Is a citation for loitering considered an arrest in georgia?
You don't say if it's the city ordinance or state statute, but, usually, yes.
An arrest is where handcuffs aer placed on a person. A citation is where a ticket is issued for the person to appear in court at a later date. So, a citation is never an arrest.
I am 23, single mom, joint custody with 3 year old sons dad, i live in Louisiana, he lives in texas, i am the custodial parent. I am getting married and will be moving to kansas where my fiance has a permanent residence and job, and will be getting married May 11th, 2013. I sent my sons dad a 30 day certified letter stating we were moving to kansas, why we are moving, and that he has 30 days to object the move, and that nothing changes with the current custody agreement as far as visitation and child support, only our address will be different. My question is, what if I need to leave louisiana before 30 days are up to go to a job interview, and to arrange things for my wedding, can I legally leave Louisiana before 30 days are up? Thank you for your help.
You can legally leave. What if you wanted to take a vacation to Disney World in Florida? Do you think you cannot visit that state? Of course you can go there. You just cannot MOVE to Kansas without the dad's permission or his non-objection. So go, just do not move there until he fails to respond and/or you get court approval.
This was my mom, what can we do about this? The locket he had in his pocket was a picture of her and me.
DUNEDIN --
A St. Petersburg man was arrested on Thursday after deputies said he stole jewelry from a corpse while he was in the home to recover her body.
Deputies responded to a home on Pinehurst Road in Dunedin around 12:46 p.m. to conduct a death investigation. During their investigation, an employee from Alternate Transport Service Inc., who was contracted through Sylvan Abbey Funeral Home in Clearwater, arrived to the home to remove the body.
As the employee, identified as 44-year-old Terrance Stubblefield, was leaving the home, deputies said they noticed a chain necklace hanging from his pocket. Deputies attempted to stop Stubblefield, who then entered his vehicle and placed the jewelry inside.
Deputies then questioned him about the jewelry, and he told them the jewelry belonged to his girlfriend.
Deputies were able to photograph the jewelry, valued at approximately $1,000, and show it to the victim's daughter. The victim's daughter was able to positively identify that the jewelry belonged to her mother, 88-year-old ----------- -------.
Deputies again questioned Stubblefield who admitted to the theft allegations.
Stubblefield has been charged with grand theft and was transported him to the Pinellas County Jail.
The suspect is being prosecuted by the State. You should contact the State Attorney's Office and let them know you are related to the victim and want to be involved in the case.
Hopefully, the locket was recovered. If it was it is now being held in evidence by the police. You can contact the State Attorney's office and ask them if it actually is in evidence. Technically, they dont need it for the case. A photo would suffice. However, it's always nicer to have the actual object. Either way you will get it back at some point. If it's not been recovered then maybe a plea bargain can be worked out that includes the return of the property. I'm sure the prosecutor on the case would talk with you about sentencing ideas. Good luck to you.
My husband's uncle printed a last will and testament off the internet, naming my husband as his sole beneficiary and Executor of his will. He's never been married and has no children. Does he have to have the Will notarized or signed by a witness other than my husband?
In NY a will must be witnessed by at least two (2) witnesses. They may not be beneficiaries under the Will.
My Husband's company transferred him to another state. According to our lease, we had to pay a break lease fee (one month's rent) and are still responsible for rent until our condo is rented out. The realtor posted the listing with the wrong availability date and removed the listing before a new lease was signed ( which fell through) are we entitled to any compensation since the realtor did not hold up their end of the agreement?
Well, why not request of the landlord that you be excused from
any charges for the rerental period until the property can
be readvertized with the correct availability dates?
We purchased a dog from a breeder and the dog was sick. The breeder would not take the dog back so we took the breeder to cour and won. The breeder would not pay so we put a lien on her property. What is the next step since she has not intention of paying what is owed to us by virtue of the court ruling against her.
The next step is to try to collect the judgment.
And you really need a lawyer for this.
But you can start by getting the clerk to issue a writ of execution, and delivering it to the sheriff (no lawyer needed for this).
If that's unsuccessful (and it probably will be), you can garnish his bank account, if you know where he banks, and you know that there's money in the account.
You can even ask the court to appoint a receiver. You need a lawyer for this.
are non profits allowed to lobby the government? Do non profit incorporation articles include a no lobbying clause or a clause that curtails their lobbying ability?
There are several categories of nonprofit. Many of them can engage in activities to influence legislation or elections. However, charitable nonprofits, under 501(c)3, which are the only nonprofits that can accept tax deductible donations, absolutely cannot engage in any activities to influence government.
I should also add that the prohibition on influencing government is imposed by law, no matter what the bylaws or articles of incorporation say.
I was demoted with a paycut supposedly based on work performance, however I was never provided any proof or examples of poor work. Do I have any recourse?
Iowa is a right to work state which means that you can be fired for any reason, good reason or no reason at all unless you have a collective bargaining agreement or a contract of employment. Absent that, employers can do more or less as they please.
My boyfriend was sentenced 6 months (he is doing the work furlough program, though) and after serving 2 months, he filed a motion for early release and got sent back a letter that it was denied. Two weeks after that, I sent about 5 letters in to the judge from different people, explaining why he should be released early. He filed another motion for early release as well, and now he has a hearing in a few days. Is this a good sign? What should he say to the judge in order to be granted early release?
This type of question is best directed to his lawyer who will be able to put the appropriate information to the judge in order to obtain the best results.
I'm a GreenCard holder, living in California for 3 years & 3 months now. My fiance has a B1-B2 Visa, & he intends to come and visit me soon. What should I do to keep him here with me without going back? I need the Best solutions! Can we get married here? & Can I file for him later? Or What other options do we have? Please Advise. Thanks in Advance.
You need to determine how long it will be before you can file for US citizenship, and if he will qualify for either a student or work visa during the time gap.
