Gifting a Car to Someone in Another State

My question involves a consumer law issue in the State of: California and Virginia

I am a resident of California. I have a paid off car and hold the title for it. I have a sister who is resident of Virginia. I want to give(gift) my car to her as she desperately needs a car. What is the whole procedure for this? How can I transfer the title to her name? Do I have to become a resident of Virginia, or can I do everything while being in California and she being in Virginia. The only thing that I know is that shipping a car from California to Virginia will cost me $1000, a car shipping company will do it for me. But I have no clue where to start the legal procedure of title transfer to my sister. Can you please guide me!!!!! Looking forward to your kind reply.

Thank you so much

Gifting a Car to Someone in Another State

Trademarks: Using Same Business Name in Another Country

I started an artist management company, in Canada. I realized there is another artist management company in UK with the same name. The genre's we represent are completely different and would never cross over. Most of their artists have no tour dates, except one who is decent sized but only performs in London as I can see. I have no plans to go outside North America and they're a pretty small company, and haven't expanded since 2005. Management companies don't really sell anything to the public either but I'm not sure if that will matter. They've been around since 2005 and I've just started. Thoughts?

Trademarks: Using Same Business Name in Another Country

False ID: Minor in Possession of a False Id; B and P 25661

My question involves criminal law for the state of: California

Last night I was charged with presenting a fictitious ID at a night club. The officer marked this offense as an infraction on my citation and not a misdemeanor. I am a college student living in California, and have a Maine driver's license. When I had a legal consult with a lawyer today he mentioned that with an infraction for this type of offense I could get my license suspended for up to a year. He said this without knowing that my home license is Maine. I noticed that Maine is not apart of the Driver's License Compact. Does this help me at all?

Additionally, if I accept the infraction and just pay the fine or do community service, will this show up on my record? As a college student who is going to be looking at jobs in the future, I think this is definitely something that I will need to be considering.

False ID: Minor in Possession of a False Id; B and P 25661

Car Towed with Intentionally Ficticious Plate

My car was parked near a fire hydrant in Brooklyn, New York with a fake Florida license plate. It has a legitimate Florida plate, but the fake plate was being used when it received a ticket and was later was towed by NYPD. The car was never driven with the fake plate.

An attempt to retrieve the car failed since the plate number did not match the vin number.

If I explain to the tow pound the situation and admit to the use of a fraudulent plate, can I be arrested on site for such a crime, or will I be given a citation or summons?

Car Towed with Intentionally Ficticious Plate

Premises Liability: Law Firm Trying to Take Advantage of My Mother After Settlement

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

Hope to get some help here and appreciate any feedback.
It seems like my mother's attorney is trying to take advantage of her.

My mother recently got awarded a sum of money after a 5 year case where she fell near a major store that her attorney litigated against. Her attorney took his 33% but then charged another $4,000 for "administrative fees". Fees that she said he never mentioned before. This includes some sort of investigator fee of $1,500, hospital records, $350 for preparing to request hospital records, etc. I know that law offices have expenses that are usually put in a retainer, but in this situation he never told her about these fees and simply subtracted this amount off of her settlement award. Is this normal? What would you do in this situation? What are our legal rights.

Thank you.

Premises Liability: Law Firm Trying to Take Advantage of My Mother After Settlement

Former Employer Has Banned Me from Property, Will Not Return My Personal Truck,

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

Was not sure the exact sub-forum to post this is so if I am wrong please move and thank you in advance this situation is driving me crazy.

I was terminated from a position in a skilled trade for stealing materials (Wire). I admitted to it, returned everything and made my peace with the employer and God.
I know it was wrong and have paid dearly for it and I don't want this to turn into an ethical debate. I feel horrible as I should.

Long story short I was terminated at a jobsite and was dropped off at my house by a fellow employee and friend at the end of the day and my employer and I parted ways on agreeable terms or so I thought. The next day I received a text stating that I was banned from the property (Shop) and if I were to return I would be prosecuted for trespassing. I understand that, it is their right; the problem is that my personal truck is parked at the shop still and I need to go get it. I parked it there 5 weeks ago to work on it because the shop has an automotive lift. My boss and has been helping me with it on and off as a project, him being a former GM mechanic. I have sent NUMEROUS texts to the boss, the office manager, the receptionist, and the field manager asking when a good time would be to arrange for my truck to be picked up. NO RESPONSE even though I can see the messages have been read. I called and the answer I got was " What truck? I know nothing of a truck of yours here. " Obvious lie, his hands have been all over my truck!!! I have been so polite in all of my messages and I have screen shots of every conversation I have had regarding this issue. Now over a month later after calls, texts, emails, a letters to every avenue of the company from myself, my wife, my father, and others and we get no response. I have not threatened criminal action because I do not want to risk "Extortion".

It is MY truck, has NOTHING to do with the company, and I am not being allowed to get it. Hearsay from other employees is that they are trying to keep my truck and have moved it to a different spot out of sight on the property than where I had left it. That is only hearsay so I am not accusing them of that but it sure as hell feels like that. I have the title but they are the type to shoot and ask questions later if it is on their property, I mean we all carried firearms at work daily.

What can I do??

Sorry so long I started to get aggravated while typing. Thank you for any advice.

Former Employer Has Banned Me from Property, Will Not Return My Personal Truck,

Traffic Accidents: Car V. Rollerblader (in Street)

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

I was driving around looking for parallel parking downtown. I was going very slow, because it is not always easy to know if it is a space for parking or if it is in front of loading only areas or driveways. There was no one behind me, I saw a spot, put my blinker on and "slowly" stopped. I glanced in my review mirror, before backing up, and see someone on rollerblades nearly ram into the back of my car. As he goes by, he screams "bitch learn how to drive" and bangs on my car. I then see him waiting at the end of the street, and I was worried he would come back and do something to my car...so I preceded on and he preceded to follow me around for 15 minutes VERY closely to my car (as the speed limit was 25 in this area). I pulled over into an open lot and proceeded to call police....he's still screaming at me....I tell him I am on the phone with the police and to sit tight. He takes off like a bat out of hell. I got to work and ordered a front and rear dash cam. However, if he is "operating" in the street, shouldn't he be leaving enough room between him an any other vehicle that would give him enough time to stop????? Just like any car on the road would do? If he had hit my car....would that have been my fault?

Traffic Accidents: Car V. Rollerblader (in Street)

Abuse of No Contact Injunction by Petitioner

My question involves criminal law for the state of: Florida

My question involves a no contact injunction in the State of: Florida

My ex girlfriends mental condition was becoming increasingly more erratic and violent at wich point i dissolved the relationship after nearly two years, left her and moved out.* Out of revenge she attempted to sue me in Civil court, the case was thrown out by the Judge. Unsatisfied she proceeded to file a petition for a no contact injunction under the accusations of stalking even though i have had no countact with her in nearly a month. As i did not wish to continue any sort of relationship with her i did not attend the hearing for the injunction and she was given a default judgment. The very day i was served the papers for the injunction my phone rang, it was an acquaintance of hers attempting to lure me out to her location where my ex girlfriend was, in hopes of having me arrested for violating the injunction (i have this phone call recorded). The next day i began receiving messages via Facebook from my ex girlfriends sister, aggressively soliciting me to meet in person and engaging me in conversation about her sister (i have preserved screenshots of her initiating contact) a few days later i received a phone call from a police officer informing me that they had been sent screen shots of the sister communicating with me and that it was considered 3rd party communication and that a local pickup warrent had been issued, i immediately turned myself in with a bondsmen as i was told i was being charged with a 1st degree misdemeanor, assuming i would be able to bond out i willfully turned myself into custody. Upon spending the night in jail i appeared for first appearance and was hit with a $20,000 bond and a 3rd degree felony charge for "willful violation of an injunction".

I have a plethora of evidence to the contrary of these allegations. Phone recordings, screen shots, witness testimony and video.

I need help and direction of how to peotect myself when i go to court for this. The integrity of the accuser (ex girlfriend) should be a factor in my defense including the evidence i have. She has been banned from 4 nightlife establishments (including my place of buisness) for harassment and showing up night after night to intimidate me.

She is a known liar and con artist and has been exposed in the media for her schemes. Below are links in reguard to the above statement:


http://ift.tt/2nJCrys

http://ift.tt/2nJsBwO

https://youtu.be/vy4CCyHp56E

https://youtu.be/zV0dq-wSMEQ

This is but a small part of the many articles and allegations against her character.

Ontop of the evidence i have preserved as well as the media coverage, i need help in preparing my case so i can hopefully beat the charges aginst me or at the very least avoid jail time for this ridiculously blatant attempt of entrapment.

