I was arrested and would like to know if i have a civil suit.
Answer
How would anyone here know, since you did not bother to tell us a single fact (other than you were arrested)?
I was arrested and would like to know if i have a civil suit.
How would anyone here know, since you did not bother to tell us a single fact (other than you were arrested)?
I am married and i want a divorce. i have proof that my spouse is cheating, they are abusive and have made threats to me. i tried to get a protective order and the judge refused me and told me to get a lawyer. i can't afford a lawyer and seeking legal aide. the home we have is a rental property. i rented the property first then my spouse moved in after we got married. my spouse refuse to leave and advised that they will not sign or go with legal separtion. my spouse has been involutarty committed for mental and alchol and drug abuse. i would leave but i have no where to go. can my landlord evict them and can legal aide assist me with the proper paper work?
call your local Legal Aid office...only they can tell you if they can assist you.
My son was convicted of assault, and robbery with a gang enhancement. Him and a his friends were at a gas station and a guy (who also isn't a gang member) approaches his car when they were about to pull off and spit in his brothers face. His friends got out and jumped the guy and my son got out after and took his wallet, my son did not hit him. They are not registered gang members. Was my son rightfully convicted???
I would say you need to talk to an appellate attorney. One on LawGuru is Edward Hoffman (310) 442-3600. However no one can give you an answer with this information ... an appellate specialist would need more info and documents such as trial transcripts. Good luck!
You'll get the answer to that from the Appellate Court at the conclusion of an appeal you would have to file, The grounds for appeal are that the trial court allowed substantial errors of fact or law in the trial. If serious about hiring counsel for appeal, feel free to contact me.
I have a small claims question. My 10 year old daughter was kicked out of her dance class because I raised concerns about the dance teacher berating the little girls. My daughter will now miss performing in her end-of-year recital which is just 6 weeks away. I have paid in full for costumes and tuition. Is it possible to sue for the year's tuition? The whole dance year was preparation for the recital that my daughter is now being denied participation in.
You can sue for the entire tuition, but the judge will decide what is reasonable. Consider that the teacher did teach for most of the year and is probably entitled to payment for her efforts to date of being kicked out.
I damaged instructor's car while learning to drive, the car door now has a dent. The instructor told me that his car only has liability insurance, so the question is - who will be liable for the damage?
A bit more information, the instructor is not from a driving school, he is a student and posts advertisement to offer driving instruction. No formal contract was made, but there are text records. We agreed on the payment term, but did not touch on the liability in case of car damage.
By the way, I am in Texas, and the accident happened in Texas. Are there any underlying rules or laws that I can bring forward as my solid ground?
Instructor is liable..and should have insurance for him/you and everyone..don't continue with him
how can I go by getting and free lawyer for child custdosty case?
If you are indigent, you might request the court appoint an attorney or you can seek assistance from Legal Aid. If you have service skills, you might see about bartering for legal representation, from a private attorney.
Good luck
If spouse/widow changed all assets to non-probate assets, by P.O.A.. does estate of decedent become Intestate
This answer depends on many factors. The transfers may be set aside if done outside a plan of distribution, or by fraud, duress, etc. If there is a will, then the estate is a no-asset estate. Intestate means there is no will. If the non-probate assets are assets with beneficiary designations or rights of survivorship, the will will need to be filed with the District Court, but the estate may not necessarily need to be probated.
My mother holds the mortgage to my sisters house. Will that have to be paid before any money is paid. Out from her estate
This sounds like a probate issue not administrative law. Administrative law relates to rule-making by government agencies.
Who died? Who is to inherit the house?
Homes are inherited subject to any existing mortgages unless the will provides otherwise. If the will does provide otherwise, then there would have to be a means of satisfying the mortgage from other assets.
The problem here it sounds like that the estate is for your mother and that the sister owns the house. In that case, we are not talking about inheriting a house subject to an existing mortgage but a debt owed to the estate. In such case, the estate cannot be held open indefinitely to permit repayment. Rather, if this is the case, the sister would have to keep paying the monies owed to the estate and try to look around for a lender who will be willing to take a home equity loan and pay off the loan held by the mother's estate.
I suggest that your sister talk with a probate law attorney about this.
I work for a nonprofit org in KC making $250 a week. I do not have a contract, just a verbal agreement. My title is 'Executive Director' and I'm working anywhere from 40-60 hours a week. I've asked for a raise multiple times, but they keep telling me no and just say 'cut back your hours' but I can't do that since I'm the only one running things. I work in their office every day and my hours fluctuate depending, but are normally 9:30am to 5pm, and I hardly ever take breaks. Last week I worked 54.5 hours. Is this legal? Can they get away with paying me this little and working this much? Should I talk to a lawyer?
You may have a fair wage claim. But, there are several factors that may lessen the chances of your claim succeeding. This organization may have too few employees to be subject to some pay requirements. It may be that you decide how many hours you work, not your employer. The authority that your position carries may exempt you from overtime psy. You should consult directly with an employment attorney.
Good luck
can a lien be put on a house after the house was sold, if one of the sellers had a judgement against him from a defaulted loan 7-years ago? Title company did a lien search on the house before sale , and found there was no lien, collection agency who has a judgement against one of the sellers put lien on the house after the fact. Is this legal and if so what is the legal terminology for it or against it?
i really need to know, thank you so much
Mark B.
It is invalid.
One guy I knew was involved in this case:
http://blogs.ocweekly.com/navelgazing/2013/10/thomas_powell_yamen_elasadi_mo.php
Can you please explain to me exactly what it was these guys were doing to victims and what type of things they were filing without the knowledge of the victims. I don't really understand it myself.
That article does not make much sense to me, and I read it 3 times. It would appear that they are being charged with some sort of fraud. I don't understand how a backdated forged deed of trust, however, can be recorded any earlier than the date it was recorded, unless someone at the various county recorder's office was involved in the scam.
Hi,
I'm a contractor and I have a simple question. When do I have to provide the customer with lien releases by law, at the end of the project or after each sub-contractor finishes his job?
There is no law on when you must give releases, but the customer is allowed to require conditional lien releases in exchange for each progress payment and for each final payment to each sub, and is entitled to unconditional releases promptly after the payments clear the bank, although if conditional releases are given and the payments clear, the unconditional releases are really redundant. Owners who know their rights (and contractors who keep on top of their paperwork) require conditional releases from subs with each progress payment request, so that the job is released up to the amount paid automatically each time each payment clears.
I have been renting out a room in a condo. There was no lease agreement. There was also no verbal agreement on how much notice I needed to give. Am I responsible for not giving any notice when moving out?
Most courts will assume you are a month to month tenant requiring 30 day notice (min. Prior to next rent payment date) unless you paid weekly in which case 7 days notice (min. Prior to next rent payment date).
a person was ammitedly accidentally released from jail while supposed to be transferred to another prison. The next day he murdered someone. Is the victim's family at liberty to sue?
