to appear for following too close traffic court into evidence, since you cannot use the ticket or accident report when pleaded no contest?
First of all, you do not do such cases pro se if you expect to get a good result. You get a lawyer. Not having a lawyer is a good way to lose, or to get far less than you would otherwise (assuming you have a case).
Second, under Georgia law, a nolo plea is generally inadmissable as there is no conviction and no admission. An accident report is usually inadmissable, as it is hearsay. Witnesses can testify. Reports cannot.
Is is legal for a person to walk 16 hours without a break
What?
My husband died in november he has a truck I been paying on but someone told me that I need to call the loan place cause if I had full coverage it should be paid off but the bank went talk to me cause they said I have to have something saying I am the exicater of the will but he has no will all I have is the death certificate they said that want work what do I do
go to the county clerk and file affidavit of heirship they have at the tax office..to put truck in your name..
If the name of a suspect on a police report is incorrect, does that make the police report inactionable?
I don't know what you mean by inactionable. Police reports are not evidence, and are usually not admissible because they contain hearsay statements by people who are under no obligation to tell the truth. (And who usually don't.)
The police report is not the document that is used to file formal criminal charges. The fact that a suspects name was misspelled is of no importance, as the criminally accused is afforded an opportunity during arraignment to state his true and correct name.
My husband received a summons and complaint on a repo for a gulf stream travel trailer in the middle of June. On the summons it does not state a court date, just that the creditor are taking him to court.
Then this week a defaultregrquest,affidavit,entry and judgment came. Showing the amount due on camper trailer. Showing a default judgment, how can this be default if we didn't know court date and what can we do from here?
If you read the summons carefully, you have a duty to answer the complaint within 21 or 28 days if served by mail. No court date is set, nor required. Now he may already be in default, which can be set aside within 21 days after being entered if you have a defense to the case. You need to speak with an attorney and fast! Tim Klisz kliszlaw.com
I currently have a divorce settlement and we are legally separated and she wants to refile with new terms. Once she refiles, what happens to the current agreement? Does the new terms that I have not yet sign be in effect regardless?
You posted to Georgia lawyers so I assume this is in Georgia. In Georgia there is no such thing as a legal separation. And you don't have a divorce settlement unless you're divorced. So your post states a set of "facts" that are impossible. The best I can tell you is to call your lawyer, who should know what actually is happening.
In Georgia we do have what is known as "Separate Maintenance" actions which resolves the issues of the marriage. It may be resolved by court hearing or you may have entered into an agreement. Once an order is entered, either party may later decide to file for a divorce. In my separate maintenance actions I always ask my client if he/she wants the agreement to be the final agreement should a divorce action be subsequently filed. If the parties agree, that language is put into the agreement. Your posting does not say if you simply entered a written agreement and separated with no court action so difficult to advise. You need to take your documents to a family law attorney and have him/her advise you.
I hired an attorney to get guardian ship of my mother.5 months ago.. she past away 2-months ago. I am the executer of the living trust. and my brother just hired the same attorney and is taking me to court to get me off as the executer of the trust is there a law or wouldnt it be a conflict of interest for the same attorney to take my brothers case against me
I believe that the attorney has a conflict of interest. You may have told him something in the course of the guardianship relating to your mother that creates the conflict of interest. If you would like to have a free consultation, email me at [email protected]/* */ If you don't fight your brother, he will become the successor trustee.
PLEASE HELP!! I am a renter in Ca. fighting an eviction where Owner filed UD action after I complained about habitability (major sewer, lack of HEAT issues) to him AND the AC Building Inspector ( in October) ....this has been going on since October 2012, with out Owner doing ANYTHING about it, and now, today, the county has red tagged the house! We are being told we have to VACATE until all repairs are made to house. Is Owner liable to find us temporary housing? We have NO WHERE to go!! UD case trial is THIS month! I know I will WIN UD case & owner has violated MANY CODES including Civil Code sections 1174.2, 1929, 1940, 1940.2 1941, 1941.1, 1941.2, 1941.3, 1941.4, 1942, 1942.5; Health And Safety Code sections 17920.3 and 17920.10.... COULD GO ON & ON but have no idea what to do or what my rights are now! Do not have another place to move to TODAY nor do I have $ to get hotel room as I have been saving RENT money to be able to pay what court thinks is fair for condition of home...ANY HELP OR SUGGESTIONS?
