Retail Fraud / Shoplifting: Plea Offer How Do I Know

My question involves criminal law for the state of: Florida.

Okay if it matters i live in the palm beach area. Really simple. I was arrested of shoplifting in a department store and went to jail and had a 100$ bail and paid a cash bond. This was the 1st time i was ever booked for something i did. The department store went back in there video's i guess and said they had me on camera for 2 other times months beforehand so i was charged with petty thief under 100$ total of 3 charges. On my record it states 1st offense. I am not going to go into how stupid i was and do not need someone putting me down just a simple question for someone who is not going to ever get in trouble again.

I went to my 1st court date and was offered 6 months probation a small fine and a few hours of service. And for the other 2 i was offered 55 days in jail. Now to me this was really way out there for a 1st time offense as it states on my court records.

I got a lawyer and he told me he thought he could get a good deal. Well after 3 months of him going to court alone for pre trail conference dates etc as he told me i was not to go to court unless he told me to. He also stated that it would take awhile to get the best deal.

Well last week was Docket Sounding date and also a trial date set for the 13th of June. Well i knew i was going to this court date because it was the last date before trail. Well i got there 10 min early and did not see him. I went in and seen all the public defenders talking to there clients and 1 by 1 going up and taking a plea offer or going to trail. Well i found out he called the court and told them his car broke down just outside Orlando and was not going to be able to be there. Now this lawyer has a good rep from the reviews i read but car break down? really?. So i went up and the judge told me what i knew about him not being there and set the trail date for the 13th and said for me to contact my lawyer.

Well my lawyer called me the next day and said he was sorry he did not make it there and said he had a offer to give me which was 1 year probation and 30 days of working for the county police department. Now i remember the judge way back at my 1st court date saying that if people got jail time they may be able to get something like that where you work 1 day a week for the county so to me it is like 30 days in jail.

Anyway all of this for my question which is how do i know my lawyer fought for the best offer he could get me? he never made it to court to even get a offer from the DA so i guess he called or had this offer for awhile now. So how do you know if my lawyer fought for the best offer he could get or just took whatever the DA offered?


Again please do not put me down i learned my lesson and moving on. Also he said i would plead guilty so those petty ones will be on my record. I just think it is a lot for it saying on my court records online 1st offense. If i was some long time crook or been in trouble before i could see it. But all i want to know is how do i know my lawyer got me the best lead deal....Thanks

Retail Fraud / Shoplifting: Plea Offer How Do I Know

Online Services: Refund After Canceling Auto-Renewal of Membership

My question involves a consumer law issue in the State of: Indiana

Last year in Apr 2015 I purchased an airline program membership for 1 year for $50. The last time I used the "benefits" of this membership was in May 2015 and never after that.
BUT in Apr 2016 (1 year later) this airline charged my credit card $60 for auto-renewal of the above membership. I canceled the membership as soon as I saw the charge on my card, but the airline refused to give me any refund because I canceled 1 day after the auto-renewal date.

So my questions are:
1) Since I did not use any "benefits" of the membership after it was auto-renewed, doesn't that entitle me to a full refund?
2) Can this airline actually charge me $10 more ($60 instead of $50 last year), WITHOUT any action on my part? (like permission that requires me to go and click some checkbox somewhere on their site).
3) Of course, they can write anything in the fine print, but would it be considered "reasonable" for them to not give a refund even though the membership lasted 1 day and benefits were never used?

Online Services: Refund After Canceling Auto-Renewal of Membership

Denial & Appeals: Misconduct- Tips Anyone

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

Denial & Appeals: Misconduct- Tips Anyone

Property Division: Divorce- Selling of Car Jointly Owned

My question involves a marriage in the state of: Washington

My ex and I are separated and have filed divorce paperwork. He has sold a car that was in both name with no loan on it. He was to get the car after the divorce was finalized. I didn't sign the title to sell it. Do I have legal right to half the value? How do I go about getting it?

Property Division: Divorce- Selling of Car Jointly Owned

Eviction Process: How Soon Do You Give the Pay or Quit Notice

My question involves landlord-tenant law in the State of: Frederick, Maryland

My tenant hasn't been paying the rent and utility bills on time, i do have all the records of the tenant being late. I was wondering if I'm entitled to issue a Pay or Quit notice once he is past due with the payments, how soon can i file for this notice? can i do it myself or do i need to open a file in district court 1st? thank you in advance.

Eviction Process: How Soon Do You Give the Pay or Quit Notice

Retail Fraud / Shoplifting: Misdemeanor Theft Charge for Stealing from a Store

My question involves criminal law for the state of: Texas
I just got a misdemeanor B in Texas for theft at a store, $100. It's my first offense.

I made a mistake that I will regret for the rest of my life I've never been convicted or have any criminal history this is my first offense ever? I just hired an attorney? I don't want to go to jail, I made a stupid mistake... What can possibly happen?

Retail Fraud / Shoplifting: Misdemeanor Theft Charge for Stealing from a Store

Enforcing Custody Orders: Medical Decision Making in Joint Legal Custody

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

I recently asked my ex for a copy of my daughter's insurance card. The custody papers state that I am supposed to be provided a copy. I'm attaching a portion of the email she sent in reply. As I read the response I believe that she's attempting to block me from being a part of medical decisions (we have joint legal custody). I'm trying my best to co-parent with her and I want what's best for our daughter...she's making this difficult. I'm preparing to seek out an attorney again. There are many places that I don't feel she's putting our daughter first in decision making. I'm trying to figure out what if anything I should do here. Any advice is greatly appreciated. I'm starting here because my budget is limited. Thanks...here's the email segment

You would have had a copy of the insurance cards from last year.
Because you didn't respond to a letter in May last year, she didn't
have insurance from June until October when I discovered the
situation. I took care of that. Quickly.

****** has been approved for CHIP and the first payment is in the mail
to them. When they receive it, they will contact me with further
information. I not only addressed the issue, I resolved the issue.
CHIP did not lose any documents I sent them. I did not have to
re-send them. The process did not take months.

The new cards have not arrived yet. But when they do, I will make sure
the doctor, clinic and pharmacist have them. And you, though you won't
need it. I take ****** to the doctor. And if ****** has an emergency,
you will call me.

2 additional notes:

1. The reference she makes at the beginning is a letter that I supposedly didn't respond to that caused a lapse in coverage. I cannot verify whether or not this even happened. I never saw the letter and in May of last year she was still living in the same house as me and had equal access to the mailbox.

2. The asterixis are in the places where me daughter's name was. Our custody agreement states that neither of us can "use or name or reference her name on social media." Although I know when she inserted that clause she was talking about Facebook I'm being cautious and making sure I don't use on the internet at all. I don't want to open the door for the potential for her to say I broke the agreement.

Thank you for your assistance

Enforcing Custody Orders: Medical Decision Making in Joint Legal Custody

False ID: Charged With a Misdemeanor for Possessing a Fake ID

My question involves criminal law for the state of: California

I am under 21 and am an undergraduate student. I was pulled over and blew .035. So I got a zero tolerance policy infraction for that.

But also the cop found my fake ID and charged me with a Misdemeanor for PC 470b.

I have several other friends that are in college that have been caught with a fake ID and charged with an infraction instead. I think they were charged with BP 25661. I am wondering what the differences were, and what my possible options are. My biggest concern is to avoid the permanent misdemeanor conviction.

I appreciate any help that I can get.

False ID: Charged With a Misdemeanor for Possessing a Fake ID

Enforcing Custody Orders: Medical Decision Making in Joint Legal Custody

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

I recently asked my ex for a copy of my daughter's insurance card. The custody papers state that I am supposed to be provided a copy. I'm attaching a portion of the email she sent in reply. As I read the response I believe that she's attempting to block me from being a part of medical decisions (we have joint legal custody). I'm trying my best to co-parent with her and I want what's best for our daughter...she's making this difficult. I'm preparing to seek out an attorney again. There are many places that I don't feel she's putting our daughter first in decision making. I'm trying to figure out what if anything I should do here. Any advice is greatly appreciated. I'm starting here because my budget is limited. Thanks...here's the email segment

You would have had a copy of the insurance cards from last year.
Because you didn't respond to a letter in May last year, she didn't
have insurance from June until October when I discovered the
situation. I took care of that. Quickly.

****** has been approved for CHIP and the first payment is in the mail
to them. When they receive it, they will contact me with further
information. I not only addressed the issue, I resolved the issue.
CHIP did not lose any documents I sent them. I did not have to
re-send them. The process did not take months.

The new cards have not arrived yet. But when they do, I will make sure
the doctor, clinic and pharmacist have them. And you, though you won't
need it. I take ****** to the doctor. And if ****** has an emergency,
you will call me.

2 additional notes:

1. The reference she makes at the beginning is a letter that I supposedly didn't respond to that caused a lapse in coverage. I cannot verify whether or not this even happened. I never saw the letter and in May of last year she was still living in the same house as me and had equal access to the mailbox.

2. The asterixis are in the places where me daughter's name was. Our custody agreement states that neither of us can "use or name or reference her name on social media." Although I know when she inserted that clause she was talking about Facebook I'm being cautious and making sure I don't use on the internet at all. I don't want to open the door for the potential for her to say I broke the agreement.

Thank you for your assistance

Enforcing Custody Orders: Medical Decision Making in Joint Legal Custody

Suspension and Revocation: DOL Notified Me of Suspension in 2012 but Never Invalidated Me Until 4 Years Later

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

This is a long nightmare story that I am hoping will have a happy ending with your help.

In Feb 2011 I got a minor DUI 0.9 BAC which I plead down to neg 1 and was required to install ignition interlock. I put the ignition interlock in on Feb 21 and took out on Jun 28th 2012 (4 months and 6 days). To my best recollection I received an unrestricted license after and up until 2 days ago I was under the impression I still had one.