To properly answer your questions, we would like to provide you with a free consultation with one of our attorneys. Please call us at 1-800-297-9191 or email [email protected]/* */
Thank you.
My sister came to visit me, she is granted to stay for 6 months here in Florida on b2 visa, I am a citizen , can I do a adjustment for her to stay in USA.
You can file an I-130 immigrant visa petition on her behalf, but it will be years before her priority date becomes current. See the Department of State Visa Bulletin for a rough idea as to how long the wait will be. For her to stay at this time, she would need a qualifying employer or investment option as her best options.
Hello,
I have a question about a name change. I filed a request to change my name, in California (I believe it was either the West LA or Santa Monica courthouse) over a decade ago. I was granted the request, and I sent out the required notice to the newspaper and/or public record at the time (I cannot remember exactly which one, but I followed the orders of the Court at the time).
However, after I was granted the name change, I never got around to changing my tax records, social security number records, DMV license, or any other legal records associated with my legal name. My job got incredibly busy right then, and I never took the time to make these changes anywhere, and so I continued on, receiving my paycheck with my previous name, and carrying on as if I had never received the name change at all. The only place where I used the new name was to copyright a video product that I created, and by searching the copyright records today, I see that the new name is still displayed with that copyright.
My questions are:
1. Since I have continued on using my old name for over a decade, is *that* actually my legal name still or is my new name what I should be using?
2. I have tried to Google for my old name + new name + name change to see if it is listed anywhere, and I cannot seem to find it. Should I instead go to lasuperiorcourt.org and pay for a 'Party Name Search'?
3. I now plan on starting a business with the product that I copyrighted with my new name, that I mentioned above (even though the business license in California that I obtained at the time to sell the product is using my old name). Will it be confusing for potential customers or anyone else if I continue to use my old name, as I have done for 10 years? Given that I cannot find my name change anywhere online, does that mean other people would not be able to? In other words, if anyone can find out that I have changed my name, by perhaps searching records somewhere I have not, is it a better idea, to eliminate confusion, for me to adopt my new name going forward, or is it less confusing if I carry on with my old name as I have done for the last decade?
Thanks for your help!
Your name change is with the court. It would not appear online unless the page online had a listing for you with the new name. If you want to use the new name legally, you should get certified copies of the decree changing your name from the courthouse and submit them to the proper agencies.
i need to know if there is any law state that you have to divorce your husband cause he hit you
In Illinois one of the grounds for divorce is physical abuse; another is emotional abuse. A one-time physical event may or may not be adequate but if there is a pattern of abuse including intimidation that has resulted in the physical event, that may be enough. You need to consult an attorney to discuss all the circumstances to determine whether you have adequate grounds.
If someone purposely made a false report to 911- an the party reported on suffered monetary damages in court because of it. Could they get the judge to reduce the fine and or overturn the judgment if they later showed the judge the false 911 report that showed there was malicious intent to the person 911 report was made on?
Your question isn't very clear, but it sounds as if a 911 call led to evidence of a crime other than the one the caller accused you of, and that you were later convicted. If that's what happened, then the answer is no. You are not entitled to any relief based on the caller's motives or on the falsity of his accusation. Those factors have nothing to do with whether you are guilty, whether your guilt was adequately proved, or how you should be punished.
If the caller knew his accusation was false when he made it, then he can be prosecuted. That would not improve your situation, but it would hold him responsible for making a false 911 call. Whether to pursue such a case will be the prosecutor's decision, not yours.
If the 911 call let to your arrest on something other than what was complained of in the call to 911 that in an of itself is going to change a judge's decision. If the police acted on a 911 call they knew was false, depending upon the circumstances then you might possible have something. It seems as if you have a criminal attorney in this matter. You should mention this to them. Nothing to lose. This is the best i can do as your question is not clear in my mind.
My husband and I have been seperated since May 2011. We have 1 child but no shared assets. We both still reside in the same city and custody as well as child support have already been court ordered. I asked my husband if he'd sign the divorce without a lawyer and he agreed so i worked up the paperwork myself per the vbgov uncontested divorce manual. I delivered the papers to him myself, with a witness, 21 days ago and he has yet to sign them. At this point, can i go ahead myself to the courts and get the divorce without his signature?
Without reviewing your paperwork, I couldn't say. (You might want to check with
the clerk's office of the circuit court.)
Get a date for a court hearing on entry of the final divorce order, send him a notice and get the judge to enter the divorce order if he does not show.
Can a sibling file for you if you even if you living in the USA already
Yes. However, depending on how you entered, you may need a waiver of inadmissibility filed as well. For a consultation, please contact my office at 904-576-2581 or email me at [email protected]/* */
Hi,
Yes, your U.S. citizen sibiling can file for you: www.h1b1.com/sponsor.htm
However, the filing, by itself, will not allow you to remain legally in the U.S. unless you maintain independent nonimmigrant visa status.
You can call our law firm at 212-268-3580 during business hours, or email [email protected]/* */ for guidance.
The attorney for my wife accused me of stalking in a letter to my attorney. I followed my wife one time to a police station. I wanted to ask her if she wanted to get a mediator but the officer said speak with an attorney. Since the incident I saw my wife one time, at a mediation. I did not stalk her and her attorney does not have any records, incident reports etc... I spoke with my wife on the telephone and she informed me she told her attorney I followed her once and only once. Her attorney used stalking to interfere with settlement, my position. I have filed a complaint with the state bar. However, we have a trial in less than a month and the issue has not been resolved. I have asked my attorney to get it resolved so I am not ambushed at trial. What advice can you provide?
If you have legal representation it's probably best to ask your attorney for advice. They would be the best ones able to know your particular individual situation and advise you accordingly. As for stalking, I don't see how you should be concerned if it was a one time incident and you have explained it as a random one time incident. If there are no legal charges or filing against you from that incident, I would not spend too much time worrying about it. In the future since you do have an attorney, its probably best if you leave your attorney to handle the negotiations for you. Your ex may not be agreeable to individually meeting with you at this time.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
Does the state of California consider a bow a firearm
This is not the appropriate category for this question. This is a criminal defense question, and you need to be more specific as to which statute you are asking about.
I got DWI in Iowa almost 20 years ago. Ileft state never showed up for court. Now they want $678.00 or they can get my licsense in New York suspended and take property.
Is this true
If you never showed up for court the charges still exist and that means you need to resolve them.
