State of CA, Convicted of murder in 2000. Plead not guilty. Sentence of Life without parole. Is the Alford plea something to look into?
An Alford plea is a guilty plea where a defendant does not admit the act and asserts innocence. The plea, however, admits that sufficient evidence exists for a jury to convict the defendant beyond a reasonable doubt.
It is irrelevant at this stage, because you plead not guilty and then were convicted.
There are 2 co-plantiffs vs 2 defenandants in a civil action, The defendants are a company and its independant contractor. Company defendant wins wins summary judgement. Liability of independantc ontractor not part of dismissal on summary judgement. Same attorney represents both plantiffs. Plantiffs attorney gets a re consideration hearing vs company. Hearing has not yet taken place. Due to financial reasons, one plantiff does not want to go farther vs company. That plantiff still wants to go after i/c defendant. Plantiff that opts out signs mutual release with company. Now plantiffs attorney refuses to represent that plantiff vs i/c claiming conflict of interest. Also,that this plantiffs removal from this part of the action prejudices the other plantiffs chances of success vs company and i/c. Is the position of the attorney valid or weak and why ??? FYI Plantiff mutual release was to avoid award of attorney fees to company defendant.
You make general allegations without specific facts as to why there is a conflict. An attorney can seek withdrawal from the court if they believe they cannot represent the client, undue hardship, conflict of interest, etc.
The plaintiff who settled with the company now has an incentive to argue that all of the fault lies with the contractor. The other plaintiff has no such incentive, and may actually have reasons to argue that the company is more to blame. A lawyer would be hard-pressed to represent both plaintiffs in that situation. That isn't necessarily what's happening here, but it seems likely.
Additionally, if the settling plaintiff went behind his lawyer's back to reach this agreement, the lawyer would likely find it difficult to maintain a trusting relationship with him. That's not a conflict of interests, but it is a good reason for counsel to withdraw.
And yes, the first plaintiff's settlement may very well weaken the second plaintiff's case against the company. For one thing, the second plaintiff now bears all of the risk associated with losing that part of the case; his increased risk gives him more incentive to settle and thus puts the company in a better bargaining position. The company may also be able to argue at trial that the first plaintiff's decision not to proceed means he realized their arguments were weak.
A family member was charged, years ago, with something they didnt do, it was later proven and the real person was charged. A person wrote a book and included my family members name as being the perpertrator, published by Lantern books. We feel the person should have known and would like to sue for Libel. Can we sue? If so, seeking counsel to take on contingency bases.
The context within which your family was named is extemely important as well as your collective reputation independent of this one incident. This is a gray area, however, you may contact me to discuss further if you wish.
Can I sue the property owner for work I did but they did not pay me all of money owed I am not a contractor but was operating with a owner builder permit which makes me the agent for the PO an employee right which means I should be paid right $ 2190I have emails and estimates and receipts
The fact that the owner pulled the permit instead of you does not automatically make you an employee. Whether a person is an employee or an independent contractor depends on an evaluation of all the details and circumstances of the work relationship (both employees and contractors are "agents" to different degrees, so whether or not you were the owner's agent is irrelevant). Considering you provided the owner estimates and have receipts, meaning you bought the supplies and materials and billed the owner, suggests you were a contractor, not an employee. You also face the fact that construction is about the only industry in which there is a presumption you are a contractor, not an employee, and you have to prove you were an employee if you don't have a contractor's license.
hey i got a question I got stop by the police and got two tickets. One tickets was for no licenses and the second ticket was for no insurance. I was told in court to get a lawyer and I did. My question is can i get arrested for not paying the fine the same day of my second court.?? Also will my case be dismiss the same day or will i get another court?
ask your lawyer.
I was a passenger when the driver was arrested for dwi. I was handcuffed and placed in the back of the car. The cop kept saying I was intoxicated but I kept telling him I wasn't it was just the medication I have to take before bed. He almost made me fall down the ditch, I hurt my leg, he hurt my back, shoulder, wrist and hand during this incident. He wouldn't let me stay at my house because there were no adults just my 16 year old and other siblings because again he said I was intoxicated. We got to the station about an hour later and they made me keep the restroom door open and still treated me like I was under arrest. I was never charged with anything because I didn't do anything. Is what they did to me legal at all?
Based upon the few facts you were able to provide, it sounds like that police office may have a civil liability to you. You should consult directly with an attorney in your area.
Good luck
My ex wife and I have 2 children together. They are 2 and 5 years old and are both female. She has her boyfriend living with her now who is in the process of going to court for child molestaion. If it helps, his name is Joey Thornburg and the case in in Bates County, MO 27th judicial precinct. My question is, is there anything I can do to take my kids? We have 50/50 legal and physical custody with her address as primary. in other words I pay her child support...
You have at least two options. You can file for immediate change of custody (preferable) or keep the kids after your next visit. You need to consult directly with a family law attorney uh your area. These matters are very fact dependent. One if these options may not be feasible in your situation, or you may have better options.
Good luck
I was pulled over in dfs fl going 93mph in a 55mph. Now I have court. What am I going to get?
You should talk to a lawyer in that area. Up to a $500 fine, 12 hour school, even license suspension are all on the table. Or possibly none of those if you hire an attorney to help you fight this.
My maternal grandmother passed away in June, 2013. My Uncle, the Executor opened an estate in July 2013. In her will my grandmother left me my deceased mother's portion of her estate, I will receive roughly $5000.00. My Uncle did nothing after he opened the estate until July of 2014, when he listed her home for sale, it sold in September and closed in October of 2014. The heirs heard nothing from the attorney, first of all shouldn't we have had to sign a "consent to sell real estate"? The heirs heard nothing else until February of 2015, that is how we found out the house sold. Ok, grandma had no debts to pay at all and she had paid her funeral in full in 2009. Ok, so yesterday March 2, 2015 the heirs all receive a Schedule K-1 capital gains tax form dated for 2014. Most of us have already filed our taxes and are going to have to pay an accountant to amend the. Still though, no financial distribution at all. What should we do or expect now. We have all been told by my Uncle, the executor that we are not to call the attorney because it is billable time. Frustrated.
The first thing I would do is demand an accounting of the funds and request a distribution from the estate if you have not received one. You can send the letter to the executor, your uncle and I would send it certified mail return receipt.
I do not think he should have given you a K-1 if he did not make a distribution from the estate. So he has to make the distribution now.
If you do not get a satisfactory answer from your uncle and the money, then contact your own attorney.
What is the legality of taking small quotes from articles on websites, aggregating them on my own website. Then sell access to this website?
There's a boundary between permissible "fair use" and unlawful infringement. Without more particular information on how "small" your quotes would be, some idea of the profits you'll make from your Web site, whether the quoted material is covered by (registered) copyright protection, and the likely attitudes of the original writers, it's really hard to say what your probability is of being sued. To get a better feel, buy a self-help law book on copyright and read some of the discussion about fair use versus infringing use. If any doubt remains, you should probably invest in a preventitive consultation with an I-P attorney. You need to take into account both the actual boundary between fair use and infringement, and the propensity of a suit. You might get away with a bit of infringement if the original author's financial losses were small, or on the other hand, you might have to endure an expensive legal defense of a suit you'd eventually win.
how can a youthful offender go to trial be before probation violations
It is at the judge's discretion.