Fast forward to May 29 2016 I went camping in Eastern Washington. I was pulled over for a seatbelt violation in a small town by a Statey and was told that I was suspended. I was shocked as I have had very few driving related violations since my DUI. He told me that I had an ignition interlock restriction and that I was being cited/arrested for DWLS and impounding my car. FUKK. :wallbang:

After several hours on the phone with DOL this morning I have come to this understanding: DOL never received full completion documentation of my IID, apparently I was required to have it in until June 30th not June 28th.... 2 days early? :confused: Why it was taken out early I have no idea because it was so long ago but I must have been told it was ok to do so by somebody or I never would have done it. So, according to DOL they sent me a notice of suspension in July 2012 to an old address they had on file. I never received this letter but that's not important to this particular matter. What IS important is that they did not suspend me right away. They left my license valid in their system and in January 2014 after spending 1 year abroad I came home and had to renew my Drivers license, I went to DOL and was renewed (in error according to DOL) without issue. Since 2014 I have been pulled over at least 4 times and have had no incidents with my drivers license. Apparently the error was noticed in early May 2016 by someone and my license was then "officially suspended". I was intentionally not notified of this by DOL because technically I had been suspended this entire time and was notified in 2012. Mind blown.

Now they are telling me I need to reinstall the device for 4 months in my car and I have a court date coming up for a criminal case 300 miles away from my home. The consequences of this situation are so much heavier for me now than they would have been in either 2012 or 2014. I am now in outside sales where my drivers license is mandatory because I fly all over the country and rent cars. I will not be able to do this with an Ignition interlock device restriction which means I cannot be employed by this company. I will leave my personal issues out of the equation but lets just say this could ruin me. Do I have any recourse to either get my license back temporarily until this is figured out or to sue the Department of Licensing for monetary reimbursement? The person I spoke to inside DOL is on my side and is disgusted by what her employer is doing to me so if that is worth anything I figured I would throw it out there.

I welcome all experience in this but if anyone knows Washington Law specifically on these matters I am very interested to hear from you. Some bottom feeding lawyer out here told me that the dates are important because there was an amendment or something to the IID law in 2011 but he was so sleazy I couldn't continue with him.

Thanks All

-Adam

Suspension and Revocation: DOL Notified Me of Suspension in 2012 but Never Invalidated Me Until 4 Years Later

Application & Eligibility: Teacher Certification

My question involves a professional license in the state of: Texas
Can I get a Texas teacher certification and do I have to report the crimes ? I had several assault crimes when I was a juvenile. But I did the court ordered probation and in a few months
(when I turn 19) my attorney will submit a petition for the sealing of the records. The only law I found addressing this is Education Code § 22.085 . Or Family Code Sec. 58.003 (j).

Thank you.

Application & Eligibility: Teacher Certification

Establishment: What Happens if I Don't Go to Court

My question involves restraining orders in the State of: KS

So some of you may have read my message from the other day and yes today I was officially "served". The papers state she wants me to pay her attorney fees as well as lost wages from missing work for all of this. If I don't show up I understand it essentially goes into effect, but will I also get a bill for her attorney fees and wages or will that be negated?

Establishment: What Happens if I Don't Go to Court

Co-Ownership: How Do You Transfer Names on to the Deed

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

Hello,

On an inherited lot how do we transfer our names on to the Deed ?

There are some forms from the county that we know about that we will turn in to set up property taxes. PCOR, Change of Ownership Statement of Death & Exclusion for Reassessment forms.

The county said they don't do the granting of the deed or something like that ? They suggested we see an attorney or title company to do this.

Is that what me must do ?

If so what would be the typical cost to do this ?

Best place to go for this ?

Thanks!

Co-Ownership: How Do You Transfer Names on to the Deed

Other Violations: Wrong Information on Ticket

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

I recently moved to WV and have been commuting back and forth since November.

About a month ago i was going to be late for work and was stuck in traffic. i was about a 1/4 mile away from my exit. the driver in front of me hit the shoulder and i preceded to follow. A VA state trooper pulled us both to the side.

I gave the police officer my WV drivers licence. (the only licence i have a physical copy of, my Virginia licence was taken by the WV DMV as i changed my licence to WV within 30 days of my address Change.)

The officer came back to my window asking me why I didn't give him my "Virginia" drivers licence. i proceeded to tell him "I do not have one i turned it in." The officer told me that i have a valid Virginia drivers licence and that he would "use that on the ticket to prevent out of state fees." I said okay and went on my way thinking nothing of it.

Now onto the Ticket, the information on the ticket is wrong!

It has my current WV address (the Address on my current licence), with what i assume is my Virginia drivers license number and the state as VA.

My "valid Virginia licence" (my old licence) had a Virginia address on it, if it did come up in his computer.

The information on the Ticket is incorrect for both my current WV licence or my previously owned VA licence. Would this get thrown out in court due to incorrect information on the ticket?

Thanks,
Fumble

Other Violations: Wrong Information on Ticket

Impound: Police Impound Retrieval Rates/Towing Costs Were Not Correct

This weekend my vehicle was impounded due to an expired license in the state of California (by the city of Montclair).

In order to retrieve my vehicle I had to pay an administration fee as well as fees from the company that towed the vehicle. This is where my problems begin. According to the city of Montclair's website, the fees for towing a vehicle are far less than what I actually paid to the towing company (see: http://ift.tt/1XdBawq). The towing fee was $337.50, more than double the supposed cost for a vehicle under 14,000. According to the towing company, this is because they towed it to the police station and then to their own yard. On top of this, the daily rate per the police department is $48, the towing company charged $55 (not exactly a lot more, but worth mentioning nonetheless).

I suppose I must be missing something here, but my question is simple: how is it that these fees are allowed to differ so drastically?

Impound: Police Impound Retrieval Rates/Towing Costs Were Not Correct

Probation and Parole: Can a Probation Officer Increase Your Restitution Payments

My question involves criminal law for the state of: California (Federal case - wire fraud - one count)

I am currently 6 months into my supervised probation (of 3 years) for a single wire fraud offense (with one victim) where I served 9 months in a federal prison camp. I was able to obtain a decent job within weeks of being released from the camp. At my sentencing, my judge set a restitution payment amount of $100 per month post incarceration based on my PSR (when I was making 35% more prior to incarceration and didn't have daycare expenses at the time of sentencing). Since month one of my supervised probation, I have been making my scheduled restitution payment on time. Also, as of last month, my victim's insurance company sued me in civil court since my victim was made whole by the insurance company. The insurance company sued me to get the restitution payments redirected to them. The insurance company and I have come to a stipulation of judgement in civil court for my full restitution amount ($200k) to be paid to them at $100 per month (same as my criminal judge ordered at the time of my sentencing).

Just a few weeks ago, I was assigned a new probation officer. The new PO called me last week and told me that I will have to double my restitution payment to $200 next month before the PO will even contemplate approving my future travel requests. That since I was getting ready to travel last weekend to take my kids to see my parents, that I should ask my parents for the additional $100 payment for me to pay my restitution if they wanted to see my kids. I told the PO that I was uncomfortable with that since I felt it would be extorting my children to my parents and that I was not going to do that. The PO told me that it wasn't extortion and if I wanted to travel that I would have to pay more because travel on probation was a privilege. I understand that travel is a privilege and that paying my restitution is an important part of the rehabilitation process. But, withholding my children from my parents to get them to give me money to me is just wrong.

My questions are:
1) Does my PO have the authority to increase my monthly restitution payment after my criminal judge and a civil judge have both ordered me to pay $100 a month? Especially since my financial circumstances are a lot worse than what they were at the time of my sentencing?

2) How do I go about pushing back to the PO without being in violation of my probation?

I just want to know if my PO can force me to pay more than what the judge(s) already ordered me to pay. I have two different judgements in my hand (one criminal and one civil) both saying the same exact thing...pay $100 per month. I am already scrambling to see what I can sell at garage sales and online to just attempt to come up with an extra $100 for this next month. Right now, I am attempting to sell my children's stroller and other baby items just to try to make some money for my restitution. I am already working 2 jobs full-time and going to school full-time (for free on a grant). I am afraid that if I do make this extra payment that it will set a precedence and the PO will say, "If you can pay $200 last month, then you can start to pay $200+ every month."

Probation and Parole: Can a Probation Officer Increase Your Restitution Payments

Banking: Getting the Money from Old, Undeposited Paychecks

My question involves collection proceedings in the State of: California

This applies to a friend dying of cancer. I am his POA. You can read more about his situation here.

He's been at the VA Hospital for the last 10 weeks. During that time, his apartment lease expired and I moved his belongings into storage. I located almost $50K of uncashed paychecks, most dating back to the 2004 to 2006 time period. My friend does have mental illness, and all I can figure is he developed some sort of phobia about going to the bank. Most of the checks are from the same employer, which is now out of business and showing suspended by the Franchise Tax Board. I checked PACER and there is no bankruptcy filing. Nothing has been reported to the state as unclaimed property.

At this point, recovering the cash may be a lost cause, but I feel obligated as his friend/POA to ask what (if any) options remain. I suppose there's always a small chance he is cured, at which point he could use the money.

Banking: Getting the Money from Old, Undeposited Paychecks

Asset Protection: What to Do with Money in the Bank

My question involves estate proceedings in the state of: California

A friend is dying of bladder cancer. He has maybe $2,000 of assets in storage, a truck I'm trying to sell for about $3,500, and $30,000 in the bank. That's it. No will. I was granted Power of Attorney a couple months ago. His bank is adamant that he physically appear at a branch location to add beneficiaries to his account -- they won't accept any notarized paperwork. This is problematic because he's rarely well enough to leave the VA Hospital where he's been the last 10 weeks. I took him out yesterday for some fast food and he soiled himself.

We did speak with a lawyer who more or less discouraged drafting a will, under the assumption beneficiaries would be added at the bank. He argued that a will wouldn't serve much purpose.

Since getting my friend to the bank hasn't been possible, I'm not sure what to do. He wants me to continue paying his bills, but fails to understand that my ability to do that (as POA) ends when he dies. To pay funeral expenses, I'm going to need access to a sizable chunk of that $30,000. His family has been AWOL the entire time he's been sick. Never married, no kids. Just two estranged sisters who live 1500 miles away.

Ideas?

