mercredi 30 septembre 2015

Traffic Lane Violations: Fighting an Unsafe Lane Change Citation Resulting in an Accident

My question involves a traffic ticket from the state of: Arizona
I was recently in an accident in which I was cited for an unsafe lane change. Here's the short as best as I remember. I was heading north on a 2 lane road in the left hand lane. I've driven this road many times. There's a 2 lane left hand turn lane prior to the light. My destination was roughly 100 feet on the left hand side of the road from where the turn lanes start. I signaled for the left hand lanes and began to get over slowing down for my stop. When I started to merge over...more than half way into the far left lane...I was struck by a vehicle on my driver side side bumper with most of the damage being done to my rear quarter panel...the other vehicle didn't use its horn nor slow down when it hit me. No officer on scene at the time and no witnesses. I was coming to a stop so I was doing 5-10 mph when I was hit. The other vehicle seemed to be going much faster.
45 min to an hour later an officer was on scene and after taking statements he said he was citing me for the unsafe lane change. I was shocked. I repeated that I did everything I could to signal lane change and that I was braking entering the lane. Not sure what the other drivers statement was.
Do I have a legitimate dispute? If so...how do I present it? With no witnesses I'm not sure how he made a definitive decision on who was at fault.
Thanks for your help


Traffic Lane Violations: Fighting an Unsafe Lane Change Citation Resulting in an Accident

Marriage Ceremonies: Marriage Counseling for Women

Hi guyz, am newbie in this forum here to discuss on the topic marriage counseling for women. Marriage counseling for women is the faster and effective solution to really make the marriage work.


Marriage Ceremonies: Marriage Counseling for Women

Following Too Closely: How to Fight Citation for Pa VC 3361

My question involves traffic court in the State of: Pennsylvania

Recently I was driving on an on ramp for a highway and while looking to see if I was clear to merge the car in front of me slowed to a near stop and I rear ended them. I was given a citation for PA VC 3361. This law reads:

"§ 3361. Driving vehicle at safe speed.
No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, nor at a speed greater than will permit the driver to bring his vehicle to a stop within the assured clear distance ahead. Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions."

The weather was a normal chill fall evening with clear skies around 10pm (so dark.) How could I fight/have a defense for this in a court.


Following Too Closely: How to Fight Citation for Pa VC 3361

Speeding Tickets: Driving Vehicle at Safe Speed Ticket After Rear-Ending Another Vehicle

My question involves traffic court in the State of: Pennsylvania

Recently I was driving on an on ramp for a highway and while looking to see if I was clear to merge the car in front of me slowed to a near stop and I rear ended them. I was given a citation for PA VC 3361. This law reads:

"§ 3361. Driving vehicle at safe speed.
No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, nor at a speed greater than will permit the driver to bring his vehicle to a stop within the assured clear distance ahead. Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions."

The weather was a normal chill fall evening with clear skies around 10pm (so dark.) How could I fight/have a defense for this in a court.


Speeding Tickets: Driving Vehicle at Safe Speed Ticket After Rear-Ending Another Vehicle

Federal Taxes: Forged Signature on Tax Returns

my husband forged my signature on our tax returns this year along with the refund checks. He is self employed and claimed on the tax forms that he paid me 50,000 which he did not. We are now going through and was wondering if this should be brought up or what if anything should I do?


Federal Taxes: Forged Signature on Tax Returns

Foreclosure: Action to Take on Judgment Pending 1 Year if Plaintiff Does Not Define Default Amount

My question involves a mortgage in the state of: New Jersey
It is now more than 1 year since Plaintiff was granted judgment against me. Six months ago, (in response to plaintiff's warning that they were about to file a request and certification for default), I responded and filed an affidavit defining factors to be considered in default. I included amounts. Plaintiff never responded and never filed a claim for any amount of default. It currently reads 0. I would now like to file a motion for the court to enforce terms of settlement based on the default parameters that I filed.
I am pro se. Is there such a thing? Where can I find a format for this motion?
What case law may I quote where judgment was awarded based on terms filed six months earlier and not contested?
Better still, What case law may I quote where judgment was awarded based on terms previously filed and not contested by plaintiff?

I do not want the court to dismiss the matter without prejudice. From what I understand, after 1 year, they can, but if dismissed "without prejudice" I am told that the matter will not go away, they will just file a new lawsuit. Already in foreclosure, I feel I have nothing to lose and everything to gain if the terms of my affidavit filed six months ago are enforced.
I would appreciate help with this from a NJ perspective.
Thank you very much.


Foreclosure: Action to Take on Judgment Pending 1 Year if Plaintiff Does Not Define Default Amount

Environmental Law: City Stormwater Discharge on Private Property

My question involves real estate located in the State of: Arkansas

Before the development next to my 4 acres was built there was an old pond a couple hundred yards NW of me with an attached creek that flowed through my property, and into a river downstream. During development the pond was filled, and the creek became a shallow ditch, where it has since dumped into my creek at my property line. That's all well and good because that's what it's always done.

However, I feel like I have a complaint (against the HOA?, City?, Developer?) concerning an 18'' ADS pipe that flows from 3 culverts, and discharges onto my property. It's cutting the land and eroding away topsoil. Thankfully I have lots of trees so it hasn't really been a huge issue for me until now. Now we're wanting to build a house in the back of the property and this discharge doesn't make it feasible. There's no velocity dissipation at the discharge point in the pipe, and during storms the water is coming out very fast.

I have contacted the State (ADEQ) as well as the city. The State says they are going to send an inspector out within 10 days and issue a decision on my complaint; valid, or invalid. The city has said they are really busy right now, but my contact says he will pull the original plats to see what he can surmise. I've studied the cities phase II MS4 plan, and the goals seem to be at odds with what I see happening on my land.

I have researched every topo map I can find going back to the 1930's and there is no historical evidence of a creek, or pond, anywhere other than I've plotted on the image below. Neither title nor survey indicate any easement.

Do I have a valid complaint? With who? Are far as remedies; what is the ideal plan A and plan B? I would appreciate any additional insights as to what my next steps should be.

Thanks for taking the time.



Environmental Law: City Stormwater Discharge on Private Property

Speeding Tickets: Too Beautiful to Have a Ticket

My question involves a traffic ticket from the state of: Washington

This ticket proves pretty girls get tickets like the rest of us. :) perhaps it was early and she hadn't done her makeup yet?

I looked at the ticket information and it looks pretty open and closed. Main Street in Colfax WA, 35 in 25 (which is legal down the street) .
learning its a speed trap the hard way.

If you have the time could you review the discovery?

I have had luck with this site. Before I make the decision on this case I would like a second opinion if possible.

I am thinking deferment, person is eligible for a deferment cost of ticket plus $50.

discovery arrived on the 30th. Spokane postmark September 24th, court date October 6th.

http://ift.tt/1O8Smyg


thank you


Speeding Tickets: Too Beautiful to Have a Ticket

Suspension and Revocation: Driver's License Suspension Over Tickets Not Properly Entered Into the System

My question involves a driver's license issued by the State of: CA

Last year I got two tickets. One for registration being expired (10/14) and the other was because of a head light out (12/6). Both were fix it tickets.

Got them corrected and signed off BEFORE the appearance dates on my tickets.

The problem was the court were backlogged and when I went to the court (Beverly Hills courthouse) they said they had yet to be entered into the system so I could not pay for the dismissal and officially have them cleared.

Throughout this year I have repeatedly tried to enter the Citation Numbers into the courts website to find them/pay for them and everytime I would get an error message "can not find ticket, please try again later"

Last week I received my order of Suspension from the DMV for FTA's on both tickets mentioned above. I am going to be suspended on the 17th of October.

I went to the court with proof of correction and proof of appearance. Traffic Clerk said it was sent to GC for collections so i went to room 104.

Fine is a grand each. She gave me a court date for December 9th (the soonest). I asked what is going to happen with my suspension. She said the court used to send Abstracts to the DMV but can't anymore. She said the DMV is the only one who can lift Suspensions now. (on my trip to the court no violations or anything were corrected)

I, then, went to my local DMV in Culver City to show them my Court Date slip and to have them lift my suspension. They put their hands up in the air and said sorry, the court must send an abstraction.

What the hell am I supposed to do now? I need my car for work. I don't just have an office job where I can ride the bus to and from work. I drive a lot on the job.

Am I basically screwed now into having to shell out over 2 grand because of the court's incompetence?


Suspension and Revocation: Driver's License Suspension Over Tickets Not Properly Entered Into the System

Civil Rights Issues: Someone Abusing Me Online - What Can I Do

My question involves civil rights in the State of: New York and Pennsylvania

Hello,

I was googling my name and I found a website that has my first and last name in it's url address and it has my photos with inappropriate drawings on it and 'bad' words about my persona.

The website's address is ending on .com, I tried to see registrars details to see who doesn't like me so much, but all I was able to find is that the domain was registered with godaddy and the rest was saying that information is hidden. Probably person who did it also paid godaddy for the service to hide a name of the domain owner. Not sure if it's hosted in US or outside US.

What can I do in this situation?
Is there a way to make godaddy reveal owners details?
If godaddy goes for it can I sue the person who did it? On what grounds?

Please advice.


Civil Rights Issues: Someone Abusing Me Online - What Can I Do

Reckless Driving: Accused of Racing (Wrongly Accused)

My question involves a traffic ticket from the state of: Texas

Cop accuses me of highway racing
I honestly wasn't

A Mustang GT pulled up to me and floored it, it was spinning for like one whole gear and not going anywhere, and then pull away when he shifted.
Next thing I knew I was being pulled over for "racing", I didn't even downshift, didn't even floor it. I was arrested because the cop heard a loud engine noise and saw two cars going at a "high rate of speed".

He didn't clock my speed either, I was going 45 in a 55 about to turn into my school. Wow, such a high rate of speed...