Abuse of No Contact Injunction by Petitioner

Violation & Enforcement: Abuse of a No Contact Injunction by Petitioner

My question involves a no contact injunction in the State of: Florida

My ex girlfriends mental condition was becoming increasingly more erratic and violent at wich point i dissolved the relationship after nearly two years, left her and moved out. Out of revenge she attempted to sue me in Civil court, the case was thrown out by the Judge. Unsatisfied she proceeded to file a petition for a no contact injunction under the accusations of stalking even though i have had no countact with her in nearly a month. As i did not wish to continue any sort of relationship with her i did not attend the hearing for the injunction and she was given a default judgment. The very day i was served the papers foe the injunction my phone rang, it was an acquaintance of hers attempting to lure me out to her location where my ex girlfriend was, in hopes of having me arrested for violating the injunction (i have this phone call recorded). The next day i began receiving messages via Facebook from my ex girlfriends sister, aggressively soliciting me to meet in person and engaging me in conversation about her sister (i have preserved screenshots of her initiating contact) a few days later i received a phone call from a police officer informing me that they had been sent screen shots of the sister communicating with me and that it was considered 3rd party communication and that a local pickup warrent had been issued, i immediately turned myself in with a bondsmen as i was told i was being charged with a 1st degree misdemeanor, assuming i would be able to bond out i willfully turned myself into custody. Upon spending the night in jail i appeared for first appearance and was hit with a $20,000 bond and a 3rd degree felony charge for "willful violation of an injunction".

I have a plethora of evidence to the contrary of these allegations. Phone recordings, screen shots, witness testimony and video.

I need help and direction of how to peotect myself when i go to court for this. The integrity of the accuser (ex girlfriend) should be a factor in my defense including the evidence i have. She has been banned from 4 nightlife establishments (including my place of buisness) for harassment and showing up night after night to intimidate me.

She is a known liar and con artist and has been exposed in the media for her schemes. Below are links in reguard to the above statement:


http://ift.tt/2nJCrys

http://ift.tt/2nJsBwO

https://youtu.be/vy4CCyHp56E

https://youtu.be/zV0dq-wSMEQ

This is but a small part of the many articles and allegations against her character.

Ontop of the evidence i have preserved as well as the media coverage, i need help in preparing my case so i can hopefully beat the charges aginst me or at the very least avoid jail time for this ridiculously blatant attempt of entrapment.

Violation & Enforcement: Abuse of a No Contact Injunction by Petitioner

Speeding Ticket in a Work Zone, but the Officer Didn't List It As a Work Zone

My question involves a traffic ticket from the state of: New York

I am a 19 year old that's been driving for two years, with a clean driving record up to this point.

I recently got a speeding ticket past a work zone, I was late to an appointment with ironically a lawyer, which I told the officer, and I was apologetic that I couldn't find my license and registration right away for the officer, and told him I was late to the appointment. The officer gave me the ticket and a supporting deposition with a picture of the radar and my license. 83 in a 55. I was about 2 miles past marked work zone speed limit signs for 45 mph, and any orange barriers or workers. There were speed limit signs that updated the speed limit to 55 mph, on a very clear, open, flat highway with zero visible road work, orange barriers, or anything to indicate it was still a work zone for that matter. The officer did not write that I was in a work zone on the ticket, and the code violated was listed as 1180B, with a description just "83 in a 55 marked zone" and the location was "near exit (number here)". I take this route every day and have noticed that about 1 mile past that exit, less than a quarter mile from where I was stopped, there is a sign marked "END WORK ZONE", and "END HIGHER FINE ZONE".

The DA of my town has applied a traffic diversion program that I applied to get the ticket dismissed, which costed me a non-refundable $400. I applied for it and plead not guilty, and haven't gotten the response yet. If the ticket was in a work zone, I will not be accepted into the program (which is a 6 hour course) and would face the awful consequences of my infraction PLUS the work zone.

However, according to the exit reference and the signs, shouldn't I technically have been in a work zone? Why didn't the officer record I was in a work zone? Was the officer giving me a break? If it isn't marked on the ticket, will I be tried as if I was in a work zone? Can I potentially use this as an argument if my ticket does not get dismissed in traffic court?

Any help is beyond appreciated.

- A nervous teen.

Speeding Ticket in a Work Zone, but the Officer Didn't List It As a Work Zone

Enforcement of Judgments: Appeal Judgement

My question involves a marriage in the state of: Arizona

I was serving a 5 year sentence in a Federal system. My ex filed back child support and told the judge she didnt know my where about (she knew, I was calling our son every week). Judge awarded her a Final Judgement. I never was served, nor was I aware of this case.

Now, I am out. How after all these years, do I appeal this Final Judgement. I want to pay, but not the crazy amount that was award to her, what is owed. My boy is now, 25.

Thank you, all.

Enforcement of Judgments: Appeal Judgement

Used Car Dealer

My question involves a consumer law issue in the State of: purchased 2005 Chevy UPLANDER seven months ago. AWD was advised on window with yr and price. AWD has not worked since we bought it. The old dealer since has taken place back cause other guy was killing business. Had car checked today and cost to fix AWD is $407.

Used Car Dealer

Boss Sends Me Texts for Money

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

I'm employed as a doorman in Manhattan. I'm having surgery in a couple of weeks on my nose to fix my breathing. I've asked my boss to use my sick days one day before and after the surgery. He told I can have the one after the surgery. However, he states if I want the sick day for the day before the surgery, I would have to pay him money. Is this a type of extortion? What crime is being committed?

Boss Sends Me Texts for Money

Re-Location Mom, Move Away Dad, Relocate Move Back Mom

My question involves a child custody case from the State of: AZ to SC

2015-Stipulated agreement father allowing mother (sole legal decision maker) to relocate from Az to SC (Arizona order). Father has parenting time; Summers and Christmas, flights paid equally. 2011 Mother was granted sole legal and physical custody due to fathers drug addiction during Family drug court. Relocation to SC was due to military orders and a reassignment base.

***Mother knew that she needed to be back in Arizona due to fathers slight relapse after drug court (proof from his family). Our Family had to spend a minimum of 2 yrs in SC to ask for reassignment back to Arizona*** Father was made aware of this situation on multiple occasions and seemed very happy. We felt we needed to keep everyone close.

Father and mother had great co-parenting relationship. Father and mothers husband worked on vehicles together, father came for Christmas's in Az, etc. (People would describe our situation as weird, but we did it for our child, nonetheless its been 10 years since the divorce).

Moreover, 2015 and 2016 mother and the husband kept father in the loop on the military orders situation and the status of them. Oct 2016, mother text father that orders were issued that they would be returning back to Arizona Summer 2017. Dad was very happy and said cant wait to have you all back.

60 days later, father says hes moving to Texas to pursue romantic relationship. Mind you the female I know. She helped alter his hair follicle document (long story).
Anyway, father says the reason for his move is that hes unhappy in Az, depressed, getting evicted from apartment, gave aware firearms, lost his job, and needs change. Mother suspects relapse due to extreme behaviors (text msg). Father didn't give notice to mother just left and never gave mother a chance to object to the parenting time to be relocated to another state or him to consider if it were in the best interest of the child. Father left with no job lined up and back child support of $2500. Fathers move was March 2017.

Dad feels his parenting time should take place in Texas now and asks mother why she feels she decides if the parenting time is only for Az. Mother disagrees due to 1) order not stating parenting time in Texas 2) suspicion of drug use and 3) disrupting child sport schedule. We are moving back to provide stability. However, mother has given father the opportunity to drug test by a certain date to rule in or out the use of narcotics, and go from there, father refused. Mom would have considered some sort of visitation agreement schedule however the subject of relapse is still a factor. How would mother ever bee able to tell if a full blown addiction is taking place when father is in another state? Both Mother and the father do not have any family in texas for child to go to if something happened to father.

Now the next issue: Child sports. Training begins Middle June and season ends March. This sport is a travel competitive and has been played for 9 years, child is now 12. Mother and husband has signed and solely paid for this sport. Father struggles financially.

So the question is, since Mother gave father in text 10/2016 coming back to Az, Dad leaves 3/2017, Mother relocates back 6/2017, what would be the next step especially considering there is a drug relapse in question and the father wanting to take him to another state without my approval? What are my rights having Sole Legal decision making? What are fathers rights not having custody or decision making, only a parenting time? Child begins his sport again a couple weeks after we get to Az. In our original divorce decree is does state that either party cannot relocate out of the Phoenix Metropolitan area without petitioning the court. I realize something has to be filed I just don't know what and my appointment with my attorney in Az. Looking for thoughts.....By the time I get to Arizona, father would have only been in the state of Tx for only 3 months.

Dad told child on phone that hes going to take him to Tx. Child says "I don't want to go I want to play my sport, your the one that left". Dads irate.

Am I in the right, am I in the wrong, am I properly advocating for my son, am I protecting him physically and emotionally???? I'm so confused.

Re-Location Mom, Move Away Dad, Relocate Move Back Mom

Appeals: How to Appeal a Traffic Ticket to the Court of Appeals

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

Greetings,

I appealed a traffic ticket I was issued in San Diego on January 2016. My court trial was in May 2016, I submitted my Notice of Appeal shortly after, briefs were submitted between November 2016 and January 2017, my oral arguments were in February, and the decision came back in early March: trial court decision affirmed. I petitioned for rehearing because they did not even address the 2 major points in my appeal; they affirmed the decision based on other things. My petition was denied.