Can an individual make one copy of a page or two or a book for personal use without infringing copyright laws?
Under the law, the answer is NO. You will infringe. Will the copyright owner sue you for infringing? Very unlikely if you've copied only "a page or two or [sic] a book".
Ive entered paramedic school and they need a drug test from me. It was positive for thc(legal in ca for me) but then they said I can enter the school still for 11k. finished the classroom portion and then found out that I can not complete the program because of the drug test. had to take 4 months off and return pay them more money and finsh the program. I advanced in the program but have to complete the field internship in 22 shifts my trainer said I have to stay a few more shifts past 22 but the school said i cant they want me to sart over in 3 months and pay another 1500.
Impossibole to give you an intelligent answer based on the limited information you gave us. Any attorney would need to review all the contracts and admission materials. It will cost several hundred to review all this material.
What can I victim of sexual ass ult do? What can the victim expect and demand
My friend was signed up to do the Disney program internship in Florida. She went there and was sexually abused by an employee. She is traumatized and the psychological damage is severe. She never reported anything to anybody just me because I found out and confronted her. The only thing she did while she was in there called the hot line and that is on record. After she returned from Florida her boss notice a difference on her and ask the school to check on her. Now the school is involved and asked her to go to the therapist and find out what is going on. I am almost certain that the school is aware of the situation. My friend does not want to talk or anything but I can persuade her but I need to know what to do? I want him to be prosecuted and demand that my friend gets therapy.
Your friend really needs to report this either to the police or at least to Disney. Otherwise, this employee may do this to something else. While criminal prosecution would be best, in which case your friend should contact the police, but they could also sue this person. If you go that route then you need a civil attorney to do so. Meanwhile, help your friend with getting therapy.
ticket for talking on my cell. went to court did not like deal now got a letter saying my license will be suspended.
any affordable lawyers in Freeport long island? this is what court house I must go to. or advice.
I know its wrong to be on the phone but I had just found out my sister had died .
A cell phone ticket is a 5-point ticket that carries roughly a $150 fine. It also can adversely affect your insurance rates if you have any other convictions (or an accident) on your record within the last 36 months.
We can help and, if you hire our law firm, you likely will NOT have to appear in court.
How to get custody of grandson in Georgia without lawyer?
First of all, the answer is your chances without a lawyer are about the same as the chances of a snowball in Hades. Pro se custody cases usually go badly. Pro se grandparent cases tend to be disasters for the grandparents.
Over the years the US Supreme Court and Georgia Supreme Court have made it very clear that grandparents have few legal rights as to grandchildren, and that, except it rare extreme circumstances, both parents win in contests with grandparents.
If your grandchildren actually matter, and you feel you have a very unusual case (generally one where both parents abandon the children or abuse the children) that may give you a strong case, you start by abandoning the idea that a pro se case is a workable plan. You pay for and get an experienced attorney to tell you if a filing has a chance, and, if it does, you use the lawyer in the case.
Even if the parents help and consent, if the grandchildren matter, you still want a lawyer to get it right.
I entered a motion for early termination in Florida, after the clerk of the court had got my motion, I asked when a court date would be set.And was told I would get a notice in the mail.I never did in fact my simple motion was heard by (2) separate judges in the same month.One was heard on May 11TH the very day they recieved it in the mail, then anther Judge ruled on the same motion on May 23rd. Im wondering is this strange only or is this done on the regular.Before I filed I called the clerks office to be certain the motion was going in front of the right judge.And I am a little upset that I wasnt given a court date.
Did you have an attorney file this for you because your attorney should get notice and they could have told you about this. If not, then it is your responsibility to stay on top of this. It is extremely unlikely, if not impossible, that the first judge actually ruled on it when you filed it. You should get notice but your remedy now is to get an attorney and ask for a new hearing.
Can a trustee sue a beneficiary (the adult child of the deceased) for back rent where there is no lease or action to evict or collect rent? Can trustee offset this from beneficiary's share of trust?
Backstory: My mom lived with her parents taking care of them until they died. She lived rent free with them (paying some bills). Trust litigation ensued after their death, accusing her of elder abuse (she was given the house). She remained in the house after they died until the court order finding her liable for elder abuse (it was bs, but not worth getting into). While living there after their death she paid the interest on the mortgage and other maintenance, no rent. She moved out after the judge's order and the trustee's request for her to leave. I am now the beneficiary, but the trustee wants to offset unpaid rent from the time of death from my share. Under what theory would they be owed rent with no lease or oral contract to pay rent? Can they offset my share for a parent's debt? thanks!
Those are a lot of complicated facts to try to analyze without seeing the actual documents, including any orders. I don't know why you would be charged for rent your mother may owe unless you lived there too. Also, I would want to know what the difference is between the interest your mother paid and the fair market rent they want to surcharge you for? You need to meet with an attorney with your documents so they can evaluate the situation more fully.
Normally, a child would not be liable for a debt of a parent. If the trustee is withholding your money for the debt of your mother, that would probably be reversible. It may also be a violation of the Rosenthal Fair Debt Collection Practices Act. There are, however, many variables that would need to be examined to determine if this falls within the parameters of the Rosenthal Act.
Even if your mother were liable for any rent, the trustee would not be able to recover for anything beyond the statute of limitations period. The trust documents and orders and findings of fact from the elder abuse case would need to be reviewed to give you a definitive answer. You need to obtain copies of all of the trust litigation orders to see if the court found your mother liable for restitution. Good luck.
was divorced from a military man and i received 50 percent of his retirement the formula that suppose to be used isn't. The 50 percent is correct but the years married is in years not months so I have to clarify the order....i think that's what it is called. I didn't have a lawyer for my divorce he did. Does my ex husband need to be present to clarify the order because we have no contact and two can he fight me so i don't get that 50 since i remarried and win even though it was in our divorce agreement and Nowhere Does it say if i remarry I lose it
He would need to be notified if you motioned to clarify the order. It would be advisable to have an attorney experienced with military pensions and the formula typically used to review the document with you.
Hello-
I am in need of an educated answer regarding gun laws in New Mexico.
I pled guilty to a non-violent felony charge about 20 years ago (2nd DUI in 5 years). I have served my sentence and have not had any additional law issues since that time. Nor I do I drink and longer.
I am trying to get a definite answer on the gun laws here in NM. Of course, I see the "No guns for felons" federal law. Then I see that NM restores that right after 10 years has passed since completion of a non-violent felony sentence. Yet, I cannot seem to get a concrete answer on this issue. I certainly don't want to get into any trouble and I definitely am not going to try the "ignorance of the law" angle by choosing the answer I most want to hear.
Is there any clear answer i can get on this.
I thank you for your time, and Happy Holidays.