We are a non profit 501.3(c) youth soccer organization and I need help interpreting the following: In our bylaws in the section "Membership", General Membership and Qualifications, it reads: The corporation shall have no members withi the meaning of Section 5056 of the California Corporations Code as now in effect or as may hereafter be amended. Any action which otherwise would require approval by a majority of all members or approval by the members shall require approval on of the Board of Directors. All rights whcih otherwise would vest in the members including, without limitation, the right to elect Directors, shall vest in the Board.
Does that mean members are our families in the organization or the just the members on the Board of Directors?
Just the members on the board. Non-profit corporations in California, and most of the U.S., come in two "flavors," membership organizations and non-membership organizations. This goes for all non-profits, not just charitable 501(c)3 organizations. Because non-profits do not have shareholders, they have to be organized a little differently. Some behave more like regular corporations, in that everyone who meets the requirements for membership have a say in how the organization is run. Examples are the Sierra Club, REI, Consumers Union (Consumer Reports), and the Automobile Club of Southern California. Others have purposes that do not lend themselves to such broad democratic control, or have memberships that are too variable to be viably run by a democracy of the members. Those may have "members" but they are not legal members. The board is the only embodiment of the organization, and makes all decisions, including admitting and removing directors and controlling the size of the board. Examples are most arts organizations, such as the San Francisco Opera, and most charitable foundations, such as the Red Cross. This is the form your club has, based on the clause you have quoted.
Simply put, if the Bylaws do not provide for members (similar to shareholders in a corporation), there are none, and the "members" (as you say) of the Board of Directors completely control the organization. I organize non-member non-profits probably most of the time.
Contact: If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at [email protected]/* */
Companies that promote their business online and offer trial period. Do not disclose the information regarding hidden fees and charges. How can a plantiff recover over draft fees, late fees and overdraft bank charges and damage to credit score and reputation that endangers deceived individuals family housing stability?
You might first reprot such action to the attorney general's office in Jefferson City, and to the Us Attorney's Office at your nearest District. Ther eis achace tht you coudl sue individully in civil court, but it may be tough to get jurisdiction over the defendant.
Good luck
My ex is pregnant and she says im the fatherof the baby. I dont think that she is fit to rase a baby. I want to get sole legal and sole physical custody of the child. She has been arrested for fighting. Her mother has felonies over drugs, burglery, and even more extended criminal history. Her uncle has posted half naked pictures of girls that look really young on his facebook. The uncle has also been in troube for selling drugs. My ex has also been talking about dropping out of highshool. Do i have a chance at winning full custody of my child?
There is a chance. You'll have to establish paternity and convince the Court that you can provide for the child.
Good luck
Yes, but you must hire an experienced family attorney to file a paternity case to see if you are the father, and if so, to get custody.
I own a very small sole proprietor LLC that is in my name alone. We have two credit cards jointly. I am having her removed from one and she having me removed from one. These are our only joint debts other then our house that she is giving me back my 50K that I put down on it so that i can use it to grow my business. With recite of the 50K my name will be removed from the house placing it strictly in her name. That leaves us with no jointly owned assets or debts. If my business was to fail in two years, would she be protected if I file bankruptcy and walk away from the business and its debts? Or will there still be legal way for them to come after her for my debts? She has a lot of family money that I must protect.
Hi and thanks for your post. Unfortunately the first line of your post is contradictory - a business may be a sole proprietorship OR an LLC but not both at the same time. Perhaps you mean a single owner LLC treated as a disregarded entity for tax purposes? Any debt in the name of the LLC should in no way affect a non-owner and shouldn't even affect an owner unless it is tax related or subject to a personal guarantee. Your post also does not mention if the "she" referred to is a spouse or not, which fact makes a significant difference for planning purposes. There are legal ways to protect assets from claims of creditors, particularly when planning well in advance of any actual or threatened collection. You may wish to consult with an attorney to talk about your specific situation and map out some basic planning. While I hope this post helps answer your question please not that it is not a substitute for legal advice.
I have a valid Canadian license but I have been in California for about a year. I got a fine today for driving without a license. How can I fight this?
Simply go to your local Department of Motor Vehicles of California and tell them about your situation. They can work this out for you; from the few facts I have you might have to obtain a California Drivers License. Residency and VISA status (if applicable) are going to determine what you have to do.
Once signing a rental agreement for a year is it legal for that company to do a rental change in the middle of the agreement?
That depends on the language of your lease, which you have chosen not to share with us.
Ordinarily, the answer is "no." But as mentioned previously, the terms of your agreement would dictate whether a increase in rent is permissible. You should have someone review your rental agreement to get a more definitive and complete answer to your question.
There was a promissory note signed in April 2009 by my sister as primary and me as cosigner. In April of 2014 I receive a summons for court. Plaintiff claims my sister never made one payment and I am no longer in contact with her and she will provide me no informatuion. In the complaint the plaintiff is asking for the original $5000 plus court costs and attorney fees. The plaintiff never tried to contact me in any way. Can you help me determine some items to add to my answer to the summons that would help me defend myself or do I have no defense? To my knowledge they have not filed against my sister. I live in Delaware, my sister lives in Maryland and the summons is for Harford County Circuit Court.
It is possible that there could be defenses, but you need to file an answer to raise them. I practice in this area. If I can help, please feel free to contact me.
Recently, my student loans payments were calculated and I was told that I would not have to pay this year based on my income. Today I received a bill with a payment amount on it. I called my loan holder, and was told my loan was recalculated and I had to pay this amount, and that they sent out paperwork announcing that. I never received this paperwork and had no idea that my payments had changed. Do I have any legal standing for requesting the original no payment for the first year be upheld?
How were you told that you would not have to pay this year based on your income? If it was in writing you may have recourse if the calculations were correct in the first instance. Usually, if it was a simple mistake you would NOT have recourse. You don't explain how it came to pass that your loan was recalculated. You should review your loan document agreement and see what it says about the process. I am unable to provide a more complete answer because I do not have the luxury of seeing the complete agreement.
When serving via publication, should the notice be published in the the same county as where the case is filed, or in the location where the person being served resides?
How do you know he or she resides in that county? If you do know, then you have to serve that person personally. If you do not know where they reside, then publish in a newspaper in the county where the case is filed.
in the state of massachusetts at what age can a child make their own decision on which parent they would rather live with during a seperation or divorce?
Legally, a child can decide wher to I've at age 18. At age 14 a judge must consult with a child and determine the child's preference before deciding custody. The standard for custody is the best interests of the child. At some point, before age 18, the child's preference usually matches the best interest.
For purposes of CCP 414.10 is sole managing member of LLC allowed to serve process ? Manager signed verification for UD action
No. Why mess with something like this? Get someone who is over the age of 18 and not affiliated in anyway with the parties to do the service.
I am a father and the mother of my children and I have a court ordered visitation schedule but she is not bringing them to court ordered visitation and is always late dropping them off. I filed for contempt of court and it got dismissed I don't know why the judge never said why but her public defender said I did not have a paper and I don't know what paper he is talking about.