How do I go about fighting this? This is BS.
I been saving for the past year, and now I have to put all the money I earned into an attorney to fight something I didn't even do.
Do I just shoot to get it dismissed, or try to get reimbursements?

It's a Class B misdemeanor, up to $2000 fine and 180 days in jail.


Reckless Driving: Accused of Racing (Wrongly Accused)

Purchase Contracts: Promise to Sell to Current Tenant, Just Not Right Now

My question involves real estate located in the State of: NC

Own a single family home in NC. Love the house. Dislike the city.
Currently renting it out.
No desire to permanently live in that city again, but if/when a promotion comes along we may HAVE to. If that should be the case, we'd wabt to live in this house. (Making the city a bit more bearable.)

Is there a way for us to either sell the house to the current tenants (who want to purchase it) with some sort of stipulation that we can rent back from them for (3?) years if we need to?

Alternatively, could we do an agreement that when we do sell the house, it will be to them, and also account for their future rent payments in the sale of the house to them? (Prevents them from feeling like they're throwing rent money away.

Thanks for any input!


Purchase Contracts: Promise to Sell to Current Tenant, Just Not Right Now

Criminal Investigations: Pulled Over for Broken Taillight, Ended Up Cited for Possession Though No Drugs

My question involves police conduct in the State of: Georgia

My husband was the driver and I was the passenger in his car owned by his mother with a trailer with tools on it being pulled behind. His right taillight had been smashed just that day and the pieces were actually sitting in the car. We were coming into town around 1:00 am and my husband was smoking a cigarette with the window down when a city cop pulled us over. As he walked up to the car he said "I pulled you over for the broken taillight." Then started asking if we had marijuana or pills in the car and asks if he can search it and of course we said NO. He took both of our IDs and went to his car for a while. My husband has had a DUI in the past and is on probation in another county. He is often profiled in our home county. After about 10 minutes, a K-9 unit shows up. He asked us to get out of the car and said he was going to search our persons. My husband said he consented to a terry pat only. They called a female officer for me. The dog walked around the car, the cops opened our car doors while pointing at things to sniff, and the dog did not indicate. After the dog was done and walking away, my husband said "your dog didn't hit on sh**" and one of the cops said (to cover their a**es) "well we have probable cause because we smell marijana!" and proceeded to search our vehicle. A pipe with resin in it was found in my bag. Neither of us owned up to the pipe. NO drugs were found in the car. Then we see them taking a bag out of the car and my husband thought they were planting something so he said "hold that in front of the camera!" and they said it was a swab kit and that they had swabbed the console and it tested positive for marijuana and gave my husband a citation and then we were free to go.

The next weekday (Monday) we filed an open records request at the city level and the county and it got them riled up. My husband said while walking out "I can't wait to sue your f*** town" and some cop left a voicemail on his phone later saying that he was not allowed to act like that and now they are charging him with disorderly conduct.

Now here are my questions:
1) Was that a legal search? The K-9 did not hit on anything and we were detained for well over an hour.

2) He could have given a ticket for paraphernalia but he did not. He gave the ticket for possession. How is that possible when there were no drugs, just this supposed "swab" that neither I nor my husband saw the results of.

3) Could they amend the ticket to paraphernalia if they so chose? OR did they call it possession because technically the pipe had marijuana resin in it?

4) The ticket said "must appear: NO" at the bottom and the cop at the city hall said he definitely did have to appear. If the cop who wrote the citation made that mistake, what other mistakes did he make?

5) The Chief of Police has called my husband three times today because he is scared. What do you think the chances are of this case being dropped before the court date?

6) If I have a lawyer review the evidence and write a letter to the mayor and Chief threatening a lawsuit, would that help or hurt?

7) Is it best to just escalate it to State court and plead not guilty? NOTE: The car was used when my husband bought it, it is not registered in his name, and also we had a parrot in his cage in the car that the dog could have smelled.

8) Why do they think they can voilate his First Amendment rights by charging him for cursing? He did not act violent, he was walking out the door when he made the comment

Thank you so much for any insight. I truly believe my Fourth Amendment rights were violated, I have friends that are lawyers and they think I have a good case. (Well, my husband, that is)


Criminal Investigations: Pulled Over for Broken Taillight, Ended Up Cited for Possession Though No Drugs

Disability Benefits: Financials Considered for Waiver of SSDI Overpayment

I've received an overpayment notice, and would like to submit a waiver. What financial information will the SSA require – or have access to – when reviewing my situation?

I'm also a bit concerned they already have some info: about a year ago, I applied for SSA-administered assistance with drug coverage. This application required that I disclose financial info; assuming that using my SSN they'd be able to determine the existence of my accounts, I listed most of my holdings. Will the SSA refer back to this info in connection to the overpayment waiver?


Disability Benefits: Financials Considered for Waiver of SSDI Overpayment

Initiation of Charges How Long is Too

(Nevada Federal Case)

It’s been over three weeks now (almost a month) since my friend who originally pleaded guilty and decided to accept a plea on a Federal Real Estate Criminal Case (Felony) was dismissed by a Federal Judge due to – too many delays and postponement’s by the prosecutor. But two weeks after the dismissal the prosecutors decided to reopen the same case but have not filed for new court date as of yet. My friend is still wearing the GPS Monitoring Ankle Bracelet until this case is finally resolved that he has been wearing continuously for two years (as required by Pre-Trial). How many days (or months) do the prosecutor have to set/reschedule a new court date before the grace period runs out?


:confused


Initiation of Charges How Long is Too

Applying to Rent: What Does Case Status of "Post-Disposition" Mean

My question involves landlord-tenant law in the State of: New York
I have had a case against a tenant for non-payment active for quite a while. I now see the next scheduled appearance date on the court calendar with a case status of "post-disposition". What does post-disposition mean?
It is in NYC.


Applying to Rent: What Does Case Status of "Post-Disposition" Mean

Division of Assets: Does Filing Taxes Singly or Jointly Affect Your Spouse's Rights to Your Income

My question involves a marriage in the state of: New York
My son can save a very significant amount in tax owed if he files as MFJ instead of MFS for 2014. His income (all from his brokerage account) is significant, she has little or no income. All the income stayed in the brokerage account. Nothing was withdrawn or added to the account since before the marriage.

There is a possibility of a divorce coming. It would be simple, uncontested. Married less than a year (got married near the end of 2014), no children no other assets.

Would filing MFJ instead of MFS entitle his wife to part of that income?


Division of Assets: Does Filing Taxes Singly or Jointly Affect Your Spouse's Rights to Your Income

Security Deposits: Can They Keep My Security Deposit for These Repairs

My question involves landlord-tenant law in the State of:Washington

I moved out on September 8 and just received a partial security deposit. They kept $80 for carpet cleaning and $230 for repairs. The repairs listed were touching up paint, removing ceiling hooks, 2 broken blinds and painting the bathroom door.

I have an inspection from when I moved in that lists 2 broken blinds and wear on the bathroom door. The ceiling hooks were not noted because I did not view them as damage as much as something that was supposed to be there. I did not put them in.

I am hoping this is a simple mistake. The building switched management companies about halfway through the year that I lived there.

I am going to send them a copy of the original walk through. Any tips for when I contact them? I'd prefer to do this without going to court. Can they keep my deposit for carpet cleaning? I am fairly sure the carpets weren't cleaned before I moved in. They had a smell to them that I didn't notice until I started doing pushups. Can they keep my deposit for painting? I was always under the impression that spot painting was routine maintenance when an apartment was vacated.

I left the apartment spotless. I spent an entire day cleaning the place and it was in much better condition than when I moved in. Any help is appreciated. Thank you.

Gordy


Security Deposits: Can They Keep My Security Deposit for These Repairs

Search and Seizure: Can You Get Evidence Suppressed if an Officer Tries to Open Your Car Door

My question involves civil rights in the State of: Oregon. I was speeding, they said I was going 77, but I was really going 65 in a 55. That's besides the point tho, the officer came up and spoke with me got my lisence registration and such went back to his car, then came up on the other side of the car and attempted to open the door, I had all 4 windows cracked because I had f wind in the car and wanted him to be able to speak with them if he felt so inclines, which he did. He came up on the left side of the car and I immediately lock my door for my safety, just before he goes to open it, he tried a couple times before just poking his head in the window. I know he never actually opened my door, but he had intent to.

My question is, if I took this to the court room, is there a chance I could plead Invasion of privacy, attempted breaking and entering, I mean the constitution is there for a reason right? I Didn't Feel Safe or secure in my car talking to him at all afterwards.


Search and Seizure: Can You Get Evidence Suppressed if an Officer Tries to Open Your Car Door

Traffic Accidents: Minor Driving Mothers Car Runs Stop Sign and Wrecks into Our Truck

My question involves an injury that occurred in the state of: Texas

Saturday evening a 15 year old boy took his mother's car, ran a stop sign and wrecked into my husband's truck, which is now un-drivable. She is now telling her insurance the car was stolen by her son and we are having to use our uninsured motorists coverage to get the truck fixed. What legal recourse do we have if any?


Traffic Accidents: Minor Driving Mothers Car Runs Stop Sign and Wrecks into Our Truck

Security Deposits: Serving an Out-Of-State Landlord

My question involves landlord-tenant law in the State of: Arizona

A.R.S. 33-1309 (B) says that you can serve the Secretary Of State if the out-of-state landlord does not have a statutory agent as follows.