Asset Protection: What to Do with Money in the Bank

Business Disputes: Customer Won't Pay Bill in Full for Catering

Catering in South Dakota


This is going to be a little long and am sorry for that. I just want to be thorough.
I own and operate a pizza catering company. I booked a wedding and sent a contract for the wedding to the customer. On the contract it stated that I would bring enough to make 80 pizzas. After talking to the customer a month or 2 before the wedding she told me to bring 115 pizzas just in case since she wanted to be sure everyone was fed.
Then a couple weeks later the customer told me to bring even more.
The day of the event came and I ended up making 130 pizzas. After billing the customer they will not pay for anything over 80 because that was all I was contracted to bring. I have none of the past correspondents in writing about bringing extra but did make note of it on the contact when we spoke.
I have myself, my wife, and an employee that were all there at the event making the pizza and know for a fact we made that much pizza.
Would I have a case for small claims court or is this just something I have to eat and learn a lesson from.
I have been in business for 5 years and have done 100s of events and never been accused of anything like this.
Is it worth pursuing in small claims if I can't get them to pay it or does it sound hopeless?
Any help or advice would be great.
Thank you.

Business Disputes: Customer Won't Pay Bill in Full for Catering

Traffic Accidents: Car Owner Wants to Settle Without Insurance

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

Bottom line: Car owner at fault is offering me a 2004 Chrysler PT Cruiser with 110,000 mile and $1,000 cash and paying for towing in leu of insurance settlement.

Background:
A white truck rear-ended my 2005 Pontiac Grand Prix (130,000 miles), resulting in a total loss plus ~$550 of property damage (vehicle contents). There was one passenger in my vehicle, and none in the truck. Three days later, we are sore but do not forsee the need of medical attention.

Insurace:
The offending driver was not insured, but his dad, the owner of the truck, does have it insured. However, dad signed a waiver with his insurance that his son would not drive the vehicle. I do not know what the consequences of breaking that waiver is.

I am insured, and fortunately have both Uninsured Motorist (bodily injury) and uninsured motorist property damage ($10,000 max, $100 deductible; does not cover the $550 of property damage). Progressive is still processing my claim, and they haven't yet decided if the offending vehicle is insured or uninsured.

Offer from dad, car owner:
He called me offering a 2004 Chrysler PT Cruiser (110k miles) that he was fixing up for his wife, plus $1,000 cash. He is a used cars salesman, and says if I don't like the PT Cruiser (he's bringing it for me to drive Thursday), then he will find me a vehicle of greater value.

My circumstance:
I am a second-to-third year medical student, studying for boards in three weeks. In four weeks I am getting married. In five weeks I start rotations. I don't have a lot of time.


Thank you to anyone who reads this post and offers me advice. I greatly appreciate it!
astranberg

Traffic Accidents: Car Owner Wants to Settle Without Insurance

Other Offenses: Failure to Pay All of Restitution Before I Got Off Probation

My question involves criminal law for the state of Fl.: I got a Felony VOP a week and two days before I was to get off probation cause I could not pay off the full amount I was give a bond of $5000.00 with a 10% cash bond which I paid a bail bondsman $500.00. What should I look forward to.

Other Offenses: Failure to Pay All of Restitution Before I Got Off Probation

Collection and Enforcement: Debtor Claims Religious Exemptions for Cash He Gave Away After Entry of a Judgment

My question involves court procedures for the state of: FL

I am in a dilemma on what to do now and hope some expert from this forum can help me. I live in Alabama and filed a lawsuit on my former business partner in Florida. I won the case. The debtor withdrew cash from his bank account. In debtor exam, he claimed that he gave cash to his two children, $3,000 each; $10,000 to his aged father, and another $3,000 as cash gifts to several homeless people, all part of fulfilling his religious obligations (he was referring to a religion, which I prefer to do not reveal here). I already spent a lot of money on this complaint and I am concerned if the Court believes his “story”. I would like to know my options, if any.

Collection and Enforcement: Debtor Claims Religious Exemptions for Cash He Gave Away After Entry of a Judgment

Copyright Law: Can I Leave My Teammates - Idea Author and Cto

Let's assume I and 2 friends of mine are working on a student's project (in a student's competition) which may be financed. It's IT and not launched or even fully finished yet. I have come up with the idea, written 100% of the source code and handled most of the marketing and financial papers for the contest, even though they are responsible for them. In case of investment, can I refuse to work with them and become the only founder? IMPORTANT: The contest itself is not an accelarator and has nothing to do with investments.

Copyright Law: Can I Leave My Teammates - Idea Author and Cto

Dismissal: Court Order Dismissed Me As Co-Defendant but New Pleadings Still Name Me for Trial

My question involves court procedures for the state of: WA
My questions are not so much about merits of the case but re procedural errors and the impact on reputation/identity search as a result. Is there recourse?

My son was involved in a minor car accident Nov '11 and I was named as a co-defendant because he was using the family car. He was cited for causing the accident, he contested that, and the court did not find him at fault.

There was a driver and passenger in each vehicle and all were transported to nearby hospital, evaluated, examined and imaged. Both driver and passenger of the other vehicle and my son's passenger were cleared and released with only bumps and seat belt bruises within two hours. My son had a cut on his chin and a concussion so he was treated and observed for about four hours before release.

Without specific notice from my USAA auto insurance provider, about six months after the collision I was served with a summons and complaint as co-defendant in a PI suit against my son who was then off at college. My son was not served. USAA had assigned a contract atty an easy drive from us. He has been barely communicative, kept me on a phone call .7 hrs which should have been .3 hrs, and did not invite us to his office to meet us and discuss the case. There was no air bag activation in either car and no significant injuries found by the ER doctors. Plaintiff brought a suit for subsequent hospital bills and pain & suffering against my son and me. Her passenger was co-plaintiff. That is fine, people do that, which is why we have insurance. The case moved slowly. The co-plaintiff passenger settled for personal liability limits and her claim was dismissed with prejudice. The Plaintiff atty just kept dragging along and missed dates to produce documents, etc.

About 1 1/2 years after her accident with my son, the plaintiff driver got into another car accident when someone backed into her on a side street. Plaintiff atty prepared a PI suit against that driver in Nov '14. Then atty realized about a week before the Statute of Limitations was going to run out on his suit against my son and me that he had never served my son (off at college still). Plaintiff atty then quickly dismissed claim without prejudice against us and bundled it with a suit against the driver in Plaintiff's subsequent accident (resetting a new statute of limitations in the process). My son and I became co-defendants in the new case# with a third party stranger (who is a felon). My son was served Dec '14 for the first time.
This time I was not personally served (as I had been for the previous case#). I am unclear if our USAA contracted atty legally accepted service for me for the new case. He mailed me a copy but it was never served on me personally. My son had to take time from studying to fill out a new set of Interrogatories in spite of the fact that not a single thing had changed pertaining to the collision he had been in with Plaintiff, only because there was now a new case# and a subsequent collision involving the accident prone Plaintiff.

More foot-dragging. Our USAA assigned atty told us not to worry, they would settle within both of our limits and for $50K total through arbitration and a date was set. Prior to arbitration, Plaintiff atty came to realize that new defendant actually had $100K limit with American Family instead of $50K. Accordingly, plaintiff's pain & suffering jumped rather suddenly. Arbitration was cancelled (can't arbitrate for over $50K) and trial was set so that Plaintiff could try for $100K or more award in settlement or jury trial). More foot dragging.

Without any explanation or prior notice from our USAA atty, in Jul '15 Plaintiff atty had claim against me dismissed with prejudice. Maybe Plaintiff atty thought that I might not present well to a jury for his purposes, I don't know. I am a disabled US veteran on fixed income and I suffered a moderately severe permanent brain injury 15 years ago due to a property owner's clear negligence. The only assets I have are award from my PI lawsuit.

This has been a very stressful ordeal for me and my family. My question is this: In spite of a 7/24/15 court order by which the claim against me was dismissed with prejudice I am still shown as co-defendant in six pleadings; most recent March '16. According to what the pleadings state I have a trial date set for Sept '16 and Settlement Conference set for June '16. I realize that it is likely due to "clerical error" yet I believe the lawyers who have signed the documents are responsible for them. Do I have recourse in any way via court rules re identity/reputation damage to me personally since an internet search reveals that I have been a def in two tort motor veh cases, one case filed in 2012; one in 2014 (now with a felon co-defendant). There has been sloppiness in general from both the USAA def atty and Plaintiff atty from day one. My son and I have put up with a lot of undue stress. We don't even know what our USAA contracted atty looks like. We have never met him. I would welcome an opportunity to show my appreciation for the mistreatment.
It seems so bungled and haphazard. Is this normal practice in law these days? I don't care about a Bar complaint shoulder shrug. I want to know if there is law that applies re Dismissal. I there a loop-hole opportunity we could use to end this nonsense?

Dismissal: Court Order Dismissed Me As Co-Defendant but New Pleadings Still Name Me for Trial

Traffic Lane Violations: Crossing a Solid White Line

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

When merging with traffic to get to a specific highway entrance I crossed a solid white line. There were no signs prohibiting this and no traffic impeded this crossing. 100 feet away were officers pulling folks over. I received a ticket for "crossing a median or esplanade" and "impeding the flow of traffic."

Further down there is a double white line which widens to a 'V' shape. I crossed well before there, so don't think what I did counts as a 'median or esplanade.' Also, the flow of traffic was not impeded as there were 3 possible ways to go at that juncture, which naturally slows traffic as well as the 2 officers 100 feet away pulling cars off the road every 30-60 seconds.

Was my action legal? If so, I'll fight the ticket. If not, I'll pay the ticket fee.

Thanks for your help.

Traffic Lane Violations: Crossing a Solid White Line

Defamation: Prevent Such Illegal Activities, Various Law Firms Are

Due to negligence and carelessness, lots of accident cases are reporting daily throughout the world. Various government programs and activities are available for preventing such accidents. It is a common practice that, most of the accident victims will not claim for any compensation. Even if the victim asks for compensation, the insurance companies will not provide it. In order to prevent such illegal activities, various law firms are providing attorney and lawyer services throughout the world. If you had a neck injury due to some accidents, you can register a case for getting Whiplash compensation along with other allowances.