You could get married and file the spouse petition only. However, he will not be eligible for green card until thee priority dates are current. He could get work visa or student visa. Please call our office to discuss the various options at 619-922-5287 or 619-501-1616.
Your fiance should not come here on a visitor visa with the intent of getting married to you. He could be charged with having preconceived intent and have problems obtaining lawful permanent status. If you are eligible, you should become a U.S. Citizen. Once you are a U.S. Citizen, you can apply for your fiance to come in on a fiance visa, or get married and then have him come here on an immigrant visa. Please feel free to contact me with any additional questions.
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 nephew abondoned a dog with us here in fl. now people in va. say they are going to sue us for here a year later. can they do this from va.?
I am not sure what the claim is from what you wrote, but can sue you only in Florida since you have no personal contacts in Va.
circuit court approval of church trustees
What is the correct title for an order to approve newly elected church trustees from the county circuit court and how should such a request be worded?
Re: circuit court approval of church trustees
Why would the local circuit court be involved with approving newly elected church trustees?
There is a gastric clause in my medical insurance and I am severely over weight and doctors (specialist) have all suggested I have barriactric surgery and the insurance still says no, my insulin levels are over 450 presently and I have many medical issues. What can I do? And can attorney help battle with the insurance and what type of attorney will I need.
You need an attorney who does ERISA work if it is a group policy.
I got a dui in 1987 in s.c., at the time i was 16 and turned 17 -2 days later.
I moved back to fl. and now 24 years later they put a hold on my FL. . D.L. I paid the fines and and sent them documents of proof that i went to alcohol counseling and they said the evaluation had to be up to date.
No more than a year old. How can this be legal when i got the dui 24 years ago, that is when i completed what i was told i needed to do. I had a fl. lic. up until i went to renew them.
Does a juvenile record still count as an adult?
If south carolina is anything like florida then it's not surprising since some jurisdictions are late in catching up with outstanding conditions. Your case is not unheard of. However, you need to talk to a South Carolina attorney. And yes, for DUI purposes and any traffic offense for that matter, it still "counts."
Is it legal for a landlord to evict a tenant for nonpayment of rent in less than 30 days? Also, I was told it in PA a landlord could not evict single mom's during the winter months, is this true in Colorado as well? Also, the landlord is actually a property management company and she filed the case under her personal name instead of your company, is this legal?
My landlord started the eviction process one day after the rent was late (due on March 5th, started on the 6th). I'm a single mom and was evicted on the 24th and am now faced with trying to find a new home with an eviction on my record. If the property manager had waited just three weeks, I had the money to pay.
I'm would like to get this off of my record is the property manager did this illegally. Through this whole process, she (the property manager) didn't seem to know what she was doing. At the court date she didn't even know that I would be getting an eviction on my record, she thought if we came to an agreement without the cops taking all my stuff out to the house, I would not get an eviction. Definitely wrong!
Please help,
Donna
I am sorry about the problems. The landlord has a right to file for eviction on the basis of your lease terms. If you are late, even by one day, they can start the process (notice, service, so on). In court is where you had to make your claims. If you did go to court and lost or did not go to court, that is about it. There is also no single mom law that prevents an eviction. Sorry and good luck.
Yesterday on 9/4/14 myself and my sister were issued a 14 day stay away after a volatile confrontation we had with our daughters Kindergarten teacher, Camille Smith. I and my sister have made numerous complaints to the principal, even reached out to the schools Superintendent to get the matter addressed before the blow up. My sister and I had been sitting in our truck parked outside of the school to observe my niece who has ADHD. She has allegedly been running from class, refusing to go to class and allegedly pushed the teacher so we have been going to observe. On 9/4/14, myself and my sister arrived at 11:05 at the gate in front of the school play structure and did not see my niece. After sitting for approximately 5 minutes my niece Jasera Moore emerged with the principal who walked her toward a campus monitor by the name of Ms. Campbell. We observed Ms. Campbell hugging Jasera and patting her on the back because my niece's face was in a distraught state. My sister then proceeded to get out of the car to find out what occurred and see if they needed any help. As my sister entered the campus the principal, Jessica Newburn started to run behind Jasera so she didn't have to speak to my sister. My sister returned to our vehicle and we continued observing. The other students lined up for lunch and we observed my niece running toward the main building. She was out of our view for more than 15 minutes, in the main building so I'm not sure as to what was occurring. My niece then emerged from the main building running toward the cafeteria but a ball bounced toward her, startling her and causing her to run back toward the main building. After about 5 minutes, Lindsey Fuller walked across the yard toward my vehicle and approached my sister and I. They exchanged words regarding Jasera and how the staff was not supporting or helping her get on task. Ms. Fuller threw back at us how it was said after "30 minutes they can contact the parent and myself to come assist". We came out of our vehicle, entered the school and encountered Ms. Fuller, Jasera and Ms. Newburn who started to tell us what happened. My sister and I went into their office to speak about the lack of support for Jasera because she hasn't had an IEP yet. After the meeting Ms. Newburn left to get Jasera lunch because she missed it while they weren't supporting her in the office. Jasera, myself, my sister and a aide for an unrelated student (Ms. Klovis) sat in the office while Jasera ate and walked her back to class. We entered the class with Ms. Klovis and Jasera got seated at a table. I stood by the door speaking to the children as my sister went over to ask Ms. Klovis if she was comfortable with us leaving. While my sister was proceeding toward Ms. Klovis, the teacher, Camille Smith turned to me very angrily asking if I was a volunteer. I told her I was not but that I was there to support Jasera with my sister and she snapped at me saying "I don't want you disrupting the students". I then told her, I didn't know speaking to them was disturbing them and removed myself from the classroom. My sister then approached her but I do not know what was said to her. We proceeded to the office to speak to the principal about the teachers attitude and in my anger I said "I'm going to whoop her ass". No children were present at this time but as I entered the school children were by the water fountain and I did use profanity. We had a meting with the principal who told me that would not be tolerated and then told us she needed time to find out what could be done to the teacher. At 6:00 p.m. Myself and my sister were emailed a letter from their attorney issuing us a 14 day stay away due to the threat and profanity. I feel they placed us in the situation in their negligence to support my niece. I'd like to bring a lawsuit against them for the actions and their untimely handling our numerous complaints leading up to the big blow up.