Doug-
The clear answer is that you may never again in your lifetime possess a firearm, ammunition or an explosive device, or the components for such, under federal law. You are termed a "prohibited person" under federal law. New Mexico law is irrelevant. If you are caught with a firearm by the state your case will be almost surely be referred to the feds who pay no attention to NM law on the subject. If you are caught by the feds you are a "felon in possession." There are some scant federal exceptions for antique firearms which are seldom helpful. Air-powered Tasers and non-lethal, non-explosive, alternatives such as pepper spray are not prohibited.
Can I get arrested days after I voluntarily hand over drugs/paraphernalia, or do they have to arrest me that same day?
They can arrest you months or years later.
Scott is absolutely correct!!
You can be arrested within the statue of limitations for any crime (or greater time frame under special conditions)
Hire a criminal attorney ASAP
Good luck
770.985.6773 (answered 24 x 7)
I filed a complaint and it was served. The opposing parties counsel filed a demurrer and motion to strike claims in the complaint.
How long do I have to file a response to the demurrer and motions to strike?
How many days prior to the hearing must I deliver a copy to the opposing parties counsel?
Your deadline to oppose the demurrer and motion to strike is based upon the hearing date of each motion. You must file and serve oppositions no later than 9 COURT days before the hearing date. (Be careful not to include weekends and holidays in your counting. You can look up the court holidays on the court's website.)
You must also serve the oppositions in a manner that is reasonably calculated to ensure delivery to the other party not later than the close of the next business day after the time the opposing papers are filed. This is typically accomplished by overnight mail.
I am in the middle of a divorce my husband wrote me a check for the utilities then he stop payment on it and filed forgery with his bank on the check is he trying to get me to go to jail or get me at some kind of trouble and can he do this? We are still married
Do you have an attorney representing if? If so, contact your attorney.
He can do anything he wants but it does not mean that the police will prosecute you. If it's his signature then you are fine. If you forged his signature that is illegal -- even if you are married.
The owner of a small medical device company I worked for up until today, has stated he is closing and cannot pay my payroll this month, canceling insurance retroactive, as well as not paying the commissions on sold products. Is this legal? What can I do?
No that is not legal.
You can initiate a lawsuit against the person for the unpaid commissions an breach of contract. There may be other recourse as well.
You can contact me at [email protected]/* */ adn I will be happy to assist you.
Dog bites a person on public property in Indiana. Dog is on a leash with the owner. Dog is up to date on vaccinations. Bite is bad enough for an emergency room visit. Is the owner liable for medical bills?
Depends on whether the owner was negligent in his walking of the dog. If the injured person goes to pet the dog without an OK from the owner, the bite might be his fault.
Was arrested for a dui. And the da added another charge h.s.11550. Under influence of a controlled substance. Methamphetamine. Police report states Miranda rights were not given, and urine sample on file has some one else's name. Not the person charged. Is that grounds for dismissal?
You've identified several errors - whether or not they add up to a compromised case that gets dismissed. . .?
That will require your lawyer looking at EVERYTHING to do with your case.
I am 65 and forced to retire on total disability. I am unable to pay my credit cards with my fixed SS income. Is bankruptcy my only option?
Bankruptcy is not your only option, but it is one of a few that you should consider. While bankruptcy eliminates debt, and it sounds like you would qualify for it, it may not be a good option if you own property with a large amount of equity, as a bankruptcy trustee may look to sell your property. As you will not be working, if you do not file bankruptcy and are sued by a creditor, they cannot garnish your wages for the debt, or garnish a bank account with only Social Security funds in the account. However, they could lien property you have, so looking into ways to protect your property without filing bankruptcy is another good option. Go and see an attorney who handles bankruptcy and asset protection to get a clear picture of your options.
My question pertains to the laws surrounding overtime requirements for employees. I work for a company that states in their employees manual that they do not issue overtime wages, but the duties of my job position requires me to work an average of 13 hours a day in a 5 day pay period plus an additional 10 hours during weekends. I do get paid for the extra time I work, but at the same pay rate. Is this action legal ?
Probably not legal if you are paid hourly. Perhaps legal if paid salary or salary plus some additional hourly as long as guaranteed salary is at least $455 a week, depending on duties of the job. You do not advise as to the nature of your job duties or details of your job. Feel free to send me a more detailed email with information wagelaw at hotmail.com or check out my website overtimelaw.com
Iam a truck driver.The company I work for hauls mail for the USPS in Miami,Fl.
I was working at post office in Miami.I had backed my truck into the dock and was exiting the vehicle.I had stepped onto the bottom step of the truck and had put my right foot on the ground .There is an apx 8 to 10 in drop in the drive way at this dock .My foot touched the ground and I thought I was on solid ground and as I started to bring my other foot off the truck I lost my balance because there was nothing under my heel on my right foot as that is where the drop is.I landed on my head and cut and lacerated it sevearly,requiring an ambulance ride and 5 stiches to my head. This area is not specifically lighted or highlighted at night.Do I have a right to question the safety of this?
You certainly have a workers' compensation claim. You do have a right to question the safefy of this to avoid others from being injured. More facts are needed to see if a personal injury claim is also possible. See www.FL-PI-Lawyer.com
You have a worker's compensation claim but it is unclear whether it is a State or Federal claim. You say you work for a company that hauls for the USPS. If that means the company you work for is a private company, you likely have a State w/c claim you can pursue. If you are an employee of the USPS or the Federal government you are limited to a Federal W/C claim. You need to seek legal help either way, but different lawyers handle these different types of claims. If the dock where you were working is owned by the USPS you likely don't have a personal injury claim no matter whose employee you were at that moment. If the dock is owned by some third party then you may have a claim you can pursue. you need an attorney to review the matter.
In indiana, can a mother move to a different state with her baby without the fathers permission if they werent married but his name was on the birth certificate?
The question is not whether the man is on the birth certificate. Rather, has he been determined to be the father and did the parents follow the Indiana Code provisions concerning a paternity affidavit.
a theft in the amount of $10.79 from a convinence store. what are my options and what can happen to me?
Theft under $500 is generally considered a Misdemeanor. A misdemeanor is any charge punishable by up to 90 days in jail and/or a $1,000 fine. (i.e. Careless Driving, Simple Assault, Prostitution, Theft, DUI, etc.) Unlike petty misdemeanors a misdemeanor is a crime and it is important to consult an attorney to discuss your case.
If you would like to discuss your case further, feel free to contact our office for an initial consultation at no cost: 612-217-0077
A theft offense can be very serious. While any theft under $500 is a misdemeanor. Such an offense is still punishable by up to 90 days in jail and a $1000 fine. The collateral consequences of a conviction can also be extremely significant and preclude a person from finding employment where background checks are performed.
Often, if you have no prior offenses, a conviction can be avoided with a Stay of Prosecution. A Stay of Prosecution means that the offense is never recorded on your record and stayed for a certain period of time to ensure that you do not have another offense.
We can assist you in making sure that your record is not affected.
For a FREE consultation call 612.240.8005.
My property on which I live is to be sold at a Sheriffs sale next month for non payment of property taxes. How long do I have before I have to leave the property if someone purchases the property? Do I have any recourse after the sale and if so what is the timeframe?
If an owner wants you off of the property, he has to file a "forcible entry and detainer" suit with the Justice Court. You'll be served, and you'll have three days to respond.