If the building was "red tagged" and you were ordered to vacate immediately, providing documentation of this will probably result in your winning the eviction action. But as that still doesn't get you a home you will need to look to the local relocation ordinance rules. Basically there is a federal standard for fair market values on residential rentals in your area.
Given what has happened, I recommend that you start looking for an attorney to assist you.
You should be able to make a demand for (1) relocation costs; (2) temporary shelter costs; (3) retroactive rent abatement; (4) statutory damages based on substandard conditions, and retaliation. You may want to contact the federal LSC-funded legal assistance program in your community or the local lawyer referral service. I would use the money you have been saving because there is no rental value on a red-tagged unit.
Good luck with this.
Can an employer charge you 1.5 hours of vacation for each hour taken during what they consider a 'busy time of year'?
Unfortunately Texas lets employers do as they wish. If you feel you have a claim for pay call the Texas Workforce Commission
I currently live with my mom. And go to my dads house every other weekend. My dad and I want to change that to where I live with him. What should we do?
It depends on your age and why you want to go live with him. He would need to hire an attorney to help him file a petition to modify custody.
how to divorce mentally ill spouse with 4 children 2 are minors and he will not give me an address to send them to they say i need to ammend divorce papers and i dont have a clue in savannah ga
Your first step is that you need a lawyer. A mentally ill person may lack the legal competence to sign papers or negotiate an agreement and you may have to deal with a guardian. This is absolutely NOT a do it yourself project so do NOT attempt to file pro se.
My divorce papers state I have visitation Monday and Tuesday and every other weekend. And my mother in law is the day care provider for our daughter, which is picks up Courtney from school everyday and I pick her up at her house on Monday and Tuesdays after I finish work. I just received a schedule and get off from work at 2:30pm rather than 5:00pm. I want to pick up Courteny from school on Monday and Tuesdays (which are my 2 days) and bring her home myself - no day care is needed on Monday and Tuesday anymore. My x husband tells me no I can his mother is picking her up from school. Wouldnt I be able to pick her up on those 2 days since they are clearly written my visitation days and i dont done need the after school care anymore.
Thank You
Tracy
If the divorce papers do not prohibit you from picking up the children from the school, I am not sure how or why your ex-husband would want to stop you from spending a few extra hours with your daughter. That does not make sense, based on the facts given.
Notify your ex-husband, in writing, that you will be picking her up and make sure that you are on the list of people authorized to pick her up at the school.
My wife has a judgement for her to pay legal fees to the defendent for filing a R.O. That was denied. Can the defendent go after my bank account and any joint assets, we have a car in both our names that is paid off?
That doesn't make any sense. What was denied? The request for a restraining order? The request for attorney's fees? If either of those were denied, then there would be no judgment for attorney's fees.
Any asset with her name on title can be levied against. I suggest you negotiate a compromise or payment plan rather than fight in court every time some asset gets seized.
He was accused of spray painting terrorist on a temple and the reason why he was accused because the same color paint was tagged with a tagging name, so the dectives asked around and caught the minor for his tagging name but tryyin to convicted For felony hate crime and they searched his house for any evidence and didnt find anything but he admit to it because he was under pressure sayin if he told them that he will be going home and he asked for a phone to his parents three time and Said no that they told him if he tells the truth, he will be going home that same day and soo he admit to it and they put him in juvenile hall and now he has to choose not gulity or gulity, can he still fight it? But hes admitin to his tagging name but not the hate crime and he told me that he was walking home and find a spray can next to the temple and he decided to go to hia friends house and he did taggings around the temple but didnt do the terrorist taggings and he said he saw other tagging in the same color and tagged above the other taggers name?? Can he still be convicted if he tell the judge, he was being told if he told them that he will be free to go and he was threaten by other dective, saying if he doesnt tell them anything, that he will have to talk to him And that He'll be sorry And the "victims" Was at the pre trial, are allow to come to the court hearing Because the kid is a minor? because the judge was kinda mad After they came in And they dont got any evidences just him admitting to it but he was be pressured by them sayin he told them that he'll be going home and can he win if he pledges not gulity?
Anyone can be convicted of anything. The judge doesn't have to believe him and he has already admitted to lying.
I have a misdeanor charge for accidentally breaking a window on an bus after a short argument with the driver. I am trying to avoid jail, as I am not a repeat offender
(this is my first arrest as an adult). I have no money to hire a lawyer and will use a public defender. Please give me some advice.