I have 2 questions:

1) The petition for rehearing was denied by the same judge who heard oral arguments and made the decision. Is that even legal? Can the petition be seen by the same judge, or must it be reviewed by a different one?

2) I'm strongly considering taking the appeal up to the next level, which would be the 4th District Court of Appeals. But I'm not sure how to proceed. You can file electronically, but first, I have to file a notice of appeal. But the only options available are Criminal, Civil, and Juvenile. Someone told me I could use the Criminal form, but it says "Felony" all over, which is making me hesitate. It's form CR-120... would that be the correct form to use?

Thanks for any advice!

Appeals: How to Appeal a Traffic Ticket to the Court of Appeals

Starting a Business: Where to Incorporate a New Business That Operates in More Than One State

My question involves business law in the states of: Minnesota and New York

Hello,

I am in the process of starting an online retail business. My partner and I each share 50%, we do not hold any stock of items at either of our homes, items will be shipped directly from our manufacturer. We have a business address located in Minnesota. We are in the process of getting LLC and DBA. From what we can gather, we will need to LLC and DBA in Minnesota, but we are not sure if we need to also do a foreign LLC in New York? The partner who lives in New York will not be doing any advertising or selling at local markets whatsoever.

Our biggest concern right now is whether or not we will need to get a foreign LLC for New York. If so, would we still need one if we prevented any sales in the state of New York?

We are trying to gather as much information as we can prior to talking with a lawyer in person so as to not waste anyone's time.

Thank you for your help!

Starting a Business: Where to Incorporate a New Business That Operates in More Than One State

Harrassment

My question involves criminal law for the state of: WA
"I hope you have cancer "
"I hope you have AIDS"
Can those be viewed as death threats while someone can never carry those actions.

Harrassment

30 Day Late Report for February

Not sure if this a state by state issue, but Ct is where I am if it matters.
We have just been notified that a report of 30 days late has been submitted on our credit report for the month of Feb 2017, the payment was made 3/1 and the lenders customer service rep is saying that it can be reported as 30 days late because it has gone into the next due date period.
Is this the case ? it was my impression that day 1 of being late would be on the 2nd and the counting begins as of then, making this particular payment 28 days late ?
I know, pay on time and I have no worries, trust me....we are trying, it's been over 4 yrs since any derogatory reports and we are workng hard, but things are very tight for us now, any insight would be greatly appreciated!!

thank you !

30 Day Late Report for February

Privacy: Audio Recording in the Workplace Legal

My question involves labor and employment law for the state of: Michigan
So, I work in a small retail store and the owner installed cameras and audio recording device.
I understand the cameras but I do not like the fact that I am being audio recorded (and all customers being recorded too)
The owner sits and listens to everything on his cell phone and all conversations are being recorded and saved...is that legal ??

Privacy: Audio Recording in the Workplace Legal

Trusts: Revocable Trust with Pour Over Will vs Will

My question involves estate proceedings in the state of: Florida

Could you explain the pros and cons of a revocable trust verses a simple will? Only one beneficiary. Estate is worth about $300K.

Considering that the trust must also be filed with the probate court.

Quote:

---

From the FL Bar Association:All of the tasks that must be performed by a personal representative in connection with the administration of a probate estate must also be performed by the trustee of a revocable trust, though the trustee generally will not need to file the same documents with the clerk of the court. Furthermore, if a probate proceeding is not commenced, the assets making up the decedent’s revocable trust are subject to a two-year creditor’s claim period, rather than the three-month non-claim period available to a personal representative.

---

Trusts: Revocable Trust with Pour Over Will vs Will

Business Issues: Discuss Your Issues with the Best Corporate Law Firm in Vancouver

Get legal advice relating to starting a new business , Partnership agreements, Sales acquisitions and mergers/amalgamations, Promissory notes, Bill of sale, restructuring or developing an exit strategy from Grandview Law. Depending on your legal matter and your circumstances Grandview Law provide the best resolution which gives you help to make over commercial transactions to venture capital. As being a Best Corporate Law Firms, Our Lawyers have built businesses and understand the requirements of each business type. To know more mail at info@grandviewlaw.com or call 604-560-1400.

Business Issues: Discuss Your Issues with the Best Corporate Law Firm in Vancouver

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Starting a Business: From 1099 to a Buisness

I'm employed as a 1099 for a company where I work as an electrician. Since I'm already considered self-employed would it be possible to form a business ( like an sllc) and receive payment through my business?
Thanks for any help you all can give me.

Starting a Business: From 1099 to a Buisness

Driving Records: S8 and S8 Plus Impress People

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Driving Records: S8 and S8 Plus Impress People

Harassment: Live Threats from Neighbour

My question involves criminal law for the state of: WASHINGTON

I have loud and annoying racist neighbour (black woman) who hates me the day I moved to new condominium. She also has kids which she eggs on against me.
Last evening I noticed that kids played in parking lot, next to my car, something like "seek and hide". I started to watch them. Then I noticed they were sneaking too long next to my car. I came out to parking lot and observed my car, I noticed fresh scratch that I had not before. I started to take pictures, and video of my car. Those black kids were around ( they may got on video)

About 2 hours later their mother knocked to my door yelling and screaming, cursing and insulting me . She was mad that I made video (kids complained to her that I filmed them), she told me if I gonna film their kids again " she will kill me, kick my ass, beat me up ". She insulted me every possible way, made racist insults, that I should go back to China ( I am Asian, but not from China), called me f words, "b-ch", Chinese bi-ch almost broke my door when knocked it. I have witness neighbor He saw and hear it while he was on his parking spot.
I called the police. While I waited , her mother come to my door and started to threat me by jail (I recorded it). Police arrived, they did not make any arrest though. Just talk to me and them.
I recorder the 2nd part of their coming and give to police to listen. Police officer said I should be worried.

What should I do in this situation? How can I get a restraining order on this neighbour?
I will appreciate your answers and advice. Thank you

Harassment: Live Threats from Neighbour

Criminal Records: Do Criminals Have a Right to Privacy

My question involves criminal records for the state of: Illinois

I am trying to get a copy of a police report, but certain details are being redacted. The agency withholding the information claims that it would be an invasion of privacy. This can only be read as an attempt to protect the arrestee/defendant, as the victim's identity is unknown and exempt from disclosure.

But do criminals even have a right to privacy in this regard? We are not talking about things like social security numbers here; we are talking about the very circumstances that resulted in their felony charges.

Criminal Records: Do Criminals Have a Right to Privacy

Speeding Tickets: 10 Over in a 30 - Best Option

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

This ticket I received last night at approx. 10:30 PM in Spokane County.

Headed south on the main street of Spokane (Division) I was headed downhill with no traffic. Oncoming cop pulls a U-turn and promptly pulls me over saying he clocked me at 42.

I have no violations on record and bottom line don't want my insurance affected. The way I see it my options are to defer (I'd rather save this), go to traffic school (costs the same as the ticket - 136$), or pay the ticket. I know there is a chance I can get out of it by going for technicalities on requests for discovery / SMD certifications but I don't know if I should check mitigate or contest for this option.

If relevant, the cop was a rookie/younger guy. Seemed to feel bad about giving me the ticket.

Link to ticket (edited out my license plate/address/last name) : http://ift.tt/2nFxlDi

Thank you for your time,
Mike

Speeding Tickets: 10 Over in a 30 - Best Option

Child Care: What Are My Rights As a Father Once the Mother Gets Out of Jail

I have raised my son alone since the mother of my son has been in prison for a few years. We do not have any thing court ordered. My son resides with me. Now that shes out she is wanting to take my son out of state, which I am not ok with. What are my rights? We are in Seattle WA.

Child Care: What Are My Rights As a Father Once the Mother Gets Out of Jail

Appeals: Lc Entered New Order Despite Pending Appeal. is a Writ of Prohibition Appropriate

My question involves court procedures for the state of: MI

Although one or more replies might be like "ask a lawyer", I should say that at this point I have more appellate experience than the opposing counsels (of my appeals) taken together. Besides, I also know of many Michigan attorneys who don't even make it to the COA.

Short version: While my appeal is pending, the trial judge keeps violating the Court Rules (MCR 7.208) by entering orders without a hearing. I need to know whether (1) a Writ of Phohibition would be the appropriate remedy since the judge is abusing/exceeding jurisdiction, or (2) the Court Of Appeals is likely deny my Writ Complaint with the argument that the new order by the trial court is (or upon remand will be) appealable.

Long version:
New evidence unexpectedly surfaced while my appeal as of right is pending. In fact, I had pursued that evidence during discovery but the judge precluded it. The defendant constantly gets in trouble everywhere, and at some point she impliedly waived the protective relief during her recent activity, which led to the newly discovered evidence. Although I'm confident about my position/appeal, the new evidence is dispositive on its own and non-cumulative.