You are on shaky ground. I don't see you as having any official standing to intervene on behalf of your niece--unless you are the custodial parent.
My spouse filed for divorce 12/5/11, I signed a waiver and it was uncontested on 3/2/12. She was ordered to complete a parenting class by the Bexar county judge. She still has not completed the course and has no motivation to do so. Should I file for divorce separately or is there a timeline she has to have this done by? When will my divorce be final? I am motivated!
Just because she file does not make it her divorce. You can hire a lawyer to push it through, including asking the judge to set a date for her to complete the parenting class and setting a mediation date if there is no final agreement.
I have a six year old child and never received child support. The father lives in Brooklyn new York. He has refused to settle out of court. How can I get child support and back child support? I live outside of Philadelphia,PA
You need to file for child support with your local Domestic Relations Office. They will go back to the date of filing so you're not likely to get any support prior to that date.
John
Call me. I live in Montgomery County.
215-370-2608
child support starts on filing date in PA, check with a NY lawyer to see if they can go back years. Some states allow you to go back some don't.
I have an office in Delaware County looks like you are in Chester county if you desire counsel.
My friend is 17 and wants to marry her 20 year old boyfriend, can she do this without parent consent?
No. Under Georgia law the parents will be notified. And the 20 year old may land in jail, so he may want to think very hard about things and get a lawyer.
what would happen if someone on parole got arrested for disorderly conduct and public intox after getting out of prison in january
They could have their parole violated as well as go to jail on the new charges.
I filed a small claim against a company and in the defendant space on the form , I realized I only put the registered agent's name. I realized this during the pre-trial, now I have a hearing. Will my case be dismissed on these grounds or do I still have a chance? What do I do at this point?
Voluntarily Dismiss and start over.
I have a 13 yr old that has repeatedly disrespected myself and othe family members. she is on probation for Obstruction of LEO, disorderly conduct, disrupting a public school system, criminal damage to property. She has recieved numerous juvenile complaints. She has a court date on Sept. 3, 2013 for charges of Criminal Trespass, Affray and Ungovernable. The probation officers tell the court will most likely do nothing. Her hurtful behavior in my home is effecting my other two daughters. Do they have rights? How can I protect them from this behavior if already probation is not working. My 8 yr old is already picking up her sisters bad behaviors and my 16 yr olds nerves stay torn up all the time. Not to mention my nerves, feelings and so forth. Where does the rights of the other individuals come into play? What should I do at court to make them her my plea for my other children?
In juvenile court, the only issue is what the court is going to do with her to punish her or to fix her problems. Unless you or your children are the victims, your needs don't really matter to them. However, as her mother, you can tell them how she is and see if they can get her some counseling or other methods of changing her behavior as a condition of her probation. Given the ungovernable charge, they may even be willing to put her in a home or detention if you cannot control her, although that might be an extreme reaction. Get to court early and see if they are willing to hear you our about your concerns. That may play a role in what they are looking to do to her for the new charges.
The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at [email protected]/* */, or through our website: hicksmasseyandgardner.com.
My exwife enrolled my son into a very expensive college starting this fall without asking me if I can afford it or not. The cost including the childsupport is overwelming. I need a advice on how to handle these finances, am I paying too much, or is this a no choice matter for me?
Decisions concerning a child's college education are decided based on many factors, much of which is outlined in the lead NJ case of Newburgh v. Arrigo. Your financial ability is a major factor, as is your input into the college making decisions. In order to challenge this decision, you should immediately retain the services of an attorney.
Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you should contact a Family Law attorney to discuss your matter in more detail. Only then will you be able to rely on the advice. Good luck! Rob Gleaner
Call a lawyer to discuss. Check out http://njchildsupportattorney.com/ or call me at 732/773/2768 to discuss further.
In Skagit county WA, how precise should a boundary fence be as far as on the property line. Also, do I need to serve my neighbor any notice? Are they reponsible for 1/2 of the replacement/repair costs?
if the boundary line is well defined you should make sure to have the fence is on your side of the line. If the line is not well defined, you should have your neighbor agree (in writing) that while the line is not certain, you can erect the fence where you intend. You don't have to serve any notice, but you should make them aware that you plan to erect the fence. Unless there is some agreement that they will pay for half the cost, then no.
I am a single mother of two boys who are under the age of two. IMy children's father is a Staff Sargent in the Army. He is currently a Cadet in the local college ROTC program. He is currently married and has been since my first son. His wife had left him after she had her child a couple months after i had my son who is his child. I had moved in due to nowhere else I could go. I only get $60 a month in child support and don't work enough to afford housing or any place. don't qualify for state help. He is abusive and I now feel unsafe for the children and I. He threatens to kick me out with nowhere to go several times daily. What are my rights and what can I do?
First call your sheriff or police department and find out where the women's shelter is. They can help you get protective orders.
I signed an agreement to move into an apartment in a new building. The rent is $3095 per month. 5 days before move-in, I was notified that the place wasn't ready. All of our stuff was put into our apartment, but we were not allowed a key, and we stayed in a different, smaller apartment in the same building for 45 days. They gave us some furniture and items to use since all of our stuff was inaccessible. In the end they took $350 off of the rent for those 45 days, but I expected it to be totally free. Is it legal for them to charge full rent in a circumstance like this? Should we even be paying anything for those days we were displaced?
I bet you are looking for free lunch also. Clearly there should be an adjustment but you can't expect to live free. In addition, you must read your lease. There are probably terms applying in the event the landlord can't provide access on time.