OK. Advice: tell your Deputy Public Defender the truth, the whole truth, and then rely on his/her judgement and expertise in handling this matter. Public Defenders are usually extremely able counsel. They know the judges, the prosecutors, even the local jury temperaments. You are very likely going to be in skilled and accomplished hands. Good luck.
Hello:
My wife deserted me nine months ago. I have two questions and I thank you in advance for any response.
1. Her "new friend" recorded a cell phone conversation that he and I had in South Carolina. I know it's a one person consent state, but am I entitled to a copy of that conversation if she has stated that it would be used in court? If so, how would I have to go about requesting a copy?
2. My name is on the mortgage and deed of our house. Her name is only on the deed, but we did use her income to pay the mortgage and household expenses. Would she still be required to pay her portion of the mortgage even though she has moved out? No legal action has yet to have been initiated.
I will be meeting with a lawyer this week, but just wanted to do as much homework as I possibly could before I met with him. Time is money with lawyers (LOL).
Thank you again for your time and expertise.
There are methods of getting the recording, but the best course of action is partially determined by the specific facts involved. With regard to the mortgage, the Court will determine who has to pay what expenses, including the mortgage.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.SpartanburgLawyers.com). I wish you the best of luck.
Ben Stevens
Hello, my question is as follow, my housband got accused for sexual harrasment at work. This is how it all went. He works at a restaurant, he was working in the back preparing for the days meals, he noticed that one of his co-workers passed by so he assumend that she had passed, he turn around and she was in back of him. My housband is a big guy so when he turned he rubbed on her by accident, he apologized to her, he told her "I'm sorry I didn't know you were in back of me, it was an accident" she said "Yeah right an accident" so he told her "ok well just take it however you want" the day went by and she kept on working, she waited for the assistant manager to go to the bathroom, so she went in back of her and started crying in the bathroom. She talked to the manager of the restaurant, so did my housband and both of them had the same version. Now she came to work telling the manager that a cop was going to come and to investigate what had happend. My housband has been working at this place for 5 years and has never had a problem with no one, he has never been written up, no bad report or anything like that. Should we be worried about the cop situation? Is there a case? What should we do?
Thank you very much,
Christina
Should you be worried? Of course. He may lose his job for 'misconduct'. Any complaint of sexual harassment MUST be investigated by the employer and 'appropriate' disciplinary action taken, from a warning up to and including firing, if the employer concludes that something did occur. "Cops" wont be involved unless she accusing him of criminal assault. In that case, feel free to contact me for the legal defense he'll need.
condition 11. It is agreed by all parties hereto that the filing of this document
is the filing of an application on behalf of the employee (that was me), and that
the WCAB (workers' compensation appeals board) may in its discretion set the matter
for hearing as a regular application, reserving to the parties the right to put in
issue any of the facts admitted herein, and that if hearing is held with this document
used as an application the defendants shall have available to them all defenses that
were available as of the date of filing of this document, and that the WCAB may
thereafter either approve said Compromise Agreement and Release or disapprove the
same and issue Findings and Award after hearing has been held and the matter
regularly submitted for decision.
MY QUESTION: will this condition that is part of C&R allow me to use my case documents as an application to reopen my case for award adjustment if I can prove past allegation that were ignored and now provable through discovery with new MRI images overlayed over old images, for starters. I have a whole stack of now proven wrong statements that adversely affected my settlement.
NO, ONLY because there is no such power of a WCAB Judge as an "...award adjustment." A Compromise & Release Agreement is a contract; once is it deemed fair by the WCAB Judge, and an Order Approving the C&R is issued, the contract is set.
The only way out of this contract is to (1) Petition to Set Aside C&R for Mistake or Fraud, and (2) Pay back 100% of the C&R money.
If you wanted to leave the option open to prove a new & further disability later, the proper settlement document was the Stipulations With REquest For Award. You did not choose that option. You chose the one with extra cash; you didn't appreciate the extra cash was to cash out your rights to prove a new&further;disability later.
This condition in your C&R is for the judge who refuses to approve the C&R because it appears unreasonable to the applicant, this lets the C&R serve as the application to get a hearing going to get the claim resolved at a trial (so they don't have to withdraw and C&R then file an Application with the same details and issues).
This condition IS NOT an open door to re-litigate your claim when you find a new issue or evidence that should have been obtained prior to signing the settlement documents.
Sorry to be the bearer of bad news.
What does filing letters of administration mean when death occurs with no apparent will?