Since the Court Of Appeals has jurisdiction over my case, I initially filed there a motion to expand the record with the newly discovered evidence (I actually started a thread about that in this forum). The COA denied my motion without stating any reason(s) for the denial. As a result, I filed the new evidence by motion in the trial court and within the time constraints in MCR 2.612(C).

In my motion at trial court, I stated very clearly all of the following:
1. That, absent leave of the court, the Court Rules prohibit the trial judge to alter the record while the case is in the COA.
2. That I reported to the COA the judge's former/similar violation, and that I submitted to the COA evidence (also available in the record on appeal) that disproves the false statements in that violation. I attached to my trial-motion the COA's receipt of my notification.
3. That the judge's violation of the Court Rules constitutes abuse of jurisdiction.
4. That Michigan and other states contemplate the Writ of Prohibition as a civil remedy for when a judge abuses or exceeds jurisdiction. To that effect, I cited Michigan [published] case law.
5. That upon completion of appellate review I will schedule a hearing for the motion "for relief from judgment", and for the time being the judge ought to refrain from renewedly altering the record.

Now the trial judge has denied my motion basically regurgitating my argument #1 (see above) and evidently ignoring #5. To top it off, the judge made additional incoherent excuses for why she has been violating the Court Rules. These new falsities can be disproved by the record on appeal.

Dilemma:
One aspect that makes me hesitate to pursue a Writ of Prohibition is that other writs (for mandamus or for superintending control) are denied when there exist other types of remedies. But here the remedy is no longer clear: both courts are declining to even consider the newly discovered evidence. On the other hand, if I do nothing at this point and assume the new order is appealable upon remand/affirming, I'm afraid that later the COA would say "Too late, you should have filed for a Writ back then". Which of these two paths is most adequate?

I've read Writ opinions from other states, but their subject matter is too different to shed any light to this. Therefore, I will appreciate any insight you might have.

Thanks

Appeals: Lc Entered New Order Despite Pending Appeal. is a Writ of Prohibition Appropriate

Traffic Accidents: Ticket for Driving Up a Curb

If I have a learners permit (my temps) and I accidentally drive up a curb can I be ticketed for this? What would the ticket be for? Could it affect when I can get my actual license or take my test? How many points would go on my driving record? In Wisconsin.

Traffic Accidents: Ticket for Driving Up a Curb

Sales Agreements: Received Call "Financing Fell Through" - California

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

I purchased a car from a large dealership about 2 weeks ago, and the finance department called me today to say the car needs to be back at the lot today, my financing fell through. I keep reading about all of the scams, financing yo yo, etc. I want to return the car, unwind the deal, and get my $4500 I put down back. I want to prepare before I go in, so they do not try to swindle me into high interest rates when we agreed on a specific rate. IO am fine with returning the car, I just want to make sure to get my money back.

Sales Agreements: Received Call "Financing Fell Through" - California

Sold a Car with a Salvage Title from Small Car Lot

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

Sold a Car with a Salvage Title from Small Car Lot

Transferring Title: Title Signed by Owner Before They Went Abroad

My question involves vehicle registration or title in the state of: Massachusetts
I bought a car and now believe it was a fraudulent transaction in many different ways. One of the issues was that a daughter was selling her dad's car in his absence. She never presented a Power of Attorney or mentioned it. Also, all the documents (title and bill of sale) were signed by her dad before he left the country and she never put her own name anywhere on the documents as his Agent. Was it legal to do that?
Thank you

Transferring Title: Title Signed by Owner Before They Went Abroad

Debt Collectors: What Do I Do

My question involves collection proceedings in the State of: Arizona, I have a warrant out for my arrest. I don't know what I should do, cause I don't have the money to pay off my warrant. What do I do?

Debt Collectors: What Do I Do

Sex Offenses: How to Address Pending Federal Charges While Serving State Prison Time

My question involves criminal law for the state of: South Dakota and Wisconsin.

My boyfriend received his federal indictment on Dec 14th 2016 for failing to register as a sex offender in the state of South Dakota (he wasn't moving there, just visiting his father for a few days) and then he received his federal warrant Jan 6th 2017. He was transferred back to Wisconsin and has been in custody since Oct 5th and is now doing his state time for violating his parole. He hasn't heard anything about his pending federal case and we were wondering if there is any way to get his fed case going? If he can get his fed case resolved he has a chance of being transferred to a minimum security facility instead of a medium so he can get a job and start paying his fines and child support. Also, any clue on if his state and federal time could be ran concurrent?

Thanks in advance!

Sex Offenses: How to Address Pending Federal Charges While Serving State Prison Time

Suspension and Revocation: Suspended by South Carolina and Received Ticket in Georgia

My question involves a driver's license issued by the State of: South Carolina. My license was suspended by Sc due to a traffic ticket not being paid I had forgot about. I got a ticket in GA last month. I've since paid my ticket and got my SC license reinstated. Should I get a lawyer before going to court for the DUS in GA?

Suspension and Revocation: Suspended by South Carolina and Received Ticket in Georgia

Suspension and Revocation: He Should Have Come Here

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

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Suspension and Revocation: He Should Have Come Here

Calculation of Support: Support when the Child Has Been Poisoned Against You and Doesn't Want to See You

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

My X successfully poisoned my child against me with the help of a very biased man hating Guardian ad Litem and is receiving support based on no visitation. That doesn't seem fair and would, to me, promote poisoning of the child in cases where the mother is money hungry. Is there case history for paying support based on what the visitation should be? I have no problem paying and accept that it is my responsibility!

Calculation of Support: Support when the Child Has Been Poisoned Against You and Doesn't Want to See You

Civil Rights Issues: 4th Amendment Violated

My question involves civil rights in the State of: pa ... k had an officer come to my house with an invalid warrant for someone who did not reside here.. while I was explaining that the person did not live here, he said he smelled marijuana... he asked if I've been smoking and I said yes.. he told me to open the door, j said no.. he said "I'm coming in, if you don't put your dogs on a bedroom and open this door, I'll pop them in your living room"... I did as instructed, they came in, took the 7roaches I had in an ashtray, a grinder and a rolling machine.. said they were charging me with simple possession and I'm lucky I'm not going to jail...I am currently awaiting my " summons"...

Civil Rights Issues: 4th Amendment Violated

Civil Rights Issues: 4th Amendment Violated

My question involves civil rights in the State of: pennsylvania

Civil Rights Issues: 4th Amendment Violated

Disqualification: If Employer Offers Part Time After Layoff, Can I Reject and Still Qualify for Unemp

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

Hi all. I work in Illinois for a state college. Like many others have in the state, we are facing staff layoffs at the end of the term. They know who will be cut but not telling us yet. My question is, if I am offered a part-time job and I refuse it, does that disqualify me from claiming unemployment? I am currently full time (2 years) and was part time briefly before that to get my foot in the door. But it's not a practical work thing for me, with the long commute and bills to pay to work part time. So if they offer me say 15 hours a week and I"m turn them down, does that disqualify me to be eligible to claim unemployment? Can I even claim unemployment as a state employee? There's nothing withheld from my check for unemployment insurance. What if they say those cut were cut for being bad employees? I'm very nervous because state lawmakers have run the whole state into the ground and there is no work in higher education here.

Thanks for your input and suggestions.

Disqualification: If Employer Offers Part Time After Layoff, Can I Reject and Still Qualify for Unemp

Adoption of Children: Can an Adoption Be Overturned for the Adopter Has Lied on the Adoption Paperwork

My question involves adoption law for the State of: NC

Our son was given to us by an extended family member (his grandmother) when he was 13 months old. We are not blood relatives. The mother's rights were terminated in AZ, when he was 6 months old, and he was placed in foster care. DCS contacted the grandmother when he was 7 months, to see if she would take him. She called us to see if we would take him-we gladly and joyously said YES! She took custody and within 3 days, she flew him out to my husband and I in NC. He was just over a year at this time. She has never contributed financially-for anything including childcare, food, clothing, medical, dental, etc., except for birthday and Christmas gifts.

She kept telling us that she had not been able to establish legal custody yet, as it was having to go through 3 states AZ, CA and NC. Our relationship was amicable at the time, but became contentious eventually. We had told us over and over that she would not try to take him from us, that she was not capable of caring for him, now that she was in her 70's. Foolishly, we took her at her word.

He was almost 6, when she picked him up from the babysitter, without permission and under the pretense of taking him to buy school clothes. She had not seen him for 11 months prior, despite now living just blocks away in NC. When my husband called her, she told us we would never see him again. When my husband went to her home, he was told by the police that because she had Legal Custody, he would have to leave, and we could fight it out in court. This was despite the fact that he had been solely in our care for almost 5 years.

We got an attorney and filed for emergency custody and were granted an ExParte order. We received temporary guardianship 2 weeks later, by proving Abandonment of Care. It also came out in court that she had adopted him this year and had lied numerous times on the paperwork.