Your court should have an Access Center. Consult with them.
An attorney would have to review the underlying file to determine what happened and whether or not the judge is correct. I have had contempt hearings with public defenders before in the past and they are very clever. This is something that someone is going to have to review with you on a consultation basis.
What is a continuance for in federal court on a drug case?
A continuance may be based on any reason that the court believes serves the ends of justce and are usually granted for reasonable periods of time to prepare the case, accomodate witnesses and similar reasons. A "reasonable" period of time is defined based on the specific need for the continuance.
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
[email protected]/* */
http://www.NationalFederalDefense.com
866.380.1782
I hired an attorney to fight a ticket. And I found out today my license is suspended. He did not file the proper paper work in time what can I do
Call the attorney. He/she may be able to fix it before it's too late.
is it illegal in los angeles to climb or sit on a fire hydrant or city garbage can? The structure was never damaged or tampered with.
That's a trick question. What specific section of the Los Angeles Municipal Code are you being charged with violating?
A neighbor came banging on my door at 3am wanting to fight I tried to shut the door and she broke it off the hinges, she threatened my life and woke the kids up the police just filed a report to send to the city attorney. What can I do now, since it seems like they did nothing
Thats how it works, an attorney will review the report to determine If charges are proper.
My brother was in an assisted living facility in Florida and passed away. He had a will where his brother was executioner, but he too has passed. I was notified by the facility that my brother passed and left a will with me in it. I have not heard anything from anyone else except by the facility telling me it is in probate. Should someone have contacted me? I live in another state. Also, what do I need to do now to see what I am in his will for since no one has contacted me about the legal issues.
You can check the county in which he died to see if there is a probate filed. Have you asked the facility if they have a copy of the will? Did he have any assets when he died? If not assets, no probate would be filed. Consult an attorney with all the information you can so that an investigation can be done.
Many attorneys would check the county records for you and let you know what is going on.
Contact a Florida probate attorney and see if they would give you the courtesy.
Once you find out-the attorney can advise you the next steps.
I am in Michigan my fiance was originally detained by his parole officer and was charged by the state ten days later. He recently took a plea and we go for sentencing on Dec 9 is it possible for him to get the time he has ready served counted towards his sentence?
Anything is possible. However, his attorney is in the best position to advise him about whether he's likely to get credit for being detained by D.O.C. for a parole violation. It's not usual to get credit.
You can read more at: www.AggressiveCriminalDefense.com
If you are on parole and pick up a new charge, then the time spent in jail on the new charge is "dead time" meaning it doesn't count as jail credit towards that offense. The time you spend in jail on the new charge will be applied as credit towards the offense you were in prison before getting paroled. Unfortunately, that's just the way it is.
Mr. Austin is correct: The time he's been in prison on a parole hold awaiting adjudication of the new crime will NOT be credited to the time he's ordered to serve on the new crime. It is "dead time." the new case is served AFTER the old felony he's back in prison on is completed;. the new crime is consecutive to (not concurrent with) the old case. It is up to the Parole Board to determine when that old case is done. At that point, he starts serving time on his new case. This is different when the first case is a local probation order (not an MDOC prison / parole sentence). When you commit a new crime on probation, the new crime's sentence is served concurrently with (overlaps) any incarceration ordered on the old case ... even if the defendant is sent to prison as a consequence of the probation violation caused by the new criminal event.
Should two co-worker's injured in the same incident use the same law firm/ or attorney? Or is it in their best interest to go to completely different firms? And why?
Any additional information would be very much appreciated! Thanx!
Michele H.
It depends. Sometimes your story and your co-worker's story may differ. That can create conflicts. I think of the cases as separate cases and would try to keep it that way. So,it is easier to have one lawyer handle the case, but sometimes creates conflicts. I have done it and have had success representing two workers in the same accident.
Hello. I suggest you read the Minnesota Rules of Professional Responsibility regarding "conflicts of interest" as a starting point. That will help you discern for yourself. Should you need an 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 reduced fee for financial hardship. All the best.
my friend and I want to know about starting a non skilled home health business we are both nurses and we have recived papers from dept of health and are unsure of what to do they are asking for business adress and employes names can we have all that before having a lincences??? please help guide us what to do first thanks
You should really consult with an attorney as soon as possible. Health or medical businesses in PA are heavily regulated, and different rules apply than other businesses. There are many issues that you should be considering, including insurance coverage, the type of business entity you are forming, tax ramifications, and a host of other regulations that may apply. After all, you are going to be going into people's homes and providing services to them. That makes you an easy target for potential lawsuits. It would be well worth your while to consult with a business attorney to guide you through this process. Good luck with your plans.
Hello,
Unfortunately, my close friend was mailed some marijuana! She didn't order it at all and there is no return address. Can they try her for possession. No one can control what they get in the mail!
It seems unlikely that someone would do this (send drugs through the mail to a stranger). Tell your friend to turn it in to the police and they can investigate the source. Or she can just dispose of it and there probably won't be any consequences if the story is true. Maybe she was internet shopping and something went awry.
Hello,
In December 2009, the Bexar County (Texas) court granted me a petition for non-disclosure for a Class B Misdemeanor theft charge. I was told by my attorney that I was legally entitled to say I was never arrested. Unfortunately, since most companies use third party private databases, my arrest keeps appearing on my background checks.
I'm currently in the process of applying to a new job. My question is:
In the case that my charge comes up in the background check yet again, and I am questioned about it, am I supposed to say point-blank the arrest never occurred or explain to them that I was arrested, but had it sealed?
-Confused in San Antonio
It is a crime to use a criminal record when a petition for non-disclosure has been granted. There are some exceptions.
What you should do is get the name of the background check companies for the companies that have turned you down in the past. Then, contact those companies and send them a letter requesting that your information be removed from their system.Attach a copy of the order of non-disclosure. You may also want to ask those companies where they are pulling the information from so that you can contact that entity and send a copy of the order of non-disclosure. In addition, I would contact the Texas Department of Public Safety, the Bexar County District Attorney's Office, the Bexar County Clerk, and the police department that arrested you to make sure that they all have a copy of your order for non-disclosure.
In general, once you have been granted an order for non-disclosure you can answer the question regarding conviction and arrest that you have never been convicted or arrested for that offense. However, there are certain government agencies and jobs requiring certain licenses for which you cannot do that.
Where can I find a free legal form to obtain a release to use the artwork or graphics that I hired a graphic artist to design for my company? I want sole unlimited ownership amd use of these designs.
Spend a few dollars wisely and have one custom made to fit your specific needs.
Does a child have any rights to home they have lived in as an adult for 10 years that was purchased by there parent for them to live in?