Ran a red light and was ticketed fro NYS VTL 1111D1
the ticket gave correct plate info but wrong state. Car is reg in CT not NY.
is this a fatal defect?
Unfortunately, the wrong state on the ticket for the plate is not a fatal defective. A disobey red light ticket is a 3-point ticket that carries roughly a $250 fine for a first offense. The fines for second and third offenses increase substantially. It also can adversely affect your insurance rates if you have any other convictions (or an accident) on your record within the last 36 months. We, therefore, recommend that you plead not guilty and fight this ticket. If you do, you may be able to save NY points, and avoid an insurance rate increase (assuming you have an otherwise clean record).
My husband recieved his 10yrs green card feburary 2013,what the time frame before he can divorce me without losing his permanenet resident status
If he is a Permanent, as opposed to a Conditional, Resident, then the dissolution of your marriage should not be relevant & I do not see why he would lose his Permanent Residency.
I am currently separated from husband and divorce is final in a month. I was a stay at home mother for boys for 17 years. I have been the one to make ends meet with school and sports and friends for kids. I have been moved out of our family home for about 8 months now. I currently have a job that is at night and am doing what I can to make ends meet. We split kids 50/ 50. We both want to move to different towns (only an hour appart). What are my chances for getting my kids in a custody case?
Based on the age of your child(ren) ( 17), they can state their wishes concerning the parenting plan, however their contribution to this conversation is not the final say. More information is needed to assess your legal options.
Agreed. Since a change like this would be dramatic in the other parent's ability to see his children, then the court would most likely request a psychological exam to allow you to move away. Good luck!
Is there a law(s) and if so, what is it for protecting a relationship of 2 years, where one person is 17 and the other just turned 18 from a file of rape or some sort.
( 17 year old will be turning 18, 6 months later)
No it can be charged as statutory rape But considering the age of the parties the District attorney may use discretion and not charge it.
A lady sold her home. And her two grandsons don't want to move.legalaly can the police evict them?
Nope. The buyer has to obtain an unlawful detainer judgment against them first. The good news is the new owner will be entitled to a money judgment against them in addition to the eviction judgment.
can the board of directors wave another director from paying maintance fees
No, the enforcement of maintenance fees has to be uniform and applied to all owners in the same fashion.
If stolen, is the outside condensing unit of an air conditioning system considered physical property and covered under vandalism on insurance policies?
It would be considered a fixture. The deductible for theft would apply. Vandalism usually does not involve the taking of the property.
I discovered I have a warrant for a misdemeanor failure to appear. I am trying to obtain a Missouri Non Drivers License ID. while i clear this up. Will I potentially be arrested if I try to get a non drivers I'd at the DMV?
While you have an active warrant for your arrest, it is possible that you can be arrested. It is difficult to say whether you will or will not be arrested when at the DMV. The best option would be to hire an attorney. The attorney may be able to recall the warrant so that you will be able to set a court date and appear in court or other places without the concern of being arrested.
My dad left me in charge of his trust. At his passing we terminated the trust and changed the properties to our names (5 siblings) and later was converted into an LLC. Now, 3 of us want to sell and 2 do not. Can I exercise the Trustee powers to list the properties for sell, we are majority. What other avenue would be correct to follow? Thanks. LOurdes
If the properties are held in an LLC you have to proceed under the LLC governing documents. If you terminated the trust, there are no trustee powers to exercise.
You will need to review the LLC operating agreement carfefully (you did engage counsel to do this for you, didn't you? And these issues were discussed and conclusions reached?)
The operating agreement should set the rights of the members ( and managers if it is manager managed) and may include a waiver of partition rights. The operating agreement should contain your answer. If you didi not do a proper operating agreement, you fall back on the California Code provisions governing LLC's.
If the trust is terminated and the property distibuted, the trustee powers are irrelevant.
My 13 year old son hates visitation with father. What's the best way to get visitation reduced or eliminated?
It is most unlikely (in my opinion) that any judge hearing this matter for a reduction or elimination of your son's opportunity to interact with his father would agree to such a request absent persuasive showings (more than one) that you've made credible and reasonable efforts directed at both the father as well as his son to improve this unhappy as well as unfortunate situation regarding father-son visitation and that the current schedule for such visitation is provably not in this child's best interests.
My husband filed for divorce and sole custody of our two children as apparently he was unfaithful the entire time we was together. He had his rights terminated to his older children because he was at a family get together with his ex wife and kids when he and his ex got into a domestic dispute her dad stepped in and they got into a fight which resulted in his father in laws death so he was convicted of second degree murder while kids were present, what are the chances he will get custody of our children?
Consider Florida Statute 61.13 2 b 2. Probability is slim.
I bought furniture from a rent to own company and 48 hours later I discovered the headboard was infested with bedbugs and larva. I had to sleep in my car for two nights because the company was closed and could not remove the items from my home and I was scared to sleep at a friends or hotel because I did not want to spread it. I had to take off from work to have it removed and to have them send out an exterminator to verify that the bugs did not come from my home. Can I take them to court over lost time and damages to my property ?
Possibly
Need more information and all documentation
Good luck
Ralph
(770.985.6773 -- answered 24 x 7)
Possibly, but unless the store manager is an idiot, he'll offer to pay the exterminator bill and save you the trouble of a small claims case.
Hi,I was arrested in Fort Lauderdale for being drunk & disorderly and was fined and charged to go to 13weeks of anger management. My court order does not have any due date or a perole officer. Due to the nature of my work I had to leave fort lauderdale and will be back in may, but I recently got flagged going through customs at St.Thomas the system now showed that I only have till the end of march. Could I possibly postpone this or could I complete it on another american island, puerto rico for example.
You need to talk to your probation officer to see if this can be done but it is doubtful because usually you need court permission. You should get an attorney who could file a motion on your behalf to help you accomplish this.
If there is no probation officer then the issue may be one of contempt if you do not comply with the court order in a timely manner. Speak with an attorney who can file the relevant Motion with the court to extend your time for completing anger management.
Natalie Hall, Esq.
My mother was arrested yesterday for domestic violence. What kind of punishment are we looking at?
It depends on many things:
What (if any) charges the DA files.
Whether any charges filed are a felony or a misdemeanor.
The facts of the case
Her prior record (if any).
There are just to many variables to guess as to what may happen. But before focusing on punishment, why not have an attorney represent her to look for factual or legal defenses or other ways to defend her rather than just wondering how much trouble she's in?
I'm doing research for a feature film and I wonder if a legal profession could help me create some legal realism. If a Canadian in the US on a student visa was booked by police for possession of marijuana, what would happen to her legal status? What if she was *selling* small amounts of marijuana? Would the penalty be much graver if she was booked for cocaine possession? Thank you in advance for your advice!
Regarding the criminal penalties, you would need to speak with a Criminal Law Attorney. She could potentially get jail time in the U.S. & then be removed to Canada.