B. If a landlord is not a resident of this state or is a corporation not authorized to do business in this state and engages in any conduct in this state governed by this chapter, or engages in a transaction subject to this chapter, he may designate an agent upon whom service of process may be made in this state. The agent shall be a resident of this state or a corporation authorized to do business in this state. The designation shall be in writing and filed with the secretary of state. If no designation is made and filed or if process cannot be served in this state upon the designated agent, process may be served upon the secretary of state, but the plaintiff or petitioner shall forthwith mail a copy of the process and pleading by registered or certified mail to the defendant or respondent at his last reasonably ascertained address. In the event there is no last reasonably ascertainable address and if the defendant or respondent has not complied with section 33-1322, subsections A and B, then service upon the secretary of state shall be sufficient service of process without the mailing of copies to the defendant or respondent. Service of process shall be deemed complete and the time shall begin to run for the purposes of this section at the time of service upon the secretary of state. The defendant shall appear and answer within thirty days after completion thereof in the manner and under the same penalty as if he had been personally served with the summons. An affidavit of compliance with this section shall be filed with the clerk of the court on or before the return day of the process, if any, or within any further time the court allows. Where applicable, the affidavit shall contain a statement that defendant or respondent has not complied with section 33-1322, subsections A and B.

But the lease that I signed has the following:

Landlord or the person authorized to act on behalf of the Landlord for receiving service of process, notices, and demands is:
<Landlord Out-Of-State Address>

My question is, where do I serve the small claims papers (for withheld security deposit)?

Your help is greatly appreciated!

Thanks,
Gucces.

BTW, the court filing is:
I rented the premises at XXXXX Phoenix, AZ 85000 for more than two years. Upon termination of the tenancy the premises was delivered back to the landlord in the same condition as when the lease term commenced (reasonable wear and tear expected). Even after the termination of the tenancy, delivery of possession, and demand by the tenant the landlords failed to return the Security Deposit of $1300 or provide an itemized list of deductions within fourteen days (excluding weekends and legal holidays) in violation of A.R.S. §33-1321 (D). I request the court to help recover the money due to me together with damages in an amount equal to twice the amount wrongfully withheld plus court fees ($1300 Security Deposit + 2 x $1300 Damages + Court Fees) as per A.R.S. §33-1321 (E).




Security Deposits: Serving an Out-Of-State Landlord

Domestic Violence: Domestic Violence Charges I Do Not Want to Pursue

I got into an arguement last Friday night and my husband dialed the police and hung up, the police show up and see him yelling.

I made a statement saying that he just grabbed my face and somehow left a scratch and I had shoved him, they arrested him (I didn't know they'd do that and I regret it) they left him out on Sunday on a 100$ bond.

He has a court date on the 6th of October and I'm planning on trying not to get a subpoena

The thing is

-were married and I don't have to testify by law
-there are no photographic evidence
-I did not call police
-I am the only witness
-I did not sign anything that they wanted me to
-I called prosecutor to document that it was nothing much more than a verbal dispute and that I'm not trying to press charges and that I'm due in a few weeks and that I'm just hormonal and everything happened too fast and I have anxiety.


The thing is I called the police that had arrested hims phone that same night and left a voicemail asking was it confidential and then called again saying I was just mad and my scratch came from so and so

What evidence can they use in court? What can they do if they don't have a 911 call and a signature and photographic evidence? Also no other witnesses if I'm trying not to testify?


State of Michigan St Clair county


Domestic Violence: Domestic Violence Charges I Do Not Want to Pursue

Medical Malpractice: Incorrect Diagnosis of "Suicidal" for Heart Patient

My question involves medical malpractice in the state of: New York

Situation that was recounted to me: a person had a heart attack or mini-stroke on the street. She lost consciousness. Her only visible injury consisted of minor scratches. After she regained consciousness, she was asked to take medication. Knowing that her medical condition makes many medications risky (but not wearing a bracelet that would let others know of her condition), but unable to explain herself at length, she refused all medication. The doctor diagnoses her as suicidal, and she is treated accordingly. Her attempts (in the locked ward where she is taken) at further explanation appear to fall on deaf ears due to her diagnosis.
Question: Is this diagnosis possible malpractice, or are there circumstances that would allow a doctor to pose such a diagnosis without consulting her medical record? (That is, I do not have the full story, and possible the friend who is the victim of the situation herself did not understand all the details.) Thank you in advance for information that would help me to clear this up. I understand that posts are not binding. PS My friend does not join this forum because she is not very computer literate.


Medical Malpractice: Incorrect Diagnosis of "Suicidal" for Heart Patient

Custody and Visitation Issues: Should I Seek Sole Custody of 9 Year Old Daughter Because Dad Unfit

My question involves a child custody case from the State of: iowa should I seek full custody declaring dad as unfit
This is my first time posting and am hoping to get some direction as to what is best for my daughter. I filed in May for several reasons but the one that relates here is my husbands behavior over the last 4 years. Once our oldest son went to college he basically checked out being a parent to our other 2 kids 15 and 6 at the time. The behaviors have escalated to a point where it was no longer a marriage we had but an employee, employer relationship. By the end of these 4 years, he has closed all our joint accounts, signed my tax returns, goes out 4-5 nights a week without word of where, does not attend any of the kids activities ie, games, birthdays, school concerts, school conferences, teacher meetings, graduation activities, prom,homecoming, has gotten physical with myself and 2 older kids (both boys) police incident reports filed, went on a 2 week golf trip out of the country that I found out about by an email, has been caught by boys smoking(not cigarettes) controls all the money, giving me anywhere from 0 to 250 a month to raise the kids and take care of home(fyi he is a dr. golfs 3-4 times week at coutry club, kids go to private schools). I do not work outside of home because I do not get any help at home from him he does nothing but pay the bills.
now to the point, after I filed, i discovered he was having an affair with a well know sketchy woman, kicked him out which he did not fight, and continued with divorce proceedings. From May 1st until July 19th ( the day before mediation) he saw my daughter a total of 8 hours and those were set up by me. At mediation we came up with a verbal arrangement of 8-10 hours a week and spousal support which he followed neither saw her 0-2 hours a week and paid me half.
Now temporary orders have been set 6 weeks ago: 1 day a week and every other week-end. If he show up my daughter says I dont want to go, he says ok then leaves saying that he tried. The 9 hours he has spent with her the past 6 weeks were ones I set up. I have made them dinner, and offered to leave the house and he does not show up, left practices early so he could pick her up and spend time with her, and he does not show, he drives by our home 4-5 times a day his office is 6 blocks away and never stops to see her, I left the other night when he got there so they could do homework and talk, he called me within 12 seconds to say he had to leave and left before I got home. I has his Father out for dinner so my kids could see their grandfather, and he was 2 hours late. All this missed time with the kids he is taking trips with the , going to bars, seen by others drunk and obnoxious in public, and all of this with the girl who he has now moved in with and we are still legally married. My daughter asked her school counslor if he was going to the bad place for committing a mortal sin. She puts up a fight every time he comes and usually wins cause he does not try hard enough. He tells her the judge says we have to do this, or if you dont go the judge will talk to you which she replies" good I want to talk to him, and ask him why I have to go when you dont act like daddy should"
The first 8 scheduled visits I had her prepared to go, talked her into it, basically bribed her with a toy, then each time he was either an hour or so late or does not show up with no notice. One week-end we waited and later found out he was out of town on a trip with the girl as we are sitting there watching for him. He blocks my calls if he does not want me to reach him. All of this will be brought up at final hearing but my question is should I be seeking full full custody and does this make him an unfit parent.
I have done my share of bad behavior, sending mean texts to him and an email to the girl, and screamed and yelled at him on the phone where she heard me, but talk to her about it and apologize. When she tries to talk to him about why she is mad all he says is your mother put that in your head, or she made you say that, or dismisses any feelings she has, or says your mom made me leave so I cant be a real dad right now. She says you were not a real dad when you lived here. I have asked him to take her to counselling, listen to her, call her every day, stop by daily just to say hi. The only reason he is seeking any custody (joint which wont happen) is so he does not have to pay. Allimony and child support are also late or missing.Deciding on contempt charges but it costs alot and attorney fees already high.
what should I do


Custody and Visitation Issues: Should I Seek Sole Custody of 9 Year Old Daughter Because Dad Unfit

Starting a Business: Cyprus Company Registration - 2015

Registration of a Cyprus Company

A Cyprus company is being incorporated according to the Cyprus Company Law, CAP 113 and it is very similar, nearly identical, to the UK Companies Act.

A private Cyprus company requires at least one shareholder (maximum 50), at least one director, a secretary and a registered office address in Cyprus. The shareholder(s), director(s) and secretary may either be physical persons or legal entities. Their names and contact details are filed with the records of the Registrar of Companies which are publicly available for inspection. However, through the appointment of nominee/trustee shareholders the identity of the Beneficial Owner remains anonymous to the public and confidential between the trustee and the beneficiary.

Company Name Approval

For successful registration of a Cyprus company a company name must first be approved; such name must be unique and not already been registered and, it needs to end to "Limited" or "LTD". You need to ensure that a name is available prior to submitting an application for company name; this way will save you unnecessary costs.

In our effort to best serve our clients our Firm has a list of already approved company names for immediate use; please feel free requesting our pre-approved company names list.

Incorporation of a Cyprus Company

For incorporating a Cyprus company it is necessary that a Memorandum and Articles of Association is drafted and submitted to the Registrar of Companies and Official Receiver.

A Memorandum of Association will give the company's name, names of its' shareholders, the company's address and will list the activities that the Cyprus company intents to undertake. Generally, there are no limitations to what activities a Cyprus company can do, therefore a generally broad Memorandum of Association is recommended to be drafted covering all possible activities which may be necessary either in the process of its' business (ie holding company) or in the process of achieving its' business (ie taking loans or renting premises); however, certain operations may require advance license from a regulating body in order for a Cyprus company to operate as such (ie operating as investment firm requires an advance license issued by the Cyprus Securities and Exchange Commission (CySEC)).

The Articles of Association will generally define the way the company will be operating by specifying the board of directors' decision making process, voting rights, dividend policies, how shares may be transferred etc. It basically forms the shareholders' agreement of how the company will be governed in a way that they will best be secured.