Full details of this issue would need to be know in order to provide sound counsel. The attorney will want to view the written documents, of course. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Real Estate Attorney,Minnesota Family Law Attorney, http://dwyerlawfirm.net
If someone was sentences to a 5 year mandatory sentence and one of the two charges is a weapons charge (FEL/DELI W/GUN/CONC WPN/AMMO) but the gun in question was not found on the person when he was picked up can this be an error in sentencing?
Florida Law recognizes constructive possession. You can be charged with possession of a firearm not actually on your person if the firearm is in a place over which you have control, or in a place in which you have concealed it.
Natalie Hall, Esq
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I entered into a debt settlement with an agency on behalf of GE Money/Chevron/Texaco. I had the agreement in writing stating that I could submit post dated payments online or mail them in. I mailed two post dated checks., both dated 9/3/11 and 10/3/11, both noted on the face of the check, "do not deposit before 9/3/11" and the other the same but with 10/3/11. When I checked my account next time, they had deposited both checks as soon as they received them and overdrawn my account. I have contacted GE Money and a supervisor there explained about the automated system and asked me to fax him a copy of the agreement saying that if the agency was offering to have postdated payments mailed to the PO box, it had to stop and he could arrange to get my funds back. I faxed the letter and have not been able to get an answer from him or anyone else since. What can I do? What recourse do I have since I have it in writing that I had that option? Thank you for your time.
If only you had asked us before sending postdated checks to a collection agency.
Sue them in small claims court. Don't expect an easy victory.
Hello, I am the executor of my step-fathers will as well as a beneficiary along with my sister. He died in June of this year in the state of California. He had a little over $2,000 in a checking account with Wells Fargo bank. He owed over $5,000 to Wells Fargo in outstanding credit card debt. They froze his account and ultimately settled the debt with me for all the $$$ in his account. He also owed over $6,000 to Chase bank in credit card debt, I spoke with the debt collection dept with Chase and informed them that he left no assets, I informed them of the situation w/Wells Fargo. My mother(deceased),my step-father(deceased) and myself are listed on a title to a mobile home as joint-tenants with rights to survivorship. Can Chase bank file a lein against the mobile home to recover the debt, I am in the process of trying to sell the mobile home. As executor am I responsible to pay this debt?
You need to make sure title is cleared up to reflect the deaths of the two other joint tenants, vesting sole title in you. At that point, Chase should be unable to reach the asset.
I agree with Mr. McCormick. Also, you as the executor, are not personally liable for your parents' debts.
I paid a man $6,000.00 to build a deck. He spent the money and has not done any work. What can I do to get my money back?
Was there a contract or proposal written up to the work to be done? Was there a certain date that the man was to finish? If you have proof of a proposal, contract, and payment you may be able to recover the damages in a lawsuit. This amount is too large for small claims court so you would probably be better off hiring an attorney to sue in Associate Circuit court.
Unfortunately, your attorney's fees will probably be more than $6,000.00 but you could recover fees from the other party. In the long run, it may not be worth suing over it, but depending on the facts, you could have a pretty good chance of recovery.
The real issue comes on winning a judgment. You may win, but may not be able to collect the judgment if the man doesn't have many assets, or garnishable wages.
If you would like to discuss suing, I would be willing to discuss taking this case.
Jonathan
what can myself (a Mother) to stop these cruel children from bullying my child at school
If the school board will not assist, the Louisiana Attorney General has a special division that will respond to the bullying. I am 64 years old, so when someone bullied another child, either that child defended themselves or others did. Nowadays, the government must step in. Call the AG's office.
My mom brought me into the US when I was 2 with a visa. The visa expired about 10 years ago. also I am now taking my GED will this help me with the differed action. Can I still renew, or what process should I follow?. Please help
If you are under 31 yrs old & meet the other requirements, then you would qualify for DACA. I suggest you go to the USCIS website (wwww.uscis.gov) & search "DACA" or "Form I-821D" for more information on how to file. If you require assistance, you may want to consider hiring an Immigration Attorney.
do bail bondsmen negotiate a reduced cost for people with financial hardships
Sometimes, and they will usually do payment plans. If you don't find the right one, keep calling other ones.
So I was witnessing the following action and thought I'de write a paper for school on this but need some interpitation on the legality of the actions of the officer involved;
A friend was permitted to access the roof of a multifamily complex to fix a satalite dish.
An overly cautious resident called the police.
The police arrive, the resident who was on the roof provided the officer with his name and date of birth. He then points to the maintinance personell and managment member that gave the permission.
The police decided there was no suspicious activity, gave the resident a fist bump and left.
Five minutes later the officer came back and arrested the resident that was on the roof for a warrent.
Now if I'm understanding the law this would be an illegal search of the residents information sine his name was ran after the fact that it was made clear that the resident was authorized by managment and maintenance to be up there that the officer had no resonable suspition that a crime was being committed when he ran the residents name and date of birth
Searching a person's public information does not require a warrant. Searching the database to see if a person has an outstanding warrant does not require a warrant, probable cause, or reasonable suspicion. The fact that the officer ran the name and date of birth is perfectly fine as it is not a search under the Fourth Amendment.
what is needed to determine "cohabitation" between two roommates, with respect to spousal support.
There is a presumption of cohabitation if they are of the opposite sex.
(a) (1) Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a person of the opposite sex. Upon a determination that circumstances have changed, the court may modify or terminate the spousal support as provided for in Chapter 6 (commencing with Section 3650) of Part 1.
(2) Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this subdivision.
(Fam. Code, section 4323.)
drinking on the job in a restaurant in the state of California
LawGuru not key word search engine
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The question is
Will get you fired for misconduct, and denied unemployment benefits.
When I divorced my ex husband I asked for supervised visitation only in our agreement (our children were 6 months and 2 at the time, 2 and 4 now). For a short period of time I allowed him to try overnight visits 2 nights a month, always with his sister or another family member present at the home. The last time he had them for an overnight the cops were called to the residence for a domestic violence dispute between him and another family member. He called me at work and I could hear my daughter screaming in the background, terrified. I went to pick them up immediately. I got there before the cops arrived got my children and left as the dispute was still going on and my children were completely terrified. I haven't allowed him to take them since this incident rather meeting at a park or having him come to my home to see the kids. Last week he got angry and threatened to take me to court to revise the visitation agreement. Aside from the above incident there have been several incidents of verbal abuse and downright carelessness, such as not using car seats when taking them places, etc. If he were to take me back to court what would happen? Would a judge automatically agree to standard visitation?
Nothinbg is automatic. The judge should look at ALL of the evidence, yours and his., including the testimony of both of you. The judge will not only look at the words spoken, but will also evaluate the credibility of the witnesses.
You should immediately discuss this with a lawyer if he files anything. You should also keep good records of everything that happens including phone calls and conversations and keep copies of all letters, texts, emails, or other documents.