I was offered a salaried position never received anything other than $10 an hour
I was told I'd have to work 50 hours a week with no overtime
I addressed them about not paying other employees for not paying them overtime
With them responding by saying the employees said it's okay..They don't care as long as they get the hours..I told them that's illegal and unethical..Also I had to address why the employees weren't getting there rest breaks I felt sorry for them one girl is pregnant...Well January first I was fired..Saying I don't fit in and I have done my responsibility because I refused to lift boxes because I have spinal stenosis This they were well aware of...Bullshit sorry but that's crap..can I sue
Hello,
It possible that you have legitimate wrongful termination, and retaliation case, but more facts are needed to determine that. You should contact an experienced employment attorney in your locality to discuss your options.
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
My son took this past Monday off work for the birth of his son. He had let the employer know ahead of time when the due date was. He returned to work today, and they told him to go punch out and go home. They fired him. He has worked for them for at least 6 months. Are there laws for this?
Iowa is a right to work state which means a person can be terminated for any reason good reason or no reason at all unless there is a contract of employment , he's been terminated for reasons of race, gender or religion, or he's covered by a collective bargaining agreement.
we hold a promissory note and one of us has died, no will, do his children have any claim on the proceeds of the note. the note reads payable to Ray Anderson, Steve Anderson, Cindy Anderson, Denise Brault or the survivor of them
Yes, when a person dies, anything they own passes through their estate...the only exception would be if the document for the note, declared that if one person passed, his interest would go to the other parties.
think of a situation where, youare president and saw a opportunity that would be beneficial to the united states. How is it beneficial and how would you get it past congress.
Sorry. You'll have to do your own homework.
I got into a accident in oct 2012 in and on company vehicle now the person is sueing the co I worked for and me no tickets were cited I got a civil summons what do I have to do
Give it to the insurance company that covered the vehicle, they will defend you
mom and pop business I have 11 employees can I get sued for title 7 for discrimination
Although your employees cannot file a claim with the EEOC, they can file a governmental discrimination claim.
Do you suspect an employee is being discriminated against at your work site?
Hello, I have a question about starting up a business while on unemployment.
Is it possible to start up an LLC with a business bank account separate from my personal account and keep all of the money for the company and not pay myself anything while still receiving unemployment?
It would be as if I worked for/owned the business but did not receive any paycheck, everything would go toward building up the business.
Thank you for the help.
Since most newly-started businesses don't and can't pay regular market-rate salaries to their founders, yes, you can do this. The taxing authorities (and probably the unemployment people as well) would begin to have reason to complain at some time in the future when (a) you are working rather steadily in the business, and (b) the business is producing enough revenue above its expenses so that it can well afford to pay you. I can't predict whether or when the unemployment folks would consider you employed in your business and capable of paying yourself a salary, but if you handle it in a reasonable and justifiable manner, you'll probably have an acceptable story if they ever question you (and the odds of this are not zero, but rather low).
In addition to Mr. Whipple's comments, in order to stay eligible for unemployment, you need to be able to declare under penalty of perjury on your claim forms that you are continuing to search for employment and that you are actually available for employment (including for interviews, sending applications/resumes, etc.). If you are working full-time in your own business, you would not be able to honestly answer those questions with a 'yes' and would therefore not continue to qualify for unemployment.
However, if you meet the qualifications above, it may also be possible to actually pay yourself while on unemployment, but you would need to deduct any amounts you receive from what you may be entitled to from unemployment. For example, if you earn $150 in one week from your business, but you are entitled to $450 from unemployment, you will subtract out $150 just as if you had worked a temporary or contract job, and can then receive the difference in unemployment funds. You need to account for the money earned when the work is done, not when you actually pay yourself.
This process gets tricky, and you will likely end up having to have a phone call with EDD so that they can ask questions about what you are doing and make sure you are still looking for work. Your benefits may be delayed, or EDD may end up cutting them off if they do not believe you are continuing to look for work; however, that is probably better than them finding out down the road, claiming that you committed unemployment fraud, and having to pay back the unemployment you received plus penalties.
Married 12 yrs, both work, incme 75 and 85k, no children house. Only eligible pension during he marriage is 10K with 17 in 401K, Age 61 and 56 ( I'm older). No issue on my settling property in house, or even her buying me out, no equity . I have cheated more that 10yrs ago, but my understanding NJ in no fault state Like to get a divorce afraid wife may hurt me or cause representational damage. She has threaten to say she is afraid and have me put out, for me to pay mtg and other expense. I'm barely making it now because I have paid the mtg, property tax and insurance since married, in addition to all my personal expenses. the first three are more than 54% of my take home pay.
You need a smart lawyer, and you need to plan this carefully.
Domestic Violence is a really serious issue, and you need to understand that law.
Call me, come in and see me. I represent guys like you all the time, and this is very very dangerous and tricky stuff.
My husband & I are getting divorce....nothing filed yet....in process. He has refused to work for the last 8 yrs.i cut him off my credit cards. He has no income coming in. Is there a way to freeze access to our home equity line of credit(Heloc) so he can't be taking all our money before the divorce gets filed?
Make a request in a motion called a request for order to prevent either party from using the equity line without further court order approving the use of that credit.
Ms. Kock's answer is correct, but if you want to freeze the account permanently, a first step would simply be to contact the bank and ask them to cancel further draws on the LOC. Once a divorce is filed there is an automatic restraining order against taking out more debt except for necessities of life, so you may well want to just shut the HELOC down entirely rather than get into a fight later about whether a draw was "necessary." Also, although she doesn't mention it, that motion would have to be part of a divorce. So any way you want to go about dealing with the HELOC, you need to get the divorce filed and served sooner rather than later.
A dear of mine is currently fighting battle with CPS, due to some unproven claims (i.e. her bitter ex called CPS and claimed that she is a druggie and that she sleeps three days in a row without feeding her own 11 years old son). Despite the interview evidence from the son (he denied he was being starved..ever), CPS took him away anyway.
Now under the guidance of judge and CPS, the mother spent a whole afternoon performing community services and taking psychological evaluation tests. She feels strongly that CPS will use these psychological tests to prove that she is an unfit mother for her own son. Now, at the time of writing, his son has been in foster home for a good six months now, but CPS has been inquiring her if she has any friends who are willing to take on the roles of foster parents.
She came to me with a proposal that I would seek for a home study from her CPS case worker and further seek to become a foster parent for her son. The idea is that if she is on the losing end, she would inform judge to sign away her guardianship to me (assuming I would agree to adopt the child). Once CPS has nothing to pursue with (assuming she signs away her rights), and closes the case, I can then return the child to her.
Now, I am not a lawyer, but what kind of legal trouble would I find myself in if such plot is to be executed? I know she is a good mother, and she would do anything to care for her child. If she does indeed lose her child to CPS, she would have to wait for 7 years (until he turns 18) before she can see him again. I am torn here, wishing I could help, but I wonder if this can bring more trouble to her and me than it is worth. thanks for reading
Something turned up in the initial CPS investigation that caused them to take the child. Also, where is the father of the child? No problem with you becoming a foster parent and taking the child during the investigation, but I advise against the rest of the plan. In such a plan, she will be caught, and so will you. What if the X files another complaint? you will have both lied under oath.