Throughout the 18 months it took for us to get permanent custody, his grandmother was first granted only supervised visits for 2 hours 1x a month, then an unsupervised visit for 1 overnight, and now has 1 weekend a month +1 Saturday afternoon on another weekend.

We now have permanent custody, but want to overturn the adoption, based on info above as well as concern for his well being when he is in her home. Unfortunately,we have not been able to find an attorney in our area has any experience with anything like this-HELP!

Thank you so much-we are the only parents he has ever known.

Adoption of Children: Can an Adoption Be Overturned for the Adopter Has Lied on the Adoption Paperwork

Drug Manufacture / Cultivation Marijuana Legalization in 21 Century

2016 brought many changes to the legal status of marijuana nationwide. Numerous states had marijuana issues on the ballot, and many of the passed new or modified existing marijuana laws. Marijuana is currently legal in several states, including California. It is also medically allowed in even more. By 2018 the commercial sale of cannabis for adult use will begin in California as well, and it is already available in several other states. The growing evidence that cannabis and its compounds can have a beneficial effect on the body and the brain is leading to wider acceptance. Read on to learn more about the legal status of marijuana in the United States, where marijuana is legal, what the law is in California, and what is coming in the future.

Legalization of Marijuana in the United States
Marijuana was legal in the United States until the Legalization of marijuana1930s. Prior to that time cannabis and hashish were commonly used as and in medical treatments, and the plant was grown commercially on farms for rope making and use in other textiles like canvas. After cannabis was made illegal in the late 30’s, various attempts have been made to change its legal status at both state and federal levels. In fact, 2016 once again saw an attempt to reduce federal restrictions and change the classification, but the Drug Enforcement Administration denied the attempt, and cannabis remains a Schedule 1 controlled substance at the federal level. Schedule 1 drugs are considered the most dangerous with the greatest potential for abuse.


While it remains federally illegal, the government does allow each state to create their own marijuana laws, as long as they meet certain guidelines for regulation. In 1996 the first state, California, moved to take advantage of this system, approving the California Compassionate Use Act to legalize marijuana for medical purposes. Lawmakers and voters have continued to discuss cannabis legalization and make changes to its legal status around the U.S. and in many of its territories. These laws include reductions in the penalties or reduced criminalization, decriminalization, medical use only, and recreation use laws around the country. Laws have continued to progress, allowing more and more freedom to use cannabis as a medical treatment, and to study the effects of it and its chemical compounds more thoroughly.

Where is Marijuana Legal?
Since the first states began to legalize cannabis Where is cannabis legal?over 20 years ago, the number of states where you can legally access marijuana has grown considerably. The 2016 election year saw even more states legalize weed – either entirely or for medicinal purposes. Business Insider indicated that nearly half the states in the U.S. have legalized cannabis in some form. The majority of the states have approved medical use either with or without additional laws to decriminalize possession, while eight states and the Washington DC have voted for complete legalization or both recreational and medicinal use. Even in some states where marijuana remains illegal, the penalties associated with possession have been reduced. Although cannabis may be legal in some form, all states have specific requirements that individuals must follow to have marijuana legally. Certain states that have legalized medical use marijuana only allow CBD. Check your local laws for more information on your state.


Below is a list of the current status of marijuana for the each state and the District of Columbia as of the 2016 elections. Please keep in mind marijuana laws may not yet be enacted at this time.

Marijuana Legal States:

Alaska
California
Colorado
Maine
Massachusetts
Nevada
Oregon
Washington
Washington DC
Medically Legal and Decriminalized:

Connecticut
Delaware
Illinois
Maryland
Minnesota
Ohio
Rhode Island
Vermont
Medically Legal Only:

Alabama
Arkansas
Arizona
Florida
Georgia
Hawaii
Iowa
Louisiana
Michigan
Montana
New Hampshire
New Jersey
New Mexico
North Dakota
Oklahoma
Pennsylvania
Tennessee
Texas
Wisconsin
Not Legal:

Idaho
Indiana
Kansas
Kentucky
Mississippi
Missouri
Nebraska
New York
North Carolina
South Carolina
Utah
Virginia
West Virginia
Wyoming

Marijuana Legalization in California
Medicinal marijuana has been legal in Legal marijuana in California California since 1996, but the last couple of years saw some major votes that will change that status of weed in California in the future. To understand what is going on and why marijuana ID cards remain especially important in California we are going to cover the current legal state of cannabis and discuss what is coming in the future. Currently, medical cannabis is legal in the state of California. The Compassionate Use Act got rid of the criminal penalties associated with marijuana use and possession for patients who qualified. Qualified patients required an appropriate doctor’s recommendation.


Later, California voters enacted the Medical Marijuana Program Act to help offer protection to qualified medical cannabis patients and approved caregivers. This act included the use of ID cards to demonstrate proof of the legal right to purchase, carry, and use medical marijuana. The ID cards can be issued by licensed providers once a medical recommendation for cannabis use has been made. The cards are accepted at dispensaries and can be used to identify legal status in legal or judicial situations. Locations like ours allow you to be medically recommended, receive your ID card, and renew your card all at the same location. The ID cards can protect patients and approved caregivers from arrest when carrying eight ounces or less and allows them to grow up to six mature plants in their own home.

In 2016, the Adult Use of Marijuana Act or Proposition 64 was approved in California, taking a huge step forward in marijuana use legalization. This act approves the legal use of marijuana for adults in the state for both medical and recreational purposes. It decriminalizes possession and use of cannabis and looks to establish regulated commercial sale in the future. Much of the legislation related to this act will not take place until 2018, but the act paves the way to decriminalize and legalize cannabis throughout the state of California. It also works in conjunction with other recent marijuana legislation to regulate the way that legal, recreational cannabis will be sold and taxed.

What is Coming for Legal Marijuana in California

In 2018 the Adult Use of Marijuana Act and the Cannabis Law SystemMedical Marijuana Regulation and Safety Act, which was approved in 2015, will be fully implemented in California, changing the way marijuana is used and controlled in the state. The Medical Marijuana Regulation and Safety Act is actually a combination of three bills designed to regulate the growing, transportation, manufacture, and sale of medical marijuana. The bills include:

• AB 243
• AB 266
• SB 643

The act will establish a regulatory body known as the Bureau of Medical Cannabis Regulation and require licensing. Qualified patients and caregivers with a medical marijuana ID will not be required to license for personal operations under 100 square feet per patient for up to five patients. This addendum emphasizes the importance of medical marijuana ID cards even though possession has been decriminalized.

The Adult Use Act’s legal recreational sale of cannabis will also begin January 1, 2018. The new law removes the penalties associated with non-medical use, but the recreational sale does not begin until 2018. It works in conjunction with the regulation act, requiring certain regulations be met. Another key component of the Adult Use Act is the new tax it will impose on marijuana purchases along with an additional tax on weed cultivation. Qualified medical marijuana patients and approved caregivers with appropriate ID cards will be exempt from these additional taxes. This again shows that marijuana ID cards will remain important for medical patients now and in the future. For an excellent breakdown on the ins and outs of the new laws, check out this article from Time Magazine.

Marijuana remains illegal under federal law in the United States, although it has been legalized by state governments throughout the country. California was the first states to legalize weed for medical purposes. Currently, patients can receive a doctor’s recommendation for marijuana use and then receive an ID card that allows them to safely purchase and use their marijuana as medication. In the 2016 election, the state also passed a law to decriminalize marijuana and allow the recreational sale of it for adult use starting in 2018. A medical ID card will continue to offer many benefits, including not needing a license to cultivate marijuana in certain situations and being exempt from the recreational marijuana tax.

Drug Manufacture / Cultivation Marijuana Legalization in 21 Century

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Visitors and Guests: Unwanted Guest

My question involves landlord-tenant law in the State of: New York City I have been legally residing at my current residence for 10 years. I was invited by the owner to housesit 10 years ago and have been living here with her permission and aggreement ever since . I have a guest who will not leave , and has been violent and threatening. I do not own the home , so do not have a deed, but I have plenty of proof that i am the legal resident. He is actually squatting on my kitchen floor and refuses to leave. Can I call the police and say that I have a trespasser? Or, if I just throw his things out does he have to go to court to try and claim that he is a resident or can he just go to the police and say that he has been locked out?
Thanks

Visitors and Guests: Unwanted Guest

Determination of Fault: Switching Lanes (Who's at Fault)

My questions involves a traffic accident that occurred in California. I was waiting at a red light intersection. I was in control of my lane and slowly approaching my lane that of which, was leading directly to the entrance of a major freeway. As I was slowly approaching the car in front of me, I was encroached by another vehicle on my right lane. The vehicle crossed over my lane half way and stayed in that position waiting for me to realize that they were attempting to enter my lane. The driver was encroaching both lanes at the time of the accident. This in turn did not allow traffic to proceed both on my lane and their lane for a period of time before and after the accident took place. The right side of my bumper as well as my passengers right fender was damaged by the drivers left tire and left fender. The driver had their hand out signaling me to stop when we collided, however, I never acknowledged the drivers signal nor did I give the ok as I was approaching what I thought to be the vehicle directly in front of me. I am not sure how long the driver had their hand out. I honestly don't recall if they had their turning signal on as well simply because I was not paying attention to their own admission to enter the lane. The driver remained half way between both lanes thus had no control over either lane before and when the accident occurred. Ultimately, they did not yield to the driver who had control of their lane, who in this case, was me. I am wondering who is at fault in this situation.