Defamation: Prevent Such Illegal Activities, Various Law Firms Are

Subleases: Subtenant Breaking a Prepaid Sublease

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

Hello! I signed a sublease for a three month apartment rental. Before signing the lease, the tenant had said in an email that she would be "deep cleaning" the apartment before vacating. This was the primary reason I agreed to sign the lease. I also agreed the pay upfront for the three months of rent because the tenant would be traveling and wouldn't have an address to send a check to.

I moved in on a Monday and out on a Tuesday. The apartment was left absolutely filthy. Mouse droppings in cabinets, piles of pet fur everywhere, coffee grounds all over the counters and floor, sticky counter tops, filthy shower stall and toilet...The list goes on. Plus the place reeked of cat urine. I spent from midday Monday through midmorning Tuesday cleaning before giving up and moving out. I contacted the tenant after moving out to complain about the condition of the apartment and requested to break the lease and get my rent returned. The tenant refused, claiming that the condition of the apartment was not enough to break the lease. She said that she purchased a new rug for the extra bedroom and new sheets for the main bedroom. She refused to return any of the rent paid for the summer.

I replied the same day and listed all the cleaning she hadn't done. Basic cleaning tasks weren't done, let alone anything qualified as "deep cleaning." I have pictures of the condition of the apartment. As of the following Friday afternoon (three days after moving out) the water had been turned off. As of the following Monday, the landlord had unplugged the fridge/freezer with her food still inside. She never communicated with me about any of this happening. She has not replied to my last two emails. I texted her today requesting that she reply so we can either find a settlement or I can move forward with filing a claim.

And now to the questions - what are my rights as the subtenant? Since I moved out (less than 24 hours after moving in), the tenant had the water turned off. I am prepared to file a small claim, but I would like an idea of what to expect. Before she turned off utilities, what would my change be of succeeding in a small claim? Do her actions change anything?

Thanks in advance!

Subleases: Subtenant Breaking a Prepaid Sublease

Traffic Lane Violations: Cited for Crossing (Faded) Double White Lines 21655.8(A)

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

Hi,
I just got cited for double white lines (moving out of HOA lane). There is a portion on the freeway where these double white lanes are faded, so technically when I crossed over from that portion, I didnt violate the law. This part of the road is new to me, so I didnt know if there was a designated exit or not.
I explained this to the citing officer, who acknowledged that the patch of road is faded and not marked correctly. But still he issued me a citation

I plan to contest this in the court. I feel that the state should hold some responsibility for not marking the lanes correctly
Pl advise

Traffic Lane Violations: Cited for Crossing (Faded) Double White Lines 21655.8(A)

Obstruction of Justice: Arrested for Urging the Police to Charge Somebody With Assault

My question involves civil rights in the State of: N.Y. I was watching a band with my wife, two other couples and the wife of one of the band players, when one of the men in the group was blindsided by a punch. I proceeded to restrain the individual during which we fell to the floor. The bouncers quickly escorted me and the other male who was hit outside, but not the one who threw the punch.

Our wives exited with us and were calling the police when the male who was assaulted went to talk to the bouncers about this situation in the bar's vestibule area. He then cried out that he couldn't see due to pepper spray being administered. They pushed him to the ground and told him to leave, since l was right there, I ran over to the vestibule area to pick him up and drag him outside. During which one of the bouncers yelled something, I looked up, saw the one bouncer point at me, while the other bent down and sprayed me in the face.

When the police arrived they would not let the assaulted male press charges. When I asked them to review any video, they flat out refused, after several attempts to get them to view the video, (which the camera was clearly visible in the vestibule), I asked to file an incident report, which their response was to arrest me.

Have I been let down by the system? Does one drink negate your civil rights?

Obstruction of Justice: Arrested for Urging the Police to Charge Somebody With Assault

Speeding Tickets: Speeding when Passing

My question involves a traffic ticket from the state of: California
I was traveling northbound on the I-5 at 65 mph on the furthest left lane (not the carpool) when I almost hit a car who was traveling far below the speed limit (approx 50 mph). So I transferred lanes in a attempt to pass said slow vehicle, only to find to my surprise that the vehicle in the next lane was going just as slow and wasn't far enough in front of the first slow vehicle to pass the original vehicle. This happened 3 times until I was in the second lane from the right at which point I decided to cut my losses and travel at a slower speed. now every time I transferred lanes in a attempt to pass I had to speed back up to 65 mph. A chp decided to pull me over. First he said he clocked me going 101, at which point I questioned him asking what instrument he used. All he said was "it's all on film so...". He ends up citing me for going 90, he says so I could have the chance to attend traffic school if I wanted. Should I try and go to trial with my side of the story?

Speeding Tickets: Speeding when Passing

Violation & Enforcement: Ppo

My question involves restraining orders in the State of: michigan. I have a ppo against my wife when i was living by myself. I moved back in with her to give it another try. I have been living with her for over a month and things are not going good. If the police were called who would be in violation? My ppo says she can not be near residence.

Violation & Enforcement: Ppo

Sentencing: Was Given Probation - but Had Some Special Circumstances Resulting in Violations

I originally had a driving charge, had never been in any trouble so they gave me 11/29 probation. Was going thru some financial problems couldn't make a payment which resulted in 2 violations for non payment each time they revoked and extended my probation which restarted it from beginning each time after being arrested, bonded & going to court.
Finally got straightened out financially w better jobs and got probation on track
And everything was going fine and then found out I was pregnant - continued seeing my p.o. throughout pregnancy .
At my eighth month I started having issues with my health and was ordered to be on bed rest , I took Dr paperwork to my officer and she said she understood. She set up an appt for me to meet her a month later after due date. As soon as I gave birth, baby had some problems and had to be taken to a hospital a few cities away.
My first call was to the probation officer to let her know the situation and that I could even have the hospital call or fax her to verify where we were.
My daughter had some g.I. problems and had several tests and procedures done . we were there 19 days of which I stayed in contact with my probation officer.
I had no way to go back yo see her while in that city because as I told u I had a driving charge to start with so I can't drive.
When we finally we released I got home, first thing I did was call my probation officer and she communicated that the judge violated me. My heart has sank because I am a new mom in LOVE with my baby girl. My life is for her 24/7 and I'm TERRIFIED that since this is the 3rd violation they will make me do my whole 11/29 in jail for this.
**my question is this: I'm planning to go turn myself in and bond out quickly to come back home to my baby. Two days later I go back for arraignment where they will just hand me a piece of paper with my court date on it & the judge will say go see your probation officer and get in compliance before u return to court.
I'm trying to figure out any way possible to not have to flatten out this sentence and be away from my newborn baby for a year, as a new mom my heart is absolutely breaking. If I take out a loan and pay off my 2500 in court costs and all my supervision fees before I go back to court everything would be paid off will he dismiss my probation or will I still go to jail??

Sentencing: Was Given Probation - but Had Some Special Circumstances Resulting in Violations

Violation & Enforcement: Ppo

My question involves restraining orders in the State of: michigan

Violation & Enforcement: Ppo

Financial Transactions: Bank Made Error in Wire Transfer Number

My question involves personal finance in the State of: Delaware

We had our bank, send a $2000 wire transfer to an individual with an account number at Lloyd’s Bank PLC in London. Our bank used JP Morgan Chase as the intermediary bank for the wire transfer. The day after we sent the wire transfer we noticed that our bank made an error in the wire transfer number we provided our bank and notified the bank. The bank acknowledge their error and said they would amend the IBAN to the correct number.
After 35 days, we still do not know what happened to our money. Our bank claims the error they made was in the sort code only, not the account number, that the IBAN was correct and that the wire transfer went through seamlessly. This before we even notified our bank of their error in the wire transfer number. Our bank claims the money got to the intended recipient on day one. Could the wire transfer with a wrong sort code have reached our intended recipient on day one before we even reported the wire transfer number error?
Our bank states that twelve days after the wire transfer they had JP Morgan Chase recall the wire transfer but will not provide us proof of this wire transfer recall. Since we will never know who received our money we want proof that the bank at least made an effort to recall the wire transfer. As a customer, do we have a right to ask the bank to provide us with this proof?

Financial Transactions: Bank Made Error in Wire Transfer Number

Expenses and Reimbursement: Mileage Reimbursement Rates

My question involves labor and employment law for the state of: California
what type of records would I need to have to prove 35 cents a mile doesn't meet the california requirement of reimbursing at least "actual expenses" for business use of my personal vehicle? also if I am required to have a smart phone and high speed internet should they be reimbursing at least part of the cost for those services?

Expenses and Reimbursement: Mileage Reimbursement Rates

Roommates: Can a Tenant Touch Landords Property in a Non-Lease Area

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

I recently installed security cameras in the basement that i'm occupying. The 1st floor was leased to a couple. Last night one of them came downstairs and covered the security camera with a blanket. The camera was in my living room and not precisely hidden. I have a video which shows the tenant approching the cameraand covering with the blanket. Can I get them in trouble?

Roommates: Can a Tenant Touch Landords Property in a Non-Lease Area

Cleaning and Repairs: Grounds for Small Claims

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

I had posted on here before about my roommate situation. He had moved out this past weekend, which is what I wanted but....

He had left a huge mess, done minor damage to the house, and has taken property that does not belong to him. He had done all this after I had asked him 4 months ago to move out of my house, saying to him that he did not have to pay his part of the rent so he could find a place to go and to pay for the things he had helped to pay for in the home, which he had then taken when he moved out. I am wondering if because he did not hold up his end of the deal if I can get the rent money from him in court. is it even worth trying?

There was no lease or written agreement between us, he would just pay me in cash for half the bills each month. I took pictures of the mess he left and the damage done to the home, if i do take him to small claims is there anything else i would need or need to know?