She needs to hire an attorney to assist her with the CPS case. If she has truly done nothing wrong an attorney will be able to help with a quick resolution to the case. Even if she had done something (like testing positive for Marijuana) then an attorney can still help her with CPS.
I totally agree with Attorney Bayles outstanding answer.
It appears that you live in Houston. There are many excellent attorneys in Harris County. Look on this website and on www.avvo.com for an attorney.
For an attorney knowledgeable in CPS, consider calling one of the following attorneys --
Rogers Bodreaux Jr.
Leo Farias
bobbie Young
Robert Cardenas
Barbara Ramirez
They all do CPS work.
Good luck!
www.familylaw4u.com
My neighbor just put a camera in the common hallway. Can they do that?
Typically, that would not be acceptable as an invasion of privacy. If you would like help from Wisconsin counsel- through contacting your neighbor or reviewing relevant information - please email me at [email protected]/* */ .
Is there way to reclaim money sent during the marriage post divorce?
A lot of money has been sent overseas during the 20 years of marriage.
I'm not sure what you are talking about. Call me at 1-855-9JEFLAW to clarify.
Hello,
I live in a two story apartment building and I live in the bottom apartment. My upstairs neighbor is constantly stomping and making unneccessary noise,which gets worse when she has company. I have approached her, she responded by saying, "I don't think I'm making that much noise." Per her response I concluded that I "lost the battle" and I was not going to argue with her. I simply walked away...shaking my head...in an attempt to not have things escalate. I would talk to the apartment manager, but, again I would be wasting my breath. I have endured her inconsideration for quite a few months and I am frankly fed up. Is there anything I can do legally or otherwise to solve this problem.
Thank you for your time.
Alicia g. Wingo
You did the right thing by first going to your neighbor, but I'm confused as to why you assume you'll be "wasting [your] breath" by talking to the apartment manager. Technically, you could sue your upstairs neighbor for creating a private nuisance, but the much cheaper and simpler answer would be to talk to raise your concerns with the manager. If he or she fails to rectify the problem, you may have a cause of action for breach of the implied covenant of quiet enjoyment, but you should certainly give him or her the opportunity to confront the neighbor.
If the manager refuses to assist or if the neighbor's noise continues after the manager speaks with her, I recommend following up any oral communications with a letter.
*The preceding response for general informational informational purposes only and does not constitute legal advise or establish an attorney/client relationship. If you have additional questions, I recommend you contact an attorney.
My neighbor of 5 years has asked me to sponsor her, she is from venuszuela, so that she will be able to work and become a us citizen. She has 2 children born in the US. Is there anything else I can or need to do besides the paperwork so she can become a citizen?
Who is applying for her? Does she have a US citizen spouse? How old are the children? Are you employing her? There are a series of questions that must be answered before I can advise you. Please contact my office at 904-576-2581 or email me at [email protected]/* */ for a free consultation.
Can mom sue while the appeal came back denied from the ca supreme court regarding child custody case, sue father of child for back child support
I would need more information regarding your case and the appeal to answer your question regarding this specific case. However, for back child support I recommend that your mom contact the local child support services agency in your area.
My husband's employer wants him to sign an agreement that says that they can deduct money if he does not get > 80% of his customers email addresses- is this legal? Isn't this a privacy issue? I understand that ethics and law differ...
Privacy issue, how so? If your husband agrees to it, I don't see
any issue of legality. (Presumably, these customers are in no way
compelled to give out their email addresses if they don't wish to.)
The CEO of a company engaged me and my company to enter into a partnership. I have many verbal and written email commitments from him, and the other officers outlining what the terms and execution dates should be. In addition the CFO provided me with a projected valuation and revenues of my company would be if I agreed to the partnership. I was given permission by the CEO to tell my customers that I had this partnership. My clients have pulled out of some deals because this partnership has not materialized. The CEO is dodging me now. Can I sue? What are my rights? Thanks you.
Perhaps. You may, however, have problems since no agreements were executed, and you are merely relying on broken promises. (It appears that you were still in the negotiation phase.) Your damages may be hard to prove too. You stated, 'my clients have pulled out of deals because this partnership never materialized." If the clients would not have gotten into the deals in the first place without the proposed partnership you really did not lose anything. Much more information is needed to properly evaluate your situation.
If I am married and refinance my home in my name only, is my husbands signature required on any of the paperwork?
Spouse needs to sign the deed of trust, Truth in Lending and Right to Cancel unless you have some type of free trader agreement in place. As long as husband does not sign the promissory note, he is not personally liable for the loan but he is indicating that he is giving up any interest he may have in the property as to the lender.
Yes, NC law requires spouses to sign off on all mortgage transactions even if they won't sign onto the loan itself. They must sign the deed of trust.
Can I get in legal trouble for taking my daughter to get her belly button ring pierced without my ex-wife's (her mother) consent?
Depends what court Orders are in effect. Have the documents reviewed by an attorney.
Are there any limits on the amount of hours you can work a inmate worker daily ?
I presume the California Wage and Hour laws don't really apply (at least as to the minimum wage requirement) in Prison, but there is the Eighth Amendment to the U.S. Constitution, which prohibits "cruel and unusual" punishment. If the inmate must work all day every day or very long hours, I suppose there is an argument that would violate his constitutional rights.
my dad died. living in colorado. he had a common law wife. what do my sister and i get from him. does his wife get everything?
I am sorry for your loss. The answer depends on your dad's estate plan. He could have had a will, trust, POD accounts and those could have provided all assets to this common law spouse. If he passed without a will or related estate document then the assets go by the rules under the intestate statute.
Also, most people are mistaken as to what a common law marriage requires. In Colorado a common law marriage is established by the mutual consent or agreement of the parties to be husband and wife in the present, followed by a mutual and open assumption of the marital relationship so as to objectively demonstrate that the parties considered themselves husband and wife. It is much more than merely two people living together. If their relationship did not meet this threshold agreement, they may not be common law married and this determination would have a huge impact on who gets what.
I very strongly recommend that you and your sister speak with an attorney as soon as possible to protect your rights as to the assets, especially because of the common law marriage issue.
I was caught by shoplifting. And i feel really guilty about it.
When i got caught, the security handcuffed me and took me to the back of the shop and made me sign 'civil demand notice' which says that i admit that i did a wrong thing, and i signed a paper that i agree to not shop at Bloomingdales for few years. and they told me that there will be a letter sent to me soon. So i got a letter, and it says i have to pay $425 for civil demand within 30 days. i searched in google and viewed many other lawyer's answers about this problem and most of them said 'just ignore it'. I am confused now. Do i have to pay this? or is there any other solutions?