I live in Florida. At the present time my brother and mother are on a deed. He is not on the loan. How do I make sure that he does not get my mother's house upon her death?
To give a complete answer would require an examination of the deed.
But if all 3 names are on the deed, then something has been set up for a common ownership for the 3 of you. Whether there is a joint ownership, life estate, tenant in common, or something else I cannot say at this time.
There is a good chance that you and your brother will have some form of ownership at your mother's death.
Unless the deed is change, he will have ownership.
My secretary agreed to a purchase from an online company over the phone. As the owner of the business, am I liable to pay for the goods/service if I myself didn't authorized it ?
Yes you are. First, in your prior post, you indicate that you authorized the purchase. Either way, your secretary was acting with your "apparent authority" when she mad the purpose and was in the course of her employment. As a result, you are probably liable so long as the purchase was for the business and not for a personal item for your secretary.
Is it legal for an attorney to e-mail me, calling. me names and saying they are going to expose me as something i am not. i have received multiple messages from him telling me what he is going to do? Ty
Thank you for your inquiry. I must apologize for the other attorney calling you names. All attorneys should seek to be professional in their dealings with clients and opposing parties. I assume that you are not represented by counsel. In court, there are certainly legitimate reasons for name-calling, but it should be avoided if at all possible in dealings between the parties outside of court. Unfortunately, I cannot address the rest of your concerns because you have not provided enough information. Feel free to call me to discuss this at 207-775-6042. It is a toll-free call.
We are involved in a civil lawsuit which is about to be appealed in Kentucky. The "Notice of Appeal" has been filed today. We have just made the decision to retain a new lawyer to handle the rest of our part of this appeal. But we will need some time to search for a new lawyer. When we inform the present attorney that he is being replaced, how many days will we have to locate another attorney, before the appeal process moves forward? Please give information about how this process works, when a party is retaining new legal counsel at the early stage of an appeal process?
Thank you very much for the help.
Russell Black
When the notice of appeal is filed, the person appealing has 20 days after that date to file a pre-hearing appeal statement which sets forth the grounds for appeal. Failure to file this document is most likely fatal to your appeal so I would suggest you need to find a new attorney for the appeal as soon as possible (it may be possible to ask for a short continuance, but i would not count on it for this statement). After the pre-hearing statement is filed, the appellate court makes a decision within a month or so on whether to have a settlement conference. That usually occurs within 2 months of filing the appeal. If the case is not settled at that conference, the court clerk has 30 days to send the record from the trial court to the appellate court and then the person filing the appeal usually has 60 days to file their brief. The other party then has 60 days to file their brief then 20 days for the person filing for a reply. Then the court determines if there will be oral argument and if not it stands submitted to the appellate court for decision which can take up to 6 months.
I am married for 9 years but we have been only together for 4 years as he was arrested , convicted and incarcerated for 18 years. We have been communicating and I am managing all our finances , asset, maintenance of whatever we have under his instruction . If I decide to get divorce how are our years of marriage counted in as much as we were only together for 4 years and separated because he was imprisoned 3 or 9? Also what are my rights on claims on our asset. He is right now going 71 and I am also on my retirement age of 65?
You are married right now, as incarceration does not terminate the marriage. Separation, however, has an effect on the determination of community property.
Your situation is tricky. Separation is defined as a parting of ways with not present intention of resuming marital relations. That you live apart is not determinative. What is important is whether there is a complete and final break in the marital relationship. I cannot determine whether he was incarcerated, and you wanted to remain married, but have recently changed your mind, or that this has been both your intentions for the past 5 years.
I suggest speaking to a competent family law attorney to determine whether this is really going to be a significant issue.
My ex husband and I divorced over 30 years ago. In our divorce settlement he was to purchase a 40 thousand life insurance policy with our three daughters as beneficiaries. He passed away 2 months ago and left a life insurance policy with his wife of 2 years as beneficary. She also says he left her all of his property. As far as I know he did not keep an insurance policy with our children as beneficiaries. Do my children have any recourse?
That would depend on the language of the agreement. Potentially they could sue his estate for his breach of contract. Since time deadlines in probate court are very short they need to see a lawyer IMMEDIATELY.
I had a case like this a long time ago with much the same issue. I don't think there is anything that can be done. What should have been done long ago is for you to purchase a policy but get it written into the divorce decree/settlement that your husband would pay the premiums. That way, this situation could have been avoided.
You are the one that had the agreement and since this was 30 years ago, the statute of limitations has run on any breach of the agreement. And even if you could bring a claim for breach of the agreement, the reason for the requirement presumably was to have something for your children to support them if the father unexpectedly died, not provide them with a right of inheritance. The children are now grown and I don't see what damages you would have because the agreement was breached (assuming the children are not disabled and are now able to support themselves).
Your children could not lay a claim to the insurance proceeds as they are not the named beneficiary. You do not indicate that the new wife did not engage in any wrongdoing sufficient to impose any kind of a constructive trust over the proceeds.
That leaves only a possible action by your children against the estate. However, they did not have the marital settlement agreement, you did, and they would have to try and prove that they were a third-party beneficiary. Again, they are running up against statute of limitations issues.
While you can talk with an attorney to see if an action could be brought against the husband's estate, the cost of bringing suit and the likelihood of winning is not in the children's favor.
However, this is one case where I would be happy to be wrong.
Declarant Approval Required. After the expiration of the Period of Declarant
Control and for so long as the Declarant owns any Unit, any action for which the consent or approval
of the Board of Directors is required under this Declaration may be taken only if such action is also
consented to or approved by the Declarant.
What does this mean? Thanks much!
The declarant is the developer of the property who composed the CC&Rs;, and it is common that the developer remains in control of the association of owners until the project is sold out. This means that the developer can make changes or veto any proposed changes until the unit owners take over control of the association. The developer rules, not the majority.