Cleaning and Repairs: Grounds for Small Claims

Violation & Enforcement: Are Restraining Orders Public Records and Who Can Find Out that One Was Issued

My question involves restraining orders in the State of:

Violation & Enforcement: Are Restraining Orders Public Records and Who Can Find Out that One Was Issued

Theft and Larceny: Accused of Misdemeanor Theft

My question involves criminal law for the state of: Louisiana

Hello, I have been accused of theft of under $750 back in November 2015. I am 22 years old and it is my first offense. So far, I have been to court three times, all of which has been pre-trial diversions. Initially, I was instructed by the DA to plead guilty but I decided not to (thank God for research) and with that a plea has not been submitted yet. I can't help but feel the DA is trying to rush through the case, more than likely due to my lack of knowledge of the legal system. I have not stood trial for this yet.

The second diversion consisted of the DA instructing me to pay restitution, with no payment plans being offered but telling me to show up in 4 months with the total amount. I went to get my next court date and it was the next month. Impossible. I have been saving money, but as it is difficult to get a job at this moment due to the honest about my case, needless to say I failed to turn up with the money by the next date. It is not because I am unwilling, but unable. This pre-trial diversion consisted of the DA telling me that I need to have the total amount by the next date (two weeks from that date), or else I will HAVE to submit a guilty plea.

There is no way I will be able to have that amount but being forced to submit a guilty plea seems outrageous to me. Is this possible? I have no intentions to plead guilty at all, but can they make me?

Please help.

Theft and Larceny: Accused of Misdemeanor Theft

Sales Agreements: I Let a Friend Have My Truck to Use to Goto Work with a Verbal Agreement

My question involves a consumer law issue in the State of: Oregon
I let a friend use my truck to get to work and home with a verbal agreement that he would make payments on each pay period. He then kept the truck and wrecked it and it's currently in his moms front lawn. What can I do?

Sales Agreements: I Let a Friend Have My Truck to Use to Goto Work with a Verbal Agreement

Sales Agreements: Credit Ran 8 Times Without Permission, and Incorrect Sales Contract/S

My question involves a consumer law issue in the State of: Michigan.
I had just established my credit, A YEAR AGO,...after using the wife's name for everything purchased.
I purchased a 2015 Jeep from the dealership, and just had it refinanced, after a year of double payments, paying off school loans, and always on time with all payments.
I went to the dealership, to ask about a warranty purchase, or possibly upgraging, if it would be similar in cost.
I explained in detail and depth, about JUST GETTING REFINANCED, AND SAVING $8000 IN INTEREST RATES, AND $100 A MONTH ON MY PAYMENT! !!!! I REPEATEDLY TOLD HIM THIS, AND , **NOT TO RUN MY CREDIT!!!!! AND, THAT I HAVE FINANCING AVAILABLE WHENEVER I NEED IT! !!!!!!
HE SAID HE WAS**** ONLY GOING TO RUN THE ZERO PERCENT FINANCING, THROUGH CHRYSLER!
Next morning, I'm alerted by Credit Karma, That my credit was ran 8 times that day!!!!
Went to the dealership, and the person who caused the errors, was in a office with the General Manager, Financial manager, my son,aand myself.
He admitted that he had "forgotten to mention that to the financial department, and was sorry.
The DEALERSHIP then advised me that they would be giving me a GREAT DEAL, AND TO PLEASE BE PATIENT.
AGAIN, ....I SAID I DON'T NEED FINANCING!
Next day, he calls, and says he has a great vehicle /value for me, and to come back in.
**NOTE - FRIENDS WITH GM & FINANCE HEAD & THEY PERSONALLY KNEW ALL OF THE TIME, MONEY, AND EFFORT I PUT INTO THE PRIOR YEAR, AND ALWAYS BEING AHEAD ON PAYMENTS!
The dealership has a "3day-300 mile TOTAL REFUND & 7 DAY/700 MILE EXCHANGE POLICY! "THE PREFERRED PROMISE "! SO,....I thought I'd see what was going on. ....
Got home with the vehicle (2016 Jeep Cherokee Trail Hawk 6CYLINDER ) & immediately looked over the contract, before putting it away!
FIRST I notice that the Vin numbers don't match! So I have no insurance on it!
I look up the Vin numbers, IN THEIR INVENTORY, AND FIND OUT ITS FOR A 2016 *GRAND CHEROKEE LIMITED, VALUE OF $ 51K, AND MY VEHICLE IS $41K!!!
Then, being the weekend, I went out to the garage to look at the hood of the vehicle, because as soon as we brought it up front in the sunlight, we-me, son, and 2 salesman notice damage to the hood!
(I run a Detail shop, and know the extent of the damage! )
The dealership had me bring it back, and TRIED TO have the body shop there,"prove me wrong "! It "backfired" on them,...THEIR BODY SHOP said same as I did! "THAT THE ENTIRE VEHICLE HAS TO BE TAPED OFF AND RE-CLEAR COATED " & THAT THEY WOULDN'T ACCEPT A NEW VEHICLE IN THIS CONDITION EITHER "!!!!!! Needless to say, I did not want the vehicle!
I was told to be patient again, ......and they got me another vehicle.
***CURRENT PROBLEM IS "THEY HAD THE CONTRACT WRONG AGAIN "!!!!! AND, 6 WEEKS LATER, ...IT'S STILL NOT RIGHT! !!
Sold me a "Life insurance on the loan" by checking a box, WITHOUT ASKING FOR INFORMATION, AND I DON'T QUALIFY FOR! (JUST GOT THE REFUND RIGHT )
Set up AUTO PAY, AND TOLD ME IT'S ALL SET,.....NOW, I just found out that my payment was NOT PAID, AND THE AUTO PAY NOT SET UP ON THE RIGHT VEHICLE /CONTRACT!
(THERE ARE NOW 4 VEHICLES INVOLVED IN ONE SALE,NOT COUNTING MY TRADE IN!
My credit went down DRAMATICALLY, MY BANK,FINANCING ,INSURANCE COMPANY - STATE FARM, WHO JUST REFINANCED MY LOAN, CAN NOT REFINANCE *BECAUSE OF "MULTIPLE AUTO LOANS SHOWING UP ON MY CREDIT REPORT, AND MY SCORE NOW!!!!
They have destroyed my credit, financing opportunity, and wasted a month & a half of my time, running around trying to correct THEIR ERRORS!
I had a payment of $445 taken for a vehicle I no longer owned, DUE TO THEIR UNTIMELY FILING OF PAPERWORK & CONFLICTING LOANS AND CONTRACTS, ......THAT EVEN THE GM & FINANCE HEAD CAN'T FIGURE OUT! !!!!!!
NOT TO MENTION ALOT OF OTHER ISSUES
.......
BEING THAT THE CURRENT CONTRACT IS STILL NOT RIGHT, ...DO WE GO BACK TO #1 CONTRACT, OR WHAT???
I can no longer deal with these people! They've caused too much damage, and I have spent ENDLESS DAYS, POINTING OUT THEIR MISTAKES, AND TRYING TO HELP THEM,.....ONLY NOW, to find out my FIRST PAYMENT IS LATE, AND WILL BE 10 DAYS LATE, DUE TO THEIR INCORRECT PAYMENT DATE, NOT SETTING UP THE AUTO PAYMENT,THE HOLIDAY WEEKEND, AND SO ON!!
I gave the finance department a voided check, TWICE NOW, TO ENSURE *PROPER ROUTING NUMBER, AND AUTO PAYMENT SET UP !!!
ALOT OF DAMAGE, AND HEADACHE, FOR BEING A 4TH TIME NEW CAR BUYER AND "FRIEND OF THE DEALERSHIP "!!!
WHAT SHOULD I DO NEXT?
THANK YOU FOR HEARING ME OUT!
JOHN

Sales Agreements: Credit Ran 8 Times Without Permission, and Incorrect Sales Contract/S

Compensation and Overtime: Employer is Taking Tips Given to Employees

I have a question or a problem I hope that someone can help me with. I work for a company that is in the tax preparation business and we have client that like to tip us. Well the company wanted us to start using a tip authorization form and to let I our tips come through the system so we did that. Well the company finally realized that we made a lot of money on tips but this year the company did not do as well as they normally do so they decided to hold our tips and keep giving us the run around about getting our money. they are quick to say we are not saying we are not going to give you your tips but it may not be until next year. I have bills that need to be paid now and we were all relying on these tips to make ends meet. At first they gave us little parts of it. Then they froze it and said that they could not afford to give it to us because they are trying to make sure everyone kept a job etc. I am greatful for a job and all but They will not even give us a small portion to keep from being on the streets without a roof over our heads. They even tried to say well we have to research and make sure the clients wanted to leave this amount of money to you but the catch is they have the signed form from the client with the amounts they gave and it was verified by someone dealing with accounts payable as they requested. I dont know what to do I feel like maybe they are trying to find a way not to give it to us. I am not sure what our rights are with this and we really need our money please help give me some answers.

Compensation and Overtime: Employer is Taking Tips Given to Employees

Loan Agreements: Private Sale Scam

My question involves a consumer law issue in the State of: california
I bought a vehicle from a private party. Before I could pay vehicle off the private party sold vehicle to someone else. I still have possession. They sold vehicle to keep from having to get a title which they can not get. I do not believe they ever fully paid off the original loan from the bank. What recourse do I have?

Loan Agreements: Private Sale Scam

Speeding Tickets: Officer Told Me He Clocked My Speed As 83mph but He Wrote 65mph on Citation

Hello all,

On December 27, 2015, I was traveling eastbound on SR-138 around 10:00 a.m., and I was behind a slow moving truck for about 7 miles due to only one lane on each direction, when the first passing lane was available, I passed that slow truck and moved back to the slow lane to let other cars pass, right after I moved to the slow lane, there was a 45 degree angle uphill where you cannot see anything over the other side of that uphill. When I hit the top of the hill and I saw a Ford Explorer police car about 100 to 200 feet ahead parked on the right shoulder with his back window facing me. I immediately applied the brake to reduce the speed. When I passed that police car my speed was below 60 while a few other cars behind me were still passing that slow truck with high speed in the passing lane. About quarter mile later, when the passing lane ended, I saw the police car with lights on and passing about 10 cars approaching behind on the one lane freeway. Shortly thereafter, I was pulled over to the shoulder. When the police officer approached me, he told me that I was doing 83 mph but, he only wrote 69 mph 22349(b) on ticket to help me reduce fine he said.