Determination of Fault: Switching Lanes (Who's at Fault)

Expenses and Reimbursement: My Employer Charged Me for a Replacement W-2 Based on Their Mistake, is This Legal

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

I provided my employer with my correct home address and I haven't moved. I have several emails of them admitting it was their mistake that my W-2 was mailed to the wrong address. They told me that I would need to pay for a replacement W-2 and took it upon themselves to deduct the "fee" from my paycheck. This can't be legal. What recourse do I have?

Expenses and Reimbursement: My Employer Charged Me for a Replacement W-2 Based on Their Mistake, is This Legal

Traffic Lane Violations: Carpool / Crossed Double Yellow- What Should I Have Done

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


Default Crossing Over Double Yellow into Carpool Lane With No Passenger
My question involves a traffic ticket from the state of: California

I was driving in the number two lane (next to the carpool lane) on the 91 freeway traveling west on a Thursday night around 7:20 P.M. There wasn't a lot of traffic I was comfortably driving a little over the speed limit @66mph.

Suddenly something came from my right side spinning fast it looked like possible a piece of a car door. Immediately I moved over to my left lane crossing over a double yellow (to avoid hitting this large object heading straight at me). It ended up hitting the bottom of the passenger side (right) bumper. I slowed down quite a bit and debated weather or not I should get out of the carpool lane or wait until the double yellow broke, but before I could decide I had noticed a car coming in my rear view mirror really fast and red n blue flashing lights- and I exited the freeway per the officers instruction over his speaker.

I gave him my license and registration and tried to explain to him that an object was in the road coming towards me and I changed lanes to avoid it hitting me- but that it hit me anyway. He took a step backwards facing me and leaned back shinning his flashlight at the driver's side of the front of my car. I said no the passenger side it was coming from the right across the freeway toward me and moved over thinking I could avoid it hitting me. So he took two steps back this time and leaned back to shine his flashlight at the passenger side of my and said "there is no damage." So he took all my info and proceeded to write me the ticket for crossing over double yellow and being in the carpool lane alone.

What should I do? After arriving at my destination I checked the car out and there is definitely damage (I have photos of). From the angle that the CHP officer was looking from (my driver side leaning over the hood and stretching his neck) he very well could not have seen the damage from the object that hit the bottom passenger side front end of the car. The bottom body kit and just under the headlight are dented. The plastic is attached and dented. If you run your hand across the areas it is no longer a smooth surface it feels like a cheese grater.

Any advice for questions I can ask the CHP officer in court. I'm not counting on him not showing up.
Do judges consider the possibility that sometimes things like this happen that are out of your control? Is there ever an exception for a single driver to be able to cross over into the carpool lane? Should I have asked the officer to let me get out and look at it for myself? What should I expect when I go to court?

Thank you in advance for all the answers! God bless!

Traffic Lane Violations: Carpool / Crossed Double Yellow- What Should I Have Done

Medical Malpractice: Pcl Cyst Not Removed

My question involves malpractice in the state of: Indiana

I had an MRI done for a workcomp injury. The MRI revealed a I had a cyst on PCL, avulsion fracture, and fractured fibula. Work comp doctor never reveals I have a cyst on PCL. Only tells me my ACL is torn, xrays had already shown avulsion fracture and fib fracture so I was already being treated. He ordered MRI after he seen I couldnt fully extend knee. I had a surgery to repair ACL. I have been having alot of pain and complications. I reviewed my MRI and asked doctor about PCL cyst. I asked if it could be the cause of my pain and complications. He told me PCL cyst was too deep to cause any pain. I have been having trouble gaining full extension of knee and it is painful at full extension point. I have researched PCL cyst and the symptoms are the same as I have. My question is can doctor leave PCL cyst inside of knee, never inform about it? I have never had a knee injury, I know the cyst was caused by accident. Is it malpractice not to treat the injury? I would like it removed. He has never offered anything for it. An explanation, treatment, etc. I was only told about cyst when I asked about it. And then it was just a short response of PCL cyst is too deep to cause my issues.

Medical Malpractice: Pcl Cyst Not Removed

How Can I Emancipate Myself in California

I have looked around and found small amounts of information, i would like to know- "what to do, or where to go"; to exactly "do it". I would also like to know, how I would be able to be Emancipated right now. I am currently 15 1/2 - Turning 16 in a few months. My parents and I have fully agreed towards emancipating me, so I may be able to handle my own life.
I have been working, ever since I was a child; making my own money, currently I have open legal jobs which I am able to make quite a substantial living off of. Get my own medical
care, pay bills, pay the rent and of course feed myself and put clothes on my own back. I was in a program towards helping teens finish High School and receive a GED; but it wasn't quite the best system ever. I would only have to go 1 day a week and the Work was around 7-8th grade level. I wasn't learning a thing, nor was I in my first School; which expelled me and put me into that continuation program- which I voluntarily left with parent permission half a month ago, but it's brought me nothing but trouble. I would like to know what I can do to be able to be emancipated here in California. What papers do I need? How do I obtain them, do I fill them out or my parents? Do I need to go ask in the courthouse how to be emancipated? ,, etc.. etc.. I am currently wanting to move to Mexico and finish my studies there, I am not able to continue here in California to finish my studies due to my few options- which aren't the best in the world coming from someone that doesn't live in the best place with the best things or places around (aka school system) . Yes, I would be able to live in Mexico/California and support myself over there/here- I know that for me to be able to be emancipated in "two places"; i'd need to speak to an attorney, etc.. and go from there. What i am here for is to basically seek help, I wouldn't like to continue living with my parents and they've equally agreed to get it done so I may go out in the world and start my own life.

How Can I Emancipate Myself in California

Security Deposits: No Security Deposit Returned and Ignored

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

After living in the same place for three years, we decided to move out. All of the rent was paid and our utilities. I contacted the appropriate person giving notice of moving out and left the requested note and keys in the drop box when we were done.

Move out was Feb 1st, and I contacted this person via text Feb 13th inquiring about the security deposit. He asked if we left the note and keys (showing he never checked our unit) and said that he will contact the owner about our security deposit. I asked for an email to forward the move out information to the owner myself and sent that on the 22nd of Feb. With no response, I sent another email on Mar. 15th. I also reached out to this building on their facebook in messenger on Mar. 15th. In this conversation, they responded that they will forward the concern to the same person I was previously texting who had no answers for me. I continued to wait and sent another message on facebook on Mar. 21st since I never got another response. Since then, no one has responded to anything.

The unit was clean and any issues with it were addressed to the maintenance person who said that with the building being updated, they wouldn't replace or fix certain things. The building did switch management hands a few times but we were never requested to sign any new lease.

So, I was wondering how to try to get my security deposit back and what I may be entitled to since I have been waiting for so long and ignored. I read about possibly taking them to court and getting double (triple?) deposit back as well as them having to pay for legal fees. While I don't want to take legal action since we moved a good distance away and it would cut into work, I am not sure what other options are available.

Thanks

Security Deposits: No Security Deposit Returned and Ignored

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Resignation: Can You Avoid Repaying Relocation Assistance if You Resign

I was relocated for my current company and have been offered a position at a different company. I signed a form that I would have to pay it back 100% if you leave before 6 months and 50% if you leave the company after 6 months. If I accept this other position its less than 30 days until my 1 year contract is up. Do you think they will make me pay it back?

Resignation: Can You Avoid Repaying Relocation Assistance if You Resign

Custody and Visitation Issues: How to Find Out if a Sex Offender is Safe to Be Around Children

I am going through same deal with my sister. She met dude online. Madly in love. But...oh yeah he on the offender list. My concern is the safety of my neice and also​ the custody. He was convicted of criminal sexual conduct 3rd tier. Served 15 years. How can I find out if he is safe but also legal to be there with my neice?

Custody and Visitation Issues: How to Find Out if a Sex Offender is Safe to Be Around Children

Adoption of Children: Stepparent Adoption - Biological Father Not Involved, Not on Birth Certificate

My question involves adoption law for the State of: North Carolina

My 11 year old daughter's biological father is not on the birth certificate. He has never provided any child support and has not proved paternity. My husband has been involved in her life since she was 5, over half her life now. I do not know where or even how to track down the biological father to try to give up his paternal rights or notify him that my husband wants to adopt my daughter. How would I go about getting everything set for adoption by my husband?