Board of Directors

The board of directors is consisted of persons who will be managing the company on its' day-to-day business. For a Cyprus company which intents to take advantage of the Cyprus low corporate tax it is vital that the board of directors meets and take its' management decisions in Cyprus, so as to ensure that the company remains Cyprus tax resident.

Registration of Cyprus Company

For the incorporation of a Cyprus company, please submit the following:

Name and contact details
Preferred company name (please state 3 alternative names)
Name and address of Shareholder(s) or beneficial Shareholders (in case you wish to have anonymity)
Passport copy of shareholder(s) or beneficial owner(s); you may submit your passport(s) here:
Utility bill (electricity or water bill, bank statement with your name and residential address stated on it etc.) not older than 5 months old; You may submit your utility bill here:
Intended activities of the Cyprus company and location to which you intent to operate to.
Approximate annual income of the company

Having submitted the above, a member of our Firm will contact you within 12 hours for commencing the incorporation of your company. Additional information may be requested.

Time needed for Cyprus Company Formation

A company formation will very much depend to the Registrar of Companies, but generally should take between 10-15 business days (after a name is approved). For a quick set up you may choose a readily available company from our Shelf Companies lists. For more information please contact us here: http://bit.ly/1PNm6hm


Starting a Business: Cyprus Company Registration - 2015

Disestablishing Paternity: Does Her Biological Father Have Any Rights

My question involves paternity law for the State of: New York

I have a 5-year-old that the father has never seen, he is not on the birth certificate, never took him to court so no established paternity or child support. My daughter has my last name. When the father and I were together he became very threatening which was only made worse when we discovered I was pregnant. About 6 months pregnant, I ended the relationship, he began calling repeatedly leaving threatening messages (ex: "I hope you shoot yourself in the head"). Unfortunately, I didn't save any of the voice messages but I do have a few emails that he'd sent me and also I never got the police involved.

On to the present, I have been dating a man for 3 years and we are planning on getting married next year; both he and I want him to adopt my daughter. My question is: Does her biological father have any rights to my daughter? If so, what are they? Is there anything I can do to terminate his rights? Also, do you think my fiancee would be able to adopt her?

I am worried about going through with any courts (although I know I have to) in fear that all of that he will start up again with the calls and emails. I do NOT want to expose my daughter to anything like that.

Any advice is deeply appreciated.


Disestablishing Paternity: Does Her Biological Father Have Any Rights

Environmental Law: What is a Landowner's Responsibility for Hazardous Waste from a Prior Owner

My question involves real estate located in the State of: Ohio

Facts: man owns commercial property. He dies and and daughter inherits. She finds buried waste.

1.) what does she need to do to fall under innocent purchaser prtoection

2.) what actions should she take


Environmental Law: What is a Landowner's Responsibility for Hazardous Waste from a Prior Owner

Servicemembers Protections: Insubordination or Protected Communication Under a Commander's Open Door Policy

Good day, A brief prelude to my question; I am researching Army regs. for an Atty. whom is in the process gathering information to forward a brief to the Army Board of records review. The electronic communication is between a National Guard SSG ( Staff Sergeant ), and a CW3 ( Warrant Officer 3 ), who was the acting commander at the time of the communication. The SSG was in route to receive a commission as a 2LT with the Army Reserve as a result of obtaining a B.A., 16 years of service, a long with completion of all Senior NCO Schools. The SSG felt as if he had been wronged monetarily by an E7 which was acting as a 1SG. on his own accord.

I believe the SSG was trying to reach out to the commander for assistance with the thought that he was using chain of command being that his problem arose from the the E7/acting 1SG. From what I find in the regulation so far is that communication to a commander from a member of their unit is protected and considered " commander's open dooor policy ". Instead the CW3 commander did not respond and showed the electronic communication to the E7/ acting 1SG. It essentially turned into a big mess resulting in the E7/acting 1SG failing the SSG on an APFT and would not allow to retake the test and being put out with no hope in obtaining an officership. I will illustrate the Email here and please give me opinions if this would be considered Insubordination, or use of Commander's open door policy, which would include the communication being protected.

I ve got one prior USMC Infantry Officer, now esteemed trial labor Atty. says nothing is afoul with the Email, and then a prior USAF JAG mentions if his law clerk had written that to his' boss, he would think of it as insubordination. Keep in mind the " commander's open door policy " that states any soldier is free to speak directly to the commander of any issue he, or she may encounter.

Thank you so much for taking time to give any input .

Email with redaction begins below:
Quote:

I apologize Sir for the email. I was a bit upset at the time when I responded. I had just discovered I was on orders for one month, yet worked two, and was reprimanded in front of you as being a let down to the pre ARMS inspection.

In actuality we were transporting vehicles a lot and cleaning along with doing personnel favors for our acting 1SG. along with ARMS.

In 2008 he had you on speakerphone and brought my name up, and I heard my name being put down which was something hard to deal with, but I accepted and I have tried to do my best to prove I have capability and I swear I will never ever forget the trouble you put forth to help us going to WOCS. I am grateful that two damn good guys Pasco, and Welch were survivors. I gave Mr. Hood and Bubba Bryant all the skills to help them with WOCS thanks to you as well.

Now the thing I have to deal with is the acting 1SG has the idea I am a failure in commanders eyes, and free to act as he wishes. Last year he got $180
of football tickets from me and skipped when time to pay for them. I was told to report that, but did not.

As of right now I was on orders one month and called out for being on orders two months and being a screwup during this time for PRE-ARMS

Tired of having Major Generals, Lieutenant Colonels, and Majors saying I'm good to go and an E7 giving me grief. Please get with Major Corley and ask about CPT Keith Pate and SFC Cleveland's take on Officers. This happened while you were deployed.

Just felt very betrayed when I found out I was on orders for less than a month, and called out for two. That was just before I received the Additional duty email.

I sincerely apologize, and I respect you as a leader and as a mentor. That is has been one of my main reasons for


Servicemembers Protections: Insubordination or Protected Communication Under a Commander's Open Door Policy

Trials: Can You Be Required to Testify Against Your Spouse in a Domestic Violence Case

I got into an arguement last Friday night and my husband dialed the police and hung up, the police show up and see him yelling.

I made a statement saying that he just grabbed my face and somehow left a scratch and I had shoved him, they arrested him (I didn't know they'd do that and I regret it) they left him out on Sunday on a 100$ bond.

He has a court date on the 6th of October and I'm planning on trying not to get a subpoena

The thing is

-were married and I don't have to testify by law
-there are no photographic evidence
-I did not call police
-I am the only witness
-I did not sign anything that they wanted me to
-I called prosecutor to document that it was nothing much more than a verbal dispute and that I'm not trying to press charges and that I'm due in a few weeks and that I'm just hormonal and everything happened too fast and I have anxiety.


The thing is I called the police that had arrested hims phone that same night and left a voicemail asking was it confidential and then called again saying I was just mad and my scratch came from so and so

What evidence can they use in court? What can they do if they don't have a 911 call and a signature and photographic evidence? Also no other witnesses if I'm trying not to testify?


Trials: Can You Be Required to Testify Against Your Spouse in a Domestic Violence Case

Fraud: Debt Obligation

My question involves criminal law for the state of: Padova Italy


My name is Vicente, I am 72 years old. I would like to tell you a story about my friend Alberto Torresini, and we have been friends for quite a long time. This man is running a real estate company the sellthaihouse.com, he has been introducing himself a licensed an architect. Cut to the chase, Alberto borrowed 250, 000 USD from me because his company is collapsing that he needs money to back it up. I, as a very good friend who trusted a friend, I loaned him 250, 000 USD, the loan was made here in Padova, Italy with terms that he is going to pay it within 1 year, that was way back January 10 2013, it's already 2015. I have lost contact from him since 2014, little did I know he and his wife Araya Cha fled to Thailand from all the fraud they did in Italy. I met many people who have the same story with me. Alberto borrowed money from them but never pays and then flies to Thailand. What are the legal actions I can execute to get back my money considering that Alberto and Araya are gone to Thailand?


Fraud: Debt Obligation

Promotion: Refused Promotion Due to Errors in Attendance Record

My question involves labor and employment law for the state of: CA

My wife recently got a contingent offer in one of the County departments that matches her skills and qualification pending background check.
Six weeks after the check, she got a mail stating she did not have the Education and experience for the job and therefore could not be selected.

When she contacted the person who made the decision, she was told the rejection was not due to education or experience but rather it was due to her attendance. The specific attendance reference was
1. She had one call off from work that was wrongly reported as absence without excuse. (the person making the decision did not contact her supervisor for clarification)
2. She had a prolong absence from work for over six weeks from July – August 2015. The fact here is this in her attendance report they did not report she was on medical leave for heart surgery.
After clarifying these, the person in charge of the hiring requested her to provide her supervisor number and she was going to contact her later but cannot promise her the offer again.

Is there any ground for taking any legal action against this person or the employer?


Promotion: Refused Promotion Due to Errors in Attendance Record

mardi 29 septembre 2015

Other Injuries: Any Chance a Lawyer is Stealing Settlement Meant for My Son

My question involves an injury that occurred in the state of: California

I'm new, so I apologize if this is being posted in the wrong location.

I was involved in a car accident along with my two sons. After the accident, we called a small law firm and they quickly had us sign the forms for representation. At this time, my two sons and I signed the papers to be represented by the small law firm. One of my sons and I did physical therapy, but my 2nd son decided not to do it (against what the small law firm wanted). My 2nd son did not want to be a part of the case, but he never signed anything stating that he no longer wanted to be represented.

The small law firm handled the case and the result was that the opposing insurance company settled with us. When they sent the settlement papers, the scan showed that there should have been 3 pages, we only received 2. When we delayed the signature of the papers, the lawyer called and said $30,000 was just sitting there until we signed the papers. The settlement papers sent to us totaled to $17,500, not $30,000.

Is there any chance that the lawyers have forged the signature of my second son and somehow collected the money meant for him? Is there anyway of making sure this didn't happen?