Sometimes they say you have to pay a fine. It's not a civil "fine" - it's a civil demand letter. California law allows a merchant to demand up to $500 following a theft incident. These letters are typically sent by the store or a law firm acting on their behalf. They are all bark and no bite. If you ignore the letter, they have to make a choice - let it go or file a small claims case against you. I have never heard of anyone actually being sued if they ignore the letter. Why don't they do anything? Because lawyers cannot get involved in small claims cases and it isn't worth the store's time to pursue a small claims case over such a minor amount. There is one law firm in Florida that does nothing but these kind of civil demand letters on behalf of stores. They were quoted in a Wall Street Journal article as sending out over one and a half million letters a year, but they filed less than 10 lawsuits. Not ten percent. Not ten thousand. Ten. The odds are overwhelming that they won't do anything. If you choose to pay their demand, it just means they won't sue you, but it will have no impact on any criminal prosecution. Paying it won't stop criminal charges from being filed and not paying it won't make a criminal case worse or cause charges to be filed if they weren't going to be in the first place.
Your research was correct. The overwhelming consensus is to ignore civil demand letters.
if a landlord lied to potential new landlord stating I was under an active lease can i sue him?
Under th FAC s that you described, you can sue for damages. The particular facts of your situation will affect your likelihood of success.
Good luck
can a judge hear me in family court if i have been in her criminal court in past. i called conflict of interest she said she didnt she it is that right
The judge does not have a conflict of interests in this matter. Apparently, you just don't think it's fair, but that doesn't mean there is conflict of interests. There may be procedures in this jurisdiction for requesting another judge that you should look into.
can you receive a DUI when car was parked and you were not behind the wheel but refuse a breathalyzer test (sobriety test was not given)
Can you get a summons? Yes. Will you get convicted? It depends on the facts of the case and the defense set up by your lawyer. Call me at 732/773/2768 to discuss.
the mother of my child took our son with her to cameroon africa.i had signed two weeks consent.she came back and left our son in cameroon.is that kidnapping.she has filled for child support and the usa born child is not here.is this possible
See a family law attorney. I can't believe that your primary concern is the legality of a child support claim if she has permanently removed your child from the US.
I DID NOT 'approve"the answer i hit the wron button in error . you're missing the point.
my partner has money to pay his "hired" other employees and they don't do anythng i do ll the work!!!
So, as a partner in this small business, how are you legitimately entitled to claim a share of your partner's monthly social security check?
violence from a house mate in a shared living House, Spying/Peeping Tom(s)
LawGuru not search engine specific facts question need
Can my adoption rights be revoked. I am in the process of divorce. My wife is threatening to take my son from me .I don't want to lose him .I adopted him 6 years ago. We live in Kentucky. Thank you for your help
No, your rights to an adopted child are just as secure and just the same as if he was born of your own body.
my son was riding with a friend and got pulled over. they said the music was a little loud.so he check them both out and found out that the driver had a warren for a old fine.The officer ask did they have anything illegal in the car.the driver said yes . it was in his bookbag in the back seat.6gram of weed.he told them that it was his ,they charge both of them with possession.they are both 21 my son have a clean record.can he be charge with possession too?
.
He can and has been charged. He needs an attorney to defend him
can a federal agent or police officer enter a private property without reason or invitation when the door is unlocked, same question about citizens or neighbors?
No.
This is more of a criminal law question. The general rule is no, police and government agents may not enter a home without a warrant. There are several exceptions, and it is not clear from your post whether any of these exceptions would apply to your particular case.
My husband & I are in the process of divorcing after 12yrs and 2 children. We both have lawyers but they have a discrepancy in CS amount to be paid. Can this be dertermined by a judge alone or do we have to do the whole case in court? I am asking you because my lawyer is proving to be non responsive.
If you are not satisfied with the answers from your lawyer, then you should retain other lawyers. There's no way anyone here, without seeing the pleadings, can predict how your case may be resolved.
I live in illinois. I was never married to my son's father. He hasn't made a child support payment in a year and has only seen him 2 times in a year and a half. Can I have his rights taken away?
if you have an order for the father to pay child support, you need to ask the court to enforce that order. visitation has nothing to do with paying child support.
I need to write a letter to immigration explaining why I cant got back to Mexico to file for a u-Visa.... I need guidance on how to write it...What do I say? How Can I start it?
You should not have to go back to Mexico to apply for a U visa. You must have been a victim of a certain crime listed by USCIS as grounds for applying for a U visa, and you must have suffered mental or physical harm as a result of the crime. You will have to get a certification from a government agency stating that you were a victim of a crime and that you were cooperative or are likely to be cooperative with the government in the investigation of the crime. As you can see the process is more complex than just writing a letter and you should seek the assistance of an immigration attorney. Please feel free to contact me at 415-273-9123 or [email protected]/* */ to discuss this matter further.
Seeta L. Nangia, Esq.
Law Offices of Seeta Nangia
Exclusively Practicing Immigration Law
Phone: (415) 273-9123
Email: [email protected]/* */
Website: www.nangialaw.com
My wife and I "Wills" provide for our two sons and a local attorney to jointly act as "personal representatives" in the event we are incapable of doing it ourselves as the "survivor". What problems if any does this lead to ??
What are usual legal fees for attorneys serving in this capacity ? Is there a schedule of fees related to estates value ??
Discuss these issues with your attorney. Having multiple personal representatives causes all kinds of problems that you may want to consider avoiding. the charges for personal representative are discussed in the statute based on value of the property. Discuss these issues with the attorney as well
can a doctor leaving a group medical practice stop a patient from seeing another doctor in that same group of doctors
No
Can the court revoke my probation for a counselor not signing off I. My counseling sessions? I have attended 12 sessions in the past year but the counselor has not signed off on me. Most likely because I still need addiction counseling
Probation is violated only because of something you do or fail to do, not just because of what someone else does or doesn't do. If you are required as part of probation to do all counseling recommended, then your question is answered.
In the state of Ohio, does a last will and testament have to mention all children? If they are not mentioned can they contest the will?
I have had one lawyer say they have to be mentioned, and one say they don't "..if they aren't in the will they aren't in the will".
It's not necessary to mention all the children by name if it is clear in the will that all the children are intended to inherit by the will. Parents are allow to disinherit. If this would be the case, the child should be mentioned by name. Sometimes the disinherited child is given a nominal gift.
My husband is on disability and can't pay his child support and I am unemployed, we have no income at the present moment and we are losing our home and will be homeless very soon... Is there a way that he can get his payments reduced so that we may be able to afford to pay our rent and other bills?
Absolutely. If the support case is being handled by the Dept. of Child Support Services, he should call them right away and ask them to send him the paperwork for a modification. If DCSS is not involved, he needs to immediately file an OSC or motion for modification to the support order. The amount owed continues to be due at the present rate and cannot be retroactively reduced back any further than the date he first files for a modification. So every day counts. Get it on file right away. If it is not a DCSS case, the family court has self-help services to help fill out the modification paperwork. Look on the court's website for your county's superior court.
Do grandparents have visitation rights for a grandchild
The court will act in the child's best interest but usually grandparents only right is when their child who is the parent is unable to exercise their visitation rights due to incarceration or death.
Can NBA players endorse alcohol products? The NBA CBA I can find online is not clear on this matter.
I did a cursory search as well and couldn't find the MOU clause on point... My thoughts are if we get a copy of it, we would find a prohibition on endorsements on certain products including alcohol and cigarettes for obvious reasons. I suspect you have an alcohol product and want to get an NBA player to endorse... I don't think it can be done... but to be sure I'd ask your player prospect for a copy of the league MOU and start there. I'm available for hire if you think you need the help and otherwise Good Luck!