Here's case record:

03/10/16 Trail by declaration failed with request for traffic school
03/21/16 Officer's of declaration due to the clerk's office
04/08/16 officer's declaration failed
04/08/16 Trail by declaration denied and judge denied traffic school court paper said" Request for traffic school denied because of the high rated speed over the posted speed limit defendant's speed limit was 83+ MPH"
05/12/16 Trail De Novo granted

My court date is 06/15/16, I truly don't believe I was going 83 on 50 mile zone, what should I do at court? The Officer wrote a speed of 69(printed) and hand wrote 83 on top of the ticket, is that something I need to fight for?

Thank you in advance,

Speeding Tickets: Officer Told Me He Clocked My Speed As 83mph but He Wrote 65mph on Citation

Deprivation of Civil Rights: Civil Rights, Human Rights, and Discrimination

My question involves civil rights in the State of California. How do you sue the government for removal and denial government benefits for a minor based off the parents sex/gender?

Deprivation of Civil Rights: Civil Rights, Human Rights, and Discrimination

Changing a Child's Name: Changing My Child's Last Name when Father is Unknown

My question involves name change laws in the State of: Texas

I'm trying to change my daughter's last name to my maiden name. The short of it is the father is unknown and there is no chance of finding who the father is, and there is no father on the birth certificate. I gave her the last name of the man I started dating and became engaged to while i was pregnant with her. Unfortunately things ended and now I am stuck trying to fix my mistakes. I've tried to contact him but he has completely disappeared.

Really my question is what do i need to do to get her name changed. Paperwork, process, the whole shebang.

Changing a Child's Name: Changing My Child's Last Name when Father is Unknown

Judgment Issues: Defendant Spending His Money to Repair His House That He Has with His Spouse

My question involves court procedures for the state of: Florida

I am defending a lawsuit of my former colleague. Now, can I use the money in my bank account to replace the tiles, roof, and countertops; and to get some repairs done on the home which I jointly own with my wife? The lawn is very uneven and rain water is not flowing out freely. Can I pay money in my bank account for adding new dirt to the lawn? We bought this home many years before this lawsuit and we have been living in this home continuously since then. We have no other house jointly or individually. I am scared of fraudulent transfer and related matters and wish to know if these repairs/changes to my home will create any problem to me or my family.

Judgment Issues: Defendant Spending His Money to Repair His House That He Has with His Spouse

Service Providers: Sale of Abandon Repaired Equipment

My question involves a consumer law issue in the State of: Idaho

Having difficult time finding law pertaining to abandon property for State of Idaho;

Specifics;
Engine was brought to engine repair shop from a classic car repair facility as a part of the extensive restoration of the vehicle.
Repair order was written with owners name on the order. (not the shop that delivered it)
Engine was rebuilt with parts totaling approximately $4000.
Shop that delivered motor for owner has been contacted by phone. They say the guy is a flake and not reliable.
Motor has value to other collectors and could easily be sold to recoup costs. Owner has verbally indicated that he will not sell.
Original owner has not signed or seen the work order.

What statute (pardon me if I used the incorrect term here) governs a sale to recover the mechanics cost.
Is there any recourse at all?

Thank in advance for your help

Service Providers: Sale of Abandon Repaired Equipment

Speeding Tickets: 22350 Arraignment and Trial Questions About What is the State's Sufficient Evidence

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

I have an arraignment tomorrow in which I plan to plead Not Guilty to a Speeding Violation 22350 (Endangerment). I'm hoping I can get some clarity on if I should take it all the way to trial or not.

Here are the facts on the ticket:
I was pulled over on my motorcycle by a motorcycle officer. The ticket says the infraction is "22350 VC SPEED", traffic conditions were medium, Road = dry, Speed Approx = 48, Radar = 42, Max Spd = 35, Safe = 35. The officer questioned me a lot at the time about how I accelerated away from a stop light out of sight almost 1/4 mi away. He said he thought I accelerated quickly based on how many gears he heard me go through.

Here is my own testimony at this point:
At the time, I wasn't trying to speed, and I felt like I was just accelerating normally. In fact, if I do the math, assuming 1/4 mi distance to get up to 42 mph, I was accelerating at a 0-60 mph in 27 sec. I really wasn't trying to go fast, a VW beatle is supposed to accelerate 0-60 mph in 6 sec... The next speed limit sign after I was pulled over reads 50 mph. I felt like the traffic was light. It was the middle of the day and there was no one in front of me on the road and a couple people behind me.

I imagine that tomorrow I can ask for the evidence against me (discovery) and supeona:
Weather conditions, Traffic and Engineering Survey, back side of ticket, officer's radar training records, calibration instrument: tuning fork, evidence for traffic, road conditions, and the posted speed limit.

So, my questions are:
1) What should I ask for at arraignment?
2) What should I supeona?
3) How can I enter the math I did on my acceleration into evidence?
4) Do you think the officer is claiming that I was driving unsafely because he radar'ed me at 42 mph or because he claims he thinks I accelerated too quickly?
5) What on a traffic and engineering survey can show that going 42 mph isn't unsafe?
6) If I read the ticket properly, he is indicating on the speeding ticket that the safe speed is 35. Does he still have to show: the weather was bad, poor visibility, another car had to swerve to avoid collision, pedestrian had to dive out of my way?, I came close to colliding with another object, my tires broke traction? Or is over 35 mph enough to claim unsafe, if backed up by a traffic and engineering survey?
7) On the ticket my vehicle is identified as a 2008. But it is actually a 2001. Can this mistake help in any way?
8) How can the officer justify an approximate speed of 48 mph and the radar actually be 42 mph?
9) If he is going to say that my speed was unsafe at 42 vs 35, does he have an easy case?
10) If he is going to say I was unsafe because of my acceleration, does he have an easy case?
11) How and when will I get the materials that I supeona? I would really like to know what the traffic and engineering survey says, especially considering the next speed limit sign says 50 mph which is above the radar and the approximate speeds I am assumed to be going.
12) Is there anything else I'm missing or should be thinking about?

Thanks for any and all help!
Mike

Speeding Tickets: 22350 Arraignment and Trial Questions About What is the State's Sufficient Evidence

Custody and Visitation Issues: My Son's Father is Refusing to Return My Child After a Visitation. What Can I Do

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

Please advise- My son's father and I have an agreement/parenting plan which has specific guidelines regarding visitation. Due to problems we have had in the past, my former attorney had added a section in my parenting plan which states:

"Assistance By Law Enforcement. In the event that the child is not returned to the Mother at the conclusion of any parenting time with the Father, or, the child is not sent to the Father at the beginning of his parenting time, law enforcement shall be directed to assist the complying party. The non-complying party shall be responsible for payment of reasonable attorneys fees and costs associated with any legal action required to secure the child.

The agreement also says that if the father shall forfeit his next visit if he violates this section of the agreement.

Now here is my problem. My son's father picks my son up every other weekend, Friday through Monday. The father is required to drop my son off at either my home or at my son's school every Monday. I had told my son's father in writing last week that if he was unable to bring my son back home, then not to pick him up, reschedule, etc. It is now Monday and I emailed my son's father earlier in the day asking what time he would be bringing my son home. He replied that he will not be bringing my child home at all. I told him that if he did not return my son home before midnight tonight, that I would be calling the police. It is now 5:30 at night, and I haven't gotten any response on when my son is going to be dropped off. I want my kid to come home, as agreed upon. What can or should I do? Do I have any legal options other than contempt? At what point is this considered custodial interference or kidnapping and will law enforcement even be able to help me??


Please advise. I just want my son back from this controlling, narcissistic person.

Custody and Visitation Issues: My Son's Father is Refusing to Return My Child After a Visitation. What Can I Do

Auto Insurance: Accident with Learners Permit but the Other Licensed Person Had Insurance

My question involves insurance law for the state of Ohio
Hello I recently got into accident while i had learners permit, but i did not have insurance at that time. The other person who was sitting beside me had insurance for the car and had license as well. He had full coverage insurance. Does his insurance cover the damage caused to other cars even though he was not driving?
Thank you

Auto Insurance: Accident with Learners Permit but the Other Licensed Person Had Insurance

Probate Court Procedure: Does a Probate Court Have Jurisdiction to Divide Foreign Real Estate

My question involves estate proceedings in the state of: Texas
There is an ongoing dependent administration for the estate of the deceased held in Texas.
However, during the probate procedure it was found that the deceased possessed in community a real estate property abroad.
According to T.E.C. will the probate court be involved with the above real estate or is it a matter to be solved in the Country where the estate is located?

Thank you

Probate Court Procedure: Does a Probate Court Have Jurisdiction to Divide Foreign Real Estate

Custody and Visitation Issues: Fear of Losing My Children

My question involves a child custody case from the State of: North Carolina and Nevada soon to South Carolina. I have two children. I've been with the mother for years, but it's been an up and down battle. The violence and drama that becomes of the situation it's best that we go our separate ways. However the mother of my kids is vingeful, and for me deciding the best interest in our relationship as well as the kids to go our separate ways. She packed her stuff left, and that night sent me a message stating by the time I received this she and my kids will be gone. It's now been a year, and I've tried working with her consistently. Trying to see my kids, my job doesn't allow me to up and leave or travel. So I've only seen them one time within this year. It's now to a point where she doesn't want the children around the person I'm with. She feels as though, I cannot see or be with the children or have them up here unless she comes with them or I choose to be with her. There is so many lies and extreme drama within the issue. At times its best to leave her be, or she creates a bigger problem. Harassing my girlfriend, my job or cutting off all communication. She has her boyfriend around my children consistently, but won't allow me the chance to even speak to my kids. I pay child support. I send her money monthly, as well as whenever she asks for it. Or needs it. Sometimes 3 or 4 times a month. I've been doing what I can to avoid having to go through a custody battle. Now seems like the only option I have to have my kids. I'm opening my business up coming July in South Carolina. And she is located in Las Vegas Nevada. She asked when she and I will be looking for houses. And I stated that we are not getting back together. You have a boyfriend out there and your building a life. I just want to work this out pertaining to me seeing my kids or having them. From that point on it's now been 3 days and she has cut off all communication and won't allow me to speak to her about my kids or won't even answer a phone call or text. I've sent money within this short time and asked if I send can I speak to my children and she has denied by not answering any messages or calls. As well as not returning them. What are my chances of gaining custody enough to see my kids more frequently or gaining them as a sole provider but allowing them mom to see them. I feel that if left in her hands I will not get the chance to see them, unless I leave the person I'm seeing now and decided to jump back in a relationship with her, and quit my job as she's asked. I fear of not getting the chance to ever see my kids if I go through the court. She constantly states what she has on me or that I will have no custody with my kids but only ever have responsibility for child support. ADVICE

Custody and Visitation Issues: Fear of Losing My Children

Petitions and Appointment: How to Get an Emergency Guardianship Order for Grandchildren with Bipolar Mom

My question involves a child custody case from the State of Maryland. Our daughter has bipolar disorder. Six years ago we were awarded guardianship and then custody of her then five year old daughter. It was a very difficult decision, caused rifts in our family and is the source (in part) of continued friction with our daughter.