Other Injuries: Any Chance a Lawyer is Stealing Settlement Meant for My Son

Divorce: Divorce

My question involves a marriage in the state of:Oregon

My question is my soon to be x-husband is living in the joint ownership home and has his girlfriend living with him, can I get her out?. He abandoned the home and was not helping me with any bills, therefore I had to file bankruptcy unable to afford it by myself. Therefore, he had to start making mortgage payments. His girlfriend sent me a text one day that they were moving in. So avoiding another physical confrontation with her, I left. I was then homeless. Our 2 boys ages 20 & 23 were living with me. They were pushed out as well. My soon to be x-husband was trying to get the boys to get the rest of their belongings. But he and his girlfriend changed the locks. My son entered the home thru a window that had an air conditioner in it and was open. So they got their stuff. My ( soon to be) x-husband and his girlfriend called the cops and charged our boys with felony burglary. The boys have managed to get charges dropped I believe, but say that my husband has claimed the house is his in the divorce and they know it is not final yet. My boys want me to get his girlfriend out cause it is not her home and she is claiming the house as hers. She is making changes to the home ect, This was their childhood home and she has just taken it. I am unemployed now due to stress and have no attorney. What can I do?
Thank You
Newlife


Divorce: Divorce

Retail Fraud / Shoplifting: Paid with Debit Card After Shoplifting

My question involves criminal law for the state of: Illinois

I have never shoplifted before in my life which is why this happened. I was scared and frightened when it happened. I was at Whole Foods with a bag full of flowers I had paid for at another grocery store. I was going into Whole Foods to buy a snack when I stopped by the flower and picked up 2 small bundles of flowers. As I was picking my food I threw the flowers in my bag not realizing that looks awfully wrong. When I went to the register to pay for my snack the lady asked me in a very scary way if I "picked" those flowers as she pointed in my bag and I panicked and said "no, I bought them at the market down the road" and showed her my receipt. I paid for my food STUPIDLY with my debit card. When I left and got home I couldn't stop thinking about it.

Would they come after me if they saw footage of me putting the flowers in my bag and matched it with my debit card payment that same day? Or am I just freaking out? I hate myself right now for not being brave and being so stupid :(:(


Retail Fraud / Shoplifting: Paid with Debit Card After Shoplifting

Modification of Support: How Can I Petition the Court to Nullify Back Child Support for My Ex Husband

My question involves child support in the State of: FL
My ex husband and I have 3 children together, ages 10, 11, and 14. We have been divorced for 4 years, very amicably. Our divorce was very agreeable and we did not have any dispute over custody or child support. Based on our income and the amount of time the children spent with each parent (4 days with me and 3 days with him) the court ordered that he would pay me $440 per month and we would split all other expenses involving the children until either our income changed or the children reached 18. Last year I was diagnosed with a chronic illness and could not take care of the children and my recovery at the same time. We agreed they would live with him full time for one year. However, his job requires him to work nights, instead of leaving them alone every evening or hiring a babysitter we agreed that in lieu of him continuing to pay child support and in lieu of going to courts to report the changes in fear that they would ask me to pay child support, which I was unable to- I was not working- I would pick the kids up from school 5 days a week at 3:20 PM and spend the evenings with them at his house until he got home around 12:30-1:00 AM. I would also spend Saturdays from 3pm until 1:00 or 2:00 AM. I would continue to buy food for them and help in any way I could. My question is, since we never went to court and had the CS changed, he owes from last October to now- is there a way to nullify what he owes? I now have custody of the kids full time since August 1st. He has now moved across the state to live in his mothers house and go to school full time- We would like to re-calibrate the CS and we are concerned as to what the ramifications will be since we never alerted the courts of the previous changes or the new ones. I'm looking for any advice on how to deal with this with out needing a lawyer, or at least to know if this is something we absolutely need a lawyer for. Thanks!!!!


Modification of Support: How Can I Petition the Court to Nullify Back Child Support for My Ex Husband

Establishing an Order: Help

My question involves child support in the State of: Fla

- - - Updated - - -

I live in Georgia but i have a warrant for child support in Florida when i go to court for child support case transfer in Georgia will i be detained?


Establishing an Order: Help

Adoption of Children: Step Parent Adoption in Florida

My question involves adoption law for the State of: Florida

My husband of three years wishes to adopt my 12 year old daughter. Her biological father has never been there never supported never even visited her. she does not know him. He is not in America and I do not know his current address. How do we go about this? I do not think I will be able to send him consent documents. Thank you.


Adoption of Children: Step Parent Adoption in Florida

Naturalization: Will a Shoplifting Incident Affect Naturalization if No Charges Were Filed

Hi, so I am 24 years old and have been living in the U.S. for 10 years in Texas and 6 months ago I got caught at Walmart for shoplifting $14 and I was hand-cuffed and then let go... All they took was my drivers license, no finger prints, no SSN, no picture, nothing and they didn't make me sign anything either... I never received any letters or anything... I wasn't even told not to go back in the store, I told the cops I was never coming back and they told me that I could go back as long as I didn't steal

So anyway, I am applying for my citizenship and I am freaking out, my parents don't know about this and idk what to do. If I contact a lawyer about this my parents will know... I am simply freaking out right now, my permanent resident card expires next year and now I am scared that if I get denied my citizenship then they will deport me to, I swear I am going crazy... Both my parents are brother are citizens already and I have a college degree and college debt

Will I be denied for this? I really believe there is no record or anything whatsoever, do I even need to say it in the forms??
What if I don't say it and then it pops up and they ask me about it in the interview? will I go to jail for not including it? I mean would simply say that since there was no records of anything that I didn't think it mattered

Please someone help me with this. I want to tell my parents cause I am freaking out but idk how to


Naturalization: Will a Shoplifting Incident Affect Naturalization if No Charges Were Filed

Expungement and Sealing: Massachusetts Expungement

My question involves criminal records for the state of: Massachusetts.

When my sister was charged with assault & battery, she got a suspended sentence and just had to finish probation. The court said her record would get expunged after finishing probation, so how does she go about checking that?
She seems to think it was going to get automatically expunged, and I guess she tried one of those background check sites where you pay $7, and her record was clean. I can't imagine those are that trustworthy, but who knows.
Does the court ever automatically erase your record? How can you find out if your record has been expunged?

Thanks!


Expungement and Sealing: Massachusetts Expungement

Civil Rights Issues: Double Jeopardy Question- Different Charges from Same Offense

My question involves civil rights in the US, specifically double jeopardy.


If someone is eventually acquitted of assault, but the victim dies of his injuries soon afterward, can that person be charged with manslaughter? These are obviously different charges, but they result from the same offense, so how does this relate to double jeopardy? If the defendant is acquitted of assault, and the assault is what caused the victim's death, is he protected from murder charges?

Thanks for you're help!


Civil Rights Issues: Double Jeopardy Question- Different Charges from Same Offense

Repair and Maintenance: My Apartment Complex is Suppose to Be Prewired but My Unit Got Skipped Over

My question involves landlord-tenant law in the State of: Pennsylvania

The large apartment complex I live in is suppose to be prewired for Cable/Internet service with Comcast. I've had the technicians over twice to attempt to connect my internet only to find out that a cable/internet line was never run from the tap box, though the building, and into to the outlet panel in my unit. My unit is too far up and and away from the tap box to run the cable outside and through my window.

Comcast is saying that running the line is my landlord's responsibility since the complex is suppose to be prewired and I've spoken to several of my neighbors and they said that their units were already wired.

But some of the treads here are saying that landlord isn't responsible for providing me with a cable/internet access. I've been trying to get building management them to help me resolve this issue but they've been dragging their butts and being generally unresponsive.

So Comcast doesn't want to do it and it seems that my landlord doesn't want to do it. Unfortunately Comcast is the only provider to high speed broadband internet for my apartment complex.

What now?!


Repair and Maintenance: My Apartment Complex is Suppose to Be Prewired but My Unit Got Skipped Over

Discovery: Should I Request SMD Certification in a Discovery Request

My question involves traffic court in the State of: Washington

I'm using the template from Barry's Procedural Guide. However, I'm thinking about removing the part about SMD certification. My case is filed in a different municipality than the officer's police department. I'm hoping that the SMD is not on file with my municipal court and I could motion for suppression. I don't want to remind the prosecutor to go bug the other municipal for the certificate. Of course I'd go check with my court if they have the SMD cert once I get the officer's statement and the RADAR info.

Is this sound or am I totally off and should not modify the Discovery template from the Procedural guide?


Discovery: Should I Request SMD Certification in a Discovery Request

Debt Collectors: Can You Charge a Finance Charge on an Unpaid Finance Charge

My question involves business law in the state of: Nebraska
I work for a physical therapy office and I do all the billing and it has been brought to my attention regarding if when we apply a finance charge do we use the whole balance, even if it includes finance charges from the prior month, or just the overdue balance from the services provided.


Debt Collectors: Can You Charge a Finance Charge on an Unpaid Finance Charge

Cleaning and Repairs: Ex-Townhouse Landlord Charging Me for Fallen Tree on Property

My question involves landlord-tenant law in the State of: Georgia

I just moved out of a townhouse community and am being charged $1050 for a tree that fell months ago in my front yard.

The tree did no damage upon falling and I have photos of when and where the tree fell. I learned recently the landlord confronted my roommates (whom I don't get along with and each rent their own room) about the tree months ago and warned them they would be charged for the damages, so they said I chopped it down. Months prior to the tree falling, I submitted documentation to try and switch units because it was very difficult to live with my roommates. There is no other evidence that I was involved with the tree.

I put in writing to the landlord that I am disputing the charges about 10 days ago and they've been avoiding me. I went to magistrate court today to see if I could preemptively counter-sue/dispute but I can't because the landlord has not started the legal process yet. What are the chances this is dropped and what should I be doing to get ready for court?