Adoption of Children: Stepparent Adoption - Biological Father Not Involved, Not on Birth Certificate

Police Officer Pulled in Front of Me (Cut Me Off) While Traveling 80mph on Highway

My question involves a traffic ticket from the state of: Florida
Police officer pulled in front of me (cut me off) while traveling 80 mph on a highway where 80 mph is the speed limit.
At first I thought it was a drunk driver crossing the dirt median, i slammed my brakes and pulled the ebrake and fishtailed into the right lane
avoiding rear ending a police officer (with no lights on) and avoiding what would have been a fatal car accident for myself, two passengers and possibly the officer.
The officer now clear in the left lane having recklessly forced me to the right lane to avoid a fatal car accident (if anyone else less skilled than myself had been driving they would have been killed tonight) he then turned on his headlamps and then his police lights, pulled behind me and pulled me over. Absolutely stunned and traumatized I rolled down my window. The officer asked no questions and states "i pulled you over for traveling 101 mph" he then ask for my license and registration, went back to his car handed me a court date slip and told me to enter the highway safely (ironic right). #1 I was traveling at 80 mph #2 the officer pulled directly in front of me (cut me off) that means he would have to have gone from 0 to over 101 mph in less than 2 seconds for me to use the ebrake and drift into the right lane. The only possible way he could do this would have been by traveling on the opposite side of the highway and pulling his ebrake and making a power slide through a dirt median at speeds of 80mph or higher. I did not admit I was speeding because he didn't ask, in fact he ask no questions at all because the method he used to pull me over was completely reckless and put 4 lives in danger including his own. My passengers and myself are terrified to drive now. What can I do to see this rogue officer be punished and have the false charge thrown out. The cameras in his car must clearly show how close to death all of us were.

Police Officer Pulled in Front of Me (Cut Me Off) While Traveling 80mph on Highway

Driving Records: Micromax Dual 5 Extra Launch

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Driving Records: Micromax Dual 5 Extra Launch

Traffic Accidents: Can Lane Change Fault Be Determined by Damage to Cars

My question involves an accident that occurred in the state of Pennsylvania this afternoon.

I was on a 6-lane road. I was traveling in the middle lane which was designated by a straight arrow. The lanes on either side were designated turn lanes. Ahead (on left and right) were ramp entrances to a highway.

I made no lane changes. I continued to drive slowly straight ahead when I noticed a small car behind me to the right. Quite suddenly this car turned sharply and proceeded across my lane in front of me. The angle suggested that the car was aiming to cross 2 lanes into the left turn lane. I immediately stopped my car. But the compact car continued to move a few feet, scraping the corner of my right front bumper. The car then stopped and returned to the outside lane. I followed as the driver turned to a side street.

The visible damage to my Volvo wagon was slight-- just a few scratches on the corner bumper. The passenger door was pushed back so it couldn't be opened. The other driver's car had a dent which extended several feet at the center of the driver's side.

The young woman driver told the police officer that I was the one who changed lanes and damaged her car! The officer wrote up a report which did not determine who was at fault. He said that the damage could have been caused either way and that the insurance companies would have to fight it out. I think he may have been sympathetic to the other driver as he pointed out that the damage to her car was far worse than to mine. This was understandable since my car was a Volvo wagon whereas hers a Ford compact.

Will the insurance investors be able to determine from the damage that I was not at fault? I don't understand how she could argue that the long scrape was caused by my scraping her car with my front bumper.

Thank you!

Traffic Accidents: Can Lane Change Fault Be Determined by Damage to Cars

Speeding Tickets: Arguing That You Were Driving Safely As a Defense to a Speeding Ticket, 22350 VC

My question involves a traffic ticket from the state of: California
Sorry to posting my question again but this is a shorter version

I was cited on 1/25/2017 for violating 22350CV. Officer used Speed Pace method and cited me for going 50 mph in a 40 mph zone.
Please help and thanks for any advice you can provide.

Details:
Morning time 8 am, Weather: Clear, so excellent visibility
Road was dry and not wet. It is a straight road and no curves or turns where incident occured. There were no pedestrians on the road or even on sidewalk.
This is a 2 lane road. Traffic conditions were Light to medium (officer put CDM in the ticket). There were no cars ahead of my car.
This is my first traffic ticket in 23 years and I usually drive very carefully.

After having read various advice on the web, I'm planning to contest the ticket as not-guilty and use the Trial by Declaration option to start with. I am ultimately looking for Trial do Novo, so have only put in the following line within the 'Statement of Facts' region of TR205 declaration
"I am not guilty of the charges filed against me and have found no evidence by the state that supports the finding of guilt. I stand by my plea of not guilty"

For Trial do Novo later, I do not plan to use speed trap, but just the following facts:
Clear weather, good visibility, dry road, wide 2 lane road, no pedestrians and no cars ahead of me - based on which I was not putting anybody's life in danger or in danger of damaging any property.

Questions:
1. Would you agree that using Trial by declaration to contest the ticket is the right approach for me, as a starting point
2. Would you agree that not putting ALL details in statement of facts and getting photos or diagrams etc is the right approach for TR205. My intent is just to hope that citing officer does not provide her declaration, or if she does and I lose, then ask for a trial do Novo later.
3. How can I get officer's citation log/notes, radio log, or even recording. Can this be helpful.
4. Is there any way to request for a Trial do Novo date in May or after 4/24, as I will be out of country. Also would it be advantageous if I ask for a Night court & request for a court that is farther away from Fremont/Hayward. Is there any way to make such a request when using TBD method

Thanks again!

Speeding Tickets: Arguing That You Were Driving Safely As a Defense to a Speeding Ticket, 22350 VC

Use and Enforcement: Utility Removal on Private Property

Hello,


There is a utility 30’, class 5, on my property and I want it removed because it will be in direct conflict with the future installment of a fence. The picture i have provided indicates the markings. I have called the manufacturer, and they have advised me that I should contact my local utilities. After speaking with the Southern California Edison Planning Department, I was offered the Customer Project Information Sheet (CIPS) to submit a request. However any costs for removing and relocating the pole and wires will be on the requester (me, the property owner). I do not want to pay the fees for relocating the utility pole. When I spoke with Edison the representative mentioned the pole belongs to Edison because of prescriptive rights. The pole markings indicate it has been inspected by Osmose in 2016. Not sure how they entered the property or if they had any rights under the “prescriptive easements”. There are three wires feeding the house from the pole.

I called the County Department of Building and Health and Safety and informed me there was nothing they could do, I called the California Public Utilities Commission, and they advised to file a complaint to investigate the issue and make a determination. I have check my title under Schedule B and it states under note 5: “Rights or claims of easements not recorded in the public records.”

Question: What kind of recourse do I have to avoid paying the fees for removing and relocating the pole and wires from my property?


Summary of Facts:

1. No easement on title
2. Edison can remove and relocate but I will have to pay all the fees and cost ($$$)
3. House located in East Los Angeles (unincorporated – falls under County jurisdiction)
4. The pole feeds wires to my house and my neighbors
5. Appears there are other communication lines on the pole.

I have included three links:

1. Picture of the pole manufacture
2. Picture of the pole inspection date
3. Picture of the pole on the fence line

Thank you so much for all your help and feeback!


http://ift.tt/2o8uWm7

http://ift.tt/1xy1NfT

http://ift.tt/1xy1NfT

Use and Enforcement: Utility Removal on Private Property

Lost Disability Due to Over Payment, Just Received a Disability Check for $8k

As the title states almost exactly one year ago I lost my disability (SSDI) benefits after working full time. I wasn't aware I needed to send in paystubs. My diagnosis is Schizo-Affective Disorder

I had a case worker assigned to my case and he told me SS should have stopped my benefits in fall 2014 but they failed to send me the proper respective paperwork.

Last fall I received a letter where I was ruled no longer disabled, and I was notified I would get about 3 months worth of payments and that my medicare would be discontinued as of 11/30/16. I sat down and crunched the numbers and figured I owed back about $15k. This was the last time I had heard from Social Security.

Since then I have had a few jobs that I left following a temper blowout. The most recent job caused me a great deal of stress after I discovered my boss stealing my tips. (I deliver pizza)

Last Tuesday after he said something to me, I was using a large kitchen knife to cut a 12" sub in half. As soon as I touched it everything went black and it was like I was watching a movie in 1st person view. I watched as I stabbed my manager. I snapped myself out of it, dropped the knife and took a few steps back.

A couple nights later the same thing happened, except this time I was on top of my manager pummeling him. Once again it scared me. I finished my night out without any more issues.

The next day I told my social worker and family what had happened and they agreed with me that it was time to go to the psychiatric hospital. I called my doctor and went in to speak to the crisis counselor. After a lengthy discussion she gave me the option of taking a break from work or going into the hospital. I told her I couldn't call out due to being the new guy and having already called out once that week due to a dead battery. I also informed her if I went in to speak with them, I would either be fired for my outburst the prior night, or they would expect me to work. I told her I felt in my state of mind at the time that neither option would go over well with me , and that I felt hospitalization would be the best option. She explained that due to me not having insurance that I would need to be involuntary committed to be accepted into a treatment program. I told her that's fine.

I fully co-operated when police arrived. The officer allowed me to be cuffed in the front instead of the rear and transported me to the hospital. I checked myself in on 3/24 and was released on 3/27.