Me and my 8 yr old daughter has just moved to a new neighborhood and the neighbor does not like me my daughter got on the school bus and the neighbors 7 or 8 year old daughter started making my daughter feel bad by calling (me) her mom a whore and other names saying her mama knows me. Can I get her for slander or what can I do?
Seriously? You want to sue a 7 year old for slander for telling your daughter you're a whore at the bus stop? I suppose you could but I believe it would be a giant waste of time. Your best bet would be to discuss the matter with the other child's mother to see if anything can be done to resolve the problem. If you simply can not work anything out and you and your daughter continue to have problems, try documenting the incidents and see if you can get a no contact order to the other child away from yours.
I am a pro per Plaintiff in a lawsuit....I had an attorney but he wanted a lot more money so I had to go solo....after I went pro per the other side's attorney sent me a set of 51 "specially prepared interrogatories" in addition to the form interrogatories. There was no declaration of necessity...I just learned that there is a limit of 35. I have already answered them all...do I have any recourse???
You can answer the first 35 and then object to all the others, or just send out all of the responses.
Mr. Cohen is correct, if you have not sent the answers. If you have, you are out of luck.
Can I put my daughter in Pre-K if I have full physical and legal custody, but the papers say we follow a certain visitation schedule prior to her commencement in the mandatory school attendance laws in the state she resides? (GA)
Since you neglected to tell us (1) what in the visitation schedule conflicts with your plans, and (2) the exact language of the paperwork, there is no way to answer you.
If a persons dies, and there property was sold, and the funds went into the decease estate to be distributed to there living children, is there a status of limitation on when the fund can be issued out.
There is not a certain number of days or strict "statute of limitations, " but the personal representative has an obligation to disburse in a timely fashion. What is "timely" may depend on the circumstances. For instance, if creditors / claims are pending, the PR may need to wait a few months after assets are sold to ensure that all claims are paid.
Each child/interested person should receive the accounts filed with the court and if funds have not been disbursed may object.
Depending on the type of estate that was opened and any modifications afterward, there is a limitation on the period for disbursements and closure of an estate. There is also a process for bringing claims in the event that a personal representative has not properly addressed matters of probate. I would need to know the type of estate as well as whether there are other complications with completing probate. I am an experienced probate attorney and am available to assist you.
I was injured on the job. after being released for half-days and no lifting over 20 lbs, my employer terminated me. I want to file a law suite for wrongful termination, retaliation for filing a WC claim.
Call me to discuss. 267-210-8752
My wife was in a car accident in Jan. She is still undergoing PT for this and is still in a good amount of pain. This has had a serious effect on our personal relationship as her injuries have affected her enjoyment. Can I as he husband seek compensation for this as well?
Yes. Classically refered to as a loss of consortium your claims are recognised in NY law. The derivitive claims you mention should definitely be part of any lawsuit of this sort and should be specifically included in the complaint. Of course your claims arise from your wife's injuries so proof and documentation of those injuries is vital to success in the case.
Of course. Assuming you are legally married, the uninjured spouse may claim a loss of services, temporary or permanent, depending, owing to the injuries suffered by the other. This can range from household chores to conjugal relations, etc. When starting the lawsuit, be sure to have the lost services claim made a part of it. Best, M. E. Zuller
My husband and I seperated last summer. Since that time I have gotten way behind in all my bills. Then in december I lost my job and didnt have one for two months. I recently got a good job. But a few days ago I received a letter that they were foreclosing on my home. Would filing banckruptcy stop the foreclosure?
Yes, bankruptcy would stop the foreclosure while the stay is in effect. If you did a chapter 7, you would need to get caught up pretty quickly or else the stay will be lifted and the foreclosure will proceed.
However, another option is a chapter 13, which would enable you to have 3-5 years to catch up on your mortgage.
I don't know enough about your situation to know what is best. Please call me for a free consultation to discuss your options.
If i want to send my under age child to live with big brother in military to go to school, do I have to get a Power of Attorney to do this?
Find out what the school district requires. Also , other parent can then file legal docs to modify custody and probably win. I would talk to family law attorney before you do this.
i have a warrent for probation violation (threating to commit a crime) warrent for DUI and warrent for assault how much time will i get?
That depends on your record, the facts of the underlying offenses, and how good your lawyer is.
Federal Court or Administrative Court
I filed a federal lawsuit against my previous employer. In addition, my previous employer is trying very hard to have my case ''derail'' inside an administrative court., where the judges are more ''friendly'' towards the defendants interest. My question is, can i have an attorney go into a federal court where I have my federal complaint, and request that the judge halt all administrative proceedings?
Re: Federal Court or Administrative Court
From your question it appears that you may have an administrative requirement that must be satisfied before you proceed in federal court. If this is the problem, then the judge may stay (put on hold)or dismiss your case without prejudice (you can re-file) until the administrative court has ruled on your case.
Re: Federal Court or Administrative Court
Bear in mind that I have not looked at this lawsuit, and don't even know what the basis is for it, but I will tell you that typically the federal courts require that you exhaust all administrative remedies BEFORE going to federal court. So I would expect that the court would require you to exhaust these remedies first.
[email protected]/* */
267.639.3105
Re: Federal Court or Administrative Court
You really should have an attorney already that can answer this for you.
If I was hired to do some webdesign work for a company and was not payed for it, is it legally within my rights to take the content I worked on back off their server until payment. I would think my work and services are reflected in that content and if the services aren't paid for and the content isn't paid for they legally don't have a right to it until they have made good on their payment. Especially where in my situation I have given them many emails and correspondence about the $2000 balance, that has been completely ignored.
Do you have a written agreement with the party that you prepared this material for? If so, that document will govern the property rights of each party and will answer your question.
Regardless, you certainly have the right to demand payment and sue to recover payment. If you do not feel comfortable filing this type of case on your own, you should at least seek the advice of a local attorney knowledgeable in contract law.
Best of luck.
If one spouse is in contempt of visitation and legal custody and the other is in contempt of support can either hold the other in contempt or is it a moot issue at trial since both parties are in contempt? Meaning that the party in contempt of support could defend that the party in contempt of visitation and legal custody is not entitled to file contempt against him b/c she herself is in contempt of legal custody/visitation...Obviously the support arrears would have to be made up irregardless of the fact that it was not WILLFULL (meaning that this parent was also a single parent supporting 2 other children and not able to work a 2nd job and not able to keep up with the support payments because of interference and loss of business income on the part of the other spouse who is in contempt of custody/visitation... so was essentially in an equal or worse position trying to survive, keep a roof over their heads and on welfare and every other sort of assistance until could find another job), however would the visitation part also have to be made up since it was WILLFULL interference?