Cleaning and Repairs: Ex-Townhouse Landlord Charging Me for Fallen Tree on Property

Sentencing: Deferred Sentencing in Mi for Felony Non-Payment of Child Support

Has anyone in MI ever heard about or dealt with a case where a person is charged with a felony for non-payment of child support, and received a deferred or delayed sentencing?

The person I am curious about was given one year to pay off his arrears ($8000), and has paid about $275. Do they give third chances? Do many people actually go to jail or prison over child support?


Sentencing: Deferred Sentencing in Mi for Felony Non-Payment of Child Support

Probation and Parole: Driving on a Suspended License While on Probation

My question involves criminal law for the state of: Massachusetts

I was on probation for driving after suspension some time ago. While on probation I was arrested for OUI(2) and 35 days or so later I was arrested again for driving after a chemical test failure. At that point the substitute judge in court that day violated my probation and sentenced me to 10 days suspended in the HOC. Six months later I was caught driving again but never called in to court. Now the probation is up and it turns out that the reason I wasn't called in is because the court incorrectly marked me down as being sentenced (and completing) the 10 days, as opposed to getting a suspended sentence.

My PO for the OUI knows all of this and doesn't seem to care. I just want to stay out of trouble, get off probation and someday get my license back. Am I better off letting sleeping dogs lie or should I contact the court that screwed up and let them know the facts? I've never been to jail before and I don't want to go now, but I want to do what's best for the long term.


Probation and Parole: Driving on a Suspended License While on Probation

The Problem with Medical Marijuana

Recently Former Nevada State Assemblyman William Horne proposed legislation that would allow medical marijuana users to drive and not necessarily be prosecuted for driving because they have some marijuana in their blood.

Currently, the amount of marijuana that gives rise to prosecution is not only slight, but also includes marijuana "metabolite," which is essentially marijuana that has metabolized and is no longer active. Prosecuting for metabolite of controlled substances paves the way for convictions of people who were not impaired or under the influence. A person who smoked days earlier is still in violation of Nevada DUI law. A chronic, habitual or medical users are effectively prohibited from driving legally in Nevada. If you're not high and don't admit to having smoked, how would the police know your blood is contaminated? How about being a registered marijuana user? Once they "run" your I.D., they'll see your marijuana user registration and will have no difficulty writing a report to justify an arrest. Once arrested , a blood draw will show marijuana or metabolite and you'll being taking DUI classes in no time. Additionally, I often get clients charged with more serious offenses like possession of a controlled substance (NRS 453.336) for substances found during a subsequent inventory search of the arrestee's car, clothes or possession. Now you have a felony to defend against and you hadn't even smoked in days. How does that marijuana made easy card sound now? To avoid a misdemeanor, people are setting themselves up for DUIs and other felonies.

The current law allowing prosecution for marijuana or cocaine metabolite is the equivalent of prosecuting for blood sugar (alcohol metabolizes into sugar). The high is gone, but the user is still unable to legally drive. A medical marijuana card alerts police to the high likelihood that a blood draw will result in a positive test for marijuana or marijuana metabolite.

Mr. Horne's bill would force the State to prove that a person with marijuana in their system was impaired or under the influence at the time of driving. Proving impaired driving is done all the time and is not an unfair burden on the State. Currently a person charged with DUI when their blood alcohol level is under .08 requires the State to prove impaired driving. A person over .08 or with marijuana/metabolite in their system does not require proof of impaired driving. A person simply speeding or struck by another motorist can lead to a DUI arrest and conviction if they are over .08 BAC regardless of how good they were driving. On, the other hand, a person under .08 BAC who is not "legally drunk", can only be convicted if impaired driving is proven.

So what's the problem with that? Medical Marijuana card are nothing more than a red flag and a target on the possessor's back. A medical marijuana card tells the state and law enforcement who the marijuana users are. Marijuana is still illegal under federal law and most state laws. Aside from the affects on a user's body and mind, being a marijuana user can affect a variety of legal statuses.

Significantly, users of marijuana are prohibited from owning a possessing firearms under federal law and subject a violated to lengthy prison terms in federal prison. A person getting a medical marijuana card to avoid a minor misdemeanor put themselves in jeopardy of a more serious felony. Admitting marijuana use to the extent of getting a medical card clearly puts the user in a conflict if the possession of a firearm has any meaning to them now or in the future.

Impaired driving is dangerous and the law should address impairment, not restrict the freedom of everyone. An outright prohibition against driving with any controlled substance, prescribed or otherwise, in a person's system leads to arbitrary and discriminatory enforcement of the law. Drunk driving is only illegal when it is tied to impairment. Drinking and driving is not per se illegal. If it were, bars would be prohibited from having parking lots. While there is an abundance of evidence to prove that alcohol impairs driving at a certain level, there is insufficient evidence to prove impairment at any particular level for marijuana, cocaine and methamphetamine. There is no study to support metabolized marijuana and cocaine impair driving anymore than metabolized alcohol. Under the presumption of innocence that is supposed to guide the criminal justice system, whether it's marijuana, cocaine, alcohol or Xanax, the Nevada should be required to prove impaired driving to arrest or convict a driver.

While impairment should be the basis for any DUI, people should not get lulled into a medical marijuana card without considering the collateral ramifications. Consult a local Nevada criminal defense attorney to discuss the benefits and drawbacks of a medical marijuana card.


The Problem with Medical Marijuana

Other Issues: Sponsor Problem

So my girlfriend is Canadian and we're trying to change that. Her birth mother is a US citizen, however she went to go live in Canada for a little while before moving back to the states, but came back under a different name apparently to avoid paying something. I don't know the full details of that but that's the gist of it. We have the money, we have 95% of the documents needed to make her a resident or give her a green card...but apparently one of the important things is that she needs a sponsor and it needs to be a relative? There's only one relative of hers living in the states and that's her mother who's practically living off the grid. I can get into more specifics later when I discuss it with her again but I'm hoping someone has some sort of idea of what I'm talking about. I know marriage/engagement is another option to get her over here but I'm trying to avoid it for now if I can.

A few more details:
Her mother can't find her birth certificate to prove she is a citizen, she does have a passport though, and apparently doesn't have to file her taxes because she makes too little. She's a mess. According to someone, she's not eligible to sponsor her own daughter. So...is it possible for, let's say, my family to sponsor her instead? Getting over this issue would fix everything.


Other Issues: Sponsor Problem

Other Issues: Worked During 30 Days J-1 Visa Grace Period

Good Afternoon,

I held a J-1 student Visa Status for over 5 years . I completed College and then was able to get an Academic Training for about a year and a Half. at the time I was not aware that I was not supposed to work during the 30 day Grace period so ended up working for about three weeks for the company that was sponsoring my status, I returned home prior the end of the Grace period. Now I want to go to the US embassy to get a tourist visa .

What are my chances ?
Will they consider banning my entry to the US from 3-10 years?
In other words what is the penalty i will get for working during the 30 day grace period ( I returned to my home country prior the culmination of the 30 days)

Thanks,
Victor.


Other Issues: Worked During 30 Days J-1 Visa Grace Period

Discovery: Speeding Ticket for 75+ in 65 MPH Zone, VC 22349(A)

My question involves traffic court in the State of: CA

A few months back, i received a speeding ticket from the CHP for violation section 22349(a) VC Speed 65+ (A couple lines down, he wrote " 87 mph at 1010' "). The alleged violation happened in Alameda County

I lost in the Trial by declaration, and requested a Trial de Novo, and the trial date is in a couple of weeks. This trial date is exactly 45 days from the date I requested the Trial de Novo.

I submitted a discovery request to the Alameda County District Attorney a couple of weeks back. I got a reply back from them stating that they are "unable to assist me since their office does not prosecute traffic infractions." They referred to Vehicle Code 40901 ; People v. Carlucci(1979) 23 Cal.3d 249; and People ex rel. Kottmeier v minicipal Court (1990) 220 Cal.App.3d 602, 610

Since I was stopped by the CHP in Alameda county, I sent the discovery request to the County DA. Should I send this to the CHP? or some other entity?

Any help is appreciated!


Discovery: Speeding Ticket for 75+ in 65 MPH Zone, VC 22349(A)

Arrest Warrants: Felony Possession Warrant Filed with No Evidence to Support

My question involves criminal law for the state of: oklahoma

DA investigator escorting DA office probation officer show up at my residence to arrest family member on a motion to revoke. end up arresting another family member who was also on probation after finding para and cds in their seperate living quarters. i was not arrested, had no warrants, no illegal items where found in my house. six days later a felony warrant for my arrest was issued. criminal felony proceedings filed in district court, poss of cds-fel and poss of para-misd. How can they even do that? file poss charges without ever finding me in poss of anything and not arresting me at the scene??


Arrest Warrants: Felony Possession Warrant Filed with No Evidence to Support

Garnishment and Execution: Is a County Pension Exempt from Garnishment

My question involves judgment recovery in the State of: California

My wife just lost a judgment many times greater than our net worth. As I try to stop reeling from this and start looking for strategies, I have an important question. I am a county worker and will eventually receive a pension, and searching documents online leads me to believe that my pension will be at least partially exempt. Can someone describe in plain English how vulnerable it will be? We were married the entire time I was working for the county. If it matters, the finding was fraud. Any insight here will be greatly appreciated.


Garnishment and Execution: Is a County Pension Exempt from Garnishment

Modification of Support: How to Modify a Child Support Order Without a Lawyer

My question involves child support in the State of: Missouri
I want the courts to look at my support agreement and can not afford a attorney. I have residential 50 percent custody of my child. My support is taken directly from my paycheck. this order is 4 years old now. that said my question. My child lives with me full time registered in my school district. Ex Wife does not have a address of her own. The only time my Ex is really spent with her is when I allow her to come to my house. I pay for all activities , medical expenses and insurance etc. in short I struggle to keep up with basic expenses and the money given in support would go a long way to actually support my child.