If my husband opens a credit card account in his name and I am not on it will I also be responsible for the debt on that card?
Not unless you co-sign or guarantee the credit card contract
Where can I find a list of the legal requirenents
a judge must have on record before making a modification custudy/visitation
change?I cannot locate the rules and procedure requirements.
This is for a case in california courts?
Thank you.
You are not looking very hard, or maybe you have found it and just think there must be more to it. All that the judge must do before making a modfication to any family law order is make a finding of a "change in circumstances" that warrants review. That is it. Nothing more.
I am a married man and have received a 1099c debt cancellation form. I am not on the title to our home. My wife owns 50% and her uncle and aunt also own 50%. Can we safely file a joint return to avoid a large tax liability rather than file separately? I don't want repercussions from the IRS. Thank You I have cancelled out the entire sum with present debt liability.
You have asked this question before. See a CPA. This is a tax issue, not a credit/collection issue. A CPA needs to review your income and assets to see if the 1099c income can be excluded from your income based on your assets/debts. If you do not own the house then it would not be your asset, but I don't know what other assets you own or partly own nor what other debts you have.
Please see a CPA - a real CPA who is familiar with IRS Form 982. If you cannot afford a real CPA there are VITA people who can help perhaps. However, you can get information about form 982 and the instructions from www.irs.gov.
Good evening I'm on a government assistant housing program which in my lease states I must have 80% of my living room and Bedroom floors covered by area rugs, which wasn't budgeted to me, yet my downstairs neighbor complains about my noise, she has gone so far as to start telling other neighbors in the building that she hears me having gay sex and she has also bought a stranger to my home as a ruse to make me think it was her brother to threaten me to lower the noise I offered her my phone number so she can call if it get loud so I can lower what ever is annoying her she refused she is now spreading gossip to anyone who will listen that she hears my gay sex and it has gotten back to me and she is now trying to sue me for breach of contract and lost wages in the amount of $3,0000.00 what can I do? can I counter sue for harassment?
Proceed to the Housing Dept. Coordinator who you first contacted to obtain the apartment. Ask them to mediate your dispute with the neighbor for they are similar to your landlord. It may very well be that they can coordinate a solution for you both, without the back and forth conflict getting out of hand.
my girlfriend jumped my gate and walked in my house and saw her stuff packed and she was pissed and started hitting me socking slapping calling me all kinds of names. Then she left with out her stuff. and told her roommate at the time a mutual friend that she went in my house and started to beat me . then 3 weeks later she comes for her stuff then she put a restraining order on me and i got arrested for domestic violence .she is totally lying , now i'm out on bail what should i do?
You Hire A Lawyer well in advance of your first court date. Do not speak to anyone about the case except an attorney that you consult for the purpose of defending the charges. Especially you MUST NOT do anything that could possibly violate the restraining order or any conditions of bail. DO NOT contact her or reconcile with her. It's over. Domestic violence charges can be successfully defended. The alternative, aside from jail time, community service, fines, "treatment," etc., is a criminal record that will hang over your head and keep you from working until doomsday. I'm here to help.
I don't the area you are in, but you should immediately contact a highly qualified criminal defense attorney and discuss the case in much greater detail. You should be able to get a FREE consultation, and get the advise you need. Domestic Violence charges are very serious and the consequences could be LIFE-LONG. As a Former Deputy District Attorney and a Certified Criminal Law Specialist, our office has handled 100's of Domestic Violence matters and I would be willing to offer you a FREE consultation. Call me at 661-267-1313 and I will let you know where you stand and what should be done to get your case to the best possible place. I look forward to speaking with you.....David Wallin
First and foremost - keep your mouth shout about any of this except when discussing it with your attorney. Don't even discuss it with your buddies and especially not with her. No texts, emails, calls, Facebook posts, etc. Nothing.
You're out on bail, so the biggest threat right now is that they think you're doing anything to try and dissuade her from attending court, testifying, etc. Adhere strictly to the terms of your restraining order.
And the obvious next step - you're going to have to be represented by an attorney. If you can afford to, start looking to hire a local criminal defense attorney. Take your time and find somebody you think is a good fit for you and your case, but there may be things that need to be looked into now with your attorney and a defense investigator. If you can't hire a private attorney, you'll need to appear in court and apply for the services of the public defender.
Best of luck.
Can ($1,100.00 a month) child support be modified for the month (four consecutive weeks) that the father has the 2 children during summer break, paid to the custodial parent?
Sincerely,
Amy
No. The child support is an average and takes differing possessions into account. It might be possible to modify it, but not for this reason.
Do I have to probate a will in Georgia if the only things distributed are a few pieces of furniture and a car? There is no real estate or money.
Maybe or maybe not depending on information we don't have.
WILL FILED NOT FOR PROBATE If there is no property to pass under the Will, probate is not necessary. However, the Will of the decedent must be filed with the Probate Court. Real estate, unlike joint bank accounts, may not automatically pass to a surviving co-owner. If the only property in the estate is an automobile, title may be transferable through the Tag Agent without probate being necessary. There is no cost to file a Will not for probate.
What I suggest is that you consult with a probate attorney to determine whether or not probate will be necessary, such as if there are any claims against the estate, there is any money or bank accounts etc. If there really is nothing to probate then the above is an excerpt from www.gaprobate.org. In such case, you file the will, but that is all as the car can be transfered via the tag agent.
If you do need to probate the estate, the GA probate court site referenced above has many of the forms you will need.
my name is Vladimir. I live in Tampa, Florida. My problem is a such. I have a warrant out for my arrest. The charge is Violation of Probation. The crime I was in probation for was Petty Theft. I missed an appointment with my PO because when I went in to see him, he told me he "Didn't have the time to meet with me today" when I asked how to reschedule, the woman at the desk told me she was too busy to talk. So, I couldn't make another appointment. It's been a month since that, and I find out today that I have warrant out on my arrest. I have multiple behavioral disorders that keep me from functioning... Well. I have Anxiety, Depression, and am on several new drugs to help. What should I do? Can the anxiety angle be helpful? I suffer heavily from it.