Part II- The party with the support issue was a SC resident and the party in contempt of custody/ visitation is a GA resident. GA has continuing jurisdiction... however the party in contempt sought to modify the support order via UIFSA in SC and GA resident objected and got it thrown out. If he is to hold himself in contempt for not being able to keep up with the payments etc. doesn't he have the right to a hearing (or possibly imprisoned) in his homestate SC where he is domociled?
Although you provided detailed information, in short, contempt issues can be decided by the Georgia court that issued the original custody and child support order.
It is not moot that both of you are in contempt because child support isn't tied to visitation. As a result, you can file for contempt and the other party can file a cross-motion for contempt. The court will require back child support in one payment or several payments over time. At the same time, the court can require the missed visitation to be made up over time.
How do I go about getting a Tradedress for my earring product?
"Trade dress" has to do with the design, packaging, promotion, etc. of your product, and it isn't something you "go about getting" like filling out an application form and handing it to a clerk at the trademark office. It's more what you do, in general and in the broad abstract, to make your product distinctive in the marketplace. I suggest you enter "trade dress" in a Google search and look at the first 20 or 30 hits.
A design patent may provide the protection you are looking for. Feel free to call our office for a free consultation and learn more about how we can help. Toll Free 855 IDEA BANK.
2 siblings own 2 properties in California.
Title: join tenancy, both partners are on title of each property
Loan: one sibling is on loan for property A; both siblings are on loan for property B.
Siblings are looking into ways to separate properties so that each sibling will end up with one property.
As a result, they would like to achieve the following:
Property A will stay with Sibling 1.
Property B will stay with Sibling 2.
How this needs to be done legally?
My understanding is that both partners need to file Quit Claim Deed for each property.
How this change needs to be processed legally? And can it be done without paying transfer tax?
Recording a quit claim deed will take the siblings off of title, but it will not affect the fact that both siblings are responsible under a written promissory note for one of the properties. The only way to change that is with the lender's permission, usually through refinancing. Lenders are very reluctant to do that, even though they recoup their loss on a default most often through a nonjudicial foreclosure sale.
Quitclaiming a part interest would also violate the "due on sale" clause in the loan agreement on the jointly-financed property, so a negotiation with that lender is highly advisable before concluding any transaction.
I don't think you can avoid a transfer fee. Also, the transferred interests would be subject to reappraisal for property-tax purposes, and the exchange may have income-tax effects (capital gains or losses).
As you should be realizing from the previous answers, what you want to do is not as simple as it seems. It is not really all that difficult as it may seem from the answers though, either. It would be fairly easy for an experienced real estate attorney to sit down and figure out what steps you need to take and what the potential costs would be. It is just too complex to do in an internet Q&A format. I would be happy to give you a free 1/2 hour consultation with you and your brother. Then if you need or want additional assistance from me in arranging your transaction, we could do that at my regular rates. I have conference facilities in downtown San Francisco. Please let me know if you would like to make an appointment.
Do I need to let the bank know I am rebuilding, if I have cash in hand to build? I am tearing down my existing home (I still have an existing mortgage with the lender) and using cash/HELOC to build a new home. Do I need to let the mortgage company know this? I was told by many that I do not have to let them know and it shouldn't concern them. Keep in mind the home we will build will be worth significantly more than the note we carry and the previous house was worth. Can it bite me later? Take away the house? Foreclose? Any help is appreciated.
Technically you need to inform them if you are tearing down the home and rebuilding it. This is because you are destroying a major part of the asset they are secured against.
The Bank should not stop you but will want some additional assurances that the work will be completed and the funds will be there to accomplish it.
If the loan is with a local bank, I would arrange to meet with the lender and get things straightened out face to face. If it is with a lender which does not have local offices, then you still need to speak with someone and get the matter cleared.
Your bank should not have a problem once they are assured the new home will be of equal or greater value once completed and the money is set aside for the construction.
My brother is trustee to my mother's trust who passed away Aug, 2010. My brother and I are equal beneficiaries. 6 months after my mother passed, my brother stated to me in aphone conversation "how much do i have to pay you to stay out of my life". he has not spoken to me since. I have been contacted by a lawyer representing "the trust" (ie; my brother) saying all communication is to go through him. Should the trust then have to pay for the lawyer fee's out of the trust? I think it is crazy to pay $400 because I cant send my brother a simple email asking for an update on the status of the trust.
As the Trustee, your brother may hire an attorney to handle trust administration and distribution.
Yes, but you are entitled to an accounting and information regarding the administration of the trust. Make the requests to the lawyer, in writing.
myboyfriendwasdeportedfromsaltlakecityutahayearago.andhecamebackillegaly.threedaysagotheytookhimintocustodywithawarrentforfalsedocumentationandaholdofimmigration.willhedotimebeforetheysendhimback.iveheard hecangetupto10years,isthattrue?
Hello:
In this case, he is under another area of law making him permanently inadmissible without the possibility to apply for a waiver for 10 years. However, you can look at the original deportation order and make a motion to reopen to see if it is possible to get the original case reopened.
I am trying to obtain a Passport for my daughter.Her father was deported to El salvador in 2003 and has had no contact with us since then. My question is the court documents are asking I serve the other party a copy of my filed request. If i dont know where he is how is this even possible. What do I have to do ?
Need more information about exactly what court documents you are referring to but in some situations you can service another party by what is known as service by publication. I have had clients that have has passport issues and their us senator office has been able to help. You might want to try that as well.
I live in a NJ 55+ community covered under NJAC 5:26 with only 25% of homes sold. We have been told by the developer-majority HOA Board that the annual budget must, by law, reflect a full build out cost. Our monthly maintenance fee is based on this budget which is 25% to 30% over actual annual costs. In actuality the 25% of sold homes is paying 36.5% of the actual costs. While the developer does give a subsidy, it is not 75% of the actual costs, but 63.5%. Is this, as the developer says, the way it should be done legally in NJ? Thank you.
I have not seen the documents, so I do not know how the calculation is to be made and if it is accurate. The documents should be reviewed and if the calculation is erroneous, litigation to correct it may be required.
My relative who is now deceased never probated her brothers real estate into her name. Now she is deceased. Does the law require the administrator/heir to her estate to open two separate probates or can they be consolidated into one.
Two separate probates are required.
It is likely two separate proceedings will be necessary. Are there wills? Is this transfer by intestacy? Obviously a careful review of title and other factors is essential to be certain there is no way to avoid the probate process.
50/50 Partner in business changes locks, redirects money from sales, and then notifies me he wants to buy me out but does not have cash and wants to make payments. What is my recourse against him as the police would not let me remove 50% of merchandise and equipment as my former partner disagreed with what I wanted to take as it would impede on his ability to keep operating.