She has since had three more children and married. Although she continued to exhibit behaviors that alarmed us, we were hoping and praying that things would improve. Especially since her husband, who has demonstrated the level of cares and commitment to the kids that she nor their biological dad have, wanted to adopt the kids (whose father's name does not appear on the birth certificate of the younger two kids). Well, things have deteriorated to the point where her husband (who has exhibited the patience of Job) is ready to throw in the towel. Though we've been supportive ... which by the way our paranoid daughter despises and regards as traitorous, things have reached a tipping point and her husband is ready to throw in the towel, which we completely understand and can relate to based on our own nightmare.

So, here we are again, faced with having to intercede. We are now trying to determine how to best proceed before our daughter flees to Florida (where she left six years ago under questionable circumstances) to be with the kids unstable and criminal father, with the children where they health and safety will be at risk.

Honestly, we had hoped the school would report her to CPS. Which by the way they may have, but we have no way of knowing. We need legal advice. For example, what if any legal rights does our son-in-law have? Whether it's possible to get an emergency order because she is truly unstable? If intervention by CPS would enable us to stall her until we can get the matter to court? Etc., etc., etc.

Any guidance you can provide would be both welcome and appreciated.

Petitions and Appointment: How to Get an Emergency Guardianship Order for Grandchildren with Bipolar Mom

Adoption of Children: Mrs

My question involves adoption law for the State of: Florida.
My husband and I have been married almost 10 years. Before we were married, he was married to his child's birth mother. When my step daughter was 3, her mother had an affair, and left. My husband has had full custody of her. I have been raising her from the time she was almost 5, she is now almost 16. In this time she has never spent the night with her birth mother. Her birth mother moved out of state, and rarely spoke to her, let alone saw her. We received orders to the UK for a 4 year tour, 3 of which we have completed. Her birth mother would only sign the papers if my husband added her on Facebook. My question now is, it has bee at least 4 years since she has seen her birth mother, or had contact with her. My step daughter is asking me to adopt her, but her birth mother will not give up her rights. My step daughter is saying that all she wants for her birthday is for her birth mother to say I can adopt her, and I would love nothing more. Is this considered abandonment in Florida? She used to come up with reasons she couldn't pay her child support, so we took it to the state, she is still behind on support payment. The only contact she has with us is Facebook messaging my husband, usually on his birthday, and possibly a week later for my step daughters. She doesn't call her, we have a magic jack with a local number for her to reach us. She doesn't send cards anymore. She hasn't spoken to my step daughter in years.

Adoption of Children: Mrs

Expungement and Sealing: Petty Theft

My question involves criminal law for the state of: Wisconsin, USA

Age: 19

Last year in September, I was caught stealing cash from a roommate. The total amount was $67. I was given a citation for petty theft and appeared in the courthouse to give my plea on the printed date on the citation paper. I pled Not Guilty and tried to explain my situation, but I received a sentence of pleading No Contest and was found Guilty. I was charged a fine of $250 which I paid in full by the deadline.

1. Would this be considered a crime, misdemeanor, or something else?
2. If asked on job applications if I've ever been convicted of a crime, would I say yes or no?
3. Would this appear on background checks?
4. Is there a way I can have this expunged/sealed/dismissed? What are the rules for having this done?

Please help me; I'm scared.
Thank you all.

-anonymously yours

Expungement and Sealing: Petty Theft

Separation: Separated in Sc and Mother Left State with Kid

My question involves a marriage in the state of:South Carolina. My family has lived in SC for roughly 7-8months. After a heated argument I left for the night. The next day my wife and our 3yr old daughter had moved out. She lived 2hours away but still in the state of SC for a month. I was trying to talk to my wife and work things out and was using moneygram to send money for our daughter. Last week however she informs me she has moved to Florida and to moneygram money to Jacksonville Florida. I honestly do not understand the move as she does not have family or friends there. My question is if there has been no separation/divorce/custody papers filed yet is it legal for her to move across two statelines with our daughter and to refuse giving me their physical location? Isn't this parental kidnapping?

Separation: Separated in Sc and Mother Left State with Kid

Theft and Larceny: Petty Theft Questions

My question involves criminal law for the state of: Wisconsin, USA

Age: 19

Last year in September, I was caught stealing cash from a roommate. The total amount was $67. I was given a citation for petty theft and appeared in the courthouse to give my plea on the printed date on the citation paper. I pled Not Guilty and tried to explain my situation, but I received a sentence of pleading No Contest and was found Guilty. I was charged a fine of $250 which I paid in full by the deadline.

1. Would this be considered a crime, misdemeanor, or something else?
2. If asked on job applications if I've ever been convicted of a crime, would I say yes or no?
3. Would this appear on background checks?
4. Is there a way I can have this expunged/sealed/dismissed? What are the rules for having this done?

Please help me; I'm scared.
Thank you all.

-anonymously yours

Theft and Larceny: Petty Theft Questions

Establishing Paternity: Can I File a Petitions to the Court for DNA Testing Myself

My question involves paternity law for the State of: Mississippi. I was incarcerated when my daughter was two months old for simple burglary and DWI 2nd offence. The mother was going though a divorce at the time she gave birth to our daughter. She never put me on the birth certificate and although willing, affidavit confirming paternity was never filed. I am not even sure 100% who's last name she has. After being released she was 3 years old. I have been in touch with the mother and I have been making child support payments cash to her. Mother and child reside in Mississippi and I reside in Louisiana. After begging and pleading with her she refuses to let me see or interact with my daughter in fear it will be too confusing for her. I just want to be the dad my lil girl needs and deserves. I have been on a good path since my release on parole. I have been employed up until a recent injury at work and currently going through a lawsuit for. I thought this week I would be able to see my daughter by making plans with the Grand parents during their time with her. The mother had found out about that and ended that possibility all together. I have tried looking into how I can establish paternity with my daughter so that I may be the father she needs and help support her. I am now a stay at home step dad to my wife's 10 year old daughter. I have heard that the mother has a registered sex offender living with her for the past two years. I looked the guy up and sure enough there he was statutory rape of a 12 year old girl. I fear that the mother is not fit and of sound mind to watch out for the best interest of our child. I want to pursue physical custody and hopefully share legal custody on the grounds that the life I can provide for my daughter is loving and stable home where she will not have to endure or risk being exposed to any sexual abuse or accusations seeing as she lives with a registered sex offender. The mother has four children and ours is the only one that she has physical custody of as she was already deemed an unfit mother. the mother had been hiding my daughter from me. My daughter is calling somebody else daddy and doesn't even know I exist. Other than hiring an attorney I am at a lost of what to do next! I miss my lil girl so much and it hurts me to know the mother is brain washing our daughter into believing this abuser is her father!! How do I go about getting paternity established when I live in Louisiana and they live in Mississippi? I know what city she is living in but I do not have a good address for her to be served at. Please any advice tips or words of encouragement and also your experiences in the court room is greatly appreciated!! Even if I cannot gain full custody I still want to help support our child and be part of her life as her father. I recently stopped paying her support because she led me into believing she would voluntary file an affidavit admitting I am her father. But each time I asked about her having my last name she brushed me off until straight up refusing. My daughter is now 4 years old and still does not have my name and she will not willingly establish that I am her father. And now that I have stopped paying her support she says I will never see my daughter again!! Our daughter deserves to know both of her parents and have a lasting loving relationship with both of us regardless! I am in no way perfect as neither is the mother. But I have turned my life around and long to nourish healthy life development for our child. The mother has a continuous behavior of manipulating everything into what she wants it to be with no regards to what damage she is doing to our daughter as she did with her 3 children before ours who reside full time with their fathers. Again thank you in advance!

Establishing Paternity: Can I File a Petitions to the Court for DNA Testing Myself

Disestablishing Paternity: Is it Possible to Remove the Biological Father from a Child's Birth Certificate

My question involves paternity law for the State of: Texas

Okay, so I was wondering if its possible to remove a biological father from a birth certificate. He and my mother got divorced shortly after I was born. He hasn't paid any child support and has refused to have any contact with me in the last 18 years. Is it possible to remove his name from my birth certificate due to the fact he has never helped my mother out with me, has never had any relationship with me? Could I have his name replaced with someone who is not married to my mom nor my biological father? What if I get him to agree to it?

Disestablishing Paternity: Is it Possible to Remove the Biological Father from a Child's Birth Certificate

Passing a School Bus: Jury Trial for Passing a School Bus

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

Hello everyone,

I would like to ask to see if anyone has experience going to a jury trial for a traffic violation in general but especially a jury trial for passing a school bus. I am a small business owner and my company truck was photographed passing a school bus. I have three employees and one of the three was driving. Here is the catch, the ticket is charging ME of the crime, threatening to add tickets to MY license if found guilty, and charging ME with the fine. Considering their is virtually no evidence indicating who was driving the vehicle, I am intending on taking this to a jury trial. What do yall think? Before answering please read below. I read through another thread like this and it appears the plenty of people aren't aware of their liberties so I have taken the liberty to address the common objections. SO please don't respond with these.