Modification of Support: How to Modify a Child Support Order Without a Lawyer

Speeding Tickets: Did I Get a Construction Zone Ticket or Not

My question involves a traffic ticket from the state of: California

MY Backstory:
Tonight I was pulled over for speeding. it was 1230 am. I had my cruise control set to 75, driving from San diego to LA. very few people on the road. I approached a construction zone, where workers were working, that had signs posted saying slow trucks 55mph. I assumed (incorrectly obviously) that it was for Semi trucks as they are bigger and is common on highways that the speed limit was 55mph for them in certain, 65 for an average car. i told that to the officer when he asked. side note: I know i was speeding and i do not contest that at all. my fault for not knowing the law. I did not admit my speed to the officer, and was cited at 73mph by his pacing, no radar.

My Question:

His notes State:

22349 a vc 65mph speed limit, and indicated "infraction"

he then added 2 notes on a lower line with no indicated markings of misdemeanor or :
Reduced speed 55mph
Construction zone "4" signs

Speed approx: 73
P.F./Max speed: 65
Veh limit: 55

It is my understanding that Construction zone tickets in California carry a separate VC of 22350...
I haven't received my "Courtesy notice" yet, is there any quick way to determine if i'm going be charged as a construction zone (73 in a 55 double fine) or not (73 in a 65) or some variation of both (73 in 55 but not double fine)? The information is confusing. And I may as well ask if theres any grounds to fight it or get a reduced fine because he wrote a simple speeding code, not the construction zone one?

Any advice is welcome. Im pretty set on paying the fine, i've accepted that fact, i was wrong, i'm just hoping i'm not going to get hammered to hard. I saw some quote of a $900 fine, which just seems unreal to me, i was only cited at 18 miles over the speed limit and only 8 if it was a 65 zone.


Speeding Tickets: Did I Get a Construction Zone Ticket or Not

Traffic Accidents: Is a City Liable for an Accident After its Employee Chases You

My question involves an injury that occurred in the state of: New Jersey

A city parks employee who does parks maintenance for the park chased me in a city registered and owned parks car for riding in the park on an illegal moped. I was on the street at the time and he chased me and I entered the park because I didn't know who was speeding up on me.

He entered the actual park on the grass with his parks vehicle where nobody is supposed to drive and I broke a bone and had shoulder injury. Witnesses are there to see what happened and he claimed I was riding fast in the park, and was very mad.

The moped is more like a bicycle with a small motor that I can turn on or off. The city employee is not parks police. He never said anything about a citizen arrest, I just saw a car behind me reving it's engine and I entered the park to get off the street as quickly as I could, and when his vehicle entered the park on the grass he pushed me into a tree from behind.

I have a couple of questions.

1) is the city responsible for his actions as an employee even though he is not parks police and he shouldn't be chasing people with the car. Can the city say they are not responsible for his actions because he shouldn't have done what he did, what he did was criminal, and doesn't have the authority to chase people and that was not his job to do that? Remember, I got injured in the park he works at and he said after the accident I was riding before in the park. He was also driving a city marked and registered parks car and was probably working at the time because he was using the car.

2) Since I was driving an illegal moped, a bicycle with a small motor, can he not be at fault because I was driving something illegal which gives him the right to stop me? Could he argue that I was riding in the park in the past many times and putting people in danger and he needed to stop me with force because I was a deadly threat or something? Remember, at the time I was in the street minding my own business, plus the fastest I can go is like 30-35MPH speed and the last thing I want to do is hit anything on a bike because I am basically on a bicycle and I will get hurt.


Traffic Accidents: Is a City Liable for an Accident After its Employee Chases You

lundi 28 septembre 2015

Establishing an Order: How to Get Out of State Travel Restrictions for Visitation

My question involves a child custody case from the State of:California

I’m about to start divorce proceedings. Most likely, it will be a non-contested divorce. However, I’m deeply concerned about my (soon to be ex) husband’s emotional state and, if at all possible, would like to place some restrictions on visitations and overnight stays. Specifically, can I restrict my ex-husband to take my kids out of state to visit his relatives?
Thanks in advance!


Establishing an Order: How to Get Out of State Travel Restrictions for Visitation

Retail Fraud / Shoplifting: Contacted for Payment After Failing to Pay a Civil Demand

My question involves criminal law for the state of: Maryland

I know a similar question was asked about this, because i did a little research and this forum came up in my google search, but my case is slightly different.

A few months ago, specifically July 1st, 2015, I was caught shoplifting at JCPenney. The items I attempted to steal were worth a total amount of $106. An employee told me to come back to the store as I was walking towards my car, and I went to a back room. They took my information, a picture, and the police were called in, so I guess it was technically an arrest? Anyways, they let me go without a citation, or banning me from the store or the mall or anything.

As soon as I got home, I did research on what was going to happen, and a different online lawyer site told me that I would receive a letter demanding double the cost of the stolen merchandise, which I did, and that I SHOULD NOT pay it. So I didn't pay it, and I received another one until I left for college, and then another one after I was gone. Thats when my parents found out (they were surprisingly forgiving, thank god) and I told my mom that all the online lawyer sites I searched said not to pay the demand, so she didn't.

I got a call last week from the firm that represents JCPenney telling me I had to pay them $212 by the 30th of September. The lady told me I should pay whatever I can and they would set me up on some sort of plan to pay the rest over time since I'm a broke college student and thats why I tried to steal stuff in the first place. :wallbang:

here comes the questions:
1. should I pay the demand? I saw on the other, similar post on here that I SHOULD pay the fine, and other sites said I should NOT, so I'm confused on what to do.
2. If I don't pay the demand, what are the chances of me going to court, and how bad will that get? will it stay on my permanent records? in detail please
3. If I do pay the demand, will the shoplifting incident stay on my permanent records? will I lose my scholarships? will the incident follow me for the rest of my life?


Retail Fraud / Shoplifting: Contacted for Payment After Failing to Pay a Civil Demand

Hearings and Trials: How to Submit Form TR-205 for a Trial by Written Declaration

My question involves traffic court in the State of: California

Hi, I'm just a little confused about how to request to the court that I want a trial by written declaration.

When I initially mail the court house to notify them I want to have a trial by written declaration, do I:

mail in the TR-205 form with the second page filled out with the bail included? And once it is received by the court, the clerk will fill out the rest and send it to a judge for his/her decision OR do I simply mail a letter stating I would like a tbwd and include my citation number? From there the clerk mails the TR-205 form to me with the first page filled out, and that's when I fill out the rest of the form and mail it back with the bail amount included.

Basically I don't know whether I am supposed to send in the TR-205 form myself or request a tbwd in a letter to the courthouse and wait for the form to be sent to me. I've read the description online but the way it is worded is confusing to me. I apologize if this is a stupid question.

Thanks


Hearings and Trials: How to Submit Form TR-205 for a Trial by Written Declaration

Theft and Larceny: When Can Multiple Acts of Theft be Aggregated for a Single Charge

My question involves criminal law for the state of: Iowa

In the Code section on Theft, the Iowa Code states:

If money or property is stolen from the same person or location by two or more acts, or
from different persons by two or more acts which occur in approximately the same location
or time period, or from different locations by two or more acts within a thirty-day period,
so that the thefts are attributable to a single scheme, plan, or conspiracy, these acts may be
considered a single theft and the value may be the total value of all the property stolen.


So, who determines whether a number of thefts are "attributable to a single scheme, plan, or conspiracy"?
Is this something that the Prosecutor or Judge has to positively affirm? Or if only one count is charged for 2 or more acts or incidents in the complaint, and this is accepted by the Prosecutor and Court, that is what is being asserted?

Thanks


Theft and Larceny: When Can Multiple Acts of Theft be Aggregated for a Single Charge

Federal Taxes: Notice of Levy Issued for a Federal Tax Debt

I was just sent a notice for a balance of $684.24 from 2013 taxes, for 2014 I owe about 1700, so the total tax liability is around $2400. Currently, I am a student and not employed, I don't own a car or a house, and the only money I have right now is coming from student loan refunds, this is deposited into a higher one checking account. I do not have the ability to pay the taxes. At one point in time back in 2014 i did have an agreement with them for the 2013 debt, but I was out of work and wasn't able to make the payments after making about 6 months worth of payments. I went through a chapter 7 bankruptcy after the job loss, which was discharged about a month ago. They did take my federal refund for my 2014 taxes, I will probably have a very small refund (less than 1k) for 2015 they will take.

Main questions:
Can the financial aid refunds be taken?
Is the IRS actually going to levy me beyond taking my 2015 refund seeing as I don't own any real property or have an income? The only stuff I own really right now is the regular stuff like clothes, and then school books and a computer. No cars or anything like that.

Just trying to figure out what I'm up against and what the best action to take would be.


Federal Taxes: Notice of Levy Issued for a Federal Tax Debt

Breaking Up: Can Your Ex-Fiance Lock You Out of the House

My question involves landlord-tenant law in the State of: Florida (Volusia County)
I left my house after a argument for the weekend to stay at a family members house. My fiance decided to tell me it's over after 3 years of living together and that I am not welcomed back in the house. I have proof I live there and have lived there. I have mail, drivers license, etc. I even have a notorized paper stating my children & I live there. However the house is in his name only. I do give him money each month for bills. My question is can I return to my home and he will have to serve me eviction papers or can I not even go into the house. All my furniture, clothes, animals etc are there. I also have the key unless he changed the locks over the weekend.


Breaking Up: Can Your Ex-Fiance Lock You Out of the House

Medical Malpractice: Severe Pain and Disability Following Back Surgery

My question involves medical malpractice in the state of: CALIFORNIA

On October 8, 2013 I had an operation on my back to relieve a bulging disc. Prior to the operation I had just a constant gnawing ache. Now I am almost disabled. Meaning that when I woke up, I immediately could not feel my left leg. Less than 24 hrs. later blisters appeared on the calf portion of my leg. My foot was numb and feels like wood. MY Toes move involuntarily. constantly. I told this to the Nurses standing there (making sure that I wouldn't fall out) making sure that I could go home. But they did nor said nothing. I have complained frequently.