Thank you.
The best advice I can give you is to get an attorney before you are arrested on the VOP warrant. Also, continue to seek and follow through with any treatment you are receiving.
In order to prove a violation of probation against you, the State must establish by a preponderance of the evidence that you wilfully and substantially violated your probation. Under the facts that you give, you are not guilty. You appeared at the scheduled date and time. The fact that your P.O. was too busy to see you is not within your control. I would request a hearing. You should win. Even if you don't, the judge should reinstate you to probation since your violation was minor and unintentional.
First, you must turn yourself in since you have knowledge that there is a warrant for your arrest. Once you've done that you can argue about the merits of whether or not you actually violated your probation and present evidence about any psychological defenses you may have.
How do i break a fixed lease in ga if my landlords have been non responsive on repairs
Unless the property becomes reasonably uninhabitable because of the lack of repairs, you cannot terminate the lease for such failure. You would, however, have a claim against the landlord for any direct damages suffered because of the lack of repairs.
If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Does the executor of a will have the legal authority to prevent family members from obtaining a death certificate from a funeral home?
Obtaining a copy of a death certificate is authorized by the State for decedent's spouse, children, parent, sibling, or legal guardian as well as to their authorized representatives. ORS 432.121. Therefore, it follows that a funeral home should not be able to deny such persons a death certificate nor should the executor of the will be able to do so. If the funeral home is uncooperative, check with the county records department where decedent died. Also, you can check with Oregon's Public Health Department at http://public.health.oregon.gov/BirthDeathCertificates/Pages/index.aspx.
I have asthma and I was working 10-14 hours a day. It was effecting me really bad. I told my boss and basically he wanted my asthma to be fixed in one day. One day he said I was abandoning my job (I left work when my shift was over) so he fired me. He told me he was gonna fire me anyways cause of my health problems. I was going through some things, and I had to move to Minnesota (was in Florida). Can I sue my company for not accommodating me and can I do it even thought I moved?
Hello. Apparently this is a FL matter, not MN. Should you need a Minnesota attorney: Some attorneys, myself included, are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys, myself included, will provide a reduced fee for financial hardship. All the best.
can you move out at 17 in the state of texas? it says you can. then it says at 17 you can only be reported as an missing person. is this true?
No, you can't move out before the day you turn 18, unless your parents let you or a court emancipates you. But could you do me a favor and tell me where it is you found this information? That's a very common misconception, and I've always wondered why it is so many people think that.
If you receive a plaintiff's interrogatories should you answer all those personal questions concerning your personal info?
Depending on what was asked, you might make objections and refuse to answer some of the questions. A lawyer can help you with this.
I have a class B misdeamnor for stealing under $500. Will I hVE TO DO ANY JAIL time. I'm so sorry for doing this.
I don't know if you'll have to do any jail time or not, but this is a situation where it's more important to think long-term. If you end up with any type of conviction for theft (including jail time, probation, or even just a fine), you're going to find it next to impossible to get a job, and it will never come off your record. You really need to get an attorney, whether retained or court-appointed. If there's any way at all that Your attorney can get the case dismissed, maybe with restitution and an anti-theft class, take it and don't look back. Same thing for pre-trial diversion, or even a reduction to a Class C theft and plea to deferred adjudication, if that's on the table. Any of those options would let you get the case expunged and completely off your record later (a couple of years from now).
Any other options will lead to the caee and arrest always being on your record, though if you successfully complete a Class B deferred adjudication, you could at least petition the court for nondisclosure once the case was dismissed, which would seal it for most purposes (not to law enforcement and not to any state regulatory agencies--in case you have or plan to have a career in law, medicine, nursing teaching, law enforcement, banking, or the like, they would find out about it). Good luck.
can a person represent there self in court even when they have a lawyer in a FMLA case, the lawyer is not putting any effort in gathering information
No, it's either representation through an attorney or seal-representation (Pro se).
My 15 year old son has refused to attend his new school and I have had truancy papers filed against me. He is now attending after missing over 10 days but I am still being threatened with arrest.
Yes, that is the status of the law. If a child refuses to go to school it is your duty as a parent to make him go to school.
The adult children of two deceased parents have put the house up for sale. There are two mortgages on the property. How do I know that the bank has not already stepped in, and that I am not wasting my time, or my money, having the house inspected to find out if there are major problems?
Have you signed a contract? Have you ordered a title and violation search?
If paternity was just established and the child is 5 yrs old, does the biological father have to have visitation or can he deny that he wants it? The mother is married and her current husband has been in the picture since the child was born not the biological father. The biological father does not want any type of visitation is that allowed thru courts?
The court does not COMPEL the noncustodial parent to exercise his time.
My ex wife has custody of my 18 yr old son. He has 1 month of high school left. He moved out of her house and moved in with his girlfriends mom and dads house with her too, does this mean he is emancipated? We all live in Indiana
No. But it might mean that you can get a court order to stop sending his mother support.
We asked our employee to bring his valid ID and he didnt' bring his valid ID. After 2 weeks vacation, he didn't show up 3 consecutive days, which is our company policy to seperate.
Can we seperate him?
In NJ, the rule of employment is, At-Will. So, in the absence of illegal discrimination or retaliation or a promise to the contrary, an employer can fire, terminate, separate or "liberate" an employee at any time---good, reason, bad reason, no reason at all---with or without notice. Please feel free to contact me so that we may explore ways to limit your risk associated with "liberating" employees. 973-921-0600.
Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.
IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.
i need to get temporary custody of my 3 mo old son
I would suggest you hire an attorney. If you cannot afford one, contact your local Legal Aid office.