I remember hearing from a old doc that in the event I lost disability, my benefits would be reinstated if I was hospitalized.

Just about an hour ago I logged into my online bank account to pay a credit card bill and noticed I had $8.2K in my account. I had deposited a check this morning along with the last of my tips and only had $410 to my name. It appears the Social Security Administration via the Treasury deposited $7,793 into my bank account sometime earlier this evening.

Any idea what the reason for this deposit may be?

Lost Disability Due to Over Payment, Just Received a Disability Check for $8k

Federal Grant, Spousal Benefits

I'm not sure if this is the correct sub-forum. Here is the setup:

- My spouse and I work at the same employer. I started there first so our health insurance has always been taken out of my paycheck.
- My spouse later got a job there managing a Federal grant. Her paycheck comes out of that federal grant.
- She remains on my health insurance plan (employee + spouse)

Our health insurance premium is taken out of my paycheck (pretax), and of course, the employer pay another part of the premium on top of that (the amount I do not know). Theoretically, the amount the employer pays should not change according to my spouse's employment status.

Here is the question:
When my spouse became employed, the employer began taking her half of the employee cost of health insurance out of her federal grant, yet she remains on my employee + spouse plan. Is this legal?

The view I have is that: the employer is deducting a benefits cost for one employee from a federal grant (out of which that employees paycheck comes, correctly) out of funds allocated to another employees benefit plan. My employment has nothing to do with this grant. Before my spouse was employed, and if she ceased employment, the employer could not justify taking her portion of insurance premiums out of my paycheck. Likewise, if I changed employers, my new employer couldn't take my spouse's portion of benefits cost out of the federal grant (that the hypothetical new employer wouldn't have access to anyways).

Please let me know if any of this is unclear. I am not looking for legal advice, but just wanted to get some thoughts from others who may have a bit more insight into what the relevant legal issues/questions might be here.

Cheers!
And thanks in advance for any thoughts!

Federal Grant, Spousal Benefits

Education Law Issues: 18 Year Old Enrolling Self into High School

My question involves education law in the State of: California

Hi,
I'm 17 and currently live in Texas. My mom has given consent for me to move to California with a family friend. Am I able to enroll myself into high school when I am 18 without a parent? What about 17?

Thanks

Education Law Issues: 18 Year Old Enrolling Self into High School

Probation and Parole: Random Drug Testing

My question involves criminal law for the state of: Texas

Hi, I am currently on Probation for a non drug related charged. I'm on random drug testing due to the fact that I came up positive for THC during my probation assessment to go on probation. The random was supposed to last 3 months but since I missed a few days on accident by forgetting to call, my PO is putting me into an outpatient program. My question: Is he allowed to keep making me do random tests when I'm in the 6 week program?

Probation and Parole: Random Drug Testing

Applying for Unemployment: Nys Unemployment

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

I had a decent job in a large company in NY however I was looking to grow faster. I was offered a job at a mid size company with a better pay and a promise of a great future. After giving notice and 2 weeks to my job I started working in 2nd job. I was very happy and so were my Bosses and managers. Today I got called in and was told they are rearranging the company and thry can afford to keep me. Now I am jobless. I worked at my 1st job for over 2 years and at the new job for about 3 month. Can I apply for UI in NYS since I quit my !st job? Do they consider my work at the 1st job as part of the 5Q calculation even if I quit or because I was let go now they take everything in consideration.

Applying for Unemployment: Nys Unemployment

Buyer and Co-Signer Switch

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

I recently financed a vehicle at a dealership with a co-signer. The agreement was for me to be the buyer and my mother to be the co-signer. Recently my mother received all the information for the car license plate, payment, etc. And it has her listed as the buyer and me as the co-signer which is incorrect. How can we get that fixed? The dealership says it doesn't matter who name is first it's the exact same thing. We will be more comfortable with me as the buyer since I'm the one making payments to help improve my credit score. Once asked about switching it to the correct way. Seller says it would increase my monthly payment by $100 if I get put as the buyer. Do anyone has any insight on this?

Buyer and Co-Signer Switch

Modification of Custody: Can I Request Sole Custody

My question involves a child custody case from the State of: Kentucky
I'm not wanting to take away his right to decision making, but he is using joint custody to harass me. Also note we have 60/40 timeshare. Current issues:
He keeps demanding paperwork that he has already been provided with. Past tax returns, kid's social security numbers, etc. Or it is a thing he can obtain himself. He wants it by the next day and threatens me with court if I don't hop to. I'm sick of it, not to mention I don't always know where the stuff is. He should keep up with his documents or do what I do, go get more.
He never participates in parent/teacher conferences, our daughter's IEP meetings, talks to our daughter's therapists, assisting me in gathering paperwork for school stuff
Our agreement states we are to put kids in extracurriculars but we have to agree. To get out of paying his half, he ignores me and never responds so that he doesn't "agree." So I end up doing it without him since there are deadlines and spaces fill up fast.
He's smoking around our son and it is more than likely the reason our son is on an inhaler ONLY at his dad's (violation of settlement)
He kept arguing with me at our son's last doctor appt (about his inhaler) stating that I shouldn't be there, it was his day with the kids, that our son was HIS. I had to leave the office and go into the hall due to our son getting upset that he was arguing with me. My ex followed me into the hall to continue the argument. The nurse had to give me my own room.
His brother, mom, and sister have kicked him out. But he takes the kids to his moms to stay the night, lies and tells them he's in the basement and doesn't return until morning. This comes with him living in 5 different places within half a year, lying about where and who with while he had the kids, trying to manipulate kids so they don't tell me where they're staying. (another violation)
Other stupid stuff, but you get the picture. Is this enough to ask for sole custody? Or one where I inform him, make the choices and he only has the right to protest? It's just so stressful and it's impacting the kids and he cannot be reasoned with. Example: It is my fault that 2.5 years after our separation he lived in a hotel. Despite him owing back child support and other court ordered things and me not having a thing to do with him. Somehow....I did that.

Modification of Custody: Can I Request Sole Custody

Restricted Licenses: My Friend Has a Learners Permit and Hit a Parked Car (I Was in Car Supervising)

My question involves a driver's license issued by the State of: California and Oregon
My friend's son is 22 and has a learners permit by the State of Oregon. While in California, he test-drove my car, thinking of buying it. I supervised. He hit a parked car, no injuries, but some damage. We did not make a police report, but exchanged insurance and license information with the owner of the car (company-owned car).

His question is how this will affect getting his license, and if he has to report it before getting insurance in Oregon. I think it does not affect him getting his license but any insurance company will know about the accident and his premiums will be even higher than they would have been without the accident.

My question is how will this affect my insurance premiums?

Thank you very much.

Restricted Licenses: My Friend Has a Learners Permit and Hit a Parked Car (I Was in Car Supervising)

DNA Testing: How to Find Out if a Deceased Celebrity is Your Father

My question involves paternity law for the State of: New York
I am from Spain I was born in 1954, I have many reason to belive that Salvatore Lucania was my real father. He came to visited me, when he was in Spain before he died,
Now that my adopted father has died I would realy like to have a ADN test done. I don't know if this is possible becase he has been dead seen 1962.
I don´t know how to go about it, it would be realy helpful, to get some advise about this matter.
My mother was my biological mother , she and Luciano had a love affair, but she married my father, for long time she didn't mention anything, but I had information.
I know Luciano died very fast and he possible didn't have time to arrange anything about me
Can somebody give me some information as how I should go about it? I am in Spain at the moment

DNA Testing: How to Find Out if a Deceased Celebrity is Your Father

Independent 16 Year Old Seeking Protection

My question involves restraining orders in the State of: California
I am 16 and live with extended family. I was seeking refuge from my mother when I moved in with them. She is physically violent and emotionally abusive. Recently she threatened to "kidnap [me] and tie [me] to a chair"
I am not extremely worried, but I want to take protective measures. How difficult is it to get a no contact order against a biological parent?
Please refrain from commenting on my age, I have had to make too many "adult" decisions recently to care that I am a minor.

Independent 16 Year Old Seeking Protection

Responsible for Unauthorized Repairs

My question involves collection proceedings in the State of: New York

Hi, I took my c-pap machine in since it was not working. Tech in office couldn't figure out what was wrong and said they had to send to manufacturer to look at. They said they would let me know what they found and a cost to repair. A few weeks later I got a call that my machine was done and ready for pickup. When i got there I asked why I wasn't contacted with a estimate instead of them just fixing it. They didn't have an answer but said my total bill for repair was $50 which I paid to get my $2000 machine back. A month or 2 later I got a bill from office I took machine to for $202 since they said insurance wouldn't pay the $202. Had i know I had to pay $252 instead of $50 I wouldn't have picked machine up, would have disputed it before I did. Now they sent me to collections. Am I responsible for the $202 since I was told I would get an estimate before repairs and never authorized them to fix?

thanks

Responsible for Unauthorized Repairs