I was told that these things that time to heal and be glad that I wasn't 7ft tall. I am 5'3". Everyday (I am not exaggeratedly) everyday it gotten worst and it is worsting. I can't seem to get help. No one wants to be bothered or help. I have gone to and seen several doctors in my HMO. All that I am given are PILL'S. It's like I have been given up for DEAD! The Pill's all they do is numb my brain. I have (bits) of clarity. But pain is the ONLY constant thing in my life right now.

What can I do and how can I make my Doctors pay for what they have done to me. I mean, I cry everyday. I am only half the person that I use to be! Nothing but PAIN PAIN PAIN.... the Operation also caused my body to go into a Fybromyalgia & early Diabetic Neuropathy state! (although my diabetes is under control) by losing weight... With all of this also, I discovered that they placed sensitive information into my files and falsehoods causing the Auto Insurance Carrier in offering to pay me a lesser amount. And it appears that Their Doctor ran with it. Inflating information.


Medical Malpractice: Severe Pain and Disability Following Back Surgery

Probation and Parole: Possession of Weapons While on Probation

My question involves criminal law for the state of: NCuestion involves criminal law for the state of: NC
Thank you in advance for helping me. I am currently on supervised Probation for a misdemeanor driving while license revoked. From day 1 I have been the nicest a person could possibly be to my P.O. Well on her first home visit she comes in and tells me I must remove every knife and gun and bow and arrow from my home. I had already moved my gun to a relative who put them in his gun safe.
For 6 years I have made a living selling survival weapons online so I would say I had at the least 120 knives in my work room. I also had my bow and arrow stored there also. At that time I did not know my probation required me to remove any thing that can be deemed a weapon. I had my expensive knives hanging on my walls of my office. My PO told me that I had remove everything. So, I did. My wife and I searched every nook and cranny of our home and removed everything we had to a relatives home and had them lock them in their safe. Saturday my PO calls and says she will be coming by Monday before 12pm so I needed to be there. I said fine and thanked her for letting me know so I would be sure I was home.
My wife doesnt work Mondays so she was sleeping in. I got up, got dressed and waited for my PO. At 8:35 I heard her car door shut so I went to open the door. Whooow man was I surprised! She had brought 5 other police with her to search my home. She came in and asked who else was here. I told her just my wife and I and my wife was asleep. She went to the bedroom and yelled at her to wake her up. Then she made my wife come to the living room where I was sitting. All 6 probation and police officers were standing in my living room. She then handcuffed me AND my wife (who is 42 years old and NEVER broken any laws). Needless to say this really pissed my wife off bad.
2 cops stood in front of us while the others searched. I picked up my phone because I wanted to video document what was taking place. The cop told me to put the phone down and I couldnt record at all... on my own property!
She said I was on probation and she called the shots. So I asked her since my wife had nothing to do with my probation, she had the right to record. She said yes she does have the right to record. So, my wife reached over to pick up the phone and the female who had just agreed she had the right to record snatched the phone from her and told her she couldnt record anything. So, I bit my tongue and let them abuse their power. After searching for about 10 minutes one of the cops came to the living room and asked why I didnt inform him there was a firearm on the top shelf of our walk in closet, hidden under some towels. I told him I had no idea what he was talking about. (Honestly I didnt) ....then my wife spoke up and told him she had put her gun there after work on Friday. It is her gun and its registered to her legally. He asked her if she knew I wasnt supposed to be anywhere that i could access a firearm. She said she did not know that applied to her pistol because she usually leaves it in the car. She carries it for her protection because she works until 8 and 9pm sometimes alone (she is a 25 yr hair stylist) Most days she is the only person working that late, and not to long ago at another salon a lady was leaving and while she was locking up the salon, a African American slashed her throat and took her purse. That woman died over $75.00 that was in her purse. Ever since that my wife has carried a pistol to and from work. The Friday before they searched she forgot to remove it from her purse so when she went inside her side of the closet she just put it under some of her clothes ect. She honestly did not know that could get me in trouble. The cop told her as long as it come back registered in her name he would leave it unloaded and she could go lock it up anywhere as long as i didn't have access to it. My PO went and got her gun and seized it. She would not even tell my wife how to get it back. My wife was furious. After searching my entie house, thats all the found. My PO decided to search our garage. I thought that would be fine until she came back with 2 unfinished survival spears that neither my wife or I remembered being there. Actually when I put them there they were intended to be thrown away because the customer changed his mind. Unfinished, I put them out to be thrown away. Unfortunately the had fallen over behind my huge toolbox and I forgot about them....until she told me where she found them.
Eventually they all left and she took the 2 unfinished spears and my wifes hand gun. So my wife calls my POs superior to ask what does she have to do to get her legally owned firearm back. My POs superior was not there so she left a message and her number. As soon as she hung the phone up my PO called back and would not tell her anything about her gun, then told my wife she was writing me up for probation violation. She would not even tell her why.
So, this is where we stand now. My questions are:
1. Is it not a violation of my wifes civil rights because they handcuffed her in her own home?
2. Is it not a violation of her rights to not allow her to record what was going on in her own home?
3. What happens if my PO writes me up for violating my probation even though I honesty did not know any of the 3 things were in my home?
***Please consider the following.... I am on misdemeanor probation for a simple non violent driving violation. I have never committed a felony, nor been charged with one. My wife legally purchased the pistol and its registered to her. I respectfully removed around 120 or more (what I thought was all of them) from my home. Not being able to continue producing my survival business, I am struggling to make ends meet.
Can anyone please give me some advice? If you have any questions to help you understand please feel free to post them and I will answer you.
Thank you so much.


Probation and Parole: Possession of Weapons While on Probation

Repair and Maintenance: Does Your Landlord Have to Repay the Cost of Lock Repair

My question involves landlord-tenant law in the State of: New York

I lost my key and on Sunday, I had to get a new lock put in. I knew it was going to be pricey - the lease contract that I signed said something around the cost of $200-$300 for a lockout. When I tried calling the 24 hour number that management provided me with, no one answered. I later found out that the number that management provided me was incorrect and have an email as proof. I then called the number written on the doorknob of my apartment that said something along the lines of, if locked out, call this number. This is posted on many people’s doorknobs and it looks official. The person on the phone told me that the price would vary depending on the type of lock that needed to be replaced. When they came, they quoted me around $250. This sounded along the lines of the price per the contract, so I didn't question it. As the locksmith was trying to get into my door, he was unsuccessful. He called someone else to come over and help out and they said that the door's lock was broken and as a result, it would cost an additional $600 for them to replace the entire thing. He said not to worry, that the apartment's property management would cover that cost because the $600 was related to the door being broken. After speaking with Management, they told me that this was not the correct phone number to call to get my locks fixed and that someone just came and put that on my door and it was unrelated to them. I think it is ridiculous that I followed proper protocol, called the 24 hour number which was wrong per management and only then did I proceed to call the phone number written on the door knob. I believe that I am entitled to $600 related to the broken lock. Any thoughts on this?


Repair and Maintenance: Does Your Landlord Have to Repay the Cost of Lock Repair

Discovery: Where Do You Send a Traffic Court Discovery Request

My question involves traffic court in the State of: California


Hello:

I'm looking to contest a traffic ticket in California by filing a Trial By Written Declaration. I'm also hoping to write up a discovery request in the meantime. However I'm confused as to which County's DA or which City's attorney needs to receive my request. Is it the county/city which the court is in (Alameda/Fremont), the county/city in which I was cited (which is in question since this happened on a bridge) or the county/city in which the police agency of the officer is? All of them are different. I've also called the traffic court and they said send it to us, and they are not sure if it needs to go to the DA. I'm also planning on sending one to the CHP department of the officer.

Also, has anyone ever used the fact that the discovery wasn't responded to in order to file a pre-trial motion to dismiss before submitting their TBD? I'm hoping to use the notes from the officer to prep for my TBD. If I get no response, I'm wondering if I can go to court and not ever have to even write my TBD, but just get the whole thing dismissed.

I've searched the forums and can't find this situation specifically so hopefully I'm not repeating other questions.

Thanks in advance!


Discovery: Where Do You Send a Traffic Court Discovery Request

Establishing an Order: Sole Custody After Abandonment

My question involves a child custody case from the State of New York. I am giving birth in 2 weeks and my child's father wants nothing to do with my child or I. I am uncertain of where he is but I'm afraid one day he will try to come back and take my child. What do I need to file to ensure I have legal rights to sole custody of my child. Also when I go to Suffolk County family court what will I need to bring and what rights does my child and myself have?


Establishing an Order: Sole Custody After Abandonment

Probation and Parole: Money Was Not Properly Credited to Restitution

My question involves criminal law for the state of: Pennsylvania

I had a criminal case back in Oct 2013 where I accepted entrance into the ARD program for 2 years + pay restitution to avoid the cost of going to trial. My employer held a $600 paycheck towards the restitution owed. This was brought up at the court hearing and the judge verbally noted that he would subtract it from what I owe, but somehow this never made it over to actual court order. Now that my ARD is about to end, the clerk of courts office is saying I still owe money and that there is nothing in there about the check held. I tried to reach my attorney but it says he is out of town for two weeks and that is when my ARD ends. I don't have an additional $600 to pay right now because I can't even get a job at Walmart with ARD on my background. I have called the court administrator's office asking for a transcript and they are supposed to find out who the court reporter was and get back to me with a price for me to obtain the transcript. Is there a motion that I can file to have the court order amended to include the paycheck that was supposed to be in there? The judge that I was in front of has since retired. Thank You.


Probation and Parole: Money Was Not Properly Credited to Restitution