1. "Its a traffic citation. You won't get a jury trial."....Of course, this is entirely false, I have a constitutional right to a jury trial and their is nothing any court can do to change that. I have to waive my right to a jury and take a plea to not go to a jury trial.

2."If you weren't driving you have to tell them who was or your on the hook for it." This too is false. There is absolutely no law requiring you to testify against anyone else and or "snitch" on anyone and I can't be penalized for not doing so. I know this for a fact. Back in high school, my brother was not the smartest person. He got pulled over by a police officer for speeding. The officer got to the window, my brother went pedal to the medal, ramped the median and got away. Nonetheless the officer had the vehicles tag so of course a few hours later he was at our door step. My mother(vehicle registered in her name) told the officer that my brother had been home and she had no idea who was driving the vehicle. Of course, there was a few days of threats from angry officers and investigators threatening anything they could think of, but my mom stuck to it and said she isn't telling them who was driving. We never heard anything else. So i am well aware, i won't be on the hook just because I won't say who was driving.

3."The car has been charged, not the person.".... Entirely false.


Freedom is so rare in this country anymore even if it were ME i would go to a jury trial while I still have the right to do so...perhaps that little freedom will linger for just a few more years. I am 99% sure if I go to a jury trial that I will be found not guilty or the county will drop the charges entirely before wasting the time and money on jurors for a case that has no evidence. What I am really looking for here is the comments of attorneys and or citizens who have went to jury for traffic citations and how it played out. I am familiar with the courtroom, I know the prosecutor will do everything to scare me into a plea. "If you go to trial and lose this citation can carry a maximum of two years in prison." Things of this nature will come flying out of the prosecutor and judges mouth when I ask for a continuance to obtain an attorney and request a jury trial. But i want to look past the scare tactics and the states objective of generating revenue, and get to the reality of the situation.

All comments are welcome. Thanks in advance.

Passing a School Bus: Jury Trial for Passing a School Bus

Social Security Issues: SSDI + Workers Comp + SSDI Offset Confusion

Hello, Not sure if this is correct place to post this or not so Admins please feel free to re-locate.
This is complicated (for me at least) so it will be kind of long winded, and I know that to get good answers I need to explain as much as I can, sorry
Facts:

The state I worked in only has a SSA approved Workers Compensation (WC) Reverse Offset for Permanent Total Disability (PTD).
The company I worked for is "Self Insured for WC" meaning they have a Third Party Administrator (TPA) to handle WC claims.
They also had a private pension plan so no Social Security (FICA) was paid in the last few years therefore my ACE is very low resulting in a low SSDI benefit.

In the first week of May 2014 I had an on the job injury in a "no-fault" state.
Supervisor was on site and notified of accident and injury when it occurred.

6 days later I was hospitalized in ICU with internal liver injuries and Sepsis for a period of 21 days.
The accident caused lesions on my liver which resulted in my body becoming sepsis.
I was then sent home with 2 liver drain bags and a picc line (for 6 weeks of antibiotic home infusion) due to whole body sepsis which affected/damaged almost everything in my body.

My employer did not file a WC claim until end of June 2014, 3 weeks after I was released to go home from hospital, almost 7/8 weeks after accident.
On the first day of being off from work (6 days post accident) they put me on FMLA (12 weeks) (instead of WC) and paid me bi-weekly until my accrued sick time, leave time and accumulated K Time (unpaid overtime) were used up, then I was terminated in Oct 2014 for not having the minimum required sick time balance.

My doctor(s) had indicated to them (WC) in Sept 2014 that I would never be able to work again without extensive medical and physical rehabilitation due to the damage caused by the sepsis to my system.
The whole time the above was going on the TPA were stalling saying that they could not make a determination to approve or disapprove my claim because they had not yet received all of my medical records.
This went on for almost a year until I realized that they were just stalling until the deadline for filing a 1008 would expire and I would lose my WC rights and they would no longer be liable.
I then hired a WC attorney (with no Social Security experience). And he started the legal process which protected my WC rights.

In June 2014 (after my sick,leave and K-time ran out) I applied for SSI and SSDI and was approved which after the 5 month delay started my SSDI income Jan 2015.
I only received SSI for 1 month, Jan 2014.
I am still drawing SSDI and am not scheduled for a review until 2022.
Still no decision on my WC case except that they had "controverted" it pending investigation.

In May 2015 I received a Indemnity check covering from the date of the accident (May 2014) until Jan 2015 and (2) 1002's, both were dated the same day, (1) starting my WC benefits and (1) stopping them.
They paid indemnity benefits but not any of the medical bills or the ongoing associated related complications.

My attorney stated that because the check was for lost wages/ periodic payments and represented a time frame prior to my receiving SSDI that I need not report it to SSA, So I did not.
(I used that money to catch mortgage and other bills up and to repay loans from family and friends)

After jumping through all the hoops for the TPA's including (2) second medical opinions and numerous tests they are still fighting it, even though their own doctors concur with all my Dr's as to my condition and current status which is Temporary Total Disabled (TTD).
Which means the employer cannot take a reverse offset but SSA can.

I have just been informed that they are going to send me checks for my out of pocket Mileage expenses, Pharmacy Expenses, and their underpayment for the incorrect Average Weekly Wage (AWW) on the initial check, and Indemnity Payments(lost wages) from Jan 2015 thru Oct 2015, (but not to up to current date).
My WC attorney says there will never be a full and final or a settlement on my case due to the cost of what a Medical Set Aside (MSA) (would be in excess of 7 figures).

We are scheduled to go to trial in less than a month (for the 6th time) and I am wondering if this check is a Trojan horse.

I cannot afford to hire another attorney at this time for the SSDI questions I have so I am reaching out here for some guidance.
I hope I have not left out any pertinent information, so ask me if I have and I will try to clarify any questions.
I am trying to determine how best to handle this and what effect this will have on my SSDI.

So...
Here are a few of my Questions:

Should I have reported the first check (for May 2014 - Jan 2015) That I received in May?
(I know I need to report the 2nd indemnity check because it represents monies received while getting SSDI.)

Since these indemnity checks represent periodic payments and not a lump sum (LS) and since I have no settlement or court documents to submit to SSA, How do I report it (or them)?

Any thoughts on:
We are scheduled to go to trial in less than a month (for the 6th time) and I am wondering if this check is a Trojan horse?

Will I be subject to an offset?

If so How to figure it?

How else could this affect my SSDI?
(Which I do not want because SSDI is regular and guaranteed whereas WC has been known to "misplace" checks.)

When I get some answers to these questions I am sure I will have more and will ask them then,
Thanks.

Social Security Issues: SSDI + Workers Comp + SSDI Offset Confusion

Violation & Enforcement: I Own My House, Not Him

My question involves restraining orders in the State of: washington

My boyfriend got a no contact order against me. His name is not in my mortgage, but he has changed my locks and won't let me in my house, and refuses to vacate. It's my house, not his. What can I do?

Violation & Enforcement: I Own My House, Not Him

Violation & Enforcement: I Own My House, Not Him

My question involves restraining orders in the State of: washington

Violation & Enforcement: I Own My House, Not Him

Civil Rights Issues: Informed Consent

My question involves civil rights in the State of: California and Washington

My question is regarding informed consent. Given a circumstance in which an individual was deemed unable to give informed consent and a nearest of kin or other was contacted to do so. If that individual wanted to know if some form of consent had been given on their behalf, how would they find out? Take into account there is a high probability of some sort of non disclosure agreement regarding the circumstances involved. As such a straightforward question to the involved parties may not ascertain any reliable information. What legal protections and rights are individuals entitled to ascertain information regarding whether or not any type of consent was given on their behalf at any time? What agencies would it be helpful to contact? What documents would it be helpful to begin gathering in order to prepare to present to a lawyer?

Thank you

Civil Rights Issues: Informed Consent

Grandparents and Third Parties: Transferring Custody to Grandparents While Attending College

My question involves child custody in the State of: Virginia
My daughter is 17, soon to be 18, and is leaving for a 4 year college in the fall. We are unsure what we need to do to get custody and/or guardianship of our 1year old grandson signed over to us before she leaves. She has full custody and is the only parent listed on the birth certificate. They have both alway lived with us.

Information on the father: He is 20, took a court ordered paternity test last year, has never requested to be listed as the father or for any type of visitation, he has paid child support twice.

Grandparents and Third Parties: Transferring Custody to Grandparents While Attending College

Defamation: Can You Sue a Former Employer for an Anonymous Bad Reference

My question involves defamation in the state of: Indiana

We are waiting right now as the EEOC is investigating employment discrimination against previous employer A) for alcohol abuse under the ADA, and the same against hiring company B) for the same. (in addition to other charges being against company A)*

Company A sent an anonymous email to company B, stating drinking & driving in work van (false), caught drinking on job (false), caught leaving mutiple liquor stores (false). Company B wanted to have me explain the anonymous email (as I was scheduled to start with company B in 4 days). Company wont hire me til I have a letter stating cause of termination. Even though I had passed all drug screens, physicals, background check, etc and was supposed to start work in 4 days. I said I resigned in the inverview, and future employer was ready to hire me, (and not question me about any of my past or want to bypass me in employment) until she received this email.

Do I only have a tort/tortious interference case, or do I ALSO have slander and libel as well (from the lies, possible black listing, and professional demeanor)?

Thank you
John

Defamation: Can You Sue a Former Employer for an Anonymous Bad Reference

Civil Rights Issues: Stop Sign Citation Violation in California

I've been reading all about stop sign citation violation , and I couldn't see any chance of me winning this case , my only question is , since I already paid the fine of 237.00 , what it can happen in my court date ? I will have chance to try to defend myself ? Also I learned that the referee in charge is very restricted , he wont let me talk .
Is there any chance to the officer no show up and have my case dismissed ? Sorry I'm totally lost .
Thanks

Civil Rights Issues: Stop Sign Citation Violation in California