Not enough info for comprehensive answer, but most always immediate meeting between attorney will facilitate settlement. The longer the dispute goes on, the chance of fair settlement keeps getting less likely.
Basically, you could be in a very frustrating position if you do not act quickly. It's impossible to give you an answer that isn't riddled with generalities since so much depends upon the particulars. There is a process to unwind a partnership, but the most important part is really an agreement on money. Unless it is a very lucrative business a prolonged fight is unlikely to be financially worth it.
I have read about the California Labor Code Section 2922 regarding at-will employment unless the contract has a specified length of time.
Since school faculty and staff often sign 10-month contracts (for the academic year) that are usually up for renewal each year, is it correct to assume they don't fall under the "at-will" principle?
If a contract is signed, but then the employee quits the job right before the school year starts, or even a couple of weeks into the school year, will he/she be accused of breach of contract and be at risk of legal action?
I would want to see a copy of the contract. I would also want to know if you are part of a union. If you are part of a union then your union rep would know the answer. I see you are local. If you are looking to have an attorney review this contract you can call my office at 818 345-0123
Name on birth certificate and parent rights
If a woman gives birth in Kentucky and pits a name on the birth certificate for the faher who may or may not be the biological father is that indicated father the legal fasther with parental rights in Kentucky?
Re: Name on birth certificate and parent rights
A legal father would be the husband of a woman who gives birth during the marriage regardless of whether he is the biological father or not.
Putting a man's name on a birth certificate creates a presumption that he is the father, but individual judges tend to give this presumption more or less weight than others. At the very least it makes him a "putative" father.
A putative father basically has the right to be notified of legal proceedings that could affect his parental rights if he proves to be the actual father.
If unmarried, it is best practice to put no father's name down if there are uncertainties about who supplied the sperm.
i am a juvenile and have been charged with possession of marijuana under 50 gram with intent to distribute i am just wondering what penalties i am looking at thank you god bless.
You can face heavy fines, loss of your drivers license or prevention of getting your drviers license for a couple of years if you don't have a license, and potentially some time in juvenile detention. Most likely though, if this is your first offense and all you are charged iwth is possession of marijuana under 50 grams, you will be given probation of one sort or another but still have to pay fines. Please have your parents contact my office for a free consultation. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
My car got repo and the finance company took me to court I went but they didn't have nothing on the books for court. The finance company still wanted me to pay off the car but they took the car. Now they are garnishing my wages. My question is are they able to charge me for property that I don't have anymore ?
Yes
Was charged with possession of marijuana and possession of drug paraphinania but the judge who was on the case of drug paraphinania asked me take a course and if I do not get in trouble for the next six months the charge will be dropped but did not specify if it would be for both charges?
You got a deferred sentence, you need to see the criminal judgment and see if you received the same sentence on both charges.
What do I do when an attorney who I hired is charging me way too much money for his services?
When an attorney starts a case, they have some start up research and other things that they do before turning out any work product. By switching attorneys right now, you will probably have the same issues. Even the least expensive competent attorney is going to bill you more than you want to pay. Honestly the only answer is to marry an attorney and have them work for free. That's what my wife did.
I am looking to start a LLC to bottle my own hot sauce in New York state. How would I accomplish this?
I have access to all necessary materials for production and bottling including a commercial kitchen. I am seeking the information to legally start my company, proper permits and licensing (if any).
In addition to forming a corporate entity, that would limit your liability, you would need to make sure that the kitchen is licensed and, depending on the location of the kitchen, that it complies with the NYS dept of health and/or NYC dept of health regulations.
You should consider using an attorney who would be able to advise and help you navigate the bureaucracy. Otherwise, if you are in NYC you could try calling 311 and asking for assistance.
Feel free to call my office at your earliest convenience with help in this matter.
Forming an LLC can be a little tricky, as there are certain differences from filing as a corporation that can impact the company. You really may want to consider having an attorney assist you with the filing and preparation of the necessary documents. Would you be the sole member or principal of the LLC? Would you need a partnership agreement or Articles of Incorporation prepared for you?
My firm is very experienced with these filings and you are welcome to contact me for a free consultation.
Steven Czik
CZIK LAW PLLC
401 Greenwich Street
New York, New York 10013
212.413.4462
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The information provided by Czik Law PLLC (CLP) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. CLP is not taking and will not take any action on your behalf and will not be considered your attorney until both you and CLP have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain CLP on terms acceptable to CLP, you are advised to immediately seek the services of another attorney.
I was convicted of a felony wobler that has beed reduced to a misdemeanor after probation. I live in CA, this was a non violent wobler, my question is could I own a firearm or do I need an expungement.
Once convicted of a felony, your gun rights are LOST forever. Expungement or reduction after the fact does not change that. Sorry.
I was told I was "stealing" from someone because I took a photo of someone in a pose like one they had taken ? Is there copyright infringement here ?
A "pose" can't be copyrighted. Somebody is lying to you.
what happens if we miss a mortgage payment on our house for one month?
You will likely owe a late fee charge.
I was let go from a job for a post that I put on facebook. I did not say anything about the job or slander the business. I simply said that I was not excited to work. They had my brother, who also worked there, pull up his facebook and show them the status. Is there any legal action I can take? Also, my ex boss was called and he gave me a bad reference after I left on good terms. When he was asked, he said that I was let go for poor performance whenI had put my two weeks in.
No, unless you were working under the protection of an
enforceable contract of employment, I don't see any sustainable
claim for you based upon these particular facts.
I have a month - to - month lease and for the past 2 months I had some issues with my bank causing my rent checks to bounce. I ended up paying late and nsf fees. In a week my rent is due, but my landlord mailed me a letter stating today that I am to pay with money order or else my check will be returned and I will receive a 3 day notice. My question is, are changes supposed to be in affect in 30 days?
That is almost certainly not a change to your lease. Either it has no payment terms, in which case the form of payment is outside the lease, so the lease is not changing, or more likely the lease already provides that repeated late payments allow the landlord to decline personal checks and require money orders.
The payment of rent in cash may be demanded by the landlord when there has been a history of bounced checks. This is provided by law -- see Civil Code section 1947.3(a)(2).
My ex owes me a substantial amount in community property separation dollars that were agreed to in our divorce settlement in California. He stopped making any kind of payments (partial/full) and went into hiding in Wisconsin. I believe I have found him there and he has since remarried. Can I go after him for the money I am owed? I fear that I may spook him back into hiding if I were to try to communicate with him. This stems from a divorce in 2001. He stopped communicating with me in 2005 I believe.
You can enforce your marital dissolution judgment, but the question is not necessarily knowing where he is at any specific time, but whether or not he has assets that you can attach to satisfy the outstanding judgment. You may want to repost in Wisconsin's section, or speak to an attorney in Wisconsin to see what can be domesticated there and enforced.