Is it legal for one of four deeded owners to remove deceased mothers personal
property from home without consent from other owners?
The personal property is likely part of the Estate assets. Is there a probate? Is the owner who removed the property the personal representative? Is the personal property part of the real estate, like dryer, washer, etc., or it is unassociated with real estate, like jewelry, clothes etc.
It is not possible to answer your question as posed.
I am planning to tear down and old house to reclaim the wood.The property owner requesta legal document that would release him of any responsibility of any accidents that might occur. What kind of document would be needed?
You don't draft a document.
Any reputable contractor would carry significant liability insurance, and that policy would be what the homeowner would want (or should be looking for). When he hires you he can be held liable for your negligence and acts and that is exactly what insurance is for. It protects him (and you).
A few years back 8/13/2001,a lein was put on my house,due to a credit card that I am not able to pay,which I am ok with,because I owe the money. I received yesterday 8/30/2011, a letter in the mail from the same company that a judgment was sold to another company,,a notice of intention to take oral depostition with a Subpoena Duces Tecum.Can this company actauylly put me in jail ,even though a lein was put on my house ? I do not have a lawyer,nor afford one. I need this gone away,and quit the harassing letters that I get in the mail. They are threatening me AGAIN,that I can be punished or fined ,or put into confinementCan this be possible ,even after the lein is on my house? Please respond asap. I dont wwant to even go to the hearing.
Call us..it could be the lien is not valid, the fact u did borrow money does not make it a lien..and if the amount is large enough, costs of setting it aside is worth consideration..it cost nothing to call..
This may or not be lien. Also, it appears some of the threats may be in violation of the debt collection acts. When they step over the line and threaten you with confinement, it is likely they cannot.
You really need to call an attorney. If you wish to call myself or one of the others, we may be able to assist.
Best of Luck
Greg
www.dallas-fortworth-bankruptcy.com
Over the past 10 years I have been a Director for a youth football program in North Carolina. Our organization has participated in a league of 15-20 independent organizations, accross an 8 county area. The league was run by a board of directors that consisted of the 7 directors of the programs that were run through Municipality Parks and Recreation Departments The other programs were independent, not for profit, organizations, and essentially had no say in the governing of the league. Recently this league dissolved when the 7 Parks and Rec run organizations (Essenstially the governing body) elected to pull out and form a new smaller league. The majority of the remaining programs are getting together to form a new league. My question is, in forming the new league, what can we do to minimize the liability of the "League" so that essentially, the league would not be liable for the actions of the independent organizations?
You need to speak to an attorney who specializes in incorporation. This is a question that will take a thorough evaluation of your organization structure and needs.
currently got a citation in Kansas for possession of a controlled substance (marijuana) , and possession of drug paraphernalia (a medicinal marijuana container). I would almost agree with the charge but only that the container was empty with only marijuana residue in the container not even a 0.1 gram if you scraped the residue out. Are these fully valid charges? should I plead guilty?
Your question is about Criminal Law, not Appeals. Please re-post it under that category. More lawyers with the relevant experience will see it there, and future users with similar questions will be better able to find it. Good luck.
Does having bankruptcy in the past which has now been removed from my credit report, affect my petition for a legal court ordered name change?
You must disclose the bankruptcy to the court to whom you're applying for a name change, but the bankruptcy was over 10 years ago (it's been removed from your credit report) and none of those creditors can now collect from you. You should have no problem.
THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.
We live in Illinois. Our son and a friend who were both minors entered a neighbors house and took some money. They later returned it and our neighbors told the authorities they did not want to press charges. Now almost two years later, the neighbor came to our house and is threatening to press charges. Can they change their mind two years later and press charges after they told the police they didn't want to.
It is unlikely that the authorities will pursue this two years later and after you neighbor told the authorities not to press charges that long ago.
It is unlikely that the authorities will pursue this two years later and after you neighbor told the authorities not to press charges that long ago.
It is unlikely that the authorities will pursue this two years later and after you neighbor told the authorities not to press charges that long ago.
Over two years I was charged with a misdemeanor. Retained a lawyer and believed the case was over after contacting him multiple times with no response. It's been 15 months now and just heard that the da wants to proceed with the case..
I'm not sure what your question is here. If the case was not dismissed then it can be activated. I think you need to discuss this with a different attorney as soon as possible.
I want to know if Michel Ray Hilton, age 21, currently residing at 2211 north elm, denton,tx has any warrants issued. I will be fighting for custody and this will help. I believe the warrant is in Mass.
Inappropriate question for this site.
Texas default judgment in child support/custody in January 2013. Can I petition to have this overturned and get a new hearing?
It is possible that you would qualify for an equitable bill of review. You can't file an appeal.
You should talk to a lawyer about the possibility of filing an equitable bill. Expect to pay an advance retainer of at least $3,000.00.
I paid an attorney to patent an invention 5 years ago. When it was rejected and the atty wanted more money, I walked away. I had spent $15,000 and an engineer said it would never work.
I've now "re-invented" it, improved it, and realize I'm sitting on gold...
I want to reapply for that patent ASAP.
Before you start the process again, please realize that no patent practitioner can guarantee you that you will get the patent. Unfortunately, it happens sometimes that you apply for and are eventually unable to get a patent. When application gets rejected, it costs money to respond. You should definitely plan on having to respond to at least one office action which can cost somewhere between $500.00 to $1000.00 (could be more) and even then, you might not get the patent.
As for your new filing; I would need more information to help you decide how to proceed. The first thing you have to consider is if your new invention is patentable over your old invention. If you old application was published, (which is likely unless you specifically gave up foreign filing and requested no publication), it can be used to reject your new application.
You need to discuss your invention with a patent attorney or agent. I would be glad to help. Feel free to give me a call for a free consultation. Good luck.
Feel free to call our office toll free at 855 IDEA BANK for a free consultation with a patent attorney.