If someone has a will that is presented for probate, that is called "letters Testamentary," Someone is appointed Personal Representative, (Executor) to administer the estate, and distribute the assets according to the terms of the Will. Letters can still be be issued and a z personal Representative appointed if there is no Will. But, they distribute the assets according to the state intestacy laws, which are basically by familial descent. Since the Personal z representative is chosen by the Court, and not the decedent, the Representative will likely have to post a Bond to protect the heirs from any mishandling of estate assets.
Good luck
My mother was injured in a Nursing facility during a transfer, her hip was fractured and she laid for 12 days until my sister demanded she have an x-ray. I feel like the nurse and the aids should be held responsible for their negligence, Can I legally file a civil suit against them?
Probably. You absolutely have a negligence claim against the facility, the question is are you limited to arbitration or are you allowed to go to court? The answer depends on what is contained in the contract between the patient and the nursing home. These cases are difficult and they are defended vigorously. I handle these types of cases and would be happy to talk to you about your rights. Of course there is no charge for a meeting or phone call. Please feel free to call me at 216-781-2600.
I was not a co-signer on the lease. i was only listed as an occupantI have a question about a commercial property that I leased with a man that I didnt know as well as I thought. He is the lease holder and I am on the lease as an occupant. Well the second day of being here trying to set up the office which included doing all the painting which was supposed to have been done by the landlord but was not I was exausted. I am 50 yrs old and have a bad back. I laid down to rest my back and fell asleep only to be woke up by the Lessee having oral sex on me. I call the police and there is a restraining order in place. My questions are what are my rights as an occupant on the lease. I have put alot of effort and money into this unit yet the rent is not affordable to me at this time. Can the landlord just kick me out? Will he have to evict me? How much time do I have to relocate?I was not a co-signer on the lease. i was only listed as an occupant
You need an attorney to review the lease and discuss whatever your "deal" was with the perp regarding your occupancy (which you do NOT identify). If as you say you did not sign the lease, then being inserted as an "occupant" may put you in the position of an approved subtenant, but then the terms of the subtenancy are at issue - that would be between you and the perp, and the landlord may have nothing to do with it. And "normally" the landlord would have to evict the perp as tenant to get to you as subtenant. And if you wanted the space the landlord might accept your continued "occupancy" if the perp is evicted but only if you then sign a lease with the landord. If you simply wanted "out" and this is the case you would need to prove the arrangement with the perp, which you do NOT identify. If, however, your arrangement with the perp amounted to a month-to-month subtenancy, you might have the right to terminate that on 30 days' notice. You may also have an action for assault and battery which in this case might result in damages in the form of monies you advanced for the space. See an attorney for a full and complete review of your situation.
My business closed in 2007. Still working on Bankruptcy filing, almost complete. Things happened in recent years that got in the way of completing that. One of the companies I owe money too took me to court in 2010 while I was out of the Country. Judge ruled in their favor which is expected but also issued a body attachment against me. I got back in the Country found out about all of this and filed motion for new trial date and a motion to release me of the Body attachment considering this was civil and not criminal. Judge denied both motions. Got in touch of other lawyer who requested the body attachment in the first place and offered to make monthly payments to pay off debt. I submitted a 2 year plan. He rejected the offer and said I have to pay in full(not possible), otherwise body attachment will stay since judgment is already rendered. However he has the power to submit to the court that settlement has been reached and request for the body attachment to be released. He is refusing to do so. I can't believe that over a civil case, I will go to jail even when I'm offering to pay it back outside of the bankruptcy. What do I do?
You are strongly encouraged to set up a consultation with an attorney in your area as soon as possible who can review the underlying court documents and advise on the pending action. It is not clear from your post whether you were served in the underlying proceeding or not since you mention being out of the country.
Generally a body attachment can only be requested/issued after a defendant has refused to obey a court order of some sort (perhaps a subpoena). Not paying a judgment does not in and of itself subject one to jail. However once the court has issued an order for body attachment one should seek legal advice as soon as possible.
Maryland law allows a judgment debtor to claim certain exemptions from judgment collection. You may wish to review the specifics of the judgment against you with an attorney and get some advice on how to assert those exemptions as well.
This online post offers general legal information and is not a substitute for specific legal advice on your situation.
A body attachment is not for non-payment, it is for failing to appear for questioning about your assets and income. You should see a bankruptcy lawyer promptly. While a bankruptcy does not necessarily avoid contempt sanctions for failure to appear if the state court judge has initiated such proceedings, the creditor must cease any collection activity which normally results in the dismissal of any body attachment.