The prohibition could be in a number documents that would make it enforceable. You may want to rely on the fact that the big dogs (i.e. Coors, Anheuser Busch) in the industry do not do it. I assure you that if it was permitted the big dogs would be shelling out the big bucks for NBA players to endorse their products.
Can I sue a business owner for not putting in Stop signs.
The story is I got into a car accident in a parking lot, the security guard told me that not even a week earlier another accident occurred in the same way because there was no stop sign, this parking lot is weirdly put together, there are many 4 lane intersections in the parking lot without stop signs. Because of parking laws in my state, we were found 30 percent at fault, and they are not paying anything for a car that is going to cost 5,000 dollars to fix. The fact that there were other accidents on this very same parking lot the same way, are we able to prove that this parking lot is not safe.
In Utah you may be able to prevail against a parking lot owner if you can prove that the owner was negligent and that his negligence caused the accident. In Utah a jury would decide between the negligence of all the responsible parties and then apportion a percentage of fault to each party. You prove negligence by showing that the owner did not act reasonable or that the parking lot in question is unreasonably dangerous. The jury would then determine who was negligent and whether or not the negligence cause the accident. For example, the jury might decide that driver #1 was 20% at fault, driver #2 was 40% at fault and the parking lot owner was 40% at fault. In Utah, you add up the negligence of all the other parties and if it is more than 50% they you get to collect the percentage of damages caused by the other peoples negligence. I hope this was helpful and good luck. If you have any other questions, don't hesitate to call us at (801) 363-9982 or email [email protected]/* */
Can a neighborhood security group ban me from a neighborhood, causing me to lose my job located in the same neighborhood? The ban came after I had already worked at my job and is completely unrelated to my employment.
Your posting doesn't supply enough information to fully answer your question. Generally, one may forbid someone from entering it coming onto private property, that they own or control. But, privat citizens and companies generally have no authority to forbid a person from using public roadways, sidewalks or land. It isn't clear why your employer would forbid you from coming to work.
You should consult directly with a civil practice attorney in your area.
Good luck
being that it is christmas season...when i recieved a pkg 3 days ago i had assumed it came from family...i opened it and called to thank them....it did not come from them.....now the company called and they want it back....what r my rights
You need to provide additional information.
How did the company know to call you if you did not order this item or if someone did not order this item and put your name on the package?
I have received my Green Card under Eb-1 Multi national managers category 6 months back.I would like to come out of the company and start my own firm;work independently as a consultant.Is that fine to start my own organization and work as contractor.Does USCIS will raise any concerns on this during naturalization?
They can raise questions when you go to naturalize. I've been practicing in Ohio for quite some time. Our local USCIS uses INA 318 to really parse through all aspects of a person's immigration history before granting natz. When a person leaves a petitioning company shortly after receiving the benefit, this is a red flag. It is similar to leaving a spouse shortly after getting a green card through marriage. It raises questions. That said, you can respond with answers that present your case in the light most favorable to your circumstances if you're properly prepared for that line of questioning.
Is it legal to have a Real Estate Agent do the transaction part of an Assignment of Contract deal for a Buyer (investor) and still legally collect a fee from their End Buyer in Illinois? I would not do the transaction part, but would have a Real Estate Agent. What would the Real Estate Agent have to do to so they can legally do the transaction and the Buyer (Investor) collect their fee from the End Buyer in an Assignment of Contract deal in Cook County Illinois?
Sure, but if you do not have a license, you could not collect a fee for such a transaction. The real estate broker would need to disclose his or her interest in and compensation from the transaction. You either need to get a real estate broker's license, or put your own money in the transaction and actually purchase the real estate.
My incorporated business has been dissolved for the past 3years. Payments to my creditors was on going until I lost my primary job of income. I have not been able to make payments. I just recently became employed and received a civil action lawsuit against the business and for the outstanding debt owed. In an attempt to work out a payment plan the law firm, representing the creditor, was asking more than what I can currently afford. Do I have any other options I could utilize at this time before this matter is taken to court? How should I respond at this time to the civil action lawsuit summons that was given to me if the law firm is unwilling to work with me based on what I can afford? Your assistance and guidance is greatly appreciated.
Thanks!
You may have badly screwed up already. If the business was properly dissolved, how is it being sued now and why were you making payments? Was there a personal guarantee? See a lawyer IMMEDIATELY as in TODAY, since lawsuits have short deadlines and you may have unknowingly hung yourself with what you have already said and done.
My boyfriend a few years ago received a misdemeanor and the clerk who put it into the system by mistake put it in as a felony. So, this coming up on background checks for jobs has inhibited him from getting a job. He hired a lawyer to get the situation taken care of. That lawyer only removed it from case net. So, it's still popping up on background checks. Is there anything we can do to get it taken care of where he can get hired somewhere?
It isn't clear from your posting, whether the previous attorney sought to have the conviction listing corrected, or have the conviction expunged. If it was merely corrected as being listed as a misdemeanor, potential employers will still find it. Having it expunged means it to s no longer listed with the Court. But, either way, noncourt online databases may always show it. It may not be possible to completely remove something from the Internet, once it has been passed around.
Good luck
Should I have to pay for my daughters father to travel to see her on there supervised visits?
Possibly. There are so many variables; reason for supervision, who requested it, respective financial ability, history of the litigation, judge's level of what I will call anger (in lieu of a less respectful term) all go into a court's decision making process.
I bought a condo from Fannie may, contract says to hold it for 90 days, can I sell it before and how would they find out?
They will find out because all transfers of title are recorded.
My 15 year old has attempted suicide, been promiscuous, has been lying, drinking and using drugs! 2 weeks ago she accused my husband of begging her for a blow job! It's not true! I know this for a fact and have evidence to support this! She lives with her dad currently! Since her allegations my ex is not allowing me to see them at all but has not gone to the police about the allegations! Can I hold him in contempt?
You can file a motion to enforce the decree by contempt. However I can't predict the outcome. You should contact a family law attorney in your area..
I own a small business. Should I have a will or a living trust?
Regardless of whether you have a business or not, everyone should have a will, especially if you have children under 18. Whether you need a living trust or not depends on your business and assets overall. A special type of will is used with a revocable living trust called a pourover will.
Living trusts are overrated in NC; beware of trust mills that have seminars in hotel ballrooms or which offer to sell you trust packages costing thousands of dollars. These companies are not interested in your estate plan but in your money and possibly in selling you high-priced insurance products.
Is your business incorporated or an LLC or a sole proprietorship? What is the process for continuing your business after your death? Or would it have to be sold? What else do you own? Are you married? Do you have children? Are they minors? These are just some of the things you need to think about in deciding what needs to be done in transferring your assets.
I prepare wills and trusts for NC clients for a reasonable fee. If you are interested, please contact me at [email protected]/* */ Or sit down with a local estate planning lawyer to review your situation and help you decide on whether a will or trust is right for you.
Can I put my landlord out of my home if he is asked to leave and want?
Yes, assuming it is not any type of shared space.