We are a full service patent and other intellectual property law firm located in West Los Angeles, California. To learn more about the services we offer, our website is www.OmniLegalGroup.com.
Good Luck.
I am the main caretaker for my 1 year old child. I work to support both my child & myself. His father lives in my parents house with me, spends his money on himself, charges up his credit card bills, & has mental problems & is unable to care for my son on his own. I want to seperate from his father & remove him from my house & take him back to his parents house. We've never been married, & his name is on the birth certificate. What are my rights & what are his rights? Would I be able to set up supervised visitation for his father as apposed to joint custody?
You cannot just declare that you are the custodial parent. I suggest you speak with an attorney ASAP. Feel free to call me at 732/773/2768 to discuss
The field of child custody is a very complex one. I suggest that you call my office and set up an appointment so that I can explain your rights to you.
I have joint custody of my son with my ex he is the main person, well he is in the hospital for cancer treatment for at least 2 months and he cannot take care of our son. Now his family's saying that he made a verbal agreement with his sister that she has all rights to him now ( my child) they are basically saying I have no rights to him the aunt and the grandpa and the great grandma have all the rights now that the dad is in the hospital. I know its not true so what I am asking what should I do about this. They come and pick him up every three days I am being nice untill I get an answetr from a lawyer I know that they are wrong.
They have no legal rights. Work out a situation based upon what is best for your son, not based upon who has what rights.
if my house that i am renting without a lease is not up to code and now they are evicting me what should i do?
They can evict if you dont pay rent. They can terminate the lease with proper statutory notice since you have no lease term. The code violations dont give you any rights. Sounds like you need to get out
I have posed a question to this forum before. I got very useful advice and hope to repeat. I am in one of quite possibly the ugliest custody battles ever! After advice from here on how to deal with my daughter's father's attorneys assistant getting personally involved and making very defamatory statements about me and the case (actually giving specifics). I called legal aide to find an attorney to represent and hopefully protect me from these people. They did refer me to an attorney but I was a bit put off when her assistant commented that opposing counsel was a "nice guy" professionally I would not agree but I figured he meant personally. I met with this attorney once and she warned me not to give her "too much" info because her reading previous testimony would eat through my retainer. OK, I did not see or speak to her until the hearing she knew what I was requesting and what opposing counsel was requesting. The orders wound up being that I would submit to a 10 panel hair follicle test (accused of xanax abuse). After some argument from both sides on which Dr. would administer a psych eval. (the Dr. He requested specifically I had already seen and discontinued services) my attorney suggested a different psychologist to which his attorney displayed what I would call a temper tantrum because he had personal issues with her. The judge admonished him and told him "I don't care what personal issues YOU have as long as mother and father did not have issues". Well the Judge wrapped up our hearing then went to chambers with both attorneys. My attorney came and met with me to show me final orders. I was not shocked when limited case management was ordered as our case is super ugly. I was a bit concerned about the fact the psychologist chosen for my psych evaluation and subsequent LCM is in the same"firm" as the one I took issue with,however after the judge getting so flustered in the hearing I decided to just deal with it. I did my hair follicle it came back negative everything as I have no interest in mind altering substances. I was not sure how the evaluation went but I wasn't concerned. Well I ran out of retainer money less than a month after hearing. I begged her to just give me a little more time,, no dice. She withdrew 2 weeks ago with me owing her a whopping $100. As soon as she withdrew my child's new step mom verbally attacked me. She let me know that they would never give up that their attorney was going to throw out everything from the previous hearing that father cancelled LCM because he opposed paying the whole amount as per the court order. That woman just kept going and going talking right in front of my daughter. On Monday I called the only person I could think of to get clarification the LCM. Apparently he was unaware that father was "cancelling" LCM, was audibly disturbed that the new wife who was subject of court order as she has interjected herself in every aspect. He advised me that he had sent his report to the court including that I was fit that father is in violation of court order for refusing to pay or participate in LCM. I feel like my attorney has actually made this worse as I have not been receiving things like results from testing and what not. I am at an absolute loss now. No clue how to deal with this. I know I need another attorney but I don't want all the work the previous attorney did. Any help??
Request your file from the attorney that just asked to withdraw. She has to give it to you. If you don't dispute the $100 arrearage, you should pay it, and she may give you some hints as to what you might do next. Keep in mind, once that attorney has Entered her appearance, she can't withdraw from the case unless she has the approval of the client or the Judge. She may still be your attorney.
Good luck
Can my husband divorce me through no fault without my agreeing or signing any papers r agreeing to any terms ie custody, alimony etc?
New York has finally come into the 21st Century by enacting the relatively new irretrievably broken ground for divorce. The marriage has to be irretrievably broken for at least six months and unable to be repaired. The person who doesn't want the divorce can string out the process by denying the allegation that the marriage is irretrievably broken and unable to be repaired.
In his divorce petition the husband can ask for ancillary relief such as custody, visitation, support, and division of marital assets. The divorce cannot be granted until such matters are resolved. These matters can be resolved by agreement between the spouses or at trial.
If you are concerned about the matter, the best thing to do is to schedule a consultation with an attorney.
PAULA J. MCGILL
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Garden City, NY 11530
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I have been living at the same house for many years and I was paying buy the month. But then my landlord said I could pay buy the week. Then They said it was not working even though I was paying them every week. And now they took my sercuity deposit to pay that rent. ARe they allowed to take my sercuity deposit. they never told me what bank or account on the sercuity deposit and I pretty sure I should of been getting interested even if it was only $1.00 can you please help me?? Thank you
If you are current in rent, they can't take the security deposit to pay rent. If you are not current, then the security deposit is available for rent. If the landlord never told you about the bank and the account number for the security deposit, then you have the right to demand a return of the security deposit. Of course, if the landlord properly took the money for unpaid rent, you can't demand the return of the money. A security deposit must be held in an interest bearing account. Interest must be paid to you once